The Express.
London, England, 1853-04-04 00:00:00

THE CILARGE AGAINST A MERCHANT AND

OTHERS AT LEEDS.

This case was finally adjudicated upon by the
Leeds magistrates on Saturday. Mr. Bernard Eiscuatuck
and Mr. Thomas Steele, the manager of his flux mill at
Florivale, two of the defendants, who had becu bailed out
of custody, appeared in court at the time appointed, and
%Auk White, thu overluoker of Messrs. Wilkinson and
Co.'s mill, Hunslet, Leeds, was brought up is custody.
The Mayor, Messrs. Nell, I'awson, and other magistrates
were upon the beach.
Mr. &wisher& barrister. appeared for all the prisoners,
and et great length argued that the charge of stealing these
flax bobbins could not be sustained, and as to the fur-
, ther charge against MUM. EisenstuA and Steele, of
having received the bobbins with a guilty knowledge that
they had been stolen, there was nu evidence what-
ever to support it. As to a charge of conspiracy,
there was no evidence to show that Mr. Eisen-
stuck andthe others had combined and confederated together
either to commit • felony, or obtain these bobbins
from Messrs. Wilkinson and Co.'s mill. He admitted that
the prisoner White had acted improperly in giving his em-
ployer:a bobbins to Steele, who was an old friend of his ;
but as to Mr. &unstuck, who was • gentleman of high
character, be had merely sought to inform himself of the
best mode of spinning flax in England, with a view to
ordering suitable machinery, which he intended to send
home to Belgium ; and he denied entirely having employed
surreptitious means for procuring the information.
Mr. Neilson on the part of the prosecution, contended
that White bad committed a felony, and that the other
two defendants had received the flax hadbins with a guilty
knowledge ; the whole three of the defendants being to-
gether at the Go:den Lion lon, when White handed the
said bobbins to Steele, and when the latter gave them to hie
employer. In proof of the guilty knowledge of Mr. Eisen-
stuck, he said he received the flux, se he himself admitted,
from the werkpeorile of Messrs. Wilkinson and Co., end in
a state which he knew to be perfectly unsaleable, being
ouiy in the process of manufacture.
The Mayor, in giving the decision of the bench, said that
there was sufficient evidence to justify them iu sending
White for trial at the sessions, on the charge of felony, and
he would be committed. As to the other two defendants,
they were of opinion that the evidence adduced did not so
far implicate them in the transaction as to warrant the
magistrates in sending them for trial as guilty receivers of
stolen property. They would therefore be discharged, but
it would still be open to the prosecutors, if they so thought
fit, to prefer a bill of indictment spinet them, either for
conspiracy, or on some other charge. The magistrates had
come to the determination, however, of binding them over
to appear, either in the character of witnesses or otherwise,
on the trial of she prisoner White for felony. They would
be sworn as witnesses, and he should leave it with them to
give evidence •r not as their legal advocate might advise
them.

Mr. Steele and Mr. Eisenstuck were then sworn, and
aftcr answering one or two preliminary questions as to their
names, business, and residence, they were asked whether,
since their arrival in Leeds, three weeks airo, they had had
any communication with the prisoner White as to these
flax bobbins. Tis this question they both replied that, act-
ing under the advice of their legal adviser (Mr. Blaoshard),
they should decline answering any further question, us
they did not know what use might afterwards be made of
their evidence.

The justices then committed Spiels White for trial on
the charge of stealing the b3bbins and dee yarn. and or-
dered Mr. Eisenstuck to enter into his own recognisance in
the sum of 5001., and Mr. Steele in the sum of 2001., to ap-
pear as witnesses on the trial.