Star.
London, England, 1807-10-31 00:00:00

OLD BAILEY.

Yefierday nine prifoners were tried, of whom one
was capitally convicted, via. Andrew who was
convicted yefierday, and again tried, for
Realinr in the dwelling houfe of S. Holmes; the
White Horfe Inn, Fetter lane, feveral articles of
wearing apparel, and a filver watch, the property cf
B. Frederick. 'nice were convicted of felony, Via.
Ann Fowler, for !leafing a Inver table fpoon, and
a table cloth, the property of H. Chave.
N. Orab, for healing a filver watch, the property
of H. Southey.
IV. anti, for Realing a pelilte, value 45. the pro-
perty of W. and C. Matthews.
Antonio Defpardo, alias Dlino, a Spaniard, was put
to the bar, cnarged with an indictment for (tabbing
one William Burn, an Engliih Gilnr, belonging to
the fame Ship, at Canton in China, while they were
on (bore there, on the 3oth of November UR, to
which be had pleaded nut guilty ; and had claimed
the privilege allowed by the benignity of the laws of
England to foreigners, of which we gave the part'.
culars on a former day.
Mr. Assor opened the indictment.
ThC ATTORNOY GENBRAL opened the cafe for the
Crown. He laid, the prifoner at the bar is a Spa-
niard , he hands chatged only with manflaughter,
in killing William Burn, and which offence he is
Rated to have committed at Canton in China. The
circumßanees which I have to Rate to you are very
thou. • The prifoner was a failor on board the Airly
'Cattle ; he failed as one of the crew in that fhip to
Canton in China : the veffel arrived, and went a
eonfiderable way up the River ; the prifoner, with
I many of the crew went on throe, and while on Shore
1 a quarrel and a fcuffle took place between them.—
We cannot fay, for we have no information, in
what the quarrel originated ; we have no one who
' was prefent at the beginning of it ; but the Captain's
Steward will give you particulars enough to fußain
the charge again'( the prifoner. Some confufinn
having taken place, and blows having been riven,
he went down among thith. The witnefs will tell
you,. that William Barr„ the deceafed, came out of
his place of reit, nearly undreffed, and went, with the
witnels, to the (pot where this truffle began. They
found the prifoner wish a knife in his hand, appear-
ing to be very much irritated by fome•hing which
had given him great offence. They were &limns
of taking► the knife from him. The deceafed laid
hold of him, for the purpofe of taking the k:rife front
him. The pastier first Slabbed at, but miffed the
deceafed, or wounded him flightly. The deceafed
renewed his endeavours to take tlse knife away, when
the prisoner aimed another blow at him, and nabbed
him, and then gave him a wound of which he died.
Yon wail have to confider whether, tinder there cir
cumliances, this killing fallen, on the prifoner the
crime of manflaughter. Of that et ime there can be
no doubt. 1 think, when you than have heard evt.
dence. But a queflion doth a ice which his Laidihip

