Star.
London, England, 1802-08-12 00:00:00

SURREY ASSIZES.

Cui.nroen, AUGUST rt.—George Brown was
itieli4ted for teloniouily atiaulting, &c. Elizabeth
Wyk s.

The profccutrix is a little girl, about twelve
years of age, of a delicate and rather emaciated
appearance : her evidence was given very coned.
edly, as follows :—She went out in the beginning
of July to gather hurts, with two little boys; when
they had filled their haikets, it began to rain ; the
then went towards home, and on her way met
Brown, who :liked her to !land up out of the rain ;
the did and after a few minutes he went a little
way to ice if it had left off raining ; on his return
in a minute or two, he afftiled her and atqed
the indiament charges. After he had perpetrated
the atrocious clime, he offered to give her a half
penny not to tell; the laid fhe would tell, the
woman the lived with how he had 'ferved her.—
He laid if the did he would kill her. In confe-
quence of this threat, and the fear the had that
her mithels would beat her, the kept it fecret till
near a week after.

Sufan Sweatman corroborated the teftimony of
the profecutrix.
Mr. New land, a furgenn, was called in to exa-
mine the girl when the complaint
.was made.—
Upon examination, he WAS not fatisfied that the
prifoner hackcAnpletely effeaed his purpofe.
The Learned Judge, from this evidence, v: as of
opinion, that the Well way would be to acquit
the wit-otter of this charge, and he would take
care that another indiamnt ihould be prefaced
arraintt hint for the alrault;
'Die Jill), under the direftion of the Learned
Judge, Acquitted the ricotta accordingly.
illarsartt /hew was next tried for a burglary in
Bertnottdiey, and found Guilty.
William Grrenbrad, for healing a gelding, the pro-
perty of John and James Beihcl,was found Guilty,
after a thort It Lid.

'thortas, a black, was tried for haling
in the thselhtig-honfe of Peter Malone, funsiry ar-
ticle.) of wearing apparel, his property.
The Jury found a verdia of Guilty of the fim-
ple felony, and the Learned Judge, after a very
revere reprimand, patted fentence of tranfportation
for ftven years on the prifoner.
fifichad IVuod was indiCled for feloninufly
ing a brown bode, the property of PERCIVAL.
EVANa, Efq. Of Cie va:ue of 301. and convicted
upon the cleared evidence.
George Brown wa• again put to the bar, to take
his trial for an atiaolt, with intect to oommit
rape on the body of Elisabeth Wyles. The evi-
dence was precifely the fame as on the former trial.
The Jury found him Guilty.
The Learned Judge, in a moll impreffive fpeech,
espatiate.l on the enormity and atrocity of the
prifuner's offence. He then paired fentence on
him : to be imprifoned for the fpace of two years,
and during that time to be kept to hard labour.

DILL V. BARAFTT AND ANOTHER.

