The Sun.
London, England, 1847-01-08 00:00:00

SECONDARIES'--(THIS DAY.)

CLARKE V. OREATOREX.
The plaintiff in this action is- a sharebroker, and the
defendant is a gentleman residing in the country. The
action was brought to recover the balance of an account
for some shares in the Cambrian Junction Railway.
The plaintiff's solicitor said that the balance claimed
in the declaration was 6/. 10s., but since the action was
brought he had sent up 61, and promised to pay the rest.
There would, therefore, be no necessity to go into the
'natter.
The SECONDARY said the same evidence was required
to prove the 10s. as 10/., unless plaintiff cho-R to take
nominal damages.
A witness was then called. who proved that the shares
Was bought for the defendant u t 311., but had been re
sold for 211. Defendant had paid some part on account.
The jury gave a verdict for 10s.
HART v. BOROLDY.
The plaintiff in this action is a wine merchant in the
City, and the defendant an attorney, at Sunderland.
The action was brought to recover the sum of 200/., for
money lent, and 231. for goods sold.
It appeared by the evidence that the defendant, having
been a bankrupt, the plaintiff was induced to assist him
With an acceptance for 2001. at four months'
date, defendant promising to take it up, and also
to deposit
a policy of insurance on his life
by way of security. The policy was forwarded, but it
Wea ascertained that it had dropped for some months.
Defendant also got wine to the amount of 231., and when
the bill became due in November the defendant did not
take it up, and it was paid by the plaintiff.
The jury gave a verdict for 200/. and interest, and 231.
for goods sold.

CRIMINAL COURT.-(THIS DAY.)

OLD COURT.

CURIOUS CASE OF IDENTITY.—Francis Edward Col-
ker, a respectable-looking young man, aged nineteen,
described as a "clerk,"' was charged with having stolen
four bank-notes of the value of 401., and four sovereigns,
from a drawer in the house of his employer, Mr. E. H.
Woods, a solicitor, carrying on business at No. 12,
Southampton-buildings, Chancery-lane.
Mr. Clarks° a and Mr. Parnell were for the prosecu-
tion, and Mr. Parry for the prisoner.
It appeared from the statement of the prosecutor that
the prisoner had been in his service for nine years, in
the capacity of a clerk, and that he received a salary of
eight shillings a week. The money was deposited in a
drawer, and between Friday, the 18th of December, anti
Tuesday, the 22d, was abstracted. The prisoner was
related to a friend of his, and he touk him into his ser-
vice out of kindness. On Tuesday, the 22d, the prisoner
was directed to accompany his clerk, Mr. Walters, to
the Judge's Chambers. He was most likely there from
half-past 11 till 12 o'clock. He returned to the office at
half-past 12 or 1 o'clock, very flurried. He directed
him immediately to proceed to the Bankruptcy Court in
a cab, which he did, in company with Mr. Walters. The
drawer had been opened and the money taken, and on
calling the attention of those in his service to the fact,
and asking who had robbed him, the prisoner agreed
with him in supposing that a person named Morley
had committed the theft, and Morley was accordingly
instantly dismissed.

A riche for 20/. was uhown to the witness, and he
stated that the endorsement, though not the name of the
prisoner, was in his handwriting.
Mr. Isaac Samuels, a shopman in the service of Mr.
Hyam, the extensive tailor of Gracechurch-street, de-
posed that between half-past eleven o'clock and half-past
twelve o'clock on the 22d of December, the prisoner, ac-
companied by two females, purchased a coat, a waistcoat,
and a pair of trousers, for which he tendered a 20/. note
in payment, which he endorsed, and received 161. and
some silver in change, through the hands of the cashier.
He afterwards identified the prisoner at Bow• street.
Cross-examined—The prisoner was not pointed out to
him when he identified him. It was not so late as half-
past twelve o'clock when he came ; it was most likely
about twelve o'clock. He was in the shop about half
an hour and five minutes. Me took the clothes away
with him,
The RECORDER—Do you send vans about the streets
with bills on them ? Witness—We have none, my Lord.
Mr. PARRY—Have you a poet? Witness—We
have.—(Laughter.)
The REcoRDER•—Do you use the poet in more capa-
cities than one ? Does he cut out ?—(Roars of laughter.)
Witness—l do not know ;he may for aught I know.
Cross-examined by Mr. PARRY—He and others in the
shop had a good deal of joking with the females, who
were very merry, but the prisoner appeared dull. They
joked with the young men in the shop, and were de-
cidedly females of that class with whom one might
joke.—(Laughter.) He was quite positive that the
prisoner was the man who came on the day in question.
Mr. Levy, the cashier, proved receiving the note. He
bad no recollection of the prisoner.
Mr. Barker, a clerk in:the London Joint-Stock Bank,
proved that the note was paid into that bank by Messrs.

