Star.
London, England, 1812-11-07 00:00:00

ite commission of the robbery, he 'heard that One
suspicion attached to him, and his friends repro idled
him with his supposed misconduct. For the purpose
of repelling the charge, he went to the Blossoms bin,
from whence the coach set out, and, in company
With two friends, entered into a conversation with the
man who drove the (Mach, when it was robbed,
whom he requested to rake a particular observation
of his person, and then demanded whether he had
any recollection of him to which the coach-
man made answer, that be had not—and that, to
the best of his knowledge, he had never seen him
before. He then wrote to Sir J. Pinhorn, at whose
banking-house part of the notes were pay ible, and
also to Mr. Gifford, the Magi:trate, stating, wit he
was ready to surrender 'himself, and give bail for his
appearance to take his trial at the Maidstone Asak s
then next ensuing. He. went to that town, but no
bill of ind7ctment was thenpreferred against him.—
Things rentainA in this state till September last,
when, after several examinations, he was committed,
no evidence being adduced against 11:m except that
of a person connected with the Maidstone Bank, who
deposed, that the day a:ter the robbery, a man whom
he believed to be. Birkett, presented a £5O note,
(which was clearly traced to have been taken from
the coach) and wanted Maidstoni notes iti exchange.
for it. Birkett, however, swore that he was at borne
on the sth of February ; and his father and mother
deposed, that he did 'hot leave his house till atter
twelve o'clock on that morning; so that the B: iglt-
ton coach, which set out at seven o'clock, must have
been far advanced on its way from London, to its place
of destination. From his house, it is sworn, be went
to a friend at Hoxton, and conversed with him about
some fish, which he was sealing to his sister ; and
his affidavit, on this point, was borne out by that of
his friend. • From the whole it appeared, that he was
at home till twelve o'clock on the morning of the
sth —from that he went to a friend at Holton, a
great distance from his owl residence, which was in
Bethnal-green--and returned home on the evening
of the Gth. On the examinatiin of NI kett, the pro-
secutors declined calling the coachman, in conse-
quence of which- Birkett himself brought him fur-
ward, when he again declatred that be did not believe
Birkett was the person.
Mr. Justice LE 13L ANC t Does Birkett give an ace
cd'aut of himself duri the titlsi of February ?"
Mr. ANnanws+44 No, my Lord, be does not."
Lord ELLEhinomouGu-6, DJeS he negative the p as
sing of the note ?"
Mr. liannaws--,4 He does: not, my Lord bss; he
states ltis general innocence."

Lori ELLeNnottouou—“ If such lin eppliction
were admitted, every prisoner would hare a right to
claim his liberation.—You cannot take a rule." .

COURT OF COMMON PLEAS, NOVEMBER 6.
*lass v. sot w. ET/LIMING, BAR E.
Mr. Serjeant SHEPHERD in this case move l for
ride to shew cause why the verdict given against
Defendant should not be set aside, and a new trial
granted. The case was tried at the Sittings before
'ft iaity Term, by Sir V. Gibbs. The Learned Ser-
jeant said, be made this motion, tot on the ground
of the verdict being against evidence, but on account
of the weight of the evidence being in favour of the
Defendant. The action was brought to recover the
sum of ‘7O, alledged to have been pad into the
house of Defendant, who is a most :respectable
banker, in the Strand, by an agent lif Plaintiff. The
contrary of which allegation we, contended by Dc.
fendant. It appeared front the statement upon the
part el Plaintiff, that he sent a porter, on the 19th el
September, 1811, to the house of Defendant, with
A. 70, giving him directions to pay it in there on the
account of a gentleman named Hares, to whom
Plaintiff was indebted in that sum. The porter re-
turned to him, and declared that he had discharge 4
his mission. Plaintiff, in consequence, informed Mr.
Hares of the circumstance. Mr. Hares, however,
waited upon him in a few days, and said, that De-
fendant had declared himself perfectly ignorant of
the receipt of any such sum on his• account. Re-
course was then had to the porter, who persisted in
his original statement of having paid in the cash,
and, accompanied by Mr. Hares and Plaintiff, went
to the house of Defendant, where he pointed out
clerk to whom he averred he had delivered the mo-
ney. This clerk closely investigated h s accounts of
the day on which it was stated the sum bad bees
paid to him, but could not find any such entry in th•
name cl Mr. Hares. It was true, lie did 'find an
entry of £7O, but this was on the account of another
person, for which he satisfactorily accounted. The
porter, on his cross examination, could not tell either
the numbers or description of the not6s he said he
had paid in. The Jury, however, which was Com-
mon, found for Vaintiff. The Learned Serjeant
observed, that the mason of the case was certainly
favour of Defendant, as from the correctness wi
which his business was carried on, it was not very
likely that so gross an error could have taken place.
Under all the facts, he hoped the Ccurt would grant
the Rule.
Sir VICKERY GIBBS recollected the case, and cer-
tainly thought the evidence was not satisfactory on
the part of the Plaintiff, and that the reason and
probability of the case was in favour of Defendant.
-,.Rule to skew cause granted:
4 .
scpiT AND ANOTUffs At4StIFSSOIt•SEALE299.
• OP"
This was a motion 'guide by Fr: Serjeant Bar,
ride to thew caulk why the nonsuit entered :_
this Aaiun should not be set aide, and a new trial
granted.'
Tht. case was tried before Sir J. MANSFIELD last
Term, and it was an action•brought to recover from
Defendant an unstamped agreement, which was
alledged to be necessary to enable Plaintiffs. to ob-
tain possession of a valuable property, in which this
Bankrupt was interested. The ground upon which
the Plaintiffs were non-suited, was the invalidity of
an .unstamped agreement. The Learned Serjeant
made his application for the purpose of making the
agreement vatlid;by paying the usual penalty under
the stamp act, which he said he might do,'uptat the
authority of two cases in East's Pleas of the Crown,
24 vol. p. 955, namely, the case of " the king v.
klawkeswood," and "iv The Xing*. Morton."
The Court felt a good deal of difficulty in the case,
' and thought it of sufficient importance to requite
-her ilrgument.--Reds to thew cause granted,