The Sun.
London, England, 1826-10-26 00:00:00

bi,ls tAitt*. stst6.l4,-- ''.,:-04iiii iiiii.s.

A. "Summary statement, descriptive of the various
offences with which the prisoners committed for trial at
the ensuing Old Bailey Sessioni' severalltatind.charged
Manslaughter,. 2; Burglary, 4;. IclOusebrealting, 1 ; High-
way Robbery, 15; Stealing from the Dwellinkbouse, 13;
Stealing frOin the Person,,tt ;.,*4iyipig Stolen 0004, 1;
Litquies, 179 Horse. stealing, 3;
A 1.104,1; Stealing fioni 4.l.4t.tevo44,srpplpyld in the
Poet-office; 1; Receiving Stolen:P/oaq corntalcid in a
Letter, knowing it to have been received from the
office 1 ; Embezzling, 5; Fraud, 2; Transposing the
Goldsmiths' Hall mark, 1; Bigamy, 1 ; Selling Counter-
feit Coin, 1; Unlawfully Pledging, 1; Perjury, 1; Cut-
ting a shoe window with intent to Steal, I.—Total, 278.
Vitt dhi Ikkieitt4; 6A fsie*otei. Oct' 241
Prisoners under sentence of Death, 46; Tiiiiiiicaftition
for Life, 16; Fourteen years, 12; Seven ditto, 43: under
sentence of imprisonment for various Felonies and Misde-
meanours, 4; remanded from last Session, 8 ; for trial at
*llllBPiq Session; 278;. present Admiralty Session, 2;
w oft judgments are resiiited, 6thiltAted wider h,e
Bankrupt Laws, 2 ; acquitted, and awaiting his Majegyla
pleasure, 3.--Males, 300; Females, 116.—'Total, 416.

By referring to the foregoing statement it will be seen,
that during the short interval since the preceding Sessions,
t7B prisoners are Cdriimitied fdt trial lit those which coM-
mence this day; yet, at the same time, it is pleasing to
remark, that the present calendar is not stained by any
charge of murder or forgery.
There is, however, a more peculiar feature, and perhaps
unprecedented, that although this calendar contains 48
London prisoners, not me of them is committed fer an of-
fence which demands the forfeiture df litOi

These Sessions commenced this morning at nine o'clock,
before the LORD MAYOR, Mr. Sergeant ARARIN, and a
Bench of Aldermen.—The Judges in attendance are Mr.
Justice PAR and Bawl Oinnowi,

BURGLARY.
James S/zay stood indicted for burgiariously entering the
house of James Thruston, and stealing a quantity of har-
ness. It appeared that two other persons had been tried
on a former occasion for the same offence, and convicted of
stealing tb the value df 405,, in a dwelling-house, which
Was capital as well as burglary, but the evidence against
the prisoner was entirely circumstantial, and notsufficiently
conclusive of his connection with the burglary, to warrant
a conviction.—Verdict—Not

HORSE STEALING.
if Maltby stood indicted for stealing two geldings,
value 200 guineas, the property of John McCurdy.
John McCurdy, examined by the COURT-1 live in
Cecil-street, in the Strand; I am a private gentleman; I
had two geldings in September, 1825, which I had pur-
chased from the prisoner in une of the same year, for
1.501.; they remained in my possession, and were made
use of in my' service for several months, in consequence of
my having commenced an action against the prisoner, on a
breach of warranty, the horses having proved unsound ;
he came to me, and took them to his own stables, where
he was to keep them for 51. a month, being half what I
was paying; he was to keep them until they should be in
order for sale; I authorised him to look out for a pur-
chaser, but not to sell them, without my permission; I
went to him two days after, and found that the horses
were gone ; the prisoner told me that he had sold one of
them for 12/. or IS/.; he never consulted me about the
sale.

Cross-examined by Mr. PLATT—I brought a civil ac-
tion against him about six months after, to recover the
money which I paid for the horses, as they did not turn
out adequate to the warranty.

By the COURT—That action is atilt pending; I did not
keep the horses, if I got back the money.
Cross-examination resumed—There was an agreement
between the prisoner and myself, that if he should pay
me 1121. I would stop the action, and let him have the
horses. I went before Sir Richard Birnie, who told me
that the charge did MIS amount to felony-, 'but that kin-
volved a fraud, and be recommended me to go before a
grand jury : this was in January, and I did not go before
a grand jury until the September following, because I did
not know when the grand jury sat. I procured a warrant.
to 'apprehend the prisoner in January ; I saw the prisoner
at Bow-street in shoots fortnight after; another warrant
was granted at the office after the grand jury had found a
true bill. I offered the Norses to him for 1001. but he was
to have no property in them until he paid me ; I calcula-
ted on paying for the feeding of them.

