The Sun.
London, England, 1847-01-28 00:00:00

NIN..G,,..I:AN.ETARY, 28, 1847.

The bills and admission were then put in; but not read or
handed to the jury.
The Learned SECONDARY said the defendant did not appear,
but there did not seem to be any reason to doubt the correct-
ness of the claim.
The jury gave a verdict for the full amount claimed.
The remainder of the morning was occupied in hearing a
case for work done, but which was not of the slightest interest.

POLICE INTELLIGENCE.
MANSION-HOUSE.
James Edward Carnegie, alias Captain Carnegie, of the
Royal Engitieers, was brought before the Lord Mayor for re-
examination.
Mr. Wilkins, solicitor, appeared for Mr. Smith, from whom
the prisoner fraudulently obtained 5/. ; and Mr. Humphreys
attended for the prisoner.
The policeman who apprehended the prisoner, said that
he had called at the Athenaeum and Carlton Clubs, to both
of which the Hon. Captain Carnegie, to whom the prisoner
said he was related, belonged, but it was supposed that
gentleman, who disclaimed all knowledge of such a person,
was out of town, as there were letters at the clubs directed
to him.
Mr. Smith's(the prosecutor's) evidence, given or. Saturday,
having been read over by Mr. Goodman, the chief clerk,
Mr. Humphreys cross-examined that gentleman at consi-
derable length. The following was the substance :
It was on the 7th of January, 1845, I was induced, by the
prisoner's statement that he was cousin of the Hon. Captain
Carnegie, of the Royal Navy, and Mr. Fox Maule, to lend
him the 51. Three months before that my acquaintance
commenced with him. I first met him in Coventry-street,
Leicester-square, in a coffee-house. It was a casual acquaint-
ance, and arose about an atmospheric railway.
Mr. Humphreys—De you not believe him to be a scientific
man? Mr. Smith—ln some respects he certainly is—
(Laughter)—but he is by no means mathematical enough to
be an engineer. Ido not, upon my oath, believe him to be
what is called a scientific man.
Mr. Humphreys—You must be so good as to answer me
without drawing upon your wit. All I want is a straight-
forward answer. Did he, before he borrowed the Si., tell you
that these two gentlemen were his cousins? Mr. Smith—
Four or five times. I think the first time he mentioned it
was in the early part of November, 1844. He told me when
-I saw him first that he had a patent for an atmospheric
.railway.
Mr. Humphreys—Were you not very intimate with him ?
Mr. Smith—No.
Mr. Humphreys—Were you not so intimate with him as
to receive presents from him, and to make presents to his
wife? Mr. Smith—l received a book from him, and I re-
turned it to him." I never made a present to the Countess de
Beaumont, except a rosette, which represented a thistle, and
to which her ,Latlyship took a fancy, as a similar one was
worn by Sir Henry rottinger, who 'was a steward at the
dinner at which we were—(Laughter)—liothing further.
Mr. Humphreys—Have you seen him on board steam-
boats? Mr. Smith—l think I saw him in the early part of
1845 in a Woolwich steam-boat, and he bolted as soon as we
reached the first station. It was between London and Black-
friars-bridges. He saw me go to the captain. I meant to,
give him in charge, but he was too quick and clever, and he
cut off as soon as possible.
Mr. Humphreys—Did you 'know that he was in the
Queen's Bench Prison for debt?, Mr. Smith—Not till Mr.
Turner, the silversmith, who has suffered considerably by
him, told me of, that fact.
Mr. Humphreys=Do you not kiwis that that debt was
settled? Mr. Smith—l heard that it was compromised for
half-a-crown in the pound.—(Laughter.)
Re-examined by Mr. Wilkins—He did not borrow the
money. until after he had introduced me at a merchant's
office in Lime-street of the, highest respectability. He in-
troduced me there as an engineer, and recommended me as
qualified to serve the firm in that capacity. He appeared to
be known at the house as Captain Carnegie, and he on that
day said he had been brought up at the Woolwich Royal
Academy, and that he was the cousin of the Honourable
Captain Carnegie and Mr. Fox Maule. He and the Coun-
tess walked with me thence, to my office in White Lion-
court, and he said he had forgotten his purse at home, and
he wanted to go shopping with the Countess, so I gave him
the money at my office.
