The Sun.
London, England, 1853-09-20 00:00:00

THE SUN:, LOW:DON; TVESDAY EVENING, STP:TEMBER'goi 1856.

MIDDLESEX SESSIONS.—Sept. 19,

The sittings of the court for the September general
sessions were resumed yesterday morning at the Guild-
hall, Broad Sanctuary, Westminster, before Mr. Ser-
jeant Adams, Assistant Judge, Mr. Witham, Mr. Au-
gustus Robinson, &c.
The number of prisoners committed for trial was 103,
of which number 94 were charged with felony, and 9
with misdemeanour.
Leon Nathan, 34. a Frenchman, was indicted for
having stolen 43 sovereigns and other moneys, belonging
to Solomon Joel, in a dwelling-house.
This case was remanded from last session, the pri-
soner having, when arraigned, availed himself of his
right to demand to be tried by a half-foreign jury.
Mr. Woollett and Mr. Taylor appeared for the pro-
secution : the prisoner was undefended.

The prosecutor, a foreigner, but well conversant with
the English language, carried on the business of a chi-
ropodist, and lived at No. 9, Poland-street, Soho-square.
It appeared that he and the prisoner were on inti-
mate terms, and the latter was a constant visitor at the
lodgings of the former. The prosecutor had 431. 10s.
in gold and 7s. in silver in a purse, in a drawer, about
half an hour before the prisoner entered his bed-room,
but immediately after be left he mi-sed it. Without de-
lay he communicated his loss to the police at the Vine-
street station, and telegraphed a description of the pri-
soner to Liverpool, having reason to believe that he
would make for that place, and he then took a cab and
went in the direction of a pawnbroker's shop, where the
prisoner had pledged a number of gold watches, and on
the way he met with the prisoner in another cab. On see-
ing him the prosecutor charged him with the theft, upon
which the prisoner drew a knife and said in French, " It's
either your life or my liberty," and, opening the door on
the other side of the cab, he jumped out and made his
escape. On going to the pawnbroker's he found that the
prisoner had redeemed six gold watches for 241. 10s.,
the whole of which sum he paid in gold, and one of the
sovereigns was the identical cracked one which the pub-
lican refused to give change for. The prisoner was
apprehended when he went to redeem the case of instru-
ments, the pawnbroker having received information, and
on his being searched seven gold watches, the case of
instruments, two sovereigns, and 17s. Bd. were found
upon him.

The jury returned a verdict of guilty, with a strong
recommendation to mercy on account of the previous
good character of the defendant.
Judgment deferred.

In his defence the prisoner handed in a long written
statement in French, which was read to the court by an
interpreter. It was a rambling attack on the prosecu-
tor's character for morality. His answer to the charge,
as well as it could be gathered, was that it was an in-
vention premeditated by the prosecutor, who was aware
that he was about to redeem his watches, and, with
reference to the cracked sovereign, he alleged that he
received it from the prosecutor's own hands as the
price of a pair of razors and some articles which he sold
to him.

NEW COURT.-SEPT. 19.
ROBBING AN.ommpus PROPRIETOR.

. .
John ferries, 60, clerk, was indicted for stealing 731.
14s. 9d., the property of Thomas Wheatly, his master.
The prosecutor is the well known omnibus pro-
prietor of Greenwich, and bad, out of motives of
charity, taken prisoner, whom he had known before,
from the union, and gave him employment as a clerk.
He had been with him some time, when the money
in question coming into his hands to be paid into
the bank, he absconded with the cash portion of
it, returning by post a, crossed cheque. Be was traced to
Lille, in France, by Sergeant Carpenter, who, being
unprepared with the Secretary of State's warrant, was
not allowed by the French authorities to bring either
the prisoner or the money found upon him (nearly the
whole of the amount taken) back to this country. It,
however, appeared that the authorities at Lille, who
detained prisoner for having a false passport, set him
at liberty, and a few days ago Carpenter took prisoner
in custody at Westminster.
The jury found him guilty.
It was proved that prisoner had been before convicted
at these sessions, and sentenced to 12 months' imprison-
ment for obtaining by false pretences sums of money in
aid of the Animals' Friend Society, which had then long
been defunct.

