The Sun.
London, England, 1847-07-06 00:00:00

MORNING-3 JULY 6, IM7.

no one has any bill or promissory note of mine that I
am aware of. I gave instructions for the apprehension
of the prisoner, on a charge of fraudulently obtaining
two bills of exchange.
Monsieur J. Orsi examined—Resided at 18, Stock-
bridge-terrace, Pimlico. Was private secretary. to
Prince Napoleon. In the early part of June had received
instructions from the Prince respecting a loan of 2,0001.
Had never applied to the prisoner on the subject.
He was quite a stranger, and had never authorised
him to call on the Prince. First heard of Pollard
on the Saturday, when he accompanied the Prince
to Essex•street. Saw the servant girl at the house, and
can confirm all the Prince has stated. Had since been
to Eisex- street, and had seen Mrs. Lee, the landlady,
and also Mrs. Pollard. Called again on Sunday, and
saw Mrs. Lee again. Did not see Pollard at all. Went
afterwards to Mr. Symons's house, No. 16, London-street,

but did not sea the prisoner.
Cross-examined—Did not know how Pollard came to
hear that the Prince wanted accommodation. Had only
applied to Mr. Arnold, of Sackville.street, on the

subject.
Mr. J. Arnold, of 37, Sackville-street, examined—
llld an application for it loan of 2,000!. for Prince Na-
poleon made to him. The money would have been ad-
vanced almost immediately. 500/. or 1,000/ would have
been advanced at any moment. Had a knowledge of the
prisoner. and had not instructed him to apply to the
Prince to make the loan. About a week ago the prisoner
was pointed out to him at the late Crockfurd's Club, in

St. James's street.
Cross-examined—Some gentlemen have more difficulty
in raising loans than others. Had mentioned the fact of
the Prince wanting a loan to three persons only.
Ann M'Lellan examined—Was servant at No. 10,
Essex-street. Recollected the Prince calling to see Mr.
Pollard last Saturday week. Mr. Pollard was then in
the house. The prisoner occupied the front parlour.
Any one in the 'parlour can see all persons who come to
the door. Monsieur Orsi called on Sunday. Mr. Pol-
lard was in the house at the time. Mr. Pollard was also
in the house on Monday and Tuesday following. The
prisoner had lodged about three months in Essex-street.
He had always been at home with the exception of three

