Glocester, Tuesday, Augus...
Be,/ore-r. OWLZtce LA TX LEDALE. The trial of Gardener, on the 8econd Sndictment for robbery, was postponedtati aRer the trial of the-remaining offences. WWXim )fauflkn* was indicted for ahighway robbery on William Becevee at TewkesburV. fiJrSTlc openA the case al one attended with Circmstances of noc4iidm nnolfOlerewand darlng. w?imlim Aesea ibe ?r *utor l A,bluring zRnpn g4vc the fol. lowing account of the tralsaction :-On the 14th of this month I came to Tewkesbury,'with William Ritcbings. We put up ata Ipublic-house caLled the Farriers' Aags. There we each had bceer. Iand each chianged apound-note. Aboutl11o'clock in the evening] went into the Btreet, to get Borne beef' for supper, and lhad walkedf 2i oath asked " wlat I had to Bay now ?" and, in, the same instant, -knocleed me dlown !o the ground. I rose and 'said, "1H-onest friend1 thou hast miale a great mistake ; I am luSt codre into the towni.'l With a dreadful oath, he swore iffl would nrot give him all that I hiad. ho would cut my throatL Ile thien seized mny collar ; I said, 1 Hlo- nest friend, I have got only the smiall sumii of half' a crown, thou art welcome to that, if thou wilt not hurt me," and I gave him thE hialf-crown. I was now surrounded by a dozen men, when a younip man about three yards off, called out with an oath, " Kill him,Jif he does not give us m-ore."1 said, "1That is all I hiave got." He an. swered, " o r a liar; I saw you and your comnrade change note ec in the public house ,iuat niow." I said, "1 My fr-iend, it was my comrade's money that I changed; If 'you will go whirl me into the bar, I will borrow hulf a crown and give you." I was frightened, anid Mid thisin hope to getaway. Thenmistressof thepab. lic hiouse came out, seized hold of me, and'begged me to come in, or I should he killed anongst them. I tsurned(round, cauglithold of Haw- kins, ard askted the landllady if' she knew kim ? She.replied that shie dtid. I went iu, and passed Riscibings;, wh-lo was running in a con- trary direction, wvhile all the party were followring nie. I called to Rithins t ru in ad wnt ntotir nssage of the inn with the lanlad, wen wa flloed n to o tree minutes bylRitchings. Thenex monin, Iwen wih acontabe to the house of William Hawkns' faher ntithee sa hi inbedl. As soon as I sawv his fac, Isai, "i'i swar o yu."He ose, and went, to a magiw rate. Cros.exmine.-Te ma wh colared mec was sober. TIherc were twet ortit e n the gang, and others in tIle street. Tlomas Wodadsi,about eleven o'clock lie was in tlte Wtee! of Tewkesbry ndsa awkins and several others run up in Reeves and uru~hm and hieard tireni cry. withi an oath, "Serve him u. AMrs. Hannah Aloore, the landlady of the Farriers' Arms corro- borated tire statement of the prOSecuItor as to the person o4 Hiaw. kins whom she saw Iriirf seize. Thre prioer dleclined saying any thing its his defence, Mr. Jusotice LITTLEDlALE read over the evidence, and left the case to the jury. The juiry returned a verdictof Ar0t Guilty, whilch excited consider, able surprise in court, and nome applause In the gallery. The prisoner was thien put on hils trial on an indictment cbarging him with a robbery on Ritchings, the conspaLnion of tlte prosecutol in the last case, on the same evening. Ititchings, being called, stated that having left tlre puiblic-house to assist Iiris companion, he was knocked down and robbed of hiE pocket-book, containing several articles and, some money in siliver, The evidlence of' the identity o,' the prisoner with the man wlro com- mitted the robbery was miuch weaker thair in the preceding case; but Ritchings positively swore to him as the man who knocked him down. M1r.JtrsTrcy, then prfoposed ta give evidence of' a confession. It appeared that thie gaoler hield out some induicement tc the prisonier tC itell his, story b e t,Jd it ; ard, In consequence of his communica- to , ritemgistra te andl his clerk went to the prison to take list stateiment in writing. Befbre the magistrate took it, he c-autionedl Iiim that he could extend no mercy ; but the prisoner repeated his statement ; and, after it hadl beeii reduced into writing, signed it. No allusion, however, was made to the previous