Star.
London, England, 1817-09-24 00:00:00

OLD BAILET.

Yesterday, . Ih9mit Getterido, So-
Mia Meyers, and iriNry rums, were indicted for ter-
glarimish breakin,i a id entering the dwelling-house
of Tieenas net sealing therein some silver
spoon, 4nd a grett quantity of wearing apparel, his
property.
The preseve or derored, that he teas toat:n• of an
:leadenly at Gerdoteliouse, Kentish-town, eel that at
t!:ree o'clock in the morning of the Lk!' July last,
the house was broken open. •
Elizthtali 13111 was servant to the prosecutor. On
the night of trio l'lth July, she went to bed between
ten and eleven o'clock, and was the last up in the
house. Before she went to bed, she had herself se-
cured all the dents About three o'clock in the
morning of the 13:11 July, she was called by a fellow
servant, by wit =in she was informed• that the home
had ht en r bbed. She got up, Went down stairs,
and liaind ;hat one of the windaws in the lower part
of the house, at the hack of the premises, had been
',Token open. This was the window of what called
the shne-woom. She did not go into it over night.—
It was light when she came down in the morning,
and she missed part of the linen she had had to wash.
The linen had been placed over night in the laundry.
There was a communication from the shoe-room into
the laundry by a passage. Upon examination, about
SO shirts belonging to the boys in the academy were'
found to he missing, some frocks, several pairs of
stockings, some pima-fetes, Lode cloths, sonic sheets,
tone silver spoons, a tea caddy, and mho. articles.
Thomas Smith being re-examiteal, said, that he I
observed no patticular marks of violence on the shoe-
room window, but the sash was down. He did not I
know whether it had or had not been fastened over
night. There was along bar of bon went across the
passage leading front the shoe-room to the laundry,
ar.d it was necessary to take this down in order to
get into the laundry. He was himself not particularly
alarmed by any noise he heard ; but when one of the
servants got tip to wash about three o'clock, she per-
ceived the house had been robbed, and immediately
gave information of it. The servants had heard a
noise previously, but had not risen to ascertain from
whence it proceeded.
Nehemiah Smith was a green grocer living in
Kentish-town. On the morning of the 15th July, he
was up between four and five o'clock in the morning,
to go to Covent-garden market, and met the prose-
cutor's son. He informed him of the robbery, and
desired him if be met M'Donald Smith to apprehend
Lim. Witness went to Covent-garden market, and
as he was returning, at about hall-past seven o'clock,
he met the two male prisoners at the end of Pancras.
sleet, Tottenham-court-road, each carrying a large
bundle. Witness stopped his cart, got down, and
spoke to the prisoner Smith. He asked what he had
get in his bundle ? The prisoner replied, " I have
got my clothes." " Have you ?" said the witness;
•• but I know they are stolen, and yon are my pri-
sed-or'; come along with sne.lo The prisoner at-
tempted to run away, but he took him to a public.
house close at hand,• searched him, and found two
table-sp tins, :end a glass rammer in his pockets..—
Thi•oitter pyisdner Guttendge on that occasion got
cleat off.

