Guildford, Monday, Aug. 2...
E?lizabethi Foltiidl W3as indicted for feloniously stealing a gold band, ia gilt clasp, and several other articles, the proplerty of Captain En"s Sniith. It appearel, from the evidence of Captaini Smith and his lady, Mrs. Jemima Smith, that they were proprietors of a lhouse at Rich- mond, wihich they let about four years since to Lady;Jane Montgo- mery; and AMrs. Smllith locketl up in a nartioular room a riantitvoft wearing-apparel and trinikets, to the value of one htindred and fifty pounds. The house was subsequently let to a Mr. Fuzltsn in whose lamily the prisener was a maid-servan.t, andt on the term of two years being expired, the house came back inta the possession of Mr. Snmith. It was then found thlat the roomu where the property had been, Yvis broken open, andl all of it taken awa.v Suspicion iimeliatelv fell UpOl. the prisoner, who had been left in care of the house for a short timfe by IMr. Fulton, and on searcinig lier trunk a part of thie property, consastina: of lace, lace- veils, and silk dresses, was foundl, and pawnbrokers' duplicates fsr several other articles. These were produced, and;l identiHed by Mr. Smitl. Tbe evidence was strengthiened by th.e testimonv of a matid- servant, who had seen one of the silk dresses on the prisoner, and who remarked that it (il not fit her well. The priorier said in her dfefence that tiie lace wa.s the legacy of an aun', and that several other articles were given her in families Whe re she had lived as servant. The jury foundl the prisoner (Gil/y, and sentence of seven years tranigportation was inst.ntly passed. Rlizabhrh Sesnwa s indicted for stealing six sovereigns, the pro- perty of M1oses Jacob. ft appeared that the prosecutor hald been in the habit of sleepinz sean inn At lVsltan-upozi-Thames ; and being always accuRtomed to sleep in a eaeticular roo n, went on the nighit i; question to it, but found it I ;eked andl halving knockedt vi-.lently discoveredl that it *ac in tie possession of th: prisoner. H e then re- tiredi to another apartment, nd having gone to rest was awoke about two in the morning, by the prisoner coming ints his room, and somehowv or other his six sovereigns were missing next usorning. Th;is was the case of Mr. .lacob, wose cvidence was given in a careless smiling manner, which called forthi the notice of tile Court more than once. The prisoner did not retain counsel, but iL was insinuated that the prosecutor and the prisoner had been on very good terms, ivhich both denied; but the prisoner roundlly charged *lr. Jacobs with htavingn made the attempt, and broke into lier room. The following is a sketch of the eximiniation :- Prisoner.-.Hoow came vonl, Me. Jacobs, tn sneak into my roomn ? Mr. .Jacobs._No, I diidl not ; I opened the latel, and the staple came out of itsel-. Prisoner.-Yott know vout broke into it violently. iMr. Jscobs.._.0-h no. by% no means, I was verv tenperate. By the CoU IT.-WVill you ssvear yoe were not going in for an improper purpose? Mr. Jacobsb._On my orilh I wast not. Pri,oner.-You kno v, Mr. Jacobs, it is not thie first time you have been after me. Mr. Jacobs.-Never, indeed ; Oh, tio. Prisoner.-You tlid, Mr. Jaco!bs; VOII came with a bad in tenit, and said you came thrl rih vyur sister' roorn. IBy the COUttT.-Did yo6u spe.tk to hier, whien you went to hier room ? dIr. iacobs.XNo, I went to the roomn beca.a,se I had oftet- slept thaere. Prisoner._I,nok in my face as I look at you, and say so. dIr. .Jaeob.