The Sun.
London, England, 1816-09-25 00:00:00

Done " Mind how you net, that ysu
gdo
clot criminate me." Vaughan said,l
",0 no, no,
wiii take care of all that.", Witnesa and Vaughan
then went to the Falcon Omit two o'clink, and
saw there Hawley, Batts, end Farthing. NVit-
itess and Vaughan were iu the parlour, and mite
'others were in the tap-roOM., AnnePl,
whir
they Avert' at dinner, came into .qme parheir and
said, " 'reke care you are mmot too ltekir :V.auallaa
moon, " Never fear, I will Luke care." Vaoglien
tool tl4t-ness thee got aprons to diaguise them-
selves, amid put them in their pockets to go to Mr.
Vo de's hOose. Thy did go, between the hours
'of toter amid five. (Here the witness.eou oborated
the statemeut already given ley the Itirmer at it-
nes•=es ) Upon seeing it44ey comeout of Poole's_
shop with im piece of cloth 'miler his atan witness
said to Vaughan, Wa have got; them, let us
Vaughan said " No, we 'hare Unt i" not-‘
withstaudnol, witness went out of -Anderson's
iloorjellowed by Venghan, and ran after Hawley.
Am soon as he got to the bottom of theetreet,
Hawley guise the cloth to Baits, who ran towards
Brunswick-stptare. ftawley and Donelly returned
towards Poole's house, and mvituess and Vaughan
'turned to follow therrG Hawley went again infer
the shop, and Donelly crossed over to Andersen's
side ot the way, Hawley then came out of the.
shop with another piece of cloth under his trot,
mind made off with it tanning.. Witness. and
Vaughan ran after hint, and while they were ptir.
suin hint, Donelly ran neatly against witness and
Vaughan:aunt! said, George (speaking to Vaughan)
'font's gone that way, and Bob has gone that;"
Donelly ran'away after he had given this infor-
mation. While following Hawley, they heard the
cry of " Stop thief I" and upon hearing it, they
bast-ened their pace, and found ltawley in the
custody of Poole. Farthing ran up to Bewley
before he was taken into custody, and seeing hint
'pursued, threw away the cloth, and ran away as
hard as be could. Both Hawley aud, Farthing
were taken into' custody, and Batts was appie-
hended next morning. Dmielly was never taken.
Tire three prisoners were committemlat Bow7sireet,
and convicted at January Ohi Jinile essios,
upon the: oath of witness and VaratgliaSn, Thn e
thy, or day after the,committneeh.atituess saw
ormelly and Vaughan, be belieeedo P
toth-fair.
Dc tielly said, - You have got Jackk,, toeaning
'whine; and added, " lie was uut,there, Kt that
time ; Farthing went, out with the opera, but
stopped on the road." •Vaughate"arnaWirremi, "'I
have sworn to Farthing—he is an old thief, and
Vent out for the purpose of 'committing the rob-
bery.• It cannot be helped : let it remain WhLro
it is." They met soon -after at the -sign
of the Goat in Cloth-fair, and dined , there
iii
company. Witness . asked Dottelly„what -bed
become of the first piece, of. cloth which Was
given to Batts lie replied, that when Far-
thing and Hawley were taken, Long Tom threw
the cloth over the railings of 13runswickisquare.
lie then went for a " rattler'' (a hacks ey coach)
in Holborn, proceeded in it to flronsa:ick•iioare,
latched the piece of cloth,' and fenced it with the
receiver. Donelly said, that he should go alt
live over the water, for tutu 'he.was suspected,
*0 asked 'Vaughan for some•mnney. Vengintn
*eve him 10a., and it wee agreed, to meet again at
tbe same place in a week, for Donelly to give le-
formation about robberies. Vaughan gaveDonelly
tit this second meeting another 10s., and lie had
in all about saos, About a fortnight before the
witness, after having mentioned to Vaughan
that Donelly had stolen some gloves, saw Vaughan
,full Donellytogethcr conversing in Yortpool-lane.
'They all frequently met together., Hearing that
the officers were after himself, as well as Vatighlin
and Donelly, witness delivered himselt up to Mr.
