Star.
London, England, 1821-08-08 00:00:00

HAMPSHIRE

THE RING, ON THE PROSECUTION OR R. lIUMPRRETS,

V. C. T. GILL, G. YEOMAN, AND I. SMART.
This was an indictment tinder Lord Ellenborough's
Act, for shdoting at, and dangerously wounding, T.
Cambridge, a Gunner in the Marine Artillery.
It was sworn by T. Cambridge, and three of his
comrades, W.Cryer, A. Blake, and W. Conner, that,
as they were passing along Stoke-road, Gosport, on
the night of the 22d of January, they were attacked
by the prisoners, who took away a belt and cap from
them, and ran into a house belonging to Mrs. Fraker;
and that whilst they (the soldiers) were civilly asking]
for the articles they had lost, a gun was several
times fired at them from the chamber window, by
the last of which Cambridge was severely wounded.,
On their cross-examination, however, they admitted
that they had been drinking, and that some windows
in the house were broken, though they could not tell
by what means.
On behalf of the prisoners, it was proved that the
witnesses had spent the evening at Mrs. Fraker'sl
house, one of whom was G. Yeoman, her son-in-law.
When the party broke lip, witnesses intended going
part of the way home with Yeoman's father, who is
upwards of seventy years of age; just as they had
got out of the house they were knocked down by the
soldiers ; and upon hearing their cries the prisoners
came to their assistance ; a general scuffle ensued,l
and the soldiers drew their bayonets- and wounded'
Gill and old Mr. Yeoman ; the party retired into the
house ; the soldiers burst open the door, but were re-
pulsed, when they broke the windows; upon which'
Gill fired several times out of the window with
powder only ; but the attack being continued, ac-'
companied with threats of murder, some stones were
put into the gun, which wounded Cambridge.
The Learned JUDGE said, it was unnecessary to call
other witnesses ; if the Jury believed the evidence of
the two young women, and which he thought more
worthy of belief than the testimony of the four sol-
diers, who were evidently drunk at the affray, they
must acquit the prisoners.—The Jury immediately
assented, and they were acquitted.
J. Hughes was indicted for bre.tking into the house;
of J. Hickman, and stealing £1.5 in notes, £l7 in sil-
ver, and various articles, the property of the said J.
Hickman, and Mary Horwood, his housekeeper.
The prosecutor lives in a lone house, about a mile
from itomsey.
Mary Horwood deposed, that her master went to
bed about half-past eight o'clock on the 19th of June
last. In the night two men entered the house, one
came to her bed-side, and dragged her into her mas-
ter's room, where she was secured, whilst-the other
searched the house; they said if they made any noise
they would set fire to the house and murder them—
one had a pistol ; after she was in the room, the man
pinched her master by the throat, and he fainted
twice ; the man that stood over them snapped the
pistol twice a: the old man's head, and turning the
butt-end towards him, said he would beat out his
brains for not having told them where the money
Was concealed—they had found and taken the

