The Express.
London, England, 1853-07-07 00:00:00

HOME CIRCUIT.—HZRTFoID, JUT 6.

prisoner Cuuninghem would appear to hive been the jam-
cipal actor in the tries iction, ail that his was the hand In
which tbis actual 'Hence would aNkar to have been
committed, yet he should be in a c.4alition to show that
both the other prisoners were •a.ae of what he was
doing, and the guilty object he ha•l in view, and this
would render them all equally liable in the eye of the law.

The following evidence was then adduced:
Eliza Marden, the prosecuuiz' an innocent looking girl.
deposed that she was 22 years old. and resided with her
father and mother, in Ely-place, Holborn, where they kept
a private lodging-house. The Rev. George Catni.bell Gor-
don came to lodge at. her father's house in ISII, in the
month of November. He went away in April of the pre-
sent year. It was part of her duty to wait upon this gen-
time's, and as improper intimacy took place between them
in September, 1552. In December she found herself ill,
hut at this time she had no suspicion that she was in the
family way. She continued unwell up to the month cl
January, and, in consequence of a communication nimie to
her bye person named Griffin she was induced to go to the
i shop of a chemist in Leather-lane, where she caw the pri-
soner Thomas. She asked him if he was the gentleman
who had been spokes to about a young person, and he
said he was, and then took her into the sur-
gery behind the shop. He then placed his hands
upon some parts of her person, and having done so
he said he thought she was in the family way, and that
he knew a friend who would put her all right. Witness
asks d him bow much it would cast her, and he replied Rot
She said it was a great deal of money, and she did not
know whether she could get it, but she would see. Up to
this time she was not at all aware of her being in the

