The Sun.
London, England, 1846-06-03 00:00:00

WIIITTAXER V.1t133

This mil an act'on of assunipsit, involving several
breaches of the covenants of aft agreement, and was in-
teresting as a question often arising between landlord and
tenant. It now came before the Court in the sigtpe of a
Special demurrer, assuming the character and form of a
general demurrer set up by the defendant to the plain-
tiff's delaration. It appeared that a gentleman named
Jones leased for a term of years certain premises at
Highgate to the plaintiff in this action, Mr. Whittaker,
a solicitor in Lincoln's Inn, and th4t there were several
covenants in the lease binding plaintiff, and amongst
them one to keep the premises in a state of re-
pair during; the term of his holding. Plaintiff sublet
the premises to the defendant for a term of two years,
short of one day ; and the defendant in the agreement
was alleged to have bound himself to the performance on
his part of " all the covenants" in the original agree-
ment between plaintiff and Mr. Jones, Plaintiff's de-
claration pleaded that defendant had thus boiled himself
to keep the premises in repair, and that not merely for
the tettri of his taking, but for the larger term of seven
years, f,,r which Vatintirf was bound to keep them in re-
pair. To this the plaintiff demui'red, and the ease now
came on to be argued.
Mr. PEACOCK appeared for the plaintiff, and con-
tended for the larger construction, maintaining that the
defendant had made himself liable, upon strict investiga-
tion of the agreement, to keep the premises in repair for
the term of the plaintiff's holding the agreement showing
that he had bound himself to take the premises, subject
to all the covenants in the original lease.
Mr. Bunsi, for the defendant, held the contrary; and
submitted that the plaintiff's declaration was ambiguous;
that it would be abiutd to suppose that the defendant
would for a moment bind himself to the fulfilment of
" all the covenants" in the original lease; as, for in•
stance, the covenant binding plaintiff to pay his rent.
Surely the Court would not for a moment suppose that
the defendant would bind himself to that
covenant ? Looking, then, at the case altogether, he
(Mr. Burni) submitted to the Court that the construc-
tion of the agreement was limited, the defendant intend-
ing the narrower construction of two years when he took
the premises; that the plaintiff's declaration was bad,
and that the judgment should be for the defendant.
The Court conferred together for some time, and de-
livered judgment in favour of the plaintiff, the Learned
Judges respectively holding that, in the terms of the
agreement, the defendant had put himself in the position
of the plaintiff respecting the repairs, and bound himself
to the covenants for plaintiff's term, it appearing to the
Court that he took the premises with that understanding

POLICE INTELLIGENCE.
MANSION-MOUS E.
THE FORGERY OF THE BUCKINGHAMSHIRE RAILWAY
AND OXFORD AND BLETCHLEY SCRlP.—Yesterday, the
same degree of interest which was manifested on the
first examination of Faulkner and Fabian, the persons
who stand charged with the forging of the scrip
of the Buckinghamshire Railway, and Oxford and
Bletchley Junction Company, display ed itself in the
justice room at the more detailed investigation.
Mr. Clarkson appeared for the prosecution, under-
taken by Mr Solomons against the prisoners, for the
forgery of scrip to the amount of 500/ ; and Mr. Ballan-
tine and Mr. Doane attended for the prisoners. Alder-
man Gibbs presided.
Mr. W. Harding, secretary to the Company, was the
first witness called by the Counsel for the prosecution.
He stated that the offices of the Company were in
George-street, Westminster. He ordered the scrip
from for the Company, under the direction of the
Board of Management, and Messrs Smith and Ebbs, of
Tower-hill, were the only persons who executed the
printing of the scrip. (Here a genuine scrip form was
identified by the witness.) He had the counterfeit of the
scrip produced. The numbers were noted by the clerks
and signed by him, and the issue commenced in October.
(A quantity of what appeared to be copies of the genuine
scrip was then produced.) He believed the forms pro-
duced to be spurious. He had signed all the genuine
scrip, and the forgeries were skilful copies of his writing,
and had all the characteristics of the genuine vouchers.
The good and the fictitious were not printed at the same
time.
The genuine and the forged documents were then ex-
amined by Alderman Gibbs. The following is a copy
of one of the forged scrip :-
1845.
(Scrip.)
Buckingham Railway, and Oxford, and Bletehley
Junction.
Provisionally Registered.
Capital, 2,250,0001. in shares of 201. each.
Deposit, 21. 2s. per share.
No. 70.401 to 70,450.
The holder of this voucher is entitled to 50 shares in
the above undertaking, behaving signed the subscribers,
agreement and Parliamentary contract, paid the deposit
as above, and agreed to pay all calls in respect of the
said shares.
