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 ffalse pretences and conspiracy.
Mr. Reed prosecuted ; Mr. Clarkson defended Ba,xton,
and Mr. Robinson was counsel for the other defendant.
It appeared front 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 ira 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 broker, 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 'Mae 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 co:ncluded by paying over the balance,
and upon this occasion the lease was produced. It ap-
peared that the prosecutor was des;rpus in the -first in-
stance to have his own broker. ',to. act 'for him .in the
transfer, but Wynn told hiipthitAe` could act as broker
for both, and that it would 'save'Vipense 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 hims slf, or
whether he should rsad 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 soon 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-
sept,indictment against the defendants for obtaining the
'mope he had paid by falsely pretending that he would
„ beit 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 therwere—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-
dict of guilty.
Mr. Reed 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 the present case he should consider whether
the expenses ought to be allowed.
Sentence was postponed.

MIDDLESEX SESSIONS—Jan. 3.

John Smith, 35, was indicted for stealing a purse va-
lue 10s., and 41. 45., the property of Mr. Robert Stirling
Newall, wire-rope manufacturer.

The jury found the prisoner guilty.
The Assistant-Judge then sentenced him to be trans-
ported for seven years.
Gwiseppe Luigi De Velo, 53, an intelligent and re-
spectable-looking man, was indicted for having stolen
nine sovereigns, the moneys of Charles Galli, in his
dwelling-house.

Mr. Metcalfe appeared for the prisoner.
It appeared that the prosecutor, a tradesman in Hat-
ton-garden, casually met the prisoner, a countryman of
his, an Italian, and finding him to be clever, intelligent,
and a man of ed- cation, he exertad himself on his behalf,
and gave him leAors oirecomme ulat;on to various parties
as a teacher of two or three laiimm3es. He employed him
to teach Mrs, Galli, an E-agliseivroman, Italian, and on the
13th of last month he went as usual to give her a lesson. Mr.
Galli had occasion to go to an iron safe in the room where
the prisoner was, and having procured whathe wanted, he
left without taking the key out of the safe door. Mrs.
•Galli was called out of the room shortly afterwards by
her servant, and on returning she saw, through a glass
door, the prisoner withdraw his hand from the safe, and
put something in his pocket. She was so agitated that,
as her husband had gone into the City, and had not re-
turned, she did not accuse him of having done anything
wrong, but told him she could not continue the lesson,
and he left. When her husband returned she told him
what she had seen, and on his examining the safe, he
found that nine sovereigns had been taken from thirty
which were wrapped up in a 101. note. The note had
been torn open, and the sovereigns scattered about. On
the following morning the prisoner, as usual, came to
give Mrs. Galli a lesson ; and on being charged with the
offence, he said he had taken only 51., not 91., and that
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done it through distress. Mrs. Galli said the prisoner
had never represented that he was in distress ; had he
done so, she would have been glad to have assisted him.
The prosecutor said, in cross-examination, that he
had, up to this transaction, considered the prisoner a
man of integrity. The prisoner had stated to him that
he was a solicitor, and as he found him to be a clever
man, he sent him to Turin, to do some business there
for him. He furnished him with a sum of money, and
gave him a letter of credit on his agent, and found that
lie was faithful to his trust. He did not owe him any-
thin; that he knew of.
Mr. Metcalfe said the theft was committed, no doubt,
in a moment of temptation—it could not have been de-
igned—and the opportunity was given by Mr. Galli's
in the safe. The evidence was too clear
resisted.tleoabveingthekey
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guilty,
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The Assistant-Judge, after some little consideration,
sentenced the prisoner to four months' hard labour.