The Express.
London, England, 1867-07-09 00:00:00

113 115
113 114

CENTRAL CRIMINAL COURT.

urse-or Dundass, 25, a well-dressed man, described as
tinulan, whose case was postponed from the last session,
was charged with assaulting and rubbing Alexander Thorne.
Mr. Bosley prosecuted, and the prisoner was defended
by Mr. Ribton.
The offence imputed to the prisoner was one of a very
serious character, and the case has been postponed over
one or two sessions in order to afford an opportunity for
the production of all the evidence that it was possible to
bring forward bearing upon the charge. The prosecubr
had been for many years the collector to Messrs. Young
and Bainbridge, the brewers, of Wandsworth, and there
was no doubt that the fact was pretty well known that he
was in the habit of going certain rounds on particular
days, and that on these occasions he generally had
a considerable sum of money in his peseta-
sion. On the 9th of January the prosecutor had been so
' employed, and about a quarter past five o'clock in the
evening, when at that time of year it was, of course, quite
dark, he was going from Hoehampton in the direction
of Putney-heath, having at the time a sum of 500/. in gold
and bank notes in his possession. When be had got to a
somewhat secluded part of the road, the prosecutor ob-
served that he was followed by two nice, and their con-
duct seemed to have at once excited his suspicions, and,
according to his evidence, he placed himself at a short dis-
tance from a gas-lamp, in order that he might have an
opportunity of seeing the features of the men who were fol-
lowing him. When they came up to him they appeared to
; have attacked the prosecutor, and treated him u. a most
I brutal manrer. He was knocked down by one of them
with a preserver, and while he was upon the ground,
the same man who had struck him with the weapon, and
who he swore positively was the prisoner, jumped upon
•; him, and stood on his neck and stomach, and he was most
severely injured. The prosecutor seemed to have exhibited
a good deal of coolness during the period the outrage was
being committed, and he contrived to divert the attention
of the thieves from the pockets where the money was
actually deposited to his cast kets which contained
nothing but a small ledger and .k of poems, and after
a long struggle the pockets of the coat which con-
tained those articles were torn off, and the ruffians, think-
ing they had secured their booty, made off. The prisoner
was anhaequertly tried with another man at this court
upon two charges of robbery, and he was acquitted upon
both, but it appeared that while he was in Newgate await-
ing his trial upon these charge* the prosecutor went to see
him, and he picked him out from forty-five other pri-
s.oners as the man who had assaulted him, and he now
swore in the most positive manner to his identity.
The prosecutor was rigidly cross-examined by Mr. Ribton
upon the question of identity, but he persisted in stating
that the prisoner was one of the men who attacked him,
and Fe said that after the prisoner had been taken he was
allowed to disguise himself, and he blackened his face and
neck, and disguised himself in other respects, but not-
withstanding this, he picked him out from seventeen
other prisoners the moment he saw him. There was no
direct confirmation of the evidence of the prosecutor with
regard to the identity of the prisoner, but it was proved
by Sergeant Cole, of the metropolitan police. that in the
room where he was taken into custody there were found a
quantity of housebreaking implements, and also two life
preservers.
The de:ence that was made to the charge was an alibi,
and a person named Henry Morris, who described himself
I as a pugilist, was called to prove that on the evening the
; assault was committed the was at different public-
houses in Westminster with him from five o'clock until
nine. The witness, in answer to a question from Mr. Hea-
ley in cross-examination, stated that he had been senterced
to fourteen days' imprisonment for " what they called,"
he said, " card sharping" at Croydon races.
Three other witnesses were also called to establish the
alibi, bet their direct testimony was considerably shaken
on cross-examination. _ _ _

After an able renew of the whole of the evidence ad-
duced on the part of the prisoner by Mr. Ribton, and a
general reply on the whole case by Mr. Healey for the pro-
secution,
. . . . .

_,
The Recorder summed up with his characteristic clear-
nes and minuteness.

The jury after a brief consultation, returned a verdict

of Gailiy.'.
A former conviction for felony at the c:ty of Wells in
1863 was proved against the prisoner, who was then sen-
tenced to four years' penal servitude,which was proved by an
officer from Wells, and that officer also proved that he
had known the prisoner as a thief for some years pre-
viously.
The Recorder told him that be had been found guilty by
the jury, after a full, careful, and patient inquiry, of a rob-
bery attended with circumstances of great aggravation.
The brutality of the treatment the prosecutor bad received
at the prisoner's hands could not escape the notice of the
court. The prisoner had been long known as a thief, and
1•e bad already undergone four years' penal servitude. The
sentence now upon him was that he be kept in penal ser-
vitude for the term of ten years, and that prior to that
sentence being carried out he receive 20 lashes from the
instrument called "the cat."
The prisoner was removed, howling out that he was as
innocent as a babe.
THE YORGCRIZI4 ON THE LUDS RANKING COSIPANY.

Mr. Sleigh, addressing the Recorder, said he was in-
structed on the part of Mr. Thomas Eslgeley, who stood
committed on several charges of forgery and fraud on the
Leeds 11Inking Company. to apply to the court that the
trial should be postponed until the next sessions, and also
that the Recorder would alter the terms of the bail which
Lad been fixed by Mr. Justice Mellor at chambers.
The Recorder said the trial might be postponed to next
session as prayed. With respect to the accund part of the
application, he could not interfere with the order made by
the judge at chambers.
Mr. Sleigh observed that that order required three sure-
ties in I,OOW. each, and his application was that this be
altered to two sureties in 1,5001. each, so that the amount
of boil would not be reduced.
The Recorder granted this application also, and the trial
was postponed to the next ssasan.