The Sun.
London, England, 1809-12-08 00:00:00

bta ii, ,:_itin.

Li irk REPOItT.

toURT 'OF KING'S BENCq.

:THURSDAY, pECEISiftER 7.
Carl Wheld was capitally indicted' for 'st‘,sling
in the dwelling Loaseof John -Smith, in ilte I`..lmo=
nes, a Bank of England note fur the payment of
1001.,the pfoperty of Griffiths Henson,
The prosecutor is a GrruSn, and Captain Of ,a
trading vessel from Bremen, to 'London; and the' pri •
sorer is a native of the same country, a surgeon by
profession, 'and had aEted in that capacity for several
voyages with the prosecutor. The, circumstances
of the case, as detailed in evidence, were as folloiv :
On the,-423dni NoveMber last, the prosecutor receiv-
ed a-1001. Bank note, front the lionse of Messrs.

vECEMBER

,
TrIE RING V. THE MOST firOBLF ALEXANDER DUKE
OF, GORDON.
This
.cause being the first ort the list of Toe-Sdar,
was called on iti.tnediately on the Sittingsbt
Lordship; nine special Jtfryttie.o attended; and there
being ditficOltypn the part of the proSeCutian - to
prose aright to pray a tides,
.• ,
The ATTriaNEY-GENERAL said he wonll relieiT6
them, and pray a tales 'himself on behalf of the lie;,
fendant ; a tales ;was prayed, accordingly; and the
Jury made up and sworn.

,Prescott and Co.. which he deposited in the."dr'er'
of a dressing table at his lodgings. The pt ironer had
been in the habit, since his arrival in England, of
calling daily on. the prosecutor', for -instruaions rela-
tive to die ensiling Voyage; Abour, welve 'o7clt,ck
on the daofretitioned in the indictment, he called,
23 usual, but.the prosecutor not being at home, he
was sheen into his apartments to wait his arrival
not coming, however, in'any reasonable time, 'he
went away,. and promised to call next morning., In
the. course f the ,evening the prosecutor returned
and
.misSed'his property fret)) the drawer.. He made
'every inquiry, Out could' not discover any traces of
it. Suspicion at length fell on the prisoner, who did
not call ,the next morning ,in pursuance of his pro-
mise, anda warrant wa, obtairied4Or his apprehen-
sion. The Shadwell Police Officers ascertained that
a' 1001. note had' been paid by a foreigner tinsweiing
the description. "of the prisOner, to a watchmaker,
wmed Sharpe, for a watch value 31. who received
the-chkinge, the day after the t'oblaery wa's commit-
ed, which watch was afterwards tracedlo a.pawn-
'broker's shop in ilieMinaries,where it was aiscipledged
by a foreigner answering the prisoner's description,
for 5 OS: •

Mr.;),A,rtGeßy opened the pleadings w Erich Stat'cd
that this Was an indiament preferred. at ,The
stanceofSarah the wife of: Thomas Mraite, against
the Most Noble Alexander Duhe Of Gordon, ch
tre-
ing him with an aisault, with an attempt to commit
a rape upon • Another count was fora cot: mon
assault, to which the Defendant had pleaded 1114
GUilty, whereupon issue was Joined.
- Mr. PARK opened the case on-the-part of the pia:
seeution nearly as follows
" May it please'your tordship;—Gentlethen of
the Jury—lt very seldom happens to me to conduct
prosecutions of a criminal nature' in this place. In
another part of the kingdom (the Northern Circuir)
where it does sometimes devol es niion me, ii.is .
my cnnstant, course, and if any Gentkruen, are pre:.
sent whet have witnessed it, they .can vouch tr.; Ore
truth of what I say, rather to Under-rate than to over,
the case, when I have to opt n one of a criminA
nature; I shall follow, the same course on the pre-.
sent-occasion; I shall barely state the
I ant instru6led I shall be able by evidence to' prove;
antli shall then leave it to the Judge and. Jury
,to
draw their own conclusion. That has been invari-
.
ably my praCtice. I. shall make no -difference in

