Northern Times.
Liverpool, Merseyside, England, 1859-02-28 00:00:00

ob.),
Mr. Fenva

has surrendered

counsel he-has a motion to make to he court.
Until he has pleaded, he is not beton

the court, and I cannot bear.you.
Mr. Temple: I submit that he is before the court..
Mr. Fenwielc: Being before the,court, and before he
grter the bill was found by the
cued with a notice on Thursday
,as now appeared, and I apprehend that
.to is required to do. The motion therefore is,
the first intimation he had of these proceedings
.:mg on Thursday night, he has not had time to shape
his defence, or to collect his witnesses, therefore I have
to move that the trial be postponed.
The Recorder : That may be very good grounds for
you moving for the, postponement of the trial, but I do
not see why he should not appear and plead. •
Mr. Littler : The trial cannot be postponed until he
has pleaded.

plead, I have to say ilia

grounds why he

It was well known that there was
neat feelingin Liverpool on this question, and with
eot. to the court, the defendant could not
Therefore,, it;was his intention to
lAave the case tried in the Court

S
all- due r
havt

fair trial here

move•tor a
of Queen's

tion of this court

should

L then he would be out of the jurisdic-

That is no why he should not

call upon him Co plead:.
I object to his pleading here.. Why
I. he intends to take the case out'of the

its court

iuflicient for him

io plead in the Queen's Bench. .
The Recorder : I shall call upon him to plead now.
The indictments have been found in this court, and I
shall call upon them to plead in this court, and unless he
do so, I shall immediately have bench warrants issued to
make them. . .

Rfr. Temp

I hope you will not decide all tha cases,

until you have heard ivhit others have to say.
shall call upon thermal' to plead
Sat I have other reasons to tag

dgmenis on t

lecorder I shall call upon the defendant to
id unless he do so, I shall take the course of

Issuing .a Bench warrant
Mr. Fenwicl
to plead

Such being the case, I shall advise him

Crhe Clerk of the Peace then read the indictment,
which contained several counts, and was to the effect
that, on divers. occasions, the defendant had permitted
men and women, of ill name and ill fame, -to• assemble in
his heuse, where they had used disgusting and obscene
oage, and put themselves 'in obscene positions, and
." conduct had created a public nuisance.]
• How do you say —Guilty or

the Pea

Not Guilt

THE HOP IN BOLTON-STREET

1 on

for a similar of
)biect to Mr. B.

li William

yon can

can be prejudicialby

of that an

'or me to take, a-nd that is to call

If they do not, I shall be placed i

y lia;te found bills of indietinen
nothing on them. I will take ca:
legal shall be done. IdO not se

ing, that - any injuStice can
forwards. • I shall therefore
Dad; and if he do not, I -shall

:I a sirnil

fiat the defendant has pleaded, I
, . .
r, vie that the trial be postponed until the next
mt be be furnished with a copy of the indict-

teg of t

Lft pOsition

mod with

of Queen'
-on sure you wilt e

to hay

the case

indiee titj:re is in Liverpool against.
, it i 3 finite clear that the defendant
ial here. He will then know the
I brought against him, and will
I shall also wit to have. him
Ignisanee-to appear here or e 1

Then I \Nil

; there are eight othen
hear all their pleas, a
I do not siirs t 1

objection to the postpone:,,„_
But let us go on, I ni

g, IN LDI

called Emilie Barad,

In the indictment tile -mum.

sit the court, to allow me to amend

the plea imMecliately. •
Mr. Temple : Apd I shall object to it. The proper
time to apply to amend is -on. the trial. I shall not

allow my client to plead to that. You call that name,
the name in the indictment, and no person will answer.
Mr. Simon : You are here on that name, and I will be
responsible myself if the indictment is amended.
The Recorder : But I cannot take your responsibility.
I object to the indictment being amended.
Mr. Simon : I was in error ; it can only be done at the
trial.

Mr. Temple :- You can call the name, and no person
will answer. _ _ _

The Clerk of the Peace then called Emilie Baradon, but
no person answered. .

Mr' Simon : I shall apply for a bench warrant against
him immediately.
The Recorder : I shall see that justice is done in this

THE PARTHENON IN GREAT CHARLOTTE-STREET,

The next case proceeded with was that against Mr.
John George Stoll, the proprietor of the above establish-
ment, in Great Charlotte-street. The defendant appeared
in person, and pleaded not guilty.

THE AMEILICANHOTEL, LIME-STREET

firs. Ann Wickham, the widow of the late Harrison
Wickham, the proprietor of the above hotel, also
appeared in person, and pleaded not guilty.

THE LIME-STREET FRENCH SALOON.
Matilda Colbut," better known as Madame Fische, and
Herbert Templeman, were next called. The former
answered in pe.rsbn, and pleaded hot guilty.
The Clerk of the Peace : Where is Templeman ?
Madame Colbut : He is abroad. He went away a few
days ago.

Mr. vSimon : I shall apply for a bench.- warrant for
him, as I understand he was in Liverpool when the
notice was served. Where is O'Brien who served the

Inspector O'Brien was called, but he did not appear.
Mr. Simon: Then he had a right to be here to prove
the notices.

The. Recorder : We cannot go on with this case, as
we do not know whether he was aware of these
proceedings.

