The Sun.
London, England, 1852-09-16 00:00:00

THURSDAY EVENING-, SEPTEMBER 16, 185'2,

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LAW INTELLIGENCE.

INSOLVENT DEBTORS' COURT, Sept. 15.
(Before Mr. Commissioner Law.)
IN RE CHARLES NORVALL.

This insolvent, a market-gerdener in the Vassall-
road, Brixton, was opposed by Mr. Macrae on behalf
of Mr. Francis, treasurer to Mr. Batty, the proprietor
of Astley's Amphitheatre. Mr. Reed appeared for a
person named Chadwick, and Mr. Sargood supported.
The complai▪
nt was that insolvent retained posses-
sion of a house belonging to the opposing creditor. It
appeared that the insolvent had not paid any rent for
the last seven years, and denied the title of the oppos-
ing creditor to the property. A considerable body of
evidence, both oral and documentary, was adduced.
Mr. Commi▪
ssioner LAW eventually decided that
Mr. Francis was entitled to possession, and ordered
the insolvent to give up the house by Saturday, or if
done, the other party preferring the
laaitm
their super
ior title.Mr- Reed appeared, must prove
tchwa,
fors nwotho m

IN RE EDGAR GEORGE PAPWORTII.
This insolvent, a sculptor and assistant to Mr.
Bally, the eminent artist, was opposed by two cre-
ditors, in person. The insolvent had been an unsuc-
cessful competitor for the Peel monuments at
Tamworth and Salford, and attributed his insolvency
chiefly to the expenses in
• preparing the models for
com petition.
Mr. Commissioner LAW adjourned the case till
Nov. 6, for the production of some evidence.
Bail renewed.

