The Statesman.
London, England, 1818-07-24 00:00:00

W'm

. . '

4* •

-
•
. .
•
• •• •

tor her obildreto. Being cross-esamined, she admit.
ted that she ',foisted antistatice fromthe parish at the
period of the robbery. Her daughter and another
woman were in the house, aha They all went to bed
at thews, time, after fastening The doors end win-
dews. The woman who lived with he/41re named
Fanny Peering', and was plact there byehe Gen,
illenion of the perish. Her own weekly ellowstice
was 3d. and a quartern loaf. 'She pelt no rent for
the house, as it had been her hushand's freehohl. She
•
:could not say whether the Prboher a: timber *as the
men she saw la her room, although tbejtoint shone
brightly.
Ito-etainitied.-•-Sba got up when he 'tali 'Peel
found that the money had been faked away, and •a
window f.rced open wide enbagb to admit the body
of *man.
Sarah SteelhertS, the daughter er wittiess%.
eras nett called, and Porrobritated iliPtifstlmony of
'• Aire mother in all it materiel eireemslettetts, with the
•iidditine that she she earillte man described, and
believed him to be the Prisoner. She had seen him free ,
tinselly before, but being ignorant of his Rune; had
been enable •to give any information to the Mee"
trate until he was apprehended in April last, twelve-
issonths after the commission of the robbery. She,
and nother snother.had the manageramit of the money
loft them by her father, and she. brie* the exact
Meant of it at the•time it was carried away Thirty
guineas of it-had been lent in a person of the name of
today,- who had returned it in She March priseetliog•
. Fanny Petting also saw a man, as abeie described.
pass through the outer chamber its which she slept,
between the hours of twelve and ewe et night. lie
bad on a dark great coat with. severs% copes In it,
was of a ruddy completion end seedy hair. She was
quite sure it was the Prisoner at the bar, having Ire,
qeently seen him before. 'they got up after he was
roe, and went to one or two. neichkoaring farroom
who came to their house and witnessed the state of
the window. She wise the Prisoner on the road in
company with Mrs. Ledo about two ',oaths after.
,CCosted.ber, bet. they bad no conversation.
Crosp-esamined.--She had kunst& the Prisoner's
person for some time, bat yes ignorant of his name.
She bad 'away" stated, that if elm sheeld it we him
twin she could recognise him. Cho had beets in the
habit of obaerving him, at the Meeting.hoom. *hese
'he assisted in performing the manic Abe mold-
slot distinctly recollect, hut, hay belief_ wet that she
did not see him there after the robbery. hite atold
solemnly swear that she had newer esoreased her be..
Lief that it was another person, or that she he'll *WO.
'aid she kid her head ender the bed-clothes wheat
she perceived a stringer in her chamber.
itChard Curtis, a tithingman, in conseqrsevic• si
Information he had received-, apprehended the Pria
soner in April last. lie found him in jail at &drain,
In Cornwall, end knew him 44 having formerly been
a labourer in the wish of llishopsrone.
W. Swains, Divvy Clerk of t he. Peace for the Coen.
ty, knew the Prisoner's person, lie had been previous
to Apia, 1817, in the habit of receiving yeti.% re-
lief. and working on what was called fill arm: %which
signified the doing jobs for different formers in suf.
cession. In the mon,h or April last post the
artier came to him henlsomels drnrse.i, hnii•tg before
generally worn a anshbv dark great coat. Ile pro.
()overt two Rumens, and said he came in pa'. the fees
of an expire.' recegnitaoce to keep the peace, which
for himself and sureties ansour.ted to 11. I9s. He
had a purse with RI ire guineas in it, and likewise
paid the fees of another recognisance which had been
respited. lie saw Mgt no more until he was taken
into custody. The Prisoner was a married man, and
his wife left Bishopstone a short time after his disc p.
yeefillnce.
The Prisoner in his defence merely threw himself
on tile merciful consideration of the Court, obsert-
jog that be had been addicted to winching the moose-
deence of which was that his friends had become his
tom. • •
• •Mr. Justice PARK summed up the esidence with
great accuracy and minuteness. commencing with the
',mark, that it was a case of estrous, importance.--
A doubt had been suggested whether this charge
could bo maintained by the present indictment, on
the groom) that the stolen money was not the pro-
perty of Mary Steevens the elder.—Tbis doubt was,
however, altogether removed by the circumstance of
the indictment containing another count, in which it
less laid as the property of the children. Whether
the father had died-intestate or not, the verbal decla-
ration by which he intrusted the money in question to
his wife vested it either in her or her own rhildren.
The freehold tenement necessarily belonged to them.
An attempt had been made to discredit her testimony,
by showing that if the money wag her son, she must
have falsely sworn that she was not worth ire panntla,
that being required by law to be done, before a per.
eon can receive parish relief. This, however, was a
form not always observed. end the probability was.
that the witness, who was ignorant of the amount of
the money, considered it as belonging to her chit.
dice rather than to herself. There was another dr-
cutr stance, also to be taken into consideration. that
of. tvr having a woman quartered on her by the pa.
'WI, for whose maintenance it might be that the
weekly allowance Was administered. The mein
point. therefore, in this case, referred to the ques.
tion of identity ; and it was roythe Jury to consider,
whether a variety of corresponding circumstances
might not establish al firm a conviction of the
as the most direct evidence, and whether the (nger
of l'rovidence did not point eat the Prisoner as she
Man who bad committed the robbery in
Yerdict.—GoiltyDeasis
The business on the Nisi Prins side. terminated
this morning, one cane stove remeining for trial. I.
related to a question of right of fishery, width bed
• been before tried, and ass of we general iaterest.
Mr. Henry Hunt, the WessireeseeCaeilleaus, wee
the principal witness.
YORK ARISES, Any *2.
• . „ _
1111atillifert AND Viol WPM,.
• The Nisi Prier Coon was or:copied the oriole of
;• lib day with the bothmalsoed mono It had been
tried here Iset year, sail 'we believe decided to favour
of the Defendant. It was now tried twee again by
• a Special Jery. Trw%ets-are theses—Sir T. Mutat
bed sold to the Low.blimie•Coat Company the coals
under certain specified farms on his estate of Whipsey.

