The Sun.
London, England, 1839-11-13 00:00:00

KENSINGTON PETTY SESSIONS

CAUTION TO YOTJNG MEN WISHING To MARRY,—
Monday, Henry Johnson, a tall respectably dressed
man, about 60 years of aage, was brought up in the
custody of Gough and Hill,two police constables of
the T division, before Sir JOHN SCOTT and Mr. BAR-
LoW, charged by a young man, named Arthur Connor,
with having obtained from him the sum of two pounds,
under the false pretence of procuring him a situation in
the House of Commons.
Connor deposed that he had for four years and a
half lived in the service of the Rev. Henry Penny, of
Phillimore-place, Kensington, which he had been in-
duced to leave in consequence of the representations
made by the prisoner that be would procure for him
the situation of avenue porter at the House of Com-
mons. The prisoner, who had been known to him and
his family for years, stated himself to be filling a situa-
tion in the Stamp Office, Somerset
wishing to marry,House,shaiidabo
about
askednine m
the p
rissionicleer, he
if h
e(coe
,rneprl (complainant)
of situations in Go-
vernment t) w
offices, and could help him to one. The pri-
I soner said he thought he could, as he had a friend of

the name' of Nichols, who was the Secretary to the
Speaker, to whom he would speak on the subject.
Swiftly afterwards, he said he had spoken to Mr. Ni-
chols, who had told him one of the avenue porters, of
the name of Fox, would part with his situation for a
gratuity of twenty pounds, and as he (Nichols) had the
power of sanctioning such transactions, the matter might
be easily arranged, adding that it would be proper to give
Fox .5/ to ensure the situation. Witness told him he
had but 2/. by him, on which the prisoner said that,
although it would be a great inconvenience, he would
himself advance the other 3/. to make up the amount.
The next day the prisoner showed him what he stated
to be a receipt from Fox for the money, and said that
whenever the situation was vacant witness would have
to take it in a day or two ; in consequence of which .he
gave Mr. Penny warning, not wishing to leave him un-
handsomely. Having left his situation, and relying on
the prisoner's statement, be married ono of his fellow-
servants, and took lodgings, so as to be ready to take the
situation, the prisoner coming daily to his lodgings and
taking his meals. He generally came in the morning
and took his breakfast, after which he left, under the
pretence of going to his office in Somerset House, re-
turning about one o'clock, when he remained to dinner,
tea, and supper. This he continued to do until within
the last two or three weeks, when, being closely pressed
about the situation, his visits became less frequent, and,
at length, he absented himself altogether. Last week
witness and his father went to the House of Commons
to make inquiries, when they ascertained there was no
such situation as avenue porter, and no Mr. Nichols,
Secretary to the Speaker.

The prisoner, in answer to the charge, entered into a
statement of his acquaintance with Connor's family of
thirty years standing, declaring that the complainant
had asked him for the situation, and that he himself had
been duped by Nichols, whose residence, however, he
did not know. He then said Connor had bees with
him down to the House of Commons for the purpose of
meeting Nichols, and had seen him (the prisoner ) go in.
The BENCH said it was one of the basest species of
imposition they had beard of for a long while. They
had first thought of dealing with the case summarily,
but they felt, under all the circumstances, they should
not be doing their duty to the public if they did not
commit him for trial.
He was committedaccordinErly.

EXPLOSION OF A CIGAR—SINGULAR CASE.-A per-
son of fashionable exterior,who was entered on the police
charge sheet as Mr. Price Dutton, of No. 11, St.
Peter's-square, Hammersmith, was brought up under
the following somewhat singular circumstances :
Police constable Ayres deposed that about half-past
twelve o'clock on Saturday night, or rather Sunday
morning, while on duty in the Addi-on-road, Kensing-
ton, he heard loud cries of " police," " stop thief," and
the sound of footsteps approaching him, and almost
immediately the defendant came up, covered from head
to foot with mud, and said that he had had a loaded
cigar given him by a stranger, which had exploded, after
which the stranger had knocked him down. Seeing
that he was intoxicated he took him to the station-
house.

