The Sun.
London, England, 1846-06-02 00:00:00

NAVAL COURT ►':4ARTIAL.

(From the Bermudian of April 29.)
A court martial was held on board the flag-ship Vin-
dictive, on Thursday last, and continued by adjourn-
ment, on Friday, for investigating charges preferred
against James Chimmo, Esq., purser of H.M.S. Alarm,
by Captain Frankland, of same ship.
The charges were . 1. For accusing Captain Frank-
land of tyranny, injustice, and oppression, and for for-
warding the same otherwise than through his command-
ing officer ; and 2, For accusing Captain Frankland of
inviting his (Mr. C.'s) messmates to hear what idle and
malicious persons on shore had to say.
The Court was composed of—Vice-Admiral Sir F.
Austen, President ; Captains Lambert and Seymour,
Commanders Scott and Cory ton ; Mr. Jeans, the Ad-
miral's secretary, officiated as Judge Advocate.
At the opening of the Court, at nine o'clock, the de-
fendant made a few observations. lie said, he clamed
the just consideration of the Court on account of the un-
heard of circumstances of there having been but fifteen
hours between the time when a copy of the charges were
delivered to him and the hour appointed for opening the
Court. Up to 45 minutes past 5 on the evening previ-
ous, he was altogether ignorant of what the charges
were. He had been up all night in order to prepare for
trial, while, by the Queen's regulations, he should have
been allowed not less than twenty-four hours. Should
he be guilty of any informality in addressing the Court,
or in putting questions, he hoped due allowance would
be made, as this was the only instance, during his whole
term of actual service, now embracing a period of thirty
years, of his having been before, or even in attendence on
a Court Martial. The President observed that Mr.
Chimmo was at liberty to move, if he pleased, a post-
ponement of the sitting of the Court. This was re-
spectfully declined by Mr. Chimmo ; he wished to take
no step which might delay her Majesty's service, and
put the Court to much inconvenience.
The examination of the respective witnesses on both
sides bore upon the demeanour and conduct of the ac-
cuser and the accused. But the real origin of the rupture
was not looked into, neither could it be ; it having been
investigated and finally settled by the Admiralty long
since. The Court, therefore, exhibited the anomalous
position of a tribunal assembled to investigate the truth
or falsity of charges, while the matters which lay at the
bottom of the whole affair Wore beyond its reach, having
been conclusively set at rest several years since.
It was proved during the trial, upon the testimony of
Captain Frankland himself, that he had recommended
the gun-room officers to go ashore and learn for them-
selves of the defendant's conduct while he was at Ber-
muda some years ago. As to Mr. Chimmo's character
being in accordance with that of an officer and a gentle-
man while serving in the Alarm, Captain Frankland
admitted in open court that it was perfect, and as to his
position at the Admiralty, Captain Frankland stated
that Mr. Chimmo's character stands high at the Admi-
ralty Board.
On Friday Mr. Chimmo made his defence. He said,
he was appointed to the Alarm in Novvember last, and
from that time he had observed, in many trifling cases,
a prejudice against him on the part of Captain Frank-
land. Captain F. wrote to the Admiralty to inquire
into his (Mr. C's) conduct touching certain circumstances
at Bermuda in 1838, to which he received no answer.
On applying personally he found, as he himself stated,
every thing favourable.

The day after the ship arrived at Bermuda, he was
sent for by Captain F., who said that having heard un-
favourable things of im here, he should insist on Mr.
C. leaving the ship. He was refused all opportunity to
explain. He was told by Captain F. that he must not
expect to be happy in that ship--that out of her either
he or the Captain must go—and that while he remained
he (Captain F.) would make his position most unhappy.
His first impulse was to seek to be superseded, but
subsequent circumstances promped him to remain to vin-
dicate his character.

He respectfully wrote Capt. F. requesting a statement
of the malicious reports against his character; this letter
the Captain threw overboard in presence of the officers
and several of the crew. Finding his situation becoming
more and more painful, he wrote the Commander-in-
Chief, and represented the whole state of affairs. The
fate his former latter met with at the hands of Capt. F.
prevented him from transmitting the representation of
his case through that official channel. If he had erred
herein, he begged to express contrition, and tru,ted
the Court would take all the circumstances into con-
sideration. _

With reference to charge Ist, he would observe that
in the copy officially furnished him, the first is stated to
be for accusing Capt. F. of "tyranny, injustice, and
oppression," whilst the charge brought against him on
the trial was for accusing the captain of " cruelty, op-
pression, and injustice." The discrepancy, he conceived,
vitiated the charge ; besides, in view of this charge,
he would press the fact of his public letter having been
thrown overboard. Whatever might have been his con-
duct at Bermuda formerly, the matter had been adjudi-
cated by the Lords of the Admiralty, and the fact of his
having been appointed, quite unsolicited, to the Alarm,
is a proof of their Lordships' approbation. To try a
man twice for the same offence was contrary to the just
and humane laws of our country ; yet, in defiance of
this, old and settled affairs had been raked up against
him.

