Star.
London, England, 1813-08-13 00:00:00

HUTCHINSON V. PIPER AND ANOTHER.

This was an action which WAS tried the third time.
It was to recover penalties on the Statute of Usury
against the Defendants, who were Bankers at Dork-
ing, f )1' usury, in discounting various Bills of Ex-
change for Mr. Peter Botham, formerly a Magis-
trate, and well known in this county. The account
of the transaction, as he detailed it, was, that in the
years 1809, 10, and 11, he dealt with the Dorking
Bank, and they accommodated him with discounts :
that, in 1810, he had a conversation with Mr. Dewd-
ney, who told him they could not discount on the
usual terms of five per cent. and that he must take
bills which had some time to run—accordingly,
when he discounted paper with them, he took as
cash other bills which were not due, and which
sometimes he had himself previously discounted with
them. With respect to the particular transaction, it
was one which took place on the 30th of April, when
he discounted with them a post-dated cheque, payable
on the 16th of May, in return for which they gave
him a bill which they had before discounted for him,
drawn by himself, and accepted by one John Ault,
without allowing him the discount ; and that he had
paid for discounting this note, and again received it
as cash on discounting the cheque, so that he had
actually paid £5 per cent. twice over, making it £lO
per cent.
Lord ELLaNsonotion, in summing up this case,
told the Jury that it was necessary to prove a corrupt
contract for an illegal interest, and looking through
his notes, the witness had not said a single word as
applicable to this transaction, and had stated a for-
mer conversation, in which the Banker had :stated
that he could not do business at £5 per cent. ; but,
in his opinion, it was necessary to slew that that was
the principle upon which the actual discount was
taken, and there was not a single word in the evi-
dence to establish that fact. Under this direction
the Jury found the Defendants—Not Guilty.
On the Crown side the cases were wholly insigni-
ficant, and finished at an early hour.

ExactiTtow.—Friday -morning, at half-past seven
o'clock, Azubah Fountain and G. T. Rowell, con-
victed at the late Lincoln Assizes of the murder of
the husband of the former by poison, were taken in
a cart to the usual place of execution, in the neigh-
bourhood of Lincoln, where they joined in prayer
with the Clergy man for a short time, and then ascen-
ded the fatal steps, with mere resolution and compo-
sure than could be expected from persons in their awful
situation. The ropes Were soon adjusted, and the steps
thrown down, forcing the trembling sinners into an
' awful eternity. After hanging the usual time (about
au hour) the bodies were removed to a building in the
Castle-yard, there to undergo the further sentence of
the law.—Rowell persisted to the last in denying that
he knew to what purpose the laudanum was to be ap*-
plied, while his partner in guilt continued to assert
that they both had frequent conversations upon the
subject, and that he knew when he got it that it was
to poison Fountain. The day being extremely wet,
the cron d who witnessed the execution was not ,o
great as was expected. Rowell was a native of Mel-
ton Mowbray, at which place he bore a very bad cha-
racter ; and from 1807 to 1809 he worked as a coo-
per, witir Mr. Skinner, of Bingham, who frequently
told him, when reproving him for his bad practices,
0 that he was fearful, when he left his servitude, it
would be his lot to suffer the vengeance of the law"
—a prediction which has proved but too true. This
vicious and irreclaimable young man was also to have
been married to the eldest daughter of the unfortu-
, nate Fountain, having paid his addresses to her for
some time.