Mr. Sharpe proved the identity of the prisoner,. the present case fioin that praelite, on account of.
for-whom he said he changed•a tool-. note, deduCt- the • rank or situation of the parties on either side ;•
ing 51. for the watch which he. purchased.. shall barely relates the fans as they are dis.elosed to
The pawnbroker also swore
.that the prisoner me, and having doue. so, I shall endeavour to-oh=
pawned the watch in question with hips. . i viate two or three objeEtions which I onderstand to
The only link of the chain -of evidence that was -be intended to be made to this prosecution. 'Gen;
deficient-, was the proof with respei t. to the identity Alemen, lhe..Prosecntrix of this itidiatnent is Sarah
Of the-note, as to its being the same paid by Messrs. 41" Waite, the wife of Thomas Waite. She is in a low
Prescott and Co. to the prosecUtor. - This ciehein- situation of lifee her husband 'a
journeyman car.
stake was occasioned-by the neglect to subpoena the i penter ; and When the subjea of, thk proiectition
clerk 'who paid ie. took !-lace, she was the domestic servant of Lady '
The prisoaer left his defence to his counsel. Two Margaret Stanley,- and, what I- apprehend, to
or to ee respectable foreigners bore testimony to his sotnewhatin favour of the charaaer. of this *Nonfat);
charaCta4,. in .the warmest terms ofapprobation. i is, that she had-lived five-years with that. Lady.
The jury renirnen a, verdiet of Guilty, without the year 4808, when the transaction upon. which'
hesitation---. Death- this indictment was, founded took place; Lady Stan;
Mary Sullivan,. and Mary Fitzhenril, two Cy i ley had gone out of town for that-part of the year „
,
-
y y
prim hymplis„ were indieted for• stealing'ool.sp Which it was her,custorn enju in the coantr
ri-
vatelv from theoperson of- a Jew, -.pawed Sarncel on which occasion she left: the care of her Whole
house; a splendid one, in Norfolk-weet, Hyde-park
Barhett, on the 13;b- of November last,- at a house
of ill-tante, in Sr. Giles's.. The Prosecutor, hi' Pmsecutrix'' thereby 'she wing
siderable 'degree of 'confidence in E'er integrity., nod
ever, preVaricated so scandalously in his evidence,
.t n
found 114‘e prisoners—Not Guilty:.
that the Contt Teje6ted hisoestintoby, end, the jury which tends.to skew, titer she had maintained
Irreproachable life. On going -into.: the countrayti,
Harriet Collins., a woman' ot the town, was ckpi- Lady Margaret „Stanley wis desirous or dhiiig that'
tally indieted for stealing in the dwelling-house Of which many • persons of distineti.on are in the habit
Patrick Donnelly a 401 Bank of Loveland oote, the of doing, that, of letting their houses to -some pet-,.
property of a yson of distinction diet tug their stay- in.:.the country,
tiong woman, named Elizbeth a jll.
net The 'fgt of the rObbery ci was etirly proved,
. The Duke of Gordon ettak.it, entered upon
bei the proprietorship Of the hous'e by l'a:riCk Don- copied it ontil Lhe 2d Of May, a day to which I de-
sire you, Gentlemen, to direct your attention: Hit
nelly. not being made out to the satisfeetien of the
C urt, the Prisoner was found 11:2'11.1y-of larceny, •to
whom I hay-. •
Grace of Goodor is a. t hot
only. i" the honour of knowing; hut I understand 'him to
have .attained the age ot sixty years,- and that he haq
not, for a considerable- time,: lived
Duchess. He took this house of Lady Mariearet
Stanley, and went to reside there about the f 2. 31-of
March.' It may be said that there is something Sin- '
gular in the conduct of -his Grace of Gordon in this'
matter, if 'he be actually guilty, for it could hardly
be supposed that a, man of his rank, 'Olat'acter-,
and age,, would` make an attempt
,of an
,indecent
nature: Ido not know how it vl4ll torn •oot the
evidence in this case, but I am afraid that the an, ,
pals. of Courts- of .Justice;, and the history ot man-
kind, has convinced all those. who are.but teleraVy
well acquainted with either, - that the age of -sixty ,
perhaps. severity, is. but an, indifferent security, iri
spine cases, against these attempts being made. On
'the 23d of March, the Duke being resident in the
.house .of Lady Margaret, he manites,ed his dispo,-
sition towards this woman, who was the seri-aet of
Lady Margaret; his Grace had.a footman, of the
name of Fleming, and by command of his Grace.
that footman came out to this woman, and told het*
that the Duke desired she would go into the reourt
where his Graee was, and shot the window-shutters
She -said she had nothing to do with shutting the
window-shutters e that his Grace had servants of his-
own, and that they ought to do-it ; she would riot,
for that she was the servant df Lady Margaret e but
thePukeinsisted that she- should,and caused her-to be•
so told. She obeyed; came into the room where Ms
Grace was.- fle -spoke to -her; asked her I,vliether
she was a. town or a country girl ? She said she
came .from•the country. His Grace was drinking
wine. He asked her to drink a glass of wine; she
dechied, it, saying she never drank any.. His GraCC
•
insisted Qtt her taking a glass; pohred it oho ,and
made her take it. That was all that happened then.
Two or three days afterwaids she-went on the same
occasion of shutting the shutters, -by thesaMe cbru-
mand -of the Duke, conveyed.- to -her by another
servant of Grace., who,said he would have it s.o.
When she entered, the Mite-spoke to her, laying;
ce Come here, here are .some nice apples,-hake a
few.' She -declined ;- he offered her wint;; the
said; it was quite iyr;iroper for her to drink wihe wi!h:
his Grace; it eoded in her taking some frue. TWo
or three nights after. this, Fleming came for lief. main,
soeing ii Grace insisted on lit r coming to shot the—
window-shutters.' She came into the -room. Whert.A.
his accosted her, •et,d itrsiste.d .on kissing tier;
„she.objee'iect. She was alien jtist on the 4-_.ve of he
ing' married to' a person tnearer her own 'age; and
therefore if any person should be induced-to suspett'
that this woman was inclined to faVour the wishes of
the Duke, he would desire them to consider that
she had then the•prosped of having her inclinations.
gratified with a person of, her own, ale, ant/ likely; to •
belniore cangenial eo her wislits than any thinp. she
Might hope from the Duke. However, the-Duke-
shpt a 'piece of money into her-hand,: and said to
• her, " buy a gown: with that." If she were to ash
Me, my opioion, .I should say, there is no •money
yhafever that she ought to take from, any body,
Who had in view such an cihjeat, hol,v6TO'r firmly she
might be determined not tr gh*way. to it. How-

