Star.
London, England, 1822-12-10 00:00:00

BREADALBANE'S MARCH:

, '

OLD BAILEY SESSIONS.

Strike up the pibroch, 'till echoes the mountain-4 ,
Strike up the pibroch, 'till echoes the fountain ;
Quick draw your broad swords, and on for the foray,
And hey for the hil:e and the mountains of 'Moray !
Strike up the pibroch, 'till hills of Kindrogan
Ring wits the not( < o the terrible slogan !
Strike up the pibroch, till mountain and Corr*
Shall wail for the sons of the mountains of 'foray !
Wave shall each bush, each briar and bramble.—
Shake shall each cairn with the tread of the Caasnitts;
Wave &all our banners, all bloody and gory,

O'er the dead sons of the mountains of Money !
Quake shall each ravine, each torrent, and river z
Ballet% Ben-lawns, and Benlomond shall qUiVel
BISADALIANZ, undaunted, shall triumph in glory
O'er the proud sons of the mountains of 'Moray !
Quick on his foes see the CAIMULL is rushing—
See from their bosoms life's torrent fast gushing !
-While the coronach echoes from mountain and corns,
A sad williwa to the daughters of Moray !

X.

Yesterday, Mark Herd, Wm. Watts, James Browne,
and Thomas Fuller, were indicted for burglariously
breaking and entering the dwelling-house of James
Alexander de Reymar, and stealing therein fourteen
silver spoons, value £lO, and other property ; and
Charlotte Batifseld, for being an accessory after the
fact, by harbouring them, &c. well knowing them
to have been guilty of the burglary.
The witnesses, by desire of the ptisoners, were or-
dered out of Court during the trial.
James Alexander de Reymar deposed, that he
reified the house No. 12, Euston-place, St. Pancras,
and had lived there six years. His house was broken
open in the night of the 13th and 14th of November.
When he went to bed his doors and his shutters were
all fast. Ile heard no noise to alarm him in the course
of the night ; hut on coming down stairs the next
morning about seven o'clock, inconsequence of what
teas said to him by his cook, he found his back
kitchen window tie, the max k of an instrument on
the sill of the window, and a square hole recently cut
in the shutter inside. The fastening of the window
was broken off, and was found on the floor. To get
to this window the parties must have climbed a wall
ten feet high, as the premises were not open to the
back, but bounded by a tow of houses. The witness
then described the manner in which the burglars had
forced out the pannel of a door to get into his par-
lour, and stated, that he found that fourteen spoons
had been taken from the sideboard in the parlour,
worth at least £9, a penknife, a plated winefunnel
man th £l, a tortoise-shell snuff box mounted in gold,
value 10s. and a fleam. On the Monday folloWing,
he saw at the Police Office, Westminster, the whole
of this property, and recognized it as his own. He
could net of his awn knoa ledge state who committed
the robbery.
Cross-examined by Mr. LAM-It was broad day-
light at seven o'clock when he discovered the robbery.
Charlotte Burge, cook to Mr. de Reymar, corro-
borated this statement, and added, that an umbrella
of her fellow-servant had also been taken away by
the persons who had committed the robbery.
Thomas Pace deposed, that he apprehended all the
prisoners about seven o'clock in the morning of the
lid] of November, at No. 13, Castle-street, Seven
Dials, assisted by his brother officers Cooper and
Handley. They found the door of that house open,
and went up stairs to the attic, where they found an
umbrella very wet. The witness listened at the door,
and heard, as he thought, the voices of several men
conve; sing in a vet y low key. Ile then burst int.
the room, and found some silver plate lying on the
table. Watts, Fuller, and Browne, were then sitting
round the fire ; Herd and Bonfield were in bed toge-
ther. Witness ran up to Watts with a drawn cutlass,
and told him he would run him through the body if
he stirred a step. His brother officer Handley ran to
the bed, and placed a pistol at Herd's head, whilst
the Other officer, Cooper, secured the property on the
table, which consisted of fourteen table spoons and a
wine-funnel. Witness then proceeded to handcuff
Fuller and Browne; whilst he was doing so, the
snuff-box dropped front Fuller or Watts, he could not
say which. Handley in the meantime handcuffed
Watts. After these three prisoners had been secured,
they ordered Herd to get up and dress himself, which
he did. He put on all his clothes but his coat,which was
banging up on a chair ; as be took it from thence, a
knife, which the witness produced, fell from the pocket.
They then ordered the woman Banfield to get up
also. Cooper then asked to whom the plate belonged ?
but to the best of the witness's recollection, none of
the prisoners made any answer. The witness then
searched the room, and by the %iglu hand side of the
fire-place he found a board loose in the floor. Under
that board, but at some distance from it, he fOund
five skeleton keys, and several other implements of
house-breaking. On the back of the chair where
Fuller-sat there was a blue coat very wet, and on the
bed a pair of worsted stockings very wet and very
dirty. The pi isoners were theta taken to the Police
Office, where they gave no account of the reason
which had brought them all together. Browne's
whole clothing was very wet ; so had been the shoes'
of all the party ; but at the time he apprehended them
they appeared to be fresh dried. Their hats were
also wet. On the Monday following, the witness
went with Cooper to Mr. de Reymar's house, and on
examining the marks of violence in it,,found them to
correspond with the implements of housebreaking
found in the prisoners' apartment. It is half an
hour's walk from Mr. de Rey mar's house to the place
where that apartment is, and in his opinion the break-
ing into the house and the taking away of the pro-
perty must have occupied three-quarters of an hour.
This witness was cross-examined at some length,
but nothing material was elicited from him. He said
*hat the female prisoner was very ill when appre-
hended, from the effects of some blows she had re-
ceived recently.
Mr. de Reymar was here called to prove that the
Life and snuff-box producedby the last witness were
property. To the first he spoke doubtingly, to
last positively.
Joseph Cooper, one of the Police officers who had
accompanied Pace, corroborated his testimony in all
.iaterial points. He found fourteen silver spoons,
wbiolt he produced, on the table, wrapped up iu a

