Star.
London, England, 1802-11-03 00:00:00

OLD BAILEr.

Yefferday fixteen prifoners were tried, two of
whom were capitally convi&ed, via.
William Varky, for !leafing notes and cafh to the
amount of 701. the property of W. Wood, in his
dwelling houfe.
Francifar, a Tyrolefe, was put to the bar about•
five o'clock. It was explained to him in French,
that he was indietcd for having, on the 16th of
(Moller lel, between the hours of five and fix in
the evening, malicioufly and felonioufly fired a
piftol, loaded with powder and ball, a; Richard
Maryan.

After the Jury were (worn in, the trial proceed-
ed, all the evidence being interpreted to the pri-
foner.

Mr. Maryan (toted, that he is a goldfmith, at
No. 44, Lombard-greet. His evidence -was to the
following effect t On the 16th of Odober, about
half paR five in the evening, the prifoner came in-
to my fhop, and placed himfelf about a yard from
the door. There were two candles burning on the
counter, though it was not then dark. I had jug
rifen from my feat when I noticed the prifoner. I
turned round, thinking it was a cullomer I was
going to addrefs. He advanced a little farther
into the (hop, and drew a pillol from his breaft
with his right hand. He pointed it againft my
body. The prifoner then Paid, " Your money."
I cried " What e—He again faid" Your money."
I laid I had none, and he again repeated " Your
money," pointing the piftol nearer, and fpeaking
in a more threatening tone of voice. After this
lag demand and refufal Mr. Minet came into the
Ihop, and paired the prifoner, when he pointed the
piflol at him, and at me occafionally. I was go-
ing to call to Mr. Minet to feize him, but I was
apprehenfive he would fire at him, I drew a little
nearer to him. I believe the prifoner obferved my
motion. He then &etched out his arm, and
pointed the piftol at my head over the counter.—
I threw my head back, flint my eyes, and the pif-
tol went off. My face was much burnt. I im-
mediately railed my head, turned round, and the
prifoner ran off. I thought at firft that the con-
tents of the piftol had lodged in the upper part of
my head, but putting my hand up to my fore-
head, I felt there was no blood—l inftantly pur-
fued the prifoner into the greet. I called out
" flop thief," " that's he," 44 (top' him," and I
came up with him within about an hundred yards
of my own fhop door. The prifoner then placed
his (boulder againft the wall, and pointed a piftol
again at me. Several perfons milled in upon
him, and a gentleman, Captain Stuart, took a
piftol out of hisiright hand. It was loaded, but
the cock was down, and it could not go off. The
prifoner was endeavouring to -defend himfelf with
the piftol.
The Judge (Mr. SyLverrsa):—Are you cer-
tain this was the fame man who pointed the piftol
at you in your fhop ? Yes; I kept my eyes con-
handy on him. When I came up, I faw him have
only on' piftol in his right hand, which Captain
Stuart .zok from him ; another was taken from
him by another perfon.
Q. Can you tell whether there was a hole made
in a pannel of your (hop, and a ball found in con.
fequence of the firing of the piftol ? There was.
Q.._ Are you fuze the hole was not there before ?
Yes.
Q._ In what direCtion was the piftol fired ? It
was fired directly at me, and the ball went over
my head, about one inch above it.
The witnefs, on his crofs examination by Mr.
STEPH EN S, Rated that he was very much flurried
when this tranfatlion took place. When the pri-
foner came into the (hop, he left the door open;
Lombard-greet is much frequented at that time
of night, land there were probably a number of
perfons then palling ; before Mr. Minet came in-
to the (hop, the prifoner did not attempt to fire
the piftol ; he did not attempt to draw the trigger_;
he did not know how near Mr. Minet was to the
prifoner after he paired him, as he kept his eye on
the face of the prifoner and the piflol ; he loft
fight df Mr. Minet, but he faw the prifoner point-
ing the piftol at that gentleman before he loft fight
of him, and afterwards towards .his right, which
was in the direition in which Mr. Minet f100d...
He could not Rate exactly the dimenfions of his
(hop ; the whole area might
_be about the fize of
the table of the Court. The counter is very nar-
row towards the door where the prifoner Mood ;
the witnefs came towards the narrow part of the
counter when the prifoner opened the door and
advanced in the fhop ; the prifoner flood about
a foot and a half from the counter ; from the time
he advanced he flood into the fame place, but
moved his body different ways as he pointed the
pillol ; he did not know whether the prifoner, in
moving thus, touched the counter with any part
of his body. The height of the place in which the
ball entered the pannel, was five feet eight inches
from the floor ; the height of the witnefs as he
then flood with his {hoes on, might be about five
feet fix inches ; the hole made by the ball was,
therefore, two inches above his head. Being anted
whether he thought it poflible the prifoner could
have miffed him if, in that fituation, he had de.
fignedly pointed the piftol at his head ? he anfwer-
ed, that he thought PROVIDENCE alone had laved
him, and that the ball mutt have hit him if he had
not drawn back his head ; " But (laid the Conn.
fel) that motion of your head did not make you
(hotter."

