Star.
London, England, 1821-11-01 00:00:00

OLD BAILEY SESSION&

•
Yesterday Thomas Colby and James Jones were in'
dicted for stealing seven gallons of oil, the property
of William Slark ; and William Warner and William
George Warner, father and son, were indicted for re-
ceiving the same, knowing it to have been stolen.
The prosecutor stated that he was an oil merchant,
residing in Cockspur-street. The prisoner Colby was
in his employment, and Jones had been formerly in
his service. In consequence of an anonymous letter
which he had received, he ordered his premises to
be strictly watched.
Thomas Edmonson said, he was in the service of
the prosecutor, and in September last received parti-
cular directions to watch the conduct of Colby, who
was the porter. Colby generally opened the shop at
a quarter past six every morning. A few days before
the 18th September, when Colby was apprehended,
'in consequence of-an understanding between the pro-
secutor and witness, he had made some particular
remarks. He had measured a can of oil holding
about four gallons, and placed it in a recess in the
warehouse. He observed the oil in the place the day'
before the prisoner's apprehension. 'the can had
been marked by witness, and was the same that he
afterwards saw in the possession of the officers.
Mr. ANDREWS, as Counsel for Colby, cross-era-
mined the witness.—There were two persons ern.'
ployed in the shop besides Colby, a man named Baker,
and a porter absent at that time. Baker absconded
a week after the apprehension of Colby. On the morn-
ing of the 18th Colby was let in by a female servant.,
Witness knew that some officers were to be on the
itratch at six o'clock that morning. When he went
into the shop he saw that the marked can was gone,
and at hv.lf-past eight he saw it in the possession of
the officers. _ _ _

William Shepherd, a Police-officer, proved that he
was employed to watch on the 18th September last
at the prosecutor's house. He was there, in company
with another officer, at a quarter before six. They
saw Colby open the shop at a quarter past six.—
Whilst taking down the shutters he appeared to be
looking towards the Opera-house, and soon after wit-
ness observed him beckon with his finger. Jones then
came up from the Opera-house. Colby went into
the shop, and brought out a can, which he gave to
Jones. The latter received it, and went with it to
the corner of Charles-street, and then turned round
as if to see whether he was observed. He then turned
up a court on the right hand, leading to Coventry-
street, and proceeded forward till he reached Greek-,
street, Soho. Jones then stopped at No. SS, and rang
the bell. Before the door was opened witness passed
by, and observed that Jones had two cans with him.
The door was soon after opened, and Jones went in
with the cans. Witness then, with his companion,
hastened to the door, and before it was completely
shut foice4 it open. Another door in the passage
was shut before witness could reach it. He opened
that door, and asked Jones from whence he had ob-
tained the cans ? He answered, that he had found
them under the Piazza. The prisoner, George War-
ner (the son), was there, and witness asked him who
'that man (Jones) was? He said, "It is old Jones."
—Warner, sen. then came down stairs, and inquired
what was the matter ? The son answered, "It is old
Jones." Warner, jun. had nothing on but a bedgown.
Witness then inquired if Jones lodged in the house?
and Mr. Warner said " No." Both the Warners then
denied all acquaintance with Jones. The whole party
were then taken to Bow-street, leaving the cans of oil
at the next door in Greek-street. Colby was afterwards
apprehended in his master's shop.
Cross-examined by Mr. ANDREWS.—He was first
applied to on this business on Friday,
°the 14th of,
September, and saw Colby, whom he was told was,
the person suspected. It was quite light at a quarter,
before six.

