The Express.
London, England, 1847-10-29 00:00:00

THE EXPRESS, FRIDAY EVENING, OCTOBER 29, 1847.

or:sonar. On the day ►e married Martha Ginger he told
her (the first wife) that he was going in the country to work ;
and after the fact of the second marriage ►ad reached her
she ascertained that for two years before he had been court
ing two sisters unknown to each other, and his manners so
fascinated their mother that she made him welcome to her
house and table, and be lived there for days together. At
length one of the sisters discarded him, an she had heard he
was a married man, and he, fearing a diseloeure,dmpped the
comapaadence with the other. The first wife had one child
by him, and he bed treated both her and it very badly.—
Prisoner admitted the truth of all this, but rid he had done
nothing but what wail " strictly right."—Sentence, 1 year's
hard labour.

CONVICTION or Two LONDON SHAIIPIIRIL—J.
40, grocer, and IL Cholme, 37, labourer, were indicted for
stealing 7 bank notes, value 61. each, 4 sovereigns, and a
Spanish doubloon, the monies of R. Scott. The prosecutor,
Scott, a mulatto, and a native of St. Helena, arrived in Lon-
don on the 2nd of Sept. as steward of the Prometheus steam•
ship. On the 4th he was paid off at Woolwich, when he re-
ceived nearly 501. as the balance of his wages. Never having
been in this country before, he made the hest of his way to
London, to see its most prominent features; and, after t-
rading the principal thoroughfare', he wended his way tie
Trafalgausquare, where the prisoner Saunders, in a counUr
mall's attire, asked him to be so obliging as to inform him la
whose honour " That fine monument was erected ?" Ts
which Scott replied, " The immortal Nelson," to the best of
his belief. Saunders said he rather thought so, but be •
countryman he was not certain. Saunders proposed thee
they should both proceed to see Buckingham Palace. On
the road Saunders proposed to take some refreshment at •
public-house; but the prosecutor objected, suit lookedneitheir
respectable norclean. They went to the Duke of York publie-
house, and had not been there long before Cholme entered,
who seated himself at the other end of the room. Cholme
and Saunders then entered into conversation, and Cholmc
said that he bad recently arrived from New York, having
come to this country to take possession of a fortune which
had been left hint, He had just, he said, returned from his
solicitor's, who had made him an advance of 401., and be
exhibited a green purse, which, to all appearance, contained
about that sum in gold. He said it was his intention to
spend that sum in the jolliest manner he could, as he had 1
the prospect of having as much money as he required. It I
wag then proposed that the trio should visit .tstley's Amphi-
theatre. Before they left the room, Saunders said it would
be better to secure their money, and accordingly he took out
his money, and having rolled it up in a piece of paper pieced
it in his fob, And Cholme followed his example. Scott then
took out his "real" money, which be rolled up in pver,
and Saunders volunteered to place it in the fob of his
(Scott's) trousers ; but instead of doing so be dexterously
contrived to put a packet containing tobacco, Be.,
in the fob, and put the money in his own pocket.
They all then left the house. When they bad
proceeded about twenty yard* Saunders suddenly re-
collected that his pocket handkerchief was left behind, and
he asked Scott to run back for it, Scott did; but on his
return neither of his companions were visible, and he was
then awakened to the truth. He instantly took a cab and
stopped payment of the notes, and then gave information to
the police. The two prisoners were found at Doncaster. Oa
their persons weve found a pack of marked cards, 4s. Bd.,
and 48 counterfeit sovereigns. When brought to London
Scott at once identified them as the thieves ; the landlord of
the Duke of York public.houso also identified them. The
person whom Saunders limed with stated that on the day of
the robbery Sounders was dressed exactly as Scott had de-
scrih.;d him to the police.—Mr. Payne, an the course of his
address to the jury, observed that any jury that would con-
vict his client (Saunders) on such evidence would be as
"green" as any prosecutor who allowed himself to be robbed
so easily and neatly.—A juryman interposed, and caused
much laughter by asking the learned counsel what he meant
by saying that there was anything "green" about either him
or his fellow jurors.—The Recorder briefly summed up, and
the prisoners were instantly declared Guilty. The sentence
upon each was, that he be transported for seven years.
