The Sun.
London, England, 1825-07-13 00:00:00

WEDNESDAY EVENING, JULY 13, 1825

silver cup and I replied No, and he, on searching the phaeton,
discovered the loss.

John Hunt said, I was on the course, and saw Mr. Bayley's
carriage ; I saw a person who-was standing close to the near
side of it ; he put the end of a yellow handkerchief in his mouth
as if to hold it, and he then put his hand over the back of the
dickey, and snatched from thence a cup ; I had seen the cup
there; the person then put the cup and handkerchief into the
left side of his coat, and. I saw him goaway under the carriages.
I suspected the person because I saw hint open another car-.
rive. I gave a description of this person to Warren, a Bow,
street officer. The man at the harts the man lam sure.
Ayles said-1 am the Coachman of Mr. Tattersall ;
1 was at Ascot races yn the day in question, and saw Mr. Bay.
ley'a carriage; there Vas a person loitering -about the carriage
for three or four minutes, 'and I then saw him take something
froth the hind part of the carriage ; I cried out, " Joseph, have
you lost any thing r and he said " No ;" I then asked if he
itad not last something out of the carriage, and he said he had
le:•liTeUp. This was on the Thursday at the races; and on
die Saturday I saw the prisoner at Bow4treet,.. and recognised
him as the person whom I had seen take the cup.
Mr. Justice Bayley.% coachman • confirmed the evidence dr
the preceding witnesses, as far as their .testimony regarded

James Warren, a Bow--street officer, said, in consequence of
information 1 received, I took the prisoner into custody, and
searched him ; I found on him a yellow silk handkerchief; the
prisoner then fainted ; on his recovery I told him I took him
about a silver cup which was stolen from a gentleman's car-
riage, and he immediately said, " I was not on the course till
to-day ;" I had not then told him that the cup had been stolen
the day before.

- - -
• Examined by the Learned BARON—I had no other reason
for apprehending the prisoner,, except from what Hunt and Mr.
Bayley's coachman told me.
Mr. Tattersall's coachman on being recalled, said that he
was sure the prisoner was on the course on the Thursday, as
he lied seen him sometime before the robbery playing at the
thimble.

The prisoner, on being called upon for his defence, said that
he left his case to his Counsel.
The Learned BAROIV—WIIO is your Counsel ?
The prisoner—I do not know, my Lord, but I employed Mr.
Humphries of London to take care of my defence, but he is
not here.

Mr. Cu RwooD—ln Justice to the prisoner I ought to state
that before I left London Mr. Humphries consulted me on the
Ca:W., but I have received no brief.
The prisoner, on being asked if he had any witnesses to speak
to his character, said that he could not ailbrd to bring them from
London ; however, several gentlemen had signed their .names
to his character, but Mr. Humphries had got the paper;
Mr. Baron GARROW summed up the evidence, and left it to
the Jury to say whether they were satisfied of the guilt of the
prisoner.

The Jury, after a short deliberation, found the prisoner
Guilty. -
The prisoner again asserted his innocence of the offence im-
puted to him.

Mr. Baron GARROW, addressing the prisoner, said that not-
withstanding the strong professions you make of your innocence
and your good character, it is quite impassible that any person
in this Court who has understanding enough to comprehend the
proceedings, can have the smallest doubt of your guilt, or of
your being one of those who go in large gangs to places of pub-
lic amusement, where, if a countryman untortunately falls in
your way, he gets plundered of his property by pricking in the
lucky garter, or betting upon the thimble rig; and if a gentle-
man comes to a race.course, and is attending on the ladies of
his family, you plunder his -carriage of any property that may
be contained in it. If I were to discharge you, you would be
soon, very soon, among your associates in guilt, and you would
get from one step to another in crime till you would bring your
career to a close by committing some atrocious capital offence.
His Lordship then sentenced him to be transported for seven
years. _

The Learned BA ox, .turning towards the Jury, observed
that it might be some satisfaction to theri-i*S. know that, not-
withstanding the prisoner so strongly persisted in asserting his:
innocence, he had, only a few days betbre committing this of-
fence, been discharged from prison, in which he had been con-
fined on a charge of felony.
Mr. CURWOOD—But, my Lord, I had the honour of being
his Counsel in that case, and defended him successfully.
The prisoner appeared quite indifferent t ) the sentence passed
upon him.

