Star.
London, England, 1803-01-17 00:00:00

OLD BAP,E r.

('n Sain• clay eleven prifonei s were tried, nine
••••••.. m conviaed nt felony, viz.
• r; r, wh,wascharged withtherapifair ;
f o: is _:.slay robbery, by forcibly taking fro,
it: it of joki h Thompion, on die 271 h
S.V.:Mher, on the King's higlm ay, t one poun.
of England notes, the property of J. fcp '
Thompion the elder.
loleph 14hompt;',', a boy about 12 years of age
0 ced, that lie was in the trnploy of his uncle, Mt
,mpion, a meichant in Lombard flreet „• that
r-n the eveMng of the 27th of September Nit, he
c•cer five and li', ecl )ck in the evening, he. was
:it to pay two pounds in notes to john blefcltine.
fees ant of his uncle's, who lodged at the Sara-
, en's Head. in Camontile-fir:et ; lie taw him at
door, and jut' as he was delivering the notes,
k tae prif;,IICT cane up, and Matched them out of
: there were one or two other perfons
car the door at the time, but he was politive it
was the prifoner who thatched the notes out of his
hand. Hefeltine immediately caught hold of the
ptifoner—the notes were inflantly dropped, and
the witnefs picked them up : one of the notes was
very much torn. The witnefs told Hefeltine of
the eircumflance, who laid to the prifoner, " I in-
lid upon your mating this note good." The in
loner faid he would do fo, if he, Heleltine, would
come with him to his mallet's ; the witnefs kept
the notes until the next day—Hefeltine and ano-
ther perfon accompanied the prifoner: on the
next day he delivered the notes to Hefeltine. He
/41W no more of the prifoner until the 16th of De-
cember, when he was in cuttody at Bow-flreet; he
inflantly recognized him, and was now politive of
his identity.
The WitnefTes were exynined apart.
John Hefeltine sefethen called in, (worn, and
related as follows:--On the evening of the 27th
September, I was Ambling at the door of the Sa-
racen's Head : it was on a Wednefday—the Sara-
cen's Head is a public-huufe in Camomile.flreet ;
the prifoner, two other men, and a woman came
vp near the door. Soon after, Jofeph l'hompfon,
my mallet's nephew, came to pay me come notes
—when the boy took them out, the prifoner mated
in between us two, and fnatched them out of the
boy's hand—they were taken at one fnatch. I
caught the prifoner by the collar, he inftantly drop-
ped the notes—the boy picked them up, and faid
to me, " John there is one of them almoft tore to
pieces." Of courfe I faid to the prifoner, I infift
upon your making that note good. The prifoner
faid, he would ill would go with him to his mar-
ter—l went with the prifoner, one of the men
came with us. We went down Camomile-greet ;
at the bottom of the ftreet I met Benjamin Mayo,
he afked me where I was going ? I told him with
this man (meaning the prifoner) to his mailer's to
get a note reftified, which he tore out of my maf.
ter's nephew's hand. Mayo laid he would go
with us and fee me righted. The prifoner took
us into la narrow alley called Skill-alley, acrofs
Houndfditch ; we could not walk abreaft in it—
the prifoner went firft, I followed, Mayo followed
me, and the prifonet's companion walked laft. 'A
little way up the alley there was a turning to the
right hand, at the fecond door beyond that the
prifoner knocked two or three times ; as foils) as
he had knocked, he turned fuddenly round, and
drew out a knife, or tome (harp cutting inftro-
ment, apparently out of the fleeve of his coat—l
immediately turned to Benjamin Mayo, and faid,
4. there is a knife."—l dropped a little back, on
which the prifoner advanced, and firtick the knife
through Mayo's cheek, into his mouth, flying at
the time, " There you bloody —, that's my
Mailer !" The ptifoner's companion then knocked
me down with a flick, or the butt end of a bayonet.
I could not tell which, and beat me with both his
hands very much. While I was down Mayo and
the prifoner had a fcuffte together ; the prifonees
companion, in tanning to aflift him, jumped over
me. I then endeavoured to get up, when, jut" as
I was riling on my hands and knees, the prifoner
flept afide, and nabbed me on the left fide of the
back, on which I fell down again, and the ptifo-
ter and his companion made their efcape. The
coat and waiftcoat and Chia I had on then, 'Piave
kept der fince, they are all cut through, and the
thin is all over blood; they are now in Court."
The clothes were then produced, '[hewn to the
Court and Jury, and appeared to be ilia as the
witnefs had defcribed.
Benjamin Mayo was then called, and his tali-
mony fully corroborated the account given by the
laft witnefs : lie added, that in confequence of the
wound which ht received in his cheek he was con-
fined more than fix weeks ; they never law the
prifoner till about the middle of 'aft month, when
he was in cuftody at Bow-greet.
The prifoner being called upon for his defence,
faid, " I know no more of it than the child un-
born." No witneffes appeared in his behalf.
The RECIIRDER then entered upcn his charge to
the Jut y. As to the capital pat t of the charge,
that of the highway robber v. be obfervcd, that it
was by no means fuppot Led by the evidence; ftlr
it appeared there was no performl violence ufed,
or auy ftruggle between the partie., it was merely
a snatching, and of that nature !which did not
amount to the offence in queflion : the charge of
lat ceny then alone remained, refpcfling which they
could eafily determine from what they had heard.
The Jury infiantly delivered their verdict—
Guilty of (leafing, but not of taking violently from
the perfon.
The Recoense then addrelTed the prifoner to
the following aka :—!! It is a fortunate thing for
you, prifoner, though poffibly an unfortunate
thing for the public, that you had not flopped the
lad before you took the rotes, or used the requifite
degree of violence, for then it would have been
found a highway robbery, and under the particular
circumflances of your cafe, and confidering the
manner in which you condueled yourfelf, I should
Iv: thought it my duty to reprefent yon as a pro-
per objcft fct fpecdy and exemplary puniflnent,
by an ignominious death at the gallows. But, as
t!.e cafe flood, it was Olt that the benefit of the
law flould be extended to you, and, under your.