days last week.
Mr. Bush here said be was prepared with other testi
mony to show that the prisoner was in actual possession
of the bills very lately, but he wanted the evidence of
certain witnesses to complete his case, and he should,
therefore, apply for a remand. The evidence he should
produce would show that toe prisoner had avowed his
felonious intention, and that he had boasted to others
that he had " got hold of a very good thing." As far
as the evidence now went, be contended that a felonious
intent had been proved against the prisoner.
Mr. Hawkins wished to know what charge he was to
address himself to.
Mr. Bush said the case was one of felony; but, at all
events, the larceny was established.
Mr. Hawkins denied that this was proved. Admitting
all to be true that had been given in evidence, there was
no case whatever against the prisoner. The stamps were
the prisoner's own property, and the fact of the Prince
having signed his name on them did not make them the
property of the Prince. He contended that the whole
case had failed.
Mr. Bush insisted that the Prince bad a property in
the bills. The bills were not the property of the pri-
soner. When laid on the table with the signature or the
Prince, they were the property of the Prince, and,
though. the prisoner afterwards put his name to tnern,
and took them away, still he maintained the Prince con-
tinued to have a property in the bills, and could main-
tain an action of trover for their recovery. But, in ad-
dition to this there was a palpable fraud and misrepre•
sentation. which the prisoner had no right to escape
from.
Mr. HARDWICK said he was inclined to think there
was a sufficient property in the bills on the part of the
Prince. After the Prince had signed the bills he was
inclined to think the Prince acquired a property in the
bills, for he could have taken them up, and refused to
part with them.
Mr. Hawkins said the bills were laid on the table for
the purpose of having the prisoner's name affixed to
them, and then for the prisoner to carry them away.
All that Mr. Pollard took away was the Prince's name,
and that, he apprehended, did not constitute a case of
larceny.
Mr. Bush said the point raised about the stamps was
illuscry. If allowed to prevail it would invalidate half
the mercantile transactions of the kingdom.
Mr. HanDwicx said he had overruled the first objec-
tion. The next point was whether a constructive lar-
ceny had been proved. It appeared that the prisoner
htl'stati-d he was ready to .pay over the money in.
cheques and notes. He took away the bills, and nothing
more was heard of him or the bills.
Mr. Hawkins said, if the prisoner had intended to act
dishonestly he would not have called on the Prince to
say he was unable to procure discount for the bills.
There was no evidence to show that the prisoner had
any felonious intention when he took away the bills.
Mr. HARDWICK said there was not much in the point
that the prisoner had called on the Prince ; that might
have been done only for a blind. The question was,
what, under all circumstances, were the prisoner's inten-
tions Constructive larceny was difficulr. to prove, be-
cause it was impossible to dive into a man's mind to see
what his thoughts were at the time. The question was
always left to a jury, whether a person taking away bills
intended to steal them at the time. This was the ques-
tion he should certainly feel it to be his duty to submit
to a jury in the preterit case.
Bail was applied for and refused. Tuesday next was
fixed tor re-examination.
John Moleswo,th, a well dressed young fellow, was
[laced before Mr. Bingham, charged with assaulting
Robert M..tcalf, one of the waiters at the Blue Posts
Hotel, Haymarket, and also with assaulting the police in
the execution of their duty.
The complainant stated, that about eight o'clock on
Saturday evening the prisoner entered his master's house,
and ordered to be supplied with a dinner, consisting of
salmon, cutlets, and a bottle of sherry. After the pri-
soner had partaken of his dinner he rang the bell for
witness, and requested him to inform him (prisoner)
what he had to pay. Witness gave him the bill
amounting to Bs. 9d. Directly the prisoner took
the bill in his hand he demanded his change, witness said
What change, I have received no money yet." The
Prisoner said, " Yes you have, I have given you a half-
sovereign." Witness persisted that he had not received
the money, and told the prisoner that he must be labour-
ing under a mi-take. The prisoner then got into a most
violent rage, and struck witness several severe blows.
He at length became so violent that witness was obliged
to call his master to his aid, who endeavoured to pacify
the prisoner, and induce him to leave the house quietly.
The prisoner, instead of doing so, struck and kicked
about him in all directions. Witness then ran for the
police, who speedily arrived and took charge of the
prisoner.
Police-constables A 176 and C 141 proved going to
the Blue Posts and taking the prisoner into custody.
The former constable was struck by the prisoner in the
face, and the latter received several severe kicks on his
shins and the lower part of his person, and added that
it was with the greatest difficulty that they got him to
the station.
The prisoner, in reply to the charge, persisted that he
had given the waiter the money. He denied assaulting
either him or the police. He certainly was very much
excited in consequence of the waiter refusing to !sive him
the change out of the half-sovereign. He could assure
the magistrate that he was highly respectable.
Mr. Busexam said that latterly there had been several
persons before him who subsisted entirely by robbing
publicans. Ho was surprised that prisoner, who called
himself respectable, should adopt such a course. He
should fine him for the first assault 405., or fourteen
days, and for the latter he should commit him to the
House of Correction for fourteen days, with hard labour.
The prisoner then became so violent .that it took tour
constables to remove him. -
Mary Ann Maids was brought before Mr. Bingham
for final examination, charged with having caused the
death of her husband, Edward James Maids, by stabbing
him with a knife.
There being no further evidence in addition to that
which appeared in this journal of the Ist inst., the depo-
sitions were taken, and the prisoner fully committed :o
take her trial at the sessions now holden at the Old