The Express.
London, England, 1860-10-25 00:00:00

-PCT94E4 25, 1860.

CENTRAL CRIMINAL COURT.
-.-

OLD 0017 RT.

Martin Donator, ZS, was einged with stealing letters.
tion. Ur. Clark and Mr. Metcalfe appeared for the prosecu-
ft appeared In this case that the prisoner bad been about
two years the employment al the Port-ofece, and in con-
senthee uf oneplaints that were made of the loss of letters
upon the beat when he was employed, the authorities of
the Post-Aloe, on the 12th of October, made up what is
tensed a test letter, addressed to Mrs. Green, No. 13,
-row, Islington, in whisk wen placed* half-sovereign
come other corm, all of which were marked. This
letter the rinser Mould have delivered, but he did not
do so,•and rt appnredthat the prisoner changed the marked
half-sovereign at a public-hoose upon his walk, and when be
wee told that the coin could be identdied, he mad* use of
the remarkable expression, "Four yam," which was sup-
posed to allude to the period of penal servitude to which
=in his position, who were convicted of stealing
were generally sentenced. He afterwards told the
°Goer that he supposed that if the gentleman could prove
that the half-sovereign he had changed was the one placed
in the letter, he should be sentenced to four years'isenal
servitude.

---Thwjus, returned a verdict of Guilty.
The pioneer was sentenced to four yews penal servitude,
the newtanoe be had biting( predicted would be the result of
hie crime.

THE QUIIIIN r. WILLIAM DAVIDSON.

In this case it will be remembered the defendant, who
was charged with an indecent assault, had put upon the
record • special plea that he had been put upon his trial for
the same offence at the Middlesex Sessions, and that the
jury were unable to oome to a decision, and that they were
improperly discharged by Mr. Payne, the presiding 314 e,
without sufficient grounds, under the circumstances, for his
taking that course.
To this plea there wee • replication that there was no
likelihood of the jury upon their verdict, that they
had been kept locked up or several hours, and that the
felt it necessary, in his discretion, to order them to be
Mr. Sleigh now proceeded at considerable length to argue
before the court (Mr. Baron Martin having some upon the
bench to unit his learned colleagues) that the cl a was a
good plea, and that as the defendant had y been put
in jeopardy for the yams offence, the discharge of the jury,
against hoe consent and without sufficient pound, wan
tantamount to en acquittal, and that he ought not to be
put upon his trial a second tine. The learned ereassel cited
several eases in support of his argument, and he said he
admitted that discretion to • considerable erase an bathe
period, and ardor what circumstances, • judge would be
justified in discharging a jury, was allowed by the law ;otfll
he contended at the isms time that it was always canton-
plated that there should be • necessity of • high and {Wad.
neat dense to justify a judge in discharging a jury, and that
if he did so from mere caprice, or any alight motive, •
primer ought not to have to run the gisk of • second triaL
The learned judges having consulted together for • short
Period,
The Lord Chief Baron said the court was of opinion that
it was not necessary to hear Mr. Lewis, who appeared for
the prosecution and in support of the application, as he
believed they were all agreed that the plea was a had plea,
and could not be maintained. It was his opinion that with re-
gard to dischareng a jury a discretion was certainly invested
in the judge, and that there wan noappeal from the decision
he primes:ed. In all the area that had bean cited by
the learned counsel, it was admitted that this die:Mica
was given to the judge, and in no case whatever had it been
Lila down that even supposing a jury had been improperly
=gediit was equivalent to an acquittal of the party
orlds own part, he bad no doubt that the law
gave to a lodge the entire discretion to say when a jury
should be discharged, and although if he exercised that dis-
cretion harapsrly, or corruptly, he might be liable to ins-
pea:lntent, theact could not be made the foundation of a
writ of error, and certainly would not protect • prisoner
from being tried • second time for the offence he was al-
to have committed.
The other learned judges concurred in the opinion ex-
pressed by the learned Chief Baron, and at the same time
said that, white they admitted the power of discharging a
jury ought not to be exercised except upon some over-
whelming necessity, and especially where such a course was
objected to, still they were of opinion that when the judo
bad decided upon taking such • step, upon grounds whichhe considered sufficient, there was no power to review that
decision in a court of error.