twill have to confider upon a point of law. It is—
Whether this cafe does or-does not cr:rne wishin the
At of Parliament under which this ti ecial commit•
lion is held ? By the 33d of Henry VIII. this mode
of trial is cnatied, relating as it does to the trial of
perfons charged with murder beyond the feas ; that
Aft was confined to the crime of murder. A fob-
fequent nature of the 43i Geo. 111. extended it to
that of manflanghter. By that law Lis Majeay is
authorized to iffue a coinnuffion for the trial of of-
fences, whether committed 'within this realm or with.
out. I am aware that doubts have ari'en in the
minds of grave perfonc, whether this applies to the
cafe of a foreigner committing a crime abroad. His
Lordlhip will confider thir, and probably take the
opinion of the Judges upon it. For the prefent, we
will take it to apply to the prefent cafe. I will call
the witnefs to prove the faits, after which you will, I
apprehend, have no diffieultY in finding the prifonet
guilty of manflaughter, which is the crime for which
he is indifted.
James Burford, examined by Mr. GARROW
" In the months of November and December fall, I
was in the fervice of Captain Prelcott, of the Airly
Celtic, at Canton in China. I know the prifoner.
He was a Iceman on board that fhip at that time.---;.
He had entered as a volunteer from a Dutch (hip,
where,he was taken in Prince of Wales's Ifland. He
had been on board two or three months when this
unfortunate affray happened. He went, with fume
of the reit of the crew, on (bore at Canton. I was
on (bore too, but feparated from them. In conic-
quence of what I heard, I went among them. The
deceafed was an Englifhman—the prifoner is a Spa-
niard. The deceafed and rnyfelf went together, and
found the prifoner within the ring of the crew, among
the people, with his knife in his hand, attempting to
nab feveral of the crew. I immediately went into
the ring, and defired the prifoner to go into the fac-
tory, whith was clofe by, they being jolt under the
Wall of it. The prifoner, when he law me, attempted
to flab me. I immediately held up my flick to keep
him from me, and he let his arm fall. The deceafed
(Burn) came to me, touched me on the fhoulticr, and
told me not to go too near the prifoner, for he had
a drawn knife in his hand. I anfwered, that I faw
it, and that I intended to take it from hint. The
deceafed, Burn, then Paid, I will take it from him. He
then went to the prifoner with intention to lay hold
of him. He attempted to fecure his arm ; got hold
of one of his avms, but it was the left, and the knife
was in his right hand ; pufhed the prifoner with fothe
violence again( the rails, which were behind him.
At that moment the prifoner made a thruft at the
deceafed with a knife, and wounded him a little
below the navel, but (lightly. The deceafed then
attempted to lay hold of the prifoner's arm a fecund
time, but miffed his aim, when the prifoner gave
him a fecund thruft very violently, and (tabbed him
in the left groin ; the deceafed then fell from the
prifoner, and Paid he was (tabbed. The prifoner then
threw his knife away from him over the rails behind
him. I did not fee the knife afterwards. I fecured
the prifoner. Afterwards, about half an hour, I law
the deceafed ; he was lying on his back about too
yards from the place where he was (tabbed. I was
with him until day light, when he was taken into
the fhip, but I did not fee him after he was dead.—
The firlt I law of this affray was the prifoner with his
knife drawn, attempting to flab many of the crew :
they were all on him, with their nicks up "tempting
to (hike him.

The Interpreter then repeated the whole of the
evidence to the prifoner in his own language. as read
to him for that purpofe by Lord ELLENBOROUGH
from his notes.

When he was told that he entered voluntarily at
the Prince of Wales's Ifland, he laid No; but that
he was taken prifoner from on board the Dutch Ihip ;
that the Captain of the Indianan told him it was
neceffary he Ihould affiß in the navigation of a
merchant !hip, and that he agreed to affiii in it ac•
cordingly.
Tht ptifoner then afked the witnefs, through the
medium of the interpreter, whether the deceafed did
not fatly forth into the place valve he was in the
itreet, with a Rick in his hand, with intention to
alike the ptifoner ?—A. The deceafed had no flick
in his hand ; nor did he (ally out with intention to
flrike the prifoner.
Q._ Whether after the deceafed fell, the other fai-
lots tat were about firuck the Prifimer ? A. I think
they did—l did not fee them flrike with flicks before
he gabbed the deceafed ; but they appeared to me as
if they were engaged in an affray ; they attempting
to itrike him with Ricks, and he menacing them with
his weapon.
George Holman, one of the crew of the Chip, wai
prefent at the time when Burn was slabbed ; law the
knife thrown away by the ptifoner ; took it up and
delivered it to Mr. Hall.

Mr. Henry Hall, 4th officer of the (hip, produced
the knife ; he then Paid that the prifoner entered
the (hip, the Airly Callle, from on board the Blen-
heim—he came on board bf us, laid the witnefs, as
a volunteer ; I was prefent when he received the
bounty ; he did not ferve as a prifoner working his
pafrage, but had entered as volunteer, and was one of
the crew ; we have all letters of marque; he receiv-
ed pay the day before this happened ; he had 455. a
month, befides the bounty : we were about eighty
miles up the river—it was about the third of a mile
acrofs from where the !hip lay, and was within the
tide-way.

The prifoner admitted his having received two
months pay the fame as the reft of the crcw ; but de•
nied hi► having taken the 13.)tinty.
Jofeph Stacey. furgeon of the (hip, proved the de.
cealed was under his care ; had received a wound in
the groin by which his inteßines protruded out of the
fide for 6 inches ; died between five and fix in the
morning on the day following; no doubt the wound
was the occ.ifion of his death.

