The Sun.
London, England, 1841-09-24 00:00:00

EXPRESS FROM PARIS.

The Paris Ji:urn

ay contain no

and are taken up ;vitt

:opie6 of purely

portance.
The capital continues perfectly quiet; the enzeutes hav-
ing totally disappeared.
The census was said to be the occasion of a slight agi-
tation in some towns of the south, but nothing serious
has occurred, and the precautions taken by the autho-
rities permit a hope that any attempt at disturbance
will easily be put down.
The Spanish Government had received intelligence
of an inroad into Spain, near Badajos, of a band of
united Carlists and Miuelists, and had ordered the
_

troops on the side of l'oitugal to be in force. It
does not appear that the attempt was very serious ; and
it is supposed the reports to have been exaggerated, in
orderd to afford Espartero a pretext for augmenting his
forces on the Portuguese frontier.
The vintage in Spain is this year most abundant ; in-
deed too much, as last year's stock is still on hand.
The Infant 1)on Francisco had not yet entered Spain ;
some reports say that the Regency has some motives for
delay in his return.

Aladrid Bourse-251 for cash.
The name of the agent de Change v.-ho failed yester-
day is Joubert. His deficiencies wilr.be very considerable,
The loss in the Parquet is 55i per cent. ; the extent of
the liabilities out of doors is not yet known.

CRIMINAL cOURT—(THIS DAY
OLD COURT.

(Before Mr. Justice MautE and Mr. Baron ROLFE. )
THE CASE OF MR. BANKES.

Mr. PHILLIPS said that he was instructed by the Home
Office to renew the application he had made the other day in
the case of Mr. Bankes, for the estreat of the recognizances,
Mr. Bankes net having complied with the condition upon which
the writ of certiorari was granted, namely, appearing and en-
tering into his recognizances. In fact, the matter was now in
the same condition in which it was when he made the previous
application.
Mr. BODKIN said that it certainly was the fact, that the cir-
cumstances of the case were precisely in the same condition as
they were the other day, and if his Learned Friend pressed for
the estreat of the recognizances, he was not in a condition to
resist the application.
Mr. Justice MAULE observedthat, under the circumstances,
it was a matter of course that the recognizances should be
estreated. Nevertheless, if good reason was shown why the
recognizances had not been entered into upon application, the
estreat would be removed.
Mr. PHILLIPS did not know what amount of bail the Court
would receive.
Mr. Bonxix thought his Learned Friend was rather pre-
mature with respect to that question, as the certiorari was still
in existence.
Mr. PHILLIPS said the certiorari was a dead letter, as Mr.
Bankes had not complied with the conditions upon which it had
been granted. If their Lordships, upon looking at the deposi-
tions, thought the bail mentioned in the certiorari sufficient,
he, on the part of the Home Office, had nothing to say
against it.
Mr. Justice MAULE wished to know whether, when the cer-
tiorari was granted, the Bill was found?
Mr. Bonxii4 said it was not.
Mr. Justice Maine—Because that makes a difference.
Mr. Baron ROLFE inquired whether there was any affidavit
with respect to Mr. Bankes' circumstances?
Mr. PHILLIPS said there was not, but if the Court required
it one should be made. It was thought that the departure of
Mr. Bankes, under the circumstances, was very suspicious, and
he doubted very much the sincerity of the stet 'ments that had
been made. Mr. Bankes had been written to, and had sent no

