The Sun.
London, England, 1862-12-04 00:00:00

ING, DEOE3II3EII 4, 1862.

presented to have been a cry of " Shoot, shoot"
only one gun appeared to have been discharged,
although it was clear that six of the party at least
were provided with guns, and might have dis-
charged them if they had thought proper to do soh
As to the prisoner Eversfield they would, of course,
he said, under any circumstances, return a verdict
of not guilty, as there did not appear to be any evi-
dence against him,
The Jury retired to consider their verdict, and
were absent about 20 minutes 7 they then returned
into cnurt and gave a verdict of not guilty as re-
garded the whole of the prisoners.
The prisoners then (with the exception of Evers-
field, against whom the charge was abandoned, and
who was ordered to be discharged from custody)
pleaded guilty to the misdemeanor of being in pur-
suit of
itgaibmtoenurged
illegally in the night time.
Mr.on behalf of Luck that he had
served for eleven months in the trenches before
Sebastopol, and had received a Crimean medal, and
left tile army with a very good character. He had
also already been eight months in prison upon these
charges.
His Lordship said he would consider what sen-
tence should be pronounced.

nesday morning; the 19th of November, at about
seven o'clock, from information he received he went
to the Greyhound public-house, in the Fulham-
road, kept by the prisoner Sawyer, and a cart was
standing at the door. He found Mr. Sawyer at the
barl'and he told him that a van had been there from
which some sacks had been unloaded and put into
his shed, and he asked him what they
.contained.
Hs said he did not know. Witness told him that
he believed that it was malt, and that it belonged
to Mr. f), Walmsley. Sawyer still denied all know-
ledge of it, when witness asked him to let him look
into the stable. Sawyer then said, "Oh God, what
shall I do? for God's sake, sergeant, don't hurt me ;
don't take me out of my house, for my wife is dying."
Witness told him that he must do his duty, upon
which Sawyer begged to be allowed to go upstairs
and see his wife,and he allowed him to dose. After-
wards he accompanied witness to the stable, and
there found seven sacks full of malt, and the sacks
were marked "H. B. Walmsley, malt -merchant."
Witness drew Sawyer's attention to this, and he said
they had been left there as other things had been left
before, and on being asked who left them, be replied
that he did not know. Upon it being remarked to him
that it was strange he should take things from per-
sollB he did not know, he said that a man came
and asked him for the key, and he let him have
it, and that he put the Racks in. The seeks were
then put into a cart, and, with the prisoner, were
taken to the station-house. Witness then went to
Lillie• bridge malthouse, belonging to the prosecu-
tor, and took the prisoner Fuller into custody. At
this time he was speaking to Mr. V'almsley's son,
who then sent Fuller to get a sample of malt. He
got it, and witness took it and looked at it, and re-
marked to him, " This is the same sort as that which
left the Greyhound this morning." He said he
knew nothing about the Greyhound, when witness
told him that he was going to apprehend him for
stealing seven sacks of malt, the property of his
employer, and cautioned him as to what he said, as
it might be used against him. In reply to this he
said, "I know nothing about it; I never stole any.
thing in my life ; and if I am locked up it is for
getting up early this morning to do my master's
work." He was then taken to the station-house.

Matthew Savage said he was carman to Mr.
Walmsley, and the prisoner Fuller was his foreman
at the Lillie-bridge malthouse. On Wednesday, the
19th of November, Fuller told him to leave seven
sacks of malt at the Greyhound. He accordingly
called at the Greyhound, arid there told Sawyer
that he bad seven sacks of malt to leave there, and
he said it was all right. He then handed out the
sacks to him, and he took them into a shed or
stable, and witness went away.
Mr. Joseph Henry Walmsley, residing at the
Elms, Acton, son of the prosecutor, said on Wednes-
day morning, the 19th of November, he saw seven
sacks at the police-station marked like their sacks
and containing malt of the same kind as theirs. The
prisoner Fuller was foreman, and managed the
business at Lillie-bridge, but he (witnees) gave him
no directions to send malt to the Greyhound, as
Sawyer was not one of their customers.
Charles Henry Lovett, chief clerk at Mr. Walms-
ley's chief office, said generally speaking all orders
for malt went from him to the foreman of the dif-
ferent malt-houses. The prisoner Sawyer was not
a customer, and he gave no order to send malt to
him, or to the Greyhound.
Mr. H. Lewis addressed the jury for the prisoner
Fuller; and Mr. Pater for Sawyer.
About a dozen witnesses ware then called, who
gave Sawyer the highest character for honour and
honesty extending over a lengthened period.
The Assistant-Judge carefully summed up the
evidence.

The Jury, after a short consultation, returned a
verdict of guilty against both the prisoners.
The Assistant-Judge sentenced Fuller to be kept
in penal servitude for three years, and Sawyer to be
imprisoned and kept to hard labour for two years.
Mr. Poland said the prosecutor had taken stock
of the malt for which he had paid duty to the Ex-
cise, and be founa a deficit in his stock to the
amount of £9OO.

Edmund Cunningham, 19, tailor, was indicted for
stealing a watch, value £2, the property of George
Haberfield, from his person.
Mr. Rowden prosecuted; Mr. Pater appeared for
the prisoner.
The prosecutor said he lived at No. 24, Bryanston-
square, and on the sight of the 11th of November,
about 10 o'clock he was coming out of the Oxford
Stores, where he had treated some soldiers, and a
dispute had arisen. As he was looking on the pri-
soner came up to him and struck him, which
knocked him down, and he then saw the prisoner
take his watch from his pocket. He distinctly saw
him with the watch in his hand, which he passed to
some other person and then ran Away. Witness
pursued him and never lost sight of him until he
was stopped.

