Star.
London, England, 1817-05-28 00:00:00

OLD B4lLer.

Yesterday, W,? act Grove was put to the bar under
an indictment charging him with stealing. several ar-
ticles of plate, and other property, belonging to Tito-
MSS Metcalf.
The Prosecutor stated, that be resided in Queen-
square, and followed the profession of an Attorney.
The prisoner *as in his. service. Having had a party
at his house, the prisoner was left in charge of the
plsite used on that occasion. On the 18th of May,
witness and Mrs. Metcalf went out to a concert, but
having been disappointed, oy not gaining admittance,
they both returned home much sootier than was ex-
pected, between eight and nine o'clock in the evening.
The prisoner was at that time out of the house, al-
though he was the only person left in charge of the
plate. Between the hours of nine and ten the prisoner
returned, and was reprimanded by witness for it.--1
At hell-past ten o'clock witness went to bed, and in
about a quarter of an hoer afterwards his female sa-
vant, Jane Atkyrson, knocked at the bed-room door.
In consequence of what she told him he got up, arm-
ed himself with a pistol, and went down stairs to the
prisoner's bed-room, which was on the lower part of
the house. He found the door locked. The prisoner
was a long time before he opened the door, and did
not do it until he was threatened. The door having
at last been opened, he found the prisoner with his
coat and neckcloth ell, as is: he had hastily dressed
himself. Withess said to him, " I understand there
is somebody in the ho!lse." The prisoner's answer
was, he believed, " How can you, Sir, inspect such
a thing of me r' Witness replied, "Itisof no con.
sequence, I will satisfy myself, follow me." He then
I proceeded to look round the room and the house ;
and, atter what he conceived a sufficient search, hr
went up stairs. The prisoner followed, and on the
stairs witness met Mrs. Metcalf and Jane Atkynson.
He (witness) said to them, " You may go to bed
now, for 1 am quite satisfied there is no one in the
house." Mrs. Metcalf, however, was not satisfied ;
and, to some remark made by her, the prisoner an- .
swered—" Do you suspect me, Madam. of intending
to rob your house E" Mrs. Metcalf repllsd, '' I say
nothing about that, but I am quite sure, from what
Atkynson has said, that there is some one concealed
in the house." She asked witness whether he had
looked into the closet in the prisoner's room ? and to
this he answered, that he had not, but would go and
make another search to satisfy her. He then Brent'
again down stairs, and upon opening the closet-door
described, he saw a tall black man standing there.—
The negro advanced, and witness retreated a sew
paces, and presented the pistol at his breast. • The
man exclaimed, " For Gots s sake do not fire." The
prisoner also lifted up his hands, and cried out—
'44 Pray, Sir, do not fire ;" intimating, at the same
time, that he could ettplain it all. Witness then rush-
ed forward to seize the negro, but lie escaped, and
ultimately succeeded in getting clear away. The
prisoner implored his pardon, and said, " I hope;
Sir, you %to be merciful ; it shall never happen
again." Watchmen were afterwards called in, and
the prisoner was given info the custody of the patrole.
His boxes were subsequently searched, and in one
was found a pair of braces and a waistcoat belonging
to witness, and in another a coosiderable quantity of
sugar, and several bottles of wine.
Jane Atkynson was also servant to the last witness,
and deposed, that on the Friday night on which thii
transaction took place, at about ten o'clock, she was
first alarmed by a'ring at the street-door bell: she
went to the door, and there saw a black roan, who
asked to speak with the, prisoner Grove. She said
that he was then engaged with his master, but that
she would tell him that be was wanted. She then
Shut the door, and told the negro to wait. As soon
as the prisoner came Oown stairs, she told him that a
black man was waiting for him, and recommended
him to speak to the man through the area gate, as
his master would not like to hear any person at that
late hour about the house. The prisoner s ,id it was
late, and went away. Soon alter, witness asked if
the man was gone, and the prisoner answered that
be had been gone for some time, and that he had
merely celled for a diree,tion, which he (the prisoner)
had for him: witness stopped in the kitchen for a
short time, and then went to bed. While she was
prose. ding up stairs, she heard another ring at the
street-door bell .1 she listened for a short space of
time, and did not hear the prisoner come to the door,
but soon after distinctly heard him unbar the door
(which had previously been barred by herself) lead.
ing to the area. The door was opened, and shut soon
afterwards as that the prisoner could not have been
enabled in so short a time to have spoken to any one.
She then began to suspect that all was not going on
right, and upon listening again she distinctly heard
two men talking in the kitchen.. At this time it was
near eleven o'clock, and she went up stairs to tell her
master all that had happened. Mr. Metcalf got up,
and went down stairs to search. Between the first
and seeped search the prisoner accounted for the se-
cond
ring at the bell by saying, that it was occasion-
ed by Edward, the late servant, going out. Witness
said, it was not so, knowing that Edward bad been
gone lung before.
James Denham, the patrole who was called in and
took the prisoner into custody, produced the articles
found in the prisoner's trunks, and also a ladle found
on the prisoner's person.
The prisoner said in his defence, that he had had
no intention to rob his roaster, and that he had hid-
den the black man, who was a servant out of place,
with whom he had become acquainted, in the closet,
because he was afraid his master would be angry it
he knew it.

