Star.
London, England, 1823-08-18 00:00:00

ASSIZES.

LANCASTER, AUGUST t& • -•
Jolla Ro/heel.? smd.Fulassind Taylor were indictled
for having killed SaMuel Yates, on Sunday, the 2sth
of April last,' in the town of Bury.
Mr. BROWNS stated the case for the prosecution.l
The prisoners had to answer for the death of Samuel
Yates, under circumstances of rather an aggravated;
character. It was the consequence of a brutal vio-
lence exercised in one of those fighting scenes, which"
were disgraceful to the county, and which originated
on the side of the -prisoners, without -provocation.'
The Learned Gentleman then proceeded to state the'
circumstances of the case, as will be found detailed
in the evidence.
Richard Yates examined.—Am brother of the de-
ceased, and was coming home nn the Sunday evening
in question, in Bury, when I was pushed by one of
the prisoners. I called for assistance to my brother,
and when he came up they were about striking me.
They then began to wrangle and pushed my brother
about. Two men then came up, one of whom knocked
him down, and the other kicked him. He cried out
murder, and they still continued kicking him in the
belly. He died in two days after. Can't say whether'
those men were the prisoners..
George Lommax.—Saw the deceased and his bro-
ther together on the day in question. Saw Yates (the
deceased) first strike a boy, and then the two pri-
soners came up and struck the deceased. I know they
were the prisoners, because I saw them drinking in a
public-house a little before. They pushed him down,
and kicked him. The deceased cried out murder, and
they still kicked him.
Cross-examined. The boy struck by Samuel Yates,
the deceased, was the companion.of the prisoners, and
they came up 'to take his part.
Robert Lom max.—l was present at the quarrel be-
tween the boy and the deceased. This boy was going
to strike his brother, the first witness, when he came
between them, and struck this boy. The two pri-
soners then came up, when one of them pushed hiin
down, and, whilst down, one struck him, and the
ether kicked him violently. The remainder of this
Witness's testimony was confirmatory of that of the last.
Cross-examined.—lt was at the moment the boy
their companion was struck, they came up to take his
part. They were in great passion at the time.
Handel Greenath.—.llm physician and surgeon at
Bury. Opened the body of the deceased, and found
the major pact of the lower intestine considerably in-
flamed. The stomach was also inflirised. These ap-
pearances might have been produced by kicking.
Cross-examined.—There were no eternal marks
of violence. Paints hive died of internal inflamma-
tion, not produced. by viotence. No appearance was
exhibited in the ease Ofthe deceasied which might not
have arisen independently of violence. If he had
heard nothing of the cireu matinees, he could not have
determined whether the inflammation was produced
by a natural cause, or by violence.
13y the Counv.—He would have been inclined;
from the rapidity With which . the iniatittnatiOn
terminated, to think that it might be produced by
violence. Itnnsiing that die deceased was kitked,
my judgment-is,. that this was the cause of hii death.
The
_prisoners, upon being called upon to -speak
what they had to ay in their defence, both said that
they were first struck by the deceased, and thaVhey
struck him only in their own defence.
James Leeih, a schoolmaster, who taught the pri-
soners to read and write, was examined. They were
remarkable for peaceableness and good nature, and
one of them, Taylor, was considered a prodigy in his
part;of the county ; other witnesses deposed to the
same effect.

Mr. Justice BaTirr,stsinstied tip, and the Jury re-
turned a verdict of dimlty of MandargEkr against
both the prisoners.
itimorrows, AUGUST is.

