The Sun.
London, England, 1847-11-13 00:00:00

tilZ SUN, LONDON, S A.TORDA Y EVENIbiGr, NOVEMBER l3, 1847.

he believed cont: ined a similar melody to Pestal.
Understood, howe very .that it was not exactly the
same. _ _

Charles Blow, shoptuan to the plaintiffs, proved the
execution of the deed of assignment. The work had
a very large sale. I.'..he price of it was 2s.
W. P. Rice, clerk to the plaintiff.' attorney, said
he purchased a copy of the song produced from Mr.
Purday, the defendant, on the 11th of May, 1847.
Mr. George E. May, lithographic printer, said the
copy purchased at Mr. Purday's shop was printed by
him. He received directions to print it about March
in the present year, and one hundred copies were
struck off, fifty of which were delivered to the de-
fendant.

Mr. Calcott, author of several musical composi-
tions, said he had compared the song published by
the plaintiffs and the one published by the defendant,
and his opinion was that Mr. Purday must have
copied that of the plaintiffs. It was what he called a
colourable copy. In the plaintiffs' copy there were
what he considered musical errors, and they were re-
peated in Mr. Purday's copy in the very same place.
The melody was precisely the same, and such as
would lead a young lady to mistake one for the
other. They were both in the same key and in the
same time. _

Cross-examined--The melody produced (that used
by the artillery band at Woolwich) was a similar
melody to the plaintiffs. It was note for note the
same, and upon the same key, but it was not ar-
ranged with words.
Mr. Masters, a composer of music, said he had
composed the two songs, and the melody was pre-
cisely the same in both. Such a similarity between
the two could not arise from two persons taking the
same melody. The harmony of the first four bars
was precisely similar at the commencement.
This was the case for the plaintiffs.
Several objections were made by the defendant's
counsel to the plaintiffs' case, of which a note was
taken by the Learned Judge, and the trial was ad-
journed until to-morrow, owing to his Lordship being
required at Westminhter in the afternoon, to attend
the ceremony of pricking for sheriffs.

