Summer Assizes.
The Times, 1824-08-12T00:00:00

Befor Mr.Baro HULOCx,and a Commontn Jurye. Maurie Cafiel andMic/et Wite were placed at thc bar. chared ithhavig flonousl an buglariously entered the dwel- linghoue ofEdwrd Elis of ewtn, in the West Riding, oni thoer8thyfMrc,aidhvn stlen erefeomi certain mroniies, his Air. SIIAUDnE, who conducted the case for the prosecution, called the followinK witnesses to subsitantiate the indictment:_ Maria Ellis, examined by Mlr. ALDER80oa.1-lI am the %wife Of Edward Ellis, who keeps the Newton toll-gate, between Leeds and Wakefield, I remiember iMonday, the 8th of Mlarch. Atboit halt'. past niine in the evening of that day, a few mfinutes after the Leeds miail to London had gone bv, which is the latest coach thait travel, oni thec road, I fastened the gate, hasped tie doors, anid fastened thec ishutters of the hiouse. It was not a dark, but a mioonlight nighit. At that timec I hati a good fire in the roomi; it blazed, and I had also a can.dle. Whilst things were in this state, and as I was going to sit down to read rny Bible, I heard a cry of G (ate." Pitpt nty head outof the door to sjee whiat was the matter. I re- ceged a bluw on thie face, and three or four men itumetdiateli, rulhed into tiac house. One of them threw me down) and( heat me a greatt deal about the head. I called Out tO tny hausbarid-- Ediwardi, they ar ilng m" I didl not See Whlat thiey dlid to mny husbxndl. I Itar them empty the naoney out of our day-box on thie table. Ttit day-box is the o in which we keep thenmoney we reciedrn,h da.Iheatrd the gls,i hc ekp our silver spoons, ring atad thieit break. That was kept in tlie parlour, next, to the roomn in which I was. it was in tiac roomt itt which we kept our imonthly box. I saw two men takeout0of that box the bag in which welkeptournioney.They too awy ailer wtchwhih ws hngig n a nail against thewall, ti silvrspona,eveal aif-rowa, ad oterpieces of mnoney. I cani't say xacty Iow ntic. Afer Ihadlaiddow somne timne,orne of the iieni puled ateup y tle airant thew acrownwitla my head against the cloc. Th tw mdiwiton Isaw indbrown round tuastian Jackects, just like thiose wlitich- the pioesnwhav on. I catnnot speak to thie persons of the ien w oentered the house. I was held With Iny tace dIowrn to the ground all the tiune. Cross-exatnitted by Mlr. ALEXAxNEit.-.I was not before the Graitad Jury. There is a catial passing close to NVakefield boats go aloing it; the boa taieti generally wear round jackets. It was aifter I liad been lif'ted up f'roin tke ground tlhat I sawv the nine,through the door-way, take the mlonthily mioney fromn tita box. Sly husband, I believe, was asleep, wheiti tite' itien first entered the hiouse. I inade up a good tire, as it was a cold taighit, anii( I intendled to sit up till 12 o'clock. The Eoll-gate is about a quarter of a mulle, fro in Waketield. I dlo not know, whiether it is thie parish of Wakefield oor not. I think it is. in that parishi of'Stanley. Re-exarnined.-The boatinen of' the Aire attd Calder ravigation getierally avear bluejackets. Thie cattal ig oni tke other side of Wake. fieldi, and is about a miiie f'romi tfte toll-gate. Edward Ellis:, examined by Mir. All AUD1E-l live at the toll-bar at Newtoni. I am 117 years oldc, myv wife is 52. The toll-gate is ini the towttship of' Newton, anid parisit of Wakehield. I hea~rd nay wife go to tite door, but I did naot hoar whiat took tier thiere. f heard lier call out, "1 Edwardl, thiey are kiliing mie !" I inotie- dliately rose up) to go to her assistance, but before I could get tip, two nmen seized me and polled nic off the bed. I got upt myfe in the struggle. I struck tlaciut With mny lcf't band, andl drove thetn of me 'P m"ri's'oners at the la Ph w ~~~wohite h,,I, I t .