The Sun.
London, England, 1849-11-01 00:00:00

THE S UN,

who have hitherto taught without our permis-
sion shall immediately cease to do so.—
Art. 4. The persons mentioned in the pre-
ceding article cannot obtain the special licence granted
to masters already possessing our patent, unless they
can prove themselves worthy of the said office, and
submit completely to the regulations of the schools.
—Art. 5. Transgressors of the present orders shall be
punished for a first offence with a fine of 10 scudi
(5010, to be applied to the fund for infirm and
invalid masters ; and in case of their not having
means to pay that sum, they shall incur the penalties
of the penal regulations mentioned in title 9, par. 67,
besides the application of further penalties in case of
their repeating the offence."
The Opinione of Turin, of the 27th, states that the
modest furniture of Charles Albert's apartments at
Oporto has arrived at Turin, at the express desire of
the Queen Dowager. On the 26th, the Italian
refugees residing at Turin, had a funeral service
celebrated in the church of Soperga to the memory
of Charles Albert.
The Legge of Turin states, from Bologna 22d
inst., that Lieut.-Marshal Thurn had taken the civil
and military command of that city. The greater
part of the Carabineers had been dismissed in conse-
quence of an order from Rome.
The Nazionale of Florence of the 24th states, that
many arrests have been made at Viterbo, among
others that of the well-known composer Maestro Selli.
The Istruttore del Popolo of Turin has the fol-
lowing :
" A lady in mourning, who seemed to belong to the
higher classes of society, arrived on the morning of
the 19th at Soperza. She was accompanied by a
footman in mourning. She requested to see the tombs
of the kings of the house of Savoy. On being intro-
duced into the vaults, this lady proceeded to the
tomb of Charles Albert, where, after some instants of
fervent prayer, she fainted. It was the mother of
Charles Albert, who had come to pray at the tomb 01
her son. When she recovered she was conveyed back
to Moncalieri, where the Royal Family, not knowing
the cause of her absence, had suffered great uneasiness
on her account."

TATTERSALL'S7-THIS EVENING

Six o'CLocx.
The only bets %ere 11 to 1 agst Ghillie Callum and
20 to 1 agst Deicoon.

MR. PIPS HIS DIARY.

FRIDAY, OCTOBER 26, 1849.—T0 the old House
in the Market, where I would fain have seen Macbeth,
for the Acting as well as the Divertisement ; but
this not the Night, so went Half-Price, and did
see the Unpolished Gem instead. Touchstone did
play Brother Dick, a Country Clown, and his
Figure, in a Coat short in the Waist, a huge
striped Waistcoat, Trousers too big for him tucked
up at the Ancles, Hob-Nail Boots, and a great ill-
shaped Hat, mighty droll, and did move the People
to clap their Hands and laugh the Moment he came
on the Stage. Then did he take off his Hat, and
show a red-cropped Head, and smooth down his Hair,
and make a Face upon the Audience, whereat they
did laugh again, and then turning round show them a
Back View of himself, which made them laugh the more.
Still greater Laughter the Moment he opened his
Mouth, and I did laugh too, as much as any, though I
heard not what he said ; but only for the Oddness of
his Voice, which is such that methinks I could not
keep my Countenance to hear him, even if he were
speaking Haslet. Mighty droll to see him in a
fine House make himself at Home after the Fashion
of a Bumpkin, and hear him in his rustical
Drawl and Twang relate all the news and
Tattle of his Village. What with his clod-
hopping Gait, and Awkwarnness, and :111-
del.endence, and Impudence, he did make,
methinks, the veriest Lout I did ever see, even in
Hampshire. His Politeness even droller than his
Rudeness, and his Ploughbow Courtesy of kissing his
Hand as comical as could be. But I know not well
whether I do more prefer his Cocknies or his Clowns ;
for methinks I have seen him do a Snob as well as a
Clodpole, and he is very good in both, whether a rus-
tical Booby or a Whippersnapper Spark!; and do use V
for W, and misuse or drop his H, and talk the
Flash and Cant of the Town mighty natural. But
to think how we English People do take Delight in
everything that is ridiculous ; and how I have seen a
Theatre ringing with Merriment at the Sight of
Touchstone in a Paper Cap and Apron, with a Bsker's
Tray and Bell, crying "Muffins!" or eating with his
Mouth full ; or even putting his Arms a Limbo, or
-pulling his Hat over his Eyes, and some of the Audi
ence, and myself too, in Fits almost with Laughter.
Methinks that Foreigners are wrong to suppose that
we are a melancholy people, and would give up this
Notion if they could see us at a broad Farce, and
how east's we are pleased, and what Straws will
tickle us almost to Death. Home, my sides aching
by Reason of Touchstone's Drolleries, and truly he
do make a mighty excellent roguish Buffoon. So to
Bed mimicking Touchstone his Voice to my Wife,
which did divert her mightily.—Punch.

