The Sun.
London, England, 1802-11-04 00:00:00

SEVENTH DAY-WEDNESDAY, NOV. 3.'

HIGHWAY ROBBERY.
M'our;ce Haly; Judith Quinlan, and lames
Arowm stood charged with violently and feloniously
assau t mg Wn. Bangs, on the high road from Ches.
hunt to ,London, putting him in fear, and robbing
him of at-,cket-book containing three 51. Bank of
England Notes, his property.
The Prosecutor deposed, that on the 4th of Ciao.
her last, he set out from Cheshunt, in Hertfurdshire,
in artier to proceed to Tooting, in Surrey. Being
unable to prpcure a place in any stage, he walked on
for Tottenham, in company With a young man who
was going the same way. Going in to the White Hart
Ion; at Tottenham, he met the Prisoners who wish-
ed him to kiln company- with them, -but he declined
it. He- only drank-half a glass of .potter, and was
perfedly sober ; he imprudently, however, took a
51. B Note trom his pocket-book in their pre.
sence„ but. could not vt change of it. He then
came on, if being late .in thcevcning, for the pur,
i;ose•ofirriving in time London, when .the female
Prisoner, Quinlan,- took-him by the arm. He ob-
served the young .man who had accompanied him,
talking apart to the I'risoners, and In a short time
Haly 'knocked him driwn-sudd“ily,, He got upon
h knees and prayed they would nut murder
hub Hal v repea,el his blows three times, and assist-
ctL.by Judith Quinlan, 'forcibly took his pocket-•
byik,,cont,tining the'Bank Notes mentioned in the
Indidment, .andwhich he had -receied in the way
of busine:.. Blown then made Off,'lbut he had not
loit sight of •Haly and Quiplan,- WhO were stopped
by a coachman. The next day he happened by
chance to go into the-Ship Tavern at Tottenham,
where he saw-Brown, whoimmediarely ran away
at perceiving him, but was pursued and taken: A
man in the public-house who happened to pick up
his pocket-book at about go.. yards' from the pface
Where the robbery was committed, restored it
him. At the time of it's restoration it contained
only some bills and letters, but the Notes -had been
taken away. It did not appear that-the Prosecutor
had ever recovered any of these Notes.
In .answer to-some questions put to him-by Haly,
he denied that he made courtship to the woman
Quinlan, or that he offered any. money to her. He
acknowledged that she took him by the arm on
leaving the public-house, but said that he had not
invited her to do so.
Thomas Saunders, the next Witness's testimony,
went only 'to prove that he was a resident at Tot-
tenham Green, and had assisted in the apprehension
of the two Prisoners Haly and Quinlan.
The Prisoners, in their defence, all asserted their
innocence, and Mrs. Quinlan said,- that the Prose 7
eutor took out the Bank Notes and offered them 'to
her, with the view of obtaining certain favours.
After a very excellent charge from Baron Mow-
sort, who tried the Cause, the-Jury retired to deli-
berate for alvnit half an hour, when they returned
with a Verdift—Maurice Haly Guilty Judith
Quinlan Guilty—and James Brown Not
The offence was laid capitally. -

Edward Coates was charged with a capital of-
fence, in feloniously stealing, on the isth of Oc-
tober, a coat, a hat, waistcoat, pair of shoes,
jacket, a pocket-handkerchief, knife, and case of
razors, the property of Daniel M'Carthy, in his
cbvelling-house.

In this case, it appeared by the statement of the
Prosecutor, that the Prisoner was• taxable with in_
..gratitude for kind and hospitable treatment, as well
as chargeable for his condua with respea to the
indidment. lq‘Carthy related, that the Prisoner,
in company with a young woman, called at his
house in Buckeridge.street, St.Giles's, on the 15th
of last month : he complained of being hungry, On.
which the Prosecutor invited him to dine with him.
After dinner. they drank some beer together; the
Prosecutor then, who acknowledged, in a very
significant tone, that " he was not sober,'' lay
down on the bed; the Prisoner, - soon after
stretched across the feet of the bed. •M‘Carthy fell
asleep, and continued so some time: On his awak-
ing, the Prisoner was gone ; he foand that his pipe
had been smoked out, and. not long after the full
extent of his loss, by missing the various articles
laid in the indiament. The next time' of his see.
ing the Prisoner was in the Watch-house of St.
Giles's, where it appeared he)iad been immured on
another charge. When the Prosecutor awoke from
his unfortunate nap, it was about three o'clock :
when he saw the Prisoner in St. Giles's Watch.
house, it was rather late at night. He said, that
the Prisoner in a great degree confessed his guilt to
him, and expressed his sorrow for what he had
done, and added, that hehad a iect6nd bluaketin
pledge at the Crooked Billet, beyond St. Catherine's,
which he would sell and compensate him for his loss.
One Dalton, a Constable of the. St. Giles's divi-
Sion, stated, that the Prosecutor came to his house
on -the evening of the 15th ofodob,er, and said, that
he had been robbed as above ; he appointed him to
Call at his house in Buckeridge-street that night, in
Order to inquire further into the affair. At night
they found the Prisoner in the Watch-house. No
farther evidence was adduced.