By order of the Provisional Committee of Management,
W. ARDING.
The difference between the copy produced and the
genuine scrip was not perceptible to an ordinary ob-
server, so that the witness appeared to test the quality
of the documents by a comparison with the counterfoil.
In his crass-examination by Mr. Ballantine, who did
not consider it necessary to go strictly into the question
on the present stage of the proceedings, Mr. Harding
'said that the company had not yet obtained its Act of
Parliament, and there were no certificates commonly
called shares: The scrip,; without the signature of the
party to whom the allotment was made to the deed,
would intitle the party to nothing. It was the signa-
ture to the, deed that intitled the party to the shares.
In re-examination by Mr. Clarkson, the witness said the
Company was provisionally registered, according to the
late Act of Parliament. There had been no scrip
issued to so high a number as 70,000 by the Company.
Mr. Ballantine profeaxed the utmost indifference as to
the name which the pieces of paper produced might be
called, whether they were designated as receipts, or
vouchers, or warrants. He thought it would be a very
difficult matter to prove that they are instruments of
any value at all —(A laugh.)
Mr. Charles Moody, lithographer, of High Holborn,
was next called. He stated that about two months ago,
in consequence of an advertisement which appeared in
the Times newspaper, addressed to lithographers, he
went to No. 42, Gower-place, and there saw the prisoner
Fabian, and another gentleman. Fabian said they were
in want of a competent lithographic printer, and one who
had a press of a size which ha mentioned. Witness said
he had been many years a lithographic printer, and was
competent to undertake anything relating to lithography.
Fabian was the person who spoke to him most. That
prisoner said he wanted some impressions to be worked
from plates which he had, anti ho wanted them to be
worked under his own eye. Witness intimated that of
course they would want an experienced p:rson to litho-
graph. Fabian said No, they laid their own plans.
The other gentleman, who was lying on a sofa smoking
a cigar, said but little. -Witness did not recognise him
in the justice room. They said they wished the work
done there, and witness told them if the work was of
such consequence they could have a room in his house,
and they would keep the key, and he would forfeit 50/.
as compensation if anything was injured or touched. He
was induced to make the proposition because they ap-
peared to consider the matter to be of great consequence,
and that not one was to be parted with or seen. They
stated that they wished the work to be done while they
were personally present, and each would be worth ha
They asked what the expense might be, to which witness
replied, that he did not really know, but that his time
was valuable, and he expected an adequate recompense,
and 'they then said that the expense did not signify.
They added that they were glad the suggestion had been
made as to the room with the press in it, and they
promised to call next morning, but they did not keep
their word.
Mr. Ballantine (pointing to the forged scrip) —ls that
lithographic printing ? Witness—l cannot say whether
it is or not. My impression is that it is not letter-press,
but it is from stone or a zinc plate.
Alderman Gtnns—l should have supposed it was
letter-press. Witness—l do not think it is.
Mr. Clarkson said he should next produce a witness,
who would testify as to a transaction in Buckingham-
, shire shares, with Faulkner only.
Mr. John Benton, speculator or jobber in railway
shares, stated that he knew Faulkner, and received from
him 250 Buckinghamshire, &c. scrip, in February or
March, to raise a certain sum of meney upon. He could
not say whether Fabian was present at the time, but he
thought it was from Faulkner's hand ho received the
scrip. He had no doubt, whatever, that he received it
from Faulkner. - It must have been some days previously
to the 17th of Mareh. (Witness here specified the num-
bers of the 250 scrip stated in this case to be forged.)
He parted with the scrip to Mr. John Henry Morgan,
he thought, on the same day. He raised, he thought,
2501. upon it, and paid that sum to Faulkner and Fabian.
One receipt he received from Faulkner, and the other
From Faulkner and Fabian's clerk, each of whom acted
in the transaction. He was nearly sure that he paid
1501. to Faulkner; and, he believed, the receipt pro-
duced, was in Faulkner's hand-writing.
Mr. John Henry Morgan stated that he was a share-
jobber. He received 250 shares from Mr. Benton on
the 13th of March, and he sold them the same day to
two different stockbrokers. He paid the money he re-
ceived also on the same day.
Mr. Thomas Green, share agent, of No. 16, Old Broad-
street. a partner in the house of Jones, Cook,,and Green,
stated, on the 13th March he received 150-shares from
Mr. Morgan for sale, after the Stock E d
xchanzeuctllngd
closed. Ho paid for 100 of those shares,
commission, 147/. 10s. to Mr. Morgan in Bank notes,
..
and soon afterwards he paid to him for tha other 50
shares, 73/. 155., deducting commission. The scrip was
delivered over to Mr. Dimond.