By Mr. BARLOW—Had any person acted as the de-
fendant described, and run up the Addison-road, he
must have met him. Witness, however, met no person
until the defendant came up to him.
Mr. Dutton said he had been on Saturday dining in
the City, from whence he walked towards home. At
Kensington he purchased a cigar at the shop of Mr.
Gales, in the High-street, which he soon smoked out,
at which moment a stranger dressed in a white Mackin-
tosh, accosted him on the road and asked him if he
would like a cigar. He told him he had just smoked
one out ; on which the stranger offered him one and lit
it for him. After they had walked a few steps together
the stranger suddenly crossed the road, and directly
afterwards the cigar exploded in his (Mr. Dutton's)
face, alarming him very much. After he had recovered
himself a little he looked around him, and seeing a per-
son in a white Mackintosh standing under the gas-post
opposite the Addison-road, lie crossed over to him, and
believing him to be the same person, said he was a
pretty villain to give him a loaded cigar ; on which the
fellow instantly struck him a violent blow in the face,
which broke his spectacles, cutting his left eye very
much, and rolled him into the mud, at the same instant
taking to his heels up the Addison-road.
Sergeant Horn, T 14, said that about eight o'clock
on Sunday morning, while passing the gas-post opposite
Addison-road, he saw a gentleman's glove lying on the
path, and on looking about he found a pair of spectacles
with the left glass broken. In his opinion the defen-
dant must have mistook his eye coming into contact
with the lamp-post for an explosion of the cigar he was
smoking.
Mr. Dutton, however, persisted in his statement.
Inspector Smith said Mr. Dutton was very drunk
when brought to the station-house, and insisted on being
attended by a surgeon, whereby a charge of 7s. erd. had
been occasioned. _ _ _

The BENCH, in consideration of his having to pay
that amount, fined the defendant 2s. 6d., and he was
discharged.

POLICE INTELLIGENCE.

BOW-STREET.

Yesterday, EarlGiengal, John Rowland Durant, and
Lancelot Baugh Allen, Esqrs., were summoned as the
Trustees of the Theatre Royal, Drury-lane, to show
cause why they refused to pay to the parish authorities
of St. Martin's-in-the-Fields the sum of 82/. 10s.,
which had been assessed upon that establishment for
the relief of the poor.
Mr. Bodkin appeared for the parish, and Mr. Bur-
gess, solicitor to the trustees, against the rate.
Mr. Burgess took an objection to the form of the
summons, as it did not specify the exact rate for which
the demand was made, anti he had no means of ascer-
taining the' particulars of it. Summonses had already
been dismissed on two different occasions by Magis-
trates at Quarter Sessions, where they had allowed the
several rates which had been levied to be altered.
Mr. Bodkin said it was of no great consequence if
the amount of rate had been specified, and as that had
been done on the 7th of December, 1838, when it be-
came due, it ought to stand.
Mr. HALL inquired if there were any other rates
amounting to the same sum demanded by the parish ?
Mr. Burgess said that all of them were nearly the
same.
Mr. HALL—The parish is not going for more than
one rate, and there cannot be any great mistake upon
the subject., as you ought to he prepared to answer it.
Mr. Bodkin observed that on the. 7th December a
rate had been made of elevenpence in the pound.
Mr. Burgess said that there had been an alteration
made in the rate alluded to, and he wished to draw the
attention of the Bench to the subject.
Mr. Bodkin—The rate upon the appeal had been
82/. 10s., and it was for the other party to impugn it.
Mr. J. Williams, Collector of Rates for St. Martin's
parish, proved that he demanded payment of the rate in
question from the defendants. The demand was made
at the Theatre in January last.
Mr. HALL—Did you make the demand from any
of them in person ? Witness—l delivered a note to
the porter, and it was sent up to Mr. Dunn, the trea-
surer.

Mr. Bodkin asked if that was the only occasion the
demand was made.—Witness said it had been made
several times, after which notice of appeal was served.
Mr. Bodkin—l suppose you attended when the case
came on at the special sessions? Witness—Yes, and
then the rate was reduced from 951. Is. 2d. to
821. 10s., at the instance of the present defendants,
and after notice of appeal was sent in they said they
were not the party liable but Mr. Bunn, and although
application was subsequently made at the theatre no
part of the demand was never paid.
Mr. Burgess—Did you make any demand at the
defendants' residences ? Witness—l did not, nor did
I see the notice of appeal, and I made the demand on
the premises rated.
Mr. Burgess—Were you not distinctly informed that
Mr. Dunn was treasurer to the lessee and not to the
trustees? Witness--Yes, I understood that be had
been in June last, but not in February, when the appli-
cation was made.

