The Statesman.
London, England, 1823-09-05 00:00:00

THE STATESMAN..

POLICE.
•
I.llaweiow-notrint..--A question Wliether those datterons
vehicles, called Fly Vans. should be considered satin& the
meaning of the Act of Parliament as coaches oe waggons,
came seder the consideration of his Lordship yesterday.
A tradesman attended to request a samosas' against the
owner of the Salisbury Fly Van, for neglecting to deliver a
parcel in .proper time. A parcel of fish was sent fremSalis-
bury to the complainant by the Ply Van, which arrived at
the Elephant Inn, Fore Street, at 5 o'clock on Wednesdag.
morning, but the Woe! Wei not delivered until eight o'clock
on the evening of the time day. In consequence of tbia
delay the fith was sPoilea. The complainant submitted
that these .vans came within the meaning of the law as
coach-is. in4in feet, paid mile duty, and were considered
as carriage' by the Stamp Office. As the Act directed that
every Innkeeper should deliver every parcel which came by
a coach within six hours atter its arrival under a penalty.
the complainant submitted that the innkeeper had incurred
the penalty by not delivering within that time the parcel
*question. He wished to bring the case before the public,
that itt, owwers of these caravans might be made aware of
their reepon
The Chief Clerk referred to the Act, which stated that any
parcel arrieing by a " public stage coach or carriage,"
other than a common' stage waggon, should be delivered
within six bones. If the parcel arrived by slid waggon,
hours were allowed for the delivery.
The Loan MAYOR asked what wee the speed at which the
Yen travelled:
The Complainant said he anderetood it went at the tate
of five miles an hoar, including stoppages. Besides, it went
en springs, was drawn by four horses, driven by a man on
a box. and had a guard.
'The Loan Havoc I observe too from the bill that it
is called a 'fly' van."
A Id. Tellraindts.—" Yes, but all the waggons are called
• fly' waggons. Thebreawheeled waggons bavefiowa for
these 40years."
The LORD MOTOR said he considered that the van came
within the meaning of. the Act as a public carriage' other
Horn a rmomon waggon. He directed that the innkeeper
should be summoned to answer the charge, when he might
show cause against this construction.
tititLIPHALL.—BARTHOLONSW FOR.—The number of
prisoners from the fair yesterday consisted in the whole of
no more than seven individuals. Of these, three lads.
Club*: Groat, Job Millaley, and George Maydeto, all
known characters who bad bren detected picking pockets
• Whindkerciiiefs, were committed to Newrate for trial.
The latter one had experienced a dreadful disappointment;
for after having taken a great deal of trouble to get pos-
session of what he supposed to be a gentleman's pocket.
took, with a goad booty to it, drew out a little pocket
edition of Johnson's Dictionary, and was taken in the act
of lbrowingit from him with much indignation. A fourth
fellow, who had taken a handkerchief, was remanded
through the non-attendance of the prosecutor.
Payne, one of the officers, finding himself no match for
, the crowd of -fellows that were larking round Richardson's
show booth. took his station up Aloft, to mark his men and
take them at his leisure, and shortly afterwards, seising an.
advantageous moment, pousced in among a knot of car-
rier's apprentienhand journeymen, who had been for some
time evincing a stronger attachment than &Betsey Woold
warrant to the legs of every female going tip the steps to
the booth. In this coup de main, lie secured two of the
apprentices, Benjamin Collyer and George Payne, whom
the magistrate, notwithstanding the prayers and entreaties
of their mothers and their master, sent to atone for their
ateliers in the House of Correction for one week. Against
the other prisoner, who was only charged as disorderly, no
prosecutor appeared, and he was liberated with a wholesome
admonition.
Bow STRlET.—Yesterday Darby and M'Carthy, the two
men charged with being concerned in plundering Lady
Ann Dashwood of plate to a large amount, were finally ex-
amined. A man, named Howe, was also put to the bar on
suspicion of baying been a perticeJ)r eriminis in the rob-
bery. Darby, the butler, seemed in the same desponding
inxte described in our first report ; be did not utter a word
during the whole of the investigation.
Anethenes attended on behalf of bl'earthy. tbe man
charged with pawning the greater part of the plate, and
eubniitted on his behalf that no case either of stealing or
felonious receiving had been made out against his client.
He received the plate from Darby, wit° was Lady Dash-
wood's butler, and who stated that he had the full authority
of her ladyship to raise money upon it, and Lady Ann hail
admitted that upon one occasion shelled actnally authorised
Darb to pawn some spoons. It was to be observed also,
t
hat M'Carthy received the proceeds of the plate that he
Pledged, in payment of a just demand for goods sold and
cellyrreil—nainely, fruit, &c., and not in the way of reward
for his share in the transactions.
Sir EL BIRNIR asked Lady Dasbwood if she knew of her
own knowledge that M'Carthy served her with fruit?
Lady Dashwood said she did, but believed she never her-
self exchanged a word with him.
Sir R. Brame said be was constrained to agree in opinion
with the Learned Counsel that a case of felony could not
be made oat against M'Carthy, and he must, therefore, be
admitted an evidence for the crown.
M'Carthy was then called from the bar, and stated upon
oath that he first became acquainted with Darby about IS
months ago. The latter was at that time butler to Lady
Dashwood, and witness having obtained leave to serve her
Ladyship with fruit, he went to the house generally every
day. Hruniformly dealt with Darby, whom be considered
as the authorised agent of Lady Dasbwood, and when the
account bad mounted up to a considerable sum, he (witness)
became pressing for his money, and Darby gave him plate
to pawn. Upon every occasion that he did so, witness ex
eeee gre it reluctance to engage in such transeetions, but
Dareby always assured him that the plata was to be panned
with the entire consent of her Ladyship.
General Maitland asked the witness why he did not make
his demand, if he bad any, upon Lady Dashwood, and not
rely opon the mere assertion of a servant?
The Witness said he considered Darby as having full
authority to act as he did.
tieneial Maitland said Lady Dashwood wished to have
itsexplained that no debt was ever contracted with the
witness, or any other small dealer, with her knowledge.
It was her custom to have the charges put down upon a
;late, and sheiptve money. every morning to one or other
of her servants to discharge the accounts of the preceding
14 was eaior to the extreme punctuality of ber
Ladyship in this respect that she had on one occasion or-
dered Darby to pledge some of her plate, although he
(General Maitland) could not help wishing that she had
applied to him rather than take.such a step.
M'Carthy accounted for some of the duplicates being
found upon him by saying that sometimes, when lie took
daalicates for the plate to Derby, the latter desired him to
.'tithe care of them.
With respect to the third prisoner,
,Howe, the only evi-
dente was, that he had about eighteen months ego pawned
souse plite for Darby, but it was rot fortheotntag, and
* 'le was discharged. Derby was fully committed to New-
?
„gate for trial.
John M'Carthy, the man charged with stealing 1601. in
. )lank amtes, the property of Mr. Herschel, his master,
..;,at Slough, in Buckinghamshire, was next put to the
11‘ar.
John Nix, of Oxford-street,linendraper, proved receiving
on the .night of the Ilth of August 3101. note now produc-
i ,
en. bathe
could not identify the prisoner as the man
who paid it. This was proved to be one of the stolen
notes.
Mr. Ridgway, of Frith-street, Sobo, stated that about
',self past ten on the night of the 11th of August, the pri.
seiner purchased a shawl for 311!., and paid fur it with a 101
note now produced, The prisoner sail hi was recommend-