The Recount% in his summing up, complimented
the prosecutor for hit lenity in not irdictirg the
loner for the higher offence of buiglary ; and also
the female servant, for the-clear and intelligible man-
ner to which she had delivered her evidence.
The Jury, without hesitation, found a Verdict—
Ctiilty.
itaq fitakr was indicted for stealing a watch from
the person of Isaac Martin. The prosecutor was
waiter at the York Hotel, Picket-street, and on the
iSth of May, in the evening, he was going on an
errand, when be was accosted by the p'nsoner, who
persisted in teazing him with her importunities. At
this time a man, who was proved to be an acquain-
tance of the prisoner's, knocked the prosecutor doWn
and stole his watch. The prisoner and the man made
off, and the latter escaped:
The pripaer was tour.d guilty, and the €01143 N

SCILIVANT told the prisoner he regretted that the man
with whom she had been in concert, was not at the
bar with her, as he might Ease accompanied her to
that place, from which, most assuredly, she could nut
return.

John Henry ran Egmont was charged with haring
assaulted Ann Briscoe on the King's highway. and
attempting to rob her.
Ann Briscoe, an elderly woman, deposed that she
was a servant in the Stamp-office. About a fortnight
ago, at half-past four o'clock in the morning, she
was going to the Stamp-office from her residence in
King-street, St. Giles's, and as she was going by
Drury-lane Theatre, the prisoner met her, put out
his tout, and laid hold of her by the shoulder, shook I
her. and told her to shew her property. Prosecutrix
I saw the watchman was not tar off, and cried out ; '
two watchmen came to her assistance, but the pri-
sorer said he would not let her go; the watchmen
unloosed his hand, and one of them said he would
go a little way with her and protect her; when • she
I had got a few steps from the prisoner she turned
roond to see if he was following her, and saw a pen-
! knife in his hand. It was a light morning.
I The prisoner, in broken English, re-examined the
I prosecotrix. He asked her if he laid hold of her as
it with an intention to rob her, or as it he had. mis-
taken her for a woman of the town ?

Proseeetrix replied, he laid hold of her like a
madman.

Recommit—a Did he attempt to kiss you ?"
Prosecutrixig a, he seemed very spiteful."
, One of the watchmen deposed, that upon coming
up to the woman, he saw the knife in pri►oner's
hand, and upon endeavouring to disengage hem from
her, he said he would stick her witn it, ;tad he would
serve witness the smite.

The prisoner. on bring called upon for his defence,
said, that on the night in question. he had been
spending the evening at a society with the landlord
of the house where he lived, in Westmicver, and
going home before his friend, the wile of the latter
asked him to return and loa for her husband, which
he did. On his way back he was accosted by a to.
male, who robbed bun of x :Ss. piece. He fnllow•ed
her, and losing sight of her near Drury-lane Theatre,
mistook the prozecutrit for the woman who had
robbed him. He denied having attempted to use the
knife to the injury of any one. He said he had
served the kZing and country as a Lieutenant in the
German Legion, for eleven }ears, with honour and
respect, and it grieved him much that be should
now be subject to such a suspicion.
The jury immediately returned a verdict of—Ac.
quittal.

