The Sun.
London, England, 1864-05-31 00:00:00

MIDDLESEX SESSIONS—May 30.

(Before Mr Payne.)
THE ALLEGED VICTIXS OP POLICE PERSECUTION.

William White, who was convicted on Thursday last of
shoplifting, and was sentenced to ten years' penal servitude,
was placed in the dock.

Mr Payne said—You were convicted before me, 'on
Thursday last, of the offence of stealing from a tradesman's
shop, in conjunction with two other persons, a roll of cloth,
of the value of £3. I have had you brought up to-day for
the purpose of informing you that I have, after considera-
tion and consultation with others, determined to postpone
your sentence until next session, to enable inquiry to be
made into the truth of your assertion that you were the
victim of police persecution. But I think it my duty, in
consequence of remarks which have been publicly made
upon the case, for the sake of the administration of justice,
to say a few words about it. It has been said that the case
was a trifling one. I cannot agree with that opinion. When
a single person steals an article of small value, the case
may be said to be trifling; but when three persons, one of
them an old offender—go out together and remove for the
purpose of stealing from a tradesman's shop an article worth
several pounds, although through the vigilance of the police
they do not cat ry off the article, it does not appear to me to
be at all a trifling case. It has also been said that the jury
might have acquitted you, Ido not see how, upon the evi-
dence, and using their common sense, they could have acted
otherwise than they did. If they had found you not guilty
upon the defence suggested, they would, in substance, have
declared the policeman to have committed a most wicked
offence, viz., that of having failed in one charge, and, in
consequence, entirely fabricated, or, as it is called, trumped
up another, and this only on assertion without any evidence.
I am not responsible for the verdict; but I feel bound to say
that, both in fact and in law, I consider it was a just one.
For the sentence I alone am responsible. It was proved that
on a former occasion you had been, for a robbery of silver
plate, sentenced to five years' penal servitude, which would
have expired on the Bth of this month, You were discharged
on a ticket-of-leave at the end of 4 years, and did not produce
any evidence as to how you bad spent the past year, The
principle upon which I have acted in passing sentence is this
—as long as I can see any means of combining the reforma-
tion of the offender and the protection of the public, I always
endeavour to do so; but when, by numerous imprisonments
and a long term of penal servitude, it appears that the
offender will not reform, then I think it right to consider
mainly the protection of the public. But you asserted that
you were the victim of police tyranny. I have always had
a strong opinion, which I have often expressed in public,
against the interference of policemen with criminals who
have got into employment, and have several times caused
investigations to be made into such matters. I did not do so
at the mom'nt in your case because I thought that as you
had instructed your counsel to accuse the policeman of a most
wicked charge, and which charge the jury had by their ver-
dict declared to be unfounded, I could not rely on your de-
cimation. But on the next day, and before the remarks
appeared to which I have referred, your counsel was told
that the court would do what it could to forwari an inquiry
on the subject. I may further add that neither the jury nor
myself were aware before the verdict of the previous con-
victions. You will be brought up again next session, and
such sentence will then be passed upon you as any alteration
of the circumstances may require, or as after careful consi-
deration may be thought just and proper.
Mr Harwood (a magistrate on the bench)—Hear, hear.
(Some counsel laughed.) I am astonished that several
members of the bar should look at me and laugh. I dont
know for why, because I concurred in the remarks of the
judge, and I should have thought to have been borne out
by them instead of being laughed at.
In a case of a prisoner named Henry Dixon, tried on Thurs-
day last, he was brought up yesterday to receive judgment,
as a policeman stated that he knew the prisoner as a com-
panion of thieves, and had seen the prisoner frequently
within the last seven months in the company of two noted
thieves, The prisoner denied that statement, and said that
he was at that time in Feltham Reformatory. Yesterday it
appeared that what the prisoner then stated was correct, for
he was only discharged from there in March last. _ _

Mr Payne said that the constable must attend to explain
his positive statements, and he should like to know why he
was not present now. The prisoner had been remanded for
him to make inquiries, but he had not attended, and he
should take notice of it.