Mr. Goodman said the presence of.the Hon. Captain Car-
negie was necessary.
Mr. Wilkins said he had no doubt of the prompt attend-
ance of that gentleman if he happened to be in town.
Mr. Humphreys said -he knew the Lord Mayor had no
disposition to send a case before a jury, except there appeared
to be a probability of conviction. Now, the present case
had nothing of a positiveness about it. t was brought for-
ward upon a particular statute, which required that the
false pretence should haie been made' at the time the pro-
perty was obtained, and the fraud must have been grounded
upon that immediate pretence, taking the victim off his
guard, and inducing him to do that which but for the present
representation he would not have' done. Now, there was
nothing at all new in the transactions of the 7th of
January, when the money was obtained. The pretence of
the relationship had been made over and over again, and
not a tittle was said of which the .prosecutor was not long
cognizant. It was to be attributed to the whole of the con-
duct of the person from the commencement of the acquaint-
ance that the prosecutor parted with the money. That
conduct had created, .a confidence and an intimacy, and the
loan sprung out of the variety of circumstances detailed by
Mr. Smith. It would be idle to think of a conviction in
such a case.
Mr. Wilkins said, that Mr.' Humphreys wished to make
the Lord Mayor decide a most important point of law. The
case appeared to him to want-a very little more confirmation.
It was not to be supposed that a man who had a design
upon another would at once go up to him and say, "I am
the cousin of such or such a great man, and I'll thank you
to lend me 51." Some previous preparation was necessary,
and the prisoner showed that he did not want skill in arrang-
ing matters so as to inspire further confidence. He (Mr.
Wilkins) could, by and by, produce 'witnesses who would
show that neither Carnegie nor Beaumont was the prisoner's
name; and he re_quested that his Lordship 'would remand
the prisoner till Monday.
The 'Loan MATOR—I have heard quite sufficient to . en-
title you to claim a remand hntil that day.
SO UTH WARK.
William Btu:field, night porter at the Catherine 'Wheel
Inn, in the Borough, was placed at the bar before Mr,
Seeker, charged on suspicion with stealing a pocket-book
containing 3001., censisting of 1001. and four 50/. Bank of
-England notes, the property of Mr. Francis Skipper, residing
at Kingston-on-Thames.
The complainant stated that he lived at Kingston, from
which place he arrived in town on the preceding day, and
with a friend, a Mr. James West, went and dined at Drum-
mond's Hotel, in the New-road, Marylebone. As they in-
tended to visit the Princess's Theatre the same evening,
before they left the hotel he deposited his pocket-book, con-
taining a 100/. note and four 501. Bank .of England notes,
inside his left boot, a practice which he had adopted on pre-
vious occasions for safety: the leg of his trousers being
strapped down tightly underneath the boot rendered such a
place of depository less liable to an accident. Subsequently
to quitting the theatre he and his friend got into a cab,
and called at different places, after which they proceeded
to the Catherine Wheel Inn in the Borough, where they
intended to sleep, And where they arrived at about a
quarter before five o'clock that morning. Previously. to
alighting from the vehicle'lAttid-entering the inn-yardy he
distinctly felt that his pocket-hook was safe in the leg of
his boot, and 'he and his . friend were shown up to a
bed-room situated in the gallery, which surrounded the inn-
yard, by the, prisoner, who attended with a candle, and
assisted first Mr. West in pulling off his boots. Afterwards
the prisoner attended upon him, and while he (complainant)
sat upon the foot of the bed the prisoner pulled off his left
boot, and the moment he did so he exclaimed that he had
left the gates open, and that he must hasten and lock them,
or the yard would be robbed. On saying these words the
prisoner hurried out of the room' with the boot, and com-
plainant at the 'motnent forgetting the pocket-book was in-
side made no remark, but in a moment afterwards recollect-
ing the circumstance, went into the gallery and called back
the prisoner. The latter returned in a few minutes, and
when he was informed that the pocket-book containing the
money was in the boot he had taken away, his reply was,
that he knew nothing about it, and that he was certain no-
thing of the kind was there, and ran and fetched the boot
to prove he was correct. CoMplainant, confident that the
pocket-book, with its contents,' had been in the boot
up to the period he got into the bed-room, and that
it must have been seen' by the prisoner in pulling off
the boot, expressed his determination to have it
restored, adding, at the same time, that he should
call in a policeman to examine the place for
it. Upon hearing these 'wads, the prisoner immediately
threw open his coat and waistcoat, pulled inside out all his
pockets to show that he had not got it, and said he should
call up his master to acquaint him with the serious nature
of the imputation that was, made • upon his character.