Mint Etartot:Gft STlMET.—YeSterday, Mr. Bailey,
an hotel keeper in Westminster, was summoned for I
refitting two horse soldiers who were billetted on him.
He took two of jections, VI?. that by Act of Parlia- I
ment the inhabitants of Wentriinster were only liable
to the quartering of the Foot Guards ; and that the
law could nut have intended the billeting' of horses
in the district in which he lived, there not being a
single livery stable therein. On the first point, he had
the opinions of Mr. BllolXliaht and Mr. Leacit in
his favour; there being a special enactment for West-
minster, naming the root Guards, without mention-
ing any other kind of military. The Magistrate
said, it had been repeatedly decided that Westrri hirer
had no, special privilege on this subject : and with
regard to the opinions of Messrs. Brougham and
Beach. Lawyers were as apt to differ as Doctors.—
On the second objection, it was clear that all persons
having a wine licence were liable. Mr. Bailey then
required the fixing of a Maximum price for the keep
of a horse, he having no stable of his own ; or that
he might send it wherever be could farm it at the
cheapest rate. The Magistrate said these requests
could not be complied with, because the price of fod-
der varied, and the horses must not be distributed'
throughout the metropolis. Mr. Bailey then announ-
ced his intention to try the question.
Tee PHIT/NERS IN TIM Towtn.--Thirileweed and
Pt mon are separately confined in that turret over the
grand entrance from Thames-street, where DIMPARD
and Lord FlUtßetts were once lodged ; Hooper is con-
fined at the opposite end of the fortress ; and Dr.
Warm is kept in the celebrated Bloody Tower, and
inhabits the very room in which the infant King and
his brother the Duke of Yotut were supposed to have
been smothered, by the order of RICHARD the Third.
This is also over the gate leading to that spot where
ANXA Botefri was beheaded, and is near the hall on
which Lady JANE Gary met the headless trunk of
her husband, when she herself was on her way to the
fatal spot to be beheaded. ' On the lop of the Tower
the Doctor frequently walks to enjoy the fresh air.
From the roof there is a very fine prospect of all the
shipping in the Thames, and the view is checked by
the Surrey Hills. The Doctor reads and writes a
good deal. Their habits in living are restricted to,
plain but wholesome food, and their only b► verage-.
are porter and tea. During the day they are watched
by a Yeoman of the Guard, who is in the room with
each of them; and when they retire to rest at night,
, two Yeomen of the Guard aie locked into the room
with them. At seven in the morning the doors are
unclosed, and the guird is relieved. Mr. Hanareii,
their Solicitor, has bean with them frequently.
BAnitisTettlAl FRACA,ii.—On Monday afternoon,
e the investigation at the Middlesex Sessions of an
appeal!tom a conviction of the Marlborough-street
Office Magistrates of some reputed thieves, in which
Mr. Aoroanios and Mr. Am:mews were engaged as
opposite Counsel, they d ffaed as to the legal con-
struction of the lSth clause of the Police Act, as ap-
plicable to the 17th clause of the Act of George 11.
respecting Vagrants, or Rogues and Vagabonds.—
The Barristers left the Court together, and just as
they got to the bottom of the stairs in the passage
leading to the dining-room, Mr. Aanntaws gave Mr.
Alan mus a eidetic blow with his umbrella, which
Mr. AINULPIII'S returned with his umbrella; the eon-
stquerce was, a regular fa 13 took place, not 'only
with umbrellas but with fists, till liosmasys, the
Bow-street Constable, and others interfered to sepa-
rate them, after which, Mr. ADOLPHUS went on to
the Old Bailey. The Court; or Bench of Magis-
trates, hearing of the unpleasant circumstance, Mr.
Astro:v-1 was sent for to attend before them in a
private room, when, we understand, he was held to
bail in 41300. The animosity arose from some per-
sonal allusions to the Gentleman's origin. Mr. AN.
DREW spirted in Court yesterday mils his nose and
one of his eyes bruised.

