Star.
London, England, 1822-10-24 00:00:00

THE KINGe. THE INHABITANTS of ST. PANCRAS.

This was an indictment preferred at the instance
of the Commissioners of the New Street against the
Parish of' St. Pancras, for not repairing the road
Which runs round by the eastern side of the Regent's
Park, on the side of which the Jew's Harp public-
thouse, and other houses are built. Thespestion turned
entirely on the construction of the Acts of Parliament.
The CHIES JUSTICII suggested that a case should be
made out for the opinion of the Court, and evidence
of the-facts was then gone into for that purpose.
I It was established that the sciaiitiad been .open to
tiug Public.; but it appeared it had been greatly cut

tafis by the cartage of tliilterilds ter the erection of the
Hone Barracks. . . . .
The CHM Jelsetee etpessed Mt opinion that this
vests a somewhat premature proceeding, if it were to
try the question of liability, and thought,,as regarded
the compelling the parish to repair it, had an ungra-
.
icious aspect.
The Sotactrott-Gennat., after disclaiming any
-illiberal Intention on the part of those by whom, he
was employed, consented to withdraw a Juror, it
being understood that Government would repair the
road at present;- and the question of future liability
still remains undecided.
OLD BA 1 LET.
Yesterday John Benjamin Brookes was capitally
indicted for forging a receipt for 151. 10s. with intent
to defiaud William Clarke.
Mr. ALL stilted the case for the prosecution.—
An action was brought by Clarke against Brookes,
in the Court of Common Pleas, to recover 181.55.,
and as a set„off to that claim, and in order to defeat
Clarke in the aetionothe prisoner produced a check,
'upon the back of which were 'undry items, amount-
ing to 151. 10s. and underneath these, in the way of
receipt, was written " William Clarke," which was
alleged to be forged by the prisoner. The case was
decided in favour of Clarke, and the prisoner being
afterwards ordered by Mr. Justice Best to produce
the original check, he said he had had advice, which.
had induced him to destroy it. Brookes's attorney
had previously, by order of Court, furnished Mr.
Hill (Clai ke's attorney), with a copy of the check,
and Brookes, on this occasion, admitted that copy to
be a correct one. These facts were proved by a clerk
to the Court of Common Press, and by Mt. Hill.--
The latter further stated that an action was pending
in the Court of King's Bench between Brookes and
Clarke; but Brookes, when he said he bad destroyed
the check, declared he would withdraw that action
and pay the costs. His bill of costs for the actions
between Clarke and Brookes amounted, up to July
last, to nearly 1001. He had received 1401. since that
time from a person whom he believed to be clerk to
a Mr. Bickennel. That money he now had in Court,',
to abide any order the Judge might make.
William Donald scorn.—l am a dealer in goods
by commission. I recollect selling a hoese to Salmon,
the Bow-street officer, and he gave me his bill for
£l5. 10s. and the remainder in money. This was in
December, 1821. I applied to Clarke, the prosecu-
tor, to get the bill discounted, and I went with him
to the prisoner's house in Broad-court, Bow-strcet—
(the bill was drawn by witness upon Salmon, at two
months). The bill was discounted by the prisoner at
bis house. The money was paid to me in a check for
1:10 upon Hodson and Stirling, and the remainder in
money, 255. being deducted. Clarke had the check
in his hands for a few moments, but • he had no op-
portunity of writing 'anything on it. Theist was no
name or .figure on the back of the check wheri witness,
had it. It was paid.at Hodsoll and Stirling's..
George Ward.—l am a hatter in Clare-street. The,
prisoner; Brookes, called upon me, and produced a
check, on a day before he was to a-Tear before Mr.
Justice Best. He asked me if the endorsement on the
back of the check was Clarke's hand-writing ? There
were some figures, and " William Clarke" written on
the back. I said the signature was not in Clarke's
hand-writing, it was nothing like it, and I would call
my wife, who also knew Clarke's hand-wriOng ; she
looked at it and said, it's nothing like it.
Cross-examined.—l have seen Clarke write: I am
not aware that he writes different hands at different
times; lie writes his name sometimes " W. Claike,"
sometimes " Win. Clarke," and sometimes " William
Clarke." • A paper, in which was written " Wm.
Clarke," was here shewn to witness, and he said he
should think it was Clarke's hand-writing. Another
was shewn to him, which, he said, he believed wail
not Clarke's hand-writing. .
John Goldsmith sworn—l• was examined, as•a wit-
ness on the trial of the cause in the Common Pleas.
On the 7th of August-1
was arrested; and on the Bth
I saw Brooks in' Coldbath-fieldsTrisOn. ;;,;saw hint
in. the Governor's house, and.--Useent with- him and.
Mr. Clark, an attorney, ilito'the'Yard-:- .'Brookes said
to me—" Will you swear that is' eimiwi hand-.
writing at the back. of the checirtere":.4l4.!.lit is
quite impossible, for I have 'newer seen: the. cheque
since the trial." He said, "1 supPisse3rOultriow What.
I have directed. Clarke, the attorney, to inforth you?"
I said I did. and I understand by the. Papers. he had
destroyed the cheque ; that-I had seen Clarke' hand-
writing very often, and that if he had not destroyed
it, and would chew it to me, and if it was Clarke's
hand-writing, I would swear to it. Mr. Isaacs&
and another person came in at time, and Brookes
and he retired to a corner of the yard. Brookes after
some time came to me, and said, any communica-
tion which I might have to make might be made to
Mr. Isaacson, " for really," added he, "I am so agi-
tated in my mind that I don't know what I am about."
I then retired with Isaacson. •

