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Northern Star (1837-1852), 25th March 1843, Edition 3 of 5, Page 6, Untitled Article

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      Untitled Article

      ¦ S"OBKSE 1 SE SPRING ASSIZ 5 . S . CROWN COURT—Satcbpat , Mabcb IS . CBtfon Mr . Justice CoUman . J Thomas Haxnam pleaded guilty to a charge of riot , and 'was orderttl to enter into his own lecotfnJz ^ occs of £ 100 to appear at the next a ££ -Zi 3 to receive judg-JBCBS . SvUF&e Sidc'ijre . age-1 27 . w ;; s indicted for attempting to set £ r * to the cotton-mill of Abraham Uctity and oib ? rs , at lan&field , is the West Biding , on the 24 th cf Srpkrober last S ; r Gbegout Lewis and Mr . Pashlet conducted the prosecution- ; Mr . "YVilkiss ueitncied the prisoner .

      I cvp £ 53 f-d tbst the primmer had been in the eniplevnwnt cf the Messrs "Ctlley for some ye ^ rs as & spider , bat In the latter part of Ltsl yeaz , in conse-< j-U-i . ee rf seme impruvi ineiits havirg been ii / ferodnced iDfo ibt msciuserv vrhjch rendered necessary a smaller irair ^ sr of banSs , be , vita tdgbt other ? , was cbTinEstil . Th ; j . e was , however , r ? o quarrel between him and his ma ~ . iT on teat account . Mr . TJt-if-y gave a dinner to the - > sni <; &rdwo : Jensen on the-occasion of parting with tbt m , and to tte prisoner , at least , had i-xpressed bu wi .-ngsess to assist him in getting another situation . Ti * priEoner . it appeared . hcR-ever , bad on mcae than OTt -cession xrsed ss-oi-s language respecting the Mmets . TJU ' -y & = kI tbeir mil ' , ana expressed ^ wish that it was

      l « 3 » 3 t . Being out of employment , however , -and an old servant , he "Was frt-qnciirlj in and about the mill , ami hi - n ^ vny oppor « "ipitic 3 of -making him » if acqu ^ it «! "with 'ts in : e .-nal ar asyrraMits . I ? appe- _ rs th-V . « i » part * f tte fl-.: ii is oila ! the willow" roum , in srhicii the cotton ¦ nridcrsots ore of the ftr > t cprratltr * to "which it is subjected , 5 his i 3 on the ground fl- ^ r . The *• willow" Eick"na stands in the centre of tin oom . sea on the 24 th cf Stptemher last , tfcpre was at ~ i Tice , Erx ^ tho irali , a heap of cotton , witch hal HB . ' -ryciTW this operatien , and "was , tDneiore , of a light consistence , and Texy inflammable .

      In . an'thcr censer , best the door , tl >* ire had l » i * t ; left on that evening , when the woriaic-n came B"v . j . aaip of covton waste . About ten ocliyk Mr JJ ' . u-j was ttiiiciini ; at the dcor cf his own house , ¦» r -chceTitfjiBi :- ~ s a"v » tw oi the "Wiilow-Toom , when he per-jved a iirtrt . He w ;> £ —onderinij -whence it could pix-c ^ ed , vrces his cvHriocfctr . "who feac btiB at Tod-BK-.- ^ icii , came up at lie morsest on kis \ ray fcome . ilr . Uiisej pointed tte l ght out to him . ami he iramtdiately hi > -r > 6 d down to the vOlos-rv-oin , 3 Jr . TJx . iie > " foil .- 'Wikp Re found tt& wiilow-ro ^ iL- door a jar , the ¦ w . -sie in fht -sip iaa blszi , anti iastc ^ . DinnritatiDg ¦ wiia a train

      of i tica abcui a fot ,: vide , -sreieh "was laid fmsi tht a 13 ^ tBcn by a P ^ ce of giass ; a BUTjjeon exitij .. zo its htaD ai U * xitiier side of Gisroom . Tbe ani ^ nctl his hauu xaTe it as his opiiiion ttm the wound OTt- i'K >\^ r , wiih srtat pitStact : of miad , cut iff "be bad bren cuu > bd by a b : ia The prisoners bad been cob-lOmxatTu - , and thiustirg ihe sk-. pont of the door se * -ii tos ti-er on Wcodhousa Moor the same afternoon ; &r-ri ? ii into the d ^ Hj "which was just opposite ^ 3 r- & * y Wers prevtd to huve btea very shoit of iconty Tu . cTsuccecGeU in tTct ^ E ^ iiistiag orf . tr portion-i of the before t . te rubfeery , and ¦ w ere showu to b : ive bijea

      turiitss euitjn in ths ro ~ m . 1 ^ Tras stated that the £ rc . oHimuincatcd "wita ^ L ^ tci . p oi " wiilow eu" cottoa , nouusg cou ] -i ha ? 9 prewuted the total desttnetion cf tht anii- Tbis was woith about £ 3 , O 0 D , and was insut , d f- ; r £ * 510 . ""I - connect the prisoner with this transaction , a great fies id c icnEistsiitisl eTidenca was gone into 83 to cen-TeT ^» u »> ta -wtic ' a Uie ptlsoaei bad hid Tfith haTtral indiT-aaais a ih' jii tinie btfort this cecarrence . Ht had be-a = « = a . too . about the mill , aad cotuiiij ! cut o ? the Tri ; jw-T (*< m s , i a itte hour on that herring , without thr :- t-siag appartntiy any reason for Lis * being there . Ai— -at tte tide the Sre broie out be w&s met on the Lijn roid at a distance cf a few hnndrea jaida cesrng ipj-irtir- ' y fri'in the mill , and those who met him dfecrlbeu ctrt ^ rn pt ^ uliant ^ ea in bis eeiLfcancur and toe exj -r—sic ^ s wLic . \ fell fi on > him . "ttbich Sreii . ed to ihuw tha- lie was at that time in a state of coiisidcrable conf c ^ i -n &ZH 3 sl %

      rmiir . TTll ^ KlXS aadreseed iie Jury { or the defence , SsA afrsr a . shur ; cozsvilutiiiu . the piisoiier wasfuimd K-- Guihy Wiitiam B ^ ejssn , IS . End Joseph Smiih 21 , were cb ^ -ir-d wnh hitiru :, on tht 9 : h oi D-ct-n-btr last , at le- '^ - , 2- " 5 bmlts-d SsrjaiEin Barter , asd stolen from his per --js a >? at . . an nnihrdia , a&i paper psrccL l- " z BVG 3 EiLL was for the prosecution . The pro-^» rtL"or is a cloth manc £ ; Cinrer , resting at Bramlty , si" « eF iday . the 9 ih cf December , be was proctfcding to iia home from Leeds , when he came up with fiate men , o-e of whom seized him anj attempted to Btoj > his mouth , hs * he struggled and ci !'» J ont , and the Hit : ' inarfe off , taking wiih them tie things mentioned is -he indictm-nt , which had been cToppea by the pr- ^ riutor in the struggle , which , howtTer , he afttr-•¦ 2 d- Tc = sT 8 rEd . Informstjen was given to tie police , sc ^ from the description giTKi of the in ~ h , ths pri-X 9 e < js vt-re apprchecded .

      Ttsisca « e deper . ded on a question of identity , which Tras fally made out azainst Smith , and be waa Ber . ' escrd to twelre moaihs * iaiprisonn > ent to hard laVur . The prisoner RojtrsoD was acgnitted . -i- ^ irnuel FofheryiU 21 , was charged with having on ti- 2 \ K ' a of I > -ccHit * r last , at Leeds , assaulted Israel E . ou .-ute , and stolen from his perscu 15 s .. ten Esprcces , -a sf ! Tar pencil case , a sil" ? er watcb , a sii" ? tr scuff-bux , ana uther articles , his property . >' . r . Hall was fox the prosecution . The prosecutor is a "Wtsifcjan minister , asd resides at Brwniey , n--ai Ij" - ^? - On the cveamg oi tiie 6 a > bi qa--sUoii , he "was pros ^ rJjcg to = aida tbsl T-ace frf-m l , 3 ad ^ , "srlitn iie ^ tes- -t .- > i ; pod ky t £ . Tf * e m ^ n . srtio tijcis' 1 tiai down , seo r fl--j his p > jeieL 5 of the srticlts mentioned in tfte

      iDdictmtDt , and ran off Ln ^ orniation was giyen of tte rcrv-jj , and « di days after , some of the proptsty was fon ^ -i in the p > - > ssessio of the prisoner ' s wife , who ssir thst her husband had giTtn htr the things 4 . bou > a ¦»«^ k before , ¦ wtfci B * aitmt 3 ; t Pv-ticrgill Cccinued , Sid ad-Jed tVnt he had fonctl tb ± ro- He ¦ was taita int » custody , and npc » n tt-i tTsd ^ -nce of recent posseason , committed to Tori ior trial-1 bJhtj fonnd the prisoner 2 » ot Guilty . Jimes WiIssji . 24 , was charged wsrh haTiag , on tht 27 'JL 3 > sg . lssi . at I > v . nc ££ ter , assaulted J-- < hn Saiith , au ^ = tcuea from his p > crs-jn three so" » ercisns , and uve fihi / . a ;* , his pri .-pfeiiy . Kr . tx lLHi ^ S 2 nd Mr . Aspi ^ aIX were lor the ^ tosee' Tics ; Mr . 0-.-crtnd defaorfed the prisoner .