Mr. SYLVESTER fignified that it was not proper
to enter into this fort of reafoning with a witnefs.
The Jury had to judge of fads, not of opinions.
The opinion which had juft been given, he was
forty to fay, Went againft the prifoner, and was
hotlile to the objet the Learned Counfel had in
view.

Being Aced, Whether the flath in the pan might
not have finged his face, though the prifoner had
purpofely fired his piftol up to the wainfcot ?
The witnefs replied, that he did not think it could.
, Mr. Francis Minet, of No. 8, Old Broad- flreet,
merchant, faid—On Saturday, the t6th of 041 o•
ber, about half paft five o'clock, I went to Mr.
Maryan's fhop to get a tooth-pick cafe. I law a
man Rending there, rather obliquely towards the
counter. The door was neither open nor ihut.—

I heard the man fay "Money," and I heard Mr.
Maryan anfwer, that he had none. I fufpeaed
fornethinF was wrong, and I milled into the (hop:
in fo doing I puttied the prifoner's right dhow.—
When I got a little way in I turned hack with the
intention of laying hold of him : upon which he
prefented a pittol dote to me. I immediately
drew back, and (looped down to the height of the
counter. The prifciner then took the pitiol away
from me, and pointed it at Mr. Maryan, which I
law him do as I railed myfelf up. Immediately
the pittol was fired, and the prifoner ran out of the
(hop. Mr. Maryan put his hand up to his fore-
head, and cried, 64 0 GOD !" which induced me
to believe he was wounded; but when he took
away his hand I law that he was not. Ho ran out
firtt in purfuit of the ptifoner, and I followed.—
The crowd which fin-rounded him prevented me
from teeing ein him taken.
0

Cras-cx—amined by Mr. K3ATE.—The %rimers
did not lay hold of the prifoner as lie ride up
after (looping in the 'hop. He heard the piflol
go off as he was riling. It was pointed acrofs the
counter.

Capt. Henry Stewart was the next witnefs.—
On the 16111 of oClobei, at half pall five o'clock,
I was within a too yards of Mr. Maryan's houfe,
and I heard a pillol go off. In about a minute
after I law the prifoner following me. I turned
round and feizedhim. He had then a pillol in
each hand, and I took a loaded one out of his
right. It was loaded with powder and ball.—
There was nothing in the left hand pillol. It
appeared to have been fired off. 'Mr. Marian
came up in about a minute and a half. The pri-
foncr did not frak.
This witnefs produced the Old which he took
from the prifoner : it was a fmall pocket one.
J. Vial, hair.drefTer, faid, on the 16th of OCto-
ber, about half pall five, as I was fitting in my
matter's fhop, No. 52, Lombard-greet, I heard a
piilol go off; I went immediately to the door, and
law the prifoner with a piftol in his hand (I can.
not tell Which hand), within three or four yards
of Mr. Maryan's door; I followed him, and took
a pitied oat of his left hand; it was not loaded :
he was then hewed.
The witnefs produced a piflol, which was the
fellow of that taken by Capt. Stewart.
Wilham Canning, City Marfhal, Rated, that
after tt a Ira examinatital of the prifoner before
the LORD MAYOR, he thought it neceffary to go
to Mr. Maryan's, and infped the wainfcot where
the ball entered Ile had one of the pannelc, in
which there was a hole, taken out, and he found
a ball lodged about half an inch in the brick-work
beh;nd th-

