The Sun.
London, England, 1846-12-18 00:00:00

GLEN V. NETHOLD.

This was an action brought to recover the amount of
a baker's bill. The defendant pleaded coverture.
It was not stated who the parties were, and Mr.
Tuomss said he should put the defendant's mother in
the witness box to prove the marriage.
Mrs. Clarke, of Mount Pleasant, Lewes, was then
called, and said—l know the defendant. She is my
daughter. She is a married woman. She married a
Mr. Methold. I was present at the marriage at the sub-
deanery of Chichester on the 16th of May, about fourteen
or fifteen years ago.
, In crasE•2xamination she said she saw defendant's
husband last August. Ile was then in company with
defendant, but he had not lived with her fur eight or nine
years. He made her an allowance.
The Learned UNDER. SHERIFF said that could not
affect the plea, which was, whether or not the defendant
was married.
The plaintiff's Counsel said he disputed the marriage,
or that there was any evidence to go to the jury as to
the identity of the defendant.
The Learned UNDER-SHERIFF—The witness says,
" defendant is my daughter;" that leaves a matter of
fact for the jury.
The jury said it would have been more satisfactory if
the certificate had been produced.
The UNDER-SHERIFF said that there could not be
better evidence of identity than by the mother.
The plaintiff elected to be nonsuited.
WICHELO V. SCALES.

This was an action to recover damages for false im-
prisonment. The plaintiff is a costermonger, and sued
in forma pauperis, and defendant is a tradesman in Lam-
beth-walk, and suffered judgment to go by default.
The facts of the case were these :—About twelve o'clock
on the night of the 2d May, a pane of plate glass, in the
plaintiff's window, was broken, and several persons hav-
ing pointed out the plaintiff as the person who had
thrown the stick, he was given into custody, and was
locked up at the station-house for upwards of an hour,
until he found bail, but on the case being heard the nest
day by the magistrates, it was dismissed.
To prove the plaintiff's innocence,
Thomas Waters was called, and swore that be was
standing in Lambeth-walk on the night in question,
when a man named Knight took an orange out of his
basket, which made him very " wild," and he threw a
stick after him and it broke the window. 'Witness "cut
it " as quick as a shot. He was frightened, as he had
no money, and he got out of sight as soon as he could.
—(Laughter.) He wore a drab coat on that night similar
to one worn by plaintiff. Was a general dealer.
The UNDER•SHERIFF—What is a general dealer ?
Mr. PARRY—Selling a little brandy, cigars, razors, or
anything else which ought to be done in the dark.
Witness—No, I never sell brandy, cigars, or razors by
night ; only poultry, fish, and such like.
'Knight was called and admitted his share in the trans-
action, and that it was Waters who threw the stick ; it
missed him.

Mr. PARRY—Certainly ; or you would not have been
here. (The stick was five feet lung and three inches in
circumference.) Witness did not hear the crack of the
window, as he ran too quick in order to get out of the
way of the stick.—(Laughter.)
Other witnesses were called as to the apprehension of
plaintiff.

- Mr. PARRY addressed the jury, and said this was a
case of great hardship on the plaintiff. It was clear that
the plaintiff and all the witnesses were in the habit of
" larking" about to the annoyance of the. inhabitants.
Under the declaration it was impossible fur the defendant
to plead a justification, for whatever the damage done to
the window, ;if it was done by accident, the defendant
was not juatified in giving the plaintiff into custody. He
would, howeTer, show that he was morally justified in

acting as ho bad done for the offynce had in fact een
committed by the plaintiff, and if he proved that the
jury would no doubt think that the smallest coin would
be more than sufficient damages. If Knight had
been hit on the head with the stick, the person who
threw the stick would, in all probability, have had to
answer a charge of felony at the Old Bailey, instead of
bringing an action for being charged with throwing a
stick ; besides the loss of 3/, for the glass, he narrowly
escaped svrious personal injury. The Learned Counsel
urged that the witnesses had sworn to clear the plaintiff
and obtain damages and costs.
Two witnesses were7called on Lelialf of the defendant,
who proved that although the crash was very great,
plaintiff walked along close to the shop very coolly, and
did not take any notice ; but one of them swore he was
the man who threw the stick. The plaintiff was taken
into custody some time afterwards, and denied he had
been near the place all day, but the policeman said,
"Oh, yes you have ; I saw you larking in the after-
noon, and told you to leave off."—(The officer, in his exa-
mination, however, now said he was not confident as to
the identity). _ _

Mr. PARRY said he was labouring under difficulty, as
so many counsel had been engaged in the 2ace.
The UNDER- SHERIF) —Only one at a time, however.
Mr. PARRY—Just so, Sir ; it has been one down, the
other come on.