.
mule k OIL #.llProitii she
(stie declined saying, could mate the %A
peeientation of her own affliction herself. Mrs Ca.
PARTICULARS. ford never mentioned that she had mbneytbi3ut heft or
*est' itelays , Mr. Tuaroir std other Magistrates re: the contrary, she represented that she was distressed;
the examination of witnestes; In the prit but the paid her room-rent regularly. She did not
son of Coldbeth-flelds, conkerning the murder of the know that Clifford *as married to his companion.
late unfortunate Edsiard Cliffotd- nor had she ever heard that he was rich till after the
Thomas Lye. ins called arid examined. He was murder, when she was told that he had a trifle of
Mrs: Clifford's brother, and carne-to Lcindon In 1786, money. Slattery told her they had some money.
where he wrought as a bricklayer's labourer many Mrs. Hughes, of Lucas-stree,, saw a man, dressed
yeari, and having earned a little money, he now lived in a dark coloured coat, walking slowly away from
at his ease at N 0.9, Parker's-lane, Drury-lane. He the place where the niptdered body was (omit!, about
;Asked Ireland, his native country, in iBC6, and was four o'clock in the morning; he continued to walk
introduced to Thomas Burke, a person whom he des till he arrived at a place where theft was no %boa
tested, because he did not like his countenance, who rongl.fare ; she looked at her watch, it was just four
had married his sister, the present Mrs. Clifford.— o'clock, Ind she was astonished to see a pereen thews
Burke was a bit of a farmer, with a few acres of land, at that hour in the morning : when she first disco.
in the county of Tipperary. The witness said,. he vend him, he was within one hundred paces of where
returned to London, and the year afterwards, Burke the body was lying, and certainly had seen it. Here
came fkom Ireland, with news of the death of his Leary was brought in, and Mrs. Hughes ha.ing
(Lyon's) mother. Burke returned to Tipperary, mined him very attentively, said he was dressed dif-
and he had never seen him since, he had not heard ferently from the person that she saw, but he was
that he was either living or dead, but he believed he ; about the same size. A man of the r tme of Shuttle-
was living. When he was in Ireland, in 1806, he worth, who discovered the bOdy of Cl.lford, was also
aaw Edward Clifford, the deceased, at Butke's house, examined by Mrs. Hughes • but she said he had no
but he did nor know that he was a servant there.— resembEnce whatever to the person whom she had
About the time of his sister's arrival in London, with seen.
Edward Clifford and her children, of which he (the Leary declared that he wore a grey coat during the
witness) was not previously apprised, a strange man Sabbath day. butlie put on his jacket in the evening
knocked at his door, and asked him if his name was! Mrs. Griffiths, who kept a public-house in Church.:
'Lyon ?he said yes, upon which he introduced him to lane, saw Mrs. Leary with Michael Harrington and •
his sister, Mrs. Clifford, and the wife of Leary ; this his wife, and some other persons ; they drank some
meeting was wholly unexpected, and he had to take beer in her house on the evening of the 25th of July,
a few solitary walks hi his garden, before he could re- which Mrs. Leary paid for ; but she could not say
gain composure enough to enter into conversation.— whether Clifford accompanied them.
He then inquired of his sister who Mrs. Leary was ? I Mr. 7ideliman, of the Union Arms, Union-court,
and she answered that she lodged at her house at had no recollection concerning Leary and Clifford,
Saffron-hill. They parted, after he had promised to lor any of their friends, being in his house on the night
call on her, that very afternoon. He was alarmed 'of the 25th of July.
when be saw his sister, because he hated her husband, Mrs. Champion said, she was Mrs. Clifford's cousin,
and he could not conceive what had induced a wit- and one day Mr. Clifford said to her, that he was
man with so many little children to travel so far from goingbsek to Ireland, but he had given Mary two
home. He wished her to return to Ireland, but he pounds three shillings to lye-in with. She saw them
offered her no money to defray her expellees, and she in company with Leary, on the Sunday evening of
asked for none. He saw Clifford and his sister in the murder. Immediately after she had heard .the
company, but he made no inquiries, because he did news of Clifford's murder, Mrs. Clifford said she had
not believe them to be married ; this meeting was at six pounds in notes, which she had brought with her
his own house, about a mouth or five weeks ago ;he from Ireland. Mrs. Clifford had five children with
saw Clifford no more, and he had not seen his sister tor, the eldest of whom, and she believed the second
since, except after the murder was committed. No too, understood English ; the others spoke Critic.
money had ever passed from his hands into those of [Here the Magistrates gave orders that n. ate of her
his sister since her arrival in England ; he was posi- children, should be permitted to converse with her,
tive that Slattery was not the strange man who had unless they carried on the conversation in English, in
apprised him of his sister's arrival: he did not know presente of the keepers.]
Slattery. Mrs. Jacks was questioned concerning the manage.
Slattery was then brought forward, and his evi- merit of the money which charitable persons bad put
deuce taken before the Magistrates at the last exami- into her hands, to be applied to the destitute children
nation was read over to the brother of Mrs. Clifford. who accompanied this wretched pair to London; and
Slattery deposed, that he came from Inland about a it appeared that two pounds had been left at the house
couple of months ago, where he had known Mary during the absence of the witness, of the expenditure
Clifford from her infancy. He was well acquainte. of which no account was given for more than nine
with Burke, her husband—they did not live very shillings ; and Slattery and another person were sus-
pleasantly togedier, and had separated houses three pected of having misapplied it.
months before the w ittre,s came to London. They The Magistrates ordered the six Al Bank of Eng.
had sold two • acres of land, with some wheat, and land notes, deposited in the shopkeeper's hands by Mrs.
thirty pounds was the produce, as he had been Mfor- Clifford on the morning after the murder, to be kept
mid, with which Mary Clifford went off to Water apart from others; they were represented to have
ford, accompanied by her children. He had seen been obtained in O'Keefe's Bank, iu Cork, and their
Burke, her husband, within a fortnight of the period numbers and dates are as follow :
that he left Ireland. One day he met her in St. No. 77,829, dated February 25,1818. •
Giles's, shortly after her arrival, and she complained No 10,310, dated January 2, 1813.
to him that she was not comfortably lodged at No. as, I 33; dated March 9, IBIS.
No. 71,106, dated July 8, 1812.
Leary's ; upon Lich he roomed her lodgings more •
No. 71;929, dated July V 4, ttll3.
to lu.r liking in Church-lane, where he assisted in No. 15,399, Cued June 3, 1812.
the removal of her clothes ; but lie saw no more Mrs. Clifford became suddenly indisposed during
money about her titan a few shillings. She had fire
the morning, and her labour pangs increased so as
children, two of whom went by the name of Burke, to render it imprudent to read to her the evidence
and three by the name of Clifford. of Slattery, or proceed to any examination of herself;
The testimony of Slattery then proceeded to de- upon which the Magistrates postponed all further
scribe the disputes between Mary and-Edward Clif-
ford, when she snatched Ins hat from his head, and examination into this mysterious murder for threeford,
weeks, when it is calculated that Mrs. Clifford *ill
offered him a silk neck handkerchief. At this part
be recovered.
of the evidence, a Lady of the name of Busby came
forward, and produced some fragments of a speckled
silk handkerchief, which she had found on the spot
where the murder was committed ; and Slattery was
strictly examined concerning the colour, and appear-
ance, and quality of the neckcloth which Clifford
usually wore : he said his neckcloth was of silk, with
red stripes ; those fragments which the Magistrates
supposed might have been rent away in the struggle,
bore no resemblance to any handkerchief that he had
ever seen in Clifford's possession. On the night of
the murder he went to bed about nine o'clock, and
WAS awaked by the arrival of Mrs. Clifford about
twelve, who smoked a pipe and went to bed. He fell
asleep again, and saw her no more till four in the
morning of Monday, when she came to him in great
distress concerning the murder of Clifford. She said
she had six pounds, which the children had found on
the floor ; and he counselled her to put it into the
hands of some secure person, and they pitched upon
the keeper of a neighbouring shop, and gave it to him
as a trust, without any iojanctions of secrecy that he
remembered. He counselled her to put it from about
her person, lest the knowledge of her having money
should prevent the bounty of charitable people.
Hannah Singlaon said, she lived with her husband
in Chuich-lane, and Clifford and his wife took lodg-
ings at her house, which they occupied at the time. el
the murder. She had the management of the house,
and her plan was, when any of her lodgers were ab-
sent at night she lett the door open for them, so that
they might find no obstruction on their return. Un-
der this arrangement her lodgers went out and came
in, according to their own discreton, at all hours.—
She had no recollection of any thing whatever con-
cerning Mrs. Clifford, on the evening of the murder
of her husband ; nor did she take any notice of Leary's
coming in or going out : she did not know at what
hour Mrs. Clifford returned to her apartments on the
night of the murder, nor did she even know that she
was at home. She saw her early next morning, and
asked her if her husband had gone to Ireland ? for
Mrs. Clifford had told the witness, that Edward had
a notion of leaving her altogether : she answered,
that she almost believed he was gone for Ireland.—
This conversation took place between eight and nine
o'clock in the morning, and the witness had not then
been informed of the murder of Clifford, and no notice
was taken of it by Mrs. Clifford. About the same time
Mrs. Clifford offered to sell some of her things, de-
claring that she would go to Ireland after him. Soon
afterwards accounts came of the murder of Clifford,
and the widow wanted the witness to go and make a
representation of her distress at the workhouse; but

