The Sun.
London, England, 1865-12-20 00:00:00

Court of Common Council

LAW IN

.—.Dec. 19.

ASSIZE INTELLIGENCE.

Yesterday a Court of Common Council was held
at Guildhall, under the Presidency of the Right
Hon. the Lord Mayor, for the despatch of business,
and with a view to clear up, if possible, before the
end of the year the several matters appearing on the
agenda paper. The Council was very numerously
attended, even though the proceedings commenced
at the unusually early hour of 11 o'clock.
The minutes of the last court having been read
and confirmed, _ _ .

(Sittings at Nisi Prins, at Guildhall, before Mr. Justice
Blackburn and a Common Jury.)
• TARNER V. WALKER.
Mr. Sergeant Parry and Mr. Laxton were counsel for
the plaintiff, and Mr. Digby Seymour, Q.C., Mr. Pearce,
and Mr. B. Rigby for the defendant.
This was an action to recover asum of money under the
following circumstances :
It will be recollected that a robbery was committed in
February at Mr. Walker's shop in Cornhill, when an im-
mense number of watches were stolen. A handbill was then
circulated offering a reward of £250 for such information as
should lead to the conviction of the thief or thieves, and a
further reward of £750 for such information as should lead
to the recovery of the property, or in proportion to the value
of the property recovered. The plaintiff is a watchmaker at
19, Wilderness-row, Clerkenwell. On the morning of the
14th of February a man, who afterwards turned out to be
Roberts, called upon the plaintiff and produced a gold
watch, stating that he wished to have something done to it.
The plaintiff looked at the watch and requested Roberts to
call again in the afternoon. Upon looking at the watch it
struck him that it was one that had been stolen from Mr.
Walker, and he went to Walker's and there saw his son, who
said it was one of the stolen watches. Plaintiff then com-
municated with the police, and two police officers were
placed in the plaintiff's back room. Roberts came in the
afternoon, and was at once taken into custody. Upon
Roberts being searched another of Mr. Walker's watches
was found upon him. Roberts was ultimately convicted at
the Central Criminal Court. The two watches were worth
£lOO. The plaintiff brought his action for the share of
the reward. The defendant paid £ll into court.
In the cross-examination of the plaintiff he said that part
of the name of the maker had been erased before the watch
was brought to him. He swore positively that he did not
himself erase the name. Roberts had bean a customer of
his for 12 months. He did not know what business Roberts
was. He did not ask customers their addresses. Knew
Roberts as " the Quaker." He did not tell Roberts to go
to any other person to have the name erased. Insured his
stock of watchmaking materials for upwards of £5OO.
David Roberts, who appeared in his convict's dress, said
—I never was a jeweller. I was apprehended on the 14th
of February. On the 17th of February I sent Mr. and Mrs.
Adey (my sister) to tho city police, and in consequence the
police came to me in Newgate, and I told them I had some
valuable information to give them. They asked me how I
came possessed of the information. Mr. Hicks brought it
me. I told them the burglars were to be found at an eel
pie shop in Whitechapel-road, No. 124. Foulger wrote it
down. They said if that turned out to be true I should
have a free pardon and some money to leave the country. I
said I did not know who the burglars were. I have since
ascertained who they were.
Cross-examined—l was living at 45, Westgate-street
Devonshire-street, Mile-end. I was in Carter and Co.'s
employ. They are silk manufacturers in the city. I have
known the plaintiff three years. I used to see him in Lever-
street, where he then lived. I took a watch to the plaintiff,
and he said ho would buy it, and he offered me £9 for it. I
said I could riot sell other people's property. I asked him
to repair it and put a new hand to it. He took a screw-
driver and took two screws out of it. It then came open.
He put something in the vice and screwed it up. He then
gave me the plate to take to Hicks to get gilded. He had
put it in paper upon which he had written something. I
knew Hicks; he was a gilder. I gave it to Hicks, and left
it with him.
Re-examined—l told the plaintiff the man wanted two
watches repaired, and would bring the other in the after-
noon, and I did so. I was afterwards convicted. Three
others were convicted with me—Brewerton, Caisley, and
Jeffrey.
Roberts was convicted of unlawfully receiving the
watches.
John Moss—l am sergeant in the police. I went to the
Whitechapel-road, No. 124, an eel-pie shop. I had been
in the neighbourhood some days watching different houses.
Three inspectors were with me. I had not received any
instructions from any ono to go there. I had been watching
these persons fromthe early part of January.
Mr. Sergeant Parry—And you watched them so cleverly
that while you were doing so they committed this bur-

