The Sun.
London, England, 1801-12-05 00:00:00

ST,4TE PAPERS.

I:TAMBURGH, NOVEMBER ie.
The foilOwing_ important State Papers have just
appeared
LETTER OF TIE STATE 'AND CABINET MINISTER, HIS

EXCELLENCY coyfil: COBENTZEL, TO COUNT STABION,
ENE IMYERIAL MINISI'EX AT BERLIN.

Vienna. Otiober 14. dol.

• •
YESTERDAY intelligence was received that his Royal
Highness the Archduke Anthony was unanimously proclaim-
ed Archbishop and Eledor of the Eleaoral Archbishopric
of Cologne, by the Eleaoral Cathedral Chapter of Co-
iegne, in a free Canonical Eleeloral ASSembly.
While your Excellency will not fail to make the friendly
communication of this event to his PiiissiatiMajestY's Mi-
nistry, your Excellency will, at'the same time, in the most
efficacious manner, repeat those declaration's w-hith his. M-
ajesty the Emperor and King caused to be made subsequent to
the Eleaion ofMunster.

Your Excellency will assure his Prussian Majesty's Mi-
nistry, that with resped to the Eledorate of Cologne, the
elettton of an Archduke may be considered as indifferent, as
the natural course of the accomplishing of the indemnities by
means of secularization, will not be altered from personal
consideration, •or secondary views. Kence then the Court
of his Prussian Majesty may rest perfedly convinced, that,
as the Imperial Court, from love and regard to the old Con-
stitution of Germany, according to its internal convition,
can never forbear insisting on the maintenance of the three
Spiritual Eledorates, the personal consideration of the Arch-
duke having been elected to be Elelor of Cologne, cannot
havo the smallest intluenc.e on this conclud of the high Im-
perial Court.

On this occasion your Eicellency will also disclose in
confidence to Count Haugwitz, that although the Cathe-
dral Chapter of 'Munster earnestly presS that His Royal
Highness the Archduke Anthony may repair to Munster,
and take upon himself the Government, yet. His Imperial
M'ajeity, as the Head of the House, has not 'yet given to His
Royal Highness permission to this purpose, . but has rather
intimated to the Cathedral Chapter, toecntinue the Govern-
ment in the mean time, in all respects in.the same Manner
as if the See was vacant.—Sede Impedita.

His Royal Highness,heyond all doubt, Is in all respeds
entitled to the formal assumption of the Government, and
might without contradidion put himself in possession of this
Ecclesiastical Eledorate, which at this moment has as much
right to its existence as other Ecclesiastical.Eledorates..

It is also not to be denied, that his Imperial Majesty, in
this moderation which he has shewn, , could have no other
view, than thereby to give a proof, that in this resped he has
been guided by no.personal interest.

LEWIS COBENTLEL.

NOTE OF COUNT IiAUGWITZ TO COUNT STADION.
Berlin DR• 6 2
•
The undersigned State and Cabinet Minister, has informed
the King of the communication Which Con& Stadion, Mi-
nister Extraordinary .and Plenipotentiary ofkkis Imperial and
Royal Majesty, was charged to make to hint within these
few days. It was intended to make known to .His Majesty',
the Eledion of His Royal Highness the Archduke Anthony,
as 'Archbishop and Eleaor of Cologne, and was aceompa-,
nied with the declaration, that this Elettion, as well as that
of Munster, was to be considered as indifferent, and uncon-
rieded with every personal or farther view, and that it could
not in .the least alter eithr the natural course of the .Seculari-
zations, nor the appropriation of the same to the Indemnifi•
cations :—That, as on the one side the Emperor, partly from
attachment to the Constitution of the Empire, partly from
internal convidion, could not forbear petsisting in the main-
:tenante of the three Ecclesiastical Eletlotates, the Mellon
which had fallen on the Archduke Anthony could by no
'means, or in any manner, hive an influence on the conduct
of His Imperial Majesty :.---That in order to give a ptoof
of this, His Majesty has declined the Proposition of the
Cathedral Chapter of -Munster, inviting the Archduke to
repair to that Bishoprick, and to take possession of it ; and
that he had, at the same time,: given the said Chapter tonn-
derstand, that they should undertake the Government them-
selves in the mean time, in the same manner as if ,the See
were vacant. -

• If the Elef.tions of Munster and A rensberg arc to be cori.:
sidered,as mere formalities, the King-Was obliged bn-his part
to pursue those formalities which the then present circum-
stances point&t out, to preserve the general nghts ; and u ith
this view His Majesty cau:,s,', his well known protestation
against the Munster EleCtioit, to be delivered to the States of
the Empire, which by anticipation also concerned _the' Ela-
tion of Arcnsberg, in case such should take place.

