The Sun.
London, England, 1810-09-21 00:00:00


AURTHUMBERLAND ASS.IZLS.

B.EFO•RE BARON GRAHAM.

-•
THE KING V. JAMES 'CIAIILTON. • .•-‘
-James Czarltoa; ,thar,y(l.on the oath of Michael
h and hurglarious-•
ly broktn on,it and entered inter the mansion-House
of Oile,Esrf. situated at kirkley, in th'e
. posh of steahng I her,:frOtl the. stuns'
- of
_1,1571. t 3 tirt, the property el the said Nath.
Ogle, E,q.
. On
,being arraigned, the prisoner pli•aded Not
•
r. ''UPPING, for the proseciition, addressed the

Gslu:eroen of-the J:iry,
Tilt
-I~risnr~er of the har stands .charged with the
crime of borgkry, which is•-a•capital Offence, 'and
in the situation inwhith you are pi.iced., You are to
,o-ly-bet‘yren our Sovereign and the hri
sot-er, wixt)otirs'elves and the-public, and tii
give a verdrl of guKiirnqt-guilty, as •the filLi.s of
the case %;•ill‘thts day be brought before you,
u ill Warxapt.yinii d-..Teniion. The sum stolen is very
laTge,• and' the .41hicet of this prosvcution h ts been
waiter of much diku,sion ; but I beseech
you to dismiss froin yitur minds every feeling of
311: ice or i.artiality, either in favour ot, or against
the
.prisoner, acid adt striOly cottiorniable to the.
50h.0,!-I oat II you have ibis day .taken. I shall place
betote you a statement of tie fat9s, according to the
in4i-ttiottm I hal (I.receßed,—these instrof:tions may
be erroneous, and the evidence to be adutieed may
not bear me out in substantiating the charge,. but
the impr,.ssion on niy 'mini! is, a belief of the pri7
soner's Luilt. ' •
prsiarier .was
•a labourer,: and occasionally a
sh.,,,,tiaker. The •dWelling-house ,Of Mr. Ogle is
but ht seldom resides upon the'
spot, btu, soinew here in the-neigh hourhOod Of South-
ampton'. Al Kirkley-halt, Mr. Ogle haS'servant.s
who have the'charge of this house, and the prisoner

d more than f nit years-a -etvant- and' inmate of
that h use, in the capacity of a hind ; And from his
s oa inn, he 'had perfe6t• knowltdge, not Only of
the L•nase,• bin. of the office where 'the money was
ileObsited, as'on'making marketing, he was in the
ha~ it of settling his accounts in the very office which
was brolten, -and from whence the. money has been
• ,

