The Express.
London, England, 1865-06-16 00:00:00

CENTRAL CRIMINAL COURT.

(Before Mr. Buoy llartla.)
The whole of the defendants in the case of the prosecu-
tion of Messrs. Berry were charged, after our report left
yesterday, with having, by mesas of false and fraudulent
pretences, procured the payment of Mrs sum of 1,313/. by
the London sad Lanouhire Insurance Company to one
- .

Theodore Baxter.
The same learned cranial were retained for the prom-
cation and the defence.
Bovill opened the miss very shortly, and he said that
the offence now impute 4 to the defendants, although in-
volvieg facts of the same description, was of a different
character to the one that had just been disposed of. The
charge against them was, that they had, by moans of a
fraudulent sod false statement with refsrenos to property
which they alleged to have been destroyed in a fire that
took place upon the premises of the Messrs. Barry on the
7th of Jose, induced the Liverpool and Lancashire Insurance
Company to pay a large rum of Tommy to the owner of the
property. It appeared that at the time the fire hap-
pened there were 394 bales of jute boloogisg to •
gentleman, named Baxter, in one of the warehouses,
but he should show them that not one of these bales was in
any way injured by the fire. ry
Ve shortly afterwards, how-
ever, a list of property alleged to have been destroyed was
ever,
sent in by the defendanta, and in that list the whole of the
390 bales of jute were repridented to have been destroyed
by the fire. He said he should be able to ahow that this
statement was entirely fade, and that a portion of the bales
of jute wee in the first instance placed on board • barge and
kept in the dock for two or three months, and it was then
re.landed and placed in another warehouse, and the whole
of it was eventually destroyed in the fire that took place in
November. The effect el the false statement met in by the
defendants, however, wee that the insuranos company paid
the value of the property, and the jury would say whether,
under these circumstances, the defendants had not com-
, milted the offence imputed to them by the present indict-

meat
Various witnesses were then examined :
At the close of the ass for the prosecution,
The learned Judge express, his opinion that there was no
evidence to show that either John Barry, or Thorne, or
Arnett, or Bedgwick bad made us of any false preteace,
sad that if there was any case at all, it applied only to
Alfred Barry.
An application was then made that the other four de-
fendants should be acquitted. His lordship said be had no
objectioa, as there certainly was no case against them.
Mr. Coleridge thou submitted that there amino evidenoe
whatever to show that Alfred Barry had made any false re-
pseentatioo. AU that had bean proved was that he had
signed the list that was sent to Mr. Roberts, bat he bad not
been shown to have been dealing in any way with the
property, or to have been aware that it wig upon the pre-
mises after the fire.
Baron Martin said it appeared to him that there were two
difficulties in the way of the prosecution. The allegation be
the indictment was that the false representation was made
to the Lancashire and Liverpool Company, but if any false
pretest,* had been made by Alfred Barry at all, it appeared
to have been made to Mr. Roberts, who had nothing to de
with that company. It appeared to him also that it wee
very difficult to au what evidence then was of say false
pretence having bean made by Alfred Barry. He therefore
felt it to be his duty to direct the jury to stun a verdict of
cot guilty.
A verdict of Acquittal was consequently again taken.
Mr. Bovill said that there were several other indictments
against the prissier+, but he was hardly prepared to
may at that moment what course be ought to take with re-
gard to them.
Baron Martin said he had no objection to allow him a
short time to moult with the prosecutors open the subject.
Mr. Bovill aceordiegly left the court, and in a short time
be stunted, and maid that upon consideration he felt that
after the fall inquiry that had taken place be ought not to
proceed with any of the other charges.
Baron Martin said he thought that the learned counsel
had exercised a very sound discretion. It wsa a very proper
inquiry, and all the careamstanoes had been fully investi-
gated, and be thought that Mr. Bovill bad taken a very
proper coarse in withdrawing from the other cuss.
A verdict of Not Guilty was accordingly reoceded epee an
the other iniietaseete, sad the defendants were discharged.
When they sashed the street they were received with
cheers, which lasted for several minutes.
(Before the Itearrner.)
_ _

Alexandra Se y;ad Edwin thetlierlo;ul. who were Den•
rioted yesterday of attempting to obtain itO& by false pre.
tenons from It,. Robert William Boobs% with Weal to
defraud, were brought up to receive the judgment el the
court.
The Recorder said the prisoners bad bees convicted on
the clearest possible evidence of a fraudulent coospirasy.
The semitones upon oselt of them was that they be kn.
prepped and kept to bard labour for the of nine
calendar months.
In the mums of the morning the prisoner Sutherland was
again placed at the bar, when
The Recorder said that he bad been remiaded that the
prisoner was already &relax a teen of troptisonment for
another offer" sad that term would not expire until th e
month of October sect. Under these circumstances the
court would alter the sentence on the conviction from aloe
to sir months' imprisonment, to communes from the ex-
piration of the preview seatesoe ruder which the prisoner'
was already in custody.
Jones Mao Cathrin, 64 meet, and Mini* r
46, frame maker. were indicted for feloniously forel
utter* a wide docement pa:pores( to he the kit wM
aed trawled al ern Ifieseer /Saunders, with West to
defraud. The priseeere bark/ pleaded not guilty