The Sun.
London, England, 1852-11-25 00:00:00

CHARGE AGAINST BROOME.

10,535

8,160

73,442

9,20

8,953

The prisoner was sentenced to be transported for ten
years.

Harriet Earmaker, 22, a good-looking young woman.
was indicted for the manslaughter of her male illegiti-
mate child.

Mr. Platt prosecuted. •
The prisoner would have been unprovided with the
assistance of counsel, but by the humane interference of
the Sheriffs, Mr. Sleigh was instructed to watch the case
on her behalf.

It appeared that the prisoner was cook to a gentle-
man's family in Eccleston-square, and on the morn-
ing of the Bth November there were indications about
the house, observed by the other servants, of her
having been delivered of a child, although the pri-
soner had always positively denied that she was in that
condition. In the course of the afternoon, one of the
servants heard . a noise in a cupboard, of which the
prisoner had the key, which she supposed to be the cry
of a cat which had received some injury, and she applied
to the prisoner for the key of the cupboard. The prisoner
came from her own room, and while the other servant
was gone to fetch a light she was seen to go into the
cupboard and come out in a hurried manner, and when
her fellow-servant came up with the light and asked her
what was the matter, she said that the cat had been
caught by the tail and that she had run away. There
appeared to be very little doubt that the prisoner had
placed the child in the cupboard, and that she had got it
out during the short absence of the other servant ; and
soon afterwards the body of the infant was found in the
yard of the house quite dead. There were, however, no
marks of violence of any description upon it, and there
was no evidence whatever, except with regard to the
noise that was heard in the cupboard, to show that the
child was born alive. It appeared that a bill for murder
had been presented before the grand jury against the
prisoner, but they ignored it and returned one for man-
slaughter only.
Two witnesses were called to depose to the facts above
narrated, but in answer to the questions put to one of
them, a married woman, by the Court and the counsel for
the prisoner, with regard to the nature of the noise that was
heard in the cupboard, she said she would not attempt
to state, with any certainty, that the noise she heard
was the cry of a child. It was also stated that the in-
stant the door of the cupboard was opened the noise
ceased, thereby creating a strong impression of the pro-
bability of the story told by the prisoner that the cat's
tail had been caught in it, and that the noise that was
heard was caused by the animal, and was not, in point
of fact, the cry of a child. _ _

Mr. Justice Coleridge expressed his opinion that under
these circumstances the prisoner could not be convicted.
If she had been indicted for murder, the jury might have
convicted her, under such indictment, of concealing the
birth of the child, which appeared in reality to be the
object she had in view ; but this being an indictment for
manslaughter, she could not be convicted of concealing
the birth, and she must be acquitted altogether. His
lordship then explained to the jury, that in the absence.
of any positive proof of the child having been born alive,
or of any injury likely to cause death being inflicted upon
it by the prisoner, he was of opinion that the present in:
dictment could not be sustained,
returned a 'verdict of Not Guilty.
The jury accordingly, under his lordship's direction,

NEW COURT.
(Before. the Recorder.)
ROBBERY FROM THE PERSON.
Ann Bigler,- 25, a prostitute, pleaded not guilty to an
indictment charging her with stealing three 51. Bank of
England notes and twelve sovereigns from the person of
Mr. DaVid Cooper, carpenter, of 1, Hanover-place,
Thames Bank, Southwark.
After the hearing of some evidence, the jury expressed
an opinion• that the evidence of the prosecutor, upon
which the whole case depended, was not to be relied on,
and returned a verdict of Not Guilty.

BIGAMY.
Sarah Sniith, 60,.pleaded not guilty to an indictment
charging her with having married with Joseph Hensman,
her first husband, John Smith, being still alive.
A certificate of. the prisoner's marriage with John
Smith, at the parish church of Tonbridge, Kent, hav-
ing been produced, and several witnesses examined,
Mr. Parry addressed the jury for the defence.
The learned Recorder summed up, remarking that,
although the charge appeared to be one not of the most
serious shade of bigamy, still the crime was one which
it was necessary to' punish, if the prisoner clearly knew
that her first husband had been alive within seven years'
of her second marriage.
The jury found the prisoner guilty, with a recom-
mendation.to mercy.
_

The learned Recorder said he thought the recommen-
dation of the jury a wise one ; and bearing it as well as
other mitigating circumstances in remembrance, he
sentenced the prisoner to he further imprisoned for the
space of ne month.

