Star.
London, England, 1823-09-19 00:00:00

OLD BAILEY SESSIONS.

Yesterday, John Osborn and Joseph Wynter were in-
dicted, the former for stealing, on the 26th of June, a
truss of hay, value two shillings, the property of George
Byng, Esq. M.P. and the latter for receiving the same,
knowing it to be stolen.
George Conway, a constable of the parish of Isling-
ton, deposed, that on the morning of the 26th of June,
at six o'clock, he saw two waggons, having the name of
the prosecutor painted on the front, draw up at the door
of the Archway Tavern, on the Highgate road. One of
the teams was driven by the prisoner, and the other by
a man named Smith. The prisoner, Wymer, who was
ostler at the tavern, came out, and each of the wag-
goners delivered to him a truss of hay. The witness
wrote to Mr. Byng, to inform him of the circumstance,
and by the direction of that Gentleman, be obtained a
warrant, and apprehended both the prisoners and the
waggoner, Smith.
The testimony of this witness was corroborated by
that of another man who saw the transaction.
John Smith, the waggoner, who was apprehended for
the same offence for which the prisoner Osborn was
tried, but was permitted to give evidence, deposed, that
he and Osborn sold the hay which they left to the ostler.
Mr. Byng deposed, that he never authorised Osborn
to sell any hay to Wymer. Osborn had been in his ser-
vice for fifteen years.
The Jury found the prisoners Guilty, but recom-
mended Osborn to mercy.
The RECORDER observed, that he had reason to be-
lieve that Osborn had been induced to commit the crime
of which he had been convicted by the persuasion of
Wymer, and as Mr. Byng had expressed himself wil-
ling to take him into his service again, the Court was,
disposed to deal mildly with him, and would therefore
sentence him to only three days imprisonment. It was;
however, necessary to make an example of the receiver;
and the sentence upon Wymer, therefore, was, that he'
should be imprisoned for six months, and once publicly
whipped for 200 yards, near the Archway Tavern.
R. Chandler was indicted for stealing a silver table-
spoon, the property of the Duchess Dowager of Rutland.
The RECORDER said, that the prosecutrix was not
properly described in the indictment ; her name as well,
as her title ought to have been set forth, for there might
be twenty Dowager Duchesses of Rutland. Hi there-
fore directed the Jury to acquit the prisoner, which the
Jury accordingly did.

CUTTING AND MAIMING.
John Hoban, a young man in a baker's dress, was in-
dicted capitally for maliciously cutting and initialing
William Henry Wetton, with intent to kill and murder
him, or to do him some other grievous bodily harm.
The prosecutor stated, that he *as in the employ of
James Burnett, a baker, in 'Thantes-street, and was so
on the 9th of September. He knew the prisoner a fort-
night previous to the' 9th of Septeitsber; the prisoner
came to his Master's, and asked for employakent. The
prisoner assisted for three nights, and did not afterwards
come to work as usual. He returned on the Tuesday
evening, the 9th of September, and then resumed his
work, telling his master he had been at Highgate; wit-
ness found him in the bakehouse at about half-past
eleven. Witness asked him what made hied go away?
and his answer was, that he did not like to trouble his
master. Witness then went to work, and offered the
prisoner an apron, for him to assist in making the doagh.
The prisoner raid, " No, make it yourself," Witness,
and Robins, his fellow-workman, then made the-dong‘i
and le afterwards said to' the prisoner, " John, daft
think you are ieiy fend of work: that won't do for as,.
for in London bakers work very hard:' The prisoner
said he liked work very well: Thai was all that passed
Witness then jumped np upon the board, and began tO
eat some meat. Witness said; " Jcihri; will you have
some Meat?" The prisoner expressed his thanks, and
todc part of the meat. They ate and drank together.
The prisoner then wished witness tO lie down; mtd told
him he would watch time for him. tiaidhe did
not wish him to sit up, as he should be sure td wake.
Witness at length acceded to the proposal. The prig
loner asked what time he shotdd call him? and witness(
said at half-past two. Witness accordingly "lan' dotin
about one; and want to sleep. He slept a 460
twenty minutes past two, and he was awakiaed
some person' cutting his thine. It was quite dark.-4
Witness's fellow-Servant, Sohlt'llnbins; was there. Witi
ness got up and Jumped'sjimist some person who kepi
cutting at him. He put-Ws hansd up to his throat, and
felt the blood, and the wohndh He then received a cat
on the hand. Be. Called'ista " Murder !" and struggled
with the prisoner very hail He knew it Was. the pH.
saner with whdm he was struggiing, ancrnot Itobins.4-;•