Tnesdar, just as Mr. Skelton, of Stanhope-street,, I
Chre-market, atiihei,rl florist and feather manufac-
turer, had returned !r.rnefroin strvingon a jury, 'ar •
We'sin-,inster,lllall, he cropped down 6ltddeilly and'
iintnediately expired.
MtLANCHOLY ACCIDENT.,---.Mopd'cly as Mrs.
Geary, bread and biscuit baker, orkiamtnerstnith, .
was g some 'bees-vtax and` turrntine; .to co-
" lour her piano torte, it • caught 'fire, and she. was so
dreadfully burnt that she is since dead.
s On F,A,,yilasi a case of novelty and importance
cattle before tht.t.Coitrt of Arches, Doaors Gammons,.
on the admission of arr article, in which it appeared
that a Kempe, of Calvinistic principles, had
promoted a charge against the. Rev. Mr. 'Wicks, a
hlvviul Minister of the established Church of Eng-
land, on the • ground of refusing to' bury a child,
which had'been baptized by a Dissenting Minister,
when the' Court; after hearing the Learned Civilians
at considerable fength, postponed the further disctis-
. sign of it till he next Court, day. •
..On the 18th of October, in consequence of a dis-
pute•the preceding day .on board the American fri-
gate, .Essex, of Nurfolk, in Virginia, a meeting took

place,,bet ween Dr. RAY and Mr:VORHEES, of that
ship. It Was settled by the seconds, that the prin-
cipals should take their ground at eight paces from
each other, and exchange one fire, ai,d than it the
event of its proving inetle?:,:tual, they should each ad-
vance three paces and decide the affair :with the
sword. Mr. V. fell at the first fire, and soon ex-
pired..