The witnefs produce I O'e pannel and the' ball,
which were handed to the Jury.
Mr. Maryan, who was again called up, lived,
that Ile %, t., taip the hole was not in the pannel
kittore the pt dotter fired.
Mr. Canning, on his crofs:examination,
that ate requeiled Mr. Maryan to place hintfelf in
the fame pofition he was in when the prifoner fired
at him, and on meafuring thediftance between the
hole and his head, he found that it was about three
inches and a half above his height.
..This was the whole of the evidence on the part
of the profecution.

When the Prifoner was called on for his de-
fonce, he declined faying any thing, but told the
Interpreter that he •left it to his Counfel. His
Gounfel then told the Court that there was a writ-
ten pairer delivered into Court containing an ad-
drefs from the Prifoner. It was in Englifh, and
was read by the Clerk. In this addref the Pri.
Toner declared that he did not mean in the flight
et degree to extenuate the rail' and criminal ad
he had committed. It was an aft for which he
bad .ever face felt the fevereft regret ; on
which he refleded with aftoniftment ; and which
he did not know how to account fgr. fie
felt the deepeft contrition and•fhame for what
he. had done. He folemnly declared he did not
fire the with an intention of doing an injury
to the Profecutor. Being- in a difordered Rate of
mind, arifing from di:trefs, he (hewed the-piftol
to him, and on a perfon's entering the fluip it went
off, be knew not from what cattle ; and this was
the only way he could account for what he had
done. He was at that very moment periThing
With hunger. He had not eaten a morfel of food
for two or three days before :" he had no lOdging,
and was obliged to filcher himfelf from the incle-
mency of the weather within the walls of unfinifhed
houfes about the metropilis. He was unacquain-
ted with the language of the country to Rate his
wretched condition to-any body : he was afhamed
to beg, and in that dreadful fituation he determin-
ed to put an end to his exiftence. For that purpofe
he procured the very pillols with which he was
feized—went to the Park to (hoot himfelf, and
would have carried that refolution into act% had
he not been prevented by a Lady, who at that
time was palling with her fervants through the
Park. He folemnly allured the Court that he was
in a Rate of mental derangement when he fired
the piftol at the Profecutor, and upon his going
into the Compter, the Keeper of the place was fo
impreffed with that idea, that he ordered a (trait
waiftcoat to be put upon him. He would again
declare, in the moll folemn manner, that he never
intended to fire at the Profecutor. He would beg
leave to a(k the Court what °Ned he could
have had in doing fo—what advantage could he
expeCt to have gained by it ? The aft itfelf, and
the manner of his doing it, could not prove that
he had any rational intention in it. He would
beg leave to trcfpafs on the attention of the Court
for a moment, by Rating one circumftance which
deeply affeeted him. He was informed that morn-
ing, for the firft time, that he had been charged in
the Public Newfpapers with committing various
robberies in (hop; ; this was an accufition as
unfounded as it was cruel. Unfortunately it was
not in his power to prove the falfehood of it ; but
he challenged any man to thew that it was true ;
be now threw himfelf upon the candour of die
Public to refene him fi om fo foul a calumny ; he
never in • his h;.; offended againft the laws in any
other inflance except the prcfent ; and he was at
that moment randy to meet death if anyother crime
could be proved agaica hi4),11 t aft with which he

then flood charged Wai the firil and only ae.t of his
life to which any man could attach criminality ;
',and, with refliett to his condat in that inllance,
he relied on the charitable confiruaion which the
I jury might 1u: upon it; and if they faved his
r lite, he would receive the favour with gratitude ;
I but if they illould think fit to confign hint to a
difhonourable end, he would bow to their difpofal
of him, and meet his fate with refignation and
fortitude.

