The Sun.
London, England, 1848-02-01 00:00:00

R 1, 1848.

The COURT granted the application.
James Shaw Forster surrendered to answer a
charge of obtaining money by false pretences.
Mr. Ballantine and Mr. Robinson prosecuted, and
Mr. Metcalfe was for the defendant.
The prisoner, it appeared, was in the service of the
Eastern Counties Railway Company, and when
goods brought by the railway were sent out to the
persons to whom they were directed, it was his duty
to give the carman a ticket for the amount of the
carriage, and it seemed that the prisoner had altered
the amount in ditierent instances charged by the com-
pany to a larger sum, appropriating the difference to
himself.

'The jury returned a verdict of Guilty.
Mr. BALLANTINE said that there was another in-
dictment of a similar character against the prisoner.
The COMMON-SERJEANT inquired the a nount of
money which the prisoner had by this means appro-
priated ?

Mr. BALLANTINE said they had no means Of as-
certaining this, bLcause the fraud was nut upon the
company, but the public.
The prisoner WllB sentenced to six months' impri-
sonment and hard labour.

Kay Hardy surrendered to answer a charge of riot
and forcible entry.
Mr. BALLANTINR, in opening the case for the pro-
secution, said, the object sought for was not to inflict
punishment upon the defendant, but in order that
Mr. Pigott, who was the prosecutor of the indictment,
might obtain possession of his awn house, from which
he had been dispossessed by the violent conduct of the
defendant. The Learned Counsel then explained that
the defendant was the assistant of a Mr. Baker, a
surgeon, who occupied a portion of Mr. Pigott's house
in Doctors'-cominons, and whose tenancy expired in
December last. Instead: however, of leaving, he re-
mained in the house, and Mr. Pigott having by a
contrivance got rid of his servant, and thus obtained
possession, the defendant afterwards came and with
great violence forced open the door, and regained
possession, and, with Mr. Baker, still remained in the
house. All that Mr. Pigott wanted was to get his
house, and if possession were given up he should be
content not to proceed with the indictment.
Mr. CLARKSON, who appeared for the defence, said
that as far as Mr. Hardy was concerned he had no
desire to interfere with the dispute about the posses-
sion of the house, but he had no control over Mr.
Baker. The only share he had in the transaction
was, that finding the servant had been got out of the
house by a stratagem, and that he was prevented from
going into his master's place, he being at the time
engaged in attending to the patients, and requiring
medicine for them he had forced his way in.
The COMMON-SERGEANT expressed an opinion that
the charge of forcible entry against the defendant
could not be supported, because the prosecutor was
not justified in taking the steps he did to obtain pos-
session of his house. It might be very inconvenient
to have a person keep a man out of his own h )use,
but he must enforce his rights in a legal manner.
Mr. BALLANTINE argued that after the notice had
expired the parties were trespassers. Mr. Pigott
only wanted to get his house to himself, and it was
very hard upon him, as he was going to be married,
and could not bring his wife home till lie had his
house.— (A laugh.)
After some discussion of a technical character,
during which
The COMMONSERJEANT repeated his opinion of the
law, but said he would reserve the point if it should
be necessary to do so,
Mr. BALLANTINE insisted upon going on with the
case.

Mr. W. P. Pigott was accordingly examined—He
said that he was a mathematical instrument maker,
and resided in Wardrobe-place, Doctors'-commons.
In 1844 he let a portion of the house to Mr. Baker, a
surgeon, for a period of three years, which expired at
Christmas, 1847, and he gave him notice to quit, and
he had no right to be in his house after that period.
Mr. Baker still, however, remained there, and the
defendant acted as his assistant. On the 2d of
January Mr. Riker was absent from home, and while
the defendant was out in the morning witness sent
their servant out upon an excuse to fetch a pot of
porter, and when she returned he refused to admit
her. Some hours afterwards the defendant came and
forced the door open with a crow-bar and again took
possession, and had remained there ever since with
Mr. Baker.