family way. Thomas then said he would write to cis friend
and see about it. She went again to the shop in two or
three days, and during.that period she had seen Mr. Gordon
every day and made a communication to him. She saw the
prisoner ['homes, and he told her that he had written to hie
friend and he would see her, but nothing was said upon
the subject of money on this occasion. She went a third
time to the shop a day or two afterwards, and then the pri-
soner gave her the address of Mr. Smith, No. 10, Norfolk-
street, Middlesex Hospital. She went to that address about
three days afterwards. Before ahe left the prisoner Thomas
gave her • paper on which was written " Mr. Smith and Dr.
Currie, 110,-Nortulk-street, Middlesex Hospital. To be seen
every day ficim 10 to 12." She went to the plus mentioned on
the paper, which was a chemist's shop, and she there saw the
prisoner Cunningham, who took her into the surgery and
then inquired if she was the young_person Mr. Thomas
had been speaking to him about. IVitness told him she
was. Before Ahe was taken into the surgery she thought
she maw the prisoner Conic in the shop. Witness laid two
which was all the money she had, upon the table,
tri Cunningham
said he would not give her any advice or
do anything until he had the whole of the ten pounds. At
this time she had taken a lodging in Bryant-street, Cale-
donian-road, as Mr. Thomas said she must go away from
lhome ; and it was arranged that Cunningham should call
upon her at her lodgings in the afternoon, when she pro-
mised to give him the rest of the money. She did not, how-
ever, see him until the next day, and in the meantime
Mr. Gordon had given her the money. She went to the
shop in Norfolk-street, and was told that Mr. Smith was
not at home, but the prisoner Currie said that if she
had any message for him he would deliver 11, and she told
him to ask Mr. Smith to come to her lodgkeeta the follow-
ing morning. The primer Cunningham Ad call at the
time she appointed, and she gave him ten psunda. (The
witness then gave evidence with regard to gemsedines eif
the prisoner Cunningham upon this ramie, Irbil* is mil
for publication). Cunningham continued to skit kit nay
day for a week, and on each occasion when he tame, the
operation was repeated, and during the same period he also
administered medicine to her, in the shape of powder of •
greyish red colour. He brought the medicine with him,
and he told her how she was to take it. After she bad
taken the powder she felt very great pain. The prisoner
told her to pour boiling water upon the powder half en
hour before she took it. At the expiration of the week
prisoner told her he bed done all he could do,
and he had no doubt nature would have
her own course, and if she was not well in a
month he told her to come and see him again. While he
was attending upon her he told her that she was not more
than two months gone in the family way. The proucutrix
then proceeded to state that after this she went home to live
with her parents, but finding the symptoms of her preg-
nancy to increase, she again saw the prisoner Cunningham,
who told her he could do nothing for her while she was at
home, and that she must take a lodging. In consequence
of this a lodging was taken for her at Stockwell in the
house of a person named Halcombe, and at this place she
said that Cunningham again acted as he had done before.
During these proceedings she complained to him of the
great pain she suffered, and he told her it would soon all
bo over. She was so ill one night that he remained in the
house all night, and he visited her several times on
the following day, and while he was there her mother
came to the house, and upon hearing who she was
he went out of the room. Upon her mother seeing
the condition she was in she went out to fetch Dr. Green-
wood, and, while her mother was gone, the prisoner came
to her as she lay in bed, and he took something from her
person, and left the room, and she saw nothing of him
again until the Monday following, and he then said he was
glad to see her going on so nicely, and she would be well in
two or three days.
Cross-examined—Sho first became improperly connected
with the Rev. Mr. Gordon in September, 1852. Mr.
Gordon was fifty-five years old. He had been lodging with
her mother for a twelvemonth before anything improper
happened. She used to wait upon him in his bedroom, and
her mother was aware of her doing so. The intercourse
lad continued for two months before she became unwell.
Several medical gentlemen were consulted with
regard to the state of her health, and they
prescribed for bar. She knew nothing of the
Thomas until she was told to go to see him by
&lir
wine was an old servant of her mother. He made
nisAtairy of her whether she was married or single, but
u said that he thought she was in the family way, and
he remennended her to see Mr. Smith. Her mother was
aware et her going to a privets lodging in Bryant-street,
sad she had gone to live them before she saw the primer
Cuwaleighant. One of this medical gentlemen who wee eon-
salted by her mother told her that her illness was eussiened
by some detraction in her stomach, and during all this
time there was no suspicion that she was in the family
way. Cunningham told her, while he was attending upon
her, in the presence of a woman named Cornelia., that her
illness was occasioned by a polypus, and that something
had grown or had gathered in her stomach, and he de-
scribed what he meant by &polypus. He also said that he
bad put a silk ligature round the polypus, with a view to its
removal. The prisoner Cunningham was aware that her
mother had gone to another medical man, and after this he
continued to see her until the Monday following.
By Mr. Robinson—Her mother had no knowledge of the
existence of any improper intercourse between her and Mr.
Gordon. She was never intimate with any other man than
Mr. Gordon ; but a men who lived at their grosses
was introduced into the hasty one evening without her
mother's knowledge, bull nothing improper took place be-
tween them. She akin mad to meet this young man out se
doors without her muffaties knowledge. She could swear
that Thomas told her hat ise anything could be done for hoe
she must get away from he... She was examined by Mr.
Laid, the sepsehstemiest of the polies, about a week after
she saw the poloom Comuloglioa the led time at Stock-
well.
Re-ezamin' ed—She was quite sure that the prisoner
Cuasingham did not make use of anything like Glk or
cord up= any occasion. He acted towards her in the way
she had described eleven times altogether. She beard
nothiag mentioned about s polypus until she was at Stock-'
well. -The Rev. Mr. Gordon introduced her to the woman
Cornelius, and she was with her while she lived in Bryant-
street.
By the court--She never knew Cunningham by any other
OW than Smith, until he was in custody.
Mrs. Anne Marden, the mother of the prosecutrix, we
than 'untied, but her evidence was not material. She
stated, however, that up to the period of her daughter's
going to Stockwell, she had not the least idea that she was
tea the family way, and she was sot aware that she had
been attended by Vie prisoner Counsel= until she west
to sae her as the 17th of April.
Dv. Greenwood, a medical gentleman residing at Ow
ham, deposed that he was called on to set the proseentrutee
tee 18th April, and at that time she presented all the op
mimeo of a woman who had just been delivered, haring
been four or five months in the family way. His exeminer
Lion of the person of the prosecutrix confirmed hie oploion,
and he was satisfied that the prosecutrix had been giumtly
delivered of an abortion.
Dr. Greenwood underwent a long examination by Mr.
Serjeant Miller, but the greater part of the evidence was
not of • nature for publication. The object of the exami-
nation was to show that women were subject to certain ma-
ladies which might be mistaken for being in the family way,
but although be admitted this was so, he stated at the tame
time that it did not at all alter his opinion with regard to
the present case.
Some further evidence brought the case for the prosecu-
tion to a close.
Mr. Justice Talfourd intimated hie opinion that the (mi.
deuce was not sufficient to connect the prisoner Currie with
the specific act imputed to the prisoners by the present in-
dictment, and the counsel for that prisoner was therefore
not called upon to address the jury.
Mr. Serjeant Miller addressed the jury for Cunningham,
and, after entreating them not to allow the prejudices which
must naturally be exulted by the circumstances attending
this cue to operate on their minds, he proceeded to con-
tend that the evidence was not sufficient to justify a convict,-
tion upon such • serious charge. lie commented at consi-
derable length upon the medical testimony, sal urged the
possibility, even supposing the story told by the prosecutrix
to be true, that the prisoner might have been deceived as
the other medical men had been with regard to her symp-
toms, and that he had exercised the beet skill he possessed
to relieve her, and he said that although he might have
been mistaken, still that would not justify his conviction
upon • charge like the present.
Mr. Robinson addressed the jury on behalf of the other
prisoner. Thomas, and he want over a great many of the
arguments used by the learned serjunt, contending that
the case against him was much lighter than against the
other prisoners, and that there was no,proof that he hail the
slightest knowledge of what was going on, or of any of the
proceedings whatever that were taken by Cunningham.
Mr. Justice Talfourd then summed up the whole case in
the most easeful and minute manner, and the jury, after
deliberating about 20 minutes, returned a verdict of Guilty
against Cunningham, and Aciputkd the other two pet-
ellidel.
_ negelesur was at once called up for jeeps*, lei dr
lesiarsabsafter enema/mg his entire wimeerreses in
160 jury, said these send be se doubt ;that
he bees guilty 111 the pielheid Woos Won the '
but there was too no to b mom WTI that be II
Stoles coming on a wi ed look, aid MS he bad