The Assistant Judge having summed up,
The jury found the prisoner guilty, and
The Assistant Judge sentenced him to one year's hard
labour.

John M`Donald, 21, convicted at the last session of
housebreaking, was brought up for judgment, and the
court sentenced him to be kept in penal servitude for
four years.
James Elands, 19, pleaded guilty to indictments in
which he was charged with having stolen a telescope, a
sovereign, a half sovereign, and other moneys, the pro-
perty and moneys of Sir James Smith, and three gold
mourning rings, the property of John Ayrton Paris,
M.D., his master and employer.
Sentenced to six months' hard labour.

DEFRAUDING THE GREAT NORTHERN RAILWAY COMPANY.

He was now sentenced to 18 months' imprisonment.

William Cagby, 34, and William Skinner, 33, were
indicted for haying stolen three sacks of coal, the pro-
perty of the Great Northern Railway Company.
Mr. Cooper and Mr. O'Brien prosecuted. Mr. Horry
appeared for the prisoners.
It appeared that the prisoner Cagby was a carman in
the employ of Mr. Wiggins, contractor to the Great
Northern Railway Company, for the delivery of coal,
and Skinner was what is called in the coal trade "a
trouncer," to Cagby. On the 17th of August they left
the King's-cross station with four tons of coal to deliver
at the residence of the Earl of Jersey, for the use of the
kitchen. They took the van down a mews to shoot the
sacks at the proper place, and it happened that Sir
Alexander Cockburn, the Attorney-General, had stables
there. Sir Alexander's groom, a man named Beard,
never havinc, seen either of the prisoners before, ob-
serving them delivering coal at Lord Jersey's, very coolly
walked up to Cagby and asked him if he nould spare
him a sack. Cagby, evincing not the least indisposition
to enter upon a gross piece of roguery, at once replied in
the affirmative, and took one sack to a loft over Sir
Alexander's stables, and there shot its contents. The
groon having succeeded so far, asked Cagby if he could
spare him more, and Cagby complied, and in like 'win-
ner delivered two other sacks. This was all observed
by the Attorney-General's under groom, one Mason,
who having had a quarrel with Beard, told Lord Jersey's
porter of the matter, and the porter told Lord Jersey,
and Lord Jersey the company. Cagby received the full
price from Lord Jersey's servant for four tons. Beard
rewarded him with 3s. and a pot of beer. They were
apprehended on the 27th of August.
The jury acquitted Skinner and found Cagby guilty.
They recommended him to mercy on the ground that he
had been led into temptation by the witness Beard,
whom they thought ought to be strongly reprimanded.
The Assistant Judge agreed with the latter part of
the verdict, but not with the recommendation. He did
not think a man entitled to a recommendation who
could so easily be prevailed upon by a total stranger to
commit a very serious robbery and breach of trust. He
then sentenced Cagby to nine months' hard labour, and
with regard to Beard said his conduct was detestable,
and his expenses would not be allowed.

POLICE INTELLIGENCE.

CLERKENWELL. —ASSAULTS UPON WOMEN.
Yesterday morning many unfortunate women were to
be seen about the court with features betokening the
handiwork of heartless ruffians. It was altogether a
sickening sight ; many of them, however, went away,
rather than appear as witnesses against their brutal as-
sailants, perhaps to fare more sadly on hearing the de-
cision of the following cases :
James if acklin, described as a watch-glass maker,
residing at 23, Hull's-place, St. Luke's, was charged
with an inhuman assault on his wife, whose face was
frightfully disfigured with cuts and bruises. The front
of her dress was besmeared with blood.