Regarding 2d charge, he would observe that there
might be a difference in the acceptation of the words
invite and recommend; yet Captain F. admitted, in evi-
dence, that he recommended the officers to do what has
been already stated.
Under all the circumstances, he hoped for the favour-
able consideration of the Court ; and in submitting
numerous testimonials of thirty years' highly creditable
service, he fully and confidently relied on the justice and
good feeling of the Court to absolve him from the un-
merited charges with which he had been most violently
assailed.

The Court was cleared for a short time; on being re-
opened, its decision was pronounced —" That Mr.
Chimmo be dismissed the ship."

MESMERISM-LAUGHABLE

SCENE.

Professor Barnett lectured on Monday evening, at the
Court House, Nenagh, which was more than usually
crowded. It was evident that Professor Barnett did not
appear like a man at home with himself on Monday
night. He commenced the proceedings by mesmerising
a few urchins, who during the process engaged them-
selves in indulging in fits of suppressed laughter at the
expense of the wondrous Professor, who with the
gravest face imaginable went through sundry manipu-
lations and passes, much to the wonderment of many
present.
The Learned Gentleman here said he had heard his
pupils had been tampered with—that they had been very
severely beaten with a cat-o'nine-tails by the master of
the school at which they were—that they had been
frightened away from him, and would not come near
him till that evening, when they all went iu a body, and
said they were willing to be mesmerised.
The Rev. Mr. Power, C. C., one of the Catholic cler-
gymen of Nenagh, said that as such he had attended
there that evening.
After some conversation between the Professor and
the Rev. Gentleman, the Professor proceeded to throw
certain patients into a mesmeric sleep. After they lay
in apparent somniferous unconsciousness for some
time, one of the boys who he had thrown into the mes-
meric sleep suddenly started up, and exclaimed, amid
the laughter of the audience, " I am not asleep at all,
neighbours !"—(Uproar and confusion.)
Professor Barnett—Ladies and gentlemen, you will
bear in mind the statement I first made as to the pecu-
liar and suspicious circumstances under which these
patients came to me to-day.
Mr. Power—Now, before you proceed further, I take
it for granted that the boys before us are fast asleep.
Professor Barnett—But I do not take it for granted
at all.

Mr. Power—Would you permit me to try whether
they are asleep or not ?
Professor Barnett—l will.

Mr. Power—l will just speak to them.
(Here the Rev. Gentleman moved near the platform
on which the three bus lay with straw pillows under
their heads, who appeared to many of the audience to
be in a profound torpor.)
Mr. Power (to one of the patients)—What's your
name I'

Boy—Bryan O'Bryan, your raverince.—(Sensation
and laughter.)
Professor Barnett (with the utmost composure)—
There is nothing proved to you yet.
A voice in the gallery—You're mesmerised Professor.
—(Laughter )
Mr. Power (to another of the patients)—Do you know
who I am ?

Boy—l do, your raverence ; you are Father Power.
Can you open your eyes ? I can, Sir. (Here the
boy opened his eyes, smiled, and gazed on the audience.)
Can you stand up ? I can, Sir.
Were you asleep at any time since you laid down ? I
was not.

What is yonr name ? Johnny Cleary, your raverince.
The boys then descended from the platform amid the
most indescribable confusion, laughter, clapping of
hands, beating of sticks, roaring, jumping, yelling, and a
babel of noise.
Mr. rower, amid great confusion, cheering, cries of
"bravo,"
until this day that those boys were set asleep—but now
&C., said—l was really under the impression
is it not quite evident to be nothing less than a humbug?
—(Loud cheering from all parts of the house, in the
midst of which the Rev. Gentleman withdrew.)
Professor Barnett (with a most laughable solemnity of
face)—Before I attempted to put these boys in the sleep
I told you distinctly that I could scarcely do so from the
peculiar circumstances under which the boys came to
me. If these boys had not been tampered with I could
proceed with the lecture as I lid in various other places.
I could mesmerise them.—(Loud cries of " You could
not.") I have no more doubt of it than I have now
of my existence.—(Cries of " Oh, oh.") (Here the
Professor stretched forth his arms). I have no more
doubt of the truth of mesmerism than I have
nlfecteesnsathr yo,ti fsoarn thousand personsprof.— "You
eloquence
ea
nr ea c e
01 humbug.")
rnbug. ''
of my own existence, which I would sacrifice, if
(wCitrhi e s t of fe
Demos-
thenes and the reasoning of Cicero opposed me, I will
preach and practice the truth of mesmerism—and only
smile with pity at their ignorance, at least of this science.
Dr. Langley—I think we have got more information
from our worthy Friend Father Power, to-night than
you could give us for three nights.—(Cheers.)
Mr. Willy Gleeson—Mr. Professor, you have a great
deal to contend with.—(Great laughter.)
Professor Barnett—l know that, sir, very well.
Dr. Langley—Give up mesmerism and go to the bar,
my friend.—(Loud laughter.)
Professor Barnett—No, sir ; I shall never give up
mesmerism--(Bear, hear)—till I die.—(Laughter.)
Mr. Gleeson—Professor it is impossible for you to
stand the firing from front and rear, from rank and file.
—(Laughter.)
werary Vindicator.

