Star.
London, England, 1803-02-19 00:00:00

oLn nmr.Er.

Veaerday twelve prifoners were tried at the Old
Dane;, one of whom was capitally conviaA, viz.
Fer It .-e Go:v./and, late a Cttai ier Matter in the
fith Light Dragoons, on a capital ch.tr,•e of ileal.
ing in the dwelling-hoole of
.1,1:11 :411..7ru in, at the
Northumberland Coffee-1)011f,, ut:al;vg.erofs, a
number of Bank notes, the proo:tty of Oiiw_r
Dowlin.—The profcctitor is a Gentleman in the
airily, who, with many fit hers, lodged at the hoide
in queftion. On the 3d day of September Tall, he
came to there, br ;nging with him
hi -nrt-
manteau, in which were Bank notes, being r. re-
mains of a 2001. note he had exchanged at the
Bank of Meals. Crickett, Round, and Co. at Col-
chellcr, in the follov..ing manner:
One L.2,:',...4.3311k Port 4.20
Two to—Bank Nutcs - 23
One IS—Bank Polt Lill - - so
Ten s—Bank Notes - - to
Ten tc.--Notes of Crickett & Co. too

After receiving them, he rolled them in fepa-
rate parcels, keeping the Banker's (hop notes, the
51 notes, and the two serf. Bal.k notes, and the
Bank poll bill, all in leparate parcels, and making
no life of any but the Banker's (hop notes and the
51. notes.
On the r zth day of September, Mr. Dowlin went
to his portmanteau, and took out from his book a
51. note for his pocket, leaving all the parcels,
particularly that containing the 21. and mi. Bank
notes, and the Bank poll bill wrapped in a paper
as lie had left them. He then raade his portman-
teau fait, by running the chain through, and rut-
ting the lock nn : he left it in his room as 'dual, !
' and on the following Sunday, the i9th of Septem- j
ber, on examining it again, he {nand that the'
chain was only half through, and the lo:k on the
hafp, in place of being locked at the end of the
chain ; this naturally alarmed him, and he, on
' opening it, found that all 1-is notes were removed,
and the paper they were wrapt in only left behind.
He made a complaint that he had loft t tol. in
notes out of his portmanteau ; but although every
proper flep was taken ,o decal the thiefor thieves,no
trace could 6e got of them or the notes until they
were fent in to the Bank. The profectitor, having,
in the mean time,•got a lift of the marks, dates,
and fume, and given notice at the Bank, from
thence they were traced to the polliflion and ut-
tering of the prifoner, for whom, on this difcovery,
a reward was offered,hc having previoufly ahfcond
ed. He was taken in Scotland, and committed to
the Tolbooth of Edinburgh, where he remained a
confiderable time, until legal opinions were taken
as to his removal to Newgate. Three notes only
were traced to his uttering, which were as follow :
To Mr. Galley, a Linen-draptr, a Bank Poft Bill,
No. Y. 444, 19th of September, tBno, for - Lao
To Mr. itaverthill, alf• a Linen-draper, a Bank Note,
No. 9027, aSth Normnbcr, 1719, fur - - so
To Mr. Carter, a Publican, one other Bank Note, No.
4279, 14th of May, 18.4;1, for - 5
James Sherwin, the matter of the Cumberland
Coffee-houfe, Paid, the prifoner had lived in his
houfe, in an adjoining apartment to that of the
profecutor's. lie kept ten beds ; and at the time
the property was taken they were all occupied.—
The hair-dreffer and the chamber-maid were the
only perfons that had accefs to the profecutor's
apartment. He knew nothing of the property left
in the room on the itth o: January ; if he had, he
fhould have taken care of it.

Mr. G.4lley, a linen-draper in Alderfgate-Rreet,
Rated, that the prifoner came to his houle, and
bought fix pair of ilockings, for which he gave a
01. Bank bill. The witnefs gave the prifoner the
change, and immediately fent the note to the Bank,
to afcertain if it was a good one. In the evening
the prifoner came for the goods he had purchafed,
and indorfed the note.

