The Statesman.
London, England, 1824-02-17 00:00:00

THE STATESMAN

his tears and misfortunes for their support ; and, while he
was in this state, Parkins wanted the Jury to believe that
he took him as a solvent tenant, at a rent of 104/. a-year.
He (Mr. Phillips) had seen many cases of injustice and
fraud, but it was for the Ex-Sheriff to give the example to
wealth pilfering from charity and misfortune, while boast-
ing of being the champion of injured innocence. Byrne
bought he had met with a good Sam aritan, but all the Ex-
Sheriff's professions were but the false dice with which he
gambled for popularity, and after he bad obtained it, he
charged Byrne with all the cost of the acquisition, and a
profit for himself. It would be proved that Parkins ad-
mitted lie had received 300/. for Byrne. after which he re-
ceived 5/. from Sir Francis Burdett. By his set-off, be
says, he disbursed all ; but it would be proved that he gave
as a reason for not paying Byrne, that if lie got the money,
he would abandon his family, thus adding slander to injus-
tice. Ile hoped the Jury would, by their verdict, show
that they were not to be imposed upon by the set-off of the
Ex-Sheriff, that their verdict would take from him the
public money with which be was entrusted, which trust
he had abused, and would give to the poor man what the
public benevolence intended he should receive, and would
shew to all, that in this country character is only to be
raised on the bases of honour and virtue.—[On the conclu-
sion of this speech, a burst of applause took place.]
Charles Scott examined by Mr. Battesby.—l was in the
employment of Mr. Parkins, and left bins for some time
but returned in October, 1822 ; 1 had then a conversation
with him about Byrne. Mr. Parkins and the subscrip-
tion for Byrne was going on wonderfully, he hail then
received about three hundred pounds; Sir Francis Bur-
dett after that paid a subscription of five pounds; I fre-
quently after saw Byrne and Parkins together, in Jan. or
February 1823. Byrne demanded the money from Per-
kins, who replied that he would dispose of it as he thought
proper—he could obtain for him a Pimlico stage. Byrne
said he wanted the money to establish a public-house. I
never heard Parkins say that Byrne was indebted to him.
Lemoine was clerk to Parkins in November, 1822 there
were fifty or sixty British Traveller newspapers brought
to the office, and sent to the country to Mr. Parkins's
friends; they contained an account of the dinner given at
the Horns Tavern, and a mark was made on each paper to
direct the attention to it. I was at the dinner ; there were
a great number of persons present.
The witness was cross-examined by Mr. MATMTATT,
and stated that an account was kept of the sub-
scriptions received, but he did not know that any
was kept of the disbursements. Ile did not think
Mr. Cobbett took any part in promoting the dinner.
Mr. William Cobbett examined by Mr. Put LLIPS I know
Mr. Parkins, and have had several conversations with him
on the subject of a subscription for Byrne. I had one in
Sept. 1822, before Byrne arrived in England. Parkins
said be had written to Dublin. and proposed to send 1001.
to some newspaper editors there for Byrne. I expressed
my surprise he lia,l got so much ; he said he bad then
about 1501. Earlyin the month of Nov. 1822, I saw Mr.
Parkins. and inquired how Byrne maintained himself? and
then told Parkins I had a friend in the country, where I
could place Byrne, where his expences would be very lit-
tle, and I would pay it out of my pocket. Mr. Parkins ob-
jected, and said Byrne was living in a building of his,
which would cost him nothing for rent ; he also objected
to Byrne's going to the country, as be wanted him to go
about with him to hold meetings to raise money.
Cross-examined by Mr. MARRITATT: At the time of my
first conversation with Parkins, I heard nothing about
coach and horses; I never wrote to Byrne ; I had no con-
sultation with Parkins about bow he should dispose of the
money ; my plan was to raise 3001. for Byrne, and to give
it to biro at once to set up a public-house, or take stables.