LAW INTELLIGENCE.
COURT OF QUEEN'S BENCH, June 1
(Sitting►s in Banco.)
TURNER V. DARLINGTON.

This was an application by Mr. Bodkin for a rule
calling upon the defendant to show cause why the plain-
tiff should not be discharged from prison, to which he
was committed by a magistrate for an alleged breach of
a contract entered into between him and his employer.
It appeared that plaintiff is a working miner, and had,
with many other workmen, entered into a contract with
the defendant to work in the mines of the latter for a
term of eleven months, under certain regulations. The
plaintiff and the other workmen absented themselves
from the works for reasons which they assigned to be
good and sufficient, and for this the defendant laid a
complaint against them before a magistrate in Lanca-
shire, where the mines are situated, and they were by
this functionary committed to prison, upon the ground
that they had violated their contract. The ease now
came on to be argued.
Mr. Bodkin and Mr. Huddleston appeared for the
plaintiff; Mr. Cowling, Mr. James, and Mr. Fry for the
defendant.

The COURT, having heard the arguments on the one
side and the other, decided that there was not sufficient
in the information to warrant the committal in this case,
for that various just reasons might arise to warrant a
man in absenting himself from his work without any
breach of contract—such, for instance, as the act of
God. On the whole, in this case it did not appear to
the Court that there was any violation of the contract by
the plaintiff
Mr. BODKIN, counsel for plaintiff, here remarked that
there were fire others in the same position, and that the
decision in this case would govern the whole.

