The Sun.
London, England, 1856-05-13 00:00:00

upon concluding, was greeted with loud applause. In'
the course of his lecture he mentioned that the designs
for his illustrations were furnished by 111 r John Leigh-
ton, and the photographs on glass by Mr. Hennah, of
Brighton.

s I was asked for a de-
..__.,
t t.,
1 east doubt now that the pri-
soner no whiskers, or very
littie:
I told Mr. MA:diens I c,
attestripti ,
n Whenofthe I
m wentan.
It o s
a tihde
11:n ,
mold not give a description
Boner is the wan by his appearance altogether. The
I have not the
of his fa...".
cross-examinati:u of the, witness occupied a considerable
time.
Mary A. Fennell said=--I live with my mother at 6,
Oakley-crescent, City-road, and we are accustomed to let
off a portion of our house. We let the drawing room off
about the 18th or 11.1 th of February to a Mr. Hammond.
He was two mornings with us. I saw him the first
morning. He asked me to give him a pen and ink. I
let the apartment to hon. I only saw him when I let
the apartment, and the next morning, but I only saw
his back when he went away the following morning.
I think I should know him again. I saw a man at
Marlborough-street Police office very like him. The
prisoner is so like the man that if I had met him on
the street I should say he was the man, but he is not quite
so stout as he then was. The prisueer is very like the
man, but he is differently dressed. I believe the prisoner
is the man.

him and the prisoner, who, being cautioned that any-
thing he said would be given in evidence, said that his
having been to the house with the woman was no proof
that he afterwards broke into it, and, in fact, he could
prove that he wa: laid up ill the day it was done. But,
he added, be should he able to go with the sergeant in
a few days, and should then hb able to find the other
parties, a❑d he dared to hay that they would kill him for
it hereafter.

LAW INTELLIGENCE.—Hay 12.

COURT OF QUEEN'S BENCa.

(Sittings at Nisi Prius, at Westminster, before Lord
Campbell and Common Juries.).
MATTHEWS V. SMITH—DRURY-LINE THEATRE.

Henry Brown, the police-constable, who had been left
in charge of Fleckart, said that on Sunday he took hiin
in a cab to the police-station, at Kingsland. On the
way, he asked how Mrs, Humphreys was, and said that
if she died it would make the matter worse for them.
He then asked if any of the others were likely to be
taken, and being told that in all probability they would,
he said, "I hope to God they will, and that will make
it lighter for me."
_ _

This was an action fur goods sold and delivered, and
work and labour done. The defendant pleaded never
indebted, and also a set off.
Mr. Watson and Mr. Denman conducted the case on
the part of the plaintiff, and Mr. E. James and Mr.
Hawkins appeared for the defendant.
Mr. Watso❑ said the plaintiff was the executor of
John White Moore, who died in October, 1854, and who
formerly carried on the business of a printseller at 1 and
2, West-street, St. Martin's-lane ; and the action was
brought to recover 201. 19s. 6d. for frames supplied by
him to the defendant, Mr. Edward Tyrrell Smith, who
was originally an auctioneer, but now lessee of Drury-
lane Theatre. It appeared that some intimacy existed
between Moore and Smith, and that the amount in
question was for frames which Moore had made for some
pictures which he had given to Smith as a present. The
defendant now denied his liability to some of the items,
and pleaded a set off in respect of an advertisement of
Moore's shop, which had been introduced into a panto-
mime.
Joseph Gearing, foreman of the deceased Moore,
proved the delivery of the articles.
Mr. E. James said the defendant admitted his liability
t.o the charges in the bill, with the exception of one for
1/. 10s. and another for Bs., in regard to a frame which
had been made for certain drawings representing Mr. G.
V. Brooke in various characters. These items, he con-
tended, ought to have been placed to the account of Mr.
Brooke,
Mr. Matthews said he was the executor of Moore, and
the plaintiff in the present action. Four mouths after
Moore's decease, about Jan., 1855, saw the defendant
on the stage, and asked him to pay the deceased's ac-
count. He said he would look over it, and send a cheque
for the money. Saw him again in the theatre three
months afterwards, and ha said he had not then inquired
into the matter, but he would see that the claim was
settled. He requested witness to call again; but he never
did, but instructed his solicitor to make an application'
for the money. Smith never told witness that the estate
of Moore was indebted to him in anything.
Mr. Thomas, clerk to the plaintiffa attorney, said he
went several times in company with the testator Moore
to the theatre, in 1854, On one occasion, in August,
they saw the defendant. Moore asked him for payment ;
he said he could not give a cheque then, but he wanted
something more done, and he would pay for all together.
In January, 1855, a circular was sent round to all the
debtors to the estate, but no reply was received from
the defendant. Another letter was written to him in
January in the following year, and the defendant replied
that, on making the proper deductions, he found the
estate was indebted to him in the sum of 6d.

