The Express.
London, England, 1846-12-19 00:00:00

Before Mr. Bullock.

Ponce EVIDENCE.—Thomas y, 26, was indicted
for feloniously receiving some knives, fonts, and spoons, the
property of Edward Tye, well knowing the same to have
been stolen.—The prosecutor is the landlord of the George
the Fourth public-house, Brampton, and on the night of
the 21st Nov. hit house was burglariously entered, and the
articles mentioned in the indictment, and some money and
other property, stolen therefrom. There was no proof that
the prisoner was in any way concerned in the robbery, and
the principal evidence against him consisted of the deposi-
tions of a police-constable, who had been placed, by order of
his inspector, at the time the prisoner and sums other persons
were confined in different cells at the police-station, in
a position where he could hear what took place between
them, and he professed to detail a long cnnversation word for
word, interspersed with the laughter which some portions of
it caused between them, mid which amounted, in point of
fact, to a confes-ion of the offence imputed to the prisoner.—
Mr. Ballantine, in addressing the jury for the prisoner,
charoc!etised the mode that had been taken to procurea con-
viction in this ease as 'Trod disgraceful find un-English.
There was not a tittle of evidence against the prisoner except
the pretended conversation and confession, which had been
obtained by placing a policemen as a spy, to notice what any
unfortunate plummier might happen to say in the
privacy of the cell in which they were confined ;
and he appealed to the jury whether it would be safe, or
satisfactory to their own consciences, to convict a prisoner
upon such evidence? He could not help expressing his
opinion that it was most disgraceful to employ the police in
this manner; and he said it was ridiculous to suppose that
any man could give a correct account of a conversation that
took place between three or four persons under such circum-
stances. Ile asked the jury [whether, although they had
heard the statementdeliberately read, they would undertake
to repeat half-a.doxen sentences of it ? Ile was quite sure
that he (the learned counsel) could not de so ; and he put it
to the jury whether they could safely rely upon the evidence
of the police constable with regard to this conversation,
although he had professed to give such a circumstantial de-
tail of, what took place ? He earnestly called upon the
jury to check the un-English and scandalous course of pro-
ceeding that had been adopted by the police in this
case, by acquitting the prisoner.—Nlr. Bullock, in
summing up the case, bnelly alluded to the fact,
that had been produced in evidence, and observed, in re-
ference to the proceeding at the police station, that, in his
opinion, it was one that ought very rarely to bo resorted to,
and the person who was employed to listen to the conversa-
tion ought to be a man of well-known good character, intel-
ligence, and probity, and whose testimony should be above
suspicion.—The jury, after deliberating for about five
minutes, returned a verdict of Not Guilty.
Swan Woaa, 19, was then indicted for feloniously re-
ceiving another portion of the property stolen from the pro-
secutor in the last indictment —Mr. Payne, for the pro-
secution, said that the principal evidence against the pri-
soner would consist of the statement that had been detailed
in the former case. He was, of course, not aware upon what
ground they had returned their verdict in that case, and be
would merely observe, .that U it wan given on account of
their dislike of the employment of the police as spies on this
occasion, he wculd remark that this would cost an imputation
of perjury upon the constable, who had merely acted in obedi-
ence to the orders of hie superiors. and he should feel it his
duty to institute a fur.her inquiry into the matter. If, how-
ever, they merely entertained a doubt with regard to the ac-
curacy of the ooastable, and returned their verdict in accor-
dance with that feeling, he might, perhaps, adopt a different
course.—The foreman of the jury raid they were of opinion
that they could not rely upon the accuracy of the constable,
as it appeared that he did not reduce the statement
to writing until three hours after it had been made.—Mrt
Payne said, that, as this was the case, he did not consider it
advisable to proceed with the present indictment.—A verdict
of Not Guilty was then recorded.

