Star.
London, England, 1817-01-22 00:00:00

Rave a statement Nwlflitf to that which they did in
Police-nffice. Each of them callA Eve witnesses
to character, one of whom described Irwin as a pious
gond young man.
Mr. Jits,ice 11%1141ot:on then addressed the Jury to
• the following effect :
Gentlemen t,: the Jnry—ln the present case,
where the in.!ictineilt is precisely similar to that in
the former instance, there is a fact admitted by both
prisoners, which, in my opinion, decidedly militates
weainst all the evidence you have now heard in sup-1
rtt 4,f character. The pr:sont•rs admit, nay they
have openly declared bettae the Court, that they
laid hold of the prop;:ity, 5..11c1), a:carding to their
own account, they lotted I)t:i..t the.street, because
they considered Cry had as good a right to take it
as any tine lse. It they, Gentlemen, were persons
4,f. Om act apulisus in•egrity and dnbiassesi rectitude
a Kitt, die witnesses to character would persuade you
they are, I ask, is it reasonable, is it consistent with
the dictates of common sense, that they could have
acted from a motive so horribly depraved. so repug-
sant to every idea of common honesty, as that from
which dal say they did act ? No man can feel
more deeply than I do, the importance of cha-
racter in a cite where evidence against a prisoner
• is doubtful ; snot I am sure none can be more
disposed ta give that character all its weight.—
Bat, Gentlemen, character is best known by .acts—
ik better ascertained by the manner in which the in-
dividtril has conducted himself, than by any evidence
he can till before a tribunal of justice. And when
men are seen acting in direct contradiction to what,
by the evidence of witnesses, they would make yott
bePeve is the general tenor of their cooduct, and when
they openly acknowledge themselves to have thus
acted, I say, it is morally impossible not to discredit
all die testimony they produce. 'this you will. I
am confident, be fully convinced of, when you come
to examine their conduct on that fatal day. They
woe in the bi.n.aies, where they saw the Web:: of
one at the peaceable and industrious inhabitants of
the Metropolis plundered in broad day-light, by a
lawless, fero6nits assemblage—they saw soldiers
br night in to disperse that deluded mob, and in the
hurry of dispersion, saw many throwing away the
' arms they had illegally got possession of, while others
carried off these antis. Now, in,. such a case, what
wwld oae expect horeat men to have done ? Can
you consider him to be possessed of. integrity and an
upright conscience, who, instead of cleztilig himself
in the roteetion of his fellow-subjects' property from
the general dectruction with which he sees it threa.
tened, has the audacity to add to the number of de-
predators, and urge as an apology, that his right to
carry eff that property was as good as that (Anthers?
In such a case, I ask you, could you have any doubts
whatever of his general character, and of the motives
by which lie was itiquenced. The conclusion, I must
own, is irresistible to my mind; and I confess the
fact they have this day declared, strikes, in my opi-
nion, most forcibly against the evidence of character.
His claims to honesty are best supported whose con-
duct shews he feels what honesty is. Gentlemen,
Cm fact:* of the case are extremely short; and in order
to give you as connected a view of them as 1 can, I
shall now go over them.--Etiere his Lord,hip went
over the cvidcuce.3—Such is the case before you.
You, 1 know, give it all that attention which you
are aware it deserves. 1 cannot help noticing one
circumstance equally worthy of your attention. The
arms were traced to them in a manner, and under
circumstances, which lead one strongly to suspect
that they Lad sonic share in the very act of breaking
the shop. Of this we have no evidence, unless it be
-the manner in which the property has been traced to
• them ; and, Gentlemen, it on reviewing that evidence
you can doubt the guilt of the prisoners, then in-
stantly acquit them, remembering what has been said
to character; but if lon have none (and I cannot
perceive any ground for any), then' you are bound,
flowever painful it may be to your selves, to find them
guilty. The view I have taken is, I trust, an impar-
tial one, and will, I hope, *twist in leading you to a
proper conclusion."
The Jury, without hesitation, found both Guilty.
They were extremely good-looking young men,
and very genteelly &eased.
John Tomes, aged 20, was put to the bar on a si-
milar charge, and acquitted, the Counsel for the
Crown (Mr: Gnaszv) teeling himself happy to say
some favourable circumstances induced him to de
• date tatting any evidence.
Rk4ard Amu, aged 20, was convicted of stealing a
gun, value twenty-five shillings, the property of
Messrs. Brander and Potts, gunsmiths in the Mino-
t ries. •As the evidence in this case, and the prisoner's
defence, viz. that lie found it lying in the street, are
the some as in the former cases it is unnecessary to
detail it. He was Wood with ;he gun nearly a quar-
ter of a mile from the Mineries.
TRiAt. OF DC WATSON.

