The Sun.
London, England, 1841-12-04 00:00:00

V ENING SUN

' '4lamts !fie, and which presents the prospect of
thine remainder of my life, bereft of everything
it can render life desirable, and as a means
toY by its continuance o 1 protracted pnitishment
me, and of wretchedness to those near and
inoif:sro utouhinap ep';nd who are interested in the fate
a being. The only use of that
now must be to enable me, by the fittest
disclos of every part of the transactions, to
aninish the conseqnences of my crime, and,
much as possible, to offer the only atone-
one t in my power ; and, dreadful as every
Perceives my present situation to be,
can declare, that, whatever may await
during
the horror cannot equal what I have endured
oftiring the years of anticipation of the discovery
8 TrlY guilt. My Lord, I await your Lordship's
tentenee in a spirit of respectful submission, and
:Peat that I know my crime has been great,
peat
I also feel assured that in the execution of
Will' high functions, and in the judicial censure
willY offences, your Lordship will never be un-
latiful that mercy is the best attendant upon
Justice, and that while the best of men need to
01 aloud for mercy at Heaven's bar, it should
°t be forgotten in the administration of justice
4Pon earth."
selle prisoner appeared to be deeply affected at
wral parts of the address, more particularly
hehveel! he alluded to his family, and the disgrace
44(1 entailed upon those who were near and
Cl' to him. When he had concluded, he
h:tied heavily against the bar, with his head
Ig;tig down, as if unable to support himself.
ha4r• Baron PARKE said—" The course you
io.ve pursued on this occasion, in publicly
ii:flowledging yourself guilty of the hei-
Ills offences imputed to you, and which
.from
Nearn, from the depositions and
ye'rself, have been carried on for a long series of
40ars hack, leaves to me only the duty of an-
-4:.s
neing to you the punishment which the law
41:g to your offence. It is a painful duty to
00: but it would have been a much more painful
Itae had I to pronounce that punishment which
440 assigned to it a few years ago; because I
stad have had to announce to you, not-with-
-04:
'mg all that you have said in the way of
1 10n, that your life must be forfeited to
aw
, and that you should perish by an
annious death on the scaffold. The huma-
th
„014. e law now prevents that, and leaves
hi.inle for repentance. But notwithstanding
e,41;9' Yon have said, and the contrition you have
kt,Lessed, you must have been aware of the tre-
-3,00 '4,(Als consequences of the crime of which
bare acknowledged yourself guilty, and
Net" it is now my duty to pronounce upon you.
ektilt? me is a painful duty to discharge, be-
\s'4o ltin sorry to pronounce it upon a person
44 'as filled a situation of trust and confi-
i?ehteeC who has walked in the station of a
Of
tillian) and who belongs to a family
444 ,:t_es highest honour and respectability,
dal hose name is illustrious in the naval an-
Arotc/f this country. It is painful for me to
nee the sentence of the law upon you ;
414 °°king at the consequences of your crime,
• the
lath deep injury it has inflicted upon so-
,
nu.th can do no less than to pass upon
the -me severest sentence which the law allows
co,

