The Sun.
London, England, 1836-08-23 00:00:00

PRISONERS' COUNSEL BILL.-PRACTICE OF THE COURT.

The CHAIRMAN said he should take this opportunity of
mentioning to the gentlemen of the Bar that, as the Pri-
soners' Counsel Bill would not come into operation until
the Ist of October next, it had afforded him an opportu-
nity of consulting its provisions with a view to settling the
practice under it in this Court ; or, at all events, of throw-
ing out some 4uggestions for their future regulation. In
the first placle, then, he would propose that an option
should be given to the Counsel for the prisoner to address
the jury either before or after the calling his witnesses; and
in the second place, he would propose that the Counsel
for the prosecution should not be restrained from cross-
examining witnesses to character in cases where the pri-
soner had the benefit of Counsel. In support of his first
proposed regulation, it must be clear that it would be more
fair, to the prisoner to give the option to his Counsel of
making a Vbech either before or after calling his witnesses,
inasmuch as great difficulties often arose from Counsel
making statements of facts which were afterwards to be
proved, and when the case for the prosecution was minutely
opened and commented upon ; and when also witnesses
varied from each other, as, from accident or forgetfulness,
they might do, without any bad intention. In such cases
great advantage would be taken by the prosecution. If the
case were not fully opened the effect would be lost, and this
was an evil which was greatly felt at nisi Arius. In sup-
port of the second regulation which he suggested, his object
was to give good character its full weight—the better the
witnesses the more could they bear being sifted, and by
giving Counsel for the prosecution the right to do so, the
manufactory of witnesses to character would be got rid of,
and a great hindrance to the due attainment of public jus-
tice would be avoided. This right to sift the evidence to
character had always existed, but out of tenderness to pri-
soners it had not been exercised. There was a third sug-
gestion, which it occurred to him to throw out ; he alluded
to cases where only witnesses to character were called, and
whether, in such cases, Counsel for the prosecution should
have the right of reply. There would be some difficulty in
settling that point, but it was worthy of attentive con-
sideration.

Mr. PRENDERGAST expressed a hope that Counsel for
the prosecution would not be permitted to have a reply
where only witnesses to character were called for the
prisoner.

Mr. PAYNE—By an act recently passed I believe that
Counsel were deprived of the right of reply in all cases
where witnesses to character only were examined, unless,
indeed, where there was a previous conviction.
The CHAIRMAN—We make it a practice in the Midland
Circuit never to open such cases, unless when they involve
a complication of extraordinary circumstances.
Mr. PAYNE—That is our present practice at the Central
Criminal Court.
The CHA tamAN—Let it be understood that this Court
will not be the first to set the example of taking away the
right of the prosecutor's Counsel to reply.
Mr. HEATON concurred with the Court in the necessity
of exercising caution before laying down any strict regu-
lations upon the points referred to by the Learned Chair-
man, and so as country sessions would be very like the
more to follow the practice here.

The CHAIRMAN—There can be no doubt but that the
new Bill will considerably increase our labours here.
Mr. PAYNE—That, I believe, is our opinion generally,
but this I must say that if Counsel do not speak for their
clients in reply they will think that they are sold.
A further conversation then ensued between the Learned
Chairman and the gentlemen of the bar, as to the other
regulations which the new Bill might probably render ne-
cessary to carry out the intentions of the Legislature for
the further protection of accused parties.
The Bar having concurred in the propriety of the regu-
lations suggested by the Learned Chairman, the conversa-
tion dropped.
John Sullivan, an athletic-looking young man, was found
guilty of an aggravated assault upon the police officers at
Temple Gardens, near the river Lea, on the lOth of July
last, and sentenced to nine months' imprisonment and hard
labour in the House of Correction.

Just before the adjournment of the Court, the grand
jury ►eturned true bills against John M'Gowan, of 61, Pic-
cadilly, against James Gray. James Ashdown, William
Cannon, Goodey Levi, and Walter Dowley, of the same
place, for a nuisance in keeping a common gaming-house.
Also against George Desboro and others, of 5, Park-place,
King-street, St. James's ; and also against James Russell
and John Woolrey, of Park-place, for a like offence.
The Court then adjourned at five o'clock, having pre-
viously cleared the calendar of all the cases, none of which
possess any feature of public importance.

POLICE INTELLIGENCE.

MANSION-HO USE.

