The Sun.
London, England, 1865-07-08 00:00:00

MIDDLESEX SESSIONS-July 7.

The July sessions for criminal business wore continued
~o-day at Clerkenwell, before Mr. W. H. Bodkin, Assistant-
Judge ; Mr. J. Payne, Deputy Assistant-Judge, Mr. Kepp,
Mr. H. H. Harwood, Mr. Rankine, Mr. Twentyman, Mr.
Goodhart, Mr. France, Mr. Booking, Mr. Charles White,
and the Baron de Bliss, justices.
The Assistant-Judge was occupied for several hours in
trying a prosecution for keeping a disorderly house, in which
the parties charged were a licensed victualler, with 13 years'
good character, and his barmaid. The evidence failed to
show any receipt of money for the mere use of rooms, or any
female lodgers in the house, or any disturbances by persons
of either sex. The affirmative issue was supported by two
witnesses who deposed to witnessing conduct on the part of
visitors which other witnesses proved it was physically
impossible for them to see.
Tho jury, after intimating that their minds were made up
to acquit before the summing up, listened attentively to the
learned Judge, and then retired, as they were not unani-
mous, but in a short time found a verdict of not guilty.
Public attention has been recently called to the fact that
parishes, if once set in motion by formal complaint, must
pay £2O, under an old act of Parliament to the complain-
ants, and that the persons accused may be taken on a war-
rant and held to bail to answer the charge without any
notice, and without knowing the name of a single witness
who will be called or the circumstances which will have to
be explained. One woman thus accused had mot with an
accident from the kick of a horse, and was compelled to un-
dergo a painful operation for the removal of a dead bone.
The warrant issued, and a constable remained inher house
to prevent her absconding, as she was too ill to attend and
give bail, and it was stated that his very close supervision
of the sick person was only relaxed upon the suggestion of
one of the metropolitan magistrates. In this case, the
Assistant-Judge very properly allowed the accused, on
pleading guilty, to enter into sureties to come up for
judgment if called upon. A number of persons tried on
similar indictments at the last sessions, and imprisoned
since that date, were also liberated ; but several have to
surrender for judgment at the next sessions, on the 17th
inst. The Assistant Judge, since public attention has been
directed to the subject, has intimated his opinion that in
future notice should be given to the persons to be accused
before a prosecution is instituted, and that the names of
the witnesses as well as a copy of the indictment should
be supplied to the defendants. The right to a preliminary
inquiry before a committing magistrate cannot, it appears,
be conceded in ,the present state of the law. But magis-
trates at the police courts might, and it is believed will in
future, require a prima facie case to be disclosed upon de-
positions, as in cases of far less importance, such as charges
for obtaining goods by false pretences or stealing articles of
trifling value. Mr. Metcalfe, Mr. Cooper, Mr. Ribton, Mr.
Poland, Mr. Besley, Mr. F. H. Lewis, Mr. Collins, Mr.
Montagu Williams, Mr. Starling, and Mr. W. R. Harris
were the counsel engaged.

(Before Mr. Payne.)
George Spencer, a salesman in the service of Charles
Powers, miller, of Biggleswade, pleaded guilty to a charge
of embezzling several sums of money—viz., £l4 10s., £l5,
and £l4 10s. There were other indictments, but it was
considered unnecessary to proceed with them.
Mr. Poland, for the prosecution, stated that it was the
duty of the prisoner to take orders in or about London, to
receive the money for the goods when delivered, and to pay
the amounts into Messrs. Barnett's bank in the city, and
then to send an account to his master of the money so re-
ceived. The prisoner, it appeared, Ikadreceived the money,
but had not accounted for it in any way. When he was taken
into custody he stated that he was endeavouring to make
arrangements with his brother to pay the money. On

Cross-examined by Mr. Sleigh—lnever saw the defendant
in the room.

Mr. Sleigh contended that there was not a tittle of evi-
dence as to the defendant being cognisant of whatevermight
have been carried on on his first floor. He did not live in
the house. He had certainly let the room to the defendant;
but, as the agreement would show, it was let as a loan
office.

Mr. Alderman Phillips said—l confess that I have not
tho smallest doubt in my mind that the room was let for an
illegal purpose, and that the defendant knew that there was
betting going on. I shall fine you £lO, and you must pay
the costs.

Mr. Poland asked that the other summonses against the
defendant might bo adjourned sine die, in order that if the
practices complained of were continued they might then be
proceeded with.

Mr. Sleigh asked for the summons against Miller to be
adjourned, and his recognisances taken that he should dis-
continue the practice, which he was very willing to enter into.
Mr. Alderman Phillips—I cannot think of fining Smyth
£lO, when he was only guilty of letting the room, and ad-
journing Miller's summons, when in fact ho was the tenant,
and carried on the business of which complaint is made.
Mr. Miller then, acting under the advice of his counsel,
pleaded guilty.

Mr. Alderman Phillips fined him £2O with costs.
Mr. Edmund Appleyard, of 88, Farringdon-street, then
appeared to a summons similar to that of Mr. Smyth. He
pleaded not guilty, and in consequenceof a mistake as to a
date the summons was adjourned.
Mr. Robert Leo pleaded guilty to keeping a betting-
office in Mr. Appleyard's house, and his sentence was de-
ferred until Mr. Appleyard's summons was decided.
Mr. Frederick Potter then appeared to his summons for
allowing betting to take place in his house.
Evidence was given by two officers that they had entered
the defendant's house, the Pewter Platter, in Gracechurch-
street, and been witness to batting on each occasion in the
public rooms. There were men seated at the tables who
took and booked money as bets.
Mr. Alderman Phillips, after a patient hearing, fined the
defendant £2O and costs.

