The Express.
London, England, 1852-08-18 00:00:00

NORTHERN CIRCUIT.--LiveßrooL, Am. 17.

CIOSBI Coon.—BßV.llll LOBO CHIRP 11,TICIE
BLUAILALLY AT WEST DERBY.

Geoegc Franec, 27, was indicted far having, in company
with seven other persons, not in custody, broken into the
house of Mr. John Owen, a farmer at West Derby, near
Liverpool, early on the morning of the Ist of June last, and
stolen about SUL in money and a large quantity of plate.
The faits of the cases were fully reported in the Er.
press at the period of the robbery. Considerable violence
had been used towards Mr Owen, who was struck with a
life preserver; nod others of the inmates wee.. ul,o ranee or
less maltreated on the occasion. During the tune tho
thieves were regaling themselves below, one of the number
indulged in a musical effort on the piano in the parlour.
Upon leaving the premises they took the footpath towards
Walton, and a witness, who was go.lig an th.d direction,
fully identified the prisoner Front, as one I.f thou. An-
other witness followed them, when he was And at, and the
charge passed close in front of hi, eyes.
The primmer was apprehended in the course of a few
hours, but none of the other robbers have as yet been
taken.

The defence slt up was an alibi, and Mr. Tindal Atli:ar
son •er :Oily coniductril the prisoner's case; but the jury
found the pri,or.,r Guilty, and be was silutemed t 4 trans-
portatiou (Jr life.

CENTRAL CRIMINAL COURT.

OLD COCItT. ESTEIWA Y.
Et.rou. nut Rixclain a.

SEQUEL OF TIIE BRIGHTON CARD CHEATINCi.
Ihchard -ndered to tako hie trial upon an in-
dictment, charting him with misdemeanour, in havMg un-
lawfully ol,t-iiu,d money by f.int prttences from llenry
BrOnUlr.

Mr. P..rry an.l Mr. Metcalfe conducted the prr,ccution.
Mr. BA:lantine and Mr. Doyle were COUllati fur the de-
fendant.