• •
PRILPOT V. Portia:.
This was an action on the 55th Geo. 111. OW
for penalties against the defendant far supplying slid
Poor-house of the Parish of St. Mary the Vi
Dover, with coati, for his own profit, Whilst in o
as a guardian of the poor.
Mr. ADOLIMOS statedthe plaintiff's case. The
offence imputed to the defendant was, shit he, as
guardian of the poor of St. Mary the Virgil, had,
for his own profit, supplied theroor-hoose with coalY
in the name of a person named Boom; and thereby
incurred the penalties of the Statute. The case he
'dsould have to lay before • the Jury in evidence .was
this: In Jim, lOW, a notice was published by the
visitor and guardians of thy poor, inviting perioos to
make tenders for a contract to supply the Poor.
house, fdr the year 'ensuing, with thirty chaidroas of
coals. Tendon were accordingly made * two dif..
ferent persons. One hYabfr. Fuller, at 4.81. 9d. per
chaldron, to be delittred at the ship's side; and ano-
ther by Mr. Reynolds, at 4ds. 6d. tole delivered at
the Workiiiiiise. Two other !cadent were dellverea;
purportink . to, be mile-by-rrsoh.s nettsid' 'Richard
Boorne and Jeans Barber, I).pt infect Of the defend-
ant, who wrote both with his own hind. 10..t1114
purporting to be Made by,ltoarlic the price tendered
was 455. 9d. incliidieg the cape* of delivery it the
Workhouse ; and in the other the 'pate menddoed
was 445. 9d. per Chaldrini. .Of Cetnee the used
,' tender of )Ir. Rao*, Wins the ,Itrilitti, Vito 'mi.:
I eqited. The real.oonfractOr4 heireqr, was. die 4
Tendiuit, who would,, be iireied.io tsaTsi'&46o the
coats fromNeweak and deifieitd &On, not at 'NS'
one ea-pCnse, but by means of the. !nth tart, w'bctiby
be put. into hii pociet the aunt of the Carrier,
which. abut . Tworth-As. ..per iiiiiiz i
.... .
Evidenee.nes,given.tOpinve '
.i ca#, as sated. -
Mr. Gvi*i. ad/ll:Cited 111.' •iiit belelf of the
defewiiiitt bit! itqlr.l.lieA?Filst .
.. : Mr.. Baron pausu;ig. oefrifito led ili,e evidence,
and said, if the Jury. . believ_ed tbc , Inegeses!...Ofe
dance alleged wati.elearli,ppijd... 'ffe. was nnwii-
Si. to enlarge upon 4ii iltvfice and; '4144* to
which the defendant:ll4 o'4oo Ici.colrei'qie'tediis-
aCtieni 44 CertainlY therp .eipold* Ott johbt that
doe cm was;ivithin the'statotc. The qtly diffietilty
he bad was ita to * luiriiber of penalties, /Notably,:
One penalty would Ist ill it die plaint df &di:ed.'s);
al recovrp._ Apjuitine.ef the ease viotild, 'perhipS,.
he astisEed . such .a finding. . .
The Jury. found their veicactfir. .'dia -plaintiff, for
.
one Faulty of one hundred pounds.

iiietinfieroiOTiAW—receiitifiiii4eniii four

horses of exquisite beauty to hies Majesty Giiiiaisa

mm•ilm mm ....mooll

POLICE INTELLIGENCE.

FRAIIDE; 1141- Tat COAL TRADE

• M AltitiOttOUON • writ a Xt.—Saturday, this office was
excessively crowded by respect Ale coal-merchants,
who attended to hear an exposure of some alleged
ettensive frauds practised in the coal trade, in the
case of Mr. Wm. Poole, of Honduras Wharf, coal-
merchant. To give our traders a brief idea of the
case, it is necessary to, state, that the frauds originated
in the system of selling coals cheap, by advertising
treaters, who, it has been found, generally substituted
Ohl* of a much inferior quality for those purchased
and paid for. This system having been carried on to
a very considerable extent, and continued complaints
having been made of the imposition to the respecta • ,
ble coal-merchants, they made an application to the
City Coal Meters' Office, and an instant and prompt
inquiry was ordered. The persons deputed having
appointed persons to watch the barges and mar kets,
soon found that coals of an inferior quality were pur-
chased by some persons, regular dealers in the mar-
ket, and sold by them to others, who " puffed" them
off as of the best and prime quality. A clerk of the
office: having been employed in this reconnoitering
position, discovered with' the assistance of Mr. Thos.
Bradfield, that Mr. Potile had practised the fraud
upon the Hon. Colonel Burroughs, of Hill-street,
Berkeley-square; and Mr. Newman, the City Solidi.
tor, having obtained possession of the vender's tickets,
&c. instituted this legal proceeding at the expense of
the City of London, and a series of informitions were
consequently filed against Mr. William l'oole. The
first case called on was under the 49th Geo. 111.
called the " Coal Act," and was laid under the 113th
sec. chap. 68, for delivering a certain quantity of
Coals, viz. 31 sacks, being part of a parcel of twenty-
five chaldrons, wharf measure, and with this certain
quantity of coals he neglected to deliver a certain
paper, called the Vender's Ticket, contrary to the
statute. The clauses of the Act went on to state, that
•for each offence a penalty of £2O and costs was
awarded. The information being read, was stated
to be filed by Mr. Thomas Reeves, Principal of the
City Land Coal Meters Office.
The defendant was then called several times, but
he did not appear, and no person answered for him.
Mr. Baorientcx appeared on the part of the city
of London, and stated the case, which having been,
proved by the evidence of Colonel Burroughs and
others—.

