Star.
London, England, 1827-04-23 00:00:00

HILL. O. REARDOI4

His LORDSHIP said that he bad finally made up his
'Mod pt► this case, which hmi been as difficult a one to
deal with as had* ever come before him. His opinion
was, that the bill must be dismissed. He continued to
think that this Courthad the jurisdiction toettach equi-
' ties on the award of the Commissioners for the two
catintries, England and France, in some cases; but this
was not a case, upon the state of the present record, in
which the plaintiff had an equity to be attached,and
therefore the order now to be made dismissed the bill,
bet without costs. Whether the- CrOwn had any right
further to interfere, his Lordship would not deal with,
as that question was not before him. He thought ap-
plication ought to be made for the money to be taken
out of Court upon notice being given.
LUNACY AND BANKRUPTCY CAM.
His LORDSHIP sigeified hi. intention of sitting on
' Marley morning to dispose of the matters before him
in lunacy and bankruptcy to the extent to which he
could go.
The SISCRETARy inquired whether his Lordship would
take the b.nkruptcies or the lunacies fit st ?
The LORD CHANCELLOR said it was quite :smatter
. of indifference to him ; they were both unpleasant jobs,
so-hedid not care a farthing which he tackled to first.
His Lotdship then ros-.

•
'4IuSSIZE. INTELLIGEKL.
•
• roLoucEstErt.
Awns Clarke,Nged 42, litai indicted for arson, at
: idainef.gampton, lm the 14th of govember.
Ur. Jorricie—The offence with which: the prisoner
stands chat is justly regarded by the law as a most
•s• 4dbeittelts e once, mid "piopisrtioned to the enormity is
,sls4 Jonnalty attsched .to ft You will,' thesefuse, give
.yotsc,enost anxious stientialt to the evidence,.whiall is
cassessaissial,.. each circumstance of itself innotr of;
buff isrlikitkonnected,•you ate to judge wlitherthey kolas
sift a if+ itjkas rat bring the guilt husnettO else. pri-
. . • .1144,.pposecutor (Mt. William Foreshow) is a
. farilaistintAlaisey Hampton; twenty • yards from ilte•
dovillorisiose stood the outhouse whib has been

burnt; close to this

site, about a quarter,
house, an 4 a man
many lairs ill of
bed, but sits up all

At cue o'clock on

vember, the prisoner
lk his pipe, and went
one, Mr. Foreshew v .ry a _
'the outhouse in flames. He got up, anktiitli the help
clime of his neighbours put out the fire. •He then
looked so see if he could discover any track of. feet,
as there is DO path that leads near the outhouse. At
some distance he discovered the track of feet, going first
in a different way, but gradually turning towards the
prisoner's house, when they were lest. The prisoner had
a week before nude some application to the parish,
*kith was not immediately granted, and he had gone
away uttering threats of revenge. A wrek afterwards
Mrs. Foreshew picked up a little parcel in her garden;
Go opening it, she found a paper which was construed
to be a threat 4, that unless wages were 9 . a week all
the parish should be set on fire. This is but a warning
.;--the next shall be—T.F." Several other initials follow,
'&l of which correspond with the first lame of the
names of several farmers in the village. Itutheen, the
police officer, who was in the neighbonihood, went to
the prisoner's house, 'lad found part of a sheet of pa-
per ; it will be for you to say whether the two pieces
do of do not correspond. There are other cilmostances,
which will be detailed by the witnesses. •
William Foreshew—There was an elitism*. in my
rick-yard, in which' I kept hurdles and inlet things ; the
roof was of timber.. stubble, and thatch.' There is a
hayrick within two yards of the outhouse: the thatch
of the rick and of the roof are noes yard apart. There
ars thirteen richs.in the yard. The prisoner's cottage
ii nearly two, furlongs of, directly opposite the out-
house. Greenwood's towage is about 70 yards from
:the outhouse. There is no public way to the outhouse,
'and no fire is kept there. At about half-past °fleas the;
morning of Tuesday, the ..I4th of November. I was'
roused up, and frOta my window 1 saw the outhouse
burning very furiously. I got up, ante with the assist-
ance of my neighbours put out the fire. The outhouse
was burnt down, but the fire did not communicate to
the ricks. About five in the morning, when the fire:
was otit, I looked round, and observed footsteps by the
bottom of the field neit the outhouse. Only one per-
son has a right to go along that field, and that is foe
milking for Mr. Tovey. I tracked the footsteps nearly
two furlongs. They were first in a contrary direction
to the prisoner's house, bat after some time they took
an inclination towards it, and then I lost them. The'
prisoner was not assisting to put out the fire.
Cross-examined by Mr. WaxsosteraThere may be 10
houses or more besides 'the prisoner's in that direction.
From the fire to the first friptstep was about half a fur-
long. I know John Truman. There law house pro.
vided by the parish for him to sleep in. I hilve known
him to be out of his mind. I have 'een him with a pipe,
I told him he should rot sleep in my premises'. I Might
have said to him I was afraid he would dpi milchiet
with his pipe. I did not see Truman before the fire.;---
' had been to F.irford fair all the Monday. and return-
_