Imo Maims, r* tor, was twit put to the bar, char-
rd with feloniously, wilfully, and maliciously as-
sanldds Joseph Rhodes, end stabbing him with a cer-
tain iron instrument, with intent to murder him.—
Thera was another count in the indictment, charging
the prisonerUfith assaulting with intent to meim the
said Joseph Rhodes; and a third, with intent to do
him bodily harm.
Bor.s.min opened the case, which Mr. Gun-
nzT thus stated :

" Gentlemen br the Jury—The indictment upon
Which you ate now to decide is one of.a different na-
me Rhin those which have previously occupied your
etteitiott. It is an indictment for a. capital offence,
and it (Minded upon an Act passed a very few years
ago. 4)7 this Act i% was found necessary, in order
to-pretect the subject-from bodily-title-I, to make all
assaults committed with intent 'to murder, to plaint;
tar 16 lb biddy liattn, capital-offences. The present
'fnifietinetit. Whines three counts. The first foe stab- 1
- Meg, With itsteht to murder i the igeoorid, with intent !
-rsoottoiltta s Mid the third, with intent to do erdily
Aitibilledilis Lordship who presides will tell you,
• Centlititaen; that If you believe the evidence to be pro-
• ddeed'at tiefficiriOy strong to support any one of these
ecilints, i 8 peltit'bf law the prisoner ought to be found
*AV:. Therfalitir connected with the present charge
areattee t—Chischevight of the ed December, a man!
;named Nyali,lta 'horse patrole belonging to Bow..
-itreet;bete ottlifklist.men to whose active vigilance We
are so much iadebted for the tranquillity el •the
tioptliis Wis hit duty near Highgate. While ties
engaged, be saw three tarn advance on the dark side
of ths; toad, who walked as if they wished to avoid

