Star.
London, England, 1816-01-18 00:00:00

comes 01 ICING'S BENCH, JANUARY 17.

LEY V. TURIN.
Mr. MARRYATT and Mr. GURNEY shewed cause
against a rule obtained by blr.Virm.Fono in last terns,
For setting aside the verdict for the plaintiff in this
case, and entering it for the defendant. It was an
action of trespass against the defendant, a Magibtrate
of the county of Essex, for seizing the plaintiff's gun,
and converting it to his own use. The cauie was
tried at the last Summer Assizes, held at Chk•Vaisford,
before Mr. Justice Lk Btatic, whin a vet,.act was
found for the plaintiff, damages one shillrog. The
principal question at the trial was, whi.:ther a gun
came within the description of engine:, roesitioned in
the Statute of Anne, for the destioctior, of game ?-1
It appeared. that the defendant had issued 'a warrant
for seizing the plaintiff's gun and dog, upon rim/a-
ches of his having used them to destroy game—
commanding the constable to seize and bi ing away
any gun or dog he should find on the plaintiff's
premises. There was no evideace offered of the
plaint id's having used the gun in question for the
purpose suspected ; all that amieared was, that lie
kept a gun and a pointer, awl used to shoot; but it
did not appear that he shot.
Mr. MARRYATT and Mr. GURNEY contended, that

this warrant was insufficient to justify the conduct 01
/he defendant, unless he could prove by distinct evi-
dence, not only that the plaintiff had destroyed game
unlawfully, but had committed the offence with this
particular gun. A gun was not an engine within the
meaning of the statute, unless it was used for the 1111-
lawlul destruction of game. They cited as express
authorities for this point, the cases of Wingfield v.
Stratford, I Wilson, 5.; and Rex v. G4rdiner. An-
drews, 256.

Mr: WALFO/11), in support of the rule, said he was
in
.a condition to have proved the plaintiff's convic-
tion ; but he conceived it was justly assumed, by the

fact of the issuing of the warrant. -
Lord ELLENSOROUGM—You. ought to have pro.
duced the conviction, or evidence to induce a con-
viction ; but in this ease there is neither one or the
other. The plaintiff is only suspected. I dare say
the fellow is a great poacher ; 1 have no doubt about
it; but we must have legal evidence of it..-Rule.
discharged.
OiLD BAILVY.
Yeitetday U'm. Golding Knit stood indicted for
stealing, on Tuesday the 2d of January, four small
loaves,. value 14d; the property of Walter Steele, a
baker, ar No. 49, New James-street, Maty-la-bonne.
r The prosecutor stated, that at nine o'clock of the
evening in question, his shop not being shut, his
daughter got up from the .paalour and called out
"stop thief." The witness ran into the street, and
law the prisoner in the custody of the watch. The
was searched, but nothing found upon him.
t:°tnneesr
Witness missed four loaves. duet of which bad been
picked up and brought to him.
Sarah Steele, daughter of the lasrwitness, saw a
'llan run out of the shop, called" stop thief," and
the man was stopped ; before the witness lost sight
of him, saw the loaves thrown away ; witness picked
up two of them, and the prisoner said," you are
-mistaken."
Benjamin Bradshaw, a shoemaker, saw the prisoner
throw away two or three loaves.
The patrole and the constable of the night can.,
firmed the evidence of the other witnesses.
COMMON SZIUNANTIhen summed up the evi•
dente, and the Jury found the prisoner Guilty of
stealing onl,

Mary Welk stood indicted for stealing, od the SOdr
co December, a silk handkerchief, the property.
George Park.
Anne Park kept a habetdashet's shop, 186, irsh

• •
fialbtirp ;pkiioner note into the shop about seven in
the evening, and offered ss. Sd. for a hindkerchiet,
which was refused. She then dropt alter, which she
vial a tong time in picking up, and was.gtiing away
without. buying any thing : witness told. her to stop,
shook her cloches, and a calmed silk handkerchief

fell to the ground; prisoner endeAvonred to run nut,
and threatened to break the windows if they would

