Star.
London, England, 1801-10-29 00:00:00

CLERKENWELL SESSIONS, OCTOBER ag.

Wer DOCKS.—Yefierday an Inquifition was
taken before WILLIAM MAINWARINGi Efq. and a
Special Jury, between the London Dock Company
and Mr. Jones, a brafs and iron founder, at the
Hermitage Dock.
Mr. Serjeant BEST opened the cafe, by Rating,
that the Jury were called upon, under the direct.
tions of the Aet of Parliament for forming Wet
Docks at. Wapping, to enquire into the value of the
premifes occupied by the latter at Wapping, by
the Thames fide; the fum which the Company had
offered Mr. Jones as a compenfation for his being
compelled to quit his fituation was 30001. ; an of-
fer they confidered in every refpel liberal, and
more than adequate to the erection of premifes of
fimilar extent; this had been refufed by Mr. Jones
who demanded a cum above 13,0001. the difference
between the parties amounting to fo large a fum,
rendered this a very properquation for the decifion
of a jury; he fhotdd call the Surveyors of the Wet
Dock Company, who would prove that pool. was
an ample conlideration.

Mr. Ale Mr. Biggs, Mr. Robinfon, and
Mr. Gough, furveyors, flitted, that according to
the eflimates they had made, 30001. was fufficient
to rein(late the premifes in any part of the town.
Mr. Etsx Is E addreffed the Jury on the part of
Mr. Jones ; he contended, that the criterion by
which the value of there premifes was to be judged
of, did not depend upon what it would coil to re-
build them in another place, fuppofing a conve-
nient fituation could be procured; but what would
be the afloat lois !alined by the individual, in
confequence of being removed from the fpot
where he had eflablillied his bulimia. In the pre-
fent cafe, it was to be coufidered, what had been
the (late of the premifes when Mr. Jones took
them, and what difadvantages he would labour
under, if, after having brought his manufaCtory
to its prefent (late of improvement, he r as obliged
to leave it a new one. The premifes
in quellion were clofe to the Thames, and were
formerly occupied by a mail-makLr, by whom they
had been left in a moil ruinous condition : a con.
fiderable fum of money had been expended in
ere Cling the different parts of the foundry, which
could not be adapted to any other place. The re-
moval of an iron foundry of fuch vaa extent, was
not like that of a giocer's or an old cloaths'
With regard to the latter, the tradefinen could
pack up their flock in trade, and fet up with per.
haps nearly equal advantage in another part of the
town ; but not fo with refpeit to a man carrying on
loch a manufaelory as that of which Mr. Jones
was the proprietor ; it would be attended with the
fame difficulty to remove his forges and ponder-
ous machinery, as to have difpoffeired the Cyclops
of Mount Etna, of which they had been in rf.
fince the days of Homer and Virgil. fhe
firft mode of calculation, in order to afcertain what
Mr. Jones had a right to demand of the Dock Cor-
poration, was what would be his 1011, fuppofing
he could not poffibly find any other place what-
ever to carry on his bulinefs with the fame advan-
tages; and he (hould clearly prove that he could
not. The fecond was, what he would fuffer by
the comparative mode of carrying on his bufinefs,
fuppofing he obtained a Iltuation in ionic part of
the town where he would he obliged to have re-
cootie to land carriage for the different articles of
his manufadlory, which he at prefent obtained by
water carriage. Upon both there fuppofitions, Mr.
Erfkine entered into a variety of calculations,
proving, by arithmetical dedtations, that the lois
of Mr. Jones would, in either cafe, be from 13,0001.
to 16,0001. By one Itatement the lots was carricd
as high as 18,0791. It is impoffible to follow bins
through all his calculations, without occupying as
much of our Paper as it we were detailing a finan-
cial budget; it is fufficient to flute they were the
refult of faills, and incontrovertible premifes. He
concluded a very long and argumentative fpeech,
by trolling the Jury would award his client the
full value of the lituation he enjoyed, and the ad-
vantages he &lived from it.
He called a number of witnefresk who fully
proved his calculations to have been ebnformable
to their own. They agreed with him in opinion
that Mr. Jones could nut procure any fpot on the
banks of the Thames to ctlablifn fuch a maniteac-
tory on ; and that the injury he would fullaia
could not amount to lefs than 13,00
Mr. Serjeant Bssv made an eloquent
after which

Mr. MA IP IVA KIN ofurnmcd up fx oijenci

reply ;
ang

■

i =I

the jury hating retired till a late hi
65001.
The caufe tool: up a hearing of fevers hours, and
the jury were levetal hours confidering their ver-
die. It was a fpecial Jury of relpeetable rner-
&pas, who had been to view the premifes. They
e 6sool. for Mr. Jones's leafs and good will
of the trade therein.

