The Express.
London, England, 1862-09-17 00:00:00

MIDDLESEX SESSIONS.

(Before Mr. Serjeaot Gabelee, Q.C., et Clerkenwell.)

Morris De Winton, 29, a young man of the most rerpeet-
able appearance, was indicted for stealing two earrings,
♦alue 21., the properly of Amelia Herbert, from her person.
Mr. Best prosecuted; /dr. Williams defended the pri-
soner.

Mr. Beat having briefly opened the case, called
Amelia Herbert, a young woman of veryshowy appearance,
who eat.'—l reside at Grove-place, Brompton. I remember
being in Plo.xidilly on Friday, the 15th of August, between
nine aid tin o'clock in the evening. The prisoner was then
in a cab, and he called me to it, and eventually I got into
it, and he took me to the Count de Morley& at No. 67,
Great Tinthfieldatreet, but he was not at home. We then
adjourned to the Army and Navy Club, and we were
driving about until nearly twelve o'clock at night. The
prisoner said he had only got • 5/. note, and unless he could
get change that he could not pay the cabman. He eventu-
ally went home with me to my house at Brompton, and
owed the night with me. The following day he sent the
servant to Mr. Gates, • job.master at Brompton, sat
ordered a brougham, which arrived about five o'clock in
the evening. We had a drive together, and thee re-
turned to my house. We came up to town between seven
and eight o'clock, and we again drove to the Conn:de
Morley s. He was not at home, but we were told where we
should find him. We then went to Charlotte-street, Port-
man-square, where we found the Count de Morley. While
the prisoner went to see the Count de Morley, I was left in
the brougham. The Count and the prisoner then got into
the brougham and we were driven to a café in Great Wind-
mill-street. We all went into the café and bad sores refresh-
ments. The prisoner said be wanted to go to the London
Pavilion, near the Argyll-rooms, to get change for some
Belgian notes. I remained in the cab, and the prisoner went
away and did not return until eleven at night. I was sitting
in the brougham all the time. I was awake all the time, but
I was very faint in consequence of sitting in the cab so many
hours. He came back to the cab and got in for a few
minutes, and said as he had been unable to get change for
the notes that I must wait, and that he must speak
again to the Count de Morley. A few minutes after be
was gone I put my hands to my ears and found
that my earrings were gone. Just before he talked to me
in the brougham I put back my hair, and my earrings were
in my ears then, but I mired them soon after be was gone.
He did not return to me again that evening. I spoke to
the driver of the brougham, and told him that my ear-
rings were gone. I saw the prisoner on the Tuesday even-
ing afterwards in Piccadilly. 1 said, " Hallo, where ere soy
earrings ?' He maid, " They are at my house, I was going
to bring them to you. I took them for a lark, and there
was another man with me." I was going to give him in
charge, bat he was off before I could do so. The Count de
Morley was not then with him. (The earrings were pro-
duced.) These earrings are mine, and I never gave the
prisoner leave to take them or use them in any way.
Cross-examined by Mr. Williams—l live at Brompton.
The way I get my living was by living under the protection
of a gentleman ever since I came to London, until about •
month ago. When I first saw the prisoner I was walking
in Pica dilly on my way to the Argyll-rooms, and he called
me to him in • cab. The prisoner remained io the cab
while he had • conversation with me. I then got into the
cab and proceeded with the prisoner to the Count de
Morley's. Ws then went to the Army and Navy Club.
He then went with ins to my house, where the prisoner
passed the night. I rose between ten and eleven the next
morning, when the prisoner made • proposition about
going for • drive. A brougham was sent for, and we drove
round the Cremorne-gardens and Chelsea. lie told me he
would stop all day, and that be would give me 101. in the
evening. We afterwards drove to Count de
Morley a. but he was not at home. We after-
wards joked him. We went to a cafe, and the Count
de Morlaid for the refreshments. While we were in
the café te prisoner asked the Count de Morley for 1004.
and be mid he had got but 601. in Belgian notes, and the
prisoner left for the Lo don Pavilion to get them changed.
While we were riding together in the brougham I told the
prisoner that I was in debt to my landlady, and he said he
would get the mousy, y my landlady, and take me away.
I did owe the land ad mousy. She took some of my
rings because she said she knew tbat the primmer was not a
gentleman. The primmer said that be would take me away
from my landlady, and be would take lodgings for me.
When he 1.11 me in the cab be said he would try
to get ohmage for the Belgian notes. He re.

turned • little after eleven o'clock. At the time
I mimed my earrings I was in the brougham
and quite awake. Both earrin^v, of course, were not
turned to the same side of the brOugliam. I wore a white
crape bonnet, a little smaller than the one that I am now
wearing. At no part of the evening while I was io the
brougham did leak the prisoner to treat me with supper ;
but I did my that I wanted to go home, as I felt very faint
through being out so many hours. I swear positively that
I did not put my earrings into the prisoner's band and tell
him to get money on them, ea I owed rent to my buidlady
and I wanted some supper. I haul jewellery in my house,
which I kept in my jewel desk. Thu jewellery that I was
wearing when the prisoner went home with me I put on my
dressing-table.

Ite-eiamised by Mr. Beet—l owed my laudbidy tbree
guineas, which was a week's relit.

The evidence of the prosecutrix was corroborated by
other witnesses, and the jury, after half an hour's con-
sultation, returned a verdict of anittu.
On being asked why sentence should not be pronounced
upon biro,
The prisoner said be was as innocent of this charge as any
person at present in the court, sal he pretested that the
earrings had been placed in his hands by the prosecutrix
herself for the purpose of obtaining supper, and he knew
that her landlord and landlady had persuaded the prosecu-
trix to press this charge against him under a belief that he
(prisoner) would pay any sum of money to them rather than
appear in a court of justice. He had also witnesses in at-
tendance to prove that the prosecutrix had recently stated
in the Haymarket that it she had 10/. she would go away,
and would not appear in support of the charge.
Kr. Serjeant Cicalae said, admitting that to be so, be was
still liable to imprisonment as • fraudulent bailee. If he
had obtained from this poor woman her earrings, and she
had given them to him as bailee to pawn them, why had he
not pawned them and handed over the money to this poor
woman, which be had not done, but, according to his own
account, had spent the produce of her property upon another
woman. As to the position in society of the prisoner, be
was happy to say that the laws of England were no respecter
of persons, and he felt assured that no man of the slightest
del racy of feeling would desire to feed on the profits of this
poor woman. While the court felt the utmost indignation
at his conduct, they must take care that they did not allow
that indignation to work too heavily against the offender,
for he now stood in the dock like any other ordinary offender,
and nothing was known of his high position in society bat
what was stated by his own counsel. He stood in the dock,
where many others had stood before, soil as nothing was
known of him they should treat this as the first offence,
and that had induced them to pass • lenient sentence—for it
was indeed • lenient sentence—sad which was, that he be
imprisoned sad kept to bard labour for six months.