LAW IN TELLIGENCE.
COURT OF BANKRUP I CY, Oct. 31.
Mr. Commissioner Evans sat, but no case of any
interest was disposed of.
There was a certificate meeting in the matter of
James Davis, of Bisterne Close, Ringwood, South.
ampton.
Mr. Hilleary supported.
Davis was a chemist and oatmeal manufacturer.
The COMMISSIONER said the bankrupt had traded
imprudently. There were debts to the amount of
1,0001. and not a shilling for the creditors. To such
a bankrupt, although unopposed, he could only award
a certificate of the third class.

CENTRAL CRIMINAL COURT.
OLD COURT.
(Before the RECORDER.)
Richard Motley Smith, 25, described as a sailor,
Thomas Lawes, 49, broker, and Charles Frazer, 50,
agent, were indicted, jointly, for unlawfully conspiring
together to obtain 71. 103. from Francis Cuthbertson,
by false pretences ; and in a separate count the de-
fendant Smith was charged with unlawfully obtaining
the money by false pretences.
Mr. M'Mahon conducted the prosecution, which
was instituted by the Bankers' Prosecuting Associa-
tion. The defendants were represented by Mr. Bal-
lantine and Mr. Cockle.
Mr. Cuthbertson deposed that he was a bootmaker,
carrying on business in Aldersgate-street, and on the
28th of August, in consequence of a message he
received, he went to the Clarence Hotel in that street,
and there saw the prisoner Smith, whom he had
known as Captain Smith. He produced a cheque
drawn upon the Commercial Bank of London for 71.
103 , and asked him to cash it, at the same time stating
that the landlord of the hotel would have done it for
him, but he was out of town, and, as it was crossed,
it must go through a banker's. He looked at the
cheque, but did not observe at the time that it was
post-dated to Sept. 4; and seeing that it was drawn
in favour of a person named Collins, whom he knew,
he did not suspect anything wrong, and gave the
amount of the cheque to the prisoner Smith. The
cheque purported to be drawn by the defendant
Frazer, as keeping an account at the Gravesend Bank
upon the Commercial Bank of London, but when it was
presented it was found that there were no effects. He
Aaw Smith once or twice after the transaction, and he
at first told him that Frazer had been attacked with
cholera, and afterwards said that he had died of the
disease. Smith subsequently told him that he had got
the cheque from Mr. Lawes, a solicitor in Moorgate-
street, and he went there and saw the defendant
rhomas Lawes ; and an his informing him what had
happened with regard to the cheque, he said that Mr.
Frazer had a rich brother at Gravesend, and that the
cheque would be paid.
By Mr. BALLANTINE—He knew the person in
whose favour the cheque was drawn to be the son of a
grazier of great respectability and wealth, and seeing
his name upon the cheque undoubtedly gave him
greater confidence. Collins was present when he
gave the money ; and Smith, immediately he took it
up, said to him, " Here, take the half ; you know
we always halve the money when we get it." This
opened his eyes a little to the nature of the transac-
tion, but the money was gone. He had heard that
Smith's family was very respectable, and that he had
spent a large property of his own. His father was
.lead. lie was not aware that he was a magistrate
for any county.
James Beckwith, a clerk in the Gravesend bank,
proved that no such person as Charles Frazer kept an
account with that bank. _ _

Mr. A. G. Hall, a clerk in the Commercial Rank
of London, deposed that the prisoner Lal.i ea formerly
had an account with them.

Some papers found in the possession of the pri•
soners Lanes and Frazer were then put in. Two of
them were of a very singular character. They were
to the following effect :
" Received of Mr. Thomas Lawes one shilling on
account, for drawing two cheques, leaving one shilling
still due by that gentleman on account of my commis-
sion. " CHARLES FIIAZER."

The other was—
" Received of Mr. Thomas Lawes the balance of
one shilling due to me. CHARLES FRAZER."
The RECORDER—What, am I to understand that
you impute to the defendant Frazer that he was paid
ls. for drawing each of these false cheques? Mr.
M‘MATios—Yes, my Lord.

