The Express.
London, England, 1849-12-18 00:00:00

CENTRAL CRIMINAL COURT.

CRAIG' OF CONOPIRACY.—Tun GRAND JOST STIFFEN.
novas Bernard M. earthy, 44, George M'Carthy, a
young lid, his mit, James Grady, 61, and Ge .rge Grant, 33,
surrendered to take their trial upon an indictment charging
them with unlawfully cnnspiting together to defraud Henry
Barr of certain goods and chattels.
Mr. Parry prosecuted. Mr. Ballantine defended Grant,
Mr. Robinson, Thomas and George M'Carthy. and Mr.
Hurry defended Grady.
This was one of those case. which came before the court
upon the finding of a bill by the grand jury, witho,.t the
intervention of a magistrate. It appeared that the prose.
curer, Mr. Barr, was the seoretsry and also one of the prin-
cipal shareholders in a loan socety, and in August, 1847, the
defendant, Thomas M'Carthy, who at that time held the
lease and occupied the Heed and Flower public-house at
Fulham, applied to him for a lean, and a sum of 100/. was
a trained to him upon the joint promissory note of himself
and the defendant Grant, who was his brother-in•law. In the
commencement of 1848 some negotiation took place for a
further loan, and eventually another sum of 701. was ad •
minced to the defendant, Thomas M'Carthy, and he gave as
security a bill of sale of the whole of hie furniture and effects
in his pablichouse for the repayment of the amount that had
been advanced. It seemed that the money was not repaid
according to the arrangement between the parties, and the
prosecutor put the bill of sale into force, and miaow d a con-
' siderable portion of the furniture preparatory to its being
disposed of by auction. Boma further negotiations then took
plate between the prosecutor and the defendant Thomas
M'Carthy, which resulted in the latter wiping his lease
and giving up all his licenses to the prosecutor, who, as an
equivalent for his doing so, agreed to restore the furniture
that had been removed from the premises, and
also covenanted by a written agreement not to put
the bill of sale into force until the lst of September
following, the understanding being that the money was to be
repaid before that day. This, it appeared, was not dons, and
the foundation for the present indictment appeared to be
that about the period covenanted for by the prosecutor as
that to which he would not put the bill of sale in force,
the property upon the premise', or at all events a consider-
able part of It was taken to different places, and only a por-
tion of ft had some Into the on of the prosecutor. The
evidence against Thome 'Carthy and Grant was to the
offset that they were present when some of the goods were
rewaved, and that the bill of sale was shown to the latter;
bet... regarded the other defendants there did not appear
to be a tittle of evidence to show any illegal conduct
on their port, the lad being merely proved to have
been in his father's home when some furniture
was taken away, and the other defendant, Grady, who weal
a servant in the public-house, appearing merely to have acted
under the orders of his muter. In the coarse of the ow it
transpired that, in addition to the bill of sale, the proem
for was still in prearsaion of the lease, which was renames&
to be worth more than the amount that bad beim advised
to the defendant, Thomas M'Carthy, and also the licenses
of the house ; and it likewise appeared that although the
whole of the property was charged in the indictment le
have been removed, in point of fact, a considerable
portion of it still remained upon the premises, and that not
more than 401. or 801. worth were out of the possession of
the prosecutor ; and it was also shown that an action for
trespass had been threatened eh,ainst the prosecutor, arising
en of his reseeding. in entering upon the premises of the
delbmilent'llimmes Wearthy.
The Oseensa ilsojenat, at the close of the ease for the pro.
seention, said these was not tee least evidence egeleet the de-,
andante, Gone M'Csrthy and Grady, that would support
• sheep of effalken, and therefore they need not be Wiwi
Me to newer the dregs.
Mr. llellentne, la the course of his address to the jury*,
the dedminat Gnat, charm:wrist d the prosecution as sees of
the mist wicked and abominable character, and said set
hid emilvady bean negated from private and vhdislies
meneme. end he observed that it was shocking is me
tie osimleal law of the sentry twisted to such naves*,
objeele. Ile submitted that it was perfectly clear these
wee set the slightest evidence against the lad
11.0selety or the men Grady, and yet they had bere:
eluded In the indieleasse. evidently with ste other
than le Gomm mad degrade them and prevent the=
giving evident whin might have bees material to the other
parties who wen ingadid in the charge.
The Oemmen liedeamt, in summing up the ow to the
jury, said it amps appeared to him that charges of conspi-
racy ought to be wateked very nanowiy, because they spread
every large net to catch anyone in, and a charge ot con-
spiredwee frequently resorted to when parties found
was
not sung is a civil actin. It was
dos ly necessary to watch gush ewes narrowly, when it
appeared that those who instituted the possontioa went up
to the greed jury room sad obtained a bill upon in pare
evidence and In the absence of the parties amused. He con-
sidered We the greatest absurdity consoled with the grand
immure, end ha was of opinion that it was much more
aet for sharps to be made publicly before a aegis-
test., and thus give the party accused an opportunity of
knowing what he wee charged with, adof answering the
charge. In this case it appeared to him that there was no
evident whatever spies% the defendsats G. M'Carthy end
Grady, and the only question the jury had to
decide was, whether the evidence satisfied them, under
the circumstances as they bad been detailed in the course of
the case, that the other two defendants bad conspired to-
gether with the object imputed to them by the indictment.
Th,s: jury immediately returned a verdict of Not Guilty.