NEW COURT.
As OLD LONDON SKAILPER. - Betwixt Billington,
a feeble looking man, aged sixty-two years. was
indicted for having stolen on the 13th of °ember last a
pocket-book containing seventeen 101. notes, the property of
John Smith.—Mr. Ryland and Mr. Laurie, city pleaders,
prosecuted on behalf of the city authorities, and Mr. Dalian-
tine defended the prisoner.—Mr. Ryland stated the case at
considerable length ; the particulars will be fresh in the re-
collection of the public. The prosecutor had recently re-
turned from Australia, and on the 13th of October got into
conversation with two men, near Redford.square ; they
yisited several public-houses and coffee-shops, and in the
course of their perambulations the prosecutor called at
Smith and Co.'s bank, presented a bill, and in the presence
of one of the men received the notes iu question. They
*Ammar& went to Bernard's-inn Coffee-house, where they
were joined by the prisoner, and the man who paw
the rusticator receive the notes, and who called
himself Captain Hartley, said he would avail himself of an
offer made by the prisoner to lead him a sum, and he (the
captain) pretended to require a stamp. The prisoner said
he wesdd go and consalchia utto.ney, and as a security for
his return he left a pocket-book containing flash notes for
3001. ea the table. The prosecutor was induced to go with
the soi-olioant Captain Harley fir the stamp, and
to leave his pocketlatash containing real note% as a
security foe his return. When he got back, he found the
prisoner had gone with the pocket-book. He informed a
policeman of the robbery, as& the remit was the apprehen-
sion of the prise:oak by an cheer of the detective force.—
Me. Ballantine addressed the Pay for the prisoner, eontentl-
ing that the identity was not established, and that the city
authorities had acted midair?), in prostrating the ease. They
had suppressed evidence favmrable to the prisoner.—Henry
Parr was called. lie was potboy at Bernard's-inn on the
13th October, and remembers the three men coming in, and
he would swear the primmer was not one of them. CrOOl.•
examined : He supplied them with gin and brandy, which
was paid far by the proseenter. When witness left the room,
he suspected the two men, es they had " a simple-looking
comintmart"'with them, and he returned with the poker, as
*lto stir the fire. He did not suspect the prosocutor, although
he had never seen either party before.—Margaret Chapman,
barmaid at the Lincolnshire-house, want:ailed. She did not
think the prisoner was one of the men.—Mr. Ryland replied,
making some stringent remarks on Mr. Ballantine
for insinuating that the city authorities had with-
held evidence, when he was interrupted by Mr.
Ballantine, appealing to the Recorder, asking whether
he had said so t—Mr. Ballantine said, that his obeervatien
was, that evidence in favour of the prisoner had been
repeated sup.
, and he that statement.—The Recorder
hkretialemaise has been conducted with perfect propriety, and
such imputations are ill-founded, and utterly an
gentleman of the bar.—The Recorder summed up, astM:
taurietoit4nd the prisoner fining. A former conviedal !M.was then proved against him, for which he had
senteened,to 'even .ream' transportation, but the sentesten
was commuted to a lighter punishment. Subsequently he
had been convicted for felony, but the indictment was

..~::. ,

ignored.—The learned Recorder sentenced the prisoner on
the resent ocenton to fifteen years' transportation. The
convict protested his innocence.—This ease concluded the
business of the session.

POLlCE.—TzinespAy.

