The Sun.
London, England, 1862-12-17 00:00:00

THE TICKET-OF-LEAVE SYSTEM.

Mr. Justice Mellor, in the course of his charge
to the grand jury, said he thought the system of
tickets-of-leave had been subjected to undeserved
censure, and that the practice of granting such in-
dulgences gave prisoners an opportunity of reform-
ing their habits. He expressed his opinion as in
his charge to the Worceste:shire Grand Jury last
week, that the reformation of convicts after they
had attained a certain age was hopeless. The ticket-
of-leave system was based upun the idea that if a
man was sent to penal servitude he might by habits
of self-restraint, by good conduct, and by conform-
ing with the prison rules, get a remission of part of
his sentence, and the expectation was that the pri-
soners might carry the habits of discipline and self-
control to which they had been used away with
thlrn. Supposing that no hope of remission was
p;aced before their criminals, they would probably
be indifferent how they behaved, unless compelled
by other consequences to conduct themselves pro-
perly. Although the hope of a ticket-of-leave ope-
rated upon the mind of the criminal, and induced
him during the time he was in prison to cultivate
habits of self-restraint and self-control, yet he
was far from saying that it was a successful ex-
periment. His own experience went to show
that after a certain age reformation became
hopeless, and it was those criminals who, if sent
abroad, might, under new scenes find some in-
ducement to change their mode of life. He added
that the ticket-of-leave system was a great problem

that the attempts that had been made to solve it
had not been successful, It was the experience of
most persons that a sentence of 16 or 18 months'
imprisonment was often more severely felt than
three or four years of penal servitude.
THE CIRENCESTER MURDER.—The Grand Jury
in the course of the day returned a true bill against
Wm. Mealing, charged with the murder of Sarah
Moss, of Rendcombe, near Cirencester. The trial
was fixed for to-morrow morning.

MIDDLESEX SESSIONS, Dec. 16.

(Before the Assistant-Judge.)
Thomas M'Cairns, 19, servant, William Wallis,
18, waiter, and George Butt, 18, waiter, were in-
dicted for stealing in the dwelling house of Alder-
man William F. Aden, a silver teapot and other
articles of silver plate, value .£250, his property,
the said Thos. M'Cairs being the servant of Alder-
man W. F. Allen,
Mr. Cooper prosecuted ; Mr. Warton appeared for
M'Cairns, the other prisoners were undefended.
Geo. Seymour, police-constable 311 S, stated that
on the night of Nov. 20, about a quarter before 12
o'clock, he found open the area door leading to the
kitchen of Mr. Alderman Allen's house, 6,
ld see it as he
Peters-
ham-terrace, Kensington. He c6:2
walked along the pavement, and he got assistance
and entered the house. In the butler's pantry he
found the plate chest and cupboard open and the
plate strewed about. He proceeded to make a search
of the house, and on going to the back bed room he
found M'Cairns with his hands and feet tied toge-
ther lying on his left side on the floor, and a large
white cloth tied tightly round his head. Having
removed the cloth he found the handkerchief pro-
duced pushed into his mouth. On asking him how
he came in that condition, he said he was waiting
for the butler, who was out; and hearing a noise as
of men breaking into the house, he armed himself
with a sword stick to meet them. Shortly after-
wards he met two men, and having accosted them
one of them struck him a violent blow on the chest,
and the two together succeeded in gagging him and
tying him as he was found. He pointed to a fan-
light over a side door leading to the back area, and
he said they had made their entrance that way. He
said he had locked the front door, but that they had
got in after 11 o'clock. When the butler came
home Mr. Allen was called. When witness passed
the house at 20 minutes past 11 o'clock the area
door was shut, and there was a light in the front
kitchen. When he returned at a quarter before 12
o'clock the light was gone, and the area door open.
There were no marks of violence on the area door,
and it must have been opened in the usual way.
Inspector Cross, T division, said he examined
Alderman Allen's premises at a quarter-past 12 at
night, in consequence of his attention having been
drawn to them. He found the fanlight over the
side door in the back area was open, and the cord
was broken. There was a gimlet in the fan-
light outside, but no violence whatever had tiPen
used, and it was then quite evident that the cord of
the fanlight had been broken by some one inside.
There was no trace of any one having got over the
wall. The back area door was locked. He was
satisfied that no person had got in at the fanlight,
from dust that was still remaining, and the general
appearance of it. He found that a cupboard had
been broken open which had contained glass, and a
portion of the broken lock was on the table. The
day after, the prisoner (M'Cairns) said he found the
file now produced in the cupboard.
Wm. New said he was butler at Mr. Alderman
Allen's, of No. 6, Petersham-terrace, Kensington,
where the prisoner M'Cairns was footman. He
(M'Cairns) had been there about six months. On
Thursday, Nov. 20, he went to the theatre, and left
M'Cairns in charge of the house during his absence.
The plate closet was also left in his care, he having
received the keys of it before the dinner was served.
On his return from the theatre he found that all the
silver plate, except three articles, was gone. The
teapot, sugar tongs, and other articles produced, be-
longed to his master, and he valued the plate taken
at £250. The house ought to have been shut up
before 11 o'clock. He told M•Cairns on the Tuesday
that he was going to the theatre on the Wednesday,
but as M'Cairns said he wanted to go out on Wed-
nesday, to oblige him he put it off until Thursday.
He had frequently seen the other prisoners at his
master's house. He found the key in the plate chest,
but it ought to have been in the pate closet.
Elizabeth Love stated that she was cook in Mr.
Alderman Allen's house, and on the 20th of Novem-
ber the prisoner Butt came to the house and had
supper there. He left about 10 o'clock; but during
the time he was in the house he was with M'Cairns