Mariner, an attorney. On .tire evening after the
conviction of the prisoners, they met in Cloth-
fair, and Donelly. said, ”-Tiley, are enqiioeit, hot
the job Was spoiled, for nothing is ellowed." At
Another meeting, Vaughan asked Panay if he
would give more information I He prowls ed, bat
Lever did. .
Cross-examined.--It was frequently the case
that officers of the pollee had persons of confi-
dence among people of bad character, to inform
theta of robberies, and therefore witness ;vas not
torprised to hear the information given to him.
l'neofficer knew these characters very nen) and
Donelly %C• 44 invited to give Such information.
'Neither witness' nor Vaughen knew of time reb-
bery of Poole's house on the 14th, till Donelly
-gave iriforniation or it after it was done. The
robbery of the lath was neither Vaughao's nor
tviteess's plat-mine. Both went to Pthdeee house
with the intention of letting Donelly eseane.'
' ,Tory Embliti formerly lived with Thomas Betts,
and lived with him on the .16th December last', the
time he was taken tap. Out the night of the nth,
Batts Hurd Hawley came to her• lipase, and desired
her to pawn a Piece of ;cloth ; she did so,' and it
fetched to ponnd. Beiween 7 and Son theeven-
itmg of the 15th:' Donelly came .to her,
,and said.',-
" It Baits eomes home, tell him to keep out of the
.mvay, for lie will he taken." He said Hawley and
l'arthing mveee already taken. Ruts did carne
Houle, end was taken next moruing by Barrett and
Vaeghan.
Joseph Firth kept the George public-lionse,
Middle-row, Holborn, facing the end of Gray's-
inn-dane. lie knew Vaughan and Barrett, het
never had seem) them together at bouse He
had seen Dandily also at: his house, but not in
eampany with either; Veughan or Barrett.
Charles Balding, a plumber, living-in fkortpool,
lane, remembered the apprehension of Farthing'
and Hawley. lie knew the, prisoners' very welL,
• About a week or ten days before the robbery in
question, he saw Vaughan and 'Madly together,
near eortpooklane, talking in the street. They
went into the Marquis of Granby public-house
loget her.
John Limbrick examined,-,-He is an Dater at
Hatton-garden; apprehended the prisoners at the
bar<with the assistance of otlters ; apprehended
Vattghan first ; had been searching a week before
he found him ; funnel him at Whitechapel ; used
ter residabefore in Gray's Inn.lone ; found Wl4 at
his aunt's ; told .they Wantedbint-4hey.had
a warrant against hint. They searched him, aitti
(mind upon him some papers. Nothing passed
between, him _arid Vaugh .au .upon ,the robbery.
Afterwards apprehended Donelly"Oti- tha 29th ol
July ; as be was conveying him in ; Couch be raid,

~ . • . .
" a--ri his ,z..-y, 'Le ri6.ei- knew a bigger root.:
than Vailg,hwa was,“ '
Here the east: fur the proeciition ended I:and
the Learned 3tidge called on ttt'e 'prisoners for
their derenctt.
Don-illy said, "My Lord., I know nothing
more ah(int ir,. than that 11-dret was the. first who
enticed we into the ict, and that he hos SWUril

WY llte I•tvrilv." •
t'atigh:to said, " I 'owl ittooeeot Of the charge
ligaittst tne thiA day, tool I leave the
Mlttli. (41 toy case :,4) toy Counsel."
IVittLes'set we're then edict!. to V•aughttit's•eha-

ra'eter.
E:l%%4ea Christian, Visit. Chief Justice. of the
Isle of Ely, hpOke w the character of, Vaughan,
awl declared he never knew any thing of dkho-
neSty or impropriety in his general character. In
caos,•.quence Of that ittoikain good belutvionr,
he
reCommended hint it'a flit.N.Couunt and Mr. Nitres.
Sir N entunit was next Sworn—li ad known
the nriconer Vaughair about two years and a half.
UO to this pee tod there had been some misconduct
mixed with his charade', independently of the
present charge ; yet he had tiot so bad an opinion
of hint as to dismiss him..
