The Sun.
London, England, 1856-11-22 00:00:00

THE GREAT NORTHERN RAILWAY

LA W INTELLIGENCE.—Nov. 21.

VICE-CHANCELLORS' COURTS.
(Before Vice-Chancellor Kindereley.)

TRIMMER, V. DANBY-TRIMMER V. TURNER--TRIMMER V.
TAPPER-MR. TURNER'S MONUMENT IN ST. PAUL'S CA•

THXDRAL.

This was the petition of Mr. Trimmer, Mr. Jones, Mr.
C. Turner, Mr. P. Hardwick, Mr. Harpur, and Mr. H.
A. J. Munro, the trustees of the late celebrated artist,
Mr. Turner, R.A. • The object of the petitioners was to
obtain the residue of a sum of 1,2411., after payment of
costs, to enable them to carry out the deceased artist's
wish to have a monument erected in St. Paul's Cathe-
dral, where he desired to be buried "among his brothers
in art."

Mr. W. H. Terrell now stated that the trustees wished
to be quite unfettered in the mode by which they could
carry out Mr. Turner's wishes. It was not necessary to
have any scheme, as that would diminish the fund, and
the case before the Court was not one of charity, but
merely one in which trustees were about to incur what
might be deemed funeral expenses. Mr. Hardwick,
Mr. Jones, Mr. Turner, and Mr. Munzo were all con-
nected with the arts, and circumstances might arise in
the progress of the erection which might render it de-
sirable that the executors should not be fettered with
any positive scheme. It was likely that tenders for
designs might be invited, and prizes awarded for the
best ; but all the petitioners asked was the sanction of
the Court to enable them to be unfettered in their dis-
cretion. _ . .

The Vice-Chancellor wished to leave the trustees as
unfettered as possible, both as to the design and the
erection of the monument. At the same time, before
the money which was carried to the account of the
monument was paid out, he thought there ought to be
something to show that there was a schema in progress,
at least, if not completed, for erecting the monument,
and what was likely to be the expense. He must not
be understood, however, as wishing to exermse any
control over the executers as to the monument which
they meant to erect. On the contrary, he should decline
the office.
Mr. Terrell said thelwhole amount would be expended
in that object,. but the trustees were afraid that if in-
quiries were directed the fund would be diminished by
the costs expended in chambers.
The Vice-Chancellor thought tho expenses at chambers
could not possibly be more than very triging, possibly
101. or 201. It was not his wish to see plans ordesigns ;
be should decline the office of judging of them, if it were
proposed to him. But it was the duty of the Court to
traoe the money into the hands of the trustees. It
might be desirable that the trusteee should come before
him when their scheme was matured, and they would be
able to say what the cost would be. But he had no
wish to fetter their discretion. It might be better that
the petition should stand over, to enable the trustees to
consider this, and they need lot doubt that he should
gladly give them ample authority relating to the designs
and the power of calling for tenders. lie would himself
deal with the case at chambers. He wished the trustees
to understand that it was not in the least his desire to
exercise any control over the artistical design ; but,
before the money was paid out, it was right the Court
should have some tangible evidence of what it was
wanted for.

COURT OF EXCHEQUER.
(Sitting in Banco.}
THE EARL OF LIMAN V. SMITH.

Mr. Field applied for leave to plead two pleas in this
case, which was an action for an alleged libel in the
_Daily News on the noble plaintiff soon after the termi-
nation of the Chelsea inquiry. Toe defendant proposed
to plead "Not Guilty," and a special plea setting out
all the facts relating to the appointment of the commie-
sioners, and in substance alleging that the article in
qnestion was a fair comment on the inquiry in question.
Mr. Lush appeared to show cause in the first instance,
and rested his opposition to the second plea on the
ground that it was in effect a plea that the article was
only a fair comment on a public matter which was prov-
able under the general issue. All the matters set out in
the plea were irrelevant, and, moreover, incapable of
proof. The whole matter pnt in issue in the special
pie:" would arise under the general issue. It was not,
therefore, competent to the defendant to plead the special
plea:
Mr. Field. in reply, insisted on the propriety of allow-
ing the defendant to place the facts set out in the second
plea on the record.
Mr. Baron Alderson —You might as well put " Chevy
Chase" on the record.

