The Sun.
London, England, 1807-07-31 00:00:00

HOME CIRCUIT.

MAIDSTONE, Viti)NE.SUAY, JULY 29.
LING V. COPLI;:fiI'ONV.. •
On-ail?ndahce Juiymen.
Whin the above cause wag called tin, which WM
. ,
A 3peciAl July cause, only four Gentlemen, out of The
t w le., had been sultunoned. appeared. The Chief
J • mice took occasion tt; °Wet-, e, that . the enls of
jti u•ere vary` tre'qtai•htlydis.appointecl hy the tio9-
attendonee of the Gent.tthieh of the ev.,uhty who
were situnnoned to appear on the speekii juries; and
he,vrisiici it" to be 'publicly understood throughout
the ,tny, that the CoOrt wood 'be untlor the• ne.;
cos.& ty, howertr uttpledsant it would be; •to .; resort
to ateashres to compel atteridatice; if this system of
neglect wai persevered in. .• • ,

•LII3I L.
' SIIIRWOOD V lIENSTEAD;
This case' arose out of the one which, wo.reporteti
yestetday. in'whiCh Baren'Hompeschgave evidetiCe
.he Mid-sent the Plaintiff a horsewhiP as "an al-
terative medicine for his wife.
Mr. Gesaaaw stated, his Learned Friend, Mr.
EsrttsAsse, in opening the case, had merely told
'them, that this'was an action fora libel on the Plain—
tiff; he lia,l,not even glanced at the contents of it,
and he had done most wisely ; for it was so foul and
intamous to its nature, that with that resped which
ought to-be preserved to the Court, the Jury, 'nay,
even to the meanest person in the hearing of his
voice, it could not be 'Publicly stated. Those who
bad heard the conduct'of the cause in its' earliest
stages, had felt it was too obscene to have all' parts
of it inserted in the Record; notwithstanding which,
..he was sure the Jury would take,t he whole into their
consideration when they caMe, to measure out their
damages; he did not accnse, the Defendant of ling
the author of the libel ; nay, more, he knew he Kean
not the author .of it; but that did not extenuate
his crime. A great. maxi had well described
the condut of the publisher or the libel of
.another. One scoundrel, said he,. (alludir% to,
certain writings which tended to unsettle lbe
opinions of men in the most material points, of
faith) has charged the blunderbuss-against religion
and morality, but b,:ing,too great a coward to set it
°fiche has •given as great a scoundrel as himself a
crown to pull the trigger., Such was the conduct of
the prisent Defendant He was content to publish
the foul and filthy libel written by another, and
such a composition that • nu. English Gentleman
would ever have condescended to have written.
lie had been offered repeatedly, that if he would
give tip the 'miller, all proceedings against
should cease, and he nosvagain publicly'lliade the
tame
,trifer.---thar if he would give up the author,
Whom they vh cii *new, 'his -client would now may
his proceedings, and•even pay all the costs already
incurred, though they did not amount to a Anita
sum, :as his onlyWialywas to punish the maliguant
author.
Mr. Serjeant Bur :interposed, and after a short
.conterence,' in which we lutsume the author. waf.
di:woven'. • - •

• ilir:Chattow turned round, and told the• Jury he
wow ct r 1 ut to.rtheil• bcing diiptlargetl;: wilitout
giOirig 4tiy -vrrdk4 .in, this Caw; which was accord--