      trr « prasscttter is ia the employ of iii . Jvhn Wruht , of 3 > ucastei , millfer , and on the evening of the day in qn » - » Io 3 he was preceedasg to Carr Huusb with aonse i ^ cr . when he "was ^ tiacted by three men who knocked hie : 6 ov ? t > , and r& .- ^ his p > i-.-ts of the property abore Bta nd . Raving done thifl th ^ y abused him , ticked him se-vtstiiy , and threw him -into a pond , ¦ w bcT ? thvj ltfi ii ; Hi . i 3 e was lonnd \ b » re a shore timB aficr " oj some othsr persona , "who got him out , " asd he ¦ was sK-nTsyed h-mB . Medical aia was called , and the prira-catar waa cananed to . the bouse for a week in conseqsreoce of the itjuries he received . On the same ert . ni 52 , Etehta , superintendent of police at D-jneaster , iec- ^ ed iniormation of the robbery , and be very sh- _ rtiy esassd turee men to be apprthfeded , one of »> ora ihe prosiaa ^ or poaitively ideEtiSed , but he con \ d noi ip ^ at with certainty to the others , and they were ¦ aiseJrsrsed . he

      Is ^ 'j < feaee was that t question Jury trss as to identity , which Mi . Ot ekesd contended had not been Euffisiajtly mads out to- warrant them in givuig a Tsrdict against the prisoner . The 3 . earned Coun » l caSad a wiiaiis who gave the prisoner an exc- "tsat character . —Not Guilty . Juhn Wheailey was -charred wiUi having , at Leeds , 4 > n tta 21 si t > i May . 18 i 3 . forgeJ and put iff a certain jawsx > s 3 * ry note purporting to be tlje note of tbe JjExris TJoinn Bsniiiig G-jaipsny , with intent to defr 33 i < -= e Wiidain Bose .

      > 1 t . Ellis vas for the prosecution . It app « ars that in fc > j nio ' . ith of April , 1 S 42 , the prisoner had by mislepre ^ ioiadoa in-ioced a respectable fengravfcr in Le * ds , oi 'he bsros of "S-zhr&son , to esgrave him a blank form . saaisTrha r ^ r-rinhiing an unfilled up note of tLe aba- ? e c-Tnpjis * ; aa-. i on the day charged he attempted to « M 3 pc > - ~ of ont -rtsieh he had filled up to Mr . K « se , of Lseiis , jjrocsT . The counterfeit was immediat ^ jy detect **! by "hat g-= Etlsinan . and he gave the prisoner intJ cas - ^ iy . G-iiity . To bs transported for ten yea ^ s . G ± org » Green 20 , W 33 charged with having , on ihe 2 aa of Jaircary last , at Heslington , broken and entered 42 osvliouse ^ dj-jinhig the dwelling honse of William miner , a ^ * stolen therefrom » quantity cf Hnen .

      ilr Cvh&sb . -waB the prossentwn . Xce proaeetior residts < u Hcsliogxoc , and his "wife takes in linen to « ti On Msmiay the 2 nd Jasnary , she washed a Enmbcr of t >) ir . g » belonging to Mr . Kewstead of Y--. rk . and the Friaj 3 s" Scho » l , which were left safe in the wash house at night ., . Kext moraing the door was foas-i spin , and xixe ttiJBgs g \> ae- A search was inati ' taun , icd xery shortly tie prisoner and the linen wseie fcnnd concealed in a iay-alied betong ' ag to Jfcjoi Xxrburira . The Gjonsel for the prosscuHon failBd in proving that tha ^ 2 j , h-honse was ¦ srithin the curtilage of the oweitn ^ -ci / uas , and usder the directioa of the Learned 3 a 6 zs , foxmd the prisoaer Guilty cf Larceny . To be imprisoned ana kept V , hard labour foi nine caifcu ( j £ r months . The Conn wa ? then ar . jouiBfta .

      Mo > -dat , Mabch 20 . Samuel Sledizg . , Tkornus Gartick , 3 fl and Wm Gariick , 22 were indieted for havia * . on the 30 tb of Jaffliary last , at Huaaerifield . feloniously and violently assaulted Wbl B : Uye , on the highway , and stolen from his psrBon Bixpence in sjl-m snd one pEnny In copper , Sie property of th& said Wm . Bittye . Mr . UiGHAX sui Ht M 05 TB 1 TH were for the progecation . Mi . Wiikiss defended -the two Garlicks . * SlsaiBg iraau-dcfendsd . Toe pro 3 ecatoi i 3 a young Ban about Btoeen yean of tge , and on the SOibr of Janoary last he want to vijit his parents , who reside at Biikenshaw . He -was

      rtttttibtg to HUlhoaae , asu Huddersfisld , *\ -which place be worked , and on bia road be had to pass ao inn called tie Woodman . " When be h » d gota Bhort disfcanes past this inu he came cp trilh three men , one of » hom ( 51 e&Bg ) -aft £ reorerkjg-B » prosecutor ' s mouth , tdth MB hand , knocked tim down , and tiie three men gats him several Meks -while he was down . His pockets were then lifijd , and tiw msney menfioned in the iadtctmest yraa abstracted , they also took hia hat , and then made ^ fE He called ont several times during tte period ihst he was stragglinf with the men , and a person on ^ crajsg ont of the Woodman , lonnd ium laafl « n the Toad bleedins ; ^ aud By him hs was conreyed to t >; e ^ V ! -a ? i 5 ' ?« i 7 i . Th ^ pTo ^ -TitfT" e rv *! fi ^ ot ident-fy nrry ol the prisoners except Sled ing , but witnesses were

      Untitled Article

      called w ^ o deposed having seen them together " larking" near the place where the robbery was committed a short time before its taking place , and the ; were tiken into custody on the turnpifce road & BhoiL distance from the place , and had been seen for some distance in company . The night was dark , and the question of identity was strongly put to the jury by the Learned Judge in hia summing up , as well as by Mr . Wilkins in Lib address on behalf of bis clients . The jury , without retirics . and after a moment ' s deliberation found all the prisoners Gailty . Tiie prisoner Sieding was sentenced te be transported for lift ; and the two Gariicks for the ttrm of twenty ¦ years .

      Thomas Greaves . 118 . ) William Howling , ( 27 . ) and Jaws Scholfjidd , t 27 , ) were inaicted for having , on ihi 30 th of isepLcnitH-r last , on the highway , at Lseda , as ^ -ulted Richard Ynkers , and stolen from his person tw . nty sovereigns , fifteen half sovereigns , a £ 5 note , and other property . Mr . Is Gil am and Mr- Price were for tte prosecution ; tbe prisoners were undeididetL Tue prosecute is & dealer in calves , and resides at Addingham , near Skipton . On Friday , the 30 tb of September last , he had been at L ° tds , disposing of Bjme calces , for which he received the sums of £ 32 10 s . and £ i 10 s ; the money was in geld , and a £ 5 bank of England note , which money all but two sovereigns , he pus in a purse , or in Bn inside waistcoat pecket