01 AILFY.
Yederday the Se commenced, before the
Right lion. the LOILD TOR, MI. jililICC HE AT 11,
Mr. baron Timm rsots, Mr. RECORDER, &c. when
54 prifoners were tried, two of whom were capi-,
tally conviaed, viz :
Henry Ellis and lamer Price, for ficaling two
geldings the property of William Townfend.
The profecutor, William Townfend, fwore,
That he is a farmer living at Trantham, near the
River-head, by Seven Oaks; that on the if of
September he fent feven horfcs out to graft.—
They were turned out at feven o'clock in the even-
ing. On the morning of the zd of September he
mitred two of his horks ; they were two geldings,
a black and a bay one. On the 3d of September
he went to Barnet to inquire after them, that being
the day before the fair at Barnet. He fearchea
the (tables there, and at the liable of Mrs. Neale, I
who keeps a public-houfe, the fign of the Wag
gon and I lot fes, he found the two prifoners with
two hot fus ; the one, a black, was the profecutor's,
the other was not his. The pt Wooers were look-
ing at the hork : they came out to the town, and
fo did the profecutor; he law them afterwards in
the (beet. He laid hold of the priliiner Price, the
other was then at a very little diflance. He told
Price he had loft his }torte at the time he appre-
hended him, but he did not know that Ellis heard I
him fay this to Price, nor did he obferve at that
moment whether Ellis was on foot or on horfeback,
but loon after wards he faw Ellis on horfeback rid-
ing away in Italic, he drove againft a Welch runt
and fell, on which he was feized. The witnefs.
had no converfation ith Ellis, nor did he know
whether Yllis raw him apprehend Price. He was
a very little diflance off however. In consequence
of information the profecutor went to Whetllone,
• and found his other horfe.
On crofs-examination, he (aid, he fent out feven
horfes. His fervant took them out. That fer-
vant was not in Court. The profecutor did not
know whether Ellis heard what lie communicated
to Price. The horfe which he faw in the pof-
feffion of Ellis, at Barnet, was not the honk of
the Profecutor ; neither was Ellis prefent when
the profecutor found his honk at Whetlone.
Mary Neale laid, (he keeps the public-houfe the
fign of the Waggon and Horfcs, at Barnet ;_ that
about teno'clock in the morning of the 3d of Sep-
tember, fining the day before the fair at Barnet,the
two prifoners came to her hottfe,cach of them lead-
ing a hork, but njirher of them mounted. They
came to her liable where the honks were put in,
and they (laid there for an hour or two. In a
couple of hours the profccutor, Mr. Townfend,
came to her hook, and claimed the horfes.—
About an hour after Mr. Townfend came, the
witnefs faw the prifoners again. The two bodes
were afterwards broughtiout to Mr. 'Townfend.
Benjamin Freeman Paid, he lived at the Anchor
at Whetlione. He laid, he remembered Price,
one of the prifoners, at his hook, on the ad of
September Wt. Price brought with him three'
horfes, and put them in the liable. Another man
came afterwards, and dined with him ; and they
went away together, and took with them two of
the honks. Mr. Townfend came to the houfe of
the witnefs the next day, and claimed the horfe.
The prifoners went from the houfe of the wit-
nefs towards Barnet. The witnefs knew only
Price.
The prifoner Ellis, called a witnefs of the name
of Thomas Hawkins, who Rated himfelf to be a
cordwainer, living at Pomona Place, Liffen Green,
Paddington, for the purpok of proving an alibi
on the part of Ellis ; but from two or three con-
tradietions in his teflimony, he did the prifoner's
cafe more harm than good.
The Cutinki for the poofecution then propofed
to (hew that both the prifoners rode together, on
the outfide of a coach from Lewitharn tothe White
Hart at River-Head, on the night after the ill of
september' and that they were both together at
the White Hart there from eight to ten at night.
The Connfel for the Prifoner Ellis, fubmitted,
that the Learned Gentleman could not regularly
tall any witneffes for the Crown after the profecu.
tor's evidence Was doled.
The Learned Judge laid, that if it was objeOed
to as the Counfel calling evidence, he, as the Judge,
could call it, and then ordered the witneffes to be
The coachman, and one of the outride paffen-
gers were then called. The former (wore he took
two perfons up at Lcwifham, and carried them on
the out fide of his coach to the White Hart, at the
River Head, on the i it of September lath He was
pc;fltive to the perfun of Pi ice, but did not take
particular notice of the othei.
One ,of the outride paffengers of the coact fwore
pofitively to the perfons of both the prifoners, and
(wore alio, that they were together on the ontlide
of the coach on the evening of the i ll of September
Lift, from Leo ilium to the W'hite Hart, at the
River Head.
Mr. ftiftice HEATH rammed up the evidence,
and obierved, that there was no eye witnefs to the
a,"! cif healing theft: honks, and that indeed there
feldom was any fuch evidence to a felony ; it was
not rearonable to expc& it, for men committed',
firl,ine in a way which appeared to them to be
call liahle to deteCtion, for which reafon circum-
Dantial evidence was always received in theft
cafes, and Lit( timilance,, when they formed a re-
gular chain, were often better than pofitive proof,
becatik, in the one cafe, a witnefs mj,ght millake,
in the other there was no In. 11 chances Fortunate-
ly for Office, it often happened that when any cafe
seas attempted to be made out by perjury, it failed
for the want of the witneffes knowing all the mi-
nute points which made up the charge on the other
fade, and In the badnefs of a cafe appeared often
from the attempts that were made to rapport it.
Here the only witnefs who endeavoured to prove

