28 FEBRUARY 1829, Page 5

OLD BAILEY SEsstons.—Elizabeth Roebuck was indicted for perjury, com- mitted

in her evidence last Sessions on the trial of Mr. Smith, for assaulting Jane Byrne, his servant. Mr. Smith was examined ; and gave a detail of his own immoralities so foul, that Mr. Hill, the counsel for the defence, said that the English language was deficient in terms sufficiently strong to describe a man so base so utterly destitute of principle and feeling. Smith avowed that he had been at several police-offices upon charges connected with his con- duct to females; and he had been accused of taking liberties with a very young girl whom he had brought over from the Continent; but he declared "upon his honour," that he could not recollect the nature of the charge. Mr. Hill—" Come, don't talk about your honour." Smith—" I have more than you have." Time witness was also reproved by the Recorder for his impu- dence and familiarity. The evidence of none of the witnesses except that of Smith the prosecutor was material to the case. The prisoner received a good character from several respectable people. The Recorder, in summing- up, glanced at the immoral conduct of the pursuer,—who, as lie had contra- dicted himself and prevaricated before the Court and Jury as to the previous charges against himself, did not deserve that much credit should be attached to his evidence; and he was of opinion that the assignments for perjury in the indictment, besides being insignificant to the issue, had not been substantially made out. Mr. Alley, the counsel for the prosecution, with great warmth denied that the Recorder's law was correct; and an unseemly altercation took place between the Judge and the Barrister. The Jury returned a verdict of Not guilty. Mr. Alley, handing a paper to the clerk ef the Court, said, with considerable warmth, "" My duty to the public and to my client directs me to say, that the other indictments connected with this case shall not be tried here. I here lodge a certiorari, for the purpose of moving them into the King's Bench." The Recorder—" I see, Sir, your object in this proceedings and the manner in which it is done." Mr. Hill—" And the erect of which is to oppress my client." The Recorder (to Mr. Alley)—" I should wish to know, Sir, what your object is by this most unusual proceeding." Mr. Alley—" I will tell you plainly. I am dissatisfied with the judgment. A Juryman.... " Bur, Sir, we have given a verdict upon oath." Mr. Alley-..." You have a right, gentlemen, to your opinion, and f to mine." The Recorder—" You have acted most improperly, Sir, and with great disrespect to the Court." Mr. Hill—" I beg to apply to the Court on behalf of may client, that she may be admitted to bail upon her own recognizance." Mr. Alley—" And I beg that she may be ordered to give forty-eight hours' notice of bail before she shall obtain her liberation. I ask no favour, I demand justice." Mr. Clark- son—" If this conduct be persisted in, the unfortunate woman may be kept in prison for a twelvemonth." The Recorder intimated that in the mean time Mrs. Roebuck should remain in custody. Mr. Clarkson—" It is very hard that she should be detained in custody to answer the purposes of such a ruffian as Mr. Smith." Mr. Alley—" Who calls me a ruffian ?" Mr. Clark- son—" The expression was not directed to you." Mr. Smith—" You dare not repeat it to me, Sir, out of this Court." Mr. Clarkson—" lie silent, Sir." The Recorder told the Jury that they were discharged, and soon- after the Court broke up. The trial lasted from eleven o'clock till half.rst nine in the evening; and some well-dressed women remained during the whale time, unabashed at the filthy details which the investigation involved, but with the statement of which we may not sully these pages.

James Ward was indicted for stealing bank-notes and a draft, amounting to 851. in value, from the Southampton mail. The mail-bag containing the property was lost; and the defence was, that the prisoner's nephew found the pocket-book, containing the notes, on the Winchester road, and gave them to hint; and not finding an owner for them, he thought that he selik justified in applying them to his own use. It was contended on the partti the pri- soner, that the prosecutor had not shown that he had the means of tiding an owner, and therefore it was a legal finding. Mr. Justice Gaselee explained • the law with respect to the finding of property. Formerly if a man found pro- perty upon the high-way or elsewhere, and appropriated it to his own use, he was deemed guilty of felony, no matter whether or not he had made in- quiry for the•owner. The law however, had been altered in that respect, and now a man might appropriate to himself property which he found, if he had duly inquired after the owner, and provided it bore no marks of identity. With respect to the present charge, the Jury were to consider first, whether they believed the prisoner's story as to the finding of the pocketbook ; and in the second place, whether they did or did not believe he had the means of knowing the manner in which the money had been lost. Verdict, guilty of appropriating the money to his own use, but not guilty of the finding.

