The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1842-08-05 00:00:00

BURGLARY

Edward Mercer, aged 23,;;;Iri:licted for having, at Li-
verpool, broken open the dwelling-house of William Chic-
nall, and stolen therein a coat, a pair of trowsers and other
articles, the property of the said William Chisnall. The
prisoner had pleaded not guilty, but withdrew his plea. Mr.
Wilkins made a statement in his behalf, and said he should
call some witnesses. It appeared that this was the pri-
soner's first offence.

John Fagan, 22, and William M' Moran,l9, were charged
with having at Liverpool, feloniously broken and entered the
dwelling-house of Henry Disley, and being found therein
with intent to steal,

Dr. Brown conducted the prosecution, and stated the
facts of the case, some of which were recently published,
after the examination before the magistrates.
Mary Disley said her husband and she lived in Bevington
Bush. She described the house, which is of one story, with
pantry and cellars below. There was also a hay-loft. On
the night of the 13th July last witness was down stairs in the
kitchen with another person. She heard a noise on the front
bed-room floor up stairs. This was between nine and ten
o'clock. She sent a little girl up stairs to make the win-
dow, and went out herself into the street. When she
got out she saw Fagan's face. He was looking out at the
window, which was then open, and he was in the room. lie
drew his hand in, and she screamed, when he jumped out.
All the doors were open at the time, There was no way of
getting to the bed-room without passing through the house,
past where witness and two others were at the time. She
ran after Fagan to the top of the street. (Witness, in reply
to Fagan, said she could not say whether the window, which
was open in the day, had been closed before she saw the man
looking out.) A piece of wood, used for fastening in the
window, was produced. Witness said she knew it, and that
the prisoner had it in his hand when he leapt out.
Elizabeth Sefton followed a little girl up stairs, and saw
the Prisoner Fagan in the bed-room, at the bedside. She
left the room, and followed Mrs. Disley into the street,
whence she saw him at the window. He afterwards jumped
out and ran away. She ran after him, and had him in sight
when he was taken. She did not observe, when she was in
the room a short time before, whether the window was closed
or not. The prisoner Fagan importunely cross-questioned
the witness, but without any benefit to his case.
John Mulhatton saw that night three or four men loiter-
ing near the house. He saw two or three shoving a man
into the window of the room. He asked them what that
man was doing there. M`Moran said he had gone into the
bay loft near by, and he said " No," he had gone in by the
window. The prisoner was one of those standing on the
parapet when the man was put in at the window.
Henry Disley, owner of the house, said the window was
about seven feet from the street. He was in the hay-loft,
near the bed-room. He heard the alarm, and saw the pri-
soner Fagan, as he looked out of the loft, jump out of the
window.

A young man saw Mr. Disley pursue they prisoner, and
hold on by his coat tails. He kept sight of him till he was
apprehended. The other prisoner, M`Moran, took some-
thing like a knife or dagger, and threw it over a wall. He
could not, however, swear to his face. The man he saw
was, he said, taken up that night. (M`Moran was not, it
appeared, taken up till next day.)
Police-officer Toole was present soon after the alarm, and
took hold of Fagan. M`Moran got hold of the prisoner
and attempted to rescue him, and said he (Fagan) should
not go without him, and was himself taken. A chisel and
some skeleton keys (produced) were afterwards found on
Fagan. A crow bar was also found.
Officer 540 apprehended Fagan in Paul-street.

The Judge summed up very perspicuously. There could
be no doubt but Fagan was in the room, and with intent to
steal. The facts sworn to with regard to M`Moran also
showed that he had assisted the other. The piece of wood
was a part of the outer wall of the building, and it was seen
in Fagan's hand. This itself would constitute the burglary.
The jury found both prisoners guilty.
The JUDGE caid there could be no doubt of the guilt of
both. They had attempted to rob a pew man. He could
not pass a less sentence than that he should pronounce. His
Lordship then passed upon them sentence of transportation
for fifteen years.

EXTENSIRE ROBBERY

Matthew Mann, 42, was charged with having feloniously
stolen at Liverpool seventy-one sovereigns, and nine pounds
in silver, the property of Samuel Fryer, a publican, resid-
ing in Nova Scotia. Mr. Wilkins appeared for the prosecu-
tion.

Mary Fryer, wife of S. Fryer, said, that on the night of
Saturday, the 25th of June last, the prisoner and another
man came in and asked for two glasses of wine. The pri-
Boner asked for change of a £5 note which she procured for
him. He afterwards wanted the change in some smaller
gold which she took from her bed-room, opposite the room
in which they sat. They could see her in the bed-room.
On the Monday following they returned, and asked for two
glasses of punch, and two cigars. The prisoner gave her a
shilling, and she gave him the change. They afterwards
went out hastily, saying they would not stop to smoke their
cigars. She afterwards missed the money stated. She had
previously seen it safe in the drawer of the desk in her room.
She found four £5 notes lying on the floor of the sitting
parlour. Two of them were of the bank of England. She
gave the alarm, but the men had gone. No other person
was in the sitting-room but the prisoner and the other man.
Sarah Frier, the prosecutor's sister, and who is servant
with him, saw the prisoner in the house on the previous
Wednesday, with the other man, and also saw them on the
Saturday and Monday. She was sure the prisoner was one
of them.

