The Express.
London, England, 1864-09-28 00:00:00

MIDDLESEX SESSION&

(Before Yr. Serjeaot Geissler.)

James Carlo. le, and Joseph RIA.IIII, 21, were severally
indicted, the said James Carle, for stealing 41te. of wool,
vales 75.. the property of Joseph Baresdale sad othees
sod Joseph Robson for rewiring the same, well know* it
to have been stolen.

Mr. Metcalfe (instructed by Mr. T. Beard) prosecuted ;
Mr. Beet defended Robson (isetriir•ed by Mr. B. J. Abbott,
of Worsbip-street) ; the prisoner Carle, was undefended.
- - -

Although the amount of wool laid in the indictment ae
stolen was small, yet it formed pert of a series of robberies
which had been carried oie for a considerable time pest, and
entailing a lose of several hundreds of pounds in value
every year to the different wool merchants of Londoe.
There are but four places in Loudon ►t which Australian
wool an be legally resolved, viz., Yesan. Gooch end Conzene,
Meson. Browne and Eagle, the London Dock Company,
and Mr. J. Cooper, but notwithstanding, those firms and
public body have fou-A other porous dealing in wool to a
large extant and underselling them in the market. There
wu little doubt that the wool so obtained was the produce
of different robberies.

Mr. Metcalfe opened the case, from which it appeared
that this prosecution was instituted by Mesas. Gooch and
Commis, sod the prisoners were charged respectively with
stealing and receiving Ilbs. of wool only, the property of
i Ra.v.ndale and Co., who ware the members of the old firm
of " Pieklord and C 0.," and were employed in carting the
wool from the docks to the different warehouse., and it wee
daring snob transit that the robberies were committed, and
that to a very great extent. The process was • very simple
one. ;.arge numbers of boys and others go behind the rens, rip
open the bales, and having got out • handful of wool de-
camped with it to their homes, then filch more, keeping it
until it accumulated to three or four pounds, when it was
taken to Cohen's shop in Royal Mist-street, Robson being
his sqn-in.law, and Robson giving's.' his address, No. 2, Royal
Miatetreet. No. 4in the same street was also occupied by
Cuban as • wool warehouse. When the wool was received
at 1414, 2 it wu passed over the wall to No. 4, where it was
mixed e3th other wool, and thus detection was defied. The
fade of tha case. as would be proved in evidence, were that
a witness owed Blanchard was watching Oarlea, end saw
him steal some wool from one of Pieldord's vans, and he
went home with it. On the same day he saw Caries leave
his house with a bundle of wool and take it to Cohen's shop.
A detective officer named Underwood had been also watch-
ing him, and saw him tiro into the shop, and afterwards
Robson was seen to be in the act of potting the
wool into • scale and weighing it. Sergeant Foal.
get also went into the sbop, and the prisoners
were taken into custody and charged with the
offence. Sergeant Fonlger, on searching the shop, found a
piece of wool amongst some rags, and at the house No. 1 he
found a large quantity of wool of the same diecriptioa, and
having heard the evidence it would be for the jury to say
whether the prisoners were or not giulty of the charge.

Mr. Beet, on the pert of Robson, submitted that the he
dietment could not be sustained against him, and urged that
the case of " The Queen v. Wylie," decided by the Court of
Criminal Appeal, was "all fours" with this case, and he
contended that the mare act of patting the wool in the made
won not a dealing, for no dealing bad taken place. Even had
it been contemplated there might be a tome peleiteneice at the
last moment.

Mr. Metcalfe said that an unlawful possersios was quite
sufficient. The wool was actually taw out of the wrapper
in which it was taken to the shop, and pot into the buyer's
scale. The wool was in the buyer's scale, and there wss
abundant evidence that be knew the wool had been impro-
perly come by for the case to go to a jury.
Serjeast Casale° raid the prisoner Caries bad the
right to take the wool oat of the scale again if the price
offered for it was not considered to be sufficient. It did not
give Robson possession of it by its being merely put into the
scale.

