The Express.
London, England, 1853-10-08 00:00:00

TEE POLICE COURTS.

.

BO W • MIME r.
CHARON OP LIUSL AGAINST A CLSIIIITYAN.

The !le,. Wads nartin Means, who was described in
the charge sheet as a clergymen of the Church of England,
was brought up on a w , before Mr. Jardine, ss for
having circulated and published a wilful, malicious, and
scandalous libel upon the character of the lady of the Hon.
C Fitabardioge Berkeley, M.P."
Mr. Bodkin conducted the prosecution. The defendant
was unrepresented by sounsel.
The Hon. C. F. Berkeley stated that he resided in St.
James's-place. In March last he received by post an en-
velope containing a printed circular. It was addressed to
witness at Berkeley house, Springlardens, the residence of
his brother, and was forwarded to witness at Brooks's Club.
The printed circular was addressed, apparently, to the
eldest brother of Mrs. Craven Berkeley, and contained the
foulest aspersions upon her character. Mrs. Berkeley was
a daughter of the late General Onslow, and at the time
of her marriage with witness she was the widow
of the late Mr. Newton. Witness made a private mark in
the circular at the time, and by the advice of his snlicitor
applied to Mr. Henry, the Bow-street magistrate, for •
warrant against the defendant The warrant was issued
and placed in the hands of Inspector Shaw and other police
officers, but could not be served upon the defendant,
owing to his having taken up his reside rice on the Con-
tinent. The envelope containing the libellous circular was
sent from abroad, and had the Boulogne post-stamp upon it.
Mr. Jardine—D., you know the defendant's hand-
writing ?
Witmer—Tes, I have men it; and I am satisfied that
the address upon the envelope is written by him, aithongh
he has evidently attempted to disguise the writing.
The defendant—Have you ever seen me write, sir i
Witnessa—No ; but on a late occasion, when you were
before the magistrates at Winchester, and were required to
Live sureties of peace, in consequence of what took place in
Ottobourn church, near Cranbury-park, I saw two letters
which you admitted to be in your handwriting, and from
my recollection of them I am enabled to speak confidently
upon the subject.
The defendant—l can satisfy your worship that the
writing is not mine, by sending for Mr. Clark Smith, of 36,
Southampton-street, who knows my writing well. I did
not say that the letters produced at Winchester were mini.
I neither acknowledged nor denied them.
Mr. Jardine said it was a charge which he could net deal
with summarily, end therefore the question of the hand-
writing must be determined by ajury.
Mr. Bodkin handed up the envelope and letter for
the private inspection of the magistrate, stating that it
was of such • nature that he felt justified in withholding
it from the public eye. The Hon. Mr. Berkeley had been
for • long time subject to these annoyances from the de-
fendant, who married into the family against their wishes,
and consequently had not been received by them. Mr.
Berkeley had no desire to press with undue severity
against the defendant, but us he had already evaded
• former warrant, by absenting himself from tke country,
he trusted that good and substantial bail would be re-
quired.
The defendant said he had given high sureties in the
former ease, and it was a breach of the arrangement to
proceed with the present case. He could 1:17t get high
sureties,

Mr. Jardine committed him to Newgate, fixing the
bail at 2001. (his own recognisance►), and two sureties of
1001. each.
MLNSION-HOUSE.

