The Express.
London, England, 1847-08-09 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—Caovnow, Aro. 7.
Before Baron Parke and a special jury.
JACOBS e. TARLETON.—BILL DIFICOUNTING.—EXTRAOR-
DINARY CAAE.—This was an action brought by Henry Jacobs
against the Rev. John Edward Tarleton, the rector of Chels-
field and Farnborough, in Kent, to recover the amount of
his aceptanoe neon a bill of exchange for 100/. The defen•
dant pleaded that the bill had been obtained by fraud, and
that the plaintiff had not given any consideration for the bill,
and wan net the bond fide holder of it. Mr. Chambers and
Mr. Petersdorff were for the plaintiffs, and tiateant Shee
and Mr. Ogle for the defendant. The bill in question was
put in. It was drawn on the 21st January, 1847, by one
Snell, accepted by the defendant, and then appeared to have
been endorsed to one Gadderer, and by him and Henry
Jacobs, the present pleintiff.— Seijeant Shee then addressed
the jury for the defendant, and said that the defence he was
instructed to offer was, that the rev. gentleman had been
made the victim of a gang of swindlers, and that all the
persons whose names appeared to the bill were parties to the
fraud. He then proceeded to state that the defendant, being
in some pecuniary difficulty in October, Lit year, was desi-
rous to raise some money, and he was incautious enough to
answer an advertisement that appeared in one of the public
papers, offering to lend money, and eventually a person
named Gardener called upon him, and at his suggestion he
was induced to accept two bills, one for 2001. and the other
for 3001., to get discounted, which Gardener took away with
him ; and a few days afterwards he gave the defendant 1871.
in two payments, and this was all he aver received. Gar-
dener afterwards called again upon him, and represented
that there was some informality in the two bills, whidt pro-
vented him from getting them discounted, and Tarlabaspera
him two other bill. for the same amount. Ha was nestmally
compelled to pay both the 2001. bills and the first 3001. ma,
and when the other 3001. bill became due, he was
threatened with legal proceedings by Gadderer, and ha was
induced to give three 1001. bills in lieu of the one for 3001. and
the present was one of those bills ; but, as it was quite clear
that the transaction was one of a most fraudulent character,
he felt it his duty to resist the payment.—Moses Jacobs was
then called: He said that the plaintiff was his father, and
that be was living in the Kent-road with some members
of his family, and entirely dependent upon them for support.
He said that his father was not worth a shilling, and utterly
unable to have given consideration for the bill in question.
He was 7fi years old, and was not able to write. He was
merely the nominal plaintiff, and lent his name to parties
who obtained bill. in a fraudulent manner and was guaran-
teed from paying the coats. He was plaintiff in a cause at
the but assizes at Guildford, which was conducted by Mr. J.
Lewis, the attorney in the present action. His father was in
Whitecross-street prison for the eons of the action, and the
amount was paid by Mr. L. Levi, the sheriff's officer, the
father of Mr. Lewis, whose proper name he said was also Levi.
He had bad a conversation with his father upon the subject
of this action, and asked him how he could lend himself to
these men to bring so many actions and cause so many
people to be outlawed, and he replied that somebody elso
must pay the money, and he was protected. He asked his
father how an old man like him could go and make en affi-
davit that he had given consideration for the bill, and he
said he was not aware that he sworn that, but thought it
was merely an alklamit ~as the trial, which he was
told it was. HY him that Meaty actions

upon bills had been brought in his earne.—This witness
underwent a searehhts cruet-examination by Mr. Chamber',
and admitted that be bad been convicted of conspiracy and ion-
prisoned, and was also charged with anon in 1829, but he
said he was honourably" acquitted, and the fire-office
afterwards Mid ea award made against them. He raid also
that he had been in the habit of attending the criminal
courts as the agent of an attorney named Albert Warren,
and he said that he had frequently given briefs to him (Mr. I
Chambers). (A laugh ) —Me. Chamben: I dare say
you havc—Jacobs : Yer, and you had the best of
it. (Renewed laughter.) Mr. Chambers: Were yea
not indicted for endeavouring to extort money in re-
ference to indictments preferred against gambling-houses ?
