The Statesman.
London, England, 1822-10-25 00:00:00

is sniping, hearing date June 1817. He. settled the
demi, having previous?? given en opiates that the 'sbc u-
rity um good. He Itsd nedoabt the Duke bad the power
to make the grant.
Cross-examined by Mr. Scasmerr--He raid' the deed
war as concise at ri•- Ices would permit. He bad
ifestion s . bad

not been regularly in the prol___ since 1817. He tt
done nothing for Howard and Gibbs since 1817. He
knew nothing of the parties in the deed.
John Abbott, clerk to the Duke of Marlborough's So-
licitor. It was proposed by the Duke's advisers to sub-
stitute other securities after the decision in Davis's cue.
The deeds were prepared by Mr. Saunders. Gen. St.
John was one of the trustees.
Cross-examined by Mr. Ma .—He said the an-
nuities were in &melte in 1816 and 1817. He bad no
communication with Howard and Gibbs on the Doke'.
embarrusments, and whether they knew it he could
not say.
Re-examined by Mr. GVIIMIRT.—He said when the
Duke came of age he bad the power of granting an-
nuities.
Mr. Melinen said himself and uncle were attornies for
General St. John. He produced a deed in %bide Gen.
St. John had a conveyance in trait of the Duke of Marl-
borough's estates.
Thomas Stephens, clerk to Gibbs in 1816. He was
the attesting witness to a debenture executed by Out-
sell (produced.)
Cross-examined by Mr. SCARLITT.—He knew that
Howard and Gibbs bad done business for his Grace the
Doke of Marlborough. He did not know whether they
raised annuities for his Grace to enable him Mpay or
other annuities. The witness managed the cosmos law
department. Mr. Preston's, Mr. Butler's, and °thee IF.
gal opinions were taken, whether on the prowl/lea: Or
the 2d of Queen Anne, the Duke of Marlborough oak
sell tleincome derived front the Post-of e.
The opinions of those gentlemen were read. They is)
tided that the Duke had the power todispose of his life
interest in the Post-office Revenue.

A letter from the prosecutor to the defendants weir
read. It was dated July, 1818, and addressed to Miami.
Howard and Gibbs.

" It was eight months since the Marquess of Sligo's
annuity was paid. I must confess 1 do nut like the
Doke of Marlborough's security, and you will oblige me
by paying 1,200/. to Messrs. Wris•ht and Co., bankers,
who will place it to the 111Ccoant of 4. M. DARTS:ILL"
Mr. SCARLETT replied.
The Loan Cuter Jurrics said the dory ought to take
especial care that the verdict they gave was founded on
sound evidence. It was Impossible not to have heard
many reports respecting the defends** which ought to
be dismissed from their minds. His Lordship took the
'liberty of giving that caution, because he knew there
was genera ly 'natters respecting persons of notoriety
which would press on the mind. They bad to consider
whether all that tt.e defendants had done was in frond
and contrivance to cheat the prosecutor. If the sups
they bad taken, however, naseccessfol, were not fronds
lent, they could nut be pronounced guilty.
The Jury• acquittal the defendants.
OLD BAlLEY.—Tnuttanstr.
Acrid Jaskiae and Moms, Proud were capitally In-
dicted for committing a burglary in the dwelling-house
of a Lady aimed Mounsey, in St. Margaret's Westmin-
ster, and stealing a trunk containing linen and wear-
ing apparel, value 101., the property of Miss Louisa
Owe-

The Jury acquitted the prisoners of the capital part
of the charge • it being proved that the house was in
St. John's, Westminster, instead of St. Margaret's. as
laid in the indictment: but they were found Ouilty of
the larceny.
ROBBERY BY A S . SaraA Perry was put to
the liar on an indictment charging her capitally with
stealing in the dwellinglionse of her master, Mr. Ed-
ward Byers, a quantity of lace caps, &c. on the 17th.
inst.—Tile Jury found the prisoner guilty of stealing
to the amount of 395.
flillinia Croueher and Charles Henington were le.l
dieted for stealing in the dwelling house of William
Smith a great coat, eight silver spoons, &c. his property.'
—The Jury found them both Guilty—Death.
DARING ATTIGIIPE •T BURGLARY.—WiIIiant Holland
and John Barnet were put to the bar on an indictment,
charging them with burglariously breaking and
entering the dwelling house of Charles Clayton, of No.
29, Oxford-street, on the 20th of September last, with
an intent to steal.

