The Sun.
London, England, 1847-07-09 00:00:00

that about two months after the transaction the defen-
dant applied to him for a loan of 2/., and no claim was
made upon him respecting the 921. until after the bank-
ruptcy, when he was applied to by the official assignee.
The witness was cross-examined at some length by
Mr. Ryland, but no material fact was elicited. He de-
clared most positively that the bag only contained 12
sovereigns.
In re-examination, Mr. Bickmore said that no de-
mand or application of any kind was made to him for
the restoration of the 921. until he received a communi-
cation from the official assignee.
Mr. Smoothey proved that at the time of the trial at
Chelmsford, Mr. Bickmore came to the inn, and pro
duced a bag containing money, which he counted, and
said that the defendant had given him 121. He met the
defendant after he came out of prison, and on his asking
him when he intended to pay his bill, he promised to do
so on the February following ; and he at the same time
said he did not think he owed Mr. Bickmore much, for
he had given him 201. before the trial, and had handed
him a bag containing twelve sovereigns after he was
convicted.
A witness named Knight also proved that the de-
fendant told him that he had only given Bickmore twelve
or fourteen pounds.
This was the case for the prosecution.
Mr. RYLAND addressed the jury for the defence, and
said that the question the jury had to decide was whether
the story told by the defendant, or that told by Mr.
Bickmore, was the truth. He said that the prisoner had
all along persisted in the same statement, and he trusted
he should be able to satisfy them, by the evidence he
should adduce, that he had really handed over the sum
he had stated.
Benjamin Willsher was then called as a witness, and
he stated that at the time of the trial at Chelmsford he
was in the defendant's service, and about ten o'clock in
the morning on which the trial took place he saw the
defendant count out 92/. in gold and notes, which he
placed in a canvass bag. and he said that the defendant
had given the same bag with its contents to Mr. Back-
more.
In croes-examination, be said that at this time the
defendant owed him 261. 10s. He then said it was
36/. 10s., and eventually, upon the deposition he had
made at the Bankruptcy Court being produced and read,
he said he then recollected that the amount was 721. He
stated that that money had been given him by his wife's
grandfather, but when he was examined before he
represented that he had saved i lle was a witness at
the trial at Chelmsford, but he Rid not know what he
was called to prove, and he had forgotten what he swore
on that occasion. He had been accused of assisting the
defendant to remove his goods, and prevent the creditors
from getting them, and he placed a quantity of leather
in a false ceiling. He admitted that he had told the
solicitor for the prosecution that what he had stated at
the Court of Bankruptcy was not true, and that he had
been led into it by his master, and he said he believed it
was a false statement that Mr. Bickmore had the 921.
The defendant, he said, upon one occasion told him that
he only gave him 121.
The mother and a brother of the defendant were then
examined, with a view to show that they had asked Mr.
Bickmore to come to some settlement respecting the
money, but the evidence given by them was very incon-
clusive and unsatisfactory.
Mr. Justice PATTESON summed up the case to the
jury, and they immediately returned a verdict of Guilty.
The defendant was then placed in custody, and the
Learned Judge, after observing that there could be no
doubt of his having committed, in a most deliberate
manner, the serious crime o: wilful and corrupt perjury,
and that there was also too much reason to tear that he
had endeavoured to defend himself by perjury and fraud,
which was a great aggravation of his offence, said that
the Court felt it an imperative duty to pass a severe sen-
tence. He then ordered the prisoner to be confined for
one month in the House of Correction, and at the expi-
ration of that period directed that he should be trans-
ported for seven years.
Thomas Truman, the rate collector of St. Andrew's,
Holborn, who, it will be recollected, was convicted at
the last session of embezzling money belonging to the
overseers of the Saffron-hill district, the point of law
being reserved, whether he was properly described as
being the servant of the overseers, was placed at the
bar and arraigned upon another indictment fur em-
bezzling other sums of money belonging to the overseers.
Mr. Clarkson and Mr. Robinson appeared for the
prosecution, and Mr. Huddlestone for the prisoner.
Mr. CLARKSON said there was no dispute in this case
as to the facts, and the only question was whether the
prisoner was properly described as the servant of the
overseers. He was appointed by the board of guardians,
under the authority of the Poor-law Commissioners, and
he gave a bond to the guardians for the due perf•orm-
ance of his duties, but ho was entirely engaged in the
service of the overseers, and collected the rates and paid
the money over to the bankers on their behalf. The
question was, whether he was properly described as their
servant.
After a brief technical argument, which it will not be
necessary more particularly to allude to,
Mr. Justice PATTEGON, after conferring with his
Learned Brother, said that they were of opinion that
the indictment could not be supported : and it appeared
to him that a number of sections had been jumbled
together in the Poor-law Act which rendered it impos-
sible to indict any person in the position of the prisoner
for embezzlement. From the character of the appoint-
ment of the prisoner he did not appear to be the servant
either of the beard of guardians or of the overseers.
The jury then, under his Lordship's direction, re-
turned a verdict of--No Guilty.
Mr. lionixsom said there were two other indictments
against the prisoner, but as the same point was involved,
it would be useless to proceed with them.
A verdict of Not Guilty vi as accordingly recorded
upon both these indictin,nts.
Mr. HUDDLESTONE applied to the Court to order the
prisoner to be discharged. He was convicted at the last
session upon an indictment for embezzlement, but the
same legal objection was then taken, and was reserved
ter the consideration of the Judges. After the opinion
expresed by their Lordships, tnat conviction clearly
could not be sustained, and tt,erefore the prisoner was
entitled to, be di charged.
Mr. Josti& PATTESoN said that application must be
made to the Secretary of State, who would refer to the
Judges, and, upon their report, no doubt the prisoner
would at once be liberated.
It was stated upon the last trial that the prisoner had
embezzled money altogether to the amount of six hun-
dred pounds and upwards, and the effect of the present
decision will be, that he will entirely escape punishment
exeept the short period of imprisonment he has already
undergone.
The pri-oner was afterwards brought before the Com-
mon-Sergeant in the New Court, and ordered to be at
once discharged.

