The Express.
London, England, 1862-11-18 00:00:00

THE EkTRAOHDINART CHARGE AULINST A SOLICITOR.

Mr. Edward Cape! WkiteArret, solicitor, who stood
cbar•ed with soliciting and inciting George Blake Lehoup
Rogers to commit an unnatural offence, surrendered (in
discharge of his bail) for further examination.
Mr. Sleigh, the barrister, instructed by Mr. Smyth and
Mr. Abrams, again appeared for the prosecution ; and
Mr. George Lewis, jun., for the defence.
Mr. Lewis said—Sir, in We case which was adjourned for
the purpose of affording Mr. Whitehurst an opportunity of
calling witnesses, lam now prepared to place before you
certain evidence on his behalf which I feel convinced will
entirely exculpate him from the charge which has been
made against him, and I now propose shortly to state to
you the nature of the evidence which I shall lay
before you. The first letter written by Mr. White-
burst was a letter making an ►ppointment
to meet Mr. Rogers on the Sunday. The next was a letter
making an appointment for the :30th or the 31st The next
letter was making Mr. Rogers to keep the appointment
for the 30th, and was written on that day ; and the last was
written on Saturday, asking him to keep an appointment
on Monday, the 3rd November. Now, sir, I shall be in a
position to show you that each one of those letters which
are said to have been written with • view of inciting Mr.
Rogers to commit an unnatural offence, were written by
him, not in secret, but to the knowledge of several parties,
and with • view of ascertaining the truth or falsehood of
the charge which Mr. Rogers was making against
the soldier Morris, and of that which the soldier
bad made against Mr. Roger,. I shall also show
you that io other matters where charges have
been made against poor men he has interfered, and has not
only defended them without charge, but in a recent case he
offered to become bail for a poor man whom he was anxious
to prove to be innocent.
Mr. Currie—l cannot hear that.

Mr. Sleigh—l do not object, and don't object to anything
which is legal evidence ; but I object to a statement which
as Mr. Lewis knows, and no one better, he could not prove,
scd which therefore he ought not to state.
Mr. Lewis—l am much obliged that the learned counsel
will not object to what is legal evidence, because he cannot.
Mr. Cowie—l should of my own motion refuse it, and not
throw it on the learned counsel to interfere.

Mr. Lewis continued—With reference to the appointment
—not the first, because that was for a Sunday, which would
not appear in a business diary—but the appointments of the
30th and 31st October, and of the 3rd November, were duly
entered, under an initial in Mr. Whitehurat'a book, as being
an appointment to be kept by Mr. Whitehurst.t Now,
sir, is it likely that any gentleman intending
to make an appointment for the purpose suggested
would put it down in his diary! I will also show that
the appointment of the 31st was kept by direction of Mr.
Whitehurst by his clerk, who has been with him
for years ; and I shall show that he kept it
with a view to see if a person kept it as
directed in the letter. I cannot help feeling that
if, instead of investigating this matter himself,
be had sent to a private inquiry office, or to a detective, they
would have written a similar letter, and this charge would
never hare beau made. I shall also show that be conversed
with reference to this matter several times with bin articled
clerk and others. 1 shall also show this overwhelming
fact that on the very day he wrote the last letter he
went to Westminster Police Court to inquire when the case
was coming on again, and also that Mr. Rogers had been
pointed out to him there, so that if he had any other design
be could bare addressed him there. After some further ob.
serrations Mr. Lewis expressed a hope that if he proved
these facts the charge would be withdrawn.
Mr. Corrie—Suppose you prove all that, still I think
there would be an offence, though not of the same degree as
that suggested. I would say it was an offence to lead him
on even so far, though with no intention ou Mr. White-
hurat's part to commit the graver offence.
Mr. Lewis asked what it would be if it were a detective
from a private inquiry office?
Mr. Come said it would be the same whether it was a
detective, a policeman, or any other person. It would be an
offence whoever did it. The object was to see whether
Rogers was a likely person to commit such an offence.
Mr. Lewis—No ; to ascertain if he had done so.
I.lr. Corrie was clear that it would be an offence.