Here the witness submitted that perhaps the evidence
into which the examination was caleulatod to lead him
would be prejtvlivial to his firm in an action depending
between Mr. La,mond and them for a considerable
amount. He thought that probably he might be making
out the case of the adverse party, but if public justice
required it, he should not hesitate to proceed with his
testimony.
Mr. Clarkson here called Mr. Henry Martin, clerk to
Mr. Solomons, the prosecutor.
This witness stated in substance what was deposed
by Mr. Solomons on the first examination, relative to
the introduction of Mr. Fabian to him by Mr. Richards,
for the purpose of borrowing money on the Bucking:
inghamshire scrip. Mr. Richards, he said, was praising
the Buckingham scrip during the whole period- of the
negotiation, and so was Mr. Fabian, but not so much as
41441:46 Pr§i_o it. 4914 029 1T11919 cog No 'e

duct, witness believed him to be a gentleman wholly
gonnected with business or jobbing. It was ultimately
agreed that Mr. Solomons should cash his own cheque
for 4801. upon the scrip which Fabian brought to him.
After the production of some confirmatory evidence,
Mr, Clarkson stated that he should apply for the com-
mittal of the prisoner on Thursday next.
Mr. Ballantine submitted the offences charged against
the prisoners were not offences under any Act of Par-
liament. The evidence went to impute only a misde-
meanour at common law,or a misdemeanour of some other
kind. The magistrate was therefore bound to accept
bail for their appearance to take their trial on
that charge. That was the only request he had to make
on the 'a-rt of his clients, and he applied for it, not as a
favour, but as a right.
Mr. Clarkson hoped the magistrate would not come
to any decision of the sort, but send the prisoners for
trial for felony. He could show dealings of the kind he
had described to the amount, not merely of hundreds,
but of many thousands. The question whether the scrip
nongtituted a valzable security was not to be determined
there.
Alderman GiftliN said he should remand the prisoners
until Thursday, in order that the depositions might be
fairly made out, and that he should then commit them
for trial at the next sessions of the Central Criminal
CLAIM

POISONING IN NORFOLK.
THE CORONER'S INQUIRY RESUMED.

HAPPISBURGII, MofWt AfORNING.—In consequence
of the disclesuns that have been made in the course of
the private inquiry instituted by the Secretary of State,
J. Pilgrim, Esq , one of the coroners for Norfolk,
opened another investigation this day at East Ruston,
a village three miles distant, oil the bodies of other
persons related to the deceased Jonathan Balls, who are
supposed to have died from the effects of poison admi-
nest( red by him.
The ernpannelling of another jury to inquire into this
appalling affair is understood to be the result of
very important communications from the Government
officers to the coroner, the result of their in-
quiries having led to considerable suspicion as
to other deaths in the family of Jonathan
Bills. By the list handed to the coroner, by the
officers, of the suspected victims, we find, in addition to
the per,,ong whose deaths were inquired into at the
former inquest, that of Anna Peggs, a grandchild, who
died on the 7th of June, 1939. in her eighth year, and
was buried at Ingham Chapel, In the neighbourhood.
From some unexplained circumstances It was exhumed
about three weeks after it bad been interred, and Mr.
Pilgrim held an inquest upon the body ; but the sur-
geon considering that it had died from fever, a verdict of
natural di ath was returned. The next on the list is
Maria Green, daughter of Mrs. Green (another daughter
of Jonathan Balls). It was fifty en months old, died on
the 25th of December, 1836 ; William Green, also a
grandchild, aged two years, died on the 31st of October,
1841 ; lastly, Marthit Green, of the same family. She
died when fifteen months old, after visiting old Balls'
house, and was buried with the others in East Ruston
church -yard.
At nine o'cloek the jury, composed of the principal
gentry in the neighbourhood, met Mr. Pilgrim, the
county coroner, at the public inn, East Ruston, and after
the usual formalities were sworn, the bodies of the
three children named Green, which had that morning
been disinterred, being viewed by them, were handed
over to the medical gentlemen for examination, but
oaring to the early hour the report was forced to be dis-
patched the result cannot be stated.
It was the determination of the coroner, at the con-
clusion of the evidence in these eases, to proceed to
Ingham, and there enter into another inquiry on Mrs.
Pegg's children, which are directed to be exhumed, and
to undergo a post mortem examination.
