The Sun.
London, England, 1852-10-19 00:00:00

THE SUN, LONDON, TUESDAY EVENING, OCTOBER l9, 1

LAW INTELLIGENCE.

COURT OF CHANCERY.—OcT. 18.
(Before Sir R. Kindersley.)
His Honour sat at twelve o'clock in the Council
Chamber of Lincoln's Inn Hall, pursuant to notice, as
vacation judge, for the purpose of hearing aud disposing
of motions requiring to be heard before the general
sitting of the Court in Michaelmas Term. The business
befdre his Honour was of an ordinary character, being
confined principally to motions for leave to file claims
and other interlocutory matters.

COURT OF BANKRUPTCY.—Oct. 18.
(Before Mr. Commissioner Evans.)
IN RE RANDALL AND DICKS.
The bankrupts were leather•cutters, in Greek-street,
Soho. This was the certificate meeting. Mr. Fraser
appeared for the assignees; Mr. Taylor for a creditor;
Mr. Lawrance for the bankrupts.
His Honour said the bankrupts' expenditure had been
excessive, and that the justice of the case would be met
by a suspension of their certificates (second class) three
months.

POLL CE INTELLIGENCE.

MANSION-HOUSE.—John Gerard, a person of res-
pectable appearance, was brought We s it R. W. Car-
den upon the charge of having obtai, tinder false and
fraudulent pretences, 140 tons of icor value 3001. from
the London agent to the Coltness ; on Company, at
Glasgow, Mr. Lewis appeared for tt prosecution, and
Mr. Morgan, of the firm of Humpherys, Morgan, and
Co., for the prisoner.
Mr. Lewis, in stating the case, slid .he prisoner had
made ingenious efforts to make the transaction appear to
be a regular commercial dealing; but, although expe-
rienced, as it would be proved, in rather sinister ways of
trade, he had made a mistake, which would fully and
legally subject him to disagreeable consequences.
Mr. Archibald M'Nacht said—My office is at 54, King
William-street, London-bridge, and I am agent to the
Coltness Iron Company, at Glasgow. In August, the pri-
soner, accompanied by another man, called at my office
and asked me the price of pig iron. I told him the price,
and that my terms were cash on delivery. I do not really
remember what the price was then, for it was then
somewhat variable, but in a day or two afterwards he
celled again and told me he required a great quantity to
be executed, that he had received some heavy orders
for girders and castings, and he wished to know
when I could deliver the iron to him, and at what
price. I said I had 60 toss in the river, and
that he might have them at ses. Gd. per ton for cash
on delivery, at his works, which he said were the
Pheeeix Iron Works, Hackney. situate on the banks of
the canal, easily accessible by barges, He was to pay
the canal dues, and to pay cash en the delivery of the
iron. I agreed to let him have the 60 tons at that
price. On the evening of the 27,h the 60 tons were
delivered. This is the receipt signed by him. The
prisoner called the next day ani gave me 501., stating
that he could not give me any more that day, but iu
two days he would bring me the balance. He had re-
presented to me, on the first dayl saw him, that he was
an iron founder, and that he required the iron to exe-
cute the orders be had received for the girders and
castings. I heard that a person named Paten, who
had the character of being an industrious respecta-
ble man, kept works in the neighbourhood, and a thought
occurred to me that the prisoner was a partner in that
house. When he came and ptid me the 501. he said he
had such extensive iron orders ho would like to buy
some more iron as the market was then advancing. I
then dui gained with him for 60 tons more, at 6d per
ton lees, he sending his own barges for it. On the 2d
of September a note came to me for the delivery of
the second order, and the iron was accordingly deli-
vered.
Mr. Morgan submitted that there was no false pre-
tence used by the prisoner, and there could be no
pretence for detaining him.
Mr Lewis—l contend that he has obtained the
goods under false pretences. Ile pretended that he
was the owner of the Phcaaix Iron works, and that he
wanted the iron for girders and castings, and I am
going to prove that instead of being the person he re-
presented himself to be, and wanting the iron for such a
purpose as be stated, he is a convicted thief, and that
he sold the iron immediately after he received it fcr
considerably less than he was to have paid for it.
Sir R. W. Carden said he knew there were sometimes
considerable difficulties in proving the sort of false pre-
tence which even lawyers argued to be indispensable to
the making of a case. He would be guided by the whole
of the evidence in support of any charge of the kind, and
if he thought it right to be submitted to a higher autho-
rity. he would not hesitate to act accordingly. ,
The witness proceeded—Befeee the 16th of neptember
the prisoner came to me and complained of the quality
of the second lot of iron. He said that it did not run
well, and that it did not make good castings. On my
demurring, he said there were one or two little founders
in his neighbourhood who could not efford to buy more
!hen a ton at a time, and they made the same complaint..
lle then wished me to send him 20 tons additional of
rafter iron to mix with the other. On the 16. h, the 20
tons were accordingly delivered. He sent his own
barges or lightermen for it.
In answer to questions from Sir R. W. Carden, the
witness repeated the reasons by which he was induced
to part with the iron, and then proceeded thus:—I have
been to the place which he represented as the Phceaix
Iron Works. I found there a little room, fitted as a
counting house, 12 feet square. Tnero was no foundry
or works there belonging to the prisoner. There was
no factory for working castings there. When I found I
was defrauded, I went immediately to the police. I. bad
back some of the iron forcibly on the the 20th of Sept.,
and I have been since that time endeavouring, with the
police, to find out the prisoner.
Sir R W. Carden—Did he tell you whether he was
casting iron at the Phoenix Iron Works?
Witness—l understood him to say so; but I cannot
positively swear that he did.
Sir R. W. Carden—Did he tell you he had a foundry
there?
Witness—l understand him so.
Cross-examined by Mr. Morgan—l knew nothing of
the prisoner before be celled upon me about the iron. I
wrote a letter to him in consequence of a letter he wrote
to me about the price of iron.
Here the letter was produced. It was addressed to
the prisoner, es the manager of the Plisa.ix Iron Works,
Rose-wharf, Pritchard's-road, Hackney.
Sir R. W. Carden said he considered the letter just
produced was quite enough to fill up an important chasm
in the evidence.
Mr. Lewis immediately impounded the letter.
Witness—The prisoner was not anxious that I should
take back any of the ircn. There is an iron foundry in
uflact kunr;wr at Rose-wharf,
the prisoner about
the neighbourhood of the prisoner's premises, but the
owner of it indignantly denied that he had any con-
nection with the prisoner.
,
Jason Jonathan Rowe—l am a charcoal burner, and
pi r
roint
eh
f onanr dde,
sr. d.
'r
rs black
three months. I let him the premises. They consist of
part of the wharf, a sled, and a room for a counting-
house. There was no foundry at that spot. He told
me he took it with the view of building a foundry
there. During the whole period he had the pre-
mises he did not work any foundry ; and there
was no place for castings or girders. I knew the pri-
soner when some pig iron was received by him, and I
was employed by him to sell it. I sold it to Birch, to
Simpson, to Wood, to Sherwin, and to Manning,
I got
i
for some of it 485., and for more of t higher prices; and
I was to have five per cent, commission. I sold for
ready money, and the prisoner collected it.
Cross-examined by Mr. Morgan—About the 3rd of
September I was requested to dispose of another sixty
tons of pig iron by the prisoner. One of the persons
who bought the iron of me said that he should be glad
to get back the money he had paid for it.
John Carpenter, sergeant of the 11 division of the me-
tropolitan police—l know the prisoner about two years
and a half. He has not carried on business as an iron-
founder within that period. He has been part of that
time in prison, He was in my custody on the 19th of
October two years. He was apprehended at Hurlton
fair for picking a lady's pocket of three half-crowns.
He then absconded till January the 9th of this year,
when ho was taken into custody, tried, and convicted at
the Central Criminal Court, and sentenced to three
months with hard labour in Maidstone gaol.
Mr. Morgan said, that whatever might have been the
previous conduct of the prisoner, the matter which
formed the ground of the present charge was evidently
intended as a cash transaction.
Some of the officers in attendance said there were
other charges of a serious nature against the prisoner,
particularly one for having obtained 4001. under false
pretences.
Sir It. W. Carden said there was quite evidence
enough to justify the remand of the prisoner, who was
accordingly ordered to be brought up again in a week.

