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

BOW-STREET.

Mr, Edward Capel Whitehurst, of Guildhall Chambers,
City, in Lower Belgrave-place, Eaton-square, solicitor, at-
tended with his bail to meet the charge which had been
made against him by Mr. George Blake Leheup Rogers,
late a cornet in the sth Dragoon Guards, to commit an un-
natural offence.

It will be remembered that at the first examination the
prosecutor, it appeared, in the course of the evidence, had
charged a soldier, named Morris, at the Westminster police
court with stealing his watch, and the soldier accused Mr.
Rogers of a very grave offence. This case was reported in
the newspapers, the soldier being admitted to bail on his
own recognisances, and afterwards the prosecutor received
a great many anonymous letters, one of which it was shown
to have been written by the defendant. All the communi-
cations were handed over to the police, and on the defen-
dant meeting the prosecutor as he (defendant) appointed,
he was taken into custody, near Hyde park, and charged
with the offence. The case was proceeded with last Tues-
day at this court as far as the evidence of the prosecutor
and a person named Malcolm was concerned, the latter of
whom spoke to a conversation he had heard between pro-
secutor and defendant when they met on the evening of
the 22d ult.

Mr. Sleigh said he appeared to complete the case against
the defendant, which was a task of great pain to him, as he
had up to the present time occupied a highly respectable
position in society. He thought the case had been already
abundantly proved, but he would call another witness to
further prove this filthy and disgusting charge.
Mr. Lewis, who appeared for Mr. Whitehurst, said he
wiahed to put an additional question or two to the witness
Rogers.

Mr. Corrie, the magistrate, assented, and
Mr. Rogers then took his position in the witness-box.
In answer to Mr. Lewis he said the charge of robbery
which he had preferred against the soldier (Morris) had
been dismissed.

Mr. Lewis—Wheie you at the Queen and Prince Albert
public-house, at Knightsbridge, on the same night as the
charge was dismissed.

Witness—l was there the night after the charge was dis-
missed. There were soldiers in the room. I spoke to
there. I did not drink with them. I did not give them
drink. I was not hissed out of the house or out of the
street. I have not been to any barracks since. I am
certain I have not been to the barracks of the Blues.
By Mr. Sleigh—There is not the slightest pretence for
saying I have been guilty of any indecent overtures either
on that or any other night in try life with any man. I
went to the public house on the evening referred to by Mr.
Lewis to look after certain persons who were to give evi-
dence in this case.

Mr. Corrie—What was the charge against the soldier ?
Mr. Sleigh—The charge was one of robbery. The ma-
gistrate dismissed it because there was no corroborative
evidence. There was no doubt Mr. Rogers was drunk,
and that his evidence could not be relied upon.
Sergeant Birch, 25, said—On the evening of the 22d I
accompanied Inspector Holden to Hyde-park. I first saw
the witness Malcolm near the Green park. I did not see
Mr. Rogers then, but I afterwards saw him going with
Malcolm towards Constitution-hill. I parted with Inspec-
tor Holden then, and at a few minutes after 6 I saw the
defendant walking to and fro, and then I saw him go and
speak to Mr. Rogers who was standing there, Mr. White-
hurst passed Roger two or three times. I saw them take
each other's arms, and they then came towards me down Con-
stitution-hill walking very slowly. When I got to a thorough-
fare leading to Grosvenor-place, I stepped aside, and then
they passed me. I stood watching, and here I saw them
standing near some bushes in conversation. I did not hear
what they were talking about,. I saw Mr. Rogers show
Mr. Whitehurst a letter. They then moved on about thirty
yards nearer the palace, and then they returned to the place
from where they started. After they got outside the park
at the top of Constitution-hill, I saw Mr. Whitehurst
with a book in his hand writing something. I've seen the
book since. After he had fiaished writinghe gave the
book to Rogers and walked towards Hyde Park corner. I
followed, they turned and met, and stopped close by. I
walked up to them, when Rogers said, " This is the gentle-
man." I said "Is this the gentleman who has written the
letters to you," and Rogers said "Yes." I told defendant
I was a police-sergeant, and that I should take him into
custody for soliciting and inciting Mr. Rogers to commit
an unnatural offence. The defendant never said a word,
and as I was taking him to the police-station he said, " Oh,
will you let me go ; I'll give you my address in the City,
and I'll appear at the police •court to-morrow." I said,
" Certainly not." As we were going down Constitution-
hill I met the Inspector. I told him the charge, and de-
fendant asked the Inspector whether he would take bail.
When I was watching I took precaution to prevent my be-
ing seen by either party.