Mr Itibton, who defended the prisoner, said a strict in-
quiry ought to take place, for if gentlemen of the bar said
anything against the police he for one knew what a burst
of obloquy they had to undergo, and he did say that the
police ought to be cautious in what they swore to, as they
were mostly the principal witnesses against prisoners.
The matter was then further deferred until nest session.
(Before the Assistant-Judge.)

PROSECUTION OF VENDORS OF INDECENT BOOKS AND

PRINTS.

John Pearson, of No. 2, 14i-111-auk-street, Westminster,
and Jean Paul, of Cecil-court, St, Martin's•lane, were in .
dieted for uttering and vending certain indecent prints and
books.
Mr Sleigh prosecuted on behalf of the Society for the
Suppression of Vice, and Mr Ribton defended the prisoners.
Both the prisoners pleaded guilty to the indictments.
Mr Ribton said he wished to address a few words to his
lordship, as this was a very peculiar case as far as Pearson
was concerned, and he did sincerely hope that when his
lordship was made acquainted with all the circumstances,
he would consider the ends of justice would be answered if
Pearson was allowed to go out on his own recognizences, or
find substantial bail to come up for judgment when called
upon. He had spoken to Mr Sleigh, who represented the
Society for the Suppression of Vice, and ho was content to
leave the matter in the hands of the court. He should call
a number of witnesses to show that Pearson had borne a
good character, had been for many years in the service of
Mr. Carter, a builder of Eastcheap, and as regarded the
charge against them, it came out in this way :—A cata-
logue published by him was sent to the country, and this
was submit[ed te, the society. The prisoner Pearson lived
at No. 2, Millbank• street, Westminster, and a person went
there to purchase such articles as were referred to in the cata-
logue ; but he wished to state that these books and prints were
purchased in an ordinary sale in the rooms of auctioneers
of undoubted respectability, and those catalogues he held in
his hand, and where his lordship would find a description of
the books an I prints then before the court. He referred
amongst others to lot 321 in one of those catalogues. This
was Pearson's first offence, and as he had bought these
things at public auction, together with their being no pub-
lic exhibition to shock public decency, he trusted the pri-
soner would be dealt with mercifully by the Court.
The Assistant-Judge, having examined the catalogues,
asked if the attention of the scciety had been directed to
them, as they were catalogues issued by some of the most
respectableir.
Sleigh book
said
theauctioneers
societyo
weref the innoet aware, and they d:d
is
not believe until they saw them that these persons would
sell such objectionable books.
Mr. Ribton said when the defendant was waited upon by
the officers of the society he showed them the catalogues,
and told them where the books were purchased.
The Assistant Judge Would like to know the person in the
country to whom the catalogue was sent and the position of
life he was in.
Mr. Sleigh said sometimes information came anony-
mously to the societv,and there were obvious reasons for this,
The Assistant Judge—gave these catalogues been sent
to schools or establishments?
Mr. Sleigh—No doubt they aro extensively circulated,
but it is only occasionally that we hear of them.
Several witnesses were called who gave Pearson a good
character.
In the case of Paul it was said that he went to another
person, on being applied to, and procured these objection-
able things for him.
Paul said the man had been for two years a personal
friend, and had dined and drunk at his:house, and he only
got these things at his earnest request.
The Assistant Judge said this war a most aggravated case
as regarded Pearson, and he must express his surprise that
such firma as have been mentioned should have in their

catalogues and sell such works as these, The catalogues
issued by Pearson appeared to have been widely and exten-
sively circulated, He hart not the slightest excuse for doing
so, as he was is employment, and with a good income, while
for his own advantage he was circulating these infamous
publications throughout the kingdom. A large number of
persons were joined together and used the greatest exertions
for the purpose of extending principles of morality amongst
the people, but here was the source of poison which might
carry ruin into the families of all. The court would but ill
discharge its duty if it did not pass upon Pearson a ses'ere
sentence, which was that he be imprisoned and kept to hard
labour for 12 months, As regarded Paul his offence was
not so bad, and the sentence of the court was that he be
imprisoned and kept to hard labour for six months.
It was also ordered that the attention of the book auc-
tioneers should be drawn to their catalogues.