The Statesman.
London, England, 1823-04-04 00:00:00

__,.l

THE

SURREY LENT ASSIZES.

KING STON-UPON-THAMES.—TnuaIeaT, Aran. 3.
JONIA tt. NILSON AND OTIICAL
This was an action brought to recover damages for
forcibly entering the plaintiff's house, aid taking from
these. a consi ersble quantity of household furniture.
Mr. Mai stated the case to the Jnry. The plain-
tiff was the occupier of a house situated 16, Salisbury-
Crescent, near the Kent-road, which be rented of a Mr.
Bradbury. The defendants, Wilson. an upholsterer;
Penitam, A furnishing ironno tiger ; and Turner, a look-
ioe-glass manufacturer, hail in October last supplied the
ptaimilf with a quantity of I.oosehold furniture. On the
25th of that month, however, the defendants, with • nu-
nu runs hods, of people collected in front of. Mr. Jones's
house. Admittance was demanded, which being refused,
the doors were broken open, and the house entered. The
fornirtire was speedily removed from the premises, some
he'll let down (torn the windows, and the rest taken out
at the door. it was for this conduct, the value of the
property, and the injury done to the house, that the ac-
tion was law brought.
Francis Sevien called and examined by Mr. Sergeant
Less.-1 reside at Salisbury-Crescent, Walworth. On
the 25th October, ahont nine in the tnernino, I preset! by
the plaintiff's house; 1 saw there several perilous trying I
to open the outer gate, in which, after a short time, thev
succeeded. The door was broke n open by force. The
defendants and others entered. The goods were brought
out by the persons assemblrol, seam of them were put out
at the u in,iow. At this time there were about 30 persons,
afterwards from 200 to 300. A person looked out of the
window, and the derendant Wilson said to him. " Come
down and undo the door, you swindler'." Then ad-
dressing the mob, be said, 1* there is a nest of swindlers
here."
Another witness was put into the box to give a similar
account; but, Mr. GURNRY swing that it was not his
int• idiot) to disputa the facts as already proved, he with-
drew.
Sampson Marshal called and examined.-1 lived at the
plaintiffs home. and occupied a few reonis. The plaintiff
slid not take his weal in the house; he or one of his bro-
thers osnally slept there at night. 'fun or three days
previous to this transaction, I observed some persons
walking hat kwards and forwards in front of the house:
1 thought for the purpose of recoonoitring.—(The wit
tress then repeated the account of the first oitness, some-
• o hat inure in detail.)
A surveyor was called, who proved the damage done to
the house to ansount to 19/.lls. 6tl.
Mts.. Bradloney. called and examined by Mr. Am: menus
—I am the trite of the plaintiff's landlord. Tbedefendant
Wilsohlold me, in October last, he had made inquiries
respecting the plaintiff, and he should have no objection
to furnish the hme. He said Jones had paid him some
money on sccount of the furniture. Jones oats going to
be waryied. 1 saw the drfeielant Wilton la,t Monday ;
he inquired of we if it was Mr. John Jones or Mr. Philip
Jones who had taken the house ; 1 told him Mr. Philip
Jones, the plaintiff. 1 saw the defendant Benham
short time since; be said he sitintlfflose the verdict,
ansi it would cult Sim one Ifendlidletinds, but he did
not wind it.
An Invoice was pnt in, dated the lit', :net., 1921.
Mr. GuoNeY6 for the defendants, addressed the Jury.—
Ity represented. be said, three very rlrspeetable tradesmen,
wino bad sustained considerable lost In coosequenee of the
fraud which had heeu practised en therm by the plaintiff. of
whose conduct they would .1444 e-better slier they hnd heard
ne evidence which he would, lay before Chem. The truth
of the trarsaction would turn out to be this : --lin October
test the plaintiff called upon the damndest Wilson, nave or-
errs for a quantity of uphohtcry, to the amount of 11kyl. for
which Pearled to pay readymouey. Au advance was pnid
of SI. The goods were accordingly sent to the plaintlff,l
house, at ‘Valworth ; but on demanding payment, the en-
readout vinS informed by Jones that he was extremes- 80er)...