The learned c rinset for the prosecution in opening the
ease said it was ene of a very remarkable character, and he
therefore bespelte the serious attention of the par, to
tho facts he should lay be fore them in support
of the charge. The defendant was charged with
obtaining money by false pretence., an Oran
which under all circumstances was one of • very
marinas charaetr. but which, in tke present instance, was
rendered still more serious by the fact that the defendant
was a person who had occupied a very respectable position
is society, and who had for some time been an attorney,
and who therefore ought not, under any circumstances, to
have been a party to any violation if the law. He ;hen
proceeded to state that the defendant was charged with
having obtained from Mr. Henry Broome, the prosecutor of
the present indictment, several bills of exchange of a large
amount, and also a considerable amount in cash, under
false pretences, in connexion with a charge of card
cheating at Brighton; the particulars of which had ob-
tained a good deal of notoriety, and the facts of which it
would be necessary for him briefly to allude to. The
learned counsel then called tke attention of the jury to the
circumstance of the charge against John Broon.e, the bro-
ther of the prosecutor of the present indictment, and two
other person+, Lamed Staden and James, the latter of whom.
it will be remembered were convicted at the recent anises
' at Lewes, and sentenced to two years hard labour, and
said that the defendant, who had acted as tho solicitor for
the prosecution in the first instance, was now charged with
obtaining bills of exchaege and money from the proeccutor
under the pretence that he had had an interview with Mr.
Walpole, the Secretary of State for the Home Department,
and that he had sufficient influence with him to prevent
his brother from being transported, and that he could, in
fact, relieve him from any inconvenience in re-
ference to the indictment that had been pre-
ferred against him. Ile should be able to prove most
clearly t hat by means of this false representation the de (cadent
had obtained property to a considerable amount if UM the
prosecutor, and he said Le must confess he was at a loss to
imagine what line of defence would be taken. An attempt
would probably, he said, be made to attack the character
of the prosecutor, and he was bound to admit that Henry
Broome had been a prizefighter, and that he was, in fact,
very well known as the champion of the heavy-weights,
and that he had also been connected with the turf, and it
might be urged that he was • man not very likely to be imj
posed upon, but the jury must recollect that he had to deal
with an attorney, a man of experience, and who, by his
position as solicitor for the prosecution against his brother,
would necessarily have a great deal of sufluence over bins,
and by whom, therefore, he might more easily have been
deceived. The 1 d counsel next proceeded to refer to
some of the other circumstances of the case, and the follow:
ing evidence was then adduced:—
Mr. Venal!. clerk to the bench of magistrates at Brigh-
ton, deposed that he acted in that capacity upon the occa-
sions of the different examinations of Staden, James, and
John Broome, upon the charge of obtaining money and
bills of exchaette from Mr. Hamp by means of cheating at
cards. The defendant, Mr. Sill, bad attended several exa-
minations in the capacity of solicitor for the prosecution,
and he did so on the Bth of March. Upon that occasion he
asked for the sanction of the magistrates to be allowed to
withdrew from the prosecution, and also that the recog-
nizance" of Mr. Chase, the chief constable of Brighton, who
had been bound over te prosecute, should be discharged. The
grounds he alleged Neatening to withdraw from the presecu-
tionwere that Mr. Hemp had made an affidavit upon the sub-
ject of his bill of eats, in which he made a statement di-
rectly in contradiction to the evidence he had given before
the magistrates, and that his evidence therefore could not
be relied upon. The magistrates retired to consider the tap-
plication, and upon their return they told the defendant
that as he desired to withdraw from the case, they did not
consider him any longer as the solicitor for the prosecution,
and he did not again appear in the case in that capacity.
The magistrates afterward, instructed witness to carry on
the prosecution, and he did so, and Staden and James were
tend at the last makes at Lewes and convicted. John
Broome did not surrender to take his trial with them.
Henry Broome, the prosecutor deposed that be for-
merly kept the Opera Tavern in the Haymarket, but was
at present residing at No. 102, Lisson-grove. Ho had been
a pugilist, and was known as the champion of the prize
ring or what remained of it. (A laugh.) He remembered
a young gentleman named Hemp going to lodge at the
public house kept by his brother John Broome, in Air-
street, Piccadilly, and that be went with his brother to
Brighton races last year, and that shortly afterwards
• charge was made against his brother and two persona
NNW Staden and James of cheating Mr. Hemp, and Ode-
'tending him of money by foal play at cards. Witness did
tel go to Brighton with the parties, and he knew nothing
of what occurred there ,and he first heard of the charge
on the 23rd August. He knew nothing of the de-
fendant Mr. Sill until this charge was made
against his brother, and the first time he saw Lim wax
on the evening of the 6th of March when he was
sent for to an oyster shop in the Strand, and found
him there. When the defendant saw him he came up to
him and shook hands with him, and said he had been want-
ing to see him for some time, and they then had Fennel
Bingos of grog, the great part of which witness paid for.
After some time the defendant proposed that they should go
to witasse's house, as he mid he conid not speak
rerotrisr aro many people, and they accordingly went together
to the Opera Tavern. At this flea it was nearly twelve
o'clock, and they went into the bar, and the defendant
then said that it was he who had carried on the prosecution
against witness's brother, and that he had seen the Seem-
tary of State upon the subject, and he had told him that if
his brother was convicted he would be transported. He at the
same time said that it would be impossible for him to es-
cape as he bad drawn the indictment, and had put thirteen
counts into it, and it was impend.)e for his brother
to get through it. They had a good deal of convenstion
together, in fact the conversation listed until five o'clock
the next morning. (A laugh.) In addition to what he
had before stated the defendant told him that there was
just time enough to save his brother and that he could do
it, but he must have at least 3001. ft was five o'clock on
Sunday morning when the defendant left his hone, and he
said that he would give him until two o'clock that day le
get up the money. He was aware that the defendant had
been engaged as the attorney for the prosecution, and he
was therefore induced to believe his statement with regard
to his having been in communication with the Secretary
of State. The defendant came again to his house
about two **clock, and he then repeated what he
had stated before about the power he possessed with
the Secretary of State, end be also said that he had got Mr-
Chen, the chief officer of Brighton, substituted as the pro-
neuter in this case instead of Mr. Hemp, and lie pointed to
• paragraph that was in a newspaper upon the table in con-
firmation of his statement, and he said it had been done
through the Secretary of State. In consequence of what
the defendant said upon this occasion, witness was induced
to give him two bills of 1201. each. These bills were upon
French stamps, and they were drawn by John Hemp, the
brother of Mr. Hemp who was the prosecutor of the indict-
ment, and endorsed loy witness and his brother. The de-
fendant said ho must have some money as well as the bills,
and witness gave him a 101. note, two 51. notes, and •
cheque for 201. He then said that as there might be some
difficulty in getting these bills discounted, he must have an
English bill of exchange for 140/., with witnesses and
his brother's name upon it. Witness told him that it was
Sunday, and he could not get a stamp; but the defendant
said he must go and find one, and he went out and obtained
a stamp from a neighbour, and when he came back it was
filled up for 2401., at four months date. The defendant
kept possession of all the bills, and he remained at witness's
house drinking nntil eleven o'clock at night. The drink
was all at witness's myelin, of course. (A laugh.) During
the dsy the defendant wanted him to put his name to the
French bills ; and on hie telling him that he was a bank-
rupt, and that he eould not pay. sad his name would be of
no use, the defendant said that he was a good
bankruptcy lawyer, and witness might take his word
that he would come to no harm through signing
the bills. On the following dsy (Monday) witness and
the defendant went clown to Brighton for the purpose ac-
cording to the defendant's statement, of getting Mr. Chase's
recognisance' take's off and having the prosecution put a
stop to, and he at the same time said that if he (the de-
fendant) took no further steps in the prosecution he was
sure the Secretary of State would not. They went to the
Town-hall, hat when Mr. Sill was about to make the 'pp'',