Margaret Ebner and Hester Ebner, mother and daughter, were arraigned on the charge of having wilfully murdered Margaret Howse, by starvation. The circumstances of the case were stated in our police-report last week. The Court put off the trial till next sessions, because counsel for the defence had not had time to examine the indictment which was of great length. James Galloway and Robert Sewell were charged with stealing Govern- ment stamps valued at 50001. from the Bull and Mouth Inn, in September last. After hearing the evidence, the Jury acquitted Sewell, and found Gal- loway only guilty of having the stolen stamps in his possession.

Thomas Hodgetts, clerk, pleaded guilty to an indictment charging him with fraudulently embezzling 156/.13s., the money of his employer, Mr. Frederick Freshfield. The prisoner, it will be recollected, was sent by Mr. Freshfield to the Bank for the money to pay the weekly allowance of the Spanish refugees; and after he had received it, ran off with a female with the intention of going to America. He was found guilty on his pleading.

Henry Downer, clerk to Mr. Davis, merchant and banker, Shoreditch, was indicted for having robbed his master of upwards of 12001. The prisoner had carried on his guilty course for several years; but as it was not proved that he had stolen 51. at one time, the capital charge could not be sustained against hint. He was found guilty of having stolen to the amount of 4/. I9s.; and was sentenced to be transported for fourteen years. Mr. Adolphus- " Prisoner, you are bound to pray for your master as long as you live; but for his great humanity you most assuredly would have suffered.

Susannah Gough and Fanny Gough, sisters, were indicted for stealing a bottle of ale, two pork chops, three pounds of potatoes, and one peck of coals, the property of Thomas Strutt. The girl Fanny was seized on a Sunday with these things in her possession ; and the prosecutor conceiving them to be his, gave the other sister, his servant, into custody. Strutt said he knew the Potatoes to be his, because he had more like them ! Was certain the coals were 'his, but did not know upon what ground he founded his certainty, anti and would not swear to them. The bottle was his, if not the ale, because it was splashed with lime. He did not know how many bottles of ale he had, or whether one was missing butit must be his. The bottle might have been borrowed, and the ale bought. Recorder—" Do you mean to say, that by comparing two raw pork chops with part of a dressed loin, you can swear to them as part of that identical loin ?" Strutt—" I do." Recorder- " What valuation do you place on the articles you suppose you have lost 1" Strutt—" Let me see—(enumerating)—ale, fourpence ; coals, sixpence ; potatoes, twopence; and the chops—let me see—fourpence. One and four- pence, my Lord !" (Laughter.) Foreman—" My Lord we are quite satisfied." Recorder--." Then return your verdict." The Jury immediately acquitted the prisoners.

Thomas Brewer was convicted of having sent a letter to Mr. French, threatening to charge him with having committed an offence punishable with death, with the intention to extort money from him. He was sentenced to be transported for life. John Bolton was convicted of having stolen property of various kinds from his master, of the value of one hundred and twenty guineas. A van-load of the property, found on the prisoner's premises, was in the Court-yard to be produced against him. At the meeting of the Court on Wednesday, Mr. Hill again adverted to the case of the woman Roebuck, and asked the Recorder to liberate her, on her own recognizance. The Judge could not do this, but directed that she should be liberated on finding two sureties. The indictment against Jane Byrne having also been removed into the Court of King's Bench, she was like- wise ordered to find sureties.

