The Sun.
London, England, 1856-11-18 00:00:00

The Court adjourned at 2 o'clock for a few minutes.

On the return of the Lord Mayor,
Mr. Lewis proceeded to cross examine the witne,s.
He said—l have stated all I know about Burgess in
connection with the robbery. lam 40 years of age. I
am not a forger, nor ever forged or uttered a forged
instrument. I was convicted on false evidence for ut•
tering forged instruments. I have received the pro-
seeds of four or five forgeries of bankers' cheques in small
amounts. I knew a man of the name of Nash, who was
transported. He was a❑ acquaintance of mine. I never
received from him the proceeds of forged checks or bills.
I have received money from him.
Mr. Lewis pressed the witness on these transaction q,
but he declined answeriog the questions, and appealed
to the Lord Mayor.
The Lord Mayor told the witness he need not answer
the questions if he dirt not like.

Witness continued—l have stated what I have done,
and I decline to state anything connectedwith the trans.
actions alluded to. I have made false keys for five
years past. During the past twelve years I have passed
by the names of Whitfield, Adams, Agar, Richardson,
and Archer. Agar is my real name, but I mostly went
by the name of Archer. I have known Seward six or
seven years, and had many transactions with him by dis-
counting bills for persons he has introduced to me. The
bills so discounted were tradesmen's bills, and not
the result of stole❑ produce. I read and knew of Seal
being in custody for the robbery. I have seen Seal, but
I don't know him. He formerly kept a betting office
in Bedford-street. I read Seal's examination in the
newspapers. I did not trouble my head about coming
forward. I looked at it as only a casual matter. Wit-
ness declined to answer how he had obtained his living
for the last te❑ years. I lived in Chiswell-street as a
servant, but no robbery took place in the establishment
whilst I was there. I never heard till now of a robbery
having taken place at Mrs. Davis's, where I lived as a
servant. I never heard of an action being brought
against the foreign railways for this robbery. I have
visited America six or seven times during the last ten
years. I never took property there for sate. I have
taken bank notes there.