George Squibb, a watch-house *epee, abov' half.
past seven rrie4ook,sis the attataing of the I.3th.Julu
alit passing along Tottenham•court-roid, and ob-
stewing a croied collected, he went up to it. He
• there saw the last witness holding the prisoner. Smith
in one hand, and a bundle in the other. He assisted
biter in taking the prisoner to'the public-house • and
searching him. At first be was going to take the
prisoner to the watch-house, hut finding that he was
shuffling and 'hitting about, as if he wanted to get
sometbisig nut of his pockets, he was taken into the
public-house, and there the property already men-
.
Monad was found upon him.
Janes Luonard, a tailor, also living in Kentish-
town. n-s passing through h Tottenham covet-road at
about half-past steep o'clock on the morning in qua&
Coil, and met both the male prisoners, each with a
bundle in their hands. Soon after he met Smith,
the Bow-street Officer, and by him he was inturmed
of the robbery: They both went immediately in
nisch of the prisoners, and in their way wet Nehe-
miah Smith, who told them that he had taken one of
the prisoners, M'Donald Smith. The prisoner Smith
told them where to find one of the bundles taken
front the prosecutor's house; and upon searching, it
was discovered_ in a hollow tree behind Gordon.
hots., lied up in a blue apron similar to that found
in the possession of the prisoner Smith.
William Jefferson, a • Bow-street officer, deposed,
thit in consequence of information he bad received
on Ate 14th of July, he went in company with Morris,
another officer, to No. 1, New-street, George-street,
St:'Giles's ; he found Gutteridge, the -ther prisoner,
tbeie,-with a hat upon his head, a handkerchief and
a bag in his picket belonging to the prosecutor ; the'.
prisoner Mary Tomo was there also. While he was
watching the room, the prisoner Supftlt Meyers came
in.; In the box, of Mary Teuton was found a child's
spencer, a pair of stockings, and two handkerchiefs,
all belonging to the academy. 'Upon questioning
Tinton, she said that she hid no more property ; tad
updn being asked what she bad done with the rest ?
she, eplied, “ I have sold it so a woman outside the
doorebut Ido got know who she is." Being farther
questioned what she bed done with the money ? she
Said/ " I have botight some bacon and beans with it."
Ne did see-tome bacon in the room at the time ; but
understanding &thinned, that. some bacon had been
stolen from the prosecutor's houses be went and
fetched it away. • '
Beniamin•Monis, another Bow•sbeet officer, ac-
companied the last witness to George-street, St.
Gilts's, and searched the prisoner Meyers. On her
he found a duplicate of a shirt, pawned at Murray's,
a piWnbroktr.
JOIN Murray, a pawnbroker, knew the prisoner,.
lleyers, who..pawned one of the shirts produced at
Isis shop.-- The shirt was not worth more than 31.6 d.
Fry, assistant to the prosecutor, identified
bislifen bat which bad been carried from the ball.
He iniewit positively, although the lining had been
toint•our,..as it had been in his possession for some
doses With regard to the value of it, he did not
suppose a .1,1 would give more than Si. for it.
The.total value of the linen, after being minutely
iJentified•as the property of the prosecutor, was esti.
n Aid by the witnesses at about a.
As. Baron Go.slinu, in the course of recepitulat-

mm.

