The Sun.
London, England, 1849-02-26 00:00:00

EVENING,

FEBRUARY 26, 1849.

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Bench.

The application Has made on Thursday last by Mr
Past)ley, on behalf of Colonel Inane, who stated that the
grounds for the application were, that the mother of the
child having applied to Mr. Hardwick, the magistrate of
the Marlborough-street police court, for an order of
affiliation, which h' refused, the case could not he re-
heard by a other magi,trate, and afro. that the chd
having been born abroad, it was not within the jurisdic
tion of the English law.

ASSIZE INTELLIGENCE.
NO; TIIL RN ClRCUlT—Newcastle, Feb. 23.

CROWN COURT.—(Before Mr. Baron ALDERSON.)
Matthew Stewurt, aged 48, and his wife, were charged
wish having, on the 28th of January last, siabbed and
cut Alexander Young Robertson in the face, with intent
to do him some grievous bodily harm.
Mr. Otter and Mr. Fenwiek appeared for the prosecu-
Moo, and Mr. Taylor defended the prisoner.
It appeared from the evidence, that the prisoner and
his wife kept an oyster shop near High•bridge, New-
castle. At midnight, on the 27th of January last, a half-
pay officer (whose name did not transpire) offered to
treat a number of persons whom he met in the Ducrow
public-house, to oysters, amongst whom was the prose-
cutor. The whole of these persons then went, the officer
very drunk, to the oyster shop of the prisoners. There
the half-pay officer called for a pint of whisky and six-
pennyworth of oysters for six, for which he paid 25.6 d.,
and the six went into a box to partake of the oysters
and whisky. Almost immediately after the prisoner
went to the door of this eating department, or box, and
demanded ss. as payment for what had been provided.
On this a dispute occurred, the guests of the officer,
who appeared to be of the class of mechanics, in-
sisting that it was a shamefal extortion. The prisoner's
wife then came forward, and said the charge was ss. 3d.,
upon which the whole party stood up and said it was
time for them to go, as this was a downright robbery.
The officer, who had partaken of the whisky, had be-
come still more drunk. On attempting to get out, the
prisoner and his wife got hold of him on each side, and
insisted on being paid. On this the officer pulled four
half-crowns out of his pocket, which the male prisoner
immediately seized hold of, saying he would keep what
he had got, at the same time, seizing hold of an oyster
' knife with each hand, he struck both violently into the
counter before him, threatening to stab any one who at-
tempted to take the money from him. The officer got
sway, and fell on the floor. The prosecutor was stand-
ing looking on, with his hands in his pockets, and 2x -
claimed against the whole proceeding as a " robbery,"
upon which the male prisoner seized an oyster-knife, and
his wife a small table-knife which was beside her, and
both almost at the same instant made a blow at the pro-
secutor in the face, one stabbing him right through the
cheek on the left side of his lac and the other on the
right side. The prosecutor was taken to the police-
statio❑ for medical assistance with a clean cut through
each cheek, through which the surgeon could put his
finger; his wounds were dressed and sewn up by the
surgeon to the force. _

This was the case for the prosecution.
The Learned COUNSEL for the defence contended that
the sum demanded as payment by the prisoner might
have been for a past scare; that the sticking the oyster-
knives into the counter with a threat., so fur as the act
went, was a custom of oysterman after they had finished
opening their oysters, and thut thq stabbing which after-
wards took place might have been a swiden act dune in
self-defence, in the confusion which ex!sted, the prisoner,
probably from the noise and threats, imagining that he
was going to be attacked; and that the prisone.'s wife,
seeing a seal! and hluod flowing, had rushed forward to
assist her husband.

His LORDSHIP, in summing up, said thPre was no evi-
(knee of the stabs having been given in at If•deferce, and
as to the practice of oyster-deakrs sticking their knives
into the counter, he did not know that it was their prac-
ti:!e to stick them into the cheeks of their customers.

The jury found both prisoners Guilty of the whole
charge.

