The Sun.
London, England, 1804-02-18 00:00:00

OLD BAILEY.

THIRD DAY.-.-F.RIDAY, FEB. 17.

George Sm;tk, who was acquitted last Sessions on
a charge of forgery, in consequence of the absence
of a material witness, was this day tried upon the
capital charge of illegally returning from Transpor-
tation it appeared that in the Sessions of January,
1802, he had been capitally convieto on a charge
of stealing in a dwelling-house to a- considerable
amount ; that in consequence of the lenity of the
Sovereign, the usual penalty for such a convielion
was Commuted for that of transportation, and he was
father favoured by heing permitted to transport
hirnsell.- However, it clearly appeared in evidence,
that in some. time after the:period when his bani,b-
ment was to commence, he was at large in the
county of Middlesex, and was at length apprehended
in Gray's Inn-lane.
In his-defence he put in a written paper, which
'was,of some length, and the objet of which ap.
peared to be to obviate the imputation of any cri-
minal or illegal intent on his part : it stared his
being a Lieutenant in His Majesty's service in the
Lincolnshire Militia, and described the difficulties
which he encountered,, in endeavouring to obtain a
passport, which at length constrained him to repair
to. the Continent without one, It adverted to the
ill-treatment he experienced in'France, particularly
at Calais, in consequence of being without a p
port, but, in. particular, it was asserted, that he
had the offer rank in the French service, which,
as a Briton and a faitlitul suli.6l of His Majesty, he
spurned at, and accordingly returned, though under
unfavourable circumstances, to E,,gland. It con-
cluded with expressiit the Prisoner's hope, that the
faits set forth would incline Government to a fa.
yourable consideration of his case, -Scc.
It was observed from the Bench, that whatever
weight the consideration of the alledged fats might
have in another quarter, it could have no effect as
to the Verdict of .the Jury. _ _

He w.s, without hesitation, pronounced—Guilty

—Death..

Maria 4 outt,,, a young woman of very genteel
and interesting appearance, was charged with felo-
niously stealing, on the 7th of January, the furni-
ture of a four-post bed, the sheets, blankets, and
quilt of the same, the property of Harriet Harrison.
The Prosecutrix, it appeared, lives in Warwick_
street, Golden-square. On the 31st of December
last, she let the apartment whence the goods in
question were stolen to a woman of the name of
Herbert : this personage, she said was very foe-
quently visited by the Prisoner, and, on the day
laid in the indiament, she observed her go out with
s large bundle, but she could not see the contents ;
she followed the Prisoner as far as Carnaby-street,
but circumstances intervened which prevented any
discovery from being made at that time. In about
a fortnight after this transaftion her loe,gr, Miss
Herbert, quitted, and has not since been heard of
by. her. On entering the apartment she immediately
missed the articles specified the indictment. It
however appeared, that a P wnbroker's duplicate
was found in the lodgingsct- the Prisoner, who had
been apprehended on suspicion of the theft, which
was fur one of the articles which it appeared had
been pledged in the Prisoner's name. The Pawn-
broker who disbursed the nymey on the article was
brought forward, but he decined positively saying
whether or not the Prisoner was the person who
deposited it, and some of the bed furniture was
found in the Prisoner's room.

In her defence, she said, that she worked at her
needle, &c. that she had dealings of that kind with
Miss Herbert, on which account they often were
necessitated to go to each others places : as to the
articles found in her apartment, she knew nothing
of them, but possibly they might be brought there
by Miss Herbert.
Mr. Baron HOTHAM charged the Jury, and ad_
vetted to such points of the evidence as implicated
a suspicion of the Prisoner, and also to such con-
siderarions as operated in her favour.
The Jury, after conferring some time, pronounced
the Prisoner—Nct

Abraham Cocker, a Jew, was imikled for stealing
vari.ius article; of jovcllery, to the amount of 301,
the property of Thomas Sutherland and W. H. Wil-
son.

Mr. Thomas Sutherland, a pawnbroker, residing
in Vigo-lane, Sr. James's, stated that he had seen the
Prisoner two or three times preceding the 28th of
January, when he on that day came to his shop, and
he then understood him to be a West India trader.
He looked at some articles of jewellery, but stated
he would call again in a few days. He came again
on the zd of
.February, .and looked out articles of
jewellery to the amount of zool. which he bid
1951. for, which was refused. He then looked at
some interior articles, fixed on some of them,
and said, he would call fur them on the following
day. From his not appearing, the Prosecutor enter-
tained some suspicion. He examined the cases
which were shewn to him, and missed the property
stated in the indiament. He gave a description of
his. person to the trade, and was in a few days
sent for to Mr. Dobree's, a pawnbroker in Ox-
ford-street, the man being there. He then gave
him in charge of an 9fficer.
Mr. Dobree knew the Prisoner for some years.
He offered him a silver Opera ticket, since the Pro-
secutor had been robbed, .but he did not accept it,
with the inscription Feb. 97.

James Kennedy, the officer who had him in cus-
tody, searched him, and found in his pocket an
opera.glass, and the above opera ticket, which were
:produced.
The Prosecutor swore to the glass, and had every
season to believe the ticket was his property, he
having lost one from amongst others, which answer.
ed its description.
The Prisoner, in his defence, stated that he had
bought the glass, amongst a lot of goods, four months
since, but of whom he, knew not.--Guilty.