86
22

SURREY SESSIONS, Sept. 15.
(Before THOMAS PUCKLE, Bsq,, and a full Bench o

ornsoetaw Magietrates.)
EXTRAORDINARY CHARGE OF FRAUD AGAINST A
but
SOLICITOR.-^TRE FALLING OF A STAND AT EPSOM
RACES.
Thomas Russell, formerly a solicitor at Hammer-
smith,a prisoner confined in the debtors'
onger-lane Gaol, was indicted for
obtaining money under false pretences from Mr. Bar-
nard, the proprietor of a stand at Epsom Races which
broke down at the Spring Meeting, 1850, and
side of
severely injured Mr. Page, a publican at Northfleet,
he (the prisoner) falsely pretending that he was so-
licitor to the last named party, and was instructed by
him to settle the matter without further legal pro-
ceedings.
Mr. Robinson (with Mr. Charnock) conducted the
prosecution; and Mr. Hawkins (with Mr. Joyce) de-
fended the prisoner.
Mr. ROBINSON, in opening the case, stated that at
the Spring Meeting at Epsom, Mr. Bernard had a
booth, which, by some accident, fell in, and Mr. Page
was seriously injured. The latter instructed his
solicitor (Mr. Sharland) to sue for damages, and a
writ was served on Mr. Barnard, but shortly after
that the prisoner called on Mr. Langland, agent to
Mr. Barnard, and told him he was the actual soli-
citor to Mr. Page, and he was instructed to settle the
affair. lie at first asked 2001. as compensation, but
afterwards consented to accept of 121, which Mr.
Langland •
paid him, believing that he was actually
solicitor to Mr. Page. The fraud, however, was found
out on Mr. Sharland's proceeding in the next step in
the action, and the prisoner was apprehended.
After going through the whole of the proceedings,
Mr Charnock called
William Page, who said-1 am a publican at North-
fleet. In May 1850, I was at Epsom Races, and
met with an accident by the falling of Mr. Barnard's
stand, Shortly afterwards I was introduced to the
defendant, whilst in bed at Northfleet, by a Mr.
Patterson. I told Russell I was very bad, and he
afterwards visited me frequently with several friends.
He (Russell) said he was a friend of Mr. Barnard's
and Mr. Langland's, and that he would see them
and get something for me. I did not know then that
he was a solicitor neither did I authorise him to act
for me as one at any time, neither did I authorise him
to accept money for me as compensation. My attor-
ney in this affair was Mr. Sharland, of Gravesend.
In February, 1852, the prisoner called upon me and
said I had better let him proceed in the case, as Mr.
Sharland would never get me any money. That was
the last time I saw him then, but I afterwards met
him at Epsom. I had no knowledge of the action
brought by Sharland being settled for 121., neither
did the prisoner at any time tell me that he had re-
ceived the money-.
I never told him that I had taken
the matter out of Mr. Sharland's bands.
Cross-examined by Mr. Ileweeres—l am a publi-
can, but Ido a little in racing matters. lam not a
racing man, but I told the prisoner I was so, and
knew Barnard to be one, and that I did not want to
hurt him. I keep the Red Lion at Northfleet, but it
is not a sporting house. Abuut the latter end of May
Russell was introduced to me with several friends. I
did not converse with him at that time, he merely
asked how I was and left the room. He was introduced
to me as a gentleman residing at Northfleet. He came
several times afterwards with a friend, and mentioned
about the accident, saying that it was a bad job
for me. He said he knew Barnard, and could get
money from him. I thanked him and told him I
should be very much obliged to him, but I did not
authorise him to do anything with Mr. Barnard. I
received ultimately from the latter, through my so-
licitor, in money about 401. My doctor's bill was
between 81. and Dl. I have not paid it yet. I em-
ployed Mr. Sharland to bring the action in September,
1850, and Russell left Gravesend about that time. I
saw him the night before he left in my own house. I
had heard that Barnard had several actions pending
relative to the accident, but I did not know he was
about to take the benefit of the Act. I did not know
the extent of his liabilities, or his means. I did not
know what Russell was. He might have been a
sailor for what I knew. I made no inquiries about him.
as I never employed him. Mr. Sharland transacted
my business. In January in the present year the
prisoner came to me while I was having tea. He
asked me how Mr. Sharland was getting on with my
case ? I told him very slowly. Prisoner said, " You
will never get anything, take my word for it. You
had better let me manage the case, as I think I could
have got you something." I was taken very ill at the
time, and nothing further transpired. Mr. Sharland
had at that time stayed the action.
Mr. Sharland, examined by Mr. ROBINSON—I am
an attorney and town clerk at Gravesend. In July
or August, 1850, Mr. Page came to me very lame,
and consulted me on this action. I accordingly
issued a writ against Mr. Barnard on the 15th of
January, 1851. A communication was sent from Mr.
Barnard's solicitor, which caused me to stay the action
for a year. I never told any one of my costs, which
at that time, February, 1851, were about 31. I
served afterwards declarations, through my London
agent, when I received a communication that the
action had been settled and summonses were out to
stay the proceedings. _ I received 601. es compensation,
including my costs, afterwards from Mr. Barnard's
solicitor. We went up to notice of trial, and that
included all expenses. I knew nothing of Russell,
and never saw him until committed for trial. I was,
in fact the attorney, and no one else had anything to
do with the action but my agent in London.
Cross-examined by Mr. HAWKINS—I was in-
formed that several actions were brought against
Mr. Barnard, which induced me to stay the pro-
ceedings.
Mr. Mason, attorney, of Basinghall-street,
ex-
amined by Mr. CuArtNome—l conducted the action
in London, for Mr. Sharland, as his agent. I pro-
duce the documents and the Judge's order in the
action with the official seals. I also produce a re-
ceipt wiven by Russell, in settlement of the action,
for 121.
The latter was read by the Clerk of the Peace.
Mr. Mason continued—I attended before the Judge,
but previously I corresponded with Mr. Russell (the
prisoner), from whom I received several answers
promising to call upon me, and satisfy me respecting
the matter. However, he never kept his appointment.
The Judge's order was here put in, but
Mr. HaavreeNs objected to its being received, as the
defendant was not present when the order was made,
therefore he could not be a party to that.
A very lengthy argument both sides,
here ensued between
the Learned Counsel on respecting the
admissibility of the Judge's order.
Beam"i
The
decided that it should be admitted,
when the document was read by the Clerk of the
Peace. It was signed by Mr. Justice Parke on the
11th of February last, ordering: that previous
sammons obtained by Mr. Burnerd s solicitor, to show
cause why proceedings in the action should not be
stayed," should be dismissed with costs.
Mr. Mason resumed—Russell did not, on any oc-
casion appear before the
Judge, but after the order I
wrote to him, and received an answer that he was
authorised to receive the 121. and settle the matter
with Mr. Barnard. I afterwards proceeded to issue
a notice of trial. I then received 601. and paid it
over to Mr. Sharland in the usual way. On the 7th
of June, I was instructed to prosecute the prisoner by
Mr. Langland as agent to Mr. Barnard. Prisoner
never offered me 121., and I made no application
for it.
By Mr. HAWKINS—I saw Mr. Barnard when first
before the magistrate.
Laurence Langland, a builder, at Epsom, Was
next called. He said—On the sth or 6th of June,
1850, a letter was placed in my hands by Mr. Bar-
nard, purporting to come from the prisoner, claiming
compensation for Mr. Pege. I directed my son to
answer it, and I read it before it was sent by post.
An answer was received to that from the prisoner,
dated the 7th of June, threatening to send a writ, as,
he was employed by Mr. Page to do so. In Fe-
bruary, 1851,1 saw Russell at Epsom, when he intro-
duced himself to me, and said it was a pity the.business
was not settled. I said, " You are not the solicitor for
Mr. Page," when he replied, " Yos, I am." I said, " Mr.
Sharland, the town clerk of Gravesend, was the party,
when he replied Sharland was a friend of his, and
was doing it for him, and that the reason his own
name was not used was for motives of delicacy. ma,
sell also advised me to settle the matter, and at first