His Majesty does not the, less a ?prove the wise resolution
of His Imperial Majesty,. to
.postpone •the further 'steps
which one or both of the Chapters might wish to adopt.with
respea to the introduaion of Archduke Anthony.; and
if the business on both sides is thus to remain in uncertainty,
the King will in like manner abide by the preliminary
Measures which he has hitherto taken. - e
• But even if his' Majesty were agreed on the last point
with the Court of Vienna, yet he Could not grant his appro.
bation to the principle of the future maintenance of the three
Ecclesiastical Eleaorates. This principle is in direa con_
tradiaion to those which his Majesty has at all times-ex—
pressed in. perfea agreement with the French GovernMent.as
one of the CoutraaingPowers, and which are founded on the
contraas Which are now to be put into execution.

In these is to be found -the express and essential determina-
tion, that the losses of the suffering parties are to be made up
by Means of Secularizations, and that in these the losses of
the suffering parties must be reckoned, -
1.• According to the 7th Article of the T ...4. of tatneville,
the flereditaryip fibres who have lost,their .).rossepsjojim,4ther
-in whole or in part, on the left bank of the Rhine ';''. -,
•r 4 3 ~. ' , .
.
'2. According to the 3th Article 'Of the Sante PtatY, the
(rand Duke of Tuscany, and
j. The House of Orange, to which Prussia and France
tad insured a s•ltable Indemnity, by a Convention ccincl tided
Much earlier; on the sth of August, 170r-which ineontesti-
bly Mattes the rights and pretensions of the Hotise of Grange
equal to those of the House Of Tuscany. From the obliga-
;lions contained in those Treaties, it follows, that the Powers
interested must endeavour to regulate and- to liquidate the
. mass of the real loss, and to bring it into proportion with
the objects which are destined to produce ,an equivalent for
the same. As the Indemnification for the Claimants point-
ed out in the abovementiOned Treaties must be complete, so
iniist it be carefully examined Before-hand, how far the mass
arising and presenting itself but 'Of the Sectilarizatlons, is suf-
ficient to indeninify the Parties who have sustained losses. ..

If after a calculation Made,. funds sufficient were found to
raise or to restore one or mote of the Ecclesiastical
,Sees, to
which the Ele4toral dignity is applicable, the King, far from
opposing it, would take measures to•suppOrt in this tesped.
the wishes and iriews of his Imperial Majesty; but it would
be a contradidiOn in principle at this. titres and before the
mast of the losses can be Weighed against the tiiaSs of -the
objeds of indemnification, to decide before-hand., or to pre-
resolve. on the maintenance of 'the present Ecclesiastical
Electorates.

.As the King is •accustornedi in all his declarations ugainSt
the .Court of Vienna, to be vet), free, sn it is agreeable to hire
to strengthen anew the principleS hich he shcws in ali his
transactions, and . which 'he • has invariably. laid down as the
ground of his condutt. His Majesty has therefore•authorised
the Undersigned to lay them again betbre Cohnt Stadion in
the present • Nate. He fulfils this duly, and repeats to ;he
Count the assurance of his high-consideration.

(Signed)

HAUGWITZ

On Wednesday musing a young wothan, dressed
like a servant, went to Mrs: Berkley, a rriantua
and fancy dressmaker, in Queen Ann•-street East,
and told her a Lady in the New-roadlVlshed te, see
her as soon as possible, to make a 4tess) and lin a
short time after Mrs. Berkley went(but; With an
intention of going to the Lady, but on her attival
at the place she found it was a trick ; on her return
home she found that the young Woman had heen to
her house, and told a little boy to deliyets,her, by
order of Mrs. Berkley, three valuable dresses that
were just finished, with which she made off.
Late on Wednesday ntilt, or early on Thursday
morning, the house of •t irs. ivlatthews, in Wey-
mouth-streei, Portstiouth-place, was broke -open,
and robbed of plate, and other property, to a con.
siderabie amount. - •

,131" RE PO 12r.