The Prisoner, in his defence, deni4l the charge
in toto, and said, the Prosecutor was so very dmnk
that he was entirely unconscious of what he said
or did.

Air. Baron THOMPSON, in his charge to the Jury,
observed that the account of the Prosecutor, as
tending to affect the Prisoner, was rather an idle
story the Prisoner was certainly in the house, but
by the Prosecutor's. account they both laid down
on the bed ; when he awoke the Prisoner was gone.
It was well known that in the houses in some parts
of St. Giles's, many people come backwards and for.:
wards in the coutse of the day. There was no ade
(Nate proof against the PrLoner, nor was any of the
Froperty Mimi to him.
The Jury immed;ately Acqiii.tted the Prisoner.

• He. was then tried- upon anther charge—that of
feloniously stealing on the October, a feather
bed; .a blanket, a rug, a pair 'of stockings, and a
bonnet, the property of Wm. Egan.
The Prosecutors wife, Mary Egan, stated, that
she lives in Britannia,row, Lambeth; the Prisoner,
of whose father, she said she had some knowledge,
came to the house in the evening, and said he was
hungry ; she told him they had some meat, which
he was welcome to. The
.meat was placed before
him, and the Witness went out for a quartern loaf,
and at the same time, to seek for her husband, in
order that he might"partake Of the meal. On this
errand she was about half an hour.—On• her return
with her husband, the Prisoner was gone. A child
about two years, and a half old, was left in the
apartment with the Prisoner—the bedroom opened
into the sitting--room or kitchen, 'the house being
only one siory high. She desired the child to go
to bed, who answered, "There is no bed, Mammy."
They then found they were robbed of the articles
laid in ' the Indiament. The next intelligence she
got of the. Prisoner was, that. he was taken in Hol_
born, and lodged in St. Giles's watch_house.
Lynch, one of the watchmen of. St. Giles's Pa.
rich, stated, that about pine o'clock at night he met
the Prisoner, accompanied by a young woman, and
followed by a man, who carried a bed op his shoul-
ders—he struck the bed' with hiS pole—On which,
Baron THomesoN observed, " you did very well
indeed",--the bearer said the bed belonged to the
Prisoner. The Prisoner 'then said that he owned
the bed, and that be bought it somewhere. abroad
from a soldier's wife. Not satisfied with the ap-
pearance of things, he took them all to the watch-
h(,use. He searched the Prisoner, and under his
coat, which was buttoned, he found the bonnet of
the Prosecutor's wife; a pair of stockings was
found in his pocket ; the blanket and rug were
tied up with the bed.
Dalton, the Constable, corroborated the latter
part of the 'Watchman's account, and stated, that
the Prisoner said he had the bed nine weeks in
pledge at the Crooked Billet, near the Tower &c.
The property was produced, and duly identified
by the Prosecutor's wife;
The Prisoner, in his defence, asserted his inno-
cence of the charge, and told a long story of his
serving under Admiral Lord Nelson, Admiral
Warren, and Lord Keith: when the Watchman
thought proper to stop him in Holborn, the man.who
carried the bed, had just met him, and he offered
to pay him, if he would carry, it to a certain dis-
tance, which he declined.
Mr. Baron TuompsoN summed up the evidence,
which he thought sufficientlrclear—he notices the
aggravation of the Prisoner's conduct, by his requit-
ing kind treatment with ingratitude, and highly
praised the spirit and vigilance of the Watchman.

