The Express.
London, England, 1856-09-25 00:00:00

THE POLICE COURTS

NANSION-1101381.

—.—..----.
Mr. John Pringle,— a native of Cllsagow, who had been
remanded upon the thane of bevies, en tie 13th inst.,
unlawfully written and sent to Mr. Benjamin Batt (Secre-
tary of the Bank of Lends.) a cumin letter directly offer-
log to prevent the publication of a certain matter touching
divers persons, trader. in this City, under the Brm sod title
of the Bank of London, with the intent to extort from them
certain of their moneys," was again brought beton the Lied
Mayor.
Mr. Badkin, instructed by Mr. T. Tyne), the solicitor to
lb* Beck of London, again appeared on the pert of the pro-
secution, and Mr. Marshall attended fcr the prisoner.
Mr. Bodkin said he did not intend to offer any further
evidence in support of the prosecution, and asked for •
committal of the prisoner upon that which bad been already
adduced.

Mr. Marshall then submitted that t►e prisoner ought to
be at once disoharged, as the charge upon which the warrant
had been issued did not come within the terms of the act
of parliament. No doubt the prisoner bad been guilty of
great indiscretion and impropriety in writing the letter upon
which a mil:nista charge against him had bun preferred,
bat he had enomitted no offence which was made felony by
the 7th and Bth Ciro. IV. _ .

