The Sun.
London, England, 1851-09-20 00:00:00

SATURDAY EVENING) SEPTEMBE

LAW INTELLIGENCE.
JUDGES' CHAMBERS, Sept. 19,
(Before Mr. Baron MARTIN.)

TO BAIL.

Mr. HUDDLESTONE pointed out an authority in a
case in Archbold, that a judge had power to admit to
bail at any time.
The Learned JUDGE said the matter bad been
mentioned to him by Mr. Sill, in connexion with the
former application, and he certainly thought it would
be better that the defendant should have the opportu-
nity of putting in bail, and had stated that he would
attend at the chambers for that purpose.
Mr. HUDDLESTO.NE said they were perfectly ready
to put in bail ; the objection of the magistrates bad
arisen under a mistake.

The Learned JUDGE said that the best course
would be that notice should be given to the other side
when the parties were ready to attend him for the
purpose of putting in bail, with the names of the bail,
and he would come down on purpose ; and then, after
hearing both parties, dispose of the whole question.
Mr. HUDDLESTONE acquiesced in the course sug-
gested, which was agreed to ; and the parties with-
drew.

INSOLVENT DEBTORS' COURT, Scpt. 19.
(Before the CHIEF COMMISSIONER.)
IN RE THOMAS ARROWSMITH PARRALL.
The insolvent was opposed by three creditors in
person, and was supported by Mr. Sargood.
Mr. Float, a milkman, complained that he had
supplied the insolvent with milk, wood, &c., to the
extent of 121, believing that the house in Craven-
street, Strand, where the insolvent lived, was his
house, but now it appeared the house and all the fur-
niture belonged to the son.
Mr. Painter, a butcher, and a creditor for about
101, said he had always considered the insolvent was
the master of the house (a lodging-house) in Craven-
street, and he never heard of the son until he went to
the County Court to commence proceedings for the
recovery of his debt.
Marshall Perkins Farrall, the insolvent's son, was
examined, and stated that he was a clerk in the Ge-
neral Post-office, and the lessee of the house in
Craven-street, which he had taken to let out in lodg-
ings, and the furniture and property there belonged
to him.

Mr. Tompkinson, pianoforte manufacturer, who
stated that he had recently retired from business,
complained that about twelve months ago the inset-
vent's wife and daughter, being recommended by a
lady who lodged in their house, purchased a piano-
forte for 351., and desired him to draw at six months
upon Mr. Farrall for the amount, which he did, and
the bill was returned accepted, as he then believed, by
the insolvent. Subsequently witness discovered that
the bill was accepted by insolvent's son, a youth nnder
age, and then applied to the insolvent, who gave his
own acceptance in lieu of his son's bill.
In answer to the Learned COMMISSIONER, the in-
solvent said the pianoforte was at present in the hands
of a Mr. Sanders.
Marshall P. Farrall, the son, was then recalled, and
stated that he had deposited the piano with Mr. San-
ders, a hosier in the Strand, as security for a bill on
account of money lent.
The COMMISSIONER—And what business had you,
under age, to buy the instrument, having no means ?
Witness—l have means. I have a salary of 1401. a
year.

- The insolvent said, being in the country at the
time, he knevv:nothing of the purchase of the piano-
forte until he found it in the house, when hearing that
his son had bought it he sent for Mr. Tompkinson,
and told bim that there would probably be a diffi-
culty about the bill, as his son was a minor, and
begged him to take the instrument back, offering to
pay any reasonable amount for the temporary hire of
it, but Mr. Tompkinson refused.
Mr. Tompkinson positively denied that the piano
had ever been offered back to him, or he would have
gladly taken it. Upon finding that the young man
was under age witness took every means to meet with
the insolvent, and at last succeeded, when the latter
said if four months' additional time were allowed be
would give his acceptance, which he did, and the son's
was returned.
The insolvent repeated that both he and his wife
had offered the instrument back to Mr. Tompkinson,
who refused to take it.
The CnlEr COMMISSIONER—You and I, Mr. Tomp-
kinson, are both old men. Now, are you sure your
memory does not fail you on this point ? Mr. Tomp-
kinson—l am within two years of 90, but I am pretty
certain that I have told the truth.
This announcement of the witness's advanced age
caused general surprise, as from his activity of
thought, action, and expression, few persons would
have assigned him more than two-thirds of his real
years. _ _