The Town Clerk communicated to the Court a
letter received from the assistant secretary of the
proposed Exhibition of National Portraits at Ken-
sington, of which the Earl of Derby is president,
praying the assistance and co-operation of the Cor-
poration, by the loan of some of the valuable works
of art of which they were possessors. The commu-
nication further stated that her Majesty had signi-
fied to the Earl of Derby her sympathy in the pro-
jected exhibition, and her readiness to co-operate
with the object in view.
The letter was referred to the City Lands Com-
mitte, to give such directions in the matter as that
body might think fit.
RAGGED SCHOOLS IN WIIITECHAPEL.

The Town Clerk also read a letter received from
the committee of the Whitechapel Ragged Schools,
acknowledging the grant of £lOO made by the Court
in aid of the funds, and expressing their thanks for
the liberal contribution.
The letter was ordered to be entered on the
minutes.

PRIVILEGE.
Mr. RUDIZIN said that before proceeding to the
business of the day he desiredp call attention to what
he might apply the designation of a breath of privi-
lege. He desired to ask the Lord Mayor or Town
Clerk how it was that the question of the special
report on the Sewers Commission did not appear on
the business paper for that day ? It would be remem-
bered that at the last meeting of the Court theques-
tion had not been finally disposed of. It would
be remembered that an amendment had been moved
and put, and declared to be carried, yet it had not
been put as a substantive motion, and therefore he
contended that the question of the reception of the
report ought to have appeared on the paper for that

day.
The LORD MAYOR replied to the question which
had been put by Mr. Rudkin, that late on the pre-
vious evening the Town Clerk had waited upon him
with a note he had received from Mr. Deputy Reed
on the subject of the report of Special Sewers Com-
mittee. He (the Lord Mayor) had conferred with
the Town Clerk on the subject, and they considered
that the question had been disposed of at the last
Court. When the report was brought up, an
amendment was moved that it would be inexpedient
to make any change in the constitution of the City
Sewers Commission. That amendment was, he
believed, carried, and that he thought disposed of
the original question. He (the Lord Mayor) gave
his opinion unassisted by the law officers of the
Corporation, who were engaged at the Central
Criminal Court, but if he was wrong he should be
happy to abide by the decision of the Court on the
point. (Hear, hear.)
Mr. MEDWIN gave notice that he should bring
forward the subject at the next meeting of the Court.

glary.
lam a detective officer, and was in plain clothes. I re-
ported daily to Colonel Fraser. I apprehended Brewerton
and Jeffery. I found there and at another house 52 gold
watches, 146 chains, pins, and brooches, and a large amount

of money.
Cross-examined— Caisley and Jeffery lived in Mile-end
road. There was no gold watch found at the eel-pie shop.
There had been other jewellery robberies prior to this. I
did not find anything from information given by the plain-
tiff or Roberts.
W. Hamilton—l am of the city police. I report to Col.
Fraser. I had an interview with Roberts in Newgate. A
woman came to my office and sent me to Roberts, Ile told
me he had heard something of a pie shop in the White-
chapel-road. I may have communicated that to Colonel
Fraser. It was by my orders Roberts was arrested at the
plaintiff's shop.
Cross-examined—No information came to me from the
plaintiff. I have no writing to remind me.
Jane Atley-1 aui tho sister of itoborts. Ify husband is
a commercial traveller. I sent the police to my brother in
Newgate, as he said he wished to speak to them. They
made an appointment to go on the 17th of February.
For the defence it was submitted that there was no evi-
dence to go to the jury.
The Judge said there was plenty of evidence that the
plaintiff gave information which led to the apprehension of
Roberts. A reward offered for information leading to the
conviction of thieves did not extend to the apprehension of