-A..r Ie ald ar ete twone am quite sure of it. I had seen Michael Wihite at different times bef'ore. Air. WVard, his miaster, the surveyorof ihe roads, brought himi sonici tWo or thiree tiines to nmy house to pay hint hlis wages. White Was thlen a workmnan ott thte roadis; hiow lung lie w;-4 so. I cannot say, but I think for nearly a twelIveimonthi before ttlii thiing was done. Thie mien, after a short struggle, got tiie by t-he lgs anmtd threw mei clown upoii the floor. WVhiist, I was uipoti ithe floor they jumped upon e,and pioised mewith their feet. I despaired of imv lift. I C2ti'e say how" lon ~they kept ince dowit ; but as they- cainie in in a flury soddtey go out. I hieard suoiic other mien making a nois tt anothet r Iart of thc hiouse. I thioughit it weas in the parlo.ur where I kepti nuy l moe. The prisoners at thie bar never left rme, or cetsed to j umii on tne, whilst they were iti thie louse. I Could not Ree where ily e'ile waeeduring thiis tinme.I wasoi tilev b.ick on the floor all this C thile. I canniot say whethert all thie mien wienit awvay together or not. Thiey left irie oni the floor unable to inove. They cut ruie ott the sitle of' the iiead, over thic eye, and tite nose. I bear ttite muarks, i1011. I liad atlso two ribs broken. Sly wif'e got assistance after thie inen lett the house. I was car-ried to bed, anid I Iris three weeks befoire I could get up or dowit sithiout assistance. I was tllirteen weeks befo`re I could, return to tity business. At that ritnie I had upwards of' 8Ihl. it; dile house. Alir. Jolttt Ward, of' Br"shford, was thte per,son wlto col- lectedi thte toll for titie. Ile was iii the habit of' coniiing to tme 011ce a nouitli. I hiad hl.il. atid upwartls taltel,tfrotn 1iie thiat itiglit. Thkat !noney consisted ot two dl.notes, itt guiniea lotes, 45onte pouind tiotes. These were in oone purse ; in antoth'er ther-e Was nearly tell p4ounds itt hiaff-crowils. T'iac wlhole of it went. In tite monuthly box thiere were twvo etids; ait thie lef't htand end titere was at five pound note witlh two gtlAinea-notcs p)inined to it. I plac-ed the pin lin it. be- cause I paid otmce a 5I. note tor a II. totLe. The ;I. ii.te was of' thec ,V'akefeld Nhclest Riding Batik. I hiad paid particullar attentioin to it. I do not know tite uitotific ,but I thittk I hiave seet, it sitice. Mr. Wiitaeiiatn, the iiagistrate's clerk, tlicit lhail it. 'lite mnen whlo seized Iite wore jackets like tiloac clite prisoners have oii, unlYr Utnin- field itad a lighter jacket ollttita.ot lie has at preselil. Cross-exatmined by .Mlr. Ae.sxAts'ouDz-x- h iave beetn tull.bar- keeper 15 years. lInt Ciat titale I liavc rces4ved setveral dl. tIotes. I cali'e say iotw itaisy several hmumdreds. I alwavs noctice all ill. noews. c akntiot tell whiat kitadi tile last dl. note was wliticli I received, tLtoagh I ctil tell witat tile liote weas I took in Mlarcht. Sir. AVardi did niot brinig itue mnen to tlly house to paty iftenti their wages above three or four times, because I objected to it. Ilie touk itaif an htour in pay- inlg ttiein ; lie brouglht 201 or 30 mciii with hitmii. I lmaidi tie necessary attteitilott to Letiem. I was in tile satle ootn, withil tly wife achien she wetit to thie dloor. I did not lhear hier, but I1 was nout asel.As moon as I hicard tily wif'e cry oum, ttie nten were uo mne. Thecy wvere uipot ime in atn inlstant. I do not know flow I felt mtyself at the tile, but I was taot so confuised as rioit to t:e tlie littei thistinictly. I aiii All. Johit 'Ward's, servailt, andi receive tuie tolls for tiuim. TuLe catidle was not knocked ouit Cithe fire was. in it good blaze wliett all this took place. 