The Sun.
London, England, 1847-11-30 00:00:00

tat Vabitioll

SUN OFFICE, Seven o' Clock.

COMMON PLEAS.-(THIS DAY.)

JACKSON V. REECE.

The plaintiff in this action, who is an architect and
surveyor at Leamington, sought to rec6ver from the de-
fendant, as a promoter of the Avon and Severn Valley
Railway Company, the sum of 163/. 1 is., for wcrk and
labour done. The defendant is a solicitor, residing at
Birmingham.
The plaintiff's evidence was simply to the effect that
Mr. Russell, of Leamington, who is also a solicitor, re-
ceived a communication from the defendant, requesting
him to become the local agent for the line, which he con-
sented to do, and acting in that capacity, he, at the request
of the defendant, engaged a number of hands to carry on
the survey, and ameng others the plaintiff, whose ap-
pointment waa approved of by the defendant.
Mr. HUMPHREY submitted that this was sufficient
proof of the defendant's liability to pay the amount due.
Mr. Sergeant BYLES and Mr. CHADWICK JONES sub-
mitted, on the other hand, that there was no evidence to
show that the defendant had acted otherwise than as the
solicitor and agent of the company; and that he could
not in that capacity be sued for the amount alleged to be
due to the plaintiff.
The CHIEF JUSTICE was of the same opinion. and
ordered a nonsuit to be entered.
Plaintiff accordingly nonsuited.

CRIMINAL COURT.-(THIS DAY.)

OLD COURt.

(Before the RECORDER and Mr. Alderman Gums.)
Anne Simons, who was yesterday convicted of stealing
goods of the value of 250 L, the property of her masters,
Marshall and Stinton, of Vere street, Oxtord-street, was
this morning again put upon her trial for stealing 100
handkerchiefs, 12 scarfs, 15 shawls, 34 pairs of gloves,
140 yards of ribbon, 400 yards of silks and satins, 120
yards of lace, and other articles, value 5001, the property
of the same firm.

Benjamin Simons, aged 56, victualler, father of Anne,
was indicted for feloniously receiving the same, knowing
them to be stolen.

The Attorney General, Mr. Clarkson, and Mr. Bodkin
conducted the prosecution ; and the prisoner was de-
fended by Mr. Hurlstone.
The ATTORNEY-GENERAL stated the case, and called
Mr. Marshall, who stated that after the discovery of the
stolen property in Lincoln's.lnn-fields, the subject of the
trial yesterday, ha received information from Ellen
Simons, daughter of the male and sister of the female pri-
soner, in consequence of which he went down to Benjamin's
house, the Harp and Hand, near Market Harborough.
He told him that his name was Marshall, and that he had
come down about a hair trunk. Simons replied that he
knew no one of that name. Upon which witness ob-
served, he must know that his daughter was in custody
for robbing Mr. Marshall, her employer. Prisoner said
he knew nothing about it. Witness asked him to pro-
duce a hair trunk that was left in his back bed-
room by his (laughter Ellen, and of which the
key had been sent down to prisoner by her since
the sister was in custody. He persisted in saying
he knew nothing about it. Witness procured a
constable and a warrant to search the house. They
found several articles of female apparel and some new
linen, which he recognised as the property of his firm.
Upon the most diligent search, the hair trunk could not
be found, and in the meantime the prisoner continued
taunting and jeering witness. Witness said he had
enough against Simons to transport him, and then
ordered the men who drove him over from Market
Harborough to put up the horse, as he would
stop all night. He desired the constable to take
the prisoner into custody. But Simons then offered
to give him up the trunk if no further pro-
ceedings would be taken against him, and ultimately ho
took the constable to the barn, in the roof of which,
eight feet from the ground, was the trunk. The pri-
soner produced the key, which he said had been sent
down by his daughter Ellen—that he had never opened
the trunk, and that .it had not been opened since
January last, when his daughter was there. When the
trunk was examined, however, London newspapers, only
a few days old, were found in it, as well as property which
had but recently been stolen. Next day witness applied to
the magistrates, who sent for Simons, when the latter
said he would give up another large trunk, containing
so much of Mr. Marshal's property "as would satisfy
him to let him, the prisoner, off." The magistrates said
they would allow no such thing, and ordered Simons to
produce the other trunk. It proved to be a very large
oak chest, and with its contents was as much as two
strong men could carry.
In answer to the IiBOORDER, the witness said the
articles were all of great value. The contents of the oak
chest had been examined, and were estimated at 4001.
The witness here became much agitated and burst into
tears. The Judge requested him to retire for a while to
recover himself.

The cross-examination by Mr. Prendergast (for the
male prisoner) elicited nothing particular.
Thomas Jessop, constable, of Cumley, near Market
Ilarborough, confirmed Mr. Marshall's evidence. The
prisoner had always borne a good character.
Evans, porter to the prosecutors, had token the hair
trunk in question from their house, by direction of Ann
Simons, about the middle of July. He delivered it to
Ellen Simons, prisoner's sister.
Ellen Simons confirmed that evidence, and said that
she took the trunk down to her fathi r's at her sister's
request. She never knew what it contained. On the
Thursday after Anne's being taken into custody, her
brother Nicholas was in town, and witness gave him tie
key of the oak chest, with instructions from her sister
Anne to give it to her father. This statement was con-
firmed by Nicholas Simons. In the remainder of the
evidence for the prosecution there was nothing material.
Mr. lILTRLSTONE briefly addressed the jury for the
prisoner Ann ; but
Mr. PRENDERGAST, at some length, defended the
father, contending that there was no evidence whatever
to show that when he took charge of the trunk and box
for his daughter he knew that they contained stolen pro-
perty; and that the, second charge of being an accessory
after the fact was not legally supported by the evidence.
That charge could not stand in law, unless it was
pro zed that he had done something to harbour ai.d
comfort the principal criminal. Ile had no opportunity
of doing these things, as she was one hundred miles
away from him when he learned that she was guilty—
that is, when he was said to become an accessary. The
Learned Gentleman called several witnesses who gave the
male prisoner a good character.
The RECORDER salaamed up, and the jury, at half-past
five o'clock, returned a verdict of Guilty against both
prisoners, but recommended the father to mercy on ac-
count of his previous good character.
Mr. BODKIN, for the prosecution, joined in the re-
commendation.

The RECORDER sentenced Ann Simons to be trans-
ported for fourteen years, that sentence not to be in ad-
dition to that passed on her last night, but to commence
and terminate at the same time, lie sentenced the
father to imprisonment for eighteen months with hard
labour.