-I had no'connexioni with yY)u te701eaOtC7v,. Theconstable said the prisoner altways told the samestory, ande prodUced the staple, which was evidenly wrenched by force from the door. ifr. I AW, who was retained for t]-e prosecution, said, " This is a caqe lean carry no farther," and thre cvl*own hi.s brief; ar lthiJury, underthedirection of tielearned Judge, instantly acquittedl the prison er. Civil. StDn._RBr'f0rC ;lTr. RerangnG 0AtIAM. rticas V. co,rs oWRTHe Tthis was an action on the cat e azainst the defendant for tihe neg- ligenceof his servanits in leaving; a hole onen in tile public hi4hway, in the Borough-road,whereby the plaintiff fell in, and was greatly in. jurecd. The plaintiff' as a& publican, living in Blackfriars-road, and thc defendlant a rmaster-bricklayer, employed by the Commissioners of Sewers for Surrey in renairing the sewers in St. (ieocge's-fields. In the evening of the !th of .January last. the plaintiff, who is a luCty man, was returnitig home in a rig- with a friend named ilsoiin ; and on goitng through the r3orough-roadl, near the Obelisk in St. George's-fields, where tiie main sewer had been opened, for the purpose of being repaired, he fell inito the hole, and his friend and harse atter him, leaving the gig on the bank. He was hurt considerably in the fiall: a gash of several inches in length was made in the scalp of his head, and he was taken it) in a state of insensibility. His chest rvas also injured, and for four wreks he was confined to hit b-d, 1i t quence of the injuries he received, from the effects of whichl he wvas stated rot to have Y-t recovcred. No less than seven witnesses, in- cluoiing tlr. lWrilsoni, deposed so\emnly that at the place where th.c plaintiff fell into the sewer, there ivas no railing or other protection againstaccidents. At eacih end of the excavation, and on the oppo- site sile, scaffolding poles had been Placed. btut the spot in questioin was wholly unprotected. A lantern which affirded but a dim light had been placed st one corner of the excavation. The gas-lights at the Ohelisk gave a considerable ligh-, but not sufficient to enable a traveller to avoid the danger which happened to the plaintiff. Mr. IVil- son swore positively that the plaintiffand hiimself wereperfect}v sober, alitloutgh they had partaken of three glasses of brandy and water that evenintg with a publican. afriend of the plaintiff. After seeing his friend home, he etturned to the spot, anil heard a mar. named Hughes, the toreman of the wvorks, say to Sullivarn, a watchman, in the employ. inent of the defendant, " I can't hc cverywherc, d-n ynur t-d ; why not have the lights up ?" After thc accident, precautions were taken to prevent farther utischief, by p, tting up a rail at the spet. andi stationing a watchman with a light to warn the unwary pas- senger. These_were the principal circumr,tances proved in support of the plaintiff's case, cen behalf of whom considlerable hamnages vere claimed at the hands of the Jurv. Samiiel Hughes, Daniel Sullivan, ,John Garvey, .Jhn llalionv, .John Mounsey, servants employed under the defendanit, andlJescph Sherfrold, attd Henry Ruttle,, patroles employed by te Trusteesof thc New Sttrrey-road, were then called ; and they severally proved, that on the night in qtites:ion, thc excavation where the accident hiappened had been railed in on all sides, so as to prevent accidents, and that at thie side where the plaintiff fell into the sewer, a moulnti of earth, four fecthieb at least, hail been thrown up, at the top of which was a lone seaffoliing pole, fastened at one enil to a cross-bar at the east enrd of the excavation, and the otlier stuck into the Carth co au to4 prevent accidents. It was sworn byseveral of these witnesses that ,Mr. Wilsoni was Irunk * that before the accident happiened, the gig was going at It furious rate ; that the plaint:ff and his companion sere loudly called to, before they approached the sewer, batt instea(l of stopping, the horse was flogged, anil that the accieient happened in coneilttience of the horse being driven over the an0k, whicth prevented the gig frotia being also draggedI into the hole. The witnest iI Huhee denied that he reproached aullivan for not hav- ing lights up. In the opinion of all the witnesses, the accident hap. penedl from the negligent dtiving of the plaintiff, and that it could not have occurred if lie was driving with ordinary care. Tr. Baron GOtr ASt sunamed up the evidence for the jury, ar.d left them to determine to what case the accident was attributable. The iury found t eir verdict for the plaintiff-DamageF 12?S. GUILDFORD, ,M ONDAY. ATrcG. 23.