Mr. E A. Bushell, a clerk in the Bank of England
produced the note, which had been received at the bank
and cancelled.
Pocock, a constable of the F division, said he took
the prisoner into custody on the 31st of December. He
could not find any person bearing the name endorsed on
the note. He found 2s. 2, d. on the prisoner. Samuels
indentified him in the Bow-street Pollee-court, without
any interference by him.
This was the case for the prosecution.
Mr. PARRY, in addressing the jury on behalf of the
prisoner, stated that he only received Bs. a week from
the prosecutor for his services. He did not cast blame
on Mr. Wood for this, but he could not help sayingthat
a person receiving such a stipend and who was trusted,
as the prisoner was by Mr. Woods with large sums of
money, was exposed to great temptation. If he had
purchased clothes, it might reasonably be presumed that
he intended to wear them. Now, nothing of the kind
had been shown. Then, again, the prisoner was
an uninformed young man, and if the writing of
youths similarly situated were placed by the side
of the indorsement, there would be found great simi-
larity. The prisoner had not the key of the drawer in
his possession, and yet it was most likely opened with a
key, but from the Friday until the Tuesday Mr. Woods
had not looked into it. Then two women were stated to
have accompanied the person who made the purchase at
113 am's ; supposing the prisoner was so accompanied, it
was hardly possible that he would stop there half an•
hour, rush out of the shop, leaving the articles with the
women, and hurry to Chaneery•lane. At least
such a statement was perfectly iucensistent
with the evidence of the prosecutor himself,
But he should show them that he was at the Judges'
Chambers at the very time. The Learned Caunsel then
called the following witness to prove an alibi.
Mr. Jaw, who stated he had been the managing
clerk of Mr. Farrell, a solicitor, of New-street, Red Lion.
square, for three years, deposed that on the 22d of
Decemberl he attended the Judges' Chambers, in Roll's-
gardens, to answer a summons in a case called Brown v
.Applegate. The prisoner attended on the other side,
and was there from a quarter past eleven till twenty
minutes past twelve, when they went before the judge,
where they remained a few minutes. After paying the
prisoner 17s. 6d. he and the prisoner left. When be
saw him at a quarter past eleven be appeared to have
been waiting. The prisoner did not leave the whole time,
if he had, he should have left also. He had no doubt
about the prisoner.
In cross-examination by Mr. PARNELL, he stated that
be was the managing clerk of a Mr. Wells, of Wil-
mington-square, for three years before he went to Mr.
Farrell. He left him when he
Mr. PARRY said he had
witnesses
pi bnusaitntee
snscianee to
speak to the prisoner's character, but, after the testi-
mony
hof the last witness, he thought it unnecessary to
call tem.
Mr. I'ARNELL having replied,
The
the pri RECORDER summed up, and the jury acquitted
sorer.
be on
Thethe Ist of sessions then February terminated. The
next sittings will

SURREY
SESSIONS.—(THIS DAY.)
Catherine Montgomery, aged 50, was indicted for
stealing a sheet and a shirt from the house of Mr. Ed-
ward Gee, in the parish of St. Saviour, Southwark, on
the 4th of the month.
It appeared that the prisoner entered the house of
the prosecutor during his absence, when only a number
of young children were present, and touk the property
away, in order to provide food, as she was in a state of
destitution.
• She was found Guilty, but, being strongly recom-
mended to mercy, she was sentenced to three months'
ireprrisonta en t.
henry Thomas, aged 21, was indicted for stealing a
watch and several other articles from the house of a
person named Terry, where he was lodging.
Caroline Terry, the wife of the prosecutor, stated that
the prisoner had been lodging at her house for six or
seven weeks, and left on the
18th December last, and on
Christmas day the articles were missed from a drawer
in her bed- room. She swore to the articles which were
produced.
Several other witnesses identified different portions of
the property stolen.
Policeman 70 B, deposed that ho took the boots pro-

enced off the feet of the. prisoner at Lambeth PAlice-
Nina. They had been sworn to by one of the previous
witnesses. Witness produced a. pocket book and three
dnplicates which he had found at the prisoner's lodg,eings
in Westminster. These related to articles mi:sed by the
pro4.ecutor.
The jury found him Guilty. Sentence deferred, to
ascertain his former character.
11'm. Macdonald, aged 16, was indicted for staling
threepence-halfpenny from Jones Purser, on the 4th 41
the month. The parties were both paupers in South-
wark Workhouse.
Guilty.—Sentence, 21 days' solitary confinement, and
a whipping.
William Turner, alias Swain, ag.ed 19, was charged
with stealing a quantity of wood from Mr. Sharp, or
Lambeth, on the 10th December.
Policeman P 293, stated that he had been ordered to
watch the back premises of Mr. Sharp on the 19Ih of
December, in company with another person. They saw
the prisoner approach the paling of the grounds with a
truck. He went straight to the wood-house, and re •
turned repeatedly with wood, until the truck was full.
When stopped, the reply he gave was that be was going
with his load to a widow woman, by whom it was ordered.
By subsequent inquiries, witness learnt(' that he had
been selling much wood in the neighbourhood.
Thomas Hallum, gardener to Mr. Sharp, identified the
wood.
The prisoner alleged that be had bought the wood of
a person in the employment of Mr. Grimsdale, the
builder.
_ Verdict, Guilty.—Sentence, seven years' transporta.

tion.
Margaret Ann Griffiths, aged 18, was charge with
stealing a pair of boots, and a great number od f other
articles, the property of Samuel Briggs.:
Sarah Briggs, the 'wife of the prosecutor, stated the
prisoner had been helping her to remove from one lodg-
ing to another, and on examining her boxes she found
that three of them had been opened, and that the arti-
cles specified in the indictment were missing. The pro-
perty was found in the possession of the prisoner.
The jury found her Guilty, but recommended her to
mercy.—She was sentenced tolsix months' imprisonment,
with hard labour.
Charles Montague Webb, aged 19, was indicted for
stealing a purse and three shillings, the property of
William Parrett, on the 10th of December last.
Eliza Parrett, the daughter of the prosecutor,
deposed to the prisoner's presence at her father's on the
day the purse was lost. He had been in the habit of
coming there as a friend, and they expected him to stop
for tea, but he suddenly left, and bad never returned.
The purse was mi-sed as soon as he had gone.
Mrs. Parrett, the wife of the prosecutor, confirmed
this evidence.
The constable, who apprehended the prisoner, deposed
to a partial confession made at the police court.
The prisoner asserted that distress had driven him to
the offence ; bat there was another indictment against
him for stealing nine gowns from Mr. Gibbons, of New-
ington, to which he had pleaded guilty.—He was sen-
tenced to six months' imprisonment at Brixton, with
hard labour.