COURT OF EXCHEQUER, May 30.
(Sittings in Banco.)
WALSTAE v. SPOTTISWOODE.
The arguments in this case were resumed and con-
cluded to-day.
It may be remembered that this was an action brought
by an allottee of scrip in the Direct Birmingham, Oxford,
Reading, and Brighton Railway, to recover from the de-
fendant, as a provisional committeeman thereof, the
amount of the deposit paid on 30 shares in that scheme,
which was not proceeded with in the present session of
Parliament for lack of funds, there being only 4,000 de-
posits out of 70,000 shares which had been issued. The
declaration contained a special count on an alleged con-
tract by the defendant to give to the plaintiff 30 shares
in the propesed railway, in consideration that the plain
tiff would pay the deposits and sign the deeds which are
usually required in such cases, and it averred the pay-
ment of the deposit, and a readiness to comply with the
other conditions, and a breach by the defendant on his
part. A second count was in the common form for money
had and received. To these the defendant pleaded non
assumpsit, and a verdict having passed at the trial for
the plaintiff under the direction of the Chief Baron, a rule
nisi was obtained to enter a nonsuit on the ground of mis-
direction, which now came on for argument.
Mr. Jervis and Mr. Willes showed cause on behalf of
the plaintiff. There were three questions raised by this
case. As to the first point, it was contended that the
coatract was proved, inasmuch as it was set forth fully
in the letters of application and of allotment, which were
in the usual terms employed by promoters of such
schemes, and contained an express promise, on the part
of the defendant, as a provisional committeeman, made
by the secretary of the company on his behalf, that if
the plaintiff would pay the deposit of 2/. 12s. 6d. per
share, and subscribed certain deeds, the letter of allot-
ment with the bankers' receipts would be exchanged at
the office for scrip certificates, on a certain day. When
the plaintiff applied for her scrip, she was informed by
the secretary, and Mr. Blunt, the chairman, that the
committee had resolved to wind up the scheme under
counsel's advice, and that she could not have her shares
or her money, for the latter was all spent in prelimi-
nary expenses, except perhaps a small surplus, which
would be returned to her in common with the other de-
positors on 4,000 shares, if any was ultimately found to
exist. This the provisional directors had no right to do,
the retention of this money, or any part of it, being
in direct violation of the contract set forth in the letter
of allotment.
Mr. Baron ALDERSON—The argument of the defen -
dant is, that there is no such contract in that letter.
Mr. WILLES—The contract is in the last letter, and
not in the two together, and if any part of the second
letter is an intimation, why not all of it ? The great
question, however, arises under the second count, which
is for 78/. 155., as for money had and received by the
defendant to the use of the plaintiff, the groundwork of
that count being, that that sum having been paid by the
plaintiff without any consideration being received for it,
the defendant is bound to restore the whole of it to her
as a provisional committeeman of this scheme, which, as
she contends, is wholly abandoned. The defendant,
however, contends that he is entitled to retain the whole
or such part of this sum as has been spent in legitimate
preliminary preparations for forming this Company ;
but this question has been already decided in the case
of " Nockells v. Crosby," 3 B. and C., 814, where it
was held that if such a scheme be abandoned under
similar circumstances, the subscribers are entitled to sue
the promoters for the whole of their deposits as for
money had and received. This case was decisive of this
argument.
Mr. Baron ALDERsoN—Was there any proof that that
sum had been so deposited 7 If only 4,000 deposits were
paid out of 70,000, I doubt whether the promoters ought
to do anything till the whole deposits are paid up.
Mr. WILLES—That is the contention of the plaintiff.
Mr. Baron ALDERION—It seems that of this sum
21. 10s. per share was received by the defendant under a
strict bargain to do a specific thing with it, namely, to
deposit it under the standing orders. That disposes of
751., which was paid by the plaintiff for that specific pur-
pose, which excludes all idea of spending it in prelimi-
nary expenses. On the other hand, as to the 103. per
1001., or 2s. Cd. on each share, it seems to me very much
as though that was required for the purpose of being
spent in forming the company.
The CHIEF BARON—And that must be required to
meet future expenses, not to pay bygone engineers and
surveyors.
Mr. Baron ALDERsoN—And then only when there are
80,000 shares subscribed for. " Nockells v. Crosby" is
for you as to the 2/. 10s., and against you as to the
2s. 6d. per share.
Mr. MARTIN, Mr. F. V. Lee, and Mr. Peacock, in
support of the rule, protested, in the first instance,
against the turn which the argument had taken through
the suggestion of Mr. Baron Alderson. There was no
distinction taken between the 10/. per cent. and the 10s.
per cent. at the trial, nor were the standing orders rer
ferred to once. It so happened that the sum paid in-
cluded 101. per cent. and 2s. 6d. per share; but no
allusion was made at the trial to this point; and if the
Court were to depart from the common understanding
at trials, when cases came on for argument parties would
never know how to conduct their cases. The Learned
Counsel then proceeded to argue that the contract set
forth in the declaration had not been proved by the
letters. With respect to the second count, the plaintiff
cannot be entitled to recover the whole of this deposit
in any view of the case. If the Court should hold
that the defendant was responsible to that extent
they would decide in effect that parties might specu-
late and gamble in these schemes, and, risking
nothing, run the chance of gaining everything. The law
might so hold, but if " Nockells v. Crosby" were to be
decided a hundred times over, he (Mr. Martin) would
still contend that gross injustice had been perpetrated
by it. Appearing there for Mr. Spottisweode, who was
thus attacked, he (Mr. Martin) felt himself justified in
protecting him on strictly technical grounds, and he
must now deny that there was any evidence
to prove
that this company had been abandoned in the first place,
that being the foundation of the plaintiff's cause of action
on the said count. What Mr. Blunt said was no evi-
dence against Mr. Spottiswoode.
The CHIEF BARON—No; but the evidence was not
objected to, and formed part of your cross-examination.
Mr. MARTIN—At all events there was nothing to
show that there was a total abandonment ; neither was
there evidence that the promoters bound themselves
to go to Parliament in this session. Difficulties might
prevent their doing so now, but they might go on next
session, and until it clearly was proved that there
had been a total failure of consideration, this action ,
could not be sustained to recover back the de-'
posit. The Company had an existence under its provi-
sional registration for twelve months, and the committee
had no power under the Act to dissolve it. It'still existed,
therefore, and might be yet carried out. Under these
circumstances, therefore, the Learned Counsel submitted
that the rule to enter a nonsuit must be made absolute
on one or other of the grounds on which it had been
granted. The plaintiff had asked for an allotment of
shares ; that she had got, and it remained to be seen
whether the scheme was abandoned.
The CHIEF BARON—The Court will take time to
consider its judgment in this case, which is most im-
portant.
Mr. Berm ALDERSON—I confess I cannot distinguish
this case from " Nockells v. Crosby," unless the scheme
be not abandoned. That is a question of fact, on which
there was very slight evidence indeed. It may turn out
that it is not abandoned.
Judgment deferred.

POLICE INTELLIGENCE.
MANSION-HOUSE.