James Bligh examined—l am maeaging clerk to Mr.
Whin:Murat-, and have known him for the last fifteen years.
I am perfectly cognisant of the manner in which he carries
on his busineat. fle keeps a diary, in which he ante's all
appointments made by himself generally at the time they
are made. if made in the office. I produce his diary for
the month of October, containing entries of hie appoint.
meets in his own handwriting.
Mr. Sleigh objected to this evidence. No one knew better
then Mr. Lewis that Pinch evidence was not legal.
Mr. Conic-1 do not see the object of it, or I might hear
it. Doulitlem it might tend to show that the intention of
the defendant was cot so criminal as might be inferred from
his letter, but still there would be a lamer offence com-
mitted—a misdemeanour ; and in either case the Witte
MRS he decided by a superior court.
Mr. Sleigh would not trouble the court by repeated ob-
jections to the evidence, but would state cue. for all why
he objected,and then the court could deal with it, under
his general protest, as they might think proper. The
learned counsel then contended that according to all past
decisions in our courts, evidence of previous conversation or
acts, as indicating the intention, could not be received in a
matter of this kind. He quoted Roscoe, in refeieuce to
the case of Lord George Gordon, when the observations
made by the defendant at meetings antecedent to the riot
were held to be inadmissible. Why it was obvious that
such evidence. even if legal, could not have the slight
at weight—for whet would be adder than to
contrive such previnue acts or conversations, with
a view to establish one's apparent innocence
afterwards? A man intending to commit a forgery, for
instance, might go to a friend and say, " I am going to play
a trick on the cashier of the bank," and then if the forgery
is detected he might call his friend to pence that he had no
criminal tetention.

Mr. Corrie—Well I have expressed my view. Much de-
pends on the nature of the evidence itself. It may as well
premed.
Examination of witness resumed—The entry on the Alth
is "6—C. H. Rogers." The "A" would indicate the boar
of the appointment. On the 31st the entry is " 6.—C. H.
R." For the 3rd of November it is the lame, "6.—C. H.
IL" I can state that two of the entries (the 30th and 31st)
were in the book before the dates for the appointments.
I saw them myself. On the 31st I received direc-
tions as to one of the appointments from Mr. Whitehurst,
end I consequently went to Constitution-bill at 6
o'clock in the evening of the 31st, and waited for
a quarter of an hour for a person in white kid gloves
who was to be smoking. No such person came there, and
I moulted the result of my visit the next day to Mr. White-
burst. who bad described the person l was to meet there.
Mr. Whitehurst has a good business as an advocate, but
his practice does not lie in criminal matters. He has
had very little experience is that class of business. On
looking at the letters produced, lam prepared to say they
are in Mr. Whitehurst's writing, sod there is no attempt to
deguise the handwriting. They are posted in the distr.:et of
his Ace, or of his private residence.
Crow-examined—Mr. Wbiteburst knew of my residence.
I heard of his apprehension on this charge, and I was pre-
sent at the police court after the examination. I have sees
the letters before to-day. at the office of this court, when
Mr. Lewis was looking at them. I have never read them.
Prior to the 31st ult. 1 had never seen or heard of the letter
Marked " No. 1." I saw the entries' in the diary the day
or day after they were made. I saw the words "C. if.
Itclers"

Mr. `Sleigh—Now, sir, look at that diary very carefully.
and then say if you are prepared to state that the word
Rogers has not been completed, from the initial letter, in a
different ink, with a different pen, at a different time!
Witness—l should say that the pen may have turned
round, but that the word was all written at the same time.
I do not believe that it was tiled up afterwards.
Mr. Sleigh—bid Mr. Whitehtirst show you the letter
which he had written to Mr. Rogers, making the appoint-
ment, and mentioning the white kid gloves!
Witness—l sever saw any of the letters. I went tip to
Constitution-bill by his desire to see for such a person, with-
cut knowing what Mr. Whitehurst's object was in sending
me. I merely went to see if such a person was there.
After further ovidsoos,

Mr. Corrie said he should commit the prisoner
for trial, both for the inciting and for an obscene
libel, but reduce the bail to two sureties of 1301., and his
own recognise:ices for 300/.

Mr. CZ.ie quite acquitted Mr. Whitehurst of the graver
and more revolting offence.

WANDSWORTH.
BURGLARY IXTRAORDLYARY.

Will iam Sham, a young man, was finally examined before
Mr. Dayman on a charge of being concerned with others not
in custody in committing the following extraordinary bur-
glary :