Two witneffes were called for the prifoner, viz.
Mr. John Duguin.—This Gentleman had, fincc
the prifoner was committed, vifited the limp of
the profecutor from motives of humanity. When
fief in the chop, he took notice of the fituation in
which the prifoner had flood, and of the place
where the ball had lodged; but he bad this day
noticed thefe things more particularly. The dif-
tance acroft the counter from the place where the
prifoner flood, was about 21'inches. With refped
to the fituation of the ball, the witnefs laid that he
was about 5 feet 9 inches high, and the aperture in
the brick wall about five inches above his height.
It was therefore about fix feet two inches from the
floor.

Mr. John Teague (fon of the Keeper of the
Poultry Compter) law the prifuner in about ten
minutes after he wat brought to the prifon. A
ftrait waiftcoat was afterwards put upon him. It
was put on to prevent him from making away
with himfelf, which it was fea: ed he would do.

Mr. Common Serjeant SY LVE s ER charged the
Jury. He remarked that there were two counts
in the indiament. In one the prifoner was charged
with firing at the profecutor in his dwelling houfe;
in the other the dwelling-houfe was not mentioned.
In fad, it made no material difference whether the
t 3 anladion hippened in the dwelling.houfe or any
where elk. The queflion for the Jury to decide
was, whether the prifoner did fire the pith)l wit-,
fullyknd maliciuufly at Mr. Maryan? Having re-
capitulated the evidence for the profecution, he
obferved, that a witnefs had been brought for.
-watd for the prifoner to prove that the ball had
)odged at the height of about fix feet two inches
from the ground ; but that was a circnmilance of
little imporr'ance. With regard to the malicious
intention, Mr. Maryan had been preffed to give
his opinion, and he hated that he thought the ball
would l-.ve Ilruck him if PROVIDENCE had not
direCted him to throw back his head. There was
one circutratance which vras not unworthy the at-
tention of the Jury, a pittol had 'been found un-
loaded in the left hand of the prifoner, and another
loaded in his right, with which he was prepared
to defend himielf. It appeared, therefore, that
the piftols had changed hands after he fired one in
Mr. Maryan'efhop. The prifonerdenies any mali-
cious intention, which is What any man in his
fituation would do. An attempt has been made
to prove that he is deranged, but all the evidence
urt that lfead relates to appearances after the fa&, •
and therefore can have but little weight. Had
there been any evidence of that kind before the
fief, it would have been' more important. If
Be faits which had been proved, convinced the
ury that the prifoner had tirEd the piitol with a
Malajous intention, they would do their day,
though a painful one, and find him guilty-. If,
however, they could fuggefk any kilt, any- 'fair
Motive. for his conduet, they would acquit him ;
but they wonld not affign motives for human con-
duet which did not exalt in nature. They would
confider of their verdiet, and decide according to
their confciences.
The Jury retired for about fifteen minutes, and
returned with a verdict of Guilty.
The Interpreter went and informed the prifoner
privately, what the vetdiet was, on which he
feemed affeCted, but (hewed no emotion.

The prifoner is 27_years of age, about five feet
fdtir inches high. fEs hair. is black, his eyebrows
of the fame colour, and arched. The shape of his
face is oval, and his nofe Roman. There was.no
particular expreiflon in his countenance, except
that of calm refignation. He feemed to take no
notice of.the proceedings of the. Court.
Seven were conviaed of felony, viz.
W. Harris, for (leafing a quantity of foap, the
property of R. Jones.
R. Lee, for Realing a ballot and other articles,
the property of J. Shepherd.
T. Fearfon, for Healing a pair of (beets and other
articles, the property of Eleanor Roberts.'
7. ,Leod, for Realing a pair of men's Owes,
the property of J. Hoppe.
Pape,for Healing three bars of iron, the pro-
petty of A. D. Swinton.
gamer Fane, an Excife Officer, for fiealing four
pounds of coffee from the warehoufe of Meffrs.
Brandon and Co. where a large quantity was de-
poked till the duties on it were paid to the Go-
vernment, and till the owners of it fhould call for it.