COURT OF KING's B,ENG/-I, DEC, 4,
SITTINGS BEFORE LORD•KENYON AND A SPECIAL

jURY IN WESTMINSTER-HALL.

GREGORY KEMBLE, ESQ.

Tuts was an .tielion brought by the Plaintiff; -1
who was stated by Mr. ERSK YN e
.'to be a dealer in
potatoes to'a great extent ; and he stated also that
the Defendant procured the assistance of the Plain-
tiff, Mr..Gregork, to carry into effed a plan which
the Defendant had, last year, laudably set On foot
for the service of. the Poor. The Defendant; Mr.
Kemble, was to furnish-the PubliC With potatoes' at
a cheaper rate than' they could Obtain them 'else-
where, for whiCh purpose, he opened a WarehoUse
in Honey-/ane Meolet. The Plaintiff was employ-
ed by the Defendant to use the skill he possessed
in the prosecution of this laudable design, for which
he was orginally to have had fool. ;• but as the_ un-
dertaking was not carried on to the length that
.was intended, he was to have ten guineas per week.
The Plaintiff, after he had been employed iri this
service, rendering it all the assistance in his power
for about If weeks, was told that his services were
no longer wanted,. andtherefore he desired to be
paid at the rate of ten guineas_ a week, _which came '
to about 16°1. Mr. Kemble,, the Defendant,
.re-
listed the payment of this sum; and therefore the
A4iOn ~was brought. The . Defendant paid fol.
into'COurt, mid the Question would be, " Whether
this sum was Sufficient or not to answer the.Plai-o-
tiff's demand, • according to the agreement between
them ?" He contended for the Plaint iff.that it was.
not, the Plaintiff having devoted the whole. of
his-time for if weeks to the service or the. Defen-
dant, under this engagement, to 'the neglea of his
own business, as well as to the faithfUl discharge of
his engagement in this. He should 'not enlarge: On-
this Case, but proceed to call evidence 'to prove It..
William Buxton said, that the situation in life of
Mr. Gregory, the Plaintiff, whe.n,he ivas employed
by Mr. Kemble, was in the. potato; line : that he.
was a salesman of potatoes. He .rerntinl:tered, -dur-
ing the late scarcity, the Plaintiff having an.en-
gagement with the• Defendant- • The Witness said,
that he went one MOrning'io the`Butcher's shop in
Honey-lane, Market, where Mr. Kemble, the De- ,
fendant, attended in the 'morning,- and where ..the
meat was sold at' an under-price. Mi. Gregory
and Mr.: Kemble Met ; Mr. Gregory- asked Mr.
Kemble, what he was to have for conduaing his 'bu--
siness that -was, Mr. Kenthleg.".businesS' the
sale of potatoes-for the City; or 'something of the
kind. Mr. Kemble made answer, " that he'slrould
have ten guineas a-week ; and that he was to have -
"ten guineas a-week for a, constancy." Whether he
.Was to.have more, nor any, thing further, the Wit-
ness could not say,' bui'he was to hakte ten guineas
a-week for
_a- Constancy. There-MS:no time men_
'tinned dining which the paythent ofithe ten .guinea?,
-.a-week were to -continue the inatter ,was
between them. Mr. Kemble asked Mr.
Gregory. whether he . doubted 'his,: word ?—The
Plaintiff wasaslealer ii, potatoes f•,)r himself.. He
::knew that the Plaintiff neglecic:cl his own buSiness iti
order to atteA to this, of Mr. Kemble. •
Qn his cro,s„examinatiorp by. Mr.. GA1L1FC1,3,.,• the
Witness.said, he: lived in Bishopsgate-street; No.
1131,:(we think.' he said), with his father, who -car-
iP4-1 or' business. there. Thar, the Witness,went
:with, the Plaintiff in order' to be dwitnesg to 'the
agr.eetnept between him and W. Kemble.'.' That
he made a memorandum of it in a 'hook, in'thealay-
' book•bel6Cking to the busineSs of-his father's shop.
There .was-a person with him whose name was
Young, or otherwise Chabedut.
Mr. GAli R VV, asked-the Witness, wheeher he-had
given. to 'Mr. Young, or Mr. Chabeakt, whishe
said "was sometimes acknowledged by one, some.
times by 'the other name, a copy of this entry he
had made in his father's day-book? He said he had
not. Whether he had given a copy of it to`any
'body 1' He said he had not. He .was asked, whe.
ther he had brought it with him ? He said, he had
run-. Here WTI. Gkit RO iv, ctesired that the Witness
might go to his fathers touse to' fetch the day;
book, and.that.ighettNcfollidei'llight go with the
-Witness; :-Mr; GAiotiivAA-idiriilking, oat 'only to
make an ample aptilogylifi'd{iS' Cgurse he was taking
was not found-eventually for 'the'AdVantage of public
justice, but also to give up the cause., hazardous as
that:night seem, .without th-e leave Of his Client, -if
this book,. with such an entry in it, was
,eVer
'found.

