Star.
London, England, 1827-09-07 00:00:00

GLOUCESTER. Sm. S.
Caoorn Sios—Before Mr. Baron V•04111AN.

David Frost was indicted, charged with having fele-
tiously stolen a live goose, the property of Wm. Roach.
Mr. CHICHUTER conducted the prosecution.
Ann Martin stated, that on the evening of the 22d of
August, as she was coming out of her own house, which
is nett to that of William Roach, she saw the prisoner
stepping out of Roach's garden with a goose is his hand;
she immediately gave the alarm, and the prisoner was
shortly after apprehended.
Mr. Biron VAUGHAN...YON are sure it was a live,
goose?—(A laugh).
Witness—Yes, my Lord.
William Roach said, that on the alarm being given,
he ran out, and on going down the lane he got sight of
three men, one of whoom had the goose under his arm;
be subsequently ascertained that that man was the psi.
soner. The goose was the witness's property.
The prisoner in his defence said that he was innocent,
and they must have mistaken a bag of not: for the goose.
Mr. Baron VATJOHANI suppose you know a bag of,
nuts from a goose?
Witness—Yes, my Lord, it was my goose the pri-
soner had.

Mr. Baron VAvonnn—Was the goose alive when
you got it back?
Witness—Yes, my Lord.
_ _

The Jury found the prisoner Guilty, and his Lord-
ship, saying he was willing to try what effect a lenient
punishment would have, as this was his first offence,
sentenced him to one month's imprisonment.
John Baldwin, aged 12 years, was indicted under
Lord Ellenborough's Act, charged with wilfully stab-
bing James Carpenter, with intent to do him some
bodily harm.
_ _

Mr. Jurrica said, that the present case would dew..
lope a melancholy instance of ungovernable passion at'
an early ape, and having said thus much, he should
offer no further observations, but call before the Juryi
the witnesses to this unfortunate transaction, satisfied
that by so doing he should best discharge bis duty to
the public and his own conscience, and that justice
would be administered, tempered with mercy.
_ _

James Carpenter said—l am 15 years of age. On
the 4th of June last, I wa's standing by, looking on at
some of my companions playing at marbles: the pri-
soner was one of thesis. We had previously had no dis-
agreement. One of the marbles rolled out of the way,
and 1 picked it up. and went to play with E lwardi
Gardner w ith it. He won it from me, and the prisoner
wanted to get the marble from him: he chucked it
down, and it rolled into the coach yard. I ran after it,
and picked it up from under a coach, and threw it over
the wall ; that made the prisoner very angry; he kicked
any shins, and knocked me down. When I got up I
went at him, and laid hold of him ; he polled his knife
out of his pocket, and said he would stab me. I held
his arms, and tried to take the knife away from him;
but he slipped his right arm away, and stabbed me Mere
(pointing to his left wide, just under the shoulderblade).'
The prisoner then pulled the knife out, wiped the blood
ofi, and put it in his pocket. I was then takes to the
Infirmary, and remained there a month all but threes
days. lam quite well now.
Mr. CAdtainoros (who appeared for the prisoner)
said, that under all the circumstances of the case, he
should not ask the witness a single question, as he
thought the evidence insufficient to support the indict.'
men t.

Mr. Baron VAUGHAN-4 am quite of Mr. Caning-
ton's opinion.
Mr. JUST/CI said he should have advised his being
indicted for a misdemeanour.

Mr. Alfred Goode said, he was senior pupil to Mr.
Fletcher, who attended at the Infirmai y. The witness
attended the surgical cases there for the last four years
and a half, and remembered Carpenter being brought
in. The wound penetrated between the ribs, and was
externally about an inch wide and two inches in depth..
The witness believed it had penetrated deeper, but he
had not probed further. H believed the lungs had
been touched; he considered that they were impaired,
and thought the boy's life in danger at the time; The
boy must now avoid any violent exercise.
By Mr. Baron VAUGHAN—Any. thing that tends to
increase the circulation of the blood is likely to be in-
jurious to him.
W. Haviland, a schoolmaster in Gloucester, produced
the knife taken from the prisoner—a pocket knife, with
two blades.