By Lid Pat What I gave I meant should go toßyrne.
Catherine Byrne, examined by Mr. I3ATTIIRSBY.-1 am
daughter of the plaintiff; I remember Mr. Parkins coming
to my mother on the 20th of May last; he gave her a
paper (paper produced). 1 lived with my father in the
house; Mr. Parkins put him in; there was a bill on the
place to let it.
On her cross-examination, she said she did not know bee,
father meant to keep a livery stable. He received hay and
straw for Mr. Parkins. Letters produced are my father's
writings.
The paper produced by the witness, as given to her
mother by Mr. Perkins, was then read; it contained •
statement of English subseriptioos, amounting to 1211.
fis. 011
Mr. Robert Bell, examined by Pilis,ups.-1 know
Mr. Parkins very well; I have had a great many eonversa-
Mons with him on the subscription for Byrne; lie alivays
declared to me that lie had received considerably more
than he gave Byrne. The reason he gave fur not paying
Byrne was, "Do you tbink I'd give the scoundrel the
money, that was going to quit his wife and children and
leave them chargeable on some parish ?" Mr. Parkins
said, he had done better for Byrne than getting him •
coach and horses; he bad employed him to take care of his
stables, and he was then in his employment.
Cross-examined by Mr. Slaaitearr.--Thinks it was in
March last, Parkins said he had more money than he paid
Byrne.
The case for the plaintiff closed here.
Mr. MARIITATT addressed the Jury for the defendant.
It was evident, he said, the action was not brought to re-
cover money. The speech of the Learned Counsel was full
of invective against the plaintiff. Mr. Parkins bad ren-
dered an account of every shilling received down to Slay
last, and no human being was called to prove one shilling
paid for which be had not accoisnted. There was also a
subscription in Ireland and York, which might make
Parkins say it was going on well-3001. subscribed; bat
he had it not in band, and if there was any defalcation
it would be easily made appear. Ike would discharge Par-
kins of the 1511.—he received a much larger sum. The
collection ceased, as far as Parkins was concerned, in
April 1823, and lie received none after. The Learned
Geutleinan here read a letter from Byrne to Parkins, is
which he said, " I cannot express my gratitude, and bag"
you will continue to receive the subscription of which rout
are the father." Different plans were in contemplation foe
providing for Byrne; one was, keeping a livery-stable,
where it was supposed Irish friends would keep horses; be
did actually buy hay and straw for the purpose, and
receive them is the premises he held from Parkins, and
for which Parkins had 90gs. a year from the Royal Ex-
change Insurance Office before he let it to Byrne. He
would not inquire whether Byrne was put into the pro-
mises as a tenant, but there certainly was a time when be
was so considered, both by Parkins and himself, and there
was but half a year's rent and taxes charged. Mr. Par-
kins calculated on receiving more than 3001. when be bad
the conversation with Mr. Cobbett, but he was disage
pointed, and be bad given Byrne, and paid for him, mows
than be had received, and instead of pocketing any Wog,
was considerably is dvance, as he would prove.
Louis Lemoine examined by Mr. Aecimoi.o, stated'
that he bad been employed by Mr. Parkins to make out
Byrne's account; there was an account of the receipts and
disbursements kept in one of the books in the defendant's
office.
Cater interim—Was the defendant following any bu-
siness at the time ?—We kept books for taking up the
cause of injured individuals. (A great laugh.) There
was a payment made for Newspapers to send to Ireland :
and two pounds a week aas paid to Byrne for some time.
Mr. PHILLIPS said he was perfectly willing to admit any
payments made to Byrne.
The witness proved several payments, one of which was
nine pounds six shillings to himself for keeping Byrne's
account. Byrne occupied Mr. Parkins's house and stables
for some time after he came to England; for two or three
months to witness's knowledge. Byrne asked witness if
a knew what rent he was to pay? Witness replied he did

