The Sun.
London, England, 1862-11-18 00:00:00

BOW STREET.

THE EXTRAORDINARY CHARGE AGAINST A SOLICITOR.
—Mr, Edward Capel Whit:thurst, of Guildhall-chambers,
Basinghall-street, surrendered on his bail to meet the
charge of inciting a Mr. Rogers to commit an offence of a
very heinous character. _ _

Mr. H. Berkeley, M.P., and Mr. Wyk], M.P., chairman
and vice-chairman of the Ballot Society, were present.
Mr. Sleigh attended to prosecute, and Mr. Lewis ap•
peared for the defence.
Mr. Lewis said the last time this charge was before the
court, it was adjourned to enable Mr. Whitehurst to pro-
cure witnesses to disprove the charge. He should be
able on the present occasion to show that the
letters, which were relied on to make out the offence,
were, in fact, not written in private; but, on the
contrary, were written with the sole view of ascertaining
whether the charge which had been brought by the soldier
against Mr. Rogers was true or not. He should also show
that the subject of arranging a meeting with Mr. Rogers
had been openly discussed by Mr. Whitehurst freely; and
ho hoped after the parties conducting the prosecution had
heard his evidence they would withdraw tho prosecution.
Mr. Currie said—Supposing the whole of the statements
just made were made out, would there not still be an offence
to some extent against Mr. Whitehurst ?
Mr. Lewis sa'd he apprehended not, as Mr. Whitehurst
was only anxious to discover whether the harge brought
by the soldier against Mr. Rogers was true or not.
Mr. James Blyth, managing clerk to Mr. Whitehurst,
produced the appointment book which contained all his
employer's engagements. There is an entry of Mr. White-
burst's for the 30th and 31st Oct. and 3d Nov. The entry
on the 30th is " 6—C. H. Rogers." The figure would re-
present the hour, the other the name. The entry of the
31st is " 6—C. H. R." I saw the entries in the book prior
to the time fixed for the meeting. On the 31st of October I
went to Constitution-hill, about six o'clock. I waited about
ten minutes or quarter of an hour, by Mr. White-
hurst's direction. I was looking for a person wear-
ing white kid gloves, and smoking. No such person
appeared. I reported next day the result of the
business to Mr. Whitehurst. The letters put into my
hands (those received by Mr. Rogers) are all in Mr.White-
hurst's ordinary handwriting. There is no attempt at all at
disguise. They are all posted in districts in which either
Mr. Whitehurst's private residence or place of business is
situate.

beenßy Mr.
take Sleigh—cul firststodyt heard that
thedaya Mr. Whitehurstfterh:wastake had
taken.
.I
went to the police court, but I did not see him until after
the examination. I was outside court this day week, but
not present during the proceedings. I saw the entry
for the Thursday on the day previous. I don't think
the filling up of the name of Rogers is in a
different ink to the initials "C. H. I am de•
cidedly of opinion that the letters " ogers" wero written at
the time the entry was originally made. Mr. Whitehurst
never told me the purpose for what I was to look for a per-
son wish white kid gloves. I merely went to see if such a
person was there. I knew nothing about this matter from
the time I went to look for the person until I saw Mr.
Whitehurst in custody.

Re-examined by Mr. Lewis—Mr. Whitehurst never
showed me his private letters. There was no secrecy about
Mr. Whitehurst when he gave me die ection to go to Con-
stitution-hill.

Beech-street, Barbi-
can. I have known Mr.
IGaemorgaecßlerrkowton—a
canM.l. public
d etwactie2t
Whitehurst about nine years. He is very much interested
in the society with which I am connected, and I have seen
him as frequently as six or seven times in one day. I re-
collect, about the 24th or 25th of October, seeing a report
in the newspapers of the charge brought by Mr. Rogers
against a soldier, and a counter-charge made against Mr.
Rogers. About that time Mr. Whitehurst spoke to me about
the case, he asked me if I had seen it in the papers. I said
I had. He said something to me about diseovering the truth
or falsehood of the matter, and that he intended to help the
innocent party. Ha said he should write a letter or two to
Mr. Rogers, and he would try whether he would keep an
appointment
to a letter offering him what he desired. 1
saw Mr. Whitehurst again the next day, and he then told
me he had made an appointment with Mr. Rogers. I said
to Mr. Whitehurst, " I think you had better drop it, but he
replied, " No, I should like to get to the bottom of it, and I
shall try another letter or two." This circumstance took
place in Mr. Whitehurst's office. I heard nothing more
about the matter until the defendant was arrested.