Jacobs : No ; I have given you a brief to defend gamblers,
and you got off twenty In one day at Kiegmon. (Roars of
laughter. )—lu further mow-examination, he said that some
other members of the family were present when the conver-
sation t.ok place between him and his father,—Eli Reed de-
posed that in consequence of instructions he received tram
Inspector Shackell, of the detective police, he went to the
plandiffe residence, and had some coaversation with him
about this action. He told him that he had come from
Seotlandlard respecting some bills of the Rev. Dr. Tarte-
ton, which be understood were in his hand', and he
wished to know from whom he received them. The
plaintiff appeared very loth to answer, bat he at
length said that he knew uothieg about it. Witness
then mired him if he had given Mr. John Lewis
instructions to bring an action upon this bill, and he said he
bad not, and did not know anything about the action. On
being crom-examined, the witness admitted that he bad
been a bankrupt and also insolveitt—Serjeant She* then
called James Gardener, but he did:not appear, and he wan
called upon his subprena.—Setjeant Sheet then said that la
the absence of this witness he could not carry the plea of
fraud any farther; but upon the testimony of the last wit-
ness, he submitted that the third plea had been made out.—
Mr. Chambers said he was sure that wittiest would not be be-
lieved.—Baron Parke: That is for the jury to decide.—Mr.
Chambers: Then I shill call Mr. Lewis to contradict him.
..-Mr. John Lewis was accordingly sworn. He said: I am
the attorney in this cause for the plaintiff. Henry Jacobs is
the plaintiff, and he employed me to bring the action, and
he has made affidavit as to the bona Ides of the tremactien.
I swear that I was not at the Guildford amino last year,
and it is not true that I have brought twenty actions on hills
in the name of the plaintiff. Crass-examined : Henry
Jacobs is seventy-two years old. He lives with some mem-
bers of his family in the New Kent-road, bet is not de-
pendent upon them. He is not in such affluent circum-
stances as he has been, but be is not so poor as to be depend-
ent for subsistence upon his family.—By the court : I re-
ceived this bill from Lawrence Levi. I had personal instruc-
tions from Jacobs to bring this action.—Baron Parke said
the question still remained whether the bill was proved to
have been legally endorsed to Jacobs —Mr. Chambers said
If his lordship felt any difficulty on that account,
he would call Mr. Lawrence Levi to prove from whom he
got the bill.—Mr. Baron Parke said the evidence was not
admissible.—Mr. Chambers, in reply, urged upon the jury
that they ought not to let any prejudice or suspicion operate
urou their minds, and, in the abeenee of any positive proof
that the plaintiff had anything to do with any fraud that
might hare been committed, he was entitled to their verdict.
—Baron Parke, in summing up, said he did not think the
pleas of fraud had been made out by the evidence, but the
material question for thejury to consider was, whether the
plaintiff was a bond fide holder of the bill in question, or
whether be was merely pert proved as the nominal
plaintiff.—The jury, after deliberating about five mi-
nutes, returned a verdict for the defendant —Mr. Pe.
tersdorff said the verdict would be for the plaintiff upon the
two first issues, and for the defendant upon the third.—
Baron Parke : Yes. The verdict will be recorded for the
defendant upon the third issue that the plaintiff was not the
&nu', fide holder of the bill.—This cause did not conclude
until pest seven o'clock in the evening, and his lordship
mitered another special jury 'awe to be celled on.—Mr.
Chambers said he was concerned in the cause, and he hoped
his lordship would not take it at that period of the day. It
would occupy at least five hour.—Baron Parke : Never
mind. (A laugh.)—Eventually Baron Parke cemented to
the cause being postponed, but he decided upon disposing of
a common jury case, and the court rose at eight o'clock.

OXFORD ClRCUlT.—Oiouczaren, Avousr 6.
Before Mr. Justice Coleridge and a Special Jury.
Doe DEM DYKE O. DYKI6.—EJECTMENT.—This was
an action of ejectment brought by a maiden lady.