Mr. Rush, solicitor of Austin-friars, was present, and
proved that, when the fictitious message was taken to
the prosecutrix, representing him to have been seized
with fits at Salisbury, ho was in London quite well.
The prisoners were, after some further proceedings,
remanded for a week.

Cross-examined----There has been a discussion about
the business. I was more confident than my sister was
as to his identity.

After a very long cross•examination of this witness,
the prisoner, upon being asked in the usual terms whe-
ther he wished to say anything, said, "I know nothing
about it, so help me God."
He was then committed for trial.

SOUTawARK.—SINGULAR CHARGE AGAINST A
COMMERCIAL TRAVELLER. —Mr. Thomas Gooding, a
well-dressed, and respectable-looking person, was
brought before Mr. A'Beckett charged with stealing
two cheeses, alleged to b, the property of Ebenezer
Price and a roan named Hertz -11, styling themselves as
provision merchants, Victoria. Dock road, near Barking.
Mr. Solomon, of the Borough, appeared for the ac-
cused.

GUILDHALL, John Smith, a militiaman, was
charged with being concerned in a garrotte robbery in
Golden-lane.

George Gough, a steward on board the Argand, said
he was going past Golden-lane about 12 o'clock last
night, when he saw the prisoner and two females talking
together. They wanted something to drink from the
public-house at the Corner and so did witness, but the
man would not admit any of them. One of the women
said, "I know where to get something to drink," and
they all walkiKl up Golden-lane. The observation ap-
peared to be partly addressed to himself, so he followed
them, and when he got into a court leading out of
_Golden lane the prisoner turned back and pnt his arm
round witness's neck so as to throttle him. The women
almost instantly drew his gold ring from his finger, and
his money from his pockets, and they then made the►r
escape. When he recovered he communicated with the
police, and two of them took him into some houses in
Golden-lane, in one of which he identified the prisoner
in a room out of 15 men. He had been drinking, bet
knew perfectly well what he was about.
.Police-constable 118 apprehended the prisoner, and
Stated that the prosecutor unhesitatingly picked him out
from among a number of men that were in the room at
the time he took him. The prosecutor ha I been intoxi-
cated in the early part of the evening, but he was so-
bered by the time witness saw him.

Mr. Price oL.ated that be had known the prisoner a
short time in business, and on Saturday afternoon,
shortly after four o'clock, witness. was with Mr. fiertzell
in Tooley•etreet, where they met him, and he was re-
quested by them to go into the warehouse of M►•. Chaffey
and fetch two chess Ei for them while they waited out-
side. The prisoner, accordingly, went into the ware-
house for that purpose, but instead of bringing the
cheeses to them he left by another door, and decamped
with them. Witness afterwards commun►cated with the
poliee, and the prisoner was apprehended at his house in
the torriEin rc-roa Walwortb, where the cheeses were
found.

In cross-examination by Mr. Solomon, witness said
that he was legally in partnership with Mr. Ilertz,ll,
and they bought and sold provi,ions, and dealt with Mr.
Chaff-y, with whom they kept a running account. They
were not photographic artists, althone,Yh his partner had
a machine for that purpose.
Mr. Solomon here put in a bill for two cheeses sold to
the priaoner on Saturday by Hertzell, whey he asked
the witness whether he knew the handwriting to be his
partner's

Witness said he did not think it was in his handwrit-
ing. Fie knew nothing about it, and never saw it before.
Mr. Henze!l told the prisoner to fetch the cheeses, but
he meant him to bring them to witness.
Mr, Solomon asked him whether he had not seen the
prisoner at the station-house, and promised him that he
would not press the charge if he guaranteed that no ac-
tion should be br3ught against him?
Witness replied that he did say something about hav-
ing the cheeses given up and he would not press the
charge, but he said nothing about an action. He had
now altered his mind and intended to prosecute, but at
present he could not proceed any further in the absence
of his partner. He, therefore, asked for a remand until
a future day.