Being called upon for his defences the Ptifonet
fail, thole who had charged him with 11 fit )_i
lix
the deceafed, did not ('peak the tfuth. The deceafei'
came upon the prifoner ina fate of intoxication with
a Ilick in his hand, with which he gave the Ptifone:
a blow over the head, which cut him, the mark 01
which Bill remained en his head. The deceafed the:
retreated, and immediately afterwards began at!
vancing again, whed the Piih•ner leceived a blot'
from behind, which knocked him to the grt:tind.—
He got up, and found that his knife, wt.i4h he woi•
in a (heath, had talk) on the ground. He picke,
it up, but had not time to replace it in the fcabb.ii,

when the JeccaLd advanced, and again attacked the
?,'ironer wir' trick. I. was linp ,albi 7: lot the pit-
loner to rette it, being then elta^ I,pon t,te F.,dor
wall. He held up tO, left hatid to oetetid Ittinfelt
against tite blows of the dec,:a!e.l, and hi, k.iite pro•
jeered out. The deer:4l.rd (It pt hi, foo,, gild tel on
the Pr;forier', k..ife, and io mitotic' .(.-rite be the
wound which he re.tiv,,t. Su 1.0 I.oir, wifi-,i,t; to
quarrel with the deceaCed, or at,y others t,f tne c.. N.
the PIK iner, on feeitog them difral,..d to qua, ei Ito
him, hid ltimfe!f helutof the &to of the Fallot y,
from v.henee lie v.a, pu!led by the hair of die bead by
one of the party. They then pt op 11.: to kill tne
prifoher, laying, it wonid mAci; Pie eheniy one
and that there would not be .4::y j i.licc for him.
Burl ad was again called up by Loicl ELL I. /19.
ROUCiI, and being low:Nate.' a, to the different
points of the prifoiter's defence, Jeclat ed that it was
not title that the deceafed was drunk ; that he bad
fallen for Ward on the Prifatter's knife, ur tnat ti!‘
deceafed bad (truck the prifiater.
The prif mer laid he had hit iniated to the C.lptain
that he bad four wi neffes to ad:.'oze ir, his ex.. 11-
pation, but the Captain had paid nu dttrr.:ion to Li;
application.
It appeared, however, from the evidence of Mr.
Read, the Police Magiatrate, that one of their wit-
neffes, named Torres, had been examined before
him, and had been allowed to depart, the ptiloner
himfelf being convinced that his evidence did not
make for the prifoner—and that a fearch had been
made for upwards of a fortnight, for another perfon
of the name of Babtiaa, whom the prifoner aifo re-
prefented as a material evidence for him.
Lord ELLEKBOItuUGHp in recapitulating the cafe
to the Jury, raid, the potation in which the parties
were first difcovered, the deceafed being oppofed to
the prifoner with a flick, while the ptitor.er held a
knife in his hand, no evidence exiaing as to how the
quarrel had originated, or who was the Era aggt ef-
for, might naturally he fuppofed to have produced
fuch a degree of irritation in the mind of both, as to
have reduced the r,ffer.ce to he committed by either
to the denominatian of manflaughter. It WAS for
the Jury to determine, between the evidence f .r the
prufecution, and the probability of the ;tory told by
the prifoner, how far they could Cupp .le the pri:oner
atluated by fears for his perfonal foto v. If they were
of this opinion, the prifoner allied in felf deLnce, and
if In, mutt be acquitted of the maidliughter
The latter part of the prifoner's delenci., however, in
which he reprefented that he had been torn from his
place of concealment by the hair of the head, on
which occafron it was pra,pofed to kill him, as the
enemy would thereby be made one leis, &e. was fu
completely improbable as to throw a eacredit on all
the refl. It was for the Jury, hotveVer, to determine.
After being ahfent for aboin three hours, the Jury
returned a verdid of—Guilty.
The Special Commiflion was then adjatirned rill
December, and the prifoner remanded till that time.
703 n Irilliamfon, apothecary and man midwife,
of Qlteen Anne•ftreet Eall, was indieled far the mur-
der of Ann Delscruix, the wife of Mr. Delacroix,
maker of distilled waters, in Poland-Urea, in the
parifh of St. James, Weamiufter, on Sunday, the
zoth September.
At the clife of this trial, Lord Et.ersanitouon
obferved, that as it was likely many accoonts w uld
be given to the public of this trial, he would recoma
mend that they fhould be given very (rvingly, as
full details might produce injurious effects on the
minds of many females in delicate and dangerous
fituations. We (hall therefore obit:lye the tecoM-
mendation of his Lordlhip.
The prifoner being about 75 years df age, was in-
dulged, on his own requea, with a chair, at the bar.
From the evidence of Elizabeth Garret, the mirk,
who waited on Mrs. Delacroix, it appeared, that the
was delivered of a male child by the pi ifoner on Fri-
day, the 17th of September. 0., the Sunday fol.
lowing, the prifoner performed another operation,
which was attended with the death of the patient.
It appeared from the tellimony of a number of
Medical Gentlemen, that great et rors had been com-
mitted, and confiderable vialence ufed.

