The Express.
London, England, 1849-09-27 00:00:00

ALLEQID RAILWAY R

Margaret Jaws, 32, and George Nichols, 42, servants oui
of place, were indicted for having stolen a box, containing
wearing apparel and jewellery, the property of the Great
Western Railway Company.
Mr. Clarkson appeared for the prosecution. The prisoners
were not defended.
In opining the case to the jury, Mr. Clarkson observed
that it involved circumstances of a 'somewhat unusual cha-
racter, which would require the very serious consideration of
the jury, should. indeed, the east ultimately come before
them for determination. On the 14th of August last the
female prisoner, who passed by the name of Mn. James,
though she cohabited with the male prisoner, whose name
really was as described in the indictment Nicholls,
was a pusenger on th- Great Western Rsilway, by the per.
liamen'aty train, from Brennombe, in Chouceste rehire,
where she bad just lett a situation, to Paddington, and it
would appear that her luggage consisted of two b see, to one
of which only it was necessary that attention should be di.
rotted. That box was of the description generally wed by
servants. It was bound up in canvas and corded, and at-
tached to the cord, bet not sewn to the canvas, was a card
considerably larger than the cards commonly used for such
purposes, neon which was written—" Mrs. James, passenger
to London," and on another part of the box was the com-
pany's label, upon which was a capital J to describe the
uthial of the surname of the passenger, and " Brenscomb to
London," to denote the station of et pillars and the destine•
teen of the party to whom the luggage belonged. It op
peered that in the same train there was a gewleman named
James, who held a situation on the Eaters Coun-
ties Railway, and who, with his wife, their two
children, arid his sister, were proceeding from
Cheltenham to London, and their luggage consisted of four
boxes, to one of which the attention of the jury would be
more particularly Winced. That bee conteined ale rge
quantity of wearing &ppm], belonging to Mr. and Mrs.
Janus, with some trinkets belonging to the children, the
value of which was rather more than 2W. It was covered
with canvas, corded, and was directed, " Ms. James,
passenger to London." and it bore the company's label, " J.
Cheltenham to London," but it was important to observe
that the card upon which the address was written was a very
small one, and was sewn to the sinew, that the box itself
was considerably larger end heavier than that belonging to
the female prisoner, and that the words, " Chelten-
ham to London," were quite distinctly and plainly
exposed, se that they must have met the observa-
tion of any person looking for a ha: marked " Brensconth
to Lmdon." Upon the arrival of the train at the Podding-
t terminal, the male prisoner was there to receive the
female, and after he had secured the box, which belonged to
her, but which was now excluded from consideration, he
went up to the porter in chirps of the luggage, and took
pcs session. of the trunk belonging to Mr. James, and he and
the woman, 'Laing them in a cab, node off to a house in
Molyneste-street,Marylsbone, as was subsequently assn.
mined. When Mr. J.mes applied for his luggage, he was
shown the bcx belonging to the woman, which, as before
eteAd, weamarked, Mrs. Jam's, Brenscombs to London. He
immediately said that such box did not belong to hire ; but
search for the right one was fruitten, and it being ceseitiered
that Mr. James'. box was taken by a Mrs. James in mistake,
and that she would return and restore that whirls did not
belong to her, the porters took it to the cloak room, and
there it. About a week afterwards the male prisoner
called at the cloak room and asked for a box, marked .. Mrs.
James," which had been left behind by mistake ; when
the clerk told him that a box marked Mr. Jaws had
been taken away instead of that; and the prisoner
then said. " Oh, it that's the case, I'll sine, about it,
and be back again directly." He went sway, but
did act return, and nothieg more was heard of them until
the 16th of the present 'Loath. Mr. Collard, the superin-
tendent of the creepily's polite, would s ate what then took
place. The question for the jure to detrain, would be,
was the bolt taken by Nicholls by mistake, through the sur-
name upon it bone the same as upon that which belonged
to the female, or did either he, or the female, know, from
the differ.nce in the size, weight. and appearance of the
two, that they were taloa a box that did not belenir
to them? It would be shown that the woman had broken
up the box and burnt it, that shoe had dealt with the pro-
perty it notified as U it were her own ; and if these cit.
emanates*, taken in conjunction with that of the pris mer.'
having fade &veered to get possession of their own box
estbied the jary that the prisoners knew they IMO deal-
ing with another person's property at the time they got it
into their possession, the prisoners taunt be found guilty.
If the jury, however, were not satisfied, and thought that
they got the box into their possession through mistake, the
company did not wish to pens the case against them ; bet
they had thought that their duty to the public demanded
thatch, ease should he investigated by *jury.
After semi evidence confirmatory of the above statement
bad been eine,
Mr. Collard was examined—He stated, that having re-
ceived certain informission concerning the prison re, he
endeavoured to trace them out, end, on the ldth last., he
went to Alblowereet, Hyde Park-equare, where he f ,unn the
male prisoner standing at a shop duo:. HP gated him it hi.
name was not Nieholle, when he immediately said it was. sod
added, that he knew that witness " wits sup rintendent of
the Railway police, and he supposed that he had tome about