'Tue coninitissiomtiers of thie road alwrays provide tile toll-keepers with a hotuse. There is Ito writing letwiecti tnte anid tile CoiaiolSSioiLers ;their contraICt is wvitli SIlr. WVard. I aiii paidl by tioi by, tile week, anid hiave the privilege of' living in the toLll-house. Titere is nio agr-eemnctt ill writinig hr. tween rnie and Silr. Ward as to thte tittie lie tinust giv-e untie9. to qttit. About a year ago, whent I. sate ir. Ward pay tihe prisoner White lila wa ges4, lie wvorte a blue smiock-frock. I do nuat patruettlarly re- col lect athe dress lie tvore tile first, lttle I saw htmni. Benjamnin Blrowne.-I aln the superinteitdeitt of roads utader Air. WVard. have knowit the prisoners at the bar for two years. Thiey havelpassed by th.enalneis under witich tite)' are himisiced. Alichlel Wiliie lizsa a brothier called Peter. I kttow Mlatthiew Fitzpatrick andi Timoithy, Cotanolly. tIn Mlonday aft'ernoon Connotlly etnt. his work on tite Huddershfield rotacl. The piisoner Camriieldl left it at tlie same tinie. Timeprisonier White wvas working at SirJolitiiKaye's. Wiages were due to thena at chat timie. I paid, ott thie 11th of MNa'rchi, mnoney.whitch was due to tlient to a liersoti to whomn thiey owed it. Terence Daweii,examnineml by .'lr. At.DERSON.-I all) an irishl- iman, and w-as itnitorted inito Etaglamad two years ago last Slay. I have! worked on the roads risost of the tine. I weorked oji time Wrake- field roaths with the pisoners at tlle batl. I kitew Coninully and Fitzpatrick. Cotrmmoly was ta .-cry tall maiel. The two prisoners lef't tuie Leedls anid N'makeficd roaed about Chmrisitiimtv, and welit to the Ii uddersfieldi and WVakefield t oad. TIme s:ese surveyor is on bothi roads. I was also moived to tlie l.luddersfield alId Waekficild road a tortitiglit aft'er iciteii. I left thie roadi entilnlv about the be- gnng of l ast march. I went to assisht in brie'k-mnaling. On .'lndyt)he Uld Alarelmi I wats at Waikefielld. Os that afternoon), th prisoiners anid Coinnolly and Fitzpatrick esatie down tIme road t Ine. I asked them where titev wvere goinig? they said. they were going to Wakefield to get aL watcht repaired. l'i'ey said that whien tthey came back, if titey hiad a sixpence or shilling to spare, they1 wvould treat mne to a quart of ale or so. In thiree quarters of' ait liour they returnied. They went to the Unioan public-hiouse, wliicit is near WVakefield. I got mny drinlkings at itotine, andtt Lien went, to tue samec place ', where I found them all fouer. Thisa teas between five! attdsix o'clock in the after-noon. I staved Withl thtem tkhere till about half'-Past eighlt o'clock. I answered ?obr three quarti, of ale wliielt they hadi witha ute. and also fo)r a quiart which they liad before I coatte. I answered for thein, becauise 1 was their acquaintlance. I unde.,Wtod titat they hiad ito money, btit they did niot tell nmeso. I stayed withi tlitota till hlatt-patE e0igt o'clolk-, authc timeii I saw no inore of titena. The heaxt maorning I heard of ttile rob- here. I anai quite sure of' thatt. Richaurd l3irkintshaia, by Air. MAUDtt.-I Was at the Unlioit pub- lic-house. I saw four I rish labourers Ltitere between six atid se,ten o'clock. Tereuice Dawven came in afterwsrds. The two prisoners tit the bar wvere two ot' tIle piarty. 'There was also a tall iitait avitIs thine thley eailed '1inia. Newtota bar is ini the parishl of' Wakefield. Gerg nai,l h-l kitowc Michanel Whitie ; htc lodged at mef1tatluie',, house in Sandy-lane, wvliichi is near the roadbten.ttlesil tind Wakefield. Miichaael. Wliihe was working at Sir .1. Kn-yc's. He. wus mnaking a fishi-psiad there. HIe lodged withi uty fathier axout- eight weeks. On the 8th of Mlarch hie lef't taay fathier's. I was ati hlomye on tille Sundav. AMichauel Whtite, on the forenoon of that day, wenit down to look at thse navigation, along witlt Camfield, Connolly, and Fitzpatrnck. 