The Sun.
London, England, 1841-08-19 00:00:00

MIDDLESEX SESSIONS

The adjourned Sessions for the county of .Middlesex
for the present month were yesterday held at the -Besgotis
House, Clerkenwell-green, before Mr. Sergeant Adams,•
the Chairman, ftnd a bench of Magistrates. The:Magis•
trates assembled at ten o'clock. The business:o the
paper consisted exclusively. of appeals and mitions, and
the Court was engaged the whole morning in hearing"
appeals in cases of disputed settlement of paupers, none
of which presented any features of interest.

POLICE INTELLIGENCE.
MANSION-HOUSE.
The LORD MAYOR was occupied a considerable part
of Tuesday in hearing the case of Scott, the private of
the British Auxiliary Legion of Spain, against Alex-
ander Somerville, who was charged with having received
tile instalments due upon the complainants certificates,
and appropriating them to his own purpose, and also with
detaining the certificates.
Somerville having summoned Signor Castaneda, the
agent for the Spanish Government, Mr. Dufour, of Lin-
coln's Inn-fields, solicitor, attended for that gentleman,
who was himself prevented from attending by his en-
gagements in paying the instalments duo to the men em-
ployed in the Legion.
• Sir Peter Laurie, who had heard the former state-
ments on the subject, was compelled tobe absent in the
country on business.
The LORD MAYOR addressed Somerville, and asked
him whether he was ready to pay Scott the money re-
ceived upon the certificates, and to deliver up the certifi-
cates, according to the positive promise made by him.
Somerville said that he was perfectly ready to pay the
money, but he begged that his Lordship would consider
that he was charged with having forged Scott's indorse-
ment to the certificate, and he could not think of paying
a farthing with such a charge hanging over him. That
accusation must be first withdrawn.
The LORD 111Avort said that he was not hearing a
charge of forgery. It was true Scott had declared that
he had never indorsed the certificate, and that he had
never given such an authority to anybody, and there-
fore the indorsemsnt was made wrongfully. At all
events it was Somerville's duty to pay the poor man, who
Wits 111 it deplorable condition, the instalments received,
and to return the certificates.
Somerville said he had documents and witnesses to
prove that he never committed the forgery, if forgery it
could be called.
The LORD MAYOR—You acknowledge that you re-
ceived the instalments, and that you have the certifi-
cates?--Somerville admitted that he had received the in-
stalments, and that he was in possession of the certifi-
cates, but he suddenly shifted into a new ground of de-
fence, by asserting that Scott had sold him the certificates.
Scott solemnly declared that he had never done any-
thing of the kind. It was true after he had met with
the accident which disabled him, he had expressed his
willingness to dispose of his certificates for ready money,
his sufferings and afflictions were so much aggravated
by the delays which took 'place, but he had never sold
them to Somerville.
Captain Roberts assured the Lord Mayor that no cre-
dit whatever was to be given to the assertions made by
Somerville, the nature of whose character and principles
was to be estimated by the very last excuse uttered by
liini; and for which there was not the shadow of a foun-
dation. Eforriertille was exercising all his ingenuity to
give the case a civil law complexion, but he would not
succeed.
Somerville said that lie was most wrongfully accused.
He had shown that his intentions were unexceptionable,
by torporting Scott in London for several days, in order
tHdt ilid litflfi misfit riot have it to say that he was pre-
vented by want from feftittltilttg to prosecute for the al-
leged forgery. He now courted prosteution, and was
convinced that he should not act justly to himself if he
tonsented to pay without the withdrawal of the charge
of prcoecetion, Besides, there were a great many other
utfiluiii,Lhearne wltii,„,,,tiort,iveitthhescrnototni,
emnittthhealslpaof
nish Government acted fairly to hittf.
Scott stated that it was fully evident that Somerville
never intended to let him have either money or certiti-
ettteg; hitting offered to compound for 13s. in the pound,
Gild fifteti+ards told the certificates for 10s. in the pound
ill (Abel' pittliesii•iiitliont having received any authority
or permission whateVet
Somerville—Why, I have evidence to prove that you
sold them to me, and I have evidence to prove that they
eft flat a Marketable commodity ; and, suppose I did
trii fait Ow instalments, what security have I that the
Rjtdiiigh Ottftffididit will stand two years, or whether
ESparterti t f figgiiiittia will pay me what is due to me ?
Mr. Dufour, the solicitor to Signor Castaneda, stated
that the Object of Somerville palpably was to depreciate
the dathitUritii which the poor adventurers possessed,
Mitt rid effed of the kind would be produced. The certi-
Oettte§ tere twenty shillings in the pound, as
+VOI kftet NIA the instalments would be re-
gularly paid. IL tiaa 14 hit hand ES document to prove
that Somerville had received t.!.!a unfortunate complain-
niteB two-instalments when they were due,.
Sivrildffilie then requested that the Lord Mayor would
feiid ijedit'g *Midi were in the writing of an
amanuensis, to prove trust Me' eoMillicetes were regularly
and bona fide made sale of by the thtifiEls
The LORD MAYOR, having read the letiersi, tAlgerved
that they made the case against Somerville still wUn'e
for they expressed extreme anguish and destitution, and
glicived that the person who could read them and con-
tititle td clettihi the poor property mutt be heartless
indeed. His Lordship said that the lOW'S contained
nothing like a sale of the certificates, thotigh OM tie=
tdOrtible condition in which Scott was, would evidently
sale, even at a sacrifice, for ready money,
• accgp.a
Ssce; totd; drat !t received letters
kO>titiktOigii entreaty fruit Me. 1 declare
in the presence of uiiCt tiefef wrote a word fit
answer to any one of ;hem, and you :`,qll td 'OW ease' he
tte* endpavgurs to turn them.
Thei, ltOor an Captain Roberts again called
upctn sdnieiiill6 Eli pay thei l&tob.rnts, and return the
certificates; fir the detentiOri of *ldeff there eobila be no
iEW flati#
4lief 411,4Kga rest tire Spanish atititori
ties, and referring to topics W111t.411 tiled what
ever to the cruel misappropriation of the path' mates
Ray? spoke in most insolent condemnation of Signor
citikittrteda, and provoked the Lord Mayor to say that the
defendant was merely speaking against time and with
the flew of pouring embarrassment and confusion over
the simple question of the base treatment to which the
disabled complainant was subjected. His Lordship,
haring expressed himself with great indignation,
Stittlertille assumed the air of a deeply-injured man,
and asked whether he was to pay upon a doubtful docu-
rtiettt• because the applicant happened to get himself half
desire-d-, in a menacing tone, to know why
Castaneda himself was not present to give evidence as
to the practice of defacing. the documents, for the re-
ceipt of the pay, and other mysterious circumstances
connected With the subject ?
Mr. Dufour said that ho was ready to answer any
question that might be put to Signor Castaneda, and he
had with him a certificate of Scott's to the endorsement,
upon which the name of Somerville appeared as a wit-
ness. That document, he apprehended, it would bo dan-
gerous to Somerville to have exhibited.
The LORD MAYOR, after looking at the certificates,
asked Somerville whether lie had not said that he never
was at Belfast ?
Somerville said that he never in his life was at that
place. •
The LORD MAYOR—How then does it happen that your
name appears to the certificate as if you witnessed the
indorsement at Belfast ? Somerville—l have always