The Jury had little hesitation in finding the Pri.
soncr

Robert Wilson was indifted for a capital offence,
in feloniously stealing, on the gth of oClober, in
the dwelling-house of Joseph Dalton, two coats,
one waistcoat, one pair of breeches, two Bank notes
for ii. each, and one pound eighteen shillings in
money, the property of Joseph Dalton. '
The, Prosecutor in this case, it appeared, was a
coach-master, and. the Prisoner, his coachman, or
driver • the former occupied an apartment in the
house of Juseph Dalton, in Catherine-Wheel-Alley,
Windmill-street ; he took the Prisoner into his ern_
ploy about four months ago, and until a, fortnight
or three weeks back, he permitted him to lodge in
his apartment gratis, die Prisoner about that period
having married. The Prosecutor stated,' that in
consequence of all the Prisoner's things not being
taken from the room„ he had a key left with him,
to go in'aral out. The Prose. :tor came home about
one o'clock in the morning of .the 6th of October,
and found the door open he had not been home
since eight-o'clock the morning before. He soon
missed the articles laid in the IndiCtment ;-t-thenotes were in his box, but, he could not tell
whether he left it open or locked, when he
last quitted the apartment ; nor could .he
.say
that he had seen the' notes later than three -or
four days before. On that day Ile had apartments";
which he understood to be the Prisoner's, in Duke_
street, St. James's, searched, and in them were
found the two coats, waistcoat and breeches, and
also two one pound bank-notes.
On his cross-examination it appeared he could
not positively say that the apartment searched was
the Prisoner's, nor that the woman he had seen in
them was his wife ; nor even positively that Joseph
.Dalton, as laid. in the indictment, was the landlord
of the house. He heard he had rented it for more
than twenty years, and he knew that he uniformly
paid him the rent for his own apartment.
The faa of searching the Prisoner's apartment
was more particularly spoken to by the Bow-street
Officer who made the search. He stated,, that in a
room up two pair of stairs in the Chequers Public_
house, in Duke-street, which room the'Prisoner
after acknowledged to him to be his lodgings,
the apparel claimed by the Prosecutor was found in.
a bed which had been turned up ; half a guinea,
two seven shillings pieces, and 13s. 6d.•
were also found. The Officer afterwards took the
Prisoner into custody at another place ; when he
told him, that the Bank notes were in a small
pocket-book in a certain part of his lodgings, which
he described., .The Officer imrhediately went and
found' the pocket-book and notes, agreeably to the
Prisoner's description.
The articles were produced, but the Prosecutor
said he could not identify the notes neither could
he positively swear to the clothes, though he verily
believed they were his,
The Prisoner left his defence to his Counsel,
who called a few Witnesses to his charaCter.

The Jury, after hearing an able and diseriminat_
ing Charge from Mr. Baron. THOMPSON, found the
Prisoner—Not Guilty.
The money found in his apartment, and the
notes, were afterWardS given by the Officer to the
Pristine%

PALACE COURT, Oct. z 9,

FLYING COAL MERCHANTS.

HARMAN V. ROE.

Tits was a Case that excited some attention from
the peculiarity of the circumstances. The plain nar-
rative of the case as opened for the*PlaintifF was,
that:he had sold and delivered to the Defendant 'two
chaldrons and a half of coals, the costs and Charges
for, which, SI. is. 3d. he sought to recover by the
present anion. •
Thomas Street said, he was a carman in the em-
ploy of Mr. Neale, of Dankside, who keeps coaL
waggons ; in the beginning of. December, t 800,
drove a waggon with two chaldrons and a half of
coals, to the house of Mr. Roe, the Defendant, at
No. 32, Duke-street, Grosvenor-square, where he
delivered them. He knew they were sent from
Mr. Harman, as seller, and he believes that Mr.
Palmer might be the buyer's name on the ticket ;
but at this distance of time-could not undertake to
swear to it, or any further than that he delivered
the coals as he was ordered, to Mr. Roe's house.—
The delivery and receipt of the coals to Mr. Roe
were admitted by his counsel, and here the case
rested on the part of the Plaintif;
Mr. AGAR said, the Defendant, Mr. Roe, is a
reputable clabiner-maker and upholder,; it t that line
he worked fur Mr. Palmer, who in the course of
their trade, got considerably into -his debt. On
Palmer's coining to give diredions one day; in-the
beginning Of December 'Soo; Roe asked him for.
some money-on .account. In reply, he said, he
could not give any money, but as he was- in the
coal-trade,. and winter coming , on, lie would send
him in some coals. Roe agreed to this, and two
chaldrons and a half were to be sent- in, and the
price was to be credited to Palmer's account.
.The
coals were sent in, and the amount of the charge for
them passed to Palmer's credit.- Since then Palmer
had absconded, and left the Defendant, as well, as •
his other creditors in the lurch. Mr. Harman, the
Plaintiff, it would appear, credited not Roei but
Palmer, for of Harman his Client had not any
knowledge whatever. He never gave him any or-
der, nor had any concerns With him. In this case
he could not be considered in any Other light than
as a third persm Palmer, this flying coal-mer-
chant (for with flying coal merchants, flying wine
merchants, and flying brandy merchants, this me-
tropolis
abounds, buzzing . about in every corner,
picking up orders in every place; and from every
person they 'Meet with, executing those orders with
goods they take upon credit, for ready money, and
paying 'for them, if ever they do so, when they
please) havingifisted tel, Mr. Harman, having never
had any dealiogs with his Client, comes ne;.o-ly
two years after the delivery of the coals, to sue his
Client, Mr. Roe, wishing, no ddub:. to get his mo-
ney somewhere if he could—of hini.he was war-
ranted in saying, he could not, either' in law or
equity, obtain it. After pursuing this strain of.
argument at considerable
,length, 'Mr. Agar .pro-
ceeded to call his witnesses.