Mr. SARGOOD addressed the Court for the iusolven

urging that no case had been made out to require a
prolongation of the imprisonment.
Mr. Tompkinson said he had no desire to press se-
verely against the insolvent, and would leave the mat-
ter in the hands of the Court.
The CHIEF COMMISSIONER said questions in this
court were between debtor and creditor, and not
criminal questions ; therefore, after what had fallen
from Mr. Tompkinson (who seemed, to use a plain
word, which sometimes best expressed one's meaning),
to have been " swindled" out of his pianoforte, the
Court was not called upon to deal with that matter.
As to the other customers they appeared to have been
in doubt as to who was really their debtor, and very
naturally complained of an arrangement whereby the
father took the debts and the son kept the property.
The insolvent was then sworn to his schedule, and
upon his being called up for judgment,
The Learned COMMISSIONER said he felt very con-
siderable difficulty in dealing with the matter. They
appeared to be a very dishonest set, the father, son,
and females of the family, as far as he could judge
from the statements respecting the obtaining of Mr.
Tompkinson's pianofore ; but as that creditor had
withdrawn from pressing for an adverse judgment, and
as it was possible that the debts of the other creditors
had been contracted in the ordinary way of dealing
with tradesmen, he (the Chief Commissioner) did not
feel himself perfectly satisfied that such a case had
been proved as to compel him to pronounce an adverse
judgment, and therefore he very reluctantly should
adjudge the insolvent entitled to the benefit of the
Act and to his discharge forthwith. " But," added
the Commissioner, addressing the insolvent, " unless
you take care, and unless that young son of yours
takes most abundant care, depend upon it nothing
but ruin and shame await you."
IN RR JAMES CHARLES JOHNS.
This insolvent, a person of sporting habits, was
heard before Mr. Commissioner Law on the 2d ult.,
when he was opposed by Mr. Dowse and Mr.
Macrae for various creditors, and was supported by
Mr. Cooke.
Upon the first examination Mr. Macrae submitted
that, as the insolvent's chief means of livelihood, as
appeared from his balance-sheet, had arisen from
buying and selling race-horses and betting upon horse
races, the description of " no business or occupation"
was incorrect, and ought to be amended by stating
that he had sought a livelihood by speculating in
horse races.

Mr. Commissioner LAW thought the objection was
good, and ordered an amendment of the description,
and a re-advertisement in the terms propounded by
by the Learned Counsel.
Upon examination it appeared that the insolvent had
married the widow of the late Major-General Cle-
land, who possessed a private income, settled upon her-
self one day prior to the marriage. Mr. Coates, one
of the opposing creditors, had supplied wine to the
late General, for which 231. was due, and afterwards
supplied wine to the widow before her union with the
insolvent to the extent of 501. or 60/., on account of
which he and his wife had been jointly sued, and the
former was now in custody at Mr. Coates's suit.
Upon the case being called on to-day,
Mr. DOWSE said he was instructed by his client to
withdraw from further opposition.
Mr. MACRAE sail an offer of settlement had been
made to his client, upon condition of the insolvent's
prior discharge, which could not be consented to.
In answer to the Learned Counsel, the insolvent
said his wife had a pension of 2001. a year from the
Bombay Military Fund.
The Oilier COMMISSIONER then read the judgment
recorded by Mr. Commissioner Law, who remarked
that while it was very proper that the wife's income
should be protected against the insolvent's debts, it
was not quite right that it should be protected against
her own. As to the insolvent, six months' remand
was absolutely necessary fur a man who had been
living as he had been doing, having been four times
insolvent in twelve years. In common justice to
tradesmen, notice must be taken of such a case, and
therefore the insolvent would be discharged at the
expiration of six months from the date of his vesting
order, under the discretionary clause.

CENTRAL CRIMINAL COURT.
OLD COURT.
TRIAL OF BENJAMIN COLE FOR M AN-
SLAUGHTER.
(Continued from our Afternoon Edition of yesterday.)
Mr. Sergeant %VILKINS addressed the jury on behalf
of the prisoner.
Mr. Justice TALFOLIRD then carefully summed up the
whole evidence.

THE QUEEN V. BROOME AND OTHERS, IN THE MATTES
OF THE APPLICATION OF STADEN TO BE ADMITTED

Mr. flunni.EsToza applied to the Learned Baron
for leave to issue an order that bail should be put
in before his Lordship at chambers, for the defendant
Staden, without the defendant being brought up on a
writ of habeas corpus, and without forty-eight hours'
notice of bail ; notice of the same bail having been
given to the solicitor for the prosecution, but refused
by the magistrates.
Mr. Baron MARTIN inquired what authority he had
for doing so; unless it was shown he had the power,
he would not act.

