The Sun.
London, England, 1865-03-08 00:00:00

WESTMINSTER.

AN IMPROPER CHARGE.—Josiah Coller, a carpenter car-
rying on an extensive business in Pimlico and Fulham,was
charged before Mr. Arnold with stealing a half-sovereign,
the money of Francis Atkin. Mr. M. D. Smyth, solicitor,
&fended.

On the 11th of February the prisoner went into the
Albion publichouse, Sussex-street, Pimlico, kept by the
prosecutor, and asked for some liquor for which he did not
_ _

pay, and asked prosecutor to trust him, upon which the
latter said he could not as it was not his wine ; he would
lend him half-sovereign if ho liked of his own. Prisoner
said, " You haven't one," and upon his producing
one from his pocket prisoner snktched it away, and
went off with it. He did not mike his appearance
until a week afterwards. Prosecutor wrote but received no
answer, and went on the next Sunday to the prisoner, who
said he could not do any business on Sunday, but would
call on the morrow and pay the money, and shut the door
in his face. He failed to call ; and the prisoner making his
appearance last night, he refused to pay the money, and
was detained and given into custody for felony.
Mr. Smyth said ho had a most perfect answer, and these
facts were exaggerated, but—

Mr. Arnold stopped the case, and said there was not the
slightest pretence for giving this man into custody. Pro-
secutor had done a monstrous thing in treating this as a
matter of theft ; but as he had taken the responsibility, he
would have to take whatever consequences might arise.
Prisoner was ordered to be immediately discharged.
The prosecutor asked if he had better go to the County
Court ?

Mr. Arnold informed him that perhaps he would have to
go somewhere else for false imprisoning the man.

MARLBOROUGH-STREET.

EXTRAORDINARY CHARGE AGAINST A TRADESMAN.-Mr.
Waldemar Lund, of the firm of Lund and Axmann, 62,
Chandos-street, Strand, workers in gold and ivory, was
charged before• Mr. Tyrwhitt with breaking open a box at
17, Denmark-street, and stealing a piece of bar gold and
£l5 in gold, the property and moneys of Richard Horn, a
German workman in his employ.
Mr. Lewis, jun., of Ely-place, appeared for the accused.
The prosecutor said—l live at 19, Denmark-street, and
am a working jeweller, and was in the employ of the pri-
soner till Saturday last as a working hand, at No. 62,
Chandos-street. The prisoner and his partner owed me
.£25 for wages. Last Saturday I was discharged. I de-
manded payment, but did not get it. All I got was a cer-
tificate of discharge. The prisoner still owes me the £25.
I had a piece of bar gold and £l5 in coin in my room, and
on going home on Monday night last I missed it. I was
told by the landlord that two gentlemen had been to the place
during my absence. I then took legal advice, and spoke
to an interpreter, and last night I gave the prisoner in
charge for the robbery.
By Mr. Lewis—l have been a year and seven weeks in
London. The piece of gold was bought for me by a friend,
but I don't know where. It was bought in little pieces, and
then melted it into one piece in a pot in my room. My
friend did not buy it all. I bought some at Brighton,
and of a man from Brighton. The £l5 was in money.
My wages were 85s. a week. I had not got the
money in gold when I came to England. I saved
it. I borrowed Is. 6d. of a workman a few days ago. The
prisoner lent me some tools, but 1 returned them, not
keeping any of them back. I know the person in court. I
did not tell him that I had kept back some of the tools. I
do not know that a part of one of my employer's lathes was
found in my place. I pledged a coat on Monday morning.
Mrs. Church, tho landlady of the house, 19, Denmark-
street, said—The prisoner and his partner came and said
they had lost something, and went to the prosecutor's
room. They stayed 20 minutes.

Gaspar Calcroff, a German workman, was called by the
prosecutor, but the only evidence ho gave was that the
prosecutor was very poor and always wanted to borrow
money.

Albert Zimmerman, of 19, Denmark-street, merchant's
clerk, said, I bought 12s. worth of gold wire for the prose-
cutor on Saturday last. I don't know where I bought it.
It was the only gold I bought for the prosecutor.!
By Mr. Lewis—The prosecutor told him that he had no
time to buy it.

Mr. Tyrwhitt—l have heard enough of the case.
Mr. Lewis—l wish to call a witness for the sake of the
accused's character.

Mr. Edward Axmann, partner of the accused, said—l am
in partnership with Mr. Lund as workers in gold and ivory,
and we employ about a dozen persons. The prosecutor
was in our employ, but no money was due to him for wages,
and I produce the books. The prosecutor was in the habit

of receiving part of his wages in advance every week,
semetimes 58. or 10s. I should say the prosecutor was a
poor man. We gave him notice to leave on Thursday
last, and tho notice would expire to-morrow. He had
some tools belonging to us at his house, and as he did not
bring them back we went into his room. There was no
gold bar nor gold coins there. We went to look after our
tools and found part of a lathe on the dressing-table. We
were induced to go because the prisoner said he was going
to Amsterdam. The prosecutor's wages wore 30s. a week
from November up to the end of January, and 355. since.

Mr. Lewis—You don't believe, according to his account,
that he had saved £l5 and purchased £lO worth of gold.
Mr. Axmann—l do not. I was informed last night that
the prosecutor had said ho would settle the matter with the
accused for £lO.
Mr. Lewis—l can call witnesses.

Mr. Tyrwhitt—There is nothing whatever in the charge,
and there is nothing to show that the prosecutor ever had
the money or the gold bar. The prisoner is discharged.
Some applause followed the magistrate's decision.