ed at nine at night. I saw Truman after the fire, and
before day-light. M .oy of the villagers were at the fair.
Re-examined—The outhouse is about 100 yards from
the road. There is no path, and to go to it people must
go upon trespass.
Robert Greenwood—l have an asthma '• I seldom go
to bed at night, but sit up in a chair. The fire was
about one hundred yards from my house. No one at
all had been at my cottage that night, excepting a man
who came to light-his pipe ; that man was the prisoner ;
Ilse came a little past one o'clock ; he said he had come
from the fair; I gave him a light for his pipe; be went
out smoking.
Cross•examined— Many people hive come to me at
nigbotisne to light their pipes; he lit his pipe openly
before me.
Mrs. Mary Foreshew—Ou Tuesday, tbe 21st of No-
vember, as I was walking in my garden, I picked tip a
'paper, folded round a small stone, tied round with
tw ne, and fastened with mortar; the mortar. was dry,
it was dirty and damp. Ruthven, the Agar. opened
it in my husband's presence.
Cross examined—My garden is nest to the public
road.. Truman is ratter foolish ; the parish provides
him with a sleeping place. We have frequently told him
he must not sleep at that place. He is fond of smbking.
and on that account we told him so. In the summer
time he has complained of the heat of the hOuse, tend
slept in many places ; and we told him not to sleep in-
.
our places.
Ruth see, the police-officer—l went down to fairfOrd;
on the 20th of November, and opened the paper.' On
the 21st 1 went to the prisoner's house; no one was at
home; I found pan of a sheet of paper in the house ;
the other paper which was in the packet was of the
same sort of paper. and fitted so as to make a whole sheet.
Mr. Jounce proposed to produce the papers. and
Mr. WATSON objected, that they were not evidence.
The paper found in the garden was not brought home
to the prisoner.
Ruthven's examination mastintsid—Whets I saw the,
prisoner I asked him some questions, and he told me
he had been at Fairford fair on the tfonday; had re-
turned about ten ; but Dawkin could tell the tie. better ;
that he went straight along 'the road up the village,
and called at t"e house of Sob Short (the name Green-
wood goes by), and lit his pipe there, and went straight
home. Souse time afterwards I asked hinprehere be
had left the barrow he had wheeled? he rid be bad
left it in a garden. near a gate (which was Mk of his
way from the fair). and that he then went home, his,
wife get up, and he sat in the chimney-armee and.
smoked his pipe,'and then went to bed.
Thomas Foieshaw, overseer of Maisey Hampton—
The wages in our parish were altered about Michaelmas
from eight shillings to seven shillings a week. On
Sunday, the 6th of November, I attended e parish
meeting. The prisoner applied to have half a year's
relit of his cottage. We told him we.would consider
of it and let him know. He said he wished to know ;
if he did not he would have satisfaction.—he'd be.d—d
to h—l it he did not, if be came to the gallows fey it
After he went away we agreed to pay his rent, and I
sent for him and told him so.

My brother was not present at the
asectsag. lam the biggest farmer in the parish. Mr.
the
,charchwarsiess. was present; he if * farmer I
,the.piisoner was a soldier. and is a petuioner Ots?t mote
than a scoset)fpeople would take offence by the lower-
ing Of,the wages; I did sire the rent to the prisoner,
and he said he was petfeetlr.satisfied.
Mr.:11411:1101—Thi. is um whole of my evidence,
ex,cepaWii Abs tro. pares. .
*. &risk YAUOILUI-4 receiya them as a+

