The Express.
London, England, 1852-07-26 00:00:00

CafTm Alna.—jtcrok-il;a1:01- zirr Jrrnra

Isaac IVlseatley, 21, a good-looking young countryman,
was indicted for a felonious assault upon Sarah Boniface.
Mr. Cobbett prosecuted; Mr. Johnson was counsel for the
prisoner.
The circumstances connected with this case were nt rather
a peculiar pasture. The prosecutrix, who described herself
as a widow and fifty-two years old, but who, from the loss
of her teeth and her very decrepid general appearance,
might very well have passed for being at least twenty years
o.u.r, it appeared resided at the village of Slaugbam, in
this county, and about eight o'clock in the evening of Sun-
day, the lOth ut April, slot was on her way home when she
came up to the prisoner, who was very lunch intoxicated.
Ile and his mother resided in the same village with her, and
the prisoner, as she was passing him, accosted her, and said,
"Is that you, Bonny:" She, in reply, said that he
was a bad boy, and he then told her he was
going home, and mid that they would walk toge-
ther. They walked along for a short distance
when the prisoner put fits arm round her neck.
She asked his to remove MS arm, but he would not, and
they walked along for some distance in this position, and
as they were passing the National School, Mr. Martin, the
master, opened his door, and she told the prisoner again to
remove his arm, and said Here's Mr. Martin, and he'll
see us." The prisoner still refused to take his arm away,
and, in spite of her resistance, he succeeded in kissing her.
They then walked on, and alter a short time the prisoner
be came very rough, and, according to the statement of the
prs,eeutrix, he at length threw her down into a ditch and
with great violence committed the act imputed to him by
the indictment.
Upon being cross-examined the proaecutrix said that she
passed several houses, but did not give any alarm or call for
assistance, because she could not for a moment believe that
the prisoner meditated such an outrage upon her. She
also said that she had been for some time " keeping com-
pany" with a man named Isted who it appeared was thirty
years old, and that a brother of this person came up after
the transaction had taken place. She denied having said to
the prisoner that if he was any thing of a chap he would
offer her his Armand see her home, or that she had said
upon any other occasion that if Isted had not compelled
her she should have brought the matter forward.
From the evidence of other witnesses it appeard that
upon their, entwine to the spot they found the old lady very
much em ited and alarmed, and with her bonnet crushed and
her clothes very dirty. She complained of the prisoner's
conduct, and begged them to take him away from her.
One of the witnesses stated in cross-examination, that he
did not hear any noise until he came rather suddenly upon
the parties, and then the prosecutrix began calling out
"Oh Lord, oh dear."

Mr. Johnson, at the close of the cane for the prosecution,
addressed the jury fur the prisoner, and said, that but for
the very serious nature of the charge, he should almost
have been inclined to ridicule the idea that a young man
like the prisoner could have committed such en act upon a
toothless decrepid old woman, who might very well be his
grandmother, so far as age, he was sure, was concerned.
He said ho was not in a position to deny that something
had really happeutil between the parties, but he submitted
that it was clear from all the facts that had transpired, that
the old woman had consented to it, and that upon toted,
the brother of the man with whom she had, as she said,
been kieping company, coming up, she had, in order to
escape the *caudal of the village, preferred the present
charge.
Mr. U. Martin, the master of the National School at
Slaugham, was then called as a witcess for the prisoner, and
he said he was standing at the door of his house on
the evening in qaestion, aryl saw the prisoner and the pro.
arestrix going in a direction towards the residence of the
latter. He opened his door suddenly before they
saw him, and he observed that the prisoner had
sue arm round the neck of the old woman and the other
' in front of her person, and it appeared to him that
she rather eneourapcd than resisted his embraces. The
prisoner hid his face towards the face of the pmsecutrix, as
! though in the at of kissing her, while they were passing,
and when he moved his lace sail she saw him, she ea-
' claimed, " There, be quiet, Mr. Martin will see as." They
then walked nn, and the prisoner appeared to kiss the pro-
: aecutrix several times, and there appeared to be no cam-
' plaint or resistance ea her part. The prisoner appeared to
he an tipsy that he was of opinion the promeutrix could
easily have got away from him if she had desired to do so.
By Mr. Cobbett—ale was not examined before the ma-
i pistrate on behalf of the prisoner. He was not summoned,
I but a message wee sent to him from the magistrate request-
ing his attendance, but he could not go without the penal,-
: Mos of the rector, and when he applied to him fur his per-
mission he refused it.

The Lord Chief Justice--Then he most scan,lalon•ly neg-
lected his duty. What right had be to prevent you from
going before the magistrate and giving your evidimeo, and
{has act himself shire the law ? Such conduct is highly in-
decent sad improper, and if this gentleman had twen brie
I should have rustle some observations upon it which would
not liare been at all agreeable to him.
I■ stoma to other questions, the witness said that the
I friends of the priwaer peered him to go before the aegis-
I testa sad elate what b• had sees.