She stated that on Sunday evening her husband came
home drunk, and began abusing her in a savage man-
ner. She appeased him a little, and fed him with some
dinner, when on a sudden he pushed her from him,
struck her down with a blow over her right eye, caus-
ing the blood to flow, and afterwards, while she was
prostrate on the ground and altogether helpless, he beat
her on various parts of the body, blackening it with
almost every hit or kick. She called for assistance, and
her mother coming to her aid was knocked down by the
prisoner with a poker.
In answer to the worthy magistrate the poor creature
said that "she had borne her husband six children,
three of whom were principally dependent on her exer-
tions for sustenance, for she had very little help from
him.

The mother in part corroborated the complainant,
and proved the brutal attack on herself.
Mr. Tyrwhitt asked the prisoner his defence.
In a surly manner he answered, " that he had none
to make."

Mr. Tyrwhitt said, " these cases were truly lament-
able, and it was impossible to go on in this way. He
had hoped the law as it now stood would have dimi-
nished such outrages, but every day experience showed
an increase of them." He sentenced the defendant, for
the two assaults, to hard labour for four months.
Mielaael Kelly, a raw-boned Irishman, was next
charged with assaulting Catherine Holmes.
Complainant said, she had cohabited with the pri-
soner, and had been his support for a considerable time
past, by pawning her clothes and other worse means.
She had no money on Satutday night, and for that rea-
son he knocked her to the ground and blackened her
eyes.
Mr. Tyrwhitt observed that " words would he wasted
on such a vagabond," and sent him to the treadmill for
two months.

William Streton Sturgis, avs ell-dressed man, aged 27,
was indicted for embezzling three sums of money,
amounting to 131. 3s. 6d., which he had received for
and on account of Charles John Stewart, his master.
Mr. Clarkson prosecuted ; the prisoner conducted his
own defence.

The prosecutor was a bookseller in King William-
street, Strand, and the prisoner had been in his service,
as clerk and cashier, for about seven years and a half,
his salary for the last three years and a half being 21. per
week. Suspecting that something was wrong, Mr.
Stewart fixed a day for an investigation of the accounts,
and when that day arrived the prisoner told him he need
not enter upon any such task, and then admitted that,
during the last four years, he had robbed him to the
extent of from 3501. to 4001. The prisoner had been
married about that time. The prosecutor nevertheless
went on with the investigation, and the result was that
he found that the total amount received by the prisoner
and not accounted for was over 6001. The prisoner left
town, with Mr. Stewart's knowledge, but subsequently
it was discovered that he had forged his master's name
to a cheque on a City banking-house, for a sum remitted
to them from the country on Mr. Stewart's account, and
that the same proceeding had been taken with a post-
office order. Upon this Mr. Stewart caused the prisoner
to be apprehended, and on the case of forgery being
gone into before a magistrate it broke down, and the
prisoner was sent for trial on three charges of embezzle.
ment.

TBE ALLEGED MURDER at SHEPHERD'S-BUSH.

Yesterday, at the Jolly Gardeners, Hammersmith,
Mr. Brent, the deputy coroner for the western division
of Middlesex, resumed and concluded his investigation
into the circumstances attendant upon the death of
Elizabeth Hays, which, it will be remembered, had been
attributed to the brutal ill-treatment of her husband,
who was alleged to have murdered her on the night of
Saturday, the 10th inst., in the immediate vicinity of
Shepherd's-bush market.
Although nearly all the evidence which it was pro-
bable could he adduced in the case was brought forward
on Thursday last, when these proceedings were com-
menced, the Coroner suggested at that time that an ad-
journment should take place, as it was possible that in
the interval some additional evidence might be forth-
coming ; and he was, moreover, desirous, if it could be
accomplished, that the prisoner should be present, and
that the depositions of the various witnesses should be
read over in his presence.

The prisoner, in cross-examining the prosecutor, ad-
mitted his defalcations, and endeavoured to show that
Mr. Stewart had condoned his offence, and had made
the matter one of debt.