In reference to the death_of the deceased Jonathan
Balls' parents, who are suspected of having been poi-
soned, from the circumstance of its being recollected
that they were attacked in a similar way as the children,
little beyond that has been ascertained. They have been
dead about twenty-two years; and it seems the informa-
tion received by the officials is of such a description as
to prevent their placiug much reliance upon it.
The inquest was expected to occupy several days.

CHARGE OF :fiURDER, AT THE
THAMES POLICE-COURT.
Yesterday, Benjamin Gibbins, a mild-looking man, a
labourer, was brought before Mr. Broderip, charged with
the wilful murder of a woman named Jane Sloman,
otherwise Gibbins, with whom he had lived for some
time in a state of concubinage. The ease excited great
interest from a rumour that was spread, and which bears
with it an air of probability, that the life of the unfor-
tunate deceased was sacrificed by some parties engaged
in carrying on illicit distillation, in the hoase where she
met with her death, in consequence of her having threat-
ened to give information to the Excise. It appears there
was a still at work in the tenement for some time, and
that it was hastily removed on Monday night, about the
time the woman met with her death.
Edward Wanderer Townson, police-sergeant No. 8 K,
an oflicer of great intelligence and activity, stated that
at half-past eight that morning, he was sent for to the
house, No. 6, Labour-in-vain-street, Shadwell Market,
the residence of the prisoner. On arriving there, he
went up stairs, and found a woman in the front room, a
corpse, and Dr. Ross examining the body. Dr. Ross
e dled Us attention to a wound on the back part of the
head, and also to three wounds on the right side of the
face. At the same time, the medical gentleman ex-
pressed an opinion that the case was a very suspicious
one. Shortly afterwards the prisoner came in. He asked
him, in presence of Dr. Ross, what time he came
home ? The prisoner replied that he returned to his
home about seven o'clock, and found the deceased lying
dead in the passage, at the foot of the stairs, with her
head towards the door. Witness then observed a mat,
folded up in the form of a pillow, which Dr. Ross said,
in the presence of the prisoner, was in the same state,
and under the deceased's head when he was called into
the house. There was a large stain of blood on it. Dr.
Ross also called the attention of witness to some blood
spattered upon the wall in the passage. There were
also scratches on the wall as if the nails of some
human hand had been scratching the wall. Witness also
observed a spot of blood on the second stair from the
passage, which appeared to have been smeared with the
finger. On questioning the prisoner he stated that he
was employed at Stepney fair during the whole of Mon-
day, in turning the wheel of a machine called an up and-
down, with cars in the shape of boats, and that the de-
ceased came to him at five o'clock on Monday evening,
and then appeared halt drunk; that he came home about
One o'clock in the morning, and knocked at the door for
some considerable time, and could obtain no admittance,
but that he heard a noise inside ; that he then went
away, and went to a coffee-shop opposite Shadwell
"Church, where he remained until four o'clock ; went
from there to the Duke of York public-house in the
Hign-street, Shadwell, and stayed there till he went
hone at seven o'clock. The prisoner also stated that lie
was again unable t) obtain admission to his dwelling,
and borrowed a ladder of his next-door neighbour, and
entered the house by a back win low; that he went down
stairs and found the body of the woman lying as before
described, and that on opening the street door some
Women came in and said she was dead. Witness asked
the prisoner if he had touched the body ; and he replied
that he had merely lifted the feet. Witness then on-
Served some marks of blood on the prisoner's hands, and
asked him how he accounted for it ? The prisoner said
he had cut his hand on Monday, and it bled a good deal.
Mr. Broderip—Did you examine his hand?
Townson—Yes, I did.
Mr. Broderip—Was there a wound upon it?
Townson—Not a fresh wound, Sir. After T had
looked at his hands I observed large spots of blood on
the left arm of his jacket, and I asked him how he ac-
counted for them. He said he did not know, and I also
observed several other marks of blood about the inside
of the jacket, next the pocket, and also several spots of
blood on his waistcoat. I afterwards told him I should
take him to the station-house, and he said the blood on
his clothes was caused by his lifting the head of the
deceased. I searched the house, but did not find any
instrument likely to have caused the wound on the back
part of the head. I shculd say there was a large
spot of blood on the thigh of the trousers the man now
has on.
Mr. Daniel Ross, surgeon, of High-street, Shadwell,
was called to the deceased a little after 7 o'clock that
morning, He found the deceased lying in the passage
of her dwelling, with her head supported by a roll of
matting made into a sort of pillow. The head was
towards the street-door, and the feet at the foot of the
stairs. About two or three feet above the body there
were two or three patches of coagulated blood on the
wall facing the staircase. On either side of the patches
of blood there were marks of scratches on the walln
After describing some other marks, which was merely a
repetition of Townson's evidence, he said he bad the
body very carefully removed up stairs into the front
room. His attention was first called to a wound at the
back of the head, and afterwards to five marks or disco-
lourations of the skin on the right of the face. The
wound on the back of the head was a jagged or lacerated
wound, and somewhat triangular.