Louis Pontou;sky, a foreigner, who pretended that he
could not speak a word of English, was brought before
Alderman Gibbs for final examination charged with
having stolen a clock, the property of the Directors of
the Marine Assurance Company in Cornhill, and a
watch, the property of Mr. Johnson, perfumer, of
Cornhill.

John Baker, a City policeman, stated in, answer to
questions put by Alderman Gibbs, that the prisoner
spoke the English language perfectly well as they came
along the streets from the Compter to the Mansion
House, and understood the nature of the charges against
him. Witness also said that, upon apprehending)s theteo
at
prisoner for stealing the clock, he found in waistcoat
pocket a watch which Mr. Johnson identified.
Mr. Robert Johnson, of No. 68, C
some days before the prisoners apprehension,
drawerapper , stated that
henesnhillfio:,lehoekihnagd.
rooms deposited his gold watch inth
glass in one of the upper in the house. The
thief must hare walked into the ouse in the broad day,
k n away several trinkets of value which had
reednhctiptoasiteed in the same place.
The prisoner said, "Me no speak a word of English.
Me not steal any ting. "
Alderman Gins.—l shall commit you for trial, for
robbery. I dare sal you'll understood that ?
The prisoner.—No ;me not understand cne word you
say.—(A laugh.)
The prisoner was then committed for trial.
Frederick Chapman, a millwright justae
i arrived from
Bedfordshire, was charged by M G
r. solicitor, of
Basinghall -street, with having assaulted several females
walking that morning from St. Paul's to the Poultry.
The defendant was quite lively and indifferent for a
while.

Mr. Gale said that as he walked along St. Paul's, he
saw the defendant with a 139 g half acrc:Ns his shoulder
apparently filled with implements of ;“:irk, which he
swung about in such a wormer, that many females were
struck by it, and ito owubt hurt. The fellow cared
nothing about expostulation, but laughed at the mischief
he was doing and jogged on, thrusting his bag of tools
against the women whom he seemed to have marked out
for that sort of sport. There was no policeman visible
until witness reached the Poultry, when he instantly
gave the defendant into custody.
A gentleman, who had been walking in Cheapside at
the time, said that he received the first notice of the de-
fendant's ruffianism by a blow from the bag of tools him-
self. He heard several ladies complain. The defendant,
in fact, walked as if there wa • no person in the street

except himself, although tke crowds were great.
Alderman GIBBS—Was he drunk?—The witness said
there was no appearance of intoxication about the man.
The defendant—l couldn't be drunk, for all I d; ink d
was one point of beer, and that wouldn't make I drunk.
Alderman GIBBS—AwI what have you to say? The
defendant—Why, oy was going along quoick enough,
and the people pushed, and oy warn't to blame. (Here
he looked round and laughed.)
Alderman GIBBS—You have just come from the
country? The defendant-0y; just comed by railway,
and I'm going to another part of the country to work.
Alderman GIBBS—Then you must pay twenty shidings
for this conduct, or go to prison for fourteen days.
The defendant—What, poy twenty ,hillings! I ha'n't
got no twenty shillings to poy.
Alderman GIBBS—Then you must go to gaol. We
must not have people knocked about in this way.
The coutryman retired from the bar in amazement,
and upon getting close to the " lock-up," appealed to
some of the policemen, and supplicated their influence
with the alderman to induce him to reverse the sentence.
Finding, however, that his intentions were thrown
away, he said, " Well, I'll pay the money, but moind, I
I think it's very cruel."
Ann Wood, a well-known imposter, was charged with
having shammed fits in the street.
The prisoner played her old character to such per-
fection, that several persons supposed she was in the
agonies of death, and medical aid was procured, but the
surgeon who saw her, knew the nature of her disease,
and caused her to be taken to the police-station, where
she speedily recovered, and begged to be allowed to go
home unassisted.
Alderman Gross said, that upon one occasion, the
prisoner had been sent to her parish in the country, but
she arrived in town some time before the officer who
was ordered to accompany her.
She was committed to Bridewell for two months.
MARYLEBONE.