1 saw thor aiLl talking together.- in the forenoon.. On the Satdav night he camne borne. On the Moiiaay momingn be set. Off foe Wikefield with -the same three Pnen, 4 He, dud not comse. borne again ti1l ~7sx o'clock- on Tuesday mrorning, -Le then -took- op a sbhit and pair atf stwckidp; these were all tint cloteshehad. .J asked -him if be was going away. He guve insa ino answer thn liut on repeating the qjuestion, hi told mne that he wais going to. Huddeefieldl, und should retrn alt a welek. At thLat timne Coanaolly and Maurice C-anfield were with hitt. I saw him again at Roehbdae he was then in custotdy; so, too, was Camrolied, and aniother Irishman, whose rutfae I do rot know. The tail Irishi- man was not present when I sa,w the priyoners at B-ocbdale., Ctossi-exaadzsed by Air. ALL is"Est-Before Wihite went to, Sir John. KAye's, he had been emPI0oyed on thje roads. Jene Robinson examnined...2'lhe prisoner Mlaurice Camfield had lodgd a i house for eight or nine weeks previous. to the iith of Alarcli. I recollect the morning of' that daY. I=swhim lea-re the house in the morning by, himself. I di o ee h hamai tiil he returned at twelve o'clock ats night. Mlichael WhiLe watt then iv,it. him~so wqas abig mnwho stayed at the door, end whonm they cafle.,i Timothy. Timothy rfedtcoen,bt auieCisld and White slept at m os.Wiegtu eoeIdd Cam--- I il o p after hi,adwnowa.nwate i ydb.G d Ii!t Monday miornin weteywnouthyerdesdinbrown ivelveteen jackets; teweeaodrseiithm hnteycame Iback. Sarah WaUh.-1 live in Gran-ae.lane. I bad an Irish labourer as a l1odger lately, his onmre was r'imothy Connolly; he was a very' tall man. The last timAe I saw himr was oa thie 9hh of Mlarch. On Ithie 8th of' March, he went out early to his work, and did not come in) again till late in thec night, af'ter I had prne to bed, He went our, the next morning, and I never saw himn since Thomas Beaker.-l live in Santly-lane. I know Mlatthiew Ft. patrick, he br-ought AMaurice to our.house, who lodged in consequenqe: at our house that niglht. He went out with the two prisiOnees ot tim mnitning of the 8th of Mlarch, and did not return till late at night.. An hour after he camne hiome, he got up again, and went away, E. never siaw himi since. The prisoners andt Fitzpatrick were dressed. in brown velveteen jackets. Mlany labourers have thattdress. Mary Bedford.-[ ani housekeeper to thec landlord who k-eeps the Ipublic.house or. Grangesrnoor. I remember thata littlebefore nine lo'clock onTuesday,.the 9thof Marclh, four Irtshtlen cume to ottr liouse. The prisotirs at the bar were two of themn. Big Tira was iThey paid for itin copper. They stayed for aquatter of an hour.. and thien went away. Crosa-examninedy Mlr. ALEAXIDfEE.-We had a good man)y I persons calling at our house thaLt d.y. I do not pay particular atteis. ion to themi. 11Jam-es Horner.-I am a piublican at Brick-house; that place is on the Bradford road, and not on the rinad fro-m Grange-moor to Ilan-. chester. I recollect, thatt on Tuesday four persons were at itoy louse about thur or five o'clo-k in the afterntoon. I cannot. sa7 that-I should know thetisagain. There was otte vtry tall man. rhitey got itsree or four potsio ale. They eiayed about half an hour. Aly hou,e is abt.ut eighttnie from Soyland New Inn. It is on the roadi to are... Jon larsden.-I keep, the New Inn at Soyland; it is on the highi road between Halifax and Rochndale. 