The Sun.
London, England, 1846-02-27 00:00:00

SECONDARIES.-(THIS DAY.)

(Before Mr. Secondary POTTER.)
RENWKLE. V. PTY.
The plaintiff in this action is a carpenter, and the defendant a
banker at Kensington. The action was brought to recover the sum of
61. 55., for work done for the defendant.
The payment of 2/.105. on account was admitted, and the defendant
had paid 21. 10s. into Court. The defence was, that the plaintiff had
overcharged for the work. The evidence was very conflictory.
On the part of the plaintiff it was shown that the plaintiff had been
engaged in various repairs of the counter, &c.. and charged for the
work by the day. and also materials, and it was sworn that the bill
was fair and reasonable.
For the defendant two surveyors and builders were called. They
were both of opinion that in such a job the charge should be en mea-
surement, and not by time—the first estimated the fair charges at
41. 155., and the other at 51. Is. 11 d.
Mr. TnoxAS, for the defendant, contended that there was no bind-
ing rule as to the mode of charging, and did not consider the jury
would take such a close calculation as the last witness had made,
when the difference was so small between the sum allowed and
that paid.
The SECONDARY said it was entirely a question for the jury.
The jury gave a verdict for the plaintiff.
This was the only case tried this morning.

CRIMINAL COURT.-(THIS DAY

OLD COURT.
(Before Mr. Baron PAa and Mr. Jnatice Maya.)

LOW., Phillips, 27. was charged with feloniously forging an accept-
ance to a bill of exchange for 971., with intent to defraud Lyon
Michael. There were five other charges, but only three were pre-
ferred.

The prisoner pleaded Guilty. He was recommended by the pro-
secutor to the consideration of the Court Witnesses were also called
to character.

Mr. Baron Pam, in passing sentence, said that the offence was so
serious, that it must be marked by the displeasure of the Court, and
the sentence would therefore be that he be transported for the term
of ten years.

Richcird Hickinotl WAS indicted for stealing eight silver forks, value
81., the property of Nicholas Westley.
The prisoner was proved to have pawned two of the forks stolen.

Sentenced to twelve months' imprisonment, with hard labour, the
last fortnight to be kept in solitary confinement.
Edward Bryant Garey, aged 51, a solicitor, was indicted for felo-
niously forging and uttering a certan Instrument purporting to be an
office copy of a certificate of the Accountant-General of the Court of
Chancery, for the sum of 2,5961. 175., with intent to defraud.
The Attorney-General, Mr. Bodkin, Mr. Waddington. and Mr.
Clerk attended to prosecete, and Mr. M. Chambers, Q.C., with Mr.
Parry, appeared for the defence.

The ATTORNEY-GENERAL OAned the case by referring to the
statute of George 1., which referred to this species of offence, and he
then stated in detail the circumstances of the case, which may be per-
haps better understood from the evidence of the witnesses.
John Hayward, clerk to the solicitor of the Accountant-General's-
office, examined by Mr. 130DICIN—Produced a document marked E,
an office copy of the Lord Chancellor's order in the case of the Rev.
Edward Franks.

The document was read at length by the clerk, and contained an
order to pay the sum of 2,5961. 17s. into the Bank of England to the
credit of the Accountant-General of the Court of Chancery.
Thomas Jones Bellamy examined by Sir. W.AnntNoTox—Resided
at Brighton. Was trustee in the affairs of Mr. Banks, a lunatic.
Mr. Foster was a co-trustee. He knew the prisoner, Mr. Garey,
who was concerned for the young the parties beneficially
luterated. MI they 6110 employ RIM espouse. 14 the

month of June last witness received ithe letter produced from the
prisoner. An corder had been made directing himself and co-
trustee to pay in certain sums to the Bank of England in the name of
the Accountant-General. He received three cheques to have his sig-
nature affixed, one of the cheques being for the sum mentioned in the
indictment. lie signed the cheque, and crossed it "Bank of Eng-
land, to account of the Accountant-General." That appeared to be
struck out, and " Goslings and Co." substituted instead. After signing
the cheque he transmitted it to Mr. Foster. He afterwards received
aletter from the prisoner, dated Jan. 17, stating that he had paid
the cheques into the Bank of England, and inclosing receipts alleged
to be signed by W. R. West, one of the cashiers of the Bank, for the
Bank and the Accountant-General. On the 20th February, witness
and co-trustees called at the office of the Accountant-General's,
and made inquiry into the matter. The money was afterwards paid
by witness to the Accountant-General.

