The Express.
London, England, 1849-09-22 00:00:00

CENTRAL CRIMINAL COURT.

OLD COURT.-YESTERDAY.
Rims Ma. Buis Purr imp Ili. Arnica W3I.UAW.
AITANYTED EITOETION BT KILNS OP TUILIATINING

T. Smith, 70, and Harriet &nit*. 27. were indicted for
feloniously sending a letter to Sir Walter Rockliff Farquhar
and others, demanding money of them with menaces, and
without any reasonable and probable cause.
Mr. Ballantine was for the prosecution, and Mr. Bodkin
and Mr. Iludellestone were for the prisoners.
Upon the prisoners being placed at the bar, Mr. Bodkin
applied to the court to quash the indictment, upon the
ground that the letter which was made the subject of charge
was not* threatening letter within the terms of the statute.
The Court, otter hearing the learned counsel shortly
swots the point, said they did not think they ought to accede
to the application without further consideration.
Mr. Bodkin then said he believed his learned friend did
not intend to offer any evideace against the woman, end as
regarded the man It was his intention to demur to the in-
dietmenL
Mr. Ballantine said that he certainly, under the circum-
stances, did not fool himself called upon to press the case
against the female prisoner, and he would consent to her
being acquitted.
A verdict of Not Guilty was then recorded with regard to
the prisoner Harriet Smith.
A demurrer was then put in to the indictment on behalf
of the male prisoner, and Mr. Straight joined issue on behalf
of the crown.
Mr. Bodkin, is support of the demurrer, addressed the
court. He said the prisoner was indicted under the statute
of the 7th and Bth Geo. 4, cap. 9, for feloniously sending a
threatening letter, demanding money with menaces, end
without probable cause, and he should contend that the let-
ter in question did Inatome within the scope of that statute.
The letter, which was addressed to Mews. Berries, Far-
' quhar and Co., the bankers, was in the following terms
" Gentlemen,—You my that B. 0. N. will accede to the
terms proposed, and send part of the means to any place
which may be named. You would have had en answer yes-
terday, bat was prevented. If you act honestly by me, and
not by any means deceive me, or allow any spy is watch in*,
I will save you or perish in the attempt, though I hazard my
life in so doing (and must have means sufficient at my dis-
posal), without delay, or all will be lost. lam fully savored
that 20,0001. would not cover this horrid catastrophe,
which would not only stop your bank for a time, but p chaps
for ever, as the books would all be destroyed; the
match, the most dreadful and lest resource, has been con-
templated by the cracksman or captain of this most horrid
gang, which .1 fervently pray to be relieved from. I have
never yet, so help me God, done a deed I am afraid or
ashamed of, and the only way I can privately obtain means
will be the following:—At the London end of Kensington-
gardens, on the Knightsbridge side, there is a dyke eloped,
which divides the garden from the park, and a carriage road
where the roads meet as you have to ride or drive across the
bridge ; it is a short distance from the foot bridge where the
keeper remains in the garden. By looking up that dyke,
you will see large iron pipes, which convey water to the
park. A large elm tree stands between the park and the
garden, and there is sufficient room under the first pipe to
place a small bag. If therefore you will send amen you can
wallets in and lodge beneath that pipe 250 sovereigns,
unseen by mortal eye, I swear by Almighty God most
solemnly that the evil to which I have alluded shall be
averted ; if when ! have completed my task, and informed you
when all is safe, and denounced the villain', you will let me
have 2601. more, which, if God prosper me, I will repay with
gratitude, as 1 could not get into business for less then 6001
to obtain a respectable living. Lst the money be lodged to-
morrow, Saturday morning, by half-put eleven, but not one
moment sooner, and all shall be well with you • but if I am
at all deceived in any possible way, all must on your-
selves." lie should coetend that this letter did not contain
say menace or demand. It was merely a suggestion that if
money was given, it would be the means of preventing some
great calamity from occurring to the prosecutors, and
the alternative was not in the shape of a threat, but
merely that the parties must take the consequences upon
themselves. Mr. Bodkin then proceeded to cite the cases of
" Brk e. Carruthers " and " Hex. o. Pickford," avid at
some length went on to argue that the letter in question was
not properly the subject of a criminal indictment of this de-
scription.
The learned judge*, after sonic consultation, said they
should not feel themselves justified in deciding upon the
question of demurrer, and they suggested that it should be
withdrawn, and that the facts should be gone into, and in
the event f the decision of the jury being adverse to the pri-
soner, the point might be reserved for the consideration of
the judges under the recent act of parliament.
Mr. Bodkin accordingly consented to withdraw the demur-
rer and a plea of not guilty was recorded, and the trial pro
cooked.
Mr. Ballantine briefly stated the cue for the prosecution,
which was within a very narrow compass. It appeared that
the letter alluded to by Mr. Bodkin in his argument was
sent to the prosecutor, and communication having been had
with the police, a person was sent to place a bag containing
some copper and silver money in the place indicated by the
letter, and a policeman being set to watch, the prisoner,
and the young woman who was acquitted, were observed to
be sauntering about the spot, and at length the prisoner went
to the place and took out the bag, and handed it to his com-
panion, and they walked abut fur a short time, when the
constable went up to them and took them into custody, and
on the prisoner being asked to deliver up the bag, he told
the woman to give it to the officer, and accounted for its pos.
session by stating that he accidentally found it in the pipe
while in the dike for a particular purpose.
The jury relented a verdict of Guilty, but the point of
law being reserved, judgment was reepited.