Williams Henry Fos, one of Messrs, °dams, Pickford,
and Co.'s clerks, who on Thursday gave evidence against
William Clark, the porter employed by the firm, upon
which evidence Clark was sentenced to two months
im-
prisonmant, was yesterday brought before the Lord Mayor
upon the charge of having himself committed the robbery.
The cue, as might be expected, excited much interest.
Mr. Ashley, who defended Clark, and who had frequently
mooned that his client was perfectly innocent, attended for
the presecutios ; Mr. Biggendeu appeared for the prisoesr.
Mr. Ashley, the solicitor, said, I am exceedingly happy
to have to communicate to your lordship, and I am quite
certain that your sympathy will go with me and with the
parents of the boy whom you committed yesterday to prison
foe two months with hard labour, that he was not the thief,
but that the lad now in your presence is the person who
really stole the half crown. For the purpose of ascertaining
who the guilty party was, the prosecutors brought for-
ward every person is their establishment, and
the question was put to each of them, " Did you
put the half-crown in William Clark's hat ?" And
each, fur the purpose of justifying himself, declared that
he had done no such thing. This question was put amongst
the rest to the youth now at the bar; the book was pat
into his hand, he wee sworn, sad replied, " No, I did not."
In consequence of a communication having been made,'
most providentially, by • highly respectable gentleman in
the City, whose attention had been accidentally directed to
the report of the case in the public journals, to the prosecu-
tors, one of them was induced to go to the prisoner, and say
to him, " Fox, did you take the half-crown, and put it into
William's hat ?" The prisoner, whose COBJCIOLISO smote
him, replied, " Yes, I did." " Whv did you do it ?"
" Why, it was to screen myself." *So that there was a
double act of guilt ; first, he was to screen himself from this
set of dishonesty, and then seeks to flit the guilt upon Wil-
liam Clark, who was perfectly innocent. The prosecutors
are as strenuous in coming forward to-day, to procure the
immediate liberation of Clark, and to prosecute the present
prisoser, as they were eager to prosecute, as it now turns
oat, an Innocent lad, yesterday.
The Lord Mayor—lt ought not to be forgotten that each
of the witnesses net only swore that he himself did not
take the half-crown, bat stated that it was utterly impossi.
ble for either himself or the other witnesses to have put it
into the cap. lam highly delighted to learn that the
prosecutors arewilling to take Clark immediately into their
service again.
Mr. Ashley—Snob is the case, my lord, so satisfied are
they of his honesty.
The Lord Mayor—On looking over the evidence I am
bound to say that if I bad been swore, and si.ting upon a
jury, I must have pronounced a verdict of guilty before
God and my country.judging from the facts and circum-
stances therein stated, and I was greatly strengthened la
my belief of Clark's guilt what, as I we. on the vita of
sending the case (or trial, Mr. Ashley applied to me to
exercise summary jurisdiction, a course which I reluctantly
consented to take. lam very glad indeed to see the inno-
cent lad liberated, and -snail be happy to reader him any
assistance in my power.
The case was then gone into against the prisoner Fox.
Mr. William Pickford, after stating that he was • part-
ner in the firm of Odams and Company, said—The prisoner
was in oar employment until this morning. I received in-
formation a day or two ago that a half-crown had been
stolen from a desk in our office. A youth, named Clark,
bad been taken into custod_y on • charge of stealing it. He
was brought before the Lord Mayor upon that charge.
Tree prisoner now at the bai war a witness upon that oo-
casion. I was present when the case was disposed of,
Ciark being summarily convicted yesterday afternoon. In
consequence of some information in writing which I re-
ceived this morning, I called upon Mr. Wynem, of the
Commercial Sale Rooms, Mincing-lane, and had some con-
versation with him. In consequence of what that gentle-
man said to me, on my return to my office I lulled the pri-
soner into my private room, and I told him that since
William was convicted yesterday I had found that he
had been punished innocently, and that I knew that
be (Fos) was the guilty party; he said he was not, and
that he knew nothing at all about it. I replied that if he
did not own to it at once I should send for a policeman and
give him into custody. He made no reply. I then said to
him " Fox tell me if you took that half-crown out of Mr.
Riddell's desk ? "
Mr. Goodman—Whet did the prisoner say ?
Mr. Biggendea objected to any answer being given to
this question, the prisoner having been threatened that a
policeman would be sent for and he given into custody if
he did not own to having taken the belt-crown.
Mr. Ashley submitted that the threat was at an end
when no reply was made to it by the prisoaer.
Mr. Goodman—Had you said anything st all to the pri-
soner to disabuse his mind, after you had made the threat
of sending for • policeman, of the idea that you intended
to do so ?

Witness—No, I had not.
The Lord Mayor—lt was a very unfortunate mode of
examination, to say the least of it. I think under the par-
ticular circumstances in which we are placed a very strict
construction as to whether this is legal evidence would in-
duce me to carry the matter no further—to say that after
the something like a threat, or inferred promise, the case
ought not to be proceeded with. However, it will be un-
ders ood by the solicitors on both sides that whatever evi-
dence is taken will be subject to consithretion as to w:,at
will be hereafter done with it.

