The Sun.
London, England, 1851-10-09 00:00:00

date, an.d to be accepted " Geo. Marlar," payable at
No. 200, High Holborn, London.)
Mr. Mullens—Was that bill discounted by your
house ? Witness—lt was, with others, and the
amount was credited to his account. It became due
on the 29th of August, and was returned to the house
as "not paid." Notice was sent of the non-payment
of the bill. I was out of town at the time, but I
have no doubt it was presented in the usual manner.

Cross-examined hi, Mr. Humphries—The usual
course is, that all these bills come to my hands. They
mostly come to me direct. Ido not know positively
whether this bill came to me from the prisoner's hands
or not.

Mr. William Thomas, also a clerk in the banking-
house, said—l keep the discount ledger. This is the
book in which the first entries of all bills brought for
discount would be made. This bill was brought to
me, according to my own memorandum, on the 28th
of February, and entered by me on that day to the
credit of the account of Josiah Westley.
Mr. Richard Mullens, of the firm of Bush and Mul-
lens, solicitors, of St. Mildred's-court, said—ln con-
sequence of instructions which I received from the
banking-house, I caused inquiries to be made at
Leeds for Mr. G::orge Marlar, a printer there, and
have learned that no such person is to be found, .1
cannot produce further evidence this day on account
of the distance of the place stated to be the address of
Mr. George Marlar.
Mr. Humphries submitted that there was no evi-
dence upon which the alderman would be justified in
detaining in custody his client, whom Mr. Mullens
had chosen to cause to be apprehended in such a
hurry.
Mr. Mullens said it would soon be show❑ that
there was quite cause enough upon which to ground
the proceedings which it had been considered neces-
sary to adopt.
Mr. Humphries—Mr. Westley does not wish by
any means to shrink from the investigation of any
charge which may be brought against him, and I
must say that the course my friend Mr. Mullens has
taken is rather hasty.
Mr. Mullens—•lf Mr. Westley could have been
found at home he would have been taken long ago. If
the prisoner be remanded I shall be able to show that
there is no such person as George Marlar, printer, at
Leeds.

Mr. Humphries—l submit that what Mr. Mullene
says is not sufficient, combined with the statements
made by the other witnesses who have been examined,
to justify a remand. If such evidence were brought
forward upon an application for a warrant to appre-
hend a party charged with forgery I entertain no
doubt whatever that the alderman on the bench would
refuse to grant it upon such flimsy materials; and if
he would refuse to grant a warrant he would certainly
feel a strong objection to detains person on such tes-
timony.
Alderman WIEE—Has Mr. Mullens anything fur-

ther to state ? Mr. Mullens—Nothing further than
this—that I can prove that there is no such person as
George Marlar, a printer, at Leeds ; that the bill is
overdue; and that there are other bills which can be
produced. and which are not more substantial.
Mr. Humphries repeated that there was no ground
for detaining his client in custody, and said that Mr.
'\Vestley would be forthcoming on any day to answer
to any charge.
The prisoner—Certainly. I declare that I was not
absent from home at all.

Alderman WraE—l think there is a very important
difference between the case of a remand and that of
granting a warrant under circumstances of this kind.
I might not upon such evidence grant a warrant, but
the parties principally interested have brought the
prisoner before me, and Mr. Muliens has sworn that,
if time be given, he has no doubt that he will be able
to produce legal evidence in proof of the correctness
of the accusation. If the charge prove groundless,
the prisoner will be sure to get reparation.
Mr. Humphries—Those who have given my client
into custody are now liable elsewhere for that act ;
but they will not be liable after this day, for if the
prisoner be remanded upon the insufficient statements
made, the act is the magistrate's. I therefore return
to what I before observed, that if there is not suffi-
cient evidence to justify the issue of a warrant, there
is not sufficient evidence to sanction the detention of
my client.
Alderman WIRE—His right of action will not be
prejudiced by the remand, and he would not in such
a case be likely to substitute the magistrate for the
accusers. The remand would, in fact, operate as an
aggravation of damages. The charge is one of so
grave a nature that I cannot help remanding the pri-
soner.
Mr. Humphries—We hope you will not refuse to
take bail. We are ready to give bail to any amount.
Mr. Mullens—l shall leave the question of bail with
the Alderman altogether.
Alderman WIRE—I cannot take bail in such a
case.

Mr. Humphries—Why the case is the most flimsy
imaginable.
Mr. Mullens—l hope it may prove so for the pri-
soner's sake. Ido not consider it necessary to say
any more at present; but I shall state further facts
upon a future occasion. Ido not oppose the taking
of bail, if the prisoner can produce good securities
that he will meet the heavy charges which I shall
bring against him.
The prisoner was then remanded.
Mackay, the revenue officer, who was on Tuesday
brought before Sir Robert W. Carden, upon the
charge of having stolen money in the brig Anna, in
which he was engaged in the performance of his duty,
was put to the bar for final examination.
Sir Robert Carden had sent a messenger to the
Board of Customs to represent the facts, and his im-
pression was that in so serious a case the board should
be the prosecutors, to sustain the character of the
establishment.
Yesterday Mr. Beverley, of the office of the Solici-
tor to the Customs, waited upon the Alderman, and
stated that the board hesitated to prosecute upon prin-
ciple, as the robbery was a private robbery. He,
however, stated that the board would, upon so strong
a representation, reconsider the subject, and commu-
nicate with the Alderman upon it.
in the meantime, however, it was found, upon exa-
mination of the crew (Greeks) of the Anna, that the
detention of witnesses in this country would cause
great loss and inconvenience to the owners, and all
who had to do with the vessel, which was bound to sail
in a few days ; and
Alderman Winn summarily convicted the prisoner,
and sentenced him to two months' imprisonment and
hard labour.