a receiver.
For the defence it was urged that the jury should see
plainly whether the plaintiff came within the alternative of
the offer of the reward. The first thing was the conviction
of the person who broke into his house. He drew the line
between the information as to the burglars and the person
through whose information he obtained a recovery of the
property. His lordship was with him as regarded the re-
ceiver. Upon the value of the two watches the defendant
had paid too much into court. Roberts had denied all
knowledge of the burglars. The police were acting entirely
upon other grounds, and not from any information obtained
through Roberts.
Inspector Potter in November, 1864, received information
of a robbery at Abrahams', in the Strand. There were other
robberies. Captured William Brown. Watched the persons
who came to see him at the House of Detention, and fol-
lowed them, and then heard of the proposed robbery at
Walker's. That was in the early part of January. Traced
a dozen persons, first to the Waterloo-road, and direct from
there to the eel-pie shop in Whitechapel-road. It was a girl
who was a servant to Brewerton. We then watched that
house. We saw others come to visit that house. Three
other officers were engaged with me. We got all their ad-
dresses, and ultimately apprehended them on the 24th of
February. Commenced the watching on the Bth of Feb-
ruary. The delay in the apprehension arose from the address
of Caisley not being known. On the 24th we took Brewer-
ton and Jeffery, and then went to Ely-terrace, Bow-road,
and arrested Caisley. We followed the men and their
women from house to house. I know the plaintiff. It
was not from information received from him that the men
were apprehended.
Cross-examined—Brown wasapprehended in December.

The women came to him, not the men. We followed them
to Shoreditch and Bow-common. I was told in January
that a number of burglaries were intended in the city, and
persons were cautioned no doubt. I did not hear Mr.
Walker's name mentioned.
Re-examined— One was always watching the pie shop.
I knew Roberts as the Quaker.
Inspector Brennan—l was engaged with the last wi4

ness in• the endeavour to discover the perpetrators of these
robberies. Did not act upon any information received
from the plaintiff or Roberts.
Cross-examined—ln January I heard there was to be a
burglary in Cornhill. If I had known the time I should
have been there. I did not hear the name of Walker, or
it would have been a shocking thing of me not to have
named it to him.
George Ranger—l am a police-officer, and accompanied
the other officers. Was not indebted to the plaintiff for

information.
Mr. Walker, jun.-1 am the son of the defendant. I
know these two watches—ono was of the value of £33, and
the other £2O. The property lost was £6,000, and the
reward being £750, we paid into court £11; the proper
sum would be £7.
Cross-examined—The selling price was £55 and £45.
Ultimately the jury returned a verdict for the plaintiff
for £250, and a proportionate amount of the £750 reward
for the recovery of the property found when the burglars
were apprehended.

THE LEITH MURDER.—On Monday, before the
Lligh Court of Justiciary, Giuseppe Masselli, an
Italian seaman, was charged with the murder of a fellow-
seaman, named Giuseppe Profumo, at the Victoria Dock,
Leith, on the night of the 13th of November last. Both
men, who belonged to the same vessel, had been drinking,
in company with several of their messmates, at a dancing
house near the dock, and were returning together towards
their ship, when a foolish dispute arose between the pri-
soner and the deceased as to which of them was the
stronger and the braver. They closed with each other,
and, in the course of the struggle, Masselli stabbed Pro-
Nino, who fell mortally wounded, and died in the hospital
shortly afterwards. The jury found the prisoner guilty of
" culpable homicide," and ho was sentenced to penal ser-
vitude for life.
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THE SUN, LONDON, WEDNESDAY EVENINd, DECEMBER 20, 1865.