Mr. Pratt convicted the defendant in the penalty
of £9O and fall costs.

-The second information was then read ; it was pre-
cisely-similar to the last, only varying slightly the
offence, and was supported by the same evidence.
The Magistrate also signed a conviction in the
same manner as the last upon this case.
Four other informations against the same defend-
ant were also confirmed, and the same sums as in the
former were awarded.
The next cases were four informations-for issuing
false tickets with a quantity of coals, and were sup-.
ported precisely by the same testimony ; only the
coal-meter, Rice, proved the vender's tickets were
false, and were issued without being signed by him.
The Magistrates alio convicted in all those cases,
the penalties amounting to upwards of 2001.
EXCESSIVE CRllKLTY.—Saturday, Michael Barter,
a green-grocer, in Newman-court, Newman-street,
was brought before the Sifting Magistrate, THOMAS
HALLS, Esq. on a warrant issued under Mr. Martin's
Act, for preventing cruelty to animals; which war-
rant charged him with having, in conjunction with
other persons, not yet in custody, actually beaten a
horse to death.
• It appeared lay the evidence of Davis, a conductor
of dismounted horse patrol, and Harris and Collins,l
two of his party, that on the night of the Sl st of July
last, as they were on duty in Dalston-lane, near Clap.
ton, they saw the defendant, M. Barter, driving s
one-horse cart, in which were seven or eight other
men, towards town. The horse seemed to be-nearly
knocked up, as it made a full .stop every twenty or
thirty yards, though the defendant was beating it
continually over the loins with the, butt-end of a
heavy whip. At length the defendant, quite out of
l' breath with his exertions, gave the whip topne of h,ll
i:saoions, saying, " Them now- you take it, "for
I'm tired." The fellow then turned the, butt-end of
the whip, and laid on the horse still more savagely
1 than the defendant bad done ; and in this manner
they urged it .along, in spite of the remonstrances of
many persons passing, for nearly...three-quarters-a/se
mile, until 'at lest the pbor animal fell down dead
beneath their blowel ;Them bad been a fight, it.seeras,
somewhere On Epping Forest ; and these fellows were
returning. frocnit in- the riotous manner usual wills
people be-Mee:Am The investigation was postponed.
anueoLued-.4brearlar Mr. Martin, M.P. for Galway, ac?'
potsposied by'mmayirespoegable Inhabitants of Smithfield, ar
apostbfWaa c
oflaia at
ag.ainat a.
' • amsandA=4 foraibtraeatingetr a
leghe
le
ddst he meet to Strifthield, a few days ago. far
die Wpm of ascertaining whether the Bill be had brought iat•
Periianignt had a peopeneffeet won those who were geuerally
'barged with the mept.suulted cruelty to animals.. The 'defend.
apt, he pad, without. having any cause for doing so, beat his
phutp in the most unmerciful manner. In tartan such a manner
IN 40-meglins cheek s° is that they did nut know where 'they
gyro Om. Qie sloe sheep In partictilar was most barbarously
4peszessiaglaviag gat such a blow as tobreak it, he was con-
fer it deggled backwards andliat wards. Ile (Mr. Mar-
fiP):could got boar to see &continuance of such inhumanity, and '
• an.offieer, seized the defendant himself, for the Out-
ran at bringing him to jeitice. Me had, hOwever, to lead his
f=nethrough threossatis et the market before an officer could
nd to take him intomastody, and was exposed to the ot-
Mlle danger from the faroeSoaf brotherhood or drovers, who
we may to none the deipeMagt,smd woulilpo doubt have
mocked his (hir. Martin's) altaill, had they been stimulated to
ck by tbetiotteitoot, lobo eertiiply deserved to be consi-
dered, for. Det having taken advantage of their disposition. Mr.
.Martin awn said, be bad heard the defendant was a drover of.
PO Auricle,: bat whatever might be the claim to a fair re-.
rwt in other respecu, the cruelty exhibited against the sheep
was -atrocious in the highest degree. -Several ger tlenien who
amide in the market here declared, that the defendant's general
'conduct to cattle was inhuman ; that whenever be was expostu-
lated with for severity, he cursed and swore at those who re-
proached him, and flogWeti 'the animals he was driving in al
worse manner. . ,
. Alderman Cox said he should certainly fine the, defendant to
`ibaoutiost extent.: •
'Mr. Martin begged that, as the defendant had not accepted
,gbh pliers of the other drovers, and consented to 'be rescuedi•the
20s. niight be reduced to los.. •
• " 'instances of inbutnaritp against theddeuclant were, how•
ever, so numerous;lbal the Irdenran &aid lie could not coma.
alliintleit Odom the pepalty. •
. ,blera'be inhabitants generally tomplained. of • tile conduct of
the dialers Of.ticsithfieid•anaiketnicl declared, one and 11:;that
there was no safety in passing while those: ruffians had ,charge
of tattle. Their ',reeky to animals was only to be equalled by