1 recollecti6for Irish labourers Teprisoners at the bar were of the party. They caine about 12~ o'lc.Two of dtiem apocared to bye in new velveteen clothes. Thyremained in my house from 12 to 5 o'clock. Thieyrdank beer and gin; they were pretty good cus4tomer. tend spent very, freely. Thev had a man with thetm teeekitt work, vitamn they treated_.and also a woman anti another man. he), pin ilvr, in ntver do not recollect how ntuch thei' spent. Tuie big titan paid ilasWAd wai;ted chaLnge for a 51. West'Riding Bank-note. Mr. ALEXAXiDER wiishied to know whethier his Lora&hip thought thiat the parties had been so fa%r idientiged as uacing togeJiter. as to tnake the prisoners. at the bar responsible for the actions off Cot~nolly. MNir. Baton [LU LLO.C r thought that thLley had so. The witness cot.tinued. The 6L. nute was giyen by- Conaod,y tj. my wife to get changed. Alv wife gave it to me, and I gave ii to AI r. Wiseinan. Crtss.exanmined by Air. A LEixAN,DEn.-I received the 61. note frottt myv site, and not from Connolly. I gave my, wile change for it. Betore I gave her change, I we'rt to look at the man who gave it her. She pointed htiti out to rise in the presence, hut I think not in the lhearing, of the prisoners. P.e-exaauhnesL.-.lgave my wif,e asovereign and tw;onotes. After- wards, the trtan camne to nme and a-sked whethe.r I itad not got sovereitros instead oif notes. i told hin t hat I had not. He did nut giveisse-any reason for wishing to have sovereigns instead of John Webster, servant to Mr. Mar-den, corroborated the testiroony of his master, lie saw the tall nan take out of his breast a hand- kerchief filled with half-crown piecces se-emingly. Thewsitness thien dlescribed the clothies worn by the prisoners, in the batme terms aLs the preceding witnesstes. On leaving the house, they went ever Blackstone Edge, on the road to Rs)chdaile. AMartha Falkoer, who keeps an iinnoni the road nearer to lLochdale. spoke to four Iri~sh lehourers, otis a very tall nan, being at her house on the sainie daiy. They behavcd very rudeiy.-.tey chal- lengedl somne Labourers from Delt, to fight. Witnes prevented 1lteir fihting. On lea~ving the house, theclabourersprocee-led outheroash toLtlborougli. John Falkner identified the two prisoners as bclonging to the party mentioned by the last witness. In, consequencee of'somethinig iteheard,.he went in pursuit ofthe party'. TIhrec ofL teut wrretaken at the Rake and one attlite Ful1crn inn, at Littleborouigh. The WIl tian cant.ived to escape C nom diie constables uzs they, wereC taking itim is Rioe,idale. Susannah Clegg, tite keeper of the Make-itin, at Littleborou#i,. depoSied thiat the two prisoners and anortdr man wet e seized at tier hiousef. A tall mian was alsio brought in httsoner from Uthe Falcon-inn. Johin Grossley.-I ant the conswable at Littleborough.Itok White and another nian in custod y to Manchester. A person of' the namue ot Stott took the other two men. Whilst Stott wits behint-k tone, I heard him cry out that the tall man was gone;- when) tiit' catti up t use I fond h had scapd. Thle two prisoners wer e searhed The ha robed manottBlackstor:e-cede. I did 'not fin an inne~ upn tem I id otlook for nooney they might tip~t:h~d~t...'i fr te aticeswhicht the robbed M'an said John eStemt-l ant constable at LitEleborough. I was sent for on the evening of the9thAMarch. I went and apprehended four Irishmen. The prisoner Xi'hite told tne hit; name was Thiomas Doyle; the prisoaer Camfield called himiself Joltn Al'Orains. The oither two gav-e o,her mnases-AMiehael Kinslev and Jonathan Collins. I took them to Rtochdule, and placed themi in the lock-up. I took themi the next ltay before a mnagistrate. I saw Doyle pay half-a-crown for drink. wdsw now mnore mioticv~ on himn. Coon 'l 'Grains, when I gtt Manchester, I saw some silver in sixpenceis, and a number of halt.. croivits tied up ini an old handkerchief. They, were about nineteati shillings. The nieni Were Conmit.ited. Alexrander l)erbvsahire..... am a turnkey at the New Bailey, Mlanchiester. I feitind five shillings on White, and '28 sldllimsgs Ott Caintfield. in seveti hail-crowns and shillings and !ixitencee. John Wisenian.