Star.
London, England, 1803-01-19 00:00:00

OLD BALLET.

irefterday fourteen piifoners were tried, one of
whom was convieted of a mil-demeanor, viz.

Haim Bldg, for uttering a counterfeit 11alfguinea.
Five were convieted ut felony, viz.
Daniel Derii,ll alicigamo IVorbyt, for healing two
Licks of coals, the property of Robert Ward.
Daniel Sidney, the profecutor's clerk, (wore
that, on the gosh of December, he was at Golden
Harbour Wharf, in the City, and law thirty-fix
tacks of coals put into a waggon to be conveyed
to Mars. Levecque's brewhoufe and ordered
Worbys to go with them. On his crofs-exami-
nation, he was pofitive that 36 Packs were fent.
William Simplon livedin Whitecrofs-fireet. On
the
..soth of December he Law a coal waggon, at-
tended by the prifoners, Rep at a hair atelier's
door in the beet. He Law Worbys enquire where
the cooper lived ; the cooper lived in the witnefs's
hook, and Worbys brought a fack of coals up
'airs to his room. The wiuiefs went over to a
public houfe and law Worbys come down again;
Daniels untied the cords of the waggon, and Wor-
bys took another fack, which he conveyed to the
fame place where he had carried the other. The
witods, having tome fufpicion, went over and got
his wife to read the name upon it, not being able
to do fo himfelf. He followed the waggon to the
brewhoufe, where be gave information of what he
bad teen. When they got to the brewhoufe, the
prifoners threw two empty Packs on the ground.
Mr. Levecque, the brewer, Paid that he received
information of what had paffed from the fall wit-
pefs, in confequence of which he went upon the
waggon, in order to tell the number of Packs ; be
found only 34 full ones, and two empty Packs
were lying on the ground. The vitnefs fent for
Mr. Ward. On his cross examination he laid that
be had not received two facks in room of thufe
holm. The quantity be ought to have received
was twenty chaldrons. He had not fettled the
account, nor paid for any part of them.
Mr. Ward laid that Worbys was in his ferviee
pt the time, but that be had difcharged Daniels
about a week before. Having been lint for by
Hr. Levecque, he went to the brewhoufe, where
be was informed of what had happened. The coals
were his own property, until they were delivered
according to their declination.
The prifoners, in their defence, endeavoured to
eftablifh that the two empty Packs which had been
found on the ground had been (hot in the brew-
houfe. _ _ _

Several witneffes appeared to Daniels's charac-
ter, and one to that of Worbys. Tilde w•itneffes
defcribed them as ifriber, honed, and inJuflrious
men. The Jury found the prifoners both Guilty.
Mr. Ward recommended Daniels to mercy.
Jobe Green, for Real ing a gown and ether articles,
the property of Sarah Dudley ; and
C. Arm/cad, for Realing 40 lb. weight of bacon,
the property of T. H. Marlb.
And eight were acquitted, among whom was,
Assn Bode!, indieted for Ilealing a (even fhilling
piece from Prifcilla Molt, the property of Thomas
Molt, her hufband. . .

About three weeks ago the profecuttix went in-
to a public houfe in King-lireet, St. Giles's, ac•
eompanied by the prifoner. She had occarion to
take Come money out of her pocket, and threw a
feven (haling piece down on the table. The pri.
toner immediately fnitthed it up, and ran out of
the houfe. The pi-id-coot it did not call after her,
becaufe fhe (tippled this w.is done in jell, and that
the would get back her money. A perlim of the
same of Ellis raw the whole tranfaßion. and was
ready to corroborate every part of her teftimony.
Ellis, in his evidence, related the circunillances
exaftly in the way in which they have been now
defcribed.

The ptifonerdenied all knowledge of the tranfae-
tlt,ll, and called a witnets to prove that the accufa-
tiwn was malicious.

