The Sun.
London, England, 1839-06-25 00:00:00

EVENING EDIT lON.

LAW INTELLIGENCE.

COURT OF QUEEN'S BENCH, JuxE 21.

THE QUEEN V. DAVID JONES.
This was the case of the prosecution instituted in the Eccle-
siastical Court against the defendant, a farmer of Carmarthen-
shire, for an alleged neglect of duty as a Churchwarden, in not
furnishing the sacramental bread and wine, &c., for the service
of the Church in his parish. The defendant had been cited be-
fore the Surrogate of the Bishop's Court, and not obeying the
orders of that Court, a significavit had been issued, which set
forth the alleged disobedience ; among other things, in not
Paying a sum of 35/. Ils. 4d. costs, taxed in the suit against
the defendant, instituted by the Rev. Ebenezer Morris, for the
supposed neglect of duty. On this significavit a writ de con-
tumace capiendo issued, and under it the defendant was taken
and lodged in Carmarthen goal, where he had remained since
the mon:h of December last. A rule had been obtained to set
aside this writ, on the ground that it had been issued only by
the Surrogate and not by the Bishop. The case was argued a
short time ago, and the Court had taken time to consider the
decision.

Lord DENMAN now delivered judgment. He said that ir.
reference to the old authorities it appeared that the writ of sig-
niflcArit could not properly be issued by the Surrogate or in his
name, but must be issued in the name of the Bishop himself.
It was required that the contempt should be signified by the
Bishop, and on that signification the process of contempt issued.
The Court was of opinion that the old practice was not in this
respect altered by the statute 53 Geo. 111. There was no
statement in the statute of such a power being conferred on the
Surrogate, which there would have been had the Legislature
intended to confer it. The rule must therefore be absolute.

UNE 22.
THE QUEEN V. DAVID JONES.

Lord DENMAN said, that in this ease, wherein the Court
hall given judgment on Friday, their Lordships v:ere, upon fur-
ther consideration, disposed to think that they had not the
Power to set aside a writ issued by the Court of Chancery, but
they could at all events order the discharge of the defendant out
Of custody, and they would say that he should have his costs,
provided he agreed not to bring any action.
Mr. CHILTON, on the part of the defendant, begged to be
allowed a short time to consider whether he would not rather
have the costs left out of the question than to have the defen-
dant bound not to bring an action.
The Court acceded to this.

CENTRAL CRIMINAL COURT.

THE GOLD DUST ROBBERY.