in the pantry.
Samuel Jacobs said he lived at No. 5, Park-side,
Knightsbridge, and is a jeweller. On Wednesday
night, November 19, Butt came into his shop and
asked him to buy a ring, which he tried, and fonna
it was only brass. He then asked if he would
buy some silver, and he told him that he would.
He inquired the price that he would give, and he
told him he would give ss. 6d. per ounce for it.
He then asked him if he would buy £2OO worth,
and, on being told that he would, Butt said that if
he bought it he must not put it into his window for
show, but must melt it down. He made an appoint-
ment to come with it on the Thursday night, but he
did not come. On the Friday he was absent from
home, but from what his wife told him he went to
the station-house and returned with a policeman.
The policeman waited outside, and he found Wallis
and Butts near his shop. That was about 2 o'clock
in the day. The prisoner Butt entered the shop, and
taking the silver teapot produced from his pocket,
asked witness to weigh it. He did so, and then
Butt left the shop, returning almost immediately
with a sackful of silver plate. He weighed it, and
it was upwards of 400 ounces He then called in
the police-officer, and both prisoners were taken
into custody.
Alexander Williamson, police-constable 133 B,
said from information he received he watched Mr.
Jacob's hcuse on the 21st Nov., and he saw Butt go
into the shop and offer a silver teapot for sale, and
he was afterwards followed by Wallis, who had a
sack of plate. He saw them go into a back parlour,
and he followed them in. He said that he was a
police-officer, and that he should take them into
custody. On searching the prisoners at the station-
house he found on the person of Butt a piece of a file
(produced), and on comparing it with the piece
found by Inspector Cross in the plate cupboard, it
exactly corresponded with it.
Fredk. Williamson, Inspector of Detective Police,
said he went to Mr. Alderman Alien's house and
saw Mr. Cairns, who repeated the statement he had
made to the witness Seymour. He asked him when
he went out last, and he said on Wednesday night,
and that he went to see a friend named Thurbrun.
After the other two prisoners had been given into
custody he went again to Petersham-terrace and
told M'Cairns that they had got the thieves and all
the property, and he said that he was very glad of
it. He then told him that he should take him into
custody, and charge him with being concerned in
the robbery, to which he made no reply.
Jas. Freeman said he kept the Ship publichouse
in Carnaby-street, Regent-street, and knew the pri,
soners Wallis and Butt, who were brothers, their
real name being Thurbrun. M'Cairns was with
them at his house on Wednesday night, and they
had something to drink together.
Mr. Warton then addressed the jury for the pri-
soner M'Cairns, and said that he was a young man
of unblemished character, and he believed that there
was no part of the statement that he made to In-
spector Cross but what was strictly true, and if
things were to go on in this way it would be no en-
couragement to servants to protect their masters'
property, supposing that in doing so they might be
bound and gagged while resisting a plunderer. It
would be a poor return for their fidelity if they were
afterwards to be charged with felony for having re-
sisted a robbery. He should call some witnesses
who had known him from childhood, who would
give him the highest character for honesty and in-
tegrity, and having done so, he hoped it would have
a proper effect on the jury, and that they would
return a verdict of not guilty.
Several witnesses were called, who gave him an
excellent character for honesty, extending over a
long period.
Wallis said ho was at Mr. Freeman's, and was
not out on the night of the robbery.
Butt, in his defence, said he met a man in the
street, who asked him to sell some plate for him,
and that he would give him £lO for doing so. He
assigned as his reason for not selling the plate him-
self that ho had a former transaction with Mr.
Jacobs, when he sold plate for £25, and he could
only get £2O from him. He also said that the re-
mark about melting the silver came from Jacobs,

