The Statesman.
London, England, 1823-06-26 00:00:00

THE LARCENY BILL.

Sir J. MACKINTOSH rose on the order for the third read-
ing of the Larceny Bill, to move an amender:est lie refit eettd
the attention of Gestlmmo who took interest in the mycelia
capital punishments. The circumstances of the Silt called
upon him to interfere. His complaint with respect to tbs
Sill before the lions. was, that it would iscrease capital
punishments rather than diminish them. The uffonce of •
stealing in attached shops to the value of forty shillings,
imposed the punishment of death, and the objets& of his
amendment was, to make that offence punishable not with
death. In bin amendment he should support the rite-
-I.phrof the peeattibte of the Bill, which' Waif if trill:leder 56
NW' City' capital puttishme nt on all cries' Of sheep-strai-
t mg. The intentlett of the let of Geotge the roortil was
.to tate aWay.egpft.if punishment on all casesof stealing it
shops -X tionstenction had, however,. been put on that
Act whiCti he considered a juggle, it:eunuch as. if If,
peared•to. be 'anteater the i tention of the II
bad been decided, that all cases of stealing Weber et!
Sicked to tho ditelling‘bouse Might be peeltheti 44'
'tally. On•thett dbtision the 11111- Ware' tll Ariel sr
paired to. harken framed. fle'colthilididrlit
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The ATTORNEY-OIiNERAL opposed the Amend-
meat of the Hon. and Lamed Member, on the ground
that it went to deprive shops attached to dwelling-Looses
(and which were equally, nay more exposed to dan.ger)
of that protection to which all other parts of dwelling:
bonen were fairly entitled.
Mr. J. WILLIAMS (Lincoln) warmly- supported the
Amendment of his Hun. and Learned Friend (Sir J.
Mackintosh.) . .
The SOLICITOR-GENERAL opposed the monad-
meat upon the groultd stated by his Hon. and Leirmel
Colleague, the Attorney-Generi7.l.
Mr.' F. BUXTON supported the amendment.
Mr. G. LAMB-also suppoped it. . ,
Mr. PEEL defended the Bill, aid'eonieisilnl that tbei
measures before the Muse formed the most extensive ex-
pe,irnent of mitigation of poniShineuttbat had ever been
made in this country. In the prnent Bill, the coarse be
permed wise precisely the same as that followed by the 1
late Sir S. Romilly.
Mr. WILBERFORCE and Mr. Ald. THOMPSON
npperted the amendment.
Mr. COURTENAY and Mr. Alderman BRIDGES
opposed it.
After a few words in support of It from Mr. It.
MARTIN,
The House divided—
For tha amendment, 19-Agiiinst It, 95.-Majority, 16.•
The Felonies Clergy Bill was read a third time, and
passed. • . .
On the (*silos for the third reading' or tie Sentence of
Death Bill.
Sir JAMBS MACKINTOSH apiiriVed of the object of
the 8111, but dlsurproved of the means by, which if was, pro-
posed to be attninid. He did not like that the sentence on
a erliniul, echo though a =ltigated sentence!. should be de-
isted after the conviction. He should therefor* propose an
amendmiOnt, ((Meg the Judge a poivir to pass the Mitigated
sauterne atonee. lie therefore Mined en amendment to
this elect, girlies, the Judge who should try_ the prisoner a
pawn to pan sentence of death, inamodfatally Vaal. convic-
tion of the prisoner.
Mr. R. MARTIN amid the amendment lbs only the copy
Oa chase he had himself proposed oia a.former cidceslon,
which clause bad been objected to by the Honourable and
Learned Gentleman, who would then scarcely condescend
to look at it. . .
The ATTORNEY-GENERAL opposed the amendment:
It would, ha said, be reeling in the Jade* that discretion
wkich was now a part of the prerogative of the Crown.
iir.aunTON supported the amendment.
Sir J..IIIACKINTOSII denied that he bad been guilty of
say legislative plagiarism - timer& the Hon. Member for
Galway. He had takes the words from a Claus is an Act
of Parliament of Charles the Second.
kir. Alderman BITLDGE4I supported tbiritallinoiment,
which was negatived withodt a division, and the lift was
passed. - - - - _ _ . ..