conver'sation withi the gaoler. ilfr. Jttstice L7TTLEDALE tltouglrt, that under ttitese circum- stances, the confession could not be received in evidence. Iti thiere- fore was not read. The learned JVDGE9 then summed up the case at considerable length, des5iring the jury to dlismiss froim tlieir minds all they ltad hleard in th cprevious trial. The Jury, after consulting a few mintites6, saidI they were agreed and one of them then saidt, "GCuilty of knocking rthe man down, but not of' taking the mroney." Air. Justice LITTLEDALE explained, that they must give a ge- neral verdlict of-guilty, or not guilty. One or two off the jur5v then said " Guilty," but a third said " Not so; we lhave not agreed. They 'werc t1ien dlirected to confer again, andI aft'er just speakinig to Learl otller, tdelivereid, by their foremnan, a general verdict of' Guilty. Mr. Justice LITTLEDALE ordered sentence of death to be re- cordecl against the prisoner ; and, after expressitlg hiis concur- rence in tile verdict, informed him that lie 1r0,ist not expect mercy on any less grievouts condlition thiant transportation for life. All the other cases being disposed of, Gardrurier was again placed at the bar, charged witi puttitlg 'sVilliam Hoidges in fear and( dlanger of his life, and taking fromi biin, against his will, a coat and 11. note, on the 13th of' Juily last. Dir. Twiss opened the case for the prosecution. In so'doing he refrained frons introducing any tliing whiich took place ,sn the 12thi of July, except the mere fires that thie prisoner then made a charge wlriclhle repeated on the l3th ; because, of' tIre robbery alleged on Willim Heges as thn caled an, ad after giving the same ac- cout o Irs ocuptio an reidece hichi lie gave yesterday, pro- ceedd tosayI wa inmy prlou onTuesay,the 13thl of July, wriingnotces A noc wa herd t te dor;my wife answered it; nd alle me Whn I ameto he dor,I sw the prisoner at thie gate. He beckoned me to come towri bn,anti I went, lay wife having gone up stairs. He said to me ratiler loudly, "1 If'yo'u don't give ine a ?1 note and a coat, I'll mnake a charge .aga i ns t y ou to your wife." I wenit up stairs all of a tremble, leaving the prisonier in, the street. Whsen I went up stairs, I opened one of my drawers, and took out a ?1 note and a coat, and brought them dlown to him. Neither of us said any thing about the possibility of being over- heardl. No one was passitig, and I gave thte note and tIle coat to Cthe prisoner. HeI wenit ofF with them directly. I was alarmed, and pa~rted withi nrv property iinler afear tlat lie wouldl."rose me to my wifec. I was en much. affectedl, that I rem-ained in the house the whiole dlay. TIre next day I laidt an information before a magistrate. Cross-examined..-.T his transaction arose out of what tookc place thenightlbefore. I waLswithi the prisoner thren,aftercollecting the rates. I had nottol(i whiat took place the nigKt beforetoany body. Alyhousecis in Middle-street, Stroud. I was very much surprised at the prisoner's coming, but never told miy wife. I liad not asked him to come- never. On my oath, I never asked him the d.ry before, or pro- mised to give Ihim a coat, or 11., or 21. He camie about niine in the morning, in thte face of day. I have tol(i all that took place that morninig between nmeand the prisoner. When he spoke, I gave him no ansrwer ; I did not even desire him to speak lower. I decidied at once to fetch the note anti the coat : having never said arxy thutrig to biun about suech things, I was surprised he sirould fix on) a coat. I did tell him I would go for the note and coat; f,,r I feared he wouild alarm the place and my wvife, whio, if'she looked out at the windosv, might have lbear(i him. Alv first account is the trite account. I turnedl round, and said nothingt to hiim; but weirt a.t first un) stairs. I was so alarmned that I could not tell exactly what passed. I ex- pressed alarm to no one. ily wife didI not take notice of inc. till I cam-e down stairs. She was in the room from which I brouglss, the coat ; but she did not splick to me. I did trot tell hier tire coat was worth l0s., or to wiroins I was going to give it. I did not desire her to go oh) stairs, or lock tIre door at