BOW-STREET.—A YOUNG HYPOCRITE.-17. Carrigan,
the lad who on the 7th inst. charged a boy named Wallace
with robbing him of 11. Si. in a coffee-shop, was charged
with stealing 21. from his father, Mr. W. Carman, a cab-
proprietor. It will be remembered that on a former owe '
sion the prisoner (then the prosecutor) said that his father
had been dead for some time, and that since his death he
had been in the employment of a farmer in Hertfordshire ;
that oncoming to London ho took a lodging at a coffee-shop
in Queen-street, and while he was taking his tea there on
the 6th inst. he was robbed by Wallace. Wallace was com-
mitted, tried, convicted, and sentenced by Mr. Serjt. Adams
to nix months' imprisonment. Meanwhile, Moore, the
beadle of Covent-garden market, obtained a situation
for the prisoner as errand-boy to Mr. Hughes, fruit '
salesman, and he remained there until Thursday night,
when his father, having with some difficulty traced
him, gave him in charge for stealing 21. The
prisoner's father stated Mat the prisoner had robbed
him of several sums of money from time to time, and on Se-
turday week he had decamped with 21. The whole of the
story he had told when giving his evidence was false. The
account given by Moore of the manner in which the prisoner
had posed his time was highly amusing. Having got the
" place," he had, by his steadiness and good behaviour, se-
cured the good graces of his master's family, and not only
used he to take his meals with them, but he read prayers
with them every evening. He could read and write well,
and was considered a very clever lad. He used to talk a
great deal about his deceased parents, and he was very
anxious that Moore should go with him " some day, when he
had time, to see his father's grave, in Paddington church-
yard." He said that his father had been a livery-stable
keeper, and was buried by a subscription of the omnibus
and cab proprietors and drivers with whom he was acquaint-
ed. However, on Su idayeveniog, after going to chopel, he
went out, by Mrs. Hughes's permission, to take a walk in
the Park, Where he met his father, and very unwillingly
consented to go home with him, but artfully contriving to
slip away, he returned to Mr. Hughes's, and said nothing
of what had occurred. He continued to do his work, and
read prayers, as before, until Thursday night, when his
father having " found him out," gave him into custody.—
Mr. Jardine left it to the father to decide whether he would
press the charge or not —The father said that if the prisoner
would go home with him, and promise to behave better in
future, he would forgive him; and the prisoner having been
with great difficulty induced to consent, and give the re-
quired promise, was set at liberty.
WORSHIP-STREET.—THe DISABLED SOLDIER.—W.
Cotton, the wounded soldier, whose case has excited so much
public commiseration, entered the court accompanied by his
wife and child, and communicated to Mr. Bingham that his
claims had at length been taken into favourable consideration
by the military authorities at whose instance he had under-
gone the customary medical inspection preparatory to his
enrolment on the list of permanent out-pensioners attached
to Chelsea Hospital. The limited allowance of eighteen
months' pay which he had already received, was perfectly
distinct from the pension granted upon the Chelsea estab-
lishment, and that it was intended as an extraordinary grant
from her Majesty's Bounty. Mr. Bingham expressed his
gratification that such a satisfactory turn had taken place in
his affairs, but said that his attention had been directed that
morning to some inculpatory observations which appeared
in • leading article of the Time., in which his case was inci-
dentally mentioned, and a distinct imputation made against
him that he was a person of unworthy character, he having
on two occasions deserted from his regiment, and been
thrice convicted of offences while serving in the army.—
The soldier, who appeared equally surprised and hurt at the
alleged imputations, assured the magistrate that they were
entirely destitute of foundation. The certificate in his dis-
charge papers would attest the fact that he left the army
with an unblemished reputation.—Mr. Bingham said that
he had himself seen the certificate of his commanding
officer, the authenticity of which had been placed beyond
doubt, in which it was stated that his character was good,"
and it appeared difficult to reconcile that fact and the subse-
qeent recognition of his claims to a permanent pension' with
the delinquencies imputed to him.—The magistrate then
handed over to him the amount of several additional sub-
scriptions he had received, for which the soldier expressed
his gratitude, and left the court with the intention of starting
immediately for Manchester, his native town, in obedience
to the directions of the Chelsea authorities.—The contribu-
tors of the following donations on his behalf, requested th.,t
they might be acknowledged in the newspaper*: " J. W.,
101. lls. ;" "A Lady, 11. ;. "Major-Gen. W. Napier, Go-
vernor of Guernsey, 31. ;" " A Soldier's Widow, 6s. ;" and
" Visitors of the Parlour of the Duke of Clarence, ower-
road, Islington, 175." The half of a 51. Bank note, No.
14,830, was also received for the poor-box of the court.
MARYLEBONE.—A DEAR RIDE.—John J'ardoe was
charged with having defrauded the Great Western Railway
Company, by riding a greater distance than that for which
he had paid his fare. The prisoner bad entered a carriage
at Swindon, having paid one shilling for a ticket from that
place to Shrivenham. On the arrival of the train at Pad-
dington the fraud was discovered, and, as the prisoner was
unable to pay the excess fare demanded, viz , eleven shillings,
he was given into custody. The prisoner, in answer to the
charge, said that he fell asleep, and remained in that state of
somnolescence until the train stopped at Reading; he then
thought that he might as well come on to London.—Mr.
Collard, Superintendent of the Company's Police, said, that
the accused was formerly a porter on the line, and that he
must therefore be acquainted with the regulations as re-
garded the offence in question.—The prig-ner was ordered
to pay eleven shillings, the sum claimed : in default of his
' doing so, seven days' imprisonment. He was then locked up.
WESTMINSTER. SENDING A CHALLENGE.— Mr.
Frederick Harrington Brett, many years a surgeon in
the East India Company's service, was charged with
sending a hostile letter to Dr. William Richard Basham,
priocipal physician at the Westminster Hospital. The com-
plaint arose out of the circumstance of the defendant having
been a candidate for the vacant office of surgeon at the West-
minster Hospital.—Tho letter containing the challenge
having been shown to defendant ; he at once in reply to the
interrogatory admitted it to be his writing. It ran thus:
44, Curzon.street, Hay Fair, Dec. 15.
' Sir,- -In a tsseq*eiwe of your tmwarnintable attack on my nth-ate
character at a public incling held at the board room of the West-
minster Hospital, on the 12th inst. I request you will arrange a meet-
ing in communication with my friend, Mr. Ashford, at your earliest
convenience. I am, sir, your obedient servant, Y. H. Duerr.
Mr. Burrell having inquired whether the defendant wished
to make any observation, Mr. Brett observed that be enter-
tained no !personal animosity against the complainant, but
having been informed that he had used some very offensive
and violent language with reference to him in the board
room of the Westminster Hospital, he had, as a military man
and a gentleman, considered it a duty to himself to take the
steps he had done.—Dr. Basham denied most strongly that
any observations that bad fallen from him on the occasion in
question were of a personal character. He had felt it his
duty to point out to the committee that the defendant was in
a particular psition, by nature of which a great objection
arose against him as a candidate.—Mr. Burrell inquired
whether he was to understand that Mr. Brett was satis-
fied with the statement made by Dr. Basham, that
his observations were not of a personal nature.—
Mr. Brett replied that his feelings still were that Dr.
%Ahem had spoken of him unhandsomely and unbecomingly.
—Dr. Basham declared that his observations consisted of a '
statement of facts, and he repeated that he had not
made any allusion of a personal nature.—Mr. Burrell said
he must require Mr. Brett to enter into his own recog-
nisances of 100!., and two sureties of 501. each to keep the
peace.—As too gentleman at the moment had only one friend
with hint, the magistrate expressed himself satisfied with
that person's entering into dou'ile the amount (1001.) with
defendant's own recognizances.—Mr. Burrell, addressing
Dr. Basham, as he was about to leave the witness-box, said,
" On your prt, Sir, I hope you will give me your word of
honour as a gentleman not to be provoked by any act of
defendant's to any hostile meeting."—Dr. Barham gave
the required promise.