The Sun.
London, England, 1824-08-12 00:00:00

ROBBERY AND ATTEMPT TO MURDER.

Morris Can:A/yid and John White were put to the bar,
charged with having on the night of the Bth of March, broken
and entered the toll-house between Wakefield anti Leeds, and
stolen therefrom upwards of M. in bank notes and silver, a
silver watch, a ring, six silver teaspoons, and other articles,
the property of Edward Ellice.
Mr. MAUDE, with whom was Mr. ALDERSON, stated the
case to the Jury.
Maria Ellice examined by Mr. ALDERSON—My husband
and I keep the Newton toll-gate; I remember the night of the
Bth of March ; I sat by the fire, and was going to get the Bible
to read, when I heard some person call °' gate;" I opened the
dour and had just put my head through, when some person
struck me in the face ; I strove to shut the door, when three or
four men rushed in; one knocked me on my face on the floor,
and beat me very much on the head and body • I called out to
my husband, and said, " Edward, they're killing me ;" I then
heard them emptying the t;ay-box, in which we keep the day's
they put the money on the table; I heard them break a
glass which contained.the saver spoons, and heard the spoons •
ringing; this glass was in the parlour, where we kept the
monthly money-box
_; I saw two men take the bag which con-
tained the money; there was a silver watch hanging up, which
they took, and also six .silver spoons; there were a good many
half-crowns in the box; after I had been lying on the floor for
some time some one lifted me up by the hair, and threw me
down behind the door, with my head against the clock ; the
men had round jackets on, like those worn by the prisoners; I
cannot speak to the persons of the men ; I was kept on the floor
by one of the men.
Cross-examined by Mr. ALEXANDER—T believe my hus-
band was asleep; 1 generally sit up till about twelve or one
o'clock.

Edward Ellice, examined by Mr. AlaunE.—l beard in
wife go the door on the night in question. The next thing I
heard was a cry of " Edward, they're killing me." I sat up
in bed, when two men seized me by the neck. They dragged
me off the bed, but I got on my feet on the ground, and struck
at them with my left hand ; and drove them hack against the
parlour-door ; I then only saw the two men who attacked me.
The prisoners at the bar are the men ; I am sure of it ; I had
seen M. White at different times before. Mr. Ward, the road-
surveyor, brought him and others up to my house two or three
times to pay them their wages; White then worked on the
road, under Mr. Ward ; one of the men got me by the neck,
and the other by the legs, and they threw me on the floor;
they jumped on me, and pois'd (kicked) me with their feet,
until I despaired of my lite. When they were kicking me, I
heard some persons in the parlour, where the money.box was
kept ; the prisoners never left me ; I could not see where my
wife was at that time ; i was cut over the eye, and on the nose
(chewing the marks), and I had two ribs broken ; my wife pro-
cured assistance, and I was carried to my bed, where I was
confined three weeks befbrc I could rise without assistance; I
was 13 weeks before I could attend to my business ; I had
upwards of 851. on the night in question ; I used to pay my
money to Mr. 3. Ward, of Bradford ; he used to come to me
once a month ; they took away upwards of 851. and some
silver; I can't say how much ; there were two W. notes; ten
guinea notes, and about 45 small notes.- In one purse there
was upwards of 681., of which 101. was in half-crowns ; there
was one 5/. note in it ; it was pinned to two guinea notes ; the
prisoner Campfield had on a dark jacket on the night of the
robbery.
Jerry Dawn said, on the Otis March, I saw the prisoners, and
two men named Connolly and Fitzpatrick, come down the
road ; I asked them where they were going ? they said they
were going to Wakefield to get a watch repaired, and that
when they came back, if they had a shilling or sixpence to
spare, they'd treat me to a quart of ale or two ; they all four
came back in three quarters of an hour ; they went into the
Union pnblic-hoose, and I followed them ; this was between
five and six in the evening. I remained with them until about
half-past eight. During that time, I answered for three quarts
of alb for them, and they had a quart before I came in ; the
asked niteitto parfOrehretrquarte tar them and sald therwonl4--
treat ma resat time t .I.hee went away, and saw them no snore
that night's know tt was on the nth of March, a* the nest
morning I heard of this robbery.
George Smith examined—Michael White lodges in my fa-
ther's house, in Sandy-lane, between Wakefield and !Judders.
field ; the last time I saw him was the 9th of March ; he did
not sleep at home on the night before ; on the Sunday before I
saw him and the other prisont^r with Fitzpatrick and 'rim Co-
nollv, a very tall man ; they were all standing talking togethet ;
on the Monday morning, White set out fur Wakefield, with the
other three men ; he came home on Tuesday morning, at
nearly six o'clock ; he took his shirt and stockings and was go-
ing away ; I followed him' lie said he was going to Hudders-
field, and would return in about a week ; the tall man, and the
prisoner Campfield were with him; he gave no previous inti-
mation of his being about to leave.
Jane Robinson said, Morris Campfield had lodged at her
house for nine or ten weeks before the Bth of March ; Michael
White lodged next door ; Campfield went from her house
about eight. o'clock on the morning of the Bth of March ; he
came hack between twelve and one o'clock at night ; Michael
White, and another bit man, came back with him • they
were brown velveteen jackets, and went away the following
morning.