_ _ •
Mr. Bodkin—No, not a felooy. You ere referring to the
"nogg act of parliament. It the circumstances had been
strictly c stunned and the prosecutors had been disposed to
act with scything like vindictiveness, I think they might
have bees joitified in unities this as a charge of felony,
but they have adopted the present course, thiakiog it will
be sufficieet to put an end to the annoyance they have ex-
perienced at the hands of the prisoner, and show in respect
to other monetary establiebmects that this system cannot be
minified to continue. The charge is a misdemeanour under
Lord Campbell's Act, and not a felony.
Mr. Marshall said thst the object of the legislature was to
p t persons from 'atoning money by • threat to publish
a libel. I. order to be en offence within the ass
of parliament, the threat must be to publish a libel apes
the person from whom the mosey wee attempted to be
extorted. In construing penal act., the court mast apply
the most rigid ridge of constriction, and must not, in order
to punish a penes who has committed an act of indienc-
lion, enlarge the terms of the act beyond its very wordr
The prisoner had not threatened to publish the letter; he
had simply stated that a pamphlet wet written, end that
soles, he received attention to his claim he would not use
his endeavours to prevent its publintios. Bo far from
hided libellous, if the matter contained in the pamphlet
was true, it wag an act of public duty, in order to p t
consequences ruinous to the commercial community, to
pablish it, notwithstanding the high respectability of the
Bank of London; and any one performing such an act of
public duty was 'elided to the thinks of his fellow-subjects. '
Mr. Bodkin said that Mr. Marahill had totally miens-
esived the nature of the charge against the prisoner, and
had come with an answer to a supposed charge of felony.
The warrant said nothing about a threat to publish a libel.
Under the terms of the statute it did net ingoify whether
the letter was libellous or net. It was clear that no prima
fade can of claim existed on the pert of the prisoner, and if
he (Mr. Bodkin) were disposed to treat the matter with
levity, nothing could be more ridiculous than that a person
who asked fee mosey to purchase the common necessaries of
life should oath to be irjured by being prevented from
establishing a beak. The Bank of London was too firmly
established is the confidence of the public not to be able to
Inn the muster with contempt; but the directors were
Impastively blued to show that such proosedisp could not
hspnity. No man living could read the letters
itaco by the phone, without seeing that hie object was
ft IMMO swag from the Mentors of the Bank of London
mostlethelow of hie abandonlag a claim which he had
hid to MAY la • test of law. He (Mr. Bodkin) now
eshti 1110 Leoll ars to toll upon the prisoner to find bail
issono the damp WI dot (Astral Criminal Court.
The Lent Ilegoo Go the prinaer)—Althosigh yea are
advised by esessekely wish to ray anything I will heat
yon;
bat I Malt to tell you beforehand that it le
my intention le yes for trial. I most gin you the
ordinary eamffilightlbet anything you say will be tikes down
in writhrs.elel may be given in evidenee against yea at
your ins.
Prioesew—l have this morning jotted down what I wish
to be recorded in this court. Ido not stand here to call is
gunnies anything with regard to the ethnical Innen ideate
of this country, but there Is something hurled in the eir-
ougatenos that a prisoner, after he I year lordship's
presents, ham not the opportunity of communicating with
Ws friends Inept at a fearfel net.
The Lord Mayor—My course is perfectly clear. I have
nothing brought before me to-day which I did not know
when I granted the warrant. I could only take the letter
according to the import which it appeared to me to boar,
namely, that it came within the act of parliament, and was
in the nature of a threat for the purpose of obtaining money.
At the last examination, I made some observation with
regard to the value of public opinion, which se
doubt affects all establishments that depend upon
credit. No public opinion can make an insolvent establish-
most solvent; bat, at the game time, a great 'Diary may
be sustained, not only by those who have immediate in-
tueste In the bank and the publlo at large, but by the
nation; because no great establishment dependent upon
credit can be affected without the nation at large suffering.
Therefore there is great reason why all such establishments
should be of a nature, from their composition, fairly to re•
calve that credit which they have in this commercial eountry,
and there is great reason why, if are attacked, the law
should cannilly guard them—so that those who transits* '
should be brou-iht to answer for their conduct. You will
be committed for trial by a judge and jury. Yon will hays
the opportunity, upon procuring bail, to wank year ad.
viten and suffer as little inconvenience as dersittio.
The prisoner intimated his desire to address the end.
and proceeded at some length to urge the softening of die
privies him of onamustcatioa with hie friend'. He com-
plained of usproliesional seal having been shown against
him by Mr. Bodkin, and was proceeding with some warmth,
when
The Lord Mayor reminded him that be could only be
heard to address himself to the furl of the one.
Prisoner—l am placed in circumstances of great difficulty.
The only person I have seen wag a gentleman who was per-
tained to look at me for a few minutes through the gaol
gratings. Except those prison companions, the Bible and
Prayer Book, I have not seen a peg. of print.
The Lord Mayor—Just separate abatis speech and what
le answer, Incases Mr. Bodkin's speech did not go on the
deposition, and your speech cannot go on them.
Prisoner—Then here I go to the defence, wbieh I wrote
this meriting as soon as it wet light. Here is the precious
document.
The Loyd Mayor—l think it necessary before you eon
mend, to have the evident, taken upon the first examina-
tion read over by the chief clerk, and your counsel con
noes-examine the winsome If you think proper.
The depositions were then read, and Mr. Marshall said
the only question he had to ask, was one which he would
call upon Mr. Boott to answer. It was, whether that gentle-
man bed not heard previously from some other person than
Mi. Lawson, of the intention to establish a bank with the
same of the London Bank ?
Mr. Boott—l did not know, except from Mr. Lawson, of
any attempt to establish any bank with the name of the
Book of Leedom, previously to the establishment of that
book, and I beard of it from him mix moths after the bank

