Star.
London, England, 1822-08-28 00:00:00

SUMMER ASSIZES.

LANCASTER, AUGUST 24.
THE LINO V.
_JOHN M4CARTY AND OTHERS.
Mr. Somturrr said, the defendant was indicted
with others for a conspiracy. At only one surrendered,
it would not be necessary to detail the evidence re-
specting others. The conspiracy betrayed great in-
genuity as well as fraud. Mr. M'Catty had been a
rectifier of spirits in Seal-street, Liverpool, and kept
a brandy cellar under the firm of *Carty and Co.—
The fraud now complained of took place so early as
1817. The reason why they had not been sooner
brought to trial was, that they had escaped, and none
of them could be found till the defendant surrendered.
The Airy were aware that articles paying a duty
which would be given back upon exportation were
bonded without paying duty until they should be ex-
ported. From this arrangement arose the conspiracy
and fraud now before them. The Learned Gentle-
man then detailed the facts. Out of nine puncheons
seven had the brandy withdrawn, and were filled with
pure water. The object was, by extracting the
brandy for home consumption, and exporting water
instead, to save the duty upon the brandy. Casey,
Walker, and Strachan, had not surrendered ; Robin-
son had surrendered, but a noli prosegui wan entered
with respect to him, and he would probably be pro-
duced as a witness to them. The machine which had
been contrived for admitting a man into the cellar
was in Court for inspection. The officers had their
suspicions excited by observing the bungs enlarged
far beyond their usual size. This had been done in
order to admit the pipe through which they pumped
the brandy up into the warehouse, above the cellar.
It was not merely the Revenue, but the fair dealer
that was defrauded by such transactions.
A number of witnesses were called, whose evidence
fully established the charges laid in the indictment.
Mr. WILLIAMS raised an objection on the record.—
The charge was to defraud his Majesty of duties
that would be due.' Now it appeared that the duties
would be paid in any case upon the removal of the
spirits or the expiration of the period of bond. In the
indictment there were of course eleven counts. The
Bth and 9th counts referred to the securities, Priestly,
Griffiths, and Yates, exclusively ; and all the counts
included them except the last, which was general.
The LORD CHIEF JUSTICE, after reading the bond,
said they were distinctly bound as sureties.
Mr. WILLIAMS next objected that every count but
the last contained the allegation, " joint locks."
The LORD CHIEF JUSTICE was of opinion that
" joint locks" was the language of the Statute ap-
plied to such locks. He had no doubt that there was
abundant evidence to prove an intention to defraud
the King, though there were securities. Supposing
water were exported instead of brandy, his Majesty
would be defrauded. Do you address yourself to the
Jury, Mr. Williams?

Mr. WILLIAMS.—That being the opinion of your
Lordship, Gentlemen of the Jury, I must decline
addressing you.
The LORD Cum, JUSTICE said, the Learned Coun-
sel acted very discreetly. He had applied the acute-
ness and talent for which he was so much distin-
guished to objections arising on the record. It was
his Lordship's opinion that those objections were not
valid. If they thought it necessary, he would read
the evidence to them; if not, as it was probable, be-
cause a more clear case never came before aJury, he
would save them the trouble of hearing the evidence
again a second time.—Guilty.
Mr. WILLIAMS asked for ume to prepare affidavits.
The LORD Cum JUSTICE asked, what time?

Mr. WILLIAMS thought, till Monday would do.
Mr. Warty, who was in Court, and allowed by
his Lordship to sit beside his Counsel, was immedi-
ately taken into custody. He was apprehended
upon this charge while in the King's Bench, in in-
solvent circumstances.

Thomas Boden, aged 21, and Thomas Lancaster,
aged 17overe charged with assaulting and robbing
Samuel Hall, at Stretford.
Samuel Hall, a butcher at Stretford, near Man-
chester, attended the Manchester market; did so on
the 3d of this month. I had four sovereigns when I
left the house in the morning wrapped in paper. I
sold 31 sides of bacon, and received pay for 17. It
was between £l4. and £l5, four sovereigns, and £9
odd in silver. I went to the Boar's Head and got
drunk. My wife came. She took four sovereigns
and some silver from me. I returned to my stall. It
was past twelve o'clock when I left Manchester, at
midnight. I had the silver in my waistcoat pocket
and the four sovereigns in my fob.. Near the new
road to Stretford, I met with five men. They were
standing at the paling. They said, " How far away,
jolly butcher ?" I said to Stretford. They said, " We
go that way, but the new wily is the better way."—
, Two of them linked with me, but I said I could go
myself. After having gone 60 yards, Boden struck
me on the back of the head. It felled me. They
tore out my breeches pocket. After that, they made
me pull my coat off, and while I was doing so they
tore the sleeve. " D—n you, strip," they said: they
made me pull off my waistcoat, and threw me then
over the railing. They took the sovereigns: I ran
after thew. &den then turned round and said,