Mr. CoNsT Rated the cafe for the profecution,
and chewed the enormous guilt of filch a violation
of trua as the prifoner was charged with.
Thomas Major, foreman to Meffrs. Brandon
and Co. proved, that the prifoner had often talked
of the frauds of the other Excife Officers, and
dwelt fo much upon the fubjeft,' that he became
fomewhat fufpetted himfelf, and was watched by
the men attending the place ; that on the 17th of
September, a little tbelore the warehoufes were
Phut up, one of the mtn came down to him and
told him, that the prifoner had put fome coffee
into his pocket; that he accordingly flopped him
as he was coming down (lairs' and examined his
pockets, which he found fullEf coffee ; he then
aflced him had he any more ? He replied, .4 No,
upon his honour ;" notwithflinding they found
iinne more in a paper between the crown and lin-
ing of his hat.
Samuel Thomas, a labourer at thole ware-
houfes, raw the prifoner put his hands into the
calks of coffee, at two feveral times: upon that
he informed the foreman of the circumftance, and
the prifoner, after the coffee was fo found upon
him, was immediately given into cullody.
Both thole witn4s, as well as the conflable
who apprehended him, raid he was drunk at the
time, but not fo drunk but he might very well
know what he was doin.
The prifoner being called upon for Ili!).defence,
pr rated a Writttu pOcil which bad, that he

had known much better days, and never dreamt
of (landing in the difgraceful fituation he was in
at prefent : he admitted the fa& charged againft
him, but laid it was by suf means premeditated
guilt, but a fudden impulfe in a moment of acci-
deo!al intoxication: he trufted that juftide would
be in his cafe tempered with mercy.
No witnefres attended for him, and the Jury with-
out helitation found him—Guilty.
. William Hill, porter and warehnufeman to Mr.
Martin, ironmonger, of St. John's-fireet, Smith-
field, was indicted for healing from his mafler's
premifes, a large quantity of iron nails, value 9s.
Mr. kt.t.sv flated, that: -thole flagitious
breaches oftrufl and confidence defet,ved, as much
as almoit any crime, the fevere lath of the law :
one could fecure one's !tonic from the midnight
robber by bolts and bars; it was often leen that
by a courageous refinance the highwayman may
be reptilfed,: but againft thole confidential and do-
meltic robbers, there is no fecurity but in the fain-
tary rigour of the Ltw. He flate&the cafe for the
profecution as fu pported by the following evidence;
Henry Martin, ironmonger, proved that he had
employed the prifoner as his watelioufeman and
porter for near five years, and had repofed great
confidence in him ; that on the 7th of OClober,
upon his return from the country, he learnt, to his
aitonifhment, that the prifoner was ltopt by one
of. the'patrole, and brought to the Office at Wor-
fhip-Ilreet, to account for the p.:operty of a lat,ge
bag of nails, which.he was feen carryiup The
witnels laid he knew them to be his, and *at the
prifoner at the time contefied to him that they were
his property, but that he lhld Keen a long time col-
le fling them, and never took any. confiderable
quantity at one time.

- John-Bolt, a Police Officer, who arreaed him,
confirmed this account, and mentioned the very
evafive anfwers given by the pritoner, when &II
queulioned about them.
The prifoner made no defence, and was found
—Guilty.
-And fever) were acquitted, viz.
R. Bray, R. rates, (V gennings, T. Rll5ll, It
Templer, Llizateth rhutyood, and_ M. Welch.