The Court intimately gave leave to the defendant to
plead the general issue, and so much of the second plea
only as set forth the fact that the alleged libel ware only
a fair comment, in a public journal, on the public acts of
a public man.

Pule nisi accordingly.

COURT OF COMMON PLEAS.
THE NEW CHIEF JUSTICE.

Sir A. Cockburn was this morning made a sergeant,
preliminary to his taking his seat as Chief Justice of this
court. His lordship made his appearance at the bar
shortly before half-past 12, dressed in full sergeant's cos-
tume, and the judges assumed their black caps. Taere
were also upon the bencli Lord Campbell, Mr. Justice
Coleridge, and Mr. Justice Crompton. The process of
counting was gone through in the usual form, the gen-
tlemen taking part in it being Sir Alexander, Mr. Ser-
geant Manning ('.Le Queen's ancient sergeant), and Mr.
Sergeant Channel!, and the seniormaster, Mr. Cancelkr.
After tie counting had been gone through, " Brother
Cockburn" was asked if he had anything to move; and
he having bowed to the bench in answer, soon after re-
tired from the bar. The court was much crowded by
barristers and others desirous of witnessing the cere-
mony.

COURT OF BANKRUPTCYI

THE GREAT NORTHERN RAILWAY FRAUD-REDPATH IN

BA.tiiiRtPTCY.

A petition for adjudication in bankruptcy has been
presented against Leopold Redpath by Messrs. Law-
rence, Flews, and Boyer, and Mr. Woodgate, on behalf
of Messrs. Field and Co., stock and share brokers.
This being the second bankruptcy, of course, if an ad-
judication takes place, the matter will ba allotted to Mr.
Commissi.mer Goulbure, before whom it Was before
heard. Mr. Pennell is the official assignee. The ac-
counts under the foriner bankruptcy commenced in Jan.
1335, and end in 1840. The debts under that petition
were 4,740/. ; assets estimated at 9131. ; profits, 8471. ;
lesser, 2,115/. ; expenditure, 2,553/. The bankrupt did
not seem to be possessed of that essential ingredient,
capital. The parties whom Redpath then patronised
were very numerous, including his watchmaker, oil-
broker, the advertisement agent, four tailors, a chart-
seller, the newspaper-agent, two wine merchants, an
attorney, engraver, General Screw Stearn :Navigation
Company for passage-money, a merchant, a printer, the
pianoforte maker, the confectioner, a Custom-house
agent, a French merchant, a second oil merchant, the
Carpenter, a milliner, a surgeon, a butter-merchant,
the sugar broker, a lighterman, a biscuit baker, two
fruit merchants, a cutler, a plumber, one. uphol-
sterer, a mercer, a nurseryman, the jeweller,
three drapers, and two booksellers. The property given
up was the household furniture at Blackheath, andin-
cluded pictures, plate, and jewellery, at that place. The
bankrupt had made liberal donations, even before this
failure, to St. Ann's School, to the Society of Blues, and
the Merchant Seamen's Orphan Asylum, which he was
compelled, to return in accounting for his "estate and
effects." ects., Re had paid 2251. for apparel. The bankrupt
did not even seem to have paid for his wedding-cake.
Mr. Wayte being returned as a creditor for 821., and
there is an accompanying item of 201. for the expenses on
the " happy occasion." The bankrupt, in his travelling
expenses, took credit for a sum paid :or a trip to Scot-
land and back, and his "coach hire" between his residence
and the City is put dowu at 90/. In the losses there is a
sum of 8851. on furniture at the .Backheath' mansion on
the realisation by the assignees under the bankruptcy.
Then there is
the rent of country house, garden expense,
repairs, stationery, advertisements, &c.,
which together,
snake a pretty good total—the profits partly consisted of
6311., the salary received by the bankrupt, as a clerk,
from Messrs. Willcox and Anderson. The expenses of
maintenance include wines and spirits, and two servants.
The minor details show an equally lavish expenditure on.
the part of the bankrupt.

