Star.
London, England, 1820-03-16 00:00:00

ASSIZES,

LINCOLNSHIRE, *ARCH t.
Philip M'Cap, labourer, aged 22, was arraigned
for robbing James Kitchen, of Saxilby, on the
way, in the Parish of Morton, on the 16th of Avast.
The prosecutor was returning home from Upton,,
Notts, and had got four miles east 91 Nesark, when
he alighted from his horse, and lity4own close to a
gate on the road side to sleep : he was awakened by
the noise of three men, one of whom was the pri-
soner; but some other persons coming up, the men
passed, and Mr. Kitchen soon after proceeding on
the • road, overtook them : they asked charity ; he
said, if they called at Glazier's, the Half-way house
between Newark and Lincoln, he would pay for a
tankard of ale. Prosecutor rode on to that house,
and stopped till the-men came. They were inquisi-
tive whether he had received any damage, or lost
anything, whilst lying on the road ; which in.
quiry led him to pull out his purse and colmt his
mo..ey. He found it all right, there being £l7 11s. 6d.
in the purse, which he replaced in his pocket. The
risen, after'drinking their ale, proceeded on the road;
and the prosecutor, after sleeping again for a quarter
of an hour at Mr. Glazier's, mounted his horse, and
also went on ; but feeling sick and ill after he had
ridden two miles, he again got off, and lay down
and slept, on the high road to Saxilby. His horse's
bridle was tied round his arm, and hisddr.r lay by his
side. Suddenly, after some time, the 'dog bnrked,
and Mr. Kitchen; raising his head, was just in time to
see the prisoner draw his (Kitchen's) purse from his
pocket, which he had.picked as he lay on the ground.
He exd-aimed, " You rascal, you have got my money."
Upon which the prisoner said, "If you attempt to stir,
blow your brains out ;" and he felt in his pocket,
but did not produce a pistol. Seeing the fellow had
not any fire-arms, Mr. Kitchen jumped up, knocked
him down, and recovered the purse from his hand.
The prisoner had also got Mr. Kitchen's hat on his
head, which he attempted to recover, and succeeded,
notwithstanding the man opened a knife, and threat-
ened to stab him ; but in the struggle the prisoner
pulled off a crape band which had been round the
hat. No sooner had Mr. Kitchen got his hat, than he
perceived the two other men running to the assistance
of their comrade, with naked reaping-hooks in their
hands ; on which he cried " Murder !" and catching
and mounting his horse with all speed, fortunately
he got of, and rode to Mr.Wheatcroft's, a short dis-
tance, where he saw the' three men go into a wood.
Mr.Wheatcroft's servants desisted from their harvest-
work, and assisted Mr. Kitchen to search the wood
for the villains, but in vain. Mr. Kitchen then rode
home to Saxilby, but was afterwards sent for to the
Halfway-house, where he saw the prisoner and re-
cognized him.
Jane Glazier, wife of the landlord at the above
house, corroborated the testimony of the last witness
as to what had passed there.
W. Roper stated, that he was working for Mr.
Wheatcroft on the 16th of August, and heard the'
alarm of robbers given by the prosecutor, Mr. Kit-
chen. After that person had given up the search and
gone home, witness found the prisoner hid in some
gorse bushes, about four or five in the afternoon ;
he seas alone, and held in one hand a reaping-hook
(which was produced in Court), and in the other
a drawn knife. Witness and others were attracted
to the spot by a number of crows hovering over
the gorse, and concluded from that circumstance that
some vile creature was there, or that a man was con-
cealed. The prisoner surrendered directly.
J. Bentley proved, that he was sitting beside the
prisoner at the Half-way-house, after the latter had
been taken, when Mr. Kitchen came in, and pointing
to him (the prisoner), said, that was the man who
stole his money • and his scarf. Prisoner on this put
his hand slily into his pocket, pulled out the bit of
scarf, and threw it under a table. Witness picked it
up, and Mr. Kitchen owned it. The. prisoner said
that some men who were scuffling in the house had
thrown it there, but witness was sure he saw the pri-
soner take it from his pocket.
It. Talbot, Constable of Swinderby, produced the
scarf in Court.

