The Sun.
London, England, 1846-08-06 00:00:00

LAW IN TELLIGEN CE.

JUDGES' CHAMBERS, SERGEANTS' INN,
August 5.
(Before the LORD CHIEF BARON.)

COMMITTAL GF MR. RICHARD DUNN, 211 E BARRISTER, TO

NEWG ATE.

Mr. Richard Dunn, the barrister, was brought up in the
custody of Inspector Shackell, and Sergeants Langley and
Shaw, of the detective police, before the Lord Chief Baron at
chambers, on a warrant which had had been issued by Mr.
Justice Patteson.
It will be recollected that in the course of the session held
at the Central Criminal Court in June last, Miss Burdett
Coutts and some of the other partners of the banking-house
of Coutts and Co. preferred a bill before the grand jury
against Mr. Richard Dunn, for wilful and corrupt perjury,
the defendant having gone and attempted to sue out a
fiat of bankruptcy before Mr. Commissioner Holroyd
against Miss Burdett Coutts, alleging that she had given
him the authority to draw on the banking-house for
100,0004, and that she had committed an act of bankruptcy.
After a true bill had been found, an application was
made to Mr. Justice Patteson for a warrant for the appre-
hension of the defendant, which was granted ; five days after
the defendant applied fin• a writ of certiorari, to remove
the indictment from the Central Criminal Court to the
Queen's Bench, which was ultimately granted, the de-
fendant being directed to enter into his own recognisance
of 200/. and two housekeepers in COL each. Some weeks,
however, elapsing, and Mr. R. Dunn not complying with
the terms, the warrant was given to Inspector Shackell to
execute, and on Tuesday evening Shacked, with the aid of
Langley and Shaw, succeeding in taking the defendant into
custody, at his residence, in New-street, Covent-garden. At
first the learned gentleman exhibited a great deal of re-
sistance, threatening to blow the officers' brains out, but
after a little while he became more quiet, and walked with
them to the Bow-street station of police, where he was
locked up for the night, and from whence he was removed
to Sergeants' Inn.
Upon the case being called on before his Lordship,
Mr. JAHN IN, from the office of a Mr. Humphreys, the soli-
citor to the prosecution, said he had to apply to his Lordship
to commit Mr. Richard Dunn to Newgate, for not having
complied with the terms of the order of Mr. Justice Patte-
son, that of attempting to enter into bail without giving the
necessary notice to the prosecutor.
Mr. Dunn said that he was not bound to give any notice
of bail, as the writ of certiorari completely superseded the
warrant, and he then proceeded at great length to re-argue
the case, and said he was prepared, by affidavit, to support
the facts. He would now read the affidavit.
The LORD CHIEF BARON declined to hear the affidavit read.
The simple question before him was his non-compliance
with the writ and the warrant, and he had no other
alternative but to commit the defendant if the prosecutor
pressed it.
Mr. JARMAN said that every lenity had been exercisd to-
wards Mr. Dunn, but as it appeared that he was trying to
take advantage of their forbearance, it was necessary to en-
force the warrant.

Mr. Dunn denied taking any advantage:. The fact was,
everything that could be done to prosecute him was daily
called into action ; that whenever he got bail the prosecutor
took care to alarm them, and the consequence was, he had
been prevented from obtaining bail ; and as the 8 and 9 W. 111.,
cap. 33, declared that in all cases of writs of certiorari there
was no occasion to give notice of bail, he was determined to
act upon his right.
The LORD CIIIEF BARON doubted the construction of the
clause as put upon it by ➢lr. Dunn; but said he would send
for the Clerk of the Crown Office, and consult him on the
point.
The further proceedings were accordingly adjourned for the
attendance of the Clerk of the Crown Office, and when the
case was again called on,
The Loin:. CHIEF BARON said that he found that Mr. Dunn
was right, and if he had his bail in attendance he would
take the required recognisances at once.
Mr. Hetherington, a member of the Irish bar, of South-
; place, South-square, Gray's Inn, then presented himself as
one of the bail tbr Mr. Durin.
Mr. JARMAN cross-examined the Learned Gentleman as
to the length of his residence at the above place, which ap-
peared to be about four months.
Mr. Dunn said that was sufficient.

Mr. JARMAN contended that the law required that the
person who offered himself as bail should have resided for
twelve months, and paid the parochial and assessed taxes.
The Loan CHIEF BARON overruled th© objection, and said
he should accept Mr. Hetherington as one of the bail.
Mr. Kempler, of the Borough, then offered himself, and
was objected to on the ground that he was not a house-
keeper.
Tne LORD CHIEF BARON said the objection was fatal.
Mr. Dunn then wanted to have his own recognisances in-
creased from 2001. to 5001, and to have but one surety.
The LORD CHIEF BARON said he could not alter the terms
which had been laid down ; and if the application was
pressed, he had no alternative but to convict.
Mr. JARMAN said he was instructed to press for the com-
mittal of Mr. Dunn.

The LoRD CHIEF BARON then signed the warrant for Mr.
Dunn 's committal, saying, at the same time, if in case he
could get another surety by to-morrow, he would take his
bail, and send down his discharge.
Mr. Dunn said that his committal was illegal, and he
would not let the matter rest here..
He was then handed over to the custody of the cflicers
who had apprehended him, when he was conveyed to New
gate, and delivered into the custody of Mr. Cope, the go-
vernor. Mr. Dunn, while waiting to get his own recog-
nisances in the outer office, declared that he would get his
case brought before the House of Commons, although he
might not be more than a day in Newgate.