The Express.
London, England, 1850-05-09 00:00:00

CENTRAL CRIMINAL COURT.

OLD COURT.-YESTUDAY.
Mama Ma. SAWN ALIPILInIi, MIL J. nice Cassowsax, AIM
Ms. icenca WILLIAM%
FOROSIIT OPUS THU BASIL OT RUSSIA.
110.511 the learned judges taking their seats on the bench,
Said Lawrie., 22, Bernard Gordon, 35, and Sod ials Fader-
men, 34, were placed at the bar.
It will be remembered that at the February session of this
court these prisoners wen arrai3n-d upon a charge of felo-
niously causing to be engraved, and with having feloniously
in their possession, certain portions of an instrument
purporting to be an order or undertaking for
the payment of money of the empire of EAU.
sia, without the authority and consent of that
motet. Upon this occasion Mr. Huddlestone, who was
counsel fur one of the prisoners, put in a demurrer to the
indict meat, to which there was a rejoinder on behalf of the
Crown, and after a long argument it was arranged that the
demurrer should be fully argued upon some Intro occasion,
and to day was appointed for that purpose.
The Attorney-General, Mr. Clarkson, and Mr. Ballantine
appeared on behalf of the Crown. Mr. liuddleatone, Mr.
Parry, and Mr. Metcalfe attended to support the demurrer.
Baron Alderson. before the proceedings commenced, di-
rected the attention of the learned counsel for the prison en
to the danger they incurred by Insisting upon the demurrer,
and reminded them that if the judgment should be against
them, final judgment would probably be at once pronounced
upon the prisoners, as though a conviction by the jury had
taken place.
Mr. Huddleaton said that he and his learned friends had
considered the matter, and they felt that it was their duty
to proceed with the demurrer. The 1 d council accord-
ingly addressed the court in support of the objections
that he had raised to the form of the indictment,
and went at very considerable length into the nature of the
charge against the prisoners, but es the points raised were
reported at considerable length upon the former occasion,
and se the objections were entirely of a technical nature it
will be unnecessary to repeat them. It will be sufficient to
sta-e that the prisoners were charged on a great number of
different counts with having feloniously in their possession,
and with having caused to be engraved certain por-
Goas of an order or undertaking for the payment
of money of the empire of Russia. The objections
that were taken to the indictment were, first, that
the original instrument, of which the forged engra-
vings were sail to be portions, was not set oat;
secondly, that although they were described as being an
order for the payment of money, it was not stated whether
it was English or foreign money; and with regard to the
last six counts, it was contended that they were bad alto-
gether, inasmuch as the prisoners were charged in accord-
ance with the provisions of the act of the 2nd and 3rd
Was. IV., merely with forging sod uttering • forged in-
strument, the document not bring set out at all,
or in env way described, except in this general
manner. The learned counsel, in the cosine of a very long
and ingenious address, urged upon the court that these ob-
jections were fatal to the indictment, contending, that unless
there was an opportunity for the judges to see what the in-
strument really was, of which the forged engravings were
represented to be a part, it was impossible that they could
come to the conclusion that it constituted an order or
undertaking for the payment of money in a:cord-
ones with the provisions of the statute. With regard to
the last sip counts he also contended that it was
perfectly clear they could not be supported, inasmuch
as it was impossible to say that the act of engraving
amounted to Lrgery. Toe learned counsel in the course of
his address said that he had felt compelled to persevere in
the demurrer, beams? some of the objections could not have
been taken after verdict, and he concluded by calling upon
their lordship., for the reasons he hod stated, to allow the
demurrer, and order the discharge of the prisoners.
Mr. Parry followed, and said that after the very able
manner in whicn his learned friend had put the, matter
before the court, he felt that it would be unnecessary to
occupy any consid-ruble time in the observations he should
make. It appeared to him that, the prosecution having
failed to set out the original instrument, of which it was said
the alleged forged engravings purported to be portions, the
question was, whether such an offince was charged in the
indictment as brought it within the statute so as to compel
the prisoners to answer it ; and if this had not been done, he
submitted that the demurrer ought to be allowed. He then
proceeded to argue in support of the objections that had
been raised.

