The Sun.
London, England, 1847-02-22 00:00:00

, get what he could for them. This was on Friday after-
' noon, and witness told him that it was then ton late to go
into the City, but he would go to-morrow. The Captain
then took up some diamonds, and said,' There are a few for
you, landlord, and there are a few for ytu, tailor (to Mr.
Hoare), for you have had a great deal of trouble about them."
Witness put the stones into his coat-pocket, and Mr. Hoare
did the same. The unsold diamonds were then put into the
table-drawer until the next day. On the following morning
witness took them to Mr. Benjamin, who took them to the
house of Mr. Martin. That gentleman examined and
weighed them, and agreed to give 1,7501. for them. He
then gave witness a cheque on the Commercial Bank of
London. Witness had been told by Captain Kerr to represent
himself as his cousin, and witness did so. The cheque was
cashed, and witness received 2001. of the sum in gold, a,.d the
remainder in notes. The captain, on witness giving hire the
money, handed him back a 30/. rote, and told him !hat it
would do to settle the bill. The prisoner went away upon
Saturday evening, and return( d on the Sueday evening, when
he asked witness to accompany him to the rei.way station of
the London and Dover Railway. Witness went with him,
but they were too late, and the prisoner refused to
return to witness's house, but told witness to call
upon him on the following morning, at a coffee
shop opposite the Shoreditch Railway station. Witness
did se, and the prisoner then said that he would not
go until the evening. In the evening they went together to
the Dover Railway station, and the captain start,-(1, saying
that he should return in a few days After witness had
visited the coffee-shop in the morning, he went to Ir. Hoare
and gave him his portion of the diamonds. telling him to sell
them with his own, and get what he could for them. Hoare
' afterwards brought him 50/. and said that he was to receive
901. more, as he had sold both their shares to Mr. Benjamin
for 280/. The property has since been delivered up to the
prosecutors by all parties concerned
Mr. Cornelius Hoare was called, but he merely stated that
all that had been said by the preceding witness was correct,
the Learned Counsel not wishing to occupy the Court by
recapitulating the evidence—When he sold the diamonds for
2801. to Mr. Benjamin he gave Foreman 140/. for his share.
They had since returned the money to Mr. Benjamin.
Mr. Benjamin Benjamin was then sworn—He stated that
he is a general dealer in the Minories. He was introduced
to Mr. Forman by the intermediation of Mr. Gideon, who
was a friend of his. He accompanied Hoare and For-
man. After being introduced to them to' the house
of Messrs. Blogg, Martin, and Co. He introduced Mr. For-
man to Mr. Martin. That was after the transactions with
reference to the Royal Exchange, as stated by the first wit-
ness. Witness did offer them upon 'Change, but the gen-
tleman to whom he offered them refused to notice them.
Received as his commission from Mr. Martin 25/. when the
diamonds were sold. He afterwards received some diamonds
from Mr. Hoare, and paid hith for them in the same ratio as
Mr. Martin had paid for them. They weighed 399* carats,
and witness gave 2801. for them. Witness afterwards sold
them for 5201. Paid Hoare the whole of the money due to
him. He only got back 1001. of his own money as yet, but
is to have the rest. There are very few men in this country
who are capable of making a safe purchase in rough
diamonds. There are perhaps not three or four. It is quite
a speculation wherein, perhaps, 1,000/. may be lost or
gained either way. The weight of the diamonds bought by
Mr. Martin was, as witness believed, about 2,500 carats.
The diamonds produced are the same as witness received from
Mr. Hoare.
(The diamonds were here produced. A handful of green
coloured, transparent, and angular stones.)
Mr. BALLANTINE declined asking this witness any questions.
Mr. J. M. Miller stated, he is one of the owners of the
barque Levenside, of which the prisoner Kerr was the master.
In consequence of hearing that something had happened with
respect to a portion of the cargo of the vessel and the captain,
he went down to Deal and awaited the arrival of the vessel
for a week or ten dap . When the vessel arrived he went on
board of her. He examined the cargo of the vessel, and
particularly a drawer of the captain's cabin, when he found
that a consignment of diamonds, mentioned in the bill of
lading, was gone. Received two bills of lading from the
mate of the ship. The ship's manifest said nothing
about the diamonds. Witness afterwards made inquiries
about the captain, who, he found, had landed at Folkestone.
I In consequence of what he afterwards learned, he went to the
coast of France. He first went to Boulogne, in company
with the officer, named John Forrester. He went from Bou-
logne to Montreal, about thirty miles distant, and there he
found the captain of his vessel. The prisoner returned with
him to England, and on the voyage back he inquired
whether Forman and Hoare had been taken into
custody, and when he was informed that they were
not, he seemed much surprised. He also remarked that
he expected to .be transported for what he had done.
He said that he intended to have gone to Havre, and from
thence to America. He said also that he was very much
alarmed when he heard that his owners had come after him,
and would have thrown himself into the sea. He delivered
up some money in notes and gold to witness.
By Mr. BALLANTINE—There were no wages due to him.
The owners of the vessel are witness, Mrs. Campbell, and
Mr. MeKinlay.
Forrester, the officer, then produced some money.which he
took from the prisoner-2001. in notes and 841. in gold, be-
sides three diamonds.
Joseph Beadle, a clerk at the Commercial Bank of London,
proved the payment of the cheque to Hoare and Furman.
Mr. Frank (!astelli, a merchant, of St. Mary-axe, from the
firm of Castelli and Giustiani, produced the consignees' bills
of lading, which he bad received from his correspondent at
Bahia.
Mr. Hermann Otto Poste proved that he was one of the
consignees of the diamonds from their correspondents,
Gautois Peltier and Company, at Bahia.
Mr, Clarkson then said that he did not think it necessary
to adduce any further evidence on that occasion, and the
prisoner was remanded till Wednesday.
GUILDHALL.