Mr. Goodman (to theWitless)—When you said to the
prisoner " Fox, tell ins if you took that half crown out of
Mr. Riddell's desk ?" what did he say ?
Witness—He replied, " Yes, I did.
Mr. Goodman—What next occuried ?
Witness—l said to the prisoner, " Did you put the half
crown into the cap ?" He replied " Yes." I then sent
for his father, and eventually gave him into woody.
Mr. Asaley—Did you ask him why be put the half-crown
into the cap ?
Witness—l first asked him if he had robbed us Ire.
glossily ?
Mr. Ashley—What was lAA reply ?
Witness—Re said he had.
Mr. Ashley—Did you then ask him why he put the half-
crown into the cap ?
Witness—l did, and he replied that ho did it to screen
himself.

F. Riddell was then sworn, and depwd to his het•
img mined a half-crown which he had marked from his
desk.

----•
The Lord Mayer—The primer mast be remanded for
a week.

_
Mr. Bigitendin applied to have the prisoner admitted to
bail, and maid that recognizances to any amount would be
entered into. _

The Lord Mayor—lt is quite out of my ouwer to grant
your application. It is not the mere crime of the Prisoner
that influences me, but the cruel injury he has inflicted
upon the other poor boy.
WORSHIP-STREET.
Janes Grout, a hard-featured middl.•.ayed man, des:rihed
as a carman, was plan d at the brr boron, Mr. Mammal],
charged, under very aggravated circutrietences, with
►aving cruelly maltreated his sow, Samuel Grout, 12 years
of age.
Rolm Jacobs, a bruo-fosodor, raiding in Chapel.,treel,

Shnreditch, stated that while bitting at his parlour window
abut eleven u'elock that morning, his attention was
iwractel by the piercing screams of • child, which pro-
needed from the house of the defendant, who resided oppo-
situ t him, and shortly afterwerds the prisoner's eon rushed
out into 'he street in ablate of perfect nudity. The boy, '
who exhibited extreme terror and disirets, instantly darted
across the road, but had only proceeded • few yards when
he was pursued and overtaken by the prisoner, who was
grasping • thick leather belt, with the buckle end of which
he struck the child a savage blow with all his force keret*
the back. The prisoner then addressed an odious epithet
to his son, and continued beating bun with the strap in •
most unmerciful , until two men, who had witnessed
his brutal conduct, forcibly dragged him away, and rescued
the boy from further ill-treatment.
Hayward, the warrant officer, stated that he had ex-
amined the person of the boy, which presented a shocking
appearance ; the emirs surface cf his back from between
the shoulders to the lower part of his loins being scored
with parallel lines, produced by the strap, and he also ob-
served several bad bruises in which the impression of the
iron buckle was distinctly discernible.
In answer to the charge, the prisoner said that he was
greatly esasperated at the time, its consequence of having
, detected the boy in stealing a shilling from him that morn-
ing, and that he had also robbed him on several previous
occasions. He had often corrected him before, without
making him any better, and so this time stripped off his
clothes to see if a good flogging on the bare skin would have
that e tfect.

Mr. flat:mull seuteucod him to four mouths bard labour,

TilAblES.

