The Sun.
London, England, 1833-11-30 00:00:00

COMMON PLEAS-(THIS DAY.)

(Before the LORD CHIEF JUSTICE and a Common Jury,

HEAD V. BANFIELD.

This was an aciiorrl;tigitthythe plaintiff to recover
a compensation in damages from the defendant, a shop.
keeper, in Marylehone, for publishing a libellous placard,
in which the plaintiff was stated to be concerned with
another p.rson in committing a felony.
Mr. Sergeant JotiEs stated the case for the plaintiff,
and then proceeded to call his witnes.es.

OLD BAILEY SESSIONS.--(THIS DAY

oLD COURT.

Gregorio Guinea, a Spaniard, described in the
Calendar as a soldier, aged 46 was capitally indicted for
feloniously stabbing Domingo Maria Ruiz de la Vega,
with intent to kill and murder him. Tile indictment
contained a second count, la) ing the intent to disable, and
4 third count with intent to do come grits, :us 'Tidily harm.
On the prisoner being placed at the bar, an inter,ireter
was sworn and the indietinent was read, paragraph after
paragraph, by the clerk of arraigns, and interpreted to the
prisoner, who listened with the utmost attention, and
pleaded guilty.
The COMMON SERGEANT directed the interpreter to ask
the prisoner if he knew the nature of the charge against
him, and the punishment he made himself liable to by
pleading guilty.
The interpreter put the question to the prisoner, and
replied that he did not understand the English laws, and
did not know the consequences.
The COMNION SER ;EA NT then said it would be more
satisfactory to him if the prisoner should reconsider his
nurse, and have an opportunity of
pleading before the
Judges.
Shortly afterwards the Judges (Mr. Justice LITTLE
DALE, Mr. Baron BOLIA ND, and Mr. Justice BOSANQOET)
came into Court, when, by the direction of Mr. Justice
LITTLEDALE, theintetpreter explained to the prisoner the
consequences of his pleading guilty.
The prisoner, through the interpreter, desired to with-
draw his plea of guilty, and to plead not guilty.
inquived of the interpreter
what Mr.
1, e Jhuas,ti ct eo
dtiw LITTLEDALEpr
prisoner.
The The interpreter said that he had told him that if he was
tried he would lie recommended to the m-rey of the Crown.
Mr. Justice LITTLEDALE said such a representation was
erroneous, as the Court could hold out no such hopes of

mercy.
Mr. BODKIN said he was instructed to defend the pri-
soner, who had received afull explanation of the conse-
que
was now in Court to watch the Proceedings.
Aln c
r. es
of his pleadingLiTi,DA guilty_ the Spanish Consul, who
Interpreter, tell the prisoner
Justicein
that whether he pkads guilty or not guilty he is liable to
be hanged.
The interpreter did so, and said the prisoner pleaded
not guilty.
It was said that the interpreter did not correctly com-
municate with the prisoner, upon which the Vice-Cowul

was desired to inform the prisoner 01 the precise situation
in which he stood.
The Vice-Consul having done so, informed the Court
that the prisoner left himself to the mercy of the Judges
and Jury.
Mr. Justice lArruznatt —Does he plead guilty ?
The Vice-Consul—He says criminal, or guilty, from
his heart.

Mr. Justice LITTLEDALI—Ask him if be pleads guilty
of his own free will, or under the expectation that mercy
will be extended to him.

The Vice Consul—He says he leaves himself in the
hands of the Almighty.
Mr. Justice LITTLEDALE-Tell him the Court has no
power to recommend him to mercy, and ask bim what be
now pleads.
The Vice Consul—He says he leaves himself in the
hands of the Almighty, and pleads Guilty.
Mr. Justice LITTLEDA LE-Let the plea of Guilty be
recorded.

Mr. CLARKSON begged to inform the Court, that the
offence to which the prisoner had just pleaded guilty,
arose out of a misapprehension on his part that the pro-
secutor had the control and administration of a fund
placed in the hands of Lord Fitzroy S imerset, under a
Treasury warrant, for the relief of Spanish emigrants.
The prosecutor begged it thus publicly to be stated, for
the information of his countrymen, that he had no control
whatever of the fund, and with this statement also to
express a hope that the life of the prisoner would be
spared.
Mr. BODKIN said the prisoner admitted he committed
the offence under this misapprehension while in a state of
phreczy. He felt great contrition for the outrage, and
was sensibly grateful fur the recommendation of the
prosecutor.

The prisoner was them removed.
Jeremiah Barrett was capitally indicted for feloniously
stealing, while in the employ of the General Post-office,
as a letter-carrier, a letter containing three soveleigus,
the moneys of the Dowager Countess of Winierton.
Mr. ADOLPHUS, with whom was Mr. SHEPHERD,
stated the case to the Jury on behalf of the prosevution.

