The Express.
London, England, 1847-12-02 00:00:00

the canoe of death. The 6th and 7th of Will. IV. enacted
that witneesee should be paid by the oftener under pertain
circumstances, and be contended that the plaintiff made a
claim under circumstances not legal.—The Judge observed
that the act of Victoria 1., chap. 68., sec. 2, totally re-
pealed the one defendant had referred to, as it expressly
stated that immediately an inquest terminated, all witnesses
and other incidental expenses idled be paid by the coroner,
who will be reimbursed by the justices at quarter sessions,
the different sums allowed being stated thereto, amongst
which was medical fee, 11. Is. Only the last Trinity Term
Lord Denman had tried a case heard on a mandamus against
the justices of Carnarvon, who refused to allow a coroner for
a medical witness, but whom, by the decision of his lordship,
they would be eonspelled to pay. In fact, according to the
act he quoted, they had no discretion in the mattes, and he
was of opinion that it was of no consequence which summons
a medical man received, for even if he was in a room, and
should unexpectedly be called upon to give tvidence, he
could substantiate his demand. Plaintiff: My evidence was
strictly medial, and if I had not attended when summoned
I should have subjected myself to 51. penalty.—Judge : It
would be a very bad precedent to confirm the nonpayment
of a !medical man summoned as a witness, and great difficulty
would by so doing arise in getting such witnesses to attend
inquests. This action, instead of being brought in " tort,"
has been instituted so though a contract existed, through
which technical mistake the plaintiff is liable to be non-
suited ; but he can, of course, recover by obtaining a manda-
mus, and I, therefore, should advise you, Mr. Mills, to take
the case into your own hands.—The defendant agreed to pay
the plaintiff, although, at the same time, he felt convinced
his Honour was wrong In his construction of the act.

and Stager, and eked for his money, which they promised
to let him have in a few days, but be never received it. The
gloves it appeared were sold to MOOTS Leaf, Barnett, and
Co., at a rauctista of 26 per mat. upon their original prim,
by Cuissel, and in consequence of something that afterwards
transpired these gentlemen it appeared afterwards made •
communication to Mews. Routledge and Co., upon the sub-
poet of the sale.
Mr. Grey was here recalled, and said that upon applying
to Holiday foe his money he told him that his partner, Gard-
ner, was at Berwick with $OOl. in his pocket to buy a ship.
He subsequently went to • public-house in compasy with
some other persona, and he saw Holiday and Cuissel there,
and on his asking the former if he knew Caine' he replied
that he did not, and Cuissel then went away. When he
was gone Holiday said that Cuissel and Gardner were the
rogues, and that he was the dupe. Gardner came in shortly
afterwards, and he was given into custody.
Evidence was then adduced to show that Loup disposed of
the greater portion of the second quantity of rope obtained
from Mr. Gray, and it appeared that upon one occasion,
when he was offered 341. a hundredweight for the rope, he
declined to take that sum until be had consulted his prin-
. cipal, and he afterwards consented to take the sum offered.
He stated to the person who purchased it that he did not
know who the maker was, but he sold it for a gentle.
man who had advanced money upon it, and he made out the
invoices in the more of H. Cuistel, who he said was his
principal.
Kebblewhite the constable was then recalled, and he said
that when he served the summons upon the prisoner Loup to
attend as • witness, he told him that he knew very little
about Cuisiel, and that the sale of the rope was the only
transaction he ever had with him, and he added that he
knew nothing whatever of Holiday or Gardner. In answer
to a question put by Mr. Clarkson, this witneu said that
Loup was examined as a witness in the first instance before
the Lord Mayor.—The :deposition nude on that occasion by
Loup was put in and read. He then rated that on two oc-
casions he did sell rope for CuMel, and he gave the names of
the parties to whom he odd it. This closed the case for the
prosecution.
Mr. Clarkson first addressed the !jury for the prisoner
Loup, and the defence he set op was that there was not the
slightest evidence of his having anything to do with the
original conspiracy, and that with regard to the sale of the
rope he had acted bona fide as the agent of Cuissel, and he
bad ne guilty share in the transaction.
Mr. Ballantine made • defence of a similar kind for Seeger,
and urged that he had unfortunately come into the service of
two persons who had conreeed that they were swindlers, and
that he had merely acted under their orders and as their mr-
vent in the share he had taken in the tramaction.