Mr. Ballantine called the Recorder's attention to some
remarks he had made upon his (Mr. Ball.uttine's) conduct
in a case tried before his lordship in the other court, on Tues-
day, when he appeared to defend a prisoner. (hose re-
marks bad called forth some observations from the daily
press ; and had those remarks been either well founded or
justifiable the observations would have been just, and what
might have been expected. But as they were neither well
founded nor justifiable he begged to inform his lordship
that it was his intention to lay the whole matter before the
Inn of Court to which they both belonged, and take its opi-
nion upon his conduct —The Recorder said he should not
have allowed Mr. Ballantine to have made these observa-
tions. He had felt it to be hie duty to make certain remarks
upon certain matters, and he had only to say that he still
retained precisely the same opinion.

MIDDLESEX SESSIONS.
Before Br. serjeent Adams.
A SHIM Banturrint's CLERK.—In the course of the day
a lad named Denny was convicted of an assault upon a little
girl, and was sentenced to six months' imprisonment.
Soon after he was removed the prisoner's mother informed
the judge that she had paid for counsel to defend her son,
but no defence had been made. In answer to the learned
judge, the mother said she was standing in the hall when a
persou named Flanagan, who represented himself to be a bar-
rister's clerk, having ascertained that she was awaiting the
trial of her son, engaged to retain Mr. Horry to defend him,
and to do so she gave him four half-crowns, and agreed to pay
instalments of half-a-crown a week until 11. 2s. Bd., the full
fee, was paid ; and after that, at his request, she treated him
to • pint of half-and-half. He went away ; but soon after
returned with a gentleman, who retired to a room, and then
showed himself attired in wig and gown. She supposed this
to be the learned gentleman retained for her son, and that he
would of course defend him. However, it was 'no such
thing, for her boy was tried and condemned to six months'
imprisonment undefended. Under these circumstances, she
wished to know bow she was to get back her money.
The learned aerjeant said, that if all this was true, no
doubt there was ample ground for Flanagan to be indicted
for obtaining money under false pretences. He hoped she
would speak to Mr. Berry upon the matter, and ascertain
whether Flanagan really was or was not his clerk, and by
what authority he had dared to defraud her. if he found
that this was a true account, he would take care that the
proper steps were adopted to bring him to proper punish-
ment —Mr. Mellor called the court's attention to the
fact that only half a fee was paid.
Mr. Serjeant Adams: The position and the respectability
of the bar render it necessary that that position and re-
spectability should be maintaieed, but what did this poor,
ignorant, and duped woman know about counsels' fees or of
• barrister's practice ? Here was • man who, representing
himself as an authorised clerk to a barrister, had taken half
a guinea from a poor woman, on the plea that he
would retain a conned for her son. No counsel
had appeared in the case, but the money had been drawn
from the mother. Now, all he could say in the outset was,
that if this man really were a barrister's clerk, he ought not
to remain so a moment longer—if he were not, he ought to
be at once indicted for this offence. These poor people had
the same parental feeling as those who moved in much
higher station,, and their anxieties and desires to release
their offspring from any difficulty in which they were placed
were as acute and warm sa those of any other class. But
they were in a comparative state of ignorance, and conse-
quently, were easily made the dupes of designing men.
Their position then demanded that a degree of protection
should be thrown around them u a guard against these im-
positions. It was an accusation made in • public wart—
and, no doubt, if the facts, as stated, were not true, a public
contradiction would be given by Mr. llorry—asfar as he
was connected.

Mr. Mellor said the honour and dignity of the bar ren-
dered it necessary that these frauds should be exposed. There
was a system carried on, in cases where liberty and character
were at stake, which amounted to absolute wickedness. If
the mutt were to take this matter up with a view to its abo
titian, it was impossible to tell what amount of public good
would be effected, not only as far as the public were con-
cerned, but in connexion with the bar itself.
