The Sun.
London, England, 1849-11-08 00:00:00

MIDDLESEX SESSIONS, Nov. 7.
(Before the ASSISTANT-JUDGE.
TIM ESTIMATED RECOGNIZANCES OF LOLL MONTES'S

BAIL.

Immediately before the rising of the Court, Mr.
BODKIN entered, and, addressing the Learned Judge,
said he had an application to make on behalf of two
gentlemen, named Davies, who, a short time since,
became bail in a considerable amount for the appear-
ance bef.re one of the magistrates at Marlborough-
street Police-court of a certain party (Lola Montes,
Countess of Landsfeldt), against whom a charge had
been preferred, of the circumstance attending which
accusation nothing need now be said. At all events,
the accused party, in contravention of the terms
of such recognizances, did not appear, and
an application was made to Mr. Bingham, the magis-
trate, to enforce the payment of the amount of the
recognizances entered into by the bail--viz., 5001., as
regarded each of the gentlemen for whom he now
appeared. Accordingly a summons was issued re-
quiring the attendance of the two gentlemen, and he
(Mr. Bodkin) appeared on their behalf, when it was
arranged between himself and the legal representa-
tives of Mr. Wray, on whose behalf, as receiver, the
application for the enforcement was made, that the
matter should be placed in such a position that
the question of the legality of the recognizances
might be raised before this Court. Under these
circumstances, Mr. Bingham did not give dis de-
cision under the statute known as " Jerve's Act,"
under which recegnizances estreated before magis-
trates were returned to the sessions with a certificate
of default, and thereupon to be treated by the Court
of Sessions as if the estreat had been imposed by it ;
but he adopted a course of proceeding under the
Metropolitan Police Act, which gave the magistrate
the power of making a summary order for the pay-
ment of the amount of the estreated recognizances,
and at the same time gave the person against whom
the order of estreat was made a power of appealing
against it at the quarter sessions. With the view,
therefore, of enabling the parties to bring the question
before the Court, Mr. Bingham made an order for the
receiver,
immediate payment of the money to Mr. Wray, the
an datshatht wetecnt under
an erwhoircder hthweasoradpepreaed
wasl
made
required
against, the party intending to make the appeal must
give notice of such intention within 48 hours of the
making of the order, to the magistrate who had made
the order, the Messrs. Davies immediately
required notice to Mr. Bingham, who thereupon
required the Messrs. Davies to enter into sureties
for the due prosecution of the appeal at the next
ensuing session of the peace, for the county of
. Middlesex, and accordingly the Messrs., Davies
were bound, themselves in 5001. each, with four
sureties of 2501. each, to enter and try the appeal.
The parties were bound by the terms of the recog-
nizances to appear at the present sessions, to try their
appeal; but that, as the Court would in a moment
see, was quite an impossibility, for as yet no order
whatever had been served on the Messrs. Davies,
and therefore there was nothing to appeal against.
The order was made on the 24th of October, and
instructions were at once placed in the hands of
' counsel to draw the order, and he (Mr. Bodkin) was
prepared with an affidavit to show that the order bad
not been returned by the counsel engaged,to draw it
up. The question was a very complicated one, and
surrounded by many difficulties, but perhaps the
greatest was one which arose under Baines's Act,
which came into operation, as the Court was aware,
on the Ist 'of November. Under that Act a clear
and distinct notice of fourteen days was required in
every case of appeal, to the party who was placed in
the position of respondent, but how could that notice
be given in a case where the order appealed against
was made on the 24th of October, and the appealing
party bound to try the appeal at the sessions com-
mencing before the required notice of fourteen days
had expired. The order was not served, and no one
could tell what its contents would be ; but he sup-
posed it would bear date the 24th of October as the
day on which it was made; were that so, to enter an
appeal now would be futile; but here the parties were,
pursuant to their recognizances, to bring the question
to trial. Under such circumstances, as he had
stated, he thought the Court would not object to
enlarge the recognizances to a future session, when
perhaps the order would have been served upon his
client. The Learned Gentleman then handed in
two affidavits, sworn by Henry Reeves, clerk to
Messrs. Davisson and Campbell, of 21, Warwick-
street, Regent-street, which set forth in the usual
way the facts which he had detailed in addressing the
Court. He said he had been considering whether it
would not be advisable for his clients to enter their
appeal now, and then move the Court to respite the
appeal as well as to enlarge the recognizances. Per-
haps that course would obviate all the difficulty.
The Learned JUDGE thought if the appeal were
entered now the objection as to the notice of fourteen
days would be tenable; besides, there was nothing
before the Court to appeal against; still, everything
required by Mr. Bodkin should be done, but it would
be at the risk of the parties by whom the application
was made.
Mr. BODKIN Said Mkt notice of the present applica-
tion had been given to the opposing party. His
friend Mr. Clarkson, who was retained for them, had
informed him that they would concur in any order
the Court might make upon the subject. He had
thought that it would have been better had the appeal

been entered now (as it might have been abandoned
subsequently), but after what had fallen from the
Court he would confine his motion to a respite of the
recognizances of his clients until the next general
quarter sessions, and he hoped that the Court would
see that his clients were not harmed by the difficulty
in which they were placed, for they had appeared
according to their recognizances.
The Learned JUDGE said there was no fear of that,
and granted the Learned Counsel's application.

