The National Register.
London, England, 1818-04-06 00:00:00

./ I nen% V•lst• gar .1g .14.411 .1'
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111

for bill itsl of children. and then to the honeheuse, and took
Iwo shovels, with which they went to the poor grave. Ile
knew thesis to be the prisoners at the bar. Marshall pulled off
his coat, and set a digging in the poor grave till Ise came ro
the coffin. Puffin was with him at the foot of the grave.- -
Witness heard the clearing of the mould from the top' of the
coffin ; lie came forwai d to the head of the grave, whom 12
paces front it, and said, " Yon sconndreir, don't you want
some assistance there.' Ylassitafl struck et him wills the
shovel, best missed. Witness pier/led a second blow with a
fowling piece lie had in his hand, and struck Nlarsball so as
to set hen a•-•eeling. Witness called for assistance, being
improtected s Isis son Joseph came forward and asked," Will
eon shoot ewer master %" He replied, "Yes, and you too."
Ills sou fired with a pistol over his head, and lie surrendered
himself immediately. Marshall was seemed with much strug-
gling and difficulty.
John Sharp lives in a home in High-street, which looks
over the church aid. He went into she church yard about
I t o'clock with Mr. Leager and his two sons. They secreted
themselves behind the tombs; the; heard a noise at the hone-
house. He soon saw tyro men, and heard one of them say,
"'t'his is ;shallow," (that is it is a child's grave). He saw
them soon after digging into a grave. Mr. Leager struggled
with one of them, and at that instant received a blow on the
forehead, over the right eye, ti Lid. cut him. He then saw a
person with his arm uplifted, attempting to strike a second
time. Witness knocked hint down with the poker; it was the
prisoner Betrtin ; he thee got on him, stud endeavoured to
wrench ('eon I ' a sabre whirls lie had in his hand. Young
Leager came and struck Puffin's hand with his pistol, and
got the sabre from him. It was produced iii Court and iden-
tified. On his cross examination, he said the sabre did cut
into the bone. The first thing that passed at the grave was
Leager coming up anti saying, " Desist and surrender."
Joseph Leager, the sextovi's sou, corroborated the former
evidence in other particulars.
Mr. Curwood, for the prisoners, contended that their con-
duct did not come under the statute. The v./moiling was nut
such as the statute provided for, unless it would have been
murder, if death had ensued. Death arising from resistance
to an illegal apprehension was not murder. The apprehension
in this case was not legal ; for it was legal only to apprehend
for felony or a breach of the peace. '!'heir conduct was a
trespass, but not a felemy or a breach of the peace.
Mr. Baron Wood said he would reserve the points of law
for the Judges, if the Jury found the prisonerigniity.
Puffin, the prisoner, said, they had only been ascertaining
whether the grave had been opened, and exhibited a deep
scar on the side of the head, which he said bad been made by
the isoker.
Marshall, the other prisoner, said, all three had shot at hint
at once. Two shots had lodged in his breast. It wan nut the
first act of combicatme.in which Mir.4eager 1;4 beep *weed
while he bad been watching. He had done this for nothing
but to get himself a fine name. He robbed the parish by
charging tar 10 feet when the grave was only J feet.
Mr. Baron Wood, in summing up, observed, that the Act
under which this indictment was brought was highly penal.—
The first question for the jury was, whether the cutting in this
ease was a ids intent to murder, and did grievous personal
harm. The second question was, whether the cutting was
with intent to prevent their being apprehended.
A juror said, that one of them was of opinion that they were
not guilty.
Mr. Baron Wood.—You must agree.
Verdict—Guilty, in defeadiug theinstives,—lt was taken
Guilty, and the points of the law were reserved
.for the opi-
nion of the Judges.
Tee prisoners were then arraigned for the trespass and as-
sault. They pleaded not guilty; and agreed, by advice of
counsel, to have their trial put oft' till next term.

