Star.
London, England, 1817-10-30 00:00:00

OLD E.IILLA' SES,t7IONS, QAOBI3I 29.

The Sessions this day commented, and Mr. Justice
Ipat.r.as and Mr. Justice PARK presided on the Bench.
The Calendar is neither so heavy nor so numerous
st at the preceding Sessions. There are for trial at
the London side 38, and at the Middlesex 120.
Twn cases of forge, y ate the oely very material
ones on the li rt.
W. Mitchell was ht.licted for burglariously breaking
and entering the dwelling-brass: of Edward Hurry,
with intent his goods and chattels therein lelonionsly
to steal, on tle ‘2501 August.
The Prosecutor stated, thit'he resided at Thor-
low-house. Hackney-road. 'On the night of the23.h
August, he retired to rest 'Oen after twelve o'clock.
He was shortly aror alarmed, and be' immediately
printed his pistols, :Ind went to the"haek window
over the door, which he thought froM the noise was
splitting by sornebrirly from without. The right
was liz,ht, and he called out twice, II Who was
there ?" Ttotee men immediately seemed to run
from the spot. He then fi-esi his pistol, and one of
the men erred rot and fell wounded. Witness de.
wended into the gsrdee, where he Fund the pri7'
toner lying on his fink. He implored mercy, and
.begged that a surgeon should be sent tut. On search.
ing him, a cooper's gimblet, a dark lantran, with it
candle in it, and sonic phosphorus, were found.—
A surgeon was instantly sent tor. On Kning t"
search the prisoner, he said, 4' You will find nothing
there butt implements for house•breaking." Op being
brought into the house he said, want h id compelled
him to the act in which he was detected.
Cross-examined.— He was severely sr/mink:ed.,-
On inquiry he (nand ha was a member of a most te-
spstable family in the city.
Harriet York was %emit% to the last whom.—
She remembered the night of-the 25th August, and
had then fastened the door leading into the garden.
There was no appearance of the house basing been
entered.
Mr. Justice DALLAS bete intimated, that the bur-
glary was ow, according to the form of the indict.
went, supported in evidence. The pArtses were in-
timidated, and fled before they could effect an envy,
ssilielt was necessary to constitute a burglary ; a
larceny ntii,ht, however, be sustained -under the in-
cl:etra‘,:nt.
T!:e esam7nAtien of the witness was resumed, to
sutesia this charge :—She left some cheese and suet
in 111,..! safe, w4iett was without the back door in the
arelen, toe night before; she dill not miss any thing
in the morning but a small piece pf the suet, which
was lying outside the window.
Mr. Justice DALLAs here addressed the Jury, and
observed, that the prisoner had alreA,ly suffered se-
verely 111 the attempt io commit the offence tor Which
he stood charged. All the substantial parrs of the
i;idictuit at, cave one, had been made our, but he
airprrhendeii 1. it the omission of that one was fatal
v.) the pri3,e,ution. The felonious intent was evi-
dent : three men acre stated to have run off wben
the FTI)%t vit-r called out-1 Who was there ?" and
one (the prisoner) was afterwards found with the
ieiplenients of to:use-breaking in his pocket, and no
doubt having them for the purpase of committing a
felony The question, however, was; whether that
intent hid been sufficiently carried into execution? It
was not enough to prove a breaking, unless an entry
was also effected. Hero there was certainly no
entry. The case, then, was reduced to this—was
the outside place, the safe or pantry, rnbbed of any
thing it contained, on the previous night, and by the
prisoner ? If so, he was guilty of a larceny, but
realty there was not sufficient evidence to bring this
larceny home to hint.
The Jury instantly returned a verdict of Not Guilty.
Mr. Justice DALLAs then addressed the prisoner as'
follows Ptisener, you have had a very narrow
escape, and have suffered severely and properly, by
Sloe wound you received in the attempt, doubtless,
of committing a burgl try. If every man had equal
resolution with the prosecutor in defending bit pre-,
terry, we should not have so many cases of this de-
itcription to try every Session. You are said to be;
lung to a most respectable family. I implore you to
consider how much better a different line of conduct
woold become you. Take warning now by your
escape, end remember, that if you are ever again
detected in such pursuits as that in which you appear
to have been engaged, you will be -remembered and
ovrtaken by the arm of the law. For your own
sdke, and that of the public, I caution you how you
ctemlate your future conduct, and entreat that you
wall never foiget the proceedings of this day."
Tire prisoner, who is a genteel-looking young
sum, bowed, and seemed sensibly affected. He was
brooght to the bar seated in a chair, which was sup-
Ironed by two man.• He has lost the use of his
legs from the wound he received in the lower part.
of his back, MEd appeared in a very emaciated state,
and occasionally as if in great „pain. He was re-
moved from the bar in the same manner he was'
Ledbght to it.