Sortie other 'Witnesses were exarnined on the part
of the ,Piaintiff, but they only proved that-he vas
employed for some time in the:serVice of the De:.
feridant,- and that
.he bought and-sold potatoes, &c.
in 'that service ; by the 'evidence Of One of 'whom it
appeared, that indeed the Plaintiff ekpeffed -this •
employment of his by the Defendatit woald be-worth
5601. ro him ; but not that the Defendant had un::
dertaken to pay: him that or` any other snm.
_ it appeared that another person had -perfornied._
the same sort of duty as the Plaintiff had undertaken
to doi for Which that prrion Was tintyPaid two 'gui-
.neas a-week, and that the sot. paid into. Court was
.at the, rate of one guinea per day to the Plaintiff.
Mr. GAs.ii6W- then proceeded to state the ease
on the part of the Defendant, -*hie!) he did at large,
and made sn apology for it; observing; that it was
not so necessary, for this partiaular case as.it was to
relieve.the anxiety of his Client; whOse cW racer
had-been a great deal before the PUblic; and Which
.'
was certainly highly honourable to himself,"as well
as, in many instances, greatly beneficial tollie Pub-
lic; of which this Cause furnished'a striking _ex-
ample. He had bought potatoes, meat,-and rice., and
_had sold them, not. at a profit, for that he did 'not
seek, but lie had sustained silo-1M by-them ; his-only
ol*awas to relic-ve;,!nat/only -the Poor, but even !
the Middle Classes- of Society in the MetropOlis dar-
ing a season of extracrdinary;preure on account of
• the high price of provisions.- In one article, 'that
of Mr. Keinbie made alarge importation, and
lie sold it, retail to _the Poor, for a price which,
amounted to less money by 40001. than he had been
offer for it by the Trade—all this from a pure
.desire to .relieve distress.. The Plaintiff was one of
the Agents employed by. this Gentleman in the pur-:
suit
.fYt this laud* bnsin ypon , no such
agreenent as had been sworn to :by the first Wit_
who;- Mr. G•• At X9W said, he
.had nu.ciiiculty

it
Waq_wrju,-7,41:3, as I,tioulci eac uy thrl
eylA.-I,ce a :nap of the
,most uncioubted
tegrity, ti:c I);t:ft_ncLint seas ciischarg:Ni oti
accotio his4nisconduo:. iMr.GAtta.oW then i;
the'aiici'Tistiinc6- -of tile.. b,:tt all of
theta,' as lid bearing upon thi, "issue, ill
be-Ion:14 in the:,.detail "of tile cv.idenec cif