By Mr. Bodkin—Seward is about 45 years of age. He
is rather stout, and about 6 feet 1 inch or 5 feet 2
inches in height. There are two brothers, Henry and
James. The man I referred to is called James. He is
of a dark complexion, with dark hair.
Cross-examination continued—On my return I have
brought my money back again, and as much more as I
could make. Seward has written one or two letters
for me, but I can't remember on what occasion nor when.
I can write myself. After Seward has written the let-
ters for me I have not been in receipt of money in con-
sequence. I and Pierce went to Sterhe's and
met Burgess, knowing he used the place. I can't
say if the meetings were by accident or design.
We knew the time Burgess's train would arrive, and we
went to Sterne's expecting to see him. Some meetings
were by appointment, but it is impossible for me now to
say which and when they were. I always knew the
train Burgess was on. He continued on one train for
a month at a time. I have known him to be on a train
for two months at a time. The keys were tried seven
or eight times before they were found to fit, and it ex-
tended over a period of probably three months. Bur-
gess was always in the van. It was the break van.
Sometimes the van was next the tender, and at ostler
times a carriage was between them. The guard in the
break van can see through a window in front the engine-
man and stoker, but they cannot see into all the vans.
The guard carries a light in his van. I think on the
night of the robbery the engine-driver and stoker might
have looked into the van. We commenced operations
as soon as the train started, and had one of the boxes
open when we got to Reigate. We made no loud
knocking, and I doubt if they could have heard it. After
the robbery was committed I saw nothing of Burgess till
the division of the spoil at Pierce's house at Kilburn. I
cannot say how long that was after the robbery, nor tho
day of the week on which the division took place. I
can't give the month, day, or week when this took
place. It must have been shortly before my arre.t.
Mr. Lewis declined further cross-examining the wit-
ness until a future day, when the boxes in which the
gold was packed are to be produced.
The witness was re-examined by Mr. Bodkin, and
minutely described the formation of the break van and
the window in front with the sliding door shutting off
the luggage ; the iron safes were placed at the back part
of the van, and where the boxes were broken open no
one could see it. On one occasion during that night
lturgess hung his cape in front of the window.
Fanny Kay, a respectable-looking female, was next
called and put into the witness box before Agar left.
Tney smiled at each other and shook band, and on
Agar's leaving she followed him out of the court and re-
mained a few moments. On her return she was sworn,
and deposed—My name is Fanny Polan Kay. I am 25
years of age, and unmarried. I was formerly engaged
15 months in the refreshment room at Tunbridge station.
I there formed an acquaintance with Burgess, who w as
a guard, by his coming hits the room. I lived with
Agar as his wife about two years ; and I have a child
now about 2 years and 7 months old. I was introduced
to Agar by Burgess at London-bridge station in the
name of Adams. Burgess said Agar was a friend of
his ; that led to an intimacy, and ultimately to ray
living with him. I commenced living with him on 11 ei
June, 1853, in Margaret-street, Oxford-street. We
went from there to Southampton in June and remained
till October, residing after that at Greenwich. He left
me there, and I went to the Kent-road. I lived wide
him at Cambridge-villas, Shepherd's-bush, in September,
1E54, and remained till July following. Agar occa-
sionally had lodgings elsewhere when I lived with him.
I had seen Pierce in Burgess's company previous to my
being introduced to Agar. e called him Peckham,
Anal-
and he answered to that name. Burgess never addressed
Pierce by name in my presence. Pierce once resided in
Walnuteree-walk. Burffess, Pierce, and Agar appeared
on intimate terms. I only saw Burgess and Agar toge-
ther once at the Green Man, in Tooley-street. I have
eeen Pierce and Agar frequently together. When I
resided with Agar in Harleyford-
y,
place
arid brought Pierce with hiPie!•ce was frem.
quently there. I had a servant at that time, named
Charlotte Baker. Afar did not live with rue there; he
came only oecasionad
He lived with me At Na. 3, Canebr;dge villas. She cur-
roborated Agar's evidence as to Pierce's visits there,
an his frequently using the waelehouse for hours toge-
ther, with Agar. The windows of the wash•house were
whitened, and the door fastened, to prevent my knowing
what they were doing. I used to hear hammering aed
filing in the wash-house. They had a charcoal fire in
the wash-house, and they used to fill the copper with
grater. Charlotte Baker left me about 21st May, 1855.
I 'ierce and Agar continued working io the wash-house
p to the time of her leaving. The witness; corroborated
,gar as to his having several courier bags in the house
that time, and other particulers relating to the doings
ol: the two, which it is not necessary to repeat. She
a 3ded, Agar had a great many tools, which he kept in
a green painted box, which was kept in differ cut parts
if the house. A large iron bound trunk was kept
i n the Led,room lecleel and Ager kept the key.
one occasion Pierce and Agar came home with two
bags in a cart containing charcoal. The witness was
some time under examination, but her evidence was en-
tirely corroborative of Agar's relative to his and Pierce's
actions at the latter's residence. When they were oc,su-
pied in the first Beer beck room she heard a roaring
noise, like a furnace, and hammering. Once she looec
momentarily into the room and saw the stovo was taken
out. Pierce and Agar were there at the time, and there
was a bright fire in the fireplace. They ran over and
shut the door. When they came down to their meals
they appeared very dirty and hot. On one occasiorli. I
asked them what they were about, and they repeed
"Leather apron weaving"—a cant term for " Mind your
own business." afterwards saw Pierce bring down
the
large bricks (fire bricks) in a pail and
coal collar. I last saw Agar on 11th June. He left me
very hastily. After he left me I went into the back bed-
' room and I found the stove put into its place and black-

Mr. Bodkin objected to the question, and directed
the witness not to give the required information. At
the proper time for her entering into recognumnoes she
should give her address.
Mr. Lewis protested against such conduct.
Mr. Bodkin said that at present the ends of justice
would be defeated if the address was given.
The Lord Mayor said that, under the cireumstmces,
he could not allow the question to be put.
Mr. Lewis said it was a monstrous proceeding, and to
get her address he must adopt another course and have
her watched home. Here was a woman whose living
was paid for by she prosecution, and it was desirable to
ascertain her whereabouts to make some inquiries about
her. _ _ .