Alexander Fradgley, who was a clerk at Currie's bank-
ing.house, absconded on the 17th of July last, taking with
him, as the firm conjecture, a considerable sum of money,
and several of the books. His object in removing the books
was to prevent, in the event of his apprehension, the proba-
b;lity of proving that he had stolen the cash. Immediately
after the disappearance, Daniel Forrester, the officer, was
sent to France, to strip him of the stolen property. For-
rester persevered in the search, and succeeded in appre-
hending Fradgley, but the French authorities refused, as
has been always the case in felonious transactions, to allow
the delinquent to be carried out of the kingdom vi et armis.
If Fradgley took much money with him he must have se-
creted it, for upon ripping up all his clothes and packages
Forrester found no cash nor account books ; but it is satis-
factory to know that Fradgley will be tried in a few days
for travelling with a false passport, and no doubt will be
imprisoned for having so done for the term of six months.
Very great consternation has been occasioned in the City
by the numerous heavy robberies which have been commit-
ted of late, and it is the determination of the City Police,
whenever they can lay their hands upon a thief who may
escape to the Continent or to America, to take 'every shil-
ling out of his possession by force.

-Mary Donovan, an aged Irishwoman, was brought be-
fore Alderman VENABLES, charged under the following
circumstances :

On Saturday evening, for the purpose of exciting com-
miseration, she walked into Billingsgate-dock, to make
people suppose that she intended to drown herself. The
Dock happened to have very little water in it, and she
stuck in the mud, and began to roar out to the people to
let her out of so disagreeable a situation. Upon being
pulled out she was covered with an old blanket, her clothes
being all wet and filthy, and upon being asked where she
lived, she stated that he lodging was at a distance of about
five miles. A cab having been provided for her, she pro-
cured a cigar, lighted it, and smoked very comfortably as
she drove along. As soon as she got from town about
half a dozen of miles, she told the cabman that he had
better drive back, as she then recollected that she had left
the lodging for some time. The cabman accordingly drove
back to Billingsgate, and having smoked the cigar and a
couple of pipes of tobacco, from Billingsgate she was sent
to the Compter.
The ALDERMAN asked her what account she could give
of herself ?—The old woman said that she came from Cork,
and supported herself by selling fish, but having no money,
she thought she'd walk into the Dock, to see how she should
like to be drowned, as she fancied it was an easier death
than starvation, but she didn't think much of either, and
would wait God's time.
The ALDERMAN asked her if she wished to return to Ire-
land ?—She replied that she had no relatives in Ireland,
and was by this time wholly forgotten, for it was quite won-
derful how poverty played old Nick with the memory of
people's nuld acquaintance.
The ALDERMAN—You have needlessly been the cause
of expense and told a falsehood, and you are aware that you
have been doing very wrong.
The old woman—Please your Honour I never had so
pleasant a ride in my life, and I enjoyed my pipe too.
The ALDERMAN said it would be no injury to the poor
woman to give her a lodging in the Compter until the Lord
Mayor should decide what to do for her.
Mr. HOBLER said that the hard hearts of the parish offi-
cers having been made more hard by the power which
the poor laws gave them to refuse assistance to the poor
wretched creatures like the old woman, there was no use
in applying to such authorities ; and the Lord Mayor had
several pensioners, who, but for humanity, would die in the
streets.

The old woman was sent back to the Compter for a
few days.

BOW-STREET.
Yesterday Robert M‘Gee, a young man of rather for-
bidding aspect, was charged with stealing a cheque for 1001.,
the property of Mr. Barron, the well-known builder, of
No. 45, St. Martin's-lane. The prisoner was brought up
in the custody of a city police constable named Clapham,
No. 82, who deserves considerable credit for the manner in
which he contrived the apprehension of the prisoner.
It appeared that the prisoner was a clerk in the employ-
ment of Mr. Barron, and on last Saturday week, Mr. Vine,
a clerk in the same establishment, gave him a cheque upon
Sir John Claude Scott and Co., bankers, Cavendish-
square, for 1001., directing him to go immediately and pro-
cure the cash in order to pay the workmen. The prisoner

in whom great confidence was placed, left the office with
the cheque, but did not return. Information was given to
the different police-offices, and Clapham having acquainted
himself well with the description of the offender, watched
the steam-packets going off from the wharfs near London-
bridge, and yesterday morning he took him on board the
Princess Victoria steam-packet bound to Ramsgate. The
officer found sixty-three sovereigns aad a half, and some
silver, on his person, which he at once admitted formed
part of the proceeds of the cheque, and said he had " mud-
dled" away the remainder with some women.
He was remanded till Thursday.