Miss Elizabeth Dyke, against her relative, Mr. Thomas
Dyke, to recover possession of an orchard and pre-
mises at Coleford, an the parish of Newland, in this
county, claimed to be devised to her under the will of her
uncle, Mr. John Bigham. of Coleford, who died some years
gam Serjeants Talfourd and Allen, with Mr. Gray, ap-
peared for the lessor of the plaintiff ; Mr. Whateley. Q.C.,
with Mr. Keating, represented the defendant ; this way the
wend appearance of the parties, a noosuit having been
directed by the Lord Chief Baron against the plaintiff at the
kW Bauer Arises for this county. The defendant
tested its Asia to the property upon • clause of the
one will, by which the testator devised part of an
nista sailed Fociway to his widow for life, and, after
bar isearg, to her heirs or assigns. She, in turn, made
a will, sad devised Poolway to the defendant. It was part
of this estate, called Poolway, that formed the subject-matter
in dispute, for the testator devised a portion thereof to
the Inner of the plaintiff, on the death of his wife. The
dame in the will ran as follows : " I give, devise, and be-
queath to my wife, Elizabeth, the farm-house, orchards,
stables, and the meadow lying between the railway and the
high road, with the appurtenances thereto belonging, and,
after her death, to my mace, Elizabeth Dyke." The ques-
tions raised on the part of the lessor of the plaintiff were,
first, that there was only one orchard between the Mon-
mouth rail or tramway and the high wed, and that the words
lying between the railway and the high road" in the will,
referred to the meadow only which wu so mature, and se-
condly, that the word " orchard" alluded not only to the one
which lay between the tramway and the high road, but also
to another portion of the estste, in which there were about
thirty-five apple trees growing, and which was intended to
be an orchard.—A number of witnesses were called to prove
that the testator had considered the meadow an orchard, and
that he had been heard to call it by the name of the higher
orekard.—Mr. Whateley, for the defendant, urged that the
orchard near the farm-house was, at the time the will was
made, parted by a low fence and a brook, and therefore was
the ground alluded to by the testator as the orchards, and
that the land in question was never considered by him in his
lifetime as anything. more than • meadow.—The jury, after
a very careful summing up by Mr. Justice Coleridge, and
after enduring the proem of being locked up, found aver-
diet for the defendant.
Coons Car as. -Before Mr. Justice Erie.
Dews Kizttivo.—ifichard Money, a lad of 19, wu
charged with feloniously killing and slaying • fallow deer in
an enclosed part of the Forest of Dean, in this county, on
the 19th of May last.—Mr. Graves prosecuted, and Mr.
Jelinger Symmds defended.—At 4 o'clock in tie morning in
question the prisoner was seen with three men in a part of
the forest called " Cockshut Enclosure t" one of the men,
named Martin, who has since disappeared from that part of
the country, had • gun. The report of • gun was soon after
heard, and two of the men came out dragging a dead deer
which they deposited under some bushes at the edge of the
enclosure; the prisoner stood in the " Ride," near at hand,
while the other men carried the deer, for the purpose, u it
was apposed, of keeping guard against. surprise, and giving
warning in case of any one being about.—Mr. Symonds
addressed the jury for the prisoner, contending that the case
was one of sarapiezon only.—The jury found the prisoner
Guilty.—Mr. Justice Erle directed him to stud down, as
he would consider the case before paining sentence.

MIDLAND CIRCUIT.—WAnwter, Aram 8.
CHARGE or MURDER —Peter Leonard was charged with
the murder of his wife, Margaret Leonard, at Birmingham,
on the 14th of May.—The pnsooer, who is an Irish hawker,
lived with his wife in Tranter-streets Birmingham. On the
morning of the Bth of May the premier and his wife Mle
home intoxicated. Ile began to use bad language; she warn
beard to ask him not to murder her ; he said he would do it
unless she did what he wanted. The prisoner was seen to
thrust her down the cellar, and then to slam the door to.
Shortly after, however, he went our to a neighbour to uk
her to come and help to get his wife out of the cellar,
saying ho had shoved her down, and that " passion was the
devil." They found her at the bittom of the cellar. She
had sustained a fracture of the skull, of which she died on
the 14th.—The jury returned a verdict of Guilty of Man-
slau3hter, and he was sentenced to be transported for life.