not, and advised him to ask Mr. Parkins. He said he
could not find an opportunity, hut let Mr. Perkins charge
him what he would, he'd pay him. Byrne told witness he
bad got an estimate of alterations to be made in part of the
premises, to make a coal shed for his wife to keep.
Cross-examined by Mr. PHILLIPS —1 was abort 8 or 9
weeks employed by Parkins on Mr. Byrne's business. Byrne
complained to me that he could not get money from Par-
kins: he never said, that when he said to Parkins that if
he gave him the money his prayers and his family's would
go up to Heaven for him ; Perkins said, d— you and
your prayers. Witness here admitted a letter, produced by
Mr. Phillips, to be in his hand writinz, and then admitted
Byrne had stated to him the answer from Mr. Parkins in
the former question, and also told hint that be bad proposed
to Parkins, if he would give him the balance he wuuld be
done with 'him. Mr. Parkins had a great deal of general
business, writing and answering letters to noblemen and
gentlemen. Part of witness's business was going after the
tin boxes where the subscriptions were received. Byrne
'bad neither coach nor horses at the stable. Did not see a
till on the premises. Mr. Parkins made up the money wit-
ness received for doing Byrne's business, 101. or 111. ; he
wrote for Mr. Parkins when he wanted him. The entry of
91. Ns. to witness, in the hook, is not in his hand-writing;
he does not think it is Parkins's. Re-examined: Byrne
never complained to witness that Parkins would not pay
him, till after witness had left Parkins. Byrne said he
was in expectation of horses.
Henry Taylor, examined by Mr. KrrowLes.-1 was
Mr. Parkins's clerk in January 1823, and frequently
paid money to Byrne, of which 1 made entries in the
general day book ; he also saw money paid by another
clerk, ansountina in the whole to 21. a-week, for twenty
weeks.
Mr. PHILLIPS said he would admit payments to that
amount.
Witness : 1 heard Byrne say lie entered into Parkins's
premises with the intention of keeping livery stables ; he
requested Mr. Parkins to write letters to gentlemen to keep
thiir horses with him ; witness wrote such letters after-
wards at Mr. Parkins's desire. Besides the two pounds a
week to Byrne, Mr. Parkins paid several sums on his ac-
count for advertisements, postage, &c.
Joseph Gill examined by Mr. MennvaTT.—Was clerk
to Mr. Parkins; paid taxes on the premises held by
Byrne.
Cross-examined by Mr. PHlLLlP3.—Witness is a valet and
brother-in-law to Mr. Parkins.
Joseph Stephenson knows Mr. Parkins's premises, in
Riding Hoosr-lane; they were let for 90 guineas a year,
from 1820 to 1822, to the Royal Exchange Insurance Com-
pany ; Byrne occupied them about •ix months. Charles
' Swift, a clerk of Mr. Perkins, proved payments to Byrne,
and on his account.
A Clerk of a banking house proved that he received
subscriptions for Byrne; the first was paid by Mr. Parkins;
the whole amounts to 1141., which was still in their hands.
Mr. Mayor, a surveyor, proved that he was sent by
Parkins to value the premises in which Byrne lived;
Parkins told him be had brought Byrne over from Ireland,
and put him into that house to keep it for him.
On his eross-examination, the witness was asked, did he
not tell Parkins he was employed by Government to buy up
the Princess of Cumberland's rapers, and bad offered her
25,0001. for them? He replied, Nonsense! Mr. Perkins
knows more of the Princess of Cumberland than 1 do (a
laugh). The defendant's case closed here.
Mr. Plow's shortly addressed the Jury on the evi-
dence.
Toe Curer Juana read over the evidence to the Jury,
leaving it to them to decide whether the defendant had ac-
counted for all the money be had received for the plaintiff's