Mr. Bodkin said that at present he advised the wit-
ness not to answer the question.
The witness declined accordingly to answer the ques-
tion. I had no instructions given me not to see any
person pending this inquiry. My child is now hying
with me. She took half a sovereign once from Agar
when he was counting gold-160/. at least.
By Mr. Bodkin—Before Mr. Rees provided me and
my child with support we were destitute. Before that
I was living in part of a roam with a friend. I saw Agar
after his conviction at Pentonville, in the presence of
Mrs. Pierce, but I never had any conversation with him
about this robbery. I first knew of it in February or
March last, from Mrs. Pierce.
It being five o'clock Mr. Bodkin proposed an adjourn-
ment, as there were a great many witnesses more to be
examined.
Mr. Lewis said, from what he had heard, the case was
likely to occupy several weeks, and he therefore asked
that Pierce should be admitted to hail, as the trial could
not come off before the January session.
The Lord Mayor decided on refining bail under any
circumstances.
Mr. Bodkin said that as the prosecutors would have
to go abroad for Tester it would be desirable to postpone
the case for some period, and he suggested a format re-
mand of eight days.
Ultimately the further examination of the prisoners
was remanded till one o'clock on Monday next.
There are upwards of GO witnesses to be examined for
the prosecution.

ened, and the loor butnt Cn h few places. I know a not had sense enough to apply to the workhouse. It ap-
person named Tester. I knew him at Tunbridge. I peared, however, that had not been done, and therefore
have heard Pierce and Agar speak of him, but I never there could be no blame whatever attributed to the paro-
maw him at Cambridge-villas. The day before Agar was chial authorities. The sufferings of the poor children
apprehended I appointed to see Pierce and Collier, the must, however, have been frightful in the extrnTie.
person who had my child, at the Duke of Clarence, The jury ultimately returned a verdict of "Natural
Notting-hill. I found Pierce and Agar there. Agar death."
gave the child to Pierce, who took the child
away in a cab. I was to meet Agar on a subsequent
day, but I found from Zierce ha bad been apprehended
in the meantime. At that time I received 101. from
Pierce, Id. after, and subsequently 101. Last January
I went to him at Pierce's house at Kilburn-vil'a ; I •
there saw Agar's trunks, gold watch, and chain. I
lived there till April, when I left on account of a quar-
rel. The watch has a view of Winchester Cathedral on
the face, and the initials "E. R. A." After I left
Pierce paid me 10s. a week. I was ill, and wrote to him
for assistance in May last, and he sent me 10/. I have
had nothing of him since. I first made a communica-
tion of what I knew about two months since. Mrs.
Pierce has occasionally given me 108. When I lived at
his house I saw Pierce with a great many notes. I first
gave information to Mr. Weatherhead, the governor of
Newgate. At that time I had no means of supporting
myself and child. Shortly after that I saw Mr. Rees,
solicitor to the company, who has since provided me
and my child with the moans of support. I had previ-
ously to this gone to Pierce's for my child's clothes, but
they were refu,-ed me. After waiting there some time
in the kitchen Pierco came down stairs and said to me
" What do you want ?" I said my child's clothes ; he
said "Do you," caught me by the he head, drag-
ged me round the kitchen, and very much ill-used me.
Cross-examined by Mr. Wontner—l have not received
1501. from Pierce. I have received of him 251., 10/ , 51.,
and 10/., and 10s. per week. I went there on one occa-
sion to take the child a vay with the clothes it had. I
never went there and endeavour,-d to take it away naked.
After I lett Pierce I again went to re-tide at Shepherd's
bush, and from thence to Greenwich, where I now se-
ll de. I have not been to Portland. I was taken away
by a man whom I don't know, in a cart from Seeptierd's-
bush. The man was accompanied by Mr. Chapman, a
gentleman in Mr. Ree's office. I have not seen Agar
since. I took the child from Pierce. I have written to
him twice since. I did not know Pierce on the line.
Cross-examined by Mr. Lewis—l was dismissed from
Tunbridge because I left the station against the rules of
the company. I was in distress for some time after I
, left the station. Burgess never gave me any assistance
in money. I had been away from the station 12 months
before 1 knew Agar, and bad got rid of the gentleman
through whom I was dismissed from Tunbridge. Mr.
' Rees does not allow me any money for my support,
but he pays my 'board and lodging for me. No period
. is fixed for the termination of that support.
Mr. Lewis asked the witness where she at present
resided ?

