The Express.
London, England, 1862-09-03 00:00:00

THE ROBBERY OF BOOKS FRO,If TEE BRITISH

MUSEUM.

Yesterday, at the Middlesex Sessions, Eugene
Plummer Macarthy, 44, described in the calendar as " for-
mes/1y • soldier,* was indicted for steeling six printed books,
the property of the trustees of the British Museum.
Mr. Serjeant Parry and Mr. Poland appeared for the pro-
secution ; Mr. Ribton defended the prisoner.
This was a use of somewhat extraordinary character,
and the facts as stated by counsel for the prosecution were
as follows :—A short time ago the prisoner was tried at the
Central Criminal Court on a charge of bigamy, there being
two indictments against him. He pleaded guilty to one of
them, and there was no evidence offered in support of the
other, and only a short term of imprisoement was passed
upon him. At the termination of his sentence, he was ap-
prehended on the present charge, taken before a magistrate,
and committed for trial. The charge against the prisoner
was for stealing six books from the British Museum about
five years ago, he than having the privilege of admission as
a reader to the reading-room, but in consequence of the
books being so numerous and valuable, and so many parsons
admitted to read them, there was • great difficulty in pre-
=lt!theft, even with all the care that was used. It
that the prisoner obtained a ticket of admission to
the building upon the recommendation of a Mr. W. 14.
Gordon, of Pansies-street, Cavendish-square, on the 22nd
ci July, 1857, upon which day he attended and signed
the bai required to be signed by readers on their
first admission. in the letter of recommendation he
was stated to be a member of the Irish bar, and that he was
desirous of prosecuting some researches into triad history
connected with his name and family, having for some years
mailed to practise at the bar, and that in the interval he had
been residing at Toulouse with Vicomte de Macarthy, his
father, and that his stay in England would not be pro-
tracted. He came frequently to the reading.room, and had
the use of a great number of books and MSS., and it would
seem that on the very day after his first admission, • book
which he had, entitled "Christian Instruction," was missing
from the library. On the tied of June, 1838, he was ex-
pelled from the library for writing on a manuscript, but on
his representing to Mr. Paniui that he was merely correct.
ing an error, and believed that he was rendering a service to
future readers, he was readmitted to the reathoproora in
the following month of July. The prisoner represented
that he was collecting materials for biographies of his
countrymen engaged in foreign services, arid that some of
them had appeared in the Dahlia University Magazine,
and this was important to a certain degree, as five out ci six
of the books which the prisoner was charged with stealing
bore upon Irish history and titles of honour. Three of the
books were kept on shelves in the reading-room, from
which readers were allowed to help themselves, and they
were missed in 1858. The other three required a ticket to
be filled up with the title and reference to the Museum
cetalogue, but it was supposed some fraud had been perpe.
tutted in respect of the tickets for these books, so that they
should not be produced against him. Since the prisoner was
committed by the magistrate access had been obtained to
his papers, and amongst them had been found a ticket upon
which he obtained one of the books, but two other tickets
were not forthcoming. At the August sessions of the
Central Criminal Court the prisoner was indicted for
bigamy, in having married Miss O'Bryen in 1844, his former
wife being then alive. There was also • second indictment
for marrying a third wife, the other two being alive ; end
while he was on bail upon these charges he wrote to Mr.
Miller, the solicitor who was acting for Miss O'Bryen, a
letter requesting that some books which were in Miss
O'Bryen's possession, and belonging to him, might be
returned to him. When Miss O'Bryen discovered
that she was not his lawful wife, she ceased
to live with him, and the books and papers were kept in a
bag ready to be delivered to the prisoner whenever he
should apply for them. Upon the receipt of this letter an
examination of the books and papers was made by Mr.
O'Bryen, the brother of Miss O'Bryen. On the 19th of
August Dr. O'Bryen, another brother being at the house,
in Westbourim-place, observed on the table two of the
books, the subject of these proceedings, which he imme-
diately 'apposed to belong to some public library ; and
on a little further examination he was led to think that
they belonged to the British Museum. On the same day
be took these books to the British Museum, and having
shown them to Mr. Rye, the assistant keeper of the printed
books, he at once identified them as belongingto the Museum
Library. Mr. Rye, on the same day, went to Westbourne-
place, and made a further examination, when other books
belonging to the British Museum were found and identified.
No doubt being entertained that the prisoner had
become unlawfully possessed of the books in question,
it was determined to institute • trot;
against him on behalf of the trustees of the British Museum,
sod he was arrested and charged with the theft, and, after
being remanded, Mr. Henry committed him for trial.
Several witnesses having been called to substantiate these
facts,
Mr. Ribton rose to address the jury for the prisoner, and
said the first thing which would be for their consideration
was, did the books in question belong to the British Museum,
and if so, were they removed by the prisoner! If they
were satisfied of that, the next and most important quee-
tion they would have to consider was, were they taken
away by him with an intention of stealing them? That was
a very important question to consider, for, in point of law,
the mere taking of an article away was not stealing, unless
at the time of taking it there was an intention of stealing it
and to deprive the owner of it altogether. The mere act
of applying the article to his own use was not
sufficient, and unless they were satisfied that there
was an animo perandi they could not find the
prisoner guilty of stealing. Having paid attention to the
beta of the case, he would ask the jury whether they could
safely and conscientiously say, supposing Mr. Macarthy
took these books from the British Museum, that he intended
to steal them, by permanently depriving the trustees of
the British Museum of them, and appropriating them to
his own use. There was every presumption that the pri-
soner intended to return the books, for he attended the
British Museum for • legitimate and honourable purpose,
for he bad written an article called the " O'Byrues of
Wicklow," inserted in the Dublin University Magazine,
and sometimes wrote for newspapers and periodicals. He
had no intention of felony, for when he took them he did
so that he might carefully peruse them ; and although it
might be • breach of the regulations of the Museum to take
books away, that was • very different thing from stealing
them. Having censured the conduct of the O'Bryens in
importing matters which had nothing to do with the case,
he said, even if the jury had • doubt in the case the prisoner
was entitled to an acquittal at their hands, and be trusted
the benefit of it would be cheerfully accorded to him.