The UNDER-SHERIFF summed up, and the jury gave
—Damages, One Shilling.

Mr. 11.binson opened the case, Mr. Pearson examined
plaintiff's witnesses, and Mr. Hawkins addresed the
jury in reply.

CENTRAL CRIMINAL COURT.

OLD COURT.

Henry Ford was indicted for a burglary in the house
of William Sellers.
R. Knight, policeman, said that he was on duty in
Bread•street, Cheapside, on Wednesday the 2d Decem-
ber, where he observed the prisoner very early in the
morning passing with a box under his arm, and that he
followed him into Cheapside, where he stopped him.
The prisoner said that he had a box which his master,
Mr. Hazlidine, a bookseller, had given him the previous
-evening to take to Mr. Jones in Clerkenwell early the
next morning, but he did not know what it contained.
On taking hold of the box to examine it, he found that
it was unlocked. This excited his suspicions, and he
detained the prisoner. On searching him at the station-
house he found upon him the articles produced.
Sarah Sellers said that she is the wife of William
Sellers, who keeps the Farnham Castle, in Little Trinity-
lane in the City, where the prisoner was employed
as a potboy. She let him out to go home to sleep about
half-past ten on Tuesday night, the Ist of December,
and then retired to bed, leaving the doors and windows
fast, and the cupboard in the parlour, where she kept
her box and the other things stolen, locked. On coming
down in the morning she found the, win lows open and
the cupboard door forced, but did not discover her loss
until the policeman came to ask her whether anything
had been stolen from the house. On looking into the
cupboard, she perceived that the things now produced
had been taken away, although she had left them safe
when she went to bed.
William Brookes, a chimney-sweeper, who-lives in
Little Trinity-place, at the back of the Farrdistru-CaStle,
deposed, that on coming out of his house to go to work
between five and six o'clock in the morning of Wednes-
day, he saw the prisoner standing new. 'she Farnham
Castle, and asked'hini what he was doing ilicre so soon?
to which the prisoner replied that he was waiting to get
in. The parlour window was at that time open. On
getting to his work in Watling-street he heard the clock
of St. Paul's strike six.
Mrs. Sellers; on being recalled, said that there was a
broken pane of glass in the window, through which a
person could put his hand and unbolt the window.
Ann Wood, the mother of the prisoner, who appeared
much distressed, was called by him to prove that he did
not get up till six o'clock.
The JUDGE summed up, and the jury returned a ver-
dict of Guilty. Ttie prisoner was sentenced to be im-
prisoned for twelve months, with hard labour.
Josef Toney, 22, an Italian itinerant organ player,
was indicted for assaulting Elizabeth Edwards, in Hyde-
park, with intention to rob her.
Mr. Clarkson was retained for the prosecution ; the
prisoner :was undefended. As he was ignorant of Eng-
lish an interpreter was sworn.
Elizabeth Edwards stated that as she was passing
through Hyde park, from the Bayswater-road, about six
o'clock on the evening of the 25th November, and when
she had got near the trees, the prisoner took hold of her
arm and assaulted her in an indecent manner. On her
resisting he threw her down, and told her that unless she
gave him all her money, and yielded to his wishes, he
would murder her. She resisted with all her power, and
at length her repeated cries of murder brought the park-
keeper and a policeman to her assistance, by whom the
prisoner was apprehended.

James limeii, one of the keepers whose duty it is to
watch that part of the park which lies between the
Magazine and Grosvenor-gate, stated that, on the night
in question, he heard violent screams, of which at first
he took no notice, but these were followed by repeated
cries of murder, and he immediately hastened to the
spot whence they seemed to proceed. When he got
there he saw the prisoner and prosecutriz standing about
a yard apart from each other, the former with his dress
in a state of disorder.

James henry Long, a policeman who was on duty in
the park at the time, confirmed Emery's statement, and
stated further that on his arrival at the spot he saw
Mrs. Edwards evidently in a state of great alarm, and
much exhausted. Her dress was torn, her hair in dis-
order, and her bonnet and cap lying on the ground so
injured as to be unfit for further use.
The pri,oner made the usual defence in those cases,
viz , that the prosecutrix was a consenting party. He
called no witnesses.

The LEARNED JUDGE, in summing up, explained the
Legal difference between a common assault and an assault
with intent to rob.

