The Sun.
London, England, 1805-04-12 00:00:00

YORK ASSIZES.

Tut KING, on the Prosecutintt of the Cortro.
RATION ot.*theItoyA,EXCHANGIt AisURANcv.,
againt So mud Collier, late of Doh Cross, for
fully and. fdonintr,ly setting. ti certain Cotton File_
tory on lilt 'at I),,►h Cross, on Friday night, the.
14th of September, 18of, belonging to JAMES
LEES,
This Pmsecutinn is founded
,upon the Statute of
9th Geo. 111. cap. 29 ; by.the.2,l section of which
Statute, after, reciting, that no Ffreetnal provision
had.heretofare heen made for- preventing the burn.

ing:of mills, it ertaaed, That if any person or:
periOns shall, from ;And after the Ist- of- July, 1769,
wilfully or maliciously burn or set fire to any wind
saw mill, or other wind mill, or any water mill or
other mill, such person so offending, being lawfully
convided thereof, shall besadjudged guilty of fe..
luny without benefit of Clergy, and shall suffer
death as in case without benefit of Clergy. By. se&
4, cif the same Statute, no person shall ,be prose.
cured by virtue of this ad,, for any offence committed,
contrary to the same, unless such Prosecution he'
commenced within
.18: months after, the offence is'

committed. ,
It was stated in the opeoing, that Mr. James:
Lees, a Gentleman residing at Delrh, in the Parish'
tt Saddieworth, was the owner of the cotton mill
burnt, which was in the Town9hip.of Ottick, and
consisted of three distinct stories, one of which was:
occtipied by the Prisoner, at the annual rent of roil.
The Prisoner had_insuted his machinery for sool..
and his stuck for sot.
The first ',Witness called was Henry Fletcher, who
deposed,, that he knew the Prisoner, who was.a
carder and rover, anti in whose service the Witness
,was ; he kvell remembered, that in August last, the
mill was on, fire, and that on the night previous- to
the fire he fastened the doors nt the mill, and kept
the key, rand that every thing was left regular
order when he fastened the doors; that the Prisoner
came next ,morning for the key,
.for which he was
not in the constant habit of coming, particularly at
so early an hour as seven o'clock, which was the
time he came for it ; that he followed the Prisoner
to the mill, endthere saw some cotton on fire, which
appeared to have been spread upon the floor, but
they were successful in extinguishing the fire ; but
there was no candle used .where happened..—
The Ptisorter at that time said, somebody must have
' cotne,up the wheel-hole, and sat fire to the mill, but
that in future, he would have it watched ;, that the
Prisoner.came some dart SitelWArdS. tea his,. (the Wit-
ness) house, and asked for the key of theCounting-
house, saying the mill door had been left open, anti
asked the Witness if he would watch, as he was sure
some one had a,design tosbutn the mill. About that
time, the Witness said, they had about two or three
hunched weight of cotton in bags, and which were
removed from the usual place where'they used tia
lay, to 'the place where the fire appeared to break
out which destroyed the mill.. Had often heard the
Prisoner say, " there ia some had perso6 who means
to set fire to the mill." The 'Witness watched the
mill with
.the Prisoner, for one night, which they
begun about twelve o'clock ; here he described the
different situations the Prisoner and he had when
watching. When they'idvere watching, and serrate
ftom each otter, he head the rrisoner cry out,
" Harry," uul say he thought he, heard some.
thiog ; upon which 'he, went to the wiodow,
when the Prisoner said he taw a mat ; but Wit-
nest saw none. On the next day, which was the
one previous to the day on ,which the mill was
destroyed, he ordered the Witness, to draw oil the
water of a darn which was contignous to the null, and
also ordered him to go to Mr. Harrop'so, the owner
of an adjoioiog mill, , and tiorn whence their mill
was supplied with water, to know whether they
would send any more water that night, or when
they would seed it i to which he received for an.
ewer, that they would have it about three o'clock
in the morning, which he communicated to the Pri-
saner ; he sfterwards told the Prisoner, that the
Cotton ought to be putoutof the. door, to which he
received tw ter, ular answer. Theoight_previous to
the fire, the Witness said, that he was sure ,the
rovings were in bags; that lie had not the key of
the mill that night, but, the Prisoner had it ; about
three o'clock io the morning he Was Called up on
the alarm of fire, and met the Prisoner coming out
of the coontiog.huuse door, .whom, he afterwards
assisted to remove two bags of cotton,
oUport his cross-examination, he, said, that at the
timeof thelfirst fire there was a great-press of bo.
_sineSsi 'and that when the last fire happened the
Prisoner used all hia,exertions to save the property.
lie-said that on the: day,of the first fire &_ letter
was found in the mill, and which contained these
words..." In spite of all your watching,.old hop.
ping Leta' mill shallborri;"...but at that time there
had. been:no watching.
Aim Dawson, apprentice to tile lass: Witness,
corroborated his testimony, to the Prisoner.tiallw
ing for the, key of the, countiag.hoose door, and
that the gavel-end door of the mill was open, and
saw the cotton scattered up and down the,millo
Upon her cross.examinariuo by Mr. SC i'irc Hato,
she admitted, that it was com Mow fur the Ptisuotr to
call for the key.
Julio Day said, that lie lived at Maochesttr, and
was employed by Mr. Lees to make a reservoir for
his Mills about July hist, accts that he ,has,been ac..
qoaioted with the Prisoner two or duce yearb, and,
I,dgeti with the first Witoct.s. On the Wed4,e,day
before the rast fire the Prisonci said loithi
!less, 5' dare you sleep y.r the tzsill to.ntgla i"
and asked him, "4 what ate- your reasons
tor asking me V.! I. said, " 1 most certatoly durst
,sleep in the ;" and on that night the Prisoner
and I began vo watch about twelve o'clock at
night. Ile also described the bag of cotton, and
_proved letting the water 'off, but that. the Prisoner
said, and ga.ee as a reason, that ,it made:such a
noise going through the old wheel, that they could
not hear, any body if they' carne ; that they, had nu
light that night. Alter being for a little time
upon the watch, the Prisoner said, '' John, I liras
soinebody ;" but the Willies* said he heard 110,
body, and Went Out` of the 111111 in search, hut
found nobody ; the Ptisoner again said he saw a

