The Sun.
London, England, 1803-01-13 00:00:00

DEAL, POI. 12.

YCSTERDAY the Snipe gun-Vessel lost an an-
clior and cable,. anti drove near the shore, but
brought up again. The wea:'her in now more
moderate.

AI ARG ATE, P.N. 10.

TH IS evening, about six o'clock, the Aaive, of
Greenock, Captain Hottrsns., a fine new West
India 'ship,.of 30 tons 'burthen, laden with 300
hogiheads of sugar, &e. bound to Greenock, part-
ed from her anchor in the Roads,
.and came ashore
within about half a mile of the Pier Head,
where she soon sunk ; but owing to a tremend-
ous surf, which, with the advantage of tide, soon
completely rolled over her, our skilful Seamen
were um6le to put off to her assistance ; nor was
there any possibility of discovering, from the faint
glimmerings of the moon, whether the crew had left
her. Atter
,the ica had made a complete breach on
her wcather.side, she drove in. shore, with her fore
and tnizen‘masts standing, upon the Nayland Rock,
at three o'clock in the morning ; to which fortunate
circumstance may be attributed the safety of part of
the Passengers and Crew, who, had she remained
where she first struck, would, in all probakility,
.have'perished. As far as we have been able to dis-
cover, they consist of nineteen persons, and from
lashing themselves in the shrouds, ten out of the
nineteen were saved. Five perished in the main.
top, by the falling of the mast ; one lad
.was washed
overboard, and three were taken from the rigging,
Who perished by the spray of the sea, and from the
inclemency of the weather'. Every means of resus_
citation on them were used by Mr. SLATER, a Sur.
geon of this place, without sUccess. Among the
survivors are the Captain, Mate, and Pilot.

A Dutch boy, I.lden with 1 200 bags of „wheat,
bound from Amsterdam to Lisbon, parted Clem her
anchors, and came ashore under the cliWs, °flitch-
inton ; the crew and cargo saved, and the vessel
likely to be got off.
A Hastings or Rye Huy, in ballast, also shared
the samelate, and lies very near the Dutchman.—
Her crew saved themselves by taking to their boat,
and there is reason to believe that the Vessel will
be got off with very little damage.

The Atedante of i 8 guns, Captain MAPSFIRLD,
was paid off in Hamottze, last Saturday, and her
crew discharged. • Captain MARS,FIELD immedi-
ately re-commissioned her, and Seamen already en-
ter fan for her ; she has been the most" fortunate
ship since the War of any of the cruisers against
the .:Smugglers, having, captured eight sail with
nearly zooo tinkers of spirits, besides bale goods ;
'each Seaman has shared more prize money in the
last six months than his wages have amounted to.
`His Majesty's ship Clyde, Capt. LAtimouit, of
39 guns, stationed between Yarmouth and Leith, is
arrived in Grimsby Roads, for the purpose of enter-
ing volunteer seamen.
On Saturday Morning early a sloop, employed
as a lighter, and loaded with stones for the hew
dock at Leith, get a-ground at the back of the'
South Pier, and the wind increasing, with a
heaVy surf, at the return of the following tide,
she was completely wrecked ; but the sails being
previously taken ashore, were, with a part of the
rigging and materials, saved. It blew very hard
on Sunday night, accompanied with a heavy sea,
and the gale continuing to increase, the high water
of Sunday's tide exhibited a scene seldom Wit-
messed there. The prodigious roaring surf without,
composed of continued breakers, and. sometimes
rising, higher than the top of the Light-house, being
interrupted in its progress by the angle of the North
Pier, tolled into the Harbour with irresistible
impetuosity, anti occasioned such a violent commo.
tion amongst the shippiog, that many of them sus.
wined damage by their ropes breaking, and from
some of the mooring rings being torn from the-pave-
ment ; and several, to secure their ships, were obliged
to bring on• shore anchors, and fix them in the street,
and in the doors of some of the houses. In the
Sand Port there was a prodigious swell, two sloops
were sunk, and others received considerable da-
ridge.

The Edinburgh Paper of Monday, received this
morning, contains the whole of the Evidence on the
Trial before the High Court of Justiciary at MI.
hurgh.—At two o'clock on Sunday morning the
Jury were inclose.l, and were expeded to return
their Verdid on Monday at two o'clock. The fur.
they derails of this, interesting Trial we shall lay
before our Readers To-morrow.