The Recorder then passed sentence of death upon the following individuals: Charles Gootilad, and Bridget Sheridan, for robbing their masters in the dwelling-house; Richard Kennett, Thomas Birmingham, Joseph Redgard, and William Kelly for highway rubbery; David Daniels, for burglary; Wm. Richie, alias John Smith, for returning from transportation. Transportation for life, 3—Fourteen years, 13—Seven years, 47. A great number' were ordered to be imprisoned for various periods, from seven days to twelve months; and fifteen offenders to be privately whipped, and one for stealing publicans' pots, publicly. The instant the Judge left the Bench, this last sentence was carried into effect by the new executioner ; but although the punishment was severe, the prisoner on his return from the stocks laughed heartily : he has to tread the mill for three months to complete his sentence.

Fr cts.—On Monday evening„the premises of Mr. Jacobs, glass-manufacturer, Phamix-street, Seven Dials, were consumed by fire. This calamity was at- tended with the loss of life to a Mrs. Davis, nearly seventy years of age ; her body, except the head and shoulders, was burnt to a cinder. From the evi- dence of several of the witnesses on the inquest, a suspicion has arisen that the fire (the second on the same spot within four years) was not accidental. John Davis, the husband of the deceased, had purchased, about a fortnight be- fore for Mr. Jacobs, three pints of turpentine, which Jacobs spilt on the floor on Friday last, observing that he thought it was water. There had been no fire in the counting-house for six weeks previous to Monday ; and a few minutes before eleven on that night the house seemed to be safe. Esther Bayley, who resides opposite the house which was destroyed, said, that when the house was on fire, she observed the deceased at the window : a dreadful explosion took place from under her room, and a volume of flame burst forth, and the deceased then disappeared amongst the fire and smoke. The fire seemed to pro- ceed from brimstone and flaming balls of different colours. She saw a light in the counting-house at eight o'clock, and again between ten and eleven, which she considered an unusual circumstance. The force of the explosion burst every window in the counting-house, Several witnesses corroborated this testimony, and they also proved that the premises were insured to a large amount. The Jury found—" That the deceased, Mary Davis, was burnt to death at the fire at Mr Jacobs', which fire they are of opinion did not originate accidentally." Jacobs was immediately taken into custody, and locked up in the watch-house.

The Essex Herald gives details of three conflagrations of agricultural pro- perty, supposed to be the work of incendiaries, which took place last week in Essex and its vicinity. In one case the loss is estimated at 20001.; in another at 5001.

ROASTING AND RESUSCITATION.--A Highlander of the name of Donald belonging to Arran, was taken out of the sea some time ago apparently dead (being one of the crew of a fishing-boat upset near Bute,) and carried into Port Bannatyne, whore the rubbing system was put into practice with great vigour, the feet of the patient being placed close to a large peat fire, kindled as usual in the middle of the floor. At length, every person who could be got became completely tired of rubbing him, and it was generally agreed that life was certainly extinct ; but they thought it might be as well to keep the body before the fire for some time, that no chance might he lost. There, accordingly, the poor man lay ; but as he was not in a condition to complain, the people of the house never once adverted to the state of his extremities, which had been all the while exposed to the heat of the fire—until signs of animation began actually to declare themselves, at the distance of two or three hours. It was then discovered, to the great horror and astonishment of all parties, that the man's feet were literally roasted; and, however much the circumstance may have contributed to his restoration, there can be no doubt that he must be a cripple for life.—Glasgow Herald.

MURDERS.—On Saturday evening two men quarrelled at a public-house in- Manchester, when the one so fatally wounded the other with a knife, that he died soon after.

On Monday afternoon, the toll-collector at Waterloo Bridge found a deal box on the parapet, which, when opened, presented the corpse of a male child in a state of putrefaction.