.CRiMINAL SU)E.
me mit Lk; ,4,%411 0)140W.
giore
,kretierick
.17161)41 47ent was' indieted t'ers
jitirs;oraly to the,lniuse of John CroWburii; tind `stud-
• .tpg therein shoes iiriii leather of the value of 4Qs.
. o w :Was
kiPtin
-,eitled, \vim proved the less-Of the thingi stolen ';
but Ins evidence Aid not go to'shew that this theft
803$ i:onimitted in the night, inasmuch as it Was
diy-light when he
.got. up and missed
.his property.
the Prisoneryheie 'Stated tothe'Court, that tie tioer
ititended to deny the lie bad stOlen the articles, htit
that he 'was tiil coed 'hy the 'ute.ency of his wants,
having a Wile and tour 'Children, who were de,titute
of food, himself being lineally bare=foot, and noable
to procure enniii4nientirot their Maintenance.
The Learned Judge inaddresSink the Jury, observ-
e(); that in order to couvid• the Prisoner capitally, it
Was.t4i'setitial that it should appear that the house was
iiniered in the night time, or that thi).
Jury should find" that the pi opyrty was sttil.:ti.jh t!,(4
tivVellitiz-liouse to the value cat 4us. In this case tiie
Prowenien 'had not proved ealivr, and with regard
to the :h-islrMiCei Ct,/1114.03, the clefixtt. 13 these re-•
slu yliqe'lsymu means supplied.
The :tiny accOrdingly tonud hint guilty of stealing
to the valutk,of :;9s. in th,e
The ;/91.:';irt)(1 Judge; 011 pas,ing, sentence; v.!.
I:narke4l, that be chuttl now regard a evil Inca' u which
be ha4'recVnied tliethaplain of the Gaul, who
lsaa, in all tespeets, confirmed the account the Kr-
loner tad 6huo ut 114 'itiuttcssd'aductoun whet ho
committed the crimti Of Own he had been con..
vi6ted, and wI olsadalso attested his exemplary Our
duet wiale in confinement. He thertfore was in-
duced to pass a lenient sentence upnit 4. that
be should be imprisoned and kept to hardiabourfor
tWeiVlt 111041111$, ' • •

A, Case of Cruelty tent little inferior to that prac-:
tised by a soldier, • in North-roW,Park-street, some
time since, :st as on Wednesday exhibited Jagainsf
Wirdred NIA, who resides in Marlborough-row,
in the ueightiourhood of'Carnitby Marlm, for ;ail..
Inanity to Vo girl-seven years of age,: her step-daugh-
ter. Che prosecution was laudably undertaken by
the Parish ()dims of st. James's. The' following
• iestatement of the case as' given in evidence
The aighbourii is thestrcet where thilt Defendant
resided," had for several hours on Tuesday been dis-
ttirbed by the fregttent cries and mournings of a
child, and at 'length some of them wire led to the
spot from whence the alarm proceeded. On look-
ing through the crevices of the-deur; the little girl
• watt, discovered fastened by the hauls .and feet to a
bQtt.post by a cord, weeping hitterly, and half
finished with hunger. She bad been a captive in
this situation upwards of Sit hours, the unnatural
step-mother having gone that tinie from home, and
left her in that On:atoll. The neighbours could not.
fOrce an entrance, and they ptecured son bread,
and put it under 'the bottom' of' the , dour, but the
child could not get it within its atixiotas : Clu
rettirn of the Defendant, the child was' released
I her captivity, and the offender' was taken into
east Ody. bine' wits coituTtit red for trial.

\I
.1 a • • .1114,Ce. C.41,0,41A, 1 •

YAIDAY,. JtU., Y.;7..
John Doyle mid 'l'/somas Were indicSte.d,for
the murder of Andrea/ KOtii, oti the tli I),!c'ern-
ber, Fro, and the iiiiitttnent chirged Poor illeany
fled tiiiirder-byjsho.)iing' the
deceased—that john-Vbyte Was 'present' aiding aitci
assisting at the tact; and that Thontas Fenton procured
the murder:to be coinmitted. "
Mr. M` N A i,LY, tiXe the Prisoners,. 'ap)lied that
they might he.separatety tried, 'which t.he•Court
di-
relt Sand Jnliti Myle wat, put tpan his ti iat.
• Mr. Itina4wAy, tOr the Crown, staled the vase
at so oe.iengtti, and to, tk occasion, to ob.serve upon
the aggrivaced enormity a
of, th.t, dritne, as ariSine,frum
and being connected .vitlt futil conic d,:itaCy._which
into4ed and', d!sgraCed the,countk of (;allow---
which framed laws against. t he' alienat iba, of 'Winded
property, and ;tiforreci-obi:dience fo those' laws by
the ternis o>t asiaSst‘iatiOn.. The infatuated rilebets