demanded 2001. as compensation. He afterwards
consented to take 121, and I got that sum from Mr.
Barnard and paid it to the prisoner, fully believing
that ho was authorised by Mr. Page and Mr. Shar-
land. Russell gave me a receipt at the time to that
effect.

Ccoss•exctrnined by Mr. I-lAwKINs—I did not build
the stand which fell down, neither had I any interest
in it excepting in assisting bina in attending to the
booth, and receiving a small portion of the profits for
my labour. Mr. Barnard attends all the races about
the metropolis.
Mr. HAWKINS—Did you not let off the ground
and your house at Epsom during the races to
gamblers ? Witness—l did not for many'years, but
I shall decline to say anything further.
Mr. llawKlNs—Did you not let standing room to
thimble-riggers ? Witness—No ; thimble-rig men
don't; stand at stalls.

Mr. HAWKINS—WeII, did you not make them pay
for moving about ?—(Laughter.) Witness—l object
to answer that question, according to, the advice of
my counsel.—(Laughter.) Russell was at Epsom
four or five days before he spoke to me. I had heard
that Mr. Sharland had asked for 2001., but could not
say when ; but knew the prisoner asked for 2001.
Rtr.7.11 said that Page was his "old daddy ;" but
Mr. Sharland was his particular friend, and did the
business for him. Mr. Barnard had several actions
brought against him by persons who never were near
the stand at all, and I told him to compromise them.
I refuse to mention the name of any such person who
received money as compensation, and who was not on
the stand. I said to the prisoner I was willing to give
him a ten pound note, but he wanted fifteen ; but was
willing to split the difference by accepting twelve
pounds. He told me also that the doctor's bill would
be very heavy, as the man had broken his thigh, and
was very seriously injured. He said the costs were
at that time very trifling, as only a writ had been
served. I should not have paid him the money, but I
thought he was authorised by Mr. Page and Mr.
Sharland, as he said the latter was his agent.
Timothy Barnard—l was defendant in an action
brought by Mr. Page, and I took the 121., and gave it
to Mr. Langland to settle the affair for me.

20%
102
1614
7%
5
• -

5%
146%
57
256
19%

By Mr.Kims—Langland is a friend of mine,
and is used to such work. lam used to agricultural
pursuits, and did not understand such matters. I
was present when the prisoner agreed to accept 121.
I have known him for many years at races. I gave
Mr. Langland a quarter share of Epsom Downs to
erect booths on. I give Mr. Briscoe 6001. a year for
the Downs, and I give Mr. Langland a quarter share
of that. I gave the instructions for this prosecution
to Mr. Mason.

208.0 d

173
15.1.0 d

Thomas Roxburgh, a pilot at Gravesend, said—l
know Russell and Pag.,. 1 went with the former to
the latter several times, and tried to persuade Page
to employ him, but he resolutely refused to have any-
thing to do with the prisoner. He heard the latter
tell Page that he would never get anything.
William Grayson, examined by Mr. Cu NOOK--
lam a draper at Gravesend. I have been in the pri-
soner's and Page's company, when the latter re-
fused to have anything to do with him. Russell
never said to me that he had settled the matter
for 121.

Price

By Mr. HAWKIN3—I did not hear Page say he
would be very much obliged to the prisoner if he
proceeded with Barnard.
Sergeant Kennedy, 25 V, examined by Mr. Ro-
niNsori—l held a warrant on the 7th of last March
for the prisoner's apprehension on this charge. I did
not find him out until the 6th of June, although he
had been advertised. I took him at Hammersmith.

Price.

Price.

By Mr. HAwKiNs—l inquired at Harry Broom's
and at Cross's, Windmill-street, Haymarket. I
watched that neighbourhood some time. At Ham-
mersmith he went by his own name, and when I
asked for him there was no attempt made to resist
me, but I put handcuffs on him. I generally do so
in such cases. I had no instructions to put the hand-
cuffs on him.

