The Sun.
London, England, 1865-01-05 00:00:00

MIDDLESEX SESSIONS—Jan. 4.

(Before the Assistant Judge.)
John Sherman, an aged man, and a pauper belonging to
the Greenwich Union, was indicted, as follows :—That he,
John Sherman, being a person employed in the execution
of a warrant for the removal of Julia Hannen and Edward
Hannen, her child, from the parish of St. Nicholas, Dept-
ford, in the county of Kent, to the parish of Killarney, in
Ireland, duly issued under the authority of the Act of Par-
liament, did unlawfully and wilfully desert the said Julia
Hannen and Edward Hannon, her child, in the parish of St.
Botolph Without, Aldgate, in the county of Middlesex, and
before they had been conveyed to the place of destination
named in the said warrant, against the statute in such case
made and provided."
Mr. Metcalfe prosecuted on behalf of the guardians of
Cork Union; Mr. Poland appeared for the defendant.
Mr. Metcalfe having briefly opened the case,
Mr. John Patte, relieving officer of the Greenwich Union,
was called, and said that on the 24th of October Julia
Hannen, who represented herself as a single woman, giving
the name of Mary Sullivan, came to him and asked for relief.
She was admitted into the Greenwich Union, and there gave
birth to a child. On the 19th of November she discharged
herself, and afterwards again applied for relief. On the
29th of November he obtained an order for the removal of
the woman and her child to Ireland. This was a warrant
granted by Mr. Maude, the magistrate at Greenwich, for the
removal of Julia Hannen and her infant child to Killarney.
He entrusted the execution oithis warrant to the defendant,
who was his assistant and manager. He gave him the ma-
gistrate's warrant and money to pay the woman's fare to
Cork, and ordered him to provide her with sufficient food.
He also gave him instructions to present the woman with
half-a-crown to assist her after she left Cork, as, from what
she had said to him, he believed it was the woman's inten-
tion not to stop at Cork. The, defendant left her by his
orders on board the steamboat. He had executed similar
warrants for many years. He had no special directions from
the Greenwich Board of Guardians as to the execution of
warrants for the removal of Irish paupers. In obedience
to his orders the defendant left the woman and child on
board the steamboat.

Julia Hannen, who was carrying a young child, said—l
am the wife of Edward Hannen. I was taken before the
magistrates at Greenwich as a pauper, and ordered to be
removed to Ireland. lam the person who is named in
the warrant. The prisoner was sent with me to take me on
board a steamboat that was going to Cork. I was taken on
board the Ibis steamer on Dec. 1, at 8 o'clock in the morn-
ing. The defendant gave me four half-quartern loaves,
2oz. of tea, lib. of sugar, a piece of meat, and 2s. 6d. in
money. I was taken on board, and left on the deck. He
gave me the warrant, and told me to give it to the relieving
officer when I got to Cork. He paid 12s. 6d. for my fare.
That was the deck fare. When I saw the amount he paid,
I went to the mate and asked him-where I was to go to, as
I could not stop on the deck. I was told that for the money
paid I must stop on deck. The mate then followed the
man, and asked him if he was not going to pay more for
me. The defendant then gave him 3s. more. A policeman
was on board, and he came up to me and asked me how old
the child was, and I told him that I had been confined a
few days over a month. They paid for me 15s. 6d. alto-
gether. The passage occupied four days and four nights.
The mate allowed me to go into his berth. The weather
was very bad and cold. When I got to Cork I gave the
warrant to the relieving officer, but I had no money to pay
my expenses to Killarney. I spent the half-crown at Cork.
William Cox said he was an inspector of the Thames
police, and on Dec. 1 he was on duty near the Ibis steamer,
bound for Cork, which was lying off the Dublin-wharf.
He saw' the defendant there, who was accompanied by the
last witness and a baby. When he saw the defendant he
asked him if he was going to send any one in charge of the
woman, and he said he was not. Witness said " You
know that is doing wrong," and the defendant replied " If
I am doing wrong you had better write to the guardians ;
lam but a pauper myself." Seeing that the woman had
an infant in her arms, he asked her in the presence of the
prisoner how long she had been confined, and she said
about a month. He asked him if he was going to pay
chief cabin fare for the woman, and he said he had ,
given 12s. 6d. to pay for her passage. Witness then left
them for a time, as he had 'other duties to perform, and
when he came back he heard the mate of the vessel
say " Come into my cabin, and I will take care
of you." She went into the mate's cabin, and witness said
the defendant ought to give him something for his kind-
ness. The old man paid 3s. to the mate, got into a boat,
and went away, and the steamer soon afterward proceeded
on her journey. The amount of deck fare is 12s. 6d, and
the cabin fare 255. There is only the deck and cabin for
passengers. There was a kind of barrack room on deck for
soldiers, who were allowed to go iitto it for deck fares. No
persons but soldiers were allowed to go in there. Witness
told the defendant that he knew be had done wrong, and
had spoken to him before on two or three other occasions.
Witness told him that. he was not complying with the terms.
of the act of Parliament. He told him that he ought to
send some one in charge of the woman, and that he ought
to provide shelter for these persons during the winter