use.
The Jury retired, taking with them all the papers, and
in about a quarter of an hour returned a verdict fur the
plaintiff-194/. 48. 4d.

LONDON SESSIONS.—MoNDAY.

These Sessions commenced this morning before the
usual Civic Officers, Mr. Common Sergeant DINMAN pre-
siding.

ATTEMPTED RAPE.
John Hughes, a man between sixty and seventy years
of age, was indicted for assaulting and attempting to vio-
late the person of Eliza► Le Ileare, a little girl only six
years of age. Tae evidence of the child fully satisfied the
Court of the guilt of the accused. The details were too
disgusting for publication. He enticed her into his hed•
roam and put her into his bed, and the consequences of
his outrage upon her persurawere fatal to her health.—The
prisoner was found IJuilty, and after en address from the
Learned Judge upon the enormity of his crime, be was
sentenced to twelve months' imprisonment, and to be kept
to hard labour.
James Dean. a very dashing-looking young tailor, was
indicted for assaulting a brother ninth-part, under the
following circumstances :
The defendant was indebted to the Complainant to the
amount of one guinea, and finding
.a difficulty in getting
paid, he summoned him to appear to the Court of Consci-
ence, at which time the prisoner paid on account Ss. but
failing to pay the balance, execution was taken out, and
the Defendant was sent to the Compter. After lie had
been there for some time he sent for Complainant to call
upon him. Complainant went, and very soon afterwards,
sans cereasonie, was very uncouthly placed under the
pump in the prison yard, and pumped upon in a most
dreadful -origin et'.
The Jury found the prisoner guilty, and lie was sentenc-
ed to be imprisoned for two months, and kept at hard
labour.

MIDDLESEX SESSIONS, Monday, Feb. 16.
—-

These sessions commenced to-day before Mr. CONIT, and
a bench of Magistrates. •
Thomas Clifton was indicted for an assault. with intent
to commit a rape. upon Martha Mayhew.
The prosecutrix. an artless young woman, 18 years of
age, came from Ipswich to Landon, a few months ego,
with a recommendation to Mr. Wiley, of Camden town,
who took her into his service as nursery maid. On the
day laid in the indictment, Mr. Wiley and his family went
to spend the day with a Mr. Jones, in Finsbury-square. At
8 o'clock in the evening, there not being room enough in Mr.
Wiley's vehicle. be sent the prosecutrix home by a Padding-
ton stage, on which the defendant sat as cad, or assistant
to the coachman. The prosecutrix desired that she should
be. put down at Totten:ana court-road ; instead of which
she, not knowing the different parts of the town, was ta-
ken on to Paddington. Upon boding herself there, sbe
remonstrated with the defendant. who told her that he bad
brought her on. because he wished her to ride with him,
hat that be would return immediately, and set her down at
the place she had mentioned. Instead of which, however,
before she knew where she was, she found herself at the
back of the Sank. Here again she remonstrated,
and received a similar answer, with another
assurance, that she should be set d.wn st Tottenham-..ourt-
road on their return. This assurance was also disre-
garded, and the prosecutrix once more found herself
in the coach-yard at Paddington. The defendant
again excused himself, and said he was turning
to the Bank. and would positively set her down
then. He told her, however, that be was about changing
bores, and bidding her get into the coach, be set about
taking the horses from it. She at first declined getting
inside, but it being then eleven o'clock, and be repre-
seating to her that she would take cold, she went in. As
soon as the defendant put up the horses, he got into the
I coach. and proceeded to accomplish his brutal purpose
I She struggled for some time until she fainted, and upon

recovering she was alone in the coach. The defendant
came to the coach-door and let her out, and ['nein ac-
companied her one hundred yards, she got into a hack-
ney-coach ; and as soon as she reached home she informed
her mistress of all that had happened to her.
The defendant was found Guilty, and sentenced to twelve
months' imprisonment and hard labour in the House of
Correction.
Ateo•reen ASSAULT —Richard Lilley was indicted for
assaulting Elizabeth Stertford, with intent to commit a
similar offence to that imputed to the last defendant.
Mr. CURWOOD conducted the prosecution, and Mr. Ax-
DRIMS the defence.
The prosecutrix, who is a widow, stated, that on the
29th of Dec. last, the prisoner went to her lodgi'igs, in
Windmill-street, Spitalfields, and, after fruitless solicit -
tions, endeavoured to effect his object against her will.
She resisted him successfully, and he went away, declaring
that she had not the nature or the feelings of a woman
about her. She told her brother what had occurred the
next day, and the defendant was taken up.
• Two witnesses were called for the defence, who &sea-
' rd the conduct of the prosecutrix as having been indecently
r familiar with the defendant before the alleged assault, and
in consequence, the Jury pronounced a verdict of Nut
Guilty.