Charles Raynion laid, the prifoner bought goods
at his fhop, and paid for them with au fol. note
upon the Bank of England, which he immediately
fent to his banker's

Charles Carter, a publican in Windmill.flreet,
Finibury-fquare, Paid the prifuner formerly lived
at his houfe. In November jail, he left his lodg.
ings; he came and paid him force money that was
owing for the apartment he had occupied, and
prefented a sl. note. The witnef gave him the
change, and he went about his bulinefs. The wit-
nefs put the prifoner's name down, with the day
of the month on which he received the money.
_

Edward Dunningham, Clerk to the houfe of
Mars. Wilton and Co. Bankers, Colcheller, on
the sth of July, received sool. from a young man,
who came from the profecutor, Mr. Dowlin, for
change. The notes were--ten of 51. one of which
was No. 4279; one of tol. No. 8027, figned Dow-
lin ; ten of fol. and one of aol. with a Bank Poll
Bill, for tol. No. 444., dated tsgth September.—
The whole of which notes made up the change.
James Lucit, a Clerk in the Bank, produced the
three•notes in quellion taken from the library, the
numbers and indorfemert, of which era fly agreed
with thole already flitted. The profecutor, on his
crofs-examination, laid, that he had not parted
with any of the mites Mice he had received them
at Colcheller. lie examined the Bank poll bill,
and was lure it was the fame he had depofited in
his portmanteau.
Carter, the publican, examined the sl. Bill, and
was lure it was the fame the pi f anr gave him in
payment for his lodgings.
Mr. Km•rr, for the partner, in his erofs-exa-
mination, endeavoured to imprefs en the Jurq,
that as there were no lefs than ten bed rooms in
this houfe, to each of which the chambermaid and
hair drefer had continual aced's, as alto might
other perfons, it might be prefumed the charge
onght not to be alledgcd againft the prifoner only.
On this point Mr. Sherwin, the landiord of the
houfe, was examined at great length.
Sir ALAN CHAAIIRL, who tried the prifoner,
having Aced him what he had to fay in his de. !
fence, he addreired a few words to the Court. the
purport of %%hid, was, that he iii.! ftrred as Qz3r-
ter M tiler ill the 16:h LiKht Drag,). n., ter 14
years ; that lie wits in the fiatiit a
many notes through his It.r:Js in ;ha; mo.
Ain't, and flecpicittly gave call* or Lutes ; 1-,tt
Jitl not attempt to bring any rr:: n tr,rn
whom lie had taken the avte.. or to Ills

He fort!::n- addeJ, that he was apprehended and
confined in Scntlar.d fa- near three months, du' g
time he had made frequent application to
he put on his trial. He aifo ohlerved, that it v.uis

Mr. I-I .1(E.::V ERSKINE Who at length got his appii-
cati.,Tl attended to.

Alter tile Learned Judge had fummed up the
eviAnce, the jury found a verdia (.IGuilty ; but
recommended him to mercy, confideriog it might
be l firft cEnce.—The Judge made no reply.
The prifoner is a well-locking man, rather cor-
pulent.
Si- woe convieted nffelonF, viz.

.7atn!: Nowlrr.7l and
.77/.wt Pri,e, fir feint-1;0:4:r
nlfault;ng, cuttio,,4, and maimin,; It..)l.;ert
on the z7th of January latt, on the road near
Irarmincrt.mith.

Mr. CONS r opened the cafe, be informing Ott
Jury this cafe was one of the mod atrocious and
barbarous in its nature that ever came before A
Court of Jullice. What he had to relate would
make them (budder at the hearing of it. But tirft,
lie thought it neceirary to inform the Jury, that
the offence with which the prifoners flood charged
was made felony by an Aa paired in the icign of
King Charles 11. This Mt recites three things
as necetrary to conflittite the crime againil which
it was paired, viz. malice aforethought, lying in
wait, and maiming. 'l;he Learned Couniel then
oblerved, that this was a cale iimilar to that of
murder. If the circumaances and context thew
the dclign, although not exa9ly brought home to
them, they certainly were guilty to the full extent
of the law. On the 27th of January 411, as the
boy was driving the Chifwick err and cart through
liammertinith a box, was Cut away from behind
the cart.