This was an anion for an aff.tislt and Life im-
prilonmcnt.
Mr. Serjeant BEST (fated, that the real defen-
dant upon this record was a Mr. Hiafon; the ::..Ftion
was nominally brought againit the two perfoas
accrued in the record, who were Officers to the
Sheriffs of Surrey. The fans (.1 the cafe were as
I,llow :—A pert;,n of the name of Thomas Gill
had accepted a Bill of Exchange drawn by perfons
of the name of Vivant, Vandercoom and Co. who
were employed by Hiafon the indorfer of that Bill,
to recover it from the acceptor, and the writ w.ts
put into the hands of the defendants. They, by
nriaake, arreited Gill, who was the plaintiff in the
relent anion. If they had correned their mil-
take as foon as it had happened, he Ihould not
have advifed the plaintiff to have brought the pre-
fent anion; but, inflead of that, they had wan-
tonly detained his client in cultody for the (pace
of three days. Mr. Gill, the plaintiff in this caufe,
had been a refpenable merchant, but at the time
he was thus injurioufly arretted, he was, unfortu-
nately, under fome degree of embarraffment,
which made the miltake doubly injurious to him.
He was arrefted on a Friday, and the next day he
wrote to Mellis.Vandercoom and co. attornies in
the caufe, informing them that he was not the
perfon they meant, and rcqueifed that he might
be fet at liberty. They fent to him a very intelli.
gent man, a Mr. Fletcher, who conduned their
bufinefs, and he, initead of ordering his dire& li-
beration, bad the modell) to alk that Mr. Gill
fluid enter an appearance to the anion. This he
molt properly retuied. It was then, with equal
moderation, required that he fhould make an affi-
davit that he was not the perfon. This he alfo
refuted, and, at the fame time, told them he would
appeal to the laws of his country for redrefs.—
Here he could not help making one remark to the
Jury. The anion was brought upon a note of
hand, which, of condi, had to it the hand-writing
of the acceptor, the fuppofed prefent plaintiff---
They could, therefore, have compared the hand-
writing between the note of hand and the letter,
and have Wet ved if there was any tirnilatity. In-
head of being convinced by their diffrmilarity, Mr.
Fletcher affefed to be convinced that they had
takcn the right perfon. The confequence of this
proceeding was, that the prefent plaintiff was de-
tained until the Monday night before he was dif.
charged. The Learned Serjeant fail, that fuch
cafe as this was one molt peculiarly touching the
intereffs of Engliihmen. Perfonal liberty was one
of their deareit rights; and he was fure that an
Englilh Jury would not fuller it to be violated with
impunity. They would put themfelves in the
fame fituation with the plaintiff, who now fought
redrefs at their hands. They would feel what his
fenfaions mutt be, and what they would exiled
from a Jury of their countrymen if they flood in
his fituation, demanding redrefs for Arch an injury.
The meafure of jultice which they would expert
from others, was that which now they onslit to
meafure out to him who claimed fome compenfa-
.•e . • •

him.

Three witneffes were called %el.('
•
cafe as dated by Mr. Serjeatit 11r.sr.
I).teid I-Ittehes fai•l, he skas uu I.r ..•11 arr.:l
qt.! time the affair took place.
the :litetiff's Officer, make caption i -
he came into ci:ito..l!•F at Lcy's Lock •; • ;„,
hne Lc was confined lion.) the it••;.!:••
M•anl.t.; veining. lipon .rots (•;::••••2:•.:1 ;
nied that he knew any thing 4 t!,.: ;
did not know that he went to itel a•L, ..•
Notes or Neoland the bald:lnn:, wIr•• I, • •
ools.d to have feacted. Ilr %ea, .4

itinni.ll, nor ever ani.L.l

proceln.s.
Robert Morris alto prwed , ,
fend.uit. He w,is prAnit when • •

OlTicer, toll i'Ltdier IL,:

who denic,l that he was the •
Fletcher l'aid he v. as the tutu, a:.‘l ;•
mutt keep him, an.l that
..

Ann Vivant, the wife cf the tiv:r.v:r.- p,;i•
laid, that at the till the plaintif v,:is
hu(band was in the King's
came to her on Sunday afternoon, the :!t'•
She told him that Gill they had arreitzd
the Gill who was her bufb.tild's fiiend. She !:
teen him the fame day, previous to her
Fletcher.

Mr. Gattitow, for the defeit.lant, f.iid, that nu.
thing but the zL.II which his I.e. ailed Fliei:d 1.11
:always for his client, could have made him tintr
f ferions an addrcis. He agreed %skit the Lat:.,:a
Serjeanr, that it would have been a teii ns c: !e if
a refue&able merchant, though an titif•romcz
one, had Inen wantonly detained in ciclodv ;
what !moot had they of the tel of t!),,
prefent plaintiff None at all. Mr. Carlow 01:1
reprefented him As a Bill-broker, and not if ill
bat of char:Acts; and that whey. it was a quetti,a
who the acceptor was of the name of Gil,
Sheriff's Officer., irom the known cliata.a,r
the plaintiff, immediately concluded that he na..t
be the man. He then went into an examinici.
of what polFible malice either the Indorfer of
Bill, the Aunt hies, or even the Sheriff's
could have againd the plaint 4; their only of-
jed mull be to get the righ.. 1 homas Gill, and it
,hey took the plaintiff, it could only originate iv.
mittake.

The CHIET BAUM faid, • the relent bufirsei
clearly originated in ; but when a peril
had made a mistake, he was houti,l to redity it as
fpeedily as paible; and it he did not, it oug::
to enhance the damages. The Jury would c.m
Eider whether it was done in this e.l , and app.:.
ti, in the damages as they Ihould believe the fad :3
be.--Verdid for the Mimi if—damages 4os.