The Express.
London, England, 1861-10-24 00:00:00

In the Central Criminal Court yesterday, after
owr report left,
The crem.nanaiastice of the prowentris, Min John-
stone, was proceeded with. Mb* aid that when the sug,ms.
Sion was sande that the letters should be returned, the Ili..
weer did nie Well thetae should give him mailo written
paper amino* g a rearm why deo wished to have them re-
turned_ "h., elitist that she was quite sure that nothing
et the e.r. wok place.
ite-C1.141.111111 - Thu priareer wished me to continue to
write to hie in kind aced affectionate teems as lie said it
would wye him strength to gu on and to work with spirit in
his profe.sioli. I hurried the letters thu pri.oner had
written to me was in Italy. Before he went to
Italy he returned me some of the letters I had written to
him. The primmer was to have painted the portrait of my
sister as will as 1117 own, mad she generally accompanied
me to the prisoners studio. I had notliiuit to du with put-
ting the railway time-table into the parcel.
Mr. Patrick i`amphell Johnstone sail lam the brother
of Muss Frokaika Johosterie, and also her trustee and guar-
I remendier her show jog me the pin, I, and ciannauni-
catiug to me what had taken place Between her and the
pn. ono, and I afterwards wrote the letter to him that has
been produced, and received a reply from him, which Lae
been reed. I saw my sister afterwards, and she
showed me a letter she hail received fruits the prisoner, in
which he stated that he would gave her the letters if she
wished it. I wrote to the prisoner to state that the lady
wished to have the letters retitreed, and I received from
the prionser the other letter that has been produced. After
this I consulted ray solicitors, Messrs. Lewis and Lewis, and
them proceedings were instituted against the prisoner.
Crime-examined— I really do not know what stcp 1 should
have takeu if the letters had been delivered up. The last
letter I received from the prisoner was a most insulting one,
and written in the style that would lie used by a French •
black rd. No French gentleman, or any gentlenian,
would, in the case where the honour of a holy was con.
earned, say that he would tear up any letters that were
written to him. (Applause in court.)
Siergeatit Tanner, of the detective police, deposed that be
apprehended the prisoner on the 2lst of .tugust, under a
warrant which he remit. him. The prisoner soil be dal
not understand what the charge was about, 111111 witness told
him thst the charge that was made against lino was that he
had übtaiued nineteen IfftW notes from Miss Freelerixa John-
whose 'older the pretence that he had returned to her all the
letters that she bad written to him, 111311 instead of doing ea
he hail merely given her a parcel containing aline old hew.-
parwrs. The prisoner said that he had coniniitteil no fraud
at all, and he wished to he taken to Mimi Johnstone, in
order that the affair might Ile settled, but witness told him
that he would not allow this to be done, and he must '
take him before the magistrate who hail granted the
warrant Wieners thee asked the prisoner if he would
give him all the lady's letters that were in his pos.
session. and he said that he had not gut them, hat they
were at the house of a friend, and witness then said
that he must have them, and if they were riot given up he
should search the house. The prisoner then went upstairs
with him, and he produced sixty-three letters. IA know
inquired if those were all, and be said they were. Witness
asked the Kremer what he had dime with the mosey he re-
pima! from Mir Johnstone, and he said that be had spent
some of it, and ',dorm toll him that he maid give him the
amount that was left, and account fur the remainder. The
prisoner Corn handed to btu sixteen lOtif notes, and wit-
ty sakes! him what had kronae of the other three notes,
sad he sail that he bad expeoiled them in a manner Miss
Joltastene knew of, and he added that they were to have
been married. lie also said that he could not understate'
his being charged with any offence, that be had most cum.
mitt... Lou iinence, red that he never gave a parcel to Miss
Johnatorie at all, and he at the same time declared that
this was trite upon his honour as a gentleman. (A laugh.)
When he made, the semen:set, witaess said to him, Let
me understand do you ikey that you gave Miss Johustotie
*parcel it the Pantheon '7." The prisoner replied, " Yam I
do. I never gave her a parcel at all." The prisoner after-
wards said. " Slue Johnstone was to du soniething for um,
but I shall not tell you what, and thou I should have re-
turned her her letters." After the prisoner was at the
station-house, witness took from him a seal, upon which
there was the Mammies of a dove, and the real upon the
parcel appeared to be the Name.
Mr. Keane asked the whom whether be understood him
to say that be told the prisoner that he must account to
hem ter the reit of the mousy !
t Tarsier replied that he slid my so. Ile also said
that no search warrant when he searched the pris
soneesheuse.

/b. Keane said as this was the can he had acted illegally
Is auk* t►e search.
The Lord Chief Flares said he could not allow the chance
cif a police officer's exertioas being paralysed by a statement
goiag forth to the world than an officer was not justified in
seareliieg the place whirrs a primer was found who was
dossed with felony. It was trniuently met manual to
the ends of justice that this should be doer.
la avower to further questioss put in cross-eternise**,
the officer said that the primer refused to tell bins how the
egher US. ►ad been expended, but he did say that Mime
Johnstone wee to hays dune something, sod whes she bid,
her Inttens 'mkt have been returned to bur.
Evidence was thee given to show that the remising
three lOW. sots' had passed through the hauls at the pri-
soner, and this closed the ow fur the prosecution.
-•-

. -
Ms. Kam thin admitted that there war no are to go
to the jury. ind he urged sworn techniinl grenade in stir
pert et hairline's'''. Om et time was that Aber* was
rabies to show that at the time of the alleged Argun
between the primmer and M Johnstone the letters wets
i• hie i.•waMon or power.

