The Sun.
London, England, 1827-08-11 00:00:00

WESTERN CIRCUIT.-EXETER, Au.. L.

Wm. Kingdon was indicted for stealing in the shop
of W. Napier, of Plymouth, a quantity of mutlin, a
shawl, a veil, and other articles. In behalf of the
prisoner, whose connections were of great respecta-
bility, it was attempted to be proved that he was of
imbecile, if not insane mind, and at times incapable
of distinguishing right from wrong. Dr. Bellamy,
from Plymouth, stated in his evidence, that he knew
the prisoner from his infancy, and had always found
him to be of very weak intellect. Indeed, he had at
one time recommended his father to bind him ap-
prentice to an attorney. This mode of disposing of
youth of weak and unsound intellect occasioned
considerable laughter in Court, and the gentlemen
of the profession made an obeisance to the Doctor,
for the compliment he had ( perhaps unintentionally)
paid them.
The Jury found the prisoner guilty, and he was
sentenced to twelve months imprisonment in the
House of Correction. _ _

A man named Rowland was convicted of man-
slaughter, he having, in a moment of passion, Sung
his pitchfork at his fellow-labourer in the field, which
penetrating the heart of the latter, killed him oR the
spot. He was sentenced to four months' imprison-
ment in the House of Correction.

Thomas Piccup and Peter Vailack were indicted
for burglariously breaking and entering the dwelling-
house of Johanna Lord, of Kingsand, and stealing
therefrom 1001. in Bank of England notes, a number
of sovereigns, a guinea, a bone box, two watches,
ind a piece of bacon, on the 7th of June last.
The prisoner Vallack produced his father, as to
iome unimportant circumstance.
The COURT.—Are you the prisoner's father ?
Witness.—How do I know, my Lord ?
The COURT.—What, are you not his father ?
Witness.—They say so, but I don't know.
The Jury found both prisoners " Guilty."
William Crispin was indicted upon the Coroher's
verdict, for killing and slaying Mary B ickley, by
driving over her with his cart on the public highway.
Mr. Wm. Madge proved, that at six o'clock on
the evening of the 6th June, he heard a cart coming
down the road at a furious rate, and immediately
after saw it pass the hedge, behind which he stood.
It was full of people, and drawn by two horses, one
before the other, aad without reins. He followed
it to ascertain who was the driver, and soon after
rcoaamdegrupoatnoingth, ehadveincgeabseede,n wknhoockweads
dloywinng
anodn
rode
over by the prisoner's cart. On asking who was the
driver of the cart, the prisoner replied that he was,
and gave his name. He appeared tipsy at the time.
On remonstrating with the driver upon his furious
driving, and the accident he had caused, he expres-
sed his sorrow for what had happened.
Johanna Washer proved that the poor woman
who was killed was proceeding leisurely on the
road, driving two little pigs, when the horses of the
cart knocked her down ; they were gallopping at
the time as fast as they could. The deceased was
an old woman, and a cripple, and she exclaimed
while on the ground, " I am a ruined woman, and
Lord have mercy upon me !" She died on the next
day.
Verdict—" Guilty."—Sentenee, six months' im-
prisonment.

THURSDAY, AUQ. 9.
The Court was engaged throughout this day in a
cause respecting a water-course, which was of no
public interest.
The following case occurred at too late an hour
on Wednesday evening to be forwarded by the usual
conveyance. It did not terminate until sight o'clock.

DOE, ON THE DE:Vila' OF HEWITT v. ToLCHAED.
This was an action of ejectment, brought by the
heir of the deceased, Hewitt, to recover property
from the defendant.
Mr. Sergeant Wrws stated, that he appeared for
the plaintiff, who was, unfortunately, in a state of
but who, nevertheless, as sister of
.the
deceased,
withheld from her by the defendant,
was
heir-at-law; and had, therefore, a
claim o the property
property question. This property,
a willwhich bad been signed by
derangement,o nthe however,g
t w
rtotnd of
the deceased, but signed under such circumstances,
that it was impossible that the Jury would sanction
the retaining the property in such a document.
The deceased, who had always been a man of weak
intellect, was taken advantage of by Tolchard, when
lying on his death-bed, and induced to sign the will
in question, although on the morning of the same
day he had signed a previous will, by which he be-
queathed to his unfortunate sister 601. a year. It
would be sufficient for him (Mr. Sergeant Wilde)
to prove, in the first instance, that the plaintiff was