and not from him.
The Assistant-Judge summed up the evidence, and
The jury found all the prisoners guilty, recom-
mending them to mercy on account of their previous
good characters.
The Assistant-Judge sentenced Wallis and Butt
to be imprisoned for two years, and M'Cairns to he
kept, in penal servitude for four years.

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CHARGE OF FRAUD AOAINST A

SHIPOWNER.

Yesterday a respectably-dressed mar, nallv•4
George Ruston, described as a shiposs 'no-, residing'
at 37, Spellon-lane, Liverpool, was placed at the bar
of the justice-room, Mansion House,
bef,are the
other
Lard Mayor, charged with conspiring with
persons to obtain by fraudulent representat. ions
£7OO from the Universal Marine Insurance Co.m-
pany, in Cornhill, with intent to defraud them.
The prisoner had been arrested on a warrant,,
emanating from this court, on Saturday evening,
immediately after his acquittal on a similar charge
after trial at the Liverpool assizes before Mr. Com-
missioner Gurney and a jury.
Mr. M'Culloch was counsel for the prosecution,
and Mr. Sleigh for the prisoner.
Mr. M'Culloch said the prisoner was a shipowner
and baker at Liverpool, and in 1860-61 vas the
owner of the ship Joseph Banks. In Deceynber,
1860, the vessel was chartered to take a cargo of
coals from Cardiff to a place called St. Patti .de
Loando, on the coast of Africa, where the charterer
resided. In addition to the cargo, which belonged
wholly to the charterer, the prisoner put on board
some stores on his own account, as it was admitted
he was at liberty to do, worth about £3OO, and upon
NOich he effected an assurance with the Universal
MariOe Assurance Company to the amount of .£lOOO.
The ship was lost on the voyage, and the prisoner
afterwards p:odoced bills of lading for the goods he
had put on board, signed by Captain Bertie, the
master of the ship, and endorsed by himself, for
£lOOO, which sum he obtained from the companY.
Capt. Bertie had recently beet; arrested at Falmouth,
on his return from a voyage, 10;1 would in due time
be brought before the Court. Mr, M'Culloch added
that the charge on which the prieonsez Ruston had
been apprehended had nothing whatevb.r to do with
that on which he had recently been tried and
acquitted at Liverpool.
Some evidence, as a matter of form, was given
on
which to found an application to have the pri.so,:ler
remanded until Capt. Bertie could be brought fi-ona
Falmouth, when the whole case will be disclosed.
Mr. Sleigh, at its conclusion, said the defendant
had just passed through the ordeal of a trial at
Liverpool and been honourably acquitted. fie
feared no inquiry in this mater. On the contrary,
he courted the fullest investigation, and joined lo
the application to be remanded.
The examination was then by mutaal consent
adjourned to Saturday, and in the meansme the
Lord Mayor admitted the prisoner to bail—himself
in £5OO, and two sureties in £250 each.