Mr. Metcalfe said some of the wool found on the ledge
in the shop was a portico ofthat taken in by Carlos.
Mr. Beet said that was evideooe against him, but it ought
not lobe imported into this case.
. _

Mr. Serjeaut Gambles said Mr. Metcalfe bad given se
evidesoe of Robson being the owner of the shop, or of it
being his scale that the wool was put into. •
Mr. Metcalfe said that Robson wsa the only person found
there, and be was weighing the wool.
Mr. &rigout Geseke said he had shown no ownenhip of
the shop, but on the contrary, had carefully avoided
doing so.
Mr. Metcalfe—But still there is abundant evidence to p
to the jury.
Mr. fberjeant Geselee—But if you go to the jury you will
gain nothing by that, as I tell you candidly, if you do so, I
shall recommend the jury to acquit Robson.
Mr. Metcalfe suggested that, as the case of " The Queen
v. Wylie" had been decided after a previous appeal, in
which case a contrary decision was given, the point
should be reserved for de further consideration of the Court
of Criminal Appeal.

Mr. Serjeaut Cuelee mid he did not see any necessity for
'eliding the case to the Court of Criminal Appeal. Hir
opinion was very strong that there was no mos for the jury
to consider. He might be wrong, but be would advise the
jury not to convict, and juries generally took the law from
the judge. He then told the jar, that there was not suff
cient evidence of passearion with respect to Hobson, but it
was quite different as regarded Cartes.
The jury found Carla Guilty, and Robson Not Guilty,
- • .

A juryman wished to remark that, had it not been
for the strong ruling of his lordship, they coneidered there
was a very strong rase against Robson, and they should
have found him guilty.
Mr. Serjeant Quake (addressing Rohm.) said—You
hear what the jury think of you, and I ad►ise you to be
very cautious for the future.

Mr. Serpent Gaselee said although Caries bed avoided
detection be did not think this wee hie first offence, and
sentenced him to be imprisoned and kept to hard labour
for Wm months.

SECOND COURT.
(Before Mr. Pap».)

Ckorge Smith. 17, described u • seamati, was indicted
for stealing • bore, the property of Samuel Triads,ll.
Samuel Triudall said he was a eowkeeper, residing at
Hooterton, and on the 9th fastest he saw the prisoner put •
halter on the bore. Witness went up to biro, and stopped
The prisoner said he was going to take it to Mr.
Scott, of Old Ford.
John Farrow, police-mutable, 396 N, said be took the
prisoner into custody, when he said be Isms ordered to go
and fetch the hone.

The jury found him Guilty, and he was trantencod to 12
aikedar z.outhe hard labour.

J,,eeph wee placed at the har charged with steal-
ihg three emu, (elf pain el troweers, and other articles,
value 8/., the property a George Jarvis.
George Jarvis, a caechman, of No. 6, Bristol mows,
Paddington, said he left the prisoner in change of a stable,
sod when be returned he found the prisoner had absconded
with three coats, four pairs of troweers, and other articles,
value 81.

Several pawnbrokers assistants were examiced. who
proved that the prisoner pledged several articles which the
prosecutor identified as his property.
The prisoner here said he was very hard up, or be would
not have done it. }lethal pleaded guilty.
Mr. Payne sentenced him to 12 month/ hard labour.
Joint. Jamewa, 57, was indicted for stealing a coat,
value 3/. los., the property of Jobe Eqpt*, to which he
pleaded not guilty.
The Prosecutor said be woe a coachman, living at Brotnp.
too. On tin 12th instant, the net was safe in a stable, and
from what he was told he went after the prisoner and found
him with the °oat on him shoulder.

Patrick O'Conner. 58 B, said he took the pincer into
custody. and he denied the chance.
The Jury found him Guilty, and
Mr. Payne sentenced him to twit year's hard labour.

JAI' Rept°lds, 19, a labourer, wen indicted for stealing
a silver watch, the property of Charles Nicholl, from his
P. 0.. _ _

The Prisecutor in this use said he win looking at a mu
selling money—(laughter)—when he felt • tug. mud he
looked down and saw his chain in the prisoner's hand. He
seized bold of him and be was given into custody.
The Jury found him Guilty.
A previous conviction having been proved against him,
Mr. P.yne sentenced him to two years' hard labour.