      He left V car ' s Croft , Lseds , iabout eight o ' clock at night , aiong with E . 'i Dblvea ; and , after crossing Woodhouse 2 door . he called at a butcher ' s shop , where he stopped about half an hour . D ^' ves leaving him there . Hs- ( the prosecutor ) proceeded on the read home alone , ani about haf a mile bey > nd Headinrlt-y , he was suddenly se ^ z d , dragged i . fi his ponty , and thrown t-n to the rround . He was then attacked by four or five mrn , one of whom placed his hand over bis mouth , t « prefect his crying out , and during this tirna a finger goi into his month , "which ha tit mi . st ssTer * -ly . E * B ^ ueFlcd hard with them , and one of tht-m * aid * ' D—n him , if he does not lay ttiil , smk him . " Ihej

      bnt who used CTi at violence , and , in order to get possession of his money , cut LIb waistcoat , and tore his pockst « ut . They robbed him of £ 32 10 \ He suppose it must bat * 'Seen a littta after cVne o ' clock ; it was dark ; bnt be coul'J swear to the priscDer Greaves , who was the man ra fell upon the fiist . He also lost a iiif-moranduin book a key , and bis hat He found a hat on the read after the prisoners Lad ran away , which he £ ave to Mr . Rao chief constable of l * eds . as a ¦ which was sworn to hy sevtnil \ nlnsste& as having belonged to ths prb-mer Greavijs ; and whta the pr isoner Howling was apprehfadtd hi 3 finger was found to be severely wounded , which he first sai' 1 had been cut by a knife ,

      speb . iiiz it vary irct-is after the robbery . S . ^ tral witnesses were called , each of whom cleBrly bious ^ t the crime aome to the prvsor . rrs ; and the Ltar :. ee Judge having summed up , tte Jury , without hesi . at : on , returned a vcrdicl of gailty aa . iiostall threa They were sentenced to be transported to tfieen years tach . Henry Storey , 32 , was i-dicted foT bavin ? , on the 7 th of March , 1 S 42 . at tbu borou ? h of Hull , feloniously uttered , disposed of , &na pat t > ff a certain promissory no : t for the pajmtnt of £ 22 3 s . 6 d .. with in !« nt to dtiraud one William lrvin , well knowing the same to be forged .

      Mr . AECHBOLD and Mr . Liddell were for the prosecution ; Mr . "VVilki > s defenued the prisoner The proseentor in this ease is one of the firm of Win . Irving & Co ., fliX-djciscK and dealers iri hemp at Hull , and the prosecutor is a rops-maker residing at Filey , near Scarbrrucfb . Tb ^ note -was giTen t » tbe prosecutor as security for half a ton of brmp , and purported lo be sigund by the prisoner ' s brother , and Mr- FeJliskirk , also oi Fiity . On the note neroiaing due , the sigi . atares wtre discovered to be forgeries . —GutUy , but recorr mended to mercy . Sentence deferred .

      Edtrard Pcttp . 2 S , waa charged with having on the 7 th vi February last , at BarnolrthWick , robbed Justph Windle of a sovereign , and £ 3 10 a . in silver . Mr . "R ' xs ^ £ y was for the pro-ecuuon , and blr . H £ ato . \ for the prisaner . The prosecutor in a carter at Barnoldswick . and on the evening of the 7 th of February he was returning home from Burnley , in Lantt ^ ahire , a distance cf aoout twelve mil ^ s He was sitting up in the corner of his cart ha ? f a sleep , asd when he bad got to Tubber Hill his attention was Bttraeted by his horse stopping , and on looking up he saw the prisoner near the end of the cart . It was a moonlight nigh-, and t >>» prosecutor had known the prisoner for several yesTS be / ore He said " KoJ 2 . > , Ted , is that tb ^ o ?" The p . isoner replied "May 1 ride with thee down to

      B-iraoldswick , Joe , " prosecutor said " Aye , jump in lad " uid he did so . Am ther man also goi in " . o tbu cart Irtm the shahs , and the men said to WumIo "Now , thou must deliver up thy brass , or we ' ll kill thee in a minute" The pro « ecuter was struck several times with a stick , and robbed of the money mentioned in the indictment . The prisoner tbeii saiil " This is no ^ all . th- ^ u has smne in thy shoon ( Shoes . )" Pro ^ tcuXir said h * had not , prisoner called him a liar and the mtn then cut the laces of his i > oots and took thi-ni away . The pn « -ecator was rather stmmed by the bine ' s , went to the ikcSTcst fariK-hoase and obtained a

      pair of shots , and then -went to Birc ^ l'tswick gave information to K = ng , ths constabla He . however , was lame , and could sot render j . ny sisisUnce , but Windle went into tho Cross K ys puoiie-house , and a&ked lira . R binson , the son of the landlady , to assisi . him . He did so and fonnd thr prisonvr sitting b > the flre in bis niothcr ' s bonsfc , in his shirr * lct ! T « s « . He went to get farther assistance , bnt whsn he and others r-turned , it was discovered that Petty had made hi * escape , and he was not apprthsnded for a w < - ^ k oi ten days aftei that time . Witnesses were called to prove an alibi , but ibis falleA , and the Jury returned a verdict ot Guilty . —Fifteen years transportation .

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      clothes , a : handkerchief , and other articles stolen . These thing ; the prisoner was proved to have pledged afc- Halifax , on the 20 th of February . G-qilty . —To be imprisoned eighteen calendar months to bard labour . William Tessyman , 52 , was charged with having , on the 18 b of Oct . last , at Stonebeck-down , feloniously stolen ten wettfer sheep , the property of William Forster . The sheep . were seen in the field three days precsding the robbery , and on being missed , were traced to Leeds , where it was ascertained they bad been sold on tbo 19 th of October . Tho sheep were marked " RiW . "on the horns . The Jury found the prisoner Guilty . —To be transsported ten years , Jeremiah Barlow , 22 , was charged with having on the 23 rd of October , at Doncaster stolen a pelding , the property of Joseph Machin Axe . Mr . Blanshard aud Mr . Walker wtn for the prosecution ; Mr . WiLKi > "S defended the prisoner .

      -Tho prisoner was found Guuty , and was sentenced to be transported lor ten years . Janies Scoli , 26 . was charged with having ottered and put off a certain forged promissory note for the payment of five -j ^ nds , purporting to be a note of the Halifax and HoddttrsBeld Banking Company , with intent to defrst ^ d Bjchard Yarley Mr . Buss and Mr . PicKEEiNG conducted the prosecutibi ^ juap Mr . Overehd defended the prisoner . : The prcsecu ' or keeps a small Bhop at Stainland , in tbe pariah of Halifax , at which place the prisoner , who is a 6 elver , also resides . On the 1 st of December , Scott went to prosecutor ' s shop , and asked him for sr > me blasting powder , in payment for which he tendered ths note in question , saying be bad received it from a stranper . The prosecutor at once detected the counterfeit , and requested the prisoner to wait till he

      put on his coat , and he -would go with him to the party . They Bought for about two hours for the p ^ i-son from whom the prisoner alleged be had received the note , but did not succeed in finding him , and the prisoner was in const quince given into enstody . On the 26 .. h of November , the prisoner was at a psfelio house at Rastrick , in company with a man Darned Johu Ciegg , to whom he gave a £ 5 note to gat changed- ; Clegg took the note t » the landlady , for which 8 b . « gave him fiv ; j sovereigns , which were by him transferred to the prisoner . The note subsequently went through the haniis of several peiBonB , and wau ultimately returned to Ciegff , who -went to th * prisouer ' s bouse , -when the father tff the latttr rtefeivtd the note , and gave Clegg &re sovereigns . The learned Connavl fur the prosecution having failed in pruning the guilt ) know ledge of tbe prisoner at tke time of the transaction , be was acquitt-d .

      Hemy Turner , 31 was charged with stealing a mare , the property of John Maugham . Mr . Walker and Mr . 4 spinall were for the propecntiou ; tht > pr s -ner w .-ta nudi fended . Tha piosucutor resides at Thorpe , in the parish of K ^ iiberwonh , a short distance from DoDeaster , and on th 9 afttraeuii cf ihe 29 h August kat , between one and two o ' clock , the mare in qutstion was turned into a field , from which place it was missed on the following morning . Oa the afternoon of the 2 iMh , the prisoner was seen riding on an ass from Donca .-t > r in the

      direction of the field out of which the mare had been tasen , and the next day the ass wss found in that neighbourhood . About two o dock on tbe morning of the 30 cb the prisoner was seen ruling upon a horse resembling tbe one stolen towards D > ncaster . Infurmatlen of thtsfc circumstances were forwarded to the police , and in conetquence the prisoner ' * premises were searched und the prosecutor ' s in " -re was found in the stable . f > e prisoner , in dtfence , said that he bought the ma >>? of a man napied Ju ^ n Smith fer six gujneas . — Guil-. y . To be transported for fifteen years .

