Star.
London, England, 1807-12-05 00:00:00

MIDDLESEX SESSIONS.

EiteLEET WELLS.
•
"•‘. .4
Ye&relay Vince*: Pierce, joke Pierie; Elite. Lucar,
and Lucy.Rblph. 'were indiet:A for a riot and affault
at Sadler's.Wells, on the night of the ifth:Oltobet
lag. The three fiat appeared to take their trial. and
pleaded Not Guilty—but the fourth bad abfconded
Mr. CON sr, in opening the cfae on thspart of the
prufecutiun, regretted the neceffity he feltut calling
the attention of the Court and Jury to one of the
moR melancholy cafes that ever appeared in a Court
of Juftice, namely, the dreadful catafrophe that took
place during the performance at Sadler's Wells, on
the night of the ig hof 05tober. Although he was
convinced that the defendants at the bar had no idea
of being the inflruments of fo melancholy an event.
it became, however, the duty, as well as the incli-
nation of the managers of that Theatre, to Aft the
matter to the bottom, and make public examples of
thofe who were the carafe of fo (hocking an accident.
Upon the night in quellion, the three perfons at the
bar, with another woman, who had deported herfelf
very badly, and had fence ablconded, had feated
themfelves in the pit, and were extremely riotont
during the whole of the evening. They began by
annoying and abufing a young gentleman. whore
forbearance was very great, but at lag the Pellet
Officers were obliged to interfere, and they alto
were abufed in their turn, when there was a*general
cry of " Turn him out !" The Officers then endea
%lured to take him into cultody, and in the Rrogile
to efzape, there was a cry of " a fight ! a fight
which was immediately con Itr ued into a crypt "fire,"
and was reiterated through every part of the houfes
in confequence of which the alarm became fo great,
that in the ftruggle to get out, the fatal catafirophe
took place, which he thought it then unneceffary to
comment upon. One of the fic a objeCts in fuels a me-
tropolis as this, was, that places of public amufetnent
fhould be preferved, free from riot and diforder, and
he hoped the refult of the prefent profecution would
be an example to others in Fiume, not to purfue a
like improper and perhaps mifchievous tonduCt.
Mr. George Shuter depofed, that he was in the
back part of the pit, upon the night in quettion, and
about eight o'clock obferved the three defendants
quarrelling among themfelves, but this he afterwards
thought was " thaw." They were feveral times int)•
ken to by the people about them, to delft, but they
continu-d this diforderly behaviour until ten o'clock,
when the Conftables interfered and remr•nftrated with
them ; they, however, bid the Conftables defiance,
and derided them. They then fent for fome brandy,
which teemed to increafe their inclination for quar-
relling, and fmn afterwards they became fo ria-
tons and diforderly, that the Conßables were obliged
to call affitiance, to take the-n out. When in cuflody
they made light of their offence ; and upon being
told of the fatal effects of their conduCt, one of them
( Vincent Pierce) exclaimed, they could not hang them
at all events.

There faas, with others, not neceffary to detail,
having been already before the public, were fully
corroho'ateci by John Hughes, a boy, who attended
the Theatre with fi gilt, and two conßablet.

Mr. Charles Dibdin, the proprietor oftheneatre,
was alto examined, to (hew that every thing had
h:en done by the Managers and Condudors of the
Theatre, to prevent the dreadful catafirophe. Upon
his crofs examination, he admitted, that wine was
fold at a cheap rate at the Theatre, during the per-
formance, but denied that any complaint had been
made to him refpefling the officers of the houfe vend.
ing fpirir nous liquors to the audience, as in that event
he (liquid have immediately difmiffed them—but he
laid he had been told fuch pra4lices were fometimes
carried on.

Mr. Ks Ar P. for the; defendants, admitted the great
impot lance of teeming the perfons of the public, from
filch accidents as that un.ler confideration, and agreed
m the fame fentiment with Mr. Conti, that the Jury
fh old si:lcharge from their minds every premature
prejudice, and look at the cafe before them as if nos
loch event had ever taken place. The quefiion which
they had to try was, according to the words of the
indiernent, whether thefe defendants had affembled
together in a difot deity manner, with intent to breed
a riot, to ditto' b the public peace, and to injure and
affault his Majelly's liege fobjeds. In order to condi-
tute a riot, it lb ,uld appear that three or more perfnns
had been concerned in it—bot in this cafe, although
the evidence went to thew that the three defendants
had been very turbulent and diforderly. yet it did
not appear that the cry of " fire," which was the
real caufe or the did urbanee, did proceed from them,
nor did any cry take place until after they were in
'Windy ; the previous intention. therefore. of com-
mitting a riot did not exill : and in his opinion, altho'
thefe parties had cunducred themfelves very impro-
perly, he did not conceive that they ought to be found
Guilty under this indiamenr,
The Chairman in his charge to the Jury Rated that
to constitute a riot at law, three or more perfons
mull be concerned in loch intnoltooos condor% The
Proprietors of the Theatre were certainly entitled to
very great credit for bringing forward the prefent
profecution, and Int their exertions at the time of the
unfoltnnate event that happened at the time Rated
in the indittment. But the Jury mull put that event
entirely out of their coaftderation in deciding upon
the prefent cafe.