Mr. Baron GAAROW deemed it unnecessary to delay the
Court, by examining any more witnesses. There was no
foundation for the charge of felony in this case; the ques-
tion was, whether the prisoner had intended to steal these
horses previously to his taking them to his stables; he was
now on his trial for a capital offence,. and an action was
pending for the amount of the horses, he supposed the pro-
secutor wished to pay him first, and then enter an action
for the horses.

Re-examination resumed—From the time that I deliver-
ed these horses, until this moment, no person applied to
me for extension of time to the prisoner for the payment
of these horses. If 100/. should be offered to me, after
the prisoner had sold the horses, I would not take it, nor
would it prevent me from proceeding with the indictment,
I would not compound the charge.

Leadbeater, a Bow-street officer, apprehended the pri-
soner, in consequence of a warrant from the Bow-street
Magistrates; he took him into custody in about five weeks
after the warrant had been granted, the prisoner was taken
to Bow-street, and discharged after a true bill had been
found against him by the Grand Jury ; witness got a cer-
tificate thereof, and apprehended the prisoner in a fortnight
afterwards; the prisoner himself came to hiin when he
sent him word that•he wanted him.

John Rogers examined by the Court.-1 am a com-
mercial agent, an acquaintance of Mikjor M'Curdy's, and
was present at an agreement entered into between the
prisoner and the Major, which was that the prisoner should
keep the horses for five shillings a week, until he could
procure a purchaser; but that he was by no means to con-
sider them as his property, nor exercise any right over
them.
This was the cue for the prosecution.

Charles Giblin examined by Mr. PLATT--1 have been
in the service of the prisoner these two years; I remember
having received the horses of Major *Curdy into care;
the prisoner lived over the water, but had stables near
Covent-garden, where he could be seen at any time.
William Moreton, a livery-stable keeper, delivered the
horses up to last witness in consequence of an order to
that effect from the Major.

Mr. Baron GA ROW in summing up the evidence, told
the Jury that they should be cautious not to confound a
subject for a civil actioh, with a charge that affects a man's
lite. It had been decided in a variety of cases by all the
Judges, that the mere delivery of horses to another, in
order to procure a purchaser, ;does not give him such
a possession of them as authorises hint to part with
them without the consent of the owner, nor does it
exempt him from the charge of stealing them ; but to
constitute the capital offence, it is necessary
that the
person to whom the horses are delivered should take them
with an intention of converting them to his own use,
or of disposing of them contrary to the terms on which
they had been given to him. His intention must be
previously to his getting possession of them, for if he
takes them with an intention of selling them, with-
out first communicating with the owner afterwards, or
is induced, through a pressure of circumstances, to dispose
of them for his own use, it is only a fraud, and does not
amount to a felony. It was for the Jury to consider, under
all the circumstances, whether the prisoner had taken
these geldings with an intention of steeling them. Verdict
—Not Guilty.

John Jones stood indicted for returning from transpor-
tation before the expiration of his time.
The certificate of his onviction at the 034 Bailq, And

of his taving fleeti ienfeased to eleven years transpertat6
in January last; Atria put in and
James Harris eiatifined by the Court:--:I ain a turnkey
in Newgate ; I had the prisoner iti my enstedy on the in-
dictment on which the conviction now read ware founded;
I delivered him up to the Leviathan hulk, on the 18th of
Marsh last, in order .te.fm.coriveyed to Botany Bay.
Wm. Golding, examined by the C013RT..--1 have
known the prisoner since September last, he went by the
name of William Ryan , lid came. to my master's shop to
enquire if we had buckhorn books to sell; 1 am sure he
is the man: This was the case for the prosectitinfl:
The Plielftlei being called on for his defence, said tfin'f
he had been sentenced tit transportation for stealing a few
pounds of meat, which . was Vitale, hard, as he bad
a wife and several children, and no provision for
for them ; he had several offers mad* to him to escape slid
try to provide for his wife and children in an honest matt,
net; ite did so, but he has not been so fortunate as lie
expected.
Mr. Justice rAiik title* ainimed up, and the Jury re-
turned a verdict of Guifiy.