He said he would not foe a moment endeavour to pit Mr.
Sill before the jury as a person who had acted properly in
this uansactien, or who deserved to be at all repre-
sented as an honourable member of what was un-
doubtedly au honourable profession when properly ever-
eised ; but, on the contrary, he was bound to admit in
the outset that he Lad acted most improperly, and that
he had endeatoated to use the criminal law for the
purpose of furthering his own interest instead of making It
the mesas of punishing those who had committed a most
serious offence. Ile would not attempt to justify his con-
duct, but he must remark that ho had already suffered
most eternity. lie felt be was a ruined man ; his prospects
were utterly destroyed, sad there was not the slightest
chance of his ever being able to do any more mischit f—
at all events, in the profession to which he belonged.
While, however, he made this admission, ho said he felt
booed to conteud that teis was the extent of his fault, end
that he ought not to be convicted upon the chariot of
obtaining empty by false pretests... Ile urged that
there could be 110 doubt what were the real facts
of the case. It was evident that Hemp was an unwil-
Ibig
prosecutor, and that the defendant saw pretty plainly
he was in the hands of parties who were not very likely to
carry on the prosetutson to a satisfactory termination, and
having incurred very considerable expense., and being in
want of motley. he endeavoured to reimburse himself by
compromising the affair with the brother of one of the ac-
cused parties. If, therefore, he had been accused of endea-
vouring to compromise a misdemeanour, he should not
have had a word to say for him, but here he was charged
with obtaining money by false pretences, which offence he
contended he had not committed, and in point of fact never
thought of cononitting. As to the statement about the
Sccretary of State, he submitted that it hail nothing
whatever to do with the case. The real truth was
that Heury Eroorue wanted to get his brother oat of the
scrape, and the intention with which everything was dune
was that the prosecution should be abandoned. The de-
fendant (Mr. Sill) moot improperly lent himself to the pro-
ceeding, and, so far as he was concerned, he endeavoured to
carry it out, fur he withdrew from acting as the solicitor to
the prosecution. The magistrates, however, very properly,
no doubt, and in the strict and honourable performance of
their duty, w,uld not allow the matter to be settled in that
manner, but instructed their clerk to carry on the prosecu-
tion ; but this was not the fault of Mr. Sill. He had dons
all he could to stop the prosecution, andhad not broken any
faith with Broome, and it certainly did appear to him to be
rather a hardship that where two persons were parties
to an illegal transaction, that because it did not turn out to
the satisfaction of them, he should be allowed to turn
round upon his companion. Ile submitted that this was
the reel history of the present proceeding, and that there
could be no doubt that this indictment was only preferred
out of a feeling of revenge at the compromise having been
frustrated, and that two of the parties should have been
convicted, and tl.c brother of the prosecutor compelled to
lease the country to avoid possibly sharing the same fate.
The Recorder then summed up the whole case with great
clearness and impartiality. Having explained the law upon
the subject of the charge, be observed there could be no
doubt that they were wading through very dirty water, and
that a great many of the persons concerned in the whole of
the transaction were very far from respecta:fie. Ile trusted
that the diwiesures that had been made, however, would
have the effect of warning young men of fortune of the pit-
falls that were prepared for them in this metropolis, and
that it would prevent them from aseoeiating with persons
of disreputable character. With regard to the defendant,
enough had been shown to make it quite clear, at all
events, that he bad taken a part in the matter quite
unworthy the position he held; but he said the
;ary ought not to allow this to influence their
minds, and he ought not to be convicted upon the specific
charge of which he was accused unless the evidence clearly
made out the truth of that charge. Tho conduct of the
defendant towards Mr. Hemp, and his proceedings to en-
deavour to compromise the charge had nothing to do with
the present ease. He might possibly be punished in ano-
ther way for these acts, but here the question was, had he
made a false pretence tc the prosecutor, knowing it to be
false, and with the intention to defraud him of his money,
and did he, in point of fact, defraud him by such means ?
The jury, after deliberating a short time in the box, ex-
pressed a wish to retire.
They were absent three quarters of an hour ; and
upon their return into court they found the defendant
thiifty.
Mr. Sill, who had been allowed to sit behind his counsel
during the trial, was then ordered into custody, the Re-
corder observing that he should consider what sentence
ought to be pronounced.

