The Express.
London, England, 1857-10-19 00:00:00

X 1771190 11011111 MITTICTIOIY.

At the Middlesex Sessions on Saturday an
appeal by Chula Thorp, formerly of 124, Jennymetreet,
now of the White BOW. Pincaddly, wee heard, against
• conviction for keeping a betting houw, under which he
wee sentenced to two months' hard labour la the Howe of
Correction.

lit:liodkat, instructed by the Solicitor to the Treasury,
'mired to support the Mr. &Om: Misname, 1
t apps Mr. F. H. Loma, lattroated by ltr. 5. B. Abrahams,
for he iliat.
In opm.Mg tho owe, Mr. Bodkinssid the legitimists haring
mood am am to tweedy the mile moulting limo the betting
hover, which orris so much complained the gemumat
bad felt it to be their duty to rapport the marbake now
tragainst, particularly so the applaud bed bsea
eled convicted of the smut Mimi*. Upcia the seldom be
thought there could be no doubt of the propriety of the cot.

Ithpector Webb of the C Division, stated that on Use 4th
of Hey he watched the hotter, 124, Jertuyn-atrest, them in
the occupation of the wpellant, by whom the shop door was
opened about ten In the morning. Front ten to eleven 20
=nentered and mine out; from eleven to twelve, 78 ;
r:reles to one, 90; from one to two, 28; from two to
three, 44. The door was closed at the latter hour,
bat at four several persona knocked, and the appellant let
thin is. The total number wee 268, end many of them were
haws to wham as betting um He saw the appellant at
the window trakeng entries Is it book, end while he wee doing
so he was earroenied by pwaces wham whirr had seen to
go in. They bad Meth In Ark hoods, At WI-peg seven
in the area .ng he west whh the serednindeat of the C
division to the henna sad en enlerlog May hod Ave persona
in front of the her, open which Mood sone dernatere of wine.
The appal:lent wee ballad the bar, end hewing their
terinew—they hod a werreat—he iorrhd away through a
leek mem, sad veld set be edlerworde toL The Are
parsons Rassallag In front of the ben were scorched end taken
to the statkerhothe. Ow seerchlag the bar he found copies
of telegraphic meows, relating to races, and memoranda
of the were kind. Ina roooten on the are floor he found •
containwi figures titg entries
Th.raobn,o.end the H
wen ams of hors;
betting men, and the appellent Ind bees there lone yen%
In croes-ezataination he said he could sot suer that beta
were =de.

Veorge Draper, 326 A, deposed to going into the howls In
plain clothes us the 4th of My. A prow thine wild,
Where the paw about Lterington r Appellant rid,
"6 to I." The inquirer mid, •Cu you sot mare than
tint r to which Tharp may, " yes went to back
hke I'll give you 6to I." The person to.. pat down •
sovereign, sod Thorn wade an entry In • bosh. Tin ma
gar *visor of William.

Jaegh Cm, I;tiia constable of the Dateline, gpsweeimilar
lestimowy. He saw a bet made of 4to 1 agaimt a home
Whit Tmbit, and on eaten the odds againat horses
kr do Chester Cup Thorp told him 3 to 1 against learatag-
kw, 10 to 1 Van Lunch, 20 to 1 Zig Zee. Thorp offered to
by 30 against the Met named.
The mat whims wee Superintnident Hannant, who de-
posed to thaappelleat escaping, when informed of the nature
et his Thaltle his home.

as elderl-ng man, wae ne He
sad hewaged as bowy wlookiho was to pay ids xtcalled.
before
he was bora. Belled been kept inform four deye, end him
won 13s. Id. • day.
Hassan said the witness limiest Boston,
ist and they went there to serve him with a
sabusaa, bat they found he was in town; so when he wee
sowed he only received a shilling with the gobbet.
Mr.lßodkin told the witness that the Solicitor to the Tres-
Nary would pay all proper and reascsable expanse.
Witness= Well, give me hie addreu—but mop—l don't
bow any Solicitor to the Treasury, and before I begin I
weal my expenses.

Mr. &id kk—Yes will And " Solicitor to the Treasury,
whitaa," on the leek of roar subrens—let me see it.
Witssea—Here It k, but here's wnting on it of mins which
I don't want you to use. We the item of my expense.. I
want the =day, sic that's my ticket. (Laughter.)
Mr. Bads, to the trench—Sir, here la a witness before
you, whose aired remenable expenses are gsarsnteed by
the Solicitor to the Treasury, and tf he reheat further to give
W evident*, I shall ask you to commit him.
Wittier—Well, rather than be committed I'll begin, but
the Queen ta better ebb to pay my experiere than I am to
lees them. Iw " had" once before in a hove. case. I was
summoned thirty-seven miles, and wee only laughed at alter
all. I don't mean to be laughed at again Rice that.
o.Zgiant Ballantine—lle does nut appear to have much
in her Majesty's Treasury.
Witness—Nut a bit, all the confidence I've got la, that
rim confident I amen to be paid. (Load laughter.)
The reprementative of the Solicitor to the Treasury here
dipped op and handed the tonne. If., with which he seemed
very wail contented.

He then deposed—l am no trade or basilic..., bat live on
a little property at Dorton. In May last Thorp bid we a
bet of 60 to 2 that Blink Bonny did not win the Derby and
Oaks. I won the het. It wee made at 124, lormytistreet—
just at the door. I need to go there to make bets. When I
said him for my money niter Blink Bandy had won the two
rum, he said be could not pay as the police had taken his
books. I produced my own book in which he had written
hie name to the bet, but he did not pa y me, nor has he yet.
He said I must wait. I have paid him altogether 231. for bets.
Cron-examined—l was onee a Winer, but failed. I never
had eleven days through falsely stating that I was an In-
ejector of weights and measures. I wee once at the ageism
eleven days, but I do not know, and never did rightly, what
it was for, but this I know—l was acquitted without the aid
of either counsel or solicitor.