ing the evidence, observed, that if the Jury should
have tan much daubt with respect to the time at
which the robbery was committed, to conclude that
it amounted to burglary, it would he still for their
a asideration, whether a capital offe:.ce had not been
committed by stealing good's above the vat of 40s.
in a dwelling-house.
Verdict— M.Donald Smith, guilty of stealing above
the value of 40s. in a dwelling-house. Gutteridge also
guilty. Sophia Meyers and Mary Tinton, not guilty.
llearyTownsend, aged 14, was indicted for stealing
a pound of cotton thread, of the value of 5.
vately in the shop of David Goodwin, in the parish
of Mary-la-bonne. In this case a bill had been
thrown out against another boy by the Grind Jury,
under a mislpptehension with respect to the names
of the two boys. and the prisoner was acquitted.
George Nit.ioll was indicted for robbing William
Gaines on the highway of, tat) bank notes, of the
value of £3. .
William Gaines. the prosecutor, stated, that as he
was walking on the evening of the 13Th of lily, near
‘7nitecli wet. he saw the prisoner with several others
standing near the door of a public-house, and en-
gaged in what was called Farling. tie passed by them,
and. was Immediately kni•cked down !from behind,
and his pockets picked of two bank-notes, one for
a€ 2 and ;he other for XL He knew not who struck
him or rifled his pockets; but on getting up he ran
after several of the persons whom he had before
marked, and by the aid of the gas-lights recognized
the prisoner, whom he had seen frequently betore:—
In answer to the prisoner's questions, the witness said
he was not intoxicated on the night in question, nor
had he said so when he first saw the prisoner a few
days afterwards at the watch.honse.
John Smith, a Police Officer, apprehended the
prisoner on the 16th, in consequence of the desciip-
don given of him, by the orosecutor, who knew Ina;
as soon as he saw him. Verdict—Not Guilty.
Charles Brooks, aged 18, was indicted for stealing
a 16s. 6d. in monies numbered, three bank notes of
the valise of £2 each, turd thirty-nine bank notes for
WI each. The money was charged in different counts
as the property of several persons.
. Mr. ALLEY stated the case to the Jory, and re-
marked, that as it WAS possible that the whole of this
money might have been taken at different times, it
, had been cleanest proper not to charge the prisoner
with the capital offence, namely, that of stealing
above the value of 40s. in a dwelling-house.
Thomas Sowerby described himself to be a butcher
residing in Brook-street, Portman-square. In July
of last year he became possessed of the Talbot pub-
lic-house, near Tottenharn-court-road, and put a
person named Barber with his wife, and his own sis-
ter, into the care and management of it. He also
took the prisoner into the employ of the house, to
assist in various ways, and agreed to give him sixteen
guineas per annum. He was in an extremely dad-
tete condition when he first employed him. He had
reason, about four or five months since, to remon-
strate with him on his extravagant expense in dress,
and to advise him to save something in case of illness.
Having been subsequently informed that the prisoner .
bad agreed to buy a hackney-coach and horses, he
saw him at the Talbot on the 18th, when he denied
that he had any such money in his possession. On
marching hiM and his box; however, with the
sistance of a conitible, £45 in bank notes were found
urio him, and Oft. ed. in ideer in his box: Oa
the prosecutor's iross-exatnination by Mr. CasPoon,'
he admitted that be had not missed any money, that
the prisoner had borne a good character, and his only
reason for suspecting him, was his belief that he could
not have got the mussel hooestly.
Charlotte Inman; the barmaid, proved that she
was in'the habit of mains all the notes she received
with the name of the person paying it, his residence,
and the day of the year on virhich it was received.
She could swear to three of the notes found on the
prisoner, but could net say how he obtained them.
He bad access to the till, and bayed in the bar when
she was at dinner; •
J. J. Barber gave similar evidence. It was the
custom to pay over the money received once or twice
to Mr. Sowerby, but he had never been able to miss
the money, except by a disappointment in the ex-
pected profits of the trade upon his general stock.
Verdict—Guilty of larceny.
Samna Barker was indicted for stealing divers ard-
ficial flowers, 'value 46. 6s. the property of Thomas
Kelly.—Thomas Kelly, a poor Irishman, said be
lived in Dean street, Holborn, and was iy trade an
artificial flower-maker. At the latter end of July he
waited on the prisoner, upon the recommendation of
a woman of the name of Isaacs, with some artificial
flowers. On a Tuesday lie went to the prisoner, in
Langbourne Chambers. He saw a clerk writing at
the desk, and the prisoner was also in the office. He
shewed him some artificial flowers, and the prisoner
asked what quantity he could get made by the Sa-
turday fiillowing ?—ahether be could get OM worth
made by that time ? Witness said he could not make
£2O worth, but would make as much as he could.
They were to be done for ready money. He asked
the price of the flowers, and witness told him he re.
quested him to make baste with that order, for be,
should have another order for next week
Here Mr. Reesman and Mr. ADOLPHCS observed,
that an answer given by the witness did not cone.
spond with that repeated by the Leatned Counsel
(Mr. ALLEY).
Mr. ALLEY—" Mr. Adolphus, the witness said the
words I repeated; and when I state that as a fact, I
desire not to be interrupted, for I will not be contra-
dicted in this manner by any man." •
AL A:menus ...14 I meant no contradiction. but--
The RECORDOS••••B4 I will not tolerate those inter-
ruptions: they are quite useless, and only tend to pro-
long the cause." -

