The eleventh, twelfth, thirteenth, and fourteenth counts same as the seventh, eighth, ninth, and tenth, stating the house to be in the possession of Robert Ball.

The fifteenth count charged the prisoner with maliciously, &c. setting fire to a house with intent to injure and defraud Charles Pole, a subject of the king, and then being the treasurer for the time being of a society or partnership formed and being under the name of the Sun Fire Office Company.

The sixteenth count charged the prisoner with feloniously, wilfully, and maliciously setting fire to a certain house of one John Fearn, and by such firing as aforesaid maliciously, &c. burning and consuming the said lastmentioned house.

The seventeenth count was the same as the sixteenth, stating the house to belong to Henry Dance.

John Fearn, in whose possession the house in question is, in the first seven counts of the indictment stated to be, and whose house it is stated to be in the sixteenth count; before and at the time of his taking the benefit of the Insolvent Act held the premises by lease from Thomas Preston to Michael Middleton, respectively mentioned in the indictment, and assigned by Middleton to Fearn.

In August, 1822, as appeared by his schedule, dated 6th March, 1824, Fearn borrowed 501. of his attorney, for which he deposited with him the lease of the house, as a collateral security, but without an assignment.

Before delivering in the schedule, viz. on the 7th February, 1824, he executed the usual assignment to Henry Dance, the provisional assignee appointed by the court, and who is named in the fifth, seventh, tenth, and seventeenth counts of the indictment.

The provisional assignee did not appear to have ever taken possession of the premises, or to have formally abandoned them, but Fearn, on his discharge under the

act, returned to the occupation of the house, and continued to reside in it until, and at the time of the fire, which happened on the 14th of August, 1824. He partly let out the house in lodgings, the rent of which he received, and William Skeel, mentioned in the sixth count was one of the lodgers.

In the month of March, 1824, the prisoner applied to Fearn for a room, and he let him have one on the first floor; Skeel's room was occasionally changed as suited the convenience of Fearn, and at the time of the fire and for some time previous he occupied the back room on the third floor; he did not sleep in it, but used it to keep the tools, &c. of his trade as a builder, and had the exclusive use of it; he paid no rent. In this room the fire broke out, and did not extend to any other.

Alley and Law for the prisoner objected that the possession was not properly described in any of the counts of the indictment; that the house was in the possession partly of Fearn, partly of the lodgers, and partly of the prisoner, and ought to have been so stated in the indictment; and that the fifteenth count could not be supported as it did not state the house to belong to, or to be in the possession of any one, it being necessary that it should be so stated.

Bolland and Brodrick, for the Crown, insisted that the house was properly described as in the possession of Fearn, and that if it was not so, the fire happening in a room in the exclusive possession of the prisoner, the eleventh, twelfth, thirteenth, and fourteenth counts of the indictment were proved.

Both the learned Judges strongly inclined against the objection, but understanding that there had been no express decision on the question, reserved the point. The case was accordingly left to the jury who found the prisoner guilty.

The judgment was respited until the opinion of the Judges could be taken on the following questions.

First. Whether the house is properly described as in the possession of Fearn, or of the prisoner;

Secondly, or, whether the fifteenth count, stating generally the setting fire to a house, without stating it to be in the possession or the property of any one, is sufficient.

In Michaelmas Term, 1824, the Judges met and considered this case, and held that the possession was rightly described, for the whole house was properly in the possession of Fearn, the possession by his tenants being his possession; and if not, the prisoner's own room might be described as his house.

REX v. THOMAS HICKMAN.

Indictment on the 4 G. 4, c. 54, s. 3. Under this act such crimes only are to be deemed infamous, as subject a man to infamous punishment, or incapacitate him from being a witness. Sending a letter threatening to accuse the prosecutor, of having made overtures to the prisoner to commit sodomy with him, does not threaten to charge such an infamous crime, as to be within the act.

THE prisoner was tried before BEST, C. J. at the summer assizes for the county of Leicester in the year 1824, on an indictment on the 4 G. 4, c. 54, &c. (a)

(a) The 4 G. 4, c. 54, s. 3, after reciting so much of the 9 G. 1, c. 22, s. 1, 27 G. 2, c. 15, and 30 G. 2, c. 24, s. 1, as relates to the sending and delivering threatening letters, repeals the same, save only as to previous offences, and enacts, that from and after the passing of this act, if any person shall knowingly and wilfully send and deliver

There were several counts in the indictment charging the prisoner with threatening to accuse the prosecutor of the crime of sodomy.

It appeared to the learned Judge, that the letter written by the prisoner only imputed to the prosecutor that he had solicited the prisoner to permit him to commit that crime, he therefore directed the jury to acquit the prisoner on these counts, and he was accordingly acquitted on such counts, and convicted on the two following

counts.

"And the jurors aforesaid upon their oath aforesaid present that the said Thomas Hickman, being such wicked and evil disposed person as aforesaid, and not regarding the laws and statutes of this realm, after the passing of the said act of parliament made and passed in the fourth year aforesaid, to wit, on the 6th day of May in the fifth year aforesaid, in the county of Leicester aforesaid, knowingly, wilfully and feloniously did send to the said John Fabling, a certain threatening letter, with the name and signature following, that is to say, “Thomas Hickman" subscribed thereto, directed as followeth; that is to say, "Mr. Fabling, Stapleford, Melton, Leicestershire, speed," demanding money of the said John Fabling, he the said John Fabling, then and still being a subject of our said lord the king, and which

any letter or writing, with or without any name or signature subscribed thereto, or with a fictitious name or signature, demanding money or other valuable thing, or threatening to kill, &c. or to burn, &c., threatening to accuse any of his Majesty's subjects of any crime punishable by law with death, transportation or pillory, or of any infamous crime, with a view or intent to extort or gain money, security for money, goods or chattels, wares or merchandize, from the person or persons so threatened, &c. shall be adjudged guilty of felony, and shall be liable to be transported for such term, not less than seven years, as the Court shall adjudge, or to be imprisoned only, or to be imprisoned and kept to hard labour for any term not excceding seven years.

said last-mentioned letter is of the tenor following, that

is to say,

Aldersgate-street, 135, May 5, 1824.

"SIR-You have taken possession of all my property "and disposed of it in a way very disgraceful to man or "manhood, and you have ruined an industrious man and

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an innocent family to serve your friend Tom Hoar, and “to make yourself look great; but you should have "recollected who you had got to contend with, and what "I can bring against you, and though it is years ago, I "can indite you for it. You well know you have several "times made overtures to me, of which I can indite you "for sodomy, you have done all you can to bring disgrace and ruin on my family, and I can bring more disgrace on you than you have in your power to bring " on me, as I can have as good a character from Not"tingham and in London as John Fabling can have at "Stapleford and Whissurden. I have determined to "have it out with you this time if I don't receive a com"pensation for the losses I have sustained by you. You "may depend upon it, I shall indite you in a few days,

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"Yours, &c.

"THOMAS HICKMAN."

"Mr. Fabling, Stapleford, Melton, Leicestershire, speed,"

with a view and intent to extort and gain money from the said John Fabling, being the person so threatened, against the form of the statute, and against the peace of our said lord the king, his crown and dignity."