The Sun.
London, England, 1833-10-05 00:00:00

MIDDLESEX INTERMEDIATE SESSION S

(THIS DAY.)

(Before B. ROTCH, Esq., and a Bench of Magistrates.
EXTENSIVE SWINDLING AND CHARGE OF FELONIOUS

RECEIVING.

This day being appointed for the trial of Henry Palmer,
chareed with feloniously receiving 10 bills of exchang,
for 5,0001. knowing them to be stolen, long before the
usual hour the Court was etce9sively crowded.
At 10 o'clock B. RoTCH, Esq., the Chairman, accom-
panied by Sir Charles Forbes and several other magistrates,
entered the Court.
The prisoner, who was very fashionably attired, on
being brought in the dock, bowed respectfully to the Court.
The indictment in the first count charged the pi ironer,
together with John Kinnear, whose name bas been often
before the public with having feloniously received 10 hills
of Exchange, drawn for and purporting to be of the value
of 5001. each, with intent to defraud Francis Dugdale
Astley, El., Palmer well knowing them to have been
stolen. There were several other indictments varying the
form of the charge, the 4th indictment charged the
p-isoner with receiving 10 stamped pieces of paper written
upon as f Mows :
Accepted—Francis Dugdale Astley. Payable at Messrs.
lraeds and Co., Bankers, Fleet-street, London.

The prisoner surrendered a few days ago, and has since
temained in custody. Kinnear has not yet bee❑ taken,
and there are several other indictments against other per-
3ons, among whom John Minter Hart, as the principal,
of whose name the public have heard a great deal lately.
Mr. ADOLPHUS for the prosecutor, with whom was
Mr. CLARKSON and Mr. PHILLIPS, immediately on the
prisoner being placed at the bar, stated that he was in-
structed to move, upon the affidavit of Mr. Astley and
Mr. Dugdale, that the trial might be postponed till the
next sessions (a period of little better than a week). The
ground on which the Learned Counsel ventured to make
the application, which he trusted would meet with the ap•
probation of the Court, was the absence of three of the
parties implicated, who would be very material witnesses
on behalf of the prosecution. Those three persons were
named Bond, Tucker, and Gordon, and the prosecutor in
his affidavit had sworn that it was impossible to proceed
with the trial with any chance of success without them,
and that every exertion had been made on his part to
serve them with subpoenas, but without success. Bond
had described himself as residing at 25, Union•st. Hoxton.
On application at that place the hou•e was discovered to
be deserted ; Jane Tucker could not be found, and Gordon,
who resided at Seymour-street West, was kept out of the
way, no person but his wife being to be seen. These cir-
cumstances, the Learned Counsel trusted, would induce
the Court to postpone the trial, as in the interim the
persons might be found and compelled to give evidence.
If, however, that was not sufficient, he begged to remind
the Court that John Minter Hart, who was not in custody,
was indicted as a principal; the delay might kid to his
capture, for which a large reward bad been offered, and
the Court would then have the greater portion of the cut..
prits before it.
The affidavits of Mr. Astley and Mr. Dugdale were then
read, which detailed, in more voluminous terms, the facts
stated by the Learned Counsel.

Mr. PRENDERGAST, for the prisoner, opposed the appli-
cation. He submitted that the necessary inquiries had
not been made with respect to the witnesses who were
thought so material for the prosecution, and that there
was not the least proof that they ever expected to be able
to bring forward any of the witnesses, whom they thought
so important. With respect to the Liverpool witnesses,
Bond and Tucker, the prosecutor bad indicted them for a
conspiracy, and bad in his possession at the present mo-
ment warrants for their apprehension; and yet he had
daring enough to come before the Court and tell it that
he had endeavoured to subpoena them as witnesses, but
could not discover their residence. The Learned Counsel
observed that the prisoner was anxious for his trial to
take place, feeling confident of his innocence. He would,
however, leave the case in the hands of the Court, whom
he trusted would deal with it as it deserved.

Mr. ADOLPHUS, in his reply, stated, that he cordially
concurred with the last observation of the Learned Counsel
for the prisoner, and joined with him in hoping that the
Court would deal with the case as it deserved.
The CHAIRMAN said, that as the trial, if it had taken
place in any other county, could' not by possibility have
come on before the period to which its delay was asked
on behalf of the prosecution, and in the absence of all
allegations on behalf of the prisoner of inconvenience, the
Court were unanimously of opinion that it ought to be
postponed to the next session.
Mr. PRENDERGAST trusted that, under all the circum-
stances of the case, the Court would admit the prisoner to

The CHAIRMAN thought enough had occurred in Court
that day to make it apparent, to any reasonable man, that
the adoption of such a step was impolitic.
The prisoner (with greit emphasis)—They will never
offer any evidence against me. They will never dare to
put Astley in the box. They have not a tittle of evidence
against me.

Mr. Anomrus—You are rather premature, prisoner,
in stating that the prosecutor has no evidence against you.
If he has not you will, on the day you are put on your
trial, walk out of the box and be at liberty.
The prisoner—Yes, I know that ; but there is no
banks to the prosecutor for it.
The prisoner was then removed from the bar, and the
vial ordered to stand over to the next sessions.

THE FUNDS.-(THIS DAY.)

CITY, TWELVE O'CLOCK.

His Majesty's ship Savage has arrived from Lisbon
with the mail of the 18th of September, and sailed from
off Opor:o on the 24th of September. She brings the
Lisbon papers from the 16th to the 19th of September.
One of them contains the account of the reported battle
on the 14th of September, whisk turns out to be only a
trifling attack. It states that from four to five thousand
of Don Miguel's troops advanced on one of Don Pedro's
batteries, which was defended by the Lisbon Volunteers,
who were obliged to retire, owing to the superior force of
the enemy ; but other troops coming up to their assist-
ance, as well as the Don Pedro frigate, which kept up a
severe fire on the Mieuelites, compelled them to retreat
with a loss of forty-eight killed, and from two hundred to
two hundred and fifty wounded. By the account it ap-
pears to be a skirmish of little importance. The remain-
ing part of the Lisbon Papers are filled with addresses.
By the French Mail this morning, it appears that the
Moniteur contains a detailed account of the various at-
tacks made by the Arabs at Mostaganem, from the 3d to
the 9th August. At the latter date the Arabs broke up
their camp, after having experienced a considerable loss of
men. According to that account, the Arabs fought most
desperately ; and on theist of September they made a new
attack, which lasted from four o'clock in the morning till
nine in the evening, but were again repulsed.