The Jury confulted together fora few minutes, and
then pronounced all the Defenlants—Guilty.
Sentence was not pronounced.

jobs Briggs, an attorney, was indifted for affanit-
ing Mr John Macdonald, a furgeon and apothecary,
in Great Maty la bonne tireet.
The Defendant went to the houfe of the profectunr
to tender Si. as payment in full of 171. 7;. 3d. b:ing
the amount of the latter's bill for certain medicines,
againft a Mifs Murray, and upon the Donnr's refs-
flag to accept it a% fuch, the defendant grofsly abu-
fed him, which irritated the lloaor fo much, that he
retired tor his horlewl.ip to chatlife the Lawyer. In
the mean time, the Lawyer feized the Dator's pro-
feffional cane, and (baking it over his head is i me-
nacing pofture, threatened to knock him &path; and
this aft of the Lawyer conflituted the affault com-
plained of.

The defendant was found Guilty, and the Court
fentenced to pay a fine of fu Ailing: and nila-
!Me.

OLD BAILEY; DEC. 4.
Mary Creels was indided for fteaVig in the dr:M-
ing bottle of Mr. Mayßon a bill, of exchange for
421. 15s. and all, five tl. bank notes, forme *old and
flyer in a Intel pnrfe, the properiy of the faid Mr.
Morton. f•
Mrs. Ma Bon, the profecutyt's wife, raid that the
hook wait ah fire en the 23d ofoEtober lan, on which
occafion tlfe'plifoner came there: She was firft dif
covered oa the firft floor. Mrs. May Ron had left a
hollan4 Ode, containing a bill of exchange for
pl. tr. and five tl. bank of England notes. The
bill was drawn payable to.the order of " Sufannah
Comb,". two months after date, and "accepted J. D.
Kean," indorfed "M. C. Lavender." There was
alfdin the purfe half a guinea in gold, and Come fil.
ver. As loon as the fire was pat out, the witnef.
went up fairs to look for the purfe, but found it was
&Olga ;—lbe had not feen any body in the room ;
Med a queftion of the fervent, in the pretence of
Ids ptifoner, who had the purfe ? The let vent laid
fit had not feen any thing of it. The prifoner laid
OA Wit the only ftranger in the houfe who had been
up flails, and faid (he would give the witnefs her
addrefs, which eluded all fufpicinn ; and the was let
go without any difficulty, although the was not known
before.
Mr. Mayften the profecutor laid, that when the
pallier was taken into cullcdy cn this charge,
which was on the 4th of November lati, he went to
the police office in Marlborough Ilreet, where he law
the plifonar..--.4 I afked her," laid he, " what the
bad done with the bill of exchange ?—(He had not
told her any thing to induce her to confefs—defiring
her only to (peak the truth)—What the had done
with the bill of exchange of 421 ? She told me the
had given it to Mr. Dawfon of Walworth, but
where he lived the would not tell me, although I
i(ked his perfonal addrefs. I then afked her how
the came to think of (leafing the purfe at a time when
the family were in fuch diftrefs ? I afked her what
that purfe contained ? She faid, nothing mote than
a bill of exchange. I then afked her where the had
got that purfe—in what part of the houfe ? She
faid the found it down flairs, and did not deny haw.
ing been in the houfe at all. She then faid, the picked
the purfe up. and heard it jingle. I then laid, it
was very unlikely that the purfe (hould jingle, if
there was nothing but a bill of exchange in it. She
then confefTed, that the had paid two of the IL notes
to her landlady, after " the had ftolen them.—Thefe
I were her words. I afked her what the had done
with the refl ? She laid, the had got drunk and loft
the reft."

