gage deed of Garner's premises at Birkenhead, and this deed was regularly executed by Garner. The deed was afterwards sent by the prisoner to Mr. Manifold, who paid the sum of 350l. to Garner. Mr. Manifold, thinking that all was right, did not for some time look into the parcel which contained the mortgage deed, but, when at length he did examine it, he found to his great surprise that the title-deeds, which ought to have accompanied the mortgagedeed, were missing. In consequence, an application was made to the prisoner, who declared that there was some mistake, and that the title-deeds must have been accidentally mislaid. His office was searched, but no title-deeds were found. The prisoner then suggested, that, as the title-deeds were lost, they should get Mr. Povall, of whom Garner had purchased the property, to make a new conveyance to Mr. Manifold. This was accordingly agreed to, and Mr. Povall made a new conveyance. Considerable expense was thereby occasioned, but the prisoner proposed to bear that himself, as it was through him that the deeds had been lost. The prisoner and Garner covenanted by a separate deed to make diligent search for the lost deeds, and in case they were found, to deliver them into the custody of Manifold. The prisoner read a written defence. He began by stating, that notwithstanding the able assistance afforded him by his counsel, he should avail himself of the opportunity allowed him by law to address the jury. He called their attention to the circumstance, that it was not until a late act of parliament, that a person, whose name was alleged to be forged, was allow

ed to give evidence of the forgery. He begged them to be cautious how they received the testimony of Garner. Were there not some inconsistencies in the evidence? Why should he expose himself to the observation of two witnesses, when one only would have been sufficient? Let them also consider his situation and character, at the moment when he was accused of having committed this crime. He was in a very prosperous practice, and had no necessity to have recourse to the measure imputed to him.

His behaviour, since the charge had been made, ought also to be considered. He could have fled. He could have turned his property into money, and got away. Yet he had made no attempt to do, even when threatened by the letters of Mr. M'Clelland. He had a wife and four children dependent upon him (the prisoner here became greatly affected), who, in case he were found guilty, would not only be deprived of his assistance, but would also be weighed down by the infamy which must in consequence be attached to his name. He had depended upon the witnesses called against him; but their evidence had disappointed him, and he therefore threw himself upon the mercy of the Court, and the impartial consideration of the jury. Mr. Justice Bayley summed up the case. The foreman of the jury requested that they might see the real signature of Mr. Garner, in order that they might compare it with the signature alleged to have been forged. Mr. Justice Bayley desired Mr. Garner to write his name on a piece of paper in the manner in which he usually signed it. He did; and the signature, together

with the deed, were handed to the jury. The jury then retired, and, after a deliberation of about a quarter of an hour, returned into court, and gave a verdict of Guilty, strongly recommending the prisoner to mer

cy.

16. ATTEMPT TO MURDER. DORCHESTER.-William Kennedy, aged 19, a private in the 5th Dragoon Guards, was indicted for shoot ing at the rev. H. Willoughby, on the night of the 29th of November last, with intent to murder him; and in other counts he was charged with shooting, with intent to disable the prosecutor, or do him some grievous bodily harm.

The rev. Henry Phillip Willoughby, a young man about twenty-five years of age, examined. -I reside at Dorchester, and was at Weymouth on the 28th of November last. I returned about half-past eight at night, on horseback it was a grey horse. When I arrived at Ridgeway-hill, about five miles and a half from Weymouth, I perceived a man walking on the left hand side of the road. When I came up to him, he stepped forward, and without uttering a word, shot me. My body was inclined towards him at the time, and I could see from the flash of the powder that he wore the dress of a soldier; he had on a red jacket with a dark collar. The light was so momentary I could not discover his countenance, but I perceived that the instrument he held in his hand had a great deal of brass on it. I felt myself wounded, and, upon the shot being fired, the horse became very much terrified, plunged, and set off at full speed for Dorchester, and I must have arrived there in a quarter of an hour. It was then about a quarter before ten. I was examin

ed before Mr. Wollaston, and was in a very weak state at the time. The Magnet coach passed me a little outside Weymouth. I can't swear whether the instrument was a carbine or a pistol: the night was dark, and I was very much exhausted.-Mary Purchase: I was in company with the prisoner on the night of the 28th of November, about eight o'clock, or a little after. I heard the barrack trumpet sound at seven. I asked him, if he was going to the stables. He said he was not going until four in the morning, as he had a pass until that hour.-Mr. Devenish: I live at Weymouth, and I was travelling by the Magnet coach on the night of the 28th of November; I was on the box; the coach had lamps. When we got to Monckton-hill, about two miles and a half from Dorchester, about nine o'clock, I observed a person, in the dress of a soldier of the fifth dragoons, standing at the bottom of the hill. A part of that regiment is stationed at Weymouth, and I had remarked the uniform before. What struck me particularly in the person I observed was the yellow stripe down the side of the trousers. The coach arrived at Weymouth a little before ten. The lamps of the Magnet gave me an opportunity of seeing the dress of the person on the road. I passed a person on horseback near the turnpike-gate at Weymouth. It was a grey horse he rode.-Michael Tyning: I am sergeant-major of the fifth dragoons, and belong to the detachment at Weymouth. I remember the roll being called over about half-past eleven on the night of the 28th of November. I was called up for that purpose. There was one man missing, named William Rooth. 1 searched for him, and found him at