Similar evidence was given respecting Connolly and Fitz-
patrick. Several persons were alio called, all of whom proved
that the prisoners, accompanied by the two other men, called
at their houses after the robbery had been committed ; they
drank some ale, and.at one of the houses one of them changed
a 51. note, which had been stolen from the toll-house, and he
had also in his possession a quantity of half-crowns.

Cropley, the constable of Littleborough, took the prisoners
and other man into custody ; witness took Campfield and
other; a constable named Stott took White and the tall
man ; on the road the tall man made his escape ; witness
searched them, but found no money; he had not then heard of
this robbery; they might have had money without his finding
it ; he took them on suspicion of another robbery.
John Stott, another constable, assisted in taking the pri-
soners ; White gave his name Thomas'
Doyle, and Campheld
gave his John M‘Grains. The others gave their names Mi-
chael Kinnesly and. Jonathan Collins. The tall man escaped
on the road. They were put into the lock-up house all nigh
and next day taken before the Magistrate. Doyle (Sihite
paid a half-crown for some beer; M'Grains (Campfield) ha
some silver in a cap, perhaps lbs. or 20s, They were com-
mitted to Manchester Gaol.

- Derbyshire, a turnkey, fbund sa. on White, and on
Cempfield It. (is. 6d. in hair-crowns and shillings.
Mr. J. Wiseman produced the five-pound note received from
Mr. Marsland.

Mr. Shepherd, the gaoler of the Castle, at York, remem.
bered going to Manchester with the prosecutor, about the latter
end of April. The prisoners, who were then in the, New Rai.
ley, were sent for; there were five prisoners in a room together
when prosecutor first looked at them ; lie afterwards saw the
same persons among about fifty prisoners in the yard, and he
immediately pointed out the prisoners at the bar, as the men
who had ill used him ; he was quite positive as to their being
the men. •
The prisoner 'White said, the witness Browne had deposed
to knowing him two years, whereas it was only 12 Months last
Friday since he left Ireland ; he protested his innocence of the
robbery. The prisoner Campfield also strongly protested his
innocence.

Mr. ALEXANDER said, It now became his duty to offer to
his Lordship one or two objections to the form of the indict-
ment. With respect to the breaking, he meant not to offer
any observations upon it, as it had been ruled by_Mr. Justice
Park, that obtaining admission by artifice was sufficient to con-
stitute a breaking and entering. But he maintained that the
ownership of the house in question was not properly laid in the
indictment. The prosecutor was a servant receiving weekly
wages, paid no rent, and might be turned. out at a moment's
notice.
__ _

Air. Baron H ULLOCK read over his notes of this part of the
prosecutor's evidence.