thst ben." Wimese mid he had, and he should take him
into custody. The prisoner then said that the *lmp were all
We, excepting the tx‘x itself, which the foolish woman bad
ht., ken up sad burned, and an old cured image. He then
said that when the woman told him on the night of her
arrival that the box was not hers, he had urged her to 'due n
it, and several times sines he had solicited her to do so, but
she would not, alleging as a reason that she was ashamed.
The urinates having asked hint when be could find the
woman, he said he would take him to where ohs wee, aad
they then took a cab and went to the Servants' Bazaar kith.
Regent-drew, whither she had glum In search of a situation.
She wee not there, however, and at the prisoner's desire the
cab was driven towards Molyniniz•enast, bat before they
got there Nicholls desoried has • short distance is admen of
the cab. Witmer get out of the cab, keeping hold of
Nicholls, sad went to the woman and took her into custody
also. They this proceeded to MclyneuF.street, and in the
apartment occupied by the prismen witness bead the pro-
perty. The greater portion of it was in a box, which the
female claimed as hers. She denied that she had stolen the
box from the station. AU the property contained la Mr.
James's box was recovered except a song book, a pair of
gloves, and a carved image.
By the Court—The mode in which lingerie was generally
delivered up to passengers was Ant if • person west to the
porter, and said he wanted a box or parcel- of pi
certain des•
emption, and bearing a particular name, such box or parcel,
if tined, would be ;peen to the party asking for it without
further inquiry. Ifs box without any name upon it was
asked for, it would be given up to a person who produced the
key belonging to it.
In answer to Mr. Clarkson, Mr. Collard stated that when
he accosted the male prisoner in Albion-street. he said, after
tlif him (Collard) that the things were ell safe, that he
he would do the best he could f •f them.
r. and Mrs. Jenne identified the property, the whole of
which was produced. The box belonging to the female pri-
soner was also produced and identified.
Mr. Bailey, clerk of the cloak-room at the Paddington
station, was examined at some length. He Mated that the
contents of the box left behind by the prisoners were worth
about 31. .

Mrs. Junes, on being recalled, stated that some lies col-
lars, which were packed in the box at Cheltenham, had
sines she saw them been converted into chemisettes, and
apparently worn by the female ;trimmer.
Mr. Fell, the chief clerk at the Marylebone police-court,
was called to produce the minutes of the first and second
examination of the prisoners, with a view of proving a state-
ment made by the male prisoner. Some discus ion took
place as to the admissibility of this evidence, the statement
being set forth in the depositions returned to the court, and
ultimately Mr. Clarkson withdrew it.
When culled upon to state what they had to urge in an-
swer to the charge, the female prisoner replied," Nhinte'
but the man entered into • long history of the affair. He
protested with some energy that neither he nor his fellow
prisoner knew that the box was not theirs until they got to
their lodgings that night, and the reason they had cot re-
turned it was that they were ashamed and afraid to do so.
The learned judge, in leaving the case to the jury, ob.
served that, after all, the principal point to be decided wee
one more of law than of fact, and lie almost doubted whether
he was right in leaving them to decide the ease, instead of
taking it into his own hands. However, the ease involvt d
matters which were peculiarly for the determination of a
jury, and they would therefore bear what he bad to say u
to the law, and then apply his observations to the facts, and
decide accordingly. After going through the evidence, his
lordship said that before the prisoners cou'd be found guilty
thej 'try mast be thoroughly satisfied that at the very mo
ment they gat possession of the box in question they knew it
was not theirs, and intended to rob the legal owner of it,
and that they were not misled by the circumstance of the
surname " James" being upon it. The prisoners did not
know what the contents of the box consisted of, or whether
they were worth 201. or 20 peace. Both Mr. James' box and
that belonging to the prisoners were covered with canvas.
The property, though it had bean in their possession a
month, had not been sold or made away with, and under
these circumstance", however improper end reprehensible
their conduct might have been in detaining the property
alter they knew it was not theirs, could they be convicted
of stealing it ?
The jury, after a short deliberation, Acquitted both pri-

The Court, upon the application of Mr. Clarkson, directed
the costa fur the prosecution to be allowed, intimating that
the Court considered the company had taken a very proper
course la prosecuting the cue.
All the property in the box was given up to Mr. James,
and the prisoners took poesesuon of their box.