Aorta .)u-rt to pronounce, namely, that of trans-
(liBo.tl°ll for life. You have done yourself no
Clift 'edit by the course you have pursued—you
e (lone Yourself no harm; and I trust
tillati„t,"se who may hear the statement
*4 ---C's fallen from your lips to-day, may take
the g, and see what fatal consequences are.
Ales' It of a sin le i deviation from the prin. ci--
itsPositF44re 21:notnotnor and integrity. It is im
feel for you as a man.; butfe
atto trlagistrate it is my duty to censure in the
114vettgr.,,st latignage I can the wicked crime you
hand -41nnitt d • h has entailed ruin upon.
~ reds e , which
ir „,,,,,°t. individuals, and loss to many of
ttilt:he tv..4.7titt.pfr?rtu. fortune, all in consequence
Principle you have shown. Under
luts;.eiteliulm-statiznel- Ie should be wanting in my
-vverlfsti toll'‘Altees' you the least hope that the
int rest
sentenep
° effect` - of the law
1114" id "--11 sentence which, as you yourself
,uereftSani'.,e° nsigns you to punishment for life
t. the au that renders life desirable. By law,
ill fn-- r,e3t nfyour existence, you will be a slave
The -reign land, and condemned to hard labour.
lib- Sentence of the Court upon you, Edward
e
ttah'ilkont Smith, is, that for this offence you
Pat"Vorted beyond the seas for the term of your
Iltal 1;1 "
,_lll. ' e*
4fi,• A prisoner here fell back into the arms of
the deers,
and was assisted by him and one of
-ulcers, down the stairs of the dock.
tt..,
ri/ph ;No CHEQuEs.—. William Gregory
andßigg
1 „` aYboddy were charged with forging
4(1 e•
el,,Lle for 2001., with intent to defraud Sir John Paul
"' be,": There was another count, charging the intent
k.-' defraud Mr. R. Williams.
br„ ,
.11 and Mr. 114
4'11141 Chambers conducted the case for
4- vseNtion and called the followingwitnesses :
r. c ,
j'43 barles Ward—l am clerk the banking-
gth °I Sir John Paul, Snow, and Co. 0.. n.
wasthe
Nh;all4 October last, the cheque produced (for 200/.)..,e
N:le,k's i_ rrpayment by the prisoner Bigg. While
'" Jtih- ,-.we
,c getting the notes lan took the cheque into
.'ller tZratil s room. I returned, d desired the prii
44k* the- g°. into Sir John's room. Shortly afterwards .
t,,5114 e,"Prisoiler running to the door, and heard Sir
4%-‘44llr3a„it.cAit "Stop him " The prisoner was stopped,
tht f0—,..4. _to Sir Jo- hn Paul's room and a constable was
Ni/tll of -110 cheque need' for 1001., dated
(b, as th 1841, waPsrodpaid.b me. This cheque, as
deg .le wit August,other purports to be signed by Mr. Williams.
'll'''' 4ess then from the books of the bank,
.read
e:
tllt'iltlll a the9notes given in change for the chequ
Niir).lllbei.4-11glist.) also cashed a cheque dated 17th
I)q'tlioa Purporting. to be signed y Mr Williams.
itilNNj described the notes given in change.). I
have
Sir °t' of the person of the man to whom I paid
tr,--,r tioths-iLose cheques.
Iktt'lell, bs"ean. Paul, who gave his evidene. e from the
lii,viu),,ttlenibered receiving a communication nom
meat
ewa-'3' l'elative to a 200/. cheque. Bigg came into
IttirOisont:r°4l,, and witness said. to him you are
tlib, elPNa„,4o,r forgery. Bigg said he was innocent,
4kr-r; Witn'' Ills wonder at witness daring to accus
4.8, wli ess said he should send for Mr. Wi1e.A,,,,(1,
e.A,,,,(1, 4'l-n 011'241d prove that it was a. forgery. Bigg.
le,* Wit',, -4ed not do that, Mr. Williams is out of
14 run te•dn",,''ess said, "If so, how came he to sign the
441 41v 17., You convict yourself." Bigg attempted
I, ;`• Ar ;V out was stopped and given into custody._
Nt,-; Robert -'„Williams had an account at the bank. _
',.),. ' are i: ' • W. Williams—l am an attorney. My
A Illpi -" the Temple. The prisoners 'e in
Or ah, °3'runnt • • clerks for about. .
,i 1 a -.4 a half as writing
sliq- *el, —l'. Paybody had 188-
140' '14.,-1) ni: I drew cheques on Snoaw7selka'nkandfrßomignga
°4(1411e °j"'T.Which I kepi in a drawer of my desk i
i -'
°(:(;°e'ned up. I noticed that the cheque-book
Pt ni V.. unsown. Payboddy quittedi signatures la°! three' tare}, of the present year. ei to
'lttjtion elLeques produced are all forgeries.lh It is a good
tpti -lonks,-,-;.',Y signature.
ti°43,,1/11 tl " ilitehead, policeman, took Biggs into cus-
-401 note' 9th of October. In searching him a ten.
iSat'ti., a Was found onhim.—(The note was pkro.)
soar blaiir, w,as oneof tho 'e described by the cler
k -.'
eileques of a similar sort were also found upon
t
N., rk, w
,14 1._11.0 test4n, policeman was on duty at the sta-
it riiii; wnen Bigg was brought' there. Bigg said to
tit.-,", tne,Th,s'S clerk that Payboddy was at the bottom of
41:1;44 that they would find him down by the church,
Ilf)t-',"'3 Chun butcher's dress. Witness went to St. C.t "ad "'el, about 30 yards from the bank, but did
‘),.4114,,,qb°(13' there. Witness went to Gooch-street,
%,4,41e,," Cuurt-road and found him stading outs.ide
NI 1413,.. 3*.01), which was his own. Het took him into
yuntit :,_ J uness told him what for. He said "I. know.
ek.tlie 11. Witness then told him he must go with him.
l'lreted IN' to the station-house, witnesss said, " !
,I.°ll,Qr said find you down by the church."
1 'l.ll U-falsl' " Who told you I was there ?
A ,1444t1(r, - the truth Iwas there." Bigg called on me
)3i:llt Itt;{°oo, and asked me to go for a walk with him.
Ile'k Werj:ar as the church, and waited outside, while
(‘)lkt 1444" iato the bank. I always considered .Bigg to
thtft) k V 4 Property." Witness understood him to. say
11Qasto°7111 who was talking to him when he was taken h,,,itli,"c!,'llad told him all about it.
the Nil 013111'—Payboddy was first of all allowed to
't II 'Y kr. lie was again takes, into custody
thqoaephinr4da_
(.1 y following.
11:L/rori,°skin—I am clerk to the prosecutor. I know
4;4 -:'„t fo-,rs• On the day Bigg was taken into custody
110' kr:',° to a neighbouring public-house, and asked I il illiarns was in town, and said, w
erg q'tirered hina that Mr. Williams was inWale . qi 4h()1,,i Withesses were then examined for the purpose
l'ti't. keep4g that Payboddy had at different times pur-
l) 11Rilessta,nd cattle in Smithfield, and paid for theca
~c4ot'te;i:,*",e Produce of the two forged cheques cashed
ill, 41%, 4,44 in August and September.
tip' t'iese was John Bates, a slaughterman, at.
1,,,1'R. 41' Slaughter-house, Clare. market. Bates
tlii.lll4tpr called
into the witness. box appeared in his
till!' ;
~ ;31(ssional toggery, covered with grease and.
ii:, till' Ilan' cuts hort, a Id Laurie, with underneath it
ka_ll. ii°,,s_e faces Which George Cruilcshank alone could.
471. har
bfeollowing dialogue took place, after the wit
tot, '4 sworn :___.
LIN--Do you belong to tho upper house 2

