The Express.
London, England, 1852-07-22 00:00:00

THE EXPRESS

THURSDAY EVENING, JULY 22, 1852.

prosecutor Ant struck the defendant—that such was the
feet he was prepared with cl Wenn to prove.
Thomas Warns deposed that be was a cabman, sad, on
the night in question, drove the lady and the defendant to
/Arabi:lnd-grove. lie went on to give • version of Ike
affair directly at varieties with that given by the prosecutor.
lie made nut that the prosecutor was the aggressor, and
that be bad given a grossly untrue account of the yaw-
eatleta.

The my did not trouble the teemed to reply—they found
tie dodearatt Guilty of • commas assault.
The dinielant Judge, in as heilipeet manner, said it was
a met eliesiees ere of assault ender aggrav4ed eircum-
stuns& Tie defendant had inalesekrt hie eneeel to throw
all mete et diet et the prosecutor, tot the maned had acted
well, in nod ennying out his inehrustleee teethe, than
simply putt the question. Ile lad. bulb% shbanzed
perjury, he Ne ems egad doubt diet the cabana bed been
put into tho hoz to tell the most audacious falsehoods, and
to tell • menebously and preposterously absurd story.
Mr. Pony thought these observations of an excited and
eztraordiasey character. He would implore of the learned
judge to adieu= the case until ho was more tool, as he was
under excited feelings, and probably was about to inflict
severe punishment on • man for trim. con., an offence
which the court had no jurisdiction to try.
The Assistant Judge said he wee quite cool, and not at
all excited; but he should not be doing his duty to the
' etfice he held if he did not express his opinion when the
oath won so far disregard, d, that • perjured witue.a wa.
stuldushingly brought forward. Ile was nut going to
punish the defendant for trim. con., but for this assault;
and be thought it would have been better had the learned
counsel sat quiet and acquiesced in what he said.
Mr. Parry said he could not concur in any one thing that
had fallen from the court. Why was h.:, the edbluau cou,
mitted for perjury ?
The Assiatant•Judge did not care a brass button whe-
the' Mr. Parry COOCUTTI.4i in what he said or not. He then
went over the fact., and said it was clearly a case for im-
pri,ninent. The Kotence war that the defendant be
in the house of correction for three calendar
months.

Mr. Poland was instructed towateh the case on behalf of
Mn. Minor.

