The Express.
London, England, 1851-10-31 00:00:00

VENTRAL CRIMINAL COURT..

OLD COURT.—YESTERDAY.
Barons Ms. 'ernes Ciumswatt.
Josiah Westley, :39, bookbinder, was indicted for felo- I
niuusly Cowing and uttering a bill of exchange for 100/.,
with intent to defraud Messrs. Glyn and Co.
Mr. Bodkin and Mr. Huddlestone were counsel for the
prosecution; the prisoner was defended by Mr. Clarkson
and Mr. Ballantine.
From the opening speech of the learned counsel for the
prosecution it appeared that the prisoner, who had curried
on a considerable business as a bookbinder, in Playhouses.
yard, Bleckfriars, had fur three or four years kept ma se.
count with Messrs. Glyn and Cu., and latterly they Mil
discounted bills for him fur a considerable amount. On the
Ilst April of the present year the bill in question, which
:lirto be accepted by James Gilbert, a bookseller
e, was so discounted in the ordinary way of Mul-
attos and the amount placed to the credit of the prisoner,
and upon the bill coming due it was dishonoured, and this
led to inquiry, which resulted in the discovery that there
was no such person as James Gilbert at Yore, and the
present prosecution was in consequence instituted against
the prisoner.
Mr. Williams, the discount clerk at Messrs. Glyn and
Co.'w, produced the books and proved the formal facts
elf the case. In addition to the bill which was the subject
at the indictment, he proved that two other bills, for the
respective amounts of 1131. 15s. and 1151., officially ac-
cepted by George Maste.., sprinter at Leeds, were also dis-
counted for the prisoner.
Upon being cross-examined by Mr. Clarkson, the witness
stated that the discount transactions of the prisoner with
the bank had been very extensive, possibly to the amount
of 20,00..1. clove his account was first opened. The prisoner
had represented that his capital was not sufficient to carry
on his business, and he repeatedly applied for discount ac-
commodation; and the prisoner had given the bank a lien
upon some property in which he had a reversionary interest
as security for the advance% they made to him. The witness
also said that inquiries were made when two of the tills he
had referred to were dishonoured, but en criminal pro-
ceedings wete taken against the prisoner until atter Le was
declared a bankrupt.
Same witnesses were then called who proved that there
were no much persons as James Gilbert, a bookseller, at
York; or George Master, a printer, at Leeds.
Mr. Clerkwu, at the close of the ease lie the prosecution,
said that the prisoner desired himself to address the court
in answer to the charge.
He accordingly read a written statement to the following
effect ;--The primmer said that he v. as placed in his present
painful position by circumstances over which he had no
control, and as to toe charge of forgery, or feloniously ut-
tering a forged instrument, he was entirely innocent, And
he had Loped down to the very last moment to be able to
produce the persons who had in reality committed the
offence be was charged with. lie entreated the fury to
take into consideration not only the position of himself, but
that of his wile and family, and to believe that it was pos-
sible tor an innocent person to be made the victim of really
guilty parties who declined to come forward and expose
their guilt. His present unfortunate position arose entirely
from the conduct of one of his relations, who was under
great unligations to him fur hating set hint uyin
business. Having himself a large blifillCSS rciiiitnng
sometimes so much as oue to two hundred paw's per week
for the payment of wages, the jury would naturally asp-
po.,,e that he was occasionally pressed for muney, and hating
mentioned his difficulty to his brother, lie told ban that he
could procure him accommodation acceptances. Placing
confidence in the representations of his brother, he did
draw these bills, and his brother procured the acceptances
for him, and he believed them to be genuine, and passed
them away as buck to sewn. Glyn and Cu., and lie in-
tended to have taken up the bills when they arrived at
maturity but was prevented from doing so by unnirseen
circumstances. Ile said that so much as 90,0001. of his
money had pinned through the hands of the bankers
on Lis account, and they held security upon pro-
perty which Lad been recently valued at 4,0001.,
and he therefore thought that he had sonic claim
upon them, and he called the attention of the court and
jury to the tact that they did not take any proceedings
against him until be was, declared a bankrupt. The prima.
tier in conclusion asserted in the must solemn manner that
he was guiltless of any knowledge of the forgery or of any
intention to defraud the prosecutors.
Mr. Justice Creeswell, iu aunnuing up, said that as there
was no evidence to support the charge art forgery, the only
question fur the jury to consider was whether the pre. 'nee
had uttered the instrument in question with a guilty know-
ledge that at was forged. It was his duty to tell them that
in point of law the placing the name of is nun-existing per.
son as an acceptor to a bill of exchange with intent
to detraud amounted to the crime of forgery, and it was tar
them to say whether upon the evidence they were imti-tied
that when the prisoner, passed away this bill he was aware
that nu such person as James Gilbert, a bookseller at York,
was in existence. They had heard the statement that was
made by the prisoner. and his admission that the bill was an
accommodation bill; but it was for the jury to consider whe-
ther, even according to his uwu showing, he must not have
known that there was nu such person as James Gilbertoind
if he did know this, Lis offence in law amounted to uttering
a forged instrument. It was evident that there had been
very extemive discount transaction between the pri-
soner and the bank, and it was certainly rather a
curious circumstance that when two of the bills had been
dishonoursil, and inquiriee had no doubt been made re-
specting them, that no steps were taken against the prisoner
unti. lie was declared a bankrupt. The jury would, how-
ever. take all the circurnetauces of the ease into their consi-
deration, audit the statement made by the prisoner raised
any serious doubt in their minds upon the subject, they
would of course give him the benefit of such doubt, and
soy that he was nut guilty.
f tie jury retired, and were absent about half-an-boar,
when they returned a verdict of Nut Guilty.
Mr. bodkin said there were two more indictments against
the prisoner having reference to the other bills, but as they
involved the slime facts he did nut think it teeessary to
proceed with teens alter the Conclusion the jury Lau er-
rieed at.
A verdict of Not Guilty was accordingly taken upon both
charges. _ _

