Star.
London, England, 1828-01-05 00:00:00

WINTER ASSIZES.

Itt AI MO NE, JANUARY 4. Before Mr. Baron VAUGUAN.
Ann 11.ckery, aged 45, and Henry Griffith:, aged
23, stood indicted for stealing a feather bed. a carpet,
a cask of wine, two gold rings, three neck-kerchiefs,
and varirus artic:es of household furniture, the pro-
perty of Mr. John Russell, of Dartford, In ,this county.
The Court was excessively MN ead. 1 t' • - •
The female ptisoßer had been admitted to bail, and
surrendered to take her trial this rooming.
Mr. ADOLPHUS stated the case_ for"the protecution.
It was a case which he had no doubt would call for
their most serious consideration.• Toe prisoners were
charged with having stolen from the executor of a
Gentleman deceased the property named in the indict-
ment, and it was his duty to detail to them the circum-
stances under which the robbery had been commitred.
The female had been in the employ of the deceased
Gentleman, Mr: Budgeg;n, of Dartford, and also with
his father, in the capacil of hous-keeper, and on the
whole had been in the se.vice cf the family for a
period of seventeen years. The other prisoner was a
Watchman, and had no business at all in the deceased
IGentleman's house. The propetty stolen is vested
in the executor, as the persoa to whom the property
[is bequeathed is not yet rf, age. from time ir;-7
forolation that had been received by the executor,
it was thought proper to employ watchmen to
guard the property left by the deceased, but he (Mr.
Adolphus) believed that they had been employed too
tate, as illiOnYlatiOn was receis ed of the prisoner Griffiths
having moved a large portion of property, and a search
was made at his house during his ab>ence. and some of
the deceased Gehtleman's property found there. An
investigation then commenced before the Magistrates,
and a person named Spencer came forward and stated
thita large portion of property, the goodi of the de-
ceased, were in • his possession ; they had been handed
over the garden wall, by the prisoner Griffith,, who
assured 'him that it was all tight. The female prisoner,
on being question!d about ti e deceased's property, pro.
doted a'snourning ring from her pocket. The defence
made by her was, that she had been bequeathed by thi.
will of the deceased goods to the value of 201. to be
taken at her discretion: now, Lt the time the property
was taken away, no c.ammunication had been made to
her of the contents of the will. She bad lighted the
prisoner Griffiths on the stairs of the house, while he
was removing the property after the deceased's death,
and had a perfect knowledge of what he was doing;
therefore they were both equally guilty. Among the
property stolen was a cask if eldevaine. He (Mr.
Adolpils) had evidence to prove that it wakthe properly
of the deceased, and that it had not been either given
or bequeathed to her in the will, and sire had made a
tender to pay tor it, as it had been removed by her
ordir. There was also another circumstance in the
Case which strongly marked the guilt of the prisoners,
as, two days after the inquiry, and while the prisoners
were in custr4y, an digging in Griffith's garden, some
more of the pope rty was found buried in the ground.
The Leari:ed Counsel then called the following wit-
nesses:

John Russell, tzamined by the Hon. Me..
Witness is a fanner, end tl.e executor to the will Of the
late Mr. John Battens), of Danford, who died on the
'26th of \Tokenslace. Witness arrivedletween three and
four o'clock on that evening, and the will, was read be
tween sis and seven o'clock. The female prisoner was
called into the room, and infoirced, • that ' a boodle
had been seen to have been taken from the house; she
said, she had nut removed any part of the property ;
sne had not any money, and tha; she had not so ranch
as a thread of Mr. Pidgeon's, either i i or outside of the
house. The female prisoner said to Mr. Rawlins, who
was present, n I know you doubt my word, but the day
will come when my innocence will be proved, when we
both appear at _the bar of our GOD ;" she was blamed
for sufferiog proper ty to he removed, and she said that
she had not caused anything to be mc.ved. S! e did
Dot lay claim to any part of the property. Beton: the
Magistrate", she said the property had been given to
her by Mr. Budgeon. Among the stolen property was
the.drawing-room carpet, sleets, and a number of other
articles, too numerous to mentit.n. On the prisoner being
paid-her salary, she asked 'when vhe was to receive the
property left to her in the deceased Gentleman's will.
At the suggestion of Mr. 841011 VAUOVIAX the nit
was read by the Clerk of the Court.

The codicil contained a bequest of a sea, bedstead,
some sheets, some mahogany chairs, and such articles,
out of the common parlour, as would amount to the
value of 201. to the female prisoner.
Mr. Baton VAUGHAN wished, that instead of the
present proceeding, an action of trover had been brought.
He .was not disposed to blame the parties who brought
forward this-investigation; but under thecircumstances,
he was of opinion, that although the prisoners had acted
in a vet y *premature manner, yet it did not amount to
a criminal offence.

Mr. ApoLeans said, that he was on all occasions
very' willing to. embrace any suggestion that might be
dimwit out by the'Learned Judge, but the observations
of his Lordship- had not escaped the eye of the patties
concerned in the prosecution; and they were of opinion,
that Irons the evidence that would be pi oduced, it would
be proved that the piisonere bad taken the property
with a felonious intent, and that the defense set up would
be clearly negatived: • He TA ...A Dol.kkuvil luggested1uggested
fiat as thnimpreskion of
.'the Artier. ' ' ' - • • .
"'Mr: Baron' Vitronas4Te's s but. i woula Vother hies
your awn opinion.
114 r.CLARStOIIi on beibalf of the ratlllini IrlibilliAbe
other parts of the itriH to be its& • :
The clerkpii iftd.jhe iibole of rte viillclit*lita;

queathed an annuity and other property to the female
prisoner. • 4
Mr. Baron VAOnnainw-r inetqatill ssj, that it would
have been better to have brought an action of trnver.
.Aker a short consultation between she learned Counsel.
Mr. ADOLPHUS observed, thei the peosecntor was left
executor and trustee over thedeceased-tlentleanan's pro-
perty, and therefore he could nor, with justice do other.
wise than institute this proceeding.
Mr. Baron VA VOHAN said, that the prosecutor.vuuld
retire from the Court without either shamer disgrace
being attached to his conduct in' bringing the prosecu-
tion. The imprudence of the, feny.tle prisoner had
placed her in this situation, and ,Ms- ,Lqrdship Irocl no
doubt but the prlsecutor had stctuti advisedly. Perks's',
if an actionia 'rover had been brought, it 'petit Jame
been said that it was a subject of inquiry fef a Criaimil
Court; gill it was not his opinipn,.,and on th.l present
view of, the case be thought: prisoners entitled to an,
acquittal.
Mr. ADOLPHUS said, that the goods being found
buried under ground was a strong reason for the prosel
cult, r to indict the prisoners for felony.
Mr. CLARKSON said he had no doubt but that be
should be able to prove that. the. goods were the pro;
perry of the female prisoner. and tits; they had been
insured by her for 1001. for several years, with the
knowledge of the deceased.
After some further conversation bt tureen the Le rued
Judge and the Counsel on both sides, Mr. ADOLPHUS
declined proceeding further in the case; and the Jury,
under the direction of his Lprdship, returned a verdict
of Not Guikrj. •

.POLICE