money ;they had pinched the old man and made him
bleed ; threatened to come back and murder them
both if they made any noise, or gave alarm for half
as hour.—J. Hickman confirmed this testimony, and
the Jury found the prisoner Guilty—Death.
T. Reed, aged 21, was found guilty of breaking
the house of J. Hayter, in the Parish of Ibsley,
li
whilst the family was gone to church, and stealing
about £l5, including '29 halt-crowns.—Death.
The Juncia said, he should certainly leave him to
suffer the extremity of the law, as a warning, and to
protect the property of cottagers.
M. Thornton and J. Woodnot alias Brooks, for
robbing the house of Captain J. White ; J. Hughes
and T. Reed were left by the Judges for execution on
Saturday, August 18.
The following were also sentenced to suffer death ;
but were afterwards reprieved:
T. Sone, aged 40, for a burglary at the house of J. Henna, at
Fratton, Portsea ; H. Wilma aged 19, for breaking open the
house of W. Arta, in the Parish of South Stoneham, and steal-
ing divers articles; A. Smith, aged 22 (a soldier of the 51st Re-
giment, concerned with Thornton and Woodnot), for breaking
open and rubbing Captain White's house, at Poruea ; J. Bryant,
aged 18, for stealing wearing apparel of the value of five shil-
lings from the dwelling-house of R. Hawkins, in the 'Parish of
Crandall, no person being therein; H. Trowbridge, aged 17,
for breaking open the swelling-house of J. Pink, at Farnham,
and stealing several articles of wearing apparel; W. Woods, aged
50, and T. Wilts, aged 20, for stealing divers articles of wearing
apparel, of the value of five shillings, at Silborne.
T. Grant, a blacksmith, was indicted for using se-
ditious and treasonable words, opposite St. John's
House, Winchester, where a Ball being holden, a
crowd assembled, and he was heard to say, " D—n
the King:" and drawing his hand across his throat,
said, " If I could get at him, I would cut his throat."
He was very much intoxicated. When called on for
his defence, he put in a written paper, expressing his
contrition for the offence, and called his master, Mr.
Hobbs, to his character, Nho spoke well of him.—
One month's imprisonment, and to find sureties for.
good behaviour for three years.
W. Kemp, one of the Overseers of the Poor of the
Parish of Portsea, was indicted for forgery, with in-
tent to defraud ; and after a trial which lasted between
two and three hours, was acquitted, on the ground
that as the article (duck trowsers) which he had served
in for the use of the poor, and to which the alleged
iforged receipt related, was worth more than the price
charged by him, the evidence negatived the intent to
defraud, and the indictment felL A bill of indict-
ment was then found against him for a misdemeanour
and fraud, which he traversed until the next Assize',
having entered into recognizances, himself in £5OO,
and two sureties in £2OO each.
WILTSHIRE—SALISBURY, AUGUST 6.
HEATH V. CALLEY.

GUILDNALL.-LIBEL.-PRIVILEOE OF A WELCH
JUDGE.-A question of rather a singular nature came
under the consideration of the Sitting Magistrate,
Mr. Alderman VENABLES, at this Justice-loom yes-
terday.—Al:. Maberly, the Solicitor to Christ's Hos-
pital, had, in the course of his professional duty, di-
rected
a (circular relative to certain dues appertaining
to the Hospital) among others, to William Kenrick,
FAR. one of the Justices of the Great Sessions for
Cheshire and Wales, which the Learned Judge, mis-
taking it as particularly personal to him, had felt
offence at, and had replied in a letter to Mr. Ma-
berly in such strong and irritating language as bad
induced the latter, in justice to his own character, to
prefer an indictment against Mr. Kenrick for libel.
The Grand Jury at the last Sessions found the Bill,
and upon a certificate of that fact by Mr. Shelton,
Clerk of the Pea& for th, City of London, applica-
tion was made at this Office for a warrant to bring
the Learned Judge in to give bail to the indictment ;
and the execution of the warrant was intrusted to
Harrison, the Marshalman, who immediately went
off with the same to Mr. Kenrick's present residence,
near Ryegate. Harrison returned without his pri-
soner, and attended yesterday before the Magistrate
to report his proceedings. He stated, that he was
attended to Ryegate by one of Mr. Maberly's clerks,
who pointed out to him the person of Mr. Kenrick ;
and on stating to the Learned Judge the nature of
his visit, he replied, that he was ready to attend him,
but he must take him at his peril, as he claimed his
privilege, being a Welch Judge. He at first pro-
posed giving him (Harrison) an undertaking for his
appearance; he, however, subsequently changed hit
mind, and furnished him with a letter to Messrs.
Wimburn and Collett, his Solicitors, directing them
tei put in the necessary bail to the indictment.
Messrs. WIMEURN and COLLETT accordingly at-
tended. at the Justice-room yesterday, and offered
themselves as bail for Mr. Kenrick's appearance. A
question, however, arose how far it might be proper
to take bail to an indictment, without the defendant
being present to enter into his own recognizance at
the same time. Mr. Maberly's clerk, who was also
in attendance, said that there was no objection on the
part of Mr. Alaberly, and it was suggested that Mr.
Kenrick might enter into his own recognizance be-
fore any Magistrate in the nei ghbourhoodwhere he was.
Mr. Alderman VENABLES said, " But I object.
Here is a Gentleman claims the privilege of not at-
tending to the warrant of the Magistrate. Has he
such a privilege? If not, I see no reason why he
should not be obliged to submit to the law as well as
persons in a lower station of life."
Mr. WIDIBURN said, certainly, under the present
circumstance, Mr. Kenrick could claim no privilege.
He was a Welch Judge, and had he been going on
his Circuit, nothing could stop him ; but the Circuit
did not commence till the 17th of this month.
Mr. Alderman VENABLES....--" Then I see no rea-
son why Mr. Kenrick should not attend the warrant
of the Magistrate. Mr. Kenrick must attend."
Mr. WIMBURN submitted that as the prosecutor
consented that bail should be given for his appear-
ance, there could be no objection. It would be put-
ting Mr. Kenrick to much inconvenience to come up
on purpose.
Mr. Alderman VENABLES said, in this case there
were three parties—the prosecutor, the defendant,
and the Magistrate who granted the warrant ; and
however the former two might agree, some respect
was due to the Magistrate. It was due indeed to the
proceedings of the law. The warrant of the law
must be obeyed Mr.Kenrick must appear personally,
and he as a Magistrate should feel as his dui not t
take bail to the indictment unless he was present.
Mr. WIMBURN said, Mr. Kenrick would be in town
to go his Circuit on the 16th, and he should then ap-
pear and enter into his recognizance.
The Magistrate replied, he saw no reason for that:l
Mr. Kenrick had refused obedience to the warrant on
the supposition of a privilege which he had not. He
had no wish to put Mr. Kenrick to inconvenience,
still less to do anything to hurt his feelings; but he
saw no reason why the warrant should not be execit7
ted in the usual way.
Harrison was accordingly ordered to go down
again with the warrant, with directions from the Ma-
gistrate to pay every persim it respect to the Learned