Benjamin Jeffrey, 209 C, said he saw the prisoner
running, followed by the prosecutor, calling " Stop
thief," in Newport-market. Witness stopped him,
and the prosecutor came up and charged him with
stealing his watch, which he denied. The prose-
cutor had been drinking but was not drunk.
Mr. Pater addressed the jury on behalf of the
prisoner with considerable ability, and called three
witnesses, who gave evidence that the prosecutor,
who was in the company of some drunken doldiers
who were beating the people with their belts, was
really the aggressor, and that the prisoner was not
the man who robbed the prosecutor. They were
members of the Society of the Friends of Labour,
held in Crown-street, St. Giles's, and were just
leaving the place when they accidentally became
witness of the whole transaction, but had no know-
ledge whatever of the prisoner.
The Assistant-Judge summed up the evidence.
The jury, after consulting for some time in the
box, retired to consider their verdict, and on their
return into court said they found the prisoner guilty.
Watts, police-constable, proved that the prisoner
was sentenced to penal servitude on the 6th of Sep-
tember, 1858.
Police-sergeant Walter Holmes, 3 F, said he had
the prisoner in custody in 1854, when he was sen-
tenced to six months' imprisonment. He again had
him in custody on the 14th of June, 1856, when he
was sentenced to three months' imprisonment. He
also had him in custody when he was sentenced in
this Court to penal servitude for four years. Since
his return home from penal servitude he had been
tried at the Old Bailey for robbery, with violence,
but was acquitted. His companion was sentenced
to imprisonment for six months. Although he had
only been nine :months liberated on a ticket-of-
leave, he had been tried and sentenced to two
months' imprisonment for assault.
Another police-constable proved two other con-
victions, and said since he had received his ticket-
of-leave he had associated with the worst characters
in the Seven-dials, and had assaulted two con-
stables, for which he was sentenced to two months'
imprisonment.

the Assistant-Judge said it would be a complete
waste of time to defer passing sentence upon the
prisoner, as he had already been sentenced to penal
servitude for four years, and liberated on a
ticket-of-leave. He had now only power to sentence
him to a similar sentence as that which he had be-
fore received, however insufficient that sentence
might be, which was penal servitude. It was really
lament 1.)le to reflect upon that persons were to be
met in the public streets, knocked down, and robbed,
and he really felt surprised that the members of a
benevolent society could be found to come forward
to aid the prisoner and to prevent justice being done
him. In such cases as these it was the duty of the
court to act with great severity, and the sentence
upon the prisoner was that he be kept in penal ser-
vitude for the term of ten years.
As soon as sentence was pronounced the assumed
meekness of the prisoner left him, he made use of
some of the foulest expressions, and stooping, got
from his right foot a heavy nailed boot, intending,
n,) doubt, to throw it at the learned Judge, but the
deputy-governor of the House of Detention (Mr.
Sims) having some knowledge of the character of
this prisoner, had placed two officers in the dock,
who immediately seized him, and prevented him
from doing any mischief. He struggled and kicked
very vi,lently, and it took three powerful officers to
force him to the cells below.

(Before Mr. Payne.)
Mary Ann Clark, 18, and Elizabeth Rogers, 30,
were indicted for stealing the sum of £2 16s. 3d.,
the moneys of Annie Tennant, from her person.
Mr. F. H. Lewis prosecuted; Mr. Metcalfe ap-
peared for Clark and Mr. Dickie for Rogers.
The prosecutrix, a single woman, said she got into
a Waterloo omnibus, at Camden Town, on November
17, and soon afterwards the prisoners got in, one of
them sitting next to her and the other opposite. The
two prisoners got out in Albany-street, and walked
back towards the York and Albany. When the
omnibus got to the Colosseum she saw her purse
lying empty on her dress. She called out that she
had lost her money, when the prisoners were stopped
and brought buck to the omnibus, and they were
given into custody. They were put into the omni-
bus and driven to the police-station.
John Allehing, police-constable 77 S, said he was
at the police-station in Albany-street on the night
in question, and on the conductor coming to him
he went to the omnibus and saw the prosecutrix and
the two prisoners. He searched the omnibus and
found two sovereigns, a florin, a half-crown, and
one postage stamp, at the bottom of the omnibus.
Sarah Robinson, searcher at the Albany-street
station, said she searched the prisoners, and found
on Clark a sovereign, half sovereign, two shillings,
sixpence, fourpenny piece, three halfpence, anaa
penknife. On Rogers she found three half-crowns,
florin, three shillings, eight sixpences, a threepenny
piece, and four postage stamps.
Mr, Metcalfe and Mr. Dickie having addr"664

the jury for the prisoners, they were both found
guilty.
Mr. Payne sentenced them to be kept to hard
labour for 15 months.
Henry Williams, 18, and William Patterson, 18,
were Indicted for stealing a coat, the property of
Sarah Woods.

The two prisoners and another man were near
the hcuso of the prosecutrix in Homer-street, and
one, who succeeded in making his escape, took the
coat from the shop door and ran away with it. The
other prisoners were taken into custody.
Patterson woe acquitted, and Williams was found
guilty.
Several previous convictions were proved against
Williams, and Mr. Payne sentenced him to be kept
in penal servitude for four years.