The Sun.
London, England, 1822-09-20 00:00:00

OLI BAILEY.

Yesterday, Pete' Henry Neele was indicted for stealing two
handkerchiefs, the Property of Samuel M'Clary.
The handkerchiefs were stolen while the prosecutor was
riding on the back seat of the Paddington stage. Verdict—
Guilty.
James Moore and Nicholas Moore were indicted for a bur-
glary in the house of W. H Southwell, Seething-lane.
Mi. Southwell has a residence at Islington. On the 21st of
July, he left that house secured ; returning about dusk, he
found his house bad been entered and a number df articles ab-
stracted.
Both prisoners were apprehended on the 22d, and the pro-
perty was found on the person of James Moore, the son of
the other prisoner. The boy did not know what was in the
bundle. The father came up, and claimed the bundle.
Mr. Southwell identified some of the property. Verdict—
Guilty of stealing, but not of house breaking and entering.
Mr. Justice BEST—The boy has been led into the crime by
his father, and if he could provide for him, he would willingly
do so. The boy had just returned from sea, where he had
served on board Mr. Fox's yacht.
Mr. Sheriff Venables promised to provide for the boy, and
on that account Mr. Justice Best said his punishment should
be merely nominal.
James Moore was again indicted for breaking into the house
of Jaiaes Napier, and stealing four silver spoons and other
property.
The theft took place on the 21st of July, and the prosecutor
got back his property from the prisoner's wife.
The capital part of the charge was departed from. Verdict—
Guilty, but not of entering the dwelling-house.
Thomas Howis surrendered to take his trial for stealing a
promissory-note for 101. 10s., the property of Mr. Alexander
Walker.
Ann Walker is wife to A. Walker, Warrant Officer in his
Majesty's service. On the 29th of December last, she being
tenant to the prisoner, offered him his rent, but he would not
deduct the land-tax. The note was laid down in place of the
receipt, the prisoner snatched it up. She did not prosecute
him before, because she hoped he would return the note.
Catharine Johnstone saw the bill of exchange in the hands of
the prisoner.
Ann Walker, daughter of the prosecutor, saw the note. It
was granted by a man of property ; she had no doubt it would
be paid.
Mark Rurtington also saw the note in the hand of the pri-
soner. Was present when the note was taken by Howis. Saw
the note drawn out ; could not write, but put his mark to the
note. Had arrested Howis for money previous to this affair of
the note.
Mr. ANDTtEws took an exception to the terms of the indict-
ment. The note was about the person of the prosecutors, and
thus had not the protection of the dwelling-house.
DEFENCE.—The prosecutors had combined to go from place
to place and swear against him, till they either hung or trans-
ported him. This arose from malice.
Mr. Justice BEST thought there was ground for a civil ac-
tion, but none for a felony. If, however, the prisoner had the
note, he had better return it.
The prisoner—" So help him God!" never had the note.
He was acquitted.
Thomas Gordon for assaulting W. Clark, on the 22d August,
and taking from him on the King's highway a watch, chain and
seals, value 21.
The prosecutor was walking with his wife, the prisoner
jostled him, took the watch and ran off, crying, " stop thief !"
Followed the prisoner, who was never out of his sight but one
moment in turning; the chain was broken, and the seals found
where the watch was taken.
Cross-examined.—lt was a little dark, but he could see the
face of the prisoner, and speak positively as to his dress. Had
got worse pushes, such as the counsel or his wife might have
got many times.
Robert Cockley picked up the seals.
Mr. Page stopped the prisoner and took him into custody.
Prisoner was detained while they were calling stop thief.
Mr. Justice BEST summed up the evidence. Guilty--
I Death.