SMITHFIELD Nkit.;,l4:ET, •Dte. 8. •
This day's Market was wpl supplied with different
kinds of Cattle ;- Beef and Veal support last prices;
Mutton and Pork are somewhat cheaper and the
trade in general was middling.--The sales in the
ijay Market •were trifling ; Straw has droPped in
price since Monday's' Markel ; Hay and Clover
fetched last prices.—The undermentioned prices and
numbers are.an.accurate statement ;

To sink'the 011.r1 per stone of glb.
Beel4s. od. to ss. od. Mutton 45., od: to ss. od. Vcal ss.
6d. to 7s. cd. rod( Ss. od. to 6s od. •
I!:,asts Sheep 4,76g.--Calves tgo.--Pigs 270.
, SMITHFIELD HAYMARKET.. •

H:y 21..a5. cd. to 61. os. cd. Straw 11. los. ods to li. as.
ocl; CloVer sl. os. Oct, to 61: tot. od.

Cores-EXCHAI,;GE, DEC. B.—tl'here is a middling
supply of Wheat to-day; and the trade for second and
ordinary (1611 salt, and rather lower ; Rye ;
Barley in demand; and full as dear ; Malt and White
Pease also.; scarce any (..41ey Pease; Old Beans of
.
the two kinds dearer ; -new LICKS 40s. to 445. per
citiarter ; Oats in tolerable supply and lower, large
arrivals being- expectudi Flour remains at late
pees.

, .
Wheat -78 s a.95s a toss c Tick Beans (01d) 52S a 5.7 s
Vine ditto - - tuSs a it is Oats -.-
.255 a 3os a 346
Rye - - , sos a 54s Poland ditto -36 s a 39s
Barley' -- . . 50s a.- 56's Potatoe chirp - • 41a a -a
_lsila.lt -- - -78 s a
,•t'.6s • Rape Seed .- - • 461 a 521
White Pease , , 765 a S6a ' 11.1 f; Floizg ..! 90s a 95$
Grey ditto- - - -56 s a 602 Su.cml4".. - Sss' ass
kicaas (old) . 62s 4 6Si