months. The relieving officer appeared before the magis-
trate at the Thames police-office, but no attorney was
apponted to defend the prisoner.
In cross-examination by Mr. Poland, the witness said he
had attended the Cork boats for four or five years, and he
did not know that the barrack room was used by soldiers'
wives. He never heard of paupers occupying the same
place as soldiers' wives. He knee( Mr. Frost, a contractor,
who always sent a person in charge of the male paupers,
and he gave the females into the charge of the stewardess.
Witness had spoken on this subject before to the defendant,
and also to another man from the Greenwich Union, within
three months. He had never conlmunicated with the guar-
dians, and he knew that the defendant was a pauper.
Re-examined—Mr. Frost is a contractor for other unions,
He knew of no other union that sent its paupers away in
this manner.

Mr Patte was recalled, and, in answer to questions from
Mr. Poland, said he gave the defendant 305., and he was to
pay all expenses. After paying all the expenses he returned
7s. 'Up to the time he went to the Thames police-court he
always believed that there was a Arst and second cabin for
passengers.

By the Assistant-Judge--On no former occasion did the
defendant tell me that any complaint had been made. On
this occasion he told me that the inspector had spoken to
him, and I said I was glad that the inspector had done what
was right in seeing that the woman had been put into a
cabin. I always pay cabin fare for women and children,
let it be winter or summer. The inspector complained that
cabin fare had not been paid, and that some one had not
been sent in charge of the woman and her child.
By Mr. Metcalfe—The defendant told me he had given
an additional amount of as., but I knew that was not cabin
fare. I received back 75., which I placed in the parish
funds. The defendant was formerly a shipowner, and by
no means an illiterate man.
By the Assistant-Judge—This question was discussed
before the board of guardians about 18 months ago, and I
was desired to continue in the same manner. Three or four
weeks ago some Irish paupers were sent away by the pre-
sent defendant.
This being the case for the prosecution,
The Assistant-Judge asked how any criminal act could be
made out against the defendant.
Mr. Metcalfe said the statute of the 26th and 27th of
Vic., cap. 85, enacted, " That any person being employed in
the execution of a warrant duly issued, who shall wilfully
desert any person mentioned therein before he or she shall
have been conveyed to the place of destination, shall be
guilty of a misdemeanour." Now, this man was sent to
execute this warrant, and became responsible.
The Assistant-Judge—But he had only a limited power.
Mr. Metcalfe replied, that even under the instructions of
his master a servant was not bound to do that which he
knew was illegal, and there was little difficulty in this case,
as any penalty the Court might inflict would be paid by the
guardians.
Mr. Poland—The guardians are not defending this case,
and will not pay.
The Assistant Judge said he did not think any jury
would convict this man for carrying out the instructions of
those who sent him.
Mr. Metcalfe said he did not want to punish this man, but
they really wanted to hit the guardians.
The Assistant Judge said that in consequence of the
shameful way in which Irish paupers were treated, the Le-
gislature had imposed certain restrictions ; and he thought
the guardians of the Cork. Union had acted most properly
in bringing this matter forward, so that public opinion
might be brought to bear upon the guardians of the Green-
wich Union ; and after that, if they sent paupers away in
such a shameful manner they would be unworthy the title
of guardians of the poor.
The Jury returned a verdict of not guilty.
The Assistant Judge—What is now to become of this
woman ?
Mr. Poland said she would be taken care of by the Green-
wich Union, and then sent to Ireland in a proper manner.
The Assistant Judge (to Inspector Cox)—l hope you will
keep an eye on this woman ; and I must say you have
acted in a very proper manner.

A GALE.-+SHIELDS, Wednesday Forenoon.—Ad-
miral Fitzroy telegraphed on Tuesday that stormy winds
might be expected, and during last night a very violent
gale blew from the S.W. It was at its height about two
o'clock this morning. At daylight the wind had got round
to the W.N.W., and the gale is still very strong, but not so
violent as during the night. As the wind is off shore the
is calm. During the past two days there has been a fair
arrival of light ships in the Tyne.