Ma cy Stork an interesting. young woman, was capi-
tally indicted for stealing, in the dwelling-house of
John Booth, a tin box containing two *lO Bank-
notes, ten Al notes, and some gold and silver.

aofin Booth heed at 175, dx.ford-street, and was

by business a grocer. The prisoner at the bar was
Lis servant, and was so on the 7th of October last.
On that evening she was about to quit his service.
At about four o'clGck in the afternoon of that day
be kit his house. He had at that time in his house

a tin.box, containing ten £1 Bank notes, two RIO
notes, and some gold and silver. When he went
out it was placed in the parlour cupboard ; that was
the place where he generally kept it, aad the prisoner
, had often seen it there. Half an hour before be went
out he saw the notes in the box, and bn his return, at
Ave o'clock. he missed them. Whets he quitted borne
• tie left the prttnner in the florist., and filund her in it
on his return, but the box was missing. Upon ask-
ing her abour it, she said she had WE seen it, nor
did she know where it was. Witness then went to
Marlborough-street for an Offictr, and the prisoner's
box was searched by Plank, the Officer, but nothing
was found. This was about eight o'clock, and at
ahrrot nine o'clock the prisoner quitted the prosecu-
tor's servile, ,her wages having been regularly paid
to her. The prisoner was watched home by the Offi-
cer to. No. 16, Great Ormonil-yird. The next diy
a search-warrant was obtainad, and the Officer sgsd

witness went to search the prisoner's house. .She was
not then at home. Nothing, however, was found.
Witness and the Officer then went into No. 15, the
next door to the prisoner's house, to watch for the
prisoner's coming. In about an hour the prislner
was obierv.d coining towards her house with a bun-
dle in one hand and a basket in the other. She came
itro the room where they were and put down the
bundle and basket. The Officer then proce,..ded to
search her pi.r,on, kind a bill of exchange and two
i!ivestigator's tickets, ho'l of which were in the tin-
box, and were the prosecutor's property, were found
upun her. There was nothing but grocery in the
bundle. The Officer then asked her whether the bas-
ket was her prope.rty ? and on t.er repl)ing in the al.
firmative, he pus his hand itro the baiket and brought
out a parcel of Bank-notes, some cash, and a 'mail
bill of exchange. The cash he could not identify,
but the Wt of exchange and the Batik nntei he proved
to be pr. erty. It was always his custom to weite
Upon ail the Bank notes he received, the name IA the
person from whom it was obtained.
The Jury found a verdict—Guilty. Death.

jaws Whitby wrs indicted for having assaulted
Mary Atilt Wort on the highway, and stol,n from
her persona kerseymere shawl, the property of John
Wm t.—fstrs. Wort, on the SJ of October, was walk-
ing along liornsey-road. about six o'clock in the
evening. when she was attacked by the prisoner, who
appear: dto be intoxicated. He said no•liing, but
1-tid hold of her shawl with his hand ; bat finding
would not come off, he uttered an oath and pulled
In-re violently. He then pushed the Lady into the
ditch. She took a firm hold of the shawl, but ulti-
mately the prisoner succeeded, and ran away with it.
w;titess was in the ditch striimiling with the
privincr. she debited her little boy, who had been
walking w.th her, to scream out, lie did scream
out, and presently some on • came up. She told the
buy to run home, a distance of about 400 yards. The
prisoner was and tsken into custody.
James Wort, a little boy of fuse years of age, and
son to the prosecutriz, corroborated his mutha's
statement very satisfactorily-.
Tie shawl tv;:s produced by the person who over-
took the prisoner, saw a part of the transaction, and
braid the boy scream. _ _