)Loud laughter.) Witness (with great solemnity)—l
do.—(Roars of laughter.)
Mr. BODKIN—Did you, on the 4th October, slaughter
any cross-grained beasts, in the upper house ?—(Con-
tinned laughter.)—l did for Payboddy.
Mr. CLARKSON, Counsel for Bigg—l suppose there
were other cross-grained beasts in the upper house be-
sides those you mention.—(Laughter.) Witness—Oh,
yes, a great many. The Member of the Upper House
then withdrew amidst what the French would call the
"greatest hilarity," in which the Learned Judge joined.
Mr. C. PHILLIPS addressed the Jury for the prisoner
Payboddy, and complained that the deposition of Wes-
ton had not been returned from Bow-street, and contended
that there was no proof whatever that Payboddy had
any guilty knowledge of the uttering and forginz of the
cheque, which was the object of the present inquiry.
Mr. CLARKSON said he could offer no defence for Bigg.
Several witnesses gave the prisoners a good character.
Mr. Baron PARKE summed up, and the Jury returned
a verdict of Guilty against both prisoners. Payboddy
was sentenced to be transported for twenty years, and
Bigg to be transported for fifteen years. In passing
sentence,

Mr. Baron PARKS said, that aggravated as their case
was, it was not so aggravated as the case in which
he had passed sentence this morning, and that there-
fore he had passed a lighter sentence, as he felt it
necessary to make a distinction, and could not on the
same day bring himself to pass the same sentence on
such an offence as theirs, as he had already passed in
the case of a much greater culprit.
DISMISSAL OF THE GRAND JURY.
CASE OF RAPALLO.

The Grand Jury were dismissed last night. No b,
had been presented to them against Ernest Rapallo.

LAW INTELLIGENCE

CHANCERY COURT-(THIS DAY

The Lord Chancellor was occupied, during the whole
of the morning, with the hearing of lunatic petitions,
which offered no feature of public interest.

ROLLS' COURT.-(THIS DAY.)

THE SHEFFIELD CANAL COMPANY V. THE SHEFFIELD
AND ROTHERHAM RAILWAY COMPANY.
The MASTER of the ROLLS gave judgment in this
case, which was argued in November last, and the facts
of which were fully reported in The Sun. His Lordship
said the suit arose out of an agreement founded on a
letter for the payment of an annuity of 1001. by the defen-
dants to the plaintiffs; and having recapitulated the facts
at length, and dwelt particularly on the declaration of the
agent of the defendants at his last interview on the subject.
with the agent of the plaintiffs that " they would fight it
out," his Lordship said that he was of opinion there
had been a waiver of the agreement by the agent of the
plaintiffs, which agreement could not therefore be re-
newed by his subsequently accepting it. The plaintiffs'
agent had rejected the offer of the 18th June, and could
not bind defendants by it. On the 20th, the defendants
having conceded one point, were willing to renew the
contract, but this offer was rejected by the agent of the
plaintiffs, as the former had been, and it could not now
be converted into a binding agreement. He was of
opinion there-never was a binding agreement, and the bill
mast thereforo be dismissed with costs.