THE ENRAGED OFFICER OF MARINES AND THE
BOOTMAKER—EXTRAORDINARY OUTRAGE.—Lieutenant
Gun Mahon, of the Royal Marines, who resides at No.
31, Cambridge-place, Edgeware-road, was charged with
having assaulted John Bushley Simmons, under the fol-
lowing extraordinary circumstances :
Complainant stated that he was shopman to his bro-
ther, 29, Upper York-street, and that on the previous
Monday morning, agreeably to orders, he was taking home
a pair of boots for defendant to try on, when he (defendant)
met him on the road, and having ascertained from him
that the boots were his, desired him to carry them to his
dwelling, at the same time telling him that upon his call-
ing for the money in the evening he would be paid.
Not liking to leave the boots without the sanction of his
employer, he returned with them to the shop, and at
seven in the evening again repaired with them to the
house, when the servant by whom he was admitted
told him that he must wait a little while, as defend-
ant was then with another gentleman. In the course of
five minutes he was sent for by defendant, and on
going into the apartment in which the two gentlemen
were, he (defendant) told him that, for his master's
insolence, he should neither have money nor boots.
The bell was rung, and on a carving-knife being
brought in by direction of defendant, he cut the leg
part of the boots into several pieces, having done
which, he threw the feet, or slippers, towards com-
plainant, whom he threatened to kick out of the place in
the event of his not leaving very speedily. Complain-
ant added, that he at length quitted the house, but not
before defendant had rushed upon him and knocked him
down upon the sofa, threatening that he would give him
a d—d good licking, if it cost him 5/.
Defendant's answer to the charge was, that the com-
plainant impudently walked into the room while he was
at dinner with his friend, Captain Tringham, and, seating
himself, expressed his intention of remaining in the com-
fortable position he was occupying, as he felt very tired,
and refused to leave on being told to call in the morning.
He (defendant) admitted having cut off the top parts of
the boots, but denied having laid hands upon complainant
at all.
Defendant said he had no witnesses in attendance, his
friend Captain Tringham being engaged with Sir George
Cockburn at the Admiralty.
Walter Dickenson said that he was nephew of the
landlady, and that complainant was not knocked down on
the sofa. Defendant certainly did cut the boots into se-
veral pieces.
Lieutenant Mahon was ordered to enter into his own
recognizance for his appearance to answer the charge at
the sessions, in the event of anindictment being preferred
against him.
Mr. Wontner—What am I to do, your worship,
about getting paid for the boots which have been de-
stroyed ?
Mr. RAwLmsoN—l can't get the money for you • I
think you have been used very badly, and you know the
course which I have left open to you.
PEACE WARRANT.—Mr. Conrad Cooper was charged
with having threatened to put a bullet into Mr. Storey, a
dentist, carrying on business in Fleet-street, and who re-
sides in Nelson-square, Blackfriars-road.
Mr. Wontner attended for complainant, and another
solicitor for defendant.
A great deal of evidence pro and con. was gone into,
from which it appeared that for some time past defendant,
who at one period had lived with complainant, and who
was also a dentist, had continually annoyed him, and
threatened complainant, whom he had vowed to " bullet,"
as sworn to in the warrant.
Defendant was held to bail, himself in 1001., and two
sureties in 501. each, for his appearance at the sessions.
WORSHIP-STREET.