POLICE. INTELLIGENCE.
MANSION-HOUSE.
Three well-known thieves, named Wood, Smith,
and Chapple, were brought before the Lord Mayor,
charged with having stolen the cash-box of Mr.
Kimpton, the proprietor of the Steel-yard public-
house, in Upper Thames-street, containing cash to
the amount of 38/. Is. 10d., and a foreign coin.
The complainant said—Yesterday, at about seven
o'clock, I had occasion to leave my bar, at which the
prisoner Wood and a person not in custody were
drinking, for the purpose of going into the bar-
parlour. Soon afterwards my wife called out to me
that the cash-box, which was kept in the bar, was
stolen, and I ran after Wood, who had quickly bolted
into the street, raised a cry of " Stop thief!" and
saw him captured and taken into the station-house
when the cash-box was produced as well as the thief.
I did not observe the other prisoners, but there were
persons in the parlour, where they were sitting, who
observed their conduct when the alarm was given,
and drew the only inference that could be drawn
from it—namely, the guilt of both.
Hedington (city officer) said—At twenty minutes
past seven o'clock, as I was in the station-house in
Bow-lane, the prisoner Wood was brought in, charged
with having stolen a cash-box. In consequence of
information I received I went, accompanied by ano-
ther officer, to the Borough, and saw the prisoners
Smith and Chapple, whom I knew to be the constant
associates of Wood, at the corner of the London-
road. I told them I wanted them for the robbery of
a cash-box in Thames-street. Each of them denied
that he knew anything about the robbery. I took
them to the station-house in Bow-lane, where they
were identified as persons who had been in the parlour
of the public-house where the robbery was perpe-
trated, and had quitted it under very suspicious cir-
cumstances, one of them (Chapple) having started
from his seat and run out of the house the instant he
heard the cry of " Stop thief." I was informed that
Chapple had been watching veryanxiously about when
Wood was at the bar after the cash-box.
Henry Fulcher was in the parlour of the public-
house when the alarm was given that the cash-box
was stolen. Chapple, who had been drinking a pint
of ale with Smith, started from his seat and ran out,
and Smith began to tell witness a rigmarole story
about a hurt he received on Lord Mayor's day, and
the loss of his handkerchief through the ingenuity of
the thieves.
John Bailey was also in the parlour when Smith
and Chapple were there, and likewise saw them, and
identified them at the station-house, to which they
were brought after the apprehension of 'Wood with
the cash-box.
Brett (City officer) accompanied Hedington to the
Borough to apprehend Smith and Chapple. Smith,
upon being told that he was accused of being con-
cerned in the robbery, declared that he had not been
in the City during the whole day.
Finch (City officer) was one of those who came
into contact with Wood, 'who, as he ran, dropped
the cash-box, tumbled over the witness, and was se •
cured.
Wood, who did not think he required a solicitor,
said, "I'd be glad to know from the witness whether
there were not other people running at the time as
well as me ?" Finch—" Yes, certainly, after you."
The solicitor for Smith and Chapple submitted that
there was not a tittle of evidence against his clients to
authorise their detention.
The LORD MAYOR said he should remand the pri-
soners till Wednesday next. It was, his Lordship
thought, rather too much to say that there was no-
thing in the evidence to justify the detention of Smith
and Chapple when, amongst other grounds of suspi-
cion against them, were the statements that one of
them had denied that he had been in the City at any
time in the day, and the other had started out of the
public-house the moment he heard the alarm about
about the cash-box.
The prisoners were then remanded.
When Wool was apprehended a bunch of skeleton
keys was found close to the spot on which he tumbled
with the officer.
busily
Thiee thieves, named Hankins, Twyford, and Davis,
w
gaged on Lord Mayor's Day
amongst
tbn
brought the
eepm übulutsiuydine engaged
all the great thoroughfares,
the custody of Michael Ilaydon,
the officer.
Haydon, accompanied .by Huggett and another
active officer, were in Cheapside when the procession
was passing on the 9th instant, and saw .the. prisoners
hustling people about. At last the prisoners turned
from her, and tried to mingle
wheaylady, upon being questioned as
with
downtihd e t
nh
eyr Ironmonger-lane,
droppednr
omwo crowd.
g e r
The
any loss she might have sustained, said she had
lost 2s. The prisoner Twyford said it was ridiculous
to suppose they would attempt to pick pockets with
such officers behind them. It would have been " next
to madness, and no mistake'
Huggett and several other officers swore that they
knew the prisoners to be thieves and the constant as-
sociates of thieves, that Hankins and Twyford had been
often convicted, and that Davis, had been tried more
than once for felony.
The LORD MAYOR sent the two former prisoners
to Bridewell for three months respectively, and Davis
for two months, as rogues and vagabonds.
THAMES.
Assn Goodwin, a girl, Bridget Lynch, Mary Wil-
liam:, Catherine Hall, John Browne and James
Browne (brothers), and Jeremiah Brian, were brought
before Mr. Ballantine, charged with assaulting John
O'Brian, a coal-whipper.
The complainant, who supported himself on
crutches, was in a very weakly condition, and is most
probably crippled for life. -He stated that on the 29th
of September last he went into the Black Bull public-
house, Shadwell, accompanied by his wife, to obtain
a glass of rum after a hard day's work. The prisoners
were all in the house, and directly he entered they
began jeering at him, and seemed disposed to kick up
a row. The women beat his wife, and on his inter-
fering, Jeremiah Brian came behind, seized him by
the collar of his coat, and dragged him backwards.
The two Brownes then made a savage attack upon
him, struck him repeatedly about the head, and
knocked him down. While he was upon the ground
they kicked him about his left leg, and James Browne,
who wore thick boots, kicked him twice, once with
the toe, and again with the heel of his boot. He
made an ineffectual. struggle to rise, and the women,
Lynch, Williams, and Hall, jumped upon him, while
Goodwin held their bonnets, and instigated them to
ill-use him by calling out Why don't you give him
more of it ? kill the wretch," and:kicked him in the
face. He sang out to the three women who were
jumping upon 'him that his leg was broken, and
Lynch said " Let's break the other,leg." Mrs.
Hall also called out " Let's finish him." The parties
were proceeding to further violence, when a man
named Dell came in and saved him. He was picked
up, and it was ascertained that his left leg was broken
near the ankle. He was removed to the hospital in a
cab, and remained there till the 30th of October. lie
was still an out-patient.
This evidence was entirely confirmed by other wit-
nesses, and
Mr. BALLANTINE said he should certainly send the
case for trial. The prosecutor was on a peaceable
errand, and it was too bad a man could not go into a
public-house for refreshment without being attacked.
He should hold all the prisoners to bail, to answer the

charge at tke sessions.
The required sureties were provided.
SOUTH W ARK.
Mary Ann Rogers, a brothel-keeper in Herbert's-
building,, Waterloo-road, and a girl of the town
named Wiggins, were brought before Mr. Cottingham
for re-examination, charged by Robert Thompson,
the name the prosecutor gave on the occasion, with

robbing him of 201.
The
.circumstanees connected with the alleged