The Sun.
London, England, 1860-01-28 00:00:00

rim SUN. LONDON, SATURDAY EVENING, JANUARY 28, 1860.

unnecessarily occupying the attention of the house if he
were to enter into any general discussion upon the question
which his hon. and learned friend had raised. He would
only state, with reference to this particular case, that the
hon. and learned gentleman himself admitted that he did
not wish the prerogative of pardon to be abolished. Yet he
spoke of the anomalous proceeding of pardoning criminals
without the concurrence of a jury, upon the production of ex
parte evidence. This practice in the case of Smethurst was
percisely that which had been pursued for time out of mind
by all Secretaries of State that had preceded him (Sir G.
Lewis.) To say itwas anomalous, therefore, could only mean
that it was anomalous only according to some standard which
the hon. and learned gentleman himself had in his mind.
The course he (Sir G. C. Lewis) had pursued was to obtain
the shorthand writer's notes of the trial, to hear everything
that could be said by Stnethurst's friends and legal adviser,
to refer all the papers that had been brought before him to
the judge before whom the case was tried, and to request
his report upon it. It was not until the very learned judge,
the Lord Chief Baron, before whom the trial' took place,
had made his very full report, that he (Sir G. Lewis)
thought of adopting the advice recommended in that report,
viz., to submit the whole case to some competent medical
practitioner. He accordingly referred the case te Sir B.
Brodie, whose eminence and fitness every one in that house
would admit, mid who was quite unconcerned in any way
in the event of the trial. Sir B. Brodie said that he had a
most superficial knowledge of the subject, and that he could
form no opinion upon it. After a full deliberation, after
giving to the subject the best attention which he (Sir G.
Lewis) could master, and hearing the opinions of a vast
number of persons,he carnet° the conclusion a advising the
Crown to grant a free pardon, and he could only say that
nothing had occurred since he gave that advice which had
made him doubt the rectitude of the course he then adopted.
(Cheers.) He thought it only right to say that the Lord
Chief Baron expressed an opinion that it was not right that
the prisoner should be executed. Ho also suggested subse-
quently that Smethurst did not administer drugs to Isa-
bella Bankes with a view to take her life, but possibly he
might have administered drugs to her with a view to procure
abortion. That was a hypothesis suggested to the learned
judge by the evidence, but wholly different from that which
was proposed by the prosecution at the trial ; and it was im-
possible for him (Sir G. Lewis) to say if that view had been
laid before the jury, that they might not have found him
guilty of the less criminal charge. The house, therefore,
must see that, according to the view of the learned judge,
which he adopted after much consideration, this was not a
case in which the Crown could be advised to commute the
capital sentence into one of penal servitude. He was glad
that his hon. and learned friend had not moved for papers
on the subject. He (Sir G. Lewis) was glad to give any in-
formation which the house might desire as to the exercise of
the prerogative of pardon, but he must express an opinion
that great inconvenience and embarrassment would arise in
the discharge of this extremely delicate and painful duty if
the papers on these questions were made public. (Hear.)
Mr. DIGBY SEYMOUR observed, with regard to the
question which the right hon. gentleman had previously
answered, that he had latety seen an extract from the New
York Times, from which it appeared that during the last
year there had been no less than 49 complaints by seamen
against captains and officers brought in the American courts,
and only in one instance had there been a conviction. The
great majority of those cases had broken down for want of
evidence. He begged to remind the house and the right hon.
gentleman that by one of the provisions of the Shipping
Act, any captain of a vessel was competent to call upon the
captain of another vessel to take on board a person accused
of an offence of this description, and to carry him to the port
where he might be tried, under a penalty of £5O. He sug-
gested that under the extradition treaty this provision might
be extended to American ships. He thought this was a
provision which might well be adopted by the American
Legislature. At the same time he might add that the same
act contained provisions for taking the depositions of wit-
nesses who could not attend at the place of trial.
The motion for the adjournment to Monday was then
agreed to.

CONSOLIDATED FUND.
The report on the Consolidated Fund was brought up
and agreed to.