Jofeph Brown, of Norfolk fireet, Middlefex Hofpi-
tel, had known the prifoner for years—fhe was mar-
ried to a thoemaker. " On the 24th of Odlober, in
the morning, the prifoner, in company with another
woman, were in my fhop. The woman with the pri-
foner pledged a ring. The prifoner had got a piece
of paper in her band, which the was (hewing to a
caftomer in the !hop. I Aced to look at it ; (he gave
it me : faid, the fuppofed it was worth nothing. I
told her it was worth nothing to her ; I aiked her
haw the came by it ? She told me the found it.—
Looking at it, I found it was a bill of exchange, and
faid that the bad better take it to the acceptor, and
then the would find the owners and perhaps get
fomething for her trouble. I then gave it her back
again. This was on a Saturday. On the Monday
following raw it advertifed ; I immediately went ,
down to the hoafe of the profecutor with the ring I
had taken in pledge, for I thought that the ring had
been Qolen, as well as the bill of exchange. On the
Wednefday following, the 4th of November, the
prifoner came again to the (hop; I told her I mull
detain her until I fent for the Gentleman to whom
the bill of exchange belonged. I afked her what fhe
had done with the bill of exchange ? She faid the
had given it to Mr. Dawfon on the Friday follow.
ing. In confequence of information which I after-
wards received, I went to the room where the Kilo-
Der lodged. I taw Mr. Dawfon—a man who an-
fwered the name of Dawfon ; I told him that I wan-
ted a bill of exchange he had got from the prifoner,
who was then in cutlody. He took it out of his
pocket, Paying, he would not give it to me ; but
that he would give it to her hu(band, which he did,
and then her hufband gave it to me."
Mrs. Mayllyn looked at the bill of exchange, and
proved it to be the one flue had loft at the time of the
fire, and that the was Pure it was not nut of the purfe
when the left it on the table. The prifoner had a
very good charafter.
Mr. plaice GROIN told the Jury, that this was a
capital offence. Stealing in the dwelling hook to
the value of forty fhillings, and by an Aa of Parlia-
mem. a bill of exchange, was the fame as any other
property. The pawnbroker deferved praife for his
condo& in this cafe.

The Jury found the prifoner Guilty—Death
aged 26. Recommended her to mercy.
Mr. Mice Gauss —" The King'6 commands are,
that the grounds of recommendation to mercy fhould
be Bated. The Jury faid, On account of her very
good character."
Mr. bailee -Otosag4 Mr. Shorthand writer, be
fo good as to take notice of that."

Lawrence Flanagan was indifled for feloninufly
healing, on the 23d of November, feven Turkey oil
Runts, value twenty flings and upwards; the
property of James Tr imby,
.1)11n Bell, and Benjamin
Howard.

The prifoner's defence was little more than a po•
fitive denial of the charge ; but the Jury relying on
the teftimuny of the principal wituefs, found him—
Guilty.
[This prifoner was tried laft evening for the fame offence ; but
in confequenee of a Saw in the indidtment —the name of the third
partner in the profecatora' firm being Rated Howell, inftead of
" Howard," the Jury, under the direcßion of the Learned Recor-
der, found a verdict of acquittal. The profecutora, however,
thought proper to prefer a fecood indietment (which, as the
Grand Jury were not then ddiniffed, they lad Rigidly a right to
do), and upon which he was convideel, as above ]
Jofeph Iflamr, one of the defcendants of the Ifrael-
itilh Emigrants, was convidted of flealing a leather
pocket book (an oldinary pickpocket affair), from
Henry Welk', a foreign mariner, his property.
The prifones,'it appealed, having by means of a
falfe affidavit endeavoured to put off his trial (the
profecutor being oeeeffitated to leave England in
the courfe of a few days), the Rscoaaaa feverely
raprimaaded him for Inch criminal cunduel, which
he affured !aim &mild lead w an aggravation of bis
put:Amen.

jam Witt, an elderly man, and of ge even
rof dignified appearance, together with Samuel
IVarntr, were put to the bar, and afked by (1 e
Deputy Clerk of the Arraigns' whether they were
not now defirous of pleading "Guilty" to an indift-
ment for a confpiracy, preferred againft them, to
which they had before pleaded " Not Guilty r'
which they both anfwered in the affirmative. They
were then held to their appearance in Court when
called upon, on their own perfonal recognizances for
tool.

Bland, a tailor, was indiCted for healing pri-
vately out of the chop of John Robinfln, a piece•
broker, two remnants of cloth, value 21.