tzamtnatiou continued.—The prisoner wrote down
an order, and ',sine's went home and got the flowers
made. On the Saturday following, at eleven o'clock,
the prisoner sent him a letter, which was read by the
Clerk of Arrasgns, as follows

eta—!,shall feel sueeh obliged by your forwarding the lied-
Se W Sowers ordered, le the course or as hour or V1V0....41 the
ship goes down the keret to-ntorrow morning, and the packages
most be at the Custem.hoese before half-past two o'clock. so as
to be shipped by Seer.--1 am, Str.
_(Slgnitd)
" SAMUEL 11Allita."
" I.lagbouree Chambers, Saturday?
The prisoner called About Milt an boor alter wit-
ness had received the letter, and asked it the goods
were ready 1 and witness said he was packing them.
At %hoot one o'clotk, witness and his wile went with

the flowers packed in boles to the prisoner's cham-
bers. When he arrived he saw the clerk, and about
a 'quarter of an hour afterwards saw the prosom-r.
,He made a motion with his hand, and said he would
speak to him directly. Witness left the !sines con.
Wiling th,. owers in th office Th prisolus Lin
came out onfl the landing-e place,. produe ced his p krt
hook, and pulled out a note which lie gala was fn.
£lth). He said he was going to Chancy; lane to
get small notes, and added. that he would pay wit-
ness at lour o'clock, as he was going citt of town at
-live o'clock. Witness's, wile then came up, and he

,hewed her the note. At foor o'clock witness re.
turned to the chamber, having waited in the neigh.
hourhood, but did not find the prisonci He re-
mained there until nine o'clock at night, but the pri-
soner rever returned. At six o'cl,ick he began to be
uneasy, went to his boxes, in which he had convened
the flowers, and which he had placed in the office,
but found that the flowers were tone. •At nine
o'clock he went h"me. Finding that the prisoner
did not come, on Monday he again went to the
chambers, and reached them at six o'clock in the
morning. He gained admittance at nine o'clock,
and stopped until three o'clock in the afternoon. H,
never saw the primer or the liwers.
In the evening of Monday he went to a Magistrate,
and at about four o'clock procured a warrant, and
searched for the prisoner. The prisoner was found,
and the next day (the Tuesklay) the prisoner was
examined at the Mansian house. On that occasion
the flowers were produced, but they had been very
much pulled about and qui-rd.—The prisoner was
ultimately committed tor trial.
Croscexamined by Mr. REvuouss.—Saw the £lOO
note in the hand of the prisoner. It w.s, he be
lieved, a Bank of England note. He saw divinetiy
the figures 11)0" on it. He never knew that a
Bank of England note was not marked in that roan_
net. He never asked for ife2 on accut.nr, A:iti tievti
received it.
Mary Kelly, the wife of the last witness, corrobo- I
rated her husband's statement.

