The Sun.
London, England, 1862-03-26 00:00:00

MIDDLESEX SESSIONS—ZIIarch 25.

(Before Mi. Bodkin, Assistant-Judge.)
Henry Cross, 38, solicitor, was indicted for frau-
dulently obtaining by false pretences, from Mary
Ann Roles, the sum of £5O, with intent to cheat
her thereof.

Mr. Metcalfe prosecuted. The prisoner was de-
fended by Mr. Warton.
Mr. Metcalfe having briefly opened the case called
the prosecutrix, who stated that she lived at Glou-
cester-gardens, Kentish Town, and was a widow,
and housekeeper to her brother. From May
up to November last, the prisoner visited at her
brother's house once or twice a week, and paid
his addresses to her, offered her marriage, and
said he was preparing a comfortable home for her.
A marriage was agreed upon, and he asked if she
was dependent entirely upon her brother. She told
him she had £2OO of her own at 4 per cent., which
was correct. He said it was foolish for her to put
it out at that small rate, he could get 121 for it if
she would like to try it, and if she liked she could
put £5O in his firm (Cross and Nixon, 58, Lincoln's
Inn-fields), and his partner would make more than
that of it. He said he was advising her as a soli-
citor should advise a client. She drew out £5O, and
went to the prisoner's office on the 2d of September.
He met her at the door. She expected to see the
partners together. He asked her if shed had got
old
the
money. She said she had.
man," meaning a little man door,Hatethsaelh
become"
oliotetl,e
knows how soon we, you and I,i shall ,
He prevented her seeing Mr. Nixon, by
wysaas engaged
to he did not wish him to know that h
to her, as he (Mr. Nixon) wished him to marry his
daughter ; but she was only a school girl, and he
should not like her. She went with him to a hotel
in Covent-garden, and he called for pen, ink, and
paper. He asked what receipt he should give p
She said he knew best ; but she should require a
proper one. He made out a receipt with a stamp on
it. She gave him the £5O, and he gave her £6 ss.
as interest, at the rate of 121 per cent. He said she
could have it back in a month if she required it. He
visited her afterwards, and she asked him what Mr.
saidNrtir. she liNixon said about the transaction after he saw it
entered in theNixonvde.
Shewanted
to
know who
money believing it was going to
she was,
s,vhe
partednowwith
"Nixon and Cross," solicitors. In case she wanted
the money she was to apply at the office ; even if
he left Mr. Nixon she would never lose a shilling of
it. Soon after his manners changed, and she told
him she was going to Mr. Nixon for the return of
the deposit; he begged and implored her not to do so
as it would cause words. He promised to pay her
on the 3d of December. He never visited her
afftetrhwe a
, sod she had never received one farthing
January Mr. Nixon told her he
oxrdsso.
In
knew nothing of the money. She first saw the
prisoner in. April, when he gave her hip: card. The
money was not a loan to the prisoner. She consi-
dered it to be as he represented a deposit at interest
with the firm of Nixon and Cross at interest repay-
able on notice, which it WU not, She met bite near

Queen-street, Holborn, as he was going to post his
letters. She was with a highly respectable young
woman, a farmer's daughter, and he gave her his
card. Next day he wrote her two letters. She
went with him to Weston's, the Alhambra, and
other places of amusement. In reply to questions
as to having had intrigues with persons in the coun-
try, and having stated that they unfortunately
ended in nothing, she gave an unqualified denial,
but said she knew some persons in the country
whose names were mentioned; She did not proceed
against him in this case because he had committed
a breach of promise of marriage, but because he had
swindled her out of the £5O. Had his conduct been
after he had the money such as it had been before,
she would certainly have married him, but his visits
were much less after he had it, and he wrote
insulting letters to her, containing remarks which
she declined to repeat. A letter was put in, with
the postcript cut off—as it was not, she said, fit to
be seen. It was a vile imputation upon her, but
she could not recollect the exact words. She could
not say that it was to the effect that he had paid
dear for a lady's charms. She believed it imputed
to her that she was a slut or untidy person. She
had many letters from him, but with respect to the
identification of the handwriting, she said he was
clever in disguising his signature. Sometimes it
was W. H. Crosse, sometimes simply Henry. She
received £6 ss. for interest on the £5O, but she was
to have the money back in a month on demand, less
that amount. She considered she was investing the
money with the firm of Nixon and Cross, and not as
a loan to Cross himself.

James Edward Nixon deposed that he was a
solicitor, at 58, Lincoln's-inn-fields, and was in
partnership with the prisoner until January. He
knew nothing whatever of this borrowed money,
and, by the articles of partnership, the partners
were not to give security for money or for any other
purpose without the full sanction and consent of the
firm, given in writing. There was no entry in the
call book of any visit of Miss Roles until the Bth of
January. If the prisoner had received the money
on account of the firm it should have been entered
in the cash book, and paid into the bankers. There
was no entry of the kind, and the affair was entirely
one of fraud upon Miss Roles.
The witness was cross-examined at length by
Mr. Warton as to his own private affairs and his
business transactions, but neither questions nor
answers had any direct bearing upon the charge
against the prisoner.
Sergeant Palmer, detective of the A division,
Scotland-yard, said he took the prisoner into cus-
tody on the 12th of March, from instructions he
had received as to his having obtained £5O by false
pretences. The prisoner said he knew who it was ;
it was that - Miss Roles.

Mr. Warton addressed the jury, and made some
comments upon the conduct of the prosecutrix, in
which he was interrupted, as they were said to be
unfounded. The learned counsel said he was only
acting upon the prisoner's instructions.

The prisoner laid he had given special directions
that no allusion should be made as to the personal
character of the lady. This was not only denied,
but it appeared in the learned counsel's brief that
such were the instructions given, and that the pri-
soner himself, when at the police court, had made
worse defence. Mr. Cooper and Mr. Metcalfe said
that it was due to Mr. Warton to say that the in-
structions were upon his brief.
The jury found the prisoner guilty.
His lordship said the case was a very gross one,
the prisoner having endeavoured to defame and
blacken the character of the lady he had robbed,
under the pretence of being her lover, and he a
married man. Were it not that his conviction
would have the effect of removing him from a pro-
fession which he had so disgraced the sentence
upon him would certainly be one of penal servitude.
The defence set up by him and put in the hands Of
counsel was a great aggravation of the offence.
Under the circumstances, the sentence upon the
prisoner was that he be kept to hard labour for two
years.

COUNTRY MAItliL S.

5... ....

BRISTOL—Maum 25.
At our market to-day there was but a small attendancet
and in order to make sales in some descriptions of when
a decline of is to 2s per qr from last Tuesday's rates had
to be submitted to. Barley in fair demand, at full prices'
In oats very little doing.