Star.
London, England, 1828-03-21 00:00:00

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not therefore fall within the meaning of the Act. Its
this instance, also, the prisoner .was not taken before a
Magistrate, but to the constable; they were wrong aga;n
there. If he had heed taken its the act, and taken be, ore
a Magistrate, the person so apprehending him would
have•been acting as a constable, sod as such protected
by the•penalties of the statute. Under the circumstances
of theme, his Lordship therefore was of opinion that
if death had ensued, it would not have been considered
murder, as the custody et the time was not a le-
gal custody.
The Jury having acquitted the prisoner,
Mr. Baron VAUGHAN told him he had had a very nar-
row escape, and he most not expect that such would al.
ways be the case it he continued such practises. If he had
been caught stealing the turnips. and been convicted of
the offence charged, he would have been undoubtedly
left fur execution.
THETFORD ASSIZES, MARCH 19.

John itoriirner Alga,. and John Palmer were indicted
for having uttered, on the I,t of November last, at
Foul. en, in the county of Norfolk, a counterfeit B ink
of England note for 51. t 6 one Wm. Dodd, with intent
to defraud the rover nor and Company of the Bank of
England. The second count alleged the offence to have
been committed with intent to defraud Wm. Dodd.

Mr Sergeant STOW (With whom was Mr. Pavia)
stated the case for the prosecution.
Francis Firth examined—ls a publican of F.ulden.
Knows Palmer. On the Ist of November he came to
his house, and asked if that was Algar's d ,y. Witness
said he had no particular day. Palmer then asked for
a pint of beer. Algar soon after came in. After
having been there a few minutes, Palmer asked Algal
what he owed him. He said 21. ss. 6d. Palmer.then
took a bank note out of his pocket, and gave it to Algal.
Algar said it was a 51. note, and he could not give him
change for it. Palmer said, pethsps the lasidloid can.
Witness said he could not. He asked his vile if she
could give him change, and she said she could not.
William Dodd then came in. and said if he would send
:it to his wife she would change it. The wife of witness
took the note out of Palmer's hand, and gave it to a
boy named Chandler, to take to Dodd's wife. This
was in the presence of the other prisoner: Chandler
took the note, and brought the change back. It con;
sisted of four 11. notes, and twenty shillings in silver.
He left the change on the table beside Palmer, who
took it up, and gave W. 4s. 6d. to Algar.
cfoss-examined by Mr. EAGLE, for Algar—Knew
Alger a year or two before.. Went afterwards with
William Dodd to Alger., to inquire atietit.the note.
Asked him if be knew the man, WhO paid ...Way 111E51
note ? and he said he did not know bit, bnt that Palmer
told him he Was going to Swaffliani fair.
Robert Chandler tate.% that tie teemed the note in
qtrestio.l from M irtha Frith, which he took to Mts.
Dodd, and st,e gave biro e change, which he brought
b..ck, and laid it on the tabie before Palmer, who
took it up.
By the Alma—Had known Algar before this time.
Algal. was present when witness went away to get
change, and when lie returned.
Sarah 11,4 id proved that Robert Chandler brought
her the note in question to change. which 'she put in her
purse, wheie there was no other 51. note; and having
caamined it in the evening, and found that it was not
good, she gave it to her brother, who took it away and
brought it back in the folloamg day. and aeturited it
to witness, who g. ve it to her husband. This was on
Ft iday, and on the Sunday moining tier husband gave
it hack to het again, when witness pat it in her drawer.
and a!terwards gave it to Mr. Johnson. ;Fe it;tolet•
Cross exammed—Cannon sweat that pie note whrth
her ['toiler gave he: back was the same ante ,he gave
him ; she had not mai ked it. Could not swear that the
note which het husband gave her bit:k es as the same
which she Rave him, from any mark of her own.
By the Junott—ls site that the note which blae gave
to her brother is the same that she received from Robert
Chandler.

Matthew Es emit, the h, other of the last witness, stated
Coat he received a 51. &lute Linn the last witness, which
he took to Mr. Skipper, of the Swaffham Bank, who
told him it was a forged one, and Le put it in his pocket
book, and afterwards restored it to Sarah Dodd.—
Swears it was the same note.

Robert Skipper, of the Svrahatn Bank, deposed to the
last witness having brought him a Si.' note, purporting
to be of the Bank of England, which be marked as a
forgery. (S:rown the note.) Has hardlxanydou4 th's is
the note marked by him ; his markestseieral others.
Cross-examined—Supposes it is a forgery because the
B sok of England returns noes executed in the same
maneer. It is so executed that !.er sons in the condition
of life of the prisoner might take it innocently.
- Mr. Johnsen, the gaoler, identified the note as the one
that S..rah Dodd gave hire.
Elizabeth Garner was called, and a pocket-book
having been produced, she stated that site had met Mr.
Walker's Wile son with that pocket-40°k io his hand,
near a holly bA..h ; she tcok the pocket-book out of the
child', hand,-and there was a n'te it it ; she I.soketat
the note, put it into the book again, and took the pocket-
book to the child's father.
William Walker, who lives at Sawaff ha in, stated that
his son brought him a pocket-book„ conta•ning * 51.
noie of the Bank of England, and-that he gave it to
Join Clarke.
John Walker, a child of seven years Ad; Ind' of
remai kably interesting appearance, was next. Or, doted,
hut being questioned both by the Counsel' and the
Court as to his capacity of understanding the nature
and obligati n of an oath, it appeared that. he had
received eo religious instruction whatever, and conse
quently was not examined.
Mr. Baron GAaaow admonished the father to take
be. ter care that so fine a child was nut left to suffer the
lamentable consequences of ignorance ; he understood
there was a good national school in his parish, and
advised him to vend him them.
Mr. Carey, lespecter of the Bank of England
Notes, was -then called, and stated that all the six
notes which the prisoners uttered, as well as that found
by the child in the holly-bush, were forge. ies ; that they
were all impressions from the same plate horn which
that uttered to Wm. Dodd had been struck.
On his cross-examination, he said there are private
marks on Bank of England notes, which are known
only to the officers of the Bank, for the mote certain
discovery of forgeries. And, in answer to a question
by the Learned Judge, he' said that those marks are
not made known even to the hankers to whom the
Bank-of England sends flutes to the amount of hun-
dreds of thousands cfpuunds.
The case for- the ptOsecution being closed, the pri-
sonen-weie asked *hat they had to sayin their defence?
, • 'Palmer said 14CW:hotting to say, but Alger entered
into faing'ind minute detail of his transactions with
' Palmer; and denied 'solemnly that he bad any inter-
course with Palmerizeept in the* way rtf sellinthiar
apples and rabbits, and that he bad taken the 'sate 6t
him in payment for his goods. • :

Mr..l3;run Weeny,— summed op the evidence at
considerable length and with great mspicuiti, and