Ia his defence, the prisoner declared that he bad
no felonious intent. but that he was much in liquor
at the time. Tie Wacti.house Officer proved, that
when the prisoner was brought to hint, he appeared
to be int..xicated. Other witness s gave hint a g
character for honesty and industry.—Guilty, bin re-
con.mended to mercy on account of his good character..
irilliaps Fair, a lad 15 years of age, w.is capitally
convicted of stealing horn the warehouse of WWI,.
Helps. Ray, and Helot., Manchester warehousemen,
60 yart4s of dimity, value ir2 15s. On the 16th in-
stant, in the middle of the day, the prisoner came
into the warehouse, looked round about hint, and then
coolly trail; up too pieces of dimity, put them upon
his shoulder, and made off: he was seen, followed,
and seized. with the property in his pamssion, ju,i
At he got out of tin door Being called upon tor his
defence, the prisoner declared, that he had never seen
the two pieces ut dimity belore.—Guiity.
Mary Higica was indicted for stealing a coral neck
lace, a brooch, and several articles of wearing-app
rsl, the property of Plice'ie Bardolph.
The presecutrix *distinctly proved the facts of the
case against the prisoner. but upon ber cross-exami-
nation by Mr. Aa.unr, it appeased that she was a
married woman. About two years ago a man of the,
name of Levy, a convict lately returned from trans-
portation, and who was then married, conducted the
prosecutrix to the altar, married her, and swindled
her out of her property.
Mr. Att-Er observed, that the case, under these
circumstances, must, fall to the ground. Although
the proseeturis was married to a swindler, who had
a wife living, yet the simple asseveration of the fact,
without a formal order from the Ecclesiastical Court,
was not sufficient to annul the marriage.
The Rsconaza.—is I will reserve the point."
Mr. ALLOY.—"" My Lord, the point is so clear,
that I should be sorry that it should be reserved.
Without a formal mandate from the Ecclesiastical
Court, the prosecutrix is still a married woman, and
the indictment is consequently incorrect, inasmuch
as it states the prosecutrix to be a widow.
The Rl:co:turn, after having asked the witnesv a
few quesiions, directed the Jury to Acquit the priso-
ner. She was acoorsiingly acquitted.

MIDDLESEX SESSIOI►'S, OCT. 29,

TIM KING V. WYATT.

The defendant was indicted for a wanton outrage
on the person of Robert -Totnktnson, a market gar-
dener, on the 9th of July, under the following cir-
cumstances t—Mr.Tomkinson was passing near Ken-
sington Church, about twelve o'clock on the day men-
tioned in the indictment, in a cart driven by his
daughter, a child about fourteen years of age, when
the defendant, who is coachman of the Windsor stage,
came by, and seeing hint asleep, cut him with his
whip, which be twisted three or four times round his
neck, and nearly strangled him • his neck WAS se.
verely cut, and so fast was he held, that the person
who drove the coach could not extricate the whip,
which was left behind ; the defendant immediately
left the coach, and came up to the cart to demand
the whip, which was refused to be given up by the
witness, and the defendant, in endeavouring to re-
gain it, lacerated the back of his hand.
On his cross-examination, be said he was on his
tight side; he could not say whetter the prisoner at
the bar was the m.en who struck him, as he was dos
ing, but" he was the man who demanded the whip,
claiming it as his property.
The daughter of the last witness said she was
driving at the time the coach passed, and her father
was asleep. The prisoner was the person who struck
her father, and who also came up and demanded
the whip.
Henry Wallace saw the whip round the ern wit.
ness's neck, which was marked with blood all round.

Mr. WALFORD, on behalf of the prisoner,. called
Captain Bradford, Mrs. Green, William Sim;4loA,
and Mit. Mayer, who proved that the defendant was
cot the person who &love. the coach at the time ; it
was driven by the proprietor.—the Jury found the
-jeiendaut guilty of the second assault, whets demand-
ing the and the Court sentenced him to three
days' imprisonment.