The Sun.
London, England, 1823-07-24 00:00:00

ASSIZE INTELLIGENCE.

CROYDON, TUESDAY, Juti,Y 22.
• CROWN SIDE.
Thomas Furrage was indicted for assaulting Elizabeth Lud.
gate, on the King's highway, at Croydon, on the 24th April,
putting her in fear, and stealing from her a basket, containing
some trifling articles of wearing-apparel.
The prisoner, upon the arraignment, pleaded guilty, after
being repeatedly urged to take the chance of a trial. It appear-
ed, that since the robbery, the prosecutrix had died, as was
supposed, in consequence of the fright which the attack upon
her had occasioned.
Mr. Serjeant ONsLow, after looking into the depositions,
was of opinion that there were no circumstances of violence
which would warrant him in passing the sentence of death ; and
as there was strong reason to believe that the prisoner had com-
mitted the robbery under the pressure of want, he should re-
commend a commutation of his punishment from death to
twelve months imprisonment and hard labour in the house of
correction.
hayfield Hobbs was Indicted for a similar offence in robbing
Joanna Townley Scott, at Lambeth, on the Bth of July, and
stealing from her person a reticule, containing a sovereign and
other monies. This prisoner also pletuied guilty. Judgment
of death was recorded, but. the Learned Judge said he would
recommend a commutation of the sentence to transportation for
life, there being no circumstances of violence disclosed upon
the 'depositions.

CA3IBRIDGE„-TuzsDaY, JULY 22.
Chief Justice ABBOTT and Mr. Sergeant 130SANQUET
arrived here yesterday evening. They this morning attended
divine service in St. Mary's Church. They then proceeded to
dispatch the business of the Assizes. The former presides in
the Civil, the latter in the Criminal Court. Nothing of any
public interest occurred during the day. The calendar is un.
commonly, light. There are but lb prisoners. for trial; and
none of their offences are of an aggravated nature.
The bill against Mr. Jephson has been found by the Grand
Jury. His trial, which excites much interest bete, comes on
too-none w.

LEIWORTIIY V. VANDER3IVELER.
Mr. STORKES stated this to be an action brought by the
Rev. Mr. Leiworthy, to recover 110/. for expellees paid by the
plaintiff for the burial of the defendant's father. The defend-
ant Was the nephew of the plaintiff's wife, and at his particular
request his father, who died at Aston, in this county, was con-
veyed to St. Alban's, and there buried. The deceased had died
insolvent; and to prevent unnecessary expence, and in com-
pliance with a Wish expressed by him Aston,
his death-bed, it was
originally intended to bury him at but this intention
was yielded to the desire of the defendant to have his father bu-
ried at St. Alban's, where he had a family vault, and with suit-
able pomp, he undertaking to defray the expendincurred-
The funeral had been conducted cis a very expensive scale : it
-amounted to the sum above-stated, and which had been paid
to the respective claimants by the Rev. Mr. Leiworthy. This
account the defendant now refused to discharge, pleading that
he was not liable.
In support of this statement the following witnesses were
called :
Miss Eve Vandermueler, sister of -the defendant, who de-
posed that her fathr died on the 17th of ..September, at Aston.
His effects were barely Sufficient to pay his debts. Iler father

was to have been buried at Aston ; he was, however, buried at
St. Alban's; in consequence of her brother desiring it, and
agreeing to pay the expenses. Her brother directed. Mr.
lieiworthy to invite different persons, and gave also other .di-
rections. _

