The Sun.
London, England, 1831-04-12 00:00:00

The Jury immediately returned a verdict of Guilty.

Mr. S,riellit ARABIN-4 perfectly agree, Gentlemen,
with the verdict.

Benjamin Birch, aged 28, was indicted for stealing
several pair of boot-tops, the property of Abraham /Cdr.-
thon, his master.

This trial did not occupy more than five or six minutes,
the facts were clear.

Mr. CLA rrsoN, as Counsel for the prisoner, raised a
legal objection. He contended that the indictment ought
to have described the property as leather, for so many
pieces of leather cut of a certain size, without being at-
tached to the boot, could never be properly designated
boot-tops. Oa the same principle, a cow's hide might
be called a boot-top.—(Laughter )
Mr. Serjeant ArtaßlN asked the prosecutor whether
pieces of leather like those produced, were known in the
trade as boot tops ? The prosecutor said they were.
Mr. Serjeant ARABIN—That is sufficient.

Mr. CLARKSON.-.-1 do not think so, and I hope your
Lordship will take a note of the objection. The trade, if
they pleased, might call a white horse a boot-top, but
surely if it was so described in the indictment the charge
could not be maintained.

Mr. Serjeant ARABIN overruled the objection, and told
the Jury if they were of opinion the property was leather
it was sufficient to support the charge.
Mr. CLAitxsoN said the prisoner had several witnesses
to character, if the Court thought necessary to call them.
Mr. Serjeant ARABIN—It is unnecessary after the cha-
racter he has received from the prosecutor, his master,
with whom he bas lived ten years. That is the I est cha-
racter he can receive.

The Jury returned a verdict of Guilty, but strongly
recommended him to mercy, in which the prosecutor most
earnestly joined.
Mr. Serjeant ARABIN—PI ironer, in consequence of
your good character the sentence cf the Court is, that you
he transported beyond the seas for the term of seven years.
I hope this will be a warning to you. Had it not beer.
for what I have stated, you would have been sent out
of the country for fourteen years.

Mary Martin, aged 28, was indicted for stealing
3s. 14d., the monies of Captain Julius Von Boeck, and
15 pots of porter and a gallon of gin, the property of
James Merry.

The prisoner was a servant of the prosecutor's, and ob-
tained the beer and gin in his name, but without his
knowledge or authority. The 3s. 111. was given her to
pay a bill to Merry, who is a publican, but which she
never did, although she returned the bill to her mistress
with a receipt.

Mr. Serjeant ARABIN said he thought ebtaining the
herr and gin was only a fraud ; the prisoner could not,
therefore, be convicted of a felony. On the contrary, ob-
taining the money was very different; and, if the Jury
were satisfied of the fact, they would return a verdict of
guilty.

The Jury returned a ..erdiet of Guilty of stealing 3s. lid,
Several petty ems were tried during the morning.

NEW COURT.

William Benjamin Bray and Charles Walmsley
were indicted for receiving, on the 9th of February, from
an evil-disposed person, nine pieces of timber, value forty
pounds and upwards, the property of Charles Chatfield
and others, they well knowing them to have been stolen.
The prisoners pleaded " Not Guilty" when brought
up yesterday and arraigned, and the trial was expected to
be then brought on ; but in consequence of a subsequent
arrangement it was adjourned until this morning, when
they were placed at the bar to take their trial.

Arr. CLARKSON, as Counsel for the prisoners, al-
- the Court, and observed that he had communi-
cated with their professional advisers, and he understood
that the prisoners were desirous of retracting their plea
of Not Guilty, and plead Guilty.
Mr. C. PHILLIPS, for the .prosecution, said that be
would not object to the application, as he understood the
primers were extremely conttite, and the property had
been restored ; it might have happened that they bought it
although under peculiarly suspicious circumstances, yet
that they did not know that the person of whom they pur-
chased had come by the property fraudulently,
The Clerk of the Arraigns then lead the indictment to
them a second time, when Walmsley muttered something,
and appeared to hesitate as to whether he should adopt the
course suggested,

Mr. Ciniticsow told him that he was bound to say that
after what he (the prisoner) had stated, and what had
passed in the Court, he was in a most perilous situation,
and he ought to be much obliged to the prosecutors.
Mr. C. PHILLIPS-We not only accept the applica,
tion of the prisoners, but also beg to rectonmPud to mercy,
and suggest a slight punishment. Witeit would the pd-
loners want more?

The prisoners then reiiaeted their plea of Not Guilty,
and pleilded Guilty.

The CoNtNION §ERJEANT said, after the prisoners had
left the bar, that he observed there was a second indict-
ment against Bray.
Mr. C. Pirti.mrs said that was the case, and he had
pleaded guilty to both, and his former remarks to the
Court would apply in bosh cases.
The Co:uAtort SERJLEANT-With respect to the second
indictment we will put the nominal fine of one shilling,
otherwise the prisoner would 4t any p,riod be liable
to be called up for judgment. With regard to the
first indictuw.nt, in which the prisoners were jointly
charged, the Court would consider its judgment be-
fore the end of the Sessions, and take into consideration
every mitigatory circumstance connected with it, ewi the
more readily as the suggestion came froso the respectable
prosecutors, who were likely to lAttow more of the real facts
than any other persons,
[This cast, has been one which excited great anxiety
froth the commencement of the sessions, owing to the
prisoner Walmsley having lived ni,ny years in credit, and
amassed a considerable property as a licensed victualler ini
the metropolis,l