Old Bailey, Friday, Dec. ...
The Times, 1824-12-04T00:00:00

i.,o tEarzuiuge was inmictea I-r a burglary in the dwelling-house of Daniiel Jones, in ljeather-lane Holbarn, and stealing therein a quantity of ribands, and other articles, value S1.. his property. Tlhe prosecutors shop was robbed on tthe eveining of Sunday, the 77th of October, during Mrs. Jones'sabsence, at about 6 o'clock, and so'e of the property was tbund in the prisoner's possession next (lay. He said that ho purchased the property at a public house, but offered no evidence of that fact. HQ, however, calledwitneases, who swore to an alibi. The jury, after some deliberation, returned a verdict of Guilty of stealing in a dwelling-house to the value of 4O1. There was another charge of burglary in the calendar against the same prisoner; but he waFs not put on his trial for it. TSIE KsING V. BALL. The prisoncr in this case was tried before MIr. Justice Gaselee, in the September scessions, and convicted of the crime of arson. A point, however, was reserved for the considleration of the 12 Judges. 1The prisoner, vwho was a carpenter, lived In a room of a housewhich belonged to a person named Fearne. Fearne having petitioned the Insolvent Debtors' Court, executed an assignment of his pro. perty to the provisional assignee. In the indictment, the house was described as the house of Fearne in. one count, atd of the pri- soner in another. It was contended, on his behatt; that the house ought to hlsave been laid as the property of the provisional assignee. Il r. Justice BAY LEY now pronounsed theopinion of the Judges upon the p,int. Since the assignee had not taken possession of the premises, and they had remained in the possession of Fearne, they were properly laid in the intietnient as the premises of Fearne; be- cause the question was not, in whom the legal property in the pre- msts was vested, but who was the actual possess,or of-them. l'he conviction was, thercibre, right; and the prisoner would receive sentence at the end of the sessions. Before the CoMlroN-SERGEANT anzd a Loado,t Jury. Vanmuel Deuv,l, aged 28. was indicted for mnaliciousRy shooting at Alary, his wife, on the 30th of October last, with intent either to kill, to maim, or to do her some grievoas bodily hartn. The prisoner, who is stated to be a gardener, advanced to the bar withi his arms folded. ItiR appicarance was rather uncommon; he wore very large wiiskers, and his shirt-collar nearly open. As soon as he sRw his wife he exclaimed2 " You damned false-swearing w-_ *" and notwitistanding the intervention of the officers, he rce peated this sentence. Ple uttered nothing-;else during the trial, and never once unfolded his arms, or took his eyes for a mement off the prosecutrx, in whatever part of the Court she happened to be. She stated, thnat she had been married to the prisoner abont eleven vears. On the evening of the 30th of October last, she saw him in Bucklersbury. lie called her by her name and she turned roundl upon which lie presented a pistol at licr. SLe ptit un hi hand and somnewhat altered the direction of the pistol. Fl red it, and she tlought thie ball must have gone over her head. He thein knocked her down, ond struck her several blows on the lead. In conisequence of the wounds she received from hi blows, site was obliged to be taken to St. Bartholomew's Hospital. On her cross-examination by Air. ADOL1' M US, sic said, she could aOt say with what the pistol liad been charged. It wa8 possible that her raising lier hiand to arrest thic pistol, inighit have been thc cause of thisr. A2DQruus here, with the permission of the Court, post- noned the reniainder of his 9rogs.examination of this wonmah, until he should see. wlihthier or not it rnight be necessary.to rerume it. The othier witnesses stated, that when the prisoner was asiked by tie watch what he 7as about, he replied that the woman was uis wife, end had been trescherous. to hinm, and he had shot her. He said he was ready to go any where with the officer, whea taken into cumody. ?4me gunpowder and smii shot were fodhd in his ocket Ie told Ir. Browne, the marshal, that the pistol was not loadcd wit!i ball4 because he could not pirocure any; he had been. there. fore, obliged to load it with shot. He seemed by his' mannerI to be insane.; was quite calm; and exprcssed hi. happiness at -what.helhad.done, and his regtet t[at' the sot' had''not taken ef. fect. The pistol was found by a boy in front of Air. Ba ks'6 house, lb Bucklersbury; on the same night. Mtrs. Dcval was then recalled, and hercross-examinatioa res4tmei bY Mr. ADOLPHUs....She 4aid she bad been married to the pri. soner for eleven years ; but she h5d notlived with hin long atatime. He used to sell her fiuniture, and she ,was then obliged to go away. She never went by any other aamc than Deval siace her marriage. She went by the hame of Aills (her maiden name); but thatvwas by the prisoner's lesire. She had been married to a fornmer husband, named Clayton: she sometimes passed by the name of Clayion after shie had married the prisoner. But she did not go by any other name than Deval, except Mills and Clay- ton. She never passed by the name of Wells. She lived with a man named Wrells, and peonle might call her AMrs. Wells, perhaps, but she never passed by thaf name. Mlr. ADoLraus was proceeding to examine her reaspecting some other mnen, but The CODIvON SERGEANT suggested that this line of examina' tion would only afford ground from ihicbl to infer malice. It woulci be better to prove the alienation of the prisoner's mind, if lie could. Zllr. ADOLPnUa said, that he was aware ofthat; but hc was only going on to show the cause which had produced this ei'fect uDon the prisoner's mind. However, he would now proceed to show tbe ef. feet itself. He then asked Mrs. Deval, if the prisoner's mind had not been mnsane; and if he had never stabbed, or attempted to hang, AI1rs. Deval replied, that she had never heard of his having at. tempted to hang himself; but about three years ago he obtained a OOl situation in thc country, and just as he was about to set out torn town, he said ' lary, you will never see me again ;" and imn- lmediately snaching up a knife, he stabbed himself. She added, that he lhad been befbre confined for lunacy. The CoarDtoX SERQEAZgT observed to the jury, that it would be as weUl not to have anv iore ofthtis kind of evidence than was ne. cesary; and therefore, f their minds were satisfied upon the sub- ject, he saw no occasion for going asy farther; but if they had any doubt, he did not wish testrain them. The Jury said theywreresatisfied, and returned a verdict that " the prisoner was gailty of theact, but was insane when he committcd it." The COq3; ON SERGEANT told them thev hnd come to a very Just conaltsion, hut their verdict must be " not gailty, on the ground of insanity."..-Thc verdict was recorded in this form. The Jury expressed a wish that the prisoner might be secured in P. way which would prevent a recurrence of this business, The COscEMON SERGEAyT infopiied them, that the law provided or that, for the prisoner would remin at the disposal of His Mtajeaty.._'.he pdisenor made a low bow, and retired. he rife ie a comely-looking fat woman, and apparently nearly 10 years oIder than her unfortuna,te husband. OLD BAII,EY, Fnitn.Y. Dxc. 3.