Cross-examined by Mr: Anommt7s, Counsel for the
Warners.—lt was about half-past six when Jones ar-
rived in Greek-street. When witness first entered the
house there was no one present but Warner, jun. and
Jones. The passage was lighted by a window from
the stairs. There was another man came out of a
room nn the ground-floor, and asked what the noise
was all about ? A man who appeared to be a coach-
man also came down stairs, as did also the wife
of Warner, sen.
_

John Clinton, a Police-officer, was in company with
the last witness on the 18th of September, and corro-
borated his statement. He further stated, that the
second cart of oil which Shepherd saw in the hands
of Jones, was left in Greek-street, by itman who im-
mediately departed. Both the Warners denied all
knowledge of Jones. Witness asked the elder Warner
if he had any oil in his house? He replied, " No ;"
and expressed his willingness that his house should
be searched. No oil was found in either of the War-
ner's rooms. Witness then asked the younger War-
ner to shew him his cellar. He took witness into the
yard, and said he had none. Witness said he was not
to be trifled with, and that he would go down stairs.
Witness then went down stairs, and saw three empty
leans in a sort of cellar. Witness then proceeded along
a passage under ground, and observed a door rather
open, and.thought he heard a noise of a latch. He
asked young Warner (who was with him at the time)
if there was any one in the room ? He said, do No."
Witness knocked at the door, and a female voice said
from within, “ We are two lone women, and we are
naked." Witness said, 64 Open the door; I only want
to ask a question. Mr. Warner has told me a story,
and I can't believe him." The door was then opened,
and a female pointed to a cellar which she said was
Mr. Warner's. Young Warner said the door was
locked, but that witness might break the door open-
Mr. Warner Tien came down with theley, and on

opening the door, witness fonnik__two cans of on,
quart measure. and a funnel.' Witness afterward!
learnt that Mr. Warner carried on his business in the
-Adelphi. He went there the same . morning, and
found 400 or 500 gallons of oil. A number of empty
cans were also found, and among them were three
bearing the name If Dare, the name of the predeces-
sor of the prosecutor in his business.
Cross-examined.--He never said that he knew
Colby by his white jacket. When apprehended, he
believed Colby had on a smock frock. He found a
quirt of oil in Colby's possession. When at the house
of Colby, he never desired any one to give hirri any
thing to drink.
John Buchannan was errand boy to a butcher who
lived nest door to Mr. Warner. He knew the pri-
soner Jones, and saw him on the 18th of September.
Before that he had seen him go twice or thrice a
week to Mr. Warner's, And always at an early hour,
generally accompanied by another man. They always
carried cans. He had seen Jones come on a Satur-
day, and receive money from Mi.. Warner, sen. and
sometimes from a female servant of Mr. Warner's.
Cross-examined.--He was not acquainted with
Jones; he only knew him by seeing him bring oil.
He had the appearance of being a lamp-lighter. He
did-not know that Mr. Warner was a master lamp-
lighter. He recollected going to Bow-street, and
saw the female servant of Mr. Warner before he
went. He never said, to her, "I am going to Bow-
street, and I'll be d—d if 1 don't do for your mas-
ter." Nor did he say, 441'11 he d—d if I don't go
and give evidence ; it will be a fine thing for me."—
Nor on his return home from Bow-street did he say
to her or any one else 44 He is found guilty, and I
have done fur him."
Mr. Edmonson (re-called) identified the cans found
in Jones's possession. One of them he knew by
having previously marked it. The oil in them was
spermaceti oil, not used by lamplighters.
Mr. Slark, the prosecutor, identified the oil stolen.
The case for the prosecution having been con-
cluded, the prisoners were called upon for their de •
fence. Colby said he knew nothing of the transac-
tion: Jones said he had found the oil under the
Piazzas, and left it in the possession of Warner to
be owned. The elder Warner was not called upon
for his defence, it being the opinion of the Court that
the evidence was not sufficiently strong to affect him.
The younger Warner put in a written defence. He
accounted for the two cans marked " Dare," being
found in his possession, by stating that Dare had sup-
the Opera-house with oil ; and that Mr. Warner,
his father, now contracted for lighting the House.
Thus the cans came into their possession. Ile had
employed Jones sometimes, but he knew nothing of
this transaction.