Mr. Stafford, the Chief Clerk at Bow-street—
Knew nothing of Vaugleot hut 'as t person' em-
ployed in the office. lie %vas extremely active
and diligeot, and detected many. offenders.
litre the evideOce for the defence closed, and
Mr. Ct.tal.Vooo addrr.ssed the Court in behalf of
Vatighatt, advanciog a claim to be heard upon a
particular point of law, according to what might
he the verdict of the Jury. We understood the
Learned Counsel's larguinent to he, that if the
Jute should acquit 33fonelly of the burglary, then
Vangitim must oeeesiarily be acquitted as an ac-
comnlite in that burglary.
The ATTORNEY-GENERAL observed, that as the
Learned Counsel's object ton would not apply till
altar* the verdict, it would be time enough to
make it when that verdict was given. -
Mr. Baron GRAHAM then delivered Ills charge
to the Jury, and recapitulated the whole of the
evidence. lie observed that the charge of bar-
gitry had been abandoned by the Counsel fur the
in'ow.cution,"ben.qinse it appeared, from the testi-
mony of one of the witnbsses, that at the time of
cotwoitting 'the robbery. there was light enough
to distinguish a persoo's face.. In the eye of the
law, therefore, the offence woold, not constitute
a burglary; 'With regard to the cvideoce Via Wu,
he knew it tens tans:notary, ovhena tvitnesiof that de-
huiptioo came before a Court, for the Judge to warm
the Jury against a too implicit reliance upon it. Wit,
at the satiretittre,ittvasti, be rentembered,t hat ‘Vhere
the test:moay of an accomplice was supported in
ail its material feat art's by the depositions of other
respectable witnes,e;, and where the said accom-
plice was cowststent in the.sybOle of his evidence,
there was then sufficient ground for allowing a due
weight to such evidence. He confessed there was
a novelty in the present case which considerably
perplexed
.hint. The prisoner Donnelly was ac-
cused 'of felotelously aiding anti assisting in the
robbery. Now the ordinary interpretation of rob-
bing with a felonious intention vas, where a per.
son or persoOs 'committed a larceny with ii view
afterwards to share 'the value of • the things so
stolen. It was evident, however, that no such
tent ion existed on the part ornottelly, for it was a
specific part of the plan, that .the property to be
stolen should be afcerwartis restored to the owner
and the only ptolit calculated opon by Donelly
was that which wa,4 to arise from the conviction
'of the offenders. Certainly it was impossible to
conceive a more enormous crime thou that of in-
stigating others to the commission of felony for
the sake of gaining a reward upon their sub-
sequent conviction. In tinat view of tine case also,
there was something which it was material; for
the Jury to consider as affocting Vaughan. It was
clear he did not urge Douelly to cun►rtn drew..
I"fence from any intention of afterwards praSe.
enting him fur it was previonsly agreed that he
Shotild escape; nod, in fact,' he remained at
liberty till last July. So 'far, therefore; as D'o-
'nay was concerned, the cruelty.and wieltedoeSs of
'the plot had no application whatever Then', in
respect to Vaughan's employmeut of ft,neify t It
appeared, from the cross-examination of Bareett,
that it was usual for Police-officers. tO intake use of
a'known thief in order to detect other thieves.
Such a practice was colonial.), and though it
might be an act of indiscretion. On the part of
Vaughan to t:i44.e such n responsibility upon him-
self, yet, in so doing, it did not appear tKat he
acted NV ithotit a precedent. Those were tine poiats
%.vhich sngge,lol themsefees to his mind, and Which
' ire wished to submit to the atteution of the Jury'.
With regaill to rhe'facts theurseittts, that Dmieliy
dial nid a": 4.1. assist in the tobbery, an:l that Vatighan
iustigated him' to that aiding and assisting, 'he
thought there -could not be question.
After having, attentively listened to the.whole
of the evidence:, the Jury considered for about a
quarter of, an hour, and returned a verdict with
respect to theprisoner stiniting
itt a,dwelling.house to the amount of .10,, hot
nut of :the burglary.