The commission for the county of Marta was opened here
to-day by Mr. Janice Creamsll, and in the course of the
afternoon his lordship proceeded to try prisoners. The
gii,l calendar is very Fight, and it has been arranged that
the ether of the criminal eases are to be disposed of before
the civil •,seiaer is 'marred. At present Friday morning
is fixed Am tits es.pe sesaisat of thenisiprins hairy's,

_______
but is in:. Lord Chief llaros does not, it spielers, Woad to
ease here, tile whole of the initiator of the Noise will hive
to he .I..pcood of 1.3* Mr. Justice Creswell. no muse list,
bows sr, a urßessiisod to r,ry Hest.

CENTRAL CRIMINAL COURT.
OLD COURT.—YERTIRDAT.
sines Ma. lenses TAMMY.
(1/4orfee Coonaspheas, 48, sat Jamie rittegpates
Currie, 41, suressaa, wad George T tlhenfsfs MOM
indicted under the statute for having moulted
Elsa 1,1,rrd.,.., with the intent to procure h ..
The indictment also charged all the prilameekdatly with
sellairliatming to th. proareu.ra a quality of a certain
so:10u. •ir..2, the name. quaaty, and description of which
was unknown, with the like intent.
. Mr. Parry and Mr. Sleigh conducted the prosecution Mr. Serpant Miller, Mr. Clarkson, and Mr. Metcalfe, ap-
peared for Clinsingtians ; Mr. Robinson defended Thomas ;
and Mr. Duncan 'posited for the other prisoner Currie.
Hr. Mew also watched the case ou behalf of the Rev
Mr. Gordon, whose name was mixed up in the transaction..
Mr. Party, in opening the case for the prosecution, said
it beesse his duty to state to the jury the facts upon which
he should ask for a conviction of the three prisoners at the
bar, on the very serious charge made against them by the
present indictment; and he said he should endeavour to do
so with temper and caution, and should refrain from every
topic of exaggeration or prejudice. The CUe had excited a
complereble share of public attention, and many facts con-
nected it had already been made public, but he was
sure it was unnecessary for him to remind them that on the
presvnt occuion they must dismiss everything they had
heard out of dome from their consideration, and be guided
aline by the sworn testimony that would be laid before
them. The learnt I counsel having called the attention of
the 'jury to the statute upon which the indictment was
framed, cud that the pratecutrix was a young
girl only twenty-twe years of age, who resided
with her pariahs, who kept a respectable board-
ing and lodging-house in Ely-place, Holbern, and it
was part of her duty to wait upon the lodgers in the house.
'Unfortunately for her parents, and for the proseestrix her.
self, is the year Itidl, the Rev. George Campbell Gordon
teak up his abode in the house. He was at that time
curate of St Andrew's, Holborn, and he regretted to add
that he was a clergyman of the established church. An
intimacy. it appeared, took place between him and the pro-
secutris, and in the course of the last year he succeeded in
seducing her. and in the month of January last, he be-
lieved, there would he no doubt that the unfortunate girl
was is Ow family way by him, and it was to conceal this
fact that the subsequent proceedings took place which re-
sulted in the present inquiry. Mr. Gordon had lied from
justice, and he need hardly say that he very much regretted
that circumstance, as certainly he should have wished him
to have stood at the bar with the other prisoners,
because, if there was is reality any guilt in the trans-
action, hie share of it was the deepest and the
heaviest. The learned rowel then proceeded to give a
narrative of the facts he prepaid to lay before the jury In
support of the proosw, sad gaid that. although the

THE EXPRESS, THURSDAY EVENING, JULY 7, 1853.

abused the noble science to which he belonged for the most
base purposes. Under such circumstances his du'y left
him no alternative but to pass a s, sere sentence, which was
that he be transported kr 15 years.