Cross-examined by Mr. MONTAGUE CHAMBERS—A Mr. Tristran
was employed as a solicitor in part of these transactions. Tills costs
were 4001. A commission of lunacy was taken out on Mr. Finks in
1825, but his insanity from the year 1816 was so manifest, that any
deeds of his after that period were void. By a settlement of
1806 the deceased had willed certain sums to the younger children,
which the heir-at-law disputed. Mr. Garey then undertook the
cause, and received the money which had been so settled upon them.
He did not know whether Mr. Garey had advanced his own money
for the purposes of the suit, but as the matter was very involved the
expenses must have been very heavy. He (witness) paid the pri-
soner some 2001., but the costs must have been greatly above this
amount. The costs, he, believed, were as high as 2,0001.
Charles James Foster, a barrister, and co-trnstee with Mr. Bel-
amy, examined by Mr. CLARK —Had affixed his name to a cheque
for 2,5961. 17s. The words "Goslings and Co." were not upon it
then. The cheque was afterwards taken to Mr. Carey's. In De-
cember last he received a communication from Mr. Bellamy, and ''fn
consequence he saw the prisoner at Southampton-buildings, in his
office. He asked him if he had the receipts, and he said he would
have them in a day or two. He could not recollect the words .which
passed between them, but the impression was that Mr. Garey had
paid the money. Some time after he accompanied Mr. Bellamy to
the Accountant-General, and in this month he went to the Bank of
England, and with Mr. Bellamy paid the money over again.
John H. H. Tristran handed the cheque so often referred to to
Mr. Garey. It had not then the words " Goslings and Co." on it. It
was creased to the Bank of England. When he asked for
the receipts, the prisoner said that they were at the Accountant-
General's office, and on subsequent occasions he said that he had
not had time to send for thorn. _ _

Mr. Strange, cashier in the banking. house of Goslings and Co.,
proved having received the cheque in question from the prisoner.
A clerk, from Messrs. Coutts and Co., spoke to the fact of the
cheque having been brought to their house, and duly honoured on
presentation.
Alfred Kinns—Was a writing-clerk in the prisoner's (Ace last No-
♦ember. He entered the prisoner's service on the 10th of November
last, and left on the 24th of January following. The document
now produced, purporting to be a receipt from the Bank of England
for the cheque paid into Gosling and Co., is in my hand-writing. He
wrote it on the 17th of January, at the desire of the
prisoner. The piece of paper on which he wrote was brought
to him by Mr. Garey. Upon giving it to him he desired
him not to spoil it as it was folded in a particular manner.
The prisoner also brought a piece of paper which was to serve as a
copy for the alleged forged certificate. This copy was in the hand-
writing of Mr. Garey. .

Inspector Haynes examined by the ATTORNEY-GENERAL—He had
apprehended the prisoner. The only papers he took possession of were
those which were found on his person, Finding upon examination
that none of these papers referred to the charge upon which the pri-
soner was taken into custody, he returned them all at the station-
house in Bow-street.

Alfred Kinns recalled—During the time he was writing the
alleged forged certificate the prisoner came from his inner office
several times to give him directions how he should do it.
Samuel Parkinson, clerk In the Accountant-General's office—The
usual course of business was, that the solicitor brought the order,
which was read through by the clerk, to understand the object of it.
In paying money to the credit of the Accountant-General it was
usual first to go to that functionary's office in Chancery-
lane, and there, upon the production of cash or a cheque,
a certificate was given to the solicitor in attendance, which certificate
was handed into the Bank of England with the money. The Bank
gave a receipt upon the money being paid in, and this receipt was
afterwards brought to the Accountant-General's-office, who affixed
his signature, and thus rendered the acknowledgment perfect. The
certificate now produced was not such a one as would be given
under the circumstaces. The Acceuntant-General always received
private information every day of the sums of money paid into the
Bank of England, under orders granted by the Court of Chancery.
From the search which he made In the Record-office, and among the
books kept in the Accountant-General's office, it did net appear that
the sum in question was ever paid by the prisoner. It could not
have been paid in without his knowledge.
[The witness was under examination when our report left, and it
was not expected that the ease would be concluded this evening.]