WESTERN CIRCUIT. —Bittoowsvnit, Au°. 6.
Crowe Cover.—Before Chief Justice Willie.
POST-07FICI ROBIBILIM.—Jame. Gould, aged 15, a letter-
carrier, was indicted for embenithe these separate sews of a
peony each, the pow!, of the PalmosteesKememl.—Mr.
Rogers (with whew we. Mr. Prelim) celled witnesses to
prove that the primate wee eaqpleyed se a letter.earrier be-
tween Raid& mil Timilim owl that it was part of his
duty to mare lettere is vewsroon and Beck, and
to account fee the pests., money to the postmistress
at Raddock. On the Midi ;ear led, Km. Cottle, the
person at whose been the primer_ lodged, WAS
about to seeks his bed, wheel ale alesessend in the
pockets of a pair of treason whidi bat besa hit in his room
two smell peeked, the see oneehlice sham letters, and
the other et areetpserea ham The edam then asked
the primer why be bad negleeted le deliver the laden, and
he meek no answer: whereupon ale tell the prisoner she
would Leal[ take the lettere to the pestaishete at Had-
dock, end the requested the prisoner te 'vire her the penes
width lied amp hr many ofthew 'The prilease cried,
rad beeped the woman net to fowler, la the natter, a it
Wed Vl' lfifie into trouble, and ho would take the
I Mese MaireM the next morning. The witnem, how-
ever, emtveyed the letters to Bader ooh sad the
muster edam peet-eMos in that pine selersed with be to
the priseaer le eat Timelady. Oa seerekieg the pre-
mises they Isism4 arise the tiles ef aa outhouse, 54 ether
lettere, and it eipsored that the pester had bee. pail
moot of them. 'llse three perdeelerin
the indietateat were distinctly proved,l62.the Joey had a
verdict of Guilty. It was then dated that the prkseser's
wages were only 7e. a week.—The learned judge, in passing
sentence, remarked upon the great Impropriety of employ-
ing a boy of the age of 15 in so confidential a capanty es
that of a letter-carrier to the postaKee, and at so small a
salary as 7e. a week. Whilst sock boys as the prisoner
were employed by the post-offiee anthoritke, end
under each eizewastanees the public could not be mid to be
adequately protected. Persons omapying situations of trust,
attached to the Post-offs, ought to reodve inteh remonere-
tioo as would afford them enadvmt mom of sopput and
enable them the better to resist temptation.. His lord-
ship then observed that the case wee one involving so much
mischief to the public that he loud pea upon the prisoner a
sentence of transportation, but with the object of mending
him to • prison where boys of his age were taught to repent
of their errors, and to become better members of society than
they had proved themselves to be. Sentence, seven years'
transportation.

POLICE.— SATURDAY.
MANSION-/IOUSH.-14.1.L DISCOUNTINIL—Mr. John
11111 EFEESEIbIed, 0111111111 with having fraudulently
elealsel twe bills el entailed. each for 'MOI., under 'ne-
wsiest/OW deem diewswese for Mr. Alexander, of Kelso.
At the bed siddilimills It wee stated by Mr. Alexander that
he wan MINNA bl EU advertlement to communicate with
Mr. Bell as the eabieet of obtaining money. He transmitted
• bill of whisk be was the acceptor (Mr. Bull to be the
drawer) Mime gentleman to be negotiated. Mr. Ball soon
etterweeile woes is Ida dating that in consequence of some
imegefeelty seek Mil was not available, • second bill
for the mess siseeste was immediate) sent to Mr.
Bull, who neither sr heti nor returned either of the
bills, his excuse bass that they were both destroyed.
The mileitor for the prowestion said that the charge
heel named rather a illiweet shape since the first evidence
wee Woo. It was that lbe_prieoner had obtained a second
WU maw Wes preeswese. The officer employed upon the
emedee bed la ble remeeike the first bill which hod been
elesined tom the peesseator, and which, it seemed, had
bees placed by the pefereer in the hands of a person of
whom he beg pureimmed 991. worth of otto of roses, as
sesarity foe the parmeat of that amount. With regard
to the arm* MU, the prisoner had told the officer
that he was mad anxious to give the party into cus-
tody who bad swindled him out of that instrument. Mr.