not let her go.
Elizabeth Thornbury who assisted in the shop, con-
firmed the evidence of the fast witness; and the Jury
found the prisoner guilty of stealing, but not privately,
which does away the capital offence.
The COMMON SERJEANT observed, that as the pri-
soner seemed to be an experienced hand, it would not
be proper to let her remain in the country.
Charles ilafron was capitally indicted for assaulting
S. T. Bull, and taking from him his gold watch-
chain, value five guineas, a gold seal, and a ring.
Mr. Bull, the prosecutor, resided in Holles-street,
Cavendish-square ; last Thursday, betwixt twelve and
one o'clock in the morning, he was returning from
the' Freemasons' Tavern, where he had been dining
with some friends; there were three in company,
himself, his brother) and a gentleman of the name of
Du Puis, his friend ; his friend and himself had each
a hold of his brother by the arm, who was much in-
toxicated • witness had been drinking, but was per-
fectly collected ; at Blenheim steps, saw three men
coming towards them, who passed them, and a little
after they came baci, and said that witness and his
friends bad ran against them ; witness said, if it was
so he was sorry, and that they must see the state in
which the young man with them was ; they however
followed and abused them ; the witness raising his
hand to his friend's shoulder, felt his watch pulled out
of his fob : he brought his hand down and caught it ;
the prisoner and witness both pulled, and the chain
broke; witness pursued the prisoner, who turned
round Winslow-street, and came back in a little time,
when he (the witness) stood in his way, and endea-
voured to trip him with his font ; the prisoner ran
against him, and both fell; the watchmen then came
up, and the prisoner was sexed, but the things were
not found.
M. de Puis corroborated the evidence of the last
witness; and the patrol:: stated Lis having taken the
prisoner into custody.
Several witnesses were called, who gave the priso-
ner an excellent character ; when the Jury found him
Guilty, but recom mended him to mercy on a‘couitt
of the character lie had received, in which the prose-
cutor Most earnestly concurred; stating, that upon
enquiry, be had every reason to believe that the pre-
sent was his first offence.

The eouseos &iaa am. said, the recommendation
of the prosecutor and Jury should undoubtedly be laid.
befo're the Prince Regent.
J. Baptiste, a negro, a native of Martinique, stood
Vidicted for a burglary io the house of J. M.Cormick,
a publican, in the patish. of St. Pa..i's, Shedvrell, on
the 23d of December, and stealing 15s. 10(1. in cop-
per money, and two gallons of ruin, value 30s.
The prosecutor stated, thiit his daughter having
heard a noise in the house at an ea:ly hour of tl.e
waning, he hid struck a light, and going down
stalls bad found the prisoner, betwixt five and six
o'clock, with the property about him. Witness pre.,
se . :ed a pistol, and said if he stirred, he would shoot
him. When witness want to bed every thing had
been licked up ; the property was found about the
person of the prisoner ; the bar had been entered by
the shutters being forced up, the lock of the till had
been picked, and the back door, stood open, which
having been bolted, and the bolts not forces!, must
have been entries' from within; a keg of sprits was
(mind under the prisoner's arm. Had no doubt the
prisoner had been all night in the house.
• Morris, a watchman, stated his having seized the
prisoner with the property in his possession.
The COMMON SEIIJUANT informed the Jury, that
the offence charged against the prisoner, though not
a burglary by the common law, was a burglary by the
statute. 'By the common law, it was necessary to
prove a forcible entering into the house, in order to
constitute the crime of burglary : but by the statute,
though no forcible entry had taken place, yet it a for-
cible exit could be proved, that constituted the crime
of burglary, and in a legal sense the undrawing of a
bolt was forcibly going out.
The Jury returned a verdict of Guilty—Death.
P. Mazzuchi stood indicted for stealing a quantity
of ribband, to the value of 85, the property of C.
Mathew Bonachy. The prosecutor, an Italian, lived
in Nassau-place, Ccmmercial-road, and the prisoner,
also a foreigner, had been his servant. Having sus-
pected the prisoner of having stolen his property, he
searched his lodgings on the 16th of December, and
found 250 yards of ribband.
A Woman of the name of Buge stated her having
received some ribband: as a present from the priso-
ner, which the prosecutor claimed as his property.
The otic....r who searched the lodgings produced a
box containing 226 yards of ribband.
Catharine Cr.:ce, the prisoner's landlady, stated,
that he had applied to her to dispose of the rihbands
for him, which he *ad received from a friend from
abroad. .
The pr9secutor identisled the property, and, from
his check.book, believed t'i.e prisoner to be in his debt.
The prisoner, in x writtau defence, said he was a
foreigner, and wholly ignorakt of the law of England;
th;t IA master being in his dell% and understanding
that he meant to leave the counts?, he was apprehen-
sive of not being paid, and had ts.
Nerefore taken so
much ribband as was equal to two-th;Zds of the wages
ohie to him: had he been disposed to dial, he might
have taken a much greater quantity.
Francis Buge, the prisoner's landlord,. gore him a
d character, and the Jury returned a verdict of—
t Guilty..
On Tuesday evening Anthray Mackarot was again
'indicted on a charge of forging a bill of exchangc‘for
*l2OO, with intent to defraud J. Dougan, Esq. kV.
GURNEY, Counsel for the, prosecution, declining tt,,
bring hirward any evidence, the Jury, under the di-
rection 9i the Itscomosa., acquitted the prisoner.

ROM?* COACH/We...404a Hafrito who was only
' liberated from the House ofCcm-ection, in Coldbath-
field', fast Thursday morning, alter the expiration of
two years' imprisonment, for a rubbery, was commit.
ted tothe same prison, cm the following day, for the
robbery of the Salsbury COll6O. Be will undergo a
further examination.