MIDDLESEX SESSIONS.-YESTEUDAY.
BITOtt Mt. WIIPIAX, Datt7T-AMISTAII7 JIM*.

Joho Garrick and Thomas Riley were indicted for having
unlawfully committed an aggravated assault on Richard
liteanan, a police sergeant, in the duo execution of his
office, and in further counts of the indictment they were
charged with like assaults on two other officers named
Stewart and Collard.
The jury acquitted the last named defendant, and found
Garrick Guidry, and he was sentenced to six months' hard

labour.
Richard Roadnight, a farmer at Pinner, James Gladnum,
and James Sibley surrender.d to take their trial on an
indictment in which they were charged with haying as-
saulted Edward Lunton, and inflicted upon him grievous
bodily harm.
This case disclosed • proceeding which for audacity and
impudence would not suffer in comparison with any that
has formed the subject of investigation in this or perhaps
any other court of justice of the metropolis. The case on
the part of the prosecution was shortly this : The prose-
cutor, a young man, who stated that he was a broker's
assistant, residing somewhere in the neghbourhood of East-
, lane, Walworth, one day.toward the latter end of May last,
without any previous intimation, suddenly made his ap-
pearance at the farmhouse of Mr. Roadnight, the first-
named defendant, and took pessessio ,ii under the
authority of what purported to be a distress
warrant, signed by one Westbrook, • broker, act-
ing on the instructions of " William Preston, Esq.,
solicitor, of Moorgete-street," who was acting on be-
half of one Wilshio, who claimed the property, of all the
goods and chattels, alleging that there was an arrear of
rent due to Wilshin to the amount of 50/4 exclusive of
certain costs and expenses, which were enumerated on the
"warrant." Astounded at such conduct, Mr. Roadnight,
who had paid rent for the premises for forty years and
upwirds to one family, and who knew that no such pro-
ceeding could emangte from his landlord or the agent, wrote
to the latter, inquiries were made, and the prosecutor
having been cautioned that if he did not leave he would
be ejected per force, and still persisting in remaining in
possession, and no doubt liking the comfortable quarters
the farm-house kitchen afforded sufficiently to induce him
to run the risk of being turned out, he, and one Phillips,
who appeared to be • kind of man Friday to him, were
ejected, but with no more force than was required, from
the house one night at half-put 10 o'clock. They fought,
screamed, kicked, and resisted in every possible way, but
all they could do was useless
sagainst the muscular
power of • mason whose services were called in
aid on the occasion, and who, in describing the part he
took in the transaction, said—" I carried one out and put
him down in the road, and then went back for t'others.', It
was for this assault that the defendants were indicted. The
prosecutor said he went to a magistrate's house at Harrow
to get justice, but the only answer he got was, that his wor-
ship was ill and could not attend to Dwane's; and then he
was advised by Mr. Westbrook to prefer this indictment,
which he did, without the defendants knowing anything
about it. The prosecutor said he was under the doctor's
hands fee three weeks, and his medical man, or at least a
portly, pompous, self-conceited, but dreadfully shabby per-
son, who stated that he was a doctor, was called to prove
the nature of prosecutor's injuries. The excellent opinion
this individual entertained of himself may be ascertained
from the following answer, given to a questioa put by Mr.
Bodkin (whom he called Seeking Wilkins), as to his pro-
fessional acheivements I have studied medical juris-
prudence, and, winking, I know something of the law, too,
'rather (another wink), and I beg to say, serjeant,
that I possess qualities and accomplishments which
would adorn many on the bench of justice ;"
sad as he concluded he emphasised this eulogy
as himself by a tremendous thump on the front of
ties witness-box. His name he gave as Dr. Willem Henry
Dry, of Salisbury-plasm, Lock's-fields, and Mr. Bodkin hav-
ing misunderstood the name, asked him if he said Dr.
Durk. " No," le replied, " I did not, I said Dry, and
• wfll find me a Dry subject, Serjeant Wilkins." The
pmenenter, he said, was placed in his professional care on
tha 19th of May for the injuries he sustained in this affair,
hat the date given was a week or more before the injuries,
each as they were, were inflicted. He said his patient suf-
fered from four fractured ribs, and was attended for three
weeks, pleurisy having resulted from the fractures. His
amounted to 21. 10s., and, in consequence of Mr.
having refused to prosecute in the case, he, the
wilmeth, was left to act as spokesman. From the interest he
appeared to take in the issue. Mr. Bodkin said it occurred to
him that the payment of the bill was dependent uron it.
The witness's conduct in the witness-box, and in the court,
excited much laughter.