Mr. Todd, a clerk in the bank of Hodson and Stir-
ling, proved the payment of a cheque in the name ofl
Clarke on the 18th of December.
William Clarke was next called.
Mr. Serjeant PELL objected to this witness being
examined, on the ground that he was incompetent to
give evidence, he being an interested person.
Mr. ALLEY and Mr. CIIRWOOD argued at length
for the admissibility of Mr. Clarke as a witness.
Mr. Justice PARK decided, that, under all the cir-
cumstances, Mr. Clarke could not be examined.
J. Beckenham, Clerk to Mr. Stretton's brewhouse,
went with Mr. Clarke to the House of Correction,
and saw Brookes there. • Clarke introduced Brookes,
and said he had brought me with him respecting the
business of which they had been talking the day be-
fore. Brookes then asked Clarke not to attend at
Bow-street, and he said he would not, if Brookes
would pay his law expenses. Brookes said he would,
and paid into my hands 1501. in money and bills. I
paid 1001. of this to Clarke,. and 501. to the brother
of Mr. Hill, the attorney for the prosecution.
Two letters were then read, one from the prisoner
to Clarke, and the other written by him, but signed
,by Clarke, and addressed to Sir Richard Birnie.

• ' The former implored Clarke to visit him, and de-
elated that he. only. could save him. The other was
expressive of an opinion, on the part of Clarke, th:tt
he had " in some respect been deceived," and a wi•.lt
that Sir Richard Biruie would allow hint to withdraw
from any further proceedings against Brookes.'•
The prisoner, in his defence, called on to
ness that Mr. Clarks did put lila RAMC to 1119 ulieck

and proceeded to eye a detafted account' di. the vit.
rictus transactions between them. He had liten in
the habit of discounting bills for Clarke, and 4
quitrel having arisen betvieen them. Clarke an-
nnenced proceedings for usury, but which was driqi.,
.ped. . This gave rise to the proceedings already
fore the Public. He ascribed his present situation
to Mr. Hill, the attorney for the prosecution, who*
he had served with a notice, and tainst whom hi
had intimated an intention to prefer a charge for pin.:
jury on a former occa,ion. He was proceeding td
comment in strong language on the character of the
witnesses for the prosecution, when the Court called
him to order, and he concluded.
Mr. Isaacson, attorney, stated that he had °Kees
in Brookes's house, and that he was his (Mr. Isaacson's,
managing .clerk. He remembered the trial in tl.e
Common Pleas ; no objection was then mate th:rT
the check was forged. Was present when applicA,
tion was made at the Judge's Chambers to have t.le
check produced ; it was not produced ; there was a
second order to.produce it, but Brookes declined Fro.
ducing it, but he did not say he had destroyed it, nor
could witness now say it was destroyed.
J. Turner, Isaacson's clerk, swore he was present
when Clarke called and requested the loan of £4 or
.£5 on a bill ; Brookes was at dinner, and gave wit-
ness four sovereigns, which he gave to Claike. He
afterwards saw Brookes give Clarke the cheek for
ten pounds, and heard him say —" Chyle ywu hat
better indorse this check ;" and saw him (Clarke) so
indorse it.

Mr. Henry Arthur said he lived in Brookes's houses
and was present when Brookes told Clarke to write
on the check, and saw him write, but he knew not
whet it was.
Ten witnesses were called, and they all concurred
in giving the prisoner a very excellent character ;
none of them had known him less than five years;
some of them had known him f!om a child.