Several officers identified the prisoner as being an
associate with thieves, and Sir Peter Laurie remanded
him for further inquiry.

WESTMINSTER.—AN INH max MOTHER—JuIia
White, a dirty, dissipated-looking woman, who had an
interesting little child, five years of age, by the hand,
was charged with the following inhuman treatment of
it :

Cress-examined—Saw Smith in his private room. It
was sometime in August. He offered them orders for
the performance. Moore accepted them, but he did not
The orders were for that or some following evening.
Mr. E. James then addressed the jury on behalf of the
defendant. He observed that this action would never
have been brought if Moore had been alive, because there
was an understanding between them that Moore should
pay 201. for an advertisement of his shap in one of the
scenes of the pantomime. A scene of his shop was
painted, with the heading, " Moore's Racing Sweeps,
St. Martin's-lane." The Harlequin jumped through a
window, bearing the inscription, "Latest Betting upon
the Races," and then a flap dropped down, with the
word-1, " In for the Derby." (Laughter.) The Clown
next attemnted to perform the same feat, but he was re-
pulsed, and then another flap came down with this in-
timation, " Oat for the Oaks." This scene and the
mechanical contrivances were prepared for the defendant
at considerable expense. Similar advertisements were
prepared fur Dakin, No. 1, St. Paul's Churchyard ;
Purssell, the confectioner, in Cornhiil ; Bennett, the
watchmaker, in Cleeapside ; Samuel, the tailor, in Lud-
gate-bill ; and for Scott's oyster shop, at the top of the
Haymarket ; and the charge for each of these scenes
was from 20 to 30 guineas. The defendant would posi-
tively deny that such an interview took place between
him and Moore, in August, at the theatre, as was de-
posed to by Thomas. The theatre was then closed, and
the statement as to the defendant offering them orders
for the performances was totally incorrect.
Mr. E. T. Smith, the defendant, was then called.
He said it was customary in pantomimes to exhibit
scenes as advertisements fur different shops, and there
was always a specific bargain between the shopkeeper
and the manager of the theatre as to the sum which
should be charged. Mr. Nicholson waited upon him
when he was preparing the pantomime, at the latter
end of 1853, to know if he would have any objection to
introduce a scene of Mr. Moore's shop?
Mr. Watson- 4 must object to what passed between
you and Mr. Nicholson.
Mr. Smith then explained that he afterwards saw
Moore, who wished him to introduce a description of
his shop. He told Moore his charge would be 25 gui-
neas. Moore said he would give him 201., and be ac-
cepted that Burn ; but he told Moire that he would n©t
require the money, but that he would take it out in
frames for the engravings which he bad presented to
him. He accordingly introduced the scene required, and
it was exhibited on the stage as long as the pantomime
lasted—about ten weeks. Mr. ix. V. Brooke had been

George Bradford, a labouring man, said that on
Saturday afternoon, about half-past five, he was going
down Great Peter-street, Westminster, when he saw the
defendant beating the little girl she now had by her side
in the most unmerciful manner. He remonstrated with
her, but it was unavailing, and she continued her bru-
tality to the child. On his feeling it his duty again to
interfere she attacked hini, struck him twica, and tore
his coat, but he male no charge against her for anything,
she had done to him.

Mr. Solo Mon contended that there was no pretence
for the charge, and it was very hard that his client, a
respectable man, should be locked up as a felon.
Mr. A'Beckett said that Mr. Price had sworn that he
should be able to produce further evidence or, a future
day ; therefore he must remand him until Wednesday,
but ho would accept bail for his appearance.
Bail was shortly afterwards put in, and the prisoner
was liberated from custody.
THE ASSAULT ON CHILDREN BY THE SHAM SURGEON.
—ln the course of the ray Mr. Solomon entered the
court, and handed to Mr. Edwin, the chief clerk, a
banker's cheque for 1,0001., being the amount of sureties
entered into for the appearance of William. _Hobson
Aubert, who stands charged with committing indecent
assaults on children, by pretending that he was surgeon
to an orphan asylum, and about to recommend them f,r
admission. Ile having absconded since he was bailed
out, his own recognisance in the sum of 5001., and two
sureties for 2501. each, became forfeited to the Crown.

