Star.
London, England, 1816-12-07 00:00:00

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of the plaintifft to Lord. thniclAL Captain Berle
accordingly waited upon the deftsdent, and bought
the animal for 100 guineas e ho'had•previowly tried
hint, and found that. he had a slight cough, which he
understood was, occasioned by exposure in a straw
yard, and Was merely temporary. On the 13th May
the horse was delivered with a warrawy of soundness
to Gener...l Floyd, who thought him rather ton slight,
and found fault with the tough, and a palpitation
in the loins,which he thought indicated defectivewind.
He in consequence' commissioned Captain Set le to
propose to the defendant that the horse should fr 2 re-
turned, on the ground that he was not :Wet:plate to the
weight he had to carry; but nothing was said regard-
ing the cough until 25th June, some time after
the defendant had refused to take the animal back.
The horse was subsequently sent to a livery stable,
and from thence to Tattersail's, where he was sold
for 22 guineas. For this sum credit was given by the
plaintiff, whose demand, including all expenses, was
£9U. 6,.
Mr. SCARLETT, on the part of the plaintiff, said that
this was one of the very hew horse causes in which no
fraud was imputed to either side: the question merely
was, whether the horse, at the time of sale, was, or
was not, sound, the defendant having given a war-
ranty that be had no defect. He then called Captain
Serle, who deposed to the w;irranty and to the other
circumstances of the transaction. The plaintiff bad
proposed to return the horse to the defendant, ant
would have been content-to have lost ten or twenty
pounds, because be did not wish to have any dispute
on the subject of the cough. Several witnesses,
among whom was Mr. Field, the veterinary surgeon,
gave evidence of the unsoundness of the horse.
Mr. GURNEY, for the defendant, argued from the
conduct of the plaintiff, in not returning the horse',
earlier, and in not communicating the fact of bison.
soundness to the defendant before the 25th of June,
that the horse was not in fact unsound at the time of
the sale.—The Jury found a verdict lorthe
£'9O.

OLD BAILEY SESSIONS.
Yesterday Wilhons Andersen was put to the bar,
charged on an indictment with the wilfel murder of
John Levy, in the parish of Clerkenwell.
Mr. ANDREWS, on the part of the prosecution, put
in an affidavit for the postponement of the trial, upon
the ground that, although the utmost vigilance had
been exercised to obtain the attendance of a very ma-
terial witness, it had been found ineffectual.
Mr. CURWOOD objected, on the part of the prim-
ner, to the postponement, unless it could be restricted
to the present Sessions.
Mr. Asioaxws replied, that in all human probabi-
lity, they would be enabled to procure the mien-
dance of the witness alluded to by Monday or Tues.
day.—The trial was ordered to stand over till Tues-
day morning.
George Well:, Willijm Smith, and Maw Quinlaff,l
were indicted for feloniously and burglariously break-
ing and entering the dwelling-house of Charles Cholm-
ley, Esq. and stealing therefrom five feather-beds,
four carpets, some chairs, tables, and several other
articles of household furniture, on the night of the
21st of November.
Mr. ARABIN stilted the case to the Jury.
The first witness called was Charles Chnlntley,
Esq.—Resides at No. 4, Cleveland-square ; abbot
June last left his house in town to go into the coun-
try. fie left the keys with his servant, with direc-
tions to take care of the premises. A Mrs. French
got the keys from the servant. In consequence of
seme information which he received from Mrs. French
he returned to town. On examining the house, he
found he had been robbed to the value of about £3OO.