-l received tiis 51. note front- M~r. Aarsfden. I hinve had it ever sinice. Tite prosecutor, Edwvard Ellis, re.called. Mr. Baron; Li tL.OCKt thouglht that this iotei couldi not be re- ec'ived. It was in evidence that -Ma.-sden hiad received this note trouit his wifoc, atid that he hiad given it to die last Witness;, but non eont/ut thiat dhi:i was the iotoe whichi Mrs. Alarsden received 1from tte tall nian Gotittolly. A litsk was warning it. 'the evideutic. Were Cite Mr.MAtrigreitei e ta tterwer rot and -aid that lie would Mr. Shpherd keepr of he gal at 'ork.f wen, b order of' the mgistates witi rie proecutr toManceste, toidentify thet prisners stitie ine fterthe 2d o Aprl. W wet to the gani tO- gethier. Several prisotiers were brougltt US) together Tiheewr SeveItI perswits, inclfuding itie prosecutor nd titysieif, present at the tirnt iSlaspCrio) Of' the prisonters. lie dird not say any ttitmig in thte presence of t4e jitrisones.lie thien left thtm. Thet Text timne he sLaw prisotiers, thlere were about 5tf presiti. He spike poticivelv-, anti witlhout Any titesit-ation, to thie twro prisoners as two ef thle party whlo litad cittered hLis botuse and itad mitltreuLt-d hinit. Tlie case tir the prwsecuoout was litre closed. Tuie prisoner Witim.te being called upoin for liiis defence, said diet lie Weas innioceti of' tte charege which was h,iought agaitnst Iiim. He declared thiat several of thie wituesses hiad spoke-n fasely, as far as he Wits concerned. Th, witnessw Biowi stateti that fie had known hint f or two reairs ; but dlie truthi was, that lie had only lanided froirt Ire- lauid at LiVerpoolI a seek agro lasit Friday. Tuie othier i3risotirt, Canthfeld, declaredl hii innocence in simnilar Itermns. Alr. A LLXANnDEI thlen observed, thiat it was his duty, to offer an objectioii s the ttit tdicinscnt, whinch, thloughi it mi ght not be in itself as strong, or as strongly uirgedaus it mtglit be, he was bound, stand- tng thiere as counsel foir thie prisoners, to offer to his Lordship's coo- sideratitin. flie would not Litkeany p oitit ato the burgiarious entrv not hissing been proper!y establiMhd; as he knew that AIr. Justic'e Park hiad already decided that en entry obtaitied by artifice was suffi- 'dent to couiStitUte It. HliS Objec:ion was, that die ownersfiip Of the house had itot been laidi crrectdy in. the indictmIent, Or thaUt if it had becti laid citerectly., the evideitce varied fioni it. The title under whtiuli tifs house was declared to be the dwveliing-ltou.se of' the pro.. 'secittor, was of' the f'ollowing nattire, as appeared froun the evidence: Mr. XV-ard was thte lessee of' tiie conmnissioners: thiey erectedtiseve- ral hioLsesuti thet roadto enable him tuolleotleite tolls. 1iecould notre- side in all ofthema: he thereforeeetp1loyedthe prosLecutor to residein one ofa thetit as, his servant. whou oaid fiin no rent, received tveekly wages, iand was liable to be; turned out at a muiontn't' notice. Now, under suci circumistances, thie house shsould love been described not as the "h'otuse of thie prosecutor Ells, but its thie house of the lessee of' the ICornitithsionera. Mlr. Ward. Thiere were two or three cases itt the bootk which bor strongly ulpon thiS point. In 2d Leach, 1018, it Was field tiiat if %crvatuts or agents reside in ifltat capacity in the place broken, it cannot be lad as their house. In tlte ease of" per.. Isotis emiployed by- the Giown or puiblic companier; the same 'rule ' m sevds It' the burglary is conittiLted in the Inva- lid offce at Chtlsea, in Somierset-house, in Vt hitehall, in ainy of tile public Offices. or the Royal Palaees, ti ma. suitm must be laid as the Iking's, I Leach, 324. The s!"j-Prin.1. Iciple applied also to corporations. 