POLICE INTELLIGENCE.
GUILDHALL.
Mr. Hugh Swan, who refused to give any address,
but who lately carried on the business of a draper in
Hanway-street, Tottenham-court.road, and High-
street, Camden Town, was again brought up for final
examination, on the charge of having, by his own
confession, destroyed certain accounts relating to his
sales of goods previous to his becoming a bankrupt.
The main facts of the case have already appeared ;
and additional evidence having been given,
Mr. Alderman CARDEN said he considered it to be
proved by the prisoner's own confession, that he had
destroyed the documents relating to the sale of cer-
tain goods, and it was to be inferred that he did so
for purposes of concealment. The fact being proved
he should not venture to decide the question of law,
whether certain words operated as a repeal of the
punishment of indictable offences under the Act. The
presumption was, that the Legislature did not intend
to do anything so mischievous to the interests of
society; and he should therefore send the case for
another tribunal to decide upon.
Mr. Parry applied for the bail to be mitigated, as
it was very heavy.
Mr. Alderman CARDEN did not feel inclined to
reduce it; and it still remained as before, namely,
himself in 3001., and two sureties in 1501. each.
There only being one surety in readiness, the pri-
soner was conveyed to Newgate.
Mr. Samuel Miller, the relieving officer of the West
London Union, Smithfield, was summoned to show
cause why he refused to give relief to several wretched
creatures who had made application to him.
Edward Smith said that he had a wife to support,
and for some time past he had worked in the stone-
yard, and earned a shilling a day and a loaf on
Saturday. The guardians had, however, sent orders
that no one should be allowed to earn more than 9d.
per day, which he and his wife could not live upon,
and he accordingly applied to Mr. Miller for relief,
which he refused to give, but, on the contrary, said
that if he did not leave the place, he (Mr. Miller)
would give him into custody. He accordingly applied
to this court, and obtained a summons.
Alderman CARDEN asked Mr. Miller what answer
he had to give for refusing relief to a person in such
want ? Mr. Miller said he had no power to do so.
The board of guardians had sent instructions to the
stoneyard that for the future 9d. per day was all the
men would be allowed. He bad nothing to do with
the stoneyard, and was likewise ordered not to relieve
any person coming from that place.
Alderman CARDEN—That has nothing to do with
it. You are the servant appointed by the Poor law
Commissioners, and not the servant of the guardians,
and therefore, as relieving officer, you are responsible
for refusing the applicant, and I could inflict a penalty
of 51.

Mr. Miller—l am not to blame.
Mr. Alderman CARDEN— Yes, you are. Here is a
man who has a wife to support, and only gets ls.
per day, which is now reduced to 9d. Do you think
that sufficient for them to live upon ? Mr. Miller—
You see, Mr. Alderman Carden, the awkward posi-
tion lam in. I have every feeling to help the par-
ties, but am forbidden. I will give an order if you
wish.

Mr. Alderman CARDEN—Then you refuse relief.
As you are the responsible officer and independent of
the board of guardians, you ought to have relieved
this person last night ; and, to begin, I shall fine you
20s. for not; doing so. The board of guardians may
make what regulations they like, and may reduce the
wages of men from ls. to 9d., 6d., or 3d. per day, but
when those persons apply to you for further relief, you
are bound to give it, whether the guardians have
ordered otherwise or not.
Another fine of 20s. was inflicted in another case.
After some conversation, Mr. Miller said he would
relieve; and then left the court.
BOW-STREET.
John Duncembe, of 10, Middle-row, Holborn, was
charged with exposing obscene prints in his shop-
window.
Mr. Clarkson appeared for the Society for the
Suppression of Vice, and Mr. Bodkin defended the
accused.
William Ealden, verger of 'Westminster Abbey,
living at 4, Vincent-square, stated that, after an in-
terview with Sergeant Chadwick, of the F division
of police, he accompanied an officer to the defendant's
shop, in Middle-row, on Friday the 12rh of October
ult., where he saw exposed in his window the coloured
frontispiece of the book now produced, which was of
an obscene and indecent nature. It was openly ex-
posed with other prints, similar in character. Wit-
ness went in and inquired for the book, and it was
delivered to him on payment of sixpence. The book
was a copy of the one in the window, and in every
respect similar. He saw other indecent prints there,
He afterwards went back to the police station with
Chadwick.
Sergeant Chadwick stated that he stood outside the
defendant's shop-window, and saw the last witness go
in and purchase the book in question, copies of which
he saw exhibited in the window. Witness saw that
Ealden had no such book in his possession before he
went to the shup.
John Scott said that he lived at 2, Southampton-
buildings, Holborn, and was assistant-collector of
the assessed taxes. He knew the defendant, who
paid the taxes of the house in Middle-row. Wit-
ness did not think, however, that he resided there
himself.
George F. Heath, toy dealer, 8, Middle-row,
Holborn, knew the defendant's shop, and had fre-
quently seen him there.
Mr. Bodkin admitted that the house in question
was occupied by the defendant, although he did not
reside there. If his worship thought that the print
produced was of such a nature as to make the de-
fendent liable to the present charge, it only remained
for him to express the extreme regret of the defend.
ant that it had been exhibited or sold, and to make,
on his behalf, a pledge to the society that he would
immediately place every print of the kind in their
hands, and discontinue the sale of such things in
future.