Thomas Weiteail kept the Angel public house in
Fenahurch-street. He knew the poisoner well, aed
on the Saturday before his apprehension lie.was
_at
die public-house. He went away at about ;:alt-past
10, and his reckoning came to St.. 9d. He did not
pay the bill, as he said he had no money, but would
call next morning. On the wile Saturday night
the prisoner asked witness to lend him a little. cash
as he said he had nothing I.ut a sel 00 note. Wiant es
replied, “ It you have resiliy got- a aftKX) none, alt
though it is late I can ger change foi. it.", T:1; pri;
loner immedLtely pulled out a nem from lirkpocttti.
book, and then said that.it was 414'100 eill-eagable
in ten days. Witness expvessedihir-sorprise that it.
was not a Bank note, and said Tae would have no:
thing to do with the bill, . The plisoner then said be.
wanted to speak with witness in the back-garb-our,:
and. when they got- there, the .prisoner asked for a:
little cash. Witneii refused it, add- atick,"/ rim,'
astonished at your impudence."
Thomas Harrison, a Police-officer, on Mwodigy the
4th of Aug Ist, apprehended the prisoner at the Cock,.
in Leadenhall-street. He tools him to the COMpter,
and locked him up. The next morning a little bLy,
of the name of Isaacs, came and asked-for the pie
SOW, and got the key of the office from him.-On
'the Tuesday witness went to the prisoners' chant-
hers and found four dozen and ten artificial flowers.
He chant-
hen,
them to the Mansion-house.
William Brown was a porter, employed at Lang-
horne chambers. He recollected on the Tuesday,
the day after the prisoner was apprehended, he saw
a trunk brought into the prisoner's chambers.
Some of the artificial flowers being produced; the
prosecutor swore to them as being his own.
The cue for the prosecution being here concluded,
Mr. REYNOLDS, for the prisoner, contended that the
evidence in this case did not constitute a felony, but
a mere fraud. The broad distinction between felon)
and fraud was, whether the owner of the goods
parted with the property as well as the possession ?
It he parted with the possession simply, retaining a
right to the property, then a felony was committed;
but if under any fraudulent representation of a hatever
kind, a person was induced to part with his property
as well as his ptissessiiin, it was no felony, but a
fraud. In this case it could not be disputed, but
that both possession and property were parted with.
From the time the goods were delivered a new bar.
gain was made, to be paid for in four hours.
Mr. ADOLPHUS followed on the same side ; and
Mr. Auer, for the prosecution, contended, that a
feh.ny was clearly made out, particularly bearing
upon that part of the evidence where the prosecutor
searched, but in vain, for his goods, when he found'
he could get an money. The actual possession indeed
was out of his hands, but the legal possession still
remained with him.
The ItrCORDER was clearly of opinion that the pri-
soner was guilty of fraud. If possession is obtained
by fraud it becomes a felony, and if the prisoner has
done this fur the purpose of converting the property
to his own use, it is a felony. I will recapitulate the
evidence to the Jury, and they will judge for them-
selves.—After a recapitulation, the Jury, without he-
sitation, found a verdict—Guilty.
The prisoner was a stout man, of respectable ap-
pearance, of a dark complexion, and well drei.sed.

- -
Between ten and eleven o'clock on Sunday even-
ing, as Mr. CIIARLZII Caow, a statuary mason, in the
New w s pacing along %A/niche:act Terrace to
his house in Bell-street, he was knocked down by two
lell..ws almost at the door of the Pontefract Castle,
who robbed him of his watch, and-some money.
Those who Slave lived rather gey and on tic eve of
matrimony, and who are doubtful of the consequen-
ces of an ill-cored contagion, may have the best. advice at Or.-
Medical Board, at Charlotte-boost, Great Charlotre-strs et, oppo-
sire the Rev. Rowland Hat's Chapel, Blackfrisr's-road, and at
Vs'oodstotk Howie, Woodnock•streer, five doors (win Oxfords
street,— be Board particularly cents the stir:l9,ll of &rue ar.
dicted with Rupture, Stricturt4 fistulas, Cancers, t erutuim;
tservous Debilities arising trona warm climates juvenile
erelong, Ste- kniptIVIIS ou the Head, Face, and ito.,Tl 111 era.
ted Throat, Pain, is the Head and 4.intbs,- nusiiiketi
for Rheumausmiliodes in the Shin-Euneb are synlyittin,g which ap.
year years atter, and too often destroys 4ortieldc cenilert.—
bliessass Cooper and Cos of they year* iii•er,etite, ure coni,Ultetr
at both Houses by all 'lobe' people until mint at
sure the files and Fistula without burning or cuti:no :and give
advice grads on faraday, 1 Iferday, and risudsy Minions+, till
Twelve cellick.--ek nee door and private rooms fur
g3e4topiured Patients are raditaly cured without serve:it eye-
radon, upon scientific-and anatomical princiiires, without escorts-
tions—Lettes'from thy country (put paid) immediately woo-
ded in.