Serjunt Gaaelee very carefully summed up the evi•
doom
- - - - - - -

The jury, after a few minutes' consultation, returned a
verdict of Guilty of stealing.
Mr. Serjeant Coulee said it was painful to see a person
in the position in life of the prisoner charged with such an
offence, u, from his education, he ought to have set an ex-
ample, and was not exposed to the same temptations as those
they were in the habit of punishing every day. He could
well understand that the prisoner felt his portion painfully,
but the court bad a public duty to perform, and to show
that the administration of the law was equal to high and
low, rich and poor, and as the position to society of the
prisoner made his offence the more heinous, it would be his
duty to pass a severe sentence.
Prisoner—Oh, my lord, I pray you to temper justice with
mercy.
Mr. Serjeant Guelee said that was the feeling of the
whole bench ; but, having given the case the fullest consi-
deration, they had come to a conclusion upon it, and the
sentence of the court was that he be imprisoned and kept to
hard labour for 18 months. _

Prisoner-1 did not expect so severe a sentence as that.

THE ALLEDED ARREST OF HAYHt —We (Free-
man's Jon rnal) are in a position to announce positively that
the statement of the capture of Hayes, the alleged mur-
derer of Mr. Braddell, which we copied from our llligo COQ-
temporaries, the Champion and Chronicle, is entirely with-
out foundation. The opinion is generally entertained by
those whose province it is to be well and accurately informed
on such subjects, that Hayes is still either in the county
Tipperary or Limerick. _ .

MELANCHOLY ACCIDENT.—YeRterday an inquiry
was held at the Victory Tavern, Nelson-street, Bethnal-green,
by Mr. H. Baffles Walthew, the deputy coroner for East
Middlesex, respecting the death of William Godwin, aged
eight years, who lost his life on Friday last, under the fol-
lowing cireumstanoes :--Mr. Paul Balms, 7, Saville-row,
Mile-end-road, said that be was driving a tax-cart, on the
day in question, through Slater-street, Shoreditch, when he
saw the deceased run from behind a railway waggon, the
back of which he bad been riding on. Before he (witases)
bad time to pull up the boy was knocked down by wit-
ness's horse, and thrown under the wheels of the cart,
which passed over the unfortunate deceased's neck and
head, fracturing his skull, and ibilict4ig severe injuries on
other pert; of his person. Mr. Burnett, M.8.C.8., mid that
the boy died from the effects of the injuries inflicted. The
'try returned ► verdict of " Accidental death."

Wire MURDER IN NORTOLK.—NoRwicIi, TUIR-
DAY.—This afternoon, Mr. Press, the coroner for Norfolk,
commenced an inquest at Deopham, in that county, on the
body of Ann Reynolds, who bad been killed by her husband
having beaten her with his fist. It appears that the pri-
soner, when apprehended shortly after he had committed
the fatal attack, said to the policeman who took him into
custody, " I know I did it ; lam sorry for it, but I shall
soon be with her agile." He was quite sober when he said
this, but as he appeared in a very depressed, melancholy
mood, he was watched very closely until his removal to
Norwich Castle, as there was reason to fear that he would
commit suicide: It appears that the prisoner, whose name
is Robert Reynolds, and who is • labourer, 38 yeses of age,
bad been red by his landlord for some arrears of rent,
which he said been paid by his wife, to whom he
given the money for the purpose of meeting the claim.
He called his wife to prove his statement, bat she failed
to support it, having probably applied the cash to some other
purpose. This ciroumatance greatly incensed the prisoner,
and he commenced beating the woman violently. She fell
down insensible before he desisted, and was then carried
home, where she wee attended by Mr. Tallent, surgeon, of
Hiegham, lint without effect, the blew she bad received
having, it is understood, produced a fatal extravamitioo of
blood on the brain. The prisoner was brought to Norwich
Castle on Moods having been taken before Mr. W. R.
Curs, and re for farther marninetion. The result
of the airy to-day had not transpired when our parcel
was