The Sun.
London, England, 1804-01-12 00:00:00

CUTTING AND MAIMING

j'ereei a b James Draper, Edrward
Tafrar, and J ant Newman, were indiaed, to_
getlier with another person, who is not yet taken,
upon an ACI of Parliament which was passed in the
last &lion, against the thaliciouS- sho.qing, stab.
ing or cutting any of His Majesty's subjects, with
intent to do Ahern any grievous . bodily harm, &c.
making such ads, or either of them, a capital
offence : an Ad which was brought into Parliament
by Lord ELLENBOROiICI-i. The indidmmt charged,
that Jeremiah Cornellie, James Draper, and Edward
Taylor, wilfully, maliciously, feloniously, &c. cut
Boatman, with intent to do him a grievous bodily
harM, &c. and that John Newman was privy to
their design, and advised them to commit the crime,
which is what the Law calls an accessary before the
fad.

This was the first case upon this Statute, and the
following is the substance of it, as it appeared in
evidence, and from the opinion of the Learned
Judge.
It appeared in evidence, that certain Officers of
the Police of the -City, from Hatton-garden, went
into several Public-houses, under the authority of a
search-warrant, to search for disorderly persons,
and that Boatman was one of the Constables who
atted under the authotity of that warrant, and that
he was-cut in the course of his executing it.
Samuel Bridgman produced the search-warrant
under which he And others, among whom was Boat-
man, aced, which warrant was proved to have been
signed by the Magistrates of the Police Office, by
the evidence of the Clerk of that Office.
Bridgman,- the Police Officer, said, that he went
some time ago to Old-street, in obedience' to this
Warrant, having desired other Constables to attend
him for his assistance—Boatman was one of them.
They went to a public-house called the Cock and
Bell, where they saw the Prisoner, Csrnellie, taking
a pint of beer in the bar--Bridgman apprehended
some persons there whom they thought proper ob.
jets of the Law against disorderly persons, and they
took them to the wateh-hoitse; he sent Boatman and
other persons with them' to the watch-house. They
then went to the Oxford Arms in the same street ;
and as they went, they saw Newman in a box with
many suspicious characters ; they also saw Draper
there. Newman said, " D—n the High Con.
stable," and used other expressions which are. fa-
miliar to persons of his description. They came •
us' to Diaper, and all was still then ; they told
Draper that they were come to execute a Search
Warrant; and Bridgman, who hod known Draper
before as well as his family, told him that he must
not be partial in the execution of it, meaning that
he could not favour Newman. "Upon which New.
man abused the constable very infra, both by his
name and by his office. 'The Cc.,.7lsfable said he
must take him into custody. Newman
" D—n the High Constable and his Traps," Mean_
ing the Officers of the Police who executed "the
Search Warrant. Newman rushed out of the box,
and putting himself into a posture to strike the
Constable, he was soon secured. But he said to
the others, that they were all a set of fools to suffer
thernselVes to be taken, and with many impteca.
Lions, he said he would die firs:: A confusion then
arose; they seized Draper by the coat, but he got
away after his coat was torn. They took Newman
to the watch-house, and then went to another box,
where Draper had got to, who pulled out a knife;
and said to the Officers, " I will cut your bloody
liver out." But he could pot open the knife; he
was struck on the arm before that could be eEded.
He was seized again. Newman was at the watch_
house at this time,- where he continued to abuse the
Chief Constabks and Officers of the Police. The
Officers informed him after wards, that Boatman, one •
of the Constables, was cut O-and that Corneille was •
taken, and that his hand was bloody. Newman
said, " I wish he had cut his liver out," and used
expressions which were more shocking than even
the Officers of the Police ever heard before. Cot-
nellie said, some of the bloody traps had done it.
One of the Constables said that was impossible, for
that neither of them had any instrument to do it
with, on Which Cornellie the 6 said, that it was cut
with a glass.bottle. Newman was a noisy, idle,
disorderly fellow, but he was taken into custody
before any body Was wounded.