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Wm. ..,tilton was indicted for assaulting Thomas Davis, a
youth, and taking property from him on the highway.
The prosecutor was in Great Queen-street, Lincoln's-inn-
fields, on the 13th of August ; was struck down, and the
bundle was dragged from him ; does not know the prisoner.
Mary Davis, mother of the prosecutor, was near ; saw no-
thing done to him ; but heard him cry, " I have lost my
bundle."--Officer brought him the bundle.
The Constable.—The prisoner was brought to the Watch-
house by the Officer (Crawley) on the 12th of August. Pri-
soner had been taken.
Barwell saw him take the bundle from the boy. The boy
was on the ground, and they snatched the bundle from him.
The boy and mother cried " Stop thief !" and he stopped pri-
soner accordingly.—ldentified the prisoner.
Mary Davis had the things to wash ; she identified them.
Barwell cross-examined.—The prisoner was the same who
took the bundle ; said Davis was his brother.
• Defence.—The prisoner's master, a shoemaker, and some
other persons, gave him a good character, and that he had ne-
ver been in prison.—Verdict, Guilty—Death.
Mr. WONTNER, after sentence had been passed, said that
the prisoner had been in Newgate before. This the prisoner
denied, and the roll of confinements being examined, it was
found that there was a doubt whether it was not his brother ;
upon this the Jury recommended him to mercy.
Eleanor Smith and Mary Lowe were indicted for stealing a
parcel of silk, the property of Abraham Jones, from the house
of W. Mitchell.
Hanah Jones lives in St. Leonard's, Shoreditch ; went into
a public-house where the bundle was taken possession of by
the prisoners; they refused to give it up. Waters, the Officer,
apprehended them.
P. J. Mason saw Smith come out with the bundle, and hand
it to Lowe.
Waters, the Officer, found them quarrelling, and the prose-
cutrix complaining.
The Judge departed from the capital part of the charge.
Verdict— Smith Guilty ; but Mary Lowe not.
Lowe left the Bar crying.
John Brown was indicted for stealing, in the dwelling-house
of William Morgan, two shirts and other articles, the property
of John Carey, value above 40s. Verdict, Guilty—Death.
Joseph Moore, a boy of 14, was indicted for stealing sixteen
dolls, value 15s. lid., the property of his master, James Hunt.
He carried the dolls out in a basket, for sale, and when
found three days after, he had sold them and kept the money.
Verdict—Guilty under the Act passed last Session for more
effectually punishing fraudulent Clerks and Apprentices.
PERJURY.
Edmund Burke was put to the bar on an indictment charg-
ing him with having committed gross and wilful perjury at the
Justice Hall, in the Old Bailey, on the 3d of July last.
It will be recollected that the prisoner appeared as a witness
on the trial of his brother, Tobias Burke, for bigamy, he hav-
ing in 1815, married Miss Mary Butler, of Cashel, his former
wife being still living. On that occasion the prisoner swore
that he was at Mr. Butler's on the day the marriage was sworn
to have been solemnised, and that no such ceremony took place ;
that his brother was so intoxicated as not to know what he was
doing ; and that he never gave his brother away in marriage to
Miss Butler. In consequence of what took place on that occa-
sion, Mr. Justice Holroyd, who heard the case, committed the
prisoner to Newgate.
Messrs. ALLEY and BRODERICK conducted the case for the
prosecution, and Mr. Cifas. Pliter.tes, the defence.
Julia Butler was the daughter of James Butler, of Cashel,
Ireland ; witness had a sister, Mary, who was married to Tobias
Burke, the brother of the prisoner, in June, 1815, who was
tried in this Court last July, for bigamy ; the prisoner was pre-
sent at the marriage, and gave his brother away ; the ceremony
was performed by a Catholic Priest.
Cross-examined.--Witness came to this country in May last.
She was about 19 years of age, but could not say exactly. The
marriage took place in June, 1815. She was born in the month
of August, but could not say on what day. Would not swear
that she was not 21 in August. •The family dined at 5 o'clock,
shortly after which the marriage was solemnized. Did not
think the Priest dined with the family. Witness could not say
how long after dinner it was before the marriage took place.
The company had not drank much before the Priest came.
Witness went to bed about ten o'clock. The marriage took
place before she retired to rest. There was no other festival on
the occasion than what took place in the family. Her sister
Eliza, Mrs. Conlan, another sister, her father (since dead), her
brother-in-law, Mr. Carney, the prisoner, A cousin, and Mrs.
Stapylton, were present at the marriage. The witness came
forward to give her evidence with the greatest reluctance. Be-
lieved a claim had been made for the expences of herself and
her sister of 3001. since May last. The witness was a servant
to her mother. Wine and punch were drank after dinner. She
was certain the marriage took place before she went to bed.
She had never seen Tobias Burke at church before- the mar-
riage. She had seen him after at mass. She knew him but a
short time before the marriage. She did not know how long
her sister had been acquainted with the prisoner's brother,
Tobias.
Re-examined.—Did not wish or expect any reward farther
than her expences, and now came forward with the greatest
reluctance.
'Eliza Butler corroborated the testimony of her sister, and
swore positively that the prisoner gave his brother away:
Mr. ALLEY said this closed the case for the prosecution.
Mr..Piatnnips addressed the Jury at some length. He
complained that Mr. Alley had,not. kept his pledge to produce
the wife of Tobias Burke. In fact the Counsel for the prose-
cution had confuted themselves to calling no more witnesses

than prescribed by and one of whom could oral ~b •
been 12 or 13 years of age at the time: He dwelt on the isaT„
sion that 3001. was expected, and called on the Jury to W
well the relative situations of the parties, and to give the rid
soner the benefit of any doubt. hit d
The RECORDER summed up the evidence to the Jul,
found the prisoner—Guilty.
The Court was crowded during the whole of the trial, Iw>'l43.
did not close until a quarter past 11 o'clock.
The RECORDER immediately sentenced.the prisoner W
imprisoned six months, and then transported for seven yea"'