ed to him by ?dr. Nix, of Wised-street, where he had just
been making some purchases.
Convene, the. petreLatsdated this sluswl.• which be
fated wises be apprebe the prisoner's wife.
Thisperty lOL mote was also proved to be pan of the stolen
pro.
Bartlett, the keeper. of Gwent-garden watchbouse, de-
posed, that the prisoner's wife had been placed Bader his
;care since her apprehension, and on Wednesday morning
tsbe Wormed him that she had something on her mind
which made her very unhappy, and she wished to commu-
nicate it to him. She then toll him, that if he went to her
aunt's. at No. 2, George's-place, Tower.street, Waterloo-
road, he would find, in a particular place which she describ-
ed, an old saucepan, concealed in which were 14 soverelone
and a guinea, and in another place 10 sovereigns, 11l of
which were the produce of the robbery of Mr. Herschel,—
Witness went with Taunton, the officer, to the
eplace, and
fogad the money exactly as described. The prisoner was
**red to be fully committed for trial.
111r.lreeda, the clerk, asked Sir R. Birnie if the prisoner
lass to be committed to Newgate for trial at the Old Bailey
Sessions.
tSir L Btents.—Yes, let him go to Newgate.
,This may be regarded as a fortunate circumstance for the
pelooner, as he cannot be tried for a capital offence in Mid-
dlesex. The couversion of the property taking place in
Middlesex, he can he tried for grand larceny ; but to be
tried capitally for stealing in a dwelling-house, he mnst
have been removed to Buckinghamshire, in which county
that offence was committed. His wife was afterwards put
10 the bar and discharged.
HATTON Gaartax.-oDoestall, the driver of the hack.
may coach No. 294, appeared on summons to answer a com-
plain preferred by a youth of the name of Smith, for
refusing to convey him frail Islington to Lombard Street.
Smith stated, that on the night in question the defend-
ant's coach was the first on the rank, at the stand at the
end of Goswell Street Road, and be therefore applied to
him. The coachman replied, that his fare was 3s. To this
be answered, that he did- not ask him what his tare was, but
simply to convey him to Lombard Street, although at the
same yme he dia not think him entitled to that sum
Coaches replied, " I shan't take you at all," and on being
asked why? replied, " Because I am numbered to carry
gentlemen, and not such puppies as you." Complainant
wishing to have a witness to the coachman's refusal, tailed
the watchman, before whom he applied to be taken, when
tae coachman answered that he was engaged. In his de-
fence, Coachee insisted that the applicant, on the night in
question. looked any thing bat a gentleman, and that he
seemed more likely to want to steal a coat, than to take a
coach. The sitting Magistrate, Mr. Servant Seid.on,
thought the defence adopted by the prisoner an aggravation
of his offence, and sentenced him to pay a fine of 10.. and
costs. In answer to a question from the Magistrate, Smith
stated, that when be applied for the coach he was dressed
in a fustian coatee. Ile had property about him, which in-
duced him to wish for a coach.
M A RLBOROUGH STRZST.—The driver of the hackney
coach No. 1,052 appeared to a summons, for extorting more
than his fare. Mr. Steele, a gentleman residing in De.
vonshire Suet", Queen Square, said that he hired the
defendant at Vauxhall Gardens, and took him to his own
house, for which he demanded 10s. which Mr. Steele
paid him, at the same time cautioning him against
taking it.
Mr. Ros said this was a very gross case of extortion, as
the fare was only 4s. and finest the defendant 20e. and 4s. tied.
costa, and to return the overcharge of 61.
MA RT.LI•IIONNE OFF I ca. —On Wednesday night, his
Grace the Duke of San Lorenzo, the Spanish Arnbassulor,
accompanied by another Spanish Nobleman, and his private
Secretary, appeared before EDMUND ilittlMlTles, Esq., the
presiding Magistrate, in consequence of a Magistrate's
warrant having been obtained against him, charging him
with having violently assaulted a Mrs. Rebecca LEe, a dress-