MARLIOROUGH-STREE r.—A boy named Beta was
yesterday charged at this Offize, on the testimony.of
an accomplice, a youth respectably brought op. and
the apprentice of Mr. Dell, baker, at the corner of
Great Marlborough-street and Poland-street, with
aiding and inciting the said apprentice to rob bis
master.—lt appeared by the testimony of Mr. Dell;
that he had at various times missed money from his
till, to which his apprentice had confiJential access,
and from the respectability of his connexion!, no sus-
picion
at first fell upon him. Mr. Dell.received a 42
note; which he particularly marked, and deposited it
in the till, and very shortly after, on going to give
change for a larger note, that of Je2 had been taken
out. The men had, at different times, lost money
from their trunks, and suspicion at length fell on the
apprentice ;- who, on being closely interrogated, made
.;
a confession of his guilt. He stated, that he had first
been initiated to dishonest practices by his fellow ap- '
prentice, who had run away. The prisoner and ano-
ther youth planned how the pilferings were to be
committed, and they had a share in the producer by
which they maintained themselves in a lodging in
Shepherd-street, Bond-street. The apprentice stated,
that they had robbed their master of from three
to five shillings, and more, every day, for many •
months; but on the other apprentice running away.
he was determined to discontinue bad practices. The
prisoner, and his accctrplice, however, threatened to
tell his master of all his delinquencies, unless the ap-
prentice continued his depredat•ons, and to alarm
him they often came to the shop to buy ma:. The
apprentice made a full confession, and the prisoner
Bites was committed, but his companion is not yet
taken.
.lames Lacy, a lamp-lighter, was committed for
trial for attempting to steal gold seals from a gentle-
man's watch, during the fire near Grosvenor-square,
early yesterday morning.