tattoo is the magistrates the mart was enrol, and *items
therefore did not know what occurred. They returned to
town together, and since that time he had repeatedly seen
the defendant at his house, and on SCVCIIII l l:as:ons up to
the 13th of April he goer money to the el,outiant. Upon
one occasion be gave him 201. for the ; urpose of going
down to Herefordshire to me the r, c.a.( and some
other parties, and obtain idlidasdr, with • view
to get the venue for the trial ren.oved from Sussex
to some other county. Witness was at Lewes at the
ignitor assign of the present year. and his brother John also
went down one day but returned at night. On the 13th
April, the defendant came to witness's house. His brother
was there at the time with some friends, but the el. Pendent
said he came upon business, and all the other parties except
witness. his brother, and the defendant were requested to
leave the room. 'f he defendant then said that too of the
bills that were given to him were of such a long date that
he could do nothing with them, and he mot !..:re An order
upon • binker for 200 f. at seven day., and 13!. or 201. in
money. At this time witness had given the deft delimit lAN.
or 1;aO. in cash besides the bill Ile hail ionoeinol his so-
licitor ti ou the affair and what subseque ev toe: place upon
this me ision was dome under legal advice. When the de•
fendant said he must have the hea for 2.00/ . witnen
asked him how he mild think of demand ant such serious
111110111111 from them, when he knew Tire eel: that his bro-
ther was intim:no and that he hinneii howl nothing what-
ever, to do sith the matter, and he ret ....1 that it aid not
matter bow innocent they were, but it was what the
world thought of them. A hill stamp was then sent fur.
and a WI foe 2001. was dome. and the defendant produced
the oth, r hills and laid them on the tal.te. Witness's bro-
ther then asked to look at the stump on the :Oki/. bill. tad
as he was rending i:, he picked up ail the other bills, and
put them into his pocket, and witness now produced them.
The defendant was very carded, and ilemanled the bills
hack, and sod that it they were mot restored to him, he
would never leave them until he hail transported either wit-
ness or his brother. The witness concluded by statlag
that, at the time he pose the bills and the money to the .a.-
fendant, be did so entirely upon his representation with re-
hard to his indent:et. with the Secretary of State.
Cross .examined by ID Ilallantineener of these secu-
rities l Ale been phi i crept one for Oil. 'ibis was paid on
the oth of March. Mr. Ramp is not here to give cep
dean. lam the prosecutor of this ..e.el:,trnent. I Lave
prepared three indictments again.: the defendant altoge-
ther, but before any charges were ma le, I went to the
police °flee and obtained advice. The magistrate did not
totem to grant me a summons, but he told me I might give
Me. Sill use custody when I met him. I don't know what
Mr. Sill was charged with, but I believe that sae of the
covets of the indictment charged him with robbing me and
my brother. Ile was charged with stealing these very
bills and money. Ile was acquitted upon twoof these in-
slicteeents in the I nun of Quinn s Bench because
no evidence was offered against him. I bad
known lie. Romp for twelve months before he
time to lumelon, but I did not Teem:aced him to go to
my brother'. hour. I had seen Staden ,rd James there.
I knew what my brother was charged with, and I had
beard tli it et aas • transportable *then. I did not give
the money to Mr. Sill to compromise the charge, but on
seemst of my trheving he hod inductee enough with the
beentery et State to get my brother transported. I be-
bend nor brother was innocent, but earl I thought it was
poatible he might be transported. I swear that I believed
Ile. Sill heel the power to get my brother transported
through his iuttuenee with the Secretary of State, and I
wanted my brother to he saved. I did cot know how Mr.
5.11 was pine to act, nor how he was going to save my
brother. 1 bane sr, n Mr. Hemp repeatedly during these
proceedings. and I know that he wanted to withdraw from
the prosecution so fa as my brother was concerned. I
went down to Ilerefuril with Mr. Hemp. I went there to
get myself into condition. I did not get myself into condi-
ball among the " inde 'cadent voters at the last election.
(A laugh.) I was at Ledbury at the time of the election.
I was not in training there. (A laugh.)
Th. Recorder—Are we going to try this care as an elec-
tion committee.
Mr. liallentitie—No, my lord, my only object was to
show how the gentleman employed himself.
Cross-exemination continued—ln the course of the pro-
endings Ile. Sill told me he could not get his bill of costs
from 11r. Hemp.
Iteorsamised—All the legal proceeding% that were taken
mete with the sanction and advice 41 his hied adviser.
Witness knew notleicet whatever about drawing indict-
ments. (A laugh.) 'the indictments were removed to the
Queen's Bench by Mr. Sill, and be was acquitted in conse-
quent of none of the witnesses being in attendance.
A wither named Thomas Bray was then tallest upon his
rhymes, but Isi• did not appear.
14. Samuel (Saone, deposed that he knew the defendant MIDDLESEX SESSIONS.—YESTEILDAT.
and the prosecutor, and remembered seeing them on a Suo- BR"'"' Ma. Wussm'
day about the month of March at Broome 's home, and be Mo King was indicted fur having committed an assault
recollected drawing a bill at the request of Henry Broome, on &young woman, with intent, dm.
The bill was dated the 6th of March, and he had no doubt !dr. thiferel appeared for the prosecution.
it was drawn near that time. It was the name bill now The prisoner, a thin, meagre-looking Hindoo, repulsive
produced. The defendant did not upon any occasion call in appearance, was described as 30 yearn of age, and when
epee he,, and request him to discount any bills. placed in the dock the deepest possible wretchedness and
Mr. Edwin Parry deposed that he was miaowing clerk to misery appeared depicted in his features, and the general
Mr. John Smith, on attorney et Birmingham. In March opinion in the court was that he was a madman. When