Baron Alderson intimated to the learned counsel that as
he would not have an opportunity of addressing the court
again he had better apply himself to the other point that
would arise, namely, whether in the event of the court de-
ciding against the demurrer, final judgment should be pro-
nounced, or whether the prisoners should still have the
privilege of pleading to the indictment.
Mr. Tarry accordingly addressed himself to this part of
the ease, anti cited several authorities to show that although
a prisoner demurred to an indictment, it did not deprive
' him of his right to have the charge afterwards disposed of
upon its menu, and he said that the judges had in several In-
stances given a judgment of respondeat ouster, and not a
final judgment in such owes. In capital cases this had al-
ways been allowed, and although he admitted that the
judges appeared to have done this in fevorem vitae, or from a
humane feeling not to take away life without giving the
accused party an opportunity of going into the facts, yet he
said this had been the result in all such cases, and he con-
tended that it equally applied to other charges of felony
where the capital peoiabment was not involved.
Mr. Metcalfe was heard on the same aide.
The Attorney-General neat addressed the court in support
of the iodic:meat. Alter calling the attention of their lord-
ships to the provisions of the statute under which it hid been
preferred, he first addressed himself to the consideration
of the last six counts, in which the prisoners
COURT OF EXCHRQUER—YEBTERDAy. were charged with forging en instrument per-
&mew 111 BANCO. porting to be an order for the payment of money, and be
This being the last day of Easter term, 'event judgments said he should contend that the offence of forgery, which in
ware delivered; but the following were those only which pus point of fact consisted in the making of any false instrument,
pissed any general interest: was made out by the proof that forged engravings of the
RIORT c. HEWITT.—COMEENSATION TOR AN ACCIDENTAL Character referred to bad been made by the prisons re. lie
Inr. var. was proceeding to offer some further observations with regard
The Lord Chief Bunt delivered judgment in this ease. to these counts, when he was stopped by
It was an action by • passenger on an omnibus against the Mr. Baron Alderson, who said that the judges were of
proprietor of another omnibus to recover compensation in opinion that these counts would not do, and the court, then-
damages for personal 'Unities sustained by the plaintiff fore, wanted him to direct his ctention to the other counts
In consequence of the alleged negligence and misconduct of in the indictment.
the defendant's servant. A verdict, with 601. damages. was The Attorney-General then proceeded to contend that it
fated for the plaintiff at the trial, before Mr. Baron Rolfe, was impossible to frame the indictment in any other torn
at the last mien of Liverpool, and a rule was subsequently than it now appeared. The insertion in the indictment of
obtained for • new trial, on the ground of misdirection. that which was tinned the °elided inetrumert, he said
The court took time to consider whether • rule ought to be would not afford any further information ; and in point of
granted, and in the interval confined with the I d baron fact, Inasmuch as in the forgery certain letters and marks
upon the subject. It appeared that the omnibus upon which which were contained in the original, but which were known
the ptsirtiff was riding was struck by the defendant's omni- only to the engravers of the genuine notes, did not appear,
hue. The effect of the concussion wee, the plaintiff was thrown if the original note had been set out in the indict
from the box seat, in which he was sitting neat the coach meet, the forgery would not purport to be a p amino
man, and was seriously injured. The learned baron left it of it on account of the omisasions to which
to the jury to say whether the mischief moss from the erg. referred. The forged portions were sat out in the
ligenee or miecoodnet of the defendsot's driver, and the jury indictment, and with regard to the clues:ion whether they
hound that it did. The misdirection suggested, as the ground constituted part of an orderer undertaking for the payment of
for the motion was, that the aecident was partly occasioned money, or whether they purported to be portions of •
bythe misconduct of the driver of the omnibus on which genuine Russian bank note, these were matters which could
e plaintiff was riding, as it was driven at so furious • rate only be explained by averment or evidence. He should also
that the driver was ens:date pull up the horses, and if he had submit to their lordships that, even if it should have ap-
beam able to do so, the awident would have been avoided. peered that no such instrument was actually in circulation in
It was submittid that the jury should have been to'd to take the empire of Rues's, the act of the prisoners would still be
those circumstances into their consideration, and that the within the Drina of the statute in having engraved that
learned boron had fallen into an error by not having so which purported to be an order for the planet of money of
directed them. The court were now nnanimmuly of opinion a foreign state without the authority of that state.
that there was no valid objection to tee mode la which the The learned judges here interposed, and intimated their
east had been left to the jury, and that the verdict ought not opinion that some of the counts its the indictment were
to be disturbed. A majoriti of the court, who had elttarly sustainable, and the only point that remained was,
heard the wellies, were o opinion that when • whether the prisoners should be allowed to plead over and
petty was injured he had a right to ten: yer cmispenestion in take their trial, or whether final jutliwnent should be lirr-
dames• frees the party who had occasioned the injury. pounced.
No doubt, geserally towable', that was so, hut as at pre- The Attorney-General then proceeded to eontend, that
seat advised he (Sir F. Pollock) did not think the principle Lithe decision of the court were to be egaicet toe praonere,
ought to be extended beyond a liability for the ordinary epos the demurver they ought at once to pro-
consequences of negligence. There was no doubt now* dual judgment. The arguments addition
that every person who committed a tortuous or wrongful la sappers of We view of the one were, of

