The British Press; or, Morning Literary Advertiser. — 1825-09-24 (London, England)

BUODEEICIE—I wanted to turn the prisoner out, who was nut sober at the time of this occurrence. If weever. he wat not so tipsy as net to be aware of what he was doing. 1 had not been playing at " shove halfpenny " with the prisoner that day. There were some persons playing at that game, but I can't say that I.joined them. I won't swear that I didn't—l shouldn't like to per myself. I dare say I may hare drank with the prisoner that day. 1 believe I did.' Mr. Bimini Ice contended that it was not possible to convict the prisoner 'ander Lur.l Ellenboruugb's Act on the evidence now offered in support of the indictment. It appeared from the testi. many of the mosecutur, that suspecting the prisoner at the bar of having emninitted a theft, he attempted to turn him out of the house, and laid violent hands on him with that intention. In doing this the prosecutor. had attempted to do what he had no right to perform because, if be wished the prisoner to be searched or removed from his premises, it was his duty to have sent for a con. stable for that purpose. His Lordship was aware that in cases of this nature, where the party who had sustained the injury had corn. menced the affray in which the wounding took place, the capital charge could not be established—the fact of such violence on the part of the prosecutor removing the case out of the purview of the Act. Even had the prosecutor in the present case been killed in the scuffle between him and the prisoner, and the latter indicted for the fact, the Jury must have found him guilty only of manslaughter, add not of murder. He humbly submitted that the principle he had laid down was billy applicable to the present case, and consequently that the prisoner was entitled to an acquittal. Mr. Justice LATTLEDALE concurred it the principle sought to be established by the Learned Counsel, and told the Jury, that if the prosecutor had been killed, and the prisoner indicted for his murder, the Jury could have only convicted him of manslaughter ; but a person who could not be indicted for murder, had death es. sued front he injuries indicted, could not be considend liable to the penalties of Lord Ellepborough's Act for cutting and maiming.' This being. the test of liability to its provisions the Jury would acquit the prinoner. Verdict accordingly—Not gadfly. Edward Rams, William, Crook, Sanwa Crook, Cul* were put to the bar, charged with stealing a quantity of the value of lael. -.upset; of Messrs. Waterloo and on the 12th of The dram! Samuel Crook was appreetice ; nod, on, from the premise.; a . them. Shortly after was discovered that ..._ goods in question , the premises of the prosecetors, who are silk-, ...torero. From the arcuntstancu connecfed -with the case tt appeared that the persons who had plundered the premises most have been assisted by some one within, and, suspicion falling upon the prisoner Samuel Crook, he was taken into custody. 'On the day before the robbery the prisoner Mason having been seen in the company of Samuel Crook (the prosecutors' nppren dee), under suspicious circumstances, he also was apprthend, d, and in his lodgings, In White's.row, the whole of the stolen property was discovered. The female prisoner (Gable), who lived with Mason, made her escape at the time of the search, but Ira afterwards apprehended. Suspicion attached to the remaining prisoner William Crook, who is the brother of Samuel Crook, from the fact of his having been discovered concreted in Mason's room, and tinder the bed, at the time of the search. Several witnesses gave the prisoners excellent characters. Mr. Justice LivrattgatE eh/hied the dhcry, *hatband a verdict of goilty against Edwatil Minion and Samuel Crook, and acquitted William Crook and Anne Gable. The prisoner Marion wets ratkereeepectable young man, anchly weeping eopfirasly during she progress of the trial, evinced that he was not accustomed to his present situation. The female prisoner,, when the verdict was pronottreed, though it was one of acquittal to her, tell into a passionate tit of weeping, and appeared to be more effected by the misfortune of her companion than rejoiced at her own escape. As she was supported out into the yard her shrieks were audible and particularly affecting.