convik!'llon, thole laws allow me no power to pnnifl
'7 n beyond what lam about to do and I waft
t to be generally underftood, that whenever A
erfo n , cireumftanced as you were, draws out a
or other °field-we weapon, and ufes it as
.0 have done, I hold it to be my duty to punillt
,ich offender in the moll rigotous manner, even
i;it death, in cafe the law Inould allow it. I la-

•,.nt, prifoner, that it is not in my power (and,

haps, the public may hereafter Puffer by it) to
adjudge you to any severer punishment than that
you be—Tranfported for the term of feven years,
to fuch parts beyond the feat as his Majefty, with
•the advice of his Privy Council, fSall dire& and
appoint."
Notwithßanding tehut had palled, the priconer
had the ciitninal audacity to affi. the Court to
order that a few trilling things, together with his
knife, which had been taken from him by the
Officers, fhould he reltored; on which the RE-
CORDER rebuked his film:idyls effrontery in proper
terms. He told him he was not a fit perfon to be
trufted with a knife ; befides, being a convicted
felon, deprivation of property was a part of his
puniffiment—what property he had now veiled in
the Sheriffs.

DA:, for healing two raver tablelpoons
' and other articles, in the apartments of Hendley
Sufrnan, a Lady refilling in New Lifle-greet.
Sarah Lennox Elated, that about the end of lag
month the prifoner called one evening at her mif-
trefs's lodgings; (he was not at home. He laid
that he fhould wait her return, and the witnefs
(hewed him up (lairs, and left him in the room, in
order to get paper to write a note. She heard him
loon after coming down, and the plate rattle in I
his pocket. She got affillance from the landlord,
and the articles, being two filveetable fpnons, a
filver milk pot, and a watch and feats, were taken
from him. The prifoner laid it was all a joke,
and defired them to let him go. He made no
defence.

The Earl of CaTills and Dr. Blanc appeared to
the prifoner's chara&er, but they could not fpeak
precufelv to it. Lord Cahllis Paid, that he knew the
priioner's parents, who were his tenants, and very
refpe4lable people. Dr. Blanc Paid, that the prifo
ner had been recommended to his notice by the
Noble Earl : and that he confidered him a man of
information and talent : he had been educated as
a furgeon. •
The Jury found him guilty of healing tct the
extent of 395. which does away the capital part of,
the charge.
James Dearing, for healing T s yards of ribbon,
the property of hleffrs. Weil and Spragg ; James
Tyler, for healing three pair of woman's (hoes, the.
property of Lewis Lawrence. He was ordered
to be privately whipped and difcharged ; Hugh
Charles, and Henry Burgefs, for healing a leg of
pork, the property of William Jenkins ; William
Jones, for healing a 11. Bank note, the property
of Jofeph Thompfon ; John Dixon, for healing a
great coat and other articles, the property of Kidd
%%rake ; and Sarah Robinfon, for Sealing a printed I
calico gown, the property of James Burrell.
Muaosa.--yolas Frederick Tire was indiEted for
*faulting John Goldfmith, on the evening of Mon-
day Taft, the loth of January, and with a knife,
felonioufly and wilfully (tabbing hini in the belly,'
thereby giving him a mortal wound, of which he
languiffied till the next day, and then died.
Mr. KNAPP, who opened the profecution, Oat-
ed. that the deceafed was a watch-finifher. On.
the loth of January, the prifoner had reforted to
a public-houfe, in Whitecrofs.areet ; he was then;
in company with feveral perfons ; one laid that
words had been made ufe of by the prifoner, on a
former night, which another denied. A wager of
a guinea was laid, and it was decided in layout
of the perfon who laid the prifoner had ufed the
words ; this excited his indignation ; he laid he
would go for his knife ; he went to his houfe, and
brought a knife; he placed himfelf againft the fire,
and laid, whoever came near him Ihould have it
in him. At this time the deceafed came in, and
was palled againft the prifoner; there was an im
mediate cry that the prifoner had got a knife; they
aid, 4, Poker him;" the deceafed went towards
him with a pair of tongs, when the prifoner
plunged the weapon in his bowels; the unfortu.
nate man died on the day afterwards. The
Learned Counfel obferved, that there was no
ground for imputing malice afore thought to the
prifoner, becaufe the deceafed was unknown to
him : the object of their inquiry would, therefore,
be merely, whether he had been guilty of Man.
Oaughter ?
Mr. Jake ROOTER was of opinion the provaea-
tion was fufficient to prevent the prifoner being
convicted of murder.