_ Mrs, Henry 'WoodthorThe, jun.—." I as .erry'plov-„
ea. by Mt. Kemble •,.-Iter to
_sUperantend
the busine.in Iloney4arle rnaikei. I karns Mr,
Gregory *A employ:ea by Mr. Kemble aoou'rchas,-:!
Potatoes for him. Thee employment comnienced,
am confident, not befoie the 24. th of Novciall'&e.;
• P8oa: The cmployment.continfied until wi:hin
feW days of the' loth of ..january feiloivii iris
'book (holding.- a book in his hand) con'6irls
meriGin.Mr..Gregory'shand...writing,,of
iiitoestliat he hught for Mr. Kemble ; and more.'
have seen it repeatedly. The honk I do not so
Well understand; bUt Iknow the _quantity of Pita-
toes Pureha:.ed by Mri. Gregory for iMr.-Kemble--:.
it Was' ilB Tons; and about 17::,selbs. but I would
call it rto Tons—Mr.Greg,ory had nothing re -
do with the others in finding them' ont.—The price
to which Mr. Kemble Mr.;Gregory to go,
was 6l and Under per, Ton ; and; 'about a fort::
night afterwards,„ Mr Gregory told Mr. Kemble,
that lie could not procure them under 71. per Ti:11, ;
Kemble then -gave him:a limited order forany
quantitY he could--bringat. 71. per ton, and under.
There were- two men I think emplo),Ted by Mr-.
Gregory-at GUitilhall; Ting two men, besides Mr.
Adams •.Sa personwho gave his evidence) employed
by Mr.. Kemble in honey-lane- Market. When
Mr. Gregory was in want of money, he used to
mention it to,Mr.-Kemble, and Mr. Kemble said,
" liring me your: accounts." He bropght two
. accounts.. One on the loth of December, for
871. los-. ri td... and being deducted for
freight,- then the charges were 631. r6l. 6d. for
e rtlle, labour, • &c. The. other account was
in-January, of the sane sort, 871. is. xcl. These
spins were Raid- to him -liy/draft. The• laf,t
, was paid on the:2oth of January' last, which was
after Mr. Gregory had gone from the service.
was present in _April last, at'the Meeting between
Mr. Kemble and Mr. Gregory. It was on Thurs,-
day, the .oth oF April last. • Mr. -Ketitble,seor ibr
me to the Counting-house, in Bewelane,son,Ericlay
evening,
.the roth of April: Mr. Gregory.; carfed
there with a oeron of the name, as he intrPtlYcg4
him, of Chabeaut. He introducd him as a large
Pcfa toe Gro‘icr, in. Li ncolnshire, I heitieve, he-..said
and lie said lte was upon. .2 'visit; at that time,
at his house., Mr. Kemble asked. Mr. Gregory,
what his demand was ? Mr. Gregory did -not
iMmediately 'answer hin77,. but put a questiOn . to,
:}:lcrable,—" What .do you think I am- en,
titled to'?" Mr. -Kemble said he'could. not an,
shier 'that cruestion,' but pressed Mr. Gregory
to'make his demand. Be then refused to--,lnake a
demandin tny-presence, Mr. Kemble said, that he
eel-tat-0y -could
,say -nothing to Mr. Gregory if I
-was absent, particularly as he had a frie id in the
room. Mr:,Gl'-eo-eiry then said to Mr. Kemble,
" D 0 you too much 7" . Mr. Kernble
appeared. very .much surprised at that demand, and
asked how long a- ,time 'it was for ? Mr.-Gregory.
tix4- -been with Mr. Ke,nitif.., -,bout two
months,, and that. he..shoUld take no fess than zeol-.
bdt had been advised to demand 506-1. Some little
titnt Aiter that- he commenced .his Aaiun against
Kemble, Who refused to pay this demand.
The.- assistance of Mr. Gregory was in ficniey..
lane Market;
.for fog or five 'times a week.
Never, that I Observed, for more thin four or
five. Minutes at a tittle with_ Mr. Kemble., He said,
"Mr, Kemble, I -iave-,:beep about such and such
Potatoes. I haVe got *them'," •or something of that
'sort., Ido not 'think 'that for all the time, I 'left
Mr. Kemble for rhSre..thin six minutes to.ether.—
.
We were, employed- frOm six in. the Morning. until
two the next day. very often. I never left Mr.:
Kernble at theie pericids, except when '1 went down
to Guildhall to superintend
,the giee there." •
On his cross-examination this Witness..said,(fpn
the:l6th of Jan-nary I.saw Mr. Gregory-. -HeW:l3
there within twO•days of the. 26th, of janaary;(bd:.--
caitse On the 2,oth Of January' I gave him .the!-Draft.
I ain, sure he Wils not there in the month.of
aud :that. he 'did no business for. Mi.--Kernble`*iii
Vebruary,,,. swear- that positively. lam sorry
to say that we did 'not examine the - accounts
of Mr. Oregory, as -much as we ought to. have
'done. They were. given .-in in a very slo,'
.venly manner by 'Mr. Gregory, and Mr. Kemble
said, '.' I dare say it is very right," and gave hitri
a Draft. There. Were some bargains .made with
strangers; when Mr. Gregory was not present; he
Was inquired after, but he was not to bei foUnd to"
make the-bargain, by which Means sOrne'lostes were
sustained by Mr. Kemble ~.,and I have\ found -tipeht
inquiries;. subsequent to a payment that I made to
Mr. Gregory, that I-Paid him above 501. tovmuch
upon a charge that.he made.,"
Lotd Kan YON!--Call you hope to go any further
in. this Case