NEW COURT.
(Before the RECORDER and Alderman W. HunTra.)
John Brasington pleaded guilty to an indictment, charging him with
feloniously stealing a satin dress, value 'Ti. 75., the property of Charles
Wells, his master.
The prisoner, it seems, has returned from transportation within
the last three months, and is considered to be one of the most deter-
mined characters of the present day.
The Learned RECORDER then sentenced the prisoner to be trans-
ported for the term of ten -years.
Joseph Gibson, indicted for bigamy, was placed at the bar, an
pleaded Not Guilty.
Wm. Davidson Day, on apprehending the prisoner, told him he was
charged with bigamy. Prisoner said, in reply, "It will be settled
now, and 1 wish it may be so. My present wife knew, when I mar-
ried her, that I was previously married to another still alive." Day
went down to Kingston-upon-Hull, and found the certificate of the
first marriage.
Mary Ann Jefferson—Knew the first wife of the prisoner. She is
still alive. They were married in 1824, and the prisoner lived with
his wife for three or four years, but during that time had been absent
for one year and ten months. When he returned, he found his wife
far gone in pregnancy, which was the cause of their being separated.
Since that, the first wife had married another man at Dull, and had
been living with him.—(This fact, brought out in cross-examination,
caused a good deal of merriment in Court.)
Eliza Mary Miles, the prosecutor and the second wife, Was called
into the witness-box. She was apparently about sixty years of age,
in the weeds of widowhood, and said she was married to the prisoner
eight years ago, in St. Saviour's, Southwark. Before that time, and
after the death of her former husband, she was supported by her
brothers.
Mr. IV= (for the defence)--Was your son married very recently,
and had some of the furniture in the house given him ? Witness—
Yes.
Mr. WYLD—Was not that the cause of the present prosecution
against the prisoner, because he would not give tip his property ?
The witness hesitated, and seemed unwilling to answer.
The RECORDER—It was that which led to some family broil? Wit-

ness—Yes.
Mr. WYLD —Did you know at the time of your marriage that the
prisoner had another wife ? Witness (very unwillingly)—Yes.
Mr. WYLD —Then why do you raise this prosecution? Witness
(unwillingly)—l did not expect anything unfair.
The Ricoaiii —That is, you wished to have a husband, but to
have the separate and entire control over your property, and this
prosecution is just another way of securing that?
The old lady was dismissed from the witness-box, and the evidence
for the prosecution having been closed, Mr. Wyld was proceeding to
call witnesses to the prisoner's character, when the Recorder re-
marked that he thought that quite unnecessary. If the counsel could
touch the facts he might try it, but in the case before them the Re-
corder thought there was little room for supposing the prisorier had
circumvented aid ensnared beauty and youth. . .

- -
The jury found the prisoner Guilty, and the Court sentenced him
to three months' imprisonment and hard labour, the Learned Re-
corder observing that the sentence proceeded from a regard not to
the first wife or the second wife, but to the interests of society.

BOW-STREET.-(THIS DAY.)

Thomas Jones was charged with lurking about Pall-mall, in female
clothes, and not being able to give a good account of himself. He
was brought into the Court in his disguise, and certainly had the ap-
pearance of a lady.
A policeman of the A division said that he observed the prisoner
loitering about in Pall-mall for about two hours, from one to near
three o'clock this morning, and having some suspicion as to his real
sex he at last went up to him and told him "he thought he was a
man." The prisoner denied it, but he, witness, being convinced that
he was right in his suspicions took him to the station-house, where
ho admitted that he was a man, and said that he had been at a
masquerade, but would not say where.
The prisoner refused to :give any account of himself, or to explain
the motives for assuming the disguise. He said, however, that
Jones was an assumed name, and that his real name was Beasley.
Mr. JARDINE said that he could not force the prisoner to give an
account of himself, but he must form his own opinion as to the
reasons for concealment. The prisoner must find bail to keep the
peace and be of good behaviour for six months.