Lot. unfortunately. be was called on to take up a bill, in the
liar.ds of :Messrs. Pendaglad Co.. bankers, for VIOL, which
bad tot been paid. Now kdre he would Inform them, Messrs.
Perrimes clerk was present and would prove the falsehood
of that st-rtement. TM.* would be surprised to heir that
the very evening of the any on which the defendant Benham
rent in.goedc the plaintiff wns selling them off at half price.
Within twelve hours, what had been sold to hba for forty
puttees, he was parting with for twenty pounds. Some of
the goods, in three days after, found their way into a shop-
wicdow neer the Borough. Mr. Benham inquired where
they bad been bought : he was referred to a third person',
who inform:Whim they were purchased of the plaintiff Jose..
The total amount of goods furnished to the plaintiff was
shout :300/. It was in consequence of these fuels com-
ing to the knowledge of the parties, they had resorted to
the mode described of regaining their pyrperty. The
manner of doing it, perhaps, might be illegal, hut it
would be for thew to say how far they were justified.—
The plaintiff, bemoderstood, was in Court. He would
tell thew how be came there. He had bet n arrested for
181., and on Saturday last he was liberated, on paying
101., and giving a bill for the remainder and the amount
of costs. At the time of entering the house, some of the
wades were then preparing for removal ; and it was wi-
le by the cos: se the defendants had taken that they sue-
castled in saving what they had. lie contended, on the
authority of " Noble v Aaatu," 7 Taunt. Rep that it it
W.ls proved the goods were purchased with a fraudulent
intention of defeating the vender of the payment, the
property coeki not be considered 'as passed by such a
sale, and the dcfendsuts had a right to retake them, the'
Roy could not justify the mode of doing it.
William Walker called and examined.-1 am shnpman
to the defendant, who is a tarnishing ironmonger in the
Borough. We supplied the plaintiff with various arti-
cles. such as stoves, and several plated articles. The
bill was scut in by the plaintiffs request, who said he
would call and pay it as he returned from tine city. 1
willed 'gait:; and plaintiff said it was unfortunate the
bill bad been sent in before half-past two on the previous
day, as he bail just received a letter from an attorney,
stadng, that unless he paid a bill for 3001. which he had
endor-ed, and which lay at Perringa, he would be arrested;
that he 1.)ol been compelled to pay it, which had taken
*way all his cash. The defendant had never received
the money,
The di fendant was called on to produce the bill of eh.
change, hot it was no. forthcoming.
Mr. John &refill', who belonged to a Sheffield house,
prayed that the goods which had been cold by that house
to ti e defendant, Benham, were afterwards found iu a
shop window in Ilishoi.sgate-street.
J,104'9 Smith, called and examined.-1 ass in the stn
ploy of Mr. --, a pawnbroker. On tine 18th of
Ilktob,r the plaintiff called at our strip and wished me to
go to his residence. I went in the evening ' • he allowed
inel,l.lllC plated artic'es. I advanced him 181. on them,
swill/. on some tea-trays. He told me he had, or expected
to have, some kitchen utensils, sod wished inn to call
slain to look,st them: but in conserpience of something
which occurred, I did not go. Mr. 'mullion came
crwards and identified the goods which had been
pledged.
A clerk free Messrs. Peering proved that no hill of the
Mount or description) ur• utiour{ by the pl.in id' bad
passed through their hinds in October.