blaly IN'eldorie was in the hook of the prifo-

ner's mother on the night when the robbery *is
committed. She heard the profecutrix offer to
make up the bufinefs, provided the prifoner would
repay the money by (mall inftallments. She fur-
ther heard the profecotrix fay that (he would give
Ellis half a crown, if he would (wear that lie law
the prifoner run away with the 7s. piece.
The witnefs and profecutrix were on this part
of the evidence confronted I but both Routh, per.
fitted in their refpative affertions. The profecu-
iris got rather warm, and told the court and Ju-
ry that there was no wonder the witnefs could not
give a proper account of the affair— (he was better
employed than in attending to what (he faid, for,
the was then fitting on a young fellow's knee.
It was proved that the profecutrix was occa-1
tic:molly deranged, and a (hurt time fince had at-
tempted to cut her own throat.
Several witneffes were called to the prifoner's
charaCter, who (poke of her in very favourable
terms. She was, without hefitatiod acquitted.
Robfrt AVE, and Sufmnah, his wife, were tried
for Healing a bank note of twenty-five pounais, the
property of James O(born.
Mr. O(borne faid, he kept the White Hotfe pub-
lic honk, at Kenfington, and had been a ColleCtor
of the Taxes for many years• On the 29th of Oc-
tober lag, he called at the houfe of the prifoners,
in the City. The Pacifier, Robert Mirth, held a
fituation in the Court of Requefts, for the City of
London. At the time the Witoefs was there, it
was about five in the evening, and fo dark that he
could not fee diftinetly. He had his pocket-book
out while he was there, and he was alrnoft cer-
tain that he left it behind him. He did not mils
it till he got home that night. The neat morn-
ing he went back to the bottle of the prifoners,
who denied all knowledge of it, and advited himito
advertife it, which he did, to nn effeet. But, upon
giving in the numbers at the Bank, he had notice
of the note of 251. being paid, which he traced
from different hands to a linen-draper, who told
him lie took it from a man and woman, who raid
their names were Marfh, and lived at Wapping,
but no filch perfons could be found. The prole-
cutor fulpefling, from the fimilarity of names,
there might be a miflake, took the linen-draper to
the prifoners, who immediately knew them en be
the perfons who changed the 251. note with him.
The linen-draper giving his evidence to this effect,
the Jury found the prifoner Robert Guilty, and
acquitted his wife; but as the (leafing was in his
own houfe, the conviSion was not capital.
:161:n Hod:fro was tried for flealing a Hunting.
don bank note, value 201. hem the banking-houfe
of Mars. Newnham, Harrifon and Co. where lie
lived as clerk in December tSot. It appeared
from the evidence that he had left this fituation,
but they heard nothing of this note till the i tth
of December tSo:, when application was made
for the payment of it at the banking-houfe by
William Balker, who faid he was a cutler from
Portfmeuth, and had it from the prifoner, who
was waiting jug by for him, and who was imme
diately apprehended. The note was produced,
and feveral w•itneffes, who proved this note to have
been Rolen.

An objeaion was taken by Mr. Ksowass, one
of the prrfoner's Counfel, that no Ramp was to be
feeu on this note, it being mach worn, and palled
on paper. After the ftriaeft infpcaion the Jury
could not fee the Ramp. by which the profecution
fell to the ground, and the prifoner was acquit.
ted ; but not without a caution-from the Common
Serjeant. who tried him, who told him he had not
a doubt of his guilt ; and had he been tried in the
day. inflead of the night, this Ramp might have
been perceivable.
gam Pot4hu was indiaed for Reeling two hogf-
heads of fugal., which were Paid to be the property
of feveral different perfons • and No Wan: was
in.Ziacted for receiving the fame. koowing them to
have been Rolen. The falls of the cafe were
(portly as follows :—The prifoner Popkins was a
fervant to Mr. Pugh. and. one day in lag Decem-
ber, went to Mr. Pinkerton's. with whom the fu-
gars were warelionfed, and pretending that he
came from Mr. Pugh, obtained two Irogtheads of
fugal-, laying, that Mr. Wackerbath was at his
Mailer's counting-houfe, and waited until the two,
hogfbeacls of fugar could be delivered. Under I
this idea. the fugar was delivered to the prifuncr,
who, inilead of carrying it to Mr. Pugh's. car-
ried it to the (hop of the prifoner Adams. who
bought it.
Immediately after the firft witnefs was called,
who proved thefe fads, the Rscoensa laid, he
was of opinion that this was not a felony. In 1.11
the cafes upon this lubjea, it had been held, that
the perfon who parted with the goods gave only a
limited polliffion ; but here the abfolute poffefLon
of the goods was parted with, and, therefore. it
was not a felony, but a fraud.
This produced a long legal argument, in which
Mr. Kr4OWLIL and Mr. Kamer argued, that where
a party had been guilty nffraud, they Ihould never
take advantage of that fraud, to fcreen thensfelves
from a charge of felony. infafled alfo, that
in this cafe the profecutor had only parted with
pareffion for a limited purpole, namely, 'bat it
Ihould be delivered to Mr. Wackerbath, and that
not being done, the prifoner was guilty of felony.
Mr. Serjeant Barr. Mr. Guaresy, and Mr.
ALLEY, or. the other fide. contended, that it was
as important that the different fpecies of crimes
(hould be profeented by their appropriate india-
ments, as that the different eaufes of aitions in
civil cafes Ihould be followed by their refpeaive
remedies. The common law definition of felony
was, that the goods of the party fhould be obtain-
ei by force from the owner, and fo it remained,
until altered in various cafes by Ratute. The fame
dittinaion cailled between fraud and felony, as
there did in civil anions between trepafs and
anions upon the cafe. The Learned Counfel then
(rioted all the cafes bearing epos the point, in
which cafes the owners of the goods only parted
with the podeifion for a limited time, and after
that, the poefeltron was to revert to themfelves.—
Thus Major Semple hired a poll-chaife, which was
to be returned ..fter the journey performed.—
'arcs hired a horfe to go to Barnet. They both
fold them, and therefore there was np privity of
contraa between the hirer and the perks borrow.

ing the goods ; bet the latter having fold thern
contrary to contradt, the Jury had interred an ori-
ginal felonious intention.
The RECORD:a, having confidered the argu-
ments and cafes quoted by the Learned Gentle-
men, Paid, he entertained no doubt of the law,
and remained by his original opinion. He, there-
fore, direaed the Jury to acquit both the prifo•
ners, Paying, that the profecutor had millaken the
iudiausent, but ought to have profecuted on the
astute of Geo. H. for obtaining goods on falfe
pretences.—Both, Not Guilty ; but Popkins Was
ordered to be detained.