The Sun.
London, England, 1802-11-18 00:00:00

THE KING V. WINTER.

Mr: JARI.- is moved the Judgment of the Court
on Thomas Winter,whO was convicted betore the
Chief Baron of Exchequer, at thelast Assizes
for the County of, Kent, for' unlawfully having in
Lis eossessiOn 'Naval Stores belonging-
.to His Ma-
jesty,` marked with the Broad Arrow, contrary to
the Statute.

It appeared from' the Report of the Lear*
Judge, thiit on' the r9th of March a Witness
went to the house of the Defendant with a warrant
to search it : told the Defendant he was come ,to
search his'house for stores. He found nails on the,
floor with the Broad Arrow on them ; the nails
were new. In the parlour he found two pounds of
nails perfectly ew. All the nails with which the
bxirdS of the h use were fastened, were with the
Broad Arrow crt them, entirely new. The De_
Pendant said he bought, them of children, in some
chips they brought him, but he did not know who
they were. All the nails found were only of the
value of four shillings. , Some hinges and a lock_
box, the Stores of the Navy, were also found at
the Defendant's house-, which, he, said, he was
building for 1 imself, saying that he was his own
Carpenter..

The Defendant's good charaler was attested by
three. Witnesses who.knew—him for some time.

The Jury found him guilty.
111 r. GURNEY addressed the Court in mitigation
of punishment, Dina Mr. GARROW and Mr. JARvis
for. the .Prosecntion : both these Gentlemen re-
minded the Court that these things cannot be
allowed to be past over lightly. .
Lord .I;LL.ENBUROUGH said that this was an
.of.
fence of great magnitude, of wide extent, and
alarming frequency. • The Defendant must now
stand committed. •
The Defendant then addressed the Court in a
speech of considerable length, in which he'protested
his innocence as to intention, and remindedfitheir
Lordships that he bad, as a Freeholder of the Coun-
ty, and a Freeman of the City of Roches-ter, always
supported Government and voted for the Ministerial
Candidate, and had always opposed the Seditious,
&c.. At. the end of his Address, he fell upon his
knees, `'and made some asseverations of innocence,

CON '.lo'l PLEAS,•Nev.. 4:

BROOKS 'L'. LLCrYp.

This was an aftion for Board and Lodging, prci-,
vided to the Defeniant's Coachman.'

Mr. Serjeant SHEPHERD said, that the debt de-
manded was exceedingly small,' only zl. i zs. and
yet he should find some difficulty in proving it, un-
less the trial was suspended till the arrival of a ma-
terial 'Witness,

Mr.Serjeant BAILEY replied, there was no Occa-
sion to postpone the-trial, as he was ready to admit
the debt, as his
.defence was -that of •Infancy ; and
he meant to shew that the Defendant was under age
at-the time he cont raCted the debt 'and as the Plain-
tiff hadmot Stated in the Declaraitha that it was for
Necessaries, by the Law of the Land it could not be.
recovered. -

Mr. Set jeant SHEPHERD observed, that if Infancy
was meant to be set up in defence, be did not know
Where to find language. to express his' indignation.
The Defendant was a young man justrretorned from
College, the son of a man of considerable wealth,
who was also a Representative inParliaent, and of
the first repute in the County of 'Stafford. The
young Gentleman, who had pleaded Infancy to avoid
the payment of 21. 12s. thoiigh. if had been expended
in support of his Coachman, did not mind giving
roooh for a race-horse.

The Learned Counsel was proceeding, when

Lora ALVANLEY remarked, that whatever were
the merits of the ease, the question before Elie Court
was a dry question of faet ; was the Defendant an
Infant at the time the debt was contraacd, or was
he not ? It was only necessary to prove that. There
was no occasion to state matter for the sake of
filling the Newspapers ; they could not alter the
Law, Let the Public attend to this.