Witneffes were then examined, and proved the
faith, as Rated by Mr. KNAPP.
The prifoner was found—Guilty, and fentenced
to be imprifoned in Newgate for one year, and to
pay a fine of one (billing.
And two were acquitted, one of whom was
Levis itirhardt, indieted for uttering a bill
of Exchange for 4501. with an indorfement upon
it forged, he, at the time of uttering fuch bill,
well knowing fuch indorfemeat to be forged.
The Runt Ratement of the cafe was this :—The
prifoner, who had been iuthe army for fome time,
and vac called Capt Richards, went into the King's
Bench prifon for debt, and became what was called
the Chum of a pelfon named M'Connel. A Bill of
Exchange was tranfmitted from New Hamp(hire,
in America, to a Gentleman of the name of M'Con-
nel, in London, direEted John M'Connel, Efq.
Lontion ; the diredtion being In general, the per-
, fon to whom this letter was defignated could not
be found, and therefore the letter was placed in
the proper lepartmcnt at the Poll Office, and the
direttion of it inferted in the lift which is put up
in the yard of the Poll Office, to be claimed in the
ufual form : fome time afterwards, the words
" King's Bench," were written in pencil oppofite
to the direftion fo put up, fignifying that the let•,!
ter belonged to a perfon in the King's Bench pri:,
fan ; accordingly it was given to the pollman who'
delivers the letters there, and it was by him deli-
vered to Jas. M'Connel, Efq. N 0.4, jn 5, King's
Bench prifon. This 11i11 was drawn on the houfe
of Dickcnfon and Co. and it bcink. refentcd to

them for acceptance, they accepted it. Afterwards,
by tome body or other; an indoißment was made
on this bill, purporting to be the indorfement of
the payee. M'Connel applied to the prifoner to
get this bill difcounted tor him, they being very
intimate with each other, having been for leveral
months Chums together in prifon : Richards, the
prifoner, now at the bar, having applied to be dif-
charged under the Infolvent Aft, and having ifuc-
ceeded, Jas. M'Conncl made a fonilar application,
but was remanded. Richards undertook to try to
get the bill difcounted ; he had lonic dealings with
a genticoom in the City, of the name of Hog, and
had owed him the rum of tol. for which Mr. Hog
fuel him ; and the coils amounting to three gui-
neas, Richards agreed to arrange matters, and
gave to Mr. Hog a Bill of Exchange for 131. t 3s.
This bill was not paid when it became due. Some
time afterwards Mr. Hog. met Richards on Snow
Hill, and acculed him of milcondua, in not pay-
ing his bill when it became due ; to which he
anfwered that lie had a bill for 45°1. accepted by a
perfectly refpeetable houfe in the City, and which
had fume time to run, and if Mr. Hog would dif-
count ii, he fhoulcl be paid his bill immediately.
Mr. Hog laid, that if the bill was a good one, he
(hould have no abjection, and defired Richards to
leave the bill with him at his houfe, that he might
inquire whether the bill was a good one or not. j
Richards brought to Mr. Hog the bill, who took
it to the acceptors, where he was told the bill was
perfectly good, and therefore Mr. Hog agreed to
difcount the bill, on condition of having his own
demand paid. He had, however, no more money
on the intlant than 4001. and a fraction, and there-
fore Richards agreed, by way of accommodation
to Mr. Hog, to take that fum, and a bill of his,
payable at a future day, which was done accord-
ingly. Some time after this, the real payee of the
bill, John M'Connel, Efq. who refides near Rea-
ding, in Berkfhire, having received a duplicate
of the bill, caukd inquiry to be made at the
Poll Office, from which the bill was traced, by
means of the above letter, to Jas. M'Connel, No.
4, in 5, King's Bench prifon, and then the forged
indorfement was dircovered ; and on infpeaion it
appeared to be indorfed Jas. M'Connel, although
the real payee was John M'Connel.
There was not the lean connexion whatever be
tween James M'Connel, the prifoner in the King's
Bench, and Mr. John M'Connel, the real payee of
this Bill ; they were not fo much as known to each
other. The angle queflion in this cafe was, whe-
ther Richards, at the time he uttered the Bill, that
is, when he got it difcounted by Mr. Hog, knew
the indorfement upon it to be a forgery or not ?
His defence was, that he had had many dealings
with James M'Contiel while they were in Prilir,
together, and that upon the balance of accounts,
' James M'Connel owed him Sol. That he always
tuiderflood James M'Corinel to be a mats of haze
nrOpertY; he knew that' in his fchednle he had
aated to his creditors an:account of property to
the amount of 4.0,0001. •That lie had fat/, lone
time before this letter arrived with the Bill in tine('
tion, he expeaed a remittance to a conllderabie
amount, and that when it came, he thOug)it every
thing was fair. James M'Connel applied to him
to get the Bill acceptedi which be did; and after
wards applied to have 4 difcounted, which he did
of Mr. Hog, with whom be had had lonic deal.
ings before. That he might have teen that the
indorfement was Jas. M'Connel inaead of John,
who was the real payee, but that it was not won-
derful it efcaped him, fence the fame overfight hap-
pened to Mr. Hog, who Wili a man of bulinefs.
That when he brought the money to James hl'Con-
nel, he paid him 51. on account of his balance, &c.
That he knew nothing of the Bill,further than he
was informed by James M'Connel, and that he
aged in the whole matter merely as James Mac-
Conners agent, &c.
A woman of the name of Sarah Hawkesfwore
that the heard a converfation in the King's Bench
Prifon between Jas. M'Connel and the Prdoner
Richards, to the circa now (fated by Richards,
and Mat the taw J. M'Connel give the bill to
Richards, and afterwards Richards pay M'Connel
the money, arc. but her evidence was liable to
much obfervation, (he lived a long time on a foot-
ing of intimacy with both the Pnioner and James
M'Connel, and was fometimes caUed by the name
of M-Connel, &c.

