The Express.
London, England, 1862-08-25 00:00:00

CENTRAL CRIMINAL COURT.

OLD COURT.
(Before the Common Seleant.)
William //Warn, 18, a respectable-looking young man,
was charged with stealing a horse and phaeton and harness,
the property of John Wilson.
Mr. Gent prosecuted ; the prisoner was defended by Mr.
Lilley and Mr. Taylor.
The trial of this prisoner commenced on Friday afternoon
before Mr. Commissioner Kerr, and the circumstances under

which the charge was preferred against him were rather
peculiar. It appeared that the prosecutor keeps livery stables I
at Highbury, and that the prisoner went there, and repro.
seated that be wanted a horse and chaise fora Mr. Lee, who
lived at No. 70, Packington-atreet, and who was connected
with loin. distillay, and he was going into the country •
short &stand to be present at the change of owners of •
public-house. Believing this to be true, Mr. Wilson sent
one of his men with the prisoner and the horse and chaise,
and when they arrived at Packington-street, two well-
dressed men came out of the house that bad been iodinated,
and jumped into the vehicle and drove off, accompanied by
the prisoner. On the same day it appeared one of the men
endeavoured to sell the hone, and eventually V. wee bor-
rowed upon it by him, or at all events it was deposited at a
stable in the City-road as security for that amount, and
upon inquiry being made it turned out that the two men had
?Lily gone to the house in Packington-street to inquire for

lodgings.
Mr. Commissioner Kerr expressed his opinion upon these
facts that tho jury would not be justified in convicting the
prisoner of st-uliog the property, and they, therefore, re-
turned a verdict of Not Guilty.
The prisoner was then tried for stealing a pony and chaise,
the property of Thomas North.
The prosecutor in this case is a livery stable keeper at
Vauxhall, and it appeared that the prisoner went to him
and stated that he was going to hare tea with his aunt, who
lived at Mitcham, and he wished to hire a pony and chaise.
The prosecutor let him have one, and he drove off, and was
shortly afterwards joined by a companion, and they pro-
ceeded to the Greyhound public•house at Hendon, where
the prisoner offered to sell the whole lot to the landlord
for 301. lie refused, however, to purchase it,
and the prisoner then told him he had not got
any mousy, and the landlord let him have ten
shillings to pay his expenses to town, where he said be
could borrow some money of his node. The prisoner and
his oompenion then proceeded to Hampetead•heath, where
they hired two horses of a man named Johnson, for which
they were to pay 3s. an hour, arid they rode away, and
nothing was seen of them for several hours, when they came
back. Upon being asked for their horn-hire, which
amounted to lib., the prisoner, who appeared to be the'
principal actor in the affair, said he had not got soy money,
but if Johnson would go with him to Hendon he had got a
nice pony he would Bell him. Johnson accordingly accompa-
nied him to the Greyhound to look at the pony, but the
landlord refused to allow him to have it out of the stable
until he was paid his 10 shillings, and while the partin
were talking together the prisoner bolted, and nothing
was heard of him until some time afterwards, when he was
taken into custody upon another charge.
Mr. Commissioner Kerr, at the close of the evidence,
again said it appeared to him that the charge of felony could
not be supported. The prisoner bad acted very foolishly
and improperly, but there had beer4no conversion of the pro-
perty, which alone would render him amenable to a charge
of felony. He said that before the jury would be justified
in convicting the prisoner they must be satisfied that at the
time be obtained possession of the horse and vehicle, be
intended to sell them, and certainly io this case, if he ever
did entertain any such intention, he had gone • most
roundabout way of carrying it out.
The majority of the jury appeared to coincide with the
view of the case taken by the lamed commissioner, but
one or two of them said they believed the prisoner in-
tended to steal the property at the time he hired it. and that
be would have sold it if he could have founds purchaser.
Mr. Taylor consequently addressed the jury for the de-
fence. and he contended that the evidence only went to
show that the prisoner had been guilty of what was termed
"a lark ;" and that if be had really intended to sell the
hone and vehicle, be would not have acted in the extra-
ordinary manner be appeared to have done. and he sub-
mitted that he might also as well be charged with stealing
the bones he bad hired at Hampstesdheath u the one in
question.
Mr. Commissioner Kerr having summed up, the jury de-
liberated for a short time, and then said that they wished
to retire. They left the court at 5 o'clock and did not
return until nearly 10, when they stated that there was no
chance of their agreeing, and they ware consequently dis-
charged without giving • verdict.
On Saturday morning the prisoner was again tried upon
the same charge ; and after the evidence bad been given,
the jury, after a short consultation, returned a verdict of
Not Owing.
There were two other indictments of a similar kind
against the prisoner, but no evidence was offered in sup-
port of them, and be was ordered to be discharged.
This concluded the boldness of the eassioa, and the court
adjourned to Monday, Sept. 22.

MURDER Its LIIIIIICA. —A telegram from Clon-
mol, Angled 23, is Basaviere News Letter, says : " A gentle-
man from Tipperary bee just brought the intelligence that •
butcher, residing at Hospitsl, county Limerick, wea mur-
der& today by • man tiling • respectable position in the
same town, and whom &lighter the demised bad attempted
to kiss. The skull of the nofortuate butcher was, it
would appear, opened with a hatchet. latellimenee se yet
but very meagre." A private telaerepure=
distant about eight miles from the
above.