answer.
Mr. BODKIN observed that Mr. Bankes had left England
under the supposition that the granting of the writ of cer-
tiorari was sufficient, and that his further attendance was not
necessary. It was doubted whether the letter had reached
Mr. Bankes, as there was no doubt he intended to answer the
writ of certiorari.
Mr. Justice MAULE wished to see the indictment, as he was
desirous of knowing what it was with which Mr. Bankes wss
charged. After a short consultation with Mr. Baron Rolfe,
the Learned Judge said it was desirable that they should have
an affidavit of the circumstances of Mr. Bankes.
Mr. PHILLIPS said the Court should be furnished with such
an affidavit if it was thought necessary ; but he thought his
Learned Friend would make such an admission as to render
such an affidavit useless.
Mr. Bomuti would at once admit that Mr. Bankes was a
gentleman of station and large fortune.
Mr. Justice MAULS observed that as the present was a case
in which an indictment had been found, and as it had been
admitted that the defendant was a person of station and large
property, although the case was only one of misdemeanour, yet
the Court thought the indictment, having been found, that the
defendant must find bail, himself in 5,0001. and :two sureties
of 2,5001.
Mr. BODKIN supposed that no new process would issue till
the end of the session ?
Mr. Justice MAULS—Certainly not.
Mr. Bankes was then called upon his recognizances in the
usual form.
John Johnson and Edward Jones were indicted for unlaw-
fully being in the dwelling-house of Joseph Drake, and stealing
therein 18 silver spoons, value 91. 155., one pair of sugar-
tongs, value 10s., and a:bread-basket, value 6d.
Mr. Clarkson conducted the prosecution, and Mr. Payne de-
fended the prisoner.
Mr. CLARKSON said that the -prisoners at the bar had, pre-
vious to the alleged robbery, induced a servant of the prose-
cutor's to consent to admit them into his master's house for
the purpose of committing a robbery. On the 28th of
August last it was arranged that the two prisoners should
come to the house and the servant Cole would let
them in. But previous to their arrival he had given infor-
mation to the police, who were stationed in the house ready to
apprehend the prisoners on their arrival. At about nine o'clock
on the evening in question, Cole admitted the prisoners by the
stable door, at the back of the house, and as soon as they had
entered, the prisoner Jones proceeded up stairs, and the other
prisoner went into the kitchen, and was, unfortunately for the
case, immediately seized by one of the officers, who on putting
his hand behind his back found a crow .bar, or jemmy, con-
cealed. In a very few minutes afterwards another officer saw
the prisoner Jones coming down stairs, and in his hand was a
basket, containing the articles named in the indictment, and
he was immediately seized. These were the circumstances of
the case, the indictment charged both pi isoners with the offence
of burglary, and the question rather for his Lordship than the
Jury was, whether or not the witness Cole, having opened
the door of his master's house without any authority, could he
admitted as a witness, or whether he was acting in concert with
the prisoners. If this was the case he (Mr. Clarkson) could
not ask a verdict from the Jury against Johnson, but with re-
spect to Jones he apprehended that the case would be different,
and if the facts were proved under the direction of his Lordship.
they would convict him.
These facts were severally proved by the policemen who were
stationed in the house.