Mr. CLARKSON said, he should not occupy the time
of the jury in cross-examination, or in arguing the
point of law, but should submit that it was impossible
for them, even upon the statement of the prosecutor,
to convict the defendant of the offence of forcibly en-
tering a house from which his. employer's servant had
been removed by a trick, and where under the circum-
stances, he might have very well considered that he
had a perfect right to be.
The jury immediately returned a verdict of Not
Guilty.

POLICE INTELLIGENCE.
M ANSION-110 USE.
Thos. Schack was brought before the Lord Mayor,
charged with having uttered a forged checque for the
sum of 1001. upon the house of Messrs. Rothschild.
Mr. F. G. Kirchem, clerk to Messrs. Rothschild, of
New-court, St. Swithin's-lane, stated that the pri-
soner presented a bill of exchange for 1001. and
received the amount. The acceptance (that of
Messrs. Rothschild) was genuine ; but the signature
at the back, purporting to be that of Lawrence
WHber, was fictitious. The prisoner I-Lal acknow-
ledged that the endorsement was a forgf•ry. The
firce received a letter afterwards, in relation to an-
other bill which was forged, advising that the person
who should present it should be detained. The pri-
son, r was remanded.

The LORD Miroa, said he had to acknowledge
the second half of the 10/. note from " A. 8.," and a
51. note from " W. S. 5.," and 10s. from " D.," for
the poor•box.

IVORSHIP-STREET.
¶two miserable-looking men named John Baines
and George Downes, the latter of whom stated that
he had carried on business az a master butcher in the
district fur upwards of thirty years, and paid all the
rates and taxes to which he was amenable, and the
former described himself as by trade a tripe dresser,
applied to Mr. Hammill for his interference in their
behalf with the parish officers of the IVhitechapel
Union, by whom, as they alleged, they had been in-
sufficiently relieved.
Baines, who was so ill that he had been obliged to
rest his head upon his hands for support, and was so
deaf that it etas with difficulty the magistrate could
make him hear him, stated that about five or six weeks
ago, his children, of whom he had then four, were
seized with the smallpox, and that his wife, who had
been anxiously attending upon them, suddenly
dropped down in a fit of apoplexy and expired. The
death of the mother was followed in three or four hours
afterwards by that of one of the children, and, being
reduced to extreme distress and privation fur the sub-
sequent weeks, without any provision for his three
remaining children, one of whom was deaf and dumb,
and all of them in had health, he was compelled on Satur-
day at two o'clock to apply at the workhouse foradmis-
sion. There he saw the overseer, who told him to come
again at six in the evening, which he did, and after
being detained there till eight, received a small piece
of dry bread only for each of them and an order for
one night's lodging. On presenting this, he and his
children were taken down a gateway into a kind of
long shed, apart from the workhouse, where about 40
other outcasts were admitted, and lay
huddled toge-
ther in a row upon the ground, with
nothing
but some
straw to serve for a bed. The place, which was ex-
tremely wretched, had two skylights in the roof, but
so many of the panes in these were broken that the
wind and rain poured down upon them throughout
the night, and they were almost paralyzed with the cold
and damp, which produced in him a severe attack of
rheumatism, and had so affected his hearing that it
was only with great difficulty that he had been
able to hear and understand anything since. The
place, too, was so infested with rats that they
were unceasingly annoyed by them until the next
morning, when they were all turned out, without any
food being given them, and went to the residence of
the overseer, to whom he represented the illness of
himself and children, and requested that they might
be permanently admitted into the workhouse. This
was positively refused by the relieving officer, who
would give them no other accommodation or relief
than that they had previously had, and feeling too ill
to again endure this, he was standing in the street
considering what he should do, when a gentleman
who was attracted by the grief of his children, who
were all crying around him, came up, and on hearing
his statement, presented him with 64. to purchase
some food and procure a lodging for the night, which
he was at last able to do at a place in Flower-and
Dean-street. He had lived for 40 years in the parish
and been for four years in the service of a Mr. Bar-
ton, of Tabernacle-square, who was now willing to
again employ him ; but, with his recent deakess, and
the rheumatism in every bone, it was impossible for
him to work, and as he should be put into the same
dangerous place he was before put into if he went to
the workhouse again, he was obliged to lay his case
before the magistrate.
Three of this man's children were shivering on the
floor round the fire of the outer office, and the eldest, a
boy about 11 or 12 years of age, who was resting his
body on the coal-scuttle, manifestly very ill, and whose
naked skin was visible in several places through his
scanty clothing, the father stated that he was afraid
he should not have alive in the morning.
Downes stated that he was sixty-one years of age,
and having purchased the house in which he had car-
ried on business for the period above mentioned, sus-
tained such a severe relapse in his trade, that he had
lost everything he had, and, being reduced to the
greatest poverty, was obliged at last to apply to the
parish. They lodged him in the workhouse for a
week, and he was there as comfortable as could be
expected, but they discharged him last Thursday ,