CHARGES OF FRAUD.—George Keal, a rather re-
spectable looking elderly man, with very plausible man-
ners, was placed before Mr. Broughton for examination,
upon a charge of defrauding Mr. John Spencer, a beer-
shop keeper, at Stoke Newington.
The prisoner, it appeared, had called at Messrs. Lane
and Co's., brewers, to inquire if there was any public-
house in their trade to be disposed of, stating that he
was out of business himself, but wanted a house for his
son ; and Mr. Perry, the manager of Messrs. Lane's
brewery, gave him a card to the complainant, Spencer,
who wished to sell his business. The prisoner drove the
same day in a chaise to the complainant's, accompanied
by a young man whom he introduced as his son, and
producing Mr. P, cry's card, entered at once upon the
mat 0: in question, stating that he was himself a free
vintner who had snide enough to live independently,
butwished to put his son into business. The complainant
observed that the house which he was about to dispose
of was a very good one, and that he should require 8001.
for the lease, and 3501. for fixtures, &c., to which the
prisoner replied that, although money was no object, he
certainly would not give more than 7001. for that house.
After much conversation, however, over cigars and ale,
he agreed to give 7501., and proposed to leave at once
501. as a deposit, until the agreement could be formally
completed. He then drew a cheque for the 501. upon
Jones Loyd and Co., with whom he said he banked,
and as he was going away carelessly remarked that he
had come out without cash, and asked the conapl anent
to lend him half a crown until the following day. The
complainant made no difficulty about that, but upon in-
quiry at Messrs. Jones Loyd and Co's., he ascertained
that the cheque drawn upon them by the prisoner was
fictitious, and soon after he found the prisoner at another
house in his neighbourhood, bargaining for that in a
precisely similar way.
At the first examination, Mr. Vine, the chief clerk,
recognised the prisoner as having been in custody at
Bow-street, upon similar charges, several years back.
Mr. BROUGHTON, the magistrate, now made known,
that in consequence of the publicity given to the first
examination, he had received a communication from
Dublin, which he now produced.
The communication was addressed to the magistrate
by " Mr. Thomas Stirling, of the Royal Canal-terrace,
Dublin," who wrote that he had himself been victimised
by a Mr. George Keal, the same person, he believed,
whose examination at Worship-street he had just seen
in the London papers. The case was this :—An adver-
tisement appeared in the Dublin papers which induced
him to become Keel's agent for the purchase of fowls,
eggs, Sec., and he had actually transmitted goods to the
firm to the amount of 211., and had received Keel's bill
for 20/., made payable at Messrs. Latouche and Co.,
Dublin, but which he had reason to fear was mere waste
paper, and would never be honoured.
Mr. Dent, a furniture dealer, in Crawford-street, pre-
ferred a charge against the prisoner, who, on the 13th
ult., ordered 171. worth of goods to be sent to him in
South-street, Manchester-square. He was to pay on
delivery, but managed to get possession without pay:
ment. Since his arrest part of the goods, now
nat the
house of the police, had been found in the cellar
house in South-street.
chaTrhgees wereprison expectederwasa againstgainremahnidm.ed for a week as fresh
LAMBETH.
GROSS —John nt
kGartland,
Riddles-
down, dles
wag-
gonerin eRtT T °
theseErLvicTerofA.D;clrgJames
down near Croydon, was charged before
property of hisbefore Mr. Elliott
with grossly torturing a horse,
master.
George Weston, an ex-police sergeant, deposed that,
ae a
head,e
sashed
and t at
line,h t aboutpartnthe
oit.
f
about eleven o'clock that forenoon, he saw the prisoner
drive a team of three horses, with a waggon-load of
lime. The shaft-horse had its tongue secured
the middle, with a noose on thenge end of
jaw to whichsere ewasscrewed
i n tiedit
t a
lroundn the
nothh.edrgeen-d of
e wstak
The horse, at the time, WAS ki( king
violently, and the
prisoner struck it repeatedly with his clenched
nose. Observing the animal was in a shocking fissttnotne, tihtes
tongue, which was hanging out of its mouth to a con-
siderable extent, being very much swollen, and bleeding
profusely from a deep wound caused by the
tightness of
the noose, he (witness) proceeded to the station-house at
Brixton and procured the assistance of a constable, who
took the prisoner into custody. On returning to the
waggon with the constable the cord was in a different
position, and in a manner which put the animal, if pos-
sible, to more pain than before, for the blood was flowing
much more eepi,,usl3 from its mouth, and the prisoner
threw several handfuls of dust on the wound to prevent
the appearance of its bleeding so much.
A police constable corriburated the. evide,:ee of the
last witness.

The prisoner, in reply to the charg , said, the hone
was a regular kicker, and he was obliged to drive him by
the orders of his master. He denied, however, that the

cruelty was to the extent stated by the wituessio.

Weston and the policeman both declared they had not at
all exaggerated the facts, and said, that every person wh
had si.eu the animal were dreadfully shacked at th
cruelty which had been t xi,reised towards. it. Weston
added, that then- was a s. c,.nd horse in the waggon
which was in a very unfit state to be at work, as it had
a large festering sore on its near hip, from which matter
was then exuding, and attended with a quantity of flies,
so that its sufferings must have been very great.
Mr. ELLIOTT, addressing the prisoner, observed it WAS
quite clear he had been guilty of the grossest cruelty he
(Mr. Elliott) had ever heard of ; and the sentence of the
court, therefore, was, that he pay the highest penalty the
law inflicted, namely, 405., or, in default, to stand com-
mitted to prison for fourteen days.
SOUTHWARK.

AN INVETERATE PICKPvCKET.—James Wilson, quit"
a youth, was brought before Mr. Cottingham,
charged
with pieki-g the pocket of a woman ; and, when taken
into custody for that offence, and locked up in a cell,
there robbing a fellow-prisoner of some silver.
It appeared that on Saturday night, a poor woman,
namcd Marks, went to a pawnbroker's shop in the New
Cut for the purpose of redeeming some articles she
had in pledge. While she was waiting to be served in
one of the boxes, she felt a twitch at her side, and im-
mediately caught the prisoner withdrawing his hand
from her pocket, and with the sudden jerk some of the
money she had there fell upon the floor, but sufficient
was found still remaining in his hand to bring home the
charge of felony against him. The prisoner was then
taken to the Tower-street station, and placed in a cell
with a man named Thompson, who, on being locked up
on a petty charge, declared he had no money about him,
and thus prevented the police from searching him, to
take care of whatsoever cash he had about him. In the
course of the night, the prisoner called out from the cell
that his fellow-prisoner was throwing money at hini in
the dark, and he begged to be released from the society
of such a liberal companion. The policeman, on en-
tering the cell, found Thompson asleep, and his pockets
turned inside out, although the prisoner had previously
declared that that person had pelted him with money.
The sleeper was awakened, and he then admitted
that he had concealed the fact of his having money,
never dreaming that he would be deprived
of it in the cell. The prisoner, on the
other hand, was loud in his declarations of innocence,
and boldly stood forward to challenge the most scruti-
nizing search, throwing his jacket and waistcoat open,
and pulling inside out all his pockets. " There," said
he, " I hope I have satisfied you I have not robbed the
gentleman." The policeman, however, was not satisfied
with what was done, and on instituting a further search
he at length discovered a quantity of silver, taken from
Thompson when he was asleep by the prisoner, care-
fully tied up in the corner of the shirt of the latter.
The prisoner, in the most impudent manner, said
that although appearances were against him, yet he was
innocent.