Mr. Paynter inquired the particular nature of the ill-
usage to the child.
Witness replied that she repeatedly struck it with her
clenched fists, and when she had knocked it down kicked
it. She also used very disgusting language towards it.
William Ashley, 281 A, said that he was on duty in
Great Peter-street, when the previous witness called
❑pon him to protect the child from further violence,
and he took the defendant, who was drunk, into cus-
tody. She was very violent to the child in his presence.
Mr. Paynter inquired whether the child had sustained
any serious injury ?
Mr. Simmonds, an inspector of the B division, replied
that the poor little thing fortunately had not.
Defendant, in reply to the charge, said she was very
sorry, but she was so drank that she did not know
what hail occurred.

THAMES.—MURDEROUS ASSAULT.—Dennis Ca-
vanagh, a big Irishman, who has been frequently in
custody for drueken and disorderly conduct and assaults,
was brought before Mr. 'Yardley, on remand, charged
with cutting and woun ling his wife, with intent to
murder her, or do grievous bodily harm.
The prisoner, who was described as an iron plata
worker, residieg at No. 28, St. Anne-street, Linaehouse,
was intoxicated on the night of Saturday, the 3d inst.,
and commenced threatening and beating his wife, who
ran away from him, and sought refuge in the house 4f
oer married daughter, Catherine Terrier, of No 1,
East-row, Limehouse. The prisoner went to his
laughter's house after his wife, and, in consequence of
his violent aid threatening demeanour, the door was
&wed against him. He knocked, and was refused admis.
sion, and after in vain attempting to force open the door,
liethrew up the parlour window,anl was about to enter th,
iioue, armed with a clasp-knife, when his wife made an
attempt to push him back. He used the most inftmou3
language and threats towards her, and plunged the knife
in her side between the two lower ribs, inflicting a eeri-
ois wound, and then cut her across the bosom. The
woman attempted to take the knife from him, and he
cut her across two fingers, and nearly divided the thumb
from the hand. Tne poor woman foil backwards on the
fl por weltering in her blood, arid her brutal husband ran
away. A policeman canned Daniel Sutherland, No. 421
K, caused the woman to be conveyed to a chemist's
sh p opposite the house where the affray occurred, and
the prisoner was taken into custody immediately after-
wards by Sutherland, who toll him his wife was badly
,vounded, but he appeared quite uneuecerned about it.
Mr. Yard ey asked when it was likely the woman
would be sufficiently recovered to attend the court and
give evidence ?

Mr. Simmonds, in reply to a question from the magis-
trate, said that the defendant had repeatedly been at that
court for drunkenness. The child had been taken care
~f i❑ the workhouse since Saturday night, which ac-
counted for its neat and cleanly appearance.
Mr. Paynter animadverted in becoming terms upon
defendant's disgraceful conduct, and called upon her to
find sureties for her future good behaviour.
In default i-he was committed to gaol, and the little
girl, who is fatherless, was sent to the workhouse.