Another boy belonging to the fame mailer raw
theft men, the prifim-rs at tb, bar, along with
another man, having a box w ith them, in Bia.:k
Lion Lint ; he (poke to the men, but not be:rg tit-
tisfied with their anfwer, as he knew the box, he
went to the White HArt public houfe adjoiniiT to
give the alarm. The profccutor arid Brookek,
headhorough, were in that houfe, and went out in
confegitence. Pigeon, the profectitor, rive, took
Price near the four mile Rone, Hammerfmith ;
Price called out, " Come, d—n your eyes, Jack.
we'll do them." The other prifoner (Newland)
nearly echoed the fame—a firoggle cnfued, in
which the profecutor had the finews of both hands
cut, received one cut in the body, two in the hc.td,
had his took flit, received feveral cuts in the face,
And had a knife thruft into his mouth, which was
twilled round, and broke in his mouth. The men,
however, were fhortly after fecared, another perfon
coming up, and were now the prifoners at the bar.
Robert Pigeon, the profecutor, depofed, that
on the 27th of January lag, he was fervant to a
wine ant; brandy merchant at Hammerfmith. On
that evening he, along with William Brookes, the
conßable of the parifh, and others, went to the
White Hart public houfe. They had not been
long in the public houfe, when the alarm was
given, by a boy of the name of James Abraham
Smith, that a box, cut from his mailer's cart, was
in the polleflion of force thieves in Black Lion.
lane. Brookes, the headhorough, and the reit ran
out. He remained behind for a little, bit thinkit*
it unmanly to continue inadive when his affiitance
might be required in taking the thieves, he went
out. Hearing the boy call out " Stop thief," he
afked him which way they had gone ? and was in-
fwered, that they had taken the road to Hammer.
fmith. He purfued them in that dire(tion, and
came up with a man on the road about the four
mile llone. The man, who turned out to be the
prilbrier Price, upon his coming towards him, laid
"Sir, why do you joule rite'?" He replied," Friend,
I do not joule yon, but I ftrongly fufped that you
are one of the thieves." Brookes then came up
and feixed the prifoner, commanding the profecu.
tor to alTift him in the King's name. Price then
called out, " D—n you, Jack, come here I" Now.
land, whom they bad not feen before, he having,
as was fuppofed, concealed himfelf in an adjoining
ditch, now leaped from the foot path, and having
affilled Price in throwing Brookes down, mimed
to the profecutor, laying, " D—n your bloody
eyes; we will do you both ;" at the fame time hit-
ting him a blow with his fill. The witnefs, upon
being thu s' affiliated, Bruck the prifoner in the face,
and laid hold of him by the collar, with intention
to drag him to Hammerfmith. The prifoner then
',Ave him a very fevers cut over the back of the
fingers of the right hand, Paying " D-8 yoo, if
you don't let me go, I'll cut your bloody head of."
He upon this caught the prifoner's collar in his
left hand, end aimed a blow at him with his right,
but found that he could not clench his fig. New-
land, in the mean time, cut him in feveral places
with the knife. He received one dreadful wound
on the left temple, another on the left fide of his
face, another from; the eye to the nofe, and two,
which were the grounds of the indidntent, epos
the nofe ; one on the point. and the other aunt.
He was all'o cut ver the eye brow, and on feveral
parts of the head. He perceived himfelf growing
we ik, in confeepience of the lots of blood, from
theft repeated wounds, and flruggled tei throw
down the prifoner, which he effeded, at the lame
time calling out murder, in order to procure al.
Gltance. '1 he ptifoner when down, ftruggled def.
perately, and laid again, " Let me go, or elle I'll
cut off your bloody head." He anfwered, that he
would not let him go, for that he was Pure he was
the thief who Role The box, and wanted to murder
him, in order to efcape ; upon which the prifoner
thruft the knife into his mouth, and nabbed him
feverely. His mouth inftantly filled with blood,
which he was obliged fume times to fwallnw, and
its other times to blow out in calling for of fiance.
A perfon of the name of Haynes pang At that in-
ilant, the priiiiner was fronted.
William Brookes depofed, that he was in the
White Hatt public h.ntte, when the alarm was
given by Abr.illam Smith. lle immediately went
out, t. and tae vri'•rers wtththe box in Black
Lion.lane. lie aikt.t them how thet catne!by that
? y gird that they founait,undlbppofed.
it had been cut from fime cart. Be Roopodblet
114
41,
to examine ::•e whicli faw had heel
pri:i .:':'rig advantage of thiiai..t
cansaanci:, tan L: • TIU: b'.l called 004 0. &bp.