The prifoner, when called upon for his defence,
merely Lid, that he had filled to the bell of his
judgment.
Fourteen women Were then introduced as witneffes
in his favour, all of whom he had delivered at differ-
ent times. Only fix of thern•were examiurd, who
uniformly (poke to the kindnefs and attention which
he had (Li played, and to his !kill, as tar as thsy were
able to judge.
Lord ELLENBrROUGIf ebferved, in his ehatge to
the Jury, that .not a particle of evidence had been
produced which went to convid the prilmet mur-
der: But though the lige of mut des mull he
excluded, yet it was for them to confider whether the
evidence went fo far as to bring home manflaughter,
which was the charge contained it) the verdid of the
coroner's inquell. In that cafe the piiforter mutt
have been guiity of criminal tatifeondtid, wiring
either from the greffeft ignorance, ur the mill cr iini-
nal inattention; one or the other of (bele was neceffat y
to make him guilty of that criminal negligence and
mifcondua which would infer manflatighter. It does
not appear that in this cafe thete was any want of
attention on his put, and from the evidence of the
witneffes in his behalf, it appears he had delivered
many women at different times, from whir h he mull
have had fome degree of &ill. It wi.tili feem that
having placed himfelf in a dangerous lituation, he
became (hocked and confounded. He could noc
poffibly have committed fu:h miaakes in the exeicife
of his unclouded faculties. It appealed to his Lord-
fhip, that if they brt.ught him in guilty of man-
flaughter,it would tend to encompats a ni,,ft important
and anxious proteffion with fuch dangers as would
deter refieding men frt,m entering into it.
The Jug, after a (host contideration brought in a
verdid ot-Ict

A very awful event occtirted a' Leeds Rwation
Office on Timidity lan. A woman (who had leen
getter days) came to mate a complanit to the Ma•
nitrates, that her htifbat..d negiefled to make
,Officient provilion fur hcrielf and tal:ily Ittr deli.
:acy induced her to wait till all the olier tattling, of
he Office was concluded :—witea the proceeded t t
aake her curnr hunt, the became vitil,..nt:y Agitated,
Ind, being leized with an apopledic atfeaion, capited
a [mall ronm arijoining in lefs than 2.
Vac C tionet's Jury brought ill a veleta of:—.Di:d
y the vilitaticn of Con.

MIDDLESEX SESSIONS.