The. prisoner, who betrayed no feeling, was then sent
for trial.

THAMES.

ASSAULT BY AN AMERICAN WITH A BOWIE KNIFE.---.
A man of gigantic proportions, named John Webster,
alias C 7 owther, an American seaman, was brought before
Mr. Broderip, charged with committing a murderous
assault on Edward Connor, a lame man, and attempting
to stab him with a knife.
The American seamen in the port of London are to
the habit of wearing large knives in a sheath, and they
have, on many occasions, used them. The practice ~.10
attended with very great danger, and in this case it
be seen that the prosecutor had a very narrow escape 0'
his life.
The complainant stated that be was at the Pbceni
public-house in Upper East Smithfield, near the Sg•
Katherine Dock. The prisoner was there swaggersnd
and bullying, and said he weighed 9st. 41b., and well%
fight anybody of that weight. Witness observed lila'
the prisoner was the biggest man he had seen for
long time, and he must weigh a good deal more that`
he had stated. The prisoner then struck an old mall in
the tap-room, and wanted to quarrel with him. Wit,l3„,.
remonstrated with the prisoner, who asked him to vo,-
up the quarrel and fight. He told him he was a crifPut
and had lost the use of both legs, and could not ng';
The prisoner said he would take the shine out of any et
—that he was going to spar at one of the booths
in
Stepney fair, and wanted to get his hand in. At last the
brother of witness agreed to fight the prisoner, and 00'
went out and had one round outside the public-house doer.
The prisoner got the worst of it, and came into the tar
room again, and called for some beer. After the prisoner
e
had drunk it he threatened to do for him. After 8,4.;,1hie
further abuse from the prisoner he left the room
room he advanced directly towards
prisoner was absent about an hour and
and dreg and on entering the
knife from his sheath, which was made fast to his waist,
and made a most determined and deliberate attempt .
plunge it into his body. Witness parried the blow, and
:
the point of the knife grazed his jacket, which was l te_
just under the arm-pits, on the left side, cutting Teu
jacket as it slid along. The prisoner was about to malt
another attempt to stab him, when the people in the
room pinioned his arms, and secured him until a police'
man arrived. The witness added, that if the stab made
at him had taken effect, he should have been a dead mall'
Gray, a police-constable, No. 204 H, produced the
knife, a weapon of a formidable description, with a very
sharp point, and said the prisoner threw it away, oppo-
site Butler's-buildings, on his way to the station-house.
The prisoner said he was very drunk on Saturday
night, and his head had been affected by a wound.
Mr. BRoDERIP committed the prisoner, in default of
bail, for trial.

JOSEPH ADY IN THE COLONlES.—Yesterday Mr. Bro•
derip stated that he had received a letter from O.'
Thomas Maddocks, a gentleman residing at Liverpool'
which inclosed one of Joseph Ady's circulars, addressed
to Mr. William Adamson, Barbadoes, from which it aP;
peared that Ady had not conined himself to Gre%
Britain in the selection of victims, and that the peoPi.
in the colonies had been led to expect something cons!'
derably to their advantage, and with the usual res°,;`,,
Ady forwarded a circular to Mr. Adamson on the 141:f
of December, 1843, stating that he could inform him of
something considerably to his advantage on reeeiPt. ,
20s. for his trouble. Mr. Maddocks, in his comrouille'
tion to the magistrate, states that his' relative in Bar"badoes, never having heard of Ady's practices, ws-5,*;
fully impressed with the truth of his information, tes"'
he sent over a power of attorney to receive 100/., Leen.;
tioned in Ady's note ; indeed such was the credulity 0.:
Mr. Adamson, that he presented the money, in case lv
was received, to Mrs. Maddocks, his daughter. 01._„(3
worthy Magistrate's correspondent, however, was "
sufficiently north " to send Mr. Ady the 205., or t°
further trouble himself in the matter. Ady's circuital
extended to India, China, and Africa, and he annoyed
great many of our countrymen in those distant regions
by leading them to expect something to their advantage,
and then disappointing them.