The Express.
London, England, 1858-02-02 00:00:00

CENTRAL CRIMINAL COURT.

John Smith, a reapeetable-looking young man, uorrendend
to take hia trial upon two indictments, one of which charged
him with the offence of lorgery at common law, end the
other with misdemeanor in obtaining taw* * Was pr.-
tames. _

—Tit; defendant pleaded not guilty to both Indictments, and
he was ghee fa charge to the jury upon the one which
alleged him to have committed the offence of forgery.
Mr. Bodkin and Mr. Poland conducted the prosecution,
Mr. Sleigh was counsel for the defendant.
Mr. Bodkin,in °peeing the case to the Jury, said that the
prosecution was instituted by Mr. Berwick, who carried eta a
very extensive business se a dry salter, at Loadon-well. sad
It appeared that he bad, after a good deal of trouble and ex-
pin= succeeded in inventing two articles, knows as Baking
Powder and Big Powder, which were r represented to be per-
' hot substitutes fur yeast and eggs is purposes, and
those articles were extensively sold public, and
I were also exported in very large gaantitfss, Bach packet
was covered with • label, which label was petaled at the pro-
secutor's establiehment, and the offence impaled to the oh-
femlant was that of having counterfeited the. penalem
and by that means disposed of • various as art aged for
the material invented by the prosecutor. It less
appeared that
the dehadent bad gone to a ...r.r.ter named Tell,
in Ins Cesereovoiel-root re.; and employed him
to print tea thousand labels, so closely imitating the
genuine labels of the prosecutor as to deeeive any person who
did nut nand= them closely, and he at the same time re-
preeentad himself to be Mr. Barwick, and be gave his =dna
as Catherine-street, Stepney. A quantity of the labels were
tent to this Addeo's, but as the defendant could sot be found
there the printer took them to Mr. Barwick's, in Leedom-
wall, and this led to the discovery of the alleged head. It we
proved that the defendant had disposed of a considerable
quantity of packets, which he represented to contain the
genuine article' manufactured by Mr. Borrick, and upon
which were the false labels he had caused to be printed, to
several oorn-dealers, and it =peered that the article wee re-
turned as worthless by the persons who had subsequently
purchased it
Witnesses were examined whose evident* made out the
above facts, and Mr. Barwick stated that the materials of
which tho articles sold by the defendant as his baking and
egg powder, were ioutpsed, were entirely different to those
made nee of by him, and were utterly worthless IF ale 'sar-
i pees for whirl they were intended.
Mr. Sleigh, at the close of the case for the
submitted to the court that a libel tithe dis
to, could not be male the subject den badiotment for forgery
' either at common law or under the statute, sad that the
present Indictment therefore could not be supported.
Mr. Bodkin and Mr. Poland having be= heard on the
other aide,
The Recorder said he should not stop the case, but es the
question was of a novel character he should reserve
US point for further consideration, if it should became
Thlirthen addressed the jury he the ilehodaat, sad
.8 he coat that there was no poet et say hematite on
hle pert es defraud either the pragmatist or any one dee, sad
that the proper course to have besa taken use to have
applied to the Court of Chancery to met air him frees sell-
iag the articles in question, and that the proosehne aught
never to have been made the subject of a ariadael chirp.
The Recorder, in summing up, said that if the Jerry
should think that the prisoner intended, by the nee of these
labels, to deceive the persons who purchased, and 101•1111111-
sent the quality of the article with an intention to deemed,
they would be justified in finding him guilty upon the
present charge, but he at the same time said that he eheeit
mem= the point for further consideration, mad If he wee
wrong in his ruling as to the law, the prisoner would her have the benefit of it.

The jury, after driberating a short time in the box, ex-
preesed a wish to retire. They were absent about an hour,
and they the returned a verdict that the prisoner was guilty
of issuing a forged printed piper with intent to defraud, but
itbsysTeitdsootaniended him to merry on the ground that they
he was not aware that in so doing he was oommit-
dla%criminal act.
Recorder said that this was a verdict of guilty, but
be should reserve the question of law for farther copal-
duration.

Mr. Lewis applied to this court on behalf of Mr. Glover,
Wm M.P. for Beverlery, who stand@ charged with misdemea-
nour In having made a false declaration as to his onalifi-
cetket to it as a member of the flows of Commons, for •
t of the trial to the next session.
PMr biromadldo oonseated to the application on behalf of the
prosecution, and it wee arranged that the case should stand
oa the list before the judges oa the Wednesday of the next
sanion.

NEW COURT.
(before the Common Sirjaint.)
Robert Waller. asiley, 17, clerk, was indicted for attir-
ing a forged request for the delivery of good..
Kr. Bodkin sad Kr. Payne troeieated ; sad Mr. Min
Bided.

The epee proved againstisoner vas this. Ha Ind
bees for ahead 18 months I. theme ones el a gentleman la
Yom-stress, City, aimed Hill, but led Upon the 14th
of December an order for the delivery d soma esede_(ed-
dressed to Cartel& Lloyd, whin►h were hies he the West
India Docks), purporting to our bob Nome. Debar, the
shipping eggs* woe presented, and the geode eeseedlegly were
given up to the outer who brought it. Upon lb Wag found
that the property, which consisted of wearing apparel, wee
goer,aa Inquiry took piece, and the order wpm which they
delivered being rubbed, was petZli
vy alb.* in
Hr. AM's service to be in the prisoner's . The
silier was traced out by Brett, the Cify to •
g Priebe-ovum St. Cleorge's-in-thip_Beek whore
he ound a portion of the 'poputy of Captain Lloyd I. the
mow.

Time jury found the primmer Guilty.
It wee proved that two years ago he had pleaded guilty to
forging an acrAiptanoe to a bill for 641., Lod In ooneegamos
of Ole youth vu then eratesced to four tomtits' barbs-
sat.

Tit; wart now ordered him to be kept in penal emits&
for six yews.