The Sun.
London, England, 1846-12-02 00:00:00

WESTERN ROBBERIES.

(Continued from our Afternoon Edition of yesterday.)
Witnesses were then called for the defence.

Three witnesses severally deposed that on the day on
which the apprehension took place, the defendant
Prance was 150 miles distant.

George E. Evans, one of the turnkeys of the Giltspur-
street Compter, gave evidence of interviews that had
taken place there between the prisoner Maynard and
the plaintiff, accompanied by a person who gave his
name as Smith.

Wm. Springet, another turnkey, gave evidence to the
same effect, and deposed that on the 7th of August
Wareham came with a person who called himself Smith,
but who turned out afterwards to be Garratt. On that
occasion certain proceedings took place at the interview
which led witness to suppose that they were connected
together, and that they gave addresses which subse-
quently turned out false.
Thomas Tricker was examined by Mr. Ser-
geant TALFOURD as to the circumstances under
whieh Wareham and Maynard lived together in
Hoyland•street. On some occasions Wareham ap-
peared as landlord, and on others Maynard.
On most occasions, however, when he called at the house,
Mr. Wareham appeared as the managing party. Wit-
ness recollected Maynard being taken up, and saw Ware-
ham two days after. He then told witness that " May-
nard was taken up, poor fellow, and that he did not know
whether he was guilty or not ; but that if he was, there
were many others also." He likewise told witness about
the writing-desk left in the house by Maynard, which
he stated to contain a great deal of property. May
nard had told plaintiff to take care of it if anything
happened to him, and that when the officers were in the
house the plaintiff and Garratt took it away and
left it at a public-house. The desk was stated
to contain many duplicates and valuable docu-
ments. He promised witness, who was acting for
the proprietor of the house, that he would deliver up
what documents he had any claim to, if he gave him
some money for them. Witness subsequently was shoin
a large handful of duplicates, which plaintiff said he had
taken from the desk, and which he offered for sale. He
had some conversation with Wareham the day after he
had been taken to the Great Western station. Mrs.
Wareham was present. He said "he did not care a
about it. He had had plenty to eat and drink, and
a half-crown when he lett, and that was more than he
would have earned at home."

Examined by Mr. Sergeant MURPHY, for Mr. Nash—
On one occasion, when speaking to Wareham about the
papers in the desk, plaintiff said the property in it was
of great value, and that if the officers got hold of the
documents it would play the greatest mischief with him.
Cross .examined—The property of Dr. Rogers, to
whom the house belonged, was furniture, and china and
glass ; there were also some duplicates belonging to the
doctor. lie hae. told the story he had stated that day
over and over again to Mr. Nash. He had been wits►
that gentleman four or five times.
Arthur Spencer said he was a dealer in marine stores
in Paddington. Had known Ma 3 nard for two years
prior to his conviction. Did not know Wareham till he
went to live in Hoyland-street. Maynard had lived in
Hoyland•street about four months before his apprehen-
sion. On several occasions when witness called there he
saw Wareham. On one occasion he met with Wareham
at the King and Queen public-house, and the latter then
stated May nard was only a loslger, and that the house
was his. He had some conversation with 'Ware-
ham after Maynard was taken up, and he
stated tho facts about the writing-desk, and
said there was the deuce to pay at home.
After Maynard had been examined at the Guildhall
witness was told by plaintiff that he had received a
letter from Maynard, wishing him to act as his agent
and look after his wife and family. Wareham said he
would not do anything without money, and that he
would not give up the writing case without a sum was
paid him. The witness gave the details of other inter-
views with the plaintiff which went to show that he was
intimately mixed up with the proceedings of Maynard
and Garratt.

The cross-examination did not materially affect the
evidence in chief.

Joseph Halfpenny, landlord of the Bell public-house,
in Tichfield street, deposed generally to conversations
with Wareham about Maynard's affairs, of a similar
nature to those referred to by the previous witness. He
also gave evidence that Garratt, on one occasion, left a
leather portmanteau in his custody till he or Wareham
called for it, and that about three weeks after the plaintiff
called and took it away.

V-John Davy, an
appraiser in Union-street, gave evi-
dence to the same effect about conversations with Ware-
ham. On one occasion the plaintiff. mentioned the
writing-case, and said Collard and Nash were.
it.
in search
of it, but that he would take very
Centralg good care of
Criminal Court,
Henry Avery, clerk of the
produced the convictions of Garratt and Maynard.
Mr. Serjeant WILKINs submitted h that these convic-
tions were irrelevant, as they only proved the conviction
of Maynard and Garratt, and could not be taken as
proof of the felony as applied to the case of a third
party.
Mr. Sergeant TALFOURD contended they were not
irrelevant, and should be taken as evidence of the felony
committed.
The Loan CHIEF JUSTICE referred to the case of the
Irish Society, on behalf of which he appeared before the
House of Lords. On that occasion a similar point was
raised, and it was decided that such could not be re-
ceived as evidence against another party. The con-
victions, therefore, might be received as proof of the
fact of the decision of the Court, and for any collateral
purpose arising out of that, but not as evidence or the
fact that felony was committed by the parties in question.
Mr. Vandyke Lawrence, deputy. governor of Millbank
prison, deposed to Garratt being delivered to him, and to
taking him with 199 others to Woolwich.
Henry Masterman proved receiving Daniel Garratt on
the Bth of December, and placing him on board a convict
ship then bound for Bermuda.
Mr. Evena, a clerk in the criminal department of the
Home-office, put in a return from Bermuda, stating the
arrival of Daniel Garratt there.
The Clerk of the Court here read a rule which had
been obtained, empowering the Master of the Court, or
commissioners' if that were not practicable, to examine
Garratt, since his conviction, in relation to the whole
proceedings.
The examination of Garratt was next read in extenso,
which embraced the whole proceedirgs relating to the
stealing of the writing-case. The substance of it went
to show that Maynard and Wareham had acted to-
gether in the transaction about the writing-case. In
other respects it corroborated the evidence of the wit-
nesses examined on this point to-day—that Wareham
was privy in a great measure to the nature of the pro-
perty, and that it had been feloniously obtained.
The 0459 was then adjourned till to-niorrow