They were sentenced to b 3 imprisoned and kept to
hard labour for six calendar months each.

NISI PRIUS.

His Lordship then proceeded with the cause list, in
which there are five entries.

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Mrs. Onver to tay b,fore thew the contwits of her. lard,r.
Having satisfied thems.lves, they oriered the whol,
family before them, and mode them all go d,wu on their
knee% in a row, and beg their pardon for having given
them so much trouble. This strange act gave all the
family an opportunity of observing them and speaking
to th it identity; Kato th y It -d revi,insly known as
w,rking at tn. Wt

~~

. _
jury fO ,th the p::soio rs
His LORDSHIP $, w ene, d !Lew to be each transported
For fifteen )ears.

NISI PRI OS COURT.—(Before Mr. Baron ALDERSON.)
This Court was occupied nearly the whole day with a
running down case off the coast of Norfolk. As usual
in such cases, a number of witn?sses were called on both
sitks to show that the other vessel was in folk. The
case was devoid of interest.

The as,izßi are exptet d to he coneltidt d here to•nigh'.

POLICE INTELLIGENCE.
BOW-STREET.
John William, a letter carrier employed at the post-
office, Enfield, was brought up, charged with stealing a
letter containing cash, the property of the Postmaster-
General. There being many complaints made of late to
the Post-office authorities respecting the loss of money-
letters from the eeiglihourhood of Enfielii, Mr. Scul-
thorpe, a superintending president, wrote a letter,
directed " Miss Davis, Mrs. Clarke's, Ponder's-end,
Waltham-cross," in which were enclosed a marked
sovereign and a half. The letter was then delivered to
Peaks, an officer attached to the Post-office, who took it
to Waltham-cross, where he posted it, and having arrived
in dm time at the General Post-office, it was forwarded
in the mail-bag to its destination.
Mr. Thomas Crossinghatn, the postmaster at Enfield,
proved that on the arrival of the mail-bag, which was
tied and sealed, he sorted twenty.five letters, which cor-
responded with the number on the way bill, of which
the prisoner took twenty to be delivered at Enfield, and
three at Ponder's-end; the former being for the letter-
carrier at Enfield, and the others to be delivered by
himself.
The prisoner, after hearing such undeniable evidence
against him, said that he never saw the letter in ques-
tion, and, moreover, that the marked money, which was
found upon him by the officer, was his own property.—
He was then fully committed for trial.
GUILDHALL.
Caleb Fawkes, a clerk in the service of Mrs. Dakin
and Co., of St. Paul's Churchyard, tea-dealers, was
brought up for final examination on the charge of em-
bezzlement.
Mr. Ballantine, for the prisoner, addressed Alderman
Sidney at some length, and characterized the proceed-
ings against his client as being harsh in the extreme, as
Mrs. Dakin and Co. bad all along treated the matter ae
a debtor and creditor account, and one of the partners
had even instructed his solicitor to proceed by civil
action to recover the amount due to the firm. He there-
fore thought it was too bad to prefer a criminal charge
to effect that object. He supposed it arose from the
fact of the man having a situation in another tea ware-
house, and most probably having an opportunity of tak-
ing some customers there.
Mr. Humphreys warmly defended his clients from the
charge of harshness, and called the attention of the alder-
man to the fact, teat the two defalcations complained of
were not discovered until after instructions had been
given by Mr. Waterheuse to his solicitor.
Alderman SIDNEY :Nought the firm too honourable to
be euilty of anything unfair. He should o mmit the
prisoner for trial, but allow him to be set at liberty tn
entering into his recogniz nice of 100/, and two surety s
of 50/. each, to appear at the Olt Bailey.
The bail beine ewer vet] of the prisoner was liberate d.
MARLBOROVGII-S7I?EE f.
The Rev. T. 11' Hardinge was brought up on a war-
rsnt before Mr. Ilardweek. for threat. fling to do some
bodily harm to.his wife, Mrs. Charlotte Hardinge, of
No. 23, Park •lane.
The complainant, a very lady-like woman, rather ad-
vanced in years, stated she had been married to the
defendant four years, ever since which period he had ill