Yesterday .a Court of DireCtors wat held at the
East India House, when Captain ROSER.T TORIN
wax sworn into the command of the Count, destined
to China dirct.

The following Commanders took leave previou,,
to departing for tlicir respedive destinations, viz.
Captain Eowa.tto CAR.s.ovotto, of the Admiral
Gardner, and GV.OttGE Goocu, of the Sir Steph,,,
LutSiagion, for Coast gntl 11,1 y.
Capt. Jotill Do alit u, of the Catrmarthrp, (cult.
I it lend mat Bengal,
io: court adjourned at six o'clock till to.mor.
row.

• morning, /tt
k.
Yesterday about two o'dlo.e, a dread,
fill rue broke out at the house of M. Hayes, Pa.
.trick.-square, near Bethnal-green, which was en.
tirely t:onsumed. A ;driver of one of the engines
on the ocasion, %it/if/tun over, and dreadfully hurt,
the t:dt tpge havini I,4sed over the whole length of
his hotly hut ligh hopes are entertained of his
tteovery,

Drury-Lane.
Tiiz-Coinedy of She Wou'd and She Wou'el:Not,
was to have been represented last night at this Thea.
t re, but on account of Miss POPE'S indisposit ion; the
Tragedy of Othello was the substitute. The disap.
pointmeitt, if indeed the Public could feel any disap-
pointment in having one of SHAKESPEARE'S best
Pieces, was by no means injurious to the Theatre,
which had a very numerous Audience. The merits
of POPE and his .Wife in the unfortunate Moor, and
the injured Dedemona, are too well known to re.
quire any additional comments.—ln consequence of
sudden illness Mrs. Pow Eta. could not perform
Emilia, and the part was assigned to Mrs. HAIL.
LowE.

Covent.Gardem,

COOK E'S representation of Sir Pertinax, in The
Man of the IVlrld, is so excellent a performance,
that otten as he has appeared in it, it increases in
its attraCtion. Notwithstanding the severity of the
weather, he drew a very large audience last night.
He atled with admirable spirit,, and powerfully
exercised the risible muscles of his auditors.—We
will nor, however, pretend to say that Harlequin's
Hateas had not weight in the attraaion, as the
motley hero has always a potent ascendancy at this
time of the year.

When the PRINCESS CHARLUTTR of WALES was
at dinner with her Governess, a few days ago, at
the Queen's Lodge in Windsor, a fine loin of veal,
with a kidney in it, was brought upon the table.
I should like to cat some of that kidney," said the
Princess. • " That I cannot grant," replied the
Governess, " for if I do, it will prevent your
growing." The little Princess was silent for a mo-
ment, and then beckoned to one of the attendants,
and said, " What a deal of kidney your wife must
have eaten when she was young." It is scarcely
necessary to add, that the person alluded to is of a
very diminutive stature.

A Bail and Supper was given by Lady .NORTH. '
WICK on Thursday last at Northwiek Park, at
which the following company were present :—The
Earl and Countess of GALLO wXy, the Ladies CA.
ROL INE and SOPHIA ST.EW ART, the lion. Colonel
STEWART, the Hon. JAMES STEWART, Mr. and
Lady ELIZAB ELH INGE, the Hon. Mr. GREYIL,
Sir Jottri and Lady DASHWOOD, Mr. and Mrs.
MOIL ANT GALE, Mr. TOWNSEND and Family, Mr.
and Mrs. DAWKINS, Mr. and Mts. MARTIN, Mr.
WEST, tWO Mr. CANNINGS, Mr. HIPP KSLE`i,
with many others of the neighbouring Gentry,
amounting ,to about so, who sat down to supper at
12 o'clock. The good old custom of drawing
King and Queen was not omitted, after which the,
Dance was resumed with great spirit till four
o'clock, when the company separated.
The latidable Institution for improving the situa.
tion of the poor Infants who ate brought up" in the
miserable employment of sweeping Chimnies, teems
to have been inspired by the benevolent spirits of
JortAs HANW AY and Mts, MONTAGUE. When we'
bee the name of ANORRSTEIN at the head of this
meritorious Institution, we may be sure that s' ..the
coldness of delay" will not'hang on it, but that, as
it is founded in Humanity, it will be supported with
zeal and perseverance.
We are sorry to find that Mr. CHativrts, of
Pall-114A, has been some time indisposed, but it is
with much pleasure we inform his numerous
friends, that his health is improving daily.