By Mr. Baron VAUGUAK—The prisoner has been in
pot ever since.
Mr. CARRINGTON then called Mr. John Pope, the
prisoner's late master, who stated he was a ropemaker,
and that the prisoner had lived with him four years,
and during that time was a very peaceable, humane,
and honest boy.
Mr. Baron VAUGHAN, after recapitulating the evi-
dence to the Jury, said that the prisoner was indicted
under an Act of Parliament which contained some severe
enactments particula, ly aimed at cases of this descrip-
tion, the object of which was, that when any person had
wilfully cut or stabbed any person with intent to do
them any bodily harm, although they failed in that
object, yet, if morally guilty, they should suffer the
same punishment as if they had been guilty of murder.
But the provisions of that Act were governed by the
following proviso, which stated, that if it should appear
on the trial of any person indicted under that Act, that
if, in ease death hadensued, such person would not have
been guilty of murder, then that would not be an
offence within the meaning of the Act. The question,
therefore. was, whether, if death 1 1 ensued, the pri-
soner at the bar would have been guilty of murder?
because, If he would nor, he could not be guilty under]
ton Act r and to that oplultm, nth, most merciful coo-

stroction, he had no doubt the %tiny troutd *hen'
they considered the circumstances of the case, and the
irritation of mind under which the prisoner appeared
to have laboured. It they acted under that imptession,
that in case death had ensued, the prisoner would have
been guilty of manslaughter, then the better course
would have been to have preferred a bill for the mis-
demeanor.

The Jury having found the prisoner Keg Guilty,
Mr. Baron VAUGHAN tbeii-addiessed the prisoner,
rind said, that under the circumstances that had been
proved against him, had the verdict been different, he
should have been under the painful necessity of allowing
the law to take its course, and suffering a boy of such
tender age to be executed. He hoped that this would
be a warning to him for the remainder of his life, at
that he would not let passion get the better of his reason.
For if he had that feeling heart which his master had
described, he must for ever regret the injury he had in-
flicted on that unfortunate boy, which may have ren-
dered him unable to gain his livelihool The prisoner
had already suffered three months' imprisonment, and
the Learned Judge hoped, that during that time he had
bad such opportunities of reflecting on his past conduct
as would'induce him to control his passion in foture.
Mr. Baron VAUGHAN having concluded the trial of
all the prisoners by eleven o'clock this morning, left
Glocester shortly after.

LANCASTER, Serf. S.
CIVIL SIDIB.SWALLOW AGAINST HARRISON.

This was an action for goods sold and delivered.
Mr. Sergeant Cann stated that the plaintiff was a
manufacturer of twist at Oldham, and the defendant
was a merchant at Manchester. They had had several
dealings—the defendant buying and the plaintiff 'selling
twist. Early in the present year, the defendant sug-
gested it would be a good speculation to send twist to
Hamburgh ; and he offered to sell twist at Hamburgh
for the plaintiff on commission. On esis footing a con-
signment was made; and tht twist was sold at Ham-
burgh. The plaintiff then sent the defendant 300 bun-
dles more, to be consigned to Hamburgh ; but the de-
fendant afterwards informed him there was bad news
from Hamburgh; it would not be right to send the
twist these, and he had better takeit back. The plain-
tiff accordingly sent his son, who received 200 bundles,
bat was told that the defendant had disposed of the
other 100 bundles, and was desired to make oat an in-
voice for them at 15J. per lb. and informed that he
should be paid. if he called, in 14 days.
Joseph Swallow, son of the plaintiff, delivered 300
bundles of twist on the 12th March, at the defendant's
warehouse in Manchester ; he went to get them back,
on the 18th of March, and received 200 bundles, the
defendant telling him that he (the defendant) had dis-
posed of the other 100 bundles, and that the plaintiff
must make out an invoice at 15.:. per lb. The plaintiff
made out the invoice, and witness delivered it. The
amount was 311. ss.

Cross-examined by Mr. F. FoLtottt —The defendant
was a twist-buyer, and not a commission agent ; but on
one occasion be dealt with the plaintiff as i commis-
stint agent.
Mr. F. POLLOCK contended that the goods were sent
to the defendant to be sold on commission, and called
John Harrison, who said his brother, the defendant,
was a commission agent ; the plaintiff seat the cotton to
be sold on commission; it was to be sent to Harrill urgh.
The defendant bad, before this transaction. sent 400
bundles to Hatnburgh as commission agent for t
plaintiff. The defendant sold the 100 bundles in M a nelies- ,
ter for a better price than could be gat at Hamburgh.
Witness informed roving SwaHner that they • ere sold,
and rendered him an account, in *ll;ch commission was
charged. The cotton wai sold to Stewatt and Mewson.
They afterwards failed. The defendant never, unless
requested, mentions to the consignor the name of the
pasty to whom he sells.
Cross-examined—Witness stated the failure of Stewart
and Newsom to the plaintiff some time in April. The de-
fendant had no authority to sell the goods in Manchester.
Mr. Sergeant Cstoss repi-d, and
Mr. Baron HOLLOCK said the defendant had exceeded
his authority in selling the goods on commission in
Manchester, and made them his own.—Verdict for the
plaintiff—Damages, SU
CROWN Sws.—Before Aft. halm BATLEY.