.TstE9ra93 AT ct.amExesr.
ELLit, Esc/. S. IYILLS, EsQ.—'rliis was an action .
—lt appeared that the plaintiff' was the owner of the park and
grounds in the occupation of his Royal Iliglinaa the linnet.. of Sme-
Cobourg, at Claremont. 'rte defandant was a gentleman of fortune,
and the lord of a neighhourin t manor. Three.ctai s after the la.-
haented death of the ?rives; Charlotte of Wales, anti whilst her re-
mains were in the house at Claremont, the defendant entered an en.,
closure called the thiks, for she purposed of killing game. Prince
Cubourg's gamekeeper met him, and asked him by what authority
he came to shout there. The defendant replied, that he was on his
own giounds, and had a right to shoot what game he pleased. lle
said lie had three pheasants, and he want^d another; and. although
the gamekeeper warned him °Van: grounds, he killed a hen pheasant,
arid carrietlit away,
The fury, under the learned Judge's direction, found y verdict for
the plannifiliurnages
I AY.

iLt RDET, AT conliT XING.—.Ie. tic.) course of 'the suareceirt.
La rove C.lnaiucl, a Winer at Godaltoing, and Will iet,4l;.
craft, t:i.ilisturer, committed on suspicion of having, on the ljth,gf
November last, murdered t. ergs Cheonel, the lather.of the former.
were brought up.
Mr. Gurney, fur the proweution, felt hitr.self obliged to apply to
the Court to respite the ree..giuranees of the pnyecutors and wit-
nesses, on account of the dine,: of a material witness, whom his
Lordship would ti..d the Calendar under the name of Snrah 'Lust,
an aecolophee. Ile, and his kindlier, Mr. Beath, had examined all
the evidence of the case, and whatever might be their opinitri, they
(lid not feil warranted to go before the grand jury without t.iis idenve„
The aliiilar it. of the medical man who anemic,' her. and th, at-
torney for the prosecution t Nlr. 11. Wood), would prove that ;he
could not be brought betide the grand Jury.
'clic affidavits were .ead, and stated that site was so ill with pa-
rt.sysms roil f.inting fits, 6141611 e mild out be removed.
i.e. Common Seri.,,eant for the prisoners, regretted much the do
ler. hut felt himself incapablo of re • isting the uiouon. lie regretted
it me more, as he could tot propo-e to have the.prisoners
%Ir. Uanrt ‘,VOIXI flum.;;Lt the widener most material iod.asst so
for as he untlerstwaltk: c:se. It wa:, imp.ssable to retioie the appi....a•
non. The ease trust s". -1141 over till ite:tt'assizes. His lordship on-
median:ly vijosed r wart-nt to elitt
t It 7S l';'0.1:1„.

HA NIA V. %11TIIIIAV wOAn, rsq.
This important ranee calor no to ne tried at Launceston
hi tore a serried jury, .m whet, mt.
Jtn.litte Abbott si.tio.d, that ihe very km turd Mr.
.LIA ice ho turd the rams ',tat a
~rung 961'11611 that llir 6104. 6illient MPOINAS..piIk the fp cluicut
hail been branglit wnalti not sapporttne,aetiun, and t.xpritactl
in tl:e shape of a sys.cial vert:.iti, in artier that that question
his wish that the fact, shook' thetetote. be put in the lecord,
the Court, and he
fore Ito. (louse
it:4“,ker, otic should I Intik fit. Sonic little esitlerce
was howcw,,, givtto ou IbP part of the <lei:4111:mo, loom aide,'
it aftpearot, that the tt, tend:lnt had ttet,nr
of Roy of tl6/6, sCryrt, 66..7. • f. lie filler,. • I • !ti60,..!
fht►'land••% 10104 ti••••• • u 1, llll• t.u.r 114. 6:.i
...•. . 6•,.: fa. .• 6 •..• • 4.016.'6'. 66 614 /".! o.t. 1 P 7ytr..r •or
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