This was an action brought by the plaintiff, who
is a retired attorney, lately residing at Chippenham,
and who, at the general election in 1818, was the
agent for the defendant, who was at that time an
unsuccessful candidate for the borough and hundred
of Cricklade. In that capacity, including cash paid
out of pocket, the plaintiff made a demand on the
defendant of £317 16s. 9d. of which the sum of
£Bl 19s. 3d. was a lumping charge for the personal
services of the plaintiff, partially during the canvass,
and wholly during the poll, which lasted for six days.
—Mr. Broom Pinneger, the successor of Mr. Heath,
proved that he had delivered the account to Mr. Cal-
ley, and that the latter had expressed his satisfaction

at everything, except •Mr: Heath's Men* diliftil/21.1iidge; but at the same time to require his appear-
which he thought too little, saying it ought to be ance to give bail to the indictment.
£lOO. Of the sums paid out of pocket by desire of I Massrom-Hotisz.—Several fishermen ht
the defendant, there was ore to a coachmaster of nine up before the LORD MAYOR, by Mr. Howel, 'the
guineas per diem for a coach and four, exclusive of Water Bailiff, on charges of having used uniawfill
turnpikes and coachmen. This charge was spoken nets in the Riier, by Blackwall. The nets, it was
to by the coachmaster, who, on the Judge asking him stated, had been extensively used in catching spawn
whether he expected to be paid that sum ? said that or white bait, and in the destruction of the smaller
election expenses were not alwiys paid! On the breed of fish, for the purpose of scaling them—a de- •
' part of the defendant, witnesses were called to prove te,table practice, that has become very prevalent lat.
that £125 had been paid or. account ; and an attempt terly, of depriving the fish of their scales for the pur.
was made to prove a further payment, by a bill for pose of selling them to the manufacturers of muck
£l5O, but this failed ix ido. It was likewise at- pearls. The fish, it was stated, after being scaled, are
_
tempted to be shown that the sum of Is. was paid often thrown again alive into the water, being too c
for treating the voters, and was therefore an-illegal much mutilated in the process to be saleable.
payment. Some reflections were also thrown upon The Loan Mayon condemned the nets, but re-
Mr. Pinneger, for the part he had taken in the busi- mitted the penalties in consequence of the extreme
ness, by having, as the solicitor of Mr. Calley, pro- poverty of the parties.
mired to Mr. Heath the means of sustaining his cause. Destroying of Fish in the River Thames.—A water.
Further, that at a dinner on the last day of the elec- man was charged by' Mr. NELSON, the Deputy. ;-
tion, Mr. heath had declared his intention of not Water-Bailiff, with having used unlawful engines
making Mr. Calley any charge at all for his unsuc- for the destruction of fish in the River. Mr. Nelson
cessful services in the election. stated, that in consequence of complaints which Inid
Mr. Serjeant in his reply, repelled the insi- been made to him by the fishermen below Greenwich,
nuations that had been cast upon Mr. Pinneger, and that the watermen in that neighbourhood were in the
contended that his client was entitled to the full 'll.rbit of making use of engines tor the destruction (.i.
sum, deducting what had been proved to have been salmon in an unfair manner, which, he said, the
paid on account. fishermen would describe to his Lordship, he cent
down there, and on being discovered by a number of
watermen who were collected at the place where the
Mr. Justice BEST, who had, from time to time,
depredations were commitled, they rowed off in all
during the progress of the cause, recommended a
es '
reference, left the cause to the Jury, saying that all
the parts of the account were proved, except the
,di ections. He overtook several before they could
with Which they effected their object, which he
personal bill of the plaintiff; and that he conceived get out of his view, and found in their boats the en-
neither party was to be bound b.y the loose espies- g
produced to his Lordship. They were long stave,.