r•--

an,l :hey 1.,,,th viroca them. They camel
• ith Price, whom hr feil.c.l. lie faw Pigeon,
.1 command, d him, in the King's name, to al-
i ; upon uhiit Price cried out, I)—n you,
'ck, come lure." Nowland then lea fed from the
of path, ati.l 11 tying Aided Price in throwing
m dow o, fprung upon Pigeon, and laid.
I)—n you, nit bloody b—r, we'll do lot
u hoth." Pl;ce contrived to get an ty from
m, :Ind he loPowcd, keeping hint in light till he

.ts apprelt.:ll,2cd.
f.ones Ahialiarn Smith laid, he worked with
..e Chifwiek carrier; he was foliowing the cart,
t the r,lll of jaauary, down Black Lion lane,
hen lie law two men with the box that had been
ken from his companion. He was lure the pi.
ne:er N it lard was one of them, and that the box
has is. 1.., polreflion. Immediately aftet wards he
ie .t to public houce, and gave the aht.m.
Grover, uirgeon, Hanunte laid,
ihat on rite 2711) of January hill he was ea:kJ to
the White Hart public home, where he found the
profecutor. He had long and deep cuts on the
right and left hands. The !Mews of the little and
ring lingers of the right hand were cut, fo that
be never can have the ule of thofe fingers. One
of the finews of the left hand was alto cut, but
not completely. There was a cut on the tip and
a tipping gaffs on the bridge r 4 the n3fe. He had
a long and deep cut on the left fide of the face,
another over the left eye, and another :tants the
cheek. There was a deep wound from the tote
parr to the back part of the head, and another
net nfi tht head. The tinder lip was allh leverely
cat ; fuch was the fituation in which he found the
pl,):.e.coutr.
Mr. Ciutrwatin up, Counfel for the pi ;lners,
laid, that the Court would do him the iiiillcc to
fuppore, that it was with infinite reludance lie
undertook the defence of the pi ifoncrs on this occ
fain, yet he humbly submitted to the Court, that
the pill-oilers could not be found guilty, under the
Aa of Char'.-s the Second, which did not hear on
this cafe. The law was the fubjea's With right,
and It: was convinced that the Court would no;
firetch it, in order to make it apply to the prefent
cafe, when, in tenet, it could MA rightly attach to
it. He relied his defence on two points: firit, lie
contended that the wound on the nofe was not
fuel) as could admit of the application of the Art;
and fecondly, there was no lr ing in wait, nor any
malice afore-thought in the preterit instance, which,
by the AR, were effential to conftitute the crime.
In order to dircover the true fpirit of the AR, it
was neceifary to confider the occafion on which it
was made. In the profligate Court of Charles the
Second, Sir John Coventry had laid fomething to
difpleafe that Monarch of facetious memory.—
Some Officers of the Guards, by order of the
King, lay in wait for the Baronet, and con down
the bridge of his nofe from top to bottom. The
attention of the Legiflature was roofed by this
fcandalous tranfattion, and they pafTed this ACI,
making it capita! to cut and maim a perfon in that
manner. This, however, was not a cut down the
ridge of the profecutot's nofe, and, therefore, the
AIR could not apply in this inftance. The Court
overroled this objetlion, (titling, that it had
.been
decided (hat any cut in the note came within the
fpirit of the AR. The Learned Counfel then
continued upon his fecond point, viz. that there
was no lying in wait here, nor malice aforethought,
which were effential to conftitute the crime men-
tioned in the A& He could only colic& four de-
cifions upon this Aft, in all of which malice afore-
thought was confidered as eflential to the crime :
the firfl was that of Lorimer and Wedderburn; in
which the former, having taken a fancy to the
elf rte of a relation of the name of Crifp, endea•
vmired, with the afti fiance of the latter, to murder
him, which intention was happily defeated; but
cite parties were condemned upon this Aft, bccarife
there appeared an intention of three years conti-
nuance, and, therefore, the malice aforethought
and lying in wait were evident : another cafe was
that of the King and Trickner ; in which a fer.
vant, old-erring the delinquent Trickner Realing
turnips in his mailer's field, went tip to him, and
was knocked down by a blow on the nnfe ; Trick-
rer being tried npon this Aa was acquitted, he-
cattle there appeared no evidence of lying in 'Wait
*or malice aforethought. This was a cafe almoft
exaelly familia to the prefent.
Mr. kilt:CC Ls &ask nbferved, the cafe was
fimilar to one where a man had been ohferved
!leafing turnips in a field, the owner of which, on
coming to take him into cullorly, was wounded
by the offender with the initrument he was dig.
giug with. The man was indieled for lying in
wait, with a malicious intention, to affault and
wound the owner, and was acquitted, as the charge
of lying in wait 'could not he proved. In the re-
lent cafe it appeared, the pastier, were running ,
away from the profecutor, and had been guilty of
the offence, to prevent being apprehended for the
felony; which was a fliffiCielle proof they were not
lying in wait. If the Jury were, .:rerefore, of an
opinion, that thi i was she cafe, they could not con-
via th. pi ilnners. If, on the contrary, they could
believe they had Ik-toady Lid in wait, they would
then find them guilty.
The Jury raked, and having confultel together
about the fpace of an hour, returned a verdia,
finding both the priliiners—Not Guilty.
The fame prifirner,, Pike and Nowland, were
indieled for Itealing in the parilh of Fulham, from
the cart of John Francis, on the 27th of Jantkary
iaft,_a box, value nine drillings, the property of
Dickilen and Co.
Robert Pearce, ,avant to the profecutori,proved
the delivery of the box.
fatnes Abraham Smith, the boy before-men-,
tined, t.:id, that he received the box from the
Lift wilivo.s, which was tied upon his matter's cart,
tr be courted to Cirifw:eic. He accompanied the
Cart AS far .&S 1:C:;110gtr,n Pal ice, where lie kit it;
bin ia ACZ:.r, A, lie was walking
riots n 1,l irk I.i, ~.1 1.4. v tare_ ti.:ll with the
box, 07,c of %%Low, • • upon it. Ile gave
s:ie :lair,: at he ,Amine, and, ~lung with
1.7.• •Ikc:, i P,.• • t 0.1,1, I.e 'vas t..isett.
boa, is s icletirii . :, :1.1 the `t being
c:-arty t rorieht il`•• I.rioncn, :h.: Jury
rev: nes! their wet.;