MIDLAND CIRCUIT—LEEDS, Dec. 19.
(Before Mr. Justice Shoe.)
Eli Sykes was charged in one indictment with the wilful
murder of Hannah Brook, and was further charged in another
indictment with the wilful murder of her mother, Sarah
Brook, at Batley, near Dewsbury, on the 19th of August.
The prisoner was also arraigned for the same offences upon
the coroner's inquisition. The prisoner having pleaded
not guilty, was first tried upon the indictment charging
him with the murder of Hannah Brook.
Mr. Middleton and Mr. Whitaker prosecuted ; Mr. Camp-
bell Foster and Mr. Waddy were for the defence.
From the opening statement of the learned counsel for
the prosecution it appeared that the prisoner, who was 19
years old, was a cloth finisher and a member of the West
Yorkshire Rifle Volunteer Corps. Hannah Brook, the
deceased, was 18 years old, and lived with her deceased
mother who was about the age of 60. All three resided at
Batley. Prior to August last the prisoner had paid his
addresses to Hannah, who had accepted him as her sweet-
heart. About the beginning of August last certain circum-
stances arose which led to a disruption between Hannah
and the prisoner. A young man from Wakefield began to
pay his addresses to Hannah. On the 13th of August, which
was a Sunday, it appeared that Hannah Brook went to tea
with Hurst, a neighbour, and about 5 in the afternoon the
prisoner passed by Hurst's door while Hurst and Hannah
were standing there. The prisoner came by again between
9 and 10 in the evening, and said to Hurst, " This young
man that is coming from Wakefield shan't have her, and
no one else shall." On the 19th of August, about half-past
10 in the evening, prisoner was seen in Commercial-street
at Batley, dressed in Volunteer uniform, with his rifle
and bayonet, having just returned from drill. He told a
friend " that he was going to Hannah's ;" his friend said he
had better not. About 11 the same evening a man named
Pease heard a cry of "Murder" three or four times, and on
going into the street he saw Sarah Brook bleeding from
wounds and standing in the street in her nightdress. From
something she said he entered the house and saw Hannah
bleeding from wounds in the neck, leaning against the fire-
place. The prisoner was about a yard off, inflicting wounds
with his bayonet on his own throat. Others then came in,
the prisoner was thrown down, and the bayonet taken from
him. During this time the mother came in saturated with
blood, fell down, and died at the door. In ten minutes
both mother and daughter were dead. A surgeon was sent
for, and while he was dressing the prisoner's wounds, the
prisoner said, " I feel easier in my mind now than I have
felt for a fortnight before." The police came and took the
prisoner to the lock-up at Dewsbury.
The following witnesses were called :
Hannah Hurst, examined by Mr. Whitaker, deposed,—
I live at Batley. I have known the prisoner for two or
three years. I knew the deceased Hannah Brook. The
prisoner lives near me. I remember Sunday, the 13th of
August. The deceased Hannah was at our house on that
evening. The prisoner passed by about 5 p.m. Hannah
was with me. She left at 6. After she left I again saw the