'rite conly ease which illitated against itiis doct-rine was a case in whichi it w'as a doubt whiether tite piofierty should be laid as beloinging tw the lesor or the lessee BUt in this no such quesLuiti could arise, as titers was, not dite sligth?eut awm of proot that Ward had let thcee premises to the iprosecutor. lie theletore contended, that the objection hle had rai,,ed against the indficutent was tatal to it. MIr. MAUDE said, that lie should merely su4mit-that the indict- nient was sufficiett. i31r. Baron H ULLOCIt said, that as at present advised, Ile consi- dered the objection not to be well founded ; but added, that if any doubt should arise on the subject in his iimind. tle prisoners bhould have the bencfitof it. The point, however, which the learned coun- sel had raised, itad been more th.en once under the consideration of the twelve Judges. lie held that thc prosecutor in tit case was a. tenatit at will, and couldl sus'ain tiempass. Besides. even if the toll_ house were thc property of the lessor, it might be laid eitlher ab thte house of i lie lesbor, or of te p arty occupyiag it. He knew, that in a case wlhich came befoxe Laid Eltenborough on the only oc- casion ott which he came the northem circuit, and in which lhe (Al r. Baron Hullock) find beeti engaged as counsel, Lord Ellen. boroghl lad ru d that liC mitdictment wa bad in which a hoube occutiAed bv a pit-inta,, who was allowed the occupation of it 2.8 part of hiia wages iroam his master, was d.escribetd as the dwelhjing1house- of the pit-rmga In a cAse, however, svhich liad beeti decled bo late as .Michaelmas, 1823, he meatut lte case of thle , King v. Joblin,- wfiereapersontof the nautieofrGent, who received 16 shl lin.gs aweek frotti his muster, atid occupied a sutiall tenement wh.ich he was to tive up assoun as he quitted his tioaster's serv.ce, it bud bLen decided that the dwelling-house in questioi Sl ight be described zs uhe dwel1. ing-bouse esther of the master or servtatt. In the present case, he was of opinion that die toll-hou-.e cookd not have been correctly describedi as the dwelling-house of Air. WVard, the iessee Of the Comumissioners of the Roads. Thecanes whichthelearnedcoutuel had cied all referred fto the Occupation of servants; whereas the case here was rather of a Mi,dnature. Mbr. Barol HiULLOCK then * umrsdup the cvid to theOiury, who, .vzfenes coeirhi fro a fed iiihtit&t; rdLiirnC w th a verdict of guiltY piignst.ooteerisonrs The learned hjd l=then i addressed the pptironera. ui Camfield ond Michael hW5 ite, ou hav been tried and convicted of a icuemtancg felohny, Oarel m a sorry to say, committed under hir c n t his h d o e eti tl me to hold o ut to you any hopes ft e ryi ti o merelY co mmnitted a burglarv , the ondhs tofhse c ihrti p a ph ave been Obtainred b y removing yeners th grcate o yaunata liveb, to anotr couth ytr; but if off n c res ac pn ied bpp e y such dcircu0 stances of o tge age as you have committed are to behlwe te pass with ipunity, there will be no safety for the persons and roe M2rty o his faosty's suboects. I have myselfrno doubt of or anuilt nI In i onequ, duering the short iiiterval which Youthave to live-and very short indeed it is_ to seek to obtain remission ofyaursints from that quarter from which ftlon~ it ca be obtained. Youi haive no time to spare. I trust, there- fornemthat y ou ill tuh h i comnediately Your prayers to the throne of d