The Chief Justiet—And did you state this to the rec•
for ?

The witness said liediil ; but ho still refused to allow
him to go.
11w Chief Justice—Tin n I hope he understands his
own slaty better th in he dors his duty to others. Ile then
inquired the name of the g, nticmin aho had acted in the
war desei 'bed ?
'the witness said it was the Ii e. Mr. Sergison.
His lordship, in summing up, said that whatever view
was taken of that case, it was impossible not to lament most
deeply the state of debasement and ignorance, and want of
all proper feeling, that could permit a young man to
commit such an act as this upon the person of an unfor•
tousle deerepid old woman, such as the proseeutrix
appeared to be. The prisoner hail now been in gaol three
months, and he did not say this in any way to influence the
jury in the verdict they were about to pronounce, but to
found this further obaervation upon it, that it appeared that
the gentleman who filled the position of rector of this and
the adjoining parish, and who had the care and instruction
of the inhabitants, had thought fit in defiance of the request
of the law, to say that a men who was under his control,
and who was, he thought, very improperly so, should aot
obey the request of the magistrate, and go and give evi-
dence before him. If Mr. Martin had been summoned,
it was possible that the magistrate might not bare
committed the prisoner, or at all events would have
admitted him to bail, and thus bare prevented him from
suffering for three months the contamination of a gaol, but
the rector had chosen to set his dignity against his duty,
and had refused to perform • common act of charity to his
neighbour, by allowing hint to go and give his evidence on
behalf of the misouer. If the gentleman had been pre-
sent, lie should have made use of stronger language with
regard to his conduct, and, setting upon that beach, he felt
it to be his duty to make such observations upon an. man,
whatever might be his station, who dared to set
above the law. Ile would never allow any man to do so,
and he hoped that what bad taken place on the present oc-
easion would bo • warning to the reverend gentleman him-
self, and others, in future.

The jury retired to consider their verdict, and in about
an hour they returned into court, and said they were not
likely to agree, and they wished to know whether they
could find the prisoner guilty of a common assault ?
The Chief Justice told them they cou.d not do so. They
must either hod him guilty of the felony or acquit hint
altogether.
They. then again retired, and shortly afterwards came
back with a verdict of fienfty, but recommended the pri-
soner to mercy.
The learned Judge sentenced him to be imprisoned and
kept to hard labour fur one year.
John ifejiAcine, 25, was charged with a highway robbery
with violence upon Thomas Martin. Mr. Waller prose-
cuted; Mr. Creasy defended the prisoner.
It appeared that the prosecutor was a fusser, living at
limited Keynes, in the neighbourhood of Forest-row, and
on the Bth of April ho bad been to a sort of sheep lair at
that place, and dined at the Bwan:lon, where he received
a sum of money from the owner of some sheep he had
taken in to graze. 'laving enjoyed himself during the
evening, he set out about ten o'clock at night, In company
with a urger who resided in the same neighbourhood, to
walk home, and when they bad got to within a short dis-
tance of their home the prosecutor bad occasion to stay be-
hind for a few minutes, and while he was in the act of walk-
ing on to rejoin his friend he received a tremendous blow on
the head from a bludgeon from some one behind him,
which felled him to the ground, and rendered him insen-
sible, and while he was en this state his pockets were rifled,
and two 51. notes of the Rye bank and some silver stolen.
The charge was clearly brought home to the prisoner by
eircumetantial evidence. It was shown that he was at the
Swan while the prosecutor was there, and saw the money
to his possession, that he followed him soon after he left the
house, and that his footmarks were distinctly traced from
the spot where the robbery was committed to the prisoner's
cottage. In addition to these facts both the stolen notes
were traced to the possession of the prisoner, and when he
was token into custody the sleeve of his coat and also his
ehitt were bloody.
The jury without any hesitation returned a verdict of
Guilty, and the prisoner was sentenced to be transported for
fifteen years.
This case concluded the business of these assizes.
MIDLAND CIIICUIT.—COVENTRT, it'LV 24.

Mr. Baron Alderson opened the commission here, yester-
day afternoon. There were only fourteen prisoners for
trial, and they were disposed of today. The cases presented
no facts worthy of public record.
WARWICK, JULY 24.
The same learned judge opened the commission fur these
assizes, at six o'clock, when the business of the court was
adjourned till ten on Monday morning. The calendar, on
the whole, prevents the names of 42 prisoners, '22 of whom
are committed for offences perpetrated in the borough of
Birmingham. The charges include three for attempted mur-
der, live for cutting with intent to do bodily harm, three for
manslaughter. The others include burglaries, rape,unnatural
assaults, robberies from the person attended hy violence, and
the remainder are eases of less importance. The cause list
will, it is supposed, be very light and uninteresting. It is
reported that the case of the Baroness Von Beck, who died
in the hands of the police in Birmingham, will be traversed.