This case gave rise toe question of very considerable
interest. The prisoners were charged solely with the
burglary, and not as in ordinary cases, inclictetl on other
counts. The question conseqnently was, whether the
breaking and entering took place before dirk or not.
To substantiate this fact, several witnesses were called
to prove that the transaction did take place after dark,
ant! the Learned Judge (Net expressed an opinion
that the case must be gone into.
The prosecutor described the prisoners to have come
into his house (the George) on the day in question.
Some time after, he heard a noise, and went up stairs to
the room in which the most valuable pa. t of the pro-
perty was placed. He met Holland on the stairs, and
attempted to secure him, when a most violent struggle
ensued. The prosecutor held fast hold of Holland and
they both fell down stairs to4ether. The third man, as
the prosecutor Wel-knocked down.-paabed the light oot
of the servant's band, and Hollaad ran out at the hack
door, pursued by Mr. Clayton„„Wito did not lose sight
of him. Holland was then *reared, and on going up
stairs, the bed room was found open by the Prosecutor,
who shut the door, and came down to secure the ,
other doors. While in the act of securing the front
door, be heard a scuffling between Barret and three
or four persons. The prisoners here then given into
custody.
Several other witnesses were sailed to bring home the
charge to the prisoners; four skeleton and one piA•lock.
keys, a dark lantern, and a phosphorous bottle and some
marches, were produced, which had been found in and
near the premises.
Several persons gave Barnet a good character up to
within too or t twee months of the transaction.
The Learned Jo Ice (Plea) in sunsuting up, paid it
would he fur the Jury to B.IV whether the et •me had been
committed eller night (aut. not. The son did not set
on tie following day of the transaction until ten minutes
after six, and consequently it was possible that the twi•
lirittizlit have laved fur an hour after.
. r
The Jury consulted for tacitly minute', and then
asked leave to retire. On their returu, after an abwere
of roe hoer and a half, they found bath the prisoners
—Guilty—Death.
The prosecutor recommended the prisoners tomerey on
account of their former good character.
The RECOIIIMIL said the recommendation should best.
tended to.
Before the Recorder and a Loader Ji 117.
Irt. limes was put to the bar on an indicting/at charg-
ing htm with stealing,
on. :he 29th of July lest, in the

,~: .

dwellinOlionse of James Berwick, hosier, of ALlerapate-
street, a watrltand appendages, value 51. and upwards,
his property.
Tile Jury feted hits Goilty of stealing andel-10s., and
the lterortier immediately sentenced kiwi to be trans.
ported for amp years.

SUitREY SESSlONS.—Tausabat

A tespeetablolooking mart, named George Hall, was
tried apes • charge of having felonionely stolen 42
yards of hombasin and other articles of the vales of
ISI„ the property of David Simpson, hakerdasher, .57,
Iliahopeate-street. The circomstancre of the Case
have already appeared in our police report. The proof
was complete.
When called upon for his defence, the prisoner said,
with much emotion, It is pf little import to me what
verdict the jury shall give, for after having been placed
as a criminal at this bar, it is impossible that I ens
can ever again bold up my head in this country, at lean
amongst • those with whom I have been actustamloll
to live. have been brought bete by an eat
course of life joined to habits of gaming, ...72:
any natural depravity. All that I have to ask is, that
the Chairman, when he shall come to soisteuse me, will
so dispose of me that I may be made orreleeside to al
country, whose laws I have outraged." The Jury louse
the prisoner—Guilty.
The Court lequire4 Into the primers,/ lormeeillinew
It appeared that he bed mode it a earlier to eebSd
men by, various methods, seemed bill WON fine
against the primmest for eteilimi a gasatity of !era:y-
amn from a merceiba. H. pretosinaf then ho put ap at
the Old "bhp Iwo, sad. tools she husilwoulleof the lands
ads' boy who elocielatilishod m eft& it
dirromgh ihe bads of Alte boom- - - • , ••• ••
T. ptiosaw appeared Mosel' Os of wet
sesslosisg hiradaoeeions, and I. was bell
wp eti peon savidraper in Seeds W IMO k was
4soveWslot he swim ties ago Imps a oily respectable
toiLmealsee shop near London Itritige.
Cifatitletn =stewed Min to ise MOWsperted ler
weirpris:L.eiotite of the Grand Jury 8.1
the ill, but the Chairmen sal
Sh !Oat sal that no one cook' bit
oot I Magistrate ; and there wad an
the Boo* wile amid be spared to show
Airy.