the heir-at-law of the-deesosed; and his Learned
Friend-on the other side would then be able to make
out, if he-could, that the deceased had assigned over
his property by will to the defendant, while in I:
sound arid disposing state of mind. •
The usual evidence was then put into prove the
plaintiff heir-at-law to the deceased, and with that
evidence the case for the plantiff terminated. •
Mr. C. F. WILLIAMS, for the defendant, said, that
the will had been .drawn up by a very respect-
able man, and executed in the presence of a num-
ber •of equally respectable witnesses, all of
whom would be called; and would prove to the
satisfaction of the Jury, that at the time of the
will being signed, the deceased was off-a sound state
of mind. •
• John Aingell.-1 have lived at Holme nearly 50
years, and have made several wills for people residing
near me. I had known the deceased 40 years, and
in April, 18Z5, attended on him respecting his will.
The defendant pais me my instructions, the deceased
being at that time confined to his bed. I saw him
afterwards in bed, the nurses and Tolchard were also
present. I read the will over to him, and asked him
if it was his mind; he said yes, and asked me if it
_ _ _ _

- -
was firm and good; litold him that it would be as
soon as he and the witnesses should have signed it,
upon which the witnesses were called into the room,
and he, being lifted up in bed, signed it, after which
it was sealed and attested. By his desire, I kept the
will till his decease. On the following Tuesday I
added a codicil from the mouth of the deceased,
which was also attested, he saying " this is my hand
and seal."

Cross-examined.—All my written instructions
were from Mr. Tolchard. The deceased said that
he meant to give 101. a-year to his sister, out of the
land left to the defendant ; he said that before I
drew up the codicil, Mrs. Tolchard had before told
me the same. The deceased signed both the will and
codicil. I just repaired the W after he had written
it.—(Laughter.)
The JUSTICE told the witness that he had
been trying a very dangerous experiment, and that
he would advise him never again to meddle with
the writing of a dying man.
Witness continued—l will not swear that the last
Tis the ems as Hewitt made it. When the de-
ceased was signing the will, there were Tolchard,
myself, two nurses, and the attesting witness present.
I think there were all the letters to the name when
I repaired it. I will not swear to the last T being
there. -

Rev. Mr. Glover—l was called in on Easter
Sunday, 1825, to administer the Sacrament to the
deceased; I asked him if he had made his will; lie
said, yes; he did not seem very clear at any time,
but I should think that he was of a disposing mind.
Cross-examined—Tolchard gave me the will, but
he did not tell me that they were going to make a
new will that night; I offered Hewitt to alter the
will for him, as I thought that he should not have
left his money from his relatives, but he said "No,
I have made it to my mind."
Mr. Jervis, the surgeon, and the subscribing wit-
nesses, were then called, and swore nearly similarly
to the foregoing witnesses, except that here and
there were some discrepancies in their evidence.
John Mere—l knew the deceased; he came one
day to my house, and in the course of conversation,
said, that the Irishes and Hewitts, his relations,
were always quarrelling, and he had therefore made
up his mind to leave his property away from them
both, that there might be no grumbling.
The LORD CHIEF JUSTICE having gone through
the evidence, said, that it clearly appeared, no one
knew any thing about the will, except Aingell, and
the Jury had already heard how active he had been
in making alterations and tinkering the letters of the
deceased's name. With these remarks, he should

leave the case in their hands, simply reminding
them, that if they were of opinion that the deceased
at the time of his signing• the will, was so imbecile
and reduced, as to be unable to comprehend what he
was about, they would find a verdict for the plaintiff,

while, on the. other hand, if they, were satisfied that
though in a dying state, he retained his senses and
had a clear knowledge of what he was performing,
their verdict would be for thi-defendant:
The Jury, after deliberating for a minute, found a
verdict for the plaintiff—Damages One Shilling.