Before the Jury returned their verdict with,re.
garti to Vaughan,
Mv..Cuanvoon rose to put in his objection, and
contended that' no verifier bat that of acquittal
could be gi..ern in respect of Vaughan, who_was,
in fact, already acquitted by the verdict already

given.
The ATTORNOY GENglikL maintained that fia-
thing could be allowed to intervene between the
Court and the jury. The Court were num wait-
ing.to receive the verdict of the jury, and it there
was any abjection to ba•madei. it must be put
in when the verdict -wee recorded.
Citawnott insisted. that 'the' -brit having
found Donelly not gttiltyaf Ott:burglary, Vaughan
nose be acquitted as a Matter of entitle, being
charged as an accessory to that offence. The Jury,
in fact, could give. no verdict upon Youghan.-
`l' be ATTOR.I4O•GENNS.AL contended :that the
objection could not then b urzeti. As to
,the
Jury nut giyittg. 'any veHict,tropn..:Vattltan, tic
would gait-how the :Jury tdir from, their
plate without a verdict i~ They. were ;barg
ed to futd.a verdict
.01 Ouilq .h r. Gnatvs anti
without such a verdict it was tOltOfetthle even that
the prisoner could obtain his dater:ince.
Du. evitwuou mitt about to reply, tvliers the

Judge over-ruled ld objectiva, as inapplicable at
that Rartienlar, moment.
the jury then returned their virdiet upan.
Vitughantbat he wits , inasmuch it.l he had •
aided and fostered one of the robbers.
Mr. Cvawooo repeated his objection, that
Donelly being charged with a burglary, and
.Vaughan as his accessary to that crime, the latter'
was.neeessarily acquitted, in consequence of the
negative upon the crime of burglary by tbeJury.
Mr. 13arol GRAtiA:/1 6bierved, that.thbprisonee
Was citirtica not only with• burglary, but with'
trio-I,i. Upon the latter, it was' tt•tte, he- luta
hvoti aequitteti, but upon the fornler, he, had been,
fOond
It was 'then Understood that theobje'rtiOn taken
up tiy'tbe Learned Counsel would be moved in
arrest id jildgMeut.. ."
The record af this objection of course pnstponti
the sentence cif the-prisoners,nntil.the opinion of
the twelve Judges is taken on its validity.

TgAL, OF DE'SJANIIN JOHNSON! FOR. .11 SIMILAR
. :Itenjontio Johnson was capitally indicted Tot• bur-
glariously:entering the house of ISit3C SlioWol On.
the 3lst of July, 1,815, and stealing therein silver
money to. the amount of 16/. 16s. 6t1., several
hallguineas, Ind several shilling pieces, and two
promiasory„notes„ , •,
ATTOIINEY•GENERAL ttescribt this to be
prosectajon rendered necessaty by tkailagrant
conduct of a police-officer; gml• he detailed the
circumstances of the case, which were ehortly
these :---The prisoner introduced himself to a
youth, of had habits, named Baxter, and encou-
raged him to break into the In'OSiCtltW6 house,
in order to apprehend him and obtain the reward
given by,Parliame»t on his conviction. The youth
made one attempt, while the pristiner pretended
to watch in the strcetl to, see that no interruption
was near. On retnrotng without having effected
sirs
.purPose, the wt, pillo made hint go a second
trine. When he returned. again he took iiitn into
Custody, and he was tied and couvicted./- the pri-
soner received the
,reward. The AtforneyAlene,
ral undertook to prove by evidence, that the pri-
ioner, by aiding the person who curnufitted the
offence, had become stn accomplice.