Mr. Marten attended to prosecute, and Mr. Pound,
from the office of Mr. Russell, appeared, as before, for
the accused, James Hays, who, it is almost unnecessary
to say, was not allowed to be present.
The Coroner said the husband of the deceased was
not present ; but, as he had promised the jury, he had
used his best exertions to secure his attendance, and up
to the previous night he had been in expectation that he
would have been there, because in answer to an appli-
cation which he had addressed to Viscount Palmerston
upon the subject he had received the following reply :
"'Whitehall, Sept. 16.
" Sir —I am directed by Viscount Palmerston to
acknowledge the receipt of your letter of this date, re-
presenting that it is the opinion of the jury that it is
important to the ends of justice that James Hays, who
is now in custody on remand by a police magistrate on a
charge of murder, should be produced at the coroner's
inquest to be held before you on Monday next, and I
am to inform you that by his lordship's directions that I
have informed the Governor of the House of Detention
that his lordship has no objection to the governor pro-
ducing James Hays at the inquest in the custody of
his own officers upon receiving the usual formal re-
quisition from you to that effect, provided that by
this course the presence of the prisoner before the
magistrate at the time fixed is not in any way interfered
with.

Mr. Stewart denied this, and said he certainly had no
intention to prosecute him for the embezzlements, and
the cause of his being taken into custody was the disco-
very of the forgeries.

Prisoner—What was the reason the case of forgery
broke down ?

Prosecutor—The reason was this. The magistrate
thought that because I had given you a general au-
thority to collect and receive money for me it was no
forgery for you to sign my name to a banker's cheque,
and get the money and keep it.
The Assistant Judge remarked that that certainly was
an extraordinary decision, and now it was mentioned he
recollected noticing it at the time in the newspapers.
Mr. Clarkson said he certainly held up his hands with
surprise when he heard it at Bow-street.

The Assistant Judge said that it was as much as say-
ing that because he gave a person a general authority
to receive money on his account, it was no forgery for
that person to write his name to a cheque for all the
money he might have at his banker's.
The prisoner, evidently a person of education and
talent, addressed the jury. The substance of what he
said was, that Mr. Stewart had made the thing a debt,
and that it was very hard and unjust upon him that he
should now be prosecuted. He admitted the deficiencies,
but Mr. Stewart, he repeated, had treated the total
amount as a debt due, and he asked the jury not to give
full credit to that gentleman's evidence.
Mr. Stewart said he never treated it as a debt, but at
the time he had no intention of prosecuting for the em-
bezzlement.

" I am, Sir, your obedient servant,
"HENRY FITZROY.

" G. S. Brent, Esq."
Upon receipt of that communication he had forwarded a
requisition in due form to the House of Detention, in
reply to which be had received the following :
" House of Detention, Sept. 18.

The jury found the prisoner guilty.
The Assistant Judge said the case was one of the
grossest he had ever witnessed. He sentenced the pri-
soner to be kept in penal servitude for four years.

" have to acknowledge the receipt of your
letter, requesting me to produce the body of James
Hays at an adjourned inquest to be held to-morrow. I
beg to inclose you a copy of the resolution of the Court
which will explain to you why I cannot comply with
your request.