Catherine Roe, daughter of Mr. Roe, deposed,
that on the 3d of December 1803, a load .of Coals
came in as from Mr. Palmer ; she was present t
the delivery, and received the meter's ticket, which
she remembers' was written on, Harman, seller—
Palmer, buyer; on the back was written a direEtion
to her father's house. She knew nothing of Han.
man, or of her father ever having had-any dealings
with him. On her cross-examination, .as to her
recollection of the names on the ticket, she stated,
that a short time since looking over the shelves she
found the ticker, which considering as useless, the
coals having been paid for and burnt, she was about
-to throw it into the fire, when her mother desired
her to read it first ; she did so, and that enabled her
to swear to the fad, although she had burnt it.
The Learned Judge then summed up the evidence.
In his opinion it was a very clear case. As an in-
stance, said he, Igo info Lnndon and purchase a
puncheon of rum.; .1 make use of it, and account
to the person from whom I. bought it. He ab-
sconds in the planter's debt. The planter comes to
me, and says Sir, you owe me fora ptincheon of
rum. Indeed Ido not, I never boUght any rum of
you, I bought of Mr. A. and paid for it. The
planter replies, that rum you bought of him was.
mine, he has not paid me for it, and I expect you
will."—This would be wild work indeed, there
would soon be an end of all confidence in mercantile
dealings. Indeed the very stating the case was suf-
ficient to shew the absurdity of it.
,The Learned
Judge then animadverted with a just degree of se-
verity on these flying
.Coal Merchants, who with
great facility carry on their business both with cre-
dulous buyers And sellers, without wharfs, craft,
waggon, or even coal heavers, acdalmust without
credit, for of that they have but little.
The only question, as he observed, for the Jury
to try, was, whether Roe was the -boxy fide deb.tor:
of the Plaintiff, by buying and receiving
.these coals.
of him ? If they should think so, they would find
for the Plaintiff; if otherwise, for the Defendant.

The Jury instantly found for the Defendant.

SPORTING INTELLIGENCE.

NEWMARKET THIRD OCTOBER, OR HOUGH_
TON MEETING,IBO2. . .

TUESDAY, NOV. 2.

A Subscription Plate 0f.501. for a-yr olds, carrying sst, 21b.
3-yr olds fist ; 4-year olds, Bst. 21b. ; S-yr olds, Bst. glb.;
6-yr olds, and aged Bst. 131 b. D. I.
Sir C. Bunbtiry's 1)..c. Whirligig, 4-yrs old - '
Mr: Ladbroke's b. 1. Rosetta, by. Woodpecker, 2_yrs old', 2
Mr. Howorth's ch. c. Malta, by ,Buzzard, 4-yrs old 3
Mr. Wardell's b, c. Harefoot, 3-y,rs old - - 4
Mr. Golding's b. h. Peacemaker, 5-yrs old - - 5

Seven to 4 against Whirligig ; 8 to t against Rosetta; 4 to
.4gainst Malta ; io to 'against Harefoot.

General Grosvenor's Quick, Bst. beat Mr. Wardell's
Wrestler, Bst. 41b. Two-yr old C. 25g5.-2 to a against
Quick.

MP. Wardelrs Wrestler, Bst. slb. beat Mr. Coventry's
Jenny Spinner, 7st. 'lb. Two-yr old C. zsg.-6 to 4 against
Wrestler.

Sir C. Buribury's.Whirligig, Bst. 31b. received togs. from
Mr. Howard's 'fawney, Bst zolb. Two-j,r old C. cogs.
h. ft.

IYAY.