Thomas Miers, a Constable, gave evidence that
he accompanied Bridgman to execute this Search.
warrant.—They went to the Cock and Bell, and to
the Oxford Arms in Oid.street : They saw many
disorderly persons there, among them Draper ; they
said to hint,
," You must go with the, Constables."
—He said he would not ; he then made a lounge at
the Constable, but missed him. Newman at this time
was making a great riot.

Another Constable who accompanied Bridgman
to these public-houses of the Cock an,l Bell. and the

Oxford Arms, said, that as they were going up
White-cross-street, Corneille and Draper and others

formed themselves into, a line.

'The Witness went

up to Cornellie, hut was immediately knLcked citiwn

and severely hurt., Draper struck .him several times
over Contellie's shoulders—Boatman was there a6t.

•
ing as constable. When he was bending dawn, the
Witness heard a
,person, he thought Draper, say,
" D—n Lis eyes, cot him!" The Witness was
wounded; he ran . away, got. to a grocer's shop
where he took shelter, anal afterwards went to an
apothecary's shop, :wherefhe was dressed : he was
some time in the Hospital in consequence of his
wound.—On his cross-examination, he said, that
he was in great agitation when this happened, but
had a good opportunity of seeing the prisoners,
and he knew Draper well„before, and believed he
was the Own WhowoUnded him.

Samuel Juniper, another Constable, accompanied
the rest, and among them Boatman, to execute this
Search Warrant. • They went first to the Three
jolly Butchers, and there they saw some disorderly
rersons, one of whom said of the Constables, " they
are a set cf thieves, and I will cut their livers out ;"
be believed Cornellis said this. (This was only to

sh:w there` were di-si•Ve persOns iri. t
well a; the other house,.)
It then.appeared that Baattan was ittoonded in
this scuffle, and the three Prisoners, Carriellie,
Draper, and Taylor, were aPprehended and taken
to the N't7atCh-hotiSe. Newt u: bad been apre-
hernled before.
Mr. Smith, a Surgeon, swore, that Biatm2ii's
wound wa3 occasioned by a sharp instrUthent; that
it was several inches long and one deep.
Some WitneSses appeared to the charader of Ness.
roan, whose testithony went to prove; ;that he was
not a bad man when sober, but that 14 ivas much
given to drinkiog, and that when intoxicated he
was boisterous and troublesome.
The Ca P2F BARON observed to the Jury, that
the Prisoners ti, ere indided Upon an .Ad of Parlia-
ment of a tecent dare, and the itMit-talent stated,
that on the third of Novo-Tiber last 'they maliciously,
wilftilly, and feloniously, Made tin assault on Thomas
Boatman, and struck him with intent, him the said
Thomas Boatman, feloniodsly, unlawfully, wilfully,
and of their malice aforethought, to kill and mur.:
der, and that the other Prisoner, Newman, was ac-
cessary to this crime before the withresped
to Taylor, there was no evidence against hiin; no.
thing appeared more than that he was apprehended
with the others, and therefore he would be entitled
to his acquittal.
This ooliarrient was founded on a recent
Judge Statute?
for which the Priblic were indebted to a Noble and
Learned (Lord ELL El`o3ol:otrtH), who first
proposed it to Parliament—who saw that the livei
of His Majesty's Subjeds were often exposed to
grievous ihjiiries from crimes of the Worst kind, loit
the perpretrators of them were not sufficiently pu-
nished, because the party •injured happened to escape
death, although death was intended by the perpe-
trators of the deed; and therefore for the further
protedion of His Majesty's Suljeds, this Aft was
brought into Parliament by that Noble and Learned
Lord, and passed with veiy general public approba.
tion. it provided, that if any. person or per Sons
shall wilfully, maliciously, unlawfully, and feldi.
niously shoot at any orii.e of His M ,jesty'i Subjedi
(which was not the present case), or shall Present,
point, or level, any fire arm:, and attempt, by
drawing a trigger, &e. (which was not the preseni
case); or shall wilfully, orthwitinvs
and feloniously, stab or cut any of His Majesty's
Subjects, with intention to murder, rob, or
disfigure, or d any grievous Bodily, h.tftn to any
one of His Majesty's Subjects ; to prevent ,be
apprehension of ilfoolers or accomplices, or otht•ti.
wise, shall he guilty'of a capital off nee, and shill
suffer death, &c. His L odship observed; chat by
the Law, as it stood before, it any one was wound.
efi by' another,' who was in the par Suit of an
lawful. purpose, and the person so wOwidrd was to
die within a year and a day, the per Son who in-
fioded that wound would be guilty of murder.
--His Lordship thtrt summed up the whole of
the evidence, and mile obsrrv,,,ion, on
the material parts of it, observing, that if the
parties had one common 'purpose, that they torte
equally intent on biliding this woond, no !natter
which of them did it, they were all
But it was possible for onz man to intend to oosot
0-lc...Officer with an instrument, so as to the Of-
ficer some grievous bodily har.n, and another was
determined to resist only ''with his fist or a stick,
but not so as to do the person whom they assaulted
any grievous bodily harm. The former of these
would come within the meaning.of this Act of Par-
liament—the latter would not. As to Newman, the
Learned judge thought it would be too. great a re-
finement upon reasoning, to conclude that what he
said before this fact took place, Wa3 the cause of it—
what Newman said was to he considered as the bias-
terhaz and boisterous language of an ale-house
squabble, by a mar, who had,the folly to give him.
self up to drinking. The questions were, first,
whether the Jury were satisfied that Draper infled;
ed the wound—secondly, if he did, whether they
were satisfied that Cornellie had the same view and