Mr. Justice PARK summed up the evidence with
his usual ability, and the Jury returned a verdict of
—Not Guilty.

SURREY SESSIONS.

Yesterday the trial of Henry Marshall, alias lcoare,
whose case some time ago excited so much interest
at Union-Hall Office, came on. He is a young mart
of prepossessing appearance and not more than 13
years of age. It will be recollected that he endea-
voured to pass for the son of a Gentleman of high
rank and fortune. He was.tried for stealing a pistol.
Thomas Reed, constable of Clapham, stated, that
on Tuesday, the 4th of September, the prisoner was
brought to the Clapham watch-house, and left alone
for a few hours locked up in a roost, where there
were several muskets and j;istols loaded. .The re-
spectable appearance of the prisoner prevented all
suspicion, and he was next day taken to Union-Hall
on a charge. Afterwards a pistol was shewn to wiL-
ness at the office, for which pistol he was resi,onible
as constable of the watch•house. The prisoner said,
on being-charged with the robbery, that he did net
take.it for the purpose of stealing it, but for the put-
pose. of shooting himself.
It appeared from the evidence of Hall and aiother
officer, that on the day after the prisoner was com-
mitted for not paying a hackney-coachman his
he was locked up in the strong room. at Union-11.!1/
with two felons, and the report of a pistol was heard
and a smoke issued from that room. The pistai was
taken out of the hands of one of the felons, a ho said
he had got it from Marshall. Tile two felons had
been so strictly seat ched, that it was impossible they
could have taken in the pistol with them'.
The prisoner denied that he had stolen the pistol.
The Jury• found him Guilty.
The CHAIRMAN said he understood that Hall had
inquired inter the history of the prisoner, which it
' might be necessary to hear publicly.
Hall said the prisoner's character was perhaps one
of the worst that had ever come before the Court.
Su fir from being the son of a Gentleman of rank,
he.was the son .of, a butler, and his mother was
poor washerwoman, who with ditfiCulty supported
herself..Tixo.prisbner was her only son, and his habits
from his earliest years had been most depraved, his
propensity to ihieying being quite incorrigible. Be-
(rare he was .13-yearcs old he *as sentenced to be
transported for Seven years, but his sentence having
been commuted to imprisonment at the Penitentiary,
he got out .upon the Public after a confinernent of
five years and a half. His first act, after passing the
prison-door, was to go and rate his mother, from
whom he stole five of her `customers' shirts, and he
had packed up fourteen more to "carry away. Ile
was not long infinding companions of his own stamp,
with whom there was reason to believe he concerted
an attack upon a house at Clapham Common. From
the Common, where ,he did not meet his friends, he
was driven off by a coachman, who lodged him in
the watch-house for not paying his fate, and in that
watch-house he had stolen the pistol. Had the pri-,
sorter been acquitted on the present charge, his mo-
ther determined to prosecute him, to save him from
the.gallows.
A note was. handed to the CHAIRMAN from the.
Governor of the Penitentiary. It stated that the pri-
soner, who had been. liberated but a week before he
was taken into custody, was the worst of 1800 pri-
soners whom the Governor had under his care.
The CHAIRMAN said he was sorry the law did not
enable him to secure the prisoner for life. Particular
care should be taken that he shOuld not again go,intu
the Penitentiary, however.

Sentence— Transportation.,for seven years.
The prisoner, who during the trhil !Lad conducted
himself with the greatest humility, afterthe seutencc
smiled contemptuously towards the Court.

COAL- tA 11K ET, OCTOBER 23.
Bunion 42s 61-11eatim 44s—W411suud Brown's 43s 6(l—.
Walhend Green 41s ini—Wiiiington 44s 6d—Cuwren 405
Culin 34s—Wa11setni Myth 39s—Eden Alain 435-I'awcet Mein
42s—Iledsvotth Main 36s 6d —Wallsend Lintbton 475 Wane+
end Liddeirs 39s—Wallsend Stolhirt 42s 6d.

2; Ships at market; 19 Ships sold ; '2 uniiohl.

AILS. Asir:. out.
Dublin 1 • 0
Wxrrforcl 1 0
Guettary add Jens/. 0 0
Lisbon 1 0

an M. t.t.i.
France 1 0
Hamburglt 0 1

Flanders'

0 0

IlalLlnd • 0 0
Leeward- Islands' 0 0

Malta o u
Gnett.nliargh 0 1
Brizit o