By Mr. Sleigh—l was in the habit of going to Mr.
Whitehurst's office every day to transact business. lam
not employed solely by Mr. Whitehurst.
By Mr. Lewis—Mr. Whitehurst is one of the committee
of the society to which I belcng, and as such he employs
me. I have 20 or 30 gentlemen in the same positionas Mr.
Whitehurst.

Mr. William Campbell Russell said-1 reside at 13, South
Lambeth, and an articled clerk to Mr. Whitehurst. I re-
collect the charge against the soldier made by Mr. Rogers
appearing in the newspapers. The nature and the evidence
of the matter was discussed between myself and Mr.
Whitehurst during the week immediately after the publica-
tion of the case. On Monday, the 3d of November, I left
the office with Mr. Whitehurst to walk home. I am
in the habit of doing so. l "`I parted with him'
near Coutts' bank in the Strand. It was about half-past
five. He told me before leaving the City that he had an
appointment at six o'clock. I don't recollect whether he
told me where he had to go. It is possible I may have for.
gotten it. I never saw any letters.
Mr. Lewis was about to call Mr. Whitehurst's sister,
when

Mr. Corrio said ha did not think it necessary to call the
lady, as he might as well say that he (Mr. Lewis) had ad-
duced sufficient evidence to satisfy him (Mr. Corrie) that
Mr. Whitehurst did not intend to be a party to the horrible
crime charged against him.

Mr. Lewis said he felt extremely gratified by that an-
nouncement. He had many witnesses, clergymen, officers,
and gentlemen, whom he would call, but after the observa-
tions which had just been made he did not think there was
the slightest occasion to call them. What he had already
adduced would therefore be his defence to the charge.

Mr. Sleigh, in answer to the appeal of Mr. Lewis to with-
draw the prosecution, said he was not in a position to com-
ply with such a request. The learned gentleman then pro-
ceeded to comment upon the letters written by Mr. White-
hurst, which he characterised as of the most foul and filthy
description, and which could only proceed from a polluted
mind familiar with the detestable crime to the commission
of which the defendant had invited the prosecutor. He
thought the defence had been most cleverly conducted by
the defendant himself, and got up by him on the flimsy
pretext that he was anxious to act as a philosopher, or an
amateur detective.

Mr. Corrie said he had already stated his opinion as far
as the principal part of the charge was concerned, and he
entirely agreed to the strong condemnation that had been
passed by the learned gen leman engaged for the prosecu-
tion. Nothing could be more filthy and disgusting. He
(Mr. Corrie) was further confirmed in the opinion he had
come from the evidence that had been given by the witness
Brown, because he positively stated that the defendant
cnmmunicated to him the steps he intended to take in the
matter. If the defendant had really intended fully to
commit the horrid crime imputed to him, he (Mr. Corrie)
thought, after once meeting with Mr. Rogers, as it had been
proved he hed done there would be no further postpone-
ment of the consummation of matters, but the fact that a
postponement was arranged after Mr. Whitehurst had
seen Mr. Rogers, confirmed him (Mr. Corrie) in the view
he had taken, and appeared to be consistent with the asser-
tions of the defendant, that he was only setting a trap to
catch another party. He thought the charge made by the
prosecution to a certain extent had been made out:
but then it fell immeasurably short of the first
offence imputed. The writing of the letters he had
not the slightest doubt was an offence against the laws, and
one for which the defendant would have to answer before
another tribunal. Whatever the letters were written for,
they were of the most detestable description, and although
it might be said that the case only amounted to two per.
sons endeavouring to catch each other, yet he thought Mr.
Rogers, who had very properly placed the matter in the
bands of the police, bad a perfect right to catch Mr. White •
hurst, whilst he had no right whatever to entrap Mr.
Rogers. He was of opinion that the writing of the letters
amounted to a misdemeanour, and an obscene libel, and for
that he should commit the defendant for trial.
Bail was accepted for Mr. Whitehurst, himself in £3OO,
and two sureties in £l5O each.