.Tee other Orders of the Day were then disposed Of ; and,.
.4 two o'clock, the House adjourned..
00VIT OF KING'S BENCH, Wltsywisirret, Jews RV
• •
HOOD e. narrate sem atriselst.
This was an action to recover &eget 'attained by the'
plaintiff in consequence of the overturning * cart in which'
he was riding, by the Newbury and Reeding coach, alleged
ti be the property of the defendants. No counsel appeared'
far the defence.
I It wad proved that, the plaintiff, On theflldef Jude',
Tat ridhigta dart neer eolebtooke, when AbOich, boarleg'
the nude " Newbbry avid ifeedlng," cattle ap, and not.'
witbstaisding the entreaty of the driver, thkt the coacittelen.
would allow him time to get out of the way, was, &lien
against the cart, and in the shock the platntiff thro
ws
out, thwn
ont, and his arm broken. Tice plaintiff's tounsel, hOwsre'r.
were unable to prove that the defendants were at Meanie
the owners of the edith, and were th;reltire edmpelled to
submit to a. nuembit.
MAITIX A7lllwires, WHAVIR AHD TWO corneas.
This was an action against the defendants for assaulting
and falsely isapritining the plaintiff's wife.
Mr. SCAULICTT and Mr. PHILLIPS were far the pleintiel,
Sod Mr. MARRiAT and Mr. PLLIT for the defendants:
The plaintiff was a paper-hanger, in Regent-attest, Ottbd
lerd-street, sad the defendant, Mr. Weever, wee a feather-
dresser, in Tottenham-court-road: The either derdidebtli;
Wright and Williams, were °Meets of the sitreee, the one
heist • constable and the other a watchman. It appeared
that the plaintiff's wife hid seat some feathers-to the defend.
est, Mr. Weaver, to bb dressed, and on thb evening of the
list December last she called at his shorn did demised Mil
of changing her property and substituting other ferthets is-.
steed of bar own. An altercation ensued—st crowd gathered
mad the door—the constable and the walchMan were called
it—baods were laid on Mrs. Martin, and she was sent to the
watabehoese, whence, after a short confinenlent, she was U-
dallbasee set up was that Mit. Martin hard grossly ads•
belated betted f, abused-Mt.Weaver in the doost opprobrious
terms, bred a riot in the street, and after every attempt had
been made to pacify her, the constable and watchman thought
It their duty to takelher to the watch-house for disorderly con-
tact, sad after a very Short detention she-was discharged.
Tice Cater Jurrrce told the Jury that the defendants,
Williams and Wright, were entitled to a verdict, the action
eothaelog been brought within three months, and as to the
admitted Weaver, they would deteredne upon the conflict-
hi evidence whither any assault had been committed.
The Jury inunediatelyafound a verdict for the defendants.

COURT OF COMMON PLEAS, JUNE 25.
THUBTILL r. BEAUMONT.
Ur. Sergeant VAUGHAN stated this ease to the Jury.
11 appeared that this was an action brought against the
defendant as Managing Director of the County Fire
Office, to recover a sum of 1,9001. occasioned by a
his arising from the fire in Watling•street, in January
lest.
The defence was, that the property insured bad been
conveyed away from the warehouse, and then wilfully
set on fire.
Evidence wee given for the plaintif to prove the de-
livery of goods to that amount, which were ou the pre-
mises at the time of the fire ; and the brother of the
plaintiff, to whom the care of the warehouse had been
intrusted, was called to show that on the night in ques-
tion be had (without his brother's knowledge> deserted
his charge, and bad visited the opera in company with a
friend, after which he went to the Saha* Coffee Honse,
rear the Hsymarket, where he stayed until nearly five
le the morning; that when he left that place be pro-
ceeded to Cbaring-cross, where be separated from his
friend, and proceeded down the Strand, Fleet-street,
fitidge-street, and Thames-street, to Oarlichisill, where
hi slept with a woman whom he kept, and that he did
set hear lathe fire until nearly tin in the morning, when
be was informed of it by a woman who brought some
dean linen to the house.
Mr. Sageant Lae% for the defendant, called evidence
Weber, that much suspicion at least was to be attached
MOssitesduct of the plaintiff's brother ; and to prove
ashort time before the fire, he had been mentioning
distressed circumstances to the woman be kept, who
Really if I was you, I would sell off all the goods
aid het fire to the warehouse ;" on which be replied,
"News Mary, don't talk so, for if any one, should hear
polkaed such' a thing should happen, they would say
Witt inet it oa fire." A witness was also called, who
wren that be bad been asked by him to take a house,
lot some property in it, incite it, and then, after taking
Oldie furniture. to set fire to the house. On his cross-
sfamtination he said that he had had a &spots with the
bnither since, and bed threstetiid to tell all he
thew.naless thwie model die to him was 'paid. It was
24etheed:that a short time before tbd fire the defe!il
thifi beeibito`prieem for debt, and-had petitioned
* aefor l‘
erteliqf4ll 'of I,lent DeWitt, to permit bill
of cite Act:
Tetsfilite IV% itti piddle lee *vitae
arl,filitellisfurNotlfernir cef on fire% !lip( ' Ipti:
illeimteritrepwitri
Nos nu, ad he Foetid that *Waiver-Tam' ilia

. . . ,
Other fseimsevatt in the Atropin, lyttli 'ITS-on I.*l9oo*'
inteterning ; and is orikr to. show, this she plaintiff
was is a condition to 'aiike the purchases which ,bad
'been proved in the former Pert of the case, a mend of
the pialatirs wee ezatained, who
,swore that be had
reived fir him a soot of above 1,0601. to enable him to
commence basin**
The Jury. retarned'a verdict 'fir the Ofainlitt to die full
initennt chanted.