NEW COURT.

(Before the COMMON-SERCEANT.)
Robert Austin, 50, shoemaker, was indicted for bigamy,
in feloniously marrying Mary Ann Rush, his wife being
alive.

The prisoner pleaded Guilty.
It appeared from the statement of Mr. Payne, who
defended the prisoner, that this indictment was pre-
ferred under rather peculiar circumstances. The pri-
soner married his first wife nearly twenty years ago,
and they shortly afterwards separated, and he then con-
tracted the second marriage, and also separated from
the second wife, and no communication had taken place
between there for many years. At length a relation of
the second wife died, and left her some freehold pro-
perty, and upon her desiring to dispose of it, her mar-
riage with the prisoner was found to present a difficulty,
and the present prosecution appeared to be addpted
solely with a view to annul the validity of the ceremony.
The prisoner was sentenced to one month's itnpri:on-
meat.

POLICE INTELLIGENCE
MARLBOROUGH-STREET.
Edward King, collecting clerk to Mr. Burton (late
Rippon and Burton), furnishing ironmongers, in Oxford-
street, was brought before Mr. Hardwick for final exami-
nation, charged with having embezzled various sums of
money belonging to his employer.
Martin M athews. cashier to Mr. Burton, said the pri-
soner was employed as collecting clerk from December to
June last. It was his duty to account to him for all sums
of money received during the day. In consequence of
some irreguhrity in his payments an investigation took
place, and then it came out that the prisoner had received
money from several customers without accounting for it
in the proper manner.
The following cases being complete in their evidence
were selected.
Richard Fenniston, clerk to Messrs. Grey and Son,
merchants, Great St. Helen's, said he paid a sum of
11. 14s. to the prisoner for Mr. Grey, and took a receipt
for the same.
Mr. William Pugh, chemist, of the Edgeware-road,
proved that he paid the prisoner 31. for Mr. Burton.
The page of Mr. Clark, of No. 29, Upper Gower-
street, proved that he paid 6s. 6d. to the prisoner for Mr.
Burton.

The prisoner made no defence, and was fully com.
mitted.

THAMES.

MURDEROUS OUTRAGE.—EIiza Skinner, one of that
degraded class, known as " unfortunate girls," was
charged with the following murderous, and, in all pro-
bability, fatal outrage.—
Charles Potter, police-constable 240 K, said that on
Wednesday his attention was attracted by a great crowd
collected outside the doors of a surgeon named Croucher,
residing in Shadwell. On going to the spot he was told
that a man had been nearly killed, and entering the
surgery, he found a man named James How in a state
of insensibility, bleeding profusely from several very
severe wounds in his head, and Dr. Croucher considered
him in such a dangerous condition that without any de-
lay he was conveyed to the London Hospital. On making
inquiries he was told the prisoner was the party that had
" done it," and as he knew her of old he had little diffi-
culty in apprehending her in a house in Elbow-lane, near
the docks. The house was a most notorious
brothel, kept by a woman named Malvin, who
also kept several similar places in Old Gravel-
lane. When he apprehended the prisoner she was
concealed between two beds. The constable then pro-
duced the remains of an old but remarkably thick shovel,
the instrument with which the deadly blows had been
inflicted. It was a most murderous-looking weapon,
and some of the poor fellow's hair still adhered to it.
Potter added that the man James How's life was de-
spaired of. He had two witnesses who saw the affray.
Mr. BALLANTINE, how ever, directed him immediately,
accompanied by another constable and the wretched pri-
soner, to proceed to the London Hospital, and in the
presence of the prisoner, to take down any statement the
man How might make, as this, should the fatal result
anticipated occur, would prove of the utmost importance.
Potter, with another constable, an inspector, and the
prisoner; then proceeded to the hospital.