      Wttliam Smith , 28 , was charged with having burglariouely entered the d ^ t-iiing-house of faniutl Hall , with intent to steal therefrom . Sir . RaINE appeared for the prosecution ; and Mr . Oter £ m > was fjr ihe prisuntr . The prosecutor resides in ilarth , Soutbowram , ami on the night of the 26 th of November , the family retired to rest about tun o'clock , at whicn time the doors aud windows were secure . Between three and four u'cU-ck tho next morning , tbe servant was awoke by a loud noise in tbe warehouse , over which he sleeps . He raised himself up in bfcd , and immediately afterwards a man forced his beci-r ^ om door , with a candle in bia hand , and said he would shoot him . The servant answered be thought he Would not , and the man turned rocmd and went away . Nothing was taken from the premises ; and the Jury being of opinion that uo felonious intention had been proved , acquitted the prisoner .

      John Swa Lr < e 21 , and Beiijimin H-iri ! ey were charged with broking into tbe prc-a sb > p of Messrs . Hirst and Co ., an-i ste-U'n * tht-rtfrom fourteen worsted pieces . Mr Thompson conducted the prosecution j the prisoners weiu unC ^ fecded . The prosecutors are cloth and stuff ilyc . i and finishers at Halifax , and about six o'clock i : j the evening "f tbe 11 th December last , one of the firm was in the press shop , and on leaving the pkee he left all s .-. ' e ; be returned again betwe -n liiufe and tt-n , wr-en ht- f . juud the pre * a shop door broken "ptn . Atwut hclf-p-st eieveu thu same night , tho prisoner S . vaitxj a <> d aiuthtr person were seen not far from the warehouse «* ith a aack each on their b « cks ; that upon beu . e caiied vo they threw tin sacks upon

      the grurii , but 5 < raine to-. k bis up and waik ^ d pwoy . h' -, bowever , &ppearrd to have ai , ain dropped tUe > ack . for upon biacii l > e ng made , tht-y were found witUiu a few \ . i .-da of tack other ; Uieatj s-xka . up-m t-x ruination , irLto foiled to contain U : e articles naiiied in tbe inlictmt . it , TLe prisoners were several times sren in cuiu }> . ny togt-ti jt o ' i tbe nij ; ht of the roVbery , w ^! l vh c 3 U > c ! ib -ir apprt-btfiiaion . Ouiity . Swaine bciving bt ? en prcviousis convicted of fel'iny at Lterts , waa * entt « ce < l to fifteen years' transp irtatiun . Hartley hid be « D coi ! victtd during the present a- 'a ' z s uud- r the name of Masoa , for highway robbt-ry near Br . idt-Ti , and wa . i not sentenced upon the present conviction .

      humel Barker 57 . was charred with breaking into the < i ^ Blling-house of Samuel Norman , with iuttnt to steal thiirein . Mr . appeared for the prosecution ; and Mr . Oyeresd defmded the prisoner . The prosecutor rt-sid ^ s at . WeHmry , and on the mornisg of Ibe 17 lh of January last , atput a quarter past two o ' clock , his son was awoke by a nuise in the bouse , upon which he got up , and on i&okiiig through the window , saw the prisoner in the sh-p . About an hour afterwards thuy went to the prisoner ' s honse , a distance of about thr' -e inilhS , when they found the prisoner in bed . The only witness examined were the prosecutor and his son , and in their cross-i-xauiiuation it was elicited that somu ill feeling had existed between the parties respecting an ass , which the son charged the prisoner with having fctolen from him . The depositions taken bsf jre the committing magistrates differed materially from the evidtnee now adduced , and the Jury acquitted tbe prisoner .

      John B ' ucker , 21 , plmdc-d guilty to having , on the 21 st February last , at Swimfl ^ et , feloniously stoltn six silver spoons , and five plated spoons , the property of Joseph P ; rkin . To be transported Tan Years . Joftn Mather , 26 . was charged with burglnriouBly pntt-ring the dwelling house of Nathan Holmes , and stealing thwtfrojD one hiiDdred yards of woollen cloth , one silver wateh , one pair of black cloth trowers , and other articles ; and also twelve silver tea-spoons , six german silver table-spoons , and two gold broaches , the property of Mnry Ann Holmea . Mr . Pickering and Mr . Thompson were counsel for the prosecution ; tho prisoner was undefended .

      The pn .-secutor is a tailor and draper , at Ke » gbicy , and on the 23 th of December be and bis wife anil daughter went to bed about half-past ten o clock , when the hou ^ e was examined , and found to be secured in the usual way . Tue daughter was tbe first down stnirs on the following morning , about seven o ' clock , when she discovered that the house had been entered by the kitchen-door , and the articles named in the inuictmwit were uius ^ ng . Part of tbe stolen property was subsequently traced to the possession of tao prisoner in B >^ on . and borne ot the articles wtro

      pawned id Bn-f _ . rd by a woman , at the nqueut of iLe prisoner . Guilt ?—To be transported fifteen years .

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      NISI PRiUd COURT , Friday , March 17 . CLOtGH v jamf . s .- ( Special Jury . ) ( Before Mr . Baron Parke . J Mr . Wilkiks and Mr . H . Hill were Counsel for the Plaintiff ; air . Knowles and Mr . Hall for the Defendant . Toe following gentlemen were sworn on tho Jury ;—W . Platt BrudEhaw , of Ackworth , E < q . John Ridsdale , of Headirgley , merchant . J . L . Hartley , of Middleton-Tjae , E ? q . Robert Ramsay , of Middlesborough , merchant . Francis Hobson , of Ecdesall Bierlow , merchant . James Stock , of FUber-Gieen , in Honley , merchant J osepb HaiTison , of Ormuby , merchant . Henry Cbolroley , of Bwnsby-cum-Stearsby , Esq . John Mason , of Ormsby , merchant Thomasr Etty , of St Michael's , New Malton , merchant .

      Robert John Ellershaw , ) _ . Willliam Pass , } Talesmen . At the request of tbe defendant ' s Counsel , tbe witnesses on both sides were ordered out of Court . Mr . H . Hill opened tbe pleadings . In this action Thomas Clough was tbe plaintiff , and William James tbe defendant . Tbe plaintiff complains that tbe defendant assaulted and seized and laid hold of him , and forced tbe plaintiff to go along divera streets , and imprisoned him in a cell for several hours , and afterwards imprisoned him in a yard till he was released . The defendant pleaded Not Guilty by statute .

      Mr . Wilkins aald that if a judgment was to be formed , from tbe note of preparation on . the tberside , of the nature of the fight in which they were about to engage , his opponents were hi earnest , for they had adopted a proceeding which was somewhat unusual in cases of this description , that of ordering all the witnesses out of Court ; thereby implying that the witnesses were unworthy of credit The plaintiff in this case , Mr . Clough , was a man in decent circumstances in the borough of Leeds , who was formerly in trade in that town , and whi'st so he became pretty well known to the defendant The defendant was Mr . James , who was the Superintendent of the Police Force of the Borongh of Leeds . Of course , if his Learned Friend COUUl unufo Uutii uii > uit iua Uui , it MviUu Uik&o iito

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      assault complained of all tbe more serious ; because it could not redound to the credit of any peace-officer ; nor did it say much for the security , and pence , and tranquillity , and comfort of the people of Lends . Tue plaintiff on the 3 lst of December , in lost year , was employed in soliciting orders , he being the agent for the sale of ale and porter , and an article called black beer , of which the people of Leeds were very fond . He bad called at the Union Inn , in Ludgate Hill , to solicit orders ; and whilst engaged there in the chit-chat of tbe day , a gentleman named James made bis appearance ; upon which the plaintiff happened to say to a man named Richardson , who was sitting with him iu the Bnug , "There is a man who is no friend of mine" ; anc heirs asked who it was , be said it was " Jemmy

