The Sun.
London, England, 1833-12-02 00:00:00

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t, it was found th-re was no _sovereign. He then took a
sovereign out of the same rocket from which he had taken
his purse. I then went away, and saw nothing more of
Smith until the n x: morning when I was before the
Slagiatrate, and was examined in the gentleman's presence.
The Magistrate asked Mr. Binkes if he had any questions
to put to me. Mr. Binkes then asked me in what state
his trousers were, and whether they were undone in
front, or whether the flip was down. 1 said the flap was
down. He then slid he bad got no flap, as his trousers
were buttoned up in front. That was the only question
he put to
Cross-examined by Sir J. SCAALETT—I advanced
towards the place in the churchyard under the porch,
with my right hand close to the church. When I
got within five or six yards I saw the two per-
sons. I then saw the gentleman's head, but not
his shoulders, as he appeared to be stooping, but I saw
the soldier's red coat and white trousers. The soldier had
walked out about five or six yards before I hid hold
of him. There was no scutlleat all in going to the office. Both
went to the office quite quiet. He suspected by what Smith
had said there was something wrong, but there was no scuffle.
They seemed confused when they came out of the place,
but be saw there was no scuffle. He never said they had
scuffled. He would swear so. They never scuffled with
him, nor with each other. He swore he never said they
had scuffled. It was a quarter before ten when he took
them to the office.
By Mr. KELLY-At first he only saw one of the
defendants, the soldier. He was within the watering
place ; his side was towards witness. Is quite sure that
he was within the stone while he (witness) was passing
'by the railing of St. Martin's church. The soldier's
trousers were so made that they only opened from side to
side. His braces were undone.
Frederick Grosamith, examined by Mr. WILLIAMS.—
He is an inspector of police. Remembers being sent for
on the 6th of June. It was a little before ten. When
he arrived he saw Mr. Bankes and the soldier together in
the station-house. They were both within hearing of
each other. Smith and Edwards informed bins of what
hail occurred. They beard the charge.—(The charge
was then read.) Witness took it in his own hand-writing.
Before he took it in writing, be asked Mr. Bankes
whether he had anything to say. He said he had
been dining with Lord Liverpool, and got up from
the table having something to do at the House of
Commons, and he had occasion to go to the watering
place. Seeing a soldier, he made up to him, and asked
whether his name was Robertson. The soldier said his
iname was not Robertson, but that there was one of that
name in the regiment he belonged to. Mr. Bankes said he
knew the soldier of that name as a servant to a pntlea an
at Rome. The soldier bad soles of leather for mending
his shoes. He asked him what be was doing in the
church-yard. He said he was on his way home at the
Mews, near Charing-cross. Told him that was not the
most direct way. After this Bankes was searched—a
purse was taken from him, which he said contained
2s. Gd. in one end, and a sovereign in the other. On exa-
mination of the purse, witness found the silver amounting
to 2s. 6d., but there was no sovereign. Bankes then felt
his waistcoat pocket, and said here it is, and gave the so-
vereign to witness. .

James Horne examined by Mr. JUSTICE-had been
four years in the police force. The evidence of this
witness went to corroborate that of the policeman Smith.
John Parker examined by Mr. Wubtaats—Was the
father of William Parker, and was residing at
the end of June with his eldest sun in Gravel-
lane, Blacktriar's-road. his son Willia:n was not

in this country. He believed he had gone to Ametici,
but was here in June. He left about the middle of that
month. DA not tell witness he was going out of the
country. Had not see❑ or beard any thing from him
since.