Mr. HALL said that it was quite cle it the objection
should fall to the ground.
Mr. Bur;Burgess said that the other objections he had to
make were °that on the 7th of May summonses had been
heard at the Pettit Sessions of Westminster, and after
going into evidence respecting the lease the Chairman
recommended that they should be dismissed, which lie
(Mr. B.) could prove was upon the conditional terms;
but in about a month after, in consequence of Mr. Bunn
not having paid the rate, it was determined upon that
it should be upon conditional terms, by a single Magis-
trate, who did not hear the case before, and when it
was again brought forward it was dismissed, as appeared
by the indorsement of the Magistrate, who had decided
in the first instance ; he recommended that it should
not be brought forward again unless before a Magis-
trate of this Court. In the June following a warrant
was issued against Mr. Bunn for the ncn-payment of
the rate.
Mr. WILLIAMS—That was for a rate of 52/. 10s.,
and not for the rate in question.
Mr. Burgess said that in the rate-book the name of
Mr. Bunn was inserted, and the 23d Geo. 11., chap: 33,
sec. 5 and 6, authorised the levying of rates upon any
person holding premises, application to be made at the
residence of the party, and a warrant should issue upon
the non-payment of the same. The defendants ought
not to be held liable more than any other proprietors,
although they might have occasionally signed certain
cheques ; and by the 52d Geo. 111., chap. 19, see. 51,

Mr; Bodkin said that no Magistrate could have dis-
missed the summons, inasmuch as the defendants had
their names put upon the rate-book by their own de-
sire, and upon their being called upon by the Magistrates
of Westminster to show cause, they produced a lease to
Mr. Bonn, in which he was bound to pay the rates,
with which the parish had nothing to do, as the defen-
dants made themselves the party to be rated, and on
the parish officers seeing that Mr. Buan had pledged
himself to pay the rate, they consented to let it stand over,
but as it still remained unpaid they were compelled to
enforce their legal right. He considered that the de-
fendants had no business to go the pettit sessions for the
purpose of effecting reductions as occupiers, thereby en-
deavouring to get the parish into difficulties in order to
avoid The payment of any rate.
Mr. Burgess said that if the case was not to be con-
sidered upon unconditional terms he should request that
it might be adjourned until a tuture day.
Mr. Wm. Dunn, treasurer to Mr. Bunn, late lessee
of the theatre, proved that he had had demands made
upon
proprietors him by
foerrso
trhe. rate on the part of
Mr. Bodkin—You never asked the witness that
ir. Williams
o f
question.
t
Mr. Dunn—lt was during the late lease, but by the
instead
former lease, Mr. Bunn was bound to pay the taxes
through the trustees.
Mr. HALL—You ought to have the leases here, as it
would be desirable to know the dates of the time you
and Mr. Williams had the conversation.
Witness—lt was about two years back.

After some further discussion Mr. Bodkin said that
when the defendants went to the Special Session they
should have gone to the Quarter Sessions, and appealed
against this liability.

- Mr. Burgess produced the summons upon which the
case had been dismissed, upon the back of which it was
written by Mr. Le Breton, the Vestry Clerk, that the
case was dismissed by consent, as it was understood
that Mr. Bunn was liable to the poor-rates, which be
was to pay within a month.
Mr. Bodkin considered that this memorandum was
ambiguous, and open to either party, for there was no-
thing to justify the Magistrates in determining the case
on that occasion against Mr. Bunn, but against the de-
fendants.

Mr. HALL said there was no doubt that on the 7th of
May the legal organ of the parish had signed the sum-
mons produced, making Bunn liable, although there
might have been a private arrangement made to take
his word for the payment within a specified time.
Mr. Bodkin—That was impossible, for Mr. Bunn
was not present. _

Mr. Burgess said that he had attended to oppose the
summons then as he did on the present occasion, net for
Mr. Bunn but for the trustees.

Mr. HALL-It has been admitted on all hands that
there was a subsequent lease.
Mr. Bodkin begged to draw the attention of the
Bench to that lease, as the trustees reserved to them-
selves the power to put even their servants into the box
to receive their money if they thought proper, and they
also had a right to certain parts of the theatre on all
occasions, which showed they were occupiers, and they
should have gone, when the case was tried at the Ses-
sions, to a competent tribunal, where they could not by
any technicality get rid of it.
Mr. HALL said that when the case was before the
Magistrates on that occasion they took the same view
of it that he did.

Mr. Bodkin submitted that the parish ought not to be
defrauded of the support for the poor ; and although
the summons had been dismissed, it did not prevent
the authorities from bringing it forward again before
another tribunal.

Mr. HALL—I do not consider it taking too much
upon myself to say that the summons has been signed
by the authorised and legal organ of the parish making
Mr. Bunn liable to the rate, which showed that the
proper authorities knew they had summoned the wrong
party, and under such circumstances the case is dis-
missed.