•
. In the course of the morning, the grand jury returned
a true bill for misdemeanour against Harry Broome.
David Lewis, alias Allen, 35, described as a dentist,
was indicted for feloniously uttering a forged R. Bank of
England note, with intent to defraud. .
Mr. Clarkson conducted the prosecution on the part of
the Bank of England.
It appeared that the prisoner had formerly been a
schoolmaster, but he had got into difficulties, and for a
considerable time there seemed to be very little doubt
that he had adopted very disreputable habits. While
engaged in his original occupation, it appeared that he
had some dealings with Mr. Harris, a wholesale sta-
tioner in St. John-street ; and on the evening of the 19th
October, the prisoner went to his shop, and stated that
he wished to purchase some stationery, as he was about
to open a new school, and he said that, as MT. Harris
had lost some money by him by soma former transac-
tions, he would now give him the benefit of Ms ready-
money dealings. The prisoner then selected some arti-
cles of stationery, amounting in value to 1/. ls. 9d., and
he-produced what appeared to be a genuine R. note,
but on the shopman saying that he must go out
for change, the prisoner put his hand in his
pocket, and said that he had got enough loose cash
to pay the bill. At this moment Mr. Harris came
into the shop. and at the request of the prisoner,
he gave him change for the note, and he left the shop
with the parcels containing the goods he had purchased.
It appeared that Mr. Harris immediately afterwards ima-
gined that he had given the prisoner a sovereign too
much in the change, and he requested his shopman to
fetch the prisoner back, and he overtook him, and asked
him to go back to the shop. He went back with the
shopman for a short distance, and he then asked him to
hold his parcel for a short time while he retired for a
particular purpose, and he took the opportunity thus
afforded him of going round a corner and making his
escape. He was taken into custody shortly afterwards ;
and while he was at the police court he entreated Mr.
Harris not to prosecute him, and said at the same time
that when he "planted" the note upon him he was al-
most 'starving. The note given by the prisoner turned
out to be a forgery in every respect.
The prisoner, when called upon for his defence, de-
clared that he hail given five sovereigns for the note in
question, to a man he did not know, in a public-house,
and he called a woman, named Mary Wilson, to prove
the fact as he had stated. The evidence given by her,
however, was of a most unsatisfactory character.
The jury, without any hesitation, returned a verdict
of Guilty.
Mr. Clarkson informed the Court that the prisoner
had pleaded guilty on the previous day, in the New
Court, to an indictment for uttering counterfeit \coin.
fourteen pieces being found in his possession, and he had
recently suffered an imprisonment of eight months for
defrauding one of the city charities, known as Wilson's
Charity, of 1001., under the false pretence that he was
a trader.

James Lewis, 19, labourer, and Wilson Cunningham,
19, Inman, were indicted for burglary in the dwelling-
house of John Wilson, and stealing a silver cream jug, a
quantity of knives, four coats, a clock, and several other
articles.

The prosecutor, a gentleman living at Vassall-road,
Brixton, stated that early on the morning of the 27th of
October, he found that his residence had been broken
into by some thieves having effected an entry by the back
kitchen door, through which they had cut a hole large
enough to enable them to reach the bolts, which had been
drawn back. They had then forced the front kitchen
door, by breaking the lock off. Having thus gained an
entrance, they proceeeded to ransack the place of
_all
they could lay their hands on, taking down the clock,
all the coats that were in the hall, a parcel containing.
41bs. of tea that was in the parlour cupboard, the whole
of the knives and forks that were in the kitchen, and a
few articles of plate—fortunately all that had been left
out. Prosecutor had himself been the last up in the
house, and seen every place safe. The property now pro-
duced, which had been shown him the day after the rob-
bery by the police, was his.

Proin the evidence of Standage and Topping, con-
stables in the P division of police, it appeared that on
the morning following that on which the burglary had
been effected, the whole of the property was found by
them in two baskets concealed beneath a quantity of
rubbish which was lying in some mews contiguous to
the prosecutor's dwelling, and having found an owner
for it, they replaced and watched the same until night,
when Cunningham stealthily approached the spot. and
was in the act of removing it as Standage pounced upon
him. Topping apprehended Lewis at the entrance of
the mews, 60 yards from the spot. When confronted
with his fellow prisoner, he denied all knowledge of him,
and alleged that he was returning from his work. Some
foot-marks in the prosecutor's garden were subsequently
found to correspond with shoes worn by Cunningham.
Mark Thorn deposed to having seen the prisoners
drinking together at a beer-shop three hours previo as to
their apprehension, and furthermore to their having been
associates for the last six years.
In defence, the prisoners set up the very stale excuse
of having accidentally tumbled over the property..
• The jury having found them Guilty, a former convic-
tion was proved against Cunningham for stealing lead in
1851.

The Common Serjeant sentenced them to be trans
ported—Lewb for seven and Cunningham for ten years,

MIDDLESEX SESSIONS.—Nov. 24.

(Before Mr. Sergeant Adams, Assistant Judge.)
Jame* _Dunkley, 55, was indicted for stealing, and
Richard Gobbey, 39, for feloniously receiving, a quantity
of oats and beans, the property of Messrs. Pratt and
Sewell.

Mr. Lawrance prosecuted ; Mr. Ribton app eared for
Dunkley, aid Mr. Cooper for Gobbey.
The prisoner Dunkley was in the employ of the pro-
secutors, who are contractors in Gray's-inn-lane, and in
consequence of suspicion entertained, a strict watch was
kept in the stables. He was detected carrying off a
quantity of oats and beans in a basket, and he was fol-
lowed to the house of the other prisoner, who is his son-
.
in-law. There was no evidence to show that Gobbey,
actually received the property, but it was clear that he
was aware what Dunkley had with him, from a state-
ment made by him to the police-officer. It appeared
that he blamed his wife and her father. He said when
charged, " I knew it would come to this ;" and turning
to I his wife, he said, "It never was my wish that it
should be brought here ; it was your's and your fathers."
Several witnesses gave Gobbey a very excellent charac-
ter. He was a greengrocer, and kept a house in Suther-
land-terrace, Caledonian-road. Dunkley had been in
the employ of the prosecutors twenty years.
The jury Acquitted Gobbey, and found Dunkley
Guilty, with a recommendation to mercy.
The. Assistant Judge said this was a case in which he
could not attend to the recommendation, the prisoner
having (it could not be doubted), after the statement
made y Gobbey, carried on a complete system of plun-
der. He sentenced him to eight month's hard labour.