The National Register.
London, England, 1819-05-30 00:00:00

TILE NATIONAL REGISTER.

rrraigned, and pleaded guilty to the minor Wiener of haring
forged notes iu their 1004*(44,6:M :-.4l•llnilltlit it s, (teurge
Michael Mailing, Julia Martin, Theavas Puiter,
Julio &loom, James Shaw, David !Diary, and Lyd,a
John Malin pleaded ovt guilty genrially to the utikjur and
minor udeurr.
TRIAL OF CR ill Le! RRRRRR

Chillier ]enact was put to the bar, and charged in the
indietimait with bar Mg, un the bib of November, maliciously
and feloniously curried stony a certain male child, under the
age of 10, and about he ag,e of three yearn, Joseph Churls
Horsley, the son of Joseph Horsley, and Sarah Elig,heth
his wife, with Weal to deprive lbw parreats of the pouessiou
of the said t

Mr. Alley staled the ease on the part of the prosecution.
Mr. Horsley was the first %salmi. called. He was a mar-
ried man, Michaud to Sarah Elizabeth..and had four chile
dren.• The child in question was born after the marriege.—
On November 8, be intrusted to a servant, named
Elizabeth Colhrook, two children, Sarah Elizabeth Horsley,
and Joseph Charles Horsley. She took them out in a little
chaise, and was to have returned at half-past four. hut tiever
did so. On the Monday morning he Nand the child Sarah
Elizabeth in the hands am publican's a ife. (In .1 hursiday,
I lth of November, Maws uNfor.tha contioent after the pi i-
roner, and went by Hover to Calais, ana from thence to
I lollond. Ile found the prisoner al Wart). in Gel maily.
(Si seeing a dams, the pi Molter eaclaimen" 0 God,Goal"
enihraced his legs, and asked fin mercy. Witness, IN Whoa;
reply, left the r00m... He afteraards taw the child which
hr had lost, at the home of hlr. Whiainart, the Cranial.—
(A letter of the pi donee* was then handed to a ducal, and •
is Bums believed it to be h.s hand- w riling)
Eliaabeth Culhronk lived in November last as servant to
Mr. Hanley. She first became acquainted with the prisoner
about tau months beforeN ovriub4ir,aud became*, aequanited
with him by walking not akb the childiro. Witting was
not married ; and the prisoner, about it week before Nu.
ve.aber, mule proposals of marriage to her. On Sunday,
Bth November. she was out a sth the children, nod Intl the
prisoner at Canonbury. Ile accompaided her to Islington,
and said that he um: Ms banshee weue going to Birmingham
in a port•cluiae; he went away fur a short time, sayilig lie
was gum; to Ms brother, and a hen hr returned, told her that
she must gn to Birmingham that night in a coach : he gave
wauestt. for that purpose: he took her place in the mime
of Jac ma. itnesa than arm away, and left the children
with !trawl at Snow-hill, telling the to take them home.
II linear a idled to go home with the children herself, but
the prisoner refused. That night she wrid to Biriniughaiii,
and did not see Hie prisuoer there. She returned to London
un I/ethical:if and „tam information of what had happened.
'rite letters imploring merry, written by the prisoner to
Mr. M' samara and Mr. Horsley, were then put in and read.
The care for the prosecution was then closed.
The prisoner ails then called upon for his defence. lie
immediately took from his pocket a roll of paper and
opened it.
Mr. Adolphus, aho was his counsel (with Mr. Andrews),
begged to say that he was igitaiant of the coutents of bit
paper.
The prisoner then rend ths paper, of which the followin;
i• an extract : Let me cub eat you, my Loud nod Gentle.
men tit the Jury, to listen to a persecuted and much-wronged
iiidividuitl, and decide a Bit that mercy and lib. faddy which
sit eminently characterise it itritish cue' tof justice. I am
the giaiidson of Mr. Cnarles Iteiniet, late of the Inner Tem-
ple. In the course of his extensive and re-pet table praca ice
he reultaal a considerahle fortune. He possessed several
estates, real and personal, independently ut muney iu the
full& to the amount of several thousand poundr. The prin-
cipal freehold estate was ertinsated at,2o,oool.,situate la and
including the manor of West hleun, in the county of South-
ampton. was given under my grandfatlier'r trustees in trust
fur nay father (the only son) and heir of his body. lie amply
provided for his other cluldreu out of the leta-titling estates
aid funded property.
" At his decease, my father entered into possession of the
rstate.hequeitthed to lone, and continued in the rejoy menu of
it up to the time of h death, which happened at an early
period. Ile left a widow, a (taught, r, amt mywif. From
that tune I date all my nuiscrers. Mo. Chas. Higisam, the
the abate', had married toy taunt, that stater of my father, who,
was extent' i x miler illy gtandfattier's will, and trust, e of the
estate bequeathed to my father, who nt the time of tilt tea-
tator's decease was under age. Upsin her death, Me. Di.:-
nu:n, as her legal representative, acted as sole trustee. My
futher several-years pievinus so his decease was of imbecile
mind and debilitated come talkie. Ile in tile a will ea 1t4.1.3.
Ovine the whole of his property to his wife, daughter, and
myself, namiiii his executri c. and two respectable gentlemen
kin executors. 'I his disteihution of property 1101 swede( the
vii ws of Mr. Dignuns. he, in ISO), in collell I w.ll. Mr. Janice
Agee, of Hare-colas, Temple,a man known to my grand-
father by being often .al his table, taking advantage of in)
father's mental weakness, gat him to sign at Agar's cham-
ber. a paper, previousls prepared by Mr. Agar, which gave
all his real estate equally between toy sister, self, nod Air.
Agar's illegitimate
Mr. Alley.. here interfered on the pai t of the prose ration,
and put it lit tl:e Cowl whether individual• should be suf-
fered to be thus calumniated an a court of justice.
hl r. Justice Bayley said he teak' not stop the prisoner
in Itiwdcfenee; and the wise:ter proceedt 41:— . .

