Star.
London, England, 1802-12-13 00:00:00

DECEMUt 10.

THE KING V. LEWIS AND OTHERS.
This was an indiament againft the defendants
for an alfault. The profecutnr was Butterfield
the informer: The cafe for the profeeution was,
that Butterfield having ordered come coals from
the Patent Coal Wharf, obferved them as they
were carrying home, and fufpated that they
were thort of meafure. He, therefore, begged
that they might be taken to the Meters to be mea•
lured. Lewis, who aced as mailer, refufed this
demand, and ordered the coals to be tarried back
to the wharf. A mob Collated, when Butterfield
wa,s recognized, and one of the defendants) a
butcher, called out, " Go him ; -he is a bloody in.
former." The carman threw him down before the
horfes, Lewis Bruck him feveral violent blows,
and he fcarcely efcaped with his life. He imme-
diately called a conflable, who is the fourth de-
fendant, but this gentleman, inflead of lending
him atlillance, raid he was the informer Butter-
field, and encouraged the populace in their out-
rages towards him.
The only witneff:s who gave evidence were
Butterfield Mani-elf and his female affociate, Mrs.
Smithers. Between them they feemed to eitablifh
the cafe very fatisfadorily. •
Fur the defendants, however, feveral refpetable
men appeared, from whole teilimony the follow- I
ing turned out to be the true account of the tranG
adion : Butterfield, whofe mode of life is well
known, thinking that he might recover fome Pe-
' nalfies from Frederick, the, Patentee Coal Mer-
chant, employed one Pollard whom he wo'fild not
(wear either to have been, or Plot to be now, un- I
der fentence of tranfportation) to purchafe fome
coals of him • Ode were ordered to be brought
to No. 19, Bedford-row ; the Meter's ticket was
made out to that addrefs; but when the carman
arrived at No. 19, 13edford.raw, he was told that
no coals had been ordered there; he was, there-
fore, returning home with his cart, where he met
the profecutor ; Mr. B. had paid fot' the coals,
and maintaining that they were his, defired that
they might be taken to be meafnred the carman '
not knowing who he was, and urging that the
houfe in Bedford-row was the place he was coni-
manded to go to, he collared him, and feized the
bodes' reins ; the carman behaved in the meekeft
manner; Butterfield never was knocked down,
and all the injury he received was from the hull-
ling of the mob. With regard to Lewis an alibi
was proved. The Counfel for the defendants were
proceeding to call more witnelTes, when the Jury
laid they were fatisfied, and, with the Judge's ap-
probation, immeliately acquitted the defendants.
Mr..Eeszis F. had before faid that this was the
lift time that Butterfield fhould ever give evidence
upon oath in a court of juftice, and he now applied
to Lord Ellenborough to commit him for perjury.
But this his Lordfbip refufed to do.

St LF-CRIMINATION.

In the courfe of the trial, Butterfield was anted
in crofs-examination, whether he had not been in
the Hour; of Correttion at Lewes ?
Lord ELLEN BOILOUS H immediately interpofed,
and (lopped the queßion. He raid, that he con-
fidered the putting fuch a queßion was contrary
to the law of England. It had been decided in
Cook's cafe by Z. Plaice Ireby, who was a great
lawyer, alined by Mr. Juilice Powell, who was
alfo a great lawyer, that a witnefs could not be
examined to a matter which either ,g degraded him
or made him infamous ?" and, in his opinion, it
was well it ihould be fo ; for it would be very in-
convenient for the purpofes of juilice-, if witnefles
were to be examined to all the pati circumßances
of their lives, which made them either igArnous
or contemptible. His Lordthip added, their
teßimony, if impeachable' might be dose by " ad-
verfe evidence," and not by crofs-examination of
the witnefs's (elf.