James Rayner was indicted for irsi;Whiniioseph Bur.
chell, the overseer of the perish of Ashton, in Maker-
field, with intent to kill or do him some grievous bo-
dilyharm. _ . _

Mr. COURTENAT, for the prosecution, called
Joseph Burchell, who said he was overseer and spe-
cial constable of the towns! ip. On the 2f2d of April
last he was at the house of Henry Byrom, where there
had been a letting of an estate, and saw Lawrence
Harris and the prisoner. He had been getting the exa-
mination of a young woman, to get an order of affilia-
tion against Harris. The prisoner said witness had
made himself d—d busy about it, and was a scamp and
a scoundrel. Witness replied, he had only done his
duty. The prisoner again called him a scamp and a
little scoundrel, kept repeating his abuse, and said, he
would put witness out of his office. Witness told him
it was not in his power, for he was not a lay payer, and
bade him sit down and be peaceable. The prisoner
would not Ott down, on which witness stood up, and a
man named Hatt separated them. The ptisonershortly
afterwards got up and gnashed his teeth at him, and
pushed him. Witness pushed the prisoner in return,
and he fell upon some person's knee. He got up and
made at witness, who caught hold of him by the collar,
and threw him down. Witness then found himself cut
under the left eye, and hurt in the right arm. Witness
called out, 4, I •m killed, he has murdered me," and
swooned away. On coming to, be found himself sit‘
pug on a chair, and some persons washing his eyes.
Witness demanded the instrument he had been stabbed
with. The prisoner said be had given it to Mrs. By-
rom, who would keep it till it was wanted. Witness
has recovered the use of his arm, but the sight of his
eye was completely gone, and the sight of the other
much injured.
Crowexamined by Mr. STA happened after
twelve o'clock at night. There had been a letting of
a farm. Witness was a bidder. The prisoner's aunt
was the going out tenant. There was plenty of ale
and punch during the bidding. He was sober; the pri-
soner pushed him ; be was much stronger than the pri-
soner. He did not know that the prisoner expected him
at the bidding. He did not see the instrument.
William Green, a husbandman, was present. The
prisoner called Burchell a rascal and a scamp; said he
had not used Harris well, and wanted to put him out.
Burchell told him to sit down. Hart separated them ;
Burchell sat down; the altercation continued, and the
prisoner rose, and said he would strike Bluebell ; he said,
•e I'll hit thee, and l'U bare thee put out of thy office,"
They were both standing, Burchell said, " If thou dust

hit me, el ill not law thee," and pushed him oft The '
prisoner pushed again, and pushed Borchelt across the
room. Borchelt caught him by the breast, and threw
him in a cornet of the room by the side of H set. The
prisoner got up, and witness then few a dagger in his
hand in a sheath; he pulled it out of the sheath, and ran
at Burchell, who caught him by the collar and threw
him down. In a moment after Bluebell tried out,
is He has murdered me, he has killed me." Witness
said, when he saw the dagger, I, Hey dear, he has a
dagger; I cant'[ stand that. Witness went up to them
and picked Burchell up, and called in assistance.
Cross.ezamined—The first scot& lasted two or three
minutes. It was after that that witness saw the dagger.
James Hart heard the prisoner and Burchell quarrel-
ling, and thought they were going to fight. Witness
stepped between them. They sat down, but kept on
quarrelling, and again rose, closed, and Borchelt threw
-the prisoner down twice, and said, '" That's the way it's
done," They got up again, and still kept wranAling.
and witness saw something in the prisoner's hand. Ii
looked like a case. After this Borchelt and the prisoner
went at it again, and Burchell'cried out the prisoner
had murdered him. The prisoner alter wards said if he
had not used the dagger he should have been hurt.
Joseph Unsworth produced the dagger.
The prisoner's examination was read. It stated that
be carried the dagger about with him to defend himself
against robbers. He took it out of his pocket to inti-
midate Burchell, and did not intend to use it.
Mr. Butler a surgeon, proved the injury done to the
prosecutor.
Mrs. Byrom, the landlady of the house, received the
dagger from the prisoner, who called out, .6 Byrom,
Byrom." On entering the room she saw Bluebell upon
the prisoner, and whilst he was upon him the prisoner
gave her the dagger. Witness knew the prisoner was
sn the habit of carrying the dagger about him for pro-
tection—he had been once attacked. He was a good
and generous young man, of a very humane dispo-
sition.

The prisoner read a written paper in his defcnce,
stating that he did not intend to use the dagger, but it
fell out of the sheath.

Mr. Justice Batturt looked at the dagger, and said,
the sheath was so loose that the prisoner's statement
was not unlikely. If death had ensued, it would not
have ben murder—it would only have amounted to
manslaughter, and therefore on this indictment the
prisoner must be acquitted. although be might be made
answerable to a different charge.