'• His wag giVrll to a prostitute, who had
been Diatinin's servant, and fitful cohabited with my fa-
ther. '1 hey nom d her executrix, and themselves execu-
ting, inaSinii his wife, no* improviiltd for. This
scandalous %till answered a dunide purpose; in the first
place it was calculated to increase my difficulties in recos
vet Mg my With-sight, the seizure of %%Inch was even Cien
in constiliplatitm, as my father's demise was an eve nt sup-
posed to be not very distant isecondly,iii ease I iiiihnaiely
sncesieileil in obtaining my tight, it might afford a coni•
futable provision for Agar* illegitimate offspring. My
fattier died surrounded by his Nile and children, limier
the impression that he had provided for his family by the
will male in 1805, the only one lutowu by them to be in
csiiitclice, he himself (saris WWI iris metti4l 111C4pAltil V)
hating no mice on his mind 01 the one tit it deserved the
name) made in 180). Judge or our and
indignation "Oen this vilhiuuu, %Leninism t.i prediired
and read to us at Agar's eliambeis. Digtottitt acted alone
as executor. After paying the I rilinie or crocodile teats
to the memory of his departed bomber, and vowing he
would be the friend of the widow and children, his first
act was to 1:1;• dull:LI tv and take rtitses.i...:a of the fainily

1

estate. lie teen pat lip to sale all the personal property
left by my tattier, 'menthe:lg every article of furniture,
which having acruinplialied, the widow and children arr.
turned nut of &nue, to do the best they could her thefts-
edam"
.