Cross-examined by Mr. Coo PEit.---Tiad not objected to any
of these arrangeMents. AR the expences of the funeral have
been paid by Mr. Leiworthy. [Two papers were here put
Into thii witness's hands, and s to was asked , whether she
knew the hand-writing.] The &it, she said, was Mr. Lei-
worthy's writing ; the account contained in the second paper
was the hand-writing of witness ; the letter annexed to the
account was in Leiworthy's hand-writing. lier father had
lived many years at St. Alban's. Several of his ancestors were
buried in a family vault there. Never heard her father ex-
preis where he would wish to be buried. Was executrix to
her father's will, which she had. proved. :Mr. Story, at St.
Alban's, was her father's agent, and used to collect his rents.
Was not ever in expectation of obtaining a large sum from the
will of her father. Did not now expect to receive any money.
William Haddington was clerk to Mr. Thrower,,an under-
taker, residing in this town. They had buried the defendant's
father, for which he had received of slr. Leiworthy 78/. 6s. 2d.,
being the amount of Mr. Thrower's bill ter the funeral.
Mei Pryor proved having furnished the hearse, for which be
had been paid 391.25. by Mr. Leiw9rtliy.
Mr. COOPER, for the defendant. observed, that the principal
witness to sustain this cause was Miss Vandermueler, but the
papers which he should produce in evidence would prove, that
Mr. Leiworthy had not paid towards the funeral one farthing
out of his own pocket. It was true that Mr. Leiworthy had
paid the bills for the funeral, which had been proved in evi-
dence, but it was not true that he had paid them out of his own
pocket. They would be surprised to hear that he had paid
them only as agent to the executrix ; and that these very amounts
she, in her statement rendered, takes credit for, as paid out of
the estate. This he should prove; and yet the plaintiff had the
audacity to come into this court, and say he had paid them out
of his own pocket.
The papers were put in and read.—The first was an account
of Mr. Story's, in which he had debited himself for the monies
he had received of the deceased's tenants, and credited himself
for what he had paid at Sc. Alban's on account of the funeral.
A receipt for the balance was appended in the hand-writing of
the plaintiff; as agent to the executrix. The second contained
a statement, in the hand-Writing of Miss Vandermueler, of the
monies she had paid as the executrix of her father. Among
other items were 78/. Os. 2d. paid to Mr. Thrower, and 39/. 2a.
paid to Mr. Pryor; both on account of the funeral.
After Mr. STORKES had been heard in reply, the Judge
summed up the evidence.
The Jury, without hesitation, returned their verdict for the
defendant.

YORK, illoxnaytJtar 21.
CRIMINAL INFORMATION.--THE KING V. NOWELX.•
This was a Criminal Information filed against the defendant,
upon the affidavit of Mr. Wilson, for having written him (Mr.
Wilson) a malicious letter, tending to a breach of the peace, by
provoking him to fight a duel:
Mr. SCARLETT stated the case for the prosecution. The
Learned Gentleman said that the parties in this cause
were near nzighbotirs, living_ in the same part of the West
Riding of the 'County of York, and in the intercourse of
society had become acquainted with each other. The
defendant was a gentleman, who having served in India
in a military capacity, and acquired a considerable fortilbe
there, returned to. England, to make it his 'future residence.;--
From his letters it would appear that he not only brought back
a fortune from India, but also a considerable portion of that
East' India independence which was not congenial to the feel-
ings of renglistiglen, and with regard to which in this countrj,
the lei of die UM cast round persons and property protec-
tion Which made punishment the consequence of an attack
upon either. MO% ilson WAS fornierlyanAttorney Of Southwark,
and having acquired considerable ptoperty, became a Magistrate
of the \Vest Riding. The defendant having been niuch attached
to the stnnsements of the field, amongst the rest, Shooting, aP,
, plied forpermissiOin to shoot on ti certain manor belonging,
,its he
understood, to the. Duke of Detonshire.. from some acci-
dental circumstance, this application was unsuccessful, and he
applied a second time, in another quarter, for the privilege
of shooting on the manor of Orassington, and was equally un-
successful.' Mr. Wilson had no other view than die wish to
facilitate the object of the defendant in obtaining some manor
td i;ratify lull desire for Shooting, and in furtherance ut. that
object, in consequence of his previous diaappointments, reconi-
mended him to apply to Mr. Heber, Member for Oxford, who,
jointly with another gentleman, Possessed the manor of Hun-
t ington,, fn the vicinity of that city. After some time, Mr.
Wilson had been given to understand by a Mr. Robinson, a re.
lation of the defendant, that the defendant had abandoned
and given up the idea of applying to Mr. Heber, in con-
sequence of a letter written to Win by a lady to that effect.--
Having for some time intended to apply for a similar per.
Mission for himself,,he seized upon the opportunity of the
defendant's abandoning his intention to apply--applied for
himself and Succeeded. ThiS circumstance le to a correspond-
ence' which founded ' the ground work of the criminal informa-
tion being tiled. After Settle arj;uments upon the righti pos.
sessed by Lords Of' Manors, the Learned Gentleman concluded
by saying, that be. would eave the Jury to form their opinion
upon the subject, by the.;character of the letters, which they
would hear read. 111 r. Scittlett, in the course of his statement,
alluded to several letters written by the defendant, chiefly re-
lating to some amicable arrangements about manors, but the
two which will be seen below, ferns the basis of the present in.
formation.

