The Statesman.
London, England, 1823-10-28 00:00:00

tUE STATESMAN

Mr. Beonenict 'submitted that 'this use did not at all
come within the provision, of the Act,
Mr. Potuaes argued briefly whit same effect.
Mr. Ataarr, in reply, maintained that the Act applied to
the case, sod its provisions were quite clear and explicit.
He denied that it was necessary for him to show the
motives, by which the prisoner held been actuated, it was
sufficitiot that the Act prohibited such In offence as that
With which he was charged.
The prisoner, in his. defence, inured the Court and
the Jury that his brother Lad the exclusive charge of the
gold case-makiag departtneit. He declared most solemnly
that he bad not himself finished one gold case for the last
eighteen months.
Alfred Reeves, another apprentice to the prisoner, cor-
roborated this statement, and Paid that the case in question
hW been made by the prisoner's brother. The prisoner's
brother left the house on the day the prisoner was taken.
He.had ceased to work there about a week before the two
cases were sent to Tyrer.
A great number of very respectable witnesses gave the
prisoner an excellent character for honour and integrity.
The Recommit then summed up the evidence, and the
Joey retired to deliberate. They were absent about half
an hour, and on their ials brought in a verdict of
Guilty.
They recommended the prisoner to mercy, on account of
the excellent character he had received ; but the Recorder
said that the Coort bad neither the powerof increasing nor
diminishing the penalty provided by the Act.
Mahe Allan was indicted for cutting and maiming John
Allso, her husband, with intuit to do him bodily harm.
The prisoner, when put to the liar, appeared considerably
agitated. and the Curt permitted her to have a chair.—
John Allan stated. that be was a waiter at the Horse Shoe
and Star Public-bouse, in Fleet Streit. On the 20th of
September, the prisoner, his wife, was employed as a
elsarwoiran ; the prosecutor was cleaning the windows,
outlet day, when the prisoner threw a knife at him; he
afterwards west Into the bar to breakfast; there he and
hie wife began to talk about some woman. Witness said,
"be did pit care a curse about anv woman." The prisooer
said if be said to again she would stick him. In about a
minite after, she made a blow at him with a knife she bad
better hand ; he put up his aria, and that was cut.—Cross
examined: The 'prisoner Was jealous Of a woman named
Anne, a servant in the house. He bad toed aggravating
language toward her. that might bare induced liar to act
is that wander.—William Smith, a potter, corroborated
this account.
The COMMON SIROSANT said, that td constitute the of
charged in the indictment, malice prepense mutt be
evident. Nothing of that kind appeared here. They were
quarrelling together, and under the influence of a sudden
emotion of passion. she made a blow at the prosecutor.
That did not constitute malice prepense. He should there-
fore recommend them to acquit the prisoner.
The Jury immediately returned a verdict of---Not Guilty.
Anthony Rogows was indicted for having feloniously
and maliciously. oath, 6th of October, set fire to the pre-
mises of James Swan.—The prisoner is a person who rents
a room in White Lion Court, Fleet Street, where lie
teaches fearing, boxing, and other gymnastic accomplish.
meats ; and Mr. Swan is a person who was formerly a
paper merchant, of whom we may remark the unfortunate
particularity of having bad his house burned down no lea
than three times, on all of which occasions he was unin•
sated. The first witness called was James Swan. I have
some premises at 76, Fleet Street. They are on each side
of White Lion Court. I bad let a large room to the pri-
soner, as a fencing-room. on the ground-boor. It is 40
feat long and 13 wide. The fire-place is about 15 feet from
the door. The whole buildings belong to use. The room
above that is empty, but was a printing-office. The one on
the third floor is still a printing-office. On the 7th of
October, about 10 io the morning, I saw a pile of coals on
the floor about 25 feet from theifire-place.—Cross examined.
The fire would have come out at the door. The printer's
boys employed on the third floor used to play tricks oo the
prisoner.
William Twopenny.-1 am errand-boy to Mr. Rgerley,'
in Fleet Street. He has got some rooms over the prisoner's.
On the 6th of October, I heard a noise of a cracker; that
was about 7 o'clock in the evening. I came down about
9 o'clock, and I saw the partition of the prisoner's room
next the door on fire. I went and gave the alarm in the
house, and some persons came and broke into the room.
There were about two shovels full of live coals lying
against the partition, and the room was full of smoke. I
went afterwards into Fleet Street. and saw the prisoner
walking about, at the opposite side. I went to the watch-'
boon when he ass taken there. He said, "he saw the'
room on fire. and be abut the door."
William Down.-1 am an apprentice to Mr. Bingham,
who is a printer, on the third floor. About the 6th, there
was a great deal of paper in our warehouse, belonging to
Mr. Wooler. 1 heard an alarm a little after nine o'clock
on that day ; came down ; the door of prisoner's room was
broken open. (Here the witness corroborated the testi-
mony of the last witness, and stated the grate was warm).'
Early that evening I saw the prisoner come out of his,
room with a woman, and he said, 'r they say this house has
been burnt twice or thrice by accident. but I don't think it
was so." I saw him afterwards at the watch-house ; he
seemed drunk ; he said he had seen the room on fire, and
had locked the door.—Cross-examined told a woman
named Mary Baxter, that they were going to have a good
lark that evening with Blackey; I did not say "a rerp
good lurk;" I did not mention what he said about his
having seen the room on fire, to the Magistrates, because I
forgot.
Edward More.-1 am a patrol of St. Bride's parish; on
the 6th of October 1 was called, and I went to Rogeson's
room ; the wainscot was burnt through ; the grate was hot:
I went in search of Rogeson, but coud not find him; 1
saw him afterwards at the watch-house, and 1 took him to
the Compter. •
Cross-examined : I never heard the prisoner say he had
seen the room on fire and bad locked it, nor words to that
effect ; he was not intoxicated.
Edward Cozens, a constable of St. Bride's—The prisoner
was brought to the watch-house at about half-past 9 o'clock,
and I sent him to the Compter ; he took a key out of his
pocket, which lie said was that of his room, and he said he
would not give it up to say body but Mr. Swan, at Christ-
mas. Witness produced part of the waistcoat, which was
very much burned.—John Philp, an apprentice of Me,
Edgerley's, corroborated the testimony of the last witnesses,
as to the state of the room, and stated that the prisoner
repeated the words, as to his having seen the room on fire
several times. More was standing close by him. Did not
mention these words to the Magistrates, because he forgot
them. He bad heard nothing about a lark.
Charles Matthew Springsby, an apprentice in the same
premises, mentioned the circumstances of bursting open
the door of the room, and the state in which it then was.
The prisoner, when called upon for his defence, put in a
written one which was to this effeet That lie was Vie
victim e a foul conspire •y, con •octed by the apprentice
boys in these Willis's, for the purpose of removing him
from his Situation. He had been insulted and ill-'reated
in every way. Fire works bad been thrown into Isis room,
pistolsiired into it, pails of water emptied upon him, and,
in Short, every means devise I that could possibly Imo)
him. His oply !vitae for' keeping the room so long, was
the COnveniince it afforded be its large dincenstons.
Besides this, its would ask Ike •
:Jury, whether any person,
who bad intended to set fire to the Liar, would hire
placed the coals in such a place, as "described by the
,witnesses? 41e had not insurer the vornii, and th;`refore
could bate "no intrrest 'either In its seety oidsorructioo.—
Me. • howerer treated: that God. 'who wa•rited Dyer the
humblest of hts creatures, would' t urrll the &Ohs Vf this
xonsPiraey to the minds of the Court and Jury, and induce
them to do justice faiiiiitharacter by aciritting Val."