The Sun.
London, England, 1862-10-21 00:00:00

SURREY SESSIONS, Oct. 20.

The October adjourned sessions for the county of
Surrey commenced this morning at the Sessions
House, Newington-causeway, before J. E. Johnson,
Esq., Chairman ; Thos. Tilson, Esq., Deputy-Chair-
man ; Col. M'Dougall, and R. Phillips, Esq.
On the names of the grand jury being called over,
two of them were told that they were fined for non
attendance on the last sessions. One of them, Mr.
Lane, said he was a solicitor in practice, and at the
last sessions was in the performance of his profes-
sional duties at Birmingham. He also claimed ex-
emption by reason of a rectnt act of Parliament.
The Chairman told him he was excused, and he
should advise him to see that his profession of soli-
citor was entered on the jury lists. He would thus
avoid being summoned for the future.
The other gentleman was Mr. Mills; he claimed
exemption for being upwards of 60 years of age.
Mr. Tilson told him he was excused, but as long
as his name was on the jury list he would be liable
to serve. He advised him to see that his name was
struck off on the next occasion.

The grand jury having been sworn, the Chairman
addressed them, briefly telling them he was sorry
that there were 12 more prisoners for trial than
there were at these sessions last year. He did not
think distress had caused the increase, as the gaols
were almost empty in Lancashire, where distress so
much prevailed. The charges were, however, of no
complicated nature.

NEW COURT.
(Before J. E. Johnson, Esq.)
Cornelius Gardiner, 16, a respectable-looking
youth, was indicted for embezzling 12s. Bd., and
other sums, the moneys of the London and South
Western Railway, his masters.
It appeared that the prisoner had been in the rail-
way company's employ about three years, and was
lately tr,nsferred to the Wandsworth railway sta-
tion as booking-clerk. It was his duty to issue
tickets to the customers, according to certain num-
bers, and account for the money paid for them.
Some discrepances were found in the accounts
lately, which caused an investigation. Mr. Charles
Harvey, of the company's audit office, discovered
that he had sold tickets on several days which he
had not accounted for, and, with the view of evad-
ing discovery, he numbered these tickets differently
to what he would have done.

A great deal of evidence was gone into, and
Mr. Oppenheim addressed the jury at some
length, but
A verdict of guilty was returned.
The Chairman sentenced him to 12 months' hard
labour.

William Stokes, 18, pleaded guilty to embezzling
various sums of money, the property of Edward
Carruthers.

The prosecutor is a cornchandler, at Wandsworth,
and the prisoner had been a short time in his em-
ploy. He was sent out with goods to customers,
and it wa a part of his duty to collect money at
timeq. About a month ego he absconded, taking
various sums of money, and three weeks ago he was
apprehended by Syrett, of the V division.
The learned Chairman sentenced him to 12
months' hard labour.

Sarah Forsey, 25, was indicted for stealing 18
silver spoons and other articles, the Property of
Emma Shore, her mistress ; also with stealing £2
10s., the property of another person.
Mrs. Shore, a widow lady residing at Albert
Cottage, Camberwell-road, said that in March last,
the prisoner was in ber service, and she absconded
in a very mysterious manner. It was then dis-
covered that the plate chest had been robbed of the
whole of the silver plate of considerable value. In-
formation was given to the police, and she heard
nothing more of the prisoner until the last day of
September, when she saw her in custody, and some
of her property was found.
Mrs. Mary Ann Jackson, residing at Montpelier-
road, Peckham, said the prisoner paid a visit to her
house on the 21st of July, and when she quitted on
the following day she missed £2 10s. from her
drawers.
The prisoner pleaded guilty, and was sentenced to
18 months' hard labour.
Joseph Hartwell. 27, pleaded guilty to stealing
and embezzling 15s. 3d. and other sums, the pro-
perty of Hugh Ellis, his master, at Bermondsey.
The prosecutor is a milkman, and the prisoner had
been some time in his employ as carman. It was
his duty to carry out milk to the wholesale custo-
mers, and account for the money daily. He had
converted to his own use several pounds, when his
defalcations were discovei esi, and he was given into
custody.
The Chairman sentenced him to 18 months' hard
labour.