'Thomas White was charged with stealing five turkeys, the
property of Mr. Henry Newell.
lqr. RIGBY stated the case.

Sarah Cooper said—l am a servant of the prosecutor ;he had
ten turkeys ; I locked them up -safe over night, and in the
morning" I missed five and found one dead • the fire lost were
brought back from Maidenhead ; I knew they were the same.
Cross-examined by Mr. Cuaivoon—The turkeys when
they came had their wings and tails picked; they were white
turkeyi; there are a great many white turkeys, but I am sure
these were ours; I knew it because I opened their crops, and
found food that corresponded with ours.-
Henry Newell said, I went to Maidenhead and found a
basket on a coach, containing the turkeys; the prisoner was
afterwards found hidden in a tub; he had been a servant of
mine about seven years ago.
Cross-examined by Mr. Cunwoopl did not see the basket
put upon the coach, and my only reason for charging the pri.
soner was that 1 found him asleep in a sugar hogshead.
Thomas Hamerton, a very queer looking countryman, said
that he saw the prisoner put the basket containing the turkeys
on the top of the coach. (The evidence of this witness was'
given with a volubility quite astonishing, and the quantity of
irreldvant matter he brought in was beyond all check.)
Mr. CURWOOD was proceeding to cross.examine him, but
when that Learned Gentleman had put a few questions, the
witness said,
.My Lord, I am only telling the truth, and I
hope I may tell my own story straight-f6rward, without this
COunSellor's bothering me.__

„
Mi. Baron GARROW—Witness, the thing that you mistake
for what you call bothering you, is the exercise of great learn.
ing and a very sound discretion.
Thomas IN illeughby Humphries said, the basket taken by
Mr. Newell was the same as was put on the coach by the prtt
soner. ' I drove the coach. The basket was to be left at Smals-
bitty:green.
Cross-examined by Mr. CURWC;OD.—It was a dark morn-
ing, and I did not see the witness Hamerton, and I don't think,
from the state of the morning, that he could see a man's face
•
to know it ,

Mr. Baron GAnitow said that he con4idered it most impro-
per for coachmen to take up parcels in the night from persons
they did not know ; it afforded the greatest opportunity to
thieves, as the parcel might contain the High Sheriffs ylate, or
any thing ehie, and if the coachmen did not act with more
caution, they might be trawria pried as accessories. ^
Mr. CLTILWOOD stated, that the prisoner had been out on
bail.

Mr. Baron GAnnow summed up the evidence.
After the Learned Baron had concluded his address to the
Jury, the prisonersaid he was in the habit of travelling to buy
'poultry at itlaidenhead market ; and being there a too
early, he got.into a sugar hogshead, and fell asleep..
The Jury having consulted together for near five minutes,
the foreman said that they found the prisoner Not Guilty ; btu
on his' saying. this, two or three of 'the 'Jury rose and said—
" No ! no !"

The Learned BAnom told theM their duty was to consult to.
gether till they were all agreed, and then the. foreman should
announce the opinion of the whole, by saying guilty or not
guilty, as their opinion might be. •
• The• Jury having again consulted together for near a quarter
of an hour, said that they were now all agreed, and that they
found the prisoner Guilty • and that the difficulty before was,
that one of the Jury was deaf, and had made a mistake.
The Learned BARON Observed, that the practice of the
thieves now, was not to accompany the stolen property, but to
send it by one of the quick travelling. coaches, to be left at some
place a little way out of London, and there to be found some
hours after by a-confederate, and be by him sent by some other
coach in a different direction to be disposed of. His Lordship
sentenced the prisoner to be transported for seven years.

CIVIL SIDE.
(Before 111 r. Justice BUR ROUGH.)
LOCK 7'. VIGGO'''.

• This was an action for the :.egligent driving of a post-chaise
by the defendant's servant, whereby the plaintiff's gig -was
damaged. It possessed no public interest, anti after an abun-
tlance ol'eonflicting evidence, the Jury found a verdict foi the
plaintiff, with 41. damages. • -•- - •
• Mr. CHITTY appeared as Counsel inan ejectment case, liav_
ing been specially retained for that purpose.