iinhe mercy, fro n hich alone vo n h pe for forgiveness, " Ten agisner the -he bursinto tear., and cried out in a tone pare " our lives, lentvesn caony, pae etlmes spare ouy lie, my L,ord Camfelt, wheo had heard' vith treat composure the sentence pro- ioaInceA uorkn him, asked his lordship to hear him say one word. Ile then dropped on his knees, drew a book from his Aosket, kissed it, and said, " 1 never laidI my hands upon that oldmi n or his wife, k-n I neverXaw him, until I d a appI eyes an him in thae Bailey pri. 01fl 5 lanchester." HO 'tshen rose, and heard witw the most un- h1s fe llw stenance the lnavnder of the Judge's addFess to hiu and i etromYork on )lltna short pause again proceded :ftt You have, I re , n0 erruptog ,LYspare ge.for I cannrot helo hto yont any prospect artycha~e ors-eission of your sentence." Ther pthess tna e e then taken from the bar. CaAfield still re- tai ne h *is cmposure, but d 'ohite appeared quite unmanned, and rshed tear its gret sabundance. They areboth e them strong active yo un g me n a d appareunseltly u nd cr 30 yea rs of age. t e were ? Itifurtal d tha t the Prisoners btfore jtheir trial were iof the s e In e New iley at I aneedhete,in tu-isuance o f a sen- tence paRsed upon thlem at he Quarter fession for some other of. fcnce of whics they had n ot w uilty. In consequence of the circumstances undeal r which tcel hadbee icted coming to the knowledge of some of 'heir of this Coutr throul gh thte nevetliual of the provincial press, it w out probbaic that ttIeY miight be the Jnrties who had comitrten thi burglary in the neigh- bourboedI of ~akefleld. The proectrws accordingly sent to Manchester with 111r. Shepherd, and identified thdm in the maiiner described hY that witness on thiis trial. A bill was afterwa(spe sensedI against themi to the g-rand juLry ; and on its being setuTined a true'bill, they were removedI by a writ of' habeas corput fromi Man- chester to Yorkc. They arrivtid at York on Sattirday n;ght, tinpro.. videdI with counsel, or thec means ofo retaining them. As s(oon as this circumstance was moade known to the Catholics of this city, a subscription was raiscd among them, and the requisite measures taken to furnish the prisoners with the means ofdefeiice. The men themselves are boil-i Cahois CIVIrL 5TDE P.S. The early houir ai wehichi we were obliged to send off our par- cc, trom Y,ork on Mllonde. evening, pyroen ed us from iniserting in four his dO t ay l, t%ye reasons which Mir. Justice Baylry uirged perhis Zinterruspting ~"rA. Sergeant Cross, as he had done at an eafly, Judge, in 5 thetilo bh cutse " Wihite~ v. Arnlitt" +ihe learned Judg, ir sumir,up h evidence, toltd jtlirv that when he in- tetr C nLl c,a sc, he had done it, not because be had formed an imprespsion on Cdie side or tthe other, but because he was bound by "It c Pcouuisel to the point in i*;uie, and to prevent themn fand w-'ere o z upon topics whiich hiad no connexion -withl the cause, a eeoAIy calculated to create improper prejuistlcs against One Of the partir A engaged in it. Itideetg, he considered the interference of the JOti(Ig in such cas,es to be no -less necessary to the interests of I e Pa' Afes themselves than it was to the irhtcrests ofjustice; eas if th ,judge allowed tile counsel to initrodluce improper topics to the c-, iideration cofthe jury, anti the jutry should appeal to be Influenced y tosetopcs n etuitig teitvetliitte Court would gant a aew rial ifthatcirumstncewas adeout to its sa!ipfaction ; and woul diectthe udg toexciticfro the consideration ot thr se- condjur, tosetopcs hic ha unustly biassed the opinion"s of thefirt. t ws o tht acout h hd made to his learned brother SUMME??fp,p AS-- SSIZES. YO*lK. TUESDAY. AUG. 10.