Complainant then intimated his wish to descend from the
room to call a
.policeman, but the prisoner requested that
his master might be apprized of what had happened be-
fore resorting to that step. Complainant acceded, and Mr.
Gunder, the landlord, was aroused 'from his bed, and in-
formed of the circumstance, and he proceeded with them
to examine the bed-room, to see whether the pocket-book
and its contents might not have dropped on the floor in
pulling the boot off. No discovery, however, was made,
and complainant then proposed a second time to send for
A policeman,when the landlord interposed, spoke of the
honesty of his servant, who had been with him eight
years, and said that he was convinced the man had not
taken the pocket-book, And, therefore, there was no use
in making any noise about it to disturb his other
lodger's. Complainant, however, insisted on it, and
descended into 'the yard for the purpose, but finding
the gate locked he returned, and, having reiterated his
determination 'on the subject, he was then accompanied
by the prisoner, who unlocked the gate leading from the inn
yard into the street, and a policeman was then called in and
informed of the whole of the circumstances. Another exa-
mination of the room and other places below was then made,
but the property.ires'not found. •
In reply to Mr.- Szcxxa, thet.emplainant said, that he and
his friend were perfectly sober (a fact which was borne out
by Mr. Inspector Yates, who took down the charge at the
station-house when the prisoner was brought there), and
that the priSbner was about-five minutes absent when he left
the room with the boot which contained the pocket-book to
lock the yard gates:.
Mr. James West stated that he was, present when the com-
plainant placed the pocket-book and its contents in his left
boot at Drummond's Hotel. The -witness confirmed that part
of the complainant's statement relative to his having missed
the pocket-book in the-bedroom of the above inn, and the
subsequent 'conduct of the accused and his master when it
was.proposed to send for a policeman to search the former, as
well- as that part-of the premises where it was likely the
pocket-book would have been concealed in the event of its,
haVing been taken by the prisoner.
The prisoner here asked if he had not shown every dispo-
sition to render all the assistance hp could in the discovery
.of the lost property, and whether he had not voluntarily, and
before the policeman entered, expressed his willingness to
submit to be searched, and in furtherance of that object had
turned all his pockets inside out, to_convince the
boo.com T plain,u.net
that he had not possessed himself of the pocket-k ? h
prisoner then, addressing complainant, asked him if he had
not offered him 10/. to find him the proper. y ?
The complainant, in reply, said that he certainly did, offer
the sum mentioned for the re,storation of his money, d
he admitted at the same time that had itubteheen
mruses
tour%
he would most willingly have given 201., b
that impediments were thrown in the way when h.e first sun
gested the propriety of sending for a poaliekceemt-ahnen,khaenadgtahme
reiterated his full conviction that his p
300/. had been taken from him while in the bedroom at
the Catherine Wheel.
nrsoliceman 101 M said, that when he hweaslncaalnlefdthine apnedekaept:
• ed of the circumstances attending t
ntleietmile book containing the money, he proceeded srdetro
teexfianmdi
bedroom and other places in the house Gunder,
but could not suceeed. He.heard Mr.
the landlord,
speak of his confidence in thehoncstyofhiwshseatrevvaenrt,.t.oadndn
with stealing the complainant's say that he did not believe he had anything
money. He also heard the
same person desire the complainant not to make such .a noise
about the affair to disturb the'other lodgers. The policeman
added that, at the complaitraa's request, he took the pri-
soner into custody, and to the station-house.
Mr. Gunder Raid that, iihen he was awoke and informed
of the -circurnstauCes, he tlid say that he was confident of his ,