an ani on the part of Ellis, contradiCted himfelf
in feveral points, and he was alto contradicted in
others by three witneffes ; and there was no con-
tradiction whatever in the evidence on the part
of the profecution. Under thele circumflances,
the Jury were called upon to fay, whether they be-
lieved the cafe was made uut againft the prifoners
at the Bar? If they believed the evidence for the
profccusion, they would find the prifoners guilty ;
if they faw any reafon to doubt it, they would ac-
quit them..—Guilty.—Death.
There was another charge againft them for a
fimilar offence; but the Counfel for the Profecution
laid, he fbould give the Court no trouble upon
that, and, therefore, they were not tried upon it.
Seven were convicted of felony, viz.
John Jones, for healing alb. of raw coffee, the
property of Edward Hanlon and others.
Evan Jones, for healing soolb. of fugar, the pro-
perty of Meffrs. Ives and Co.
Mary Cunningham, for healing three il. notes,
the property of Willi:ant Smith.
Yob:Jones, for healing a man's hat, the property
of James Armflrong.
John litatfm, for healing a counterpane, the pro-
perty of Edward Edwards.
James Dennis, for (leafing a pocket.book from the
pocket of Robt. Glendinning. The Profecutor had
occafion to go into Nesegate, on the Felons' fide,
and as he paired along, the prifoncr, who was con-
fined there on fume et iminal charge, took occalion
to pick his pocket. The indiftment only charged
him with fimple larceny.—C nib/.
Elizabeth Murphy, for a capital offence, being
charged with healing on the 7th of September, one
flraw bonnet, value zts. the goods of Jones Mayne
and Henrietta Wandler, privately in their Ihop.
The thop of the Profecutor is in Middle-row,
Lower Holborn : on the above day the prifoner,
who was in the habit of buying trifling articles at
the fhop, came for a yard of twill, for which hie
paid. In a few minutes the came a fecond time,
and had the fame quantity of twill, and tendered
a fufpicious looking fhilling to change for it. The
fhop-woman, the only perfon in the Ihop at each
time, went up Hairs to the Profecutors, who were
at tea, to know about the Chilling ; the had orders
to change it. On her coming down the gave the
change to the prifoner, who, of courfe, went away.
In a -few minutes the bonnet was mitred : no ac-
count could be obtained of it until the 26th of Sep-
tember, when the pi ilbner was feen go by the (hop
with the bonnet on her head. The Profecutor in-
Randy recognized it, and followed her; (be was
brought back, and given into the ouhody of an
Officer. The fufpicions of the Profecutor, as to
the bonnet, were realized, and he duly identified
it in Court. A quantity of bad money, it appear-
ed, was found on the prifoncr.
In her defence (lie afferted file bought the bon-
net from a woman in the thee for ten !billings,
that a few days aftcr, palling by Mr. Mayne's (hop,
he charged her with Ilealing it, but offered to corn-
promife the matter for a guinea, and, that on her
telling him (he had not one, he bid her pawn her
cloak for it.
On the Profecutor being applied to as to the
truth of the latter part of the ptifoner's defence, he
of courfe difclaimed it. The charge feemed fully
dlablifled againft the prifoner, but the Jury found
means to obviate the capital part of it, by finding
her guilty of healing to the value of *.s. t td.
Five were a:quitted. viz.
Michael Deafly, and Ifeentit Harley, were charged
with a capital offence, in burglarioufly entering
the houfe of John Corker, and healing therein an
iron poker, two aprons, and two handkerchiefs,
his property.
This cafe, which exhibited nothing either curi-
ous or important, took up the attention of the
Court for a confiderable time, on account of the
great number of witneffes who were examined, as
well for the defence as the profecution. The jet of
the evidence was, that the wife of the Profecutor
had locked up her houfe in Penton-Ilreet, in which
there was only one perfon, an infirm man, confined
to his bed, on the evening of the 27th of Septem-
ber. She was accompanied by a young woman,
one of the witnelfes ; they returned in about a
(patter of an hour, when they found the door
open, and in a parlour where the articles laid in
the indictment mere depofited, they found the pri.
foner Deafhy. He had the poker in his hand : the
other prifoner was outfide the door. The woman
gave an alarm; feveral women came to their affill-
AMC, and an elderly man. In endeavouring to
fecure the pr ifoners a fcuffle enfued ; Hurley (truck
feveral of the parties, as did alfo Dealhy,from whom
the poker was at length forced. He got away
when the Officers came ; they found him under his
bed in his lodgings, which were in die fame tired
where the Profecutor refided. The Pmfecutor's
wife hated, that the was offered money by a man
on the part of the prifoner not to appear. 6he alto
hated fume collateral circumflances, which were
not fulaftantiatcd by the tellimony of the other wit-
neffes.