maker, residing in Broad Street, Bolden-square.
The Duke took his seat on the Bench, and seemingly
did not regard the proceeding with any degree of interest.
His Secretary acted as interpreter.
Mrs. Lee being sworn, stated she went to the mansion
of bis Excellency, in Weyinouthotreet, on Tuesday even-
ing last. for the purpose of demanding the payment of a
hill-of 11. ss. for millinery work done for the Duchess.
Having knocked at the door, it was opened by an English
servant, named Thomas flame, to whom she said "leave
the goodness to tell Abe Duchess that I have called far the
small account for which I have so often called, and now
beg leave to request that her Grace will settle it, as I un-
derstand her Excellency is on the eve of leaving England."
The servant said it was impossible she could then see her
Grace, as the family were at dinner; and almost at the
same moment a Spanish servant came from one of the par-
lours, to whom Hanse gave the message. The Spaniard
also said the Duchess could not then be disturbed, and
in Spanish requested her to retire. She expostulated, and
remarked on the folly of her coming there so often for
such a trifling sum; when at the instant the Duke burst
from the inflow evidently io a great passion, and with-
out saying a word, seized her by the arms, and shook bey
with great violence, and forcibly pushed her along the pas-
sage, opened the door, and kicked her twice, finally push.
ing her into the street, and shutting the door violently,'
from %%hid' attack she has since suffered great pain. The
two servants stood by, and saw all that passed, but neither
of then spoke a word; and if they would now say the
truth, they would confirm her statement. The original
dealing she had with the Duchess was at the instance of
the Duchess of Somerset, who recommended her to her
Excellency's patronage.
Mr. GRIFFITHS asked her if she bad any witnesses in
support of this statement.
Mrs. Lee replied, only the Duke's servants.
The Magistrate then asked the Duke for his reply to this
very serious accusation.
His Excellency, with very great fluency and coolness,
said in Spanish, that the complainant had several times an-
noyed the Duchess for this debt, of which she knew no-
thing; and on Tuesday evening, hearing an altercation
and noise in the hall, he went out, and seeing the woman,
took her by the arms, and put her outNide the door, with-
oat any farther violence. He positively said, on his his-
hour as a nobleman and gentleman, he never kicked the
woman.
The interpreter then, on the Duke sitting down, intima-
ted to the Magistrate that there were two servants who he
wished might be examined as witnesses. Accordingly,
Thomas Hanse, English servant to the Duke, deposed
that Mrs. Lee, the complainant, had called three or four
times for this amount, and he had been instructed to tell
her that the Duchess was quite nuanare of owing any such
money, and knew nothing of the transaction • but that it
was the debt of a lady's maid who was formerly in her see•
vice, who was gone to Paris, and whose address he was in-
structed to give her ; and when she last called, he said it
was a very improper hour to call, as the family were at
slinner, and the Duchess could not he disturbed; but she
pushed into the ball, and insisted upon going into the
parlour, as she was determined to see his Grace. He en-
deavoured to prevent her, as did also the Spanish servant,
aelto was waiting at table, and the noise she then made
brought his Excellency ont to see what was the matter, who
gently tank her by the shoulder and pushed her out, but
used no other violence.
Mrs. Lee very warmly here said—" Can you swear he ad
not kick use ?"
Hanse—" I can ; he only pushed you out of the door i"
Mrs. Lee, with greater brat—" You are the servant to his
Grace, and you are afraid to swear otherwise."
flanee, turning round to her, said—" Madam, t would not
itioar false for any Doke; and you have sworn falsely, and
are a false woman."
Mrs. Lee Slade no repkv to this.
Fernand° Neuter Merely corroboitted these's' state-

