The Sun.
London, England, 1864-03-01 00:00:00

CENTRAL CRIMINAL COURT—Feb. 29,

(Before Mr. Commissioner Kerr.)
THE BENCH AND THE BAR-SCENE IN COURT.

Francis :Owers, a very respectable-looking young man,
surrendered to take his trial upon several indictments
charging him withembeZzling different small sumsof money,
amounting in all to about 1:5 or £9, the property of the
trustees of a benefit society called the Progress and Unity
Society, which is a branch of the Forester's Society.
Mr. Metcalfe conducted the prosecution; the prisoner
was defended by Mr. F. H. Lewis.
The jury returned a verdict of not guilty.
The prisoner was then charged upon a second indictment
wiib an offence of the same character.
In this ease the jury again returned a verdict of not
guilty.
Mr. Metcalfe said that he was instructed to proceed with
a third charge. and the prisoner was consequently put upon
his trial upon another indictment which charged him with
embezzling other sums, the property of the same society.
The learned counsel, in opening the case to the jury,
complained of the manner in which the last two cases had
been summed up by the learned judge, and said that if the
court had been differently constituted, and if the learned
judge who usually F.-..:a0,1 1.. J L..n
probably not have felt himself compelled to take the course
he had done in pressing so many inquiries upon the atten-
tion of the jury.
Mr. Cocoluissionor Kerr, upon hearing this observation
of the learned counsel,
wibthird.risaiwettchaelfoobwseisrhveadtiotnotehkronPoied'
adw.
made.l2and
called upon him to
o.was the observation
required him to
referred to by the learned judge which 21‘;

wit hd raw.
Mr. Commissioner Kerr said that the observation
required him to withdraw was that if the court had been
differently constituted and the learned judge who usually
presided had been present ho should not have taken the
course he had done.
Mr. Metcalfe said he did not intend anything disrespect-

ful to the Court in what he had stated.
Mr. Commissioner Kerr said he should not argue the
matter, but if the observation was not withdrawn he should
adjourn the court and consider what further steps should be
taken in the matter.

-Mr. Metcalfe repeated that he did not intend anything
disrespectful to the court.
Mr. Commissioner Kerr said he considered the observa-
tion that had been made was highly disrespectful, and he
believed that every one in oourt was of the same opinion.
(Hero there wore loud cries of " Hear, hear.") He should

insist upon an unconditional withdrawal of the observation.
Mr. Metcalfe, upon this, said that if his lordship consi-
dered the observation disrespectful, ho should of course
withdraw it. _ _

The case then proceeded, but tho evidence was pretty
much the same as upon the other two indiciments. The
prisoner was proved to have received several small sums
from different members of the society, but it appeared he
had accounted for nearly the whole of them, and upon ono
occasion ho had complaimed to the trustees that there were
so many entries to be made that it was impossible for him
to enter the whole of them, and an assistant was provided
for him. _ _

The learned Commissioner, in summing up, said it ap-
peared to him that the statement which had boon made by
the trustee as to the prisoner complaining of the amount of
duty ho was required to perform, was the explanation of the
whole transaction, and that there really were no grounds
for making a charge of embezzlement against him.
The jury again returned a verdict of not guilty.
Mr. Commissioner Kerr then observed that ho entertained
the same opinion ho had expressed with reference to the

first case which had been tried, that the evidence was quite
insufficient to support the charge of embezzlement, and
that the proper course to have been taken was to have
applied to a magistrate under the provisions of the Friendly
Societies Act, by whom the dispute with regard to the
money could have been settled in the most satisfactory man-
ner, at the expense of a few shillings. Instead of doing this
the society had thought proper to prefer all these indict-
ments at very great cost, and, under the circumstances, ho
should make no order for the payment of the expenses.
There was a fourth indictment against the prisoner, but
Mr. Metcalfe declined to offer any evidence in support of
it, and when the little scene above narrated had been
brought to a conclusion, the prisoner was ordered to be
discharged.
William Giles, 20, pleaded guilty to a charge of embezzle-
ment, and it appeared that ho had been before convicted of
robbing a former master of a considerable quantity of valu-
able jewellery, and that he had also attempted to commit
another robbery in an establishment where ho had obtained
employment after he came out of prison.
Ito was bentenced to five years' penal servitude.
Andrew M'Lean, 63, pleaded guilty to a charge of unlaw-
fully endeavouring to obtain money by false pretences from
Baron Templeton. lie also pleaded guilty to a charge of
obtaining a sovereign from Alexander Maine by false pre-
tenets. The prisoner is a notorious begging-letter impos-
ter, and he lass been convicted at the instance of the Men-
dicity Society on a great many occasions.
Ho was sentenced to 18 months' imprisonment upon the
first indictment, and to be kept in penal servitude for three
years upon the second.

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