Mr. EasKiNz saict, he could not. - • . •
Lo.td Jr.Fii-roic said, that this was tettaihly an
unfounded demand. • . - . •

fast as the Plaintiff was about to be nonmlitect,
Buxton came back from his Father's house, in
the care Of a Sheriff's Officer,

M. GAR w asked him if he had bi-ought with
him the book He said; No--the Ocet- went
into the Parlour, and. asked my sister what way
become of it ? My sister said) it was torn np for
waste parer.

Mr: dAtutow said, .that Kemblc who was
in Court, wouid if his Lordship thou ht it tight,
entei into a recognizance to.proseeate this 'Witness
for.pc' rjury, for that the whole of his evitience WaS,
taken down.

Lord
.KENYOI4 saia%he hardly thought it worth
while, and yet theWitngss deserved it ; upon which
Mr. 3.:emblc Zorilore

LORI KE then spoke to the Witness thus :
".1179u. are very much indebted to the humanity Of'
the Defendant in :this Cause that you 'are not prose-
cuted for perjury. I have not the least doubt unon
earth of your having committed perjury,—,You
may go "1
-!(.re:';
'The Plaintiff %vas then tionstnted.
Mr. Chabeaut was no Potatoe Grower, but a par-
ticular friezld of :gr. Buxton, in this. foiVo,

t rid who was alletini to bt i:-,tereste(i in this' busi.

ICSS.

of the ground; and that in raft, no one ever enjoyed
the light from these windows except by the perinis.
SW `of thelX•fetiOani, and that consequently
a-riglit' by Law, to do what be had done in this
case, and was accountable to nobody fur it.
Lord'KetiYON asked it the Plaintiff's windows
Mail
been d4rkened by the' Defendant?'
Goias said, he adinitted that the Plaintiff's
windows had beet darkened .by the Defendant, but
his case was, that the Defendant had, in thi3-case, •
a right to' darken thein.
. .
Lord tt'yott thought. ellarly otherwise.74-lere
it was proved thati.. thg .;:lighLhad .been erijoyettout
of these windows for forty yeais. He remembered
" a Case in the_Common2Pleas, v,vhere Justice Wi t.-
MOT held that ,twenty years enjoyment, probably
less, would he-sufficient to establish the Right` in
this Case. The only .question here was, « Whether
the Defenda.nr had diminished the light in the Plain-
tiff's house ?"-.7--That point was admitted, and there-
fore the ?laintiff was entitled to a verdita ; but his
Lordship thought the damages should be, merely
nominal.: nor should the Plaintiff ask for an under-
taking to. remove the fence, if the Jury found a ver_
did for the Plaintiff, although . the damages be
nominal ; for the Defendant would be liable to an
anion every day he continued the fence.—ltf.was a
pity that next door neighbours- could not agree in
• such a case as. this.
Verdifi for the Plaintiff-Damages 51.

Mr. GI a as complained of this ; for he sajti,he had
a good deal to say to the jury, to shew th"at'lh'e
&images should only be nominal, which he gave up,
in hearing from his Lordship that they should Only
he nominal. . . .
One of the Jury saki, they gave this sum 'because
the Plaintiff's house was completely darkened.
Lord KEN-row---" I observe that, this comes
from the Gentlemen who have been tipon the view,
and therefore I have no doubt it is right."

OLD BAILEY.

THIRD DAY.-FRIDAY, DEC. 4.