LOVE AND SVIOIDE-- MELANCHOLY

C A 8

A. most painful inquiry took place yesterday before Mr.
Wakley, the coroner, at University College Hospital, re-
spectingthe death of Caroline Hobbs, aged 19, who poisoned
herself under the following melancholy circumstances;—
The deceased had formerly been in the service of a gen-
tleman's family, whose name was given, in Burlington-
gardens, and by whose wife she was greatly esteemed.
A connection between her and some young in in, a former
acquaintance, arose, which ended in most unfortunate re-
sults. In order to hide her shame she left her situation,
and took lodgings in the house of a Mr. Maskell, at 5,
Augusta-street, Rt.geut's-park. As she was a very well-
conducted young woman, Mrs. Maskell also became inte-
rested in her. She had no visitor of any kind, except an
elder sister, during the time she lodged there. On Tues.
1 day morning last, between nine and ten o'clock, this sister
was with her, and she was then very low in spirits, and
said she could never live separated from him." She went
out afterwards, and returned at half-past 11 o'clock, when
she cooked some beef-steak, and ate a portion. Between
half-past one or two Mrs. Maskell heard a moaning, fel-
-1 lowed by a heavy fall on the floor of the deceased's room,
i and upon running up to ascertain the cause, found )ter
lying insensible, and frothing at the mouth. Two small
bottles, labelled respectively "Laudanum—Poison," and
" Essential Oil of Bitter Almonds," together with a wine
glass which had recently been used, were found upon the
table. A medical man was at once sent for, and by his
directions she was removed to University College Hospital,
where she arrived in articulo mortis. Mr. Price Jones, the
resident surgeon, examined her, and, finding what she had
taken, and that she had lived more than 45 minutes after
swallowing the prussic aci I, at once concluded that the
opium had retarded its action, thereby offering a chance of
recovery. On this account, and from the weak state she
was in, he was afraid to use the stomach pump lest he should
produce asphyxia and destroy the only hope left. Other
remedies were applied, but she died at 10 minutes bolo: e
four o'elock. A. post mortern showed that, in about 10 weeks,
the poor unfortunate creature must have become a mother,
and this it was that impelled her to terminate her exist-
ence. Shortly before she swallowed the poison she wrote
two letters, addressed to her mother and Mrs. Maskell.
The letter to Mrs. Maskell said :—" I am greatly obliged
to you for your kindness to me since I have been with you.
God will reward you and your children. If you will go to
my mother, at 6, Polygon, Clarendon square, she will tell
you what to do with me. I have been driven to despair !
My sister will be up at five o'clock." The letter to her
mother began by saying that her case was a fearful one,
"For you don't know half my sufferings.. . . Don't fret
for me—l will go before and be ready to receive you. Give
my love to my father and brother, and I hope they will be
good to you. I hope my poor dear sister will be well pro-
vided for. I beg you will not scold my dear Harry ;it is not
his fault, and I love every hairof his head. Write to him and
he will pay my funeral expenses. Pray, don't wrong him for
my sake. Don't scold him. I could not diehappy if ! thought
you would do so. My dear Jane (her sister) will give my
love to Mrs. —, and tell her all about it I am not
yet 19 years of age, and don't forget my birthday, (the
26th of December.) Tell my Harry I love him, and can't
bear to be separated from him." She then alludes to some
one who has spoken against her to a former employer, but
does not intend to retaliate, as it would " do her no good,"
and she would " not hurt a hair of anybody's head but my
own," and thus concludes :—" I have put all my things
right for you to lay me out in, which you will see, and I
have sent him my likeness. I have only my clothes to
leave you ; I wish I had more. Good bye ! God bless
you !—Your affectionate daughter, " CAROLINE."
There was scarcely a dry eye in the room on the reading
of this letter, and deceased's sister fainted away.
The Coroner said he had rarely met with a more melan-
choly case, and the jury returned a verdict of death from
swallowing poison, but leaving the state of the deceased's
mind an open question.