Joseph Browns, a constable of the 8 division of metropo-
litan police, was indicted for having assaulted Elisabeth
Smith, with intent to commit • rape.
Mr. Parry prosecuted ; Mr. Ballantine and Mr. Ribtoa
appeared for the prisoner.
The prosecutrix, a young woman about twenty years of
age, said she was living in the service of a I.dy named
Morgan, No. 6, Aberdeen-place, Maids-hill, in
the capacity of cook, and had done so fur the
period of ten months. She deposed :—Ou the 22nd
otiose I wee told by my mistress to go is No. 71, Finch-
ley-road, to fetch my young mistress home. I started at
about a quarter to 9. When I got to the Eyre Arms I met
a policeman, and asked him the way. Ido not know what
policeman that was. I inquired of him which was the way
to where I was going, but I could not learn from him ; but
he told me to go straight on along the road. I went on and
met another policeman at the corner of the same road. I
had seen him before. I inquired of him, and he told
me to go straight on through the gate, and I did so. I met
the prisoner at the comer of the same rood. I asked him
if he could direct me to 71, Finchley-road. He said I was
to go straight on through the gate. He said nothing more
then. I met him again directly afterwards, and he &skid
me if I had found the place I wanted. Ile min if I would
return with him through the gate be would show me where
it was or would Bud it fur me. I thought that was
very kind and thanked him. We weut through
''the gate to another gate and he told me to
go round • corner and see if it was there; if it was not, I
was to tarn back and tell him so. I did not find the num-
ber. sad went back to him and told him. Ho then said,
" Well, as it is not here, come on along with me." There
was then another policeman with him, but he said to the
prisoner, " Good night ; I shall meet you here at one
o'clock ;" and went away. The prisoner then said,
" Come along with me ; we will go and see if it is down
here ; it may be No. 7 down here that you want." We
went down to a house having that number, and as I was
going to ring he said, "Just stop a minute, and I will
tarn on my lantern to see which is the visitors' bell and
which the servants'." He showed alight and rung the bell.
lie said, " That wee the kitchen bell," aad I rang it. A
girl answered, and I found that was not the house
I wanted. Her name is Mary. She says she did
' not see the policeman. I turned round and went to
the prisoner, and told him that arm not the house, when
he said. come on, it may be on forward. We went on for-
ward, Ido not kow how far it was, but we turned to the
right, and went straight on. I told him I did not think
that was the way. Ile replied, " oh, it must be forward,
down here." We went on down till we came to a sort of
oval or bridge, when he put his arm round my waist. I
told him I meet make haste home. I said, pray let me go.
lie took me by the wrists and dragged me back to a gate,
where he pushed me down; that was a gate belonging to al
house nobody was livint:o. I got up again and begged of
him to let me go, but would not. told him my mis-
tress would be very angry if I did not get home. and
screamed. He then said he would murder me if I screamed,
and I was so frightened that I did not scream again. (The I
witness then entered into details which can not bogies's.) 11l
resisted, but he was too powerful for me. I lost my strength,'
but I tried to mark his fate. I could only lay hold of
his hair. When I tried to get away he made bruises
on my heads by holding me. I got away from'
him at last. I ran somewhere, but when Ido not know.
I saw a cab and I got in it, and told the man to drive me to
my mlstrele's. A lady, named Ward, saw me when I got
home, that was at hail-put ten o'clock. After I had seen
my mistress I went with my brother-in-law, who was sent
for to the station, and made a complaint. I gave a de-
scription of the rummer that night. lie was on his beat at
the time this 'catered. I saw him again on his beat, when
I was with my brother-in-law, and gave him into custody.
We went in a eab. A sergeant was with us, and! gave him
in charge to that sergeant.
The proeecutrix was cross-examined by Mr. Ballantine,
but the did not very her evidence in the least degree.
When questioned as to the identity of the pones who com-
mitted the outrage on her, she swore positively to the pri-
soner. It apps red that she was examined by a mimosa
named Allen, in the presence of a married woman, oa the
same night.
A lady,•named Ward, and Mn. Morgan, were examined.
They deposed to the fact of the girl having communicated
immediately on her arrival at home the particulars of the
attack upon her. Mrs. Morgan had become so alarmed at
her absence, that she herself took a cab, and went and
fetched her daughter, without waitiag until she returned.
Mr, Howlett, a surgeon, examined the girl on the follow-
ing Sunday. The offence had not been committed. She
was a virgin.
Mr. B illantine addr,ssed the jury with great earnestness',
and at considerable length. He said those who had got up
and conducted the ease had wilfully and deliberately sup.
pressed evidence • and if the coarse taken were adopted by
the jury, he would venture to say that the justice of the
country would become a scandal and that no man's life,
character, or liberty, would be safe. The girl was examined
by • surgeon, sassed Allen, on the night when she alleged
this gross ()steep upon her was perpetrated, and that sue-
ca was • witness before the magistrate ; but they had not
selllmfore the jury, and had Instead
WWI • geselleinan who examined her Ave days
afterwards. Why was not that surgeon celled I—why
was not the seramant who wont with the girl, not called ?
Why were 'ileums azanleed before the magistrates, now
purposely hat bask / It was • Wok, it was not English
and be Gotha net but mg that it was a course no
crown prilentwo If sue this. VIM would have taken.
In conumegabeg epee the girl's widths% be urged that her
story we. en barshethis the, druid of &thud wrt,ote-
Miss, owl seggosted that she ash* bath anenoted ito
memo buss, to bar millrosider Se bathed dos she had
been deer without leriagles the limb ghl bop% when she
hued that her mistress bed gess hit the dad bessoth
Wise the jolty nethilsd with the maser the bed she. hr
1411121:ghls. Pliguer• and be begged of them le gum%
sml rat meth% ere they for ,evcr Itheled the
simester reoposithis sae by lading him =. a
thaw aeasily to be moth and so difficult of re
Investor Cheatham. of the 8 division, and ether wit-
nesses spoke of the pthemer's character for morality and
propriety as excellent. He had been in the police
years.
The Assistant Judge very minutely summed cep, and left
the jury to say, first, whether they were se to the
identity of the accused, and secondly, whether they believed
the girl's story.
They jury retired. After a short deliberation they found
the prisoner Guilty, bat recommended him to many or se-
mutt of his former good character.
The Assistant Judge agreed with the Tordke-re diffi-
culty he had in actin" on the resialilleadatios Mths irry
was that the prisoner was • ho either, and
this offence while en duty. But he the meamweedSiiiii
be should have sent him to prison he else mearbe meet
aseuredly. The sentesee was that be be Ithmioned peed
kept to hard labour for four calendar easeidat.
The Assistant Judge said he knew the ream the wpm
who first examined the girl was not shads end he then&
the parties conducting the case wen ley jhollisil art
selling him.
The reason was not stated publicly.