objet} as Draper, namely, that of cutting Boatman
with intent either to kilt hint, or to do him some

grievous b:dity harm.

- The jury found jercrniA Corneille Gu;lty—Jas.
Draper GuJy, Death—Edward Taylor and John
Newman Illct

job,: Lindsey was indided for burglariously
breaking and entering a dwelling house, with in.
tent to steal, &c.

It :appeared from the opening that the Prisoner
was apprehended in the.garden of the Prosecutor's
house, at a late hour, by the watchman'; that the
family was alarmed by the noise, went to the win.
dow- which they found'to have been opened. The
Prisorier•dropped an iron crow, which was applied
to the windoW, and it fitted the tnatk ; it was
stated, but there was no evidence, that the Prisoner
entered the hOuse.._

Mr. Justice 'RoorcES.iid, Upon the opening of -
the Counsel, this c:ie could- not be made out. The
Prisoner was indiard for the crime of Burglary,.
To constitute that offence, it was- necessary there,
should riot only he a •breaking of the house in the
night time, but also an' entering. To constitute that
entering,- it had been held sufficient that the hand or
any parr of the body be put en the inside of the
house, hut some part of the body must enter the house,•
before hurglary- could be committed. Here it WPS
Manifest from the opening, that the window was.
opened-, but there was no proof of entering' the house ; •
and therefore the Prisoner was intitled in point of•
law to his acquittal4-7.-No.Guihy. • • • -

• Rebecia Sta,y;fortk and Mary Smi/h; were charged
with a cdpit4l offence, in feloniously stealing, on
the 3oth of December,. the SUM of 891. sg. the pro.
perty of William Hauxwell, privily from his per-
son.