,ment, end positively swore the Duke did not kick Mrs
Lee, who was very violent-in endeavouring to get into the
Mrs. Lee now said that the story of the debt being jn-
curred by a lady's maid was altogether untrue, as the
Duchess, on her making one application, sent her down
two pair of shoes in liquidation Ober demand, which she
then said she could not accept; this, she thought, was a
kind of acknowledgment of the debt.
Mr. Gaternme, on understanding that this was the ter-
mination of the case, said Mrs. Lee had acted with great
impropriety in going in such a disorderly manner to a No-
bleman's house and endeavouring to force her way when
the family were dining in the parlour. Sbe must
I have been perfectly aware that that was not the mode of
recovering her money, mod being a subject of England she
I must be also %ware that the British laws extended protec-
tion over the lowest as well as the highest in the realms,
and privided an ample mode by civil process for the reco-
very a her money. As lie had particularly noticed all the
evidence, he was of opinion she had behaved with very
gross impropriety, and as the defendant was of so distin-
guished a character, she knew him amid where he was to be
found, and consequently could have her remedy by indict-
ment at the Sessions, therefore he should discharge the
warrant.
Mrs. Lee, on this decision, in very unegnivocal terms ex-
pressed her dissatisfaction, declaring that she would expose
the Duke.
The Spanish Nobleman, who had not before spoken,
then observed, " Madam, your wish is almost anticipated.
and as a gentleman seems to take the business down, we
hope a correct account will be given in the journals."
The warrant being then discharged, the Duke hewed to
the Magistrate and withdrew, his Secrctiry paying the
usual discharge fee of one shilling. Mrs. Lee walked out
of a doer in another direction, declaring, in an under tone,
that the Spanish Nobleman should have the full benefit of
his wish, and the Duchess of San Lorenzo that of the civil

