The Sun.
London, England, 1851-10-30 00:00:00

THURSDAY EVENING, OCTOBER 30, lB6l.

PRICES OF SHARES

IN BANKS, ASSURANCE, AND OTHER COM,
PANIES' STOCK.
From the Official List.

f ÜBLISIIED EVERY TUESDAY AND FRIDAY EVENING

LONDON, TUESDAY, OCTOBER 23.

SOUTFIWARK COUNTY COURT.—Oct. 29.
(Before G. CLivE, E:q , and a jury.)
MILLER V ROBERTS.
This action was brought ro recover the sum of
201., which plaintiff claims under the statute 25ch of
George IL, cap. 36, sec. 7, by reason of the defen-
dant (who was and still is a constable of the parish
of Lambeth) neglecting and wilfully refusing to pro-
secute a brothel and disorderly house in the parishf
Lambeth, after being duly served with a notice signed
by the plaintiff and a person named Price, both inha-
bitants and ratepayers, and after entering into recog-
nizances to do so.
Mr. Mathews, of the firm of Terrell and Mathews,
solicitors to the London Society for the Protection
of Young Females, attended to support the claim;
and Mr. Rogers, barrister, for the defendant.
Mr. Mathews, in opening the case, stated that it
was one of unusual occurrence against a parish
officer, to recover a penalty for refusing to perform a
certain duty which the Act of Parliament imposed
upon him. The Act under which he made the claim
was passed to encourage the inhabitants to suppress
all disorderly and bad houses through the means of
their parish officer, and on that officer refusing to
prosecute he rendered himself liable to a penalty of
201. Such was the ground of the present action for
the defendant not carrying on the prosecution against
a house in St. Albans street, Lambeth, after receiving
due notice from two inhabitants and ratepayers. The
house in question was for a long time a disorderly
house. At the time of the complaint open debauchery
was carried on there, and the characters who frequented
it were so notoriously bad and degraded as to render
the whole neighbourhood a disgrace to the parish ;
consequently, Mr. Miller, the plaintiff, and his partner
Mr. Field, undertook to put a stop to the nuisance by
serving notices on the defendant as their parish con-
stable. He (Mr. Mathews), as solicitor to the Lon-
don Society for the Protection of Young Females,
brought forward the case and served the notices
according to the Act. The defendant, with the
overseers of the parish, attended at the Lambeth
Police-court, but he refused to prosecute or interfere
in any way ; consequently, the plaintiff employed the
society, and, with the assistance of the police, the
parties were prosecuted, and the nuisance suppressed.
He called—
Inspector Rogers, of the L division, who said he
attended the police-court on the 25th of February
last, when the parties who carried on the disorderly
house were before the magistrate. The defendant
was there, and entered into recognisances to prose-
cute them at the ensuing sessions. On that occasion
witness had some conversation with him, when he
said he did not know anything about the house or the
parties, and he seemed reluctant to be bound over,
until witness told him he was liable to a penalty if he
did not.
Cross-examined—Defendant was at the sessions on
the 19th of March, when the bill was found by the
grand jury. The trial took place on the 14th of
April, when defendant was there also. Two of the
defendants were convicted, and the other three
acquitted. The nuisance was then suppressed. Wit-
ness's attention was called to the house a long tune
before by his superintendent, and afterwards he spoke
to Mr. Field about it. The latter person is an officer
of the London Society for the Protection of Young
Females. The defendant did not conduct the pro-
secution, but Mr. Field, from whom he took direc-
tions. He told defendant to attend at sessions to
prosecute.
Richard Field, an officer of the London Society for
the Protection of Young Females, said he had known
the house in question about twelve months. It was
frequently resorted to by juvenile prostitutes and
thieves of the lowest description. In consequence
of that, the property about there was much de-
preciated. He was in attendance before the ma-
gistrate with defendant, when they were all bound
over; the defendant was present by direction of the
overseers. He said to witness that he did not like
it. Defendant attended at the sessions on the 19th
of March, when the evidence was completed.
Witness told defendant so, and requested him to
obtain the indictment, as he was the proper person to
prosecute. He replied that he would have nothing
to do with the case. Witness told him that if he
would not get the indictment, he must. He (defen-
dant) exclaimed, " You may do as you like. I will
have nothing to do with the proseCution." Defendant
never interfered with the prosecution, but his name
was on the back of the bill. After the prosecution
was taken up by the society the nuisance was sup-
pressed, and the houses respectably inhabited.
The defendant was put into the witness-box by
Mr. Mathews, and said that he communicated all he
heard of respecting the prosecution to the plaintiff,
and had frequent conversations with him respecting
the nuisance, and always took his instructions. He
never refused to act in the matter, after Mr. Elliott
told him if he did not he must fine him 501. He did
not prefer the bill, although he was at the Sessions
house at the time it was preferred. He had been
many years a constable of Lambeth, and never bad
occasion to indict any one. On the 18th of March
last he received a letter from Mr. Mathews, which he
showed to Mr. Miller. It was a notice for him to
attend the sessions on the following day and prosecute.
The Learned Counsel for the defendant then ad-
dressed the jury. He contended that there had been
no refusal on the part of the defendant, and that the
action was solely got up to get the solicitor's bill of
costs, amounting to 491. 175., from the overseers, and
that was the screw they put on to get it. The Act of
Parliament provided for costs to be ascertained by two
justices of the peace, and after their decision to be
paid by the overseers. The latter would no doubt.
have paid the plaintiff, had his bill been just, and he
gone the proper way to work. No justices would,
however, have allowed such enormous costs. The
Act of Parliament set forth a " wilful refusal on the
part of the parish officer ;" now he contended that ❑o
wilful refusal had bean proved, as defendant attended
at the sessions and had his name placed at the back of
the bill. He therefore contended that the plaintiff
had not made out his case.
His HONOUR, in summing up, read the Act of Par-
liament, 25 Geo. 11., sth and 7th sections, which set
torth the penalty to be for " wilful neglect, and re-
fusing to go before a justice to prosecute." The de-
-1 fondant did attend before a magistrate, and was bound
rover to attend the sessions. The question then was,
did he wilfully refuse to prosecute ? That was proved
by Field in his evidence, but they must consider
whether it was wilful. The Act of Parliament was
passed about a century ago. At that time London
was quite different to what it was now. There were
❑o police or police magistrates, and no such societies
in existence to put down nuisances, therefore parish
officers were called upon to prosecute in such cases.
He was not surprised that defendant was not so dili-
gent as he might have been, when he saw such an
excellent society and the police take the case up; and
had it not been sworn that he refused to prosecute on
the 19th of March, he should have directed the jury
to have returned a verdict in his favour.
The jury consulted for a few minutes, and returned
a verdict for the plaintiff in the full amount of the
penalty, with costs.