They des'red him to drive to Mile-end-road, and were all I
evidently ripe for a spree, so off he drew. Before, how-
erre, be got to the extremity of Cornhitl, the herd of one of
them came bounce through the glees and bawl( d for a
policemen. The poizeman came, and the gentleman who
had invited him gave the prisoner in charge ior stealing
the w ch. That was all he knew about the bitaintss.
• Alderman frlumphery—ls the prisoner one of the parsons
who were in the cab ?
Cabman—That I don't knew. The night was dark, you
see, sir. I'm sure I couldn't see.
Alderman Hurephsry—But there was gas-light in Corn-
hill, was there not ? and I dismay thus was gte-light in the
Strand, was there sot ?
Cabman—Yrs, your worship, I should may there was ; but
then, you see thy was all in confusion getting in and upon
the cab. We cabmen's accustomed to the sort of thing.
Half a dens gentlemen will sometimes get in a cab, and half
a sit :en outside, first-rate swells. I do aseure you, and then
we all cut along with cigars in our mouths, every man of us
Alderman Ilumphery—And what did 'on de with the

gentleman ? - -
C rburan—After he gave charge of the prisoner, I drove
him home to Wellington-square, Mile-end.
Alderman Hamphery—.And you don't know whether the
prisoner had been with him in the cab ?
Cabman—No; it wrs no busineu of mins. The gentleman

paid me.
Alderman Humphery—And it wu no hurinees of yours
whether the gentleman wu robbed or not ?
Cabman—Not a bit of it. We have nothing to do with
that. That's the gentleman's ',wines..
Alderman Humphery—A very respectable sample of a
cabman you are.
Cabman—Why, your worship, I hops I am like the nat.
Alderman Humphery—Well, I shall further investigate I
this robbery on Tuesday neat —Remanded.
Ronneav or SKlNC—Josicils Thompson was committed
for stealing some valuable skins out of a cart, in which he
was aceommodated with a seat by the driver, to whom he was
kaolin.. He sold the skins for Ili. 144., and he u-ured the
prouentor that the distress of his faintly, which. being large,
required a large sum of money to set them going, was the
sole cause of his dishonesty.
The Lord Mayor requested that the press would kindly
acknowledge the receipt of 101. from the Worshipful Com-
pany of Fishmongers ; 21. tram J. H. H., per Healing, and
Sharpe ; and 65., amount of a disputed sum, for the poorbox.