By Mr. Lewis—l did not see any other person walking
up and down. I saw Mr, Smyth, about 10 minutes before
I saw the defendant, at the corner of Park-lane. The
writing was done perfectly openly. Defendant did not say
"The charge is untrue, and I have given my address."
did not charge the defendant with libel. I never thought
of such a thing. I now recollect that when Mr, White-
hurst was taken into custody, Mr. Rogers said he had given
his address, and it was torn out of a book. At the station
he gave his name and address, which was correct. I did
not know half an hour before I was actually engaged that
I was to havo anything to do with this case.
Inspector Holden said—On the evening spoken of I went
to Constitution-hill with last witness. I there saw the pro-
secutor and defendant coming arm and arm together to-
wards some bushes. I then saw them stop and converse,
They afterwards walked on. Shortly after this I met the
prisoner and Birch together; the prosecutor was walking
behind. The sergeant said, " Oh, here is the inspector.
I've got this person in charge." The prosecutor said,
" Yes, I give him into custody." I said what for, and
Birch replied for soliciting and Moiling this gentleman
(Rogers) to commit an unnatural offence. The prisoner
instantly said, " Is it a bailable case—will you take bail for
me ?" I replied, " I've no power here ; speak to the
officer on duty at the station we shall take you to." Pri-
soner said, " What station am I going to? I sail, " King-
street, Gardener's-lane." Birch said, " We'll go through
the park over the suspension-bridge. The prisoner
said "We can't get that way, the gates are closed," so we
went round Birdcage-walk to the station.

By Mr. Sleigh—When I took the prisoner he never said
anything about furthering the end of justice. I searched
the prisoner after the charge had been taken, and I found
this piece of paper (produced) upon him.
Mr. Sleigh (looking at the paper)—lt has nothing to do
with this case.

Mr. Lewis—There is no need of making any mystery
about the matter. The paper alluded to is simply a direc-
tion to Mr. Whitehuret's clerk to call at Copthall-court
about a cheque.
Mr. Lewis—Was anything said in your presence about a
charge of libel ?
Witness—No, nothing.
Mr. Sleigh—That is the case.

Mr, Lewis, for the defence, said Mr. Whitehurst was a
man of high character and reputation, and he had many
clergymen and members of Parliament to speak to that fact.
It appears that Mr. Rogers, the prosecutor, was a person
who had charged a soldier named Morris with robbery
under peculiar circumstances, which it was impossible to
exclude from the case. On being charged with the rob-
bery, the soldier turned round and accused him of attempt-
ing to commit an unnatural offence. Mr. Whitehurst was
a solicitor, but he was not skilled in criminal matters ;
and however foolishly or imprudently he might have
acted, he was instructed to declare most solemnly and
in the strongest and most sacred manner Mr. White-
hurst had no criminal intention in writing the letters and
meeting Mr. Rogers on that occasion. He was anxious to
ascertain whether the charge preferred against the soldier
was really true or not, and ho should be able to prove that
Mr. Whitehurst had on many previous occasions taken
similar steps for the purpose of clearing persons unjustly
charged. There was no intention on the part of Mr.
Whitehurst to commit an unnatural offence, curious as
it undoubtedly was that
,he should have been mixed up
with such an affair. He thought, therefore, the magis-
trate might here stop the case, but if he determined on
committing the prisoner for trial he would reserve his
defence.
Mr. S'eigh said he should be very glad if Mr. White-
hurst could exculpate himself from the charge, and he
should be glad to hear any evidence that might be offered
for the purpose.
Mr. Lewis, after the expression of such a wish, hoped
that the case would be remanded, in order that the neces-
sary evidence might be in attendance.
The case was then adjourned for a week, Mr. Whitehurst
being again admitted to bail.

ALTBTOI:
THE
0,
ITT
• •
A PICKPOCIIABTIt
MARLBOROUGH-STREET.
TO
ROB A DETECTI-Wm. Johnson, a tall, ill-looking fel-
low, was charged before Mr. Tyrwhitt as follows :
Sergeant Joy, 9C, said—About half-past nine last night
I was in Regent street, when I observed the prisoner appa-
rently engaged in admiring the illuminations. I walked
down the street, and before going many yards I foundt he
prisoner's hand in my pocket—(laughter)—l being in plain
clothes at the time.
Mr. Tyrwhitt—Did you not feel nervous P (Laughter.)
Joy—Oh, no, not particularly. (Laughterenstable.
)
Mr. Tyrwhitt—Of course you calla fora e
Joy—He took nothing out of my pocket,
as there was
pocket handkerchief
only a rattle in it. I saw him take a lE:ir
of
gloves from a
out of a person's pocket and then a P
gentleman in court, and he then took him into custody.
Prisoner—Why the handkerchief was only given to me
yesterday morning.
e means got into the person's
Mr. Tyrwhitt—And by some
pocket,
the prisoner into custody he became
Joy—On taking
very violent, and said
he would put me under a cab
wheel. He also said the
handkerchief was not marked,
but it was.
Mr. T.
Richardson, optician, Ely-place, Holborn, iden-
tified the gloves as his property.
Mr. Tyrwhitt remanded the prisoner fora week.