Susannah Spencer deposed that she was servant to the pro-
secutor, who at the time in question was not in town. She
taw the plate produced safe in the house on the 29th August.
George Cole deposed that on the 29th of August he was
groom to Mr. Drake. On that day he met the prisoner
.Johnson accidently near the Eagle, in Camden-town, and never
saw him before. He asked the witness to have something to
drink, but he refused. The prisoner asked him where his
master kept his plate, and he said it was kept in an iron chest.
The prisoner said he could not blame anybody stealing these
bad times. He said he would give the witness 500/. if he
would let him into his master's house, and send the witness to
Scotland, where he could set up business. Witness said he
could not give him an answer till Saturday, when he would
meet him. Witness then left the prisoner, and the next day
gave information to the police, who directed him to meet the
prisoner again. On the Saturday he met both prisoners, and
they went to several public.houses together. They asked
him it it was all right. Jones said he had seen
the witness talking to a policeman, and the witness told him
the policeman was a relation of his. They went to the Robin
Hood, in the Regent's Park, and had some ale: Johnson said
the witness had better go home and see that the servants were
out of the way. Went down to the house, and saw the police
were there ready. While he was away Jones went for a cab.
They all went back to the Robin Hood. lie then took John-
son to the house by the stable-yard. Johnson went in first,
and he said he would get up to the iron chest ; and as he was
going up the stairs he was taken by the police. Witness then
went and met Jones, and he went into the house, and was soon
afterwards taken into custody.
Cross-examined by Mr. PAYNE—ACted with the policemen
all along from the Thursday night, will swear he never touched
the plate basket.
This being the case,
Mr. PAYNE addressed the Jury for the prisoners. He con-
tended that the case had been spoiled by the over-anxiety of the
police. No burglary had been committed ; the case could only
by possibility rise to a case of being in the house with a felo-
nious intent, and it was with this view that the Magistrate had
committed them. With respect to Johnson, he thought there
was no case at,all, and he should, therefore, say no more upon
it. • The Learned Gentleman then proceeded to address the
Jury on the part of Jones, contending that the fact was not
clearly proved of the plate basket being in his possession. He
called several witnesses to the character of Jones.
The Learned JUDGE then summed up the evidence. He
said there was no breaking into the house if the door had been
lawfully opened by Cole, therefore the prisoner could not be
deemed guilty. of burglary according to law. With regard to
Jones it remained for them to say whether they were satisfied
by the evidence that he had taken the plate, and if so, they
were then to say whether he was simply guilty of stealing, or
stealing in a dwelling house to the amount of 5/.
The Jury then returned a verdict of Not Guilty against
Johnson, but Guilty against Jones of stealing in a dwelling-
house property above the amount of st.
Mr. CLARKSON then applied to the Court to order that
Johnson might be detained as an accessory before the fact.
Mr. Justice MAnnE.---Let him be detained.
The prisoner was then sentenced to ten years' transportation.
The prisoner addressed his Lordship, stating that the police..
man had in his possession several articles, consisting of work-
boxes and desks, and a watch and seals, all of which artieleshe
had paid for, and could produce the receipts. Ho wished to
know if they would be delivered to him?
Mr. Justice Ma ur.E—The things are in the possession of
the Sheriff; they are forfeited to the Crown. You can apply
to the Sheriff, if you like.
The prisoner then left the bar.

NEW COURT.
(Before the RECORDER,.
Frederick White was indicted for unlawfully obtaining by
false pretences one coat, one pair of trowsers, and other
articles, the goods of Wm. Little.
Mr. Fraser conducted the prosecution.
It appeared in evidence that. on the 9th of September the
prisoner, who is described as a hairdresser, entered a public-
house called the Richmond Arms, in Camden-road, Camden-
town, and left a bundle in care of the barmaid ; soon after
which he left the house. At nine o'clock on the same everting
he returned, and asked a man who was serving behind the bar
for the hundle he left, when this person, in mistake, gave
him a large bundle, containing the articles named in the in-
dictment, which had been left by the prosecutor, with width
the prisoner walked away. He again returned, and got his
own bundle from the female with whom he first left it.
Mr. BODKIN having addressed the Jury in behalf of the
prisoner,
• The RECORDER in summing up observed, that the point for
the Jury to decide upon was, whether the prisoner in making
his application to the barman intended to induce him to de:
liver up the goods by fraud and stratagem originally ; for the
fact of keeping them after they came into his possession, would
not in law amount to larceny. They were therefore to decide
upon the animus by which the prisoner was actuated in hit
the prigtmer was
arce lthlaebboouork.
from
first application.
A verdict of Guilty havbipnedgrisboasellemnaernedttrtlwarpiAtedehr,h4
the property of Wm, Pedder.
prisoner t was indicted for
sesames e nced ;foist;
am my:o::tedheAss:c.irmi6 d . ,
stealing a book, 1
thit window of Mr. Pedder, who keg
.4,
Cry
GeorgO Cirey said he saw the '
of " Stop thief,"
Holly well. street, Strand, and
when the prisoner ran away, bti
r4is di' 4 innkseller's shop in
t when, finding be had no
Chance of eacal3C4 4 laid it. down at the it
—l4 ACT SI a vublic- 1