MB POLICE COURTS.
MANSION-HOUSB.
_ _ -

ciftsia Liaa, R.N., the governesen wet,
assemsparmisdreielsome working melt of signer-
sees, been RR Robert W. Ceram, be the pur-
pose eau mettm of coneiderable pulls lateral,
epos w=aldappoea's mistimes wee kommakeeely re.
(Inked. More were preset at the tine sewed gentlemen
who won mid le be eloosets4 with deelgeolto Seeesiedem
The gemoosset meat Welly stew the elhoembeess
wader whisk he thweght It rteerneary is make a petite seer
=oft" 84"supLy°4111ae is tbs
gor°9ersoosa_ pas" Tt
the silos of *Mit ewe stated to be held at No. 6, assts.
frhieloodso pease the bad engaged sad partly paid for
their te Australia, at the once@ of the company, hi-
d amedfoki advantages it hold out to the Indus-
meg% bee& that they were the victims of a nefarious
freed ; that the owners of the Camald, thn vessel is which
=‘; WA they sew to sail to the land of promise, dis-
tal knowledge of the directors, eel one of the
otothe, who seeinv4 to he a Ica,lie eVer Met is the IBlllagt-
mM. eal bell gives Temple for the aeb, was imamate
of whioomentreet Prises. Captain Lasso von baring
the statemots of tke pose sew, west le the diem of the
moray mil made env Mit to 'bpi reeraatittajost
vie; Im dr Sit of the Amiss is So youpestus b•
observed the amino II • imilmas. wad amend
gestimea sioSsubb ; biestsic
asking tite herlii ISIS So ei

described to him had rendered neotemary, he was assured
that ono and all denied not only any participation in the
profits, but any knowledge of the °Nicer!). lie applied
by letter to Captain Smith, whose name appeared in
the prospectus under the bead of secretary to the company,
and that gentleman with great readiness came forward, dis-
avowed the secretaryship, and expre.sed his willineuers to
go before the Lord Mayer fur the purpose of proving •hat
he was no: connected with the scheme, and of reprrsentirg
that to the best of his belief the other gentlemen who were
named in the printed paper were not by any means
cognisant of the proceedings of those who had possessed
themselves of the money of the emigrants. Captain Lean
produced receipts for several some o money,. signed some
of them by the person now a prisoner in hector-street
Prison, and some by another clerk to the company, who did
not think proper to attend the Mansion House, although in-
formed of the intention of the complainants to appeal to
the City authorities.
- - _

- .
Sir Robert Carden—l believe that this prospectus has
been before the public fur some time, end that it has been
advertised in the newspapers. If such is the case I hold
that every gentleman whose name appears in it as a direc-
tor is responsible for all the money received at the office• of
the company, for the fact that no denial is publicly made is
an admission of responsibility. lam well acquainted with
the manner in which schemes of this kind are got up.
Two or three fellows contrive, by representations of &dean-
tages of some kind or other to be acquired by the sound
of high names, to borrow that sort of authority, and wiLit
in their more advanced stages the facts begin to appear,
and the directors are applied to tor fair play, e‘ory one of
them is sure to declare that his name and sanction have
been unwarrantably used, and that he knows nothing on
earth of the Ine.inese which he is accused of having mom-
' mended. Nothing requiems so much to be watched es the
conduct of those who are connected with the companies
which are starting up every day.
Captain Lean was happy to bear the alderman express
himeelt so decidedly upon a subject which well at present
exciting alarm of no ordinary kind. Daily complaints
reached him from various sources, so that no doubt could
exist as to the extent of the evil.

