The Sun.
London, England, 1823-09-03 00:00:00

SURREY SESSIONS.

ALLEGED ROBBERY AT VAUXHALL.
Yesterday John Whartoit was indicted for stealing a twenty
pound note from Mr. Clifford Elisha at Vauxhall Gardens.
Mr. TUESSAGEit stated the case for the prosecution, which
he said was carried on by the Proprietors of Vauxhall Gardens,
where the Prisoner was occasionally employed as a waiter.
Mr. Elisha stated that he went to Vauxhall gardens at about
ten o'clock on the evening of Wednesday last, having at the
time, in a pocket-book in his pocket, two 201. Bank-notes, a
check for 3001., another for M., and a Cambridge note for 5/.
Witness was not exactly sober when he went to the gardens,
and he drank some punch there. He asked the witness, who
waited upon him, to chew him the water-closet. Upon his
coming out, the prisoner handed him his pocket.book, which
he (witness) bad not before missed, but then supposed he had
dropped. Upon examining his pocket-book he missed a
twenty-pound note. .
Robert Hall, Chief Constable of Union Hall, stated that he
saw Mr. Elisha receive a pocket-book from the prisoner. A
Gentleman (Mr. Oraffam) came for Ward, and said, Mr. Elisha
was a neighbour, and he would take care of the notes, and he
accordingly took them. The prisoner at once snatched them
from his hands, said that the prosecutor was an old master of
his, and nobody but he (the prisoner) should handle the notes.
The prisoner then folded. up the notes, and put them in Mr.
Elisha's pocket-book. Witness went to inform Air: Hughes,
and on his return the prisoner said all was right, the Gen-
tleman had got all his. money back, had got 250/. Mr.
Hughes took out of the prisoner's hand a written paper, which
he held concealed. The prisoner made resistance; and Wit-
ness struck him. Mr. Elisha desired him not to ill-use the man,
and that the prisoner had not robbed him. The prisoner put
his hand to his mouth, and made a great effort to swallow ; after
which he said " it's gone." Witness forced open the mouth
with his staff, but there was nothing in it. The prisoner kept
rubbing his feet on the ground, which was wet, all the time
they were near him. The prisoner was then taken to the
watch-house, where Mr. Elisha examined his pocket-book and
said he had lost a 201. note, and who would have thought this
man was such a rogue.•
Mr. Hughes stated that he was manager of Vauithall Gar-
dens, and on the night in question he took the paper produced
from the prisoner's hand, and on the following Friday he found
the 20). note, produced in the part of the Gardens where the
prisoner had been standing.
Mr: Grafram confirmed this account, and added, that the
prisoner told him he and Mr. Elisha would be in box No. 36.
When the prisoner returned the pocket-book to Mr. Elisha he
said to witness, " Now, Sir, you are witness this Gentleman has
all his money.
:rhe principal waiter at the Gardens, proved that the pri-
soner was not a waiter in the Gardens on the night in question,
but was there waiting to be employed.
Mr. Elisha proved that the 20/. note was his. It was much
torn.

The prisoner made a long speech in his defence, in which he
asserted his innocence, and called three waiters of the Gardens
to prove that Mr. Elisha invited him to drink in his box, and
had his notes on the table, which witness several times recom-
mended him to put up.
The Jury, after deliberating two hours, returned, a verdict—
Not Guilty.
CURIOUS POINT.

Two boys, named Nall iinCllo-iiiiant;, were put to the bar,
charged wit?) stealing a'saw, value tire shillings. The prose-
cutor was not present, and although called upon his recogniz-
ances, still did not make his appearance. The Chairman,
therefore, directed the Jury, in the absence of evidence, to ac-
quit the prisoners, which they accordingly did. Just. as the
verdict was delivered, the prosecutor entered the Court, and
stated, that not expecting the trial to come on at that moment,
he had left the Couit for a short time, for which he was sorry,
and was ready to proceed against the prisoners.
The Clerk of the Court informed the Chairman that the ver-
dict of acquittal with respect to Hall was recorded, but that he
had not had time to record the acquittal of Williams, before
the presecutor appeared.
The CHAIRMAN expressed an opinion, that as the verdict
of acquittal was not recorded as to Williams, that prisoner
could be now put on his trial; but as the question, as tar as he
knew, had never before arisen, lie wished to have the opinion
of Counsel on subject, and for that purpose he addressed
himself to the senior Counsel (Mr. Cowley).
Cowir.Ey said, that he entertained no doubt that Wil-
Hams might be put on his trial, notwithstanding the verdict of
acquittal, as it had not been recorded.
The (Inman/ix, howeVer, after consulting' with his brother
Magistrates, observed, that although he agreed with Mr. Cow-
ley in thinking that the Court had the power to try the pri-
soner, he thought it inexpedient that it should do so, on ac-
count of the awkward situation in which tho jury would be
placed if the evidence should incline them to return a verdict
the opposite of that which they had previously given.
Hall and 'Williams were then removed from the bar, and
the verdict of acquittal, as we understood, was recorded with
respect to the latter.
Georsge Wilkins, a boy aged 13, was convicted of stealing
three fowls, the property of fieorge Reed, of Diamond-row,
Peckham, on the night of the 28th of July last. The prisoner
admitted that he stole the fowls, but said that the door of the
fowl-house was not locked. The Court sentenced him to be
imprisoned in the Brixton House of Correction for three months;
and to be kept to hard labour, and to be once publicly whipped.