lIICKS's FALL, OCTOBER 30.
kICH•RD ANDREWS.
It Will be remembered that this perfon, after hav-
ing been acquitted on a capital charge, at the Old
Bailey Sefiions preceding the lea, was turned over
to be taied the following felfions, for a minor charge
of fraud, at Clerkenwell, which, on convietion, can
ammo,' to no more than a tranl'portable offence.
At the lafi Clerkenwell Seffions, Andrews con-
trived to pollpene his coining forward, until the very
laot day. The Ea', of Befborough, the profecutor,
Mr. Davifon, and fevetal other witneffes for the pro-
fecution, were each day in attendance ; but Andrews
on the fall day, came forward with an affidavit, that
there were upwards of an hundred witneffes to be
examined, on his behalf, whole attendance he had
not ;seen hitherto able to procure, and without the
benefit of whole tellimony he could not fafely abide
•.-1,41, and therefore prayed to have it deferred
muff the prefent feffions. Andrews, who was then
in Court, was bound over in hens recognizances, as
were the feveral witneffes for the profecation, to at-
t.
ad
at the pfloponed trial, which was fixed for the
6,11 Tavel(lay, or fecond day of the prefent leffion.—
B ;t on the arrival of that day, another application
comes to the Court, from Andrews, Rating that he
WAS not yet ready, boot pofitively pledging bimfelf to
Annear at ten o'clock on the Friday. Friday ar-
rives : Lord Befbotough, Mr. Davifon, and the
.41.cr witneffes for the profecution attend, but no
Andrews. There had, it Teems, been fume negle&
or error on his part. in not procuring the wtit of
Habeas Corpus, for bringing him up to-day by the
gaoler, in whc.fe culludy he is confined for debt; and
fits Counfel, Mr: ALLEY, applied to the Court, to
p..fip ,ne the trial, as the prtfoner was not yet quite
prepared to meet his trial with, the full, benefit of
that entire teltimany which was indifpenfably neccf-
frry t;, his defence. The Learned Connie' therefore
hoped, that as from a fh rt pollpuhement to Timidity
next, no great inconvenience to the profecutor, or his
witnefTe., could arife, there would be no objeflion.
The Earl of Belborough Paid, it would be
tnr him to give his attendance on Tuefday next,
as he had burin& of importance that would iodic-
penfahlv require his prefence elfewhere.
Mr. Davifon, the crofecutor, decidedly ohjeaed to
the delay purled on the prifonet's behalf, and
complained of the extreme troubli and inconvenience
to which the. Noble Earl now in Court had been,firb-
jetiett, and the expence and harahip thrown upon
kimielf, in attending for this profeention, Seffion
liter SelEon, and day after day, and bringing wit-
tittles from a di:tance tcrettend the trial, for the cer-
tainty or convenience of whole attendance on any
futme occalion, he could ant be anfwerable. He ap
peared there as a profecutor for the fake of public
justice, ac well as f the vindication of his own eha-
raaer, which had been mon et nelly and nrjoinly im-
plicated and afperfed ; and he hoped the Court
would not finEtion the further delay of this trial, nor
fuller a man, by artful pretences and mancesivres of
this kind, to defeat the laws, or mock the public ad.
miniltration of jolfice.
It was here laid, that a Habeas Corpus was abut
:utely neceflary to bring up Andrews ; and that it
was now too late in the day to apply for it, fo as to
bring forward a ilia' which might occupy the Court
the whole of any one day.
Mr. ALLEY allotted the Court, and the profecutor,
that he was not aware of any with, much lets of any
finifler mancenvre, on the part if his client, on this
occafion, unceceffarily to procrallinate this trial; and,
as the Noble Earl could not attend on Tuefday, it
might pethaps he better to poll pone the trial to the-
ii i Tuefday in the next (calls, which was only a
month hence, and if the profecutrr Ihould find any
a iconvenience in bringing forward his witneffes,
C. until un the part of the ptifoner would have no
~t.i,•eion to admit the written teftimcny of the wit•
neffes who could not attend, as taken down on their
examinations before the Magistrates.
Mr. Davifun objeeled ; and Hated his appre-
henfions that proctallination was only defied for the
p ,rpofe of wearing out the patience of the profecu-
1.,, 's witnelL ; and that when theday now piopufed
fhould arrive there would be a new affidavit, and a
hells applica,i n fur further delay.
Mr. ALL,-.Y undertook to be hirrfelfanfwerable fry
the prifoner's appearance to trial cn the day he now
propofed, and pledged his honour, that if Andrews
fhould fail then to come forward, he would throw up
hi; brief.
Mr. Davifon acceded with reluelance ; but laid,
he Ihould take care to provide a Habeas Corpus, at
his own expence, for the day new fixed.
The Court potiponed the trial accordingly
The Court was occopicd the remainder of the day
in trials fur affaults, not interefiing.

The Earl of I.rt4SDALE has prefented the Rev.
Mr. HooLtsrrii with an elegant let of communion
plate, richly ornamented, for the tile of St. Nicht)•
las's chapel, at Whitehaven.
Ft a B.—At nine o'clock laft night, as fume pafren•
~cis were going through Vigo-lane, they obferved
,me frnokc ifroing from the (hop window, of Mr.
!'homa,, a cutler in that place. They immediately
„sive the alarm of fire, and built open the flop
:onr. A living body of fire inilantly wilted out
,nto the areet. In a very (port time a number of en-
tines Caine to the relief of the diareffed inhabitants.
A plentiful fupply of water was had on the &It art
rival of the engines—but, notwithaanding there cir
aumflances, and the *live exertions of the firemen,
the fire Arengthened—it grew to fuch a valt tize, and
tocreafed to web a degree of brightnefs, that at ten
-,i'clock the Peeples of St. James's and St. George's
" Chinches were completely illuminated by the blaze,
and the brur could be difiinaly told by St. James's
-lock. The wtofi krions apprehenfion was enter-
glined for the hoofs of Mr. Wilfon, the pawnbroker
.Ij,•ioirig, and for the livery (tables at the back of
`lr. Thomas's houfe. NIA fortunately, however,
the flames were in a great meafure fubdued by eleven
clock, and at twelve the fire was very nearly ex
•aguithed without doing any very material damage
o any of the furroundiug houfes. Mr. Thomas's
property was entirely deltroyed, but we do not hear
that any one was perfonally itijnred. The St. jalreS9S,
Prince of Wales's, and the Duke of Glonceflei's
lanteers at•ended with the utmolt promptitude,
rfrtinned on duty the greater part oldie night.

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