Thu Chief Justice said certainly; and if the case were
tried at the assizes and the plaintiff sucueded, she was to
have immedi►te judgment.
The reseon stated by his lordship for proposing to change
the venue was bemire it would be as expensive for the
plaintiff to take witnesses from Manchester to Liverpool, as
from Manchester to Landon, and the court thought it
should not be tried again at Liverpool.

NEW COUNTY COUNTII ACT.

Upon Mr. Lush appearing to support a rule to enter a
suggestion upon the roll, under the Counts Courts Act,
The Chiet Justice observed that the act was pasted with a
view of relieving the courts in Westminster hall, bat there
were more applications to deprive plaintiffs of casts under the
act than there would have been motions for rules if the
muses had bees tried in one of the superitr marts.

acmes, entirely of • technical etarairr, and a number of
pare Were cited Pr show that the agent of • prisoner demur-
ring WY to Confess the facts,and if the judgment was against
bim upon the question of law, that he bad no right to plead
and take hie trial afterwards He rid that the judgment
of responder ouster uptat a demurrer had only been given
id capital cases, and t►en oaiy as • matter of humanity ■od
indulgence, and the parties in the present instance having
taken the course of demurring with their eyes wide open,
and after • warning by the court r to the
consequences that were likely to erne, he sub-
mitted that t►ere was no groand for granting them that
prisilege. Hs concluded by rating that the rrocering of
demurring was one of very ran occerrence, and, if priso-
ners wan to be releued from the consequences, the affect
would he, that before every ariaalaal trial there would be a
demurrer upon technical grounds taunted by the ingenuity
of the advocate of the prisoner, and great public inconve-
aie•es must reessarily be the result.
Mr. fluddiestone then replied upon the whole matter.
The learned judges reserved their judgment; and the
court then adjourned, the arguments having occupied the
whole of the day.

NEW COURT.-tiESTERDAT.
Berms to itscoluma.
A FILWILLII SWIM/Lift.

Mary Arm Anson, 28,. married, pleaded guilty to an in-
dictment for stealing a printed book called " A Church Ser-
vice," valued at 14e., the property of George William
Browejoha. There were several other indictments against
the prisoner.
Not any:evidence was given beyond Shaul; stated that the
prisoner had under a variety of different names gone to
places where apartments were to let, and making a variety
of statements of her respectability, put the persons off their
guard, and taking advantage of it, had stolen whatever she
could conveniently lay her hands on.
The polies produced the record of a previous conviction for
felony at the Gloucestershire wises.
The prisoner was sentenced to ten years transportation.
Dimas TIM COMMON BILIUZANT.
COMMITTAL OP A WITNEPA.