AN IMPORTANT POINT FOR DIM 11,4 TIC
_AUTHORS.

WESTMINSTER. COUNTY COURT—Nov. 17.
(Before F. Bayley, Esq., Judge.)

LEWIS V. SMITH-MR. C. MATHEWS IN " THE GAME OF
SPECULATION."

This court was crowded with theatrical and dramatic
authors, to hear the result of an interesting trial brought
by the plaintiff, a dramatic author, against Mr. E. T.
Smith, lessee of the Theatre Royal Drury-lane, to recover
the sum of 141. 145., for representations during seven
nights at Drury-lane of " The Game of Speculation."
The claim was brought under the act Will. IV., cap. 15;
and the defendant's solicitor admitted that the piece had
been played on the nights stated in the particulars, and
submitted that the only question was as to whether they
had a right to play it.
Mr. Charles James Mathews, the popular comedian, was
examined, and stated that in 1851 he was the lessee of the
Lyceum Theatre, and in that year plaintiff adapted a piece
which was subsequently produced at the Lyceum, called
" A Game of Speculation." Mr. Mathews purchased the
right of representation, and he contended that in the ab-
sence of any special contract he had a right to represent
wherever he chose to play it, avid the only instances to the
contrary were the cases of Planche and Brahaw, who made
au express coma-act Ho had played the, piece every year
since its introduction, throughout the provinces, and no
claim had been made for it. Basides, the plaintiff had at-
tended the rehearsals, and witness considered ho had a
legitimate right to play the piece anywhere he pleased,
having paid the plaintiff 501. for it.
The plaintiff contended that the right of playing the
piece was confine I to the Lyceum, but not elsewher, with-
out his consent, which had not been obtained in the pre-
sent instance.

The learned Judge was of opinion that if there had been
an assignment of the property it naust ba in writing, which
was not done in the present case, and the defendant was
not at liberty to enact without the consent in writing of
the author.
Mr. Mathews demurred to this ruling, and a long and
desultory discussion ensued, in which Mr. Mathews fre-
quently repeated the hardship he felt it upon him in
having purchased a piece for representation, as he supposed,
wherever he pleased, inasmuch as he paid his UV. down
for the right of using it, and notwithstanding this he was
to be told that the act of Parliament required him to ob-
tain the consent of the author, whereas the Dramatic
Authors' Society list, which was published, was an equi-
valent for a notice in writing. Besides, the piece was
partlyhis own, as he had taken the trouble to go through
it carefully, and altered it in most material respects, ny
introducing important speeches, and made other additions.
At length his Honqur said if he changed his opinio n he
would acquaint defendant's attorney, and in the mean time
he would look over the authorities, and give judgment in
a week.
Judgment postponed.