'blue rag, very Wit likeirfee— Mice tunnel,
which he also produced. . •
• Mr. de Reynier then looked at lifie‘ spoons; he
knew them to be his by the initials. Re could not
speak so positively as to the wine funnel; he believed
it, however, to be his.
John Edward Handley gave,the- same account as
the former police officers of the apprehettaitM of the
prisoners. He. produced the umbrella taken away
from Mr. de Reymar's house ; it was recognized by
that gentleman's cook.
This was the evidence on the pah of the prosecu-
tion.,..-The prisoners wag then called on for their'
defence.
Mark Herd stated that he had never been nut of
his bed all that night, except when he got up to let
the other prisoners in.
William Watts said fiat Fuller and he went to
Herd's to get some breakfast. Not finding him at
home, they waited till he returned. He returned in
a quarter of an hour, and shortly afterwards they were
all seized by the police officers.
Thomas Fuller made the same defence.
James Browne said that he called in at Herd's as
he was passing by, and declared his total ignorance.
of the robbery.
Charlotte Bonfield declared that she had been in
bed with Herd from eleven o'clock at night, and
• said that there were two very decent persons who
could prove it.—These two persons.were called for,
but did not make their appearance. • •
The RECORDER then summed up the evidence,
and the Jury returned a verdict of Guiky against all
the prisoners.
The RECORDER recommended the four male pri-
soners to prepare themselves for the worst, and to
make the best use of the time they had before them,
as their offence was of a very serious nature, and one
which it was necessary should be visited with severity.
He was proceeding to address them further, when
the female prisoner, Charlotte Banfield; was seized
with an hystetic affection and carried out of C(furt
in strong convulsions. He then again bade the four
male prisoners to prepare for the worst. As to the
woman, her offence wasolii very distinct and differ-
ent nature. .
The Recoeuen then called up the three police of.
liters who had apprehended this gang of burglats,
and told them that the Court returned them its best
thanks for the courage and vigilance which they had
displayed in the capture of these offenders. fie
should take care that tile utmost expenses which the
law could award should be paid to them by the
cdunty. He also reminded the prosecutor, Mr. de
Rey mar, that it was to their daring and act vity that
he was indested for the restoration of his property.
Mr. de Reymar begged the Court to grant him its
attention for a moment. As the prisoners at the bar
had not used any personal violence, or given any
alarm to any part of his family, he wished to recom-.
mend them to the mercy of the Sovereign.
The RECORDER informed him that his recommen-
dation should be I tisi before his Majesty, when the fate
of these offenders came under consideration.