Miss WOODFALL, who performed, Adelaide in
The Count of Narbonne on Saturday last at Drury-
Lame, with so much success, is just such an Attress
as is wanted in that Theatre. Though it can boast
of some good Aaresses, they are in general too
much " declined into the vale of year's," to be
proper representatives of the younger charaders in
Tragedy.
Mr. Fool', who lately performed hamlet in so
creditable a manner at 'Drury-Lane Theatre, is
to make his debut on the Bath Stage tomorrow in
the charaCter of Abloei, under the friendly counte-
nance of Mt. PALtafirst, the Member for that City.
Poor 1"41,441.1t• wasobliged to undergo Cuppi,:g
before he could perform Major Oaily.on Tuesday
night 'at Drury-Lane Theatre.—lt was a very
different kind. pi Cupping, 'which the ,„theatrical
singer had undergone, who made his first, and most
probably last, appearance at a Eno India 'arab.-

The following Anecdote has lately afforded- some
amusement at Paris :---Two,ci;depant Friars lately
dined with a constitutional Bishop ; one of them
had been helped to a dish. which was recommended
by the best sailCe, but which, in the course of the
entertainment, was removed to sortie distance from
him : he cut a slice off his bread,.and putting it on
the point of his knife, reached over to the dish,
dipped his bread in the sauce, and began eating it.
his brother Friar was much enraged at this viola.
lion of good-breeding, and meant to rebuke him
with a sly kick under the table ; but instead of the
leg of, his brother Friar, he unfortunately. hit the
shin of his Bishop; who, though in great pain,
coolly replied—" Indeedi Father, you ought not
to kick quite so hard, it was not I that dipped my
bread in the sauce."

A French Authori•cif the name of BAitr IN, gives
the following strange account of the word Isabelle,
by whii* the French express the chm.co/our
" in zbot, says he, when the Spaniard; attacked
Ostend, at that time garrisoned by the Hollanders,
Isabelle, the wife of the. Archduke At,, I itT, swore
an Oath never to change her chemise till the City was
taken, This Princess had the misfortune of being
present at the siege, winch, notwithstanding her
royal necessities, lasted for three whole years ; so that
(says the French Writer) as f7tc may natural& con.
eeirve, her iliOneWs chemise took aye/howirb tint.
After the capitulation of the place, which presented
nothink but a heap of ruins, the Ladies in the suite
of the' Archduchess, in order to make their Court to
her, adiipted in all their dress a half-colouri • be.
,tween white and yellow, which, in honour oftheir
mistress, they called Labelle." The Didionaries
have inherited it from the Maids of Honour, and
nothing is now more classical than the term invented
by this extraordinary obje4 of flattery

JANUARY OZ.