THIRD COURT.—YESTERDAL
Rums MA. BULLOCK.
OBTAINING MONS! BY FAUN PIITINCIS. •
John Parry Henning, aged 66, clerk, Thomas Croton, and
Henry Roberts, were indicted for conspiring, with others un-
known, to obtain money by false pretences, with intent to
defined divers persons.
Mr. Robinson appeared for the tion ; and the pri-
soner Croton was defended by r. Parry; the prisoner
Roberts and Henning defended themeless.
Mr. Robinson in stating the case to the jury, said it was
one of very great public importance, and when the jury had
heard the ream* that be had to lay before them be thought
they would not have the slightest doubt of the guilt of the
elder prisoner; but with regard to the other two prisoners he
did not think there was that amount of guilt, if any, attach-
ing to them as to the eller one, they having only acted as
collectors to him, and it would appear had not partaken of
the monies obtained by them beyond what they were paid as
a salary. The learned counsel then went on to detail the
cireumstaases seasseted with the fraud, which will be best
archaised by the seidesea
Mr. Willies Jellhesee, a gentleman reeidieg at No. 12,
South Andleyarea, stated that early in Aped of the
present year sleek a the proceedings of the Animals' Friend
Society, with list of the plump, was left at his residence, and
a request for hit te become a submnber. The book set
forth a list of the maces, subscribers, and the committee of
the society, and others, being the names of numerous noble-
men, amongst whom were Lord Templemore, Viscount
Tesapletown, Admiral Vernon, and several others, sad also
acme gentlemen with whom he was persmally acquainted.
Be lilt out 10s. to be paid to whoever might cell for tt
should be be from home, and intending to become a further
subset ilia. It was solely in consequence of the influential
~amts that he saw, and more particularly that of a gentle-
man named Stevenson, whose name was attached to the
committee, that induced him to believe that the society was
the old one. He was cot quite certain who asked for the
money, but thought it was the prisoner Henning, whose
'igneous was attached to the receipt he received for the
money.
Mr. Thoe. Stevenson, surgeon, of Upper Gromenor-street,
stated that, having a book similar to that last alluded to sent
to hies, he requested an interview with Henning, who Wt.
cordingly called on him, and producing a book of the report of
the Royal Society, compared the two, and said that they had
been able, with their smell funds, to do more good than
them. Witness was much pleased with the prosperity of
the society ; and being mush taken with the very influential
names attached as subscribers and committee-men, he gave
the required subscription. He had
his name to be attacked to the affairs of the society, excepting
as a subscriber.
Cromexamined by Henning—l never authorised you to
use my name, and on have described me se an M.D. which
las act. I told you, if you could prove to me that the
committee was composed of respectable householders, I
wear ase my influence in forwarding the interests of the
moiety. I never saw you agate, after you had obtained the
enlleedidsa
These ether persona proved the payment of subscriptions
to OEMS sad Aeberts, taking a realist in Henning's bald-
w Tim won ell doodied la the society, thinking,
free number edialaestiel asses that were attached to
the report, that the misty wee the original one.
Jolts Murray, a bilatimaker, living at No. 403, Strand,
sad deaths primer Henning came to him, and entered into
an aeraagement with him to let letters and other tauten to
be directed there, and also put up a plate. " The Animals'
Friend Society" was put up. The affairs were to be carried
qn in that way until witness had a room to let. He never saw
any society or any one meet in committee. The only person
he saw was Ileaning,who left him some blank receipts to fill
up If any one called to pay subscriptions. Only once he
too k say
Mr. Ali 18, Strand, deposed to the Animals Friend
Society, of which Mr. Gomperta was manager, being once
held at his house, sad when Mr. Oompertz gave up the so-
ciety, the prim; Rennin came and wanted them to let