NORTHERN CIRCUIT.-DCRIIAM, JULY 24.

The commission of amiss for this county wu opened to
day by Lord Chief Justice Campbell and Mr. Justice Wight.
man. The civil and criminal business will be precei dcd
with on Monday. ThP calendar contains one ease of wilful
murder, 1 burglary, 1 housp-br. aking, 1 cutting and wound.
ing, 3 highway robbery, 1 felonious *insult, 1 assault with
intent, 1 pePt.offies rubbery, stealing from the person, 5;
bankrupt embezzling personal property, 1; common lar-
ceny, 7 and uttering bane coin, 2.

THE POLICE COURTS.
MANSION-HOUSE.

On Saturday Sir R. W. Carden eat &it hours in the in-
vestigation concerning a company called in one prospectus
the Australian Gold Company and Emigration Com-
pany," capital 100,0001., in shares of 41. each, to be paid
up without further call or liability. There was another
prospectus which designated the company all " The Aus•
tralian General Mining and Emigration Company." The
former prospectus gave a list of high names, with that of
Lord lialwolth at the head of it; the latter gave no names
at all. The investigation had been commenced in the early
part of the week, upon the representation of Captain Lean,
the government emigration agent, who appeared before Sir
Robert W. Carden for the purpose of stating that a num-
ber of poor men, who were about to emigrate to Australia,
had been defrauded by certain persons who bad °Nees at
No. 0, Austin-Irian, of money advanced as passage money
in the Camilla and other vessels.

The justice room was crowded with gentlemen connected
with the Stock Exchange, and others who were interested
in the proceedings. Lord Kilworth and some of the other
gentlemen whose names were mentioned in one of the
printed humbug lists, and who, as it afterwards appeared,
knew nothing whatever of the company, were in attendance.
Among them were Mr. Ris.ton Reed, Major Hawker, and
Mr. llswson. These gentlemen had been summoned to at-
tend in consequence of the issue of the prospectus which
mentioned their names.

Subsequently Henry GraAans Montague, who appeared
to be the acting manager of the concern, and C. J. Trope,
kyoung man who seemed to ha acted under the control of
ha.. acted
Montague, were put to the bar upon the charge of
having cheated and defrauded the emigrants.
Captain Lean, having stated the particulars of the accu-
sation, called the following witnesses:
John Jones, of Deletes, lately a fireman in Cbingford, in
Essex, said—About the 23rd of June, es I was passing along
Austinfriars, I saw a board at No. 6 relative to the Aus-
tralian Mining Company and Emigration. I went in and
saw a Mr. Tripe, and two gentlemen and two boys. The
were all seated as if they belonged to the office. I said I
wanted places for three or four in the second-class cabin for
Port Philip. Mr. Tripe said they would take 31. or 41. off
if there were four or live of us ; and he told me the ship in
which we could go was called the Camillo, and wan lying
in the West India Docks, and a friend of mine and I went
down to look at her. We were to pay 221. instead of 251.
each, and I said I thought I could produce six passengers,
including myself. We saw the first mato of the v, met,
who said to oar inquiries, " Yes, I believe the ship has
been looked at by the Australian Gold Company." On the
26th we went again to the office, and saw Mr. Tripe, who
said he would take the 41. off the charge at any rate.
We were then handed in to Mr. Montague and a stout
' gentleman, who said to Mr. Montague, "It's too much to
take off." Mr. Tripe then came in and we agreed to pa
for four of us 111. each down and a balance of 111. each
upon our embarkation. I paid Mr. Montague II!., who
signed this receipt in my presence and gave it to me. Mr.
Tripe counted the money and put it in the drawer. I said
to them that I hoped the company was all right. "Oh,
yes," said they, . no fear of that ; the directors aro all re-
spectable gentlemen." The bill which was handed to me
stated that the passengers should have a pint of porter a
day and a bottle of wine a week. I afterwards called several
times at the offices, hut 1 saw only a couple of boys ; and
when I asked them about the business, they taid, " Well,
there is a company, and they sit upon Tuesdays and
Fridays." I was told, upon further inquiry, that Mr. Mon-
tague was at Bristol, but I was informed by • friend that
Mr. Montague, to whom I had paid the money, was in pri.
1 son. I ascertained that such was the ease. I had been in-
I formed by Tripe that the .es ei was to sail between the 15th
and 20th of July, and I was prepared to pay the remainder
of the passage money. I have since demanded a berth on
board the Comilla, and have been refused it. Some minerals
were shown to me by Montague and Tripe.
James Abraham Thorne, of Camberwell—l am 161 years
old, and was engaged by Mr. Tripe as a clerk at ho. G,
Anstinfriam, the Australian Gold Mining and Emigration
Society. There were two other boys engaged as clerks.
There was no book kept there except a call book, in which
'ha names of people who called were put down. There
were bills inside and outside the office, in which the names
of ships for Australia were entered. I have seen Captain
Smith three or four times in the one*. Montague and
Tripe sat in a private room called the board room. I never
wrote circulars calling a meeting of the directors together,
nor do I believe that anything of the kind was done. I
have seen a good many gentlemen go in and out. (The
witness could not speak to the identity of any particular
person except Montague and Tripe.) I was in the office
ail weeks, but I received payment for ao more than two
weeks. Mr. Tripe, in answer to my application for my as.
lary, said I mast wait. (Laughter.) I have seen one or
two of the gentlemen who are Isere at the office. The office
is removed from 6, Aastinfriers, to Harp-lane. I believe I
was engaged for Mr. Tripe. I never went to the hank' es.
New it was stated that, although the 'proprietors sind the
company banked at the Commercial Bank, they were not all
known there.

