Star.
London, England, 1828-12-09 00:00:00

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MIDDLESEX SESSIONS, DEL L
WILES'S MANUSCRIPT.
%hams Forstandig, a German, was hit:lived for
stealing 24 sheets of paper, of the value of sixpence, the
property of Robert Wilks.
The prisoner, af►er pleading Not Guilty to the in-
dictment, claimed the privilege of being tried by a
Jury, partly composed of Foreigners and prrtly of Eng..
ishmen. The Court, however, did not see the necessity
of acceding to the rivulet's reques•.
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Robert Wilks having been sworn, deposed Alt he
resides at b 9, Chancery•lane. On the Si of last De-
cember, there was a bill upon hi. shop window for a
person to undertake some menial employment about hits
premises. Ahout siro'clock on the evening of. that day
the prisoner entered the shop, arid said that he had come
in in consequence of the advertisement on the window,
and in soliciting for the si:uation, he said he was a die- •
tressed author—(Here the prisoner desired the, ss is oes.,
who was proceeding in a low tone of voice, to ape..k
like a mats)—and that his family were in the gleate•t
distress, not having had a loal of bread fist several days.
Witness felt for the prisoner's situation, but did not like
to employ talents in a nsean capacivy ; he therefore gave
him some temporary pecuniary relief, for which he
seemed very grateful.

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The prisoner produced some papers from his pocket,
and said he was at that time engaged in writing some
articles for The Weekly Review, and referred witness to
',Mr. Westley, the bookseller, and to the prinne of the
above work. He still continued to urge witness to give
him some employment, saying that he care) net what
be did, so long as he could procure the means of pro-
girding for his starving family. Witness thus intportnned,
teColiected that he had a manuscript of considerable '
importance raring to the bite Baron Maseres and Dr.
Fellows. He showed it to the pi isorer, and said Il he
could improve the style and language, and arrange the
matter for publication, he would recompence him for
his trouble; and at the same time requested hint to sir
down in the shop, and read a few page., in order
that he might be able, previous to any regular engage.
went, to give an opinion on the Work. The prisoner
replied, that as witness had been kind enough to furnish
him with a little money, he would be glad to reiire to
some house of refreshment, where he would le surely
look over the manuscript, and bring it back to a ittot-iin
the course of the evening. Witness at first objected to this
proposition, but ultim..tely agreed to it. upon the p ironer
signing a promissory note to return the wink upon de.
wand The prisoner a ei.t away, and returned in hitt an
hour, hot without the manuscript. Witness demanded it
—to which demand the prisoner made no dir• ct reply,
hut said he could arrange the woe Is (which, upon perusal,
he had found to be very valuable) to witness's sati,fac-
lion ; adding at the same time, that he would want some
money to enable him to go on a ith the desired improve-,
ments; witness declined giving any money, as he had
not yet made any engagement with the .prisoner. upon
which the latter left the shop; on the nest day the pri-
soner called again, and ?anted to give up the MS. if
witness would give him a guinea ; witness was asion.shed
at this extraordinary demand, and retu•ed to comply
with it; prisoner got into a paision, became excessively
abusive, and quitted the 'shop, and witness did not see
him again until he was taken into custody.
Cuaiastan—Do you mean positively to swear that
you never made any engagement with the prisoner re-
!rive to the wink in question? Witness-id most.
solemnly declare I never did. • •
Ti.e prisoner proceeded to cross-eismine the witness.
Prisoner—Hoar long have you known me? Wit-
ness—l never. saw yon till the Si of December last.
Prisoner-0 , indeed ! I low often have you seen me
'since ? Witness—But once, until you were in custody.
Prisoner—What answer did you get !tom the per.
stists to whom I referred you? •Wetness—Those per-
sons said they did not know you. •
. Pi ironer—Then how came )uu to trust me with' the
MS. a'ter receiving such an answir?
Witness—You had the work before I had made any
inquiries respecting you. I never .intended that you
should have taken it away from my shop. Prisoner.--.-
Oh, you are a very fine (elicits ! Pray how do you pay
your servants?
CHAIRMAN—That is of no importance to your case.
Prisoner-0, but it is of importance, Sir, for 1 hive.
ascertained that he never pays ins set vanes, ai.d that it
was his intention never to pay on.