A gentleman called. whostated that he went, in the
early part of 1221, with the plaintiff to New York, and
returned With him; be then lave his name as Mitchell ;
Ire lent the plaintiff ISt for which be had arrested him,
and for the paymeut of which he was siischarge.l from
arrest on Saturday last The plaintiff was arrested fat
It law May. He hall made many endeavours to get the
plaint ff's real name, and %llamado succeeded by mewls
of plaindirs brother. told hint if he called on
his in Devonshire, the money would he paid. The is it-
mesa wes down,. but was not paid. Nine tkis the

:SMAN

Plaintiff's brother bad seat in a bill charging the wham, offlo to her; Whereupon she abused him, and he just 1
101. fur his board whilst lie was in Devonshire. Otitikked the candle and randlastick into the bed, but did 1
Mary. Ward called and examined—l Istessetly lived in not tart her in the least. Verdict —Utility.
the service of the plaintiff's father and family in Devon. Tlii Itscoartaa—Ate you willing W recompense the
shire. I remained with him eight or nine years. On the poor Mum for this injury ?
father's death I came to town and lived with plaintiff, Defendant—lf I bad dune her any, I should not let the
his mother, and his two brothers, at Salisbury ercseest. tow "no here,
I recollect some furniture being brought to 1110. 16, it Prosecatrix—Oh, my Lord, it is the fourth time hr has
was taken away io a few days. The plaintifliold me, if beaten met I foreave hiss three times.
any one called, I was to deny him, but i refitted. He The Hustoouun—'fake him away, (haler. His sentence
said it was the fashion in London to do so. Sometimes is imprisonment fur two months. His condnet has been
he was denied by his brothers, Ind frequently by his ono- most barb trims •he has no humanity. Ido nut wonder
ther. The house at Walworth had a back door, which that his wife's father should feel fur his child. •
latterly has been generally used by the plaintiff and his dlemmem••••••••=ls
brothers. I have summoned the Pl.tintiff iu the Court of
Requests fur 21. 17e. the amount of my expenses from
Devonshire to London, which plaintiff pruviii•ed to pay
me. lie made no defence, and i have now au execution
out against him for is.
Mr. MARRTATT at some length replied.
The Loan Cater ItARON summed up the evidence to
the Jory, aid left it to them to sav, if they thought the
purchase was with a fraudulent intent or not.
The Jury found a verdict for the plaintiff-191. the
amount of manage to the house.

POLL CF.
llow-waster.—Mlee Mary Aim Scull and Miss Elite
Francis, two well-dressed wandering uymplis, were charg-
ed with having fallen In love with Mr. hi`Kenzie's silver
watch, and with having feloniously deprived him thereof.
Mr. M'Kenzie was on his way 115 me at twelve o'clock on
Wednesday night. lie was exactly in that confortab e
elate denominated " half seas over"—rather muddied, but
Perfectly aware who he was, what he was, and where hr
was. In this state he met the ladies in BOK -Street. and'
they politely requested him to furnish them w tit a Small
cordial. " With all my heart." said Mr. 111•1Wizie ; and
yarding them into the Russian Hotel, ha treated their ivo-
ries with rum shrub. This done, they complained that tile
rum shrub mode them excessively hungry ; and they hinted
that a trilling supper would not he unacceptable to them.—
" With all my heart," said the patient Mr. 41•Kenzie,
*rain; and handing tnem into an adjoining restaurateur's
(fsAionally a slept:sang shop), he treated their corn: lips
with the best of every tiling—roast pig. boiled beef, and I
beef-steak pie, with turnip-tops, Se. en suite. supper over,
:they thanked hint kindly, and they all left the house tome-
tiller, walking along very comfortably till they reached
Broad-court; and there they proposed to part. Hut the
darting was so managed by the ladies, that they parted poor
heir. M•Kenzie and his silver watch, WWI a handsome gold
'chain, and an uncommonly large seal ; and hr thought their
so doing was " extremely ungenterl." They ron away
with it, anti never said good night; but Ire bawled out
lustily, and they were caught by the guardians of the
night—and then Mr. Al'Kenzie's watch could no where be
:found.
The ladies in their defence admitted having liken the rum
shrub, and also thn supper; but they s.deuitily denied all
knowledge rattle watch—it did not stand to reason, they
saint, that they should stoop so low as MI that.