GO

hips, let th Saeskith* et" 0;4 die two
prisoners turned back. I oak a Spate ony life, yen
have got all I had." Bodes struck one oa the We,
Ind Lancaster kicked mean tie back. Two Mell am*
up with a pistol andtun, sod secured the two poisoner%
By Mr. COILTMAILI fought with ono man at the
Boar's Head ; I got drunk at scion, and got idler
again by giving over drink. I slept it doe Beds
Head ; I never lay down, and slept in my stall.
Other witnesses were called who corroborated alt
they saw of the transaction, but witnesses called alk
the other side gave such an account of the &noble-
ness of Mr. Hall on the night in question, ohm ids
Lordship expressed doubts whether a robbery coda
be proved, and the prosecution was abandoned.
Patrick Riley, aged 19, and Rickard Tyrretl, art
28, were charged with having assaulted Jame:W*lN
head, at Failswortb, and robbed him of a pod:oi
book, containing bills for several hundred pound;
an/ seven sovereigns
Mr. Whitehead said, he was riding from Manche"-
ter, on the Oldham- road, towards Saddleworth, where
he lived. He heard the report of a pistol, and was
almost blinded by the Rash. Immediately two per-
sons seized him, one by each leg, and a third petrol
pulled by the coat behind. They dragged him of
his horse, and knocked him down. He got up and
struggled with them. One, whom he believed to be
Riley, presented a pistol and snapped it, hut he be-
lieved it was not loaded. He knocked hint down
with his whip. He afterwards struck another, who
fell down. But they thrust him a,ainst ais ling,
which gave way, and one of them, he believed Riley.
kept knocking at his head with the butt-end of a pis-
tol. Another also struck-him with a pistol. He was
quite overpowered, and all he had in his pocket taken
from him. When he got,up they had gone some
yards towards Manchester,
.and two of them, he be.
lieved the pt isoners, looked back, when Riley said-...
" Let us finish him, he is fur having a look at us,'
The other man resisted this ; that man was dreired
exactly as Tyrrell now. Riley pres,:nted his 1)..t0i,
and said, " If you approach this way, you arc a
dead man." •

The prisoners were taken in Liverpool, attemptin
to get the bills negociated, through a countryman of
the name of Sullivan, an innkeeper.

Tyrrell endeavoured to cros•examine, and made a
long speech in his own defence, in the lowest Irish styk.
He was his mother's favourite of 16 sons, and could
get all the Gentry and Nobility of his own coact:•;
to give evidence for him. He had only by accident
fallen in with the boy Riley, who had found a gooi
thing. He had recommended to make the bills up in
a parcel and send them to the nearest Post-office, to
the place to which they belonged, but his advice wai
not taken. He could assure my Lord and the Jury
that he was never guilty of such a thing as was lid
to his charge.
Riley took up the story at the same point, but con.
clnded without saying that he had found the bins.
Tyrrell again resumed, and assured the Jury tliat
he was one of sixteen brothers and six sisters.

' Mr. Baron WOOD—What, are you going to malt
another speech?
Tyrrell—Well, my Lord, and Gentlemen of the
Jury, it is all true as I tell you.
The Jury returned a verdict of Guilig.
Tyrrell turned about to his Lordship, and bowing
very respectfully, said "Thank you." He repeated t!
same extraordinary expression of gratitude to the-Jur:7.

Ftars.—Yesterday morning, a fire broke out in one of the new
houses, No. 184, in Regent-street, belonging to Mr. CHANDLFI4
the builder. It originated about eight o'clock in the morning,
during the absence of the workmen at breakfast, when a spark
flew on some loose shavings. The flames soon arrived at a great
height, and burst with much fury through the first floor windows.
The alarm soon reached the Fire-offices, and several engines SCOII
arrived and extinguished the flames, but not until much injury
was done.

Yesterday morning, a fire broke out in the house of Mr. LAW-
Tex, clothes salesman, in Upper East Smithfield, which totally
destroyed the same, with the stock in trade, and greatl7 damaged
the adjoining ones of Mr. SYEA RMAN, gun-manufacturer, ar.d
lirrest.r, oilman.