The Express.
London, England, 1864-11-21 00:00:00

BOW-STREET.

Matthew Wert&rook, who said he was a cab proprietor,
sad lived at Portsmouth, was charged with being concerned
with a woman in committing a robbery in December last.
Mr. L Lewis. of Enplane, defended.
Mr. Wm. Henley deposed-1 live at 2, Southampton-
street. On the 16th of December last I bad gone out, and
on my return I found my room had been ransacked. I
missed from the room two coats, one pair of trousers, and a
gold chain. The prisoner lodged in the house with a woman
whom he represented to be his wife. She bits since been
tried and convicted of this robbery.
Valerie Amelia, 2, Southampton-street, deposed—The
prisoner came to lodge at my house with a female
whom he represented as his wife, and stopped
about a week. On the day in question I met them
going out with a large bundle. On going into my
room I missed three shawls, which I afterwards found had
been pledged by the woman. They had not paid their rent.
A few days afterwards the woman was apprehended. She
was tried and sentenced to six months' imprisenme?!...
.•

Anne Evans, who was at that time servant to Madame
Amain, corroborated.
Mr. L. Lewis said he should not crosbexamine any of the
witnesses, because be was satisfied that they ware only
stating what they believed to be the truth. But ea all this
occurred nearly a year ago, it was not improbable that they
might be mistaken as to his identity. The prisoner had
formerly been a sailor on board the Dauntless, and was dis-
charged about two years ago, at his own request, and with
an excellent character. He then became a cabdriver at
Portsmouth, where he had continued until Dow. He was now
proprietor of a cab, and had only come to London about a
week ago to buy a horse, w hen he was accidentally met in
the street by the prosecutor, who gave him into cus-
tody. But he (Mr. Lewis) would call witnesses, membersof
the primoner's family, who would prove that, for months
before and after December, the prisoner was never out of
Portsmouth. That be thought was as complete an alibi as
he would be expected to establish after so long a lapse of
time, and he thought, taken with the prisoner's character
and position, which he would hardly be likely to forfeit for
a mere bundle of clothes, it would justify the magistrate in
saying that there was, at least, a doubt, of which the pri-
soner ought to have the benefit.
. .

The prisoner's mother, Elizabeth Westbrook, the wife of
a builder at Portsmouth, said the prisoner came home in the
Dauntless about two years ago. He bad driven a cab there
until a week ago, when be came to London to buy a horse.
He lived in the house with her, and had never been out of
Portsmouth for a day or night during that interval, except
when be went to Southampton for a few days, about three
weeks after be left the Dauntless. That was about Decent.
bet twelvemonth. She was corroborated by her daughter,
the prisoner's sister.
Mr. Lewis put in evidence the priumer's discharge,
giving him an excellent character.
Mr. Flowers was disposed to leave it to a jury to settle
the question of identity.
Here • gentleman, who happened to enter the court upon
business of his own, recognised the prisoner an having drives
• fly at Portsmouth. Witness was at that time an dhow of
Marines stationed at Portsmouth, and in the constant
habit of engaging the prisoner's dr.
Mr. Flowers said this statement, from • perfectly inde-
pendent witness, had a great effect on his mind. He had so
much doubt about it, that he should give the prisoner the
benefit of that doubt, and discharge him.
The prosecutor here got into the witness-box, and with
greet vehemence declared that he would give the prisoner
in custody again ; and have a solicitor to cross-examine the
witnessed for the defence. He did not see why witnesses
should not be cross-examined on one aide as well as on the
other.

Levi►—l did not arose..:amine you or your wit,
nessw, and I stated Ins moon. lam sore you state what
you believe to be true.
The prosecutor rid the primmer ought not to be die-
dinged' . . .

Hi. Flower said if the prosecutor thought so he should
have urged his reasons before the prisoner was discharged.
He had ample opportunity of doing so. However. if he
thought he could produos further evidence, he could give
the prisoner into sustody again.
Hr. Lewie—l tell you that if you give him in charge again
he will bring an action against you. He has not left the
court • so, if you like to take the responsibility, you can go
with him to the statioa.bouse and sign the sheet.
This the prosecutor refused to do, and the parties then
left the court.