The Sun.
London, England, 1848-07-04 00:00:00

CENTRAL CRIMINAL COURT.

William Girdlestone, 45, and Charles Swan, 48, were
indicted, with John Saunders, who surrendered, for un-
lawfully and maliciously conspiring together to make a
false charge of forgery against three gentlemen named
Francis and James M‘Gowran and Barton, with intent
to injure them and to subject them to the penalties of that
offence.
Mr. Clarkson, Mr. Bodkin, and Mr. Ballantine con-
ducted the prosecution. Mr. Wilde defended Saunders.
The other defendants had no counsel.
The present indictment arose out of some proceedings
in this court at the May session, when the above-named
gentlemen, who now appeared as prosecutors, were in-
dicted for having forged the will of Francis M`Gowrae,
the father of the gentlemen of that name, and upon that
occasion, when the defendants appeared in court to
answer the charge, tho witnesses on the back of
the bill, who were the present defendants, did
not come forward, and, after waiting for some
time, the Court ordered their recognizances to be
entreated; and the defendants were acquitted. The
Learned Judge who disposed of the case, at the same
time gave directions that a copy of the indictment
should be given to them as a step to ulterior proceedings,
and the present indictment was preferred against the
parties now accused. It appeared that Mr. Francis
M'Gowran, the testator, whose will formed the principal
subject of the inquiry, was a gentleman of fortune living
in the \Vandsworth-road, his family consisting of two
sons, Francis and James, his daughters and a niece. This
niece married the defendant Girdlestone, and it seemed
that he by the union expected considerable pecuniary
advantage, and his disappointment in this respect no
doubt led to his subsequent proceedings. Mr. Barton, it
appeared, in 1841 was paying his addresses to ono of
the daughters of Mr. M'Crowrae, and he eventually
married her. The testator died in the same year, and
by his will his niece became entitled to a life interest
in some property in Webber-row, Southwark, but as
it evidently appeared, in consequence of the treat-
ment she had experienced from Girdlestone, her
husband, her uncle desired that he should be de-
prived of all personal interest in the property, and a
reversion of the interest in it was given to the children.
From that period to the occurrence which formed the
subject of the present inquiry, it seemed that Girdlestone

had done all that was in his power to annoy the execu-
tors, the Messrs. M'Gowran, but he was defeated in all
his legal proceedings, although it appeared that in one
suit he bad entailed costs upon them to the amount of
300 L, and after repeated demands of money, he at length,
it seemed, resolved upon adopting the step to charge
them with having, in conjunction with their brother-in-
law Mr. Barton, forged the will in question—the forgery
consisting in their having, as they alleged, taken away
some of the sheets from the will while it was in the
charge of the authorities at Doctors'-commons, and sub-
stituting others in their place. The case was now fully
gone into by the production of evidence.
The RECORDER, at the close of the case for the pro-
secution, expressed his opinion that whatever suspicion
there might be as to the share that Saunders had taken
in the transaction, ho did not think there was sufficient
legal evidence against him, and he therefore directed the
jury to acquit him.
The other defendants, upon being called on for
their defence, merely denied that they had made a false
charge.
The RECORDER asked them whether they had any evi-
dence to show that there was the slightest ground for the
charge they had made. The other deteudant, Saunders,
had been acquitted, and they might call him if they
pleased as a witness, if they thought he could help
them.
The defendants declined to do so.

The RECORDER then summed up, and observed that
it appeared perfectly clear from the evidence that there
was not the slightest ground for the charge of having
altered or committed any forgery upon the will in
question, and the only point for the jury to decide was,
whether the two defendants had conspired to make that
false charge, knowing it to be false, and without
foundation.

The jury immediately returned a verdict of Guilty.
The Learned JUDGE sentenced theta to be imprisoned
For two years.

POLICE INTELLIGENCE.
THAMES.

W. Castel!, as innkeeper of Bethnal-green-road, was
charged with assaulting a toll-taker named Joseph
Filden, at Harrow-bridge, in the parish of West Ham,
Essex.