Alexander here reminded Alderman Gibbs that the prisoner
had before stated that both bills had been destroyed. The
bill dated May 17 bore the signature of Mr. Bull. Witness
accepted it and sent it back. lie believed the first bill was
plod, but Mr. Bull said there was ea irregularity in it.
Witness had ascertained that there was no irregularity in it,
and had to doubt that the pretence was made to enable the
prisoner to avail himself of the two bills. Witness produced
a letter from the prisoner stating that he would get a stamp in
return for that on which the alleged irregular bill had been
drawn, and that he (Mr. Alexander) should immediately have
the ceah.—The officer stated that the prisoner said he had
boss duped oat of the second bill by a person whom he
dwelt whites place in the same position as that in which be
wee rimed Idauelf.—The case was remanded till Monday.
GUILDHALL.— ATTEMPTED SUICIDE.—A delicate-
leaking girl, named Emma AUle Carr, was charged with
to commit suicide by jumping off Blackfriare-
=— he girl who, by her manner and drew, had eei-
been respectably connected, was found on the bridge
between three and four o'clock that morning, mounting the
haluetrades with a view of throwing herself over. She was
with difficulty preveuted from accomplishing her object. She
was in the deepest grief, and the cause she gave for medi-
Wing self-destruction was, that she had no friends left in the
world. Where she lodged she was a trifle in erred of rent,
awl the landlady fearing, from the delicate state of her
health, that the arrears would increase instead of diminish-
ing, had turned her out of the house. She had maintained
herself by needlework, but her health being bad and work
slack, she was much reduced, and the idea of wandering
about the streets all night had induced her to make the
attempt on her life.—The officer who had custody of her, in
answer to Sir J. Pirie, Paid he had every reason to believe
that her story was correct —Sir J. Pine told her he would
send her to the eompter for a few days, and the ladies'
visiting committee would see her, and no doubt do some-
thing that would improve her condition.
IdARLBOROUGH-STREET.—Ronnenv ET A SHOP-
MAN.—Robert ',soy was charged with having robbed his
employer, Mr. Perry, hairdresser and perfumer, Bar-
de, of property valued at between 2001.
be7ool. Arcs The prisoner had placed himself with Mr.
Perry about eighteen months ego. A few days ago, in con-
sequence of the strong smell of perfumery in his bed-room,
the foreman made a communication that induced Mr. Perry
M examine the prisoner's lodgings.—Mr. Perry stated that,
da Tuesday evening last, be went to where the prisoner
bared, and found some articles that he knew were his pro-
perty. The prisoner was not then at home. Prosecutor
waned until the prisoner made his appearance, and then
taxed him with having stolen property from the shop. The
prisoner begged prosecutor not to press the charge. Ile
asked the prisoner to give up his keys, that his boxes might
be searched. The boxes were found to contain brushes and
other property valued at 501. Information was shortly af-
terwards given to the police, which induced him, accompa-
nied by Inspector Squire, of C division, to go to Beacons-
field, where the relatives of the prisoner lived, and there he
received two boxes which had been cent by the prisoner to
his brother-in-law to take care of. Tbe boxes contained per-
fernery and other property stolen at different times from the
shot, worth between 1001. and 2001. The prosecutor stated
thatthe extent of his stock and business prevented him from
Rdidag this large quantity of property before—lnspector
leydre. C division, said he went to Beaconsfield, and received
Amp of two boxes filled with perfumery, &c. The property
was tamtified by Mr. Perry.—The prisoner, who entered no
defence, was fully committed.
WOOLWICH .—ROBBSIIT BY Two SOLDIERS.— Wen.
Green and Wm. Masters, privates in the Royal Marines,
were charged with stealing a shawl and a bundle of wearing
apparel. at Wickham, from • woman named Lynch.—The
prisoner' were drinking at a public house at Wickham, and
Masters asked the complainant to treat them to some beer,
which she did. Masters afterwards took her shawl and
bundle and they went out together, the prosecutor following
them to Woolwich, where she gave them into custody. The
'bawl and bundle not being found, the prisoners were re.
mended to Monday.