Star.
London, England, 1830-08-18 00:00:00

ASSIZE INTELLIGENCE.

WARWICK, Aver. 16.
CROWN COURT—(Before kr. Justice OASELZE.)
!Edward Reading, aged 19, Was. Toney, aged 20, Joseph
Hawker, aged 25, Ann Cox, aged 21, John Briley', aged 21, and
James. Conway, aged 18, were indicted for having, on the night of
the 12th of May last, assaulted Edward Foden on the King's high.
way, in the borough of Warwick, and stolen from his person three
sovereigns, a hat, and a pocket handkerchief.
The prosecution was conducted by Mr. DWARBId and Mr. HILL;
the defence by Mr. N. CLARKE and Mr. WADDINGTON. It ap-
peared from the statement of the prosecutor, who is a printer re.
siding in this town, that on the evening of the 12th of May
he went to the theatre, accompanied by some of the family of
the landlord of the Bull's Head public-house. After the per.
formance was over, he went home with them to the Bull's Head,
where he stopped a short time, and had some bread and cheese, and
a couple of glasses of gin and water. He then proceeded alone to-
wards his own house, and on reaching an archway near a chapel,
which is only a few yards from the Bull's Head, he stopped for a
moment for a particular purpose. It was at this time past twelve,
and the night was dark. He was about turning towards the wall
of the archway, for, the purpose alluded to, when he received a vie).
lent blow in the eye, and was knocked down. The person who
stench him, he swore positively be knew to be Reading, whom he
had been in the habit of seeing about the town daily, and whose
features, although the night was dark, there was still sufficient light
to enable him to recognise, psrticularly as Reading threw
himself on the top of him. He got up, however, and attempted
to run away, when lie was knocked down upon his hands by
another man, whom he swore to be Toney. He recovered himself
from this partial fall, but was again knocked down by Toney, who
threw himself on him. The prosecutor struggled, and cried
out " Murder !" but was instantly surrounded by a number of
pawns who came from under the areh.way. and by whom he
wad violently kicked about the groin, stomach, and head, and
dreadfully cut and bruised. When he called for help, Toney
put his band on his mouth, and told him, "if he did not hold his
noise they would murder him." They then, robbed him of his.
money, 'ropey being the most active in rifling his pockets. His
calls having attracted a potion' who bad been at the Bull's Head,
GI soon he saw him he collared Toney saying he was one of the
this
lain. who had robbed hint. MN others had gone away by this
time. Toney affected to resent this charge, and again knocked the

prosecutor down. This was the only evidence against Reading and
Toney, nobody else being able to identify them ; and the prosecutor
in his cross-examination, fell into some confusion, as to whether the