fletiry Giles, in the service of Mr. John Dunatone Tidd,
a biscuit baker, of Dorsetplace, Clapham-road, deposed that
shortly after five on the morning of Thursday, the 6th
instant, he went to work, andl discovered his master's front
door unfastened, the back door and staircase window open,
and the gas burning in the drawing-room, parlour, and
kitchen. He saw • mess about the passage as of the crumbs
of pastry end an empty port wine bottle by the side of a
chair, which had been brought out of the shop and
placed there as if for the use of some one sitting down
and watching. Witness gave the alarm, and be
afterwards found that the bakehouse at the rear of the
premises had been entered through the skylight, ands quan-
tity of jam stolen. His master's dog, a ferocious and sharp
animal, which was usually kept in the bakehouse, was then
loose, brit he found a pocket handkerchief fastened to the leg
of atable. Witness identified the handkerchief • having
belonged to the prisoner, and had seen it in his possession
when he was in the same service. It was tied with a
noose, as if the dog had been fastened to the table and had
slipped the noose. It must have been done by. some one
well known to the dog. The prisoner was in witness's
master's service about three months up to six weeks ago,
and he Raw him on several occasions after he had left loiter-
ing about the neighbourhood.
Mr. Tidd said that after he was called op he found that
his house had been broken into and robbed. It appeared as
if an entry had been effected through the staircase window,
which was then open from the yard. There was a pair of high
steps in the yard by which the window could be reached. He
found his drawing-room, parlour, and soup-room had been
ransacked. He missed two clocks, four coats, three
umbrellas, and a number of other ticles of the value of
301. and upwards. He also found two bottles of port wine
had been opened and drunk, and also a considerable quan-
tity of spirits. A bottle of Caracas bed been opened, but
it did not appear to have been touched or !lima. There
was a mess about the place as if some men bad been re-
piing themselves well with putty.
Police-constable Mason, 262 V, said he was called to
Mr. Tidd's bowie at the time in question, and about 10 mi-
nutes afterwards he found the prisoner a short distance
from the prosecutor's hack door leaning against a wall as
if he was worse for liquor. He inquired of witness the
way to Clapham-common. He offered to show him,
and on the way the prisoner pretended to talk
French, but witness being acquainted with the language he
soon discovered that he was not a Frenchman. Witness also
noticed that he was wearing a coat which did not fit him,
and be took him into custody. The coat was afters, srds
identific 1 by Mr. Tidd as his property, and also a number
of other articles that were found upon him.
The prisoner declared he knew nothing about the case,
and also that the handkerchief found fastened to the table
was never in his possession.
Mr. Daymau fully committed the prisoner for trial.

LATEST SPORTING INTELLIGENCE

(sr =Ammo TILEGRAPIL )

SHREWSBURY MEETING.-(THIS DAY.)

CORPORATION PLATE. Three-quarters of a mile.
Spicebox, Lord of the Manor, Leontes, David Ana,
Pupil, Astarte, Peahen, Confectioner, Wild Chieftain,
Charles Fox, Otho, Treat, Piukepoe, and Witch of Eodor
are here.
COPELAND NURSERY HANDICAP. About I mile.
Rosins, Marmion, Chaff, Trentham, Lucretia, Antidote,
Rowena, The Cobbler, Sea Nymph, Lela, Hypermnestra,
Jack's Alive, Tragedian, Summerside, Country Maid,
Bucolic, and The Serf are here.

NEWPORT GOLD CUP. About 1 mile and 200 yards.
Fairwater, Aurelian, Lord of the Manor, Fitz-Avon,
Atherstone, Lady Clifden, Richard, Barchettina, Tommy
Jones, and Coleus are here.
HURDLE RACE. About 2 miles and a quarter.
Nosegay, Romeo, A Ichymist, Kiugtoo, &lonian, Acre,
Harry, Bucephalue, Emblem, and King Christmas are here.

CTass ARRlVAL..4.—Mouotain Maid f, Warminster, Dol.
DecLization, Truant, Quicksand, Aubrey, Merrimac,
Lily, Kinsman, Weatherwiae, Declaration, Baron
hfunchauseu, Slingsby, Don't Come Late, Duplicity, Flesh-
ba-tbe-Yan, Michel Grove, Grey Hen c, Tom Sayers, Libel-
lous, Cygnet, Goldaeeker, (bleat of Trumps, Maid of Mist,
and Everlasting.

ALLEGED MANSLAUGHTER AT WICHLING.

Mr. Major Murton, farmer, Was yesterday (Mon-
day) brought up on remand, in the custody of Superinten-
dent Maloney, and charged before 1). Scratton, Esy., and
Captain Robinson at the magistrates' clerk's office,
Maidstone, with itltreating his wife, who subsequently
died. The two principal witnesses were Mrs. Walter,
a married daughter of the accused, and Harriet Russell,
a servant, from whose evidence it appeared that on ,
Thursday night, Oct. prisoner returned home with !
two women of loose character, order iog his wife and daughter
to prepare supper and to get the best bedroom ready. One
of the women, named Whitbread, said that if she had
known Mrs. Murton was at home she would not have
come, and expressed her intention to go away. Thereupon
Marton threw himself into a violent passion, and going into
the kitchen, where his wife was, struck her a severe blow
across the bead with his hunting-whip, at the same time
ordering her with an oath to get out of the house or be
would kick her out. He then pulled her out of the chair,
and threw her violently on to the brick kitchen. Not con-
tent with this, he attacked his unfortunate wife with the
tongs and beat her severely &boot the head and body
till she was almost insensible, in which state her daughter
managed to get her to bed. The servant, who was
so frightened by the prisoner's violence that she ran oat
of the house and hid, returned about two o'clock, when she
was admitted by her unfortunate mistress, who pointed out
to her a large bruise on the thigh, and said, "See what that
' villain has done to me." The two prostitutes reinained in
the house all night. On the following Sunday Mrs.
Murton took refuge at a neighbouring farmer's, and died
• week afterwards, saying several times before her death,
"That villain has broken my heart—he has been the came
of my death." In addition to his evidence before the
coroner's jury, Mr. Robinson, the medical gentle-
man who attended the deceased, made the important state-
ment that in his opinion the fall on the buck kitchen had
accelerated the deceased's death. Prisoner was again re-
manded till Thursday next, bail being refused, and it is pro-
bable that he will then be committed for manslau2,hter. As
he was being taken away in custody, he handed over his
watch and all the money in his possession to one of the
loose women who had accompanied him home, and they
were mired by her with avidity. We are also informed
that, by Murton's authority, they remain the only occupants
of his house at the present time.—Maidarone Journal.