It appeared in the course of the evidetici, that
the Prosecutor (a young man, an Officer rOn board
an American Ship), was accosted by the Prisoner,'
Mary Smith, in the Strnd, about eight o'clock in
the evening of the 3oJi of December. She a:iked
him to go home, with her, Which he, ill-advisedly,
consented to. They went to the house No. 5,
Vine-street, and retired to a room up two pair of
stairs. Smith calltz:l to the; Prisoner Staniforh,
who was in an adjoining apartment, and desired her
to come in. The party agreed to drink same gin

Ppotietitor of course treated ; wad
r;laty Srnih W 33 dispatthed -with"-liall-r-erown to
purchase, the liquor. The Prosecutor solaced hire-
sell with Rebecca Starliforth while Smith was ob.
sent. She went out very soon after. Smith then
-came in, and in a minute or two after the Prosecu-
tor missed his purse. He told Smith of the 'circutn-
stance, and that ii contained very near too guineas.
Smith expressed her astonishment at the loss, and'
protested that she knew nothing of it. The Pro-
secutor instantly gave the alarm, And had Smith
de-
tained ; upon whost person, however, nothing be-
longing to him was found.
On the following night, it appeased that the Pri-
soner,_ Rebecca Staniforth, was apprehended. She
was taken by one of the Witnesses, a Watchman,
in company with a
.young woman of the name of
Wilson; they were going into a public-house in
llandOs-Street. At the moment the Watchman
lair hold'of her, Staniforth dropped a purse, which
was picked up by Wilson, who said, she made free
with only one guinea of its contents. She gave the
purse to one Elizabeth Phillips, in whose possession
it was afterwards found by Donaldson the Officer :
it had been deposited by Phillips, in an artful man.
ner, under some boards. It contained, wheh found
by the Officer, seventy-seven guineas, and some
half-guineas and seven-shilling pieces. The purse,
on being shewn to the Prosecutor, was at once
recognised by him, and one of the guineas most
satisfaaorily identified by him, as-bearing a very
particular mark. ,
Elizabeth Manning, who keeps the house Nc,. 5,
Vine-street, 'stated, that when the' Prosecutor
brought Smith down stairs, and complained of the
Robbery, he did not charge her, Smith, with being
concerned.

Mr. Justice ROOKS charged the Jury upon the
ease :- he thought there was no evidence against
Smith, and pointed out such circumstances as tend-
ed to affea Stitt-Ilford).

The Jury, however, found both the Prisoners
.iVot Guilty.

Jahn Pugh and Matthew Miller were charged
with feloniously stealing, on the 3oth of Aptil,
right gallons of red port wine, value 405. the pro-
perty of John Garcias.
In this case the Indictment was stated by Mr.
Qtrarrzy, the junior Counsel for the Prosecution,
anti the 'circumstances described by Mr. KNAPP,
who observed, notwithstanding its obvious import.
ance, as involving the question of the fidelity of
servants intrusted with property to a very consi-
derable amount, the circumstances 'of the case lay
in a very narrow compass: these will appear by the
following statement of the evidence.
.Mr. Garcias stated, that he lived in Finsbury.
square; that about the latter end of April last he
employed Messrs. Wilde (eminent wine coopers and
merchants in St. Martin's-lane, in the City) to
bottle three pipes of wine for him. Accordingly
these Gentlemen sent their servants, the two pri-
soners, for that purpose: he saw them both in his
Cellar. After the work had been finished, they
altmvied him 13 bottles, which they said was all the
grounds whieb cane di, and which rather surprised
fiim. He thought the pipes were placed in:a very
odd manner; but this they described to be the most
proper position for the purpose. He observed the
Prisoner Miller rather officious about the pipes,
&c. but which, at the time, he attributed not to
design, but to his possibly having drank rather too
much. He examined the chalked marks on or near
the binns, which it is customary for those employed
to make of the number of bottles they fill, and
these he found to correspond with the number of
bottles in the binns, but of these he found that zz
were broken ; the whole amounted to Ist dozen
and nine bottles.

