The Sun.
London, England, 1851-01-07 00:00:00

posed of at 29s 6d to 31s 6d, low and very inferior 22s to
25s 6d. Oiive is not cheaper, but transactions have been
to a limited extent at trom 41/to 42110 s; and Gallipoli 431
to 45/. per tun. There is rather more business doing in
Seal Oil, and holders are firmer, pale selling at 371 lOs
to 38/, straw and tinged 361 to 37/, yellow and brown
34/to 321105. Cod is held for 391 to 39/ 10s, but sales
are immaterial. Southern is wanted at 34/ 10s to
36s 10d, but supply is small. In Sperm there is rather
more doing, and fine realized 861 to 87/, with only a
limited quantity on offer. A good demand prevails
for Rape Seed Oil, and rates are firm, brown at
35s 6d to 365, pale 37s 6d; and foreign 38s to
38s 6d per cwt. For auction on Friday 50 tuns Sperm,
20 tuna Southern, 80 tuns Cod, and 500 Seed Oils are
declared. To-day at public sale 34 pkgs Ceylon Cocoa
Nut Oil sold at 291 to 301.

CONVICTION OF A SOLICITOR.
On Tuesday, at the Norwich city sessions, Jonathan
Whiteley Cooper, solicitor, aged 39, was charged with
having, on the 4th of July last, unlawfully and by false
pretence, obtained the sum of 51. 6s. from Richard Mills
Burrell, hair manufacturer, of St. Mary's. This case,
it will be re membered, vi as traversed from the lass tes-
sious, and from the well known position of the prisoner
caused considerable interest.

Mr. Carlos Cooper opened tl e case on the psrt of the
prosecution at great length, observing that the inquiry
was of great importance to the eh ferlant, whose cha-
racter as a solicitor was of course deeply involved; but
it was of still greater importance to the public, because
it was obvious that an attorney had opportunities of
imposing upon those who might employ him. He was,
moreover, perfectly competent, if ho was so diiposed, to
obtain various sums of money from his clients for pur-
poses of which they were generally speaking totally
ignorant.
Richard Mills Burrell, the prosecutor, was then sworn
and said—l am a horse-hair manufacturer. I was in
July last in partnership with Messrs. Hindes. Shortly
alter that time an action was brought by Messrs.
Hindes against me. I went, upon hearing this,
to consult Mr. Cooper, the attorney, and stated
the case to him. I gave him my cognovit to pay the
costs by instalments. I left the matter entirely to
him. Mr. Cooper sent for me on the Monday follow-
ing. I went to him. He said do you know what
you promised me. I said no. He said you told me
you would bring an action against the Messrs. Hindes.
I said I could not think of that, as I was on such good
terms with them. He told me I must do so, as they
might transport me. I said they were the first persons
who had ever brought a stain upon my character. I
showed him my books. He said you will do anything to
keep your character up. I said yes. I saw him on the
following morning, and gave him 11. 3s. for the procur-
ing of a writ, which was 11. 2.. 10d., and as I had no
change, the difference I said he might have for a glass of
porter.
The Recorder—No respcc:able attorney would take
any money for drink. I wish to till you this, that should
anything of the kind ever occur agair, you may
know it.

Examination continued—l received a note purporting
to be from Mr. Bailey, containing another charge against
me. I have not the note now. I asked what the further
charge was for. He said I had better give him a sove-
reign to go and consult a c •unsel. He afterwards told
me he went to Mr. Evans. (Mr. Evans being in court
denied this assertion.)
The Recorder said that was another curious circum-
stance, the fee being, according to ancient practice, one
guinea, and no respectable counsel could be consulted
under that fee.
Examination continued—He told me I must file a de-
claration, and I must give him the money to do so. He
asked me for one guinea, which I gave him. I gave him
the money before the declaration was filed. I saw him
again after that. He told me of a replication, which be
said was in cessary. He said 21. 2s. would be required
for the replication.
By the Recorder—Do you know the date when 1 e
said the replication was necessary f—l cannot fix the
date. It was shortly after I gave him the guinea; he
said he wanted the two guineas for the replication; he
said it was absolutely necessary then.
Examination continued—l gave him the two guineas.
I saw him next day, when I paid him two guineas
more. I have forgotten the name of the document
which the 21. 24. was for. I have paid him about
211. altogether. I went to his t ffice shortly after.
I said to him, now there is nothing else to pay ;
he said yes, there are the trial fees—retaining counsel,
jury, &c ,to carry on the action. He said 51. 64. was the
sum necessary. Ho told me he should not get a
farthing by it. He said the money was necessary, as
the cause eeuld not go on without it. He toll me he
had paid all the money for the purpose of carrying on
the action. Ile was absent about twenty minutes.
When he returned, he said he had paid the fees. I
saw him o❑ the Thursday morning, just after this. He
said he had good news to tell me. He called at my
door at six o'clock in the morning, at.d took me into
his garden; ho said he had influence with a clerk in Mr.
Bailey's office, and he could go there when ho liked to
see how things were going on. I received a notice of
certiorari from Mr. Bailey. Ile told me he thought the
Messrs. Hindes were going to remove the action.
By the R•corder—The money was paid after you re-
ceived the certiorari. When I received the certiorari I
left it on the table.

