Star.
London, England, 1821-08-07 00:00:00

BERKSHIRE ASSIZES.

THURSDAY.—Nothing of more than ordinary inte-
rest occurred, except that, after the conviction of
Wirdhaut, for stealing six pigs, the witness, a
very respectable-looking man, who had purchased
them from the prisoner the morning after they were
stolen, as he was driving them along the road, re-
quested that he might be allowed his expenses, and
that the money which he had paid for them, about
£4, should be returned to him.
Mr. Baron GARROW—I certainly shall not allow a
single farthing, Sir; for your conduct was extremely
reprehensible in purchasing the pigs from a man
whom pm must have suspected could not have come
honestly by them. If, instead of bargaining for the
property, you had detained the prisoner till inquiry
could have been made into the transaction, you would
have -done no more -than'your duty-you would have
ac:ed die part of.a good neighbour and a good mem-
ber of society. But where persons like you are so
ready to huy from strangen, and out of the ordinary
course of lini,iness,• they afford facilities to thieves
and bad characters for the consummation of their
criminal designs, which might never have been com-
menced but for the prospect of turning their wicked-.
ness.to account, as this man did, by your culpable,
perhaps I might say dishonest, dealing with him,.
• As to the money which you paid for the pigs, and
was taken from the prisoney, I shall only say that the
constable, I have no doubt,. will do what is right ou
the subjeCt,
FatnAy.-His Lordship commenced business this
morning at eight o'clock, and about eleven the
nt trial of Ilameak hoax!! and Grorge Gyles,
rrrtasetting flue to the premises of the former, came
on. The indictment consisied of twenty counts,
charging the offence in different ways upon the pri-
soners, as contrary to the statutes of Geo. I. and Geo.
ILL made expressly for the protection of property
against the crime of arson. The act was also charged
as an offence at common law.
Mr. JERVIS detailed the particulars of the case,
cautioning the Jury against receiving their impres-
sions of the guilt of the prisoners from hi; address to
them. The indictment which they had heard was
of considerable length, and might have a little em-
barrassed them, if they had attempted to-keep the
whole of it in their memory; but he wished them to
confine their attenzion to the circumstance of Gyles
having set fire to the premises, and Howell having
instigated aud procured him to do so; their object
being, as charged upon them, to injure and defraud
G. Dawson, Esq. the landlord, and the Phoenix Fire
Office, or one or other of them. It was necessary
for him to state to the Jury, that the farm was let
under lease, for a term of years, to the husband of
the prisoner Howell, which term expired at Michael-
mas last. The lessee, Howell's husband, died some
time ago; but before his death he had given notice
to quit the farm at the expii ation of his term. It
was necessary that he should state this to the Jury,
in order to slim that the possession had, in fact, re-
verted to Major Davison, the landlord, against whom
it was alleged this mischief was intended. Accord-
ingly another tenant was provided, a Mr. Sadler;
but there was a stipulation in the lease, that Howell
should hold the tenements alter the lease was up, to
consume the remaining materials on the farm. The
in-coming tenant, Sadler, took possession of an out-
house, in which he put his carts and waggons, and
that was one of the places burnt; he also occupied
part of the stable; and on the day preceding the
fire, Mrs. Howell had a sale of her stock, preparatory
to her giving up the entire possession to her succes-
sor.' The Phoenix Insurance Company was also made
a party in this prosecution, because she had insured
her stock with that Office for -:1,000; and, as they
undertook to make good, her loss by fire, the destruc-
tion of her property, by her own will, was a fraud
upon the Company. lie then proceeded to relate the,
evidence, which we have given from the mouths of
the witnesses themselves ; and said he would also put
in the voluntary confession of the prisoner Gyles him-
self, at the proper time, if permitted by his Lordship.
The first witness called was 'Vary Butcher, who
stated, in answer to the questions of Counsel, as fol-
lows :—I am the wife of William Butcher, and live
at Arborfield. My husband was carter to Mrs. Howell,
and (ivies was also in her service. The fire took place
ou .1 koutiay evening : 1 du not liehow the day of the

month. About three weeks before it hafpened, G yles,
came to our house, and said, " I have something to
tell you, if you will not tell." I told him I would
not, except its on the savance of death. Ile then
said,'•" Mrs. Howell has offered me £lO to set the
place on fire ; and it is to be done at Midnight, the
night after the sale." I said, " George, for Gon's
sake don't do any such thing;" and he said, " Let
someone else find of it, and not for us to find of it."
He then said, No Mary, I shall do no such thing."
I told him; well, to let Mr. Foster know; and he said
he would, if he knew where he lived. I afterwards
observed, it was well enough to get the money, but
not to do the thing. He came again a night or two
after, and said, " Mary, our old woman is on again
like h—l about the fire ;" I said, " Don't do any such
thing; what a sin it would be to burn the cOrn!" and
he said, " I don't intend." On the Saturday before
the fire he called again for a clean shirt ; said he
going away, but should be that way again in three
weeks, and he Would call on me.
Crass examined by Mr. TAU NTON.—I was tenant to
Mrs. Howell when 'she had the farm. My husband
was carter to Mr. Sadler at the time of the fife. He
had been carter to Mrs. Howell, but she turned him
off about six or seven weeks before Mr. Sadler took
him. Mr. Dawson lives in London, I believe, and
Mr. Foster, his agent, in Yorkshire. I saw Mr. Fos-
ter about the farm on the Friday before the fire ; he
had_ then been a day or two in the country. I said
nothing to him on the business.
By Mr. RIGBY.—I have lived there many years.
I do not know whether Gyles is weak in his intellects.
He is no scholar, and ignorant. He is a joking chap.
William Burred.—l know Gyles. I remember the
fire, on the Saturday, before I went in to breakfast.
I was a labourer in her service. Gyles said to me,
"I am going to have a row." Mrs. ,Howell then
came up and said, " I am credibly informed that he
kGyles) has been stealing the fowls, and conveying
them up to the poor-houses." He replied, " Who-
ever tells you, it is a d—nation lie." After that she
gave him some money, and he went away, about an
hour from the time of first going in.
Cross-examined by Mr. TELFORD.-.-I suppo.e the
money she gave him was his wages, and she turned
him away.
By Mt. Iticny.---Gyles was hard-working and in-
dustrious ; I never knew him guilty of any dishonesty.
William Butcher.—l was carter to Mrs. Howell
before the fire, but then I attended to Mr. Sadler's
horses ; they were on the premises. The barn was
in her poSsession. Mr. Sadler had some cans and a
waggon in the hovel. I was in the stable at eleven
o'clock the night of the tire, when all was quite safe.
My house is a short distance from the premises. After
I had been in bed some time, my wife gave the alarm
of fire; I got up ; the night was dark but for the fire;
I went to the stable to take the horses away ; the
barn Was burning ; a shed joins to the barn and then,
the stable : the e were btu in, and a hovel was burnt
down, but I did not perceive that : it was on fire when
I first got up. We got Mr. S.:dices waggon and
carts out sate. A barley-rick was also burnt, and
the, stables a little at one end.