(Continued from our Paper of yesterday.)
Carne's examination, by Mr. Bodkin, continued—
It was dated on the 23d of March 1839, and requested to cor-
rect the error-the writer had fallen into, and desired Hartley to
deliver two boxes, marked B and C, 18 and 19, to W. Marsh,
11., agent to the Brazilian Mining Company, and was signed
w• and E. _C. Came.. Witness was shown another letter,
srhieh he also pronounced to be a forgery. The post mark is
Falmouth, and it purported to be a letter from W. and E. C.
Carne to W. Marsh, Esq., advising him or the shipping on
board the City of Limerick of the two boxes in question ; un-
derneath was written in a different hand writing 4. Mr. Bris-
tow, please to deliver the above. Messrs. Carne have advised
me about them. L. Caspar." The signature bears a resem-
blance to the signature of the firm, but the hand-writing of
!Lie body of the letter bears no resemblance to the writing of
niinself or clerks. He never gave Hartley any authority to
deliver the boxes except to the Bank of England.
Cross-examined by Sergeant BOMPAS—Hugo, his clerk,
blade out the manifest ; he does not write letters of importance
for witness ; he is not here ,• does not call a manifest a letter
of importance: His partner has equal coetroul over the busi-
ness with himself. The partners generally write the letters.
The body of the letter is not at all like the hand- writing of any
°f his clerks. The signatures are an imitation of his brother's
writing.
Cross-examined by Mr. C. PHILLIPS —lt is a good imita-
tion of his brother's hand. His brother is in good health, and
us Cornwall.
Robert Jordan examined by Mr. DOANE.—IS in the service
,°` Messrs. Carne, as clerk. On the 2.2 d of March shipped
bean
boxes on board the City of Limerick steamer, which had
vein received from the Seagull packet, one marked 18 and the
other 19, both were marked C B ; they con esponded with the
Inanifest and bill of lading which had been put in.
Cross-examined by Sergeant BOMPAS.—The captain of the
cagull brought them to the office, and witness saw them
Aped on board the steamer.
ohn Master, examined by Mr. DOANE—Is a lighterman,
Ites in Frederick-street, Bermondsey ; remember, the City
rLimerick steamer arriving in the River on 25th March,
the Dublin Steam Wharf, called the Irongate Wharf, early in
the morning about seven o'clock.
the John Biggs, examined by Mr. DOA NE—Was a labourer at
iron ate Wharf in March last.; remembers the arrival of
the City of Limerick there on the 25th March. Saw the ship's
41, at the wharf; took it to Mr. Hartley's office in John-street
about eight o'clock that morning.
t John Moffatt, examined_ by Mr. CLARKSON—Commands
last steame City f Limerick ; sailed from Falmouth on 22d
boxes
Marchr , about eight o'clock in the morning. Received two
ares from Mr. Jordan; put them into the money-room, under
cabin-floor, and locked the room. Arrived in London
ili"paut a quarter-past four on the 24th March, at the Irongate
; unloaAed early the next morning ; sent word to the
'lf, and put the two boxes at the office at the wharf in the
r,r_esence of Bristow and Felton, who took charge of than. After
hoat.t Went to the office in John-street, where he arrived at
past ten ; saw the prisoner Lewin Caspar there,
tad told him he had delivered the-boxes or the money and was
:o the Custom-house to report the ship. He said he
oald go and attend to it himself. The bill of lading was
amongst the papers in the ship's box. He had signed two, one
„,
Which was placed in the ship's box.
Cross-examined by Mr. PHILLIPS—Knew a person called
Vlneis Allen. Arrived in the river at a quarter past four on
l'lnday afternoon. Allen was on board his ship on the Sun-
-2; he remained on board about twenty minutes. Was in the
when the prisoner came on board. Allen could not have
CU on board more than half an hour, because the ship had not
longer at her moorings. He came down in the cabin.
ICle not know that he could have come for business on a Sun-
h.;' Has not seen him lately. Cannot tell whether he saw
1114; Has
day. Has teen him at the office, but not lately. He
1,,,n0t been at the office some time. Does not know whether
a,,.s run away. Did not see him depart from the ship. Had
liZ,ersation with him about the cargo.
°'eloc Nmined—He parted with him about a quarter to five
aka on the Sunday. The boxes were all safe after he went
of .r•
k *
Allen could not see the ship's papers, and had no means
whaseertaess delivered them safely the wheer they
next morning were on boar.
d or not ; and
-1T
he told
the COURT—Cannot charge. his memory whether or not.
It told Allen there was specie on board. Allen was a clerk in
Hartley's office.
Henry Moss examined by Mr. BODKIN—IS of the Jewish
Persuasion. Lived in 'New-street, Mile End-road. Was a
Watchmaker, in the employment of Mr. Hyams. Had been in
his service ten years. Has known the prisoner, Ellis Caspar,
sixteen years. Was his foreman for a twelvemonth. Re-
trained with him until he (the witness) married. his
acquaintance with him has continued down to the time of this
transaction. He was present at witness's marriage ; has known
Lewin
Caspar the same time. Immediately after witness left
his father he came to learn the business of witness. There was
an interval, three or four years ago, during which he did not
ltt him, hut he had seen him frequently during the last twelve
konths. Understood he :vas in the employ of a steam navi-
gation company. The Caspars lived on Finsbury Pavement.
Called there in last October on Ellis Caspar's invitation ;
tecrompanied him to the Synagogue onat occasion. Lewin
aspar came in there. They all then left the Synagogue
together. Ellis Caspar said on parting he wanted to see wit-
ness, who promised to call. Saw him the following Sunday at
