The Sun.
London, England, 1846-10-29 00:00:00

CENTRAL CRIMINAL COURT,
OLD COURT.

The Lord Mayor, the Lord Chief Baron, Mr. Justice
Erle, the Lord Mayor Elect, and Mr. Sheriff Kennaird
wok their seats ow the bench shortly after ten o'clock.
ENDEAVOURING TO EXTORT MONEY FROM MR. PRO
true.noE, M.P.--A smartly-dressed young man, named
James IVewbery, aged 24, described as a groom, was
charged with sending letters to Mr. Protheroe, M.P.,
threatening to charge him with a horrible crime, with
the view of thereby extorting money from him.
Mr. BODKIN stated the ease to the jury, and instanced
such threats as most dangerous, and unless cimmen-
surately punished. as likely to undermine society. The
law awarded a high punishment for such an olence—so
high that, from the pertinacity which the prisoner exhi-
bited in his threats, it was possible he might have
been in ignorance of the serious punishment to
which he was rendering himself amenable. Mr.
.Protheroe represented Halifax in Parliament, and
he was both active and zealous in the discharge of his
public duties. He was a bachelor, and kept no regular
establishment in London, being iii the habit during the
London season of occupying a furnished house—his re-
sidence being in Dorsetshire. He made an arrangement
with a servant who had been in the service of members
of his family for about 21 years, who was about to
marry and occupy a house, that some rooms in his
hous-, which was situated in the neighbourhood of
Chester-square, should be reserved for his (Mr. Prothe-
roe's) use, when he was occasionally called to Lonlon
either by business or pleasure, during the recess, and
while he was not occupying a furnishe house. In the
October part of the autumn of 1845, Mr. P. went abroal,
and returned early in the month of November. He
found it then necessary to dispatch his own servant to
Dorsetshire to take possession of a house which he
(Mr. P.) had become possessed of by the death of a rela-
tion. Having to make some visits to Cheltenham,
Exeter, and subsequently to Dorsetshire, where his cos n
servant was to join him, and wanting a servant for a
short period, he engaged the prisoner to accompany him
in the capacity of a valet during these visits. He was
hired by what was termed "the job," and during the
time Mr Protheroe was paying a visit to his aunt and
other relations the prisoner attended him, during which
time he gave great satisfaction, and behaved himself ex-
tremely well. After remaining in his service for a
period of two months, he was discharged, after being
liberally paid for his services. He was dismissed
in the month of January, and as Mr. Protheroe con-
sidered him a very clever servant, he offered to do all he
could to obtain another situation for the prisoner. From
the month of January until Easter, Mr. Pro..heroe heard
nothing of the prisoner. It seemed he was acquainted
with the porter of the Travellers' Club, of which Mr.
Protheroe was a member, as well as of Brooke's and
other clubs in the metropolis. The prisoner mentioned
to this man that he had been in the service of Mr.
Protheroe as a groom, and also that he had hoped Mr.
Protheroe would have obtained a permanent situation
for him. The porter mentioned the circumstance to Mr.
Protheroe, and expressed a wish that the prisoner might
obtain respectable employment, to which Mr. Protheroe
said he might be referred to with respect to the man's
character whilst he was in his service. So matters re
mained until Easter, when Mr. Protheroe received several
notes from theprisoner, in which he stated that he had not
succeeded in getting employment, and applied for the
loan of some money; but he treated those letters like
others which he was not unfrequently in the habit of
receiving, and they were destroyed as soon as read. He
(Mr. Bodkin) ought here to state, that from the time
prisoner was discharged until the time he was taken
into custody, Mr. Protheroe did not give him anything
in the shape of money. These applications were re-
peated two or three times. At last the man was in the
habit of going to the Travellers' Club-house, and
leaving notes for Mr. Protheroe, and, consequently, his
visits became a source of considerable annoyance ; but,
nevertheless, there was nothing in the nature of these
repeated applications to lead him to believe
that it was the intention of the prisoner to
bring such a charge against him. In July or
August the prisoner called upon Mr. Protheroe, who
remonstrated with him for sending the notes. The man
said he had been unsuccessful in getting employment,
and asked for a written character, which he might use
during the absence of that gentleman from London. Mr.
Protheroe complied with his wish, and it was left for the
prisoner at the Travellers' Club ; it stated that he was
a clever servant, and likely to be of service to any one
who required such a servant. Soon after, Mr. Protheroe
received from the Travellers' Club a letter, which had
been left there for him by the prisoner. It reached Mr.
Protheroe soon after it was left, and it was that letter
upon which the charge set forth in the indictment was
found. It was to the following effect:—