• George White (admitted King's evidence).—l lived
servant with Mrs. Howell from Michaelmas till this
job happened. On the 14th of February she said to
me, " 'White, I want you to set the place on fire ; I
-paid £6O for the straw when I first came here, and
now they won't give me a farthing for it. I'll do'
.Major Dawson and Mr. Foster as much injury as is
in my power ; I'il burn the place down for them, and
if you will dolt I will give you £10." I answered,
that Would have nothing to do with it. This was
in the passage near the parlour. I then went CO the
•wash-bone, where found Gyles, and he said—
“ What has Mrs. Howell been bidding you £lO for?"
I told -him, and he said he wished she would give
-him £lO to do it. Mrs. 110%711 at another time said,
" White, you may as well do this that I want you,
the £lO will be of service to you." I said, " Not at

all to my like; but I have toll! Gyles what you said
yesterday morning; and he knows all about it." She
asked what he said, and I told her. The sale was on
Monday, February `r6; in the morning of that day
I went into the barn, between seven and eight kAlock,
where I found Gyles lying in the straw. lie said,
" Go and tell the old woman to send me some vic-
tuals and drink, for I have been here all night." I
did so; and she gave me some for him in a woollen
apron, which I took him. She said no more to me
between that time and the fire. On the Wednesday
after, she sent me with £lO to George's father, at
*Choiley. I saw his father and sister, and gave £2 .ss.
to his sister; the rest I took back, and told
Howell I could not find George. She said, " For'
GOD'S sake go and find him!" I did not say how
much I had left, but she gave me £5 more to go to
London and find him. I was to tell him to keep out
of the way, for there was a strong suspicion of his
setting the place on fire. I -could not find him in
London, and I spent the money—part since I have
been in prison. I was taken on the 1 Ith of March,
on Tower-hill.
This witness underwent a long and severe cross-
examination by Mr. TA I;NTo, and afterwards by the
JUDGE, in which i.e prevaricated. Sometimes he
'stood mute for several minutes, and denied most po-
sitively several things which he had sworn to before
the Magistrate who committed him. lie declared,
that Mrs. Howell's proposals to him were not made
in a whisker, or inwardly, but out loudly, as though
there was not the slightest harm in setting the place
on fire, or any fear-of being heard by any one.
Elizabeth Gyles, sister to the prisoner; William
Gyles, the brother ; and William Windcate were then
examined. Their evidence went to shew the anxiety
of the female prisoner to get Gyles • out of the coun-
try; she followed him to Landon, and advanced se-
veral sums of money for this purpose. In the course
of these proceedings she seemed to have contented
herself with the reflection that she did " not do the
deed," though she feared the consequences of guilt.
Gyles's confession was •then read, in those parts
only which criminated himself. It stated, that he
struck fire with a flint and steel, lighted a match,
and set fire to some straw in the barn, and after-.
wards walked off.
Mr. TAUNTON, for the defence, took several objec-
tions, but they were overruled.
The JUDGE then proceeded to charge the Jury
with great impartiality, strongly urging every point
that he could in favour of the prisoners.
The Jury consulted for about an hour in the box ;
they then retired, and in little more than half; an hour

they returned with a verdict of Guilty against both
the prisoners ; but recommended Mrs. nom ell to
mercy, on account of die excellent character which
she had received.
His Lordship said he should have great pleasure in
carrying their recommendation to the throne.
Major Dawson rose to intercede with the Court on
behalf of Gyles. He begged most earnestly to re-
commend the unfortunate young man to mercy. He
seemed to be a poor ignorant wretch, who had pro-
bably been led into the crime by the artifices of
others, without being fully aware of the dreadful
punishment which it probably might bring upon him.
He implored his Lordship to make such representa-
tions of his case as might call forth the Royal cle-
mency in his favour. He urged this more especially
in consideration of his very respectable relatives, who
had appeared in Court on this unhappy occasion,
whose feelings he trusted would be spared the aggra-
vation of beholding their brother suffer the death of
a malefactor.
Mr. Baron GARROW could hardly express how
much he was gratified by the eloquent addreis to
which they had just listened, from a Gentleman who
was known to, him in very early life, but who had
since been almost out of his recollection. At the age
of eight years they were schoolfellows together ; and
to find that at this time of life they should meet as
they then met, could not fail to make a strong im-
pression on his feelings. The motives and the recom-
mendation had his full concurrence • and he would
not disappoint the hopes of his valued friend.