law.
LtNIUKTE..STREET.—Yesterday, James Sims, a decent look•
big elderly man, was examined before Sir DANIS!. WILLI Alas,
and MATT LW WYATT. Esq.. charged with robbing the Hon,
Fast India Company of a quantity of tea.—lle was commi.ted
for trial.

MURDER OF MR. MMITM.
Yeiterday the town of Ureenwich was a scene of the
greatest bosttr, in consequence of the re-rxiimination of
Thomas Timothy, and the apprehension of James Webster,
another of Coleman's accomplices in the murder of the above

gentleman.
The investigation took place in the office of Mr. Dicestexx.
the Clerk to the Magistrates in London-street, and the greatest
privacy was observed throughout the proceedure.
After Timothy's examination on Tuesday last (from cir-
cumstances which are at present withheld), a warrant was
granted for the apprehension of Webster, who, it will be re-
membered, was one of the men, amongst others, named by
Coleman in his confession in Maidstone Gaol. This Webster,
soon after the murder was perpetrated, was arrested on sus-
picion of being one of the murderers, but for want of
sufii-
cient evidence he was set at liberty, and has been at large

ever since.
It bring well known that Webster used the Noah's Ark,
Deptford, Bowditch the constable kept watch for him at night,
and about seven o'clock on Wednesday morning he saw him
enter the house. and thereupon seized him upon the charge al-
leged in the warrant. When taken, he appeared to be un-
daunted, and exclaimed, " What am I wanted again."
When brought before the Magistrates, the evidence of
Conley and his wife, Whittle, foreman in the Patent .Suip-
builders at Deptford, Anne White (alias Swedish Hannah),
and Ann Steele (who lived with Coleman), was adduced,
after which Ti.nothy, the prisoner, was interrogated fur
nearly two hour+, in private, and from what we could
learn, he made a full confession against Webster and one or

two others.
The prisoner, Webster. was then brought into the presence
of the Magistrate, and the testimony of tne various witnesses
were read over to him, and he was ask.d what he had to say
in his defence, the Magistrate cautioning hire to beware, lest
he should criminate himself.
Webster pretested his innocence of the crime, and was ready
to meet any consequences that might betel him.
lle was then fully committed to take his trial for the murder.
And Timothy seas again remanded.
A poor woman of interesting appearance was brought up
charged by her husband with creating a disturbance about his

prenilses.
The husband stated that his wife had come several times to
his house. and gathered a snob about
him: she repeated this
on Wednesday, sod he gave her in harge to the headbo-

rough.
The poor woman then stated in her defence. that she was
married to the complainantewheo she was only 14, years of age;
some thee afterwards he enlisted for a soldier, and deserted ;
when he was retaken she pawned her goods, and scraped 22
guineas together to get him released ; they then lived toge-
ther, but he used to take all her little property away, and sell
it, as well as her poor mother's ; and having had three chil-
dren by him, who were in the office, he left her and took up
with another woman, who compelled the children to call her
mother. She declared she had not had any support from him

for six years.
Sir D. WILLIAMS Censured the hesdborough for taking the
woman into custody ; and having reprobated the bushand's
profligate conduct, advised the wife to appeal to the parish,
who would see justice done to her.
QUEEN SQUARE.—Yestertlay John Daniel, driver of the
hackney coach No. 129, attended at this office to prefer a
charge against -- lludson, Esq. of 6. Park Crescent,
Portland Place, for having refused to pay him his fare.
The defendant's footman attended in his absence. The
prosecutor stated, that on Tuesday evening last, be was
called aids stand by the footman, who ordered him to his
master's house. On. his arrival he took Mr. Hudson, &c.
and was ordered to drive to the Haymarket theatre, where
they alighted, and the footman requested witness to be at
the theatre by 11 o'clock, in order to drive his wastes back
to his residence, which be promised to do, and remained
near to she theatre until that time struck: again he took up
Mr. Hudson, and the footman rode on the box. It was not
not until he had nearly finished his fare, that the footman
mentioned any thing about charge, and when he was told
by witness that 14s, 6d. was his legal fare according to the
time, he felt surprised, and said his master would be very
angry, as he had no idea of the coach waiting until the per-
formance was over, and on being refused payment of 14s.
6d. he took out the summons.
The footman who hired the coach here banded in a letter,
written by his master, saying, that it was his impression that
the coachman was not warranted in demanding any more
than his fare from his house and back again.
The coachman said he was sure he was correct in his de-
mend. He received orders to be at the theatre at a certain
hour, and if, be had taken another fare, and it should have
happened that he was too late, the footman having taken
his number, he would be liable to putfishment. He
could bring proof that he remained on the spot until 11
o'clock.
The footman denied that be told him to remain there, lie
merely requested him so be there at 11.
Mr. Rat:throats, the Magistrate, concurred with the
coachman that lie would be liable to punishtnent if he had
not been there, by the time appointed, and considered him
entitled to what he cbarged,i fair:ming to the footman that
it was his duty to have explained to the prosecutor when
he requested his attendance.
He ordered the fare to be paid with costs.
UNION HALL.—..AUGUSTINM LAVIONM.--abiS French
woman, whose statement before Mr. Chamberi appeared
in our police account on Tusday last, was brought up yes-
terday before L. B. ALLEN, Esq. under the following rte.
cumstances:-1 t appeared that on her leasing this office
with the letter which Mr. Chambers had written in her
behalf, to the Rev. Mr. Jolliffe, for a free passage to Calais,
she went to the overseers of Christchurch, in n hich parish
she lodged, told them she was going to her own countiy,
and entreated their assistance in redeeming some of leer
olotbes, which were in pleslgT.The overseer:as:ld her clothes
redeemed and restored to her, aad supplied her with new