Mrs. French was the wife of French, the waiter at
the Clarendon Hotel; got the keys of the house from
Mr. Cholmley's servant ; was in the habit of ring
to the house to see if all was right; went there on
the 21st of November; discovered that the house
had been robbed of all the beds, bed furniture, car-
pets, pier glasses, and several other articles. Her
husband also saw that the house had been robbed.—
In consequence of this, a watch had been set in order
to discover the robbers. When she went first alter
the robbery, a table was lying in the drawing-room,
some chairs in the parlour, and some silk was on the
bookcase in the second Poor. She was stationed
with another person to watch before the door that
evening. She went about half-past five, walked up
and down before the house, and the first person she
saw was Smith (one of the prisoners) walking near
, it. He went away, and came up soon after, and
went to the street door of Mr. Cholmley's house, and
,made a short stop there. The next person she saw
was a man dressed as a porter, and carrying a porter's
knot ; he wore a light coloured coat and a green
baize apron. She saw him walk by the Margins of
Stafford's stable, which ccmes round by Mr. Cholns-
ley's house. She left her husband and another watch-
ing, went for the key, and when she returned the
door was broken open by Nichols (the Officer who
had been sent to watch). When she entered the
house, she found the table in the hall, which she had
seen in the drawing-room in the morning ; she also
found the chairs packed up andaome furniture cotton
which had been in the second floor, was tied up in a
bag. She alto saw a porter's knot on a table in the
hall. She saw the three prisoners immediately alter
they were taken ,• one of them, Smith, she was cer-
tain was the person whom she had just before seen
walking before the house. She also saw another man
in custody, who was dressed like the man whom she
had seen with the porter's knot, but she could not
positively bay it was the same person. She saw a,
soldier who was in the house pick up a dark lantern,
which she had not seen there in the morning.
Cross-examined.—It was dark when she first saw
Smith walking opposite the house. His back was
turned to her at first, but she afterwards saw his face.
He was then a stranger to her. She recognized him
afterwards as the same person, but she knew him
more by his height and clothes than by his face.
• George French, the husband of the last witness,
corroborated the statement of his wife, and' added,
that on discovering the robbery, he went to Bow.
street, from, whence Nichols, the Officer, came to'
him, and they proceeded to examine the house.—'
When he was at the house in the morning, he saw
the furniture as described by last witness.' He left
the house in the same state in which he found it. In
the evening be went with Nichols to the houses. sus-
pecting that some persons were within, Nichols went
for assistance, and returned with some soldiers.
Witness gave Nichols the key, which he applied to
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the lock, bet he foiled that it Wig fattiSt4 Ira)
.the
orinside.eed it Nichols, with as described
thlssistfeanutceituofeethe soldrrs,
fo found
by last witness.
Quinlan (one of the prisoners) had
some silk in his possessioo.
William Nichols, the Bow-street officer, stated,
that in consequence of the application made at the
office, he went with last witness to examine the house.
He left it in the same state in which he found it.--
The doors and windows were fast. In the evening
he went to watch the place about five o'clock—he
silt Smith, and soon after he saws ells and Quin-
lan ; Wells had a porter's knot. ithwent up to
the door of Mr. C.'s house ; witness could not see
distinctly what he did there; but he (Smith) left
'them in a short time, and came towards the place
where witness stood. At the same time the two
other prisoners crossed over towards the house. Wit-
less then ran away, lest Smith should see and know
him as an officer. He, witness, went round by ano-
ther way, and saw Smith and followed him. When
'he came up he asked him, Smith, where he had
been,- and what he had been doing ? to which he re-
plied be had just come from Westminster, where he
had been drinking with some Noir, and begged
witness not to tell his wife. Witness then took him
into custody, and searched him. Nothing particular
was found upon him. Witness then returned, and
having got some persons to desist him, he stationed
them at each side of the house, and told them not to
make a noise, for at this time he supposed some per-
sons had got into the house. While watching, they
saw the door of thehouse opened and then shut again.
He then went to the door and applied the key to
open it, but at that moment he heard a bolt drawn
on t'ie inside, which fastened it, and immediately
atter he heard a noise as of some persons running up
stairs. He then forced the door and followed head I,
stairs. He went to the garret, 'from which he
the people in the street cry out that the robbers were
escaping by the top of the house—be got out on the
leads and went on the cop of the next house, where
he saw Quinlan, and took him into custody. Wit-
ness asked him where the other person who had been
with him was to which he replied, 66 I must not
tell, find him yourself." In a short time after he
aw Wells, and told one of the soldieri to take him
into custody, which he immediately did: Quinlan
then said, " Come, don't pull us about so; we will
go with you, Nicholls; we must answer for what we
have done." Quinlan was then examined, and a
piece of silk found in his hat.