Some time since, John Evans, charged with robbery, made his escape from Hereford Gaol, and soon after was known to have committed another rob- bery at Woodmington. He escaped pursuit till Friday, when he entered a public-house at Bishop's Castle, Shropshire, where, being recognised, he at- tempted to get astay towards the door. A young man laid hold of him, when Evans drew a pistol, and shot bins in the breast. The unfortunate youth died of the wound. The hardened murderer returned next morning in search of his pistol, which had dropped in the scuffle. He was not then seized, but was traced from place to place till Tuesday morning, when he was appre hended at Vowchurch Common, along with a companion named Wilson, Beth were placed in a cart, and taken to prison. PAueEiusaf.—The doors of the Mansion-house have for some days been so besieged with beggars, that the Lord Mayor found it necessary to apply to the Committee for the Houseless Poor upon the subject. The members of the Committee told his Lordship that there were so many paupers in the most wretched condition in the Asylum, that they were obliged to exercise much judgment in the selection of those who should be allowed to remain. It ap- pears also that the influx of Irish poor into this country is very great ; and many of the Spitalfields weavers have been compelled to seek refuge in the Asylum.

MunnEa.—Mary Jones was brought to Worship-street office on Thursday, charged with having killed a man named Riley. The deceased was a lodger in the house of Capper, who keeps a marine-store shop in Brick-lane, Spitat. fields, and against whom, it appears, some of his neighbours had an ill feeling, On Tuesday night a crowd gathered about the shop, and the windows were pelted with mud and stones, and one of the missiles thrown into the shop struck the deceased, who happened to be there at the time. The unfortunate man spoke after he received the blow, observing, that whoever threw that stone had killed him ; and he died in ten mi notes or a quarter of an hour afterwards. He accused the prisoner.

THE CATHOLIC QUESTION IN DOMESTIC LIFE.••••WilliaM Clay was on Thursday charged, at Queen-square office, with having assaulted his landlady. They were formerly the best of friends ; but they had been used of late to dispute about the Catholic question: the woman being a violent Anti-Catholic, endeavoured to convert her lodger, who was equally zealous on the other side. In one of their disputes, the angry landlady snatched William's book from his hand, and capsized the table ; and, in defence of his own opinions, he gave her a " rap or so." It was arranged that he should leave his Anti-Catholic landlady's house, and argue with her no more. SWINDLING.—A lady, who gave her name as Mary Eliza Wilmot, was on Wednesday charged at Marylebone with having obtained goods from several tradesmen, and afterwards making her escape with them. She was appre- hended at Dover, while about to embark for France, along with a young gen- tleman named Titchbourne. They had seventeen trunks, portmanteaus, and leather cases, along with them; containing, among other things, the goods, of which she had fraudulently possessed herself. The Magistrate said her crime amounted to felony, and she must be sent to prison. Mrs. Wilmot replied—" Very well, Sir," and tearing two portraits from her bosom, she requested Mr. Rawlinson to take care of them and her reticule, which con- tained a larger one, at full length, of herself, and other property. Though there was no charge againstTitchbourne, he wished to be sent to prison to bear her company. He said that he was under peculiar obligations to time lady, in consequence of her kindness to his mother on her death-bed, and it was his minty to render her every service. The 'Magistrate refused to commit him, but required bail for his appearance. THEFT.—John Price, a tailor from Yorkshire, while lingering about St. Paul's Churchyard on Monday, stole a Banbury cake, value three half-pence ; amid, for so doing, was taken to the 'M: nsionhouse, before Sir .loin Perring. The poor tailor said he had been driven to steal the cake from slicer hunger; and Sir John decided that he should be committed for trial. The expense of prosecuting this three-halfpenny felony will be about forty shillings to the county. Ptsereas.—Ann Stephenson, the wife of a Serjeant in time Guards, came to Queen-square office .on Wednesday, and stated that as she was returning home about half-past six on the previous evening, she was accosted by a fel- low at the lower end of Crown-street, who placed a pitch plaster seer her face, while another man fastened a rope round one of her arms, and en dea- soured to secure the other. She, however, succeeded in tearing the plaster from her mouth, and called for assistance. The ruffians then ran away. Her arms were much injured by the cords, and from the terror she had been un- well since. In answer to a question put by Mr. Marriott, ti a woman said she had seen the man before ; he wore mustachios, and appeared to be a female. A warrant was issued for the apprehension of the ot:ender.