Mr. Marshall, the chief cashier in the Bank of
England, deposed that he received a letter from Liver-
pool, signed "John Tomline' " and containing the
second bill for 501., for which the writer requested
that a 501. note might be forwarded to him, at the
Post-office, Liverpool. As the forgery of Mr. Tom-
line's signature had been by this time discovered, an
answer was sent, by the advice of Mr. Mullens, the
solicitor, to the effect that, in consequence of the risk
attending the transmission of money through the post-
office, they advised him to apply to the branch bank
at Liverpool for the amount, producing witness's
letter as the authority for the payment. The prisoner,
however, did not adopt this suggestion, and a subse-
quent effort to get the money paid into a London
bank was, of course, equally unsuccessful.
Sergeant Whicher, of the detective police, proved
that he traced the prisoner, by watching the course of
a letter left for him in Cunningham-place, St. John's-
wood, and subsequently posted by a servant girl, to
Foregate-street, Chester, where witness apprehended
him next day. He denied all knowledge of the bills,
but duplicates relating to the watch and ether arti-
cles referred to by the above witnesses were found in
his possession.
The prisoner reserved his defence for the trial.
THAMES.
A morose-looking fellow, named Patrick Lavin,
an Irish "duffer," who is well known to the police,
and has been twice summarily convicted for brutal
assaults, was brought up on remand charged with
wounding and attempting to murder David Jones, a
police-constable of the H division, 162, whose life
was despaired of for several days, and who was led
into court in a very weakly condition. His head was
bandaged, and he looked very pale.
Jones stated as follows :—Last Friday morning,
the 12th of September, about two o'clock, I was
passing over my beat in Glasshouse-street, Rosemary-
lane, when I saw the prisoner standing at the corner
of a court, and he immediately, without saying a
word, and without the least provocation on my part,
struck me a severe blow with his fist on my face,
which cut my lip and caused my mouth to bleed
profusely. I followed him down the court for
the purpose of taking him into custody, on which
he took up a large brick or stone, I don't know
which, and hurled it at my head. It broke into
two pieces, and missed me. The prisoner took up
one of the pieces and threw it at me again, and it
struck my hat. I directly caught hold of the prisoner,
and he seized me at the same time and said, " Let go,
you ---, or I'll put five inches of steel into your
guts." He threatened to throw me down, but,
failing in doing so, tripped me up, and I brought him
down with me. We had a deal of up and down fight-
ing for some time, and he frequently kicked me and
uttered dreadful imprecations, and swore he would
kill me if I did not release him. At last, while I
was down, another man came behind me and kicked
me, and dragged me away, and then I found my
staff, which was taken out of my pocket, in his hand,
and a person held me behind and said, "Now lay into
him," and the prisoner struck me several times on the
head with the truncheon. They were dreadful blows,
and my head was cut open in several places. I became
quite senseless, and bled very much.
Mr. YARDLEY ordered the depositions to be for-
mally taken, and after they had been read over by
Mr. Pyer, the clerk, committed the prisoner for trial,
WANDSWORTH.
Spencer Ansell, aged 28 years, a warehouseman,
was brought up on remand before Mr. Paynter,
charged with embezzling various sums of money,
amounting to upwards of 1001., the property of Mr.
Charles Francis and Sons, the proprietors Of cement
works at Nine Elms and Great Scotland-yard.
tl d
oco an -yard.
Bail was offered for the appearance of the prisoner,
and

Mr. PAINTER consented to accept two good sure-
ties in the sum of 501. each, and the prisoner in 1001.,
for his appearance oa Friday next. He should re-
quire twenty-four hours' notice.

The jury retired at half-past five o'clock, and after
nearly an hour's deliberation returned into Court with
a verdict of Not Guilty.
The announcement was received with a alight demon-
stration of applause.
This concluded the business of the sessions.