Mr. J. Wiide stated, that he is in pa7nership
't%rith his brother Mr. Thomas Wilde ; they are
wine merchants and coopers in St. Martin's-lane
the Prisoners were both their servants : Pugh had
been with them twelve years, and Miller more than
six. On the• 30th of April last they were sent to
the house of Mr. Garcias to bottle some wine; he
stated that a pipe of wine, when full, aught to yield
sz Ezell; consequently the three pipes should
have' yielded 156 dozen : he was surprised at hear-
ing there were only 13 bottles of grounds—the
quantity of wine in question should have yielded
three times as much. When the pipes were brought
to his house they were entirely empty ; the ullage
or refuse of the wine was at an average between
three and four gallons per pipe.

_
Thomas Self-wood stated, that he was carman to
Messrs. Wilde ; he had been sent to Mr. Garcia's
in. April last, on a Saturday, to fetch home three
pipes. He accordingly went thither ; he saw the
Prisoners Pugh and Miller, his Master's foreman
and porter, at Mr. Garcia's; they had not finished
their work when he arrived ; he assisted them :
one of the pipes, that which was first emptied, they
desired hint to get upon the cart, before Mr.
Cutreias came down ; it had some wine in it. When
the two otherpipes were put up, they desired him to
drive with. them to the Prisoner. Millerls house, and
they gave him five shillings ; hc.heard.Mr. Garcias
express his surprise at the pipes yielding rio more
than t 3 bottles of grounds. When he &bye to
Miller's house, the two Prisoners drew out the
wine which remained in. the pipes: they drew it
out by, means. of a crane, an instrument used in the
trade : they filled a wooden vessel called a can,
Which might hold about four gallons, three or four
times. He then took the empty pipes home to his
Master's : they both assisted in drawing the wine
from the pipes, and Miller's wife was standing at
the door the greater part of the time.

This Witness underwent a close cross examination
from the Prisoner's leading Counsel Mr. ALLEY ;
from this it appeared, what indeed had been previ-
ously admitted on the part of the prosecution, that
he was,, to a certain degree, an accomplice in the
affiir, and that he came to the Court from a prison :
he however persisted tenaciously in maintaining that
he had advanced nothing but the
.truth : he denied
the circumstance of his ever haying left his place
Wooton Basset, on a charge of his having made
zoo free with a leg of mutton of his master's,' &c.
The feia of a quantity of wine being drawn from

Ogee willeit were in a cart
driven by the
last witness, by the Prisoners, was fully established
by the restitnany of a Mrs. Parish, who lives op-
posite the residence of the Prisoner 1111illec: her
description .of the proceeding was similar to that
given by the last witness.
. The REcottnEa; who tried the case, delivered
an excellent charge to the Jury upon it, who had
little hesitation in finding the Prisoners Guilty.—
The charge was not laid capitally.

'Rebecca Boulion teas charged with feloniously
breaking and entering the dwelling-house of Charles
Sturt, Esq. on the 4th of December, no person
being therein, and stektling eleven window-curtains,
seven chair-covers, and a large-sized bed furniture,
value Sol. his property.

Mr: Thomas Obee, a furnishing upholsterer; &c.
staled, that six years ago he furnished the house in
question for Mr. Sturt, the Ex-member for &id-
port ; and for which he has never vet paid him.
About the period of the last General Eteftion, Mr.
Sturt, being thrown out, quitted England, as he
understotd, on account of his debts, and that since
his detention, as a Prisoner in'France, he received
a letter from Mr. Start, intimating his intention to
give up the house, and desiring him to take the
furniture and the lease of the house in part of what
was' due to him. In consequence of this intimation,
he went to Mr. Sturt's agent and solicitor, who, as
he could coiled, were advised to the same purport.
In some time after, he took possession olthe house,
and occasionally slept in it, with-a view to the pre.
servation of the furniture, &c. He had not lain in
it some time previous to the Robbery. He particu-
larised the ar;icies which were taken out, and va-
lued them as above mentioned.

The case against the Prisoner entirely rested upon
the testimony of a girl, who lived as servant to
Mr. Obee, and who, by her account of the affair,
appeared to be an accomplice in the transaaion, as
she gave her the keys of the house, accompanied her
thither, and assisted her in taking down a part of
the furniture, &c.