The assistant judge did not see any necessity fer the em-
ployment of attorneys at all to defend prisoners. By the
intervention of a judge, a poor person had often had the as-
sistance of concert without the interference of an attorney.
This was, however, a different ma•ter ; he entertained no
doubt but that Mr. /lorry would make an early statement
in answer to this charge against Flanagan.
DISPUTED . Holmes, G. Tekell, and C. Hardy,
were indicted for assaulting Themes Evershed. Oae of
the defendants occupied a house is Phconixatreet, Spital-
fields, the ownership of which was in dispute between biro
and the prosecutor. The latter proceeded, on the 16th of
August, to levy a distress for rent, but was opposed by the
defendants, who armed themselves with chisels and gun
barrels, and attacked the premeds, and his amistants, and,
a dog being let loose, fined itself upon the broker, who de-
scribed his position at that juncture as anything but plea-
unt. Wounds were inflicted, which were dressed at Bar-
tholomew's tlospital. The ease became very complicated,
in consequence of the introduction of the question as to the
prosecutor's right of entry.—The jury, after some hours'
deliberation, informed the court that seven were one way
and five the other, and that there was no chance of coming
to a decision. Mr. Serjeant Adams discharged them
without a verdict.

party.--Mr. Clark was recalled and said that the notes were
not in the prisoner's handwriting. but he believed them to
be in that of his wife.—The constable added that the prisoner
at first denied that he could either read or write, but on his
I arrival at the station-house he could do both very well.--The
prisoner was then charged with obtaining two sable muff,
one of them valued at 41. Lie. and the other 31. 15s.' by
means of a forged order.—Mr. J. Berneastel of 7, Great
Dover-street, in the Borough, harrier, deposed to the pri-
soner (who was in his employment about am years back)
calling about a fortnight since and delivering a note to him
which directed that two muffs of the value of from
41. to 51. should be despatched by the bearer for Mews.
Collins and Co., of Newington. Witness asked the
prisoner how long ke had been in Mr. Collins's em-
ployment, and he replied about nine months. Ile re-
pined that he had never observed him there, upon which
Russell said that he had often peen him (Mr. Berneastel) go
in and out of the shop. He allowed the prisoner to take
away the goods, and of course saw no more of them.—Mr.
Collins was examined, and prayed that the order was not in
his handwriting, nor had the prisoner ever been in h•s ser-
sioe.—The prisoner said that he had nothing more to say
than that he was guilty, and quite prepared to undergo the
punishment of his crimes.—Tho policeman said that the pi-
sorter had confessed that he pawned the muff,, one of them
for U. at Mr. Needes', opposite White Conduit-house ' • but
ho could not exactly say where he had pledged the other.
With respect to the one at Needes', the prisoner asserted that
he gold the ticket shortly afterwards to the pawnbroker fur
2s. 6d.—Ald. Musgrove said he should commit the prisoner
for trial, but remand him for the depositions to be made out.
With respect to the pawnbroker, he also must be summoned,
as (if the prisiner's statement was true) he had not acted
properly in first of all advancing 11. on a muff valued at
41. 1.55., the wholesale price, and afterwards purchasing the
ticket for the small sum of 2s. 6d.
DO W-STRERT.—Gasi nuxo TIMANSACTIONS.—A. TV.