prisoner between 9 and 10 that night. Prisoner asked me
if Hannah had gone home. I said she went home about 6.
Prisoner then said, "This young man that is coming from
Wakefield shan't have her, nor any one els©" He then
struck his hat against the chair. I said, " Eli, I think you
are going out of your mind." Prisoner said, "You will
see." He then left.
Cross-examined by Mr. Campbell Foster—Prisoner was
a little excited. It was that that made me say "Eli, I think
you are going out of your mind." He hadibeen courting
Hannah for two or three years, and was her accepted
lover. They were always affectionate. I never heard of
any quarrelling. I have heard Hannah scolding prisoner
but he never said a word back.
William Walton, examined by Mr. Middleton, deposed,
—I have known prisoner. I was in Commercial-street in
Batley on the evening of the 19th of August. About 25
minutes past 10 I saw the prisoner in rifle uniform with his
rifle in his hand. There was a bayonet in its sheath by his
side. I asked him where he was going ? He said, " I
am going to see Hannah." I said, "I would not if I was
you." Before that the prisoner had told me that she had
told him to stay away. He said, "I will." I said she had
gone by me about a quarter of an hour before. Prisoner
said, " Was there any one with her ?" I said " No." Pri-
soner then left me and went in the direCtion of Hulme-
street, where deceased lived. Prisoner was sober.
Cross-examined by Mr. Campbell Foster—Prisoner's
corps had been out marching that day. He is a quiet and
inoffensive man. Prisoner promised to meet me next day
(Sunday) to congratulate me on my recent marriage.
Robert Jones examined by Mr. Whitaker—l live in
Hulme-street. I know the prisoner. Prisoner has been
with Hannah for 18 months. I have often seen them to-
gether. I saw them at 10 o'clock on the night of the 19th
of August on the steps of deceased's house. In consequence
9f something I heard in a quarter of an hour I returned to
deceased's house.
Joseph Pease, examined by Mr. Middleton—l live in
Batley, next door to deceased. On the 19th of August I was
at home. A few minutes after 11 that night I heard Sarah
crying out " Murder" three or four times. I ran out. I saw
Sarah in the street in her night-dress. In consequence of
something she said I went into Brook's house. I found
Hannah loaning against the fire-place ; blood was pouring
from a wound in her neck. Prisoner was standing about
a yard in front of her with a bayonet in his hand piercing
her throat. I seized hold of him and threw him. As I
threw him he struck at me with his bayonet. There was
a little boy four or five years old in the room. No one else
was present but Hannah and the prisoner. The little boy
was at the far side of the bed screaming. Fawcett and
Police-sergeant English then came in. Fawcett took the
bayonet from him. I saw a rifle on the floor of the room.
I noticed that the stock was broken. I saw Sarah again.
She dropped down dead just inside the door. Hannah got
past me and the prisoner. Hannah fell down about two
yards from the door. Other persons came in. Hannah
and Sarah were then laid on the bed. Hannah was given
some water to drink. In two or three minutes Hannah
died.

