The Sun.
London, England, 1841-12-07 00:00:00

CRIMINAL • COURT -(THIS DAY.)
_ _ _ _____

OLD COURi:

AN EXTRAORDINARY CASE—GROSS PERJURY.—
Elizabeth M'Cabe, 19, a respectable looking girl, was
indicted for stealing four bank notes of the value of 251.
and 10 sovereigns, and a great number of articles con-
sisting of a pair of stays, a quantity of knives and forks,
salts, plates and dishes, smelling bottles, tea pots, china,
glass ware, earthenware, and a variety of other articles,
the property of Bingley, a publican, residing in High-
street, Camden-town. - -

Mr. PHILLIPS conducted the prosecution, and Mr.
Clarkson appeared for the defence.
The case was proceeding when we went to press. We
shall give a full report in a Second Edition.
CASE OF RAPALLO.
Mr. C. PHILLIPS said he had an application to make to
the Court in the case of Ernest Rapallo. He always
understood that it was the usual practice when no bill
was presented that the prisoner should be discharged.
Mr. BODKIN said they made that application as Mr.
Lefroy, the principal solicitor, had left town, supposing
that the proceedings against his client were at an end.
The RECORDER said it was usual in such cases to
make an application at the commencement of the session,
and to state that a prisoner was to be admitted as a
witness. He understood that Mr. Maule was about the
premises, and he had sent Mr. Clarke to communicate
with him, as it might appear that Mr. Maule had been
sent to state the intention of the Government with re-
spect to the proceedings, as there had been no bill
presented.
Mr. Maule (the Solicitor to the Treasury) here
entered, and conversed privately with his Lordship.
Mr. PHILLIPS said there did not appear to him to be
a shadow of a just cause to keep the prisoner in prison.
They were aware that Rappallo had been examined by
the Government in Newgate, and made a full disclosure.
All they (Mr. Phillips and Mr. Bodkin) wanted to know
was, did the prosecutors claim the further detention of
this gentleman ?
The RECORDER—I understand the prisoner has been
examined as a witness, and that it is not the intention of
Government to apply for his detainer.
The RECORDER then addressed Mr. Maule, and in-
quired if he had received any such instructions of de-
taining the prisoner ?
Mr. MAULE—Certainly not.
The RECORDER—If it was not a Crown proceeding,
the course I should pursue would be to estreat the re-
cognisances. The proceeding would have involved me
in considerable difficulty, as I had received no official
notice to act upon. But I have now no difficulty, since I
have conversed with Mr. Manic.

Mr. C. PHILLIPS—It is but right that I should be a

lowed to state that nothing could be more fair than the
conduct of the Government so far as Itapallo had been
concerned. I think it right to state this, as it might be
supposed that we intended to throw an imputation upon
certain parties when they do not deserve it.
A long conversation then took place privately between
the Recorder, the Common Sergeant, the Lord Mayor,
and Mr. Maule.

Mr. PHILLIPS said there was a gentleman present from
the Treasury, and he had no motion whatever to make
relative to the detention of the prisoner.
The RECORDER—You should look to the Act of Par-
liament, which makes it necessary that such applications
as these should be mado at the commencement of the
session.

Mr. Pnimars--My Lord, I have made my application
to the Court, and I have heard nothing from Mr. Maule,
the Solicitor to the Treasury; to intimate that he is in-
structed to make any application for the detention of
this gentleman.
Mr. MAULE—I am not instructed at all.
Mr. BODKIN—I am quite sure that the Court,
as at present constituted, could grant the liberation
of this prisoner, and there was this difference be-
tween a private prosecution and a Government one, that
there:ought to be every leaning on the part of the Go-
vernment towards the subject.

.....
The REcounEa—Had it been a private prosecution,
we should have estreated the recognizances.
Mr. PHILLIPS—And you would have discharged the
prisoner on the estreat of the recognizances.
The CoaneoN SERGEANT—UnIess we thought the pur-
poses of justice would be frustrated.
Mr. PHILLIPS—Mr. Maule says_.
The CoaneoN SERGEANT—AS it appears to me, we
are to know nothing of Mr. Maule.
Mr. PHILLIPS—Your Lordship must be aware that
Maule was sent for by your Lordship.
The RECORDER—I have stated before, and I say so
again, as I never state anything privately that I would
not publicly, that I felt, as it was a prosecution in-
stituted by the Government, that there was some
difficulty arising out of the circumstance of the detention
of the prisoner. I therefore felt it my duty to desire
that a communication should be had with Mr. Manic
to know whether he had any application to make
on the part of the prosecutioarelative to this detention.
I know there has been an indictment presented against
Rapallo, nor was there an opportunity of his being ex-
amined as a witness in the Court. I had it intimated
that no evidence would be offered against this prisoner.
and I wished to have this fact certified before I became a
party to his liberation, more especially as he was charged
with an offence so tremendous.