Tim Magistrate ordered di.: they should he sccoinnao-
dated with apartments at the county cost until Niundey next, I
sad then be heard again.
llarrotr-tisairex.—Yesterilay, a ynnth about eighteen
vests of age, who gave his name Daniel Ryan, was
lartieght op in the euvotly of tin the officer,
charged 'by Chtrlea Murray, Esq. S•ilinitor to the Con-
stitutional Assot iatinn, resitting itl Jolt ii-st tee% Bed:oril
Row, under the fdllowing circumstances:—About S
'o'clock the preceding evening, the prisoner Caine to Mr.
Murray's house, anti delivered a letter (not directed) to
'the footman, till fig him to deliver it immediately to his
master, Sir. Murray, as be should wait for an answer.—'
The footman suspecting be canteen pretense df dirtying
the Iffier fur the purpose of robbing the passage If dif-
ferent articles of wearing apparel, oats, umbrellas, &e.
celled ohs of the maid-servants and sent her up stairs to
thedrawing room to Mr. Murray with the letter, whilst,
•lie stood between the prisoner and the door, to prevent
ihit escape. Mr. Murray read the letters which was asfol-'
.love !---"Sir,l will be la °Wiped to you to come im-
ineillately to tee my child it is mach worse this evening
than when yea said it yesterday." There was no name
or-addreee to this note.. Mr. Murray came shown stairs
end,interrugated thu.prisoner, who said Ire brought thel
lett,er from Mt. iown, of 36, York place, Cii v-road,
'anthill' to deligese it to Mr. Hall, a doctor. reeitiing at
34; Dosightretreet, awl be delivered it there by ailetirite.
Me. meta,' suspeening the tenth of this story. out for
an {lfficers and gave the prisoner into custody, and least
there should be any mistake in the matter, he sent his
nt to wake inquiry at 31, Doughty-itrert, but there
wits ho'itteh person-there as Vector He nett sent
his servant to mat} inquiry at 36, York Place. City-
toad, and he was informed there was no such person u
Mr. Brown residing there. Finding the whole story
was only a fabrication, he suspected the prisoner cant!
to his house fur the purpose of committing a felony, and
he lodged him in the watchhouse, ;there lie gave charge
of him,
The prisoner in his defence said, a man lie met io the'
street gave him the letter to deliver, for which he pro-
nased to give him a shilling.
The Magistrate highly applauded Mr. Murray's ser-
vant for his vigilance, and sentenced the prisoner to one
month's confinement in the House of Correction as a rogue
and vagabond, not giving a proper account of himself.
Matte-ca.nomsat Orrice.—Yesterday, George Palmer,
the young man wino was last week examined at Guild-
hall on various charges of obtaining goods nnder frau-
dulent pretences from several tradespeople in the city, was
brought into custody before the sitting Magistrate, JOHN
RAWIANSON, Esq. to answer a number of other charges
against him.
TllO office was crowded with persons ready to prefer
their charges, when the following were entered iutu :
Mrs. Emery said her husband is a cabinet-maker, and
lives at No. 6, Carthusian-street, Charterhonse. On
Wednesday week the prisoner came into her shop, far
the purpose, lie stated, of looking at a table which he
wanted for Captain Tutner ; one was accordingly shown,
which he approved of, and measured with a tape; he also
asked if they sent out persons to fit up bedsteads. He
then left the shop, but retuned in the evening for the
table, and while setness went to call the porter, to
carry it, I. • took op a mahogany writing-desk and ran
away.
The prisoner said he bonght the article.
The witness said there were no dealings whatever about

SOUTHWARK SESSIONS.
Yesterday morning. at ten o'clock, the general ()tinter
Sessions of the Peace for the Town and Borough of South-
wark were held before the Recorder and Alderman J. J.
Smith. at the Town Hall, St. Margaret's-hill.
James Booth, aged 10, was indicted for stealing a ham,
Value as., the property of Francis King.