Hr Robert Carden—The tie which you bay, described
to me is one in which delusion has been practised for the
purpose of obtaining money, and I shall sift it toll., bottom.
Ckptain Smith wished to make an explanation as to the
use of hie name in the prospectus as secretary. He bad
nothing he solemnly assured the alderman to do with that
office. Ho had distinctly declared that he would sot act
as secretary, And he did not know who had published the
prospectus and placed him in it in that character. He had
every reason to suppose that the gentlemen named as
directors were wholly ignorant of the transactions which
Captain Lean bad so frequently denounced, and that the
blame lay with the person who was locked up in White-
eress-street prison, and the other individual who had been
acting with him in a subordinate capacity.
Sir R. H. Carden—Whom did you know then amongst',
those who formed the company ?
Captain Smith—l know the person just described as a
prisoner in Whitecrom-street, but I had a very different
opinion of him from that which I now entertain. I was
never at the offices but once, and when I was there I was
told that one of the gentlemen mentioned in the prospectus
AA a director was in the chair, and that the noble lord also
stated to he a director was present.
Sir R. W. Carden—How long has this prospectus been
out?

Captain Smith—About three weeks. It ham not to my
knowledge been advertised in the public papen. I think
it necessary for me to state that I cautioned the parks
whom I believe to be principally instrumental to these
tran.actions against committing themselves by taking
de ,nit •

Sir IL W. Carden—Well, then, you certainly appear a
secretary, and if you did not upon finding yourself, to your
surprise and indiguat,..in, represented as a character which
did not belong to you, write to the directors, and publicly
disavow the imputation, you are, in my opinion, in a state
of unthmiable responsibility as to all the pecuniary matters
in which the company is involved.
Captain Smith—l have, as the poor men knew, done all
I could to serve them. I have made every possible effort to
get back their money for them, as well as pleaded for them
as claimants entitled to receive recompense fur the inconve-
nience to which they have been subjected.
Captain Lean—l do not hesitate to say that Capt. Smith
lute acted in the way he has stated. I requested that he
would write to the directors, requesting their attendance
here, and I believe be has done so.
Sir It. W. Carden—Are any of tl.e directors of the Aus-
tralian Gold Company and Emigration Company present
There was no answer.
Captain Smith—l wrote to them, requesting their atten-
dance.

Sir R. W. Carden—How many persons were in the
board-room when you called at the offices?
Captain Smith—l understood from the clerks that there
were f.,ur. amongst whom was the noble lord and the attor-
ney's clerk.
Sir R. \V. Carden—How much money had been received
altogether ?
Captain Smith—l have no idea of the receipts.
Sir It. W. Cardea—Who was the cashier?
Captain Smith—l do not know; but I believe the clerk
alluded to did all the business, and that the directors were
not aware that anything of a dishonourable kind was
thought of in the concern.
Sir R. W. Carden—The money of these unfortunate men
has been fraudulently received. There can be no doubt of
that, at all events ; and the investigation which I as a ma-
gistrate shalt cause, will very probably not only prevent'
many future frauds of the same kind, bat bring to light
other iniquities.
One of the victims here stepped forward, and said that he
would not have ventured to leave his money at the dice, if
he had not been assured that it was to be deposited
in the hands of a company of respectability. It. felt bound
to acknowledge that Captain Smith had made every estrr
tion for his service, and had written in his presence letters
to all the directors, representing the hardship of the case.
Captain Smith—l do not believe that the directors knew
anything at all of the occurrences referred to.

Sir R. W. Carden—l shall grant summonses to all the
directors for Friday next, when I shall expect to have a
great tinny visit rs on questions of this kind. This may
turn out to be a much more onions affair than has been con-
templated—a system of plunder found, d upon such a basis
is fatal. Many a poor family has been placed in difileieties
in the attempt to procure for those who are dear to them
the means of taking the chances of a distant country for the
exercise of their skill and industry; and here they are de•
hided by the exhibitios of high names and characters into a
snare in which ►ll they have been able to scrape together is
swallowed. I hope we shall be able to Si the respon-
sibility.
The summonses were then issued.