had been established.
The Lord Mayor then repeated the usual form of address
gives to prisoners previously to cosarrittal, sod slid the
prisoner that he might make any statement he thought
would be serv.esable to him, but he mut consider that his
words would be taken dour, and might be used against hiss
ea hie trial
The prisoner thee load from the paper of which he hod
spokes as having been writhes by him In prison the follow-
ing statement, which he was most analogs should be taken
down in the note of the chief clerk Defence prelinsi-
nary.—First. No copy of the charge or statement made by
Mr. Booty, or of the Lord Mayor's warrant issued thereon,
or of the charge made against are in any ship or form,
hoe ever been handed to me, or to anyone in my be.
ha'f. Second. All legal questions, as to concurrent
sad cumulative jari diction, and as to libel and
the publication thereof, ere 99999 Tad. Third. On
the merit,. As stated by me In my statement, or
signed declaration, taken before the justices of the peace In
Glasgow, and which I request may be produced sod put
into court here, I now spin repeat that in writing Idr.
Broth the letter, founded on which was one of a series
reasonably urging the settlement of a reasonable claim, I
duly that I was actuated by any improper feeling, or that I
committed any criminal set whatever. Of the clause is the
sot of parliament alluded to hy the prosecutor 1 was not
aware, but neither in its spirit nor its letter was that act
over Intended, or can, by any fair construction, toe held to
apply to a cue like the present. Fourth. I a not
the author of the printed advertisement called " A
warning," alluded to in said letter, nor have I
ever written a simple article hostile to either the
Royal British Beak or the Bask of London.
To see both prosper had ever been my wish and dative.
Filth. As I am as enclose to meet and see the issue of this
ores as Mr. B ott can be, my word or perrocal moguls', re
should be taken as readily se his. Sixth. If I had been
guilty, which I sin not, sod had been convicted, which by a
British jury I feel sere I Bev. r shall be, I could not here
endured more painful abtrace and lose, or more severs
treatment end proctor inureeration and hardship than I
have. Lastly. As at this rate no one who writes a letter to
another urging settlement of s jut claim, is any bracer We
against summary arrest sad incarceration in bleak holes and
gaols, both of which I have been thrown into. I now in the
sawed name elastic*, and by my Anhui as a British subject,
sad for the sake of British (nodose, desisted a hearing, and
a full and fair trial before a Joey."
The Lord Mayor—Are you prepared with hail ? I stall
moire two sourlties In the sum of 601. sub, sad your own
Hearth, to the mutt of 1001.
prisons —I am a stranger here, and have bad no oppor.
tooter of eoanemokatiop with my Woods.
The Lord Mayor—That is quite out of the questa").
You have bad fall opportunity, sad the eiteauirtsoces have
boos wade knows ri the world eines your first ezeraisatioa.
• 'meows of the legal profession here elated that he

had for Reny yew, known the prisoner, and was ocavineed
that bail mu& be easily obtained.
The Lord Weyer, after having communicated for a few
moments with*. counsel for the prosteution, said to the
profeeslosal gentleman who firer addressed him, "1 ama
told by Mr. Bodkin that the prosecutors are williny to ac•
apt you hail without any additional security, if you are
to mower for the risoner's appearance to take hie
trial.' ' _ .

The offer was immediately accepted, sad the prisoner was
liberated. _ _ _

The Lord
e Mayor, In addressing the primmer on his de-
parture, said—" You entertain a wrong Impression alto•
pettier, with respect to Mr. Bodkin's conduct. A more
humane or gentlemanly advocate or cpponeat no man has
ever had. I believe he may be quoted as one of the kindest
men at the bar."

Mr. Pringle—lnward his weal as an advocate, and meant
no
imputation upon his character.
Cornelius Boor, a youog man is the service of Mr. Salo-
mon', of No. 6, Houndsditcb, was chsrgid with unlawfully
detaining a large Neirfoundland dog, the property of Mr.
Hughes, No. 4, Thome...terrace, Mile end-road, Stepney.
It appeared that Mr. Hughes lost the dog a short time
since, sod cm Friday last the defendant was at pped by the
owner of the animal, who claimed the dog as his property.
The dog was worth M., and could perform ee I tricks.
Mr. Salomon' produced five members of the Jewish per-
gumboil, who swore positively they tad seen the dog on bra
premieet for the last e'gbteen months.
Mr. Rama Ould, of Bow, _a gentleman of property, said
that he gave the dog to Mr. Magner, and be was quite cu.
tsin it was the same animal. _

The Lord "layer then ordered the dog to be muzzled and
lib rated by the constable, which hay.tg been done, the
animal vaulted over the iron railings acme the clerk's table
Into ths body of the court. S me difficulty arose before
"Bruin" could be sicured by the officers in attendance.
The solicitor for Mr. Hughes suggested that both claim-
ants should make the dog perform a few uicks, which ha,-
iog been done, the pm animal seemed to know both the
Owners. _ .

