The Express.
London, England, 1851-10-23 00:00:00

THE EXPRESS, THURSDAY EVENING, OCTOBER 23, 1851.

Rain Knteritaenct.

MIDDLESEX SESSIONS.-YESTERDAY.

Mr.VOILIe Ma. SKY.... ADAM,. ?".STANT
Chas. lalkaer, a marine store dealer, carrying on busi-
ness on Eyre-street-hill, and IFea. T,,omes Jareiton, n:lo a
amine store dealer, in Turnmill-street, at the rear of the
Sessions House, were indicted for stealing, and also for
feloniously receiving 40 lbs. of tinfoil, value 2/., the pro-
perty of Messrs. Simpson and Euisley, of Union-buildings,
Gray's-inn lane.
Mr. Huddlestone and Mr. O'Brien appeared for the pro-
secution. Mr. Parry and Mr. Metcalfe appeared for
Falkner ; and Mr. liallantine defended Jackson.
It appeared that on the 11th of June last Archer and
Fisher, detectise officers of the G division, were on duty in
Oray's-inn lane, when their attention was attracted to a
cart, belonging to a collector of old metal, named Usher, in
which was a large quantity of old lead and brass, and
searching it they wand about 40 lbs. of tinfoil in an un-
finished state, and having some suspicion as to the means
by which he had come into possession of it, they took him
into custody,: and it was ascertained that the tinfoil be-
longed to the prosecutors, from whose premises, in the opi-
nion of Mr. Simpson, who, however, could not speak pre-
cisely to the date it was stolen between the ith, and the
9th of June. le'sher was taken before's, magistrate, when he
stated that he bought the tin foil of Folksier in the regular
way of business at his shop on Eyre-street Hill, and that he
gave 741. per pound for it. He called Palkner to prove
this, but the latter denied that he had sold him the pro-
perty, and upon Usher's assuring him that ho could pro-
duce witnesses to substantiate his assertion, the magistrate
retnauded the case, and liberated him ou bail. k aiknrr
did not appc at on Vie day appointed for the re-examimition,
and nothing further was heard of him, although the police
and Usher were searching tor him, until the 22nd of J sue,
when ho was traced to ley-cottage, Church-lane, Camber-
weil, where it was said be had been residing for the b.uetit
of his health, the police hosing got a clue to his where-
abouts by watching the proceedings of his wife, whom one
Saturday night they followed in a horse and chaise to the
cottage at Camberwell. On gaining admission to the
cottage, the officers, Archer and Fisher, found Lauer, his
wife and family, and a Jew sitting down to supper, and
on being told that lie was to consider himself their prisoner,
and that theyebealer.converhim to the Lock's Fields station,
he requested permission to go in his own horse and chaise,
and they s..id they would allow him to do so. As Archer was
about to take him out by the front dour, he contrived to slip
away, and as was endeavouriug to intercept him by
the back door he was assaulted by the Jew and Mrs. Palk-
nu., and Fa.lkuer then succeeded in escaping effectually.
For the assault the Jew and Mrs. Falkncr were committed
to Kingston Gaol, the former fur a month, and the latter
' fur ll days, and lallener was out of the way for some time
afterwards, and about the lrnh of September he gave no-
See, through Mr. \Vontner, his solicitor, that he intended
to surrender and nn,wer the charge. lie was, however,
apprehended in Millions by a sergeant of the U
and then when the matter was gone into, be stated that he
' bought the tinfoil of Jackson and that he gave him 6)d.
per pound for it, and he called upon Jackson to prove that
such was the fact, but Jackson refused to be sworn. A
person named Bright deposed to the fact of having seen
Jackson sell the tintoil to Fulkner, but he could not tell
anything as to the price given by him for it; and the sug-
gestiun on the part of the prosecution was, that the gale or
barter took place between them upon terms previously
arranged and determined. The evidence of Bright was
that the sale took place in an open and undisguised manner
in Fulkner's shop; and the principal evidence against
Jackson was his having declared that he knew the per-
son of whom he received the tinfoil—that it could not be