Sewed Whalley,.Esq. a Gentleman of stime env.
nence in the 'sporting world, was indicied for
~e
violent assault on the person of Thontas
Gent. Attorney.
The case was stated, on the part of the prosecu-
tion, by Mr. Cossr, who said he was extrerneal. -
sorry for the opportunity which 'this occasion .e':
forded him, of addressing the., Court and Jury.—
The prosecution was broil& t— forward against
the Traverser, Mr. Whalley, who was. a Gen-
tleman of rank and fortune, well known to many
present ; a Gentleman, from whose education
and connexions in- life, it might have been ex.
peded, no part of his conduit would have sub-
jetted hint to the charge this day brought against
him. The Prosecutor, Mr. Thomas Haigh, a Gen-
tleman well known, and not less reSpeCtable ;n the
line of his profession, es an Attorney; a Gentleman,
of whose charaaer and conduct in life hesvieuld speak
from his own personal knowledge ; and who, if it
should appear that no part of his conduit hid justly
provoked the treatment he had received from MV.
Whalley, must.be considered as a man most severely
and grossly ill-used indeed.
Mr, Thomas Haigh was then called, sworn, and
examined by Mr.ALLET. He proved that behadbeen
employed as an Attorney, to draw deeds of partner.
ship in the property of a Patent Medicine, between'
the Rev. Mr. Barclay, and his son-in-law, Mr.
Whalley, which latter Gentleman he had known abOue
three years. That three several drafts of a deed. hid
been drawn up, at his instance, by Mr. Plovederet
an eminent Conveyancer, to which Mr. Whelk,'
made successive objedions ; and. from time to timf
deferred the execution of the partnership, which in-
duced the Witness to remonstrate with, him, on he-
half of Mr. Barclay. In consequence of which,
Mr. Whalley took some offence, which induced '
the Witness to decline any further interference iti
the business. He came to the affair of the z6th of
May last, when the'ground of this prosecution took
place. He had previously furnished his bill df
costs in this case; and he attended a meeting, hY
desire of Mr. 13arc1ay, at his* house. As Mr. Bar-
clay sat on one side of the fire, and- the WittlesS,
on the other, Mr. Whalley shortly afterwards cant
in ; and some few minutes being elapsed, he pulled.'
out the bill which the Witness had ftirnisbed,
and said he was glad to see the Witness there, 89
he might give some explanation on the items of
the infamous bill he had charged. Witness an- •
swered he had no objetion to give any necessary
explanation of his bill ; but that was not the species
of language in which lie had been accustomed to be
addressed ; nor-was it becoming from one Gentle.
man to another. Mr. Whalley replied, by calling
him a rascal, ecoutolrel, and many oilier opprobrious
names. To this Witness rejoined, such language
was only becoming a stable-boy ;it was not 00
language of any man with whom he had been acCus.
tamed to associate ; and it was beneath the notice
of a Gentleman, and, therefore, he should pass it
by with the treatment it deserved. Mr. Whalley
then-stood up—scrossedbetween the Witness and the
fire-e-repeated
.hisopprobriotis language, in a manner .
still more violent ; anti said, if Witness would not
take the law, he would give him a sound threshings
, Witness answered,' he must be mad to suppose ellet •
one in his circumstances, deprived of the use Or ono
arm, and in danger of far§e consequences from the
slightest injury to that arm, would pit himself,
personally, as an antagonist against a man of Mr.
Whalley's robust and athletic strength ; certain-
ly he should take the law, if Mr. W. presumed 50
offer him any violence. Mr. Whalley then put his
hand in such a manner as to press tine par; of it
on the Witness's chin, and the other parr WI ~,
disabled arm ; he would not say with intent to hurt
either. He put hid own hand against Mr. WhalleYs
to guard his arm from injury, when Mr. W. in'
SBttrailkitelY;lsl2:ldnd) 4:n\s Vtahnatti,yyou scoundrel, do you dare to
on strucktl
clenched fist, a violent blow the
Witness,,noseandh
imouth,t
so as to break a tooth in the one, cut both ,
lips, and bring the blood flowing from his 003e*
The Witness then seized the next weapon to him,'
which happened to be a candlestick (a large pieta
one with a square foot, the fellow to it was
produced in Court), and in his lef`ence struckw
twice at Mr. Whalley. ; he verily believed, that
either blow, had it taken place (which, fortue
nately for Mr. Whalley, and much to his own pre- 's
sent sarisfadion, was not the case), would have been
fatal. Mr. Whalley then seized a poker, and with it
struck the Witness,. several severe blows oveL the
right arm, while he endeavoured to defend his head
and other arm ; arid afterwards Mr. Whalley beingtr
by some Means, deprived of the poker,, seized the
Witness by the throat, against which ee violently
pressed his knuckles ; and while he kept him in
that manner with one hand, continued beating
with the other fist about-his nose, mouth, and neer. .
Witness said, that such was the situation of his left
arts, from a former unfortunate accident, and so
quisitely sensible -to every touch, that the slighrele
shake must put him in the most itnmioent riik Gf
bursting an artery, and either bleeding to deaths
or suffering immediate amputation. The
sequence of the treatment he received from Mt'
Whalley was, that he was three days confined t°
his room ill, and unable to take any other srlstc'
nande than spoon.tneart his nose, mouth, and throat,
were much =railed anti swelled ; the uvula con9i•
dent* iefierned. and elongated ; anti his situatisen
*eel!), 'required. a much longer confinement to hi'
room; had not his professional duty unavoidablY
obliged hind, 'on the fourth day, to attend a Statute
of li.mkruptcy at Guildhall.
_ _

Surgeon Hurst gave testimony to the injury Nif•
Haigh .had sustained.. Evidence for the Crown being hire closed,
Mr. SILVESTER addressed tl)e Court and It
on behalf of his Client, Mi. Whalley, and the"
provmeded to examine

- The Rev. Mr. Barclay, who corroborated Mr°
Haigh's evidence up to the meeting at his house
on the 16th of May ; but he could not swear whe-
ther, or not, Mr. Haigh had struck first. When Mr`
Whalley stood with his back to the fire between Mr.
Haigh and him, he heard him use abusive languor,
and then he staggered two or three steps towards him,
as if puttied by Mr, Haigh ; but he could not.sweat-

I

ti

o

M
hii
rte

di
da
a

Y!