Thomas Willett corroborated this evidence,
Peter Ashworth was the soldier who apprehended
Wells. He took him behind a chimney, on the top
ot the house.
Mrs. French was again called, and identified the
silk found en Quinlan as that she had seen in the
enie
morning.—Here the case closed for the prosecution.
Wells and Quinlan both dd any knowledge of
the facts alledged against them.
Smith said that he was going peaceably home
when he was arrested .by Nicholls, more than 150
yards from the place where the robbery was corn.
witted. fie knew nothing of the alleged robbery.
Mr. Baron RICUARDS summed up. He observed,
that however uriliertunate it might be for the priso•
ners at the bar, he was afraid no rational doubt could
exist respecting their being concerned in this nefarious
transaction. Should the Jury find the burglary
doubtful, they might acquit the prisoners of that part
ot the charge ; but he believed it impassible to acquit
them on the second count. They would, however,
exercise their own judgment, and he had no doubt
'tat their verdict would be founded in the strictest

justice.
After consulting a few minutes, the Jury found the
prisoners guilty of the burglary—. Death.
After the verdict, Nichols. the officer, stated to the
Court, that Wells and Quilan had acted with great
forbearance to him while on the house, as they might
easily have thrown him into the street.
They were good-looking men and very well dres-
sed, and conducted themselves throughout the trial
with the greatest, decorum.—Wells is 35 years of
age, Smith 29, and Quinlan 2.5.
The following were also capitally convicted :
France: Newland and Ann A['Dmrgall, for stealing
a quantity of printed cotton and Irish linen. the pi 0.
perry of William Spooner, privately in his shop.
Mamas Gibbias, for stealing .a pair of sheets and a
pair of blankets, and other articles, of Ann Wheeler,
is her dwelling house, and afterwards burglariously
breaking the same to get out.

Monday last, Catherine Canty, who lived for nine
years as cook in the house of the late Colonel NEW-
saw, at Newberry How, near Mallow, was lodged
in Cork jail, for being privy to her master's murder,
the particulars of which appeared in this Paper of
Thursday se'nnight.
QUERN•SQUARE• ••••• HACKWET•COACHNI •••••CaPiain
Finch, of the Life Guards, appeared to answer the
summons of John Rickey, driver of the hackney.
coach No. 1173, for refusing to pay his full fare.—
Complainant stated, that he was called. from the
stand in Knightsbridge, to go to the barracks, where
he took up the Captain, and drove him to York-place,
Queen's Elm, where be, put him 'down at his own
door. His fare was 21. and be was entitled to back-
money, which made it Ss. The defendant said, his
reason for refusing kipay this demand was, that he
had been carried from the barracks to his own house
Several times, .and none of the coachmen had asked
him more than The Magistrate (W. Fielding,
Esq.) infOrmed Captain Finch, that nothing could be
more fallacious than judging of the real amount of
a fare by taking it at what others might have char-
ged. It certainly Wits not customary for them to
charge too little, bttt Many of them did so from not
knowing the ground exactly, and from the fear of
being summoned, if they demanded too much ; and
though he (the Captain) had been taken for Is. 6J.
more than three or fonr times, yet an espy:kneed
whip like the plaintiff knew his ground to an inch,
and his fare to a fitthing. As to the complainant
agreeing to take 18d. the Act of Parliament itself
set that aside, by not allowing them to make any
bargain. As defendant bad been carried further
into the country; though the coach was originally
taken off the stones, yet that circumstance of going
further from tows entitled the driver to back money,
as it was called. He must therefore adjudge Cap-
tain Finch to pay the other 18d. and the costs, which
he did' ituatediately.
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