HABLBOROUGHHTBEET.
A COMICAL MISTIME —Among the usual double com-
plement of Monday drunk and incepAbles was one offender
whose juvenile dimensions drew everybody's observation
towards him. Though his head hardly reached the height
of the bar, he had been found as thoroughly tipsy and help-
less as the tallest of the antixemperance batch
The magistrate evidently regarded the case, from the
seemingly tender years of the culprit, as one of no ordinary
enormity, and as the preliminary step to a suitable lecture,
demanded the offender's age.
A squeak was heard in reply, which sounded like four-
teen.—Mr. Bingham—Fourteen years old, you say.
Defendant—No • 1 said forty-three. (Laughter.)
This age sppeered to be the true one. The defendant
was one of some celebrity as the dwarfish rival of Tom
Thumb. Nature, however, in a sudden freak of generosity,
so enlarged his dimensions that he was obliged to with-
draw from public life, and take to the noble art of tailoring.
He had tried to exhibit himself as " one of the largest
dwarfs in the world," but the public taste not being en-
gaged, his second disappointment had driven him to drink.
lie was discharged.
AtARYLEBONEI,

CHARGE AGAINST A PROVINCIAL POLICE INSPECTOR.
—Edward Samuel Evans, who at the station. nouse described
himself as an inspector of police in Hertfordshire, was,
together with James Woodward and J. Davis, charged
with drunkenness and rioting, and also with committing
violent assaults upon metropolitan police-officers. The pri-
soner Evan, had on his uniform, over which was buttoned
• great coat.
Sergeant Bewley, 20 1), deposed that on the same morn-
ing, at 2 o'clock, he heard a loud noise is the directioa of
Os'ord street, and, on hastening to see what was the mat-
ter, he found the three prisoners in Duke-street ; he asked
them why they were making such a disturbance at so no-
seemly an hour, when Evans exclaimed " How dare you
ilea to me, sir ? lam an inspector of the A division, and
am sent by Colonel Rowan and llr. May to look after you,
and see that you do your duty properly." Witness desired ,
them all to go quietly away, but they refused to do so, and
Evans struck silll a violent blow on the chest. Woodward
also kicked him, and, upon his springing his rattle, other
constables, who speedily came up, secured the prisoners, all
of whom were quits drunk.
Spink, 208 D, said that on the way to the station Davis
struck him on the back part of the head with his stick. In
• strugg:e his (witness's) coat was torn.
Sprats, 213 D, who assisted in capturing the prisoners
aad conveying them to the station, said that on the road
he received from Evans, the inspector, a severe kick. He
bad seen him and the other two pris :nen lurking about in
a very auspicious manner, some time before he heard the
sound of the rattle, which Bewley had sprung. He saw
Evans and Spink upon the ground, both of them having
fallen in a struggle with each other.
Mr. Lone (to Evans)—Are you really an inspector of
police as stated in the charge sheet f—Evans-1. am, sir.
Mr. Long—What is your answer to this ?
Evens—The fact is, your worship, I was upon special
duty, looking out for some bad characters, when I and Mr.
Woodward were improperly interfered with. I know no-
thing whatever about the man Davis; he was not in our com-
pany at all, but I suppose he was set on by some one as a
spy upon us. I don't believe that I assaulted any one, but
if I did forget myself it must have been through excitement.
I was on the spot in the discharge of my duty, in the pursuit
of a certain object.
The ether two prisoners denied also that they had assaulted
any one.
Mr. Long remarked, that the offence of Evans, from the
important positioa which he held as an inspector of
police, which had been clearly proved, must be more
severely dealt with than that of the other prisoners, and
he slreld, therefore, sentence him to pay the full penalty of
51. Woodward and Davis were fined 60s. each.
The penalties were, prior to the cloaing_i2f the court, paid.
WILFUL DAMAO, AT MARYLERONK WOREHOUSIL fV
Fronde was charged as follows : The assistant overseer of
Muylebooe workhouse deposed that on Friday morning last
he relieved prisoner, who made application to him at the
workhouse. He then went away and on the next day came
again, when complainant said he should not so soon again
assist him, and desired him to look out for some employment,
as Le was quite strong and able to work. He then teok a
atone from his pocket and threw it through a pane of glass.
He was given into custody and conveyed to the station-
house.
The prisoner, oa being asked what he had to say, admitted
having done the damage, and in default of his paying 34., he
was sent to the House of Correcti,a for ten days.