last, Mr. Sill call dat their office, and witness raw him, and the charge was interpreted to him in his native language by
inquire-el if Ids bo-ioese related to the affair of Mr. Hemp. Seaman, 150 11 divisaon, an intelligent linguist, he turned boa
lie replied that his business in Birmingham was to get eyes upward and said in broken English," me poor man; no
some bias discounted, and he produced the two French hurt no ladies." lie pleaded guilty to the charge.
bills fur 1201. each, and the English one. Witness looked Lockyer, the officer, stated that the prisoner had bees
at them, and said be did not like the name!, and that Mr. twice before convicted of offences of this description, but he
Hump was good for nothing, end that he did not think Mr. had been desired by the governor of the house of corner
Smith would have anything to do with them on account of tion to my that the general impression in the prison was
Mr. Broome's position. The defendant replied that if he that the prisoner was of unsound mind. He would *regal
referred to the Brighton affair, that was arranged. Wit- down in a corner of his all for days together, refusing his
new then said he supposed these bills hail been given to food, when suddenly he would break into such pereiyoms
settle it, and Mr. Sill smiled, and said they were. of madness that nothing bet downright etreagth mold
William . Thackerav the waiter at the Opera Tavern,, subdue.
,
proved that the defendant came there on Saturday night, The interpreter said he had visited several lodging.hisens
the toll of Match, acconip,oned by his mister Mr. Hoary where the prisoner had lodged, and he found that the
Broome. He was in and out of the room where they were, keepers of them hail to get rid of him, his conduct had bees
occasionally, and he beard Mr. Sill soy that he had been to so estroosdiostY He would kneel in his moat aid may,
the Secretary of State, and he had told him that if his and then all of a sudden create such a distarbanes by
brother was convicted he would be sure to be transported. stamping and shouting, that no other lodgers would stay in
Mr. Sill, after this, called at the house almost every day up the house. He would refine to take foal or water for days
to the 13th April, and he several times asked witness if his together ; and be (the witness) was well convinced that be
muter had left any money for him, and when he told hint was not of sane mind.
he had not, be appeared very eatery and raid it would be Mr. Witham said the beet thing would be to 'entree the
worse for hiss if he did not leave him some. prisoner to a long iraprimammed. He had already bed am
A memorandum in the handwriting of the defendant, to sentence of a twelvemeath ; and if it wee found that he wee
the effect that he would give up the two bills for 1201. each really out of his mind, the Amities justices wield make an
if the one ter 2101. was paid when it arrived at maturity, order for his removal to om If ale km& meta'. He
was then put in and read. then sentenced him to be impriumed he eighteen ealender
Mr. John Sheerman deposed that be was a witness in m"..ths.
support of the charge of raid cheating that was originally ear. Giffard called the attend= of the court to the oleo
preferred at Brighton. Before he was examined at Heigh- duct or one of the witnesses, • yam man named Jennings.
ton, he saw Mr. Sill at the Cheshire Cheese public-house, At great risk to laid( he rue mod rescued the promeu-
and he was represented to be the attorney for the prosecu. Laic from the Piimmd, who f like a wild beast. lie
Won. Mr. Hemp said that John Broome knew nothing of was afraid the emote had me power to order a reward,
the prosecutor, but Mr. Sill said they must put him in, in seine of miassmassar. Sea power being confined to
because be was a monied man, and he would cases ot friary ; hot ma expoodma of the opinion of the
pay the enrages. Upon another occasion, he lan court ost such pesimeworthy mime was well merited.
Mr. Sill at the residence of Mr. Hamp, in Here. Mo. Witham gelled the 1/iteelle referred to, who is a
ibedshire, and he said he had got a good deal of money gardener at Dr. Meare's astabilimeat at Clapton, and said
oat of the prosecution, and witness was a fool if he did not Be had flood the dors itiow_lr _sod il owlliolY gave him great
get some too. Witness told him he should do no inch thing, &man to MEM publicly, that the mart iumf not only ap-
joc oh. oat) home easy man that Brooms was innocent, proved of his es.duct In I=llllMilag the prisoner, but
and that Mr. Hemp had told him so. end he replied that it considered that belted entitled lilmemit ea the tbanksof the
did not matter—innocent or not, it was what the world communal athe I=l
thought of it. On the 16th March he attended the assizes None or the mendeowl in apart, but they
at Lewes, and Mr. Sill, whom he met there, told him he have recently bee. Plartkwd I. the raw lirgia•
had got • good amount in each and bills from Harry Broome, Bur sr Ma. Tram
and he (witness) would be • great assistance to him if he William Rom, 68, we. Indicted tar heft ebtaisertby
would ?enure him that he had great influent* with the false and fraudulent preterite the ram et IL de. Sd., from
Secretary of State to prevent his brother from being trans- Joseph Wilson, with intent an dent him thonot nem
ported, and if he did to, and he could get • bill fee 3001. were two *the; indictments aseirit I.
more from him, he (witness) should "stand in" and have The prisoner was a person wile bed /sesame time, nil
• third. He reamed to have anything to do with the mat- with great memo, carried on • *yob= el fraud upon per
ter, and told himthat he knew very well that John Bream ignorant persons, by dsludisi Mina Me the belief that they
was innocent. Mr. Sill then aid that he had completely were entitled to property wlieL wan OM of mile in
frightened Henry Broome by telling him of his influence Chancery, and then, by reyeesestimi llmmif as on diner et
with the Secretary of State. the Court, obtaining trope them mall ems et merry kr
Cros.exuarid—lle read something in a Brighton news- the purpose, he alleged, of ea ft Ilea