their grog! khalif.- and Careless lass about tilt ruts of hi.
jrsty's subjects. It was to Bereo-ttted that there was nu col.
troul exercised over 913Ch.feliCM9*, and that the gees wha
should be in attendance at the market were not at di aitens,4
; ,to their duty, as the utmost latitude was spots all ..cesaaa'
tit
tglven to the droverr, and of course Mr. Martin's MI was to
fir rendered inoperative.
Mr. Brown, the chief Marshal, stated, that he h Id given di.
' rections to the day patrol, stationed regularly in the market, to be
ready on even-occasion to act with the greatest promptness: and
• he was surprised to hear of tills complaiht aalinst them.
The inhabitants said the excuse of the officers-was that they
were not numerous enough to act; but on most ofeasihns, where
'the presence of officers was necessary, nor one was to be found;
and in the present case particularly, the absence of .the officers
was observable,
Alderman Cox said, that tinder these eireuntstancesbe sho:ald
require the assistance of his brother Magistrates ; and suggested
that the inhabitants shouid speedily memorialize the Court ci
F Aldermen on the subject.
The officers declared that they were ton•tantly in the marker,
'but they confessed they had not seen the ease of Mr. ?.lartin,
great as was the crowd collected an the occ Wm.
' Air. Martin then srid, that as the defends ,t had not consented
'to be rescued, and as the drovers of the market might have
cracked his (Mr. Martin'.) Vad the defendant ut-•;ed there
to violence, be should pay half the pebalty. Ile then paid lOC.
and the defendant paid 10s. more:
IhnoN-141,(.—.1 fellow named ffillhens, who was charted.
with having married two wives, was brought up for re.examtm-
Aton. His second wife had hid herself, to avoid giving esif..
dence against him; and nobody being able to testify to the se;
cond marriage, Mr. CHAMIRRS was obliged to discharge
The prisoner was beginning to exult in his escape, when
CHARIIIRS told him there was something further. Evidence
Was then given, to prove that Williams had deserted his lawful
wife, and Mr. CIIAMEZIIII immediately ;committed •im as Al
rogue and vagabond to prison, desiring, that during his confine;
ment every inquiry should be made after the uoforttmatesecoocl
wife, who the officers think mtt,t come cut of her hiding4lace
long before the expiration of his imprisonment.
• Mr. Swierhy, a pawnbroker, in Cable-street, Whiteehlad, was
summoned at the instance of Sally Curtis, for charging exorbi-
tant interest. The complainant stated, that M.:lse moaths and
three days since she p'edged an article with the defendant for Is.
On Friday last she applied to redeem it, which was at first re-
fused ' • but subsequently delivered, by her paying 9d. interest,
which was 3d. more than the Pawnbrokers' Act would allow of
his demanding. •
Mr. Sowerby.—After the expiration of twelve months, the
property I consider; to be forfeited according to the tenour of
our Act of Parliament.

Magistrate.—You are mistaken. So long as any property of
an individual remains in your possession, though it he one year or
longer, you are bound to deliver it up to the claimant, on pay.
ment of the principal and legal interest : let me also inform you
this point has been decided in the Court of King's Bench; and
further, if property (uuredeemed) has been sold Ity you, your
books must lie open fur inspection for the term of three years,
and if any surplus, the Act provid:s you shall pay it over to the
party, let the sum be what it may. In the present case, as the
complainant is a married woman. the information ought to have
been laid by her husband. I can therefore only order the illegal
interest to be returned with the article to the party.