Mr. Bodkin, in his address to the jury, said this was •
most nefarious transaction, and one of three modes
of defrauding the public at present practised. The
real history of the cue was this :—Without the
slightest pretence or pretext of right, designing indi-
viduals made up these distress warrants, under the pre-
tended authority of which they had the impudence to take
possession of a person's goods under the claim of some ideal
personage, for the sake of extorting money, dragging par-
ties into litigation and then demanding money to step pro-
ceedings, and subjecting them to the greatest annoyance.
Mr. Roadnight wu a very respectable man, a farmer, and
had occupied these premises for forty years, a period which
would make any title good against anything,i and be owed
not a guinea in the world but what he could well pay, and
on finding this prosecutor in possession for rent, on behalf
of a person of whom he had n heard, instead of turning
him out then as he would have been justified in doing if
he refund to leave, he sent to the solicitor to his landlord,
inquiries were set on foot, and the result was Olio—there
was no such person as "W. Jackson, Esq., of Moorgate-
street," that was an ideal solicitor, and at the address of
Westbrook, given on the warrant, in Cobourg-street,
Easton-square, they certainly found a person of that
name, but not a broker, however, but a shoemaker, who
had been there but a very short time. tinder these cir-
cumstances, there being no claimant of the property, Mr.
Roadnight told the prosecutor that if he did not leave of
his own accord, force would be used to eject him, and
as he would not leave, why he was very properly turned
out. Mr. Roadnight bad the precaution to have the parish
constable, the defendant Madman, present, to see that no
more force than was necessary was used, and the prosecutor
had been cunning enough to include him in the indictment,
so as to prevent his being made a witness. He (the
learned counsel) was perfectly confident that when he
had proved this in evidence, the jury. would not allow
themselves to encourage such base and infamous proceed-
ings, by having one moment's hesitation as to the verdict
they should give.
Witnesses were then called, whose evidence established
the above facts. The barber of Pinner was one of them,
and he proved that the prosecutor and his companions,
Phillips and another, went to the Queen's Head public-
house and enjoyed themselves right merrily the night they
were turned out, although the former declared that he was
so dreadfully Witted and hurt that he could scarcely walk,
and produced his trowsers, a handful of rags, and said they
were in that state (though good before) after he had been
handled by his assailants.
Mr. Witham stopped the ease, and directed a verdict of
Not Guilty—a direction which the jury eagerly complied
with. He then inquired if it was known whether any other
case of the same kind was known of.
The barber said there was. There was a fictitious dis-
traint put in on the premises of a Mr. Wilshin in the same
neighbourhood about two months ago by the same parties,
and they remained in possession 16 days, having a fire in
the barn.
Mr. Witham asked if that Mr. Wilshin was the patty re-
presented as the claimant in Iloadnight's case ?
Mr. Welkin said it was not—there was no such claimant.
Mr. Witham said he was surprised they were not taken into
custody by the police and prosecuted.
The barber said the police were afraid to interfere ; they
could not take them as they were armed with great sticks.
(A laugh.)
Mr. Witham said the police could have taken then easily
enough if they had liked.
Mr. Bodkin said it was probable that further proceedings
would be taken.
The prosecutor, instigated by Dr. Dry, had the hardihood
to apply for his expenses. He did not obtain them.
James hPRaw, a sergeant in the D division, appealed
against an order in bastardy.
Mr. O'Brien appeared for the appellant, and argued that
there was not sufficient proof of the payment of money
for the child beyond the evidence of the mother.
The court confirmed the order, and Mr. Witham re-
marked that the ease was one in which the appellant, •
sergeant of police, figured very badly. Mr. Witham, on
the application of Mr. O'Brien, said he would grant him a
case for the Queen's Bench.
The mother of the child said she was a servant when she
became acquainted with M'Raw, and he had allowed her
money for the support of the child up to the time it was
fifteen months old.
Her landlady stated that she (the mother) had had two
children by this man, and she had halfatarved herself to

support them.
The mother here burst into tear,.
Mr. Bodkin said this poor woman had no means to sup-
port her case in the Court of Queen's Bench, and should it
ever come there he would undertake to attend to it for her.
The learned gentleman then privately gave instructions to
her as to communicating with him on the subject.
Mr. O'Brien said it was not likely that the cue would go
further.