paper shoot Mr. Sill having stated that he and some et the such property lathe •of URI owner. Msfreseillop
other witnesses for the prosecution were unworthy' s( belief. was tried on one ' immeat only, bat e evidence is gyp.
Ile was an attorney's clerk, but ha had not been I. hyena- port of the other two was of precisely the same kind as Mid
ployineut for more than a twelvemonth. He had got his which was given, and a comet idea may be formed e Ili
living since then by stopping with Mr. Hemp at his holm mode of proceeding from the following suns ai s--mss
in the country as • "companion." Me had no other means prosecutor in the case tried was a weaver, mope
of obtaining a livelihood at present. When Mr. Hump was Wilton, living in Slater-street, Bethnal-rem, mitt
in London witness stayed with him at Johnny BrOOnlifel, early part of the month of June latit, the petsrage um
and he accompanied the parties to Brighton upon the coca- brought to him by a person named Theme iffy.
alas when Mr. Harp was plundered by James and !Baden. and he represented himself on an wed to a
lie-examined—Hs knew Mr. Hump from having seen person named Williams. He eared the yormenter
him in Herefordshire. They were both Herefordshire if his name was Joseph Wilson, and an reeelviag an onmetor
men. Mr. Hemp was the son of • banker and had some in the affirmative, he wished to know if be wee the amo et a
property. Walter Willmar Warrekehbre, amilmil Maim at Del.
- Mr. Secretary Walpole was then examined. He said— work he that winaty. On beim kfremod Ivy the
I am her Majesty's Principal Secretary of State for the that he had mistime in that port et the mosatry,C=
Hoene Department, and have held that office since the 27th had reams Se hair that he wee the petty who was entitled
lfebruary. Ido not remember ever having seen the de- to idol, is mew, and 37 betel et lII* under the will of a
fondant before to-day, and I know nothing whatever re- gentleman aroma William Pease, whir died about 22 years
hair to the mid cheating tam at Brighton, except from ago. He espromated that he bed bees an Dam of the
seeing the reports in the newspapers. Ihe defendant never Court of Chasm" lied yearn at • gam of ROIL • year,
called open me in tefereace to any indictment upon the and that he wee enabled to make the isitemtiell be alb
abject, and I certainly never expressed any opinion to him quired in that opacity useful to perianths/gem omightly
as to whether John biome would he transported or not. kept out of . Though .hie wan quite
Mr. Parry—lt appears almost absurd to ask each a qrr the reverse uw at might be ex of a mom with
Den, but had the defendant any indurate whatever over 3001. • year, the prosecute, had no emplelen, and at race,
yea / at the prisoner's request, gave kiln the mom of de. Ilk te pay
Mr. Ballantine—Oh, of course it would be &beard to ask certain fees for peeli'mcae. Welkin In In the goitres e
sash a question. We admit the defendant had no influence the Wilmot. On the INi of tone be waited ea the
whatever. prosecutor again, and read le him a p. 5,, la whir
By Mr. Ballantine—There were two under-orcretaries, great hopes of success were held out, ud ikma admit for
Mr. Waddington and Sir W. Jolliffe. Than were two 11. 10s. fol. to file a bill in the Comet of . The
other principal secretaries of state, one for Foreign Affairs prosecutor could not maser Mee them a and
and the other for the Colonies. when he said he was sorry hershl set en=the a
Mr. Parry—But I Pumar it is not very likely tither of the sass required, the prfreerm said he the
there high cheers would be likely to take cognisance of a remainder out of his own mieket, es, if the bZlete7 nut
card-cheating case at Brighton 1 filed at once, a whole teem monad be lest, mod OM waohl
Mr. Secretary Walpole—l Omelet say certainly not, I be detrimeetal to the mom The preameder ere him the
think, however, Mr. Waddington did my something to me sovereMn, and he promised to ea solo ea the bliewing
with regard to his having been subpemed to attend a trial Thursday, to give aa amount of the Irmo= ef the pre-
upon ouch a charge. realer, but he did sr keep his appointment. •fing drys
Mr It. B. Dann depood that he was engaged as the at- afterwards the prosecutor met Mat he Deidt.laae, mod err
teensy for Mr. Hun?. While he won engaged in that ea- him why hr had not called ash, when he said he
pecity Mr. Sill sent in hit bill of costs for conducting the bad so much business in hood that be oft d not, but he sa-
me, melon which amounted to over 300/. This sum was need hint he would call without fail as the foliee Mee-
afterward. itedueed by taxation to 14.51., and that reduced day, and inform him how the cane stood on the
amount was paid to thi defendant. list. Ile. did ant do so, however, but sent a penes who re-
Thls was the ease for the prosecution. presented himself to be the pincer's clerk, with • letter
Mr. Ballantine submitted that the falsehood of the ails- (produced), which, be said, had just been leeelled from
melon epos which the indictment rested had not been sof- Atherstone, in Warwickshire, in answer to Mr. Rose's in-
&wisely proved. It aopeared there were two Under-Hoerr genies about the property, and as Mr. nose had had to
tairies of State. and as neither of them were called on behalf go out of town on important business he had le% in-
s( the pro...cation, th re was nothing to show that they strut:loos in the office for any letter that might arrive
were not the plank, r..rarred to by the defendant when he from his agent at Athentone to he conveyed without delay
melee of the Seen •nry of State. to Mr. Weise's. The letter was read. It had no post mark
The lteeorder overruled the objection, observing that it and marooned to be written by • person at Atherstone in
was a Otnetion for else jury whether the whole was not a rawer to certain Inquiries relative to property in M. at
fabrication, aod oh, thee the defendant had bons in Otte• neighborhood connected with the family if Wilson. It
maaiestion with any Secretary of State at all. Mated that the writer bed easertaired by a march in the
Mr• Bollowiat then addressed Hieing for *NatWest Anise Deort at Itehield, that metals puma were in pee.