-'I

.

.

V I lir

•

The Defendant is ageot-forthe Lew-Moor Company,
Ono ate ~lt nedy, 'Thileashmtzii SeliPeciiiiis. fri sal
lkshallitHaliacipalatbmialliee Tbariana 13MelsottI ehdo
relit h her besboed;-.Coletiel Bea antont,' poselesloolllo
4Whipeey estate. I'll, wain, at ice* watt; garrotting:
.a‘esifill farm of 37 ernes *as inclieditdati the trellis/It--
don with the Low.isloor Counplay.t In the dratteit
mein the several' farm. are aleceibid as the ftrilts 4164
:erpist by their respect'''. teitanti. Ono hunk de-
illessibed es" the farm prcepied by widowlellett and j
vibe: t• .Hoare the wliblas dispel,. For time Immo.
°wilt:the Whipsey estate-Wes been tenanted in the
post primaeval end- ;milord's! manner. Theism ban
*wen no leases and' no removals. The wife has soc-
" Wed the husband, the son the Mother. Two dis-
tinct families of t he name of Kellett have occupied time
not of mind two adjoining farms of equal extent and
meal rent, each being 21 acres in intent, and each
rented at 51. 10s. in 1771, at the period of the trans-
Wien mentioned, the one of those farms bad been
occupied by old Molly Kellett, who hada son James,
afterwards her successor in the farm; the other farm
was aosepied by James Kellett, who bad soaceediad
hisirstber John Kellett, and was Monogr soon after-
wards sfecceeded by his brother Jonathan, whose
widow now creepier it. In the deed of sale " the
bran of widow _Kellett and son" was mentioned.—
ICU that inclede the farm of James the son of John ?
With the Understanding that it did, the Company
wink pits, and worked on till 1816, whew tbel
treitibn was first agitated.
For the Plaintiff seven' very aged and infirm per-
fens were brought furriers), who proved the sopa.
ration and independence of the two farms; and the
several writings which bad passed between the parties
were produced, in order to show that the farm in die.
pole had never Nara espressly included.
For the Defendant, the .situation of the ground
was appealed to, being completely surrounded II)
lands esplichly named in the contract. Mr. Jacilitf,
who had, together with Mr. Hard), contracted with
Sir Th.onas Bl•trkett, but who was now able to give
evidence, as he ceased in 1814 to have any interest
in the concern, &Hindiy stated, that he had ander-
stood the lands in question to have been included,
otherwise that the) should not have agreed. The late
Steward on the eighte stated, that the two families of
Kellett had always, paid rent together Some wit..
messes proved, that at a very eaily period the i.e
(aims had been one.
Wear,. TOPPING. SCARLET?, RICHARDSON, and
OLmensom, were Counsel f •r the Plaioistr; Messrs.
Sonjeant livuoci, 14TTLEPALIt. 1111 MIMI, and !fano-
two, for the Defendant. Both aides showed the tn.
meat gral.
When the late Steward, Timidly., had been ex.
seined in chief, Mr. TotlMlct began to cross-es.
amio* him with west austerity. lie was a lively,
teeth docking old man. In order to ascertain a par.
titular circumstance in evidence, he via asked his
age.—Eighty.five! All were astonished; and Mr.
Topping became quite mild. When he raised the first
alarming notes of his voice in Cross-examining an old
woman' she fainted, and was carried out of Court.
The Jury retired at a quarter past seven. In a