A very curious difcovery has lately been made
by Mr. TOON, of Stamford. On digging up fome
potatoes from his garden, he oblerved that many
of them had been bit by vermin, and were thereby
much decayed. Having occafton to dig rather
deep, he found a hole large enough to contain eight
bufhels nearly filled a ith his vegetable property,
which had been depofited there by rats.
On the nil of Oetober two gentlemen went a
(hooting from Moffat ; and, after having killed a
number of muirfowl, hares, partridges, fnipes, &c.
when one of the gentlemen was defcending a deep
glen, within two miles of Moffat, alargc beautiful
young eagle fprung from one of the rocks, He
happened to haste a ball in one•of his barrels (for
the purpofe of (hooting deer) and with this he fired
at the eagle and killed him. The eagle meafured
upwards of five feet from tip to tip of his wings.
-a—A few days before, a gentleman faw an eagle
chaced by 'two Roman ravens, tr the fame fpot.
On Monday fe'nnight, as Mr.Aous, of Port
fea, his wife and child, were going to vigt a friend
at Wincheller, • in"a gig;‘ when they came to the
turnpike kilt out of Fareham, Mr. A. got out, his
wife going on the mean while, and the horfe mend:
ing his pace, alarmed Mrs. A. fo much thit
fcreamed out, upon which a waggoner, who was
a little on the road before, cracked his whip, and.'
the animal fuddenly turning. out of the roal into.'
a ditch, threw Mrs. A. and the child out, by which
accident her neck was diflocated, and the child's
thigh broken. Mrs. A. died alto/(t inimediStely,
hut the child is in a fair way of recoverf..

On Tuefday fennight, about half pat' fix o'cloct;
the daughter of the bell-ringer at the floly Trinity
Church, Hall, having gone into the church to look
for her father, was accofled by a man who had by
fome means obtained entrance, and vas dreffed in
a great coat, a hairy cap,.and a malk, with a ham-
mer and chile! in his hand, and the poor-box under
his arm. After fome threatening language to her,
he knocked her down, and made to the north door,
the bar of which he lifted up, atid went out. It
does not appear that any article of confequence
had been taken away. The girl is confiderably in-
difpofed, and bears all the figns of having received
a blow on the head, togethet with other marks of
violence. or this extraordinary occurrence no-
thing further, we believe, is yet known.
Yeflerday Jofeph Lettice, valet to the well
known Jew King, was brought in cultody to Bow.
ftreet, on warrant, wherein he flood charged on
oath, by Thomas Searle, an. officer of the Sheriff'
of Middlefer, for violently affaulting him in the •
execution Of his duty.

It appeared,that on Monday evening laft, Searle
having a writ againft King,, he went to his.houle
in Duke-ffreet, near Portland-place, and having
obtained entrance, by getting down the area, and
in at the kitchen door, he was immediately af-
faulted by the prifonet Lettice, notwithftanding
he informed him he had a writ againft King.—
The noife brought down King, and the Right
Hon. Lady Lauefborough ; the former of whom,
on laming his bufinefs, joined in the affault, and
repeatedly defired the prifoner to murder him.
The poker and tongs were then had recourfe to ;
and the two female fervants, affitting in the cattle
of their mailer, the fed& became general.—
Mr. King was refcued, and made good his retreat
to the yard of an adjoining bottle ; where, however,
he was found, and the caption at- length made
good. He was fire taken to a lock-up houfe; but
there being detainers in the Sheriff's Office againfl
him, to the amount of near five thoufand pounds,
the Officer, for his own fecurity, thought proper
to lodge him the fame night in Newgate.
The prifoner in his defence admitted allault, but
denied being apprifed of the bufinefs the complain.
ant came about, although he acknowledged that
he knew his matter's fituatinn, and had received
pefitive orders from him to guard every entrance
to the houfe againft
He ' was ordered to find bail for affaulting the
Officer in die execution o(his duty. The Officer's
face Chewed marks of Conic very hard blow:.

. e.