THE EXPRESS, WEDNESDAY EVENING, AUGUST 18, 1852.

session of certain property in Warwickshire devised by •
Williams Parker, who died twenty years and more ago, and
that it was • popular rumour in the neighbourhood (which
the writer hail no imam of slaying was worthy of credit)
that the parties in possession were not rightfully entitled
to the property, and that they were unlawfully keeping the
tool owners, who were supposed to be named Wilson, oat
of it. 'Phis ikatistled the prosecutor for • time, and on sere
rap occasions be was assured that the " business was going
oa well," but he happened to bear that the prisoner had
been defrauding persons by similar representations, and so
on meeting him ono day in the street be gave himinto cus•
tody. Th. prisoner acknowledged that be was connected
with the supposed letter from Atherstone by saying it was
" all right, and desiring it to be returned, when the pro,
neuter toll him he bad received it.

Mr. Frederick Nott, a clerk in the office of the principal
secretary to the Lord Chancellor, proved that the prisoner
had been an officer of the Court of Chancery.
Mr. Frederick Wright, a clerk in the Record and Writ
Clerks' (Mice, proved that no bill had been filed by the pri-
soner, or any ono else, on behalf of Joseph Wilson, the pro-
secutor.

The prisoner, in a my plausible manner, said he was
employ ed in such matters as these by a solicitor named
Williams, who lived in the neighbourhood of Regent's-
park, awl he received a commission poundage or per
tentage on the amount of business transacted. That was
not has only mode of getting a living, because he had a re-
gular stipulated emolument or stipend as a general inde.
pendent 'gent of the General United and Incorporated As-
sociation tor Providing and Producing everything required
fur the Benefit, Comfort, Consumption, and Advancement
of Mankind. (A laugh.) Ile considered he was not re.
sponsible to the criminal law, and that the prosecutor gave
him the money for making inquiries.
Mr. Turner having summed up,
The jury found the prisoner Guilty.
Evidiuco was then given that in January. 11851, the pri•
soner was convicted at the Old Bailey, and amtenceil to a
year's hard labour, for a fraud of the same description.
Mr. Turner said he had no doubt the prisoner had been
pursuing this plan of depredation for some time, and he
should respite the sentence in order that some further in-
, formation might be obtained.—Remanded.

THE POLICE COURTS.
MANSION•MOUSE.
OVERCROWDING OF STEAMBOATS.
Yesterday the important subject of the overcrowding of
steamboats came on Wore the Lord Mayor. The court
was crowded.

Mr. Humphreys attended for the defence.
The City Solicitor said ho appeared by the direction of
the Court of Aldermen to sustain an information preferred
against Captain Chippertield for overloading the Queen, a
steamer plying between Herne Bay and the City of Londun.
The proceeding waa under 14 & 15 Vie., by which a pe-
natty of 201. was imposed upon the owner, master, or other
person having the charge of a river steamer, besides ss.
for each person on board over and above the number
authorised to be carried by the certificate Issued by the
Board of Trade. In order to save unnecessary trouble, he
should mention at the outset that the board had conferred
all the powers necessary to put the provisions of this most
beneficial actin motion, but as by the terms of the act all
the formal proceedings of the board and the certificates
issued by them were declared to be presumed to be duly
issued, without any further proof, unless the contrary were
i Proved, ho should not waste the time of the court, but
would proceed at one* with the material evidence in the
case, if the learned gentleman who appeared for the de-
fendant should think proper to offer evidence to disprove
the former allegations in the charge, he would proceed
under the authority of the 38th section to give the requisite
roofs that all the necessary proceedings had been duly
taken by the beard.
Mr. Henry Brown, agent to the Ilerne Bay Steam-
packet Company, said-1 recollect the Queen steamer
coming on the 26th of July to Hem Bay. I saw Captain
Chipperficld on board the steamer. I counted the number
of persons who came from her on the pier on that day. It
was 066. I was on the pier when she left Berne Bay, and
the same number went back with the exception of four
boys, who remained, and three extra panengere, who had
not been brought down. Captain C ipperficld returned
with the steamer, and appeared to have charge =rimming.- '
meat of her. _
_

Crose-examined by Mr. Humphreys for the defendant—
The Queen does not, to my knowledge, belong to the com-
pany to which lam agent. I cannot say whether there
exists any rivalry between the company to which she belongs
and that to which I em agent.
Mr. C. C. Gardener (pier inciter at Herne Bay)—l re-
collect the Queen coming on the 26th July to Herne Bay
Pier. I believe Captain Chipperleld had charge of her.
This is the gentleman. He appeared to have charge of the
vessel. I counted the passengers when they landed. There
were 666. 1 did not count teem ea they returned. I be-
lieve she came from London. She came from that direction.

