The National Register.
London, England, 1813-12-12 00:00:00

COURT OF KINGS
•—■10118111w"--
The above Court was occupied 'ismer& of four hours on Mon-
day, in deciding the right to the possession of a fine N ewfoundland-
dog ; the plaintit was an equa.fortis manufacturer, the deti.tulant
a potatoe-suerchant, and resided at Ncwgate market. The action
wiss brought to recover, in dawuges, the value of a Newfoundland
dog taken from the plaintiff's servants by the defendant. Eleveu
witnesses were called, who swore the dog was the plaintiff's—an&
on the other hand,iliteen as strongl) maintained that the animal Was
the property of defendant.—Lord Eleoborough said there was no
' doubt each litigating party believed the dog to be his, and that the
witnesses on each side believed what they swore ; he consdere d the
plaintiff's proof, however, to be the clearest, and the Jury returned
their verdict accordingly.

,NCH.

OLD BAILEY.

Monday, Thomas Rhodes was put to the bar, charged with the
murder of Samuel Presto. The indictment having been read, Mr.
Abbot described the case on the part of the prosecution, which,
being so fresh in the recollection of the public, we forbear hereto
repeat. The learned counsel stated, that there were two distinct
questions for the consideration of the Jury : one, as to the 'letzten
of guilt of the prisoner, if he were a moral and accountable agent ;
and the other, whether the prisoner were in such a state of mind as
to make him amenable to any tribunal for any part of his conduct.
' The last question had been before juries in two cases, stilt freslr its
the recollection of every one • -and at an earlier period in the year
17:?4, in the case of Edward Harlow, who had fired at a noble Lard.
As all punishment was for the sake of example, it was self-evident,
that no one deprived of reason could be a proper subject of it : but
the plea of insanity deserved to be well-weighed, otherwise it blight
serve us a screen to the most atrocious crimes; and it must bellis-
tinctly ascertained, that the party, at the commission of the crime,
was unable to distinguish betwixt right and wrong. Ti proof of in-
saeity, the commission of the crime could 'level. be admitted. The
learned counsel then proceeded to call his witnesses.
George Metcalf and Mr. S. Hao were first examined.- Their
evidence was the same as given on the Coroner's Inquest in our last.
George Lowther stated himself to ben pawnbroker, in Totten- •
ham-court-road ; had never seen the primmer till the SOth of To-
vemher, between 10 and 11 o'clock, when he bought a pair of pistols,
for which he paid 11. tss. The conversation turned upon the Mode
of loading them ; and as be would make no abatement in the price,
prisoner pulled out two il. notes, and he gave him the change.
Miss Harriet Riley (this witness was so overcome by her fedi/ere
that she feinted. and was examined in one of the side boxes), had
known the prisoner six years. He had called upon her on the 30th
of November, about ten o'clock, and had conversed with her shout
an hour. Met him coming up stairs to her bed-room, which be had
never done before ; desired him to go to the drawine-romn, nhich
he did, and spoke several times of his uncle, Mr. D. Haigh: said h:
had been there that morning and was going there again to settle
an account ; prisoner seemed to think his uncle had done hen an
injury, and would have justice. Witness wished him to apolOgi:•s,
to his mock ; but the prisoner said it was not the fashion to be io.
jnred and to apologise : mentioned that he had escaped, and whezo
he was going. •
Being cross•examined, said, she had not known that prisoner• l;:kd
been in confinement ; his behaviour was melancholy in the extreme ;
and his sentences ineoheregt. • In answer to a question frowo!Mr.
Abbot, said, he was not collected, but could not judge if he were
or were not insane. 4
Mr;llaniel Haigh was next examined : was nncle to the prisoner
who bad been some time 'in his employ ; his comities bad been good
sip to October twelvemonth. The first change in it, appeared from
a letter he had received from him when at Ramsgate, dated Oct.
8, 1813. •
The letter was rend in court, and stated, that he• must quit his
service for that of his country. and for the benefit of the linnet°
race ; but that he would not quit it like a tk!arter, and hoped he
would take Isis brother in his house in his stead. A printed paper
was enclosed, bearing, that a man • born in England would procure
an universal peace, anti would fulfil the language of scripture, in
turning the swords into plongleshares. and the spears into pruning.
hooks : enquiry to .he matic for T. Rhodes, Aidernombury, The
witness went on to state, that he came home on the 13th of October.
tlltt, and asked prisoner to dine with him on the Sunday fallovtieg,
when he wished to learn the particulars of his -casein, but prisoner
• said it was a secret, and could not be divitioul at present. Being
asked what means he designed to employ to bring *boat bus p1.t.4.
• • A