Mr. Wilson, who filed the information, was then called anti
examined—He proved the receipt of the letters and the hand:
writing of the defendant. Ile positively denied having seen the
slightest provocation given to the defendant. On the contrary,
he always showed every disposition,
knowing the defendant
was fond of shooting, to afford him every facility his grounds
Promised the defendant that he would
permission to shoot in one of
his manors; is positive he never asked Mr. Heber for the de.
apply
yd
foral l oht.n t 1-0 1 e
Alr. neverll eber for
potation of a manor for the defendant, but always promised the
fullest permission to enjoy sport on any manor of his. So sur-
prised was he at receiving the defendant's first, letter upon the
subject, that he immediately wrote him an answer, disclaiming
all knowledge of the transaction, and expressing his surprise at
the defendant's conduct.
The following letters were then put in and read :
Linton, August 13, 113422
Sta—lf, after your conduct in the matter of the manor of
Hamlin ton; if, after commencing, apparently in feelings of
the kindest nature, in coonniseration almost for the
disappoint.ment which I had met with in regard to the manor of ComstOn,
ending in treachery, in your obtaining for yourself that which
you had spontaneously suggested us a resource in my distress.
and without Solicitation or dictation on ray part, undertaken
to obtain for me what I could without such interference have
obtained for myself. I repeat, if, after conduct such as this,
it would be possible for me to be astonished at
any von.
duct of `gout_,_ the communication made to me Yesterday by.
your tenant Daggett, whose word is truth, who tame up to me
when I was shooting on Mr. Walker's allotment, to inform me
that he was appointed by you to watch it, and prevent my shoot•
ing there, would really beyond measure have eitrprista me._
(The letter proceeded then to describe some other arrange-
ments respecting this manor, and went on to say)—After this I
'was compelled to believe of you what I had Often heard, and,
in my mind, as often had resisted, that you were not to be de-
pended upon; the manor, however, was too inconsiderable, if
I could suppress my feelings at such conduct, to quarrel about,
and I 'went no farther in the matter than with great modera-
tion to expostulate with you on the occasion. Now the thing
can no longer stand still—now, when, in addition, among Gen-
tlemen, to the flagrant instance of Hartlinkton, in the very
teeth, too, of your note bL fore it.---.(Th4 writer. then dilates upon
other treatthent he has endured front Mr. 'Wrlson, of which he
strongly complains.)
Linton, August 15,1622.
Sir—On my return home yesterday evening, I tiara your
note of yesterday, in reply to my letter of the 13th. Your
note, Sir, when I recollect who the author ia, I confess to you,
does not appear to me in the least extraordinary, and its ter.
mination, after telling a broad and direct untruth. in ,
. respect to
Ilartlington manor, " that you never bad. an Idea of asking
it for me," arcs entirely evading any thing like an answer
to my charges. In respect to your conduct on A ppletre-
wick Moor, one is pleased to observe is, however,, unex-
pectedly marked by truth and sincerity ; I most i
niplicitly
believe you ; I do not desire either any further acqiiaint-
ance or correspondence. yoo have not, however, done
with me yet-it it be any 'surprise that you byre so long
escaped with impunity, the natural 'consequence of the
mean, the base acts, of which I know you have been guilty,