      James , alias William James . " The Superintendent at , once pronounced this an insult upon him ; it was , as ! an oracle of tbe night immortalized by Shakspaare had ' said , flat burglary . " He , therefore , walked up to tb > plaintiff , put bis fiat into his face ; and made use of some expressions which be wouid not ropeat H « asked him wbat be bad to say about Jemmy James ; but tbe plaintiff kept bis temper , and laughed in his ' face . Aud be said , making a low bow to atf-ne for his ! former error , "Mr . James , the next time you approach < me , I will thank you to do so witl \ ent very nearly 1 knocking down rny daughter . " Upon which Mr . James j wnxed wroth , called him a scoundrel , and said he ; would have him taken up under the Borough Police , Act , and would flue him £ 5 . Out of doors he went , ;

      and ) n a short time he reiurued with two police officers , ) whom be directed to take the plaintiff to the station house , and ho told Mr . Ingham , the constable ef the night on duty at the office as Inspector , not to take biil on any account whatever . The officers obeyed , and tht ) plaintiff was taken away to the prison ; and there bo was kept till the afternoon of the uext day , when he was discharged . And it was for this violent proceeding that tbe plaintiff now sought compensation at tho bands of the Jury . ' D ^ vid Liking—I am a mason , and live near R ch- 1 moud , in the Ninth-Riding of tuis county . I had occa-1 sion to attend the Leeds Borough Sessions last Docember ; I remember being on the 31 st of December last , in th- ; Snug at the Union Inn . at Leeds , between bulfpast ten and eleven o ' clock . Tbos . Clougb , the pla ' ntiff , bis wife and daughter , an >! a person of the name < rf Richardson , were present All the parties were entire

      strangers to me . 1 remember Mr . James , the defendant , com in // into tho r » ora . Oa corning into tbe room he said he would not be offended by such a d ; d rogue , rascal and villain . He would have him taken up to P , uh-row . He snid that to Cioupb . He said he wi . uhl have him locked up till Monday ; and he should have i no bail ; and he would fine him rive pounds as a rogue ' ami a rascal . When he used those words he had bis fl 8 c doubled in Mr . Clough ' . s fuce all the time . James then went out of the Suuu , and returned in a short tiuw ¦ with two policemen . He told thi . m to take away that , man Clougb and iocfc him up , aud he WU 3 to have no boil till Monday morninjr . The policemen took him ; ' Ciough had done nothing that I saw . I wa 8 tht-re half i an hour before Janu's caine in , and I heard nothing said nor . done , except that Richardson asked who that was , I and Clough said , " It is Jemmy James , alias William ] J . iuius . " Tnat was before James spike to dough in the flrat instance .

      Cross examined—I was stopping at the Union Inn j during the sessions- This occurrence was on Saturday : n > ght . I drank wine and water . I had had toil in another ruuiu btfore I went into the hnug , about ten j o ' clock . I was Bubj cooed by Mr . Naylor , about tho Battlement of n > y t > on . I had seen Clough two or three ¦ t mes before that night , at Mr . Sadler's , tho Union : I en ; and once or twice in the marktVpIace . i do not i know who Richardson is , James was in thy bar speaking to Mrs . Sadler , when Rxhardsun askt-d vphotbati was , and Clough gave the answer I have staged . He

      answered so loud that James might h' -ar . Cloogh did not say " Aje , d—n that Jumas . ' I did not hoar Janus Kay that ht / would not be insulted in the execu- [ tion of his duty by Cloufib . He said he wouli not be insulted by him . I did not hear the wonla ' * in his office . " I < 1 M not see Clough take a mouthful of b . jer and spit it out at James ; he did not , because his wife drank It iff . I did not seo any thing of IU > - kind . I did not fii ' u him spit at James at all . I uni sure tbit I was wMe a ^ ulce at tbe tune . I was sitting : > t the far end of the snu ^ . looking toward * the bar . Cluu ^ h sal facing the fire-place , on my right haml .

      Re-exi-mint-d . —I hud got my tea in the kitchen . I wus in the tseat under the window in the Bi : ug . I did not see Junes in the bar . He came into the smu » in a passion . It was btfore he came in that Clougii had u » b 4 the the words I have slid . No spiUnu : or spirting of ale oould have taken placv ¦ without my setuijj it . Thoinim Kichard 8 on—1 am a pawnbroker at L > eth . I hikva n » t conlri mted towards the costs of tins action . or to puyhiK the Attornoy . I do not kuo « v tii . U any of the Plaintiff ' s neighbours and friends have c <> ntr . buted towards defraying the Costa of this action . Or . tho lost day of tbe year , 1 was at thu Union Inn , at Lteds . I met the plaintiff there by accident . Whilst 1 was there Mr . James crime into the house . I went about eight , an i ho caruo in about h ;> lf-past ten . Ci' u ^ h was

      tutkin about Ibe last nght of tho year , and he said , " A peiaon bus come iu who i » nofri' nd of tniim . ' Tbe person of wham he Wiisspeakintr was in tho bnr adjoining tbo ti u ¦ , where wo were . I aske < l velw ihe ptrson was , and he said " Mr . Janit h . tUias Jemuiy Jamus " Mr . James attempted to get into the ro . m und Mr . Clouvbs dnuahter P . as slaniiini ; in thu w : < y , £ . nd hegave her i ' . push to Ret past . Mr . Cloo ^ h said " 1 wish you wouiil not push my daughter ; " aud he said , " I will ; I will , you d—d thief , liar , nrd vagabond . " He was vt-ry mticti bxcitid . Wbilot ha was making uso of this langua ^ ro lie clenched bi ^ fiat , and held it close to Mr . C . ouxh'a faco . H « - said he would not bft iusulted by Mr . Ciuugh whtn hB was on his duty . He sain ho wou'd h : ive him fined £ 5 under the Improvement , Act . Hn would have hm taken to th * look up . Mr . Cluugh 8 iU < t h « begged pwaon if lie bad oft ' . ijiled him . He said be woul t Lave uutbinR of

      tbe so . t ; he would have him takan din-ctly . Ho Wrnt uut , and in a few nii ; m « nts ho returuud with two police : ;) un . He said to them , " take Mr . Ckmtib to tbe lock-up ; and if any person conies to give b . dl , it is not to be tiikt-n at all . " The policemen went on each side of Mr . Clough , and as soon as they touched him hi > roae spontaneously . Mr . James did not at th . it time say one word about spirting aia or spitting . He u » ed nttbing to wipe his face . When tbe police took Mr . Clough away they w * 'nt past the Housa cf Ii-oovery . Mrs . Cluuj { h and I went to Mr . Biaumont ' e , and Mr . Beaumont ar » d I went to the Cjurt-House together . Mr . Beaumont tiff red bail for Mr . Clou ^ h in my presence He offered to deposit a sum of money as security for his appearance . Ho did not tender the money , but said he bad it iu his pocket . B iil was refused . Tke Defendant was not there . Mr . Clough was sober .

      Cross-examintd . —My pawnbroking establishment is in Dyer-street . I b ^ va kriewn Clough ab > ut two years ; bill did not know him wbon ho kept tbe public-houso . I have heard him say that he once kt » pt a public-bouse in Kirkgote . Hi- did not toll ma th . it bin license waa taken away fur keeping a diaorderly house . S' / tne discussion arose betwaen the Counsel na to the propriety of purtmiiig this line of examination . Mr . K . owles said be wanted to shot ? ill-will to tb" policu , nud to Mr Jumes in particular . The proposed course of tzamination was permitted .

      Examination continued—Mr Clough did not tell me , ana I don't know why he lost his license . I know Mr . James very well . He is Superintendent of the Police at Leeds . He i ^ as gon&through thu different gradations of policeman , fie jeant , inspector , and fiuperintendent When J . jmescamn into tbe room , I did not hear him say to tbe plaintiff , " Clough , what is tbe reason that yi > u insult rue whenever you see me ? ' He said something tantamount to saying th it be would not be ineultsd when he waa in the execution of his duly . I do not know what James ' s business was iu tije house tbat ins ; lit ; I only beard after Unit ha was inquiring for HOi'U ; man . I tiid not hear the name of Broimh-on

      mentioned at all . I afterwards went 'wit ' a Ciougu , at his request , before tho Watch Committee . It waa Ibe Friday following or Friday week fallowing j I wo l't be certain ad to the day . Our object in going was to lay tha conduct of Mr . James bt ^' ore tho Committee . Mr . James was t&ure . I tbink I whs in the room when Clout ; h was txirnin- d . Tha Town Cierk , Mr . E'ldi 8 on , was thero . James said that Ciough had insulted him many a time , and he could not pasa quietly on the street . He said that Clougb bad spit in his fjce that night . Clough did say that he hud spit , in the direction of Mx . J-imfes , but not at him . The Wateh CumiutUtie dismissed tbe charge .

