The Northern Daily Times.
Liverpool, Merseyside, England, 1856-02-13 00:00:00

not having surrendered,
og stared, that owing to the extreme indisposi.

o the defers

Lion under which Mr. Callow was labouring, it was with great
difficulty that he could be brought to the court. There
were three indictments against the defendant. The first was

for obtaining money under false pretences t rom Mr. James
Henry M'Kinnell, at Seacombe ; the second for the like
offence from Mr. W. Rathbone ; and the third for a like offence
from Mr. J. C. Ewert, M.P. The defendant pleaded not guilty.
Mr. Beavan and Mr. Brandt, instructed by Mr. Greatley. of Liver_
pool, appeared for the prosecution : and Mr. Welaby and Mr. Merge.
Lloyd, instructed by Mr. Bretherton, of Liverpool, for the defence.
After some delay the defendant was led to the bar, and surrendered
in discharge of his recognisances. On being seated, the Chairman
remarked, " The prisoner appears extremelyjill."—Mr. Welsby—
No doubt of it.—After a private conversation with the prisoner's
solicitor, the chairman said that from what Mr. Bretherton had
stated, it was very doubtful whether the prisoner was fit to
take his trial.—Mr. Welsby said there was no doubt of that,
for there had been very great difficulty in bringing him to the
court.—After consulting with ,his brother magistrates the Chair-
man said, It seems to me that It would.be cruel to try him
in the condition in which he appears to be. I'll tell yott
what we propose to do. We have sent for our medical man (the
surgeon t 3 the gaol) and he will consult with the medical man m
attendance upon the prisoner, and we will be governed by his opt-
nion.—Mr. Webby —I understand there will be several medical

gentlemen of eminence from Liverpool here very shortly—gentlemen
who have been in attendance upon Mr. Callow—and they can give
information as to the state in which he is to the medical gentlemen
whom you have appointed.—Mr. Trafford—lt certainly appears to
us that he is not in a fit state to be tried. The court then proceeded
cne ae
wished was
to again
withdraw calledtheh
his plea
of —M
notr. W
guilty, l sbt
yy thenand to
s a d
plead th agtw
lhisty
to the first indictment. On this, the Deputy-Clerk of the Pe a(-Ye on
an indictment charging him with obtaining money under fase
l . pre-
tences from Mr. J. H. M•Kinnell, and asked if he wished to
with-
draw his plea of not guilty and plead guilty, the prisoner, who rose
from his seat with very great difficulty, bowed assent. dri elsbY
then rose and said that he had already stated to the bench that this
was a case which would impose a very great difficulty on himself
pursued
and his learned friend with him, as to the course to besued
with respect to it. The court had already heard from the
medicalr
gentlemen that, In all probability, if the trial proceeded, the conse-
quences might be very dangerous to the accused, and probably if the
court, in its discretion, were to order the trial to be postponed, the
consequences to the prisoner, from the anxiety of mind under
vhich he was labouring. might be most dangerous of all. Although
great deal might be said not only with regard to the law of the
ase, but also as to the facts which, in his (the learned counsel's)
anion, would not bear tie unfavourable impression which had
put upon them, and which had Induced him to come to the
scion that the result would be favourable to his client; yet.
'nto account the condition in which the defendant appeared
'urt, and the nature of the charge against him, he (Mr.
thought it right to advise him to take the
_ate he was then taking. Having done so, it
-- was impossible
✓ him to say that he was not guilty of the offence with which
e was charged, although if the trial had proceeded, he should
a• e boen able to show that there were circumstances of very great
His learned friend (Mr. Beavan) acting with that dis-
retion which he always exercised in cases of that description,
Joking at the state in which the prisoner was, and at all the clr-
umstances of the case, did not propose to proceed upon any of the
tiler indictments; and with respect to one on which the prisoner
Headed guilty, did not ask for any extremity of punishment. He
rusted, therefore, that the Court, looking at all the circum-
-maces, would consider that the defendant, in a moment of temple-
had done wrong. and that the consequences of that wrong
,d reduced him to the melancholy condition in which he then
appeared before the Court.—Mr. Beavan said he appeared for
prosecution. and never being anxious unduly to press against pri-
teareteto him that under all the circumstances of the
dbe wrong to do so. He therefore thought the ends
old be served if the court were to pass sentence upon
prisoner on the Ind ctment to which he had pleaded guilty, and
then take a verdict of acquittal upon the other cases. Tho Chair-
man : The indictment is for embezzlement. Mr. Welsby ; No, it is
for false pretences within the statute, by stating that the weight
^•.tr than It actually was. Mr. Welsby then proposed to
• to character ; and afterwards, the medical
the Chairman, after privately consulting with
said they wished to hear the medical
witnesses. Mr, W. T. Callon, surgeon, of Islington,
Liverpool, was then called, and he stated that the
Prisoner was in a very bad state of health. Other medical
testimony was also given, after which the chairman stated that the
bench were unanimous in discharging the prisoner, on his entering
into his own retognizances to eppear for judgment when called
upon. The prisoner having entered into the recognizance, was
at epee discharged, and left for Liverpool with his friends.

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call witnesses