Ir. this office there "as axecess, Which was niade
for tet; pUrpose of deposittng money securely, at-
tache(' to w :nee there was a well Readeeas a-place
of 'concearmeet. There wits also a white chest in
the, room coteainieg a bed, exaCtly resembling the
- chest which cora:enter the ,Iponey. Ttrere was also
a, writing desk in the sitioe office, as lihely to con-
tain moirey as eiti,y; IA the che,ts. It is therefore
inferef:ce, friins thege ciedumstances, to sup-
' pose th t,it must have been some one refrfeetly ac-
.eniecede ith tie place of depositing the moneY,
vt;!to was the perso-. Mr.•Aynsley; who wios
O_ee'seitewael, :.ad received on the 3d
..0(
Api ti, t BA, -the ee.e;-• of the hal year's rents,
amounti to 1;1571. 13i. 61. whi.ch lie deposited.
in 1::e teeaal place c ,ocealmiTot, a canvas
b ,g, bon) ich place the A hole of it
.was taken
. away. This money sceniiisted it a number of ten,
ti e, a!) 1 talc: pound notes, besides gu eeas, •seveti
shilling-pieces, and Oyer. Thii office was the place,
directed by Mr. o.le to transact busine,s in, and on
leaving the money, Mr. AynSley, wit hhis ;one went
awa.v bvtv five and six o'clock in .tlte evenine.
On the' following mo,ning; between five andsix,
• Ooreth Hoigson, the housemaid, on returning
Nve_h seine coals, discovered that the office had been
brekeo. There Was no communication between this
Office and th'e laund,y, hut there was between the
oflice: ai,d . the servants' hall, and it appeared that
,several places had been attempted, so as to shew
e-riealy that the persoat breaking in knew where
the s,rvarns slept, and the conclusion drawn was,;
th.e, the 'robbery had been committed by some per-
sen well acquainted with the premises.
Nutwithstanding the daring manner in which this
robber) had_ been perpetrated, the 'mind oflhe guilty
person had been soon alarmed, for on the Sth of
Dorothy Hodgson found a paper parcel cOn•
tailliug .5101. iu five'and ten pound tioteS. • None of
the suestl notes, yen will observe, were in the Per-
cel. On the Monday afterwards,, wliich was the
left, the gardener discovered another parcel, cOn-
.taining more large notes„'t the amount of 4851.
leaving" six five pound note=, -and 126 poUnds in
small notes, with gold ead silver, which have never
yet heen'r, tUre4.l.-
In order to trace the. gum to the 'prisoner at the
bar, I -shall describe the circumstances; as, shall be.
demilad te•you in evidence. Ie the first place it 'is
material-,that 1 should state that the prisoner lives at
a plac,. caned Milburn, abOut two miles and a
from li:rkley-hA, and
_tat his mOther resides im-
mediately adjoirteg tit • place- where the money was
found, at' two d stina
,eeriods..'lt is intpusAble to,
conceive but tl.t the prisoner was guilty, tor before
this happened, the risoner wag in great"` pot city.
In 1808, between M itinmas and Corrsultas, he
had often been :Applied to by a Mr..Sillick, for a
debt of about 61. 134. for• leather, which he could
not. pay, thought &nick -offered to take it by snrail
and miserable instalments.. On the' 4th of April,
trom.heing a man in poverty, he becatite at once a
man of comparative opulence, and sendS to Sillick
to t rn, that he wiil in la few days call-and pay
this debt. Soon afterwards, he sheWs his money
in protusion at a public house, parti,-ulatly seven
pi, cee and be paid (to the astonishment of
- all the parties he: had been so long iticl,,bted) -the
debtS he had been owing them. pays one Her-
bottle 13s. thathe owed some time, another debt to
a tiller; this debt, to liarbottle was paid
.in a one
po'ind note, and Several other people 'Are paid by
him in one priund noes. On Saturday, the Bth,
(the very- day. on which one of the pa'ce's of Mo-
ney, was found) he goes'to Nex,castle and pays the
debt of 61. 135. to Sillick, in a 51. note, and sonic
other money. -
• On the 17th of 11lay, the prisoner was appre-
iteeded and committed. A bill was presented at
the Assiaes of last - year, on the evidence I have