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FRAUDS.

-- -
EXAMINATION OF REDPATH AND KENT.-

CLERKENWELL—YESTERDAY.
A portion of the following appeared in our impression
of yesterday :
The further examination of the two prisoners, Redpath
and Kent, charged with fraud and forgery on the Great
Northern Railway, took place yesterday before Mr.
Tyrwhitt. The prisoner Redpath, it will be recollected,
was the registrar of shares and transferer of stock in the
company's employ, and the prisoner Kent was a clerk
in his office. The amount of which they have defrauded
the company is supposed to exceed 200,0001.
The enormity of the offence, and the position of Red-
path, coupled with his mode and style of living in
Chester-place, has created great sensation throughout
the country as well as the metropolis. One o'clock was
the hour fixed for the hearing of the case, but for some
hours previously, and for a considerable period before
the opening of the Court, a large crowd of persons had
assembled around the Police-court, which increased as
the day advanced.
The usual hour for commencing the ordinary business
of the Court is half-past 10 o'clock, but, not-
withstanding there were thirty night charges to
be disposed of before this case could come on,
the magistrate did not take his seat on the bench till
past eleven o'clock. At this court all the officials appear
to have a peculiar way of conducting the business, eon-
traly to that usually adopted at other police-courts; and
from the continual and audible running commentaries of

the magistrate and clerk on each case-that comes before
them much valuable time is lost ; and the sound of the
two voices, one striving to be heard above the
other, is anything but dignified cr agreeable. No
arrangements had been made for the accommo-
jiation of the representatives of the press, most of
whom had to discharge their onerous and arduous
duties as best they could, with their note-books, &C., on
their hands, knees, or hats, presenting a striking con-
trast to the admirable arrangements made for the accom-
modation of the representatives of the press at the Man-
sion-house during the examination of the gold robbers,
and at Lambeth Police-court during the examination of
Robson for the Crystal Palace frauds.
The court was densely crowded.
After a delay of about three-quarters of an hour from
the appointed time for the examination of the prisoners
they were placed in the dock. Kent walked first into
the dock, and assumed the brisk air and demeanour as
on the former occasion. Redpath followed, and looked
pale and haggard. He stood most of the time with his
hands behind his back. _ _

Mr. M;watt, the secretary to the company, and Mr.
Farquhar, of the Messrs. Johnson, Farquhar, and Such,
solicitors to the company, attended to watch the pro-