Frederick Middlesex was sentenced to one year's
imprisonment and hard labour for feloniously utter-
ing hase silver.
Eli a Physick, a pretty girl about twenty years of
age, was indicted for rubbing Mr. Baker, tallow-
chandler, of Foley-street ; and Sopleia Stephenson
was charged with having received the stolen pro-
perty, knowing it to have been illegally come by.
The prisoner Physick, it appeared, was a house-
servant to the prosecutor, and, after a service of
three days, she decamped with his cash-bor, contain-
ing certain writings and papers, two five-pound
notes, eight soveieigns, and a guinea. The evidence
against her was conclusive; she was apprehended at.
Chatham on the 2d of November, (five days after
the robbery,) and confessed the fact. Stephenson,
who was a woman about 40, kept a house of ill.fame
in Westminster. It was proved that she had received
the property from Physick immediately after the
robbery ; that she had changed one of the .51. notes
under circumstances of concealment, and that she
had given false accounts as to the manner of her
beconong possessed of it. •
Physick admitted her guilt, but said that Ste-
phenson was innocent; she had not known the pro-
perty to be stolen.
Stephenson said that she understood the property
to have been a bequest from Physick's grandfather.
The RECORDER charged the Jury that the offence
of the first prisoner was capital.
The Jury, against both, found a verdict of Guilty,
Mr. Baker (the prosecutor) then stood up,
begged to recommend Eliza Physick to mercy.—
lie had great reason to believe that the whole had
been done at the instigation of the prisoner Stephen.
son ; and that the bulk of the money had fallen into
her hands. When he (Mr. Baker) had apprehended
Physick at Chatham, he had found her without a
shilling ; and he heard she bad been sent away from
Stephenson's house two days after the robbery with
only eight shillings in her pocket.
The fteconnEtt said that Mr. Baker's recommen-
dation should be attended to, and would doubtless
have its weight. For the prisoner Stephenson, he
should at once inflict upon her the severest punish-
ment the law would allow ; and she might prepare
'herself, therefore, to be transported for a term of
fourteen years.
James Montgomery was indicted by Me. Toplis, of
St. Paul's Church-yard, for obtaining money from
him under false pretences.
Mr. BRODERICK opened this case. The defendant,
he said, was employed by Mr. Toplis as foreman in
the painting business. Mr. Toplis was a house-agent
and upholsterer ; and having occasion to employ
carpenters, painters, and other workmen to fit up
houses, his custom was to engage one man as fore-
man, who hired others under him and paid their
wages, .charging the amount to Mr. Toplis. The
defendant Montgomery, haiing been retained as one
of these foremen, had hired workmen at one rate,
and charged them to Mr. Toplis at another; and in
this way (overcharging the wages of four men in
one week) he had robbed the prosecutor of 168.6 d.
Mr. ADOLPH us, for the defence, insisted that Mont-
gomery was a master painter, and that he got work-
men as cheap as he could, charging a certain price
to Mr. Toplis, who was bound to object if he thought.,
himself imposed upon, and not to charge the defend,.
ant with fraud.
The four men (at to whom the overcharge was
imputed) were called for the prosecution ; but they

all distinctly stated, .sti. orotaletiMinitThis, 'that they
were hired by Montgomery as a master, paid, by,
him, and dismissed by him ; and; in faet.,•-that
knew no other employer.
Mr. ADOLPHUS, after addressing the Jury on the
part of Montgomery, called a number of witnesses.
Two of these were men charged for toToplis on the
same account as to Which the overchnrge was im-
puted; and it appeared that,. if the four first witnesses
had received less than Montgomery charged for them,
these two men received more. Several tradesmen
of wealth and respectability were called, wholvad
known the defendant many years, and employed him
as a master painter ; and all gave him a high cha-.
racter for fair dealing and skill in 'his -business. It
appeared further, that there was a suit pending be-
tween the prosecutor and Montgomery, for stoney
which the latter claimed, and theformer refused to pay.
Mr. BRODERICK was rising-to reply, but the Jury
(who had been impatient for some time) declared
themselves satisfied that no fraud was intended.
The COI6IbION SERJEANT said that, at• least, it was
a very doubtful case, and the defendant received a
very high character.—Verdist, Not. Guilty.

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