morning, with an order for one night's lodgings, and
on presenting it in the evening, he was put into the
same place as the last complainant, with a piece of
bread the size that Baines had described his; but
thinking it prudent to save his bread till the morning,
lest he should not get any more, he placed it in his
hat, and on awaking found that it had been devoured
by the rats, who had also carried ca the handker-
chief in which it had been wrapped, and which he had
some difficulty in extricating from the hole down
which it had been carried His description of the
lodging was much the same as Baines's, with the ex- .
ception that he had been partly covered during the
night he slept there with a sack filled with
straw, but the place was so damp he was afraid
he should lose his life if he again slept there; and
upon applying anew at the workhouse, he had been
presented with an order to break stones or pick
oakum ; but this, from his age and ill health, he was
incapable of performing, and as he could get no other
relief he also thought it moat expedient to apply to
the magistrate.
Rowland, the warrant officer, having stated that he
had known the last witness for many years as a
well to-do tradesman in the district, and that he be-
lieved his description of his misfortunes to be true,
Mr. Hammtm. expressed some surprise at the state-
ment of the applicants, and having said that he con-
sidered their cases well worthy of more consideration
than they had received, and his astonishment that
they had not been better attended to, directed Row-
land to present each of them with is. from the funds
of the poor-box for their immediate exigencies, and
then proceed with them t* the office of the relieving
officer, with a representation of his opinion of their
claims, and a request that they should be at once
attended to.

The applicants thanked the magistrate for his kind-
ness with great gratitude, and left the court with thh•
officer and children.

LAMBETH.

William Hancock, and Mary Elizabeth Hancock,
his daughter, were placed at the bar before Mr.
Elliott, on a charge of stealing a gold watch and a
quantity of plate, the property of Mrs. Burrows, a lady
residing at No 6, Canal-grove, Old Kent-road.
The prisoner admitted that he had been in the
deepest distress, but accounted for his possession of
the money by saying he had disposed of a chest of
drawers for three guineas, and that the money found
upon him was part of the produce of the drawers.
Mr. ELLIOTT remanded the prisoners.
SOUTH IV A RK.
Thomas Barnash, a pugilist, was brought before
Mr. Cottingham, charged with committing a violent
assault on policeman 137 L, and rendering him unfit
for the performance of his duties.
The policeman, who appeared to be very seriously
injured, stated that on Saturday night, while on duty
near the Surrey Theatre, he interfered to prevent s
fight between the prisoner and another man. The
moment, however, of his interference, he was struck
by the prisoner and knocked down, and while on the
ground his assailant knelt upon his breast with such
force as to deprive him for some time of the power of
breathing; in addition to which he was also kicked
in the side, but he could not undertake to say posi-
tively the prisoner was the person by whom it was
inflicted. The policeman here handed in a medical
certificate, describing that he had received some
serious internal injuries, which incapacitated him
from attending to his duties, and adding that it was
impossible as yet to ascertain the extent of them.