Witnesses were called who gave a good character to the
prisoners Loup and Seeger. The former, it appeared, was
formerly in the service of a highly respectable firm in the
Old Jewry,which he left on the death of the principal, when
he set up in business on his own account in Cateaton-street,
and for some time carried on an extensive business.

CENTRAL CRIMINAL COURT.
OLD COURT.—Before the Recorder.
DEYRAIIDDIO Jaweemina.—H. Gardner, T. Holiday,
J. Seager, and J. Loup, were indicted, with 11. Cutssel, not
in custody, for unlawfully conspiring together to defraud'
tradesmen of their property, and in other counts they were
charged with obtaining goods by false pretences.
Mr. S Benton, a jeweller on Ludgate-hill, said that on
the 7th ofJannary the prisoners Gardner and Holiday came
to his shop, and Holiday wished to look at a cruet and liqueur
frame ;as he had a commission for Hamburg, and they were
to be frame,-
as
to Thehertorestrcet, Islington, to be enclosed with
other goods. He selected two articles worth 91. Iss. Holi-
day gave him a card, on which was inscribed, "Thomas
Holiday and Co., commission agents, 6. Pinner's-hall," and
witness sent the goods as directed. The neat day Holiday
came alone, and said he had another commission for a gold
watch and chain ; and he said the gentleman who was with
him the day before was a member of one of the wealthiest
firms on the Continent, and the watch was for that firm.
Holiday showed a card of Sehalkhauser & Co , 38, Moor-
gate-street, and he said that firm owed him a great deal of
money, and if witness would let him have the watch and
chain, he would get a bill from them, and pay him the
whole amount. Wittiest told him he must first make in-
; and, upon his doing so, he was informed
Wi!eiiyre:vere all
swindlers, and he declined to let Holi-
day have the watch and chain ; and, when he
sent his bill for the other articles to Pinner's Hall and The-
berton-street. he found they were gone from both places.
..
Some time after this, in consequence of semethine he read
-
- _ _
in the newspapers, he went to Giltspur-street Prison, and POLICE.—YERTEHDAY.
rs cognised the prisoners Gardner and Holiday as the per- BOW-STREET.—TRE Bet, Math:a:Z.—T. Warren and
sons who had defrauded hint, and he subsequently saw the J. Yardley were charged with robbery. About six o'clock
cruet and liqueur-frames produced bea pawnbroker. on the morning after J ullien's Lai masque Mr. Turnbull (the
Mr. Charles Reed, a pawnbroker in Chapel-street, City- prosecutor) and the two prisoners, with several others, were
road, proved that on the 19th January the prisoner Holiday i, in the public-house called the Sheridan Knowles, when some
pawned the two liqueur-frames, in the name of Smith, for row occurred, and a number of persons made a rush at the
41. 10s. prosecutor, whom Warren knocked down, and he became
Maria Young proved that Gardner occupied a back bed- insensible.-While he was down, the other prisoner, Yardley,
room in her house, for which he paid 6s. a week, and at woo seen linerling on his chest and when he recovered his
the time of this transaction with Mr. Benson he owed her 81. senses his watch was gone.—Both prisoners were committed
Evidence was then given to shoe that Holiday and Schalk- for trial.
hauser engaged the chambers in Pinner's Hall, and cants WORSHIP-STREET. RAILWAy ROBBERIES.— G.
