The Express.
London, England, 1855-02-03 00:00:00

CENTRAL CRIMINAL COURT.

OLD COURT.-FEB. 2.

IZPOIS r.s 11.100/0131.
Mr. Parry applied to the court for permission to file a.
affidavit in reference to the case of Thomas William
O'Keefe, who was convicted a few sessions back of obtain-
ing a large sum of money from a young lady named Best,
to whom he had promised marriage, by false pretences. He
said that since the proceeding the prosecutrix had volun-
tarily made the affidavit in question, and had stated certain
facts which exonerated the defendant from nearly the whole
of the odium of the charge that bad been made against him,
and he was desirous that that affidavit should appear upon
the files of the court, in extenuation of the defendant's
conduct, if ever he should be called up for judgment.
The Recorder said he wee aware of the contents of the
affidavit, and although it did not go to the extent of
relining the defendant from the charge, yet it certainly
AMA that there had been a good deal of exaggeration,
sad some of the more flagrant points in the ease had been
removed. The defendant had, however, very much Ede-
liesducted himself in the transaction, and it would be a very
ineonvenient precedent in such a ease if he were allowed to
place the affidavit in queetien upon the files of the court.
Charles King and John Edward Bates surrendered to
take their trial upon several charges of obtaining money by
Mee pretences.
The first indictment charged them with obtaining the se-
veral sums of 21.25., U. 6.., and 11. 7..
Mr. Bodkin and Mr. Giffard conducted the prosecution ;
Ms. Ballantine defended Bates; and Mr. Parry was counsel
ter Oft other prisoner.
This case occupied the court a great many hours, but
Se facts, notwithstanding, were in reality is a very small
esespass. The prosecution was at the instance of the Great
Northern Railway Company, and the offence imputed to the
crwas that they had falsely represented themselves
.:
agents of the above company for the sale of their
seek, and having in that capacity obtained orders from
different persona in the metropolis, they substituted an in-
ferior description of coal for that which was ordered,
charging the price of the superior article. It appeared that
Bates was a coal dealer in Soymiin street, Euston-.:mare ;
and the other defendant, King, it semned,)md engaged •
room in Bedborough-street, King's-cross. which he used
as an office, and he issued hand-bills, in which he
described himself as "agent for the sale of the Great
Northern Railway Company's coals," and he evidently
held himself out to the world as being counseled with the
railway company. In that capacity he used to go about the
town soliciting orders, and when he obtained any they were
supplied thy the other defendant, Betel, who obtained the
coals from the company's station at King's-cross. In the
oases which were the subject of inquiry, it appeared that
three named Willcox, Estee, andVetich, gave King
an er to supply a certain quantity of Bilkatone coals, an
improved description of coal which at the time was fetching
Us. per ton, and it was proved that Bates obtained
• quantity of • common description of coal at the
company's premises, for which only 17.. per ton was paid,
and he supplied them to the customers, charging them the
price of the more valuable article, and sending a ticket in
which the coals were described as Silkstone coals. In the
course of the inquiry, Mr. Herbert Clark, the manager of
the coal business of the company, was called to prove that
the defendants were in no way connected with the Great
Northern Railway, and that neither of them had any
authority to represent himself u the agent of the company,
and in the coarse of a very severe cross-examination by Mr.
Ballantine, he admitted that there were different de-
scriptions of Silkstene coal, which varied in price to
the extent of five shillings per ton, but that it
was the custom of the company to mix them
together ; and that although, a customer were to apply for
any particular descriptioa of the coal in question, he would
be supplied from the mixed bulk. These were the main
facts of the cue, and it appeared upon the circumstances
oomisg to the knowledge of the company, and their com-
mencing legal proceedings, the defendant King absconded,
and the other defendant endeavoured to hush the matter
up, and offered money to the officer who had the case in
band, and alsoOndeavoured to induce the parties to whom
the coals had been supplied to refrain from coming forward
to give evidence.
The counsel for the prisoners, in their address to the jury,
admitted that they had acted eery improperly, but con-
tended that they bad not committed any legal offence.
It was true that they had endeavoured to impose upon the
public a belief that they were the agents of the company,
but their only object was to push their trade, and all they
had really done was to get more profit on the soak
they sold than they were entitled to. It was admitted that
the. coals were the company's coals, and all that
was alleged against them, in point of fact, was that they
had substituted an Inferior for • superior description of
coal—a proosedidg which was no doubt highl im-
proper, but which clearly did not amount to a criminal
offence.:lt was also urged, on behalf of the prisoners, that
the object of the Great Northern Railway Company was to
establish an enormous monopoly of the sale of cad in the
metropolis, and that in order to carry oat their intention
no means would be spared to crush all the little traders,
and that this was one of the objects of the present prosecu-
tion.
Witnesses were called who me both prisoners an excel-
lent character.
The Recorder having summed up, the jury deliberated
a short time in the box, and then expressed a wish to retire.
They left the court at a quarter past five, and after an hour
had elapsed, an intimation was given that there was no
chance of their agreeing.
The Recorder upon this had a short conference with Mr.
(Ward and Mr. Lewis, the attorney for the prisonen, 'and
they both consented that the jury should be discharged from
giving a verdict.
The jury were accordingly seat for, and upon their
brat there was no probability at present of their
° to a verdict, the Recorder said he did net think
the case weed a nature to require that they should be de-
embed any linger, and he should therefore discharge them
bees givfag amedist ea the present session.
The learned_ judge *ea addressed the dehadents, and
said they would be discharged ea the present occasion.
There wee se deabt, however, that they had acted most
improperly, sod they wens still liable to be tried again upon
the promm Marge, and spa the ether indictment that was
MOM the sere; and he advised them, tinnier., to be
Zgal: their future market.
were then discharged, upsa their eatering into a ,
co to appear at • future maim if called upon to
de so.
This consbided the business of the session, and the court
adjourned to Monday, February 28th.