_
person who came to his assistance came up before or after the rob-
bers had left him. lie also denied that he had given charge of any
other person that night, as having been concerned in the robbery; in
which, however, he was contradicted by the constable and two other
men, 'who swore that he had desired the constable to take them into
custody, as two of those who had robbed him. He swore, however,
most positively, to the persons of Toney and Reading, whom he had
previously well known by sight, and whom he had a full opportunity,
he said, of recognising whilst he was struggling with them. The
evidence against the other prisoners was very imperfect; that
against Conway and Briley consisting chiefs of the testimony
of three men who stated that having the cries of mur-
der, and seeing the prosecutor struggling with persona who seemed
to be either robbing or murdering him, they, upon being told that
if they interfered they " might get a crack," went away without
offering him any assistance, and entered a public-house, when they
never said a word about what they had witnessed, until the consta-
ble came and stated what had occurtvd. These men spoke to having
seen Conway and Briley present at the robbery, but the t
Judge observed that the statement of men who had conducted them-
selves so disgracefully, or so suspiciously, was unworthy of credit.
A woman was seen with the prosecutor's hat in her possession ; and
en the constable searching the lodgings of the prisoner (Cox) next
day, he found it in her bed-room. She told him she was about
taking it to Reading. That was the substance of the evidence
against Cox. The case against Hawkes was somewhat s 1
for he stated to the constable that he was at a particular trptnideiTc-
house at the time of the robbery, whilst it appeared from his own
witnesses that he was elsewhere, and in the neighbourhood of the
place where the robbery was committed. A number of witnesys
were called for the defence, including the two men whom the pro-
secutor had charged with the robbery, but which he now denied
having done, some persons to prove an alibi for Hawkes, and also
several witnesses to the character of the prisoners.
The Jury returned a verdict finding Reading and Toney Guilty.
and acquitting all the others.
The LEARNED JUDGE had the two convicts called up for kids.
meat ; and, having placed the fatal cap on his head, proceeded to
pronounce sentence of death upon them. His lordship animadverted
in strong terms on the aggravated and brutal conduct pursued by a
gang of eight, or ten, or twelve persons, towards one unarmed indi-
vidual, who had done nothing to provoke such wanton and cruel ill.
treatment, and expressed a hope that those who had been so forte.
nate as to escape detection would take warning from the miserable
fate of their two unhappy companions. lie earnestly entreated the
latter to make the best use of the short time that remained to them,
in supplicating for that mercy in another world, for which he could
hold out no hopes to them in this. His lordship concluded by pro-
nouncing the awful sentence of the law, in the usual manner.
The prisoners, one of whom (Toney) is rather a decent, mild look-
ing young man, heard his fate with a tolerable degree of fortitude,
unmixed with any appearance of unbecoming hardihood. The
prosecutor repeatedly and earnestly implored, with tears in his eyes,
that their lives might be spared ; but the learned Judge intimated
to him that it was necessary they should be made an example of.
His lordship directed that the three witnesses, whoa conduct he had
taken occasion to reprehend, in not either lending or procuring as.
sistance, when they saw the prosecutor ill-treated, should not be al.
lowed their expenses.
The trial lasted from the sitting of the Court until a late hour of
the day.
In the Nisi Prism Court, the Lord Chief Baron was occupied
from 9 until half-past 4 o'clock, trying an issue from the Court of
Exchequer, "Beck and others v. Bree, clerk," to ascertain the vali-
dity of a modus of 31. Gs. kid. a year, in lieu of tithes, for Alwesty-
park, in this county. The Jury found a verdict for the plaintiff;
establishing the validity of the modus.