POLICE INTELLIGENCE.
GUILDHALL.
Maria Fisher was brought up on the charge of
attempting to commit suicide by hanging herself in
her garters.
Police-constable 111 said,—About ten minutes to
two o'clock this morning I heard cries of "Police"
and proceeded in the direction the cries came from to
ascertain what had occurred. I found the prisoner
standing in the water-closet. Her husband was with
her, and told me he had just cut her down, and
wished me to take her under my care, as the had at-
tempted to destroy herself on two or three previous
occasions.
Sir P. LAURIE—I shall send this case for trial.
Husband—l hope not, Sir. For my sake I hope
you will not do that your Worship. I believe it was
done in the height of passion, because the landlady
put the broker in and seized our goods for the paltry
amount of 3s. without making any previous demand
for the money.
Landlady—l am obliged to do it, Sir Peter, for I
never can get any rent from them.
Sir P. LAURIE--I have nothing to do with that.
To the prisoner—I understand that this ma❑ is your
second husband, and that he has had your money out
of the savings-bank ? Prisoner—Yes, Sir, that is
quite true.
Sir P. LAURIE—Has he had all your money ?
Prisoner—Every farthing, Sir, and spent it.
Sir P. LAURIE (to the husband)—And you come
here, and ask me to treat this woman leniently for
your sake after robbing her of all her hard-earned
savings.
Husband—She is my wife, I could not rob her.
Sir P. LAURIE—I am surprised how you can have
the impudence to come before me with such an excuse
for taking away her money.
Sprineate, the gaoler—The prisoner was in custody
at this court some time ago, and was fined. Her
husband drew all her money, about 301., which was
in the savings-bank in their joint names, and then
brought it here to show her. She was surprised how
he obtained it without her signature, but he refused to
tell her, and, after paying the fine, he told her she
might go where she liked, for he should spend the rest
of the money.
Sir P. LAURIE—Then, insteal of adding to her
little store, he has spent all her savings, and now pre-
tends to entertain an affection for her. I shall re-
mand this case till Saturday, and in the interim the
depositions may be prepared for her committal.
BO IV-STREET.
Edward Henry Poyntz, a young man, formerly an
officer in the army, was re-examined before Mr.
Henry, on several charges of forgery.
The prosecution was conducted by Messrs. Bush
and Mullens, solicitors to the Bankers' Protection
Society; and Mr. Wontner defended the prisoner.
John G. Dodd, a clerk to Messrs. Coutts and Co.,
the bankers, produced a letter purporting to be signed
by " J. Tomline," and dated, " Post-office, Birming-
ham, Feb. 13." This letter was received at the bank
on the 14th, and, in compliance with the directions
contained therein, witness prepared instructions for
making out a bank post-bill for 501., which was after-
wards sent to Birmingham by post the same evening.
Witness knew that a gentleman named J, Tomline
had an account at the bank.
E. W. Stanley, another clerk in the same establish •
ment, stated that Captain Towline had banked with
Coutts and Co. for many years, but the signature to
the letter and orders produced were not in his hand-
writing. There was some resemblance in the style,
but not enough to have induced witness to attend to
such an order if he had seen it, especially as Captain
Tomline always signed his Christian name in full.
John Aaron, a pawnbroker at Birmingham, deposed
to having received the bank post-bill in question from
the prisoner in March last, in payment for a watch,
chain, ring, and some other articles purchased by him
o❑ that occasion. He represented himself as Captain
Stanhope, and endorsed the bill with that name.
Mr. Yolk, of the Western-road, Brighton, identi-
fied the watch purchased of the last witness as one
which the prisoner brought to him in March last, with
instructions to gild the dial and case for him, which
was accordingly done.
George Corsby, watchmaker and jeweller, of Bath-
place, New-road, deposed that he received the watch
on the 3d of July last from the prisoner, who called
himself Captain Poyntz. The watch was exchanged
in a business transaction. Witness had done business
with him on two previous occasions.
James F. Cooper, clerk to Messrs. Cocks and
Greenwood, army agents, used to see the handwriting
of the prisoner, some years ago, when he was a
Captain in the 59th Regiment of Foot. The signa-
ture "J. Tomline" resembled his (the prisoner's)
style of writing.
Owing to the absence of Captain Tomline, who is
detained by illness at Brighton, the evidence could not
be completed, but the other witnesses were bound
over in the usual way.
Another case was then proceeded with.
It was proved that in June last two other bank
post-bills, each for 501., were obtained by the prisoner
from Messrs. Coutts and Co., also in the name of " J,
Tomline." They were forwarded to the prisoner at
Windsor.
The preparation of the post-bills, upon the instruc-
tions of Coutts and Co., were proved by Mr. Arrn-
stead, a clerk in the Bank of England.
Mr. Corsby, the witness in the previous case,
proved that one of these bills for 501. was received by
him from the prisoner on the 3d of July, in payment
for a gold watch, a brooch, &c., the difference in the
amount being paid to him in cash.
James Bollington, assistant to Mr. Fisher, pawn-
broker, in Walworth, produced the gold watch and
brooch, which bad been pledged at his employer's
shop.