'fhis account being entirely unsupported, was,
by Mr. Justice LAWRENCE, who .--zverely repri-
manded the conduct of the girl, deemed by no meang
sufficient to convict. The Jury, in consequence,
immediately pronounced a Verdilk of Not Guilty.

GUILDHALL.-Tuesday a complaint was made
before Mr. Alderman SMITH, that Messrs. Roberts
.and Co. had not performed their duty in properly
delivering a turkey to Mr. Matthew Ridley, No. 5,
Leadenhall_street, as directed by the Ad ; but it
appearing in evidence that Mr. Ridley had moved
to No. 64, in the same street, and that the porter
had made proper and diligent inquiry, without
being able to discover his new place of residence,
the Alderman immediately discharged the com-
plaint.
Two men, of the names of RODD and BROWN,
ate travelling through the country for the purpose
of laying informations against Booksellers and others
selling waste paper without the Excise Office Stamp
upon it. A Bookseller at Wakefield has been fined
for so doing.
At Hunsley, in the Parish of Rowley, a few miles
from Beverley, there is a field of turnips this sea.
son, which for produet, both in size and quantity,
it is supposed, has never been equalled in this or any
other country. Great numbers of the plants have
been matured to the weight of two stone and up.
wards each turnip; and one in particular (not infe-
rior in girt to the dimensions of a bushel .skeP) ac.
tually weighed three stone ten ounces. This plot
of ground was recently, and for a great number of
years, used as a coney warren.
Early on Sunday morning the back premises of
Mr. COPLAND, Baker, in Coleman.street, were
entered by some villains, who went to the shop,
and after taking what money had been there left,
which only amounted to a few pounds worth of
halfpence, set fire to the house in different places,
and but for the smoke, which -awakened Mr. Con_
LAND, the house in a few minutes more must in.
evitably have been in 'flames, as on coming down
stairs he found the papers in a bureau, and some
linen in a drawer underneath, totally destroyed ;
and but a few feet from the same was an aperture in
the flooring, of three or four inches, occasioned by
their setting fire to a stack of shavings in the cellar.
An alarming fire broke out on the zt st ult. in
the Premises of Mr. MARK DoaiTO, at the Green
Dragon Inn, at Fordham, in Cambridgeshire, which
in a short time consumed the barn, stables, and out-
houses belonging thereto, together with a consider-
able quantity of wheat and other grain therein, and
also a large quantity of hay. Happily, by timely
assistance, the fire was prevented from communi-
cating to the dwelling-house.
A Private, of the name of Eddy, belonging to
the Royal Cornwall Militia, was lately sentenced
to receive 300 lashes for desertion ; but feigning
sicknes, obtained -leave to go to Penzance to his
father, whence he again deserted to Sc. Colurnb,
and entered as a Substittrte for the Army of Re-
serve, for which he .was to receive 351. and was
aCtually sworn in by a fiCtitious name, when he was
discovered by a paper which fell from his pocket.
Another Substitute was then procured, who re-
ceived the whole of the money, and deserted a few.
hours after.

An unfortunate affair lately happened at-Dor.:
chester i—john Fitzpatrick, a private in the .zoth
Regiment of Light Dragoons, having been charged'
with stealing some article of wearing apparel from
a comrade, deierted from the Barracks. A few
days afterwards, intelligence was received of his
being secreted in or near the Town ; parties were
sent in pursuit of him, and he was soon afterwards
discovered in the walks of Dorchester; two sol.
diers immediately pursued him, and two others met
him ; one of those whci met him, called out, and told
him; if he did not stop he Would lire at him;" and as
the deserter did not surrender, the soldier discharg-
ed his pistol, the contents of which lodged in the
deserter's body, on Ivhich.he fell and expired. After
some deliberation, the jury returned a verdict of
Manslaughter against the soldier (D. A. Hempel.
man, a German), who is committed to Dorchester
gaol.