George Smith, otherwise Jardine, was brought up
before Sir Chapman Marshall and Ar. Alderman Fara-
brother„eharged with stealing a cash box, containing
501, from the bar of the Plough public-house, in Fore-
street, on the 2d of September, 1845.
Mr. Robinson attend, d on behalf of the prisoner.
It appeared that four men, on the day in question,
drew up in a light cart, and called for some refreshment
at the bar. While two of them kept the landlord in
conversation, the other two walked up and down a passage
leading to the kitchen, and one of them stepped in behind
the landlord and stole the cash-box. He was seen to
leave with something concealed under his coat, and the
other three left directly afterwards in the cart. One of
the men who was speaking with the landlord was cap-
tured next day, but was discharged, no proof being given
that he either came or went away in the cart. The
prisoner was looped after, but he went to Scotland, and
was taken on his return recently, by Trew, a city-
policeman.
Mr, Middleton, the landlord, who now keeps a public-
house in Soho, did not identify the prisoner, neither did
the barmaid recollect him with certainty.
On Robert Contra, the potman—who deposed in Sep-
tember, in 1845, that he knew the man who left the
house with something under his coat, but not his name
I—being called forward as a witness, Mr. Robinson pri-
vat,:ly handed to Air. Teague, the chief clerk, a
.paper,
purporting to be signed by Lifts, by which he agreed
he would not appear, or give evidence in respect of the
robbery. Mr. Teague showed it to the magistrate, and
returned it to Mr. Robinson.
Coutts then deposed that he was groom to a gentle-
man at Dalston. He lived with Mr. Aliddletou in Sep-
tember, 1845, but could not tell the contents of the
cash•box' or who stole it. He certainly saw a man go
out with something under his coat. The witness, in
answer to questions by the magistrate, denied that he
had seen anybody, or signed anything, about the rob-
bery.

Sir CHAPMAN MARSHALL then called for the puduc-
ion of the paper, but Mr. Robinson declined to produce
t while his client was in jeopardy, as he was bound to
keep his secrets, and his position would not be uhered
by his showing it to the clerk in confidence.
Sir C. MARSHALL agreed that Mr. Robinson ought
not to be prejudiced, but neither should a respectable
solicitor be a party to defeating the ends of justice.
Mr. Robinson said he had no wish to do so, but his
hands were tied till his client was discharged.
Mr. Alderman FAREBROTHER remarked that if he
were discharged then for want of evidence, he might be
re-apprehended when proof could be given.
The prisoner was then discharged.
Coutta called on Mr. Robinson to prove the paper
was in his handwriting, and in answer to questions by
Mr. Robinson, who tore the signature off before he
he showed Coutts the paper, said it was in his hand-
writing, and admitted most reluctantly that he had been
to the prisoner's I •Jse, but not twenty times. He fur-
ther said the paper might have been read over to him
before he signed ir, but he did not know. lie had been
imposed upon by that document.
Sir C. MARSHALL called for the production of the
other part of the paper.
Mr. Robinson claimed time to consider.
Mr. Middleton said he did not beliese the potman had
been tampered with, a:though the man previously in
custody hail off,red him 201, to refrain from prosecution
which he did not accept.
The Magistrates consulted, and were of opinion that
Coutts could not be effici(ntly prosecuted on the evidence
obtainable there ; but Mr. Middleton might take pro,
ceedings hereafter if he found himself in a better positio
The parties then LI tired.
CITY POLICE COMMITTEE.

A 'busman in the service of a Mr. Birch, in Horse-
ferry-road, was fined 55., and costs, for loitering.
Defendant said hu could not pay the fine. He had
for some time paid a penny a day to his master's fund
for the purpose of paying fines ; but having been dis-
charged he was unable to get the amount levied on him.
The unlucky fellow here introduced a printed copy Of
the rules regulating the fund, and which states that, for
the security of the master, as well as the protection of
the men, the latter shall pay a penny to his employer, in
addition to his day's work, for the purpose of paying
fines and other charges that might be made against
them.
Mr. Alderman GIBBS thanked the defendant fur the
bill. They had often heard of such funds, but they
nh eo vweery gc
however
ha
andy legal
clearedproof u
pt
hoef
doubt. thei r
Greaterexistence;
penaltiest h i
could now be made, and, if those failed, imprisonment
must be resorted to.

The bill was impounded by the police authorities,
BOW-STREET.
Mr. Edward Whistler, a pawnbroker in the Strand,
was summoned to chow cause why he detained a gold
hunting watch, the property of the Hon. Robert Arthur
Arundel!, which was pledged at his shop by a man
named Alexander, who obtained it from the owner for
the purpose of repairing it.
Mr. Whistler admitted the possession of the watch,
which he produced.
Mr. Arundell stated that he resided at No. 17, Dover-
street. He identified the watch, which he valued at 301.
He left it with a watchmaxer named Al, sander, in Par-
liament-street, about July last year, to be regulated. He
applied for it several times, but never succeeded in ob-
_ •

taining possession of it. He never gave any one autho-
rity to pledge it. He ascertained from policeman Cooper
about a week ago, that it was at Whistler's.
An attorney, who appeared for Mr. Whistler, took
several objections to the jurisdiction of the Court; but
these were overruled by
Mr. HENRY, who added, that if Mr. Arundell had
brought an action of trover, which was the only other

cour6e open, it would have been much more expensive, to
Mr. Whistler, and the complainant would certainly have

teeovered his property.
The Attorney then said that magistrates had the
power by Act of Parliament to
.award eumpensation to

parties who were compelled to deliver up property un-