Captain William Tapley Stooks, the master, and Wit-
ham Northeote and Thomas Goldsworthy, seamen, sur-
rendered on bail to answer a charge of killing five seamen,
who formed part of the Asiatic crew shipped at Singapore.
Mr. Bodkin, who appeared fur the crown, said be bad
some evidence to call which would put an entirely diff
complexion upon the affair. It would appear that the
origin of the affray had no reference to a conspiravy to
seize the ship at all. No attack was made on the chief
mate in the first instance ; but a Lauer was found asleep by
the chief mate on deck, who ordered another Lascar to
heat him, and on his refusal to do so, the chief mate at-
tacked the man who refused to chastise his shipmate, and
several Lucars on board then interfered to save their
countryman and dragged him away. Under all the cir-
cumstances of the case, he (Mr. Bodkin) felt bound to press
• charge of manslaughter against the prisoners.
A gentleman named Earl had promised to attend to in-
terpret, but it was found that he had gone away.
Jahn, the tuning on board the Queen of the Teige, •
native of Java, who understood • little English, was then
called, but his examination was effected with very great dif-
ficulty. He said he was roused by his wife, and went on
deck. Bill (Northcote) had got • cutlass in hiv hand. Ile
saw no fighting going on, but Bill said that Tindal (the
boatswain) wanted to kill the mate and kill every one. Ile
then saw the captain, who got upon the skylight on the
poop with a gun and was loading it. The captain said,
.You sec, sorting, the men want to make fight, and don't
know what for." The captain went forward with him
to bring up the men who had run below. Ahalt,
who is in custody, came up ant, next Taleb,
and the third was Ali, who was in custody. Ali was
followed by Seraman, Casaib, Topaz, HUI'S Mahommed,
and "Small Shunt." The captain told him to see whether
the Lauer' had got knives. They were all made fast. Wit-
ness heard • gun fired after he turned out of his berth and
had come on deck and gone to turn the men up. He did
not see the gun.
Cross-examined by Mr. Clarkson—The mate had been
stabbed long before witness came upon deck. Heard the
gun fired after he saw the mate wounded. David Fairfold
was in the forecastle asleep when witness was called. Asked
the captain to let his (witness's) wife come aft, and he said
"Do and fetch your wife and child alt."
Mr. Clarkson—Out of danger ?
The Serang could not comprehend the meaning of the
word "danger," and the question, though repeated several
times was never answered. He remained on deck several
hours after the " bobbery," and saw no one killed, and no
one hurt.

Mr. Cluksen—lt was all done before you came on deck ?
The Serang—Yes, all over. No bobbery when came up.
Captain then—Paw him.
At length the difficulty of proceeding without an inter-
preter became so great, that a Bombay man of colour, who
understood Malay, and who had been found after great
trouble, was sworn In that capacity. When, however, he
translated the first question, the serang looked sternly at
him, and remained silent.
Mr. Yardley—The witness does'nt understand him. He
speaks another language.
The Interpreter Paid the witness understood him very
well, and said some'hing to the serang, who turned fiercely
round and talked to him. After a short altercation the in-
terpreter rushed to the door, and hastily left the court.
Mr. Yardley said it was a very great misfortune indeed
that, when this most singular and complicated case was first
presented to the public, an efficient interpreter was not em-
ployed on the part of the crown.
After a long discussion it was agreed to adjourn the fur-
ther hearing of the ease until Monday afternoon, the 17th
instant, and Mr. Yardley said he would at once write to
Mr. Karl, the interpreter, requesting him to attend.
The case against the Malays, who stood charged with
mutiny, wss also postponed.
Mr. Trent, the mate of the Queen of the Teign, said he
had been put to great expense by his detention here, and
could not afford to remain any longer. Ile had been on
shore twelve days., and was without funds.
Mr. Yardley recommended him to communicate with the
Treasury.

SUGAR.—The evemge price of sugar, the produce of
the British palpitations in America, competed from the re-
turns made in the week ending the 4th Octobe►, 1863,
is 235. 41d. Sugar, the produce of the Mauritius, 21s. lii.
Sugar, the produce of the East Indies, 255. 4d. The
average price of the three foregoing descriptions of sugar,
jointly, is 235. 7d. per cwt.

BRISTOL, OCT. 7.
SOCIAL—The market has been extremely quiet this week
—partly from the very limited assortment of samples offer
ing, and pertly from an indisposition on the part of the
trade to purchase more than their immediate wants oblige
them ; sad the transactions sines oar last are consequently
very limited in amount. Prices are about supported, !al-
though the tendency is rather downwards. Of foreign, a
small cargo of about 450 boxes Rarannabs constitutes the
whole of the operations in this description. Refiners' pro-
duce is rather dull of sale, and lower prices have generally
been submitted to. Aunt bu met a brisk sale, and the
market being rather better supplied with samples, a good
business has been done slue our last at very full prices.