In the course of the cause a "nation hivin'g been
Pot to one /* the .witnesses •by, Mr. Sessmast-Tanny.
who Ives with Mr. Sergiputt 14trat fel' the defoo4l4,
ieqoiring to know when the plaietiff disappeared from
Norwich ?
Mr. Justice. Paitu—l think thit is not a prope• ques-
tion to pet to . a witness. To diaapposr, means, as
you have used is; to leave clandestinely ; new there is
no evidence 14 justify you in putting such a ,question.
Mr. Sergeant TA Dor--My Lord, I do not think it bears
any such meaning.
Mr. Justice Pitt —lt does to my comprehension, mad
t is not a fair question for yon to put; you don't ques-
tion the witness fairly,.; • .
Mr. Sergeant Taorey-iiry Leird, I doimit think I de;
serve each in imputation.
Mr. Justice' PARK --Imptitatien„ Sir 1 I don't know,
ivhat.you Win ; your question was very. improper, but
I desire I mny not be so spoken to : that. is not the way
In which a Counsel should addreee theßeneb. ,
iltr.Sergeant.Tapwr—Nor tbat the way in which an
/8' agate Is to heliebeked by aJadgr.
Mi. Jiatice Riatt--11 bow iny,ditte, Sir, as. Judge.
Mt, Sergeant Tanta-44d I knOwsnine, my Lord, as
an Advocate.. Nor am Ito be directed any one how to
act in fay duty.
Mr. Justice protest, oblige me
to exercise my power.
lilr. Sergeant TA DDT--Yokriaorditiiiatilistle
youiplease, , •WI ,f •• ,„ t! • !
Mr, J qatiFe lrnatt.seetned,for t tiosorttat!.
4d, and thee yald-1 441 sisoW . the of a
Christian 4ndge, in not eiercisingynyptrer.-.
MT. rfb`eaot.TAD.RYTYgPr 140tObieVOtlity 144,
kittieirenCri.tr eierctse what power, yps pT
iadit te gabOlt tis whoever Ipa, may densimiai-s4 am
! dos 'perfec.try Inditerent to the event, „
r. Setgtegt' Laws was rising, eppasientt'iwTth the in-
tenth)* af.meiiitinkbetwres the parties w n
Mr. Sergeaot 'Eanor said—l beg, brother Leis you
will not, say any thing for, me. I must defend my o w
conduct from imputation, and bear the consequences my-
self,
Mr. ;ustile Panit—ty Brothetteasrbas a right to be
hes,rd io ed tasty the.tionst.
Sergesat rA DAY —up had, my Lard, bit
inaa
wlfteo I aui in possession of the Conit, and easalping
Nppeesa
•
Peat aid 'nothing in ansWer,"eed the cause
then continued.
In the Court of Exchequer,
.yesterday, a Case of tres-
pass was tried, by which it was decided that the parish-
ioners of the Liberty of the Rolls have a right to peram-
balite ',pertain part of Lincoln's Inn, from which it
follows, that the part iacluded within their perambula-
tion is not, as heretofore, to be considered as extra-pa,
rochial.

.I==m=issims*Fee
OLINBAILEY-,W.sionasoar, lona 25.
John Henderson, only- -n
of itge, imp' Pat to the
Bic on an indictment, di:steak him caPttally with psi.
Va,tely 'teeing is a dwelling-hoele. three 'sold sove-
reigns and one abillink, the property of Charles Talley,
to whom be kid been alipietitip,ed. and in whose family
he had resided dn. about leers, on the 20th of May
lot, iq the parith of Avijogtee-
The Jury found hies flidity,, but joined with the pro-
astistor in reeomineniling bibs to mercy.
Mr. Justice HOLIOYD said the recommendation should
bit litteoded to.. ,
Nothanief Dattley; abo jeers of age, formerly a
billiard-Maker. was indieW for steeling a hat, the pro-
perty of Mains. Johnitork and Gill, batters.
The prisoner, it afrp4red: kad obtained the bat by an
staid centrlianCe, and deOlargd that by wonia pay for it.
On the Many' following the lid pat taken with che
bat on his head, and was lodged in the watch-hoise.
The jery (mind a verdict Guilty.
There are in the calendar 13$ prisoners for trial ; of
whom 5 ate for murder, 14 for stealing in a dwelling-
house, 27 for stealing from the person, and lOS for ler.
cenies ; besideslohn Goole, who is charged with serif)*
fire to two of Ilia dwelling-ltooses, ono in the parish
of Si. Luke, and the other in St. Alartin's-in-the-bields.