GUILDHALL.—JoIoa Brown, an old man, aged 76,
a corkcutter by trade, was charged with attempting to
hang himself.
Mr. Johnson, landlord of the Twelve Bolls, Bride-
lane, stated that the prisoner, for the last fortnight, had
been at his house, where a society for the relief of cork-
cutters
was held ; and on Sunday he was informed that
he had attempted to hang himself.
James Boyce said that he was living in the same house,
and on their going to bed he had observed some strange-
ness of conduct on the part of the prisoner, which In-
duced him to watch him, and he saw him roll up two
handkerchiefs, tie them to the roller of the jack towel,
and attempt to hang himself.
It appeared that the prisoner bad served in the 92nd
Highlanders for fourteen years, but had since been
working as a corkcutter. He was now very infirm, and
it appeared that he had been induced to attempt his life
by distress. He was remanded with a view to his being
passed to Scotland, his native country.

••••..... r

a messenger in the private bill department of the House
BOW-STREET.—Thema Mitchell, for many years
of Commons, was brought before Mr. Henry upon a
warrant charged with stealing a quantity of stationery.
Sergeant Thornton, of the detective force, stated that
he received information respecting a quantity of sta-
tionery, used by the Government short-hand writers,
which had been exposed for sale at a !bop in the Lon-
don-road. On inquiry it was ascertained that it bad
been purchased of a Air. Parkin?, 2, Church-street,
Millbank, to whom it bad been originally
.sold, with a
quantity of waste paper, by the prisoner Mitchell. The
sergeant now produced a certificate to account for the
absence of Parkins, the most material witness in the
case, who had been prevented attending by indisposition.
Mr. Robert Chandler, of 50, Thurlow-square, Old
Brompton, stated that be was principal committee clerk
of the House of Commons until April last, and knew the
prisoner well. He was a messenger attached to the
committee, and his income was 30s. per week, and 301.
at the end of each session. He had the custody of the
ruled paper used by short-band writers, but he had no
authority to sell or dispose of it in any way whatever.
In cross-examination by Mr. Lewis, the witness stated
that he had always entertained the highest opinion of
the messenger, who bore an excellent character, and was
a very good husband, for he happened to know some-
thing of his private life also.
Mr. Lewis believed it would transpire that the pri-
soner was actually the first person to give information of
the robberies which bad taken place.
Mr. Henry inquired if this was the case?
Mr. Chandler—He came to me on Friday morning
last in a state of great excitement. He seemed too over-
powered by his feelings to express himself. He old me
that some ruled stationery had been taken away, by
mistake, with some waste paper, by which it was covered
and concealed.
Mr. Henry—Was it known, at that time, that the
robbery h.ld taken place?
Jarman (who attended as cleric from the Trea-
sury) said it had been rumoured for acme time past that
robberies had occurred.
Mr. Lewis would ask Mr. Chandler if it was not cus-