Cllr. 4.I.ExAND-i•:a. proceeded : He cited 1 Leech, c. 1018,
which states that " If servants or agents reside in that capacity.
the house, if broken into, cannot be laid as their property. If
public offices, in which public servants reside. be broken into
—such, for instance, as Chelsea or Somerset House—the pro.
perty must be laid as the King's 1 Leach, c. 324." The same
applies to corporations and public bodies. There was a case
in the books, which made in tome Measure, the other way t
but as it was a chse between a Lessor and Lessee, he con.
ceived it did not apply, in as much all the prosecutor could

not be looked upon as a lessee. 31r. Ward, he submitted,
was the lessee under the trustees, and. the property
ought to
hare been laid as his.
Air. Baron 11 u Ltdocir overruled the objection, observing that
the Judges had recently' decided the other way; but observed,
that if any thing turned upon it, the prisoners should bare the
benefit of it.--31r. Baron llut.Locr. summed up the case, and
the Jury, after retiring for a few moments, returned a verdict
of Guilty against both the prisoners, and the Learned Judge
passed sentence of Death upon them.

31AIDSTONE, AUGUST 11.
GPM. SIDE.--THE XING v. LAIWNS.
This was an information at the instance of the Board of Cus-
toms, against the defendant, for assaulting and obstructing a
seaman named White, of the Ramifies, engaged in the Smug-
gling Preventive Service.
Five Learned Counsel (four being silk gowns) were engaged
for the prosecution. The defendant appeared In person, with-
out Counsel. It appeared front the statement of White, the
principal witness, that on the morning of the 19th August last,
lie was on duty near the bathing machines at Dover, and about
ten o'clock he saw several men go down to the beach and walk
up to their middles in the water, and fish up six iw eight half-
ankers of foreign brandy. He followed ttwn, but in his pro-
gress he was stopped by the defendant, who seized. him round
'the middle and hove him down. Soma other men kept
hint down, whilst the smugglers.walked;•lolF7wlth their load.
After struggling some minutes, he got loos lid overtook one
tof the smugglers, and drawing hls cutlaf>r compelled him to
run, leaving two half-ankers -behind, Which he seized and de-
livered at the Custom-house. These were the circumstances of
the case.

The defendant said nothing in answer to the charge, and he
was found Guilty.

SMITIIETT V. STUAUT.

This was an action upon the Cinque-Ports Pilot Act, to re-
cover penalties against the defendant for refusing to take on
board a licensed pilot to naYigate a vessel, of which hc was the
master, up the Thames.
Mr. sergeant TADDY and Mr. PLATT conducted the plain-
tiff s case, and Mr. Mmt al-AT and Mt. ADOLPHUS the de.
fondant's.

The defendant was master and part owner of a trader'from
Calais to London, of the burden of 70 tons. By the Cinque-
Ports Pilot Act, 52 Geo. 111., vessels coming from foreign
parts arc bound to take on board one of the pilots duly licensed
under that statute, under a penalty not less than 201., and not
exceeding 501., except coasters, and persons who are residents
of any of the Cinque-Ports. It was proved that the defendant
had arrived near Dover from Calais in April, 1823, when a
Cinque-Ports pilot, named Gibbs, put off and tendered his ser-
vices, which were refused, on the ground that the defendant
was a resident housekeeper in the town of Dover. The ques-
tion in the case was, whether, in point of fact, the defendant
was a resident of Dover within the meaning of the Act. It ap.
peered that he had been many years an inhabitant of Dover,
and in April, 1023, he took a small house in that town at 104
a year, and boarded and slept there Whenever he was on Shore.
It was contended that hie residence was merely colourable for
the purpose of evading the statute.
The case went to the Jury, under the Learned Judge's di.
rections, as a question of fact, whether the defendant.* real.
dence was tC)na fide, or merely colourable.
The Jury found for the defendant.
WEDNESDAY, AUG. 11.
CROWN SIDE.