The prisoner being called on for his defence, said
nothing, and called no witnesses.—Guilty, and sen-
tenced to seven years' transportation.
IV. Chambers, aged 22, was convicted of stealing
two heifers from a field called the Willow-bridge
Close, at Carlton Scrope, the property of Mr.J. Hardy,
of Hougham, which heifers the prisoner drove to
Lincoln, and sold in the market on the 25th of Fe-
bruary. He called no witnesses to his character, but
told, in bis defence, a long and improbable story of
his having been met, when going to Grantham, by
some man who asked him to drive the heifers for him
to Lincoln for sale.—lleath.—Reprieved.
J. Power, aged 24, was tried on an indictment
charging him with robbing Mary Markwell of 5s
as she (with two other young women,
Sand a boy, 14
years of age) was travelling in a cart from Horn-
castle to Wainfleet, on the 9th of September. It ap-
peared that the prisoner came out of a lane and walked
beside the cart for five miles on the road, until the par-
ties came to Raithby Beck, when Miss Markwell said,
" Perhaps you will have the goodness to lead the
hone down the hill for us ?" He said, " Oh yes," and
led it down ; soon after which he jumped upon the
cart, seized the reins of the horse, and said, " Ladies,
I demand your money l" Miss larkwell then gave
him ss. John Pickburn Br umby (the boy) gave him
ss. 6d. Jane Pickburn 13rumby gave him part of her
money, on which he said she had more, and, pre-
senting a pistol, demanded all ; she, therefore, gave
him 6s. 6d. Hannah Best gave him ls. and he re-
turned it, saying, " That will help you on your way."
He then returned also Is. to each of the others, and,
jumping off the cart, went away. The party soon
met a Mr. Holland on the road, and communicated
the robbery to him. When the prisoner demanded
the money, witness said, " You shall have mine, Sir,.
with pleasure ;" and she added en her examination on
this trial„." We parted. with it freely."
The JUDGE hereupon observed, that the indictment
then was-not sustained, for it stated the robb;ry to
be effected by putting Mary Markwell in bodily tear ;
and if, as she said, she gave her money willingly, it
was not from fear. His Lordship, therefore, directed
that the prisoner should be acquitted on this indict-
ment-1k was then tried on an indictment for rob-
bing Miss Jane Pickburn Brumby, and she stated,
that she would not have given all hez money, had it

not lieen for the prisoner's pointing the pistol at her
—Henry Holland and William Hill proved the pur-
-1 suit. and apprehension'of the piisOner...He was found
concealed in a ditch ; ISs. 6d. was found on him,
also some leaden ballets, gunpowder, and a pistol
key, and in the ditch the pistol was found, loaded.—
Guilty, Death.—Reprieved.
YORK. MA.RCH4IS. •
At the sitting of the Court this morning, the six-
teen persons charged with .a riot at Dewsbury, were
put' to the bar. They all pleaded Guilty.
Mr. Justice PARK then addressed them. He un-
derstood the prisoners were charged with creating a
riot, for the purpose of raising their wages. This
was in itself an unlawful act; and he wished them
to understand that such assemblies could not procure
the redress of any grievances they might imagine,
nor even of those of which they might have reason
to complain. His Lordship then advised them to
return to their homes and families, and to attend to
their business, and ordered that they should enter
into their own recognizance of £5O each, to appear
when called on ; v 1-ich being done, they were all
discharged.
James Newton and Edward Rothey were convicted
of highway robbery, and sentenced to Death.
Rickard Coverdate, gamekeeper to R. 0. Gas-
coigne, Esq. was indicted for the wilful murder of
Thomas Hawkins, on the Bth of November last, near
Abertord. It appeared that the pistol went off by
accident, and the Jury, after about twenty minutes
consultation, returned a verdict of—Aot

MAIDSTONE, KENT, MARCH 14
SOUTHERN V. CRIPPS.

This was an action for slanderous words, imputing
to the plaintiff an attempt to commit suicide.
The plaintiff is a distiller, residing at Seven Oaks,
and the defendant is a butcher in the same town.
Several witnesses were called to prove the words,
and one stated, •that he had heard the defendant say
in his shop, that " Mr. Southern had attempted to
hang himself, and it was a pity that the rope broke."
It appeared from the testimony of all the witnesses,
that it was currently repotted in every part of the
town, that the plaintiff had made the attempt sug-
gested in the words spoken by the defendant. The
plaintiff's Counsel contended, that there was no
doubt of the words being actionable; because, if
true, the plaintiff was liable to an indictment for a
misdemeanour, in attempting to commit suicide.—
This being the criterion of the actionable quality of
the words, it was a case that required to be marked
with sharp damages, inasmuch as the slander was
calculated to do irreparable injury to the plaintiff's
good name, as well as to his pecuniary circumstances.
Mr. GURNEY submitted an objection to the form ofl
declaration, which the Learned Judge saidhe would
reserve, if the Jury gave the plaintiff a verdict.
Mr. GURNEY then addressed the Jury• upon the
merits of the case, and contended, that, supposing
the words to have been spoken, there was no pre-
tence for saying that the plaintiff had sustained any
injury from the report. The smallest damages would
be sufficient to satisfy the justice of the case.
The Jury, under- the Learned Judge's directions,
found their verdict for the plaintiff—Damages 20s.

THE SAME V. ARNOLD.
This was an action by the same plaintiff, against
another of his neighbours, a tailor, for circulating
the same slander, but the words not being proved,
the plaintiff was Nonsuited.