WORSHIP-STREET.—EXTRAORDINAJSYY CASE OF
BURGLARY.— A. young fellow neaned edwavd Towers, en
unemployed groom, was brought up for examination be-
fore Mr. D'Eyncourt ; and William Fleckart, describing
himself as an engineer, was now placed at the bar wit,,
him, charged with having been concerned, with others,
in breaking into the house of Mrs. Isabella Humphrey,,
an aged widow lady of property, at Samford-bill, and
plunde ing it of 1221. in cold and ailver,and two Si. notes,
besides a considerable quantity of plate, a gold watch,
jewellery, and other articles.
Hy Hor weed, brother-in-law of the prisoner Tow -rs,
and gary Ann Perkins, a dressmaker, cennect-d with
Fleckart, were also ch, r fed at the first examination, hut
afterwards discharged tor want of sufficient proof. Tle-
man Fleckart has been upwards of a week in custody
under police surveillance, being too ill to tie removed
until yesterday, and was still in a very feeble state, with
a consumptive look.
Mr. Lewis attended as solicitor for the prosecution.
The facts, as already proved, were briefly these:—
About two months s:nce a man and a woman called at the
house of the prosecutrix, with an urgent request fur her
to immediately visit Mrs. Rush, of Austin-friars, whose
husband, a legal friend who had the management of the
old lady's affairs, was said to have taken suddenly ill at
Salisbury ; but the prosecutrix herself was then so un-
well that neither she nor her servant could go, and sub-
sequently a letter was brought, purporting to be from
Mrs. Rush, requesting the servant to be sent. Tee pro.
secutrix, however, then rode herself to Austin-friars, and
discovered that the message and the letter were fictitious,
and that nothing whatever had happened to the gentle-
man, who was perfectly we 1. Fortunately the servant, who
had remained at home, had her father to stop in the house
with her during the absence of her mistress, and the de-
predation, which had no doubt been planned, was for the
time frustrated ; but early in the morning of the 25th
ult. the house was entered by breaking through a wall
to the kitchen, and the robbers, who used very serious
violence towards the prosecutrix and her servant, carried
off the large amount of property above mentioned.
Upon investigation, it appeared that a sister of the pri-
soner Towers had formerly been in the service of the
prosecutrix, and afterwards married to Norwood—cir-
cumstances which led to the apprehension of those three,
and of Fleckart and Mary Ann Perkins. The servant
of the prosecutrix believed Perkins to be the woman
eh° first came with the fictitious message, but could not
positively swear to her identity, as her features were
imperfectly seen through a veil. Perkins and Horwood
were therefore liberated,
Sergeant Langdon, of the N division, stated that he
firm apprehended the prisoner Fleckart at his residence
in Paris-street, Palace-road, but found him too ill to be
removed, and left a constable in charge of him. He
afterwards took Towers, who, when told the nature 01
the charge, denied at first all knowledge of it, but after-
wards said that lie could tell a little about it, and pro-
ceeded to state that his sister had talked to F•eckart and
Perkins about what a good old lady Mrs. Humphreys
was, and how rich she was, and they agreed to meet
Towers and his brother-in-law, Horwood, and go to the
old lady's house to take what she possessed. That was
five or six weeks before his apprehension, he said, and
they all went accordingly to Stamford hill, where Towers
and his brother waited outside while Perkins and Fleck-
art went to the house, from which, however, they in a
short time returned, saying that they could net do the
job. They then separated, and Towers declared that
neither be nor Horwood had anything to do with the
subsequent burglary and robbery.
Eliza Cook, a remarkably pretty and respectable-loek-
ing young person, who had been two years in the ser-
vice of the prosecutrix. now identified the pris mer
Fleckart as the man who called he the first instance with
the female with the fictitious message and letter purport-
ing to be from Mrs. Rush. The prosecutrix was un well
at the time, and entered the room to speak to them,
leaning upon the arm of the Witness, and the wo eau
wished the witness to go with her and Fleckart, but she
declined to leave her mistress, who was thee so ill, and
said that either of her brothers would go if her mistress
desired it. She remarked that the man appeared to he
ill, and in fast he asked for and was going to drink some
water, and witness seeing him so ill advised hen t,s take
a little spirit in it, and was about to pour out a little
but be declined it. While there he entered the yard
where the wall was that was afterwards broken through
to the kitchen. The evidence given by the witness, and
now again read over, as to the burglary, was to the fol.
lnving effect :—About half-past 9in the evening, after
having secured all the fastenings about the house, she
went to bed in the sane room as her mistress, who awoke
her about daybreak, and sitting up in bed to listen, she
heard a noise, but hearing nothing more she lay down
again till G o'clock, when she went down stairs, and
found qne of the parlour doors ajar, and two men then
rushed upon her, and knocked her down by a blow on
the head. When she recovered, she found one of them
kneeling by her side, with a knife in his hand, and a
chopper and piece of wood near him on the ground. She
screamed at the sight, but he in athreatening way asked
her to be quiet, and she promised that she would if he
did not ill use her. He and another then took her by
the hands and feet dawn to the kitchen, where they
placed her on a chair. They then asked her where the
was kept, and upon her answering
plate and money
evasively, the one with the knife put it to her threat and
said he would cut her throat unless she told, and she
then said that all sheeknew of was in the parlour. They
then got posse,sion of the property, and left her bound
hand and foot in a chair, but some time after their de-
parture she contrived, with her teeth, to untie her hands,
and at length to free herself, and running up to the
bed-room found her mistress tied to the bed, so ng
nearly to double her up, and with a handkerchief round
her mouth. She was almost suffocated, and nearly dead,
and the witness was convinced that she could not have
lived five minutes longer in that state, and she was now
very ill. The witness said that she saw four men alto-
gether in the house, but neither of the prisoners.
Sergeant Langdon nowstated that haviugleft Fleckart
ill in bed, as already mentioned, he subsequently visited