treated her, and had threatened to do her some bodily
harm. He had taken all he could away from her, and
had been unceasing in his efforts to get hold of her pro-
perty. On Thuisday night last, between eleven ar.d
twelve o'clock, he called iu two policemen, and turned
all the servants out of the house, and she was now with-
out protection or attendance. On that occasion he
threatened her life, and she went in bodily fear of him.
The defendant, in answer to the charge, said he felt
very much humiliated at the position in which he had
been placed by his wife, who had separated herself from
him, had gone to parties and indulged in company,
while she had allowed him to get his breakfast and
dinners alone. When he married her he settled on her
the residue of his property, amounting to 5001. a year.
When he was bound over to keep the peace some time
ago, she offered him 250/ a year out of her income of
9001. to separate, which he should be most ready to take
to escape from the horrors of his present situation. He
could prove that his wife consumed more wine than al-
lowed her to keep sober; that the servants had orders
not to do anything for him; and that he had been al-
lowed to clean his own boots, and perform other menial
offices. He had turned the servants out of the house,
because he was not sufficiently master of it, and the girl
was a thief, and had accused him of taking improprr
liberties with her. The man servant he made him a pri-
soner in the house, and charged him with seducing his
wife. He considered the present case was a plot against
him. He denied having threatened his wife, and said
the treatment he had met with would have provoked the
indignation of any man or gentleman.
After eome further crimination and recrimination,
during which the complainant said several deeds of sepa-
ration had been drawn up, but the defendant had always
refused to sign, it was arranged that the warrant .should
stand over until Wednesday next, to allow the parties to
come to an arrangement.
WANDSWORTH.
Mr. George Davis, a master bricklayer, living in Wel-
lington-place, Vauxhall, was placed in the dock, before
Mr. Bunter, charged with stealing twenty-seven pars-
nips, the property of Mr. R. S. Spencer, a market gar-
dener, in Battersea-fields.
George Spencer, the son of the owner of the property,
stated that on Friday afternoon, about four o'clock, he
discovered that ten dozen of parsnips growing on his
father's grounds, in Battersea-fields, had been pulled up
and taken away, and sifter searching for some time he
discovered a portion of them buried under about a foot
of earth in some new foundations He watched this
place, and in the course of about an hour he saw the pri-
soner go direct to the place, and on his return he cha!-
lenged him with having parsnips in his pockets, and he
produced twenty•seven, which he said he had picked up
out of a hole. The place where the parsnips were hidden
was within a few yards from the land where they had
been growing.
The prisoner said that he hail been employed by a Mr.
Morgan to build a house upon the piece of ground al
luded to, and that whilst in the presence of Mr.
Morgan and a Mr. Lago, was selecting a spot to ?ink a
wel,, he saw some pars dos sticking in the ground, with
the roots upwards, and Morgan said he had b,tter tak,
them up, as they tnin,t have been placed there for
stealing.
Mr. Morgan, of 16. George-street, Prince's-road,
Lambeth, an Mr. Lago, of 73, Tower-street, Westrnin
,ter-road, said th-y had both purchased building sites
iu Battersea-fields, and it was true that the prisoner
found them as sits ed. They- had known him some years,
and did not believe him capable of stealing.
In answer to a question from the magistrate, Mr.
Spencer said, after the parsnips were taken out, the
ground was replaced over the hole, and done so cleverly,
that he had some difficulty in discovering the spot, and
when he did so, he found 23 more parsnips.
Mr. PAYNTER said, the old adage of " those who hide
can find," was applicable to this case. He was saddled
from the fact just stated by the witness, that the prisoner,
if he did not actually pull up the parsnips, was cogniz tot
of the fact of their having being stolen, and he should
fine him 205., or commit him for 14 days.
The prisoner was removed in custody.