The defendant, William Davidson, was then put upon
hie trial before Mr. Bares Martin. The offence alleged
spinet him was that of having indecently runaulted a little
• ten years of age, named Annie Dickinson.
Mr. Y. R. Lewis appeared for the prosecution; Mr.
Meigh and Mr. Best were counsel for the defendant.
The eau, from its nature, is one which, of come, will not
admit of the evidence being given in detaiL It appeared
that ea the Elith of August the complainant, a pretty in-
telligent little girl, ten years old, waa in Victoria-park, and
saw the prisoner there lying on the gran, and he spoke to
her and took her upon his lap, and while she was in that
position it was alleged that the defendant had committed
the offence with which he was charged. The evidence of
the romplainant was confirmed to a considerable extent by
that of two of the park keepers, who represented that they
saw what she stated took plies. The little girl candidly
admitted, however, in snswer to questions put by Mr.
Sleigh, that she had told several stories in referearee
to her oonduct on the day the occurrence took
place and that she had aloe been paunched by
her mother for telling falsehoods. She also stated
that on the day in question she saw her governess going
across the perk, end that she eked the defendant to let her
beds him, in order that her governess might net see
hr. A highly respectable witness, named Mason, who was
mufti •• a witness for the prosecution, admitted that he
bad watched the defendant and the little girl for some time,
and Met below nothing impreror take place between dons,
bat it appeared that when the prisoner
offered hi was takmenhis watch,
into row
tTad.lieem d the te ek-heerrers, he
that Lis fa er would give him • hundred guineas
nut day if he would let him go.
Mr. nigh made • powerful appeal to the jury on behalf
of the primmer, commenting upon the unsatisfactory nature
of the evidence to support the charge, and he called a num.
bee of highly respectable witnesses, both male and female,
who gave the prisoner a most excellent character for
morality and general good conduct.
Mr. Bum Martin having summed ap, the jury, after a
short deliberation. expressed • wish to retire.
They left the court at • quarter to five o'clock, and hav-
ing been absent about a quarter of an hour came back, and
returned a verdict of Not Guilty.

NEW COURT.
(Before the Common Berjeent.)

. ,
.7e/ta Sleigh, 21, labourer ; Meet Stevens, 25, married ;
awl Louisa Orme, 19, spinster, were iudicted ter pawing
bus olio.

Illr. Ellin, Mr. Beasley, Mr. Clark, and Mr. M. J. O'Con-
nell appeared to promoute.
The primeness in this case were detected in • rather sin-
gular way by • gentleman named Hall, living in Wanlonr-
street, who it appeared wee passing through Prisms&
street, Soho, upon the 7th of last month, when be saw the
three prisoners standing to-ether in conversation, and be
baud the man say, "Go and try the old huffer over the
way," and the girls directly went into the Falcon Tavern.
When they mine out Mr. Hall went in, and having stated
what he had seen, the prisoners were followed and taken
into custody, and on them were found live counterfeit florins.
They were convicted, and the judge sentcooed the man to
twelve, sod the woman to nine, months' imprisonment.
Louis Dobrell,Z4 dentist, was indicted fur uttering coon-
terfeit coin.

The facie of this case have been but very recently given
is the ]gassier-home police report. The prisoner is it
Frenchman, and is four cease brought against him had suc-
ceeded is purling counterfeit mein piece" in the following
manner. He would all a nib and direct the driver be take
him some short distance within a sixpenny fare, and then
ordering to be pulled up before the place which he had
ordered to be driven to was reached, gut out, and handing
the driver a five-shilling piece, said (our shillings orange
would do, awl also gave them at the same time 2J. for a
glass of ale. Thu pretended liberality threw the poor cab-
men off their guard, and it was stated that in • great many
more instances than those brought forward he had succeeded
in defrauding tic cabmen. All the crown pieces were from
the Name mould.
The jury found him Ott;lty, and he was sentenced to 12
months' imprisonment.
The Mint charges have occupied this court for two days

We have received the foUovring letter :--" Sir, as
your report of • trial yesterday at the Central Criminal
Corot is likely to peejuilice me, I will thank you to state
that the Mr. Hart refined to is iu business in Bury-street,
Bevis-marks, them bias se pine. of that name in St. Mary
Axe but yours teepee y, J. W. His; importer of
hinglem.—act. K"

THE POLICE COURTS.
MANSION-HOME.
An old man, named °tome WeisA, war brought before the
Lard Mayor and Aklerman Cubitt, the Lord Mayor elect,
sitting in petty session, charged with the follomug daring
lappeared that on Tuesday afternoon, between two and
throe slack a brougham belonging to a medical gentleman
aimed Needier, rerfdfng at Stratford, was standing in
Ime=rOliespaide, when the prisoner walked
i to the vehicle, pat los lirod through the
wisdom', sad leek out a shawl cud walked away. m. oc-
senses, was k., by • airman lamed who fol-
bewail the primmest into Watling-street. *biro he went into
• lima. Ho then pee information to a_ polio, constable,
who searched for the prisoner and found him masted in a
water closet, with the shawl in his posesedoe.
The prisoner pleaded Quilt/.
The Lord Mayor ianwred if the prisoner woe Ireowe
Partridge, the gaoler, said that be had beat several times
stunntardy ooevieesd for robbery, end the lee ems he was
aentethed to two moat& i t.
The Lord Mayor, having esseelbod with Yr. Alderman
Cabitt, said there wee very little doubt that the rimier
was • mauler that, sad he should states., him to the fell
masishemset land by the sot if pmetionnesit, whisk lees six
smethe intprisimiermil and hard khan.
A weny wits is wall ham is tits saislibourimed of