Some evidence was then adduced to show that the
cheque in question had been taken from the cheque-
book given to the prisoner Lawes when he opened
his account with the Commercial Bank, and also that
the body of the cheque was written by him. It was
likewise attempted to be shown that the signature to
the cheque was that of the prisoner Frazer, but the
evidence was not very clear upon either of the points.
Frederick Collins was then called. He said he was
present when the cheque was given to the prosecutor.
He was in the room at least. He did not know the
handwriting of any of the parties to it. He added
that he "beieved" he was the person in whose favour
the cheque was drawn.
By Mr. BALLANTINE—The cheque is drawn in
favour of Frederick Collins, and 1 am Frederick
Collins, but I don't know that the cheque is drawn in
my favour. When the money was put down I took
some and Smith took the rest. I supposed that Smith
got the cheque honourably. When the case went be-
fore the Clerkenwell Police-court the prisoner Lawes
gave me 71. 10s. to take up the cheque. I never paid
that money over.
The RECORDER—Why not ? Witness—Because
they told me about the court that now the matter
had come before the magistrate it could not be settled.
By Mr. BALLANTINE—I don't know whether this
money was given me to settle Mr. Cuthbertson's
cheque or Mr. Mills's, which was one of a similar
kind.

Mr. BALLIISTINE—WeII, what do you mean to do
with the money ? Witness—l mean to pay it over.
In answer to further questions, he said he had re-
ceived between 201. and 30/. from Lawes, but he de-
clared that the money was for an accommodation-bill
for 30/ , which Lawes had disccunted for him and
Smith.

The RECORDER—Was your name on the other
false cheque that has been referred to ? Witness—
It was.

The RECORDER—Of course you have paid back the
share you received of Mr. Cuthhertson's money ?
Witness (carelessly)—No, indeed, I have not.
The RECORDER—Then you have got the 71. 10s.
you received from the prisoner Lawes, and also the
half of the other money, still in your possession ?
Witness—Yes ; that is to say I have spent it; but I
am ready to make it good.
The RECORDER—What did you do with the V. 10s.
when you received it? Witness—God knows. I
spent it, I suppose.
The RECORDER—Then you employed money for
your own use which was given you for a specific
purpose ? Witness—l did.
In answer to other questions that were then put by
Mr. BALLANTINE, the witness said that he gave
Smith part of the money he received as the produce of
the bill ; and he added that they were " pals," but he
put Smith forward to do the dirty work.
The RECORDER told the witness he thought the
prosecutors had made a great mistake in leaving him
out of the indictment, as he really appeared to be the
worst of the party. They had been very lenient to

Mr. M'AIMION said that this person had been sworn
C. 3 a witness before the magistrate, and on that account
they did not consider themselves justified afterwards
in indicting him.
The RECORDER said he had never hardly before seen
such effrontery exhibited in a court of justice.
This man had not only stepped in at the moment, as
the person named in the cheques, to give a colour to
the transaction, but he had actually obtained 111. of
the 151. for which the two cheques were drawn.
Mr. M‘Maucs having intimated that this was the
case for the prosecution,

The RECORDER said that be did not think there
was sufficient legal evidence to connect Lawes and
Frazer with the transaction, so as to support the
charge of conspiracy, and therefore he should not call
upon those prisoners for their defence. The case
must, however, go to the jury upon the count against
Smith for obtaining money by false pretences.
Mr. BALLANTINB accordingly addressed the jury for
that defendant, contending that he had been made
the dupe of the witness Collins, whom he described as
a consummate and unblushing swindler, and he urged
upon the jury that there was very little doubt
that he told the truth when he stated that he had got
Smith to do the dirty work, end that he was himself
in reality the originator of the fraud.
The REcoaasc, having summed up, the jury ac-
quitted Lawes and Frazer, and convicted Smith.
Mr. BALIANTINE then applied to the Court to
respite the judgment, to give him an opportunity of
showing, by affidavits, that Smith was most respect-
ably connected, and had been possessed of considerable
property. He would not mention the name of his
family publicly, but he had no doubt he should be
able at the neat session to put the Court in possession
of such facts as he believed would warrant it in pass-
ing a lenient sentence.
The RECORDER said that the station of the defen-
dant or his family would have no effect with the
Court, but if the Learned Counsel thought he could
lay any facts before them in reference to the case
itself, to show that the defendant was entitled to any
favourable consideration, they would, of course, be
attended to, and he had no objection to respite the
judgment upon this indictment.
'The three defendants were then arraigned upon a
second indictment, charging them with defrauding
George Mills by means of a similar false cheque.
The case was clearly made out against the whole
of the defendants. It was proved that Smith sent
the Ostler at the Clarence Hotel to the prosecutor,
who is a coachmaker in Goswell-street, to hire a dog-
cart for three days, and gave him the cheque in