',ftriess's house. Did not expect him. Had not calleclon Caspar
previously, as he had promised. Ellis Caspar said he wanted
w'it'less4'less to do him a favour. He did not explainhimself, but wished
Witnessf to meet him in the afternoon atWilliams's Coffeehouse.
:,told witness they should meet another person, who would
;Hein the business ; went to William's, and met Ellis Caspar ;
ent with him to the Old Bailey ; they called a cab and drove
t° Ch •
h aring-cross to meet the other person went into a coffee-
°°se there ; Lewin Caspar joined there ; there were strangers
41 the room; Lewin Caspar said they must walk out; all three
hen
I. Went into the Park ; it was quite dark ; Ellis Caspar told
sloshing
to tell witness what he wanted, as he had told him
; •Lewin Caspar wanted witnesss to bring. a letter
„loch Ellis Caspar had given him, to his office in John-
hi"t, Crutched-friars, and he would give witness a box to
;,se to Ellis Caspar, who would at some future titre make him
nandsome recompense. Witness asked what the Lox was to
tlntain ? Caspar said he did not know ; ,he said it was a mat-
tr, of 110 consequence to witness what it contained that a
seen,
porter might do it, only he did not want his father to be
as the business was secret. Witness was to have the
'ltal. next morning at a coffee-house in a street facing
tile, Monument, where he was to meet Ellis Caspar.
'itness went there about ten o'clock, and met Ellis Caspar,
urned;'no said he had not seen Lewin yet. He went away and re
with Lewin in about a quarter of an hour. Ellis had a
sting
in his hand. Lewin Caspar said the ship that was to
fetter the box had not yet arrived, and told witness he had
vetter call in the afternoon, as it was hourly expected. They
then separated. Received nothing from either of them. Re-
''eived some money next day. Met them in the afternoon at
thesame place. Lewin said the ship had arrived, but
eat the box was at the bottom; witness went next morning,
tkl saw them both again ; Lewin told witness the box was too
"eary to take away, and desired his father to give him half a
savereini which he did; Lewin asked witness, if he should
want witness at any time, where he should find him ; Ellis was
I.eWinl:resent ; witness told him he was always at his empo ;
said he did not wish it to be known that )any
eorresvondence was carried on between them, hut direct to
Witness, by the twopenny-post, and would not sign his own
''aine. Met them both afterwards several times, always in
n 4n,equence of notes. On one occasion Lewin asked him what
'kind of a hand he wrote. This was before Christmas. Wit-
ness wrote his name and address on a piece of paper, a-id pri-
soner, Lewis Caspar, said that would do, and he proposed
Witness should write for him, two letters, and said he would
give witness the forms to copy, and also another letter of which
It
was to imitate the handwriting as near as he could.
was a letter that was to be sent to a gentleman in the
bank of England, the hand writing of which, witness was
(13 imitate. The letter produced is the letter. Witness subse-
gnently•received the forms which he copied, and returned them
With the copies to Lewin Caspar; the first witness wrote were
l'r.lected consequence of having left them with two narrow
'paces. Witness wrote two others ; those now produced are
;tne forms the letter now produced of which the address
4 tore off, is in witness's writing it was addressed to
Lewin Caspar, and be gave this to him himself, and
addressed the letter by Lewin Caspar's desire. This took place
beforet Christmas—(The witness struck out the words which
had been introduced since the forms were written and the
letters were put in.) Never saw Ellis Caspar from that time
to the 24th of March. Saw Lewin Caspar twice. Met the
two Cespars on the 94th of March in Turner-street, Corn-
kercial-read, going towards witness's house, between one and
two in the day. Did not expect them. They said they were
g4itg to witness's, and Lewin Caspar said h • should want witness
next morning ; witness said he did not think he should be able
to attend to it. Ellis said if witness had any business to do, it
Would be a good excuse for his absence, as it would not occupy
half an hour. Witness agreed to meet Ellis in Mark-lane, who
was to give him a let ter to go to Lewin ; ent accordingly, and
In-t the Caspars in Fenchurch-street at a little after ten. Lewin
left his father, and then Ellis came up and spoke to witness,
and said he wanted to give witness something, but could not do
it in the street. They went into a coffee-house, and
Ellis Caspar gave him a letter and a blue bag. The
I letter was folded. He delivered the letter to Lewin Cas-
tar ; the letter produced is the one he carried. iVitness left
I, home in New street, a little after eight that mo:ning, he
Was dressed in his best clothes ; he was directed by Ellis Caspar,
to take it to Lewin, at his office, and Lewin would give him
something which he was to put in his bag and take away, and
'bring its a cab to Wood-street, Cheapside, where he would meet
Ellis Caspar. e ot a cab and went to Lewin's office, at
Messrs. HartleyH' g
s, in John-str h
eet ; e went there alone ;
a lad came to the cab' and witness asked for Mr. Hartley,
as he had been desired by Ellis Caspar. The lad
went in and sent out Lewin Caspar. Witness gave him the
letter, and Lewin went into the office. He came out with
another letter as well as the one witness had gave him in his
hand. He compared the two and said--there was a mistake,
and that witness must go into his office and he would correct it.
Re went into the inner office, where there was nobody except
Young Caspar himself. There were clerks in the outer
, °face through which they passed. Lewin, when he got in