identified, inasmuch as it was in an unfinished state, and
his retinal to give the name of the person from whose
bawls it passed into his. The property was unquistionably
identified as belonging to the prusecutors, and the value of
it to them in its unfinished state was Is. Id. per pound.
tu addition to these facts, it is requisite, in order to
present the case fully to the reader, to give the followiug
evidence:
Esher deposed that on the day on which he bought the
tinfoil of Falkner he was sent for by him to fetch some
metal, and he went to his shop in Eyre ,street-hill accord-
Maly about dusk that evening, when, amongst other
metal, he bought the tinfoil produced at %el. a pound.
lie bought in the usual way—over the counter—in the
presence of two persons. His cart was stopped by the offi-
cers near l'ortpoull-lanc.
In cross-examination the wittiest said he had had deal-
ings with Faffiner about ten months. lie bought some
pewter teapots of him At the time be bought the toil, end
lie considered he was giving a fair price fur the article, as it(t he
foil) was not, in his opinion, superior iu quality to the hest
pewter. Hu had been in business as a dealer in old
metal, ten or twelve years, and that it was the custom in
the trade for one dealer to sell to another, even at a profit
of as little as our shilling a hundred weight, and the pur-
chase he made of Falkner, ou the oceasiou particularly in
question, amounted to 64 18x, ltd. lie was with the offi-
cers when they followed with &horse and cart, Mrs. Falkner,
from Eyre-street-hill, to Ivy cottage. She was in a chaise,
and it was at midnight. that was on the 3rd of July.
When he was before the magistrate in September, Falk-
' ner at once admitted that he sold the foil to witness, and
called upon Jackson to state that be sold it to him. Jack-
son refused to be sworn. Witness exerted himself to get
Falkner taken, fur the purpose of clearing his own
character.
William Eyares, proprietor of the lted Lion Mews,
Clerkenwell, said he knew the prisoner Falkner, and was
present when the foil was solsl by Jackson to hint. When
Falkuer heard that defier was taken iutu custody for hay-
lag it in his possession, witness went with him to Jack-
son's, but they did not then see him, but did shortly after-
wards, w lien Fullmer told hint that he heard that a party
to whom he (Falkner) had sold the metal wan in custody fur
having it, and he then asked Jackson whom he got it from
—telling him at the same time that it he was called upon to
account fur it, he should give up hi t (Jackson's) name, and
he must then in turn tell who he got it from. Jackson then
said, If you do, I shall deny it, and you will only get
yourself iu trouble. It is iu an unfinished state, and they
could not tell where it came from, or identify it." Ile
Melee/ that he knew very well who he had it from; he had
it from the Peron who nail it to hoists, and, as it was not
finished, it could not be sworn to. Ile refused to tell who
this person was.
. . .

'Phis witness was cross.examined at some length by Mr.
liallantine as to his connexion and dealings withlhner.
It appeared that lalkner rented some stables of him, mid
had been indebted to him for rent to the extent of 301., but

the debt had been reduced by his reeds ing the proceeds of
some rag de:dings iu which he acted fur kalkuer whilst lie
was in the countr), as the witness said, fur the benefit of
his health, between the time of his escape and his appre-
hension. Falkuer had been very ill, so much so that 4c
could nut Klee his bed. lie had had Ivy Cottage about
three months Won: this transaction. Ile frequently saw
Fakeer at Eyre-street-hill and Camberwell up to the 3rd
of July, but he did not know that the officers were in quest
of him. Witness went with a horse and chaise and fetched
Fa'knees wife from Kingston Gaol, when her term of im-
prisonment expired. When questioned as to whether he
did not know that she had been imprisoned for aiding the
escape of her husband from the officers, he hesitated, but
eventually said he did know that it was about something of
that sort.
Police sergeant John Gunn, of the G division,.said—That
after the matter was in the hands of Archer and fisher, he
went to Jackson by arrangement with 31r. Simpson, with
the view of finding out who was the actual thief, and in
reply to an observation made by him to the of ect that it
appeared that he, Jackson, had sold the foil to Falkner,
he said he supposed he had heard that from Falkuer. Wit-
ness then said he did out care so much about the selling ;
what he svauted Jai:kiwis to tell him was who was the thief

on Mi. 5i11111,011.6 premises. Jackson then said he did sell
the foil to falkner, but as to the other matter he would
think about it. A few days afterwards witness met Jack-
son accidentally in Leather-lane, and asked him if he had
thought of what was the subject of their former conversa-
tion, and he then said " If k'alkner comes it on me it will
be all the worse for him, but as he has not done so, why
should 1 on the other poor devil."
Mr. Parry, in the course of his address to the jury, ad-
mitted that his client lalkner had been guilty of great folly
in telling a wilful lie—in denying that he sold the metal to
Usher, and in keePing out of the way; but urged that his
conduct subsequently was an ample atonement for his
foolishness. It was true that he was exceedingly ill when
he escaped from the officers. Ills concealment afterwards
might kayo arisen from fear and timidity ; but, when that
was overcome, lie had come forward like an honest man to

meet the charge, and not only challenged Jackson to state
the fact of his having sold him the metal, but produced
evidence to show that he had gone to Jackson upon the
subject immediately he became aware that Usher was in
custody. No doubt it was in consequence of Jackson's
threat to deny the fact of the sale to him that Falkuer on
the following day deeded that he sold the metal to Usher.
Mr. Ballantine, on behalf of Jackson, made a lengthened
and forcible speech, contending that the evidence did not
show that the metal came into his possession from the thief,
or that he ut any time before he passed it to Fullmer
knew it to have been stolen.