The prosecutor is aeheesetnonger in Tooley-street. On a
day mentioned, the hem was hanging by a string .t the Mier,
when the prisoner, who was passing, removed it from the
striag, and run away. He was pursued by au officer,
and in his Career he dropped it, and was taken into cus.ody,
Thu Jury found him Guilty, and the Recorder sent Mat to
three months' hard labour at Brizlou
The RECORDER told tarn, that as the Court were of opi-
nion that this was his first offence, they hod unposed a mild
punishment upon him, but should he be heard of again he
would not be dealt with so leniently.
Jestousv.—.lfary Brown stood indicted for assaulting
Mary, the wife ofJohn Smart.
The
.prosecutriz lives in Griffiths-rents, Bermondsey-
street ; on the 19th of November, between nine and ten
o'clock is the morning, the prisoner came to her house and
beat her about the head in a dreadful manner, gave her a
black eye, and tore her bonnet from her head. The ptimin-
res husband encouraged her in the assault. Witness end
the prisoner had had some words a few dart before the as-
sault took pleas. The prisoner called her husband a mon-
key. Witness never called her any ill names, but told her
to recollect Peckham-fields.
Reconnee —What did that allude to t—Whe she Hoped
with my husband, that Is the fact, my Lord.—(Loud laugh-
ter )
RECORDER—Mild ! with the monkey, as she called him!
—(A laugh.)—Yes, my Lord.
Racoon, It —Theu this was the origin of the dispute I—H,
was, my Lord.
The prisoner in her defence said, she was to 'virtuous a
remora to take any dame's husband away. The prosecotriz
was jeatons without occasion, and she called her very ill
names, which was the cause of her assaulting him.
The RECORDER addressed the Jury; and ilie prisoner
was found Guilty, and ordered to pay a fine of Is. and
:be discharged.
Elizabeth Miller stood indicted for steeling a silver
spoon, value es., the property of Ann Sophia Buller.
The prosecutrix stated that she resided at No. 12, Iln-
trough, High:street. The prisoner was her housemaid :
lobe had Heed with her twice • the first time she remained
iS months io her write ; ;hope a fotonizht before she
lentered her service the second time she missed the ties-
spoon. She mentioned her loss to the prisoner, who was
In the habit of visiting her, and was et her house on the
;day it was Missing. She had since seen the spoon its the
bands of Mr. Rarer% the silversmith.
Crois-ezatoined by Mr. ARA SI N fur the prisoner.—She I
hail lived with her in the first instance for a veer and a
half, after the left she had another servont—Ae did not
so 'nisch resemble the prisoner as to take one for the other.
Always bad a good opmiun of her. She placed implicit
confidence in her always.
Mr. Joseph Roberts, a silversmith of Tooley-strret:—
I On Wednesday, the 19th of March last, the prisoner en-
tered his shop, and requested to look at a pair of gold
wires—she fixed on a pair, and offered a broken spoon in
exchange. He questioned her as to her posseseion of the
spoon. She said it belonged to her mother, Mrs. Firth,
in Joiner-street, and it had been given her to clisaose
of. Ile retained the spoon, and desired her to fetch her
mother. She went away, but did not return. Next
day be mentioned the circumstance to his father, from
whom he learned the prisoner was living servant to Mrs.
Butler—he accordingly, went to Mrs. 'littler, who claim-
ed the spoon to be her's.
Cross-examined by Mr. Agency—ls quite certain of
the prisoner—hail known her before.
Sarah Elizabeth Baker,shopwoman to the prosecittrix,
who is in the bonnet line, recollected the spoon having
been stolen, and the spoon produced by Mr. Roberts is
the same.
Mrs. Butler re-examined—Did not discharge the yonne
woman who succeeded the prisoner, on suspicion that
she had stolen the spoon.
Several witnesses gave the prisoner a good character.
She was a dress-maker, and up to this occasion she was
particularly honest.
The Jury consulted some time, and acquitted the pri-
soner.