1
0

to thit. The scoge immediately began, and several,
bloNs were exchlnged, Mr. Haigh still sitting
down. He saw Mr. Haigh make a blow with the,
candlestick, which made a deep hole in Mr. Whal-
ley's hand. ,The second blow must have split his
skull, had it taken place, as it made a deep indention
in a mahogany tabk 'Upon which it lit. He *aw.
Mr. Whalley take up the poker, but did not see,
him strike With it. The rest of his testimony in no
respell opposed that of the first Witness.
Mr. ALLEY addressed the Court and Jury upon
.the evidence before them, and made a very warm
and feeling appeal upon the gross, wanton, and
flagitioui injury that had been sustained by his
Client. •••
'7l"he Chairman observed, that the eloquence of the
Counsel had in this case served but to puzzle 'and
Perplex a case, of itself the most concise and simple
that could be. He then shortly recapitulated the
circumstances of, the evidence, and Said, the only
Point for the Jury to consider was, whether or not
they believed the -testimony of Mr. Haigh, which
stood wholly uncontraditled.
The Jury, without hesitatiod, returned their Vet.,
'IVA Guilty. Mr. Haigh relinquished his adion for
damages, and the Court sentenced Mr. Whalley to
a fine of sol.
Several Chamhtrs in New Inn have been broken
open and robbed of property, amounting to con-
siderable sums, in the course' of last week, in the
middle of the day.