At the Lincoln Assizes an action was tried brought
by the Master of the Bull Inn, at Mi+rlcit Deeping,
against the Cornet of the Ness Volunteers, for the
expenses of a dinner and liquors for fifty-four of the
corps. The party sat down to dinner about half-
past four o'clock, and mostly retired before ten. The
quantity of liquors charged was as follows: one hun.
died and twenty-six bottles of port ; forty-eight of
sherry ; sixty-tour half-crown bowls of punch ;a d
twenty of negus, besides ale and porter ! The Jury
gave a verdict in favour of the innkeeper, with only
taking off sixpence per bottle on the port wine.

:,

'r day, in honour of the Anniversary of !the
birth of his Royal Highness the PRINCI Recibir, all
.the Troops at the Army Depot were under arms at
twelve o'clock, and fired three Ironies in honour of
the day, as did the 30th and 46th Regiments, on their
respective parades ; and, in the evening, an elegant
dinner was given by Major-General, TAYLC/11, to the
Staff, and a numerous party of Ladies and Gen-
tlemen.
lir/NDSO/t, Aft/GUstl'i2.

• • • •••••••Mm•••
Yesterday morning the Duke of CAMBRIDGE ac-
C( .patted Princesses AUGUSTA, Soym4, and R•
forra in their ride on horseback fur about two hours.
'ley were attended by the Earl of Moceusniu.n,
Lord WALasicrtaim, Countess of ROSSLYN, Miss
KNIGHT, Generals WYNYARD and TAYLOR, and Ma-
jor MURRAY.
The Qowr and Princesses ELIZABETH and MARY
spent the day at Frogmore Lodge and. Gardens.
In the evening the Band of the Royal Horse
Guards attended at the Lower Lodge, and played
for the amusement of the Princess CHARLOTTE, till
after the arrival of the PRINCE REGENT, when she
went to the Cast* to pay her dutiful aspects to her
Royal Father. Her Royal Highness remained and
supped with the Quiets.
This morning ?rincess tOPIIIA rode on horseback,
accompanied by Lord WALEINGII AM, lady THYBRE,
Geherals DIBUDE and WYNYARD.

' ISLE OF 'FIGHT. ifUGUST 12.