Serialist Hallantins—That • a libel by inference upon the
entire profession. (Much leughta.)
The witness added that he went to the White BOW the
preceding evening end ow the appellant's solicitor. He
did not may he would stay away hem the court if DN. were
given him, but he mid if Thorp would pay him the amount
of his bet, he would be out of the way—why aksould he not,
he said. He had no ill-will against Thorp—but ho wanted
hie money, for all that.
fleryeant Hallentine—Ton are from the north, ars you not ?
Witnare (winking)-1 should "ay I was., a bit. (Much
laughter.)
Mr. Boca, rat* collator, proved that the door 124,
Jamytestnet, wet rated in the defeadaas name, sad that
be paid the nem.
Xr. dergesat Halkatine, in his address to the beach, said
he mad coda that be looked to the result of the in.. with
deep misty, fraught as it was with the meet vital import-
sate to the appellant, who, if the conviction were
woad have to undergo the severe sentence of twol:6
hard labour in a felons' gaol, upon • charge not supported by
the best_ prod which the government could have addwed,
sad which warn not surrounded by any flagrant or aggravat-
ing clasunstanoro. He wee add:aging the bench se • court
eflaw—he should also eddies. than a. • jay end while
they would decide the law of the caw, he ebould 'ark them to
give the appellant the beneet of any doubt he might be
side te rase in their mind. ae to the facts. The •
astate under which this conviction took place wee
cos of s ldglitypenel nature, and moat therefore be strictly
senstimsd, sad the appellant wo justified in resorting to
Wmoms sad argument to extricate hiuitaill from the
ia which be wee placed. The conviction, he contended,
wee net draws up according to the evidence it wee made
span The words of the statute were, " Any person being
the occupier of any honey rooms, office or other plea,"
this ocomriction was for "a certain holm." Now it was
clear that the proacutor had the right to eleet, and the con-
viction ought to have been for • room, for the evidence MIS
that h was in a room that the betting took place, and where
was the strictly legal and conclusive evidence, that ouch room
was in actual part of the house of which Thorp had
boa the occupier ? The conviction was foe "a house," the
evidence applied only toe room or shop which might be die-
thiet team the appellant's house. He must admit that there
WY NO grave question upon fats ; hut in such • penal mat-
tes every point must be scrutinised most strictly. Where're'
the evidence that Thorpe house was need for betting, NI the
conviction alleged. Persons went there for other purposes ;
and if even betting had been going on there wee nogreee crimi-
nality on Thorp's part—hut he had been selected from •
crowd. The same thing was done in higher choose, who
wen left nnecet bed and indulged in this vice with impunity,
while a person lido Mr. Thorp was to undergo the severe and
Swale punishment of tieing sent to socelate with felono in
a COMM ga 1. He eubtoittod that there wee a link wanting
la the eau on the part of the crown, which was fatal to the
ecavietion. . _

Mee add the brach were tutaaitootudy of opinion that
the movie** wee good, and must be cootinued. A. to the
least worst of the teamed smelter, he would Ray that if
:rots het
hltio.u:ep,urd u
on isteLa portion in it, for flu
houas :rim:posthia e:
amain of the statute..

The apPellani;;;then taken into custody to serve the
sentence.

WINTER EXIIIIIMON or POULTRY AND PIGEONS
AT TES Car PALACIL—POODIT aad pigeon tandem
- M hot that tb. Crystal Palace Company ham
10 held their winter show awl, in January next.
A. 7— eiguktioss eni salksdales of prizes are on the rem*
Mersa sash as led
_year, sad are now ready for delivery on
to the tory, Mr. Williore !Leighton, at the
Pdaa. Wesaadsretsed there to Corry prambility of •
capital 'hew, r Mido of all ages are edmimble,

. -. •
01ITITAL POLACI. ON{ 81tILLINO DAL—.
SATVILDALT, OCfOllEk i7.-.-AdOlide{oll6 on payment, 7,608
ditto by Rayne Helot.. 1,908; togal. 9,000.

PRINTERS' ALMSRDTSES, WOOD-GREEN, TOT-
-To consequence of the foundation of the &bid
&nick of fit. Michael's, Wood-green, baring glees. way,
Imadarlag It dangerous to continue the celebration of Urine
car One imillarita roof, the churchwardens appialed to the
tame= sod smaimittee of the Printers' Almshouses, adjoM-
kagß Mleihaef a Church, for percuicaion to celebrate Divine
Melia la the beard-room of that institution ditrdrinzlthe eat
taw mead* Parsilasios Ina cheerfully acne aad the
lest NMI@ Iftle held there on the day of witional wain.
tom, aa Adel occasion 6/. wam collected slow a sermon by
the Zee. T. Whiter. The terrines hare since been con-
tinued Mee face Sunday.

, -
A RAAB CLERICAL. Pm:K.—One of tie best
th• church of England—the nary of Stoke-upoa-
IPlalkadiatir•—hea become vacant by the death of thu
PIM W. Tauliare. It is worth upward. of 3,0001.
yew. Time an oily two Habeas fa dr church which ex-
alt this le anweal valve, cis., the rectory of Starthopr, Dor.
ar=rog•
idet e.
h 5,0081 • year, and the rectory of Ikatniton,
villa le worth awl, 8,0001. • year.