signed in that way. It was requiredby those for whom I
acted as agent.
The LORD MAYOR—Here is the name of Scott on the
back of the certificate. Scott says that he never wrote
that or authorised it, and you sign your name as having
witnessed the indorsement. How is that.?—Somerville
said that it was in that document the alleged forgery lay,
and he should call a witness, the very man who had sup-
plied Captain Roberts with a list of claimants upon him
(Somerville) for the amount of instalments, to prove that
the charge of forgery was wholly unjust and untenable.
He admitted that the case was a clear case of debt against
him, and that there were very many other cases of debt
against him, all of which he should liquidate when the
Spanish Government should act as it ought towards him.
Robert M'Cormick was then called by Somerville. He
stated that he belonged to the Spanish Legion, and that
he had seen a man of the name of Anderson write some
of the letters addressed-from Scott to Somerville on the
subject of the cortificates when Scott was in the hospital
on account of the injury done to his arm. Witness said
Anderson inlorsed the certificates with Scott's name,
upon the recommendation of witness and the family of
Scott, in order to make Somerville agent to receive the
instalments. Witness said distinctly upon the occasion
that if the bills wAT not endorsed the money could not
be got. He had been materially served by Captain Ro-
berts, to whom all the poor men were under obligations '
for kindness and sympathy, but justice demandel that he
should come forward and make the statement he had just
uttered.

Ia answer to questions from Captain Roberts, M'Cor-
mick stated that he had never said that Somerville had
forged the indorsement.
The Lone MAYon. observed that whatever effect the
evidence just given would have upon the imputation as to
forgery, everything that had appeared either by docu-
ments or by oral statements, admissions, and assertions,
made the claim of the poor complainant more undeniable,
and more strongly marked with tli character of unfair
dealing the course pursued by the defendant ; and now he
(the Lord Mayor) again called upon him to give up the
instalments and the certificates.

Somerville—My Lord, it was asserted in this room
that there was a clear case of forgery against me, when
there was nothing but a clear case of debt. lam willing
to take my trial, if your Lordship thinks proper to com-
mit me.

The Lon]) MAYOR—If you do not pay this poor dis •
abled man, and return him his certificates immediately,
you are wholly unworthy of the notice of any one, ex-
cept as a person to be carefully avoided.
Somerville—Why, my Lord, the documents are not
marketable. •

Mr. Dufour then, in answer to Somerville, stated that
he was not aware that there were duplicates of any of
the certificates, and that lie had never heard that there
were forgeries of certificates known to Signor Castaneda.
Somerville—l wish to know whether the charge of
forgery is withdrawn ?
Mr. Hobler—lt is admitted that you did not write tl'e
the name of Scott on the back of the certificate ; but
your name appears strangely as witness to the endorse-
ment at Belfast, although you declare that you never
were at Belfast, and you prove that the name of Scott
was written by a man of the name of Anderson.
Captain Roberts, whose exertions for the benefit of
the unfortunate claimants cannot be too warmly com-
mended, stated to the Lord Mayor his belief that Somer-
ville would not part with one shilling, or one certificate,
however wretched might be the condition of the poor
fellows who fought and bled for what he had in his pos-
session. He (Captain Roberts) declared that he would
not take twenty-two shillings in the pound for the pay
due to him.

The LORD MAYOR then quitted the Chair, assuring
those who were in the Justice-room that Somerville was
whOly unworthy of credit or notice.
Sir P: LAURIE,
yesterday, mentioned that he had re-
ceiveil several letters from numbers of the Spanish,
Legion, complaining of the conduct of Somerville in de-
taining their instalments and certificates, and stating
that the " worthy agent," after having received the cer-
tificates, never took the-least cnotice',of the letters be-
seeching him to take the miserable citenmstances of his
clients into his compassionate consideration.