The Lord Mayor thereupon advised both parties to seek
redress at the City Sheriff's C3urt, where the judge would
no doubt be able to srtt:e the matter in dispute.
Police-constable 666 was ordered to detain the dog in the
meanwhile, and charge the legal claimant for its keep.
The proteedinp Vim terminated.
GUILDHALL.

--- ---
Mr. Joseph Quick, of the Vaughan Waterworks Com-
pany, Sumner-street, Southwark-bridge road, the owner of
mural houses in MiAlesez-usaage, Bartholomew-clove,
was summoned by the City Commissioners of Sewers to
show canoe why Noe. 1,2, and 3 should not be pulled down,
Wig in a &tepid wed state end daemons to the public.
Mr. James Rumen appeared for Mr Quick; and Mr.
Sergeant on behalf of an insurance company.
Mr. Tyrrell said these preceediogs were taken out agairst
the defendant under the 18 & 19 Vic., cap. 122, sec. 73.
The Commiuioners of Sewers rcc•ived information on the
11th of July that the houses in question were in a delapi-
dated condition, ned they seat to the district surveyor, di-
recting him to survey the premises, sad send in a certificate
uto their condition. lie certified they were in a minors
and dangerous state, upon whict notice in writing was given
to the defendant, requiring hat to pull them down. He
had not complied, and the eoluniesioners had therefore
shored up the walls to prevent accidents under the power
vented in them, and now applied to the magistrate to enforce
compliance with their order.
The deputy clerk to the Commissioner, of Sewers proved
the certificates end notices.

Mr. Rumen said than proceedings were unnecessary, for
the workmen were now esgeged in pulling the houses down.
Alter some discussion, Alderman Lawrence granted the
order for taking down the helms within seven days from
this date. _ _ _ _ _

Simile? orders were obtained for bowel Nos. 1,6, and 7,
Willia'acoart, which were in the occupation of Julia Collins,
Joseph Tarbnck, and ?day Jeering, none of whom had
paid any rent for the last two years, the impiety beitg is
Chancery.

BOW-STREET,

The marine storedealer, Therms Clarke, and florist
Clarke, his wife, who stood remanded on the charge of
being :concerned in the robbery of globes' Itc. from the
premien of Idr. Wyld, geographer, 457, Strand, on the
Welt of the 22nd August, were brought before Mr. Jar-
dine for final examinatioo.
. .

James klarradtais, another marine storedealer, wu now
placed best a them, having been apprehended on the pre-
vious day, on suspicion of being also implicated.
In addition to the evidence given on the first occasion, it
wee now proved that a few days after the apprehension of
the Clarks', the prisoner Harradice and another man left
• boa or ease and a bag eta receiving-house of the London
Parcels Delivery Company, at St. John's-wo-d, directed to
Kr. Wyld. They were forwarded in due course, and when
opened by Mr. Parrock, the prosecutor's foremen, the
cue woe found to contain five of the stolen globes, and
the frames and brasses belonging to them. When sppre
headed ow Teerday, at his shop in Bermondsey-street,
Houdin, denied that he was the person, but he wee iden-
tified by a working man named Cole, who saw him enter
the receiving-house, and by Mrs. Pollard, the wife of the
shopkeeper.
Mr. Lewis,iwho appeared for the Clarke., aaid he could
not resist the committal of the huband, bat there wee
nothing to show that the wife had not acted under his direc-
tion. He cited cues to show that she could not be held
liable, however she might have participated, unless it was
proved that she had received property independently of him.
Mr. Jardine held the objection good, and discharged the
woman, bat committed the male ptimonen for trial.
Clarke was also committed for stealing a large quantify of
title deeds, which his wife wee attempting to destroy,
when she was detected by Holmes, F 50, on the ocerion of
Cla►ke's apprehension.
He was further charged with being concerned is a
burglary at the howls of Charles Gale, a post-office letter
carrier, 35, Greek-street, Soho. The property stolen, con-
sisting of plate, bed-clothing, linen, &c., waa found in psi-
sonar's posuseion on the same occasion.
In this case also he was committed for trial.