were issued with Holiday and Co. upon them. They were Freeman, a porter employed upon the Eastern Counties
to pay 401. • year, but decamped without paying any rent at Railway, was. charged with robbing the goods departms nt of
all ; and after they were gone it appeared that a good many the above company.—Mr. J. Phillips, warehouseman in the
people came to make inquiries after them. service of Mr. Thomas Buxton, a commission agent in Wood-
Mr. John Taylor, a furniture dealer at Islington, deposed street, Cheapside, stated that for some time past various
that in December late Holiday and a foreign gentleman hampers of goods they were in the habit of receiving from
called upon him and ordered furniture to the Amount of 901., the house of one of their principals, named Geary, at Nor-
which was to be sent to Tbeberton-street. The goods were with, were found to have been broken open in the course of
sent to the direction given, and he afterwards taw Holiday their transit by the railway, and robbed of part of their con-
arid the same foreign gentleman at the countinghouse in tents. Repeated complaints had been made to the cora-
Pinaer's-hall, and in consequence of some information he party, but without effect, until about three weeks since, when
afterwards received he determined to get back Ida property, a bale of goods, consisting of gloves and braces,. was dis-
and he subsequently did to. covered to have been previously opened, and that out of
Mr. Preniergast at this stage of the case addressed the twelve parcel', which it contained, and the whole of which
court, and said that on the part of Holiday he felt he could had been broken into, a quantity of braces had been ab-
not resist those counts of the indictment charging the con- atracted from each, and one parcel stolen entire. He had
'piracy ; and Mr. Robinson said that he must take the same since been shown • pair of braces by one of the railway
course with regard to Gardner, as he felt he could not resist officers, and he felt satisfied that they bad formed part of one
the evidence against him.—Mr. Bodkin said that as this of the parcels in question.—J. Sparkes, inspector of gate-
was the ease he should not offer an evidence upon the keepers at the goods station, deposed that he had been di-
counts charging the obtaining of goods by false pretences, reeved to keep a vigilant watch upon the porters as they left
and he should now proceed to connect the other defendants the premises, and that having noticed the prisoner's coat '
with the transaction. protruding, from something bulky beneath it, he insetted
Mr. H. T. Grey proved that, by the orders of Holiday upon searching him, and found a new coat, with the maker's
and Gardner, he sent rope to the value of 911., to the Cos- label attached to the collar, concealed upon his person. He
tom-house-quay, marked as for shipping, and, according to afterwards searched the prisoner's lodgings, end there,
their representations, it was to be sent to the Cape of Good amongst other articles, discoveted the braces which had been
Hops. The goods were to he paid for in three months, or identified by the last witness.—The coat was identified by
before that period if a certain vessel should arrive in Eng- Francis Edwards, packer to Messrs. Hyams and Co.,
land. He gave the prisoner Sane; who acted as Gardner clothiers, of Colchester, who stated that It had formed part
and Holiday's clerk, the invoice and the shipping order for of the contents of a truss transmitted by the railway to their
the goods. Them was • meond transaction for rope, and the eatabliabment in town on the 24th ult.—The prisoner was
invoice and the shipping-order were again given to Seeger, remanded.
and when he inquired for Gardner and Holiday, he was told
~CL.ER_KENWELL.—Auxogo ROBBERY OF Peers.—
that they had gone to the docks upon the subject of • dis-
alartm Bowman was charged with stealing •• quantity of
pute about some goods hut be added that all his cordage
late, and other property, to a considerable amount.
had been shipped.—By dr. Ballantine : The counting-house silver p
On the 26th of August last the proseeutor's servant was
in PanaraPlane presented all the appearance of lanai fide
business being carried on, and he taw nothing to create meet ed cleaning !omeematseeinnt front of the house, and
any suspicion. He had had a transaction in business whilst thus engaged some the house, and pre>.
ca ding to the dewing-room stole the property, and made
with Holiday before, and he was paid the amount
his escape. On the same day the prisoner called at the home
of his bill, lad at that time he considered him a respectable
,
man. A bill of exchange was grieen (hr the amount of his of Mr, Collinridge, refiner, of No. 27, Wilderness-row
bill, but he caused Gardner and Holiday to be apprehended and presented a quantity of silver plate, and gold
before it arrived at maturity. wash cases, all of which were broken, and offered
them for sale, saying that his mater, a
loan of 50 aster Mr. Anderson of Hat-
Evidence was given that the packages of rope were deli-
ton-garden, had become securityfor 1, ' ' and he
mired at Custom-house-whirr as for shipping, and a few dam
afterward an order was received for their remome, and they wanted to sell the articles to make up the money. Mr.