--
Thomas James Eduard Pommy surrendered to take his
trial for the manslaughter of Anne Shaw.
Mr. Huddlestone prosecuted, Mr. Clarkson defended the
prisoner.
1 he prisoner was in the service of Mr. Anderton, a grocer
in Old-street, and it appeared that on the night of the 14u
September the deceased purchased some article of the pri-
soner, and she insisted that he had given her aixperce too
little iu change. The prisoner asserted that he had giver
her the correct change, and the deceased then became very
violent, end made a great disturbance, and at length the
prisoner laid hold of her and endeavoured to put her into
the street. The deceased struggled with him, and in the
course of the scuttle she fell to the ground and injured her
head, and died shortly afterwards.
Mr. Clarkson was about to address the jury for the pri-
soner, when Mr. Justice Maule interposed, and said he did
not think the evidence was sufficient to support a charge of
manslaughter.
The jury therefere, under his lordship's direction, re-
turned a verdict of Not Guilty.
Henry Howard, who had pleaded guilty to four indict-
ments for forgery, was brought up for judgment.
The nature of the offence imputed to the prisoner was
this :—He used to apply at the different money-order offices
for an order for a small amount, such as a shilling ; and,
baring obtained the genuine document, he dexterously
altered it no as to make it appear to be an order for live
pounds, and he then passed the fictitious order away to
some tradesman in payment for goods to the supposed
amount of the order. There were four separate cases
breught forward against the prisoner, and many others of
the same kind could have been established against
lie was sentenced to be transported for seven years.

NEW COURT.-YESTERDAY.
Suomi nut Rscoanut.

Edward Macey, 24, labourer, was indicted for burglary
in the dwelling-house of Thomas Williams, and another,
and stealing • table cloth, and other articles, their property.
Mr. Carteen prosecuted, and Mr. Charnock defended.
The facts were these--One of the police stopped three I
men on the night of the 28th of September, in Collinwood.
street, Blackfriars, one of whom was the prisoner, The I
appearance of one of the men being bulky, the officer was
about to search him, when he was struck, kicked, and
thrown down, and the men made off, but not without a
severe struggle with the officer, and then leaving a hat with
the property above-named in it, which turned out had been
stolen from the prosecutors, who are drapers in blaekfriars.
The prisoner, being known, wsa taken shortly afterwards.
The jury found him Galley, and he was sentenced to 12
months' imprisonment.
dliehacl arm, 23, labourer was indicted for burglary in
the dwelling-house of Edward Newland, and stealing a
night dress and shawl, the property of Catherine Connelly.
The prosecutrix, a girl about 15, stated that she lived ser-
vant to Mr. Newland, who resides in York-terrace, Trinity
Church-road, Newington. She sleeps in the front kitchen,
and on the morning of the Bth of October she well awoke by
hearing some one in the kitchen, and on looking she saw
the prisoner and another man searching the place. She
feigned to be asleep, and prisoner, who had a light, came
several times and looked at her. They tried her master's
bureau, and at last alter being there some time one of them
took a lung instrument from his coat and forced her mis-
tress's clothes boa, and she then screamed out, upon which
the prisoner threw the lighted candle at her, and then
threw himself on the bed to stifle her tries, and finally ran
oat of the kitchen.
It further appeared that the master, bearing the cries,
threw up the back window and saw the prisoners getting
out of the back-kitchen window. The alarm losing given,
prisoner was apprehended in the rear of the premises.
The jury found him thrifty.
It basing been proved that be had been before twice
cony ht.
Ilia Lordship sentenced hint to ten years' transporta-
tion ; and, haling highly commended the courage of the
proseentriz, ordered her a soetreigu as a reward for her
conduct.
In the course of the afternoon the grand jury were dis-
charged, when they made the subjoined presentment :
" that, in the altered state of juries, compared with
those in which the systi no originated, grand juries are nu
longer necessary or useful for the administration of
justice.
The inquiry before the grand jury is secret and ci parte,
the evident: is exempt from the penalty of perjury, and
therefore cannot be relied on for the purpose of controlling
or revising the decision of the committing magistrate, who
has heard both sides of the case in open court, and the sys-
tem opens • door for indictments originating in motives of

revenge, extortion, or intimidation, which the parties I
would not venture to prefer before a tribunal having the
power to hear both sides of the question. It also affords
opportunities for corrupt compromises, by which some of
the worst offenders escape from justice.
"To these evils are to be added the heavy and useless
expose to the county, and the waste of time to prosecutors
land witnesses in attendance upon the court."
His Lordship said he would take care the presentment
should be forwarded to the proper quarter.