,

stated, which tvas rejeaecl by the. Gratid,Jory oil
Tuesday, the first of Auguiit, and the fact was
coiu-
iuun'catted to the prisouei, by Spruirhon the turn-
key,, in the presence of one TaylerSon, whom
shall call., as a witness. . The PriSoner conceiving
that he was discharged from all liability, and Sup-.
posing that he was in perfeti safety, entered into'
conversation with Taylerson, • who .was then con-
viled of horse-stealing. Taylerson. 'has since" that
period received his Nllesty's pardon, and is by, that
parion
.restered to coappetency as a witness. This,
anan's evidence must' of course be received with
caution,.. but if. it contain filets, which could only
have been communicated by the prisoner, and at-
.tended.by.cirettinstauces, with which no one else
contra be ,acquainteo, -and at a time when he could
have no other -communication with
.any other per-
,en;--thiss a!so confirmed by the circumstance of its
being immediately communicated by Taylerson to
another, Persen,'and 2;50 immediately (that is on the
4th or sth) to two Magistrates, within asday or two
after he got the. intelligence; if I prove all this, he
will in. that case be entitled to your credit. Tayler-
sort having been committed before charltooycould
have no opportunity. of-knowing the particulars of
the robhery for which Charlton was apprehended'.
Atter. the prisoner had learned that he was acquit
led, 'he said,. ‘.‘ it is very. well, fur had I Conic' be-
fore. my Lord, my conscience would heVecoodeenle-
ed me." , Taylerson said, "'if you be clear, why
should your coescietice, condetnu' you r--He "an-
swered, " there were ,many. witnesses."7--Then
Taylerson said, " no' one saw you, did they
He said; " No, I was taken up 'on su.pcion of
liayirig small debts,",--Tayleeson.th'en askei, if he
had committed the theft, to which the prisoner
" Had I. known so much -as I do bowel'
Would not have returned a halfpenny of the•ano-
ney."—This alludes to- the money returned, and
returned in I he, -neighbourhood: of his- mother. He
-then told Taylerson.the.circumstances of the tob-
bery, and said, " There were, none of the note~
backed, and there could he no evidence against
hitn, except that there was one si. note he was
afraid of,
.and that note was paid for the leather" .A
similar note we shall prove. to have been paid*y toe
prisoner. The prisoner, said also, " I •knoW the
house as well as those who were born in it, and
haye received and paid many a. ,hundred pounds in
that office.", . He mentioned alt: the circurusLticeS
of . alai 'rubbery, so as to agree precisely with
the facts, which, frets he could hear fluor no
one but the prisoner. He 'said, " that he- had
got a ladder, and by the assistance of two of his
neighbours,
.got into the, house, 'by a. broken pane
of-the window, and had -a dark lant born." I-shail
prove that tt was so,. for someof -the shelves of the
press Were sioged.
-10 n the Saturday morning after the rubbery, the
prisoner Came between five and six o'clock to Mr.
Oil-'s, and laid down
:some money-this was the
very day the money was foundeanet ',the prisoner
said to T0.1et0.0n,." I teturned the monry,att wise."
He also said that he had gone oil the same Saitirdaye
to see his. wife's, relations at Corbridge, where I
shall preve him .to have been ; and how cou:d
knoW that, if the prisoner, had not toed hitaL
All these facts were communicated to Taylerson;
under the'idea that the prisoner was in perfect secu-
rity. Another fact, important a 4 to the poverty of
the-prisoner, is, that he sold a valuable watch in the
February befere_ the robbery; for two..gutheas, 'so
great were his necessities.
Although the evidence which I have to lay before
you is only che.tmastantial„yet whet; cot:Vitale& by
the testimony of Taylershn, little doubt, I think,
can remain upon ) tear minds as to the prisoner's
guilt, and if 'you aie.. satisfied with that evidence,
it will be your duty to Ti d bat it you
etitertairea, &opt.- of .the •prisoner's guilt :tier:you
have heard that eVidenee, you must give the •pri=
soner the benefit of that doubt, and AcTitt.
The ci:cumstances which will be given.in evidence
against the prisoner, are-of a strong nature. Had a
person above the rank of a. labourer committed the
robbery, he would not have returned
,any Part of
the motley, at least not the large
.tiotes. .It_ is a re-
tnarkable circumstance_ that ,the .prisoners• mother
lives dose to the place. where the money retereed
was found. The prisoner, from extreme poverty,
becomes at once a man of opulence, and pays has
debts. immediately after the
_money had been stolen.
-As to TaylersOn't. evidence, it is- at least as good
as that of an accomplice, which' we find by every
day's practice to be received as. good testimony,
and where that is supported by other witnesses,
or by circumstances,- it is held good, and even
credible. •
Michael Aj. mil'eli the Elder, sworn. •
Examined by Mr: SCARLET.

I 'was. steward to Mr. o,;lc—and on. the 3d of
April, 1809. I received his rents at the office in
the Mansion":lTlouse, which was the place lalways
received them in fig many years. 1 receixed on
that day 115;1., 13s.
_6d.—l made a me(tnor4n-
dum of the amount, and wr•te a description of the
notes 1 received. The five and ten pound .notes
were put togelher, which anlounted to 10201.
there was one 'Live guinea • note—.a single guinea
note—in one pound notes—and a guinea in gold
—a half .guinea in gold—sis seven shifting pieces-
, in sold, and 11. 143. in silver. . All this I deposited
in, a pres an the otik..e, wlich was a closet or chest,
exactly corresponding to the model, before the
court. 1 put the Money into: the- well, as de-.
scribed in that 'model inclosed ,in a canvas bog.
The well was the place I had bjen
,used to -deposit
the money which I had been accustomed to do
since I-was appointed steward by the Dean of Win-
.chester, in 1781; When I had not the key of the
strong hold,: I put it in this phiQe in the .onice. • I
have not had the key of the strong hold latterly
but had thekey frequently when the Dean was ab-
sent. Mr. Ogle conies occasionally a part of the
Summer to • kirkley -hall, but resides general4y at
Sotithompfon.. I have not .used_ the key -ot the'.
strong hold since he resided at Southampton. Be-
tween rive and sir- o'clock in the afternoon of the
3d of April, I put the money into the concealed ,
well in ale press, I then put the shutter over it, and
a board over all, over which board I pit the books

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