ceedings-
Mr. Gifford, barrister, instructed by Mr. Humphreys,
attended for the company, to prosecute. Mr. Wontner
defended Leopold Redpath, and Mr. Hawkins, barrister,
instructed by Mr. Dodd, of New Broad-street, defended
James Charles Comyns Kent.
Mr. Gifford said that, in addition to the evidence
already given, with reference to two items of fraud
against Redpath, four other charges would be proved,
and it would be shown that he had transferred more
stock to himself than he ever possessed, and that he
had received dividends from them. Kent, it would he
shown, was cognisant of this fraudulent transfer. He
should show that in otber transactions the prisoner
Kent acted in concert with Redpath, and was aware
that in the transfer of shares from Stephen G. Allen to
George Sidney, by being the attesting witness, that the
signature of Mr. George Sidney was a forgery. It
would be shown that Mr. Sidney did not reside at the
address given, but that Redpath formerly livc'l there.
He called
Mr. Henry James Wood, who deposed—l am a clerk
in the office of Messrs. Ford, Wood, and Co., of 9,
Warnford-court. In April, 1353, I eempleted a transfer
of 5001. A Consolidated Stock in the Great Northern
Railway from Henry Baker to Leopold Redpath. I
paid the money by check to Mr. Fawcett, the selling
broker to Mr. Baker, and I received the transfer deed.
It was numbered 3,513. I completed a similar transac-
tion on the same day of 2501. A stock, from William
Kitchen to Redpatb, numbered 8,519. I got a check
for 1181. 2s. 61. signed by my firm, which I handed to
Mr. Salter, Mr. Kitchen's broker.
Mr. Walter Fawcett—l am a stockbroker, of 22,
Threadneedle-street, in partnership with Messrs. Hill. I
recollect the completion of the purchase of the consoli-
dated stock A. 500/. I attested the transfer. Mr.
Henry Baker executed the transfer in my presence.
The attestation is in my handwriting. I received 23d1.
Sc., including the stamp, from Messrs. Field and Co,
on the completion of the purchase.
Mr. Hargrave Grylls—l am in the service of the Greet
Northern Railway as clerk. In April, 1353, I was em-
Ploydd at the London Terminue. I saw Redpath exe-
cute the transfers 8,518 Baker's, and 8,519 Kitchen's, I
attested both the transfers.
Mr. W. H. Clarke—l was formerly the registrar of
the Great Northern Railway stock. I left in April,
1851. I have the register of stock before me, and on
looking at the register I find that a figure of
" 1 " has been added to the amount in each case, mak-
ing it 1,5001. instead of 5001., and 1,2501. instead of
according to the transfer. If genuine they would
show that steel to that amount had been transferred
into Redpath's name. The whole of the figures making
the above amounts I believe to be in Redpathfs hand-
writing. (The effect of this evidence was to prove
that the figure "1" had been added in each in-
stance surreptitiously by Redpath.) There are
figures on page 553 of the registry in Kent's hand-
writing. There were also entries on the same page in
Redpath's handwriting. In ' page 558 there is a con•
tinuation of Redpath's account, and entries of figures
there by Redpath and Ksnt.
Cross-examined by Mr. Hawkins—The figures to
which I allude are in the column headed "A deferred."
It'appears to me the greater part of the entriee on page
553 are in Kent's handwriting. The first four lines of
Redpath's account are in Kent's handwriting. The rest
is in Redpath's handwriting. On page 558, the cone
tinuation of Redpath's account, there are 11 lines
in Kent's handwriting. The last entry in the account is
in Redpath's handwriting, which follows Kent's last
entries. Those preceding Kent's are in Redpath's and
another clerk's handwriting, whose name I don't now
recollect. The entries mae by that clerk were made
subsequently to my leaving. I think that clerk's name
is Freeman. I believe it is a common practice for per-
sons having a quantity of stock belonging to them
standing in other persons' names.
Mr. Hawkins.e-Has not a gentleman, whose name I
do not wish to mention, 109,000/. worth of stock in
this line standing in other persons' names?
Witness—l don't exactly recollect.
Mr. HawkinS—l'll give you the name. Has not
Mr. Hutchinson that amount in other persons' names ?
Witness—Yes, I believe he had when I was in the
office.
Mr. Hawkins—ls it not recognised by the directors ?
Witness—Yes, I believe so. I don't know how they
could help it.
Mr. Gifford—Certainly not. How could they ?
Cross-examined by Mr. Wontner—The entries were
made in the register, when I was in the company's em-
ploy, by a clerk under my directions. It was my duty
to see the entries were properly made. I almost daily
overlooked the entries. The transfers, when they came
to my office to be registered, were under my control,
and I frequently looked at them.
By Mr. Tyrwhitt —When the transfers of shares are
brought to the office the numbers are entered on the re-
gistry by a clerk from the actual transfers, and not
from any second-hand information. The transfers are
then pasted into a book kept in the register's office, and
was a part of my duties.
By Mr. Gifford—ln April, 1853, Redpath was the,
registering clerk. As a general rule the clerks all
register, more or less. As Redpath was a superior
clerk he did the bulk of the registering business. Red-
path, Kent, and Cawkill made entries as clerks under
me. Referring to the figures 1,2501. and 1,5001., in
any judgment the figure "1," in both instances, was
written at a different time from the other figures 2501.
and 5001. Referring to transfer number 8,431 in Red-
path's stock, I find the account stands 1,1251. The
first figure " 1," adding 1,0001., appears to have been
written at a different time from the other figures. The
whole of the entry is, however, in Red path's hand-
writing- On looking to transfer No. 8451, I find the ac-
count 1,212/. 104. The first "1 " has the appearance et
having been written alter the others. The whole of the
mitr
is in Itedpatil's handwriting, In transfer No.
1.3,4.5, account 1,250/., the Segue "1 " has less the ap-
pearance of being
so added than the others ; and the
same applies to transfer No. amounting to 1 212/
9456, , •
10e. In
Itedpath to his trans'eree I find to be 1,0001.
trans-
ferred by page 558 transfer No. 11,668 the stock trans-
4, 1 " which is written at entered. There. is
yaerasure tt
roe thenait gahatdof
partly the fiognu
it.
Mr.i\nvßo:dpath's figures.
The w 12,410 of the butt
Cross-examined by
and comprises a considerable num-
tner—The next account
to Redpath'e, on page 554, is Robertson and Watson
, and be
ibte irs
ofa joint account,
mr. Wontner—Now, look at this, a
particular
all the items are not written on e see if nearly
erasures.
Witness—l don't see it.
nisteh—Cant four or six there ?If
Mr. Wontner—.Look again
mseee.more than two..
against which the
not,MIWv riiratt.nnyWe37esile t'lhraevael dyecaceni vneodt
(A lighted candle was procured,
witness held the page, and minutely examined it.)
Witness—I really do not see more than two—if two.
I think there is but one. (Witness again minutely ex-
amined the page, and said he could see but one erasure.
After examining it with Mr. Wontner, he said that
possibly what Mr. Wontnef pointed out were erasures,
but he would not swear that they were.)
By Mr. 'JCvrwhitt—There's one—if not another.
Witness—Yes. He would not swear to more. The
light was bad, and the candle was not much assistance.
Mr. Henry Atterbury, clerk in the Great Northern