Butler ()dell Monktem, Esq. was tried upon an indict-
ment, charging Mtn with having assaulted an old wo-
man his cook, with a candle and candlestick, in het bed
at night.
Anne Woodward, the cook, said, that in September she
was in bed one night with one of Mr. Motokton'A low, a
child about a year old. Between one and two in the
morning, the defendant entered her room, in which Mrs.
Moiik'on also lay, on aecoont of a still yone.ger babe
which she was nursing. Witre-s was asleep wit, the lit-
tle boy in her arms, and the defendant awaked her with
very had language, and then threw the lighted candle
and candlestick at her. She held her arm before the
babe to protect it, otherwise the man might have killed
his owu child. Her arm was cnt open. She did hot
krow whether her master was dtunk at the time. His
wife was in the room at the time, but could not pacify
him, although she tried.
Mr. Olonkton, who undertook his own defence, cross-
examined the prosecntrix. She positively deni d chit she
had drank any thing on the night of the_assault.
Henrietta Peters, Mrs. Monkton'a nurse, said the de-
fendant appeared to be intoxicated on the wig; of iha
assault. The cook staid in the service three months after
the assault, but never slept in the house. The defendant,
before the candlestick was thrown, wished to have the
child taken from the rook.
The Uefentlant—Did yon know that she was in the ha-
bit of taking my baby to gin-shops?—Never.
Did you know that she was set as a spy upon my at-
?ions by my cruel lather-in-law ? —Never.
The defendant then said that he owed all the peewee-
film to Isis father-in-law, who was enraged to see him
married to his daughter; that lie had thought proper t'
marry a ward in Chancery ; the marriage ha I been So.
leniumed by the Bishop of Limerick. Lord Adare had
interfered to settle matters, and the Chancellor 6a l made
a hitelsoine settlement upon consideration. Notwith-
stsnding this arrangement, his wife's father hail urged
his creditors to throw him into difficulties, and rrowited
the work by employing the prosecutrix to do
him rnts-
chief. It was under the impulse of the feelings mimed by
this condutt, th.it he went into the chamber, and finding
the cook was drank; and might smother his child, he

the desk.
James Clark, a porter, in the employ of Mr. Bryan e
trunk-nraker. in St. Paul's Church-yard, said, that on
Wednesday week the prisoner came
.into his master's
shop, saying he wanted two carriage-trunks, and three
writing-desks, for his Captain, and ordered them to be
taken to No. 4, Nelson-square. Witness accordingly went
oith the prisoner, and carried the articles. On arriving
in Illarkfriarisros t, the prisoner told him to stop while
he opened his master's carriage-horse; but he never re-
turned, and in the interim he repaired to Mr. Bryant's
fir something else, which, however, he did not receive.
Witness waited a considerable time with his load, and on
going to No. 4, Nelson-square, he was informed nothing
of the kind had been ordered. Witness next morning
met the prisoner in °olden-line, and apprehended him.
When taken, he sad, For Ood's sake let me go, and
dell give you the desk and some money for yourself:" at
that time he had a desk in hisiiossession.
John Newman, servant to Mr. Edwards, King-street,
Holborn, said the prisoner came into his master's shop.
and %anted twit writing-desks fur a gentleman Is Kepp..l-
- ; two *ere shown at six guineas each. which he
said were too expensive. as his m .ster was a stingy old
Imo; two others were then shown and approved of. Wit-
negs carried theta to Keppel-inews. where the prisoner
took one from him under pretence of showing his master,
bat never returned again.
The prisoner, on this charge. said lie knew nothing
about it.
George Mindy, errand-boy to Mr. Batley, 13, Brown-
lon-street, Holborn, proved that in the month of Prima-
ry he west with the prisoner and carried three desks for
eh • purpose of showing them to a gentleman in Monte-
eie-plare. &mei—gears ; and on his arrival there. the
prisoner asked himfor one of the mahogany desks to
sliew, desiring hint to await his return. :titer stopping
snot: tinseb!he'prisuncr came luck With the desk in com-