POLICE INTELLIGENCE.
GUILDHALL.

Robert Fortescue Mackrill, a clerk in the employ of
Mr. James Colquhoun, a stockbroker of Shorter's-
court, Throgmorton-street, was placed at the bar be-
fore Mr. Alderman Finnis, charged with stealing a
letter containing a 51. Bank of England note, and
another containing fifty 251. shares in the Lanca-
shire and Yorkshire Railway Company; a cheque
for U. 55., and several letters, the property of his
employer.
Mr. James Colquhoun said—l am a stockbroker,
and carry on business at No. 1, Shorter's-court,
Throgmorton-street. Prisoner has been a clerk in
my employ for the last year and a half, and discharged
himself from my service on the day before yesterday.
I suspected him, and accordingly gave information to
the police. Last night, however, he came to my
house at his mother's request, to try and arrange the
matter with me; but I detained him all night, and in
the morning I took him to the police station and gave
him into custody. On the 11th of this month I
sealed and addressed a letter to my wife, inclosing a
Si. note, and called prisoner to look at the note and
take the number to enter in a book, kept for that
purpose. I always do so, in order that if any money
should be stolen from my letters at the Post-office, my
clerk may be a witness to the amount of money en-
closed, and the number of the notes. Prisoner
admitted that he had abstracted the Si. note, and
omitted to post the letter, which he returned to me
to-day. I then went to No, 8, William-street,
Bethnal-green (where prisoner lodged with his mo-
ther), in company with the officer, and the prisoner,
who there gave me a quantity of papers, among which
I found six letters that prisoner had intercepted be-
tween my wife and me, and which if either of us had
received would have led to prisoner's detection. I
also found among the papers fifty railway shares
(known among brokers as " Leeds Fifths"), value
about 2501., which I enclosed, with a cheque for
1/ 55., to the secretary of the company in January
last, and which prisoner ack ge
nowled he had stolen
at the same time the letter was given post.
The
Fin to
The shares and transfers I found allsafe. There are
a great many cheques and other documents, which I
know
to be forgeries, and, therefore, apprehend that
prisoner has been carrying on a very extensive sys-
tem of fraud upon me. Under these circumstances, I
would ask your worship for a remand of this case,
and also to grant a warrant to search the premises
occupied by the mother of the prisoner.
Alderman FINNIS said there would be no difficulty
about that if the case were left in the hands of the
officer, who would make all necessary inquiries.
The prisoner requested a private interview with
the prosecutor, which was granted by Alderman
Finnis, who cautioned the latter to hold out no pro-
mise to induce the prisoner to make any confession.
Remanded fur week.

NAVAL INTELLIGENCE.
THE MEDITERRANEAN.

Admiral Sir VV. P irker, Barr, G.C.8., with his
fleet, wig to the eastward of Alicante, Oct. 19. A
correspondent, dating from Milta, Oct. 22, says—
" The exercises of the fleet under the orders of Sir
William Parker have continued. The time of those
of Oct. 2 and 8 were as follows at Rosas Bay :
" Oct. 2—Sending up loweryards, topmasts, topgal-
lantmasts, and crossing topgallantyards.
Queen ... ... 9 min. 20 sec.
Albion ... 16 min. 25 sec.
Superb ... ... 7 rain. 30 sec.
Ganges ... 13 rain.4s sec.
Trafalgar 24 min. 0 see.
Indefatigable ... 37 min. 0 rec.
" N.B.—The Firebrand also exercised, and was first,
but her time has not reached us.