HEREFORD, Avo. 10.
Mr. Justice PARK assisted Mr. Justice BOSAXQUET in trying
some of the prisoners this morning.
Richard Yapp stood indicted for stealing from the dwelling-
house of William Badham, at Lugwardine, household goods, wear-
ing apparel, and money, on the 13th of February last.
The articles alleged to have been stolen had belonged to Wm.
Rabaul, a grazier, at Lugwardine, who died on the night of the
13th of Feb. last. The prisoner and his wife were at the house on
that night, and it was supposed that they took the opportunity
while the rincipal inmate, a man of the name of Wheeler (who was
a natural son of the deceased,) was asleep, to steal and carry away
from the house the articles mentioned in the indictment. A bill had
been preferred against the wife as well as the husband, but the
Grand Jury ignored it.
Wheeler was'the principal witness against the prisoner, who was
described to be a man of substance. The chief points proved were,
that when the articles were missed from the house, and inquiries
made after them, the prisoner denied that be had any of them, and
would not permit a search to be made in his house; and that be
shortly afterwards left the neighbourhood, and went to live at Wal-
sall, in Staffordshire, a distance of about fifty miles. It appeared,
however, on the cross-examination of Wheeler, that the pri.
soner's wife had given him (Wheeler) money, which she found
in the house belonging to the deceased, to the amount of more
than 1001. and that she did not prefer the present charge against
the prisoner until be himself had been taken up on a charge of
stealing the money, which he was ultimately obliged to refund to
the administrator of the deceased. The articles found at the pri.
loner's house at Walsall,were of very trifling value. Among them
was a pair of leather breeches, which, it appeared, had not been
worn, and the learned Judge had some doubt whether the evidence
was sufficient to identify them as having belonged to the deceased.
In answer to a question as to the size of them, the witness said
they were very large breeches—larger than were neceusry for
the prisoner.
Mr. Justice Pans—But he is said to be a man 6, of substance,"
and may therefore requires large pair of breeches. (Laughter.)
His Lordship, after some further evidence had been given, told
the Jury, that he thought, under all circumstances, it would be
the safer course for them to acquit the prisoner, which they did
accordingly.
This was the last case tried before Mr. Justice Park this morning.
It is expected that Mr. Justice Bosanquet will get through all the
remaining business in the course of the day.
GUILDFORD, SATURDAY, Auct. 14.
HAMMOND, ESQ. T. VOLTS.
Mr. PLATT opened the pleadings, and stated the action was
brought for an injury done to the plaintiff's reversionary interest in
six cottages, by the destruction of three certain sheds attached and
belonging to them.
Mr. Serjeant ANDREW. addressed the jury. He appeared for
the plaintiff, a gentleman of fortune, residing at Wilmington, near
Tring, Herta, who complained of an injury done to his property by
the destruction of his three sheds, which were occupied by his weekly
tenants, who were in the plaintiff's employ. The cause had been re.
moved from the Hertford assizes to Guildford, by order of the Judge ;
but why this had been done did not appear. The defendant was a
considerable farmer in the parish, who had no interest in the
dispute, or in the land disputed, which, to any other party than the
plaintiff, was not worth twenty shillings. The injury was done
under a pretence that the sheds stood on the lord's waste, and it was
said the defendant had acted under the lord's orders in removing
them. The lord was a gentleman of fortune, most highly connected
and respected. He resided at a great distance from the property,
and trusted to his agents to manage it. The learned serjeant added
that be did not believe the act complained of was the lord's, or
that he knew what had been done. The lord's agents had
taken upon themselves to use his name and powers; or, if
they had his sanction, it was obtaineda through a Wirers-
eentation of facts. The real question to be tried was, whether
the sheds stood upon the waste or not 10 The plaintiff had obtained
a grant from the lord of a part of what had been common or waste,
the wording of which had led to the present dispute. The t
was dated in 1824,and was of a messusge and a piece of en.
closed from the waste about 25 years before, by a person named
Johnson, who had sold his interest to the plaintiff for 30L The
words son thus 1.--66 A piece of ground, upon which a cottage
sod entheuse stood, with a garden and appurtenances belonging,
emilinsai about 25 years before, containing about 7 poles in length
and about 2 poles in breadth, and containing in the whole about
18 poles." The grant was prepared by the defendant's anomie&
(who are stewards of the manor, and respectable men,) but it con-
tained an erroneous estimate of the quantity, for the enclosure, in.
stead of being 16 poles, was really twenty.two poles. The general
terms used, and the word "about" being put to each quantity men-
tioned, and the apparent evidence then was, that the statement was a
mere guess, and not the result of an admeasurement (for seven poles
by two would give a total of 14 poles instead of about 15,) would
exclude the construction set up to limit the grant, and would admit
of all passing by it, which could be proved to have been enclosed.
years before by Johnson.
There was some allusion to an ejectment which had been l
by the lord against the plaintiff, and, after two notices olateltlit
the assizes' abandoned, and it was stated a large sum was paid for
costs. The learned serjeant, in conclusion, confidently alatteed the
jury he would prove his title to the ground on which the sheds bad
stood, and as confidently anticipated their verdict in hie favour.
A host of witnesses proved that the whole of the sheds, with the
exception of a few inches of one ;prow, stood either on the plain-
tiff's old enclosure, or on the ground Johnson had enclosed. A letter
was read from the steward to the plaintiff; dated in 1824, informing
him the grant of Johnson's cottage atWinnington was duly made to
him at a recent court, and that a dopy of the court-roll would be for-
warded to him when it was completed s for they had taken a receipt
from Johnson (the inner) for the purchase.money, 801. ea that 46
plaintiff eight safely pay him,When he had made arrangements for
his occupying the premMoi. A receipt for 20 years' quit-rem of
this ground'was proved, and the steward's charges for the grant
amounting to 101. 16s. of which there was only Is. for the had.

The learned JUDGE smiled at tile, and told the jury, it was well
known for whose benefit these grants were made; for the stewards
charged what they pleased, but the lord only got a nominal sum.
Mr. BRODRICIL (with whom was Ms. Thesiger) conducted the
defence, and made a short speech, relying on the fact, that the plain.
tiff had not appeared for those sheds, in defending the ejectment,
and therefore had abandoned them ; that the sheriff had delivered
ion of those sheds to the lord, and he was justified in order.
possession
defendant to remove them. Evidence was given of the
proceedings in ejectment, and witnesses called upon to prove, that,
according to the description in them, the sheds were not included ;
but the defendants failed to prove that possession was delivered by

