The Sun.
London, England, 1813-07-23 00:00:00

OLD BAI LEY.

Yesterday James Joseph AA ftnd
fltilph, were indicted for stealing silks to the va,
lue of 441, and upwards, the property of 'Messrs.
Grant and Co. Cheaps;;le.
It appeared in evidence, that the prisoner
Young sveitt to the shop of the prosecutors on the
2:ith of June, represented himself to be a show,
keeper at Alban,,, and ordered the goods in
question. The prisoner was very particular in
the deduction of the discount 'foe ready .money,
the goods 1,1-ere sent with a bill of purceht, ac-
cording to his order, to the Cross Keys, St. John-
street. .The porter ,who. took the goods found
the prisnuer ?t the gateway of the inns and they
went Alto the parlottr, where the prisoner called
.for rain and water, The story of
,Young was,
, that his wife bad a party 'up stairs, and his horse
and chaise stood in the yard. The'porter had not
.parted with possession of the property when the
prisoner amused him with this story, but: shortly
after Molloy, made his appearance, and the pri7.
sotto. Young described him as ltis servant, and
;s,eot him up stairs w;ili the gods and the hill of
p ivcels, stating, that woo,' send down
amount at the bill. After akw minutes had
elapsed, Arming aifeeted surprise that his Servant
was so long gone, but he attrihitted it to wife,
being- closely 'engaged with sonic frkods, nil he
left the mops to fetch the money, lint neither ever
rettwned, and tht: porter was left with the: rum and
water to pay, and in possession of the receipt,—
The goods were' afterwards found at Yottlq't,
lod4ings. Ralph Wag aCtialttCti, nu evidettO
ing beers advanced against him, but the other two
were convicted.
Badeock, Brady, antlifill, the former of whom
was convicted on S;tnrday, for uttering lovged
check for 501. Qn the banking -house of Robot rs,
Curti', and Cu. oar) the tWo otheys of a toisdeinea-
iiipminselliog, aiding, and abating
the. "id Wilcock to commit felony, were brought
hp to h'. it the decision of the J mikes" on points of
Ltw, oo two oh.leetions talien by the Conma for
the tiriorstric,
Itte .nett 't sat t't:tmoti p Pt om's
Ch...;,ittbm on .'Wetlttesthly
Wliettwr Riehardlson, who' bad been traos-
ported for tz.wiett yetirtit, tt-1(1 Ittd been twiee
for temppritry escapes W 413 3 etilapetesst,
vies, he not,; having .IC;erved his time 0.14., fri; e two
Judgel, BATI.Wi anti GifinS. were of opinion tie:A
itieburdson laving been punished for the cs:o •
pes„

nd having- been regniarly clisc:lll.irgcd at. t1,:.1
ation of ilk P,t-.-ntence, he %VAS reStOredto ,OCitty.
The Pac,,t),, adanssed the pEisone-rs, t2')t.l
nformed th.ein, that therJudges had met athi ile-
iberated o the objections 'taken, and they were
mann-n(111;1y of opinion as to Richardsons coin-
ietencv as a witness ; and that. Ilili was. also an

accessiiry before the fact
Badcoek and 'Brady, who lo.d received sentence
of death at a former session, v: ere taken from the
Dock, when Hill was asked, " Why sentence of
death strould nut be passed upon
The prisoner, by Counsel, pleaded the benefit
of the Statute, not having' received the nenelit of
clergy at any former period..
Mr: .f...;uttvEY tiled iccounter plea, which stated
that the prisoner had formerly been transported
by sentence of dna Court, and had taken the be-
nefit of clergy. The indictment on which lit-was
convicted, on the '_';till; of October, in the 35th
year of the reign of the 'present Kling, w then
put in and read. The prisoner had'heen convict-
ed, and received sentence of transportation for an
assault, with intent to rob Wm. Spice.
The RicortnEE bete obsereed, that the prisoner
had taken the benefit of clergy. When asked "what
he had to say, why he should not receive judg-
ment to (tie uccording. to law," and he was not
entitled to (hi so again.
The Counsel for the prisoner then denied that
he was the man so convicted.
The prisoner was.then put on his trial,-.and the
fact of his having been convicted forleiony.. and
Sentenced to transportation -in October, 17-'A,
proved by Mr. Kirby, the Clerk of the. Papers,
and by a 'introit: of Bow-street, who took him
inn) custody: The witnesses, swore to the identity-
of the prisoier, and after retiring they', found him
guilty.
Mr. Seejeant PELL, Messrs.ALLEY and POOLE?,
proceeded on the point of law. Mr. Seijeant
Fproduced the Act of the itb of Geo. 11. cap.
21. which he contended expressly poiwe : out the
punishment to the crime of which tile prisoner
liad been formerly convicted. .The Learned Ser
jeaut then read the Act, whkh enacts, that from
and after the first of May, 1/3-1, Whiasoevershall,
with any offensive weapon or instrument, unlaw,
fully and maliciously make an 'assault, or shall, by
meatus or in or by any manner, demand money,
goods, or chattels; of or. frOm any person -or per-
sons, with a felonious intent, that such constitut,
edrobbery, upon such rrson .or persons, that
then end in such cases, or in every case, a person
or persons so offending, being thereof lawfully
convicted, shall he adjudged guilty ot felony ; and
every such offender and offenders shall be subject
and liable to be transported, as in cases of felony,
for the term of seven years.
Mr. Serjeant PELL contended, that the word-
ing'of the latter part of the Act,- created,punish-
merit for the offence. That part of the clause
which declared the offence to be felony, annexed
the speCific punishment to it iu the following. sen-
tence, " and every such offender, &e," The,
Learned Counsel continued, that if the dime had
stopped at the words " guilty of felony," be
should hoe coneeived such to have been a clergy.
able felony, but.there mass coupled to it a spetitic
A. nil" 'nip of.
fence was created by the Statute, and punishment
was annexed.
The ItEcoanEa observed, be had no doubt of'
the prisoner having formerly received benefit of
clergy, but as'the objection had been made, be
would lay it before the Privy Council, On present-
lug the Report, but for himself he had overruled