i. may be, he. tt,eatti io a- ;woe-, in her haQ,
since he said, " buy a gown with it-;" for'a gown is
not to be bought fora shilling. On the day in ques-
tion, she was ordered to go into tie room.e-I ought
to state to y.ou, that on every one of these occa-
sions, this woman, who the Duke wished to se-
duce, as it seems. told he person she was about to
marry, how the else stood ; saying, "that these at-
tacks up(;,, her were iooisa,reeable to her, that she
should leave the house." Her intended was alarm-
ed lest the house should bps left; -she was about five
orsix and t eenty, and her intended ,much about the
same age; he advised her to stay, and obsented,
that as she had a great deal of strengili, she might
struggle effeetuaily against the Doke, should he at-
tempt to take any. improper liberties with her, and
consequent ly she staid ; on, the 2d of May, the' Duke
sent a similar order for her to.come to shut the shut-
ters of tile window. - Ste carne into the room, and
inadvertently-left the door (seen. He asked her to
t Ike a glass of wine. Site reftised. He placed him-
self between her and the door, and asked-her it she
had bought the gown I No,
,she said, He asked
her to kiss him. She 'refused. He said, " then I
will kiss you." She refused to.let him, take a kiss.
He then put his hand to her bosom, and was some-
' vThat still more indelicate, which was, the more
ciffensne to her . since she had been married the day
before.' She resisted, and lie adstanced no further.
Theseete the facts which I am itistruated I shall
be able to prove, arid on which. the question
.will
' turn; Nov-, I have been here long enough to know
and to feel (I state it most unaffectedly), that I can-
..not suppose that either his Lordship or you will, in
the close of his-case, be of opinion, that his coticlutt
demonstrated an intent to commit a rage ; but I
Lave no doubt, that if this statement be true (and I
have no reason to 'doubt it), that he did commit an
indecent assault on this woman : that I think lie
did, and I think you will be of opinion that I do
not state it emtairi against toe Duke. Be thought,.
I have no.doubt, that this woman was to he won by
these presents which he was offering to her, and lie
hoped that thereby he should have eccompliscied the
object of his wishes—he hoped that by gifts he
Should prevail upon her to commit with him that
fault which seemed to be the objea of his desire ;
but I cannot bringlmy mind to assent to the propo-
sition, that- he wished to commit a felony on her
person. Ido not state that he made any alt: mpt to
commie that crime,•hecause my mind does hot come
tie to. t hat idea. But although he did not attempt to
commit a capital offence, still, it, the fads betas I
have oated tteen, and as I am instructed I shall he
able to prove them, this was, at all events, an-indee.
ewe attempt, on the_ part of the Duke of 'Gordon, to
assault this ewring woman. Soon after, that
about a fortnight atter it, she op need the door of the
room where his Grace uoeally sat ;•she thought be
was out; he canto into the room, and said lie was
going •to Bath ; he took her round the waist, and
asked her *by she was so shy ; and why she was'
so unwiliing to comply wits' his wishes.
I shall now state tile reason why thie indiament
was not tried sooner. in the mouth of• May, .1808,
this assault was committed; thia indictment was
sent to Hicks's Hall in April, 1809, and was to
have been -tried at the last Sittings 'after Trinity
Term e but; on account of the illness of the Prose,
cutrix,Was.pat off; but that wee not done until the
Court were perfeCtiy setsfieci, upon the.testimony of
a physician; that she was really ill. The- reason
why the indictment was not pretei red sooner is, that
the Duke, sow) after the event, went to Scotland,
and the Prosecutrix did not know that they could.
have preferred an indictment against any body for a
crime committed in it, although he might be out of.
the itit.gd(:rn, at the tithe of preferring the bill.
shell call the sv•itnesses to prove the case, and if they
prove it- to your saitsaetion, it will be your duty,
and however .4nrrti it may be to you, lam sure
you will performit, to pronounce the Defendant
guilty.
Sarah Waite called, but did not appear.
Mr., ATTORNEY-GENE.RAL.—" My Lord, I Nava
no objection logo on to the next cause to give them
au oeportunity of finding their witness, if your Lord-
ship pleases, and they wish it ; so little am I inclined
to catch at a verdict by slip or surprize."
Mr. PARK. —"I have no doubt she is in the Cof-
fee-hotise.-e-Call her again." 1
The officer called the name aloud in the Hall ; she
did not answer.—At last, Mr. Butler, the attorney
for the prosecution, who had been out looking fer
the prosecutrix, returned. -
Mr. ArrORNEYeGENE.IIAI,—" Whereis the- Pro-
secutrix
A. " Not to be found: I saw them all last night,
but not-this morning."
Mr. PAltii.—" I declare, upon my honour, that
had L known she was not here, I would not on any
account have opened the case."
Mr.-ATTORNEY-GENERAL—" This is most infa-
mous; this woman is the most profligate strumpet
that ever exiSted.e she was told that the man she
married was a married man at the time ; his own
wife Came. and told her so, and after that, she • had
Lad the infamous impudeetVt to marry hiM, and the
still greater impudence to call him her husband."
After a few observations from Lord arias:to-
toneu, and the witness..not 'appearing, the Jury
found the Defendant—Nat,Guilty. •
In about twenty minutes, afterwards, and in the
middle of another cause, the attorney came in, and
said that the witness was now male.
The ATTORNEY-GENERAL said, he consented to
• wave the acquittal, and go into the merits of the case
upon another trial.
Mr: GAl6ow said, this was the climax of infamy
to give to tlie case an air of mistake, when the
fad was, that the prosecutrix dared not chew her
face in Court.
Mr. PARK felt 'hurt that he had been imposed
-upon to open the case, upon an assurance that the
witness was ready to support it; had he known she
was not, no power upon e9rth would have induced
him to open it.
Lord ELLENBOROUGI3 said, the party had no pre.st
fence for saying they were surprised,
.for the cause
bed been appointed several days ago, for this very
day ; it was the first in the list of the day, and well
' known to be so ; it had been disposed of by due
course of law, and he could not take any further ju-
dicial notice of it.