It was understood that a mandamus would be ap-
plied for by-the parish authorities.

THE PARSON AND THE POOR•
RATE-EXTRAORDINARY PROCEEDINGS.

At the last meeting of the Bench of Magistrates at
Croydon, the Rev. Mr. Courtney, the Rector of
Sandhurst, and who is also a Magistrate for the
county of Surrey, attended before Messrs. Warington
ac,d Adams, the presiding Magistrates, to support an
appeal made by him against the poor-rate of the ahove
parish.
Mr. Courtney, addressing the Court, said that it was
with very great reluctance that he came forward as an
appellant against a poor-rate, and he should not have
done so, but that he felt that he was very much over-
assessed. It was almost_ unnecessary for him to say
that although he had the honour of occasionally pre-
siding with them, he was quite sure that the
Magistrates would only deal with his case az-
cording to its merits ; and if the Bench expressed
the least opinion that he was wrong in his
opposition to the rate, he would immediately bow to
their decision and not take any further steps in the mat-
ter. In his opinion, however, the matter was so very
simple, and it was so evident that he was over-assessed,
that he felt convinced that the Magistrates would re-
him. The Rev. Gentleman then proceeded to
state that his rectory house and land had formerly been
rated at 401., but upon the last assessment it had been
raised to 901. as the rateable value. He had been pre-
vented by illness from appealing against the first rate
made upon that assessment, and he had plid it ; but he
took the opportunity of appealing against the present
rate. His property consisted of a- rectory house and
about eighteen acres of land, which he must admit was
very conveniently situated, but still it was very
much over-rated.

Mr. ADAMS said the Bench had nothing to do with
the convenience or inconvenience of the premises. The
only question was, what was the amount at which they
might reasonably be expected to let.
Mr. Courtney then called Mr. Robert Russell, one of
the overseers, as a witness.
Mr. ADAMS said this course could not be taken. An
overseer could not be called upon to give evidence against
his own rate.

Mr. Courtney—l only want his opinion.
Mr. 'ADAMS—The Bench has no right to ask his opi.
nion, or to act upon it. . .

Mr. Courtney—Well, then, the case must go upon
my statement.
Mr. ADAMS—The Magistrates cannot take a state-
ment for anything. They can only act upon evidence.
Mr. Courtney, in a very angry tone—ls my word
upon the matter, whea I say that I am over-rated, to go
for nothing.
Mr. ADAMS—Your word is as good as any other
gentleman's, but the Magistrates cannot decide that your
assessment is too high, unless you produce evidence to
satisfy them of the fact.
Mr. Courtney—Then as I have no witnesses, I
think the parish officers ought to call Mr. Gledwin, the
Surveyor, and give me an opportunity of cross-exami-
ning him.
_ _

Mr. ADAMS—Certainly not. Such a proceeding would
be quite irregular and improper, and while I have the
honour of a seat at this Bench I will never
give my sanction to any proceedings of that
description. No case whatever had been made out
against the rate, and therefore the Magistrates had no
right to call upon the parish officers to produce evidence
in support of it. The surveyors of the parish had as-
sessed the value of the premises at 1071., and as no
evidence had been adduced to show that they were not
of that value the Magistrates were bound to consider
the valuation a correct one, and to enforce it, the more
especially as one rate had been paid without any appeal.
Mr. Courtney, very angrily—l have explained how
that arose. Am I to boy debarred of my rights on that
account ?

Mr. ADAMS—The Bench have no desire to debar
you from your rights, but they are bound to see that you
obtain them legally. You should have brought proper
evidence.
Mr. Courtney—l think that my opinion that lam
rated too high is sufficient.
Mr. ADAMS—Your opinion goes for nothing.
Mr. Courtney, who by this time appeared to be vety
much excited, exclaimed that he asked for no favour and
would not accept of any.
Ultimately the Bench deferred their decision for a
week to give the Rev. Gentleman an opportunity of pro-
ducing evidence.

SUPERSTITION OF MR. AND IVIRS. COUTTS.
—But the most striking evidence of her superstitious
prejudice used
to cause much wonder among the guests
of the rural totes there—and this was presented on the
steps at Holly Lodge, which, from the lawn to the hall
door, are composed of beautiful blocks of white marble,
that a statuary might envy—but the highest step is
disfigured by two rusty, old, broken horse shoes fastened
to it, which she and Mr. Coutts (who was likewise
superstitious) had found in the road ; and they had
caused these hideous bits of rusty iron to be nailed on
the threshold to avert evil, and bring good Me-
moirs of the Duchess of St. Alban's.