Weymouth. He had not leave to go out that night. The barrackwall is very low, and the men can get over. I found the man at a house of ill fame with a girl. - Lieutenant and adjutant John Griffin, of the fifth dragoon guards: The prisoner is a soldier in that regiment, and is in captain Hunter's troop. I remember his showing me a pass about six o'clock in the evening on the 28th of November. On the night of that day an application was made to me by the last witness, about twenty minutes after ten. He told me the rev. Mr. Willoughby had been shot by a soldier, and, in consequence of that, I had the roll called; all the men were there but the prisoner. I went round to all the rooms. My attention was afterwards directed to the armoury, and, on searching there, I missed the prisoner's pistol. According to the regimental practice, ten rounds of ball-cartiidge are allowed to each man; but five rounds of the prisoner's ammunition were missing, and the powder of the other five rounds. Directions were given to place men inside the barrack wall which divides the barrack from Mr. Henning's strawyard, to prevent any one coming in by that way. The prisoner came in through the gate at halfpast eleven at night. He was perfectly sober. By a regimental order, no man can pass the gate to go into town without wearing his sword. The prisoner could not have gone without it. When he came back, he had it on. Every man ought to be in the barracks at nine o'clock, unless he has a pass. I searched the prisoner, but found nothing on him. He was asked by me, where his pistol was. He seemed astonished, and said he knew nothing

at all about it; but he thought it was on the arm-rack in his room. The arms are inspected once a week, for the purpose of being kept in order; and it is expected that the men should keep their arms clean. The men are allowed to leave the stables at eight, and must return at nine o'clock. The arms of each man are not locked up, but placed on numbered pegs, to which every man may have access. The prisoner gave me the pass when he came, and did not appear agitated. Serjeant John Cahusac inspected the arms on the morning of the 28th of November, and saw the prisoner's pistol on the rack in the armoury.-Richard Amy: I was a watchman in Dorchester on the night of the 28th of November last. About half-past ten that night I saw the prisoner passing through the Market-place, under the arch. I had heard of a gen

tleman being shot that night. I said to the prisoner (taking hold of him), "you are doing wrong, soldier, by being out of barracks at such a time," and that it was after hours, and the roll was going to be called. I added, that a most serious accident had happened, and that I had heard that a person had been shot. I had no lantern at the time, when I spoke to the prisoner. He produced a pass. I also observed that he had something in his hand. It looked like a pair of trousers rolled up. He had not his sword on at the time. I saw the prisoner on the following morning at the barracks, and pointed him out from a number of soldiers. There was another watchman with me, and he was about sixty yards off, when I took the prisoner by the arm.-Mr. Thomas Combes : 1 am clerk to the magistrates of Dorchester. I was present at the

Dorchester. She saw a soldier pass through the kitchen with a woman on the night in question; but she did not recollect his features. Mary Purchase is the woman who was with him. It was between seven and eight o'clock. They drank at the house, and remained half an hour. They left about eight o'clock. She never told the serjeant that he was there until near nine o'clock.—Serjeant Cahusac was re-examined: He stated that he called at the Wood and Stone Inn on the 29th of November, and Mrs. Masters told him, there had been a soldier and a woman at the house at half-past eight, or a quarter to nine, on the night of the 28th of November.-Lieutenant Griffin, in re-examination, stated, that part of the road from Dorchester to Weymouth was chalky, and likely to leave whitish marks on boots or shoes. He examined the prisoner's boots on the night in question they and his spurs were very dirty, but they had not the slightest appearance of chalk. His stockings were wet from perspiration. Mr. Combes stated that there was gravel on the road above alluded to. The jury, after a short absence from the box, returned a verdict of Guilly-When the clerk of the Arraigns asked the prisoner, if he had any thing to say why sentence of death should not be passed against him, he said: "Is there any man, woman, or child in the court, who can swear that I committed this offence?" The prisoner pronounced this without appearing in the slightest degree moved by the verdict which had just been given against him. Sentence of death was then pronounced.

18. MURDER. Lancaster. John Latimer was indicted for the wilful murder of Goorge Howarth,

Thomas Bolland, watchman at Manchester: On the morning of the 11th of October last, I was on duty in Oldham-road. At about half past three o'clock, I heard the sound of a rattle in George's-road. I went to that street. I there found George Howarth, the deceased, standing with his hands pressing on his belly. He said, “Oh dear, I am stuck." I then sprung my rattle, and the captain of the watch, came up. We took Howarth to the infirmary.-Cyrus Allcock, a police officer: About halfpast three in the morning of the 11th of October I was called up on account of Howarth. The same morning, about half past two o'clock, I had seen the prisoner at the lock-ups. The prisoner had rapped me up, and wished me to go with him, as he said he had been robbed of 3s. 6d. by a girl in Angelmeadow. I told him that the watchmen went on their beats, and that he ought to apply to them. He said he had done so; but they would not go with him. He seemed to have had a good deal of liquor and I told him to come to me again in the morning. Whilst the prisoner was with me, the deceased and a person of the name of Jackson came in, and heard part of my conversation with the prisoner. The deceased took the prisoner by the collar, and said-" come my friend, go about your business." They all went out together. There was a good gas-light in the place. and I have no doubt that the prisoner was the man. It was my turn at the lock-ups that night. and the deceased was not there that night, except when the prisoner was there. Joseph Jackson a watchman, was on duty in Millerstreet, Manchester, on the 11th of October. At about twenty mi