He knew it by the feel of his body. At length witness
threw him down, and felt the prisoner had a razor in
his hand. Witness took it away from him, and slightly
cut hii fingers. The prisoner appeared to be catching
his breath very hard. Witness tried to get out of the
bakehouse by the steps, and the prisoner tried to puU
him down. The prisoner made a second attempt, and
put his hand to his neck, which was cut, to tear the
wound open. Witness threw the trap door open with
his head. He kept crying oat " Murder," and the pri-
soner said nothing. •Wituess's master then came with a
candle. Before his master came, he could see it was the
prisoner. The prisoner went into the bakehouse, and that
was the last witness saw of him. In a few minutes the
prisoner was secured, and brought back by the watch-
man. Being asked by his master how he came to do it?
he said he did not do it, and was only teaching for the
razor over his (witness's) head to cut his nails. He
added, that after he had cut his nails he turned round
to put it up, but it fell down and cut his (witness's) throat.
John Robins was in the employ of Mr. Burnett, and
recollected the 9th of September. Wetton and witness
slept in the same room, and about half-past ten, the pri-
soner was in the bakehouse. Wetton asked witness to
make the dough with the prisoner, and he declined.—
The dough was afterwards made by Wetton and wit
ness. They then went together to have some supper.—
Witness then described what has already been stated by
the first witness. He added, that he was awakened by
Wetton's drying out " Murder !" NVitness said, " Wh.tt
is the matter—are you mad ?" He thought Wetton
had had a dream. Wetton said, " For GOD'S sake,
master, come down, for lam murdered." He called
out " Murder !" several times. The master presently
came down in his shirt with a light. He then per-
ceived that it was the prisoner who was struggling with
Wetton. The prisoner then made off. Witness heard
him crawl among the coals and go into theback yard.
Witness followed the prisoner, and found him there.—
He was brought into the shop, and charged with the
crime. He said he did not go to do it ; that he was
paring his nails with a razor, and he was putting it up
again, and it fell on Wetton's neck. At supper, witness,
Wetton, and prisonerhad three pots of beer among them.
Examined by the Jury.—The razor was without a
handle. When the witness heard the cry of " Mur-
der!" he was frightened, and could give no assistance.
Wetton's neck was uncovered on the night it took place.
Bartholomew Candler, a patrol of Castle-Baynard
Ward, heard the cry of " Murder !" on the night in
question, and went to Mr. Burnett's shop. Mr. Burnett
was down stairs. He heard a voice say—" He has cut
my throat with a razor." Witness stood, at the door to
prevent any one froM coming ont. He then heard that
the prisoner was in the bakehouse. He went there, and
found no one. He went into the yard, and found him
there. He brought him into the shop. Wetton was
covered with blood, and at the time said, " That
the man." Upon being questioned, the prisoner said
he had found the razor in a box in the bakehouse, and
that it had fallen from his hands as he was cutting his
nails. The razor was in the shop, and witness took it
up, and said he would take care of it. He assisted the
prosecutor to the Hospital.
Examined by the Jury.—The prisoner's, hands and
clothes were bloody.
James Burnett, a baker, of Thames-street, said these
persons were in his employ. At half-past two on the
morning of the 9th of September, he was awakened by
cries of " Murder." He got up, took a light, and went to
the bakehouse. At the top of the stairs he saw Wetton,
who cried out, " Hogan has cut my throat while asleep
upon the boards." Hogan was behind. Witness said,
" You villain, how came you to do it?" He did not
remember that the prisoner made any answer, and wit.
ness pushed him down stairs. The prisoner was ulti-
mately taken into custody.
Mr. Hurlock, a surgeon, was called to attend the pro-1
secutor. He found the gash on the throat was a long
superficial wound. There were other wounds in other
parts of the body. He did not observe any particular
lacerations. It did not appear that these wounds had
been caused by any accidental cause. The wound on
the neck might occupy a full third of the whole neck.
The prisoner, in his defence, said, that 'he took the
Mira* oat of the box to cut his nails. In throwing itirp
fell upon the neck of the prOtecilb*. Ihrletipt off,
"the board, and knocked out the Candle with= hiis head :
bit Made a grasp at it, and caught hold of it; and then
An it fall. 'The prisoner called no witnesses to
fact or character.

. ' tIl

The Costmou StaltANT shortly summed agralthe
Jot?, and recapitulated the evidence. ,:).
The Jury, withont hesitation, found-a vertSetrgGeity.

SCI

'COURT.

The Circuit Court of Justiciary was opened Ayr'
on Saturday the fitli inst. by the Hoer. Lord Succour.
The first case was that of Alexander Smith, who was
accused of killing James Hamilton while fighting; he
pleaded Not Guilty. It appeared fiom the eviaeiice
that the decensed- was very quarrelsome, and that he got
his death from falls. The.Advocate-Deplete deserted,
the case, and he !Was found Not Gliiky: James Alder-.
son, David alai; Margaret Margasit Andes=
son, Were Charged With murdering John .M,Ltire; as he,
was returning to AYr from Ochiltree-sacrimein, but
owing to some error in the indictment, the diet lilts. de-,
wiled, and they were committed On .nneW vistrfant. •
James Yourg, weaver, Kilwinning; i.a4 &Sine gni* o
assaulting, with' attempt to ravish, 11fary Muir, and sen-
tenced to sic months itoprisomnent.
Wns. from Elgin, was indicted for seve-
ral acts of forgery, particularly for having, in courbe of
this yetr, purchased, or pretended to purchase, the Cra-
'Mond iron-works, from Messts:W.Cadell, Sons, and
CO. of Edinburgh, for the price of 8;0751. sterling, and
forged the name of his Grace the-Dite of Gordon to a
letter of guarantee for 3;00111. of that sum, it having
been stipulated, that before getting posiession of the
Works, he should make a partial p-aytnent to that esi
tent ; and for having forged the name of runes Brodie,
of Brodie, to a &aft of 2201. and traintnitted the same
`to Mr. A. Births; W:S.'with a view 4f' Obtaining a suns
,ilf money-horn hint. The-inclictnierit,hirking been read,
Mfr. Grant of Rothienntrihns stated, • that there 'were
'Weevil parts of the prisoner's conduct, besidei the acts
now charged against him, which afforded 'a strong'Prer
sumptiou that he was •not of a sound mind ; and ad.A
duced Dr. Hugh Fraser.? of Inverness, yap swore as
opinion, that M'Gilliyray was, unfit pa pliad to the iffJ
dictment. The Court therefure Ordered the prisoner to
be transmitted to Elgin, and the Court remitted to .two
medical Gentlemen there to etamine him, and repots
on,the'state of.
chis mind to the High Court of Jitsti,
-iau7 in Novettiber •v '
joke Peddle:on; *coned of areault, wit it4tor!ltoon-.
4iritea•rsifin,-sentence sis Months impsiswatusitylipThis
trial was proceeded in with closed doors, • ' •