Star.
London, England, 1802-02-26 00:00:00

OLD 11.1ILEr.

Ye flerloy three prifoners were tried,one of ivhom
wz.‘ cnnvieltd rf felony, viz.
F. Ski,.man, for flealing 11. I IS. the property of
Marrs. Sills, and Co.
_

Roihrt Ca ,:e was then hied upon a charge of
a niildenteanour, for having pureliafed a qnanrity
of check cute on, the property of Mr. Drake,
linen draper, from %shorn it was lloltu by !Dore
perfons unknown.
The leading circumflances of the cafe were
bride their :—The inoleilitor, a linen draper, in
Ratcliff Highway, had mide., particularly nn the
16th of Deceniber 1.01, fouie pieces of check cot-
ton from his Chop. In conkw:tree elfi= infor,
:nation he had received, lie went to the lhnp cf Mr.
Clarke, a wholefalefalefman, in Role.
mark-lane, accompanied by a friend, one of the
witneffes. He enquired for the mailer of the (hop,
on which the priloner was pointed out to him as
the perfon. They begged to look at fome check.
ed cottons; feveral kinds were (hewn, which the
profecutor laid would not fuit. At length, after
Tome hefitation, fome other pieces were (hewn, one
of which Mr. Drake fufpaling to be his own,
more narrowly infpeeted, and found his private
mark upon it. There were alto fome other pieces
produced at the fame time, which the profecutor
knew to be his property. He then enquired of the
prifoner how they came into his poffelfion ? At
fith he feemed to hefitate, but afterwards aliened
he had got them from a Jew clothefman, whole
name and refidence he did not know, but who of
frequented that neighbourhood. He laid he
gave 16d. and 164 d. per yard for them ; however,
the profecutor Rated the wholefale price to be at
haft sod. After fome farther converfation, an of-
ficer was fent for, and a clofer invelligation of the
prifoner took place, who further Meted, that no
entries were made in their books of fuch tranfac-
lions ; they were all ready money bufmeffes, and
they bought articles from numbers of itinerant
Salefmen in the courfe of the day. The refult
was, that tile prifoner was taken before a Magi-
flrate, where the affair was duly c•invalfed, on
which Come further matter tranfpired, tending to
(hew the tranlallion unjullifiable, and the prifoner
was confit:nel over to take his trial.
The above flatement appeared principally up-
on the depofition of the profecutor, his friend al-
luded to, and the Police-officer alsovementioned.
In defence of the prifoner, the :principal cnnal-
&ration advanced was, that he was not the matter
of the (hop, but his brother, the mailer, being then
ill, and fince deceafed, (thii fao tranfpired durkg
the examination of the prifoner at thespolice office)
and that, therefore, he had no interell in the tranf-
aaion, Ste.

In fupport of this defin.-P, reveral witneas were
brought forward. The wife of the cl..crafel bro-
ther of the prifoner was one ; the others were per-
lons either concerned in the !hop, or win knew the
family : from their account it tranfpired, tl!at the
bufinefs tranfitaed by Mr. Clarke, was on a very
large kale ; and from the widow'; teftimony, that
they bought of, perhaps, too different perfons in a
day, remnants, and other pieces of cloth, &c. of
vbich no particular accounts were kept ; a general
balance only being ftruck with regard to thefe con-
cerns, and that no enquiry had been made by them .
•
after the Jew. - •
The general cuaom of Mr. Clarke's (hop was
alto hated by Tome of the other witnedes.
The Coirt did not hold that the prifoner being.
a fervant, was in adequate plea in his defence, as
fuch perfons were clearly amenable for an illegal
tranfiation : a great opportunity would otherwife
be afforded for the groffeft frauds. The criminal
conduit of a fervent could not implicate a mailer.
Therefore, as in the pretent cafe, the fervant was
amenable, neither was the plea of his having no
dire& intereft in the tr.:lnflation, any ucufe. The
point, under all the circumstances of the cafe, for
the confideration of the Jury was, Whether or not
.tle prifoner, at the time he purchafed it, really
b:beved the property was honeftly come, by, when
fitelc'a gitantny of cotton as that produced, was
oicer'ea at a rate fo much under the wholefide
price ? This they •wo dd; decide from a &WI in-
,caltion of what had appeared in evidence.
.The fury after. .eonfernng fume time, brought in
a 'Verdi& of Guilty—and the,Court adjudged him
to pay a fine of_tool. and•to fix months imprifon-
tient in Newgate.
L
The fame fentenerwas paired, when
W. Maki,- .fones, W.,l3inse, J. ii..C.ighman,
J. Parrey,T. ijtield. IL ig;
josith&Takrx, M.
Doman, J. Condon, W. ' A. VV-atfon, M.