Coltman's INQUEST.—Yesterday Mr. Bedford
opened an inquiry in the St. Clement Danes Vestry ROOM,
into the eireamstaness attending the death et Matilda
Ashton. It appeared that the deceased, who was a prosti- I
tote, was on Monday night accompanied to a house in
Drug lane by a gentleman named King. Here she was
heart singing and laughing by a woman residing in the
same house, but about ten minutes afterwards the latter
was summoned to her aid by the gentleman, and found her
silt and vomiting. Medical assistance was sent for, but de-
mised died ha &beet &quarter of an hour after. Mr. G. H.
=embisma to Dr. Richardson, of 101, Drury-lane,
that wham he was called to the deceased's aid he
head her in bed, and a gentleman standing over her, fen-
ding her with a large fan. She was drawing her breath
heavily, sad froth preeceded hem her wee gad mouth.
)lie ImMoily sent foe sew saw, but M the mem et a Mr. Henry Thomas White, a gentleman residing in
kw seem* the deceased aseelle breathe. la easjumstion Queen's-terrace, Hammersmith, appeared before Mr.
with De. Hiebeirdeee, be peelemeed limpet swim Maui- Paynter to answer a summons charging him with having
nation, mid tevad the intammliate eaves of Meth to be refused to pay threepence to an omnibus conductor, being
nary apoplexy. The stases\ was very neater. 9y the the remainder of his lawful fare.
Corener—The appearanase before and saw death wore The defendant said he had objected to pay the extra three.
mak se to lanes kin I. think it resulted hem poisoning, pence upon principle. The omnibus proprietors were osr
mad pulmessey ember would be maimed by pinning. tinselly changing their fares, sometimes twice in a day.
Ha mesh' met my wide* what produced Os pahassuy He was a constant rider upon the omnibuses, and it was el
apoplexy. as he had net analysed the stases& sad its user , general complaint amongst the passengers, for it was impo-
tent'. Mr . King, wise was present, expreseed We willing- Bible to know what were the right fares, as the tables were
nese to be examined, bat It was considered supedient lint plastered with paper, in consequence of the fares being so
to have the combusts of the stomach of desseesd analysed, frequently changed.
and the inquiry was adjourned for that roses. Kr. Paynter had already expressed his opinion in that
UBll7lll. CAUTION.— A young atea, resident in court against the system if omnibus proprietors changing
Thurso, has been apprehended aid leW In gaol, on a the fares whenever they thought proper, without previously
charge of forging the sip of a Wman in a neigh- ME PLANETS.—On the 7th and Bth of the pre- notifying to the public the same ; bat the proprietors
bowing parish to • Inabbue no of a birth. The sent month, the planets Mars, Venus, and Mercury, will be still pursued the old practice. As ;far m he was able, be
melee was addressed le the editor of the Edinburgh WO- so close together as to form a luminous triangle. This phi- would endeavour to put a stop to it in his district by never
wee, sal the follefeadia egsmend in a late amber of that aomonon, which le of very rare occurrence, will only be giving the complainants one tutting of the costa,but merely
paper. "either pressallips are at present in abeyance, visible on the above-mentioned days, from a quartet pad the sum they claimed. The magistrate then made an order
pending the isdiss et Crows etamel.—Sostrmsm six to a quarter past seven in the evening. on defendant tot 3d., leaving him the eats out of pocket.