Mr. Beard, for the defendant, gave notice of appeal.
Mr. Philip Powter, of 87, Farringdon-street, also pleaded
" Guilty" to keeping a room as a betting-office, and was
fined £2O and costs.

The other cases wore then adjourned.

CLERKENWELL.—JamesIanus, police-constable,
86 S division, stationed at the Kentish-town Police-station,
was charged before Mr. Barker, with unlawfully assaulting
and beating Mrs. Harriet Elmore, of 5, Rondolph-street,
Camden-town, on the 23d ult.
Mr. L. Lewis prosecuted ; Mr. Wontner defended ; and
Mr. Henry Allen, prosecuting officer of the Associated
Institution for Improving and Enforcing the Laws for the
Protection of Women, watched the case.
Mr. Lewis, in opening the case, said that as he under-
stood there was to be a conflict of evidence ho should ask
the magistrate to send the case for trial.
The complainant said—On the day in question, at about
half-past 3in the morning, I was in the St. Paul's-road with
my mother, returning home from attending a sick cousin,
who has since died. As I passed the defendant he said " Good
morning," and my mother answered him. He followed and
took hold of my mother, and afterwards he took hold of me
by the arm rather roughly. My mother told him to take
his hands off, and he said, "I am not the first man who
has laid hands on you to-night, and you are no better than
you ought to be." I had a sharp struggle to get away from
him, and my arm was bruised and my dress torn. I had not
spoken to the defendant nor to any man on our way home.
Cross-examined—l might have stated that the defendant
had been drinking. I saw the defendant at the police station
on the Saturday following, but I did not then say that be had
been drinking. We both said that if the defendant would
apologise we would forgive him, but he said, "There is none
needed." We will not now accept his apology, as he has
said that he had seen me out with some drunken men.
Mrs. Elmore said the complainant is her daughter, and
on the day in question the defendant took hold of her arm
and trode on her foot. While she was doing up her boot
the defendant insulted her daughter by taking hold of her
by the right arm. She resisted very much, and in the
struggle her dress was torn. The defendant insulted my
daughter, and said that he was not the first man that had
put his hands on her shoulders that night. She did not say
that the defendant was drunk, though she thought he had
been drinking.

Mr. Wontner said that no one regretted more than his
client that he should have mistaken the young lady for some
one else he had seen that night, but he wished now to
withdraw all imputation on her character and make an
ample apology for what he had said under mistake.
Inspectors Stratford and Millard gave the defendant a
good character, and said that he was perfectly sober.
Mr. Barker said he considered the defendant had behaved
very ill in the matter, and fined him 40s. and the costs,
with the alternative of 21 days' hard labour in the House
of Correction.

THE GREAT WESTERN FACTORIES AND OXFORD.
—lt was generally anticipated that the Great
Western Railway Board would have come to a decision as
to the removal of their works to Oxford at their meeting on
Thursday last, but it appears there was so much business
to be done that the subject was Postponed for a week. As
the Board, however, had satisfied themselves that the
works and dwellings for the artisans will be in a healthy
and suitable locality, there appears to be no doubt that
they will adhere to their original arrangement to move the
works to Oxford, in spite of the vexatious opposition
offered by certain members of the University.
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digestion.. They render every organ of secretion healthy.
The admirable antidotes to disease act immediately on the
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they invariably give energy, tone, and vigour to all the
natural functions of life,

_dIGENCE.—JuIy
---
GUILDHALL.--Tomas Smyth, keeper of a beer and
refreshment house, 93 Farringdon-street, was summoned
before Mr. Alderman by Alfred L. Foster, super-
intendent of the City Police, for that. on the 2d of June last,
being then the occupier of such house, he did unlawfully
permit a room in his base to be used for the purposes of
betting on certain horse races, whereby he had incurred a
penalty not exceeding £lOO.
There were four summonses against Smyth, four against
John Miller for unlawfully using a, room in Smyth's house
for the purposes of betting, six against Fred. Potter, the
landlord of the Pewter Plate in Gracechurch-street, for
knowingly allowing betting in his house, six against Wm.
Shee (alias Biddle), others against men named Madden,
Calder, Philip, and Powter; for against R. Lee, one against
E. Appleyard, and eight against Wm. Box.
Mr. Poland prosecuted; Mr. Sleigh defended Smyth and
Miller ; Mr. M. Williams was counsel for Powter ; Mr.
Lewis, jun., for Lee and Appleyard; and Mr. T. Beard for
Madden, Potter, and Shea.
William Berridge said—l am a polie,e-constable. I went
to the defendant's house in company with another con-
stable, on Wednesday, May 29. Smyth's nephew, Alfred
Greystone, carries on the refreshment business, and Smyth
lives in the country. I went into a room on the first floor.
There is a ground glass window about half the size of the
door, on which is written J. Miller and Co. I went in
and saw several men them, and in a kind of office adjoining
the room there were two bookmakers. The room is fitted
up as an office. The bookmakers were seated at a little
window, where they received and booked the money. The
door was wide open. There was a notice up that not less
than 10s. would be received. I saw several bets made in
the room on that occasion. I went into the house again on
Thursday, June luabout 1 o'clock, and again saw the two
bookmakers, and several betting lists, and cards containing
the odds against the different racehorses. I saw one man
bet 10s. on Breeze for the Grand Stand Stakes. It was
paid over to the bookmaker and entered in his book. I
went again on Friday, June 2, about half-past 12. There
were about 10 or 12 men in the room. I saw one man stake
10s. on Reindeer. I went twice after that, and saw the de-
fendant one day behind the bar. Miller's name is not on
the doorpost outside the house, but only on the glass door
of the office.