The Sun.
London, England, 1841-09-22 00:00:00

THE CASE OF I%IR. BANKES.

Mr. PHILLIPS applied to-day in this case on behalf of the
Horne-office to ebtreat the recogoizances.

Mr. Bonxix would not resist the application, but he thought
it necrss,ry to state the wound on which the application
was made. A Learned Judge had been applied to
for a writ of certiorari to remove the case into
one of the Superior Courts, that writ hart been granted,
and an impression had arisen in the mind of the de-
fendant that his attendance further was not necessary until the
case came on for trial • u[soa it being discovered, upon his
legal advisers being consulted, that his attendance was necessary,
the d4cridant who had leit, town had been written to, and urged
to return, and he had no doubt that before the end of the
Ses-ion Mr. Bankes would be in town. It would be no viola-
tion of justice to postpone the estreat of the recognizances to
tbe last day of the Session, and he trusted, therefore, that the
Court would do so.

Mr. PHILLIPS, on the part of the Home-office, was quite
willing to leave the case in the hands of their Lordships.
Mr. Jus ice AI RULE—You have had the writ of certiorari,
but you cannot use it in consequence of the informality.
Air. Bodkin—Yes.

Mr. Justice MA utc —lt is the conditional order of the
Judge that the writ shall issue provided the party enters into.
his recognizances, and here there have been no recognizance
entered into.

theMdr.efßeroidnau.nitNt—jtessu;chithasis
bneoenfatublet
ease; for
efolregta,l,
I defendant,
wi.heut consul'.
heut • mg them, and the very moment the writ i-sued,
adviser of
left town, supposing his further evidence was not necessary.
Mr. Justice MAULE—I think it would be contrary to the
usual course to esticat the recognisances Wire the trial is
called on.
Mr. PHILLIPS did not wish to take any course that did not
,p
iv
.phe rt h feo r
truer with the approbation of the Court.
The ease w2s iben order-cc' to stand
Fri-
day, in order to enable Mr. I.3a.nk.ts to.
provi-
sions upon which the writ. of ceiti • orari was granted.
cool:Tye

ATE-ty COURT..
named
Eliza Paul, was in.
dieAtedrerrtleaali)lnegloaokpiunrgse7il:inaining, two sovereigns, the pro-
petty of John
about
nine o'clock in thl,
The pros,euKt,,er'nsnl4
ntlilnagt: t
he Ilivae,l7,ctohmoirf,gSedpotleymnbuerld,
Fish-
I noney ao:o p , lest
sluri7(t-ahritl,l,,wher, eep'rlis.om•or.Lattlieadlt,urphtuoAhliimn:i
him fioorok the
,ck""d
,„ app elred for the defence, and eross-examioed
the Prosecutor , I
at. much length. y, he said he was per-
icetly sober at the time, and sought no familiarities with thee
priscrner.
City Police Constable 386 deposed to tilling the prisoner into
custody, and finding two sovereigns and ten shillings in silver
in her pocket.
PiJILLIPS addressed the jury for the defence, and said
he should be enabled to prove that the prisoner was a respec.
table widow r,siding at. Reading. and had only arrived in Lon-
d„o about two liners previous to the time named in tau indict-
and a- -o had plenty cf mercy of her own, so as to yen-
of the act R-ith ::;e. was charged ex.-
iiaprubi,',.:e. IL was iLther siiiirar that aft able-isudic'd
gentleman like the prosecutor v..tiuld allow a female to handle
him so quietly as he did.--[llr. Kemp, who seemed nut to
relish the badinage of the Learned Counsel, here looked up