THE GIGANTIC FRAUD ON THE GREAT
NORTHERN RAILWAY•

The late frauds on the Great Northern Railway are na-
turally exciting great alarm amongst railway proprietors
—who are asking what is the use of audits by professional
accountants, if one of the most important_f books of the
company is never looked into, as wouh appear to have been
the case with the Great Northern Railway and at the
Crystal Palace. Redpath has long been known to be living
far above any income he could derive from his services to
the company—always representing himself to be a most
successful jobber on the Stock Exchange-a-and the question
naturally presents itself, ought a man in the position of
Redpath to be allowed to job on the Stock Exchange ; or,
being known to do so, ought he not to be immediately
removed from his situation, lest ho should be led to gamble
with his employer's money ?
Redpath was not only well known as a constant guest
at fashionable parties, but even contrived to get presented
at Court. He was almost equally as well known in Paris
as in London—be being a frequent visitor there—and being
iu the habit of patronising the Hotel Windsor, where he
lived in most princely style, his hotel bill being said to have
averaged 1001. a week, besides what he must have expended
at the numerous expensive cafés which he was in the habit
of visiting, and where he thought nothing of ordering
wines at 30 or 40 francs a bottle.
During a recent visit it is stated that he became a com-
petitor with the Emperor for a beautiful antique model of
Leda and the Swan in silver. The Emperor offered 7001.,
and Redpath TAN., and the coveted ornament was duly con':
veved to the mansion at Weybridge.
Redpath, like Robson, was a great patron of the
theatres, and might be nightly seen either at tho Royal
Italian Opera or the.Heyina.rket, to the stage of which he
had ready access, and where his love of display, which he
seems to have possessed in an extraordinary degree,
caused him often to give away his money—or perhaps
we should say that of his employers—in a most extraor-
dinary manner. Thus, he upon one occasion said to a
leading actor, " --, my dear fellow, you never take a
benefit, and I have no opportunity of showing my ap-
preciation of your character as a man, and your talents
'as an actor, as I wish to do • do me, therefore, the plea-
sure to accept this slight acknowledgment of nly opinion
of you"—at the same time forcing a cheque for 50/.
into hie bends. The box book-keeper of the same theatre
having died a few weeks since, leaving a widow and seven
children, an appeal was made to Redpath to assist in go' -
ting one of them into the St. Ann's Society Asylum. He
promised to use his best endeavours, and the next day sent
the requisite number of proxies to secure the election.
Not does his conduct appear to have been always controlled
by ostent ition, he' leaving, been known, upon more than
one occasion when attending the elections at the institu-
tion to which we have alluded, to go up to some poor
widow whom he has seen bathed in tears, fearing that she
had no prospect of securing the election of her child—to
inquire into the case—desire her to ascertain how many
more proxies she required, and then give her a cheque to
secure them ; whilst, in other cases, he hes presented the
mother with 20/. or 25/. to assist her until the next elec-
tion. On the occasion of the annual festivals of one or
more of the charitable institutions of ,the metropolis,
Leopold Redpath was in the habit of paying from 53. to
1001. from his own pocket in order to add to the splendour
of the dinner—a fact of which very few of the guests were
cognisant. At the first dinner of one of these societies,
after the return of H.R. the Duke of Cambridge from
the Crimea—an occasion on which his Royal Highness
presided-100 guineas were so expended—the subscription
lists also bearing the names of " Leopold Redpath,
50/. ; and Mrs. Redpath, 501. But this was not all ; for
in the course of the evening Redpath handed in another
cheque for 1051., as a donation from a " Citizen who ad-
' mires the character of H.R.H. the Duke of Cambridge,
I and who wishes to congratulate his Loy al Highness on his
return from the Crimea."

TADYERTIsEntENT.I--_-Holloway's Ointment and Pills
ce4ta.ir. Remcdies hr Sore Legs.—Mr. Johnson, chemist,
of Great Howard-street, Liverpool, inforrred r
Holloway that Mrs. Jackson, miding near his estab ish-
ment, had suffsrcd many years Irern an ulcerated leg,
during which time she was applying remedy after remedy
without any permanent benefit ; consequently, as a last
resource, he recorninalded her to try Holloway's oint-
ment and pills, and these medicines have been the means
of effecting a complete cure, to the great satisfaction of
herself and others who had considered her leg as incur-
abie._Sold by all medicine vendors throughout the
world, at Professor Holloway's Establishments, 244,
strand, London, and 80, I!7aiden-lane, New York; by
A. Stamps, C,,natat.ti;lople ; Guidicy, Smyrna ; and
E. Muir, Malta.