In their defence, the prifoncr Death,' alledged,
that he had been very drunk, and going to the door
of the Profecutor's houfe, to enquire after a perfon
who he imagined to be there, the wife came out
and abufcd him, and was going to (hike him : be
took up fome dirt to throw at her, when the ran
in for a poker, in order to give him a blow with
it : at teeing this, he wrenched the poker from her
hand, and in confequence a feutlle enfued. The
prifoncr Hurley affcrted, that he was not near the
Profecutor's houfe at all.

To fupport this defence a number of witnefles
were brought forward—they all fwore pofitively
to One general effeet, which was, that Rated by the
prifoner Deallly, as above, in his defence, and in
exculpation of the fecond prifoner.
The Learned Judge, HCAT“, who tried the cafe,
as the charge was capital, and the cafe appeasing
by the evidence rather quellionable, entered some-
what into detail in his charge to the Jury. His
Lorchbip feemed to think the Rory told in defence
of the prifoners,rather improbable and inconfalent,
and that told by the Pr.,fecutris. fAvinF one OT two
cireurntances, more I;kely to he founded in fgt.
He then dctaiicd the evidence, and obfervcd, that
the charge of burglary was done away by an ad-
zniffion of the Prolicutlia.

juryjeltCome time to confideruf their vesa
dia, which was an acquittal of both the prifoners.
Elijah Collins was indicted for Healing a quantity
of hemp, the property of Alanfon, a rope-
maker ; and Griffith:, a twine-lpinner, for
purchafing the fame, knowing it to be Ilolen.
A Clerk of Ellilun and Co. proved, that he had
weighed the hemp, and feen it loaded, when it was
fent off to Mr. Alanfon, under the care of Collins,
who was employed as a driver in the fervice of the
owner of the waggon, and of a periiin of the name
of Livinglione, who was then in the fervier of Mr.
Alanfon, but who has lince abfeonded, in conic-
quence of being charged with being concerned
in this theft.
Samuel Baker, a corporal in the Second Tower
Hamlets militia, law the prifoner (Collins), and
another man, flop the waggon in Shoraditch, and
fill two bags with a quantity of the hemp, which
they pulled from the parcels by main torce ; be af-
terwards met the two men with the bags which he
bad feen fo filled ; he then overtook the waggon,
and followed it to Mr. Alanfon's, whom he in-
formed of what he had teen.
Thomas Pike, by trade-a carpenter, hut occa-
flonally working as a porter, fahli he met two men
with two bags of hemp, one of them fo drank,
that he was unable to go on, and the other endea-
vouring to Alt him ; they agreed with him to
carry the bags for them, which he did, ail} taking
one, and then returning for the other, which was
in the meantime left in charge to a cobler ; he car-
ried them to the bottle of the prifoner (Griffiths),
whither he afterwards conduced Alanfon and the
police officers.
Bay and Vickery, officers belonging toWorfhip-
ftreet, went with Mr. Alanfon to !catch the houfe
of Griffiths, who (hewed them his ftores without
hefitation. Alanfon found form hemp, which was