.
of Such conspiracies were 'never' coutaueed of the
thiSchiel of their sebetnes until they were arraigned
at the .tlaT ofa- Couri of-Justice, where punikinbent,
'wrier tollowed.tht! proof (4 their guilt, shcwed the
people that the law, held out equal proteaitin to toe
rights of the,proprinor of 'landed estates .and to the
pcas'ant .Who his wile with poultry, 'eggs, ahct
yarn to market. ,The inhabitants. ere-bringing down
'upon themselves a wretched tyra. anyt oppiesSl,ollA
when they aite,i.pted to frame "capriekts, rules or
the otanagernent and -distribution at prov•rty, and,to
enforce them at Jim poti!of death. :Nader several
`obseritations of tilt) nature, atiTstating the eireual--
staticetutirchi eh would 'appea J. 4
.4,:v id% ncr., the leatned
Counsel concluded N ttli hoping,that,all such cpnte'-
' cleracie would' be extirtgniShe.l„ and the, county re-
• deemed from the stigma.which had heett cast upturit,
Elizabeth Kelly, examined by Mr.. Br..A.catutNe.,..
deposed, that 'she. is the wniow of the, mate A...Kktlyi;
her husband %Irak a laromer, at hl lived
where he held some land under Mr. Kinidiela—
b.
Doyle and 'l:dialon also held ware land adjouting, •
'under the same laiullOrd.,,—Alltheir leases were to
expire in the latter end eft
,18.05, and each treated
for renewal of their taro, but Mr. K. refuied
treat with 1) or Fenton, and oiicied their pans
to herhaioanti, who, otter some time, Concluded ohs
an agreetnentfor a lease of the ,whole. Notices were
i:ten posted up, signed lioy7e and 46! Chit.
dren,' threatening to destroy the property and take
the •On the night of -tire 11th Dec,.
1805, nparty came to lietiliustilnd's house between
twetve and one' o'clock, knocked violently 'at the
door, called for Kelly, and tiesire.d turn to open the
doorbe gut out of bed and went to. the door,
which he refused to open—but while speaking a slat
fit•AlthrOugha space at the jamb Of the door; .
her hushand received the coutc•in in his breast, and
instantly fell the door was broke in, and leuiper:-
sons (altered, one of whom was Peter Meatty, who
tiad gone to try illiesWas:dead. then openedhis
shirt, and examined.the wound ; he tihnt sWere he
hild settled him. Meany then Wade witbess get him
2 drink of milk, which she did, and whilst ,41e
doing so, she law the Prisoner :Doyle,. .wito was a ;
smith by trade, standing at the dour whit a sle.tg'
in his hand—it was 'moon-tight, and she saw him
distintily—;the rest of the party bad' lighted candles
to search for the leases, which they 'said Kelly had
&oF, at the latidsthey then ast;ed witness tor' the
le.res,lnstatitly upon .conilrig ; but she told then,l,
Lio Ead.none. •

'•'CatlieriodKelly,. daughter of the decei4ed. corro-
borated this Jiistiniont, and swore positively that
Doyle WO at the door at the time of the murder.
'Michael Kelly— 'and' N,rick Kelly, brothers of the
deceased, proved th:it each of them had a rst-
tiorrwith respeEting the land, a week or a fort-
nignt bet the murder; iit which he's Wore. that it
A. Kelly atrempted to take the 'ground " he should
soli sorrow for it,
All these witnesaes were cross-examined, with a
view to shew they were incredible, 'or that the two
first iilight,bo mistaken as to the identity of the Pri,
soot"., •

The sister and the mother-in law of the Prisoner
were then exiiinined to prove an alibi ; they both
ttwol.'e that the Prisoner slept at home the whole of the
*ilea the murder Was entrunitted ; that -they were
:men:ling a sick child, and' that ''the Prisoner could
not go out 'unknown to thein..Upon crotis-examina-•
lion, they varied. in their testimony ; one said the
family went to bect, and Slept part of the 'night, .but
the Other laid they all„. except the' Prisoner, at up
the
,entire

Lord Chia Justice Dowtfita recapitulated the evi-
defige to the Jtiry, who were (C) determine tipen. the
credit of. the witnesses. The Jury retired for AboUt
ten ininutes,,and bawd the Prisoner Guilty.
The ettizi Jurricts, in a very solemn and itnpret!..
sive ma n tier, pronounced sentence of death.

The Prisoner Was coneh afteaed at hearing that his
body was ,to be di sacted,'and'eagerly solicited that it
alight be given to his friend,. ' - •
Upon the next day T. For/oA's trial cat e.on F it
Wreck several heirs, and after tiicJury haadeliberat.
oid.Aconsitkrabre time they found him Nat Citsiiis.

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