JOURNALS.

t~

- . -
people living on the spot. The transit of the judges
and the Crown officials from Dublin to Cork was,
in fact, a brilliant military manoeuvre. As the train
carried its precious legal wares from one garrisoned
town to another, a pilot engine rushed on before
lest at some lonely spot in the hostile territory the
permanent way might have been broken up, and 3
fearful gulf should yawn to swallow the whole Irish
executive bodily ; the carriages were crowded with
armed policemen, and at every important station
along the line the constabulary were called out in
force. When the legal party had providen-
tially arrived in Cork they were convey
through the city by a regiment of Dragoons, 101:c1
we read that the judges' lodgings are g,nod
day and night by considerable bodies of troops!,
whose numbers have been doubled since a placard
was posted in the town, denouncing Judge Keogh
as " Norbury the Second !" We learn also that th(..
Court-house where the trials are conducted is filleq
with constables to the exclusion of the public, and
its approaches are blocked up by soldiery, while
an
army of 4,000 infantry and cavalry, supported 11
several batteries of artillery, are scarcely suffiejent
to keep the peace of the city. Such a spasinewe
exhibition of executive vigour, however necessary
in the circumstances to which the country has been
reduced, can have no other ultimate effect than t°
bring the Government which resorts to it into con-
tempt. Such is the result of the policy that has fl3r
years traded in treason. To curry favour with cer-
tain classes of the rabble all displays of disaffection.
have been winked at, while every exhibition of
loyalty to the British Crown, and affection for Bri'
tish institutions, was coldly received, or even
countenanced. Rebels have seldom been prosecutel
at all, or have been prosecuted with half-hearted
sincerity, and when convicted and condemned their
sentences have in most instances been almost in-
stantly remitted. Agitators have been encouraged
to talk and to print all kinds of sedition amongst
the people, till the latter have learnt to believe that,
they are the most down-trodden race on the face ot
the earth, and that resistance even to death is 3
sacred duty. It is one thing in the case of a poptl'
lation innately loyal to prove the power and wag-
nanimity of the Government by showing that it can
afford to treat with contempt a few small traitors;
and even in Ireland a lofty scorn of little enemies;
and a high-handed impartiality, honestly adhered
to and firmly carried out, would no doubt have at
last made the Government that used it popular ana
respected. But it is quite another thing in
country where people have an hereditary pre"
disposition for rebellion—an instinctive tendenel
to defy all laws whatever—that those whopreach discontent should be encouraged, and that,.
those who openly proclaim revolution should
be suffered to go unpunished. This is in fact to
deVelop sedition into revolt, and to rear the manhi;
kin conspirator into the full-grown rebel. As Iv'
get a better insight into the real origin of this OA'
fortunate Fenian movement we wonder more an
more with what judicial blindness the Irish Govern-
ment can have been smitten, that a conspiral so
wide spread and formidable should have been sn'
fered to permeate all the lower ranks of society
without the smallest notice having been taken 0_
its existence, until it has been allowed to attain 11;:".
importance that has rendered the ordinary app'd
ances of executive justice insufficient, and has Plac
the two principal cities of the island virtually ia
state of siege, We shall be curious to learn vihe4,„
Parliament assembles what explanation will be, av
tempted for such impolicy. Nor are the Irish i%e-
cutive much more fortunate in dealing with Fenisni;
ism in its ripeness than they were in treating e
during its growth. The acquittal of M'Afferty,
first prisoner tried at Cork, was an amusing hit;
stance of the total breakdown of the legal eoae
but it has without doubt produced the worst P°s
Bible moral effect in that city. This individual w,
a native of Ohio, in America, and therefore,
course, an alien owing no respect to her Majesty sua
long as he kept clear of her dominions. He saile
from New York for Ireland laden with revolversci
bowie knives, and Fenian despatches, but as be anh
his luggage were seized before he touched Britis
territory he was not afforded an opportunity i°;
committing any of those overt acts of treason vtib',„o
he no doubt contemplated whilst in America 'the
was nevertheless solemnly brought up for trial, ttio
indictment was duly drawn, and found by tengrand jury. But when the prisoner had been
arraigned and the case of the Crown had been
fully gone into, the judge who presided Wll4
it necessary to call upon the prosecuting couns`lr
to explain how they meant to sustain the
indictment. They seem to have been quite taken
by surprise, and to have been unable to give an,,
explanation at all. The prisoner was according,?„,
acquitted. It is scarcely possible to exaggerate tu:',
evil which such a fiasco, combined with the many
previous misfortunes of the Government during
these state trials, may effect amongst the good foi
of Cork if they are really in the frame of mind„
which the Governmant seems to suspect them. ,
the whole, this wretched Fenian business seem?
almost the saddest of the many evils that from epoe
to epoch misgovernment has inflicted upon Ireland.
At a moment when, for the first time in a century+
prosperity seemed about to visit her shores ;when
the beneficial effects of emigration were beginning
to be felt ; when a series of good seasons bad blest
the labours of the peasant with plentiful harvests
when crime was rapidly diminishing ; when inter;
energy seemed about to revive, and even Engithe
capital was almost tempted to venture int°
country • then the masses of the people were si''t
fend to 'drift into rebellion. The Irish Govern
were, on their own showing, long aware of the
ture and extent of the movement, yet, either fr°(;:i
folly or from weakness, they allowed it to g° for
and gather its present formidable proportions ;
utterly powerless as is this Fenian conspirael is
achieve the objects its leaders had proposed, 1:01
yet sufficiently important to do perhaps some ae'any
physical mischief, and certainly to destroy, for in
a year to come, all that sense of security and s.°°`;3o,l
confidence which are the first conditions of natl.
irogress.