Barr and C. Rafe were charged.with others not in custody,
with conspiring to defraud Mr. J. S. Kerie, a young
man residing in St. Christopher's, West Indies, of 1,4501,
whilst playing at cards.—A remand was applied for, but
which Mr. Henry declined granting until sonic evidence was
offered to authorise him in taking such a course.—Mr. Bur-
naby, the chief clerk, then read over the evidence upon
which the warrants were granted for the prisoners' apprehen-
sion : I met the prisoner Barr at Cremorne-gardens on the
15th of July lest, and went with him to a tobacconist's shop,
in Little Russell-street, Covent-garden, where I saw the
witness Lewis. I was induced to play at cards with them
and another man named Carter until I lost 30/., and on
subsequent occasions lost by the same means to the amount
of 1,4901. and upwards, Brewer and the prisoner It dfe being
present. The largest sum I lost on one occasion was 903/.,
aof which I paid. The prisoner Barr represented to me
that he was from the West Indies, and had estates in
Jamaica, and that he had come over to this country having
quarrelled with his cousin by whom the property was man-
aged —Lewis stated that he went with Carter and Barr
to Cremorne for the purpose of " fishing up a fir," and
whoever was first successful they were to meet at the same
place. They saw the prosecutor there, and subsequently
they met at the tobacconist's shop, having agreed to chest
him of all the money he possessed, which wee to be equally
divided. Oa another occasion he heard Barr say that they
had got 9001. from the prosecutor ; and witness being sent for
by Brewer to his house, 11, South-bank, in the Itegcnt'is
Park, the prisoner Ralf° was present, and they said they
had divided the 9001. between the four, telling him that
Barr had his portion, in consequence of which he followed
him to Gravesend and demanded it; but he refused to give
him any, and he came to the determination of informing
against them. In a short time after, he made a communica-
tion to the prosecutor. The cards they played with were
all packed, and while the prosecutor was playing, his atten-
tion being called off, witness changed the cards, by which
and by his dealing them in a particular manner, the
money was won.—Mr. Ballantine, for the prosecution, inti-
mated that the case would at a subsequent period resolve it-
self into a charge of obtaining money under false pretecces,
and it was questioaable if bail ought to be accepted under
such circumstances.—Mr. Henry was of opinion that the
charge upon which the prisoners were apprehended was
bailable, and es it was upon such they should he indicted, lie
should order them to find sureties themselves in the sum of
5001. each, and two sureties in the sum of 250/., to appear
again in a week.
WORSHIP-STREET.—Misrmnrer OP AN Ossemrs
CONDI:CTOIL.— T. Witham", the proprietor and driver of a
Hackney omnibus, appeared before /dr. Arnold to answer a
complaint preferred against him by Mr. J. Wilson. The
complainant stated that on the morning of the lith instant
he got into the defendant's omnibus at Homerion ; it pro-
ceeded at a fair average pace until it reached Ilackney, when
it came to a sudden stop, and remained there for upwards of
twenty minutes. Witness and the rest of the passengers re-
peatedly remonstrated with the conductor, who at first took
no notice of their complaints, but ultimately expressed his
determination to stop until • full half hour had expired.
Witness attempted to make his way out, but was forcibly
prevented by the conductor, who thrust his hand off the
knob, and deliberately kept the deer closed with a side strap
so as effectually to preclude his egress. Witness repeatedly
struck the man's knuckles with his umbrella, but the handle
dew off, and finding that means ineffectual to procure his
liberation, he at length, at the instigation of his fellow-pas-
sengers, cut the thong and attempted to descer.d, but was
prevented by the defendant, who placed his hands against the
peed of the door and held it fast. Wane., at the same time,
kmight his whole weight to bear against the door from the
inside, and whilst doing so the conductor suddenly let go
the door, and witness was precipitated head foremost into the
reed. 'l'he only notice the conductor took of his descent was
by a loud burst of laughter. In answer to the charge the
&indent acknowledged that he might have stopped longer
than he was authorised to do on account of the opposition
he had to contend against, but disavowed altogether any
paslicipation in the alleged misconduct of his conductor.—
Mr. Arnold said that a most unwarrantable outrage had
been committee, and had the conductor been brought before
him to answer for his share in the transaction he should
have visited him with the severest punishment he had the
power to impose ; but as the defendant himself did not ap.
pear to have taken any part in the actual violence, he could
only movie him of loitering upon his journey, and order
bin to pay a penalty of 20s. and tke coats, or one month's im-
prionnment in default.