The prisoner, in defence, said that some time ago
he received a wound in the head, from the effects of
which he suffered much, particularly when he drank;
that on the night in question, while drinking at the
bar of a public-house near the Surrey Theatre, he
was insulted by a man, and that they went out to
settle their difference, when the policeman interfered,
and that it was by accident he (prisoner) fell upon
him in the way described, which he should not have
done if he had not been in liquor.
Mr. COTTINGIIAM, in strong language, denourced
the conduct of the prisoner, who, he said, had evinced
great brutality on the occasion. The men following
the avocation of pugilists, he must say, generally
displayed much courage, and even if insulted by
those over whom they knew they possessed much
advantage in point of skill and science in the art of
boxing, yet instances were rare in which they used
them against such persons. The Magistrate added
that, as it was impossible to predict what might be
the consequences of the prisoner's violence towards
the policeman, he should commit him to prison for
one month instead of inflicting a penalty, and that in
the meantime if the policeman died, ho could be
brought up again from the gaol to answer for the
more serious charge.
The prisoner's wife, with a baby in her arms, soon
afterwards supplicated for an alteration in the magis-
trate's decision, saying that imprisonment would be
the ruin of him and his family, and that she would
endeavour to raise the money to pay any fine that
might be inflicted.

Mr. CorriNGllA.Ni refused to listen to the applica-
tion, and the prisoner was committed.

RAILWAY SHARE MARKETS.
LIVERPOL, JAW. 31.
STOCK EXCHANG E.—TheO
lites are—East Lancashire, New,
3 a dis.—Great Northern, 5% c. dis.— Great Western, 171.
Shares, p.—Lancashire and Yorkshire, Fifths, ttz p.—
Ditto, 32/. Shares, 5 c. die.--London and North-Western,
152 c.—Ditto, New Quarters, 6ts p.—Ditto, Fifths, 91,‘2 p.
—Manchester, Sheffield, and Lincolnshire, Preference,
.1%;
p.—Ditto, Quarters, No. 1, p.—Midland, 40/. Shares, 4434
—Ditto, halves, dis.—North British, Quarters, 14 c.
—North Statl.,rdshire, :1/4 p.—North union (A), 209 c.—
Shrewsbury and Chester (late N. W. M.), New, P-7-
S4.uth-Eastern and Dover, 31'4 c.—Ditto, New, No. 1, 31/1
dis.---- Ditto, No. 4, 114 dis.—York, Newcastle, and Ber-
wick (N. and B. Extensions), No. 2, 311 c. p.—Ditto
(G. N. E. Purchase), 2% p.—Ditto, Preference, 2N, p.
MANCHESTER, Jaw. 31.
STOCK EXCH ANO E.—The sales are—Birkenhead,
Lanca-
shire, and Cheshire Junction, 51,(--East Anglian, New Pre-
ference 1,4 dis.—Great Northern, 5% dia.—Huddersfield and
Manchester Railway and Canal, Thirds, % dis.—Lancashire
and Yorkshire, 321. Shares, 43,4 dis.—Ditto (West Riding
Union), dis.—London and North-Western (Manchester
and Birmingham), Quarters (q), 4 p.—Manchester, Shef-
field. and Lincolnshire (Sheffield and Lincolnshire), 54 die.
--North Staffordshire, 13-16 p.—South-Eastern and Dever,
No. 4,1% dis.—York, Newcastle, and Berwick, Extensions,
No. 2, 3 5-16. p.

HULL, JAN. 31.
STOCK EXCHANGE —The sales are—Blackburn, Damen,
and Bolton, 10 R. dis.—North British, Quarters, Is. 61
c.
dis.—llitto, Extension (scrip), 9d. dis.