THE BOLTON-STREET SINGING SALOON

. John Pulford and Eliza Bell, the keepers of the saloon
in Bolton-street, were next called, and appeared in court.
Mr. Deighton : Before the indictment is read in this
case, I wish to make an observation to .the court, for the
purpose of showing that it. really is not necessary for
them to surrender or plead, until they are put upon their
trial. This is an extraordinary proceeding, and one that
is very unfrequent in this court. The bill has been pre-
ferred by some private person, nobody knows whom, and
the grand jury find a bill, and then a notice is sent to
the parties by some private attorney, and they are called
to answer some charge, but what it is they do not know,
nor have they any power of knowing. All the evidence
is taken behind their backs, and they do not know what
witnesses will be brought against them. This is not the
usual way of proeeding, when persons are charged with
an offence, and I ask if they should be called upon to
plead to a charge, when they do not know what it is ? Is
it sight ? lam about to take an objection to the pro-
ceedings, and tushow that they should be set aside. They
have not received an official, notice of these proceedings,
and have no right to be present at all. They have not
received any notice from an officer of this court.- Some
attorney has sent them a notice, bat any person might
do that as a joke, and tell them that a bill had been found
against them.

-The Recorder : If any person did play such a joke, I
should punish them for contempt of this court, and that
very severely.

Deigliton : I submit that the offence should be
named in the notice, the same as it is in a bench warrant.
Now, let us look at the form of a bench warrant. (He
here read the precise form of a bench warrant, which
stated the nature of the offence committed.) I contend,
therefore, then, that the only proper course to proceed is
by a bench warrant, and that by these proceedings the
parties are not called upon to plead, as they will not be
tried add the next sessions. They ought to have time to
consider their, defence.

The Recorder : I shall call upon them to plead. If
they do not, I shall issue a bench warrant, and. then
compel them. • •
Mr. Deighton I shall advice my. clients not to plead.,
The Recorder : Then, as they are present, I shaltorder

_
them into custody.
Mr. Deighton: I shall certainly advise them not to
plead. - - -

The Defendant however answered to his name, and
they were both at once ordered into custody; the
Recorder directing that they should be. placed in the
dock, which was accordingly done. They '.were• then
called upon to answer the indictment, and pleaded not

THE SINGING ROOMS LIME STREET

Walter Thomas of the- above establishment; also
appeared in person, and pleaded not guilty.

ANOTIIER LIME-STREET- HOP

William Derry, the. proprietor of a dancing saloon in
Lime-street, was then called, and appeared in person.
He pleaded not guilty.

HOP 1N 'BOLTON-STREET

Henry Mandeville, the proprietor of 'a dancing saloon
in Bolton-street,' was then called, and appeared ifs person.
The indictment having been read aver to him, he said,
4i I am guilty of keeping the ,hop in thlton,street, and
that. is all I know about it.'!

The Clerk of the Peace then explained the charge in
plain language, upon which the defendant said, with
much indignation-, "I deny it sir," which was taken as
a plea of not guilty. . .
All the defendants having pleaded, the court proceeded
to consider the

ARRANGE3LENTS FOR FUTURE -PROCEEDINGS

Mr. Simon said : I am, with Mr. Littler, instructed to
prosecute in these ten cases, and as the parties haTe now
all pleaded,• I am ready to hear the applications that
their counsel may have to make on their behalf. •

Mr. Fenwick : I appear for the three defendants,
Bendano, Derry, and Stoll, and by my advice they have
pleaded not guilty. But on their behalf I now 'beg to
move, as the notice was not delivered to them until
Thursday last, and as they have not had sufficient time to
prepare their defence, that their trial be 'postpone4 until
the next sessions.- I also ask that they be furnished with
a copy of the indictment and depositions, with the names
of the witnesses, that they may be in possessimi of the
real charge that has been brought against them, and that
they may be in a position 'to apply, if necessary; for a
certiorari to the Queen's Bench. He then proceeded to
read- the affidavit made by- Mr.- Snowball, the attorney
engaged for the defendants, which formed- the basis, on
which the application for the postponement of the trial
was based.

The Recorder :. As to the postponeMent of the ,trial, I
think that a very reasonable request.
Mr. Simon : I think it very natural, and-I do nOt wish
to throw any unnecessary impediments in the way ; but
I must say that in this case I have not been treated with
the usual courtesy given to the proiecuting counsel. I
did not know, until a very short time since, that there
would be any application made on behalf of the defendants,
nor had I until the last minute seen the affidavit, when
Mr. Temple, at my reqUeSt, handed to me:

The Recorder : 'The facts were patent on the face of it,
and must come within your 'own knowledge. With re-
gard to the adjournment of • the trial Until the next ses-
sions, I cannot see how there can be any objection to
that, and as to harin,- the cases tried in another court, I
can only say that I shall be extremely glad if such should
be the case, and I do not wish to commit myself to any

prevent it. I can only
)001, I did not know a:

even that

hey would be brought before'the

heard of it by aeeident

Mr. Simon : I have no objection to the cases being
postponed until the next sessions ; but I think that I have
. _

'es of ti

e parties, when we consider the nature
harged—that of creating a, naiSance ih the

will be a continuing nuisance.
I will put it to the Court to consider
how we are brought here—at -a moment's notice, and
without knowing who our accusers are. I thereford ask
the Court that our own bail should be sufficient, for we
have in these proceedings been unfairly treated.
Mr. Sinion: I deny that the 'defendants have been
treated in a summarily manner. They could only expect
it ; and as far as Bendano'S case, he has frequently been
before the Magistrates.

1W Iy,

Mr. Penwick

TenylE

lobject to your stating that unlesS you

'der : I cannot hear that unless you file an

affidavit

Mr. Simon : I will not object to the defendants' being
supplied with a copy of the indictment, and the names of
the witnesses,. and their eiidence. Indeed, it Very
fair that they should have them. •
Mr. Fenwick:..Unless we do have :them, we are

y in the dark, and do not know what we have to

The Recorder : I do not know what you may think
right,
.but, looking at the position of the ,parties, I think
their own recognisance in £5O will be sufficient. Should
they not appear, your object will be served, e they. will
be banished from the town.

Mr.
end will not t

to be on one side
prosecutors will a