MARLBOROUGH-STREET. ASSAtLT ON THE
POLICE HY a LAWYER.B CLERK. —J. Phillipson, a soli-
citor's clerk, was charged with being drunk and assaulting
police-constable Metcalf, C 133.—The complainant said that
that morning he was on duty in the Haymarket, when he
saw the defendant leaning against a door in a state of intoxi-
cation. Witness told him that he could not allow him to
stand there, and requested bins to go home. Defendant
turned round, and, putting himself in a fighting attitude,
attempted to strike. Complainant avoided the blow, and
the defendant kicked him with great violence. Witness
added that he did not think the defendant kicked him put-
powily.—The defendant said he had not the least recollec-
tion of what had transpired, as he was very drunk at the
tow. He trusted the magistrate would be as lenient as he
soold towards him. He was willing to make say recom-
pense, or to pay any fine the magistrate might impose upon
hiat.—Mr. Hardwick, said he had a great mind to send him
to prison at °ace, but as the officer had stated that he
thought the kick was not intentionally given he should fine
hiss 51.,
or in default to be imprisoned fur one month in the
Howe of Correction.

THAMES.--Curroro AND WOUNDIND.—A. Green was
re-examined, charged with feloniously wounding J. Miller,
who on Wednesday morning, shortly before 1 o'clock, was
on his way home with another man, and saw the prisoner,
who lived in Star-street, lying scrota the pavement, close to
his own door, and partly in the passage. He was not aware
whether his companion touched the prisoner or not, but ho
immediately got up and ran after them, and threw a stone
at them. They left the street, and proceeded to a public-
home close hy. On coming back to Star-street the prisoner
ran atter them again, without hat or shoes, accompanied by
his wife, who had only her night-clothes on. The prisoner
struck at him with a large bamboo-case, end hit the wall.
The bamboo was split by the force of the blow. They struck
at each other and closed ,• the prisoner dropped his stick,
took a clasp-knife out or his pocket, opened it, and made a
stab at his breast. He felt the blood trickling down his
body, and called out "murder." The prisoner made a second
attempt to stab him, but he caught the knife in hi. hand,
which was severely cut. The prisoner then attempted
to stab the other man who woo in his company,
but be evaded the blov. In answer to questions
by Mr. Yardley, the prosecutor admitted that he
had been committed for trial born that court for a violent
assault on the police, and was convicted and sentenced to six
months' imprisonment.—J. Spence said he lived in Star-
street. Ile was awoke by • disturbance near his dwelling
on Wednesday morning, and, upon looking out of a window,
saw the prosecutor and another man dreadfully ill.using the
prisoner with pieeee of a bamboo cane. Miller struck the
prisoner a great many blows about the head and body. All
at once he heard Miller cry out " murder," and say he was
stabbed.—Another witnees also spoke to the brutal treat-
ment of the prisoner by Miller and his companion.—Police-
constable No. 85 K took the prisoner into custody, when he
declared that he had ne knife, and had not stabbed Miller ;
adding, at the same time, '• I wish I had had a knife, I
would have run it through him."-401 K said the prisoner
threw something on the ground. It sounded like a knife ;
and a woman, whom he could not overtake, picked it up
and ran away with it. A man in the crowd said to the wo-
man, as she was running away, " Don't you make off with
that knife." Mr. D. How, surgeon, found Miller
bleeding profusely front a wound on the breast, half an
inch in depth, and of the same width, over the fifth rib,
which had penetrated to the bone. There was a cut
in the prosecutor's shirt, corresponding with the wound,
which he had no doubt was inflicted with a knife or other
sharp instrument. If the knife had been struck a little
more to the left, it would have entered the prosecutor's
heart and killed him. Ile also found on incised wound on
the prosecutor's right hand, an Inch in depth and an inch in
width.—The prisoner, in defence, said he was wantonly
kicked by the prosecutor ; that an oyster shell was thrown at
him ; and that he was severely beaten. He used a piece of
bamboo cane in his own defence, but did not use a knife.—
Mr. Yardley said the wounds could not have been inflicted
with a bamboo cane and ho had no doubt the pt isoner used a
knife. He had es little doubt the prisoner received a consi-
derable amount of provocation, and that he was first assault-
ed; but the use of the knife could not be justified except un-
der extraordinary circumstances. The prisoner, in this case,
took the knife from his pocket, opened- it, and deliberately
stabbed the prosecutor. lie should commit him for trial.