The Lord Chief Harm overruled all the objections, and
with regard to the letter on. he said it was clear the letters
were in the possession of the prisoner very shortly after the ,
3ril of August, and it was for the jury to form a conclusion
ea to the probability of their Ming in his posserion at the
time when he engaged to deliver them to the preeecutrix.
Mr. Kesin then preceeded to make a newt able address
to the jury on behalf of the defendant. He commenced '
by ratio.: that it would certainly be a nihject of regret if
any person charged with a criminal °limns was not permit-
ted to lay his own answer to the charge before the jury who
were to be called open to decide upon his guilt or innocence,
and more particularly If that person was a foreigner
in the eh...realms be was about to address to them, be
wished the jury distinctly to understand that the dames
he should attempt to eel up was the prisoner's own defence,
that lie positively insisted upon it being made, and that
he dorm was responsible for it. In some cases it
was the ditty of an advocate to suggest what ap-
peared to him to be the best defter to be adopted
make the cireumstarices, but where a prisoner Masted upon
a particular course being taken, it appeared to him that it
wee no part of the duty of an advocate to interfere with
that desire, arid he therefore should merely state the
answer the primmer himself would have mode to the
charge. The jury would bear in mind that no use but the
prisoner and Miss Job name were aware of the actual cir-
0111211taltele connected with this triumactioo, and the pet-
1111,011n mouth was closed ; he had no power to make a
statement upon oath as Miss Johnetooe had, end all he
could hope to do wee through the lipe of his ad-
vocate to endeavour to satisfy the jury that the
fats were not as they hail been represented on the part et
the prosecution. anti that the whole truth hail Dot bees
told. He entreated the jury to diamiu from their minds
all the exaggerated statement, that had appeared in the
public lepers in reference to this ease, and he said that,
without making any remark that might he considered dis-
respectful to Mies Johnstooe, they could see with their
own eves that she was far from being • young girl, and that
no undue sympathy ought to he rooked for her spot that
ground. There could be no doubt that originally
there was a strong feeling of affection betimes the
partite, and he really was at a ices to comer,
what was the object of the present prosecution, if it was sot
for the purpnee of gratifying wane revengeful feeling, The
proseretrix bad got her letters beck, ehe had s:he
greater portion of her money, End what was the o of
prostrating the prisoner under such eireuntetances . The
pr enuer's yanks of the came was the same now as it had
always trees. He asserted that he did not give the presen-
t/ix any parcel es the 3rd of August, and that no bargain
was ever made between him aid the pros ulna for
the delivery of the letters to her, and he declared
that the mosey wee given him not upon the con-
dition that he should restore the proseoutno's letters,
but ea a compensation to him for her refusal to many
him. He submitted to them that, although the prone*.
trig had undoubtedly announced to the prisoner her dew-
mioation not to marry him, it wee clear that down alined
to the latest period of their intimacy she continued on the
most intimate and friendly terms with him, and that
the prisoner might very well have believed that she we
not in earnest in what she stated, and after the repented
acts of kindness he had received from her :It might have
felt justified in accepting this sum of money from
the pimicutrix as • compensation when lee discovered
that rhe was really determined not to marry him.
It appearetl to him abautd to suppose that the letter that
had been referred to were worth anything like 2,000/., or
that any such sum would he given for them. All they
amounted to was that it might be inferred front them that
at one time an intimacy of a very tender diameter existed
between the prisoner and the proseentrix, and he contended
that it waa much more probable that the prisoner's state-
ment that the money was given to him as • conipenestion
for the ahandoomeut of tho marriage was the truth, rather
than that it should have been given for the resto-
ration of the lettere. The tesesed counsel concluded
by stating that this was the answer the premier
Insisted upon giving to the charge, and if the jury believed
that it was the true history of the trimectioo, be wee ta-
ttled to an soviets] upon the present indictment.
The Lard Mei/ Barra summed up the case to the jury
very Wildly, sad hs observed that it appeared to him that
1M a:eyestalks fee their consideration was whether or
set believed the evidence that had been given
by Wm Johnston*. and ether the defence that had
here set up by the primer's arassel. this was the
say Wee lII* had to Ili. II was true the learned
emend hap slated Mei be did Dot desire to cast any
nee the sir eeetar of that lady, but
itubligave any credit to the suggestion that had hen
is behalf of atop/W.IM it was impmaible for them
le sem to any other conantion than that this lady had sot
solb twistedly fabricated the parcel in question, but that
she had also stoles the later out of the prisoner's studio for
the
sowose et bar to carry out her wicket dodge.
the sue, and the jury would have to
1.7 vildher =wed it or nog, With regard to