Mr. Bennett, clerk of Queen-square, was then examined.
Took down the examivation of the prisoners at the office
The depositions, as taken at that time, were then proved,
and read to the Court. After the evidence bad been
taken, the defendants were called on to know:whether they
Lad anything to say in answer to the charge.
Cross.exainined by Sir JAMES SCARLETT-The 'repo-
sition of Parker was reduced to writing. Witness
took it down. It was read over to him, who
signed it. Parker's deposition was then read in Court-
It was to the following effect :—Passing through the
churchyard about 10 o'clock, he saw a man, who said to
him, " I wish I could see a policeman." He said there
was a gentleman with a cloak abouthim,and asoldier in the
watering place. He walked with him to within a few yards
of the place pointed out, and could plainly eee both
parties. The soldier was standing in a position as though
making water. His suspicion having been communicated to
him he went for a poliocenian. Parker remained in the
church yard to watch them,—no one came out of the wa-
tering place. A constable having been found, he went on
one side and Parker on the other, up to the watering place
The constable got there first, Parker second, and Smith
last. The constable said to the soldier, whom he took
hold of, " What do you call this ?" or something to that
effect. The soldier denied having been about any thing
described the circumstances as detailed in the previous
improper. The deposition, which was read at length,
part of the report.
Mr. Bankes's deposition was also read. Be had dinner
with Lord Liverpool ; but as there was something impor-
tant on the night in question in the House of Commons,
he left table about half-past nine o'clock. In crossing
the chambers he saw a soldier. He asked him whe-
their he knew a person of the name of Robinson, a
soldier, whom be had known as a servant at Rome,
He said that he knew such a man—he belonged to his
own regiment. Mr. Bankes afterwards left him and
went to the watering place. He was not there ten
minutes, the constable came up and took them
both. He went with the policeman readily, expect-
ing to be released immediately. He had on his cloak, as
was usual with him at night. He did not know it was
the same soldier that came up to him whom he had before
spoken to.
The defendant, Flowers's, deposition was then read,
which was to the same effect.
Mr. Henry Huns, who produced the surveyor's plan of
the churchyard, was recalled, and explained it snore_ par-
ticularlyin the corner, was about ten feet nine inches above the
to the Court. The sink in which the drain was
level of the churchyard,
The plan was then submitted to the Jury.
The SOLICITOR-GENERAL said he should have no
objection that the Jury, if they wished it, should proceed,
and personally make any observations that should be
necessary of the watering place in question.
Sir JaistEs SCAKLETT was exceedingly indebted to the
kindness of hit Learned Friend for the offer, and he hoped
the Jury would avail themselves of it.
The Foreman of the Jury stated, that he for one had
already inspected the place.
The case on behalf of the prosecution being complete,
Sir J. SCARLETT proceeded to address the jury, as
follows :—Gentlemen of the jury, if in opening the case
for the prosecution, my Learned Friend the Solicitor-Gene-
ral felt it incumbent upon him to express to you the great
pain and anxiety he had on the present occasion, to
whatever extent those feelings may have been entertained
by him, they can form no parallel to the anxiety which now
occupies my mind. My Learned Friend has told you that
be should ba.happy if the persons accused were acquitted.
It is my painful duty to say that if it were possible from
the evidence and facts stated, that they should not be
honourably acquitted, I should feel the greatest gild', be-
cause I could not help ascribing that unexpected and
fatal result to some imperfect discharge of my own duty.
I must own, that after a pretty long experience in Courts
of Justice, I never remember any other case in
respect of which I entertained so deep and absorbing
feelings of anxiety, because, in this case, it is
not only the safety of a most honourable, amiable,
andintelligent gentleman which has been entrusted to my
care, and that alone would be a sufficient cause for
anxiety; but 1 feel, moreover, that itt this defence is
involved the safety of every gentleman in England, for
I will venture to say, b 0 much do I differ from my
Learned Friend, that if it were possible, on the case
made by the
prosecution, that a jury of English gentlemen
should convict these defendants, I should say there is no
man whose honour or life would be safe. The nature of the
critne of which they are accused is such as as something
in it that excites feelings hardly to be described ; it is t 1..!
horror which naturally follows from the cooeiwlation of
the most abominable and unnatuzal propensities and crimes
of which mankind was ever aCcused,"orcould be guilty of.
So that, whenever an insinuation is made of it, ell the
suspicions are eXcited—all the feelings are alarmed,, which
almost, I might say, produce a perversion of human na-
ture, and, instead of endear to find out that which
kindness lio4 a sense of justice would construe into excul-
patory circtoostarices, the whole ingenuity of counsel is
employed for the purpose of perverting those circumstances
vi bla duty to'characterise such conduct as
which would otherwise tend naturally to explaln and re-
move the charge.
The Learned Counsel proceeded to say that, under such
circumstances, his Learned Friend the-Solicitor-General
had thotY.O
taking place for no other purpose than making an assigns-
tom !or the purpose of committing an unnatural offence.
Could nothing occur to his honourable circumstance
that could induce the udzption of such a course? He did
not ',lean to accuse hie friend of want of candour; he had