" Sept. 4th, 1846.
" Sir,—l feel very much disappointed at not having
obtained the place with Sir George Hamilton—[lt was
right to explain that when the prisoner called upon Mr.
Protheroe for the character referred to, he asked Mr.
Protheroe to obtain him a situation with Sir George
Hamilton as coachman, he being under the impression
that he had the appointment of Sir George Hamilton's
servants, which was not the case; the only ground for
the supposition being that Mr. Protheroe looked after
some horses which Sir George had left in this country
when he went abroad. Mr. Protheroe disabused his mind
of the impression. The letter went on:—] After you had
promised me, and after what has passed between you and
me, I thought you would have got me the place. I shall
go to the clubs you belong; to, and tell what you are,
which I can prove. I shall likewise let your father and
mother know what you are, and likewise the public ;
,ucl if you do not do something for me, I shall acquaint
a lawyer of it. You know very well what you v, anted
me to do to you ; and it is right the public should know
who are those persons. You said that if I left my mis-
tress you would do something for me. You have
driven me to do what I have done ; for you have aeted
very unhandsome to me. I can return to you ; and if
you do not answer by return of post, I shall tell the
committees of the clubs to which you belong;, and if you
like to vindicate yourself I am to be found. My name
is James Newbery, Mr. Collins's, Mason's-yard, Duke-
street, St. James's. Certainly, I shall disgrace you."
Now this letter was of a very mysterious nature, as it
did not state in what way the writer intended to dis-
grace the party, or what were the nature of the acts
which he threatened to expose, unl2ss something was
done to induce him to depart from his pur
pose. But it was permitted by law in offences
of this sort, and in others, where the threats were
indefinite, that evidence might be adduced to explain
definiteively to what they had reference, because an
artful against an innocent
person, man might bring a charge
which night frighten him to comply with his
demands, although the charge was not made in any
specific terms—therefore evidence was permitted to be
adduced to destroy that which was ambigious, and con-
sequently what in this case the prisoner meant by what
he wrote. Another letter was subsequently written.
Upon the receipt of such a letter as the one to which he
now referred—and they who were in the habit of
meeting with cases of this sort in Courts of
Criminal Justice not unfrequently knew the
meaning of such threats—Mr. Protheroe adopted
that course which was open to Wm to pursue,
made,
stotrehth charges purpose of prosecutirg
t person namely, to bring the case before a court of justice, to
'ai
es against Mtn ; and
those who made such charges could not be ignorant of
the terror which a guilty man must feel, and also the
terror which an innocent man must feel at being held up
ltmn the
whoaid ;:afd them law for
in such an investigation as must necessarily ensue if the
case was brought before the public
; for in either case it
was possible that the fear of having such a charge made
in publ against one, whether innocent cr
guilty, would operate to such an extent as
co induce compliance with the threats held
out. Mr. Protheroe wrote a letter in reply to the ad-
dress which the prisoner had given, and it was found in
his pocket when he was taken into custody. The letter
of Mr. Protheroe stated that some one had written to
him (sir. Protheroe) in the name of James Newbery,
and expressing his disinclination to believe that it was
really written with his knowledge or consent. Probably,
it went on to say, it was written with the view to obtam
transportatiou or imprisonment, but if this were so the
wish of the writer would not be gratified, as it was Mr.
Protheroe's intention to treat all such letters with the
greatest indifference. He could not believe that it was
written be Newbery, because he could have no motive
for such an act, and concluded by intimating that the
offence of endeavouring to extort money by threatening
letters wts punishacle by transportation.
Prisoner—There is something else.
Mr. BODEIN said there was a postscript, which stated,
" Mr. Protheroe has mentioned to James Newbery that
letters should be sent to his house and not to the
" Travellers' Club." There could be no question that it
was extremely insolent in the prisoner to send letters to
the Travellers' Club. It was no annoyance to have
letters left at a club, but some time occasionly elapsed.
before they reached those for whom they were intended,
they were not unfrequently lost. On the same'day
the prisoner presented himself at the residence of Mr.
Protheroe, who saw him, and inquired if he had sent
the letter. He replied that he was the person. Mr. Pro-
theroe said it was it threatening letter. The prisoner
said he knew it was; and Mr. Protheroe said that he had
a copy of the letter which he (Mr. Protheroe) had sent
to him. The prisoner then said that he was not then in
prosperity, and that there was no one to give him a
guinea. Mr. Protheroe understood the hint, but did not
give the prisoner any money. This took place on the
sth of September, and on the following day Mr. Pro-
theroe left town, but
just as he was leaving, when lie
was in the railway carriage, another letter was brought
to him by his servant, dated the sth of September. It
was to the following
effect
Sir,—l have now done what I stated to you I should
do—that is, I wrote to one of the committee, Captain
erkeley, and ti ld him my
Grenville B address, if he
wishes to see me to state furt • her particulars.—Your
obedient servant. « J. NEWBEIIY."
Mr. Protheroe started for the country,. and on his return
on the 15th lie found a letter from a friend named Long,
a gentleman of high character, and nephew of the Earl
of Devon. It enclosed a letter which the prisoner had
addressed to Peregrine Courtney, a member of the
managing committee of the Travellers' Club, to which he
wished to call the particul it attention of the jury:—
" TO THE GENTLEMEN OF THE TRAVELLERS' CLUB.
" I wish to inform you that E. D. Protheroe is guilty
of that crime which is forbidden by God and man!
I only consider it new duty to let the members know
about what sort of a :nail he is for the short time I was
with him. I have convincing proof of E. D. Protheroe,
acts. It is well known that the steward of another
club lost his place for accusing him of an unnatural of-
fence, of which I can prove he was guilty. I sent him a
letter on Tuesday containing what is now stated in this
1 etter. I hope gentlemen of the club will take into con-
eieeration what sort of company they are in. If E. D.
Pla ttheroe wishes to take me up be knows where I
ant to be found.—I remain, gentlemen, your obedient ser-
ver it, JAMES NEWBERY.
• " Mason's-yard, Duke-street, St. James's."
t Mr, Courtney receiving this- letter, he enclosed it