Railway Company's employ—l have calculated the
amount of consolidated A stock standing in Leopold
Redpath's name up to the sth February, 1854, when
the books closed for the December dividends in
1853. There were 7,5001. standing in his name,
and out of his name to his debit 1,875/, The
balance would be 5,6251., the amount on which he would
be entitled to receive dividend. I produce the dividend
warrant of that date to the prisoner, representing 1,625/.
consolidated A stock. In page 558, and transfer No.
11,668, I find a transfer from him of 1,0001. If that
1,000/. entry had originally been 5,0001. it would have
made the dividend, as paid, right. The transfer was dated
12th Feb., 1854, after the books for the transfer had
been closed. The transfer was from the prisoner for
5,000/. Consolidated A stock. In page 553, and refer-
ring to No. 8,431 transfer, I find the amount of stock
transferred into the prisoner's name, 1,1251. The trans-
fer to which that number refers states the amount to be
1251.,—a difference of 1,0001. The transfer No. 8,451 in
the register•book represents 1,212/. 103. Od., and the
original transfer to which that entry refers 2121. 10s. Od.,
again making a difference of 1,000/. In page 553 of the
register, and transfer 9,455, I find the amount entered
1,2501. The transfer itself represents only 2501., making
again a difference of 1,0001. In the same page is en-
tered transfer 9,456, for 1,212/. 103. 01, whilst the origi•
nal transfer represents only 2121. 10s. 03., making
another difference of 1,000/. The gain to the prisoner
on the transactions to which I have referred was 10,0001.
stock more standing in his name in the register than the
original transfers represented. The dividend-warrant
for the December, 1853, dividends produced is signed by
the prisoner Re3path, which was a no&pt for the money.
Cross-examined by Mr. Wontner—l entered the com-
pany's service in 1851, and I am still in the service, in
the audit department. I belonged to that department in
1854. The books did not then come under my notice.
There is a regular staff is the audit department, who