,Sartli4 ).vice to the prosecutor, lived in
Gray's-inrirtane,. and stated, that on Sunday, the
31st tit duly, 1815, she aud her daughter lett the
house tat
lehet h eight o'clo.catk,
htomeo
Mar go to Maryy
-
lebonc. She ft usband
(Jolt, the servant , Some time al terwards slog
was fetched nway, from 11,1arylebone by a yotwg
misu 01 the name -of Bray, and the prisoner, who
told her ,that her house had been roubed.of seve-
ral, articles. When she Caine home,
,in conse-
quence ;Conte infolmation she received, she
said to the prisoner, " came, you to be -so
'
up
l>ati a man. rt:.• to, let the poor young tuango
again." Johnson said, " that if Baxter'had come
out trithout as load, it would have hen no benefi,t
to not, ; hut when he came down a second time,
he nicked hiM." She proved the property stolen
was het' property.
Isaac :Snowsill ,vent out of the house at 3
o'clock to chinch, and fastened the door on the
spring-lot k. lie returned at 5 o'clock, and found
the Brans rty was stolen.
SAratt Suowsill, the daughter, confirmed her
mother's statement. ,
Thomas Bingley, a shoemaker, living in Golden-
lane, between the. hours of 3 and 4, sawthe pri•
sailer Johnson, with whom he was well acquaint-
dd, its thlky'Onti-lal), opposite Mr. Snowsill's
house.: As lie was passing, Johnson called out to
"Stop, they'are cracking a crib over the
way," Wit oest asked 'what be meant, and
Johnson' said, '' Why, bre#king into a bonse,"
and added, " If I give you if signal, come tip to
me." In a few wilintes lie saw a man come out
of the house and cross over towards Johnson :
they conversed together, ,tuttl' walked down the
lane ; they then parted, and 'the Man returned
into Snowsillts house alai) : Johnson took his
station. before the litinse, • In abont seven minutes,
the. man clone out of the house. witha bundle tinder
his aram, and johnsoo then made a signal to wit-
ness to come tip r.he did so, and the prisoner asked
the man what he would have to drink, and Baxter,
the ,young manwho bad committed time robbery,
said he Would have a pint of porter. They all
three went into a public-house Called the Guy Earl
of , Warwick , and us :,tiot\is Baxtetirad his porter,
Johnson said to loin, producing at theiame time
some baulk:tiffs, " yon Mahe any
roistouCc, I %till blow your brliuS'ota." lie their
hmnieutfed brio, and took from him the property
he had stolen. The prisoner then wenfout, and
letiimed in a few colonies with a young man named
Bray, both of whom took Baxter to the.watelt-
house. Johnson afterWarils Went to snowsiit's
house, and told, hint rti the robbery. It. was agreed
thqt Bray 5h0914 go to iliarylebone, to inform.
Mrs. Snowsill, and he did go • ••
Hill, keeper of the piblic-liouse the•Gnye
Earl of Warwlck, Confirmed the statement of the
former witnesses, Baxter and the prisoner
pearatii lig:frirmds ;
,Jtdinsun said ti was a city.
•
Cross• eirintined.---The goods which werettolen
were put into witness's custody, while Johuson
went to Mr: SnoWsill's house.
icharil Itat ton, the Watch-house keeper of Si.
Andreees parish., primed; that On Smuttily, the
3 I ht.Of July, I'Bls, the prisoner and Barry hrouglit
'Baxter to the %vat eh•lionse. They said they were
city officers. Johnson: said to witness that flak•
ter had broken into the house of amatten-maker,
in Oray's-inn-lane, and that he hail bean with hint
all the morning. JohmnsUn added!
krfeeintilAsiielnielltßt'i‘t,exals;
minutes : when he returned, 1
buck agHitl. Ile soon after came oat with the
.1 .I.l.aec..ate.y sent idin
property, and Isei:ted
cross-examined.—mNevcr saw time prisoner be-
fore.
0 .lin Baxter; feather to Wm. Baxter, said, that
he went on Monday morning, hat otAngnst 1815,
,roke s(elel.4l who liel:llssoii. Hu saw Johnson there, whet
P.,13t!er.., and asked the piis'oner 'illie.had not
'eh
,trapped Iris sou into this ?. Johnscrn said, " If I
pistol into a man's hand 10 shoot another,*
.414 fOlii tat hita
II 2:46 thiiarttll36ttitCirtie4l,4o! theore'a' ta't'rt-ophi; 4:/16tearth,
capers upoti taut- ohm;