William Feder was Indicted on the 52 Geo. II I. c. 143, for
feloniously assembling, witlrother persons unknown, at Mm.
ster, in the Isle of Thanet, on the 6th of May, armed, in order
to be siding and assisting in the illegal running, landing, and
carrying away certain uncustomed goods. The prisoner was
also charged with assaulting certain-officers of the revenue.
The Jury, under the Learned Judge's directions, found the
prisoner Guilty.
Judgment of death was recorded, but the Learned Judge
told him that he should be recommended as an object of Royal
clemency.
Michael lloarlk4 and Thomas Ricluirdion were indicted for
bttrglariously breating and entering the dwelling-house of RI.
chard Crandall, of Leigh, on the night of the 24th of April, and
11Attut Atsrojti stuatitity,candhseolessLothig &tootle.
Tiewprieothi stroudiv dmidialbotk 44 s
•i44Setpteed
The Jury, umier•the Learned Judge's directions, found them
Guilty, and judgment of death was recorded.

SALISBURY, TUESDAY, AUG. 10.
ALDERSON V. SIR EDW. POORE, BART.
This was an action nominally agatbst the Sheriff, but sub-
stantially against Mr. Jarvis, for the recovery of a sum of 2001.
which had been levied under an execution in. Mardh last. The
plaintiff was assignee to a man named Burgess, who is since
dead, and the question was, whether or not the act .of bank-
ruptcy took place before the date of the execution.
The chief evidence to chew that the act of bankruptcy pre-
ceded the levying of the exemtiok,was that of the lite bank-
rupt's daughter.
Mr. Sergeant PELL, in the course of his reply, was inter-
rupted frequently by the harking of a mastiff dog in the fair,
which Wag held in the vicinity of the Court. At length the
overoowered those of the
IvieTrlnpecolvSeerligoeafndtlethdaogt tslolecolantltpeirely pleasantly observed--" Gen-
tlettien, if you please I will stop until the opposing counsel has
concluded his address."--(A laugh.)—The dog, however, per-
severed. " Ile is not, I assure yoi,-Gentlemen,, looking sig-
nificantly at Mr. Adam), the only dogmatical counsel who
sometimes makes his voice heard."
Mr. As Ast—Go on, brother.
Mr. Sergeant PELL—Gentlemen, you hear Mr. Acton says
"Go on, brother ;" lamat a loss to know—is the brother in-
side or outside the Court ?—(A. laugh.)
The Learned Sergeant then proceeded with his addrtss.
Verdict for the plaintiff'.
COI4.INGS V. NEWMAN.

This was an action for breach of promise of marriage.
Just as the Special Jury had been sworn, the defendant yielded
to the tests proposed by the plaintiff'—namely, to pay her 2501.
and coats. He held out for a considerable time, having offered
200/., which would not be accepted.
Mr. sergeant WILDE, who was leading Counsel for the
plaintiff, then stated, that he was extremely happy to inform
the Jury, that they would bi spared the trouble of an inquiry
upon this occasion, the defendant having consented to the terms
proposed to him. It was extremely painful to the party bring-
ing this action to be obliged to undergo such en exposure ; but
the Jury must be well aware, that When a gentleman has paid
l:is addresses to a young lady for some time, and that he mid.
denly forsakes her, the injured party is always liable to the
suspicion of
r.. Sergeant PELL (Counsel for the defendant)---" Brother
Wilde, is this regular ?"

Mr. Serjeant Lim —" I beg you may leave it to my Otis_
cretion."— But the consequence of the breaking off the inter.
course was always attended with injurious aurmisel to the
female. He was happy to be able to state, on the assurance
of the defendant's Counsel, that the defendant had no reason,
and did not intend, to cast the slightest imputation on the lady's
character.
Mr. Serjeant Ps LL said that he had advised his client, on
what groUnds he' did not think it necessary to explain, to tie.
cede to wcoMpromise. The gentleman was: since married ;
and, were it not for particular circumstances, he would not have
so advised his client.
A Verdict was then taken for the 'plaintiff—Damages, 2501.