Henry Joseph Frith, 23, pleaded guilty to em-
bezzling various sums of money, belonging to his
master, Mr. Henry Myers.
The Court sentenced him to 12 months' hard
labour.

Frederick Biddle, 25, was indicted for stealing at
Nor wood a leaden pump, the property of his Grace
the Archbishop of Canterbury ; other counts laid it
as the property of the Ecclesiastical Commission.
Mr. O'Connell prosecuted, and Mr. Thomson de-
fended the prisoner.

Robert Webb, police-constable 130 P, said that
about 10 o'clock on the night of the 30th ultimo he
was on Weston-hill, Norwood, when he saw the
prisoner coming from the direction of Grove-lodge,
one of the residences of the late Archbishop of Can-
terbury. He watched him, and saw him enter the
shop of a greengrocer named Hunt, who was for-
merly a marine store dealer. Witness entered and
asked Hunt what the prisoner had brought, when
he pointed to the leaden pump produced.
Police-sergeant 29 P said he had charge of Grove-
lodge and all the property adjoining. He knew
the pump in question, and had seen it safe in the
course of the afternoon of the 30th ult.
Other evidence having been given, Mr. Thomson
addressed the jury for the defence, when
The jury returned a verdict of guilty..
The Court sentenced the prisoner to six months'
hard labour.
wilt to em-
John Baxter, 18, baker, pleaded g
bezzling several sums, the property
of his master,
Mr. Henry Rowley, of Camberwell.
The prosecutor said that the prisoner had only
been in his service about a fortnight, when he as-
certained that he had appropriated several sums to

his own use, which he had received from the cus-
tomers, and then he absconded. Hc- was afterwards
taken into custody at Dundee, where he had ob-
tained work.
The ‘Thairman sentenced him to 12 months' hard
labour,

OLD COURT.
(Before Thomas Tilson, Esq.)

Wm. Kitchener, a very respectable looking man,
conductor of a Citizen omnibus, surrendered to an
indictment charging him with stealing a silk hand-
kerchief, the property of Mr. George Roberts, the
landlord of the Cuach and Horses Tavern, Leather-
lane, Holborn.
Mr. Oppenheim prosecuted, and Mt. Lilley de-
fended the accused, who was accompanied by a host
of friends.

The evidence of the prosecutor was that he got
on the defendant's omnibus on the afternoon of the
28th September, in Holborn, for the purpose of pro-
ceeding to the London-bridge Railway Terminus.
He was the last that got off the latter place, and on
walking a few yards he missed his handkerchief.
He recollected leaving it under the seat. He returned
to the omnibus, and saw the prisoner on the top,
with his handkerchief in his hand. He refused to
give it up, and in fact denied having it, when wit-
ness gave him into custody.
Witness was severely cross-examined by Mr.
Lilley, but he swore positively that defendant had
his handkerchief, showing it to the driver when he
got back, Defendant was searched, but only an old
handkerchief of a similar colour to witness's was
found on him. _ _

Mr. Lilley addressed the jury at some length, and
called the driver, who said that the prosecutor did
not leave his handkerchief on the omnibus. What
the prisoner had in his hand was his old one, which
was found on him.

A number of highly-respectable witnesses were
called on behalf of the accused, who gave him an
excellent character, and the jury acquitted him.

THE SANDYFORD MURDER..

(From the Glasgow Morning Journal.)