This case arose out of an attempt to exacta toll, which
has kept the neighbourhood in a state of ferment since
the 21st ult. The toll is a very curious one, being only
demandable for one month during the year, viz., from
the 21st of June to the 21st of July, and is said to be
founded on a grant made by Charles 11. to the family
now represented by the Earl of Mornington, professedly
for the purpose of preserving the fences of Epping
Forest, and keeping in repair an old prison for the re-
ception of deer-stealers, which formerly stood where
Stratford Church has been since erected. This singular
toll has been constantly resisted on the ground that the
forest requires no fencing, and that there is no prison to
be kept iu repair. It has also been objected to as an
extortion under the name of " Crimminage" exacted
after the Norman Conquest, and defined as " a toll for a
man's passage through a forest to disquiet the wild
beasts," but now rig obsolete as another forest law, which,
under a penalty of as. to the owners, required that " all
dogs passing through a forest should have the claws of
the fore-feet cut off by the skin." This year a deter-
mined resistance was made to the toll, and when it was
first attempted to be collected (on the 21st ult.), two or
three persons were charged before Mr. Yardley with as-
saults arising out of the attempted enforcement. He fined
the parties charged, and at the same time said those re-
sisting the toll were bound to prove its illegality; adding,
that those who abetted such resistance, whether legal
advisers or otherwise, were liable to indictment. On
the ensuing day (Mr. Ballantine being then presiding
magistrate) similar charges were brought against other
parties, with a totally different result: he said the toll-
men were bound tc prove their claim—that the assault
was commenced by their stopping any horses passing
through, which warranted the owners in resisting vio-
lence by violence, and that a toll demanded only for one
month during the year, besides being obnoxious and
irregular, bore a prima facie appearance against its
validity. Be dismissed the charges of assault, and held
Robinson (one cl the toll imposers) to bail to keep the
peace for a month. One of the morning journals an-
nounced that in consequence of this decision the toll had
been abandoned; but it turns out otherwise, for when
the charge of assault was made yesterday before Mr.
Ballantine, Mr. Sperling, a solicitor, appeared on the
part of the toll-takers, and a gentleman from the office
of Mr. Martin attended to defend the right of free pas-
sengers.
Mr. Sperling wished to keep the question entirely to
the assault. Since his Worship's late decision the in-
structions given to the toll-takers was not to distrain,
but to get the address of the parties refusing payment,
so as to try the right before a higher tribunal. When
the prisoner was asked his address he drove rapidly
through, and on the complainant pursuing him to take
the address from his cart, the prisoner struck him with
his whip. . _

Mr. f3ALLANTINE—It is an inconvenience for any man
to be stopped for his address in a public road, and I can-
not take cognizance of a refusal to pay tolls, except
such as are created by Act of Parliament. If you want
to try the right, several gentlemen in the neighbourhood,
when cases like this were last tried, offered to send their
drays or hoses on purpose to try it by distraint. In the
Essex Roads Act, which extends over the lecus in quo,
there is no mention of this toll, nor is there any previ-
sion made for its collection. You must try your right
in the superior courts.
Mr. Sparling—l know we must ultimately do so.
Mr. BALLANTINE—In the meantime the passengers
along this road must not be obstructed.
Mr. Sparling—But we only complain now of the
assault.

Mr. BALLANTINE—I will not go into it. You may
take it to the sessions if you please. It is evident the
complainant interfered with Castell in some way or other.
Mr. Spsrling—We can establish our right for the last
thirty years on the testimony of a police sergeant.
Mr. BALLANTINE—I don't care for police sergeants;
but with reference to that road, you have no right to
stop any person passing through.
Mr. Sparling—But the prisoner used more violence
than was necessary.

Mr. BALLANTLNE—Perhaps he did, and this man had
no right to interfere with him, and I dismiss the case;
take it to the sessions.