Official orders were issued on Tuesday from the Excise Office, Dublin, that all persons in the Revenue service will be visited with a severe mark of the Board's displeasure, if in future they attend or subscribe to any political meeting whatever.

DEATH OF BISHOP JAMES.—The Lord Bishop of Calcutta died on the 22nd of August, on board the Company's ship Marquis of Huntly, on her voyage from Penang to Calcutta. Mrs. James and her iufant were on board at the time.

THE LATE EARL OF BRIDGWATER.-.-This nobleman is reported to have left 150,0001. to the British Museum, for a comparatively futile and useless purpose, viz. the formation and conservation of a collection of autographs. F6EASON IN Does.—One of the most singular approximations to reason that I ever heard of in the animal world, happened in the case of a Newfound- land dog that belonged to a gentleman whom I once knew. The dog was large and docile, and, generally speaking, good-natured. About noon every day he was sent to a village, about a mile distant, for bread, which was tied in a towel; and the dog carrying the parcel by the knot, always delivered it very carefully, and had his dinner when his task was completed. One day he returned dirty, with his ears scratched and bleeding, and was sulky ; but he delivered his charge with the same safety as ever. When the servants went to give him his dinner, they found that he had loft the house, and was making across the fields for a farm that was on the brow of a hill about a mile distant. There was a mastiff at the farm, with which he had had disputes be- fore, and they concluded that he had gone there with a hostile intention. When he came to the farm, the mastiff and he conversed as dogs do for seine minutes; and then they set out for a mill about a mile distant in another di- rection, at which there was a large bull dog, not, generally speaking, a friend to either. They conversed in the former manner with the bull dog; after which the three set off in company, and avoiding the house of the first one's master, which they would have had to pass had they taken the nearest road, they ar- rived at the village. The village curs began to yelp and snarl; at which the three powerful confederates were roused, and proceeded to kill every cur as they went along, their manner being so ferocious that none of the villagers would approach them. When they had completed the massacre, they went and washed themselves in a ditch ; after which they went straight to their homes, and quarrelled as before, the very next time that two of them met. The curs had set upon the Newfoundland dog when Ise was in charge of the parcel, and his instinct of fidelity overcame for the time his instinct of rri venge, though the latter was left to act as soon as the former was at an end.— Conversations on Intellectual Philosophy.

Persons that could sign Persons that did sign Excess of the zealous over the possible 3,360

THE BRISTOL PgerrioN.—There are some particulars in this petition which it may not be amiss to notice, as they exhibit a curious specimen of the zeal of the Anti-Catholic party in getting up these documents. By the population returns of 1821, the whole male population of Bristol, including the hundred of Barton Regis, amounted to 38,702 ; of these 15,650 were under fifteen years of age ; and 1,700 persons, all notoriously adults, signed the counter petition. The Anti-Catholic petition bears to be signed by 24,712. The amount therefore stands thus:— Total males

Under fifteen

Counter-petition • •

88,702 15,650 1,700 17,350 • 21,352 • 24,712

It is true, that since 1821 the population may have increased, but it is equally true, that many individuals that intended to sign the counter-petition, could not do so, by reason of the violence of their opponents and the briefness of the period ; • and it is wholly incredible that every one sick, aged, bedrid, or dying, should sign either. We think these deductions a fair set-off against any probable increase of population. And supposing only twenty-one thou- sand signatures to be attached to such a document, it is quite evident some three or four thousand must be fictitious, for the plain reason, that there are three or four thousand out of every twenty thousand labouring men in England who cannot sign their names. There is thus one-eighth at least to be de- ducted for "non-existents and impossibles," and one-seventh for signatures of persons who cannot write, to use an Iricism, in treating an Irish subject. The additional 14,N0 names that appear on thig petition have been procured by a rather whimsical process. Every parish round Bristol has its separate petition, and yet not content with this, every man who signs the parish peti- tion signs the general petition also ! The real facts of the case, we believe to be nearly as follows :—out of 20,000 men, belonging to Bristol, who can write, or who can hold the end of a pen while others write, fifteen thousand arc against concession ; of the remaining five thousand, two thousand are zealous for concession, and three thousand will not oppose it. The Bristolians ought to have been content with three to one in their favour ; the burning zeal of their Committee-men has only tended to make that ridiculous which would otherwise have been respectable.