SCENE AT A FlRS—(Tate DAY.)--This morning
a fire broke out at No. 4, Dean-stmet, Finsbury. A fire
escape was sent for, the conductor on arriving finding at
one of the third floor windows nine of the inmates huddled
together screaming I or help, aod • female named Bose Morpn,
the nurse to the family, hanging' to the window sill. The
police called to her andthe others to remain where they were.
The flames at that time were rushing up the stairs and were
entering the warehouse and different rooms. Conductor
Briggs having seconded the escape, succeeded in saving in
rapid succession the nurse, Mr. Stafferl, his wife Sarah,
then a child named David, four months old. The latter he
placed in the arms of the father so that he could convey
the two down together, bat the father was so
frightened that he let the child fall, and it fell from
the third floor on to the stone flip beneath, and it was
feared that it was killed. The poor creature was at once
taken to the hospital, but strange to say it was found that
the only inj sustained was a slight abrasion of the
forehead. Conductor Steer next arrived with the Bishops-
gate escape, and he foqunately succeeded in raving another
of tho inmates. Briggs next brought down by his machine
Jessie Sedferd, aged 5 ; Abbey Bowden, aged 2d ; and
Mary Page, aged Is. The basement was nearly burned out,
toe staircase destroyed, and the extensive and valuable
stock in the warehouses partially consumed. and the re-
mainder of the building and contents severely injured by
heat, water, &c. The sufferers were insured in the Not
of England Fire-office.
THE Coavte-r GARDNER.—We are authorised to
state that the account given under the bead of "Condemned
Prisoners," in some of the morning papers of what took place
with reference to the convict Samuel Gardner is in many
particulars incorrect. Sir George Grey had no personal in-
terview with the counsel for the prisoner, and the alleged
conversations between him and Mr. Bibton are wholly with-
out foundation. After the answer that had been sent early
last week to the ',Harmer's solicitors, Sir George Grey
received several communications from medical gentlemen
with reference to the material point in the evidence as to
the time which had elapsed between the commission and tho
discovery of the murder. Them oommueications, together
with some others relating to the case, were referred to the'
Lord Chief Baron, with whom Sir George Grey had several
personal conferences, after which he informed the pri-
soner's solicitors in writing of the ground on which the
reprieve wee granted.—Times.
UNSEASONABLE SALMON FISHINO.—Two cases of
salmon poaching in the Severn in the fence or close season
have just been prosecuted by the officers of the United Asso-
ciation for the Protection of the Fisheries of that river. At
the petty sessions at Lydney, Gloucestershire, Reuben Ward
was convicted of fishing for salmon with a " lade net" at
Lydney on the 29th of October, the fence season commenc-
ing on the 2nd of September. He was also convicted of hav-
ing in his possession a portion of a foul and unseasonable
minim' and he was fined for the first offence 2/. 10s. sod
2/. ls. costs, and for the second offence la and costs.
Thomas Lewis and Thomas Lewis, jun., father and son,
were also convicted of fishing on the same day fax ealmon is
the Severn at Lydney. They were seen on the sands fish-
ing with a " lade net," and were proved to have taken at
least one minion. They were tined 2/. and lls. 6d. costs
each ; in default of payment a month's imprisonment.

SHARE LISTS.--(THIS DAY.)

Two o'Otoow.
There is little business doing in the railway
market to-day, which is rather flat. London and
North Western stock has declined f per
cent., South Eastern, f, and Midland and Lan-
cashire and Yorkshire, fr. Otherwise, no
alteration of importance has occurred. Lon-
don and North Western stock is now quoted
951 to f ; Great Western, 66 to ; Midland,
1281 to ; Lancashire and Yorkshire, 1081 to f ;
Caledonian, 1131 to f ; South Eastern, 881 to f ;
Great Eastern 40 to f ; Great Northern 124 to
125 ; and London and South Western, 1001 to 101.

BZunbay and Baroda Railway stock ie firmer,
other Indian lines being steady. Canadian Rail-
way securities are without change. Great Luxem-
bourg shares are flat. Northern of Buenos Ayres
have been dealt in at i prem.