The CHAIRMAN was of opinion that line of Cross•
esam natiGn could not benefit.the prisoner:. •
Falconer— Well, Oleo, pass horn that. I should
like very much to see that promissery ni,te which
,the
pr• secn.or has said I signed. Can it he product
Wailes+. It is lost, but 1 pranced it sit Bose -sttiet.
Prisosies —Well, I hope the Jury will require some-
thing more than your mere statement belote they con.
vict me.
CHAIRMAN—You have not yet given up the ma-
'masa ipt ? . •
' Prisoner—Nn; nor have I any intention of doing
so, for Mr. Was owes me
Mr. PRINDRROAST, although not engaged. suggested
to the Court, that it the prisoner did not obta.n the
property of the prosecutor with a felonious intent, ti.e
indictment could not be sustained. Id the case of .
fire, where a woman
swas entrusted with some ;roped),
past of which she disposed ol for her own benefit, flit
Court heist that as.there was no illicit to tteAti a cap
urinal action could not be m intained, and titer' the
patties aggrieved coulat.only proceed by an action or
trowel..
The CHAIRMAN agreed with.the Leatned Counsel in
his view of the law.
A shi.pman of Mr. Wilke s corroborated bis RM.
ter 's evidence ; but in reply to a question from the
Chairman, admitted that Mr. Wilk: said 1 e sould
satisfy the prisoner for his trouble; he aloe admitted
that the prisoner had been at Mr. Wilk's shop metier
than twice. He (witness) had seen the psitoner tour
or five times since the 3d of December.
The CHAIRMAN said, that the words, 41 I will satisfy
you," looked very lake an employment; and added,
that the note alluded to by the prosecutor, was the best
proof that he had voluntarily parted with his manuscript
to the prisoner.
The last witness, in reply to the li/ripper, der.ied ever
having desired him to detain the wolf; sintil he should
be paid a guinea; nor did he ever assert tfiv Mr. Waits
was not in the habit if paying his servants.v`
The prisoner, in making his defence, addressed the
Jury. He hoped he mould be forgivers for the preli-
minary request made by him. that the Jury should be
composed partly of Foseigners and partly of English-
men. He did not fear of being tried by a Jury of
to-
nest Englishmen. He had lived too long in England
.(nearly 20 years) to doubt their juice anithumanity.
His object in wishing to have foreigners put upon the
Jury, was to convince his countrymen that he had done
nothing that he aced be ashamed of—nothing that
could :effect discredit upon himself. or bring disgrace
upon his country. The prisoner then entered into a
detail of the transaction between himself and the OM
a ecutor, and declared that it had been agreed up° s

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V.

he was to receive a guinea (or merely perusing the
manuscript, and 201. for correcting it. In pursuance
of his engagement, the picisecutor gave him two pamph-
lets relating to the work, one written by Lady Spencer,
and the other by Mt. Cobbett. •
After reading the work, he demanded his fee; but
the prOsecutor refusing t.► comply, he felt himself justi-
fied in detaining the MS. "I constantly (said the pri-
kinei)ivent to the prosecutor's shop and demanded the
guinea, and at Bciw-street I offered to give up the work
upon payment of that sum ; or I agreed t, leave the
mater to the decision of two Gentlemen competent to
judge of the matter; but no, he refused all arrange-
ment, and I was consequently obliged to act as I have
doiie." The prisoner said he had nothing more to urge
in his defence, but would leave his case in the hands of
the Jary, and he knew that from twelve impartial Eng-
lishmen he should receive all he asked or wished for—
justice.
The CHAIRMAN summed up, and gave it as his opi-
nion, that the indictment had not been supported. There
was no proof that the prosecutor's property had been
detained by the prisoner with a felonious intent.
The Jury, after deliberating for a few minutes, re-
turned a verdict d Not tistilty, and the prisoner was
instantly discharged.