Elizabeth Robinfon depofed, that the prifoner
came into the drop of her father, on the i of
November, and bought four yards of black kerfey-
met e, which the was to hive damped ; he looked at
two remnants of cloth that were in the window ; not
being able to tell him the price, the replaced them
in the window ; he went away, and returned about
twelve o'clock, with a bundle of cloth, compared
the cloth with the kerfeymere, and fo•rnd they
matched well. Two perfons came into the Sop ;
the went to the other counter to ferve them, and left
the prifoner folding up the kerfeymere, which he had
paid her for. When he had done folding the kerfey•
mere, he wifl►ed her good morning, and went away.
She watched the other two petfons clofely ; one of
them bought a fmall quantity of cloth ; of the other
the Witnefs bought two dozen of buttons; was con•
fident they had not gone near the counter where the
remnants of cloth were. Witnefs faw them both
nut, and [hut the Chop-door after them. Some time
after, her father came home, and a gentleman came
in, and alked for one of the remnants. On her la-
ther looking for it, it could not be found ; the in-
formed her father of Mr. Bland, the prifoner, being
at the (hop, and her fufpicions.
John Robinfon depofed, that he had known the
prifoner fume time, and from the defcription his
daughter gave of the perfon (he bad fulpeded of
(leafing the remnants, he was furpriled to find it was
the prtfoner. On the Wedoefday following the pri-
foner came into his (hop, and on his mentioning his
fufpicions, prifoner declared, as he was an honelt
man, that it was not him, and would give Witnefs
every fatisfaelion. Prifoner then gave him his ad-
drefs, viz al Mr. Hoare, Attorney, No. 5, Inner
Temple." A fortnight afterwards Witnefs met pri-
foner, Aced him to go before a Magifirate, and
[wear he did not take the remnants. He immedi-
diately went, and on raking the Officers, at Bow-
llreet, to tender the oath, they refuted, and took the
prifoner into cullody.
The Court alked the prifoner what defence he had
to make ?

Prifoner Paid he was innocent of the crime alledg-
sd againd thim, and that he •had feveral witneffes
whom he wifhed to be examined.

Abraham Hoare, Attorney, depofed, that he had
chambers in the Inner Temple, and that the prifoner
had a room from him, for the purpofe of being con-
venient to fume of his cutionters. He had the belt
opinion of him ; and had entrufted him to receive
packages that might come in his abfence. Fourteen
Gentlemen, of refpeaability, gave the prifoner an
excellent changer ; none of whom had known him
leis than ten years, and the greater part of them so
years.

The Jury returned their Ver&l—Not Guilty.
George Edger, aged ;6, was capitally indicted for
Pealing in the dwelling houfe of a Mr. William
Clarke, with whom he lived as an apprentice, a
quantity of watch diamonds, to a confide:able value,
his property : and the above prifoner's brother, W.
Edger, aged 21, ilia out of his time with the prole•
tutor, was indided for Teething the fame, knowing
them to be note°.

Mr. Clarke Rated, that he was a dealer in watch
diamonds, :and the two prifoners were his appren-
tices. In confequence of his milling a great number
of diamonds, at various times, he was at length in-
clined to fufpeet the prifoners. He fent for a conitable,
and charged the prifoners feparately with robbing
him. The eldeß of the brothers denied having any
knowledge whatever of the property. The youngeft,
upon being allured that it would be better for him to
tell all he knew About it, immediately confeffed that
he had Rolen fome, and upon him was then found 26
diamonds, fome rubies, and feveial pawnbrokers'
duplicates of a confiderable number more.

Two pawnbrokers' fervants produced feveral (mall
parcels r.f diamonds, pawned-by both the prifoners
fcrerAlly, and at different times.

Barr;ri GRAHAM, who tried the prifoners, upon
this told the Puy, that however unfortunate it was
that fuch young men as the prifoners humid efcape
junice, yet, owing to the inexperience of the perfon
who drew up this indiament, they had confounded
the crime, 12/ charging one of the prifoners with
healing, and- the other receiving, knowing to be
Nolen ; whereas it appeared in evidence, that they
were both prifoners, which miftake mull render the
indi.tment ineffalual, and the Jury mug be compels
led to acquit the prifoners.
The prifoners were accordingly acquitted.
The Learned Judge very juilly reprimanded the
pawnbrokers with great feverity upon their blame-
able conduft, in receiving fuch valuable property
from the prifoners, whom they might very well know
could not come by the diamonds honeilly. He had
but too much reafdln to lament, that owing to fuch
perfons as thefe pawnbrokers, youth were tempted by
the facility they found in railing money, by pawning
their mailers' property in their hands, that it tended
very unhappily so encourage that pronenefs to vice,
which might be detated frequently, did thefe per-
fons a& as honell and upright men ought to do in
fuch cafes. He difmiffed them for the prefent with
a fevere admonition, and willing that they would
a& for the future as became ufeful memers of fociciy.
The cafes immediately before the Court being dif-
pofed of, the neat prifoner on the orders being called
for. Mr. Newman, keeper of Newgate, came forward
and acquainted the Court " there were no more pri-
loners down, as the Sheriffs had direited that no
more than fire prifoners fh:)tild be brought down at
a time ;" and the cafes of thole who had been down
were difpofed of.
The itscoaciaa inquired of Mr. Newman which
of the Sheriffs bad given inch dirations to which
Mr. Navistar replied—" Both the Sheriffs loge.
cher."
Mr. Recommit then (at eight o'clock) adjourned
the Court to the ofual how to-morrow.