The prisoner here became so much agitated that he
could scarcely proceed. After a f•w moments pause, he
Continued :
" The property included the revijue of the lease of some
houses iu G. afton-rotirt, the deeds thereof toeing Ile Dig-
num's possessioa, which, on being pot sits foe sale, found
no bidders, it being stated tinst•the securities were loal.
Digimm, the eserntor, became the purchaser at one
fourth of the valise. Whenever I endeavoured to remota.
straw with him on the injustice and cruelty of alepriviag
sue of my bittli•right, he stopped roe by tauntingly asking„
why I did not take legal steps for the recovery of it. well
knowing.in addition to my being under age and willow'
• guardian, that I had not the means of purchasing the
necessaries of life, much leseto defray the expense of law
proceedings. Ile knew lie ought to have given tee pois-
'elision as heir-at-law ; independent of which it was his
legal as a ell as moral duty, as trustee, to institute a 154
ill • come of equity, if lie dotilsted my right to the pro.
peaty. Aker a lapse of about 5 years, I alyttied 10 & &Oa.
filol', who at first warmly advocated my mama; bait after
• ....feting heist at the chambers of my proseeator's legal
adviser, lie abandoned toe, and berate° the solicitor of.my
prima rotor, ale, about this slow (he bring helmetlike cir-
cumstances) mart ird Dignuoi's (laughter. Five years had
then elapsed since my radices death, daring which my
poor aged mother and myself underwent all the miseries
attend-mit on the lowest State of poverty.
" 1)i nom, taking advantage of any distressed condition,
proposed to me that if I could give • release to toy claius
on the f state, he would oar his interest to proonre tee a
simation in the East India-house, of some °thee under go-
vet moult. I indignantly rejected Mi. piuposal.
" :oink in poverty, sad despairing of the restitation of
my right, I had no resource hot to propose to these up-
pa visors to tett; e a small compensation for my clsiiu.
The business was negotiated by my prosecutor on behalf
of DIgIIIIIU, myself, said a Miss Farnell, who also churned
an Interest 111 the property. Eveay circumstance that
atipearcd calculated to bring rue to so act eptance of their
Oun terms was eacesly paid hold of by any prosecutor. bly
fatlirev will of 1809, and any poverty, and consequent in-
capacity uf procei ding vigorously with legal proceedings,
%%etc coutaacted with their ability to protract the suit fur
a number of years, a hick Mr. Hot sley assured mr it aas
their deter-1114,46am to du, if wr could not come to terms.
'thus situated, I was arduced to the deplotable neces-
sity of disposing of any title to an estate, for a sum not
amounting to une-half tlm-proces•ds thereof rived by
my oppressors since hay rd!Lret death."
The prisoner thou detailed aoothet story of a similar
sort.

The prisoner then rebutted the accusation of having
used the children et mily, by dechei log that he requested
t..e servant to take our child Irvine, but she ; she
like'VVige refused to leave it at the greengrocer's at which
Mr. Huisle)'s family dealt. So careful was lie of the
child u Melt lie left behind, that before it left his sight, lie
saw it in the hands of three respectable iudividuais. lle
them proceeded:—
" I have only to add, that I have suffered siz mouths'
confinument,five of whicn have barn ut a forego country;
and that a belove,4 infant has peri.lied in a prowl, %hest:
its mother was taken Oil 6114.11'11M at being ass uccuanplher.
" Rtl)ing, soy Los it 41111 Gentlemen of the Jury, uss
your candour, I throw in) self upon )our tao►t humane cue-
stderatiou." . _

The vrioncr read this defence with great tnarks of agi-
tation. - _

No witnesses were called on behalf of the prisoner, and
after • • g sap ti out Mr. Justice B•yley, the Jusy
without hesitation pi °Holiness,' a s el diet—Guilty.
►ir, Justice Bayles, immediately after the verdict was
giseii, addressed the prisoner to Ilse follow ism effect:—
•' You have been found guilty by a July of yoni COW -
try, upon such evidence as t 110 slam lit as to
your guilt. It is aco kite of enormous magnitude, and it
you look back upon your out: cusoluct, mid consider what
would be the feelisigs which would pastorally be excited in
the minds of the poi ents 01 the children thus tarn from
them, if you have any feelings 'oat self, if you have any
remorse, you will be conscious of the enurinitv of the
otlence yam base commitsed. if its at moment of agony
the pail-111F of otiose intaista had been baonOst to :4
;life asistla, which inialit base Isappsiied, ur if they bail
been 41(1,6 veal of I e4SOII, whet compensation on earth
could ylila 11.1Ve Made to these miliamy iu•illsl 'floe de-
fence which yon have read it, that yon have received
family wrong•; but is this the M e). in wrongs
ought to he iedatessed? Are you 43 be the judge in your
own cause? Ate you to be the avenger of these pier-
sores? You have forfeited the pub... Aims of the laws,
and :ion most prepare to,nseet sour punialissient. The
sa am II r., W.ll:Ci# will te passed at its proper time (fur I
should inn [poverty sli•etiorge guy ditty unless I infuisnell
you of sour foie), wall be Irat)sportattoll tor ses (II ye 4115,
the highest punishment which Pic law alimaa."
e pa kosser was then remos est front the duck, awl will,
at the conch% 41011 of the sessions, Ise brought up oolong
the other pi isosieta lot excuse the sentence of the law. Its
did nut seem hooch affected.