supervise the accounts.
Cross-examined by Mr. Hawkins—Since the paymen
of the last March dividends I have been engaged in the
transfer-office.
By Mr. Gifford—The signature of the prisoner Kent
is affixed to the dividend-warrant. It was necessary at
that time to have an attesting witness to the document.
Any clerk or indifferent person might have done it. I
never attested one. The warrant represents the dividend
to be paid, if 5,0001. remained in the place of 1,0001.
Mr. Thos. Williams—l am inspector of the Great
Northern Railway line. I searched the prisoner Kent
on his apprehension, and found some letters upon him.
(The further examination of the prisoner was not pur-
sued, Mr. Gifford being informed by Mr. Mould, the
chief clerk, that the evidence had been already taken,
and would be used against both prisoners.)
Cross-examined by Mr. Hawkins—He searched Kent
at his residence, and found on him a telegraphic message,
which I now produce.
By Mr. Gifford—l afterwards found in Kent's drawer
in the office a letter addressed to him by Redpath.
The evidence of Williams on Kent's first examination
was then read.
By Mr. Hawkins—When Kent said he would not tell
me where Redpath was to be found, I believe I had read
the telegraphic message which I found on Kent, and
which had been sent to him by lied path. I did not call
Kent's attention to the fact that the telegraphic message
mentioned "Hotel, Windsor." Kent said he had not
sent an answer to Redpath's message for reasons of his
own. I made no memorandum at the.time of the con-
versation. I gave my evidence on the following day.
Kent was in custody before I found the letters, and I did
not see him again until before the magistrate.
Sergeant Mason, of the Metropolitan Police Force,
No. 25, S division—l found at Redpath's residence, in
Chester place, on Wednesday, the 12th, a letter, signed
" Charles Kent," which I produce.
The letter was then read by Mr. Mould, the chief
clerk, and was as follows
My dear Sir,—l enclose you three letters. Nothing
has been wanting. You may depend on my keeping every-
thing straight [this word was underscored], and I will not
leave the office. lam vary much obliged for your card. I
am much in want of 301. Had I not better sell some of my
stook.—Yours very truly, " CHAS. KENT."
Mr. Atterbury was called, and proved that the letter
was in Kent's handwriting.
By Mr. Hawkins—l believe the clerks frequently re-
ceived assistance from Redpath. Ile was very kind to
them.
Mr. Gifford said that this was the whole of the evi-
dence he should adduce at. present in support of the case,
and asked for a remand of a few days. On another occa-
sion be should prove the regular execution of the trans-
fers and other matters to complete the case. He now
proposed to proceed with the forgery of the name of
Sidney. He re-called
Mr. Atterbury—l produce a transfer of B stock of
the Great Northern Railway Company for 1,0871. 10e.,
No. 16,774. It purports to be from Stephen George
Hammond, Barge-yard, Bucklerehury, gentleman, to
George Sidney, No. 20, Edward-street, Ham pstead
road, gentleman. It was dated 10th February,
1355, and purported to be signed by Stephen
George Hammond and George Sidney. The attesting
witness to Sidney's signature is Chas. Kent, King's-
cross (the prisoner). I believe the signatures, Hammond
and Sidney, to be in Redpath's handwriting. That of
Kent's to be in his own hand writing.
Cross-examined by Mr. llawkins—The body of the
transfer is in Freeman's handwriting, a clerk in the
regi4tration department. I know a person named
llam-
mond used to come to the office occasionally, bat I do
not know him personally. He used to call before I was
removed to the transfer office, The person I allude to
is a young man.
Mr. Robert Mayman—l reside at No. 20, Hampstead.
read, and I have done so for 13 years. At no time
during that period has a person named Sidney lived
there. Redpath lived there about eight or nine years
ago. I think he was out of employment when he first
resided there.
By Mr. Tyrwbitt—l never knew of any letters c owing
there when Redpath lived there in the name of Sidney.
Cross-examined by Mr. Hawkins—Edward-street is
a small street. Redpath lived there between one and
two years. He lodged with me.
By Mr. Tyrwhitt—There has been no other No. 20
in the street besides mine during the time I have lived
there. I :ern not aware that the numbers have been in
any way changed during that period.
Mr. Gifford said that was all the evidence he proposed