Upon inquiry it was found that the defendant
had been convicted of a similar offence about twenty
years ago.
Mr. HENRY consented to suspend his judgment, to
see what steps the defendant would take.

THE SPA-FIELDS BUEIAL-GROUND.—A committee
has been formed for the purpose of presenting a testi-
monial to Mr. R. Watt, for his unremitting exertions to
effect the closing of this burial-ground.
STRANGE AFFAIR AT THE NOTTINGHAM BAR-
RACKS.—That gallant regiment the 3d Dragoon Guards
seems determined to supply all the gossips of the town
with constant employment for their peculiar talent.
The hero of this week's incident is a dashing
young subaltern belonging to the regiment. The
quarters of this gentleman were on Tuesday night visited
by a fair yourg damsel, who, we are informed, has not
latterly been quite so welcome as she was formerly.
Having suspicion that some other " Ladye Fayre" had
usurped the share of the gallant officer's friendship, that
she formerly considered her own, "green-eyed ji alousy"
was aroused, and with all her soul she sought for revenge,
and found the means of it in her scissors. These she
was forgiving enough to use in improving the condi•
tion of his wardrobe. This kind office she continued
without any interruption for some time. At length,
however, she came to the conclusion that she had carried
her kindness to a sufficient extent. She then left the
room—the uniform of the bold dragoon having been
converted into a much more romantic one than the
regulations of the Horse Guards generally allow
them to be. Mr. returned to his quarters a short
time afterwards, and there, to his groat surprise,
instead of the neatness which so generally characterises
a single gentleman's apartment, were to be seen on every
side taw rs of gold braided trousers, sashes, epaulets, em-
broidered vests,
linen, sections of oil paintings, and
many other articles, which had fallen before the shears
of this modern Atropos. For come time he stood speech-
less with amazement. No one could inform him who
was the cause of the havoc he beheld. At length, how-
ever, he was told that Miss had been in his room
for some time, waiting patiently for his company. He
then immedidely, recognised the band that bad perpe-
trated the mischief; but no steps have yet, we believe,
been taken to bring the offender to justice. The da-
mage altogether will amount to almost 1001.—.Nutting-
ham Journal.

TRICXS PLAYED UPON NEGROES.—There is a bush
story of a negro who, for a bottle of rum, agreed to
strip to the waist, and lie on his face, to be bitten
for a quarter of an hour by the mosquitoes at
the Joggins of New Brunswick. He endured his
pests manfully, and had nearly won his prize,
when one of the lumbermen who stood by laid on
him a small pie ce of live charcoal, when the negro
wriggled and twisted about frightfully: at last, unable
to hold out any lot:ger, he jumped up, calling out
"W isooh! not bargain for dat; dat draagon fly!"
Lumbermen play sad tricks to the negroes sometimes;
at a coloured tea drinking, a lumberman slipped "a
plug" of tobacco into the kettle, when an old negress
who presided called out "M. o water! mo water! too
'trong for missa 'tomach."—Sir. J. Alexander's Acadie.
[ADVERTISEIdENT•]—Captain Kramer, of the barque
Wilheimer, cured of a dreadful Scorbutic Complaint by Hol-
loway's Ointment and Pills.—ln this astonishing case the who;e
of the body and legs were covered with lumps nearly the size of
Tonquin beans, acd had been so for the last thirty years ; sur-
prising to relate, this terrible disease completely disappeared
from the system in the course of a month, by having large
quantities of the ointment well rubbed in every night and
morning, and taking the pills in copious doses. This cure is
clown to many respectable people, as the vessel was discharg-
ing her cargo in the Thames only about a fortnight since.—
Sold by all druggists, and at Professor Holloway's Establish-
ment,2l4, Strand, London.