•
IitaIt.IOO.OVOILSTREET.---Yesterdav Mr. Wit:
liana Pearce,' the person in custody, for firing at and
Shooting at William Cobb, a butcher in Npry 1e
bianne,street was. brought up for re-examination,
when Mr.leteowLys, as Counsel for the Prisoner,
-very ingeniously attempted to prOve the want of
'malice in this transatlion, from which he con-
tended that there was no authority that intitied
the Magistrate to commit, under the Black Att.,—
the Magistrates were of opinion, that from the
114rute of the evidence adduced, there was sufficient
rounds to cnmmit him, fully to take his trial ‘‘ for
Malicinusly shooting at, with intent to kill," which ~ is a capital offence under the ad .commonly called
the Black Ad. Mr. Pearce was committed to New.
gate,—,Misti lohnson, the ther.amie of Pearce, was
committed to the New Prison, for want of sureties, •
at emit Cobb is pronounced out of danger, of which
eVent there is little reason as yet to entertain much
ltpe, as the jaw.bone is considerably fraftured, and
a part of it has been taken away. ' •
taesday Thomas Johnson, a Gentleman's coach-
rna 'I, was charged before Mr. KiteNAt RD, the Sit- ..
ting Magistrate at Marlborough-street Office, with
extreme and wanton cruelty to one of his master's.
coackhorses ; in the course of the exercise of which
bathaity, he gave the poor, but fitse animal, so vio-
lent ablow with a large stick, a; to break the
gristle of its nose, from which and the other severe
Strokes he had so brutally given, the hOrse was not
ktpefted to live. Mr. KIN/lAIRD reprobated, in
the strongest terms, the savage conduti. of the Pri.
loner, and as an example to others, ordered him to
be confined to three months hard labour in the
Muse of COrredion,
UN tow.l-141.L.—Yesterday Scraggs, e two
l'ilayers, the men who are in custody on suspicion of
s"g elmcerned in the murder_ of Mathews, the
IJUtivich Fhrtnit, underwent •ii long private exa.
rnination, and were again remanded for a further
cx'rnindtion, when we understand it is supposed
sortie tnaterial evidence will be brought forward to
.orroborate the circumstances already known of this
teliuman transaainn• - .
A y
•
flung n
Lady
aP of the name of WALSTEINt has
with cbare
greatd inSti Dubli both in Comedy and Opera,
:cCess.
__ great number of designs hive been exhibited
illPsris for the Medal which is to be struck in
booms; of the Peace of Amiens.
, :4ee A LnY s RE n x No, the I tern of Switzerland, before
tnek an aetiee' part in defcece of his Country,
pi:lmade up his mind to every' 'sinister event,
t.g asked by. the French Minister to repair to
is) he nobly answcred—ii No—never,.except in
Cualt•l6..,
.•
en Tu ,1
fo,e. ~. ;.ay last, about eleven o'clock in the
10,14c,`,)A,as ", James Bolton, map.painter by trade,
'I
at- Ntr Reel Lion-street, Holborn, an
inde,4s:l.',. ' !$*
:hild • ..Y;•Yoting man, with a wife and four
t,e
,ren; whom he maintained in a decent and
ditable. manner, was employed irsr his business,'
1.).. hest ,
7 ttng some preparatton they make use of,
It unfortunately boiled. over. In exerting them•
the to extinguish tee Rattles, which threatened
, c hclime, the husband, wife, and all the chil.
..4.rep were Most dreadfully burnt ; the youngest
Child, lying in the cradle, it took are, and the
"r infant was literally toasted alive. The bus..
right hand and Sly
are almost burnt off; :and
here are little hopes of his surviving J. the wife and
ovtiltleorlethurne;o'crlttildren are shockingly burnt ; and the
onate family Inew's Hospital, havin b i
ate now in St. Bartholo-
'tlOthec, fil-,_, g), y t )is.accident; lust their
iit• this. worldn.iture) and every comfort they Pouf"
iOn 'fiuy.l last ,„ ---Lay , Sir CHARLES DAVERS, Bart.
iiushbrotik, in going up to the side of a horse in
ii,• Fable the animal took fright, and kicked at.
)112 several times with great violence, by
feeeived a severe blow nahich he
ere on the stomach, but we are
,PPY to Bear that he was not materially injured,
ss now in a state of recovery. •
we Sure tittle since, two genteel.looking young men,
t.,',l' Ptetetided to have been Merchants, and about
t;') establiah a verp extensive concern, opened , a
munting-hons in he neighbourhood of Camomile.
at Eishopsgate, and Iminedhitelygave an order
.ur 4 lay quantity of goods and furniture to some
I.l:44!strien .m. Moorfi.elds,. who sent. them in .but alp
-' 4Pornino after, on inquiry, they /wind the
*l-nll6 '
Inflows shut up, and the young Merchants de-
it kepe ...--
tt •
with their booty, to .a very considerable
ti.teteurtt.
'
The following is an afriling instance of itmortaly
If en.„ ,•, .
If .' urrillY. Mr. Henry, Ratcliffe, innkeeper, of
4slingden in Lancashire, had four children's the
olde '
f 'r) (about eight years of age) was buried on
...0.:
,„_.**4l-nas day last, and on the Mondayliollowing,
"*Writlin int three died-within -a few hours of each
6ther, ' ,

ID

YrSTPRDAV the Sessions commenceti at this place,
before the City Officers, the Chief Ilaron 1,1 the
Exchequer; Mr. Justice RoOKE, Unti.Mr% Justice
lAwßtlsrce.

.George Dtston was indi&ed for stealinl a Coat Of
the value of 38s. the property of John Somers and.
John Prosier, privately in their shop. ' .
It appeared in Evidence, that on. the zzd of De-
cember -last, two boys ..came to the Prosecutors'
shop and-asked, " if they had a waistcoat like that
which one of them had en ?" and they said " they
believed they,had not, but would look." They staid
between four and five minutes, dUri'it which they
kept the door open, and stood so between them and
the door, that they could not. see it : as they ware
going out they said " they wouldgive him no far.
ther trouble," and just as they had gone- out a con-
stable brought the prisoner into the shop with the
coat in question; which he had upon his arm; and lie
took-him-On 'suspicion. The coat was proved to be
the property of the Prosecutors, it was made by
them for a Gentleman who was a customer of theirs,
and had been put by in the &hop for the purpose of
being sent home to that Gentleman.
- - •

The constable, George Dora/dron, proved that he
apprehended the Prisoner in the Strand, near ,the Pro-
secutors' door, on snspicion, from the manner he
carried the coat, that he had stolen it, and the rea.
son why he did not stop two boys who came out
of the shop, as theTroseeutorsdescribed, was, that
he thought they were coming, out in. pursuit of the
thief.
There was no doubt that the coat was stolen
while the boys were talking to.theProsecutors about
a waistcoat, for they had seen it. in the.shop a minute
before, but they did nut see the Prisoner in the shop,