      Cross-examined—The Watch Committee asked if he would waive tbe legal proceedings that he had commenced if they would interfere ; and he said "No . " They accordingly refused to interfere in it , I have been a . pawnbroker ton ov eleven years in the aame place . I knew James about a year or two before he got into tbe p ' olioe : bo was a plasterer , aud kept a cook-sbop . I did not know him in any other occupation . William Wilfeinson—I am a gunmafcir at Leeds . I was at the Union public-house on this night . I was in

      the bar when , Mr . James came in . Mr . James went into the snug , " and waa not there above two minutes . When he came out he said to Ciough , " I will put you where I can fiud you . " He want ont and brought in two of the police . He then said , " Take this man to tbe lockup , and tell Ingham that I allow no bail whoever comes" The policemen took Clough away ; be was sober . Mr . James gave no charge to the policemen , and did not Bay ; why he took him away . I beard nothing said about any spitting till two or three weeks after . I did not see James use his pocket

      handkerchief . Cross-examined—I saw James speak to the landlady , when he went in , but I did not bear tbe numo of Brougbton mentioned . j John Swift—I am a , dye » at Leeds . I was at Ihe j Union Inn oa the last day of last year , about half-past ten . I remember James , the superintendent of the J watch , coming into the bar and speaking to Mrs . ; Sadler . James went into the snvg , and came out , and went out and brought in two policemen , and he gave Mr . Clough in charge to the policemen , to take him to the gaol , and to tell Ingham ttufc no bail was to be taken . I heard no complaint from Mr . James about , spirting or spitting . I did not aee him wipe his face , j He did not tell the policemer what they were to take the man away for . He seemed to be rather in a

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      Cross-examined—I did not hear any name mentioned wheo Jainea waa speaking to Mrs . Sadler . I had never seen Mr . Clough before that night George Beaumont—1 am a tailor and draper at Leeds . t have known Ciough , the plaintiff , better than three years . In consequence of a communication to me on the night of the 31 st December last , I went to the lock-up-houso id Park Row . I offered to become bail for Mr . Clough . } I offered a sura of money . Cross-examined—When I first knew Mr . Clough he w . s living at the Grove Inu ; I believe bis landlord was Mr . Singletpn ; bnt will not be positive . I don't know that he lost his license . I can't Bay whether or not be was obliged to leave . I have beard him e&y that the police tormented him , by going into his house when he bad company , and annoying his company . I suppose the police went to sea what sort of company he had . I don't know that sinjo hs left the honse Cloush

      has been brought before the magistrates for insulting the police . I have haard sny that he was fined onee . He was guing on the street on Sunday night , and the police were doing something at a boy . He said it was a shame be should do so , and the policeman threatened to tuke him , and be said he would go along with him . I don't positively know that he was fined . I was not wiih him before the magistrates . Thomas Weare—I am a wood turner at Leeds . On the night of the last day of tbe year , I waa taken into custody for assaulting a p rson in the street . When I was taken to the police office , Mrs . Ciough and

      Mr . Beaumont were there . I heard them off .-r bail ; it was refused ; j 1 was put down stairs into the prison . Mr . Clough was there , and a man named Broughton . That was about half-past , eleven . We all three aUid in that piace till tbe morning . They did not furnish us ¦ with a bed ; we bad nothing to lie upon but the forms . About nine o ' clock in tho morning , we were turned out into the yard . pPhere were fifteen er sixteen pereons : some of them were under sentence of transportation . I think there were not any respectable people there . Mr . Ciough was kept tiil between one and two o ' clock on Sunday .

      Cross-examined—I hid not hear what passed before the magistrates . Mr . Knowles then addiessed the Jury fur the defendant , ami said that he should show them that the plsiiitifl spit at Mr . James , that his mouth was full of liquor , and that he spirted it at him . He should also show that when he was before the magistrate he was charged with spitting at the dei ' endaiit , and in his o n defence Ciough said he did spit in the direction of Mr . Jsrues , but n

      the defendant en that ground was entitled to tbbir verdict . Hd also noticed t ;> e faut , tbat the Watcls Committee of the Leeds Cjud : il bad dic-uu ^ ed tbe case on a charge being made by ftlr . Ciough . Chnstupher Harland—I live at Leeds , I was at Mr Sid er ' a public-ihouae on tk- j last dSy of la ^ t y . ar . I had bton up stairs , and v is cominp rto-vn vii-. ea I heard a row between Mr . C . ou ^ h and Mr . Jimes . I heard Mr . Clough call Mr . Juhk * a bully and an * l a bawdy house ktsptr : and Mr . J . imps suit ! ba "vras nj > r > n hia busintfsj acd if h < insnl'ed him in that ma : ner ha would t , ke Diin to the leefc-up . I heard him say that he would not allow him no tail whatever . I hn irri

      James talking to Mrs . Sadler , but I did not hear what he said . Hi ; waa inquiring for some parson or other . I heard Mr . Jumea say that Mr . Ciough bad spit in bis face , tut I never saw anv such thing . He said that whun they were taking Ciough away to " tho lock-up . . ; Croj-s-ex-irninsd—My . James did not aecm much out of temper . I was a * kevi to beeum ? a witn < iS 3 on Sanday we k . I had spoken to ona of the pol : ca about it ; and Mrs . James Sent lot me to go see Mr . North , a clerk to Mr E-ldison . 1 am n j . / . n « r : I hav ^ been separaU'd from myiwife tkes-j fiv » : > cars ; I 8 nw her this aftbinoon . I have served as a javelin-man [ witness pioduced his recommendation )

      The JuDOE-fHehas got his commission as a javehnman—( Laughter . ) Joseph Robert Atkinson E q . was called and examined on the vpirdire . He paid that he occupied riteable property in Lee-Is , but he did not know that tbe expences of defending this action were to be p : rid out of the Borough Fiind . The Judge t ^ aid that U : e o ! j . ction to the witness on account of bia being a ratepayer was cured by a recent act . ; The witness was then sworn and examined . —I am a ma ^ iB trjte of the Bor . us ; h of Lseds . I resnt'inher on Sum . ay . the 1 st d : iy of th » present year , Mr . James bringing a person ot th «> navn * of Clougb before nit . I iicppfciitsd to beiat the Court House on that day . James marte a charge iagainst him . What he Eaia was not

      taken down in writing . Ha charged Mr . Clough with having , under the fsc'ttment of liquor , used violent language and spit at him ; which be called an assault Janics did not isay what be was doing whwi Clough did this . Clough said he was not spirting at him , but spitting towards him , and he did not intend to spit at him He said he was spitting at a man of the name of K . chardson , I tbit . k . I am cloarupon it . James replied that be conld not be spitting at any one else but him , aud that from the language he used be intended to insult h m Cfough said to < vm , vcr 7 sorry , and ce hoped Mr . Jitnes would overlook it ; that it sb-iuld no ; occur n ^ a iu Jam < : $ replied " 1 only want him to conduct biinsclf quietiy towards me . " Ci >« ifh prowistd that h * would do so in future ; aud then James snil he would not puss the case r . ny fuilher , aud it was liismissad .

      Cross-ex imined—I uiuK > rst iod Clrjugh to aay that he would not < io so in future . I don ' t think h >* slid that he wiis very sorry that Mr . J : T . " 9 took it as an tffecce , and he woul I ' not do it . again . Ha said he was not spitting at , but .-toivarda bim . M r El ward Read— I am the Chkf Constable of Leeds Mr . Junes is the Superintendent , and next in rank ti me . We are appointed by the Watch Committeo under the Municipal Act I remember on tbo 31 st of D'cember last , living James a warrant to execute against a n » n named B . sughton . The wairant produced is the Bajne . I The warrant ; was read . It - as signed by Richard Bramley , Esq .. and was to apprehend Thomas B oughton . for i-rnkinr windows . '

      Cross-examined—I was present at tbe hearing of James ' s complaint nizainat Clough . The expression that Ciou # b used when James said be bad been spictine at him , was . as nt ^ arly as I can recollect , that he . would [ ta&e care it ehmild not occur again . | Mr . E iwin Eddison—I am tha Town Clerk of Leeds , j I occasionally attend the meeting of the Watch Com- ! mittee . I was there on the 6 th of January , and recol- ; lect seeing Clwugh there . Ciough charged Jitnes with i having brought ; him to prison without sufficient cause , i and refusing to take bail . Mr . James said that he- bad ' assultert him in ; tbe execution of his duty and spit at ! him . Clough said he did not spit at him , but he spit j towards him or in that direction , I won't ba certiia as ta the words . He said be was spitting to w . irds a m ;» n named R ' . onar Ison . The charge was dismissed As Towu-Clfcrh , I know that James Wi 3 appointed Superintendent un - ' at the Municipal Act .