Mr. ANDREWS, for Colby, called the prisoner's
mother-in-law, who proved that when .he officer
searched the house, lie asked for something to drink.
Other witnesses gave Colby a good character.
For Jones no witnesses were called.
In behalf of the younger Warner many witnesses
gave him an excellent character, and the following
wire called to rebut the charge against him:
Thomas Warner, brother to the elder prisoner,
stated that he was in the habit of going to his bro-
ther's house in the morning from half-past six to
seven o'clock. He had worked fur him two years, li
and was employed by him in September last. At
times he took a can of oil with him from the Adelphi
to his brother's house.

Mr. SArsum, the landlord of the house in which
the two Warners lodged, said that he never had seen
Jones come to the house with any cans. He had
ft equelitly seen the last witness come to the house,
sometime; with cans.

Sarah Higgs was servant to the elder Warner, and
had been in his service four years and a half. She
never saw Jones at the house, nor had she ever paid
him any money. She had never seen her master pay
him any money. She positively swore that the lad
Buchanan had used the expressions to her which
had been imputed to him.
Cross-examined.—She did not sleep in the house.
The words used by the boy to her were—" I shall
make haste and get my work done, and I shall be
there (at Bow-street), and I shall speak a d—d good
word for your master." This he said at ten o'clock
on the day the examination took place at Bow-street.
At twelve, while she was cleaning her steps, she saw
!him again. He tapped her on the shoulder, and said,
" I have almost done my work, and I shall be there
at one, and I'll do for him." At four o'clock she
saw him again, and he then said, " 'Well, I'm come
home, and he is found guilty; I've done for him."—
She said nothing to the boy in reply, but told him
she would inform her master. She did not tell her
master, but she told her mistress and Mr. Sarsum
what the boy had said.
Mr. Sarsum was again called, and corroborated
her evidence.

John Charr was also spoken to by Buchannan in
the same way. He forced his conversation upon him.
The boy added, that he should get a crown a day
for telling the :wry.
After a long Cumming up, the Jury found Thomas
Colby, James Jones, and William George Warner,
the younger, Guilty. William Warner, the elder,
was acquitted.
The C6hiblON SERJEANT immediately passed sen•
tence on the three convicted, viz.--Colby and Jones
to be transported for seven years, and Warner for
fourteen. With respect to the conduct of the pri-
soners Colby and Jones, his Lordship said they had
been guilty of a most serious crime, for they had
robbed the very person for whom they ought to have
exerted themselves to secure his property, and, he felt
no doubt, had been going on in the same way for a
length of time. With respect to Warner, he observed,
it was not without great pain the Court had to go to
the extremity of the law, for in this instance he must
have known that he was receiving the property from
the hands of a thief, and that thief of no ordinary
magnitude in the practice of plunder. The sentence
he had pronounced must therefore be carried into
effect, or there would be no security for property.—
It would be for those to reflect on the consequences
who had suffered the unfortunate young man to go
on advancing without offering any check to him,
and be trusted would be a warning to those who
heard the sentence pronounced.
Hannah Jones was found guilty of uttering as true
certain pieces of counterfeit coin, purporting to be
the' genuine coin of the realm, knowing them to be
forged. She was seutenced to be imprisoned 12 nr.ptlit.'

HOWARD AN GIBBS'S BANKRUMV.

The Commissioners lield another Meeting on Tots.
day, at one o'clock, at GnildhalL--Several creditor*
proved without any opposition.
Mr. Frederick Walsh presented himself to prove
debt of £426, being the amount of cash troxioktizt
by him to the bankrupts, and sums received by deli
for his use.
Mr. ADAMS objected to this debt, and he did
because in the pass-book between Mr. Wahl* and
bankrupts, there was a balance struck in i
of £7OO and up*ards, in favour of the
There were subsequent entries to the credittt
Walsh, and from these arose the balance now
One of the entries to the credit of Mr. Wtik—rte
the striking of the balance in April, was El2lB,tht
amount of an annuity payable by Lord Foley to mt..
Walsh, the claimant.
Mr. MONTAGUE stated, that in November last, lb
'Walsh purchased for £1,200, an annuity from Lord
Foley, on the undertaking of the bankrupts that
would re-purchase from him, which they did by a
bill at a month, and which bill was duly honoured;
so that this purchase had nothing to do with the pit;
Sent claim, which was for money since lent to 2,*4
for dividends of annuities received by the bankruro
for Mr. Walsh. Mr. Walsh was debited for C1,25,*
the amount of the bill, at one month.