"I am, &C.,
J. W. HILL, Governor."
The resolution which was enclosed stated that, as
there was no legal justification or authority for taking
the prisoner before the inquest, the visiting justices
had directed the governor for the future to act in
conformity with the resolution adopted previously
to his appointment under similar circumstances,
and approved by the Court in 1845, which was in
the following terms :—" Not to send any prisoner
committed for re-examination by a magistrate on a
charge of homicide before the coroner, in order to be
present at the inquest, unless he has competent atho-
rity for so doing." He was sure it would be highly
satisfactory to the jury, notwithstanding the decision of
the justices, that Lord Palmerston entertained no ob-
jection to the course which he (the coroner) had pointed
out. The noble lord (the Home Secretary) had, in fact,
implied an approval of that course, but, in consequence
of the hostility displayed in other quarters to the office
of coroner, they were unable to conduct that inquiry
in so satisfactory a manner as they might otherwise
have done.
Mr Pound stated that he had seen the accused upon
the previous day, and that he had expressed his readi-
ness, and, indeed, his wish, to be present during the in-
recalled,
vestigation by the coroner.
No new witnesses being forthcoming, those who had
and
been
their examined
evidenceupon
w athe r e
ad previousoverpreviously
to
being day were
signed by them. At the same time they were asked
whether there were any alterations which they desired
to make in their original depositions.
Mrs. Johanna Lines, the sister of the deceased, added
to her previous testimony that the deceased resided,

the Court of Bankruptcy, by which he incurred the prior to her death, at Palace-place, Kensington. She
crime of perjury. had had five children by her first husband and three by
Tire jury without any hesitation returned a verdict of Hays, but only two were alive. She had not lived
guilty, and the defendant was sentenced to be iropri- with her husband fnr the last 18 months. She did not be-
soiled and kept to hard labour for twelve months. heve that deceased had received a penny from her has-
Henry Wheeler surrendered to take his trial band since they had separated. On the contrary, Hays
for wilful and corrupt perjury. had taken her clothes from her, and had left her desti-
This was a prosecution instituted by direction of the tute. Since he had parted from his wife Hays had been
Judge of the Westminster County Court, under the fol- i living with another woman at Notting-hill. Hays had
lowing circumstances : frequently ill-used the deceased, and had often threatened
The prosecutor was Mr. Joseph Perry, the landlord ' to kill her.
of the One Tun public-house, Chandos-street ; and The Coroner—Do you blame any one on account of
it appeared that on the night of the 4th of June the the death of your sister, Elizabeth tap ?
defendant and a man named Edwards were at his house, Witness—Yes, I do. lam sure that Hays was the
and having partaken of some gin, Edwards tendered murderer of my sister ; and I blame the woman that he
in payment for it a sovereign, and the prosecutor was living with, for I believe she incited him to it.
gave- him change in silver money, a portion of which Edward Lines, the husband of this witness, and con-
consisted of two five-shilling pieces. On the follow- sequently the brother-in-law of the deceased, added that
ing Monday Edwards went to the prosecutor, and re- he had often seen Hayes beat his wife.
presented that one of the five-shilling pieces given The Coroner then summed up the evidence.
to him by the prosecutor was a bad one. Mr. Perry The room was then cleared, and the jury remained in
was positive at the time that he hal given him good consultation about 20 minutes, when they returned a
money ; but upon his pressing the matter, and repre- verdict of " Wilful Murder against James Hays," a,p-
senting that he was a very poor man, he consented to pending to it the following words :—" The jury express
give him half-a-crown as compensation for his supposed their hearty thanks to Viscount Palmerston, Her Ma-
loss. This half-crown was afterwards returned, and it jesty's Secretary for the Home Department, for his sup-
appeared that a summons was taken out by Edwards port of the privileges of the Coroner's Court, as evinced
against the prosecutor in the Westminster County Court in his assent to the request that the accused person
to recover five shillings as the value of the counterfeit might be produced before them ; and they hope the Le-
coin, and upon the hearing the defendant was called as a gislature will soon perceive the necessity of providing by
witness, and he swore that he received the counterfeit special enactment for the production of the accused
coin from Edwards, and that it was the same that had before coroners' juries, as they consider not only that it
been paid in change for the sovereign. The prosecutor is essential for the ends of justice, but that the coroner's
positively denied having paid away the counterfeit piece court is insulted by that privilege being withheld."
to Edwards, and evidence was adduced to show that on The Coroner then made out his warrant for the com-
the Saturday night on which the occurrence took place, mittal of James Hays upon the. charge of wilful murder.
the defendant purchased the bad crown piece of a but-
cher named Taylor, living near the prosecutor, who had
taken it the same night, and that he gave Taylor a shil-
ling for it.
Several highly respectable witnesses gave the defendant
an excellent character for a period extending over a great
many years.