•
Mr. Justice ROOKE told the Jury, that this was an
indilment for' a capital offence, upon a Statute of
King WILLIAM, which enaded, " that if any one
shall steal privately in *a shop or warehouse, 'to the
value of five shillings, such personAuill s'uffJr death;"
but the construaion which the Court had. put upon
.that Statute: was this, that at the time,of the steal-
ing, the goods must be in the shop pr sale ; now
as this coat was bespoke and made up for .1 Gentle.
man, and was put by in the shop, and-kept fcir
until a time should come when it might beconve.
nient to send it home, the
.article 'stolen could not
be said to be in the shop, fOr sale, and theiefure the
case•do not come within the meaning of that Sta.
tute, lso that the Prisoner was entitled to an acquit.
tal of the capital part of the charge.
Two Witnesses, gave the Prisoner a good cha-
raacr, said he had been for, many years to sea, and
was looking out fur a birth, and that in the mean
time he was supported by •his father, who. was a
Gentleman's servant. - •
Guilty of stealing, but 'hot privately in the shop.

Catherine Martin was imilined fur stealing 1 z
Penny-pieces of copper,' three Bank-Notes of the
value of tot._ 51. and 21. and two pieces' of paper,
the one a Memorandum, the other a. Check upon a
Banker for 61. Bd.. the property of Charles Cross,
in his dwelling-house.
Mrs. Mary Ann Lross,• the Prosecutor's wife`,
said, that her husband's house is-No; 14,- -Chaste-
pher..street, Finsbury-square, in the Parish of St.
Leonard, Shoreditch, where'they keep a school.---
On the Bth of Dec. last, between eleven'and twelve
at night, she put the BankdNoies above stated, to.
gether with the Check upon the Banker, and a pri-
vate Memorandum.paper into a pocket- book, and
left.it in a,desk in the study On the following
'morning about. nine .o'clock, she missed the contents
of the book, and also twelve Penny-pieces she had
left on the desk in the study ; that as her own ser-
vants were not well; she. had hired the Prisoner .o.
a Chai r- woman, ands she had slept in the house one
night : she suspeded the PriSoner, and insisted on
searching her, which she did as .well -as she could,
but not being used to any thing of that sort, she
could not do it effectually--she foinid nothing ; she
was not satisfied with her search, and, therefore sent,
for the Beadle,. who being buy about.:sornething
else, did not come until the afternoon, tinit'in the
mean time, - the Prisoner was allowed- to go. about
the house to scour the rooms, 3ce. :Who the: Bea,
die came, he insisted on' searching her, Which, she
resisted as much as she could, insulting, that all the
children in the school-room should he searched first :
the Beadle searched her and found the two pieces of
paper, the Memorandum, and the Banker's Check for
61. Bd. in the Prisoner's possessiorfe-rMrs. Cross
.swore to both the paint's.
. James Black, the Beadle, gave an account of his
searching the. Prisoner she was very unwilling to
submit to it, insisted. that all the scholars in clic'
school- should be'-searched tirst—but he said he
.would search her first ; he found down her bosom
these two paperi;the Memorandum and the Check,
but nothing else except three Penny-pieces. Before,
he searched her, he asked' her, Whether she had any
papers about her ? She denied that she had any.
The Prisoner said in her defence, That she picked
up the, two pieces of paper on the stairs as she came
down, and put them in her bosorn;'-ivith intent to
give them to her Mistress, and that she told the
Beadle so before he . searched her.—This the :Beadle,
denied.
•

Mr. justice LAWRENCE said, that this was an
Inditment for a capital offence, and the only ques.
tions were, Whether, from the circumstances of the
ease, of the property being put into a pocket.hook,
and left in this desk between eleven and twelve at
night* *and missed at, nine the following horning.;
and two pieces of paper, the Memoundurn and the.
Check, which were put up with the three Bank.
Notes, being found in the bosom of the Prisoner,
after she denied having them, and resisting search
Whether, after she had been ineffectually Sebirchtd,
and going about the house for Several haucs'before
the. Beadle came, she might not have digitised of
the'Notes, and whether the Jury were satisfied that
she stole the Notes, as well as the Check and Me.-
morancluto. Guilty, Death--aged 29.

.70b17 Williams _was charged wit', capital of.
fence, in kloniously stealing in the dwelling-