ST. MAEY'S HOSPITAL.—A public dinner took
place at the London Tavern, Bishopsgate-street, last Fri-
day, under the auspices of the committee of this insti-
tution, for the purpose of raising the necessary funds for
the completion of the hospital. About 200 gentlemen
sat down to dinner, among whom were Lord Manvers
(Chairman), Admiral Daly, Lieutenant-General Dela-
motte, Lieutenant-Colonel Sykes, W. Ewart, Esq., M.P.,
Rudal W. R. Robinson, Esq., M.P.
Rev.
ALP.,
S. Boone, Rev. P. Miles,
A. M T.odd, Campbell, Esq.,A P"
Rev. Halford, Whiteman, Esq., R. E. Broughton,
Esq., H. M. Kernpshead, Esq., T. W. Budd, Esq., G. L.
Baker, Esq., Currie, Esq., &c. About 22,0201. has
already been raised by voluntary subscriptions, and ap-
plied partly to the purchase of the site and partly to-
wards the building operations; and we may mention,
as an incentive to the humane and charitable, that
when between 4,000/. and 5,0001. more is colleted,
the committee will be enabled to open the establish-
ment for the reception of at least fifty patients.
The laudable object of the present festival (as
we have already intimated) was to aid in obtaining this
latter sum, and the result of the numerous gathering on
the occasion, we are happy to say, must have been gra-
tifying to the committee, and have fully realised their
most sanguine expectations; for, before the party sepa-
rated, about 2,000/. of the amount was subscribed in the
room, among the principal contributors to which were
the Noble Chairman (third donation), 100 guineas; Mr.
Hubert, bank director (third donation), 100/.; Miss Har-
ley (second donation), 1001.; the Hon. Mr. Pierrepoint,
501.; B. B. Cabbell, Esq., M.P., 501.; Mr. Whitbread,
brewer, 501., &c. &c. The usual toasts were ably pro-
posed and cordially drank during the evening, and a
corps of vocalists enlivened the company with their ex-
cellent performances. Mr. Higgs officiated as toast-
master, and the entire arrangements gave the highest
satisfaction to all parties.
FATAL ACCIDENT FROM FIRE.—On Sunday Miss
Selina Turner, daughter of C. Turner, Esq., of
Aylesbury, Buckinghamshire, was burnt so severely
that she expired three hours after the inj.pry. It appears
that the bedding took fire from the flame of a candle by
which she had been reading in bed, having fallen asleep
without extinguishing it.
It is intended, we hear, to place every regiment
arriving from abroad under the orders of Lord Frederick
Fitzclarence at Portsmouth, in order to its inspeetion
and drill on the comprehensive system adopted by his
Lordship. It is seldom that a regiment can avoid, even
under the most skilful management, getting into some
kind of disorder, after a long period of foreign service.
Detachment duty, especially in the colonies, and the
voyage to England afterwards, separate and disorganize
a corps to a degree that render it an almost Herculean
task to restore it to efficiency. No one can deny that
this is most effectually accomplished by throwing the
regiment into the same garrison with others that have
been brought to a high pitch of perfection, and causing
it to go through the disciplinary process by which that
perfection is attained. The high reputation Lord Fre-
derick Fitzclareuce has earned by his great attention to
his duties, points out the policy of selecting his command
for the probation, and wo feel satisfied that every re-
turekig corps will be pleased with the arrangement.—
Unied Service Gazette.
LANCASHIRE SILK MANUFACTURE.—The silk ma-
nufacturers of Manchester and the neighbourhood are
likely to derive material advantages from the political
disorganization in which France is now plunged, and by
which its industry is disordered and paralysed. Skilled
French managers and operatives in the manufacture and
finish of the silks and silk velvets for which Lyons is
celebrated, have presented themselves for employment,
or have been engaged and introduced, by which that
great branch of industry can scarcely fail to be brought
to such perfection in Lancashire as to rival on equal, per-
haps on superior conditions, with the choicest productions
of France.—Liverpool Journal.
DESTRUCTION OF A SHIP AT SEA BY FIRE.—
On Saturday intelligence reached Lloyd's of the total
loss by fire, on the 22d of May last, in lat. 34, long. 63,
of the ship General William Nett, bound from Cuba to
Swansea with copper ore. The fire had been burning
several hours when the Liverpool, Irving, master, hove
in sight. The crew were found clinging to the wreck in
momentary expectation of death, the boats being
damaged, and all escape cut off; they were rescued.
Shortly after being taken off, their vessel blew up with a
terrific explosion. The loss sustained, partly covered by
insurance, is 30,000/. The crew were lauded at Liver-
pool on Friday.
Sir William Colebrook, the late Governor of New
Brunswick, who had been appointed to the government
of British Guiana, will now proceed to Barbadoes to as-
sume the government of that island, in the place of
Colonel Reid.—Observer.