This closed the case for the prosecution, when the
jury left the court for refreshment, having been occu-
pied in this case four hours.
On their return to court Mr. HAWKINS proceeded
to address the jury for the prisoner, contending that
his client was innocent, and that he accepted the 121.
under the belief that he was acting under the instruct
tions of Mr. Page in his bedroom. The Learned
Counsel then went through the whole of the evidence,
commenting upon those points where the prisoner had
interviews with Page, and considering that he was
then authorised to settle the matter with Barnard.
He (the Learned Counsel) firmly believed such to be
the case; therefore he should leave the case in the
hands of the jury.
Three persons were called to give the prisoner a
character, but two of them had not seen much of him
for the last two years.
The CHAIRMAN then carefully summed up the
whole of the voluminous evidence, explaining the
most important points to the jury, and calling upon
them to consider whether he obtained this money
knowing that it was under false pretences or not.
He may have thought that he was employed to settle
the affair for Mr. Page, but it would be for them,
after mature consideration, to return their verdict
accordingly.
The jury, after a few minutes' consultation, re-
turned a verdict of Guilty.
The CHAIRMAN said the Court quite agreed in the
verdict of the jury ; and he was sorry to see a person
of his profession in such a disgraceful position. The
sentence of the Court was, that he be sentenced to
six mcnths' hard labour at Wandsworth House of
Correction.

The prisoner, it may be recollected, brought the
qui tam actions, some years ago, against Lord George
Bentinck, and other noblemen) which did not gain
him a very enviable notoriety.

POLICE INTELLIGENCE.
GUILDHALL.

A couple of respectably-dressed young men, giving
the names of Williams and Lewis, were brought up
by Daniel May, a detective officer, and charged be-
fore Alderman Lawrence with being in a shop in
Fleet-street with intent to commit a felony.
May said he saw the prisoners looking through the
window from the outside of Mr. Crutchley's shop, at
the corner of Salisbury-street, Fleet-street, and ac•
cordingly watched them. Lewis went in, and having
attracted the attention of Mr. Crutchley, Williams
went in ; but Lewis had discovered that Miss
Crutchley was in the shop, though she could not be
seen from the outside, came out, followed imme-
diately afterwards by Williams, when May, took
them into custody. Mr. Crutchley informed him
that Lewis inquired the price of a globe, but did not
purchase any, [ling.
Lewis said he intended to buy the globe, but when
searched at the station-house no money was found
upon him.
Scott, a City officer, said he bad the prisoners in
custody at the Mansion-house, when they were com-
mitted for three months for a similar offence, their
system being to go in pairs, and select a shop that is
attended to by only one person, and then one goes in,
attracts the shopkeer's attention to a remote part of
the shop, while his accomplice enters and plunders
the place of whatever he can lay his hands on near
the door.

Mrs. Remus, of 169, Aldersgate-street, keeping a
butcher's shop, said that, on the 6th of August last,
the prisoner Williams came into her shop during a
temporary absence, and on her return he said he
wanted 11b. of steak ; but as the prisoner asked her
to send it across the road she suspected he only came
in to steal, and therefore watched him out of the shop,
when she saw him join Lewis, and then finding she
was looking after them they ran away. This con-
firmed her suspicions, and on going into the room at
the back of the shop she missed a gold watch, value
201., from the mantelpiece, which she had seen safe
a quarter of a hour previous.

John 'White, in the last witness's employ, deposed
to the prisoner Williams having entered the shop and
purchasing ilb. of steak, and he noticed, while giving
change for a crown piece, the prisoner examine with
evident curiosity the interior of the back room. This
took place about a quarter of an hour previous to his
second visit.

George Mullineux, a detective, said he had Wil-
liams in custody under the name of Ritchie, for steal-
ing a gold watch from a gentleman Lin the street, for
which he was tried, convicted, and sentenced to one
year's imprisonment.
Alderman LAWRENCE said there could be no doubt
of the felonious intention of the prisoners in visiting
Mr. Crutchley's shop, and, therefore, as Williams was
an old hand, he would commit him for three months,
and Lewis, as he was not so well known, for two
months to the House of Correction.