POWER OF THE POPE—A correspondent, "thinking that it illustrates matters of present interest,"•takes the trouble to transcribe for us, an authentic instrument of excommunication, by a certain Pope, the proprietor of some alum-works, one of whose workmen left the works, came to England, and revealed the secrets of his craft. The following thundering denunciation was sent after him :-

" By the authority of God Almighty, Father, Son, and Holy Ghost, and of the Holy Canons, and of the immaculate Virgin Mary, the soother and patroness of our Saviour, and of all the celestial virtues, angels, archangels, thrones, dominions, powers, cherubims and seraphims ; and of all the holy patriarchs and prophets ; and of all the apostles and evangelists ; and of the holy innocents, who, in the sight of the Holy Lamb, are found worthy to sing the new song ; of the holy martyrs and holy confessors ; and of the holy virgins, and of all the saints, together with all the holy elect of God,—we excommunicate and anathematize this thief, or this malefactor; and from the thresholds of the holy church of Almighty God, we sequester him, that he may be tormented, disposed, and delivered over with Dathan and Abimm, and with those who say unto the Lord God, Depart from us, for we desire not the knowledge of thy ways ; and as fire is quenched with water, so let his light be put out for ever, unless he shall repent and make satisfaction. Amen. May God the Father, who created him, curse him. May God the Son, who suffered for us, curse him. May the Holy Ghost, who was given to us in baptism, curse him. May the Holy Cross, which Christ for our salvation triumphantly ascended, curse hint. May the doly and Eternal Virgin Mary curse him. May St. Michael, the advo- cate of holy souls, curse him. May St. John, the chief forerunner and bap- tist of Christ, curse him. May St. Peter, St. Paul, and St. Andrew, and all the other apostles of Christ, together with the rest of his disciples and the four evangelists, curso him. May the holy and wonderful com- pany of martyrs and confessors, who by their holy works are found pleas- ing to God, curse hint. May the holy choir of the holy virgins, who, for the honour of Christ, have despised the things of this world, curse him. May all the saints, who, from the beginning of the world, to ever- lasting ages, are found to be the beloved of God, curse him. May the heaven and earth, and all things therein remaining, curse him. May he be cursed wherever he may be, whether in the house, or in the field, in the high- way or in the path, in the wood or in the water, or in the church. May he be cursed in living, in dying, in eating, in drinking, iu being hungry, in being thirsty, in fasting, in sleeping. in slumbering, in waking, in walking, in stand- ing, in sitting, in lying, in working, in resting, [some words must be omitted as too gross] and in blood-letting. May he be cursed in all the powers of

his body. May he be cursed within and without. May he be cursed in the hair of his head. May he be cursed in his brain. May he be cursed in the crown of his head, in his temples, in his forehead, in his ears, in his eyebrows, in his cheeks, in his jawbones, in his nostrils, in his fore teeth, and grinders, in his lips, in his throat, in his shoulders, in his wrists, in his arms, in his hands, in his breast, and in all the interior parts of his very stomach, in his reins, in his groin, in his thighs " " in his hips, in his knees, in his legs, in his feet, in his joints, and in his nails. May lie be cursed in the

whole structure of his members. From the crown of his head, to the sole of his foot, may there be no soundness in him. May the Son of the living God, with all the glory of his Majesty, curse him. And may heaven, and all the powers that move therein, rise against him to damn him, unless he repent and make full satisfaction. Amen, Amen, Amen."

The subscription for repairing the damage caused by the fire at York Min- ster, already amounts to nearly 10,0001.

Richard. Carlile took the oath on Wednesday, and acted as foreman of the Jury in the Court of Common Pleas.