Thomas Rasaky, 19, 'leiter, was indicted for stealing
two pairs of spurs and other articles valued at 145., the pro-
perty of Musgrove Lamb.
Mr. Robinson defended the prisoner.
It appeared that the prisioner had been in the service of
the prosecutor, a gentleman living at West Drayton, from
whese Louse the property had been taken ; and prisoner was
detected by the police selling one of the spurs, which was a
i silver one, at a silversmiths in the district, to whom he
stated that he had bought it from a fellow-servant.
A respectable looking man named George Ransley, a
gluier, and an uncle to the prisoner, was called and gave
him a good character for honesty.
The jury found him Guilty.
A former conviction in this court in April, 1849, for
felony was then produced against the prisoner.
Mr. Robinson said, had he been aware of that, he should
not have called any evideace of character.
The Common Berjeant sentenced the prisoner to 12
menthe' imprisonment, and having called up the uncle, asked
him if he knew of his nephew having been convict. d. The
uncle said he did, but the prisoner had behaved himself
honestly for sometime whilst in his service.
The Common Serjeant—Then I shall commit you Into
The witness, much to his surprise, was then taken into
custody, and removed through tee dock into the jail.

CHARON OP DEPKAUDING TIM GLOMS INSIALANCI
COMPANY.

In the course of the morning the grand jury, amongst
other bills that they brought into court, presented iii true
bills for felony against Walter Watts, the late (loth in the
Glohe Insurance Office.
The ether cams dup nod of during the diy did not possum
sufficient interest to merit a report.

MIDDLESEX SESSIONS.-YESTERDAY.

BOOR/ MR. MISJEAMT ADAMS. ANA • SEMI' or M•UISTRATISS.
AN INVETERATE THIEF. _

George Smith, a sharp tasking boy, 12 years of age,
pleaded Guilty to an indictment, charging him with stealing
front the person of Ann 61mby r. purse and 17s. 6.1.
The prisoner's right arm was in splin:s, it having been
broken about three weeks ago, and it was a singular fact,
that the prisoner picked the pocket of the prosecutrix, with
his left hand, whilst his right arm was in the state described.
It was stated to the court that the prisoner was a member
of a highly respectable family, his father having been exten-
sively engaged in liminess as a shipowner, and several of his
relatives were well knows in the naval and military services.
The prisoners real name was Walfard, and a gentlemen
named Sharp, a friend of the family's promised to get the
prisoner sent to sea forthwith, upon the iipitation of what-
ever rentence the court might pronounce. The prisoner had
already been one voyage to the Baltic, and bad it not been
for this occurrence would have sailed to Indio last Thursday.
Mr. Hector Rose, a magistrate, said he could net see the
utility of packing thieves off to sea. What good would the
prisoner derive from going on board ship with the character
of a thief ? Ho thought the prisoner ought to hove a down
right good flagging in prison.
The learned Judge said he disapproved of flogging, espe-
cially in the ewe of a troy with a broken arm.
Mr. Pownell thought it would not be right to order a boy
to be flagged under such circumstances.
Mr. Roae.said, when they were at a loss what to do with a
thief, it was said, " Oh, send him to sea." He knew what
sea service mes. end he knew the a ship was the worst pos-
sible place fora thief to go to. Ile certainly thought the
prisoner ought to be well dogged.
The Judge—But consider, he has a broken arm.
Mr. lioste—Oh, I would'nt mind if he had two broken
arms, or a broken head, for the matter of that. lie decidedly
ought to be flogged.
The learned Judge then sentenced the prisoner t 3 one
month's imprisonment, directing that at the saturation of
that term he was to be given up to Mr. Sharp.
A WHOLESALE TN LEW.

Maria Lila*, 17, was convicted of ate:ding a purse con-
taining money, the property of Tnoins4 Baker Knott, from
the perron of his wife.
When the prisoner was apprehended, ro lens than seven
purses, all containing money, were found upon her.
Sentenced to seven years' transportation.