      * * r *¦ Cross-examined—I told the Watch Committee that ' if they were to | enter into the charge they must have a ' distinct understanding from Clough that be would pro- j cued no furthtr i in the proceedings be had commenced before they cave their decision . He refused . . i Mr . Wilkins said that he had once read a passnge i in an old play— " fl > urifh of trumpets ; enter Tom ' Thumb" —and he really thongbt that this was applica- ble to the conduct of his Learned Friend , when he had i talked of tho irreptoach ^ We an ^ spotless conduct oi his

      clients , the man who had gained the applause and ' esteem of the public , far and wide . He had no doubt ' tbat Mr . James had been a vory vigilant , active , merri" toriou . 9 , and income respects a vory useful cffi ! er ; and ' he was not at i all surprised that his Learned Friend , should vaunt his proceedings in the Borough of Leetfs ;' but he bad atwwn that this D fendaiit , with all his knowledge and ; expurience , had acted in a manner j which would be a disgrace to the lowest police-officer . in Leeds . On the other hand his Learned Friend had asked them to bidieve that Mr . James had been made the

      object of one of the most outrageous attacks that ever , was witnessed , and that had rendered his conduct venial ; but it would b « for the Jury to jurge upon the facts of ' the case : is they had been laid before them ; and after having done so he had no doubt that their verdict would be in favour of his clio ' . t , the plaintiff If Mr . l James had benn acquainted with the provisions of the j New Leeds Improvement Act , ho would have k--, own ' that under thu i 330 th section of that Act he ha < i his remedy against the plaintiff by summons , when hi ' mght have bean fined to the extent of £ 40 . But hisfriend ha'l said that shaking his flst was an ussault i Why then Mr . ; James , hnd committed an as 8 : iu ! t , \ because it was proved that he had not only used tha I words which hte Would not repeat , but had- held tip his clenched fist to Mr . Clougb . He contended that nene o ! the witnesses for the defenca had contradicted : those which he had called for the plaintiff . ;

      Mr . Biron Pabke summed up the case . He said there was no doubt that tbe plaintiff was taken away by the order of tbe defendant , in custody of two policemen , and imprisoned in the lock-up through the whole of tbe night and part of the next day ; and therefore be was entitled to such a fair compensation as they should think fit for tho loss of his liberty , unless they should be of opiniou that & satisfactory defence was made oat . Every constable | at common law , as well as under this act of Parliament , waa perfectly justified in taking up and earring before a magistrate any person whom he sees committing ] a breach of the peace ; and if he was the person against whom the assault waa committed , he

      might take the ; party into custody himself , because in that case ia constable was the same as a third person . The first question that he should ask them to decide was whether there had been an assaalt committed before the apprehension of the plaintiff ; and upon that question be mightobsenre that if they were satisfied that there had been a spitting against the plaintiff that would amount to a breach of the peace . The second question ] would be whether the defendant believed at the time he was acting under the authority of the Municipal Act ; because , if so , he was entitled to certain notice of action , which would afford time to make accord iand satisfaction before the action COD > menced . .

      The Jury retired about three quarters ot an hour , and oa their return said , in nuswer to thu first question , that they found for the plaintiff .

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      . ¦ ¦ - —— - - - ^ With respect to the second question , more difficulty arose , and the Judge explained it at considerable leagtb ; bat still the Jury did not seem to comprehen d its real bearing . After some consnltation , the Foreman said We believe that he was acting under excited feelings ; and in the belief that he wonld be supported , and have the man fined ; bnt we are unable to say under what act . The Judge—I am afraid you must say . There are so many points in this caae that I don't wonder at your difficulty . The Juryman said , after a pause , we believe that he was acting under the impulse of excitement , and vindictively . The Judge read over the evidence on that point The Jury , after a further consultation , said—We believfl that he ucted with great impropriety , but tbat he considered that he was acting under tbe authority of the M uuicipal Act .

      Then the Plaintiff must be Non-saifced , as he has not given tbe notice of action required by that act . The Piaintiff waa Non-suited accordingly .

      Monday March 20 . ( Before Mr . Baron Parke . J Felix Booth , Sb , was charged with having , on the 15 k of D ^ csmber last , at Hull , feloniously written aud sent a certain letter to Sir Felix Booth , Bart , threatening to accuse him of on infamous crime , with intent to extort money . Tbe Hon . J . S . Wobtley , and Mr . Wilkins ware for the prosecution ; and Mr . Buss def-jaded tbe prisoner . Mr . Wortley stated the case , observing that it was one of a most serious and painful nature ; serious in its character , and painful from tbe connexion between the prisoner and tbe prosecutor . The case which he had to bring btfore the j try , waa that the prisoner had

      addressed to Sir Feiix Booth , his relation , a letter in which he charges and accus ? s Sir Felix Booth of the most tilthy , and the most abominable crime which waa known to the English law , and that he addressed that letter and used that threat and that accusation for the purpt . se of extorting f com Sir Feiix B ; oth , money for bs own purposes . By an act Passed in the 7 th and 8 th of George IV ., that offence was made a fsiony , and if a party be convicted of it be most undergo the punisfiluii . t which all would feel was well deserved and most due for such an offence . Ths prosecutor was a gentleman -whose name might be well known to some of the jury ; ho waB a gentle man advanctd in Ufe , who up to this time had livM respected and hrnoured by all who bav « known him . He had served the office of Sheriff

      of Lotirton in 1838 9 , by tbe election of his fellow citizens ; has ranked in high Bociety , and has been honoured by persons of high distinction , and has won for himself a name as a distinguished friend of science , having been in fact the individual tqo famished the monies for the expedition to the North Pole , Which resulted in the discoveries of Capt Koas , and to the wiving of his name to newly discovered land . Sir Felix is also a distiller , being one of those persons wh » have raised themselves to high stations in society by tbeir own ex-ttions . He had a distillery in London and one in Scotland . He also had a large brewing concern in London . The prisoner waa a relation of Sir Felix B < ioth—he beHeved a cousin . His father kept a grocer ' s Bhop at Caistor , in Lincolnshire , and at

      the time of the prisoner ' s birth , application wag made to Sir Felix to honour the father by becoming the pri-Boner ' s god-fattier . In an unhappy moment Sir Felix consented to do that , and accordingly the prisoner at the bar was named after him . For some reason or other tke prisoner was living away from home , and not under his father ' s roof . Ha had contracted a marriage , he kn » w not and cared not in wh : tt class of life . In the year 18 . 35 he applied to Sir Falix Booth to give him some employment , representing hiraae : f at the time to be in a state of abject distress . He was in the metropolitan polica , and expressed great anxiety to leave it and get some employment from S rFeix . After some time S . r Foiix consented to give him employment in "no of the distilleries with which he was

      connerteu ; aud a par . ntr of Sir Felix , Mr . Grimble , undertook to give the prisoner employment , and to let him have such wages and such allowances as he ( Mr . Grinible ) thought proper . According to the instructions given to him by Sir Felix , Mr . Grimble provided for the prisoner , gave him employment , and found lodgings and accommodation for him and his wife . He was provided for a length of time , but afterwards the prisoner ' s conduct had become so bad , being addicted to intemperance , tbat he was discharged . Subsequently the prisoner again threw himself on the mercy of Sir Feiix B . oth , and entreated him to give him anotha trial , and to put fcitn iu a situation where the temptation would not be so greatfas at the distillery . Accordingly , Sir Felix Bjota did consent to place him in a

      farm house which he had purchased , at a place called Catworth , in Huntingdonshire . A person named Sadler had the management of this farm , and there was a house there at which Sir F . B > oth occasionally resided when be had occasion to be in that part of tha country . The arrangement as to the prisoner's going to this farm was this—that he should live rent free , have board and lod ^ inifs , and the profits of the poultry , amounting to between £ 40 and £ 60 a year . The only thing he was to do for this was to write a statement w-fekly of the work done upon the farm . He and bis wif-i lived on the farm from 1835 up to the spring of 1833 , and during that time he , from t ' . ma to time , wrote letters expressing tue deepest gratitude to Sir Fel x for his kindness . Iu tae early part of the

      yi-ar 1839 , the prisoner had got into some disputes wuh tha neighbouring farmers , and others at Catworth , which led to some correspondeEce between them and Sir Fvlix Booth , in ths course of which Sir Felix found Rreat fauit with the prisoner , and the result was that ths prisoner and his family had to leave Citworth . Af : erwards letters passed to Sir Fe'ix from tbe prisoner , who entreated Sir Felix lo give him something else to do , and in thrse letters there was not the slightest insinuation ( . f the crime to which he ( the Learned Counsel ) should have to call their attention . The prisoner wi-nt up to London and applied personally to Sir Felix for some employment , and Sir Falix actually advanced to him somewhere between £ 200 and £ 3 \ j 0 for the purpose of purchasing for him a stock