The learned judge having summed up the case, the jury,
after about twenty minutes consideration, found Falkuer
Not guilty, and Jackson Guilty of receiving.
••••• - - - -

The learned judge said he agreed with the verdict, and
hoped F.ilkner would for the future learn not to purchase
unfinished goods without strict inquiry. As to Jackson ha
had not the slightest doubt of his guilt, and he felt certain
that the present was not the only transaction he had had
with the person of whom he purchased the tinfoil. The
court would always punish with severity convicted receivers
of stolen goods—they were the promoters and encouragers
of crime • and the sentence upon him was that he be trans-
ported beyond the seas for the term of ten years.
This case lasted the whole day, and the court was
crowded.

STAFFORDSHIRE
SHEEP STE►LING BY ♦ CErACHWARDLN.

SESSIONS.

Job rardhy, 40, a man of respectable appearance, carry-
ing on the business of a butcher at Brocksneor, and who
was stated to be one of the churchwardens of the district,
was indicted for stealing 14 ewe sheep, at Antbiecote, the
property of William Foster.
Nathaniel Williams, a shepherd, in the employ of the
prosecutor, stated that on the 17th of September his master
had 32 sheep in a field at Amblecot, called Haniptun.tield ;
15 were marked with a dot, and 17 with a red line across
' the shoulders, and the whole with the initials " W.F." in
pitch. The next night he west with a policeman to the
house of the prisoner at Brosialoor, yid* Is about a mile
'from liszaptow-Oold. So moo goys sow sheep in an
asuanas, nsd voispdsoll 12 so bsiseglog to his muter. j
Antewalio kw wool to dr idioneo asp, and two skins

were shown him which had belonged to two of his master's
sheep.
John Hibbs, a labourer and under shepherd, in the
employ of the prosecutor, spoke to the sheep being all safe
in the field on the evening of the 17th of September, end
at half-past five on the following morning discovering that
14 of them were missing. Tile gate was fastened up with
nails, but the !mils had been wrenched nut.
John Perks stated that he lived in Amblecote-late, near
Hampton-field. About half-past seven on the evening of
the I,th of September, he was near the gate leading into
this field, when he heard a voice saying, " Stop those
sheep." The gate was open, and ho saw some sheep come
out of the field. They passed him, and the prisoner was
driving them towards Amblicate Hall, which is in the
direction of Broekruour. lle could not tell how many sheep
there were. A boy was assisting to drive them.
Richard Sennett, a sub-inspector of pollee, and Hugh
M'Cree, superintendent of police, alto spoke to finding t
on
sheep, which were identified by Mr. Foster's shepherd on
the prisoner's premises.
The last witness called for the prosecution was Thomas
James, whose evidence went to show that the prisoner had
previously contemplated the commission of the offence.
Ile stated that he lived in Amblecote-lane, about seventy
yards from Hampton:-10d. About eight o'clock iu the
evening of the 15th of September (two days before the
s:teep were missing), he saw a number of sheep in the lane,
and the prisoner following alter them. Ile asked the pri-
soner if the sheep were his, when he said "No." The pri-
soner then went away in another direction. The sheep be-
longed to Mr. Foster, and he (witness) went and told John
Ilabbs, who put thou again into the field.
Mr. M'Malion having inquired if Mr. Foster, the prose-
cutor, was in attendance, and being told that he was not,
proceeded to address the jury, strongly urging the great
probability, from the prisoner's respectability and good
character, and the open way in which the sheep were cilia
to have been driven from the field, that the whole was
nothing more than a business transaction—a buying and
selling between the prisoner and the prosecutor. The
learned counsel then called a number of most respectable
witnesses, must of whom hail known the prisoner thirty
years, and described hint as a man who had hitherto borne
a very excellent character.
The learned Chairman, in summing up the evidence,
referred to the argument of the prisoner's counsel, as
being improbable in the extreme, inducing as it did the
supposition that the prisoner load purchased the sheep,
and was afterwards prosecuted for stealing them. One of
the most common ruin of law was that, where property
which had recently. been mis-ed was found in the possession
of a party, it lay with such party to preve that he had come
honestly by it.
After a brief consultation, the jury returned a verdict of
Guilty, recommending the prisoner to mercy on account of
his good character. Tilers was another indictment against
the prisoner, charging hint with stealing a lamb from tho
saw field, belonging to another party, which was soot pro-
ceeded with. _ .

---- The learned Chairman, having referred to the evidence
of the prisoner's guilt an being us clear and conclusive as
any ever produced in a court of justice, and to the olkuce
as being one of so serious a character that at one time it was
punished with death, sentenced the prisoner to be trans•
ported for tho term of seven years.—lrefrerlia»wron
Chronicle.

I much better, and would be enabled to attend the next
examination.
Mr. Bingham asked the prisoner whether lie wished to
say anything in answer to the alleged charge, which was
one of a very serious nature
The prisoner replied that at present he should decline
making any defence, and he was remanded.