The National Register.
London, England, 1811-02-24 00:00:00

TIIE NATIONAL RF,GISTER.

Moral death of its victim. It was an evil that required the se-
rious attention of the Legislature. He had bath' trailed' to the
service of a soldier in the 15th Light Dragoons; there he had
early learned to respect the soldier; but while in that regiment
he never • s'aw the triangle planted before them. That author
expriused his disapprobation of the mode of punishing by flog-
ging, in very warm language ; but he was never prose-
cuted lot a libel. To prove that flogging was not bene-
ficial in its effecti, Sir Robert Wilson instanced the conduct
of an hish Colonel whom he had known. That Colonel flogged
•so many as seventy men in one day, yet the corps was not the
best disciplined in the service. Flogging broke the spirit without
mending the heart. No man who had once been flogged could
evet'aftewards forget the cat. The subject, it was true, was a
delicate one, bin would any man, anxious for the general good
of the service, be deterred from preserving it from the fear of
being told that he had written from bad motives. The
Learned Gentleman next noticed a parnplet published
by Brigadier-General Stuart, the object of which was
nearly the same as Sir Robert Wilson's. That gallant
(;eeeral censured the mode of punishment by flogging,
contending that it lowered the spirit and destroyed the
subordination of the heart. " The French soldiers," said Gen.
smart, 44 are sometimes shot, but are rarely flogged ;" main-
taining that the mode of punishment by flogging was so .bad,
that even the French did not countenance it. These sentiments
were delivered in much stronger language than that in which
the libel was couched; yet no one ever dreamt of prosecuting
the author for-publishing a work that was calculated to sow
,edition in the army. No one ever thought of putting such con-
struction upon that gallant General's pamphlet. If either Sir
R. Wilson or Brigadier-General Stuart had exceeded the
fair langiatge ofaliscussion, then was his argument at an end.
As to the libel, he would defend it on its merits. It stated
fairly and clearly the sentences of certain Lout•ts-lalartitil, and
tie punishments which had been inflicted in consequence. The
facts were stated fairly; and then the author felt strongly ; and if
we -allowed them to feel strongly they must permit him to express
himself strongly. He had done that, and he had done no more.
The author was net anxious to raise France hi the estimation of
his reader ; for he expressly said 46 we are no friends of Buo-
naparte." The author had not attempted to inflame the minds
of the soldiery, by making them discontented with the con-
duct of those whom they ought to obey ; for he observed
that to the Military code, he feared, must continue to he
more severe than the civil, and discipline is the soul of the
army." The author did not mean to say that Weeding soldiers
ought not to be punished; he contended that the punishment
ought to be chastising and less degrading. The author speaks
in language of severity, and tells the soldier that strictness is ne-
cessary. The libel then goe4 on to say—" We despise those who
would tell its that there is more liberty in France than there is
in England." Was that the language of one who would advise
the ;Soldier to go over to the enemy ? The author had been
charged with bringing forward improper arguments in illustra-
tion • but he had not overstepped the bounds of free discussion.
To admit of such a mode of free discussion, would be, .indeed,
binding fast in chains of adaniant, the boasted liberty of the
press. To say that such a discussion had the tendency of sow-
ing discontent in the army, was as rational as to say that discus-
sion on the propriety of raising certain taxes, was cal-
culated to make the people rise against the fax-gatherers !
It might as well be said that Mr. Pitt's arguments on the slave
trade were calculated to make the blacks rise against their
owners. He could not but observe that one material point had
had been. Studiously kept out of s.ght, the probability of their
flogging promoting mutiny from a disgust being created in the
minds of the soldiers. la conclusion, the Learned Gentleman
again, pressed upon the minds of the Jury that their ver-
dict would decide whether Engjishmen were to contnue to ex-
press their opinions of public measures, and of general systems
eef_policy.
Fhe Attorney-General briefly replied,
And after a charge from Lord Ere.e. e BOROUGH,
.11e Jury retired for near two hours, and returned a verdict—
.7l7ot Guilty.
Sir Robert Wilson was on the Bench With his Lordship during
the whole of the trial.

•
COURT OF COMMON PLEAS, FEB. .11.

The only case of any interest which occupied the attention of
the Court was an action of trover, from Mrs. Reader against
Mr. Niche.les, pawnbroker, to recover the value of an old
quarto volume of the History of England, which the plaintiff
bad pawned•with the defendant for twelve shillings, and which
was sold, notwithstanding plaintiff had given notice agreeable to
the Act of Patlialneht, to keep the book for three months after
the expiration of the year.
'Verdict for the plaintiff—Damages, Thirty Shillings, the
Value of the pledge, aid interest to be deducted.