John Eldrige was charged with stealing a Geneva
watch, the property of Mr. Joseph Pickard, of Broad-
street-buildings, his employer.
The prosecutor stated that he had trusted the pri-
soner with several watches on approbation, and, as the
latter owed him about 81., he took him into his em-
ploy, with an understanding that he was to work out
the debt. On Saturday evening, on the watches being
counted, one was missing, which the prisoner at first
admitted 111‘ had taken home with him, and alleged he
had been robbed of it on board the steam-boat on the
Sunday morning, but afterwards he said he had
pledged it for 255. in Queen-street, Cheapside, but
that prosecutor's brother had given him permission to
take it home.

Solomon Pickard, brother to the prosecutor, denied
that he gave the prisoner leave.
The pawnbroker produced the watch, which was
identified, and the prisoner was then dealt with under
the Pawbrokers Act for illegal pawning, and fined 21.,
tad 355., the value of the watch.
MARYLEBONE,

FATAL OCCUR-RENCE.—F. u mous DRIVING BY A
DRAYMAN.—Yesterday William Wallis, a drayman
in the service of Messrs. Elliott and Co., brewers, was
placed at the bar before Mr. Bingham on the serious

charge of having, by furious driving, caused the death
of a man named John Persons, about 45 years of age,
and who for upwards of 30 years had been in the em-
ploy of Mr. Burford, proprietor and painter of the
well-known panoramas which for a long period have
ranked high amongst the attractive exhibitions of the
metropolis.
Mr. Dormer, residing at 18, Hawley-crescent,
Camden Town, deposed that at seven on the previous
evening, as ha was riding on the top of an omnibus
along High'street, he saw the prisoner driving along
at a furious rate with a dray and horses down Pratt-
street. The omnibus coachman pulled up in order to
let it pass, and at the same moment witness saw a man
(the deceased) slip off the kerb into the road,
when the fore-horse of the dray struck him, and
propelled him several yards forward. There was a
tremendous scream, and witness, upon looking round,
saw one of the wheels of the dray pass over the head
of the poor fellow as he lay upon the ground. Witness
added that he got off the omnibus, and on going to
the spot where the shocking occurrence took place,
he found that the man Parsons was dead. He assisted
in putting him into a cab, in which he was conveyed
to the University College Hospital.
Mr. BROUGHTON—Was the prisoner riding on the
dray ? Witness—He was, Sir, and there was another
man and woman upon it also. The prisoner had the
reins in his hands at the time.
Mr. BROUGHTON—Was he drunk or sober? Wit-
ness—He appeared to me to have been drinking.
Mr. BROUGHTON—Did he pull up directly? Wit-
ness—No, Sir ; he was stopped at a distance of
about sixty yards.
Mason, 168 S, said that he saw deceased lying in
a pool of blood in the road. He (witness) took pri-
soner into custody, when be remarked that it was no
fault of his, as the man (deceased) stepped into the
way of the dray, which he (prisoner) pulled up as
soon as he could.

Mr. BROUGHTON—In what state did you consider
the prisoner to be ? Witness—l should say that he
was not quite sober.
Mr. BROUGHTON (to prisoner)—Have you anything
to say in.answer to this charge ? Prisoner—Nothing,
sir.

Mr. BROUGUTON—I shall commit you for killing
and slaying the unfortunate man Parsons, and you
will be brought up again next Wednesday. A coro-
ner's inquest will of course, in the meantime, be held
on the body.
The prisoner was then locked up.
Mr. Fenton, the managing clerk to Mr. Herring,
solicitor, applied for the prisoner to attend to put in
bail, but the request was not granted.
ROBBERIES of LICENSED VICTUALLERS.—WiIIiam
Barry was brought up on remand, charged with hav-
ing plundered the houses of licensed victuallers of
property of different descriptions to a considerable
amount.

The particulars of what previously transpired have
already been published, and it will be remembered
that Lockerby and Bow, of the S division, brought
forward evidence that clearly showed that the pri-
soner had committed robberies at Mr. Howell's, the
Morton Arms, Kentish Town, and at Mr. Gibson's,
the Seymour Arms, Euston-square, at each of which
establishments he had partaken of drink up stairs, and
then took the opportunity of robbing apartments ad-
jacent to those in which he had been sitting. There
was now a third charge preferred against him for
having stolen a bag containing wearing apparel, &c.,
from the Cross Keys, Wood-street. The required
evidence in this case was not forthcoming, and upon
the two cases proved the prisoner was sent for trial.
SETTING FIRE TO A. HAYRICK.—John Smith, who
has undergone previous examination, charged, on his
own confession, with having sat fire to a hayrick, the
property of Mr. Bott, in a field of his, near Primrose-
hill, was again brought up, when the whole of the
evidence against him was read over, and he was fully
committed for trial.