The Express.
London, England, 1862-10-11 00:00:00

THE EXPRESS, SATURDAY EVENING, OCTOBER 11, 1862.

sensed a peat deal of trouble had it been returned to the
place wheat' it had been issued. Never knew of any cloth
being sent back by any regiment to the military stores.
Remembered prisoner making several patterns of costs,
and thought he bad gone to the expense of buying
the cloth, for which witness expressed regret, npoa
which prisoner told him be had made them from the rem-
nant& Did not tell the prisoner it was wrong to make
the patterns which were sent to Sir Thomas Troubridge
from the gorer nment cloth ; shell jackets might have been
made from the remnants and sold by the roaster tailors, but
not with the sanction of government.
Mr. Lewis observed that be gathered from what had
courted that it had been the magistrate's inteutioa to com-
mit the prisoner for trial, but he hoped that from the fresh
complexion put upon the case by the mom-examination, the
magistrate's view of it was altered. The question for the
magistrate's consideration was not whether the prisoner
had kept the cloth back from an error in judgment, or
upon the strength of a_prevailing custom, but whether he had
withheld it felonioudy • and he submitted that there was
nothing to constitute a charge of larceny ; no jury of meter
tailors or any other men would come to the conclusion that
prisoner bail stolen the cloth ; sad if character was any ad-
vantage to a man he surely bad it, for he obtained his pre-
sent appointment by that and his ability. Instead of being
guilty of peculation, he showed bow two inches of cloth,
which he might have kept, could be saved in every tunic, and
that surely did not savour of dishonesty, and he hoped that
the accused was not to be put to the shame end
disgrace of a trial by jury upon this charge. If committed
there still fortunately huppended to exist a grand jury, who
might probably save him that disgrace by mooring the bill.
He (Mr. Lewis) would call Colonel Burnaby, of the Grena-
dier Guards, through whose kindness the prisoner was pro-
fessionally defended that day, to speak to his character, but
it suggested itself to him that Colonel Daubeney might feel
it his duty to withdraw this prosecution for felony, after
an explanation which showed that the act, at most, was
mainly referable to a prevailing system.
Colonel Dauberey observed that it was to put down that
system he had brought this case forward. He hail always
had the highest opinion of the prisoner.
Mr. Lewis said it was sacrificing • respectable man to a
system.
Colonel Burnaby was called for the prisoner, and said be
had recommended him to the authorities as a highly respec-
table man ; he had known film continually sincelBss.
In answer to Mr. Perkier Colonel Danbeney said, the mark
now on the cloth was not strictly identical with that used
four years ago. There was a new stamp in 1859. Both
stamps were on the cloth found in prisoner's possession. Had
not known instances of returning remnants to the govern-
ment stores ; but it was the master tailor's duty to return
what was left to the quartermaster.
Mr. Paynter observed that the ease was a clear one as
regarded his duty to commit it for trial. Primmer had
been found is possession of government stores at his
private residence, having neither right nor authority to take
them away from where he was employed on any occasion.
The defence he made was that when in a similar capacity
with the 47th to which he had lately held in the Grenadier
Guards, the quartermaster allowed him to keep the rem-
nants, and that Colonel Hudson subsequently gave him
leave at Dover to keep some cloth that he had saved.
Colonel Hudson might have said indifferently that he was
to keep the cloth, but he never could have said he was to
keep it fur himself, as it was unreasonable to suppose he
would have done so, and then if be had he would not have
been justified in doing so, as one person in the government
employment had no right or authority to give any of the
stores away to another. As regarded general custom.
if such custom was illegal, no defeooe could
be based upon it to a criminal mt. Amami might be honest
four years ago, bit dishonest cow. It would seem probable
by the marks on the cloth that it had been taken at two
different times, as there were the old and the new marks.
Prisoner would not have been employed at all had he not
borne& good character ; but he (Mr. Painter) could not act
on character. He had felt bound to remand the case, but
had at once admitted the prisoner to bail. There was too
much desire to justify the peculation complained of as
far as it could be ; and he thought that there would be no
such saving as the 11,0001. per annum spoken of if remiss.
tion amongst master tailors continued, as it might be only
equal to the quantity purloined.
The prisoner was then committed for trial, but admitted
to bail. Colonel Burnaby himself being one of his sureties.
William Taylor and John Smith, powerful young men,
were placed at the bar charged with bargliuiously breaking
and entering the dwelling-house of a lady named Firebrasie,
in Gloucester-terrace, Pimlico. _

Harriet Russell, servant at the house, mid—At 7 o'clock
but evening 1 was in a room at the top of the house, and I
suddenly heard an opening and shutting of drawers in the
next apartment I immediately came down stairs and pro•
cured amietauce.

George Barker. 25 Clarendon-terrace, said at a little
before eight on Thunday night the lost witness rushed into
the house, and aeries that there were thieves io her
mistress's house, requested some man to come in. I
went in, followed by the pennant, and hastened up stairs
to the front attic, where I saw the prisoner, getting out
of window. I immediately shut the room door and ran
down stain in order to prevent their escape. There are
three newly built and unfinished home close to the house
where I found the prisoners, and I thought they would
descend there and endeavour to escape in that direction.
Suddenly I saw a ladder move, and I immediately threw it
down. I then heard a noise of the removal of boards, and
shortly afterwards I found the prisoners had pieced them in
the area to enable them, by climbing up the brickwork, to
reach the street. They then came up and separated, but
were followed and taken into custody.
A number of housebreaking tools, found on the way, were
produced. The drawers had all been broken open, hut the
thieves were disturbed before they had time to tie any-
thing up.
Michael John Shaw, a detective of the B division, said be
knew Smith as the associate of thieves, and had no doubt
that both prisoners were ticket-of-lave men. _ _

Mr. ParCter said he should at cone commit them for trial,
and ordered the depoeitiooe to be prepared.