" Oct. B.—Shifting topsailyards and furling topsails
with one reef:—

Queen—fore, 19m. 495; main, 28m. 155.; mizen, 12m. 455.
Albion—fore,4om.2os.; main,39m. 505.; mizen, 17m 20s.
Superb—fore,lBm.2os.; main, 19m. 40s. ; mizen,l4m. 50s.
Ganges—fore, 25m. 405.; main, 23m.; mizen, 15m. 555.
Trafalgar—fore, 41m. 405.; main, 40m.; mizen, 23m. 30s.
Indefatigable—fore, 30m. 55.; main, 36m. 405.; wizen,

23m. 30i.
Phaeton —fore,2om. 30a. ; main, 17m. 205.; mizen,22m.23s
Terrible (steamer)—fore, 23m. 215.; main, 21m.
Spiteful (steamer)—fore, 19m.; main, 17m. 303.

Firebrand (steamer)—fore, 16m.; main, 17m. 303.
Scourge (steamer)—fore, 18m.; main, 18m."

Albion, 90, Captain Hope Johnstone' was lying
in the great harbour, Malta, her fore and main yards
down, and her rudder off. She was being caulked
inside and out. It is not likely she will put to sea to
rejoin the Admiral, whose return to Malta may be
now shortly expected.
Firebrand, 6, steam-frigate, Captain Codd, left
Malta on the 20th instant for Naples, where she
would relieve the Dragon, 6, steam-frigate, Captain
H. W. Giffard. She had orders to coast along under
sail if the wind was fair, On going out of the har-
bour she took in tow the Resistance, store-ship,
Master Commander Bradshaw, which had arrived in
the morning from Gibraltar, but owing to light airs
and calms was obliged to anchor off the mouth of
the harbour.

Medusa, steam-packet, Lieutenant- Commander
Bathurst, and the Peninsular and Oriental Company's
steamer Euxine, from Constantinople, the former
with the India mail, were expected in Malta on the
24th instant. The India mail wai to be conveyed to
Marselles by the Medina, steam-packet, Lieutenant.
Commander Reynolds.
Admiral Parker has issued the following order to
the fl-et under his command :

" The following are the regulations for the admis-
sion and treatment of foreign ships of war in the har-
bour of Austria, and communicated for the informa-
tion of her Majesty's ships and vessels under my
command. W. PARKER, Vice-Admiral.

" The following are the declared military har
bours

" 1. The harbour of Venice, under which denomi-
nation is included, on account of the local connexion,
the whole of the coast from the lighthouse of Casaliuo
to the Porto di Brondolo within gunshot distance.
" 2. The harbour of Pula, on the coast of Istria,
including all the neighbouring harbours and anchor
age from the north end of the Bronisti Island to the
Punta di Promontore.

" 3. The harbour of Lissa, including all anchorages
and roadsteads on the whole island.

" No ships will be allowed to enter these ports.
" In Pole and in Lissa only will admission through
stress of weather be allowed, in which case the ship
must, if possible, enter the principal harbour and
anchor just within the entrance, waiting there for
instruction from the sea authorities as to the spot
where she is to anchor.

" Should the state of such ship render it neces,ary
for her to anchor in one of the outer harbours or
anchorages, her commander must, as soon as possible,
inform the commandant of the main harbour or mili-

tarp station thereof, and wait for more precise in
structions.

" 11.

" The harbour and roadstead of Trieste, including
the Bay of Muggia, as far as Punta Grossa, is open
to the ships-of-war of friendly Powers, but under the
following regulations :
" A. There shall not be admitted, at any one time,
within gunshot of the harbour batteries, more than
one large or two small (namely, complements under
300 men) sailing-vessels or steamers of the same flag,
excepting in case of a previous sanction obtained of
the Government in question from the Austrian Go-
vernment.

" Owing to the local position of Trieste and the
Bay of Muggia, as well as of Venice and the coast
therein included, stress of weather cannot come into
operation, and such, therefore, cannot be considered a
valid excuse.

" B. Each such ship or steamer-of-war shall pro-
ceed and anchor in such place only as shall be pointed
out by the harbour authorities, and, should a ship be
compelled by circumstances to let go her anchor pre-
viously to receiving such information, she must (if
deemed necessary by the harbour authorities, accord-
ing to the instructions) afterwards change her berth
agreeably to such notice.

C. If the armament of a ship allow of it, and
particularly if she should be of a class which usually
salutes, such ship should forthwith salute the Imperial
Austrian flag, which salute will be returned with an
equal number of guns.
" D. On the arrival of a ship-of-war of a foreign
flag, her commander must acquaint the governor or
military commandant of the cause of his visit, as also
of the probable duration of his stay ; and a ship must
not, without necessity and a previously obtained per-
mission from the governor or commandant, prolong
her stay beyond the time which has been decided on
with the governor or commandant, according to the
declared object of the visit.
"E. Foreign men-of• war will not be allowed to
fire morning or evening guns in the harbours.
" F. With the exception of officers and subordinate
officers who usually wear side-arms, the crews of
foreign men-of-war must only land unarmed and in
small parties.