the foot of the stairs. When I gave tIre coat, I didl not tell the prisoner I liroped he would hold liia toge. I am- sure I could not speak to hiim I was so sirucli alred. The prisoner did not follow me into t'e house, Ilie was as wliite as deathi-he said nothinig. I gave hifi no beer. On re-examination, tire witness being asked how he came to siay that lire told the prisoner he wass going to fetch tue coat and note, said he could not tell, H4e was not afratid of an alarm if lie rave what was asked, but was only afraid if he refused. He bad been to his brotier before he went to a magistrate. Mlrs. Mlary Hodlges, the wifec of the prosecu tor, saiul-I have been married eight years. On the 13th of' July, abouit nine o'clock in the morning, I heard a knock, and went to the door, wlrere I saw the prisoner. He a,sked f'or my husband, who was in the parlour. I called Iiim, and went up stairs. Afterwards, my, husband came into the room wlrere I was miaking thle bed. He pulledI open a drawer and took out a coat. I did not notice whetlher he tookc any thing else. He took the coat down stairs. I saw the prisonier through the case- mHent window go away witli somethiing under his arm. Mfr. JmTsrTICx declined asking this witness any questions. IiIr. TwTss said this was tire case for the prosecuztion. The prison,er was their called on for his defence. TiwIrsssaid it was fair to caution the prisoner, that if he err- tered into the transaction of' tic precedinig evening, he must c-all witnesses; to show what that transaction was. Alr. JustiCe LItTTLEflALE, sAtfe some discussion, expressed his opinion that witnesses could not be callecl to disprove a triere 8tate- bment;, but that if evidence was gi,4en on any point, witnesses might h a cled in reply. The prisoner then shortly repeated his defence of yesterrlay and added that the prosecutor then promised him a hat, a coat, and 21. to holdl Iris tongue. TIie next day he went tto claimn his promise the prosecutor wasi playing with his dog; hut he went in, and brought the coat aind 11., excusing himself for not geivng moe Att this tunie, Itie wife was washiingr up tea-things in tirekthn He plut tire pouind noteon iretabe; he risnerrefsedto take it: lire forced it into Iri poket te pisoer oo itoti,,and laid it on the table; but Hodes gai ptt t i hi pcke, atitold him to take it, " for he coud d hi a rea imjur;" nd lsoput silver in hits hand. Tute sivrhawway othv;bu eto the note aird coat, and wvent Jatass Slade, a lad of Li5 or 10, was then called, and examIlned by Mr. Jusitcs.~.-He said, I was at the Rose Inn, Pagan-hill, o' Monday, the 12thi of' July last. I wetrit flor a pot of beer for my fk- tier's supr - o yber, and went along tire passage next to thue beck parlotur. I IrearTdtalking in, that room, and listened tltrougirttir key-hole. f beardl motley chink, soil Mr. Hodges say, " I will give you all the riuiner I have now, and 21. mTore, a cost, and hat, if you will come to MY I Ouse to-Morrow." I tilen wenit away with tlhe beer for tuy father. Cross-exainined...I. was here yesterday whien this man wAs tried, but was not in couirt. I was walking about with Gardener's brother. I was, not called to gilve evidlence yesterrlav. It was not in cease. qoietree of any tiring I heard Gardener say- that I peeped, through the kev-hole. I'liad not then sects hini. I peeped because I lreard a noise of talking loudi in the room. I stood more than live Minuttes At the door. I hadl heard nothing aboirt H odres or Gardenier tnat ev'en- ing, hut somne one had tolti me they were in tlire room-it was Ed- wvard Sadler, the watr He ies n6t here. I siaw no one elae peep- ing-not a man niamet ihls I put doen ttire porter while I lis- tened. i toi John isnwa I heGrd. Sadler told me it was they, after had headtrm The prroner, as yesterday, receivedi an excelent chuacter from several witnesses. AMr. Justice LITTLEDALE sumnerred up the ei4e, requesting tIre juiry to dismiss from their nrinds all they hinight liave heard of the preceding trial, and attend to the evidenc alone. rhe jury without hesitation returned la vedict of ANot Guildt. With this trial, wliceh lasted sill 8 o'clock, the assizes and tba T,iiOVESTERR. TuESDAYR AUGTUST 30.