The list of proprietors of the Australian Gold Diggings
Company, to which was attechid the oasts of Mr. Mon-
tague, as mincia:ogist, &c. &e., was handed up to Sir It.
Carden, who avid : I have ascertained that the WWII of the
gentlemen put forward in this list have been every one
used without their knowledge of the concern, or say one
connect, d with i', and there are several other impositions of
the kind passing terrors the eyes of the politic daily.
Mr. A. J. Brunton, stockbroker—l belong to the Stock
Exchange. My name has been used in this prospectus—
.. The Australian Gold Mining and Emigration Company,"
without my authority. I know nothing directly or indi-
reedy, of any of the minks concerned or named in it.
J. L. Durham (a !Kiy)—l was ingaged In tho service of
Mr. Montague at the faces in Austin-friars, about the 27th
of January last. There was then carried on there a com-
pany celled the " Gold Diggings Company." That company
was broken up in February, and between May and Juno the
" Australian and Gold Mining and Emigration Company"
was set up. Tripe came there to see Montague about a situa-
tion there. I have seen Capt. Smith there. Ile was under.
stood to be secretary of the company, at the time, I believe. I
never was paid my wages, with the exception of 24. &I.
1 hey owe me 171. or 181. There was no banker's for me
to go to, as far as I can recollect. I have seen passengers
conic to the oMee and pay down their money to Mr.
Montague and Mr. Tripe. I have seen 3Or. or 40r. paid by
persons. Many have been clamouring about their money,
and hove got it back. I do;not think any of the gentle.
men who called were aware that anything of the kind
was done.

Mr. Slaw, clerk to Messrs. Willis and Co., ship-brokers,
said—The firm are ship brokers to the Camilla' which is
destined to sail to l'ort l'hilip. I heard of the Australian
Company in question, and called at A ustin•friurs in conse-
quence of a letter I received from Mr. Tripe, and a.w Mr.
Montague there. Overtures were made to charter the Ca.
millabut were sever carried into effect. Neither Tripe
nor Montague was ever authorised to engage pukngen on
board the vessel.__

The prisoner Montague cross-examined the witness, but
the answers confirmed all the statements made by him.
Mr. James (lowland, of King's cross, was then called by
Captain Lean. He said that on the 26th of June he called
at Lime•strect, No. If, where he saw Tripe, who engaged to
ship his nephew on board the ship called the Medicis, for
l'ort Philip, and received from him 9!., the half of the pas.
sage-money. He did not see Montague at all, fur Hite had
seen that party he would have walked away, as he knew
something about him.
The ship broker to the Medicis proved that Tripe was
not authorised to ship any one on board that 'noel.
Alderman Caiden said he deeply regretted that the gen-
tlemen whose names hail been put down in the prospi nos
without their sanction, should have been subjected to the
annoyarce to which they must have been exnosed, by the
mere supposition that they were roiled up with such a con-
ceits. It gave him, however, the greatest satisfaction to
state publicly that there was not the slightest imputation
against any of them, and he was convinced they would see
that the course he had taken was calculated, not only to
bring to justice those who had been guilty of fraud, but to
fete from all suspicion those whose respectable names had
been used to pile facilities to this system of plunder. With
respect to the two prisoners it was his intention on a future
day to commit them for tnal, and he hoped the public
would exercise the utmost vigilance in dealing with mining
and emigration companies, particularly at such a time.
Montague, who was brought by habeas from the Queen's
Bench prison, was then delivered into the custody of the
sheriff's officer and taken back with a magisterial detainer
to that place of security, and Tripe was conveyed to the
Comptcr.