Immediately after the close of this inquiry', all the
witnesses appeared before,Mr. Beadon, the magistrate
at the Hammersmith police-court, when the depositions
previously made by them were read over and signed.
Two additional witnesses were examined—Mrs. Ren-
nell, who deposed that she spoke to Hays on the night
of the murder, and that she told him that she had seen
his wife at the gate, to which he replied that it would be
the last time ; and Denis Daley, the landlord of the
house in which the prisoner resided, but he equivocated
so grossly in answering the questions put to him that
Mr. Beadon indignantly ordered him out of the witness-
box.

The prisoner, a good-looking, fresh-complexioned man,
with light blue eves and fair hair, apparently about 35
years of age, stated that he was so tipsy upon the night
of the murder that he remembered nothing of what had
occurred. He was about to add something to this state-
ment when

Mr. Beadon cautioned him that whatever he said
would be taken down, and might be used against him.
Acting upon this caution, and the advice of his soli-
citor, the prisoner said nothing more, and he was there-
upon fully committed for trial for the wilful murder of
his wife.

NAVAL INTELLIGENCE.

PORTSMOUTH, SEPT. 19.
Her Majesty's screw yacht Fairy, Master-Comman-
der Welch, was taken out to Stokes Bly by Captain
Crispin, R.N., second in command of Her Majesty's
steam squadron, this morning, to make au experimental
trial of a newly shaped screw, patented by Mr. Scott, of
Bristol. Two runs along the measured mile only were
made with it, which were quite enough to show its in-
efficiency as compared with other inventions. The first
run only realised 11.040 knots, and the second but
11141, with 36 revolutions. This was a great contrast
to the Fairy's performances with other screws, she
having realised 12.888 knots. The patentee was on
board, as were Mr. Murray, superintendent of the steam
department in this dockyard, and Mr. Miller, assistant.
The Victoria and Albert was taken out of the north
dock today, and placed under the shears of the steam
basin, to have her boilers, &c., removed.
The Encounter, 14, screw corvette, Captain O'Cal-
laghan, is undergoing a thorough refit in the south dock.
She has sent her topmasts on deck and is stripping her
lower rigging.

The Stromboli, 6, paddle steam sloop, Commander
Hall, commenced swinging to-day in this harbour fur the
adjustment of her compasses.
The Vivid, steam mail packet, Master-Commander
Smithett, came into harbour this morning from the east-
ward, and, having taken in coals, left for the westward,
to attend upon the Lords of the Admiralty.

WOOLWICH, SEPT. 19.
APPOINTMENT.
Midshipman Richard Livesay, to the Arab, 12, sloop,
at Chatham.

It was inadvertently stated yesterday that Mr. M'D er-
mod and Mr. Gray, clerks of 1850, had been appointed
to the Impregnable flagship at Devonport, when it
should have been to the Imauiu flagship at Jamaica.
Commander the Hon. Arthur A. Cochrane, one of
the officers examined at Woolwich on Wednesday and
Thursday last, after going through a course of study of
steam here, is a son of Admiral the Earl of Dundonald,
G.C.8., and has only recently returned from foreign
service, where he was employed on the West Indies and
North American station in protecting the fisheries on the
coast of Labradore and in the straits of Belleisle. The
House of Assembly, Newfoundland, was so pleased with
the conduct of Commander the Hon. A. A. Cochrane
that they passed a vote of thanks to him, one instance
only having previously occurred of a vote t) an officer of
his rank being given.
It is generally believed that Admiral the Earl of Dun-
donald will be appointed successor to the late Admiral
Sir Charles Adam as Governor of Greenwich Hospital.