The inquiry ordered by the Home Secretary was opened
on Friday by the Royal Commissioner, George Young,
Esq., advocate and Sheriff of Haddingtonshire, in the
chambers of Sheriff Sir A. Alison, County-buildings. Mr.
Young arrived in the city on Friday forenoon, and, after a
conference with Sir Archibald Alison, proceeded, accompa-
nied by Mr. Fiscal Gemmel and Mr. Dixon, one of Mrs.
M'Lachlan's agents, to the house of Mr. Fleming, 17,
Sandyford-place, after a minute inspection of the premises,
returning to the County-buildings. Instructions having
on Thursday last been given that all the witnesses to be
examined should be cited to appear on Friday, the exami-
nation of them was at once proceeded with, in presence of
Mr. Gemmel on behalf of the Crown, and Messrs. Dixon,
Strachan, and Wilson, on behalf of Mrs. M'Lachlan. The
examination lasted till six p.m., and was held with "closed
doors," no one being allowed to enter except those offi-
cially engaged in the investigation. Some of the detec-
tive officers, Mr. John Fleming, senior, Mr. John Flem-
ing, junior, Mary Black or Adams, washerwoman, Stob-
cross-street, and her daughter, the girl Sarah Black or
Adams, George Paton, the milkman, and Donald M'Quarrie,
the milkboy, with ethers of the witnesses examined on the
trial, and all those who have since the trial come forward
with additional items of evidence, were summoned to appear,
and were in attendance.
The examinations and cross-examinations as conducted
on Friday before the commissioner are a sealed book. At
some little pains we have been able to collect the following
authentic outline of the new evidence :
'1 he first witness examined was Mr. John Fleming, ac-
countant, St. Vincent-street. He was under examination
for upwards of an hour. We have no information as to the
nature of the evidence given by this gentleman, or by his
son, John Fleming, jun., who was next examined for close
on an hour. Mr. Stewart, jeweller, residing at 16, Sandy-
fcrd-place, was next examined. His evidence was a repeti-
tion, to some extent, of what has already appeared in our
columns. Mr. Stewart's evidence is important corrobora-
tion of Mrs. M'Lachlan's statement. On the night of the
murder (Friday evening), Mr. Stewart returned to his house
about half-past 10 o'clock p.m. His family had that day
gone down to the coast, and about 11 o'clock he retired to
rest. Immediately thereafter he fell asleep. He was
aroused from his sleep by a scream, as of a person in distress.
He got up and looked around him, but did not examine his
watch. He distinctly noticed that there was about the same
degree of light as when he had gone to bed. It might have
been immediately after he had fallen asleep, but he is cer-
tain it was before 1 in the morning. His reasons for affirm-
ing that this occurred before 1 o'clock will be remembered
by our readers, and need not now be repeated. Mr. Stewart's
impression at the time was that the scream which awoke him
proceeded from Mr. Fleming's house, and immediately on
hearing of the murder he associated the two. When the
murder was discovered he informed Mrs. Stewart that if
the truth would ever be made known as to when the first
blows were struck, it would be found that this was not at 4
o'clock, as represented by old Fleming, but some time be-
twixt 11 and 1 o'clock.

After Mr. Stewart a witness named Miss Mary M'lntyre,
a dressmaker, was examined. Her evidence, as will be seen,
is of vital importance ; and, taken in connection with Mr,
Stewart's, and the evidence of Mrs. Walker and Miss Dykes
(with which our readers are familiar), seems to place beyond
question that Mrs. M'Lachlan has told the truth when she
stated that she was not iu Mr. Fleming's house when the
first wounds were inflicted on the deceased.

Evidence of Miss Mary M'lntyre, milliner and dressmaker,
77, Port-street, Cranstonhill.