then to call.
Mr. Atterbury recalled, and examined by Mr. Haw-
kins—lt is the practice of the office to have every ie s-
e
nature to a transfer attested. Transfers have been regis-
tered without it, but it is an irregularity ; the registrar
ought not to register a transfer without it. Mr. Free-
man is still in the company's employ.
Mr. Gifford asked that the prisoners should be re-
manded till this day week.
Mr. Hawkins applied for bail for Kent.
Mr. Tyrwhitt said on a former occasion. Kent was
offered bail, but the amount was considered too large--
two sureties of 4001. each. The charge of felony by
forgery no v altered his position, and it was a question
for further consideration.
Mr. Gifford objected to the prisoner being admitted to
bail. I• was of the greatest importance to Redpath that
Kent should not be forthcoming at a future period.
This was but one of a series of charges to be brought
against him.
Mr. Tyrwhitt said he was not more unwilling to
admit Kent to bail now than on a former occasion ;
but in a case of this magnitude, and in London, he
thought it would he better for an application to be neeile
to a Judge in Cnambers to fix the amount of bail. Under
that impression he refused the application for bail.
The depositions were then read over, and the prisoners
were formally remanded till this day week.
Mr. Wontner said there was a very anomalous state of
proceedings connected with Redpath's case, which con-
sisted in the police, under the direction of Superintendent
Loxton, having taken possession of Redpath's residence
in Chester-place, notwithstanding his servants were
there, and were capable of taking care of the property.
Superintendeht Loxton, in taking possession of the pre-
mises, had taken possession also of Redpath's clothes
and his private papers. He (Mr. Wontner) had applied
to Mr. Humphreys, the solicitor for the prosecution, on
the subject of the clothes, and that gentleman had
directed that they should be given up, but the police
refused, except under the direction of the magistrate.
Mr. Tyrwhitt said he could have no objection to its
being done.
Superintendent Loxten—Do I understand that I am
to give up all the clothes in Redpath's two houses.
Mr. Tyrwhitt—The magistrate did not authorise this
proceeding on which you now ask what is to be done. I
have no objection, but I have nothing to do with it.
Mr. Wontner said that Superintendent Loxton had a
number of letters addressed to Redpath's residence for
him, and lei (Mr. Wontner) asked that they might be
given up to the prisoner.
Mr. Tyrwhitt said he should have no objection to
sanction any proceedings the prosecutor might think
proper to adopt, and Superintendent Loxton must be
guided by them.
Mr. Humphreys said the railway authorities autho-
rised Superintendent Loxton to take possession of the
premises, and now he refused to go out or allow the
railway authorities to enter.
Mr. Superintendent Loxten said that he could not
give up possession without authority.
Mr. Humphreys said that Superintendent Loxton was
placed in the premises in order that the railway autho-
rities might have an opportunity of inspecting Redpath's
property. The anxiety of the police ought to be to pro-
mote justice, and not to impede it.
Mr. Superintendent Loxton said he wished to promote
justice.
Mr. Humphreys—Then why not give up possession of
the premises to the railway authorities ?
Mr. Superintendent Loxton handed in several letters
he had received, addressed to the prisoner Redpath, at
his residence, Chester-place, and asked what he should
do with them?
Mr. Wontner suggested that they should be handed
in to the magistrate, for him to read them, but if they
were of a private nature they might be handed to Red-
path.
The letters were handed in and read by the magistrate.
One had reference to an attachment on Redpath's pro-
perty, and another to a charitable application. The
nature of the others did not transpire.
The letters were handed over to the prisoner.
It was then arranged that the police should give
the railway authorities every facility with reference
to the prisoner's property at Chester-place.
The prisoners were then removed from the bar, and
upon entering the gaoler's room Redpath said, with a
degree of confidence, and addressing Kent, "There is
nothing against you, my boy. It was all bona fide stock
that you transferred." Temporary refreshment being,
provided, they were in the emirs° of the evening coe-
veyed to the 'lease of Detention in the prison van.