Mr. Serjeant STIEPHERD bowed to tilt Judge,
and the proof of the Defendant being tinder age,
devolvedlon the mother-of Mr. Lloyd) who stated,
that she was brought to bed of her son Francis,
the• Defendant`in the present Action, the t stli -of
June, 178 i ; that she did lie in at the house of Sir
John Wrottesley; at Shiffnal, in Staffordshire, and
that the Defendant was baptized at the parish of
Pirton, in the sarrie county. Another' Witness
was exaniined, who deposed as to her being pre-
sent at the birth.

The- debt was then proved to have been contraEt-
ed in the month of February iii ,the present year,
five-months before the Defendant came of age, con-
sequently a Nonsnit was, entered.

PREROGATIVE COURT,
~
DOCTORS' COMMONS.—MONDAY, Nov. I's%,

WARNER V. WARNER.

Tars was a question respeding the validity of
the last Will and Testament:of Thomas Pilgrim
Warner, Esq. of Surrey square, deceased. (It ap
peared that two Papers were, propounded by the
Executors on behalf of the mother,- and one of
the sisters of the deceased ; the.one Paper purport.
ed to be the instrudions of the deceased, the other
a draft written from the said instructions, but not
signed by the deceased. -These Papers were op.:
posed by a sister, brother, and nephew of thc de-
ceased, who contended, by their Counsel, that at
the time the Testaior gave the instructions, and
long before;and up to the moment of his death, it
Was manifest, from the evidence produced belare.
the Court, that he was a deranged person. On the
part of the Executor it was stibmitted, that although
there_ was undoubtedly strong evidence of insanity
in the deceased at times, yet at others there was
sufficient proof of lucid intervals, particularly in the
evidence of the Attorney who took the instrudions
from the deceased.

The Learned Judge, after going minutely, into
the evidence respeCiing the state of mind and con-
dition of the deceased, was of opinion,- taking all
the circumstances into considgration, that the two
Papers did contain the real mind and intention
of the Testator, and accordingly pronounced for
the same.

A daughter of Mr. Mathewson's then rose,
her, and found that she was very sick, and that she
had been so during. part oldie night. Tea was OT't
dered fpr her, but before it could be prepared,
was seized' with a stupor ; the pulse became stll
the breathing difficult, and the hands swollen and
blackish. •
A Medical Gentleman was instantly called; he
said ,it was an attack of an apoplexy', which she
could not survive more than ten minutes : and in,
rather less than that time she expired, the blood
bursting from 'her nose, mouth, &c. The, Surgeon,
- went CO
on being informed of the transaCtions of MondaY
night, was clearly of opinion, that the impression
_
made on her imagination by the fancied apparition:
was die cause of this fatal catastrophe.
We have given the particulars of this Lull?'
tunate affitir so minutely,. because reports inju-
rious to a very worthy man, have none abroad orl
the subject. It has been stated that one of Mr'
Mathewson's men concealed himself in the fou"'
fiery, to alarm the girl during her foolish probati""'
It is false. Mr. M.-'s people leave of work at eight
o'clock; this happened at•ten, and there Was'noi a
soul within the shop but herself. It has been 13r-
ther stated, that she fell into a faint on the app",r-
ance of the-fancied speetre, and was 'left to die
that situation. • It will be seen, from the i 1-)oveotii-
thentis statement, that this is an absolute
and a most malicious one. "

On the 29th of the present month the El')
State Lottery commences Drawing. Three Pri.4e:
of Twenty ThOusand Pounds in the present Ye3l
have been sold by .11.1cFiARDsoN, GoooLucx. o`.l
Co. N 0.4.8,318, a whole Ticket ; No. 7105,
48,752, in -Shar; they are also the only person:
that ever sold two Prizes of Thirty Thousanu
Pounds in Sharesi No. 12,807 and 26,883. Tickets
and Shares are on sale at the Offices Bank,htiildiogs'
Cornhill, and facing.the Gate of the King's Mews,
Charing-Cross, of Rtchardsoni Goodluck and Co.