Mr. Broderip--Can you tell whether it was done by
any instrument or not?
Mr. Ross—The wound was inflicted by
re bbyaa launndt nst
couldr u -
men
projectingt , or
au by hrefracfea. illinghae bone
a
t vas
laid
pass my finger above the
luiprpiier, part of it about an inch.
e blunt instrument or
(g-board in the pasbsuagtew,atso
alsceaerretafuinllyifobtsbeerryeedwtahseany
twhereont lying. There er e
fl
() hador
,
unable to detect either. s lbslu'besdegeurehnatilry there, was
the
staeierns wsohmeree thenne bvieidmyitiisngno
-
raouod themu
evidently b
effluvia
of rum was very powerful. I then en
tered a small room on the ground floor, the door of
which opened close to the head of the deceased where
she was first seen. The effluvia from liquor was very
ppwerful there. He should say it was whisky, and the
it
sheen
and o.
passedflo or o
through
the apartment ptaor tam
smallent w
backa s
h
flooded
room, where
t)oe
withfloor
i he
vered the remains of a still,oft. lie
that d
apart-
ment was also flooded with strong spirits like whisky.
The still was gone, but a quantity of strong wash in
tubs and the utensils were lying about. The brickwork
in which the still had been imbedded was quite hot. He
had no doubt the still had been hastily removed, and the
liquor allowed to be wasted over the:floor. The win-
dow of the still room w•as down, but unfastened ; it
might very easily have been thrown up from the outside.
He had been ordered by: the Coroner, Mr. Baker, to
make a post mortem examination of the body, and until
he had done so he could not state positively the cause of
death.
Mr. Lindley, the Clerk, asked if the deceased appeared
to have been drinking ? Mr. Ross Yes-; she smelt
very strongly of liquor. "• •
Inspector Valentine, of the K divisltin, said he had no
further evidence to offer at present, but if the case was
remanded he should ba able to_ brig foryearel_several
witnesses,*rand most probably*triee the parties who had
worked ;144 xeurned the egg,

The prisoner oil being called on for his defence made t
a very long statement,- and said he left home at six
o'clock on Monday morning and did not enter his dwell-
ing again till seven o'clock next morning, when be
effected an entrance by means of a ladder raised against
the back of his house, and obtained admission by the
first-floor window. He was engaged during the whole
of Monday in fitting out an up and-down, near Womb-
well's menagerie in Stepney Fair, and turning the crank.
The deceased and her mother visited the fair during the
day, and he put them into one of the boats of the up-
and-down he was attending. At five o'clock the same
afternoon, he saw Jane Sloman in the fair again, and
she was then the worse for liquor. Ho begged her to.
.go home, and not distract his attention from the work ,
he was upon, as he was fearful of receiving an injury
from the crank he was turning. The prisoner then
went on to state very circumstantially, that he finished
his work at twelve o'clock on Monday night, and
that after obtaining some refreshment he went home,
and knocked at the door, and no one answered-
He made several ineffectual attempts to enter the
house, and the neighbours saw and heard him knock-
ing at the door. The first time he knocked at the door
was between one and two o'clock, and the neighbours
said, " Who's there?" He told them he was very tired,
and should obtain a lodging elsewhere, and as be was :
leaving the spot, the neighbours exclaimed, " My GA, ;
she has fallen down stairs." After visiting several
coffee-shops and public-houses he finally grit in at the •
window by means of a ladder. He went down stairs,
an i saw the body lying at the foot of the staircase. He
opsned the door and the neighbours entered. At the
desire of the neighbours he raised her head, and rested
it on his lap, and the bystanders said she was dead. He
immediately proceeded to the deceased's mother, and in-
formed her her daughter was dead. The prisoner,
although very minute and circumstantial in detailing the
places he had called at, and the refreshment he bad
swallowed, did not account very satisfactorily for his
time between twelve and half-past one o'clock, the time
he first reached home; nor did he give any explanation
of the circumstance he mentioned, that the neighboors
told him the woman had fallen down stairs, of whichs
according to his own showing, he took, no notice.
Mr. Broderip, on the conclusion of the prisoner's.
statement, said it was his duty to remand him till to-
morrow (Thursday), and he was forthwith sent away is
the van to Westminster Brick-well.