•

Observation. Nyall had heard that a highway
bay had been committed a short time before, and it
struck him that these three men answered the discrip-
tion given to him of the robbers., To siseertaiu whe-
ther be was correct in this, he rode up io the fore-
most (the prisoner Watson),, and seeing a pistol in
his bosom, it naturally occurred to him that if he was
not one of those who had been described, he was at
least a suspicious character. He therefore asked him
1 who he was, and where he was going ? The prisoner
replied, that he w.ts a mechanic, end was going to
Northamptonshire. This, it appears, was not the iact,
as the prisoner is known to be a surgeon. ;1 he pa-
trole then caught hold of prisoner, and said he should
go with him. At this moment the two men who
were with prisoner fired off their pistols. With regard
to the two men, it is not the intention of those who
brought the present indictment to shew that there
was any connexion between this 'act and the crime for
which the prisoner stands charged. On the shots
being fired, the patrole called for assistance, and two
men,.Gooding and Rhodes, carte out from a public-
house in the neighbourhood. When they came up,
Nyall desired them to hold the pa isuner while he pur-
sued the two men, wbo it appears ran off after they
fired the pistols. This one of the men (Gooding)
attempted to do, when the prisoner drew a sword
from a stick which he carried, and made a thrust at,
but missed him. On this a scuffle ensued between
them, and Rhodes received the wound on which the
present indictment was brought. Prisoner, atter this
resistance, was secured and taken into the public-house,
where two loaded pistols were found upon hint.—
When brought before the Magistrates the Most fel eute
inquiry was instituted into the affair, and the result
was the bringing of the present indictment. But,
Gentlemen, I must inform you, that it does appear
to those Law Officers who have hitherto conducted
this business, that the wounds described as having
been inflicted by the prisoner, were inflicted in the
scuffle between him and the two persons into whose
custody he was given, and that neither of them can
swear whether they had been wilfully and•maliciously
given or not."
Here Mr. GURNEY was interrupted by Mr. Justice
PARK, who said—" I wish to make a remark in this
stage of the proceeding, which I should feel it neces-
sary to make to the Jury in a more advanced one.—
The Learned Counsel who conducts this case for the
Crown has, with a candour which does equal credit
to himself and those who seat him, admitted that the
evidence to be brought in support of the present
charge, cannot speak as to the felonious intent of the
prisoner. 1 think it therefore my duty now to say,
that if only such evidence is to be brought forward,
the Jury must acquit the prisoner; for if a scuffle
took place between the prisoner and the man wbo
arrested him, and that death ensued in consequence
of his violence, the crime of which he would be guilty
would be manslaughter, and not murder. Under
these cricumstances, I would' suggest to the Learned
Counsel not to suffer the business to go farther. If
he thinks proper is proceed, I most go on ; bat I'
still must sly, that if what has just been stated is Ali
that can be proved, it is better not to take up the'
public time."
Judge BtrItIIOUCISt acquiesced in the opinion of the
Learned hedge. if the prisoner wilfully stabbed, it
would be the effect'of mind, and not, perhaps, acci-
dent in a scuffle.
Mr. Guatur.--ge Upon the conclusion drawn as to
the effect of the evidence, the Crown Officers would
have abstained from bringing on the vesent prosecu-
tion; but, after so much had been said, and doubts I
entertained on the case, we bad it brought on in
order to take the solid opinion of this Court. It year
Lordship now say our prnot is defective, I admit I
cannot carry the evidence further."
Mr. Justice PARK..... I should have thought, from
the circumstances, that it would have been unjust not
to have brought the case fairly before the public."
Here the RECORDER intimated, that the proems-
lion,. on the evidence such as the Learned Gentleman
bad to offer, could not be supported.
1 Mr. Justice -Panst.." Gentlemen of the Jury, it is
1 unnecessary to say more to you, than that this in-
dictment cannot be sustained. You have heard what
my Learned Brother and the Recorder have said.
The Learned Counsel who conducts the proceedings
cm the past of the Crown, has withdrawn the prose-
calico; and your duty will be to pronounce the pri-
softer—Not Guilty."
The Jury returned a verdict of acquittal accord-
ingly. mmediately aped this there ensued an ap.
plain* inl the Court t several persons below and in
the galleries clapped their hands, and gave ether d-
nsonstrations of joy. •
Mr. Justice PARK, apparently much incensed at
this indecorous mode of receiving the verdict, rose
from his seat, and observed, that such signs of triumph
were most indecent, and deserved the severest repre-
hension. It ought to gratify every person, that the
laws of England offered a shield to out liberties and
our rights, and that the justice of the country was
always administered with purity and impartiality.—
It ought to gratify Mk .persous, likewise, that this
shield was interposed to protect individuals under
strong suspicions of guilt, when there wee not suffi-
cient evidence to convict them. But there was no
cause whatever for the indecent exultation which had
been exhibited in the present case. He hoped it
would not be repeated ; for if it were, and he could
, discover the persons, he would immediately commit ,
them to Newgate.
His Lordship had no sooner resumed his seat on
the bench, than three distinct cheers were heard with-
lout the Court.—After a short pause,
Mr. ALLI! Moved, .. that the prisoner should be
discharged ;" bat Mr. Justice PAnK resisted this ap-
plication. The Grand Jury, be said, had not yet
been discharged, and the prisoner must be detained
to answer to a misdenaeaheur.
Through the whole of the trials the Court was
crowded to excess. The pasiages and the yard were
also filled with anxious inquirers, and it was withalc
utmost difficulty that MD the Jurors themselves could
obtain ridthission.
Mr. Watson conducted himself with great pro.
priety and firmness. He came forward, in the first
instance, without betraying the smallest
fear ; lie, paid great attention to the statement of Mr,
GURNEY, and the abstemious of the Coen ; and
, when the verdict released him from the perilous II-
I . tuation in which he was placid, he Seteived It With is
, enlonms which his 'friends-would have done well to
imitate. He still, however, remains in dowdy.