The Sun.
London, England, 1833-11-28 00:00:00

THE LATE " MISTAKE."

Afr. BODKIN applied to the Court in the case of Joseph
Bowman, who had been tried at what were called the

" Mistake" Sessions, to postpone the trial until the nest
Sessions. The Judges who had presided at the subsequent
Sessions had, from time to time, respited the trial of this
prisoner, in order that an application might be made to
the Court of King's Bench for a mandamus to the JO'

tices, commanding them to make up the record of the
former conviction of the prisoner, which they had refused
to do. That application bad been made, and a rule,
calling upon the Justices to show cause, had been granted;
but in consequence of the press of business in the Court
of King's Bench, it was impossible for the Justices to
show cause until next Hilary Term. As the prisoner
could not be tried until the record of his former occasion,
his (Mr. Bodkin's) application now was, that the Court
would pronounce the same rule as bad before been done

by the Judges.
Mr. C. PHILLIPS remarked that there were no less
than twelve other prisoners in this day's list who were
precisely in the same situation ; and it was melancholy t°
reft•et, that whether guilty or innocent, they must remsi°
in custody until after this rule for a mandamus was dis'
posed of.•
Mr. Sergeant ARAEIN said that was much to be de.
plored ; but as he was aware that the Judges intended t°
confer upon the subject before coming into Court, he
should be glad if Counsel would make the motion before
the Judges when they arrived.
The presiding Judges (11r. Justice LITTLEDALE, I%irk.
Biron BOLLAND, and Mr. Justice BosAHQuirr) t°°
their seats upon the bench shortly after ten o'clock, wbe'}
Mr. C. PHILLIPS renewed the application on behalf °f
the prisoner Bowman, and the twelve other prisoner',
. .

labouring under the effects of the " mistake."
Mr. Justice LITTLEDALE inquired if the rule had 00t
come on during the last term, in consequence of the pr's'
of business in the Court of King's Bench.
ahugrtehe_e :
ir
HIP
was equally certain that motions of tar less importance
press l r
o C.
.bPu eLsLst ns saidth e Courtthere
and been disposed of than a motion, which, like tbi4t
coe
fr t aKi
nl
~ bad B
ebn ecehn,
Ivolved the liberty of no lees than thirteen subjects of wto
5..,,uw0. The Justie-s had, however, not only refused
iec tue en,ife term Pas
without showing cause against the rule nisi for a ['lands'
inns, tho:;,,. 'l. had been obtained on the very first day of
the term.
Mr. Justice LITTLEDALE, after conferring with his,
Learned Brethren, granted the application as regarded all
the thirteen prisoners.
Richard Vickers was indicted for feloniously breaking
and entering the dwelline-house of Peter Browne, at Sr.
Pancras, on the 23d of October last, and stealing there'd
from three pillow-eases, two towels, a table cloth, ar
other artic'es, his property.
The prosecutor deposed that on the day in question be
had observed the prisoner in company with another
man in the street in the immediate vicinity of his
house, and on the witness returning home, about 2 o'clock'
he saw the prisoner coming out of the hack yard of v"`:
nesses house with a bundle under his arm. Witne::
called out to the prisoner to stop, on which he ran 01'
Witness and a man, of the name of Barton, pursued'
and in his flight the prisoner threw down the bundler
which witness picked up, and Barton secured the prisoner'
The bundle was found to contain the property
cloned in the indictment. The other man effected his
escape.

William Burton deposed that he was a journeyman
biker, and that he wts called upon by the prosecutor 01
pursue the prisoner, which he did and secured him. There
was an:tther man who escaped, but the prisoner svAg
handed to a police-constable, and conveyed to the station'
house. Witness saw no bundle with either the prisoner
or the other man, but observed some linen lying in the
road as he ran on in pursuit.
The police•constable proved that the prisoner was given
into his custody by the last witness, and conveyed by 11'111
to the station house.

The prisoner said that he bad been in Mr. Brown's
skittle ground that afternoon, and when charged with
stealing some linen there, the prisoner said he had met
with a man who asked him to play at skittles. That he
went on with him, and that the other man had stolen
some linen from the kitchen. On searching the prisoner,
witness found upon him Is. 3d.
The prosecutor identified the linen, when produced, as
his property.
The prisoner, in his defence, repeated the story that
the robbery had been committed by the young man who
escaped, while he (the prisoner) was in the water closet.
Mr. Justice LITTLEDALE, in summing up, told the
Jury to dismiss from their minds that part of the charge
which imputed to the prisoner the breaking and entering
the dwelling-house, as there was no evidence to sup
port it.

The Jury, after a short deliberation, returned a verdict
of Guilty of the minor offence of stealing only.
Mary Noon was indicted for stealing, on the 17th of
October, in the dwelling house of Joseph Pearce, a bank
note, value 1001., and a bank-note, value 5/., his property.
11r. Pearce proved that he resided in New-street, Co.
vent Garden, and carried on the business of a bootmaker.
The prisoner had lived in his service for about six months
previous to the 15th of October last, before which day
witness hasl drawn 5001. from his bankers, and received
two notes for 1001. each, a 200/. note, a 501. note, 4
20/. note, a JO/. note, and four Si. notes. These were all
link of England notes. Witness put the notes in a small
box, now produced, and placed the box in a small crevice -
in the cellar for security on the 7th of October. Wit-
ness's family consists of his wife, three children, the pri-
soner, and two shoptnen, all of whom lived in the house,
and all of them had access to the cellar, which was not
locked. On the 17th of October he had occasion to put
some more money into the box, and witness gave the box
to his wife for that purpose. She counted the money in his
presence, and found 105/. gone, namely, a 1001. note and a
Si. note. The prisoner had then left his service two
nays before. The numbers of the notes were, the 100 L,
dated Dec. 12, 1832, No. 711, and the 51. was dated
Aug. 14, 1533, and numbered 28,050. Bnides taking
the numbers, witness marked the notes under the lamming
with his initials, and the date he received them. On
missing the money, witness went in pursuit of the pri-
soner, but did not find her that night, though she was
taken into custody, while witness was away from home.
Witness has since recovered the 1001., which was pro-
dmel at Bow-street by Mr. Dyer, the Bank (aerk.
Mrs. Pearce corroborated the evidence of her husband
in the main facts of his evidence, and added that the
prisoner
came to the house on the 17th October for her
boxes, when witness taxed her with having taken a 5/.
note, en which the prisoner laughed, and said she had
not taken it. Witness sent for a constable, and gave the
prisoner into custody.
Mr, Dyer, a clerk in tile Bank of England, prvduce4