Mr. A DAms—lhen, if it were for the purchased
an annuity, why not give him credit for the mom
of the annuity at the time? 1 wish to be understco4
as not distinctly stating that the annuity was orxiikr.
chased in November, and that the bill was notdrass
for the purchase-money ; but when Mr. Walsh is (6
bited for the amount of the bill, and not credited
the annuity at the same time, 1 think some espial,
tion is necessary. _

Mr. MONTACCE—Then the only question is, vs,
titer the annuity was purchased previously to .2!
bankruptcy, and if so, was the bill drawn for
purchase money ?
Mr. Gibbs and Mr. Walsh were examined,
both deposed to the facts stated by Mr. Montague.
Mr. Commissioner GottusuaN had consider 4
doubts respecting this claim, in consequence of k
balance struck in the pass-book, in April last; but
his brother Commissioners seemed to think the tr
action clear, he did not disagree with them....
debt was then allowed to be proved.
MR. CARROLL'S CLAISL

Mr. MONTAGUE had been in the country since
last had the honour of addressing the Commission
and had turned in his mind this claim of Mr. Carroll':
and had stated the circumstances to many convent
with bankruptcies, all of whom were of opiniootic
Mr. Carroll had a right to prove on the bills Of
change, without reference to any other accounts le
tweets him and the bankrupts, particularly wbes,
the other account, it would appear that a balsam of
£9,000, secured by mortgage, was due to Mr.Cas
toll. If it were not contrary to the practice of de
Commissioners, he should wish tobe again heard.
Mr. Commissioner TRERECK—Mr. Carroll walk
not answer what we thought legal questions, ands
would not in consequence permit him to prove.
he be now ready to answer them we will fix a dayia
hearing him.
Mr. IlloNracon—l don't say that Mr. Cara is
ready to answer them, and I wish tobe again heard
in support of Mr. Carroll's right to prove without*
ference to any other accounts. I think, if I had
a former occasion stated the matter clearly, the Corn.
missioners would not reject the proof tendered.
Mr. Commissioner TREBECK—We have before de
cided that the questions are legal, and we cum
hear any arguments against that decision. Yew
clear upon the point, though we might be amp
Adjourned at three o'clock.

escal
A fine hay mare belonging to Mr. Pearce, on
field, in Sussex, was stolen by two robbers wit
night of Tuesday se'nnight, who, from infcesubs
received, were pursued through Burwash, 11w*
Green, Hawkhurst, and Beneaden, to Stile Blip
Gate, near Coxheath, where they arrived at bat:
seven the next morning, and being hard presseo
of them took shelter in a wood and thereby
without the mare, which was on Friday found
safe custody, at the Bull Inn, at East Farleigh.
companion escaped on another horse they had
supposed to belong to Mr. Beard, of Chailey.

MARRIED.
Oct. 8, at Hanbury, Joseph &dna% aged 18, to Elizi
Coltman, widow, aged 80. The loving couple set aMa
ately to Tutbury Statutis, where they kept their weddinb
spent the evening with the greatest conviviality.

DIED.
Friday, in Weymouth-street, Lady Hamilton, widow di
J. Hamilton, Bart.

Hominem pagina nostra sapit.
Our page relates to man.—Manton.
Just published, price ss. in boards, Tenth Edition,
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the Causes,taryonthe
yticmreplonamss' and arising
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developed ; Part IL contains some remarks on certain kok
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IV. is a Series of Cases illustrative of tits preceding sdio
explaining them in a familiar manner, and the whole &kW
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Since Masers to all the fund of bliss supplies,
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