Collinridge told him it was very strange that Mr. Anderson
were taken to Kent and Essex-wharf, Bankside, by order of
the prisoner Seeger, who went in the lighter with the goods, should make such a sacrifice, and break up such valuable
and represented them as his property and signed the wharf property, but be weighed the articles, gave the prisoner a
book in the capacity of their owner. Twere hey taken away memorandum of the weight, and detained' them, telling the
from this wharf two days afterwards by a carman soma- prisoner he would not part with them until Mr. Anderson
panted by Seeger, and as they were going along he tore off called himself. The prisoner left, and had not been since
the wrappers and shipping marts from the s, It seen or heard of until he was apprehended on Tuesday night
appeared that the rope was then taken to M. glaPs ware- last. Mr. Collinridge produced the property, and he iden-
house, in Budge-row. tified the prisoner.—Mr. Gibbon identified the articles as
Mr. Booth deposed that on the 14th June the rope in being his property.—Policeman Sires said that he had
received . information of the robbery, and a description
question was brought to his premises by the prisoner Seeger,
of the prisoner, whom eknew. He met en Tuesday
h
upon it. Witness told him they would, if it was intended night lase in Charles Arnie Hatton-garden, and told him he
for public auction ; and he aid it was intended for public wanted him for a robbery. The prisoner asked, what rob
auction. Seeger then represented himself as a dealer in bery ? Witness said at Mr. Gibbons's, in Hatton-garden, in
such goods as were sold at his public sales, and he signed August last. The prisoner said, " How can that be, when I i
the book in the name of Joseph Seeger, and received an have been in America for the last 7or 8 months part?"—The
advance of 211. upon the goods, and he gave his address in prisoner denied all knowledge of the robbery, or that he had
Triangle-row, Camberwell. He said that the rope had cost offered the property for tale. On the 4th of June last he
him forty-six shillings • cwt., and witness agreed to advance went to New York with his uncle, is the Fidelia, and he re-
him thirty shillings per cwt. ; and the agreement was, that mained there two months, when they
the rope was to be sold in seven days, to repay the advance worked his passage back to Liverpool on board the Sardinia,
and commission, if the money was not returned before that which was at present lying in Waterloo Dock, Liverpool.—
time. The rope was advertised for sale on a subsequent Mr. Combo remanded the prisoner for • week.
day, and the evening before the day appointed Seager MARYLEBONE.—ALLEORD ATTEMPTED MURDER Br
called upon him, and asked him not to sell the rope, POlSON.—Thomas Duck was charged with attempting to
as he could get more money for it than it would fetch by poison Jane Duck, his wife. Complainant stated on a former
auction, and he agreed to pass the rope at the sale if three occasion that the prisoner had, for a long time past, illused
sovereigns were given to him ; and eventually the rope was her in a most shameful manner. On Wednesday afternoon,
not offered for sale, and still remained in his possession.—By 24th ult.' she poured out three cups of tea—one for herself,
Mr. Ballantine: A man named Rodell was present when a second for the prisoner, and the other far her child ; she
Seeger came. He had known hint 24 years ; but he could sent the latter out for • small quantity of milk, and having
not say whether he was a respectable man or not. He be- waited at the street door till she came back they both en-
Loved that Bedell first applied to him to know whether he tweed the room and sat down. She put milk into each of the
would advance money upon rope, The application was made cups, when the prisoner, either by occident or otherwise,
in the tint instance to has ion, and Bedell afterwards intro- upset his, upon which she poured out another for him, and
duped Seeger am the owner of the rope, and he believed he he drank it, She then drank from her own cup, which had
corroborated his statement that the rope had originally cost about it a very strange taste, so much so as to induce a be.
465. per cwt. He did not think he had heard anything lief that poison had been mixed therein ; she emptied what
of Gardner or Holiday until the 3rd of August. On that day remained into a basin, and finding something still adhering
he saw Holiday, but at that time nothing was said about to the inside of the cup, she took both of the utensils to a
the rope, the object of Holiday then being to know whether chemist, who, upon smelling them, expressed •
they would advance 1001. upon some carpenters' tools. He belief that they had in them opium. Other evidence was
sac neatly did advance 401. upon a quantity of tools.-13 gone into upon the first inquiry showing that a policeman
1
Mr. Bodkin : During the whole of this transaction wit took into custody the prisoner, who, on being told what he
Seeger *bout the rope not • word was said about any other was charged with, declared his innocence, at the same time
person than himself having any property in it —By the Re- asserting that if any poison was in a cup it must have been
corder : When Holiday came to the warehouse the rope put in by his wife for the purpose of destroying him ; and
was lying there before him, and he made no allusion what- he also alleged that a short time ago, as he had every reams
ever respecting it. to believe, his wife had put poison into a herring, of whisk
Evidence was next adduced to show, with regard to she was extremely anxious that he should partake. At the
another portion of the rope obtained from Mr. Grey, that it station-house he feigned illness, and wished to have the
was heeded over to the order of Cuissel and Co., who repre- stomach-pump applied to him, bat it was quite apparent
seated themselves as mercantile agents, andhad a counting- that there ems no necessity for any operation of the sort
house in Lime-etreet, to whom it had been transferred by On the present occasion the following evidence was adduced!
