The Sun.
London, England, 1836-10-26 00:00:00

NEW COURT.

The Learned Sergeant, on taking his seat this morning,
complained that the names of several of the prisoners were
not inserted in the Calendar before him.
..•
Tho officer explained that at the time the Calendar was
prepared, there were only 224 prisoners in custody, and
since then the number had been increased to 265.. A new
Calendar would be printed in the course of the day.
The Common Sergeant expressed himself satisfied.
Lewis Welford, 49, a respectable-looking man, was in-
dicted for stealing three pounds of green metal, value 55.,
the property of Messrs. Braithwaite, the engineers.
The prisoner, who was in the employment of the prose-
cutors, was seen to take the metal in the middle of the day
by Mr. Braithwaite. Several of the workmen also saw
him, He received 335. par week wages.
Mr. C. Pittr.,Lips, under the now Act, addressed the Jury
for the prisoner, He observed there was no doubt that the
Legislature, in giving prisoners the benefit of Counsel, was
actuated by a belief that many persons had been unjustly
convicted, and this view of the matter was confirmed by
the fact that Counsel were not authorized or directed to up—
pear for the prosecution, but for the defence. From the in—
struetions he (Mr. Phiilips) had received, it appeared that.
the prisoner was possessed of a good deal of ingenuity,
and was about to proceed to Constantinople at a salary
of 3501. per annum, to superintend somo scientific ex-
periments in progress there, He made no secret of having
taken the metal, as his object was to make some experi-
ments for the benefit of his employers. If this statement
was true it could not be considered a case of felony, and if
any doubt remained upon their minds they would, of course,
give the prisoner the benefit of it.
The ColcMoN SERGEANT called Mr. Braithwaite, who
deposed that the prisoner denied having taken the metal.
YHILLIPS complained of the hardship and inconve-
nience;s4 of witnesses and new facts being gone into, af-
ter Counsel for I:.`s." prisoner
prisoner had concluded his statement.
The COMMON SEI
FANT having consulted with Mr.
Sergeant Arabin, who lieu
just entered, observed, that it
was competent for a Judge to ask tv‘c question he thought
proper, after the case for the prosecution had closed. lie
admitted, however, that he should have asked the queaon
before the Learned Counsel had commenced his address.
Mr. PHILLIPS again addressed the Jury for the prisoner.
The COMMON SERGEANT, in summing up, expressed
hope that the very unpleasant duty of conducting prosecu-
tions would no longer devolve upon the Judges. As pri-
soners charged with felony had now the benefit of Counsel,
he trusted that a public prosecutor would be appointed, the
more effectually to protect the interests of the public.
The Jury returned a verdict of Guilty, but strongly re
corninended the prisoner to mercy.
.Robert Osborne, 50, was indicted for embezzling the
sums of 2/. 12s. 9d., 21. Bs. l Id., and 4/, Is, 21, the pro-
perty of his employer, William Terry.
The prosecutor is a wholesale and retail grocer, carrying
on business at High-street, Bloomsbury, and Queen-street,
Soho, and the prisoner was employed to collect accounts.
It
w• a s the
-"dutys ol
laid
thei
np ritshoen er to
indictment,a c.oun ta
ne d
it was
forro
vt
ehae
foot: that
haayt. t
hTe
shee accounts
hli
al:
dtpS
breeenn-
sAntember,made PO Men:
money,ed received
thec e iv e9dtioi,nl6tltile,:paTrnedavtial
days. The prosecu-
tion of the
by Messrs. Monck
and he
paid to the prisoner on the previt,..... •
tor gave him into custody on the 24th of Septen-,..,LZ
begged time till the 27th, when he promised to make up
the deficiency.
The prisoner, who received a very good character, was
found Guilty, with a recommendation to morcy,