it. •
-Sallie (lay the Iteeordet paiscd _sentence on. the
folltiwing.prispners, •
Charles Wheyler, 'lose:tt NfOse, David tlosittili, Mury
loney and Jktnes Smith, to he transporfed for life,---461111
Ilopgood, .lieury.Dale, and Ann Arnett, for 1,1
Jones, James Alittold, Sarah I)evritig, Ellr.abeth Beadle,'
Thomas Ni)!isitery, 'flumes Jeffery, 'Mary
• Clarlc,,lohti 'Whale, Ann. Jenningx, Sttototali Green, Penja-
:min Willis, ‘Villiant Kemp, 'Thomas Sargent, Anti Itiwe,
ykeinun,Thonjai Upcott, ;tames Voting, Josql) 11101-
Loy, ‘Villiato Fear, Charlotte May, Niary. Baker alias Cathe-
rine 15.1‘Cinley, mint IT hinnas Coventry, fur? years.
tour Hera tentented to he infpriotted in iliellonse of Cor-
rect;est Clerkettwell for 2years— for one year titidl). fur
6 c:ilenticr inon‘hs car.:.h-5 to he imprisqled ill Nctivgittv for
Various rriods,,-7 to be ptthliely and 3 privit!Lely
ritsiiited-14 were fined le, each and
eltargeit-,and were discharged by prociilMiltiOn.

Yesterday, about twelve o'clock, John Itagen,
a lad of 13 or 14 years, was apparently &Owned
while bathing near the Strand Bridge : he Wal
under water about ten Minutes, rescued by some
watermen, and restored to animation by the means
recomtnended by the ,llumaue ,Society. It is la-
mentable that none of the many accidents that
have occurrol at this particularly dange'rons place
have become lessons of prudence to bathers.
On the morning of the 30th tilt. at Barnard-
castle, Sarah, wife of Joseph Walker, was found
on. the floor, with her throat cut from ear to ear.
She had for some time been in It state of lunacy,
.and had been left in bed, apparently tali' asleep,
only for about a, quarter of an hour, by her son
and daughter, who, on returning discovered their
mother in the above horrible sittiatipn. 'What is
very remarkable, slier had caught the nobt part of
her blood in a pot, which she had placed oarefuliv
under the bed.

Leicester, Loughborough, and the intermedi ite
villages, Scer visited on the 9th inst. between four
aril five O'CAOCk in the, afternoon, with due most
awful antt-tre.mendouS thunder and lightning ever
hefore kw ti ly) the oldest inhabitants. At Lei
cester, one thud was killed and ;mother 'sirttelf.
.blind. At Longhborongh,, the: witid‘Ws were
shook in a most alarming manner,. a feW brickS
were knocked. off from the top of a airuney, and
,
Mr. Bridgett, the gardener, who, 111011 g With two
of 1110 taco, had talio,ll OleltCr Pauli: a lied in his
garden,., were all instnutaneansly struck.' down,
froi4 the- effects, of a tire ball, which fell about
half dozen yards from them, and quite: enve-
loped . them, 'for the moment, iii fire and ,smoke,
pre them, At liirstall,
but did . not.Otberwise
five lambs, which were sheltering under an oak
tree, wereAiMed, 4nd`alsd a carrion CIOW, Willett
happened to have perched in the said tree! And
at Rothley,,the rain literally fell in torrents ; hail
alto fell to such a n extraordinary degree, that
ajar the stout was flyer, it was found lying in
Sotne places four .or five inches deep : the injury
dt.ruc to the fruit is very considerable.