hare suratiled.op they shall be benafa

instaittii‘gardini was in a bad hand,
andAveiting.—“ Wick.9s. or. all the
set oo fife. This is but to give you
matt shall be .at T. F. W. P.R.. M.
T. All to be done in one night except
Directed—', To the farmers of the parish
impton."
Mr. Wass have no objection • if the papers'
going to the Jury. but submit there is no case for them.
Mr. Baron VAUGHAK—There is evidence certainly
of which the Jury must judge. Gentlemen, the offence
with which the prisoner is charged is a most grievous
one, and if brought home to him must be ezpisited
his death. The common law and the statute law, 9th
George L have both made arson a felony, without benefit
of clergy. Yriti will therefore weigh the evidence most'
carefully, and convict only uptin proof, and not upon'
'suspicion, and you must be satisfied that the outhouse
was set on fire wilfully and maliciously. In pursuit of
justice, we must not over-run the scent. Is is not an
unimportant fact that the fire happened the night after
a, fair day, when people are not very nice about a tres-
pass. If the paper belonged to the prisoner, there is no
proof that the writing nn it was in his hand. Some per-
ion might have:come to his house and borrowed part
of a sheet of paper, which would of course 6t in with
the part left. I ought it right us receive it, but it is
most dangerous evidence to act upon, lend you will not
Mkt it weigh upon your minds. The answers given to{
the offitOr are favourable to the piisoner, as they are not
contradictory to what is proved, and persons suspected
ere's° awkwardly situated, when examined by police
officers Who often pot questions to Act contradictions,
that their answers are not to be too severely judged.—
The overseer, Mr. Thomas Fereshew, ought not to have
Inept back until his cross-eiamination what the prisoner
-said when he gave him the sent, that he was perfectly
satisfied. You will also bear in mind Truman's insanity'
And wanderings. It does not appear to me that the
evidence brings the guilt house to the prisoner, and it
is better that you should let ninety-nine escape than
have to doubt on your pillows whether you have not
wronginUyronvicted an innocent man.
The Jury returned a verdict of Sot Guilty.
The,same prisoner, Duties Clarke, was indicted for
having on the same 13th of November,- at Fairford,
stolen two cheeses, the property of Henry Tovey.
Mr. Juarica observed, the prisoner stood before the
Jury as a new man, no more implicated is the last
charge thaa himself any of the Jary,..
Henry Tovey—l live at Fairford, and tap• a cheese-
precs in a shed adjoining my darelling-house.
Sarah Mills—At five o'clock in .the evening of Mon-
day, the 13th of November, there wet* two cheeses in
the press in the shed. I. made them myself. About
eleven in the evening, I heard a noise as though a vat
had dropped. I rose about six the next morning, went
into the shed, and missed one vat and two cheeses.
Nicholas Dawkin—l keep the Bull at Fairford;
saw the prisoner.: at, the fair several times on the 13th ;
the last time was at half-past ten o'clock, on Town
Bridge, about ISO yards from the stile acres the first
field leading to Mr. Tovey's; he had a wheelbarrow
and a sack in it; -I asked him if he had seen either of
the Tovey's? he said he had not, but was going there;
he went towards -the stile; be had on a long dark
smt.ckfrnck. • •

Christopher • Natio 'sew the prisoner at twenty
minutes before &yen, lifting a barrow over the stile; he
went on the road to Mr. Tovey's house. '
Richard Tims—l saw the prisoner a little after 11,
going from Mr.•Tovey's Itoure to Maize,' Hampton;
he was'wheeling a barrow. '
Ruthven, the officer, searched the prisoner's house on
the 21st of November, andfound concealed considerable
quantities of cheese; I put some pieces together, and
they made a whole cheeie; I have kept that cheese
wrapped up under a seal.
Sarah Mills identified the cheese.

Mr. Tovey—My house is about a quarter of a mile
out of the way from Fairford to the prisoner's boat..
The Jury immediately found the prisoner Guilty, and
Mr. Baron Yautaux sentenced him to seven years'
transpot cation.

POLICE INTELLIGENCE.

ris outhouse Pat a hayrick, and opRo• dance, and lifter I
run of a, vile- di, is the .pciso to the Jury. •
!Penrod Gtiettwood.',lol,kett The paper lout
an Artist:oars° that he itlikrai west{ Piffling,
II night, Nees about eighty yerdi peuikh shall...be' 1
r the night of Mendel. 18th of N. warping, TO
,ner peat to Griewerooer hou.e, and R. C. .1. O. ij. T
vent out smoking it. Atherol'hall.past Os. a wick." Pir
rr was roused by a fire, trod discovered of M.isey Hampt