nrsucAlvs AND TRAVELLERS.

Some rams of interest to Licessed Victaallers, awl to
Travellers of all deasao, rues yellstsd sod Wed os.-~
terday at the Piablisa.liMißolmeamollVelaitillir
Daniel Williams and Jobs Ha. iwielharai /at. Wyatt,
Seam
Richard Stokes, landlord of lir Illewsketad Harrow
it Stratford, was informed agglant few having served
liquors in his own boos. at holfimost twelve o'eloek os
&May last. l'he defendant, alsd two witnesses for
trim. contended that be did not open his house motif
after divine service on the morning charged to the is-
hirmation.
• Sir D. WILLIAM/ add, that before a eonvictios esseld
take place, it was requisite for the informer ',prove that
the defeelent committed the offence daring the time of
divine service; and he asked if the informant
was prepared to chew the exact tires that the service
skied on that Solider at the parish church ? The in-
Case was

Partridge at
so pleaded
pooolty of

4 dig &e-
-beer at-

splinted
.tiog , window
(it was proved that the defendant had served liquors
out of awindow) was not the same as keeping the bone
open.
Sir D. WILLIAMS here observed, that the law bad
made no distinction. By a former Act of Parliament,
publicans were authorised and empowered to hat boor and
afford refreshment to travellers during divine service on
Sundays; but that Act was now repealed.
Js. iVealer, of the Coach and Horses, Stratford, was
the last person proceeded against. Witness proved that
there were persons d►inking in salted in the defendant's
yard or skittle-grounds, at half-past eleven in the fore-
noon. The defendant seemed to think that his case did
not fall within the meaning of the Act, as the persons were
not at the time in his dwelling•house.
The Magistrates said that the offence was equally the
value, a■ he was licensed not only to sell liquors in
his dwelling-house, bat in any part of his adjoining pre-
mises.

Sir D. WILLIAM—I have consulted my brother Ma.
gistrates on the matter, and they have concurred in opi-
nion with me. I now, therefore, convict you in the miti-
gated penalty of 50s. and costs.
The informer said he intended laying information
against a number of public-houses in the same
neighbourhood, for allowing gambling in their houses.

ulveraa vu au... .uuiday au we parmu snaresr I
Owen.-
former having answered in the negative, the Co
Thomas Pace, the °Seer of Queen-speare, apprehend- ordered to stand over for final decision.
ed one of the prisoaers, and was taken by him to a Aim Holiday, teodietly
of the Dolt
and pent
house, wl,ere he matedhouse, that be hail sold the Attlee pro- Bow, was charged with a similar offence. She ;
petty. The other prisoner made seine admissions to the guilty. and was convicted to the mitigated pa
prosecutrix, Miss Owen, which the Court would got 20s. and costs.
hear, in consegueece of her having mad* 16n slime. A pentleman, who said he was a neighbour of
promise 1. that it Weald be billet for bias Wilkie the fondant, wmshed to knob. if be coati feud for busdisclosure." On a cellar ibeing wheel one of illiktikela mewl . Time idhlrietesto sold in i
the PeitelleTS Hued. -Po. rritor it ~tribe Mend fit. person keeping the
found. The robbery was ifketed II 'reeking nto a 'louse to tens lain.
back window; and there were foot marks about the Br. 'fh the Chief Clerk said that it ap
impacts. •
size of the prisoners'.
to he tint gentleman's opinion that revving at th?,
The Jury acquitted the prisoners of the capital Dart ~. . . . . . . . .