do not for a_ moment (latter yoUrself that you are to escape
frontme; for the commission of offences of comparative in-
nocenee, without full atonement. YOu must, Sir, now at .my
bidding, procure for me, or relinquish in my favour, that which
before you, under,the mask of friendship, without
•a necessity
on my part, undertook t 6 procure fur me, but which you, never-
timeless procured for yourself...(lle then imperatively pointed
out the deputati6n of Ilartlington, which he demanded, with, a
prohibition against the plaintilfand faniily from shooting there.)
The letter then went on thus :-1 most sincerely recommend
the prompt and strict obserVance of both these conditions"; for
by Heavens, amt.' speak it With that candour and sincerity
which you mug know mark the charaeter of a soldier, which
ypu, probablye know mark my character; and: if you fail in
either, I will personally insult you, wherever I meet you, at
whatever distance of time you, etc.
Mr. Wilson was .cross-examined at great length by Mr.
13nouaitam, with the view of making hint admit, that he had
said to Mrs. Atkinfion and Robinson, female relatives of the
defendant, that on thepretence of going to apply for the depu-
tation of the manor to Mr. Heber, far Mr. Nowell, he had ap-
plied for himself and succeeded. The constant answer of the
witness was, that as he, did not recollect he would not swear
that he had not said so. lie positively disclaimed the thought
of having.ever given any orders to his gamekeeper t. 6 prevent
Mr. Nowell Elam shooting upon this manor. He gave general
orders, but with p.O intention that they should be enforced

Mr. Bitoootra at addressed the Jury for the defendant.—
He commenced by toying that he lamented any cause of diffir-
ence should have arisen between 'two such respectable men;
but whatever was the conduct of Wilson it was clear that
the defendant would never haie written such letters as those
which were read, unless he conceived that he had received
strong ground of provocation: It was evident that Mr. Nowell
thought he had been grossly ill‘treated by Mr. Wilson's apply-
ing for the deputation of a manor, apparently. for hint (Mr.
Nowell), but really for himself, as the fact of its afterwards
becoming his, proved, The Learned Gentleman ..then cont.
mented upon the cross-examination of Mr. Wilson, which, he
remarked, was a singular example of the frailty of his me-
mory, as to a fact upon which he ought to have been prepar-
ed to give a distinct and positive answer. Had he ventured to
deny that he had told Mrs. Robinson or Mrs. Atkinson; that
in going to apply for the manor for Mr. Heber, he had actually
applied for himself, he knew that these 'ladies were in Court,
and could give evidence that would contradict him. lie there-
fore escaped from a contradiction by the expressive words, " I
don't recollect," which resounded in his (Mr. B.'S) ears like
those which lie had heard from a foreigner, and in a foreign
tongue, about three years ago (alluding, we suppose, to.the
Nor. tni ricordo of Majocci on the Queen's trial.) This strange
testimony of Mr. Wilson reminded him of Mr. Fox's illus.:
tration of the same mode of answering, when used elsewhere
by a great personage, and Upon an important occasion (itllud.,
ing we suppose to Lord Melville's). This great personage when
asked on the occasion alluded to, whether he had not applied
specific sums of money which he had in his hands for a
purpose, to his Private use, answered that " he could not re-
collect having'done so." Upon this Mr. Fox remarked, that if
a man had been asked whether or not he had seen John a Kith'
five years ago he might very safely. and without any impeach-
ment of his testimony say, " I don't reColleet;' but if the
qUestion were," did John a Knox ever kick you through the
door for attempting to pick his pockets,".What would they, think
of the. man who said he had no recollection of the transaction
Now he did not mean to apply this as en illttattation of any
thing said by Mr. Wilson ; but still lie must say that he ex-
hibited some frailty.and a seive-like memory, a sort et instru-
ment which covered a certain number of things, and omitted
another number which occurred at another time, tint all of
which °net to be equally
.Inapresaed on his memory. The
, Learned Gentlettian then eipatiated with great ability upon the,
singtqar metnory of Mr. Wilson, with reference to the trans-
' action with the defendant; and, asked the Jury if they could
believe that Mr. -NoWell had written the letters which they
had heard read, without being sttonglY impressed with the in-
fluence of ill treatment from Mr. Wilson., He called upon
-then!, bet/ire they pronounced a verdict of " guilty" upon. the
defendant, not to forget the evanescent, memory exhibited by.
Mr. Wilson in his cross:examination.

•
•
, .
111 r. Jtlstice BAYi.EY in charging the Jury, said, that the
simple question for their consideration was, whether the defend-
ant had written the letters, because his having received provo-
cation was no legal justification for writing threatening letters:
The Jury immediately returned a verdict of Guilty.
It was once or twice intimated by Mr. Justice Bayley to Mr.
Brougham, that it might be better to submit the matter to set-
tlement., Mr. Brougham said he could not accede to his Lord-
ship's suggestion, as his client was not in town.