OLD BAILEY.

• •


Wednesday the Sessions commenced before the Lord Marty
Mr. Justice Heath, Baron Wood, Mr. Justice Bailey, th,
Recorder, &c:
Edward Deacon, glizabeth Deacon, and Francis William!
were capitally indicted for feloniou.ly colouring, with certain
materials producing the colour of silver, several round blanks dr
base metal, and forming them into figures resembling the colts
of this kingdom.—Mr. Juitice Heath thought that there ads
not sufficient proof adduced to criminate the female prisoners •
the strongest had been given of the guilt of the man.—The Jul
accordingly acqutited the two women, and found Edwa
Deacon guilts. .

HIGHWAY ROBTIF.ItY..
William Oldham and John Pit ford were capitally indicted fn,
assaulting Georie Cooper on the King's highway, putting him
in fear of his life, and taking from his person, against Lis will, a.•
silver hunting watch, gold chain and seal, three one-pound
hank-notes, some silver, and a draft for 1681.
George Cooper deposed, that his gather was a farmer, resid-
ing at Old Ford, and that he assisted him in his business. Oa •
the evening of the 7th of January, as he was riding up-Old Fore.
lane, towards his father's house, ab :ut six o'clock, lie saw tw•
men walking before him, and, on his coming near them, the? .
separated, each taking different sides of the road. Just as he
overtook them, they each darted towards him, and seized his
horse's bridle, while one of them, whom he believed to be Pits
ford, placed a pistol to his breast, and said something which his
did lug distinctly hear. Being somewhat. alarmed, he sai4iF
they would not use him ill, he would give them all he had. He
imniediattly took from his pocket three one-pound notes,a dud;
on Messrs. Masterman and Co. for 1681. and about fifteen shils-
hugs in silver, which he gave them. With this, however, thet
were not satisfied, as Oldham drew witness's watch from his
fob, after which they went off. At the time of the robbery the
moon was shining full in the prisoners' faces, and from this cir-
cumstance witness was enabled to swear, in the most positive
manner, to Oldham. He was not so certain of -Pitford, al-
though he believed him to be the other man. He did not sese
theni from the night of the 7th, until the following Saturday,
when, from information he received, he saw them: at Bow-
street, and immediately recognised Oldham.
'These facts were corroborated by three other witnesses, wimp
were present at the apprehension of the prisoners.
Several persons appeared to_ the prisoners' characters, and
described them to be hard-working, honest, industrious Melt.
Amongst others came the head warehouseman of the Londases
Docks, under whom they were employed, who said he always:,
entertained the best opinions of them.
Mr. Justice BalLev summed up the evidence with his woutet
humanity; and the Jury, after a short cmsiderations acquittei-
Pitford, and found Oldham--Guilty—Death.
The prosecutor begged to recommend the culprit to mercy.•
on the ground of his having used no cruelty or violence.
The Court declared that the recommendation should be at-
tended to.'

The prisoner is about twenty-five years of age, and has So
wife and family.

FRIDAY, VEIL 22.
CHARGE OF MURDER.

Rachael Woodthorpe stood indicted for the wilful murder
of William Crickett, by cutting his tiLroat' on Sunday, the totir
day of February instant, of which he died on the Monday fol-
lowing.
A person of the name of Holloway deposed, that the deceased
resided in the Weavers' Alms Houses, near Short-ditch, and
was supported there by the bounty of that institution, and bP
annuities paid him from twe different persoi.s .On Sunday,-the
10th instant, he received a letter at an early hour in the morn:
in; from the prisoner, requesting him to come to his uncle,
(the deceased), stating in the letter what had happened. He
accordingly went to the Alms-house, saw the deceased, whO
was then alive, and in his perfect senses. lie was in bed, and
the bed was 11 covered with blood, and he found that • Lit
throat was cut. He interrogoted the prisoner, and she said', •
that sleeping in the same bed with the deceased, she was iv.voke
about two, or half past two o'clock in thi. inorwng, and fcuHd
that the deceased was all over covered with blood, on winch she
got up and lighted the are, and walked about the room all night.
That he aited her why she did not call for assistance ? she.
replied, that she did not like to disturb •the neighbour!. at that
very unseasonable hour. The witness went on to state, that
he asked the deceased whether he had killed hintself ? awl he
answered, No !" That he again asked him, whet-her, his
niece (meaning the prisoner)• had killed hint, but at first he •
would make no answer, only put his luind up, to his throat; but