John Rudd an4,4nn Rosktill were indi6led ; the
former for felooiOtkisly. stealitig,on, the f4th' of -No-
vember a piece of C;itAiti,iig; the property of-Wil.
Liam Corney and Rich Ail Hudson ; and the latter
for feloniously receiving. tfti lame, knoWl-.ls it to
have beep stolen.
This Case, which occupied the attention of the
Court a considerable; time, was in its material
points briefly to the following'effed Pri-
soner Rudd, it appearered, was servant to Messrs,
Corney and Hudson, upholsterers in Broad-street,
Carii;iby-market.' The. Prosectitor.,' Mr. Cooley,-
for. some time had suspefted the honesty of Rudd;
and latterly was inthe habits 'of 'closely ohserv-
in,°, his motions. On the tvening of the r4th of
/\oveniber, about :Six o'clock,
_he obseOe'd the
Prisoner; rather- in a hurry while • shutting up 'the
He asked hien' the 'reason, on which the
Prisoner.' said, 'he -wanted to go home : howei;er,
Lorne' observing that he went in a different
direCtion, immediately followed saw hiin
go into the house of the Prisoner, Ann Rockall,
a broker'-andiroo-shop, at the corner of Green's.
court,, Yulteney.street ; and aiso, saw him deliver a
pieee'of Carpeting (that- laid in the Indietment), to
the Prisoner, Ann Rockall. He was positive that
udd,delivered it into her hands. 4- immediately
inert..,-int'o.'fhe !louse, whin he found Mrs-. Rock,
ill in the '2EI, of unfolding' the Carpet. Rudd was
on 'the spot, and-the Prosecutor said to.him, "John,
I have- caught you at last." 'He made no answer--
on seeing Mr. Corney, :the woman instantly took
up.'the carpet-and threw it behind her, partly under
a table ; he took poSseision of the carpet, as his -pro,
peity, but at tlte moment suffered the Prisoner to
A younggirl,.a;daughter of Mrs. Rock.
all,' -was present at the transaCtion. On consulting
with his Partner, Mr,: Conley; sent for an Officer,
and had Rudd taken into custody. •It appeared that
he acknowledged his offence to' this person, saying
he had lost two shillings of his master's money, and
that he had taken the carpet,. in order to sell it, to
make up the ,diffeienct:. 'AO Rockall was after-
wards taken into' etstody. .
This last mentioned Pris Oner, in her defence,' al.
ledged that she kneW.nothing about the transaainn
with respect to her fellow Prisoner, who, she said,
brought the article to her house -on the evening
mentioned in the inditiment, when he was imme-
diately followed by the Prosecutor, as above related.
In order to establish- this.defence on the part of
Ann Rockall, .her daughter,, girl of fourteen or
fifteen yeas of age, was brought forward. The jet
of her testimony was, that the Prisoner, Rudd, who
was a perfea.stranger to..them, brought the piece
of carpeting and threw it on the ground, just with-
in the parlour.doo' r, and that the Prosecutor imme.
diately followed; and that her mother, who was
rather deaf, had just asked her what the man said
who had brought the carpet.
This Witness underwent a long• and very.ClOie
cross.examiriation by the Prosecutoes Counsel, in
the"-Course of ,which some rather inconsistent and
contradictory matter •transpired ; however she did
not swerve as to the material allegations-in her evi.
dence as above. _ _ _

One or two Witnesses appeared' to the angler
of Mrs. Rockall—One of these said he did not
know that hex house had been frequently resorted
to by Police Officers on suspicion of its containing
stolen_ goods ; though he acknowledged he had
heard of such reports, and, on being pressed by Mr.
Baron 6RM:IMA upon the point, he owned he could
not say that her general charader was a good one.
On. which the Prisoner's Counsel indignantly ob.
served, that his condua in coming forward was
neither creditable to, himself, nor serviceable to the.
Prisoner.
Mr. Baron GRAHAM summed up' the evidence
to the foregoing
,effea ; and observed the circum-
stance.of the two important witnesses in this Case,
whose
.accounts of the transaftion, as applying to
Ann Rockall, were diametrically in, opposition to
:each other : 'and dwelt.- upon some palpable incon.
:4istencics which appeared in the testimony of. the
Girl. Either -the account liven by Corny the
Prosecutor, or her, .viaS. false. Of this, ho.veirer,