The Dowager Countess of Winterton, who sat upon
the Bench, examined by Mr. SHEPHERD—Was resident
in Brighton in the month of October last. Witness
inclosed, on the 22 f October, three sovereigns, wrapped in
and pinn d to the letter in silver paper in the letter pro-
duced, to a Miss Louisa Cowles, which letter witness
sealed, and gave it to the footman to put into the pod.
The letter was directed to 1, Manchester street, and it
now appears directed to No. 11. Teat alteration has
been ma ,e since I sent it to the post-office. Siw the
letter again at Bow-street. I• was not in the sane con-
dition as when it was sent to the post, but could not
swear it. The No. 11 was then on it. It was opened
at Bow-street, and cannot swear that the seal appeared
as if it hail been touched. When it was opened the three
sovereigns were in it, but the piece of silver paper was
gone; it bad been taken out.
Cross•examined by Mr. STAUNNERS, who defended the
prisoner—The sovereigns were found in the letter at
Bow-street. Cannot tell whether they were the same as
witness inclosed in the letter at Brighton. There is now
the appearance of a pin hole on the litter. Witness was
in a great hurry when she sealed the letter, but thinks she
pinned the silver paper containing the sovereigns to the
letter. The letter was sealed with the impression of a
seal cut with a plough on it, and witness had no doubt
that the impression of the seal now on the letter is the
identical impression she made at Brighton. The motto
" Speed the" are on the seal, with the plough underneath.
Witness has no doubt she used black wax, as she was in
mourning at the time. To th• best of witness's recollec-
tion, she only put one figure 1 to the address of the letter.
Charles Court examined by Mr. Anourians—Was
footman with Lady Winterton at Brighton, and received
horn her Ladyship the letter to give to the coachman to
put into the Post Office. Witness gave it to him in the
same condition that he received it. Her Ladyship said to
witness it was a tra.tney letter. It was addressed to Miss
Louisa Cowles, I, Manchester-street, London.
Cross-examined by Mr.STAUNNYRS—Was not examined
at the Police-office.
George Teale examined by Mr. SHEPHERD—Was
coachman on the 2241 of October to Lady Winterton, and
received the letter from the last witness on that day,

which witne.s put into the Poet. office at Brighton between
seven and eight o'clock in the evening. WitneFs identified
the lever, hut proved the alteration in the number to
which it was addressed. The letter contained money.
In his cross-examination nothing material was elicited.

W. Graves proved that he was a clerk in the General
Post Office, and that money letters on arriving are, by
the custom of the office, entered in a book. Oa the 23d

October, witness finds an entry, in his own hand writing,
of a letter from Brighton, addressed ‘' Miss Cowles, 1,
M.tochester-street. 'Witness makes out a receipt for the

. _
letter carrier to get signed by the person to whom the letter
is directed, and those receipts are sorted as letters, and
distributed amongst the carriers, and witness gives the
letter when the carrier produces such a receipt to witness,
and the carrier signs the book in which the entry is made.
Tar prisoner has •iened the book for the letter in question.
Cro,s-ex twin, dhy Mr. STA N N rakes are some
times mime even in the Post Office. Letters are entered
in a very ba,ty manner, as witness may have from 50 to
150 letters to enter in an hour and a half. On the morning
in question witness entered 75 letters.
Miss Louisa Cowles, examined by Mr. ADOLPHUS...-.

In Oct. 22, lived with my mother at No. 1, Manchester-
stre,t, Manchester-square, and expected a remittance of
31. from Lady Winterton at Brighton Did not receive
any letter from her Ladyship on the 23d October, nor the
money.
Cross-examined by Mr. STAUNNER.S.-Dr,es not know
for what purpose the remittance was to come. It was
not for a debt due to me from Lady Winterton, nor was

it a present. It was sect to me on Lady Winterton's
brother's account, and if I bad got it I should have done
with it what I chose.

Mr. ADOLPHUS objected to the course of cross-exami-
nation, as it would open facts quite dehors to the present

inquiry.
Mr STA UNN ERS contended that he had a right to pur-
sue that course in order to show in whom the property was
vested, in order to see if the counts of the indictment were
supported.
In answer to the Court the witness said she should
have kept the money, had she recovered it, to lay it out
as she pleased.
By Mr. STAUNNERS-The money would have been a
present from Lady Winterton's brother to me. Never
went by any other name than Louisa G-orgiana Cowles.
Mrs. El zabeth Co ales examined by Mr. AnoLruus.--
Is tnather of the last witness, who lived with her in
October last. On the 22d of October expected a remit-
tance from Lady Winterton, but never received it. Wit-
ness spoke to the prisoner on the subject on the 31st of
October. Witness asked him if he had a letter addressed
to Mr. Cowles, No. 1, Manchester-street. He said no,
he did not know a lady lived there of that name. He
did not tell me he had a letter of that name directed to
No. 11, in that street; but he said he would do all in
his power to inquire about it and let me know the following
morning. Saw him next day ; he said to witness at the door
end he was very much affected, " I am very uneasy
about your letter; I have signed for your letter, and must
have had it ; and I have either mislaid i►, or given it to
Mr. Hart by mistake. Mr. H ,rt is a gentian in living in
the same house with witnessawho is in the habit of receiving
a great many letters in a morning. Witness observed that
Mr. Hart was then out of town, and asked if he had got
the letter. The prisoner said he hail not, but by possi
bility it might, by mistake, have been given to him.
Witness told him he had written to the General Post
office, on the subject, and prisoner said that he was sorry
that witness had done so. He requested witness to write
to Mr. Pritchar t at the office, saying that no blame
attached to him, the prisoner, and he would then look
for the letter. He promised to call again the following
morning, when he came his rounds with the letters. II
said he would rather make up the money thad lose his
situation. He then went away. He called next day,
but did not see him until witness WiDt to the
General Post-office to complain. Witness had waited tilt
eleven o'clock in the moaning, and it teas after that hour
the prisoner called at witness's house. The pr saner was
brought before the w toe-s at the Post-office, and pulled
the letter out of his pocket immediately, and gave it to
Mr. Peacock, the solicitor to the Post-office. He was
examined by Mr. Peacock, and the prisoner said he had
kept the letter so long because he did not know he bad it.
He said he had offered it at Nu. 11 to a telltale, and that
it was refused there.
Cross-examined by Mr. STA [INNERS-Never inquired
for her daughter's letter from the prisoner. Had been in
the h..bit of receiving money fur her laughter, which
witness considered as her property, because her daughter
is under age. Never lived i❑ Lady Winterton's se, vice.
Th- money was sent to be applied to the education and
suppoi t of witness's daughter.
Toe witness was under cross-examination when we
went to press.