The Sun.
London, England, 1853-01-04 00:00:00

CENTRAL CRIMINAL COURT—Jan. 3.

John Paxton and Augustus Wynn surrendered to take
their trial upon an indictment charging them with ob-
taining money by false pretences and conspiracy.
Mr. Reed prosecuted ; Mr. Clarkson defended Baxton,
and Mr. Robinson was counsel for the other defendant.

It appeared from the evidence of the prosecutor, a Mr.
Edward Howell, that in August of last year he was de-
sirous of going into business as a publican, and in con-
sequence of an advertisement he saw in one of the morn-
ing papers, he went to the office of the defendant Wynn,
who appeared to act as a public-house broke; in Sydney-
street; City-road, in reference to it, and the defendant
gave him cards of two public-houses—one, the Red Lion,
in Wild-street, and the other the Golden Horse, in
Theobald's-road. The latter represented that the house
was doing 701. per month, that the rent and taxes did
not exceed 451. per annum, and that it had a lease of
ten years and a half, and that the coming in would not
exceed 1651. Thinking that this house would suit
him, he went to see it, and the defendant Paxton, who
was the landlord, told him that he had got a lease
of the property, and believing the representations
that were made he went again to the other defendant's
office, and after a little negotiation he consented to give
1551. for the house, and paid 201. deposit. A few days
after this all the parties met at the house, and the mat-
ter was finally concluded by paying over the balance,
and upon this occasion the lease was produced. It ap-
peared that the prosecutor was desirous in the first in-
stance to have his own broker to act for him in the
transfer, but Wynn told him that he could act as broker
for both, and that it would save expense if he did so,
and he consented that he should act on his behalf. When
the lease was produced Wynn handed it to the prosecu-
tor, and asked him whether he would read it himself, or
whether he should road it to him, and as he had known
him for five years, and believed him to be a respectable
man, he did not entertain any suspicion, and told him
he might read the lease to him, and he did so, but ac-
cording to the positive statement of the prosecutor, he
omitted to read one of the provisos in the lease, by which
the lessors reserved the right to determine the lease at
Christmas of any year by giving six months' notice at the
preceding Midsummer quarter, so that in point of fact, al-
though the lease was nominally for 10 years and a half, in
reality, by this proviso, the tenancy was rendered nothing
more than an annual one. The prosecutor was then let
into possession, and he very sopn discovered that the
business fell very far short of what had been represented,
and in consequence of some circumstances that were
subsequently made known to him he instituted inquiries,
the result of which was that he ascertained the actual
character of the lease, and also that notice to quit had
been served upon Paxton at Midsummer, and the prose-
cutor was required to give up possession of the house at
Christmas. Upon these facts he had preferred the pre-
sent indictment against the defendants for obtaining the
money he had paid by falsely pretending that he would
be in possession of the house in question under a valid
lease for ten years and a half, when as he alleged. they
were well aware that no such term was secured by the
lease, but that on the contrary, Paxton knew that he
was under notice to quit.
Some other evidence of an immaterial character having
been given, _ _

The jury-, after deliberating for about half an hour,
returned a verdict of guilty against both defendants, but
recommended them to mercy.

The Recorder inquired upon what ground ?
The jury said they were of opinion that more evidence
might have been produced in support of the prosecution.
The Recorder said that this was rather the ground for
an acquittal than a recommendation to mercy, and the
jury had better reconsider the matter.
The jury accordingly again deliberated in the box a
short time, and eventually retired, and after being absent
nearly an hour, they again came into court with a ver-
dic of guilty. _ _

Mr. heed applied for the expenses of the prosecution.
The Recorder said he would not grant the application
without consideration. If the defendants had been ac-
quitted he certainly should not have allowed any ex-
penses, as he was determined to do all in his power to
discourage the proceeding of preferring charges behind
the backs of the parties accused, and under the circum-
stances of tike present case he should consider whether
the expenses ought to be allowed.
Sentence was postponed.