      of groceries , witti which ha set him up in a shop in Chorlton-strest , SumersTown . Ho went to that shop , and shortly after applied to Sir Folix Booth fora further advance . Sir Felix then refused to give him further assistarce unless he would make eut for bim a statement « f bis accounts to ehow tbat he had been acting properly . Tho prisoner then made out a statement of recounts , and after a perusal of that statement , Six Felix advauced him £ 105 . The prisoner carried on business , an « t applications were made from time to time of the most pressing cbaraster for further pecuniary assistance . But still no hint was given by the prisoner of the accusation which be afterwards made against Sir Folis . On May 15 th , in the ensuing year , the first letter arrivea which had the smallest allusion

      to tbat topic , and that was after the application for pecuniary assistance had been made by the prisoner to Sir Felix Booth . But even in that letter , although it contained some dark insinuations against Sir Felix , it was not until later tbat the letter arrived on which this prosecution was fouuded . This letter was received on the 23 rd of December last , at the house of Sir Felix Booth in London . Before he read that letter , he would tell the jury that they would find in that letter mention of a person » f the name of Marr . Sir F < slix waa extensively engaged in business , and this young man ( Marr ) was a person whom he employed as a confidential clerk . That young man had very early in life left his parents , who . resided at Edinburgh . He had run away from hom 9 , and had enlisted in " The Yorkshire Greys . " Sir Felix Booth had a very high respect for the mother of Marr , and paid for his discharge out of the regiment , and employed bim in the capacity to which he had referred . Tb . it fact was known by the

      prisoni-r , and it no doubt wus the fact of Sir Felix Booth ' s kindness to this young man , of whom the prisoner had e-uertained a strong feeling of dislike , which had suggested the infamous accusation which ha afterwards made against Su- Felix . On the 23 rd of Dec ., Sir Fatix Booth received a letter dated " Hull , 15 th Dscember , 1842 " This letter charged that Sir Feiix Booth ha'd been gotifcy of an unnatural crime with the young man , Marr , and pressing for payment for alleged services of tha prisoner and his wife at the farm . The letter also stated that the prisoner had written to the Commissioners of Police , the Secretary of State , Sir R Peel , and other influential persons upon the subject , and that he would coutinue to do so until 0119 or the other was taken up . Tue letter dealt in accusations which were entirely groundless , and upon ths mere incentives of his own bad passions . Tea prisoner had admitted in former letters that he had no claim for wages or services upon Sir Felix .

      Sir Felix Booth was examined at great length in support of the opening of tbe learned Counsel . In his cross-examination he stated tbat the prisoner had shown him a book , which the prisoner said would expose Sir Felix , and which he said he would publish unless he ( Sir Felix ) purchased it , and then it would ba destroyed . In bis re-examinatiou he stated that he bad reason to believe the young man , Marr , was hia own son . Other witnesses were called in support of the prosecu * tion , and the prisoner Was found Guilty—Sentence deferred . The Court then broke up .

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      SUBSIDIARY COUKT—S ^ Tt'BDAT , March IS . ( Before Ihe Hon . J . S . Wortley Q . C . J Thomas Giedhall , \ % . and Abraham Farrar , 20 , pleaded guilty i « ste-vling at Swillinaton , on the 14 th of Nov . last , one ewe . and with killing one other ewe , with intent to * teal tbe carcass —To be imprisoned four calender months to hard labour . John Burton , 38 , was chirked Jwith stealings great enst , ths property or Jauues D . sou , ot Srdbergh . > lr . Bla > "SHard conducted the prosecution , and Mr . Deasley dfcfented the prisoner , who wa ± found guilty , and sentenced to be imprisoned for three calender months to hard labour in Wakefield House of

      Correction . William Slorer and Thomas Robinson were charged with breaking into the awebing-honseof Wm . B-jukity , at Crjokas near Sheffield , and with stealing various artid ' -s therefrom . Mr . Pashlet and Mr . Siiuu were tor the prosecution ; the prisoners vete undefended . Tbe Jury found Storer guilty , and tbe constable proved two previous convictions against the prisoner , who wbs sentenced to be transported for ten years . Ro' . inson was acquitted . Samuel Uvriijner , 40 was charged with killing a sheep at Haifield , the property of Francis Siuncliff * . with intent to steal the carcass . Mr . Roebuck and M . r . Aj-Pi : > all were for the prosecution : Mr . Wilkins

      defended the prisoner . The prosecutor is a small farmer iivinjj near Thome , and In February last he had thrse sheep pasturing in a field , which he taw safe on the evening of the 11 th of that month , and on the following morning it was discovered that one of them wm slaughtered , and tae carcass taken away . The prisoner ' s house waa Eearchtd , and several parts nf a shrep were found in it and in an adjoining Tosh stack , one of which corresponded with the skin left m the ne ' . d . In cross-examination ii appeared that there was only a very small piece of mutton found in the prisoner ' s house , and that tbe stack in which the greater part of the meat waa found was a distance of 100 yards from the prisoners honse . —?» - > t Guilty .

      JlODAY , ir f-iBCH 20 . Before M . T . Baines , Esq ., Q . C . Joseph Pollard , 37 , was charged with having burglarir-nsly entered the dwellirg house of John Patcbett , and stolen therefrom 160 lbs . weight of bacon , one gallon of gin , and other aTtides . Mr . PASHX . EY was for the prosecntion ; Sir Gkegoky Lewjn defended the prisoner . It came out in the course of tbe trial that there was no case against Pollard , and that tbe guilty party -was a man named "Wilkinson , who had been committed for trial , but the Grand Jury bad ignored the bill The Jury , therefore , under direction of the Judge . srqc , tcJ the prisoner . William Myers 32 , was charged with having feloniously assaulted William Myers , and with bavins stolen from his person one gdn , the property vf Wm . Rhodes , E * q . at Arthington . Mr . Ovekend was for tbe prosecution . Sir Q . Lewis defended the prisoner .

      The prosecutor is a farmer at Artbington , and on the night of the lSlh of October , he went out with the gamekeeper of Mr . Rfiodes , of Kukstall Hall , to preserve the game on that estate . The prosecutor bod a trnn in his band , and they encountered a gang of poachers , of whom ths prisoner was one ; on coining up , the prisoner and the prosecutor had a scuffle , in which the prisoner wrenched the gun from tbe prosecutor , who was also much ill-used by the other poachers , and but for thi interference of tbe prosecutor would probably have lest his life . The prisoner carried away the prosecutor ' s gun ; bat tbe Judge doubted that there was any proof that the prisoner had taken away the gun feloniously , with an intention to convert It to his own use ; it rattier appeared that he bad taken it from tbe prosecutor for tbe purpose of disarming him , If that were the case , than , however guflty the prisoner might be of another effonce—that of night poaching—he was not guilty of the felony .

      The Jury returned a ¦ verdiet of Not Guilty , % ai the prisoner waa discharged , after an admonition as to hu future conduct Thomas Raimsley was charged with stealing from the dwelling-house ef John Priestley , of Bradferd , a quantity of wearing apparel . Mr . ChaBles Haudt conducted the prosecution . Tee prisoner was undefended . The prosecutor and hia wife were from home on tbe l 7 Ui of FiVuary la * t and on their return they fonnd toai uib nouse n * a Dcen entered , and a sui ; of men ' s

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      Melrose .-Fatal AcciDENT .-OnSatnrday se ' nnight the miller of Nemown Mill , near Melrose , having observed the supply of water ia the dam suddenly diminish , went to a large and unclosed pond , situate by the road side , where the sluice is placed , to ascertain the cause . For this purpose he thrust in a dung-fork when to his astonishment and horror , ha drew up the body of a little girl , the daughter of a person named Jane Moin , who resides in the village

      Another girl , the daughter of Adam Thompson , labourer , being missing , the mother , on hearing of the occurrence , came to the spot and expressed her apprehension that her child had shared the same fate . Unfortunately her fears were too well founded , for the next moment the lifeless body oi' her offspring was dragged to the side . The two little girls , who were inseparable oompank'ns , had , while playing together , fallen unobserved into the pond , which is or considerable depth , and were drowned . —Calede-( Ionian Mtrcwry ,

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      i ¦ £ THE NORTHERN STAR ,

  • Citation
    • Northern Star (1837-1852), March 25, 1843, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct643/page/6/