him egstinue the affairs of the society. Witness
any society or any meeting, and all they did was to receive
letters fee prisoner, the same as they bad for Mr. Gospel's.
Crese-examined by Heeniag—We would not let you put
up a plate, and told you if the imitates of the society was to
be carried on and we were to receive any subscription', we
mast have a proper set of books, and not a common penny
manwroadaa book, like Ms. Gamporls used for the seals of
Ids oodaly. (laughter.)
A um of widens% &alimentary tad otherwise,' was
slaw, lbo onbaanoe of which went to prove that, amongst
the monomials., made by the prisoner, and circulated in
written and plated reports, was the account of a meeting
held by the sommittee at the Duke of Cleavage, Southwark,
whoa the Oman sal two others, one of whose wee alibis-
wady head lo be • lonar living in a bask kitchen, bad
pond roooloodiso sonearolag the fleancial state .f the m-
oiety, awl the rapstof the resolutions were drawn up with all
the sand pow ; and subsequent inquiry showed that
no soak nwalai lad ever been held there, or that the ori-
el/SW Wee ems blows to the landlord of the house. The
books of the oadoty, in detailing the expenses, gave a ba-
lance-sheet, in which constables wen named as belonging to
the society, and the report of the coaso of cruelty they had
obtained convictions on.
An officer from the Commissioner of Polio. produced the
book kept at Scotland-yard of all the local constables sworn
is before them, and not one of the name given by the pri-
wow had been so sworn. He had made an application, but,
upon inquiries being made, the commissioners refused his
William Atkins, a constable connected with Covent-garden
market, whorls name was down as one of the engaged °n-
otables, said that he positively refused to have anything to
do with the society or the prisoner, who then asked him to
let him know if he had any eases of cruelty to report ; and
believing that it was a proper society, he teed him he
would ; that was all he had to do with it.
Prisoner, pnmpously—Have I not stea treated you ?
Witness—Yu, and Iyou very often. (Roars of laughter.)
Henry Thomas, secretary to the Royal Society for the
P ion of Cruelty to Animals, proved that on the 25th
of January last he was sent for to attend the Edmonton petty
sessions, where the prisoner wee under remand for obtaining
monies on behalf of the society. When taken in custody he
had not ony books of the society, but at the cadet the week,
at his re-examination, he produced bookecontaining minutes
of the !society's proceedings, made and entered on the pre-
vious year, end the magistrates, thinking the society a bona
fide one, dismissed the charge against the prisoner.
In cross-examination this witness said he had no prejudice
against the society, but had numerous complaints, from
persons who had been duped by the prisoner, thinking they
were subscribing to the original society to which he
belonged.
Mr. Frederick M , clerk to a stationer in Farringdon-
street, proved supplying the prisoner, on the 22nd January,
the period when he was under remand, with the two books
in question, in which the fictitious minutes were made.
Lewis Gompettz, a miserably dressed decrepid old Jew,
was called to prove that he was honorary secretary of the
Animals Friend Society, which was not quite defunct, and
that the prisoner bad not anything to do with the society.
Prisoner—Did you not ask me, in 1848, to find you two
committee-men, or your society would become extinct ?
Gomperts—No, I did sot; and the society is not extinct.
Prisoner—No; because you are the whole society your-
self, and have carried it on sr for two years. (Laughter.)
Yon have not given any account of the funds since 1848.
Gomperts—l held a meetieg in July, 1649.
Mr. Bullock—That has nothing to do with the case.
Horafiold, the officer to the Mendicity Society, said that
there was but one receipt in Roberts' handwriting, which be
admitted, but said that he had paid the money over to
Henning, and Croton said the same, adding that he was a
very bad man, and that he first knew him from his (Henning)
having lodged with his (Croton's) mother, and he was sorry
he had.
Mr. Richard Ferguson, clerk to the Mendicity Society,
who had got up the prosecution, said that he had discovered
that, between the year 1848 and 1849, the prisoner had re-
ceived
above 2161. He held in his hand a host of letters
from noblemen who had been duped most, thinking it was
the Old or Royal Society for the Presention of Greelty to
Animals that they were subscribing to.
Crouexamined by the prisoner—The noblemen whose
names you have down in your books all deny lumina given
you permission to use them ; and Lord Templeton said he
did not know of any other society but the Royal Society.
After some other evidence, is which it was shown that
the prisoner only hired a bedroom, and had no regular place
where the supposed society was carried on, the case for the
prosecution closed.
The prisoner Henning then, in a rambiing defence (in
which he heaped all species of abuse on the Mendicity
Society), endeavoured to show that Gompertz had relin-
quished his society, and that he was merely continuing it,
and had not committed any fraud.
Mr. Bullock having summed up,
The jury found Henning Guilty, and acquitted Croton
and Roberts.
Homing was then sentenced to 12 months' imprisonment.
In the course of the day the two men, Myers and Murphy,
who ware convicted yesterday, were brought up to receive
sentence.
Murphy was ordered to be transported for 7 years, and
Myers to 18 menthe' imprisonment and hard labour.