•
the sheriff.
The learned Janos observed, that under these circumstances,
particularly as the Judgment in; ejectment did not conclude the
right, but another ejectment might be brought by the present
plaintiff, it would be better to try the right to the land in the
present action, and to exclude the question set up on the judgment.
—This was agreed to.
Mr. Serjeant A xnazws replied, and
The learned JuDez summed up the case to the jury at some
length, observing, that the question was, upon whose grounds the
sheds stood ? that, in his opinion, the legal construction of the grant
was, that it included all that Johnson had enclosed 25 years before;
that being so, it was clear from the evidence of all the witnesses who
bad been called as to the fact, that, with the exception of a corner
of one of the sheds, they stood either on Johnson's enclosure, or the
plaintiff's own field adjoining
The jury, after a short consultation, found for the plaintiff, with
301. damages and costs.
The trial occupied four houve.
POLICE REPORTS.

Gortnnau..—Yesterday, Ilintry Mann, a porter employed at
the Horns Tavern, Doctoes'-commons, and his wife, also employed
at the tavern as a char-woman, were both charged before Mr. Al-
derman Ansley with stealing a gold watch and other property, be-
longing to Mr. Leeds Payne, late landlord of the above tavern.
Mr. Par e:stated;that the prisoner lived a considerable time in
his service, and when complainant left the tavem, prisoner was eon.
tinned in the same situation with the new landlord. During Mr.
Payne's residence at the Horns he lost several things, and amongst
others of minor value was a gold watch, which belonged to Mrs.
Payne. Notwithstanding the strictest search, no trace of it
could be discovered, yet no suspicion fell upon the prisoner. How-
ever, several articles disappearing when Mr. Payne was succeeded
by a new landlord, and Mrs. Mann being observed to leave the
tavern a few mornings ago at an early hour with a bundle of
considerable sire upon her, a constable was taken to her lodgings in
George's-court, Benneu's-hill, where a salt spoon and some wine
glasses were found, all bearing the mark of Mr. Payne, but no trace
of the watch, nor any duplicate for any other portion of the pro-
perty. The female prisoner admitted having taken the spoon and
glasses, but declared most positively that she did it without the
knowledge of her husband.
Mr. Payne observed that the salt-spoon found at the prisoner's
lodgings was one of a half-dosen which had been stolen from him
within a very short time. The complainant was anxious that the
male prisoner should be leniently dealt with, as he seemed to think
the wife was more in fault. However, Alderman Ansley=
that be ought to commit both for trial. They were then
for a few days, to give time for making further enquiries after the
watch.
Bow-STREET.—Two well-dressed; and good-looking though
elderly females, were yesterday brought before Mr. Mixasus.s.,
charged with having created a disturbance in the Strand, and
grossly abused William Hans, • watchman employed by the in-
habitants of the Savoy, to aid and assist the police constables
In protecting them and their property from the perils of the
night.
Hans stated to his Worship that the defendants were both ladies
of the pave, and that they had behaved in a very " obstropolis"
manner.
The defendants, in a very low tone of either real or affected sur-
prise, asked Hans how he could have the conscience to swear that
they were persons of loose character ?
Hans replied, that he knew it very well, although he had never
seen them act improperly till the previous night.
Mr. 1111WSHULL.—But what did they do?
Hans..—Why, your Worship, they called me the very "slum"
of the earth, and declared that they would not be taken into custody
by any such a person as a watchman. The police, and only the po-
lice, would they surrender to, although, your Worship, (continued
Hans,) I cannot see as how the old watch wasn't every harpeth"
as good any day as the new poll men.
Mr. Minsuum. admonished the defendants to be more carefid
in future how they conducted themselves, and then ordered them to
be locked-up until three o'clock, when they were discharged.
Melly Connor, an old "coal cadger" was charged with hubs
been found in the act of pilfering from the coal barges at Vilna @
Wharf.
"Why then, your Honour's Worship," said Molly, "if Pee
done wrong, why dun't they product the stolen property to conflont
me with it ?"
A witness said that the coals taken from theprisoner had not boa
brought to the office, as the proprietor's wish was that she should
receive a summary punishment.
Mr. Aliwseuti. then intimated that he should commit Molly to
the House of Correction for a month.
"Long life to your Worship," cried Molly; "can't you stretch
it a little ?"
Mr. Shona ;mt. complied, adding another week.
Mr. Oillott, a master tailor, residing in the Strand, appeared be-
fore Mr. Muumuu., to ask that Magistrate's advice under these
circumstances. In consequence, said Mr. Gillott, of a report which
appeared in the Newspapers on Sunday last, of the application of a
publican at Stratford for a warrant against a Mr. O. a master-tailor,
of the Strand, who had carried off his wife, and assaulted him, he
(Mr. Onion) had been inconceivably annoyed. Persons had even
beset his door, and thrust printed bills, containing an account of
the affair, into the hands of all who passed. Yesterday morning
some of the bills were distributed among his customers who entered
the shop, and he therefore wished to know whether he would
not be authorised in giving the parties who so annoyed him into
custody ?
Mr. Alrmsnatt. professed to have no knowledge of the transac.
tion alluded to, and, consequently, declined to give any advice upon
the subject. He, however, expressed his readiness to listen to any
charge that might be urged against the persons referred to.
Mr. Oillott said he should certainly incur the responsibility of
handing those who annoyed him into custody, and immediately
retired.
Several publicans were summoned rto answer for offences which
they had committed against the tenor of their licences. The charges
were made by the new police, whose view was rather to convince
the defendants that they were on the alert, than to press for a con-
viction. These cases were accordingly dismissed, on the defendants'
paying the costs out of pocket. Mr. Clarke, of the White Lion,
Wych-street, was, however, fined in the full penalty of 61. for suf.
fering rogues and vagabonds to usemble In his house at an unrea.
sonable hour. - -