COI.' Al SESSIOII, 34.'07L.4.

LINWOOD v. HATHORN, P2Q. AND OTHI
The present is a very singular Cause, whi

some time been depending before the C
facts are shortly these:—Tice farm•ser, It
Hathorn, a gentleman who has an estate in w
‘Vigton, butt who principally resides in E:
were, in the winter of 1512, cutting clover
tate a large tree, situate at the side of
diately adjoining the high road ..shicit le
town of Stranraer, when the tree h.trettit
the moment Mr. Linwood, a farmer, was
horseback, II large branch struck him on
which caused his almost instantaneous dear

circumstance midi a considerable ilese
try, the Ptislie Prosecutor, in order tfi

there were any hl4,i)e or citlrible ne4lect
_ _

ties calico-11W, indicted Matthew (rth.►n►

who was in the act of cutting clown the tl

lell, to stand ti lot At the Ayr circuit, for the culpable
homicide of Mr. Linwood. Grab em was accordingly
tried at the Spring Assizes in l F. 4 : but the :u7, see-
ing no blame in him, acquitted him. Mr. Lin•rsod
lett a widow and six children, who depended on hitt%
lot siipport. This unfortunate tamily brolight an ac.
lion against HA: horn, the proprietor of the estate;
against another genti:ms so of the same rame, aim
occasion illy took a charge in looking atter matters
on the estate; and against the allow! Graham and
other pers,ass who were attending or core rated
in rotting down the tree when the acci,!ent hp.
• petied, c,including for damages, fur the loss the famiiy
bad sustained by the death of :heir natural pro:ector
and sole support, occasioned. as they alleged, by the
culpable negligence of one or othtr of the detetiders.

The cause came before Lord CRAIGIE, 0! J 1,1417,
and a long proof was led, respecting the arctic:iv:tuts
which attended the tatal ACCid !!1 It appeared, in
general, that :at:tough greater precautions !Diet
Stave been used to prrvent the tree halting to the high.
mail, yet the circumstance was very accidental, dis.
tressing as the consequctic- was. The case was report.
rd to the Inner House, upon information, tor them.
t%Ci. The .7.l..iges w. re 111'.:c!1 divi IL.,,rds BASMA•
r7Nr. and CitAIOIE being of opinion that the pursuers
had made out a case, which ought to subject in da.
imige,, not only thl pers•oq; employed 111 the operA.
tiou, but even the proprietor, th.weeh abtent,
knowing nothing of it. Lords !Z:NTICM
I.mt, and Room..a a, entertained diffei eta sentiment,,
thinking there was not enough in toe circumstances
of the case to suh,'eet any of the detentiers. The lat-
ter were, therefore, absolve,: fioin the conclukni cf
I the aeVOn.

'rhe case vrtis Teron.iderei nn the 14th Innen! arm
a reclaiming pr.itior. from ."‘lrs. Linwood and her
family, and :timers for Nif. tiathorn. The SAme
judges were pfestin, and each aOhlred to his former
opinion, so th,..t it is now, by a mAjorie.y, Enally
rided, that there w.s nn suiFricnt ground tor giving
damalrs avintt the defenders.

CHARGE OF Hirt! THP.a'iON.-0111 SligTday night,
Mr. K Avc, the IThig's Messenger, and a B, w stow.
Officer, arrived in .I'nwn with a man of the name of
William Bartow in r.F.eir custody, being apprehended
by virtue of a warrart from the Secretary of State,
charged on tuspieiln of the cr ire of high tr. Aso^.
The prisoner was lodged in the tioUlt of Cmrrior,
On Monday lie was taken tram that prison by 1.1. r.
ADKINS, the Governor, to the Secretary of Sigel
(Mice for the Home Lepartment, where he under-
went, at three o'clock, an examination before Lord
SIONIOOTII, the Law Offictrs, Sir Nal-twist Cc-
Nawr, dm. The prisoner, we understand, was appre•
heceed io Ireland.

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