AN INFERNAL MACHINE AT SIIEFFIELD.—TIIO
Sheffield Iris states, that early yesterday morning week
an attempt was made to blew up the premises of Mr.
Marples joiners' tool-maker. The infernal machine used
for the purpose was similar to others used in that town
for like diabolical (Alecto; being formed of an iron tab.
of great thickness, and plugged at each end with lead,
while a kind of touch-hole was left in the middle of the
barrel for tho insertion of the patent fuse. The villains
gained access to the premises by scaling a high wall, and
had placed the loaded tube under the warehouse, through
a door which opened into the yard. When the explo-
sion took place no further mischief was done than the
blowing down of the door. Mr. Marples had not been a
member of a trades' union for two years, and had had no
dispute with any of his men.
CMRIST CHURCH, SURREY.—A few days since the
trustees of Mr. Marshall's estates assembled for the
purpose of electing a rector of Christ Church, Surrey,
rendered vacant by the death of the Rev. Mr. Mapleton.
The Rev. T. M'Gill, 8.A., curate of Clapham, and the
Rev. G. W. Lewis, M.A., minister of fit, Peter's,
Southwark, wore nominated; and the votes of the
trustees were found to be—in favour of Mr. M‘Gill, 5;
and in favour of Mr. Lewis, 5. Neither party would
give way; and as it was found impossible under the cir-
cumstances to proceed to theielection, it was agreed that
the matter should be referred to the Bishop of Win.
Chester, and that his decision should be final. A state-
ment of the case was laid before his Lordship, who forth-
with appointed Mr. Lewis to the benefice.
'''HE HERRING FISHERIES.—The Lords Commis.
sioners of her Majesty's Treasury having had under
consideration a report of the Commissioners of Customs,
have just issued orders for the admission, without pay-
ment of duty, of fir wood hewn, not exceeding 'three
feet in length, nor exceeding eight inchos square, equally
with birch wood of the same dimensions, when imported
for the sole purpose of making herring barrels for the
use of the fisheries.—Scotsnian.

[ADVERTISEMENT.] Debilitated Constitutions,
Disordered Liver, Bile, and Indigestion, cured by Hol-
loway's Pills.—The good effects produced by this salutary
medicine are really extraordinary, and speak 'volumes is
favour of its excellence in the cure of impaired Digestion.
Bile, diseases of the Liver and Chest. The benefits de•
rived from the use of Holloway's Pills in these com•
plaints are permanent, as the whole system is completely
renovated, by inducing a healthy action of the liver,
strengthening the organs of digestion, and promoting a
free respiration. Persons suffering from any of these
disorders should immediately have recourse to this esta-
blished remedy, to ensure a safe, certain, and speedy cure.
—Sold by all vendors of medicine, and at Professor Ilol•
leway's Establishment, 244, Strand, London.

BIRTHS.
On the 24th ult., at Turuharn-green, Mrs. John Fletcher,
of a daughter.
On the 24th ult., at River Hill, near Seven Oaks, the lady
of.J.ihn Rogers:, Esq., of a daughter.
On the 26th ult., at Teignmouth, the lady of Captain F.
T. Meik, h. p. 16th Lancers, of a daughter.
at the 27th ult., at ;Chester-terrace, Regent's-park, thi
lady of Charles Gould, Esq., of a son.
(in the 27th ult., in Beutinck-street, Mrs. Frederick
Nichol!, of a son.

MARRIICD.
On the 29th nit., George Faish, Esq., of Brixton, Sump
to Elizabeth, relict of the late William }feline, Esq., of City-
terrace. City-road.

DI SD. ^ _
On the 29th ult., after a few days' illness, Mr. William
Andrew Bain, of 2, Duke. street, 'Westminster, newspaper
agent, in the stlth year of his age.
On the 25th ult., at Putney, Mrs. Hussey, aged 82.
On the 25th ult., at Southampton, Sir William D'Arey
Todd, KR, aged 77.

London: Printed and Published by MUBDO YOUNG, it
No. 112, Strand, Printer, at The Sun Office, No. 111.
Strand, in the l'recinct of the Savoy, is the malty 01
bliddluez,Tuesklay, February 1,184 S.