tight anti ,a man, but that tP, the 'Witness. uittla
; thia the firJ Aservance of ady symu.
tf,tns of fire was out of.,doors,' when he thougrit
11:at train the inside of the mill-thete preeeedecl two
(I sites cat Ii hc, -which followed each other gnickly,
and in a short time The fire 'broke cot. The Wit_
lieA, from pAssion 'and fear, then said to the I)6_
saner, "'YOU rascal, you are setting it Or: fire your.:
self." lie never discovered any'smell of fire before
it•brokeont.

Upon his cross-examination he said, the Prisoner
had expressed great. fears of the mill being set
fire by saute incendiary.; that upon the lire break-
ing,out,• the, Prisoner used every exertion to extin.
guish it ; and that if the water had not been taken
off it would have prevented them from hearing 'if
any person had come to the mill ; that the Prisoner
might-have escaped-if he would, but did not-attempt
it ; :never,had any dispute or quarrel with the
soner ; that helneVer said, it I had not.sworn against
the Prisoner, he Would have hanged me, nur that
he first saw the fire in the. bottom room; and swore
positively that he never had any' hand in setting
Are 'to the mill.
Robert Brook, of Dab Cross, said he remember-
ed seeing•the mill on tire about three o'clock in the
morning, which was at that time burning in the'.
middle room ; that the Prisoner used every exer-
tion to extinguish it .by getting water ; the'
'Prisoner say " never' mind the old mill, only let us
keep it off the new mill."
Wiliam Hartley said, that he rented a room in:
the mill, which, together with his persnnal. pro.
perry, was destroyed, by which he loit about
5001. ; that the night ptevious to the fire lair met.
the Prisoner going to the mill ; it was then*abbut
ten o'clock ; the Witnets said to him; " You
need not go ; it is useless, the water is all drawn
off;" to which he made no dirett The'
Prisoner wore that night a coat he had not worn
for some time.

Here the Evidence for the Prosecution closed.
The Prisoner, when called on for his defence,.
.said he was net guilty, but kit his defence to his
Counsel. The first Witness called was -
Jonathan Buckley, who sriid, that during the
fire he saw the Prisoner doing his best en&avoUr
to extinguish the fire. The next witness,
Richard Anon, said he worked at die mill, anti
recolleets the remoiritig of the cotton, because the
counring.house, fluor' was dairy, and the cotton
was spoiling.
Mary Nutter said that she was going towards
the mill, and met the Witness .tha't day with a
Gentleman, and heard him' say to the Gcntliman-:
who was talking with him, '4l thachefirat saw the
fire in the lowest room." - •

William Kinder was called to prove the exer.
Lions of the Prisoner to extinguish the fire..
George Swinicoe proved that .the Witness, Day,
and the Prisoner had had disputefi and 'quarrels about
the reservoir he was employed to make fa. Mr.
Lees, And that D.,y mad,: tre of these words in the
hearing of the Prisoner there he stands, and
he is a villain and a' rascal." This he said was
about the time of the first firs.''
The Jury then returned a Verdia of gr'ary ; at
the same time recommending hint to roarcy. The
Judge asked the grounds of -their recommendation,
when they expressed their doubt ai to the malicious
intent of the Prisoner. The Judge
'not,- after the vierdid they -had given, receive that
as a ground of recommendation. Toe „ rtisoner's
good charaifter he allowed might he one.
In passing Sentence the Judge observed, " Now
that the Jury have found you grigty,l have hiihesi7
tatiOn in saying,that the ceidcnce brought ,guilt
home to you in the strongest terms," His Lord-
ship pronounced the sentence of death upon" hiM.—
lie was, however, pleased to reprieve him before
he left York.

Wednesday evening as Mr. Hendricks, of SoMer.
seistreet; Aldgate, wa's Jeturning home from Ed.
mouton, in a post-chaise, he' was accosted by three
footpads, who demanded his money and watch.—
He consented to part with his money;' but begged
to retain his watch, is beit.g C family piece, which
they gave up, in lieu of his great coat, which was
'exchanged, and they then ran away,,