Police-officer, Thomas Ainsworth, jun., proved the appre-
hension of the prisoner.
Mr. JAMES addressed the jury in behalf of the prisoner,
in a very ingenious and argumentativemanner. He con-
tended that there was no proof against him, and that though
the robbery was really committed, it must have been done
by some other persons. Ile called witnesses to prove an
alibi, but their testimony was discredited.
Mr. JAMES spoke in behalf of the prisoner at considerable
length.
Mr. WILKINS addressed the jury for the prosecution,
contending that the testimony of the witnesses for the alibi
were not to be at all depended upon—one swearing to the
conversation between the prisoner and Ainsworth taking
place below stairs, and the other that it was up stairs. He
went over the whole of the facts of the case, as regarded
what occurred in the public-house, and concluded by ex-
pressing a strong opinion of the prisoner's guilt.
The learned JUDGE summed up, giving a fair and consi-
derate statement of the whole of the circumstances.
The jury immediately found the prisoner guilty.
The JUDGE said that it was impossible to doubt the guilt
of the prisoner, and after recapitulating some of the main
facts, sentenced him to he transported for 15 years.
HORSE STEALING.
Thomas Turk, 40, and Charles Sweet, 19, were indicted
for having, at Liverpool, in July last, stolen one gelding and
one mare, the property of Daniel Conroy.

The occurrence is so recent, and the circumstances ap-
peared so fully in the STANDARD at the time, that we think
,t unnecessary to repeat them.

The jury could not agree on their verdict after being some
time time in the box, and accordingly retired. After being
absent 25 minutes, they returned, and gave in a verdict
against both prisoners. Sentence deferred.

LIGHWAY DODDERY, WITH VIOLENCE, AND SIIOI

BREAKING

_ .......
Thomas Doyle, 22, William Doyle, 19, John Keenan, 19,
John Macdonald, 18, Sarah Jones, 17, and Eli:. Hallam,
15, were indicted for having, at Liverpool, feloniously and
violently assaulted- one James Rinimer, and stealing from
him a watch, a spectacle case, a pair of spectacles, two odd
gloves, and two books.

✓ Mr. Forsyth conducted the prosecution. [This case we
also reported when brought before the magistrates, and
we therefore merely give the prosecutor's testimony.]
James Rimmer said he lived in Shaw's-brow. (in Sunday
evening, the 22d of May last, he had been in Sparling-street,
and had had several glasses of spirits. lie turned down Dale-
street on going home, about twelve o'clock. Two girls got
hold of him, one on each side. lie turned down with them
into Fontenoy-street. He felt his watch slip out of his
pocket. He saw some men immediately after. He was
knocked down from behind, and severely kicked. When he
recovered himself, he missed the articles named. He called
for the police, and was taken to the Dispensary, and thence
to his own house. lie was much hurt about the throat and
head. He could not swear to any of the prisoners, but they
were identified by other witnesses.

The case was summed up and commented on by the Judge,
and the jury found all the prisoners guilty. _ _

John Keenan and Elizabeth Hallanz, two of the same
parties, were then further indicted for breaking open the
shop of Joel Hart, in Dale-street, on the 30th of May, and
stealing therefrom 41bs. of cigars, 21bs. tobacco, a knife,
and other articles, the property of the said J. Hart. The
case, which was stated by Mr. Forsyth, has already been
before the public in the columns of the Standard. In
searching the house in Ford-street, as stated in the last
case, the knife, a peculiar one, was found on the person of
Keenan, and a small tin tobacco-box was found in the hand
of the girl Hallam. Property was missed to the amount of
from £23 to £3O. Some cigars were also found in the house.
All the property found was identified.
The jury found both prisoners guilty. All the prisoners
in the two cases were then put up, and the Judge in passing
sentence said, they had all been convicted of a highway
robbery, attended with violence, which subjected the parties
committing it' to lose their lives. If the violence had been
proved against them, such might have been the result ; but
the jury had negatived that part of the charge, and they
were therefore to be punished for the highway robbery only.
The case of Keenan and the girl Hallam was gone into only
further to prove the kind of life that they had led. Their
conduct had been marked by great violence and cruelty, and
such crimes were not to be tolerated in a Christian country.
It was quite necessary, therefore, to pass the sentence which
he was about to pronounce, and which was, that they should
each be transported beyond the seas for the term of 13 years.