The jury returned a verdict of guilty of an assault,
but not with an intention to rob, and the prisoner was
sentenced to be imprisoned and to be kept to hard labour
for eighteen months.

William Brand, the landlord of the Brown Bear, in
Leman-street, was indicted for making a vi9lent assault
on Michael Petrowich, an Austrian sailor, with intent
to do him some grevious bodily harm.
Mr. Ryland was retained for the prosecution, and Mr.
Prendergast, with Mr. Huddlestone, appeared for the
prisoner.

The prosecutor stated that, on the sth of December,
he went to the Brown Bear with a f fend, where, after
stopping some time, he was struck over the head and
face with a staff, and so much hurt that he
was taken to the London Hospital, where he
remained nine days under surgical care. It appeared, by
the evidence of several witnesses, that on the night in
question a disturbance ensued in consequence of a glass
being broken, for which Petrowich was required to pay.
This he refused, and the landlord, in endeavouring to c_ear
the,house, struck him on the head with a constable's staff.
The policeman who took Petrowich into custody, at the
instance of Mr. Brand, gave him an excellent cha-
racter for the quiet conduct of his house; but stated
the neighbourhood to be such, that in public-houses
there it sometimes required force to keep order.
On the part of the prisoner, witnesses were brought to
show that the disturbance arose in consequence 'of the
prosecutor refusing to pay for a glass which he had
himself broken, and that he was not struck until he had
drawn a dagger, which he brandished to the evident
danger of those around him, and especially of the pri-
soner, at whom he had made a rush with the naked
weapon, and was only with difficulty restrained.
After a lengthened trial, the jury returned a verdict
of Not Guilty, to the very evident satisfaction of a
crowded court.

During the trial a witness, of the name of Nolan,
was brought forward for -the prosecution, who entered
the witness-box in a__stiste pf intoxication. After seve-
ral efforts to induce hits t 6 act with propriety he was
transferred from the -box-;to-the. bar, and sentenced to
one month's impri4onment, for contempt of Court.
The pri:onersets and Scott, who pleaded guilty to
a charge of stelft•plated goods, of the value of 461.,
were brought ipBff)r-jiiclgment.
The Learned JUDGE said that he had con-
sidered the application made yesterday, and had
consulted with his Learned Brother. Is was agreed
between them that the crime was a very ag-
gravated larceny, in which there were no alleviating
features, but, on the contrary, one deserving a severe
punishment ; and the sentence of the Court was, that
they be transported beyond the seas for seven years.

POLICE INTELLIGENCE.
GUILDHALL.

A boy, about 14 years of age, named Aldridge, was
charged before Mr. Alderman Moon, with unlawfully
entering the house of Mr. Beloe (the keeper of the
well-known fish dining-rooms in Gresham street), and
stealing therefrom property to a considerable amount;
and a boy, somewhat older, was also placed at the bar
charged with receiving part of the stolen property.
Mr. Beloe stated, that the prisoner. Aldridge, was
recommended to him by an old lady in Leaden-
hall-market for the situation of errand-boy, and
was an object of charity, in being without father or
mother, or any relative. The witness accordingly em-
ployed him, gave him a suit of clothes, board, Judging,
&c. For some time the boy went on well enough, but
about a fortnight ago, being sent to purchase some ar-
ticle for cooking, he absconded with the money. On
Friday night last, the house was d.osed, and the street-
doors fastened and bolted as usual, but at six o'clock in
the morning Mr. Beloe was aroused by the police in-
forming him the street-door was open. It was found
some person must have secreted himself in the house till
the family were asleep, and then unbolted the street-
door and decamped with the plunder, which it must
have required a thorough knowedge of the place to find,
and a good deal of patience and care to cul:ect, without
alarming the house. It further appeared that the thief
had regaled himself with a basin of cocoa, which he
took time to make before he departed. Amongst the
property carried off was a diamond ring, of the value f
twelve guineas, a pair of silver-gilt spectacles, and
seventy- nine shillings. Last night the prisoner
was discovered concealed in the dust-bin as the
house was about to close, and being conveyed to the
station-house, he confessed that he had concealed him-
self in the house on Friday night and committed the
robbery. He piste auch information respecting the dis-
posal of the property as led to the arresting of the other
prisoner, upon whom, however there was only found a
penknife, which he said he bought of Aldridge for a half-
penny. However, at the request of the police they were
both remanded fur a week.
BOW-STREET. " _
William Pigeon was placed at the barja4core" 3fr.
having been remanded from time to tiTh since the t3th
July, on a charge of riding over James Donham, a cab-
driver, and breaking his leg. (The defendant had been