engaged by him prior to that time. The tragedianle-
eeived no salary, as the arrangement was that they
should divide between them the whole expenses of the
house, and then go share and share alike in the pro-
fits. After they had settled the account for which
they were jo►ntly liable, Moore sent in a bill to him
(itnith) for 201. 19s. Saw Moore o❑ the subject of
that bill, and told him that it contained two items which
ought to have been charged to Brooks. Moore then
ran his pan through them, and it was agreed that they
should settle the account for the pantomime scene
when the frames were all finished. In the presence
of Mr. Moore he then wrote upon the bill, "20
guineas to he deducted for the pantomime." The bill
was now in the same dtato as when it was delivered to
leis solicitor. He was in the habit of sexing Moore two
or three times during the week. He never made any
demand upon him (iinith) during his lifetime. In Aug.,
1854, the theatre was not open. He had nothing to do
vith it at that time. Moore, accompanied by Thomas,
did not come to him at the theatre and ask for a cheque,
oor did he give any orders for the performance to Moore
in the presence of Tk►omas.

Sutherland replied that the prisoner's wife was in a
very low state, and she would not be able to attend
until Monday next. _ _

Mr Yardley remanded the prisoner for a week, and
directed the police-constable to summon the surgeon,
who was in attendance on the wounded person, to ap-
pear on Monday next, when he hoped the woman
would be sufficiently recovered to attend.
Mr. Giles, a t•urzeon in Poplar, who bas been in
attendance o❑ the patient, Mrs. Cavanagh, subsequently
waited on the magistrate, and said her recovery was
retard° 1 for want of nutritious food and other neces-
saries required for a person in her situation. The wounds
ware of a very serious nature, and he had just left the
woman pulse!ess. Ile had attended to the case gratui-
tously, and be thought it right to let the magistrate
know the real clndition of the patient, whose daughter
was unable • inaittain her.

On erogß-examination he stated that be bad been
le.. see of Drury-lane since 1852. He was formerly a
sheriffs auctioneer. 'Was also proprietor of the Sunday
Times.

Mr. Joseph Lewis said he had been treasurer of the
theatre since 1353. The charge for DAkin's advertise-
ment was 20 guineas, for Purssell's 20, and for Bennett's
25 guineas. The advertisement of Messrs. Samuel con-
sisted of the 17s. 6d. trousers. The trousers walked
across the stage. (Laughter.) • The scene in Scott's
.Idvertisernent was a shell-fish shop ; the Clown was
supposed to run away with some lobsters. Moore's
cons st ad of racing " tips " and sweeps, and also of his
print shop. It occupied the whole of a pair of flats.
Mr. E. James —The les: you say about flats in con-
nect:on with betting shops the better. (Laughter.)
Witness—The work was one of very great merit, and
well worth 20 guineas.
Mr. E. James then replied.
Mr. Watsrm having replied on the whole case,
Lord Campbell summed up, and
The jury, after an abeence of a quarter of an hour, re-
turned into court with a verdict for the defendant,

Mr. Yardley placel a suvereign from the poor-box
fund at the disposal of Mr. Gile., and requestel him to
expend it for the benefit of the unfortunate woman in
any way he thought proper.

THE SUN; 14614.11?01, Tru-saiva---7.x EVENING-5 MAY 13. 1856.