Holiday and Co., and that a receipt was given for it in the William Lee, ahopboy to Mr. Moore, chemist, said that one
name of the prisoner Loup. day last week, a men, whom he believed to be the prisoner,
Another ease of obtaining goods was then gone into. It canto to the shop and asked for a pennyworth of opium for
appeared that Gardner and Holiday purchased a large quiz. the purpose* of smoking; be was not served with it, and he
thy of tools from Mr. Bond, a tool manufacturer, in Kin, went away. Witness watched him, and saw him go into the
David-lane, under the pretence that they were to be shipped: shop of Mr. Grant, another chemist, in Nutford place.—Pri-
and the understanding was that ready money should be paid sone:. ; I never saw tbatboy before.--Mr. Howard, amistant
for them. The tools were sent to the Custom-house wharf, to Mr. Grant, said that upon one occasion last
and were afterwards removed from thanes, and came into week a man came in and asked for a pennyworth
the possession of Cuissel and Co., in Lime-street, where they of opium, which he said was for a pain in the head; he
bad an office. In consequence of something that afterWlath was served with about eight or ten grains, and he then went
transpired, it appeared that Mr. Bond was determined to away. He could not,awear that the prisoner was the person.
have his goods back, and, after tome negotiation with Mr. Broughton . Would that be sufficient to destroy life ?
Cuissel and the other parties, the prisoner Loup said that Witness: It might in some eases of delicate constitution.—
he bad advanced twenty-one pounds upon the property, The wife went into many particulars relative to the unhappy
and he had no objection to give it up if that life she had endured for a lung while through the ill-memo
rum we repaid him. It was then stated that it of her husband.—Police-constable Thomas said that upon
had been ascertained that although the goods had several occasions the poor woman had complained of being
been obtained under a pretence that they were to be cruelly treated by the prisoner, for the apprehension of
shipped, they had been offered to different parties for whom • warrant (here produced by the officer) had been
ale, for anything. that could be obtained for them, and granted.—The prisoner, on being asked what he had to my,
unlss they were given up the parties would be immediately denied his guilt altogether with regard to an attempt to
taken before the Lord Mayer. Upon this they contented poison his wife, bat he admitted that he had not behaved
that the whole of the tools should be given up, and Mr. Bond well to her lately.—The prisoner was remanded till next
afterwards obtained possession of them, upon an order given Wednesday, and at the same time the magistrate gave dime-
by the prisoner Seeger. It appeared that the tools had, in Sons to the constable to take
the cup an brain to Dr. Lee-
the meantime, been pawned with Mr. Booth for 401., and on son, at St. Thomas's Hospital, in order to athertain if, by
hit giving notice of his intention to sell them by auction, analysatlon at the present period, further information may
Holid,e.7 and Cuissal sum to him aad Mirk! him the money, be gained.
with w 4. for
_wenhaele__._reout,sand they gm the beat away, LAMBETH. ROBBERY AT LZATFIERNILD CarRCH.
eying thatlegawasawa•untorthrda for theist thea if they —J. Woes , aswatbirt of the " swell mob," and who was ac-
ware sold by suedes ; sad aftw -lamp elbeed *era for quitted hot week at the Old Bailey of stealing a cash-box
sale to dlilbrilli poomms, sod on his bsiesgisited on one cover Gan xi. la =oar silver from a public-house in
dos bow he case is have the tools in possession he de- gm Up for anal examination. The
canal to pin wirsisowar. &WI Are ewe Mee bees ateurly before the public, and are
The next ass et food gess Ws wee fist spew Nam brie* *bees : Oa Mae 11Th of Nay late a day chosen in con-
and Co., Addiroboom, It 10- segue., of almost way balm being in the neighbourhood
t Holiday 1.1. of 01,111 ewe befog on the Epsom Dom, tp wither the far-famed Derby '
Woad afterwards. renege__ theme iniursidefts stake ran for, Om gldiaaw did/Me equally desperate cheese- 1
he resolved traa Kenn. Leal awl he vest te the ten used PI4IW lad Newport, entered Leatherhead 1
esestieg•bosee la Psworewieme, mai we nalliw, pad* dm* and spathe Cetaalaalea Plate- 4
• .... . iii, . .

The Recorder then summed up, and the jury returned a
verdict of Guilty of conspiracy against Gardner, Holiday,
and Stager, and acquitted Loup.—The prisoners were sen-
tenced, Gardner and Holiday to be imprisoned in Newgate
for 18 months, and Stager for 9 months.