Captain Lean said he had been instructed by the Corn.
missioners of Emigration to put the public on their guard
against the advertisements of a person named Flynn, who
had sent round printed bills, offering to enable men to get
out to Australia by a sort of Derby sweep at the rate of os.
a head.

Sir A. W. Carden—l shall be glad to meet with Mr.
Flynn. I understand he has given ont that Messrs. Mas-
terman, Peters, and Co., will receive defaults for him.
(Laughter.)

1 - Flynn's bill, detcribing the invaluable advantages of
dealing with him, was banded in to the alderman, who was
informed that Messrs. Mastcrman and Co. had heard with
astonishment that their name bad been applied to so extra-
ordinary a purpose without this ceremony of an introduc-
tion, and that they supposed it would be waeocessary to
disavow either account or acquaintance with the gentle-
man. (Laughter.)

W 501/411.181
Mr. Cellist, one of the relieving °Seen of St. Margaret's
and St. John's, Westminster, attended before Mr. Arnold
to make a statement with reference to a ease which appeared
in our impression of Tiieiday, imputing roes neglect to
wine person connected with the parish In refitting to afford
relief to a woman linking, as alleged, from illness and ex-
haustion, who, with her two children, bad been wandering
in the streets, and who were sent by the police to the work-
house.

Mr: Collin read a writ's* 'dewiest el the wsoasa's ea-
' reer for the last three or bur yasaa,Aan whisk It amend
that she and her two sitilems, 11 and 7 }mow, had
been chargeable to the Henna Er di.. Ons, 1848 ;
that she bore a very bad elmaster, ant had bees In prison
two or three times for theft sad drianomeel • that she was
removed in last March tot. illagant's end St leha's •
that she had freigneatly besa Wan the hosed, hat did an
Ertl deneas at getting her nu thing ; that *Le beard
I ar aphis. that she want li make the attempt, mid
the mon al Jaly to be a favourable
mamma given her els days' settee and discharged her
es the 7th, allowing her 6" sad ratios, upon leaving, and
Is. Id. per wash for three anon ; that in ending* to
she dimming at lb nand, the gibe sad the nom
Ind attended bone the hoard is Tuesday ; that the AM
tasgialmprensa mated by bar appeanan was as stand to the
tram, that she was ill, and that the mane of the
Ind not .:waist * amid amens when the
womaa and ehildres had hen sin to him hen thin it was
so manna that her AM MO trigaed,; ae she home
very noisy sad vision. and ansimmi Individual members
at the board is a mut asheesoakg manser ; that the die-
ing with which abs and her Whin had his. supplied es
leaving the haw had bees armed of; and that es the
beard from her riled in gin anything like sa
',Rawer', found It inswannia gee at the heti, they
letermined that eh* lade WM dmleedui is pt her own
living upon the allowed she resolved, bet that if she re-
quired it she must apply to the relieving Aker for casual
relief. . _

----•
A long conversation mined between the magistrate and
the relieving officer, which was brought to • close by
Mr. Amid, who eaid,—Having heard the whole of this
emitter, which is in some respects modified by the suspicion
of pretended illness, kis clearly shown that the woman
was in a state of absolute destitution, sinking haws want.
I can't help thinking that it was their bun en duty at the
workhouse to have given relief. If she lean improper per-
m, and does not make proper use of the allowuoe, it is
the fault of thou who know her character for trusting her
with the money. The duty of relieving distressed objects
lies with the parish authorities ; and if die had died from
exhaustion, I must repeat, the oossequenme would have
fallen seriously on them.

BUMP? AND CUNT! DOWN RMLWAY.—The
Mao ea* above railway woe, der the week eliding
isly 18, 1862: —Peessigees, 218.75. Id. ; sobeeripticen,
SU 18s. 11d. •; goods NA pares% Ifil. We. 4d. -Total,
Ilk. 34.6 d. For the wewoawakady 10, 1861 :—Pares
gees, 1931. 13e. 7d.; 611.; goods
awl wads, 431. Os. 1141. lis. Bd.