quarter of an hour afterwards, their foreman, Sir
Francis Henley Wood, returned, and intimated that
they were not likely to agree soon. The Court,
therefore adjourned.
At half-past eight the Jury returned a verdict for
the Plaintiff. The assessment of damage* is to bore.
ferred to Mr. Walker, of the bar. The wig'
teiiit
contract had been extremely favourable to the Los"
Moor Company. •
Mr. Justice BAYLEY in the other Court, was moth'
reseeded by want of detached causes and want of
Coensel. Messrs. Scariest and Richardson, who
were en the same side in the Nisi Primo Court, at owe
time sallied into. this Court and brandished their
' weapons against one another with great keenness...—
They immediately afterwards withdrew and joined
their veteran leader. All the causes tried were an.
important actions of debt or ejectment. The follow-
ing presented a little siagulerity.
ittOoLgtoll IP. CARTS.
Is September, MG, the Plaintiff' gave to the De-
fendant 471.31. innate, of the bank of Mowbray and
Co. who had tailed in Assort, 1815. The Defend.
ant was to give him he return 471. Ss. of good money,
at the end of 12 months. The Defendant refused to
pay at the time stipolated, and this action was broirgbt
to recover.
Mr. RAIN! and Mr. ALDERSON, for the Plaintiff,
called John Middleton; his son, and Ralpg Bellwood,
who bad himself given 201. to the Defendant in she
same manner, for • hich he had entered an action,
which stood nett in the macs list. It was clearly
preyed that the bankrupt note.* had been given under
the terms alleged : but Mr. Williams, by cross-ea.
aniinatinn, made it appear manifest that the notes ',
had been procured for one Cressop, in Northemtwc.
land. who was indebted to the bankrupt estate, madl
could therefore set off those useless notes. Cressop
had himself become bankrupt in the mean time, and
could not pay Garth the money. .
Mr. Justice BATLEY said, the only question was,
did the Plaintiff know that the notes were to be sp.
plied in a fraudulent way, or could he suppose that
say bosaftde OSP was to be made of them?
Verdict for the Defendant.
We need scarcely mention that Bellwood did tint
ge on with his action.—Adjourned at four o'clock.
- - -

Upwards of fifty beautiful Roman urns have been
accidentally discovered within the last few days, in a
bold bpi/miring to the Marquis COUNWALLIS near
Eye, in Suffolk. From the great length of time they
been deposited its the earth, the workmen experience
' sects difiroky kr ;rutin them out entire.
A tabowiws maw tact week, whilst.wnrking in the
''Melds io the neighbourhood of Chatham, fell under
l tie infleeswerof a stroke of the sen, mbieh produced
plwerreb sod trim which be has not yet recovered.
' The house of Mrs. Cracow, in Union-row, New
Gloweester-place, Was filtered by four fellows, with
• dovk lantern, about one o'clock yesterdoky morn.'
hi. 4 icy, aged fourteen, who slept in the peassee,
OBS testily on their terrine the partner door,
obtairey made a precipitate retreat, after taking oith
ellaba greet coat only. .
VW project of making a teasel under the Rim'
ililleld
111111601014 -111 *pin revived, and an Act of Parliament
well be applied lousiest Sessions. Mr. lit.C:tsvags.)

le likely te be.the engineer.