The Express.
London, England, 1857-03-12 00:00:00

THE POLICE COURTS.

MANSION-HOUSE.

Allen Ilestnieh, tie bey who a few days ago woo charted
with having obtain** aay from a ilh rheum in Bil-
liAukr.tlMarket, ewes Stewed odor, wee brought before
Bale pros Mbar steps der mere serious nature.
Mr. Predeekie . P y, avfeha broker, of No. 4, tutor
Cm; Old Bresireleest, prisoner woo employed
by as ea clink wed errand boy. Ile wee in the habit of
ens 1e beigews for me with cheques for payment. On
Oh • Mild I gore to him a cheque for Sl. upon the
Ladlew 1 W er Bank. Ile woo to bring me bark
the tom, mid on hiir return he brought me U., I think in
OIL lb degas produced is that which I gavo to him,
bat doss Met time the word " Ten," and the figure
• Wig been added to the cheque, thus making
It appear le be • cheque for 61. 104. instead of
N. On the Ord of Plenary I wet him to the bank forme
neuluek, with a written melee, and on examining the book I
bust in it entriee of permets for 31., 41., 4/., and 3f.,
bet thew were nn cheques in the hook to correspond with
Marts entrien, and no ouch cheques were drawn by me. The
primmer brought the pew book beck, and it contained the
cheque fur 61., which had been altered. I poked him if he
knew anything about the cheque*, and he said "No," and I
ilea for his father end a policeman. I then locked the door
of the room in which the primmer w:w, and went to the
bank to make inquiries.. Borne time after I Nand that the
room I had locked was open, and that the boy wu gone, end
on the pad on his desk 1 found the words, in hie writing, " I
am gone, and you'll hear of me no more." When I
asked the prisoner if the *Yuri " ten" on the cheque woo my
writing, ho said "No, but it urns something like his own."
rpon examining hie pad I found my name written in imita-
tion of my writing in three picots., end ale" the word " ten."
A few days after he left me I revived from Mr. Frenteol
41. 16e. 6d. The cheque produced, doted the 23rd of Fe-
bruary, for 41.., and purporting to be oigned by me, in not in
my handwriting, nor was it written by my authority. I
have no doubt it is the priooner'o. On examining my
cheque book I find it apparent that several cheques hove
been abstracted. I keep it locked up in a drawer, the lock
of which has been tampered with.
Mr. T. Waren, cashier at the London and Westminster
Bank, aid Mr. F. J. Padley keeper an account at our Lank.
On the 23rd of February I paid the cheque prodimed fur M.
to a boy, but I cannot wry whether it us to the prisoner I
paid it. Soon after I paid the cheque I received memo direc-
tions about Mr. Padley's chequee, and I was directed to send
the cheque I had just paid to Mr. Pulley.
Mr. Rudolph Trent's', clerk to Mr. Moldforth, IS, Union-
court, Old Broadietreet,merchant,said—Onrefllorris next dour
to Mr. Padloy's. A wall separates the yards. On the 23rd
of February, between half past four and five o'clock, I no.
the primmer get over the well front No. 4. Before be got
over I heard some money thrown over into the yard, and I
went and picked it up, and then come moremoney fill on to
• skylight, and I picked that up also. The whole mum I
picked up was 41. 19s. 6d. The prisoner said that Mr. Podley
6d dropped the money out of hie pocket, and I inferreil that
the boy bed got over the wall to get the money, and I told
him if Mr. Polley had loot it he would, no doubt, come him-
self for it ;• and the boy went out of our home to fetch, ne I
supped, t 4 Padley. I kept the money for n few days, and
from what I heard I afterwards went and gnu it to Mr.
Peaky.
Mr. A. Haines, clerk in the London end Westminster
Hinsltairiclt is my duty to make up the pass Looks from
the and when the amounts are entered I put the
chewing the pockets of the books, to be returned to the
customers. The entries, on the 12th of February, 34, on
the 14th, 51. 10e., on the 16th, 41., on the 19th, 41., end on
the 21* SL, were aide by me from cheques corresponding
with tame mom* end I placed the cheques a. WNW in the
=et Mr. PeKey's par-book. I delivered, by Mr.
o'
•f mean nee, the pus-book to the prisoner. I
believe the eisques were In the book when I delivered it.
IA J. Igo eaebter to the Lonon and Westminster
Beak, sold—Ths &nee reduced fordl. 10e. was presented
to no la the Vire ever the counter, and I paid to
the redo erhs it that saw.
Jim* lbws nii—O• kb et March I took the
melody !pea as Asap. On our way to
rimeilmilifiwienes I UM lie *at be ball pried • cheque of
Mr. POWs Mir 41. Ha add that Mr. Palsy had no owe-
situ k.Br gent estbst sondem lad got V. 19a. 61.
laslad ; that be (the prbener) had thrown the money
an of Ms window kle • dustbin In the adjoining yard, and

afterwards made his escape from the window, and that the
money had Icon picked up by a gentleman in the adjoining
house, and returned to Mr. Padlify. leaked him how he could
think of forging his master's name, and he said, " Oh, any-
body can do that, RA be joined it altogether, and I can wntu
• great deal better than he can." (Laughter.)
The prisoner, who is only 14 years of age, listened attain•
iively to the statement. made by each of the witnesses, and
said, upon being asked Ly the Alderman whether he wished
to say anything in answer to the charges against him, "No,
air."
The prisoner's father here walked into the witneas-boa,
and said it bad been insinuated that ha had encouraged his
child to commit those offences, and he begged that the Alder-
man would hear whet he had to say.
Alderman Ilsle—Not one word has Leen uttered to your
prejudice in this moth.