O. 1. Gladstone, of Blackwall—l am a surveyor ap-
pointed by the Board of Trade. I assisted the steward of
the Queen to put up the excursion certificate on the 23th or
26th July in that vessel at London Bridge. It is custo-
mary to give these certificates to steamers if they go out of
London. I wee on board myself on the day of the excur-
sion. (Here the river certificate was read. It specified
that the number the vessel was authorised to carry was 300,
and was signed By order of the Board of Trade, W.
Beeehey.") I left the boat at North Woolwich. When I
put up the excursion certificate, I took away the ordinary
' certificate.
Cross-examined by Mr. Humphreys—l got this certifi-
cate from the Board of Trade. It is signed by Captain
Beesley, one of the Board of Trade, and is dated the 22nd
of July, the day I got it.
Mr. John Proctor, of No. 18, Cheapside, furniture
printer—l was at Herne Bay en the 26th of July, and saw
the Queen arrive. Her condition attracted my attention,
she appeared to be so very much crowded. I saw some of
the passengers land. After the masa had landed I went on
board and counted what remained, and the number was
from 20 to 25. lam not connected with any steam vessel
company. I gave intimation to the Lord Mayor as to the
condition of the vessel.

The City Solicitor said that was his case. He had the
inspectors appointed by the Board of Trade in court ; but,
as he apprehended there would be other charges under the
set brought forward for his lordship's adjudication, it was
not his wish to encumber the question with matter which I
would increase the expense without more effectually assist-
the ends of justice.
)Ir. Humphreys contended that no case had been made
out against the defendant. The act of parliament was a
Nry penal statute, and no person knew better than the
afilinitor that in construing penal statutes every pre-
sumption was in favour of the defendant, and every part
of s "harp must be distinctly proved. Is the pretest case
two essential parts of the evidence were wanting. No
proof had been given that the certificate had been signed
as required by the act, either by one of the secretaries, or
by some one or more of the members of the Naval De-
partment of the Board of Trade, or the secretary to such
department. The witness (Mr. Gladstone) had said the
certificate was signed by Captain Heathery, sad had been
given to him at the Board of Trade; but there was no
proof that be was either member or secretary of the de-
partment. The evidence of the responsibility of Captain
Chipperfield wee equally defective. No one had proved he
was the captain or owner. One of the witnesses had almost
failed to identify the defendant as being on board the
vessel. The other witness had, it was true, spoken of the
defendant as having been present and having the charge of
the vessel, but he bad not raid he was either the owner or
master, which was necessary to bring him within the opera-
tion of the act.

The biejliolicitor—The words of the act are owner,
muter, or ether person.
Mr. itwire e thanked his friend for the information,
bat it dig est the penis he had taken, as it had not
Men peeved tin the deindant was owner, muter, or
Maw pees.. is charged the vessel. If the Lord Mayor
decide again be epee both of these points, he
should dully embed that the objects of public jai.
tine be satisfied by • very slight penalty. It
was the drat occasion ef the est la ha. To say
the least of it, the sideetien le led would leave the
matter fairest inn, and if a small peemity were imposed,
he noel& not ressomendl ea appeal egoism the convatices,
whisk be wee antbedeed neater ender the 46n nation, at
any tins within see math. H. hoped the Ctity
would signify hi anneestees es this NIS It would
be the most worthy nurse for that gen as se siker
of the serpmaise. mew. If he hcsi do es, be
should Man the desis in the hands of the Ind Mayer
with emildense that bis objective weld be held valid, se
that a men needed peaty would be impend.
The City Solicitor was sheet es entrees the Ind Mom
but he was internment by Mr. Idemphreys, who said Met
he had offered no Grisham hs the ems, end by the express
provisions of Jervis's act the presenting solicitor was pre-
chided in sash mess from being bad in reply. the
solicitor reined that Jervis's an did not contemplate
men an gnat es that which had bee. jest made to him,
be white he was about to reply; and he thought
Mr. II had base nave his answer to
the •ppe 1. lie felt eenneed there must be a
esevieties i sat if the dellastnat's solicitor, instead of
• penalty, were satisfied with the
jimildripagyiy, he would make application
573Elreneti be *lbw the judgment to stand, and not to be
sabred min Os 1011•111 &mild be repeated. He could
make so losibar essersiaa to his learned friend than this,
se. by In Sth union eine statute, t!.e board had the sp.
prognietion of no peesins. lie doubted not that his ap-
elike i.this respect would meet with the concurrence of
. . _

Yr. llinutphrisys could not accept the City Solicitor's con-
imam upon these terms, and he must therefore take his
Isodds4'sjudgment ; and, U it should be adverse to his
ciphis would take tints to consider whether he should
a against the decision.
he Lord Mayor said he had attentively considered the
ease as it proceeded. It was one of the deepest in to
the public isterelt It was not a mere question of 'sounds,
shillings, and peace, but ono in which the lives of her Ma-
jesty's subjects were put in peril. Ile boil listened with
great attention to the observations of the learned gentleman
who so ably advocated the defendant's case ; but he could
not agree with him that there was any defect in the proof of
the formal parts of the cue. It bad been proved to
I his satisfaction that the defendant was the person
having the charge of the steamer at the time the offence
was committed, and upon the face of the certificate there
was abundant proof that it had been issued under the
authority prescribed by the act. In eases like the present,
where acts of parliament had been passed for the express
purpose of putting au cud to practices pregnant with
danger to the community, he did not think it saes
intended that magistrates should too critically examine
the wording et the clams to see how offenders