Four Irishmen, named Duggan, Green, Smith, and Hogan, were
respectively fined 51. each, for assaults on police-constables, and in
default of payment, committed to the House of Correction for two
months each. _ _ _ . _

QUZEW-SQUASIC. —Yesterday, Captain John Bostwick was
charged with assaulting Mrs. Ann Campbell, the wife of Lieut.
Campbell, of the Royal Marines.
Mrs. Campbell stated, that last Wednesday week she met the
defendant ow Westminster-bridge. He abused her, and shook his
cane at her she however got sway Rom him, and alled at a house
in Suffolk-street, in the Borough. On her coming out of the house,
she again saw the deihndant, who repeated his abuse, and followed
her for about an boar and a half through the Borough, shaking his
cane at her and threatening her t he at last struck hes over the
bonnet with his cane, which was the assault she complained of.
Mr. ORZGONIZ, after consulting with his colleague, said they
would let the warrant stand over for a month, if Captain Boswick
would promise not to molest or abuse Mrs. Campbell again. This
proposition was agreed to, and the parties retired.
THAMES POLICE.
Mr. Osborn, baker, of Wellington-place, Bromley, appeared to
an information for smuggling ashore 4ilb. of foreign manufactured
tobacco, and a pint of foreign brandy, which had not paid duty. He
was fined ill. and costs. _ _ _

James Strong, a coal whipper, was charged with a violent assault
on Lee and Wm. Cruse, two constables, and endeavouring to bite
off the hand of one of them. The prisoner was acting as second to
one of the combatants in a fight in Itatcliffe-highway. The pri.
soner refused to stir, when Lee seized him by the collar, but was
knocked down by the ruffian, and in rising he seized the officer's
right hand, put it In his mouth, and nearly bit it off, having actually
made two of his teeth meet in the man's thumb. Cruse was com-
pelled to strike the prisoner with his truncheon before Lee could re.
lease his hand. The prisoner then turned his fury upon Cruse,
whom he got down and kicked him in such a brutal manner In the
side and ribs, that the officer has since been unable to attend to his
duty. Thedillntstrates, in default, of paying a fine of 40s. sen-
tenced the t to a month's imprisonment.
Strange to say, the price of leather has been advancing
ever since the duty was taken off! If this be the case, we must call
for taxes to keep clown prices. There are those who augur the same
of beer.
Dreadful excesses were committed in Galway during
the election. The mob were armed with hammers and sledges • the
stones were torn out of the pavement and fang at the authorities
and military, windows broken, and several persons were lying bleed-
ing is the streets. Mr. M'Donnell, the DertyClerk of the Peaces
was murdered by a ruillimly CM oa WWnaday week.—Doblin
Ward's: