The Express.
London, England, 1864-09-06 00:00:00

MIDDLESEX 13NWONS.

Philip °dial &elk II • wry nepenablislooking mac,
described in the &tinder as • "gentleman" with a superior
education, was inclined fee fraudulently enuring by fain
pretences from Charles Thomas, divers articles of food,
value Sit., his property, with Latent to defraud.
Mr. Sleigh appeared for the prosecution ; Mr. Rana
defended the prisoner, who, on being pined in the dock,
bowed most respectfully to the beach and to the jury.
The case having been opened by the learned coned for
the prosecution,
Mr. Charles Thomas maid—l am the proprietor of Tbo-
maa's Hotel, Charles-street, St. James's. lu the month of
July, 1863, Ilet a portion of the hotel to the Junior United
Service Club while their own club-hove was under repair.
I let them have dining, reading and writing, and billiard
rooms. About the time the members of the Junior
United Service Club came to my hotel I saw the prisoner.
Mr. Booth same to my hotel in July last year, and said,
" I with to see your bedrooms, and as the Junior Milted
Service Club are staying in our hotel, I wisp to reside
there." I showed him some bdrooms, and he engaged one
of them. He remained au inmate of my hotel for about
seven weeks. During that period be frequented the club
room, and especially those rooms which were used by the
pascal visitors is the house. The members of the club had
access to the general rooms. The member of the club
bad their meals in the general dining room. During the
whole of the period the minor was in my house he had his
aseals, win! and cigars every day. He not only had these
things for himself, but Declared them to gentlemen stay-
ing in the hone. He onward very familiar with some
Irish gentlemen, and also with Major Teesdale and Captain
Karla. The members of the Junior United Service Club
returned to their club-house on the 19th of October. The
defendant did not then leave my hotel. When I heard that
the prisoner was still breakfasting and dining in my home,
I sent for him to my office, and I told him
that as he was living in my house after the
club was open it nude me think he was not
&member of the club. He said that he was not a member.
Lear," You introduced yourself as such into my house."
He asked me what I meant by that, and I said if he had
sot been a member he would net have got credit in my
house. He said I had no occasion to fear, for if he owed
me 4000/. he conk! write a cheque for it. I then requested
him to do so. He mid he thought of going away the neat
day (Saturday), and then he would mettle his account. On
that day at four o'clock he came to me and wrote a
cheque for the amount of his bill. After i had mosipted
the WU be said be had altered his tried, and that he would
go away on the Sunday. On the Sunday he altered his mind
again. On the Monday be said he would go, when I got
another cheque from him for the amount that was due from
him 'lnce the payment of the former cheque. I went to the
beak myself With then cheques, but have sot received the
money. When I presented the cheques they were marked
with the word "closed."

Mr. Ribton submitted that there was so cam against the
prisoner, the charge being „all fours" with the "Queen r.
Gardener," which was argued before the Court of Criminal
Appeal on the 3rel of May, 1856. In that coos he (lir. Rib-
boo) appeared, and in arguing that ONO he 'toted that
" when the false statement was originally made neither
money, chattel, nor valuable security was obtained by it.
The prisoner merely became a lodger in the house, and
although some time afterwards, in pnnoaoa of the oostract,
supplied with food, there is no such connexice between the
false potence and the obtaining of the food as will justify a
conviction for this offence. It is quite clear that to obtain
lodging alone would not be within the statute ; and it may
be questioned whether in any case it would be enough to
prove that he obtained board and lodging. It would be dif-
Boalt
to separate the two so es to show clearly that the
articles of food were obtained by means of the false pre-
tence. But mourning that that might be done in some mace,
it is not done here; and the evidence fails altogether to
connect the obtaining of the food with the false protean.
If anything was obtained it was the cootract to supply the
food. and not the food itself." Lord Chief jostle Jerrie,
in giving judgment, said, " We are of opinion that the coo-
victioa MY sot right, because we thiak that the obtaining
of the articles supplied under the contract made by reason
of the false pretence was too remote from the pretence in
that particular case to become the subject of an indict-
ment for obtaining those specified goods by false pretenses.
We therefore think the conviction should be reversed."
The oonvicsion was therefore quashed accordingly. That
question, therefore, he submitted, disposed of the present
charge, which was not ass that came within the messing
of the statute.

Mr. Sleigh replied, and argued that this was not • parallel
oasis with that of the Queen r. Gardener."
Mr. Serjeant Gensler said it did not appear that the pro-
secutor had made any application to the prisoner, or made
any ioquiries as to whether he belonged to the club, Until
he could not get his money, and then be charged him with
obtaining his goods by false pretences. He believed that the
law with regard to false pretences had been carried too far,
sad be for one was unwilling to strain it. The objection
taken by the learned counsel was a fatal one, and therefore
he directed the jury to return • verdict of not guilty, but at
the same time Mr. Thomas would have • remedy against
the prisoner for the recovery of the debt doe by • proems in
the county court.
The jury then, under his lordship's direction, returned •
verdict of Not Guilty.
The prisoner was then discharged from the dock, but bad
barely got to the entrance of the court, when an officer of
the Sheriff of Middlesex, who held • writ against the
prisoner, accosted him, end be was forthwith conveyed in
Isle keeping to Whiteman-street Prime.
It wee stated that the prisoner hull formerl been in the
commission of the pews for the county of Medford.