Star.
London, England, 1801-01-13 00:00:00

HICKSS HALL, CLEItKENWELL

MONDAY, JAN DAILY ts.
The Seflions c immenced this day for the trial
of Aflitults and Mifdemeattors.

Edward Thirsts's; the driver of a cart; was in-
dined for afraulthig Captain Duriiibrd.
It appeared, from the evidence, that' Captain
Durnford was driving a one-horfe chnife fome-
where near Kilburn, when he perceived the &fen-
dant about zoo yards before his cart, and the cart
on the wrong fide of the road.—Apprehenfive of
danger in attempting to pats the cart, he whipped
one of the horfcs, in order to turn it to the right
fide ; the defendant ran up, and not only prevented
the deign of the profecutor, but made Ilk of a deal'
of improper and violent language towards him.
Upon this, Captain Durnford got out of his chaile
to take the number of the cart, but the defendant
elbowed him, kept him at bay, and obliterated
the number with mud. The Captain petrified in
knowing to whom the cart belonged, and followed
it into a field into which the defendant drove it.
Here the defendant ftruck the Captain, whys, in-
dignant at a blow, retorted with filch agility and
dexterity, that his adverfitry was immediately laid
proftrate in a ditch. He ftood over his fallen and
vanquithed foe, and (wore he should never tire,
unlefs he told him to whom the cart belonged.—
At this moment the Captain looked round and
faw two men approaching with pick-axes and
(hovels; he concluded they had come prepared
not only to difpatch, but to bury him afterwards.
Anuated by this imprelfion, he ran to his chaife,
and, (tiling his invincible fword, returned to the
field of battle. With this redoubtable weapon he
kept his three opponents at arm's length, and at
latt fucceeded in difcovering that a houfe at a short
ditiance from the field was occupied by the owner
of the cart. Satisfied at this difcovery, he effen-
ed a gallant and honourable retreat. He applied
to the Magiftrates at Bow-tireet, who fiimmoned
the defendant,- and not only fined him for refuting li
to let his number be taken, but recommended the

prefent profecution.
The fats being clearly proved, the defendant's
Counfel, Mr. Comer, had little elfe to urge, but
that, contrary to every principle of Englith law,
the defendant had been already twice punifhed
he had not only been fined by the Magiftrates, but
had been loundly threfhed by the profccutor ; and
confequently, that a further punifhmcnt would be
the extreme of feverity.
The CHAIRMAN obferved, that the public were
much obliged to Captain Durnford for inititut-
ing this profecution. He hoped it would be a
warning to perfons who drove carts, not to prevent
their numbers being taken, whether they were con-
felons of having ated improperly or not. The
feotence of the Court was, that the defendant
flovld be imprifoned one month.
Francis Maundy and James Matieqy were india-
ed for affaulting Major-General Arabin, on the
isth of July latl, near Drayton, in Middlefex:—
The profecutor Rated, he had been in the Com-
mifflon of the Peace for twenty years, and was
well known as a Magiftrate, not only by the de-
fendants, but by the inhabitants in general of that
part of the county where the offence was commit-
ted; it was at Hillingdon, near Uxbridge; that
being out walking in company with his daughter
and fon, in autumn laic, he obferved the defendants
&Ling in a (mall rivulet with an unlawful net;
that well knowing the river had been frequently
poached, he went up to them, and demanded, in
the King's name, that they would deliver up their
nets; Francis Mattenly damned him and the King
too, and immediately flruck him ; he remonitrat-
ed with them on the impropriety of their conduft,
and in fi fted on having the nets, when he was pulls-
ed at by James Mattenly with a pole, with an
iron fpike at the end of it, with which he had been
filhing, advanced s pas els charge, like a foldier with
his fixed bayonet, and threatncd to fpike him, but
which he warded off.

Another Witriefs was called on the part of the
profecution, but all that he was able to date was,
that he was lying on a hay-flack, about too yards
from the parties, and all that be raw of the tranf-
adion was that they were in a butcbsc.
Mr. AL 1.1111 made a very ingenious fpeech in fa.
your of the defendants, and fiid that the General
was humbugging the jullice of the country, and
I chewed very little Gencralfhip in bringing this
bufinefs forwards that however fuccefsful theGe-
, neral might have been in other fields of contention,
he would find in this that Grata titian, loge. The
defendants were fifhing on the premifes of a Mr.
Rolfe, by his permiffion, and General Atabin had
no right to interfere.in the manner he had done.
He fhould prove by feveral witneffes that the af.
fault was committed by the profecutor, and of '
courfe the Jury would acquit the defendants.
On the part of the Defendants,who, it appeared.
were little farmers, Mr. Rolfe proved his having
given permidlon to them, with fame other porton',
to fills in this place, which he Rated to be no bet-
, ter than a ditch, and which he conceived he had
a right to do, it being on his own premites.
Richard Bennett Paid, he was one of the arty
when the General came up, and feizing James
Mattenly by the collar, Paid, " you rafeal, what
buffets have yott here ?" To which he replied,
" I hope. Sir. I have not offended you, nor have
I done any wrong." The profecutor Paid, "if I
had my pistols here. I would (hoot you," and im-
mediately called to his fon to fetch his piffols. The
evidence of this wits& was confirmed by two
others, who taw the tranfadions

•
e recapitertitca the evidence for
the profecrtion, and far tlii lief( ndants. He ah
terve(); it was forttin:.te the`General had w)t his
patois with him. The Jury would take the whole
into their coolideration, and give their verdia lc-,
cordiagly. The Jury immediately found the de-
fendants Net
gone Noma was indilled for Militating David,
Steel; on the lad of 011ober. The profecutor isi
a cheap baker, in Drury-lane. The defendant had
purchafed a loaf on that day Mutt his (hop, which
/he returned as not being proper weight; at the
fame time, in confcquence of fome words between
them, the went to the door, and called out) " here
are Irith thieves and Scotch thieves comes to rob
us."—A mob foots collected, and began to affail
the houfe, by throwing dirt and flones, and the
profecutor was Obliged to [but it up ; the alfo tore
his cloatlis almoft off his back, and got his finger
in her month, which the bit very much.
It was mulled on the part of the defendant, that
the profecutor firft atfaulted her, by kicking her,
and ilribing her 'on the head ; but this *Tertian
failed in the proof, and the jury fotitid lift Go*.
She was fentenced to pay a fine of thirteen [billings
and four-pence.
The CHAIRMAN obferved, it was very improper
conduet to take the law into her own hands, and
to raifc a mob before the houfe, in thefe times.—
She had got her money again for the loaf, and
ought to have gone about her bufinefs.
"An Well., was indiaed 14 receiving a quantity
of wine, knowing it to be Itolcn.
James Laval, profecutor in this call., (acd that
he was a wine-cooper, and had cellars neat lion-
gcrford market. The defendant kept the White
Hark public-houfe in the fame market. On the
tBth of November lA, he found that his cellar had
beim broken open, and a quantity of wine in
bottles Rolen from it. From feveral circumllances,
he had a fufpicion that it was at the houfe of the
defendant, which induced him to get a fearch war-
rant. On executing the warrant, he found feveral
dozen of his wine, which he knew by the fcals on
the corks and feveral tops of corks cut off from the
bottles, which had alfo his Peal upon them. A
Bow-greet officer confirmed this teftimony as to
finding the wine.
She was however acquitted on the ground that
her hulband ought to have been indieted ; there
being no evidence to Phew that five ailed without
his knowledge or privity.