I was in the habit of sewing in the house of Mrs. Service,
8, Sandyford-place. I had been sleeping there at night for
some time while the family were in London. They returned
on Thursday, July 3 last. I was sewing in the house of
Mrs. Service on Friday, July 4, and on the following Satur-
day, Monday, and Tuesday. I slept in the hauso during
that time. After my sewing was done on the Friday I went
down to my house in Port-street to see my brother about
some business he had been engaged on during the day. I
left Mrs. Service's house for the purpose about 9 o'clock,
and, after being some time in my own house, I set out to
return to 8, Sandyford-place. I went ap Elderslie-street.
At Cranstonhill-street there is a spirit shop, which, as I
passed, I observed had just closed, as I saw under the door
the lights still burning within. This attracted my attention,
because I had not thought till I saw this that it was so
late, and by this circumstance I saw that it was after 11
o'clock. This spirit shop is on the south of the Dumbarton-
road. I usually take about eight or ten minutes to go from
my house to Mrs. Service's. I went straight up Elderslie-
street. When I came near to the lane behind Sandyford-
place, I saw Mrs. Walker and Miss Dykes, both of whom I
was familiar with by sight, standing at the close mouth
near the lamp upon the pavement. As I was near the corner
of the lane, and just at the small shoemaker's booth on the
west side of the street, a little south of the mouth of the
lane, I saw a woman go into the lane. She came down the
street from the east corner of Sauchiehall-street, and turned
round quickly into the lane. At the same time a gentleman
passed her and looked hard into her face, and then held
straight down the street. The woman had on some light
grey cloak or shawl, but I can't say as to her bonnet or her
gown. When I came up to where Miss Dykes and Mrs.
Walker were standing, I heard them remarking on the
woman who had gone along the lane. I heard them say
the words—" In there at this time of night," which I
understood to mean that they were wondering what she
was that went in there at that time of night. It passed
through my own mind at the time that they would perhaps
wonder what I was doing, or who I was, out at the same
hour. I passed close by them, and went round the corner
into Sauchiehall-street, opposite Sandyford-place. I was
walking rapidly, and arrived in a minute or two at the
carriage entrance leading into Sandyford-place, nearly oppo-
site Mr. Fleming's house, No. 17, Sandyford-place. There
were two or three ladies and a gentleman with them, and
also two young men, all standing at the opening, talking
of something that had attracted their notice. As I came
up, one of them said, " I heard —," but I cannot say
what it was that the person speaking said had been heard
by.them. I understood that it was something that had
struck them. Another person of the party said, " I think
it came from that house where the light is," pointing up
to a house where there was a light in the front area win-
dows. I think there was no light but in the area, and no
light in the houses in each side of the one in question. The
house the light was in I am quite sure was No. 17. I
went back repeatedly since ; and, from examination of the
place, lam sure it was No. 17. The light came through
white blinds. I stopped to listen, but I did not hear any-
thing, and the ladies went on towards Charing-cross,
slowlyßl-c esc en .
but I
faonldlowtehde
tthweom ywouneatgwairndr
wtaolwkainrdgs
I had just gone a few steps, when just opposite No 17,
tohyear
I heard something which made me stop again. It was
a distinct moan, as of some one in great distress. It
came, I think, from those lighted windows. I thought
so at the time, and at first I half thought of going up
to see what it was ; but from the character of the sound
I was a little frightened, and instead of going up went
straight on to Mrs. Service's. The sound I heard was a low,
wailing moan, as of pain ; and although it was not long
continued nor repeated, it was quite distinct. Atter I had
stood for a minute, I went on, and Mrs. Service let me in.
I mentioned the circumstance on Monday night to Ann
Campbell, Mrs. Service's servant, when some one came in
with news that there had been a murder in Mr. Fleming's,
in No. 17. I said, when I heard this, that if the murder had
taken place on Friday night, I would have said that it was
what I had heard at No. 17 on that night. I mentioned the
matter frequently after that, before the trial and after it,
but I did not think it of any consequence to mention it to
C
the authorities. After I mentioned it to some friends, I
was strongly advised that it was my duty to state all I
Campbell
Monday ell that
and she
remembers
ascertained from Ann
conversation on
Tuesday I had with her on the matter. She was examined
e
before Mr. Young regarding what I have stated to .day.
My brother David, and also two servants of Mrs. Service's
sister—Mrs. Macfle—were plesent on the Monday night
when I mentioned what I had heard; but these servants