By the Recorder—Cooper sent fur me, and when I
went to his house, the woman who byes there showed
me a paper with the word "certiorari" written upon it.
When I went up-stairs I told Cooper what I had seen.
He was very angry, and asked me who had shown it to
me. I told him his god lady. He said he must reply
to it, which would cost 1/. 11i. 61. After I left, Ise nt
my little boy with a 51. note, and the prisoner afterwards
brought me the charge.
Mr. Ht-nry Miller sworn, said—l am Registrar of
the Guildhall Court. All writs are signed and sealed by
me. A writ was issued by the prisoner on behalf of
Burrell against the Messrs. Hindes on the 14th of June.
No declaraiion was filed till the 23d of September, and in
consequence no plea could be filed at all. No certiorari
was evr issued, or ever, could be; and no proceedings
were ever removed. All the fees I ever received was 4s.
Mr. Bailey entered ass appearance against the writ.
By the Recorder—No replication was necessary. The
case was not ripe for it, there being no plea.
Elijah Crozier Bailey said—l entered an appearance
for the Messrs. Hindes. I had a copy of notice of de-
claration served on me on the 23d of September. I never
entered any plea. I never obtained a certiorari. It was
never mentioned.

Burrell, re-examined by Mr. Carlos Cooper—l re-
member a message coming from the prisoner's father on
a Sunday morning. It was the day before I went before
the maghtrates.

Mr. nWas. Cooper then addressed the jury for the
prisoner, urging upon them what the consequences would
tie, should a verdict be recorded against one who held a
respectable :position amongst his legal brethren. A
person having such transacions with an attorney, and
giving money whenever he liked to ask for it, was al-
most impossible to believe. The Learned Gentleman
concluded by hoping their verdict would be of such a
nature as at once to place the prisoner in that high po-
shim which he and his father before him bad hitherto
held

The Recorder then, with great minuteness, com-
ment. d upon the most material points of evidence, ex-
plaining to the jury such parts as bore most upon the
evidence before the Court relative to the replication,
which was pertectly unnecessary, no declaration having
been issueJ. The evidence given by the prosecutor
showed that such instructions were given to him by
Cooper, which, if they were to be believed, proved at
once the false representations. The point for their con-
sideration was, whether such false statements were made
by the prisoner, and with a design to defraud.
The jury, after a few moments' deliberation, returned
a verdict of Guilty of the second couut, relative to the
replication.

'The Recorder said, it was a very serious circumstance
that one who like himself had followed the profession of
the law so tr any years should be called upon to pass
sentence upon a man who had been to his (the Recorder's)
knowledge a member of the same profession. The prisoner
had it appeared made use of his knowledge of the law,
and of the facilities which he possessed in consequence of
the profession which he had carried on, for the purpose
of defrauding a person by misrepresentation. Now, if
the prisoner had done this, he bad really become a pest
to society. He had been permitted to have a superior
education—an education which should have qualified him
to lead a much better course of life, and to have set an
example to persons in an inferior station. In the
present case, had he (the prisoner) been convicted of
all the offences charged against him, and had the in-
dictment been a little differently drawn up, it would
have been impossible for the Court not to have passed
the sentence of seven years' transportation. However,
soma members of the legal profession might have con-
ducted themselves, and whatever some unthinking people
might have said, rather perhaps in joke than otherwise,
still the profession was held in high estimation. It was
therefore quite necessary that the confidence which was
given them should not be abused, for the tranactions of
life could not go on unless great confidence was reposed
in persons who followed the profession of the law. Per-
sons, then, who broke that confidence ought to be made
a very severe example or. The Recorder then inquired
whether Mr. E. C. Bailey was in court, and that gentle-
man being present, said, he (the Recorder) wished to
know whether the action against the Messrs. Hindes was
really a honk fide action?

M. Bailey—Certainly not. There was not the slightest
foundation for it.

The Recorder wished the matter explained, because
it appeared that Cooper had given Mr. Burrell to under-
stand that the only means of vindicating his character
from any aspersions that might be cast upon it would be
to commence an action, which Messrs. Ilindes were
already about to do.
Mr. Bailey—No such proceeding was meditated.
The Recorder said it was a mere scheme, then, that the
prisoner had adopted, for the purpose of extracting money
from Mr. Burrell's pocket. He had represented that
it would be necessary on the part of Mr. Burrell to ex-
pend a very considerable sum of money. The prisoner
had thus obtained possession of 21L, out of which sum he
had paid 21. and 45., being the expense of ono writ.
The Prisoner—Two writs.
The Recorder resumed—So that this action was
commenced and conducted by the prisoner for Mr.
Burrell as a means of defrauding him. The case had
been fully established to the sltisfaction of the jury,
and he (the Recorder) did not believe that it had been
considered with any degree of prejudice, arising from
any reports that might be in circulation as to the
cbahererairnvctdhteearti.which the prisoner had previously borne in
this city. He (the Recorder) had observed the care with
ehich every matter which had come before them had
hbeaedeiw2hbmed-
brought
the jury before any conclusion had been
Under these circumstances, if the prisoner
had bees convicted of the whole of the offences which
inevitable
against him, transportation would have
uritable result. But as this was not the case,