It appeared alto that there was a long corre-
' fpondence between Richards after he came out of
the King's Bench Ptifon and James M.Connel,
and that they were minutely acquainted with
many of each otherspecuniary concerns, and that
Richards had molt extravagantly mifreprefented to
Mr. Hog, the circurnflatices of James 2.l‘Connel,
laying his fchedule was 40,e001. by which Mr.
Hog thought his effects amounted to that fum, arid
that he had gone into the country leaving the ma.
nagement of his affairs to Agents in London,when
he knew perfcely that he was a Pastier is the
King's Bench Prifon, &c.
The CH I RR BARON Of tile E Kr /4 EVER Obfa Ved
to the Jury, that this was a cafe depending entirely
on circumflances, there being no direa proof either
that the Prifoner law the forgery of this Indorfe-
ment committed, or that he knew it was commit.
ted ; but circumflances, when they were all clear,
and confident, and tending to one concluflon,
were as fatisfaaory as clear politive proof, and
often more In, becanfe they were more difficult to
fabricate than a fhort tale of porative proof. With
regard to circumflantial evidence he took the rule
to be this, that when citcuma•nces were related
by thofe whole teflimony was'not incredible, and
all tended to one rational ciinclufion, without any
mixture of doubt, and that they were abfolutely
inconfiflerq with the innocence of a pet-fon accufed
of a crime, the only fair inferencein Inch a Cafe
was, that the accufed was guilty. But if it ap-
peared that although all the circumflances related
be true, duty were not abfolutelyinconliflent with
the innocence of a Prifoner, but that it was pot.
fible lie flight be innocent, although all circum•
Rances (fated again!' him be true; then, however
'doubtful the cafe might be, the accufed was enti-
tled to the benefit of fetch a doubt, and fo acquit-
ted. So- the Jury would apply this rule to the
,Erefeat cafe. If they thought that, from all cit..
cumflances in proof before thew. it Was parable

for the Prifoner to be ivor4nt of the forgery of
this Indorfement, and that thelfehnocts he
had uttered concerning James M.Connel, were
merely dut of attachrttent to him, to vamp stli
credit, when, if the truth had been-known, it
would have been'difficult for him to obtain any,
why then, whatever cheating 'may havi been in
this cafe, the prifoner was not guilty of the crime
imputed to him, and therefore he would he mi..
tied to his acquittal. On the other hand, if, lions
the cireumlllnccs, the Jury were fatisfied that he
mull haie known the Indorfement to be h Fotgc-
ry, it would be a duty to the Public to And hint
b• His*Lordllsip-fummed up the svhble
evi-
dence to the Jury, and made many fuitable
fervations on the moll material parts, leaving the
quetlion of guilt or innocence entirely to them.
The Jury withdrew, and in lull an hour, re,
turned a verdict of Not Guilty.