NORFOLK CIRCUIT.—NORWICH, Aro. 9.
William Rose was indicted for horse-stealing, and
convicted.
Mr. Baron GARROW told the prisoner, that al-
thoagh he should not pass sentence of death upon '
him at that time, yet it would be well that he should
prepare for the fate which certainly awaited him.
(The prisoner had been upon a former occasion con-
-sieted of pig-stealing.)
The prosecutor here entered the witness-box, and
expressod a hope that his Lordship would show
mercy to the prisoner as far as the law and his Lord
ship's juci.Fment would peimit.
Mr. Baron GARROW.—On what grounds do you
recommend the prisoner to mercy ? When I shall
have the honour of reporting the case to his Ma-
jesty, it will be expected of me that I shOuld state
the grounds on which the prisoner is recommended
to Royal clemency.
Prosecutor.—My Lord, if the man had commit-
ted murder, I think he would have deserved death.
Mr. Baron GARROW.—You think the law wants
alteration. If that be so, it is a misfortune which
we cannot mend : we must submit to it as it is.
George Witham, aged 22, and Charles Witham,
aged 26, brothers, were 'capitally indicted under a
statute of Elizabeth for breaking and entering, on
the 26th /of March cast, in the day-time, the dwel-
ling-house ofJohn Sturnham, at Oriston, no person
being therein, and stealing property above the value
of ss.—Verdict--" Guilty.
Mr. Baron GARROW said that this species of crime
apPeartd to be increasing, and was now as prevalent
as in the reign of Queen Elizabeth, when the Sta-
tute was el:acted for its repression. It would there-
fore be necessary to make some examples of persons
guilty of this offence, and the prisoners must prepare
for the fate which awaited them.
The same prisoners were then both charged with
the commission of a highway robbery, and found
Guilty."
llis LORDSHIP then put on the black cap, and
was about to pronounce sentence of death upon the
prisoners, when hey both became dreadfully agi-
tated, and one of the brothers fell down in a convul-
sion in the dock, Ills Lordship, after waiting some
time, said that he could not pronounce sentence of
death upon men in such a aituation. He therefore direct-t
ed that they should be removed for the present, assur-
ing them that they would certainly be brought up toil
receive the judgment of the Court during the assizes.
John Farrow,
aged 16 years, and Thomas Far-
-ow, aged 21 years, brothers, stood capitally in..
dieted for an offeuce of the same nature as the ford
slier, with having broken and entered, during th 4
day-time, the house of Thomas Williams, of Bans
nam, and stolen therefrom two watches and other
uroperty.
The prisoners were both found Guilty, and sell.
fence of death recorded against them.
Rushmere was charged upon the verdict of
coroner's inquisition, with mantatughter. It ap-
peared that the deceased was passing, on the day
before his death, through a village where a purse-
club were making a merry meeting. The club in-
vited him to take some drink, after which they put
him into a waggon with others, and after dragging the
vr,ason about for some time, they upset it in a pond.
_ The deceased was thrown into the water, where
he continued some minutes, after which he was
taken up and carried home, where he shortly after
expired.

Mr. Reed, a surgeon, examined the body of the
deceased on the 22d of August; found marks of
inflammation in the stomach. The marks which
witness observed indicated such a degree of in-
flammation as would have produced death. The
deceased 'died of inflammation of the stomach and
intestines. •

Mr. Baron GAnnow,--That is to say, he died a
natural death. Witness.—Yes,my Lord.
Mr. Baron GARROW here addressed the Jury, and

recommended them to acquit the prisoner without
going any further. It was likely enough that the de-
ceased had met his death by inflammation of the in-
testines, but there was no evidence to trace the
disease to its origin. " Whilst I am speaking-," said
his Lordship, " the history of our country affords
a melancholy proof that inflammation uses but little
ceremony in its operations, and levels the highest as
well as the lowest, without any discrimination."—
(A London paper (THE SUN) was at this instant
handed to one of the gentlemen of the bar, which, on
being opened, exhibited the usual appearances of
mourning, and contained the account of Mr. Can-
ning's death. The appearance of the paper excited
a deep feeling of sympathy for the fate of the illus-
trious Statesman, and a deep silence prevailed in
Court for some minutes.)
The prisoner at the bar was acquitted.
_Henry Pitcher, aged 21, was ' put to the bar,
charged with having stolen a gelding, and bridle and
saddle, value 141. The offence was clearly proved
against the prisoner, who was found Guilty—Death.

FROM LAST NIGHT'S GAZETTE.

Devonport, July 20, 1827.

His Royal Highness the Duke of Clarence has been
pleased to appoint the Rev. William Henry Roberts, M. A.
Fellow of King's College, Cambridge, and Rector of
Clewer, iu Berkshire, to he one of his Royal Highness's
Domestic Chaplains.