produced, and which be alerted then to be his pro-
perty ; but now he would only undertake to fwear
that it was of the fame dind.
Thomas Allins, a hemp and flax-dreffer, in the
Borough, fupplied Griffiths, who was a twine-
fpinner, with hemp of the fame kind as the un-
dreffed part of it produced ; to the other part he
could not (wear, nor could any perfon.
In their defence, Griffiths denied having any
knowledge whatfoever of the tranfaelion. Collins
[aid, that he did not know to what place he was to
take the hemp; that Livia Rona was fent to con-
duel him, and be conceived he had a right to dif-
pofe of the hemp which he Allied in tilling into
the bags by his dire Lion; he Paid, that when quer
tionedby Mr. Alanfon, he immediately mentioned'
this.
The Jury found both the prifoners--tVot Guilty.
Harry Cunningham and Nary Cunningham were
charged with flealing three pounds feventeen fhil-
lings from the perfon of Mary Smith, in chair own
dwelling-houfe.
Smith, a failor, laid, that having received four
pounds wages due to him, and being intoxicated,
he gave it for fafety to his wife Mary, who was
fober. . .

Mary Smith, fhortly after receiving this money
from her hu(baud, was anted to take fume fupptr
with the prifoners ; after fupper the gave the pri.
Toner (Mary Cunningham) one note to get a pot
of porter, and received the change ; 175. 6d. of
which the tied with the remaining notes in a cor-
ner of the handkerchief which the had on her neck;
being fatigued the then laid down in her clothes,
on the prifoners' bed, where they too lay down
ihortly ; and by and by (he felt a hand bury with
her !handkerchief, and faw the prifoner (Mary)
untying it ; the immediately fpoke to her, when
both the prifoners ran out, and the followed them,
and demanded her money. The prifuner (Mary)
laid, the had fritrattd it, and would never give it to
her. On a fubfequtnt demand, the pi ifoner Henry
offered her a (billing, which the took.
Another woman fwore that Ihe was prefent when
Mary Smith demanded her money : the prifoner
(Mary Cunningham) replied (he had planted it.
This cafe was p articularlyremarkable for two
points of law laid down by Mr. Baron THOM rsow :
the offence was charged as capital ; but the fiatute
which made offences of this nature capital, being
intended for the protection of the dwelling-hotifes
of the perfons on whom the offences were commit-
ted, could not apply to perfons going into the
honks of others. the offence was therefore not
capital : again, if the Jury thould find H. Cun-
ningham guilty of this offence, the law had that
high idea of the obedience of a wife to her hulband,
and that tcnderncfs fur human life, that it would
fuppofe her to aft under his controul, and there-
fore they would in that cafe actinic the prifoner
Mary ; but it was poflible that the wife might
commit the offence of herfelf, without the parti-
cipation or knowledge of her hufband, and under
I fuch circumflances it would be proper to acquit
the hutband, and find only the wife guilty.
Verdict—Henry Cunningham Not Guihy,—Mary
Cunningham Galt,.