The prisoner was then estimated for trial upon two
charm of forgcry, and Mr. Fossil, the fish Woman, who
had bought the charge against the prisoner come days ago
of having obtained looney from him upon a forged order in
the name of Colonel Hughes, was told that the offence com-
mitted by the prisoner iu that case came under the head of
" misdemeanour;" and that the prisoner might bo indicted
for it at the Central Criminal Court.

The Lord Mayor !equated that the peer would aeknow-
ledr hie receipt of a sovereign from a [say, ten shillings of
which were to be given to George llarrosworth, the fireman
who eared some hem at the lire at the Erma Tavern, in
Aldgato, and the reuutiniug ten shillings to be put in the
poor•bo=.

WO RSIIIP-STREET.
Mr. Judo Jay, builder, in Finsbury appeared to abow
eases why he had neglected to serve the surveyor of the dis-
trict with the preeerthed statutory notices in reference to a
certain building which he had coutracted to erect in Artil-
lery-plate North, for the accommodation of the Royal Lon-
don Militia, by which he had incurred a penalty of 20!.,
under the 41st see. of the Metropolitan Building Act, 18
and 19 Vie., e. 122.
Mr. Henry Hammon, the district surveyor, having stated
that ho had taken these proceedings in consequence of hie
having etatioinnitated tout purpose with the secretary of the
commissioners of lieutenancy, for whom the defendant was
erecting the building.
Mr. Smith, the solicitor to the Conuoisslonere of Lieute-
nancy, submitted that the building in question war ex-
empted by suttee, 18 sod 19 Vic. cap. 122, which enacted.
"That no building or other premium intended for the use of
her Majesty, should be liable to merminent."
Mr. Norton, who appeared for the prosecution, contended
that the defendant'. own contract with the OU(0111iiiiii011ellt
coutainid the usual buibliegelau.se, by which he was bound
to nerve the pones required by law. With regard to the
section of the Building Act relied es by Mr. Smith, he main-
tamed that the buildings intended to be exempted were spe-
cifically described in the schedule of the set, but there wee
no mention of env such building as the one in question, and
there WAN U 0 esitience to show that it via under the control
of the crown.
Mr. Smith, having been sworn, stated that he had been
frequently in coaunueiraitiqn with Lord Pawners and Colonel
Tifton, the Adjutant-General, and lied been directed to
Mitten the completion of the building, sa the present head-
quarters were emulsible.
Mr. D'Eyneourt, who had adjourned the ram for a fort-
night in order to enable him fully to consider the arguments
in a matter of midi importance, now maid—The question in
this case depends entirely upon the construction of the words
" employed for her Majesty's use or service" in the Gth sec-
tion of the Building Act. The principal object of that act
appears to be to ensure a survey by a competent surveyor of
all new works and buildings, whether erected for public or
private purposes. Certain buildings ate exempt from the
operations of the act, and aeginget than ate " her Majesty's
Royal I'alaces, and any other building in the possession of
her Majesty, her heirs or sureessoce, or employed for her
Majesty's use and service." Now, all the buildings named
in this section are either those for which it may fairly be
presumed that a competent architect or surveyor his been
appointed, or buildings foe which no special surveyor is neces-
sary. If this be • just view of the object of the art, the
words "employed for her Majesty's me," would seem
to be intended to apply either to what arc called government
buildings or to buildings the supervision of which is espe-
cially confided to sonic competent officer appointed by the
crown. In this eane it does not appear that any crown effect
has exercised or claimed to exercise any super-
vision of the building. The reference to Colonel
Pipon moms to have been • voluntary set, either
of courtesy, or for the information and guidance
of the architect, but not to have been made under any legal
obligation. If, then, the building is not subject to the super-
ViAloll of any crown or government surveyor nor to the dis-
trict eurreyor appointed by the act, it is subject to no Purveyor
at all, unless the Court of Lieutenancy reap choose to appoint
one. I will not, however, rest my decision entirely upon this
view of the act of parliament, but will examine more strictly
the meaning of the word. "employed for her Majesty's was
or service." The building in question isnot to be ere;ctedhy
the crown, nor at the expense of the crown. By 1 Gee. IV,
c. 100, s. 23, it is directed that the acme, accoutrements, lee,
of the militia, are to be kept in ouch convenient place as the
commissioners of Lieutenancy slay appoint; and the
and 10th Vic. c. 145, invests tbe commissioners with further
powers for G,m purchase and use of lands for the said
purpose, whenever the headquarters shall be required
to be removed. By the same act, the trophy tax, out
of which the budding in question is to be paid
for, is made analogous to the county rate. It appears to me,
upon the construction of the latter act, that the crown neither
provides nor exerthos any control over such buildings, but
that they are expesely vested in the commissioners, who are
not the agents, but quite independent of the crown, and in
the same position ea the county justices, who are empowered
to purr:lime land, and erect similar buildings out of the
county rate. I conceive, therefore, that this building, which
has not been specifically named in the exemptions, comes
strictly within the mewling of the Building Act, and that
the defendant wan clearly bound to have given the prescribed
notiees to tbo district surveyor. I have had some difficulty
in arriving at this conclusion and as the point at item might
reasonably be involved in considerablei doubt, I shall merely
impose the nominal of Is., together with coats, which
are meseesed at 4!. 2s.
On hearing the judgment, the defendant's solicitor, im-
mediately gave notice of appeal, in the farm of a special use
to the Court of Queen's Bench.