Jobe Batekehr,antacife-locker, for Healing four
pounds of raw coffee from Mr. Lingham's ware-1
hooks in Beet-lane, where fugars and coffee arc
w;oelionfed, tinder the King's locks, till ridd or
exported. Mr., CLtrk, one of the infpeacirs of this
warehouk, dete:ted the pt ironer and another man
coming from the warehoule with the coffee con-
cealed;—and when the prifoner Batchelor was
learched, the other locker made his ekape, and
had not lince been heard of. Mr. Clark laid, great
complaints Lai.; been made of goods under the Ex-
eiie.locker having been pilfered to a great amount.
The prifiiner, in defence, faid, that he had feiz-
ed thi•t coffee out of the warchonfe. A number of
perfons appeared to his charafter, mud of whom
were Excite-lockers.
The Jury, after coufulting for fome time, found
him Guilty.
ishij.,ls Penny, a Catom-houfe watchman, for
flealing ionic china from the King's warehoufes
at the Cu:tom-hook, where he was upon duty.—
John Pa6ins, another watchman, who was privy
I to this rabbet v, gave an iiccount of the prifoner
borrowing his hooked flick, which he tied to ano-
ther, and honked the china from a window, which
china was afterwards found in the pr ifoner's apart-
ments. Bosh there watchmen were young men,
not above 3o years of age.
:fames Simmons, for healing two cotton gowns
and other articles, the property of R. Coliingdon.
games Carne :;., for healing fixfirjoills, the pover-
ty of Thomas Barnes.
And five wee.: acquitted, viz. G. Smith, IV. Leach,
7. Sibley, 7. Bro;ts, and Hswood.