with large and sharp barbed books fixe.i to thei;
sions relating to it. It would be, however, for the
Jury to say what were the value of Mr. Heath's ser-
The Bar of the Justice Room was crowded '
vices, when he suffered his client to pay so enor- ends-
with fishermen, each of whom appeared ready to enter
mous a charge as nine guineas a day for the hire of,
a coach. As no particulars of the demand had been into long details and complaints, not only against the
w
delivered, it was for the Jury to say what Mr.Heathatermcn, but against other enemies. They, however,
ought to receive. The Jury consulted for a few in substance stated, that the River had lattiy been
minutes, and then returned a verdict for the plaintiff visited by salmon in more than usual plenty, an.
that the fishermen below had in consequence been all
for £l6O 17s. Gd. deducting the payment made, and
allowing the plaintiff Cal 10s. instead of I.:81 19s. 3d. activity, and nets were numerously laid in the River.
'the other cases were entirely of local interest. But the watermen in that quarter appeared disposed
to participate in the profits of the fishermen's labours,
and had travelled out of their avocations to commit
depredations in a most unjustifiable manner on the
complainants property, for which purpose they used
the poles that were exhibited before his Lordship.—
In the course of their labours they were continually
rowing over the nets laid by the complainants, and
whenever they found there were any fish, they struck
them with their engines, and rowed off with them.
It was not on those occasions alone that they woulu
'take out the fish, but they often rowed deliberatek
to the different nets to examine their contents, and
if there were any large fish in them, they would take
them out before the face of the owner of the net.
and row off. The complainant, it was stated, Inv;al.
much heavier boats than the watermen, had no
chance of overtaking them, or if they did on any
occasion come up with them, the watermen, instead
of restoring the property, would but laugh at their
demands, and would often bi the first in the marke.
to undersell the complainants with their own fish.—
The complainants put it to his Lordship whether a
system so nefarious and injurious to them could be
endured ? and they trusted they should have his
powerful protection from it. It was added, that a
serious number of fish were destroyed by this prac.
tice, without benefit to any one, inasmuch as many
' fish were wounded and escaped, and wliich died im-
mediately after. It did not appear, however, that
there was a sufficient case against the prisoner, in
whose boat one of the engines had been found. Ile
was discharged with an admonition by the LORD
Mayon, who expressed his determination to use his
best endeavours to put an end to the practice. His
Lordship ordered several of those who had been
identified as having been conetTned in-the practice,
to be brought before him, and he desired that the
Water Bailiffs should keep a sharp look-out for the
protection of the complainants against the offenders.

The following instance of the expertness of thieves
ought to put persons who are in a crowd upon their
guard. A Gentleman who was in an auction•rooni
last week, in Glasgow, happening to take a snuff, a
person at some little distance requested one, and,
while reaching forth his hand to give the man his
box, he had his pocket picked of his pocket-book,
containing several £1 notes and two bills, one of,
AIM, and the other of .1.:100. • The pocket-book and
bills have since been found in North Albion-stieet,'
but the money was gone. There is no doubt that the,
person who asked the snuff was an accomplice.
. _

BIRTHS.
July 30, at Langton Manse, Mrs. Brown, of a daughter.
July 14, at Manse of llobarrn, Mrs. Forbes, of a daughter.
Saturday, at Cumberland House, Weymouth, the lion. Lady
Charlotte Sturt, of a daughter.

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----

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LONDON Printed and published by Ism. Koff, rici"?'

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