SUPPLY.
The house •vent into committee on motion for supply,
which was agreed to, and the house resumed.
PROBATE AND ADMINISTRATION (INDIA)
BILL.
Sir C. WOOD obtained leave to bring in a bill to regulate
probate and administration with respect to certain Indian
government securities ; to repeal certain stamp duties ; and
to extend the operation of the act of the 22d and 23d Vic.,
c. 39, to Indian Bonds.
Mr. H. BAILLIE wished to ask whether the Govern-
ment meant to repeal a clause in the Trustees Act of last
session, which had been held not to extend to property in
India. He thought this was a first step towards an Impe-

rial gnat antee of Indian securities.
Mr. CRAWFORD asked whether the effect of the bill
would be to enable owners of property in India to deal with
that property either in this country or in India ?
Mr. MALINS deprecated any alteration of the law,
which would place Indian stock in a different position from
that which it now held. A noble and learned lord (St.
Leonards) had expressed his determination to procure the
repeal of the previsions of the act of last session; but ho
hoped the Government would not support that proposal.
Mr. GREGSON recommended some simplification in the
terms of the late Indian loan.
Mr. AY RTON understood that the object of the bill was
to render promissory notes drawn and payable in India sub-
ject to the probate law ef this country ; and in this view he
approved of the measure.
After a few words from Mr. A. MILLS,
Sir C. WOOD stated in explanation that the Lord Chan-
cellor had held that the recently created Indian stock did
not come under the same denomination as the original In-
dian stock ; and it was to enable holders of that stock to
administer to it in this country that the bill was proposed.

Leave was given to bring in the bill
MANAGEMENT OF HIGHWAYS.
Sir G. C. LEWIS moved for leave to bring in a bill for
the better management of highways in England. The ex-
penditure on those roads defrayed by highway rates had
risen from X 1,854,000 in 1850, to £.2,118,000 in 1857. The
bill which he intended to introduce was founded in a great
measure on one that had been propssed by the late Under-
Secretary of State. In the General Highway Act there
was a power given to the parishes to petition the justices of
quarter sessions to unite one parish with others, for the pur-
pose of forming a highway district, for the maintenance of
highways, and appoint a surveyor. If the justices of
quarter sessions thought fit to make an order on the sub-
ject it took effect, and the district was funned. That was
the state of things under the present law, but it was scarcely
ever resorted to, inasmuch as it could only be put in motion
by a petition from one parish, without any power of com-
pelling the assent of the neighbouring parishes. That act
was, therefore, found to be inoperative. The hon. member
for Pembrokeshire introduced a bill, some years ago, for
the purpose of establishing road districts in the six counties
of South Wales. That bill gave a compulsory power for
the formation of districts, and since, it had been in opera-
tion he could bear testimony to the satisfactory manner in
which it worked. It produced a more efficient repair of the
highways without any increased expense. The plan on
which the present bill was framed was this It gave power
to the magi tra.tes of quarter sessions to divide counties into
districts of parishes for the repair of highways. It provided
that waywardens should be elected, and possess powers
similar to those possessed by the boards of poor law guar-
dians under the poor law. These local boards wore to have
power tae appoint surveyors, clerks, and treasurers. The
machinery, therefore, should be of the most simple charac-
ter, and quite in analogy with that which had been in ope-
ration for so many years for the relief of the poor. There
was every reason, therefore, to hope that it would work in an
efficient and satisfactory manner. The bill proposed to give
the town councils similar powers for dividing the t :was into
districts as wet a given to the magistrates of quarter sessions
in counties. That was the outline of the bill, but it con-
tained ono material deviation from the bill of last session
which he should explain, and which he trusted would faci=
litate its passing in the pressent session of Parliament. He
had had himself charge of bills of this nature, and was
therefore well aware that the great obstacles to their success
arose from the fact that whilst in many parts of counties
there existed a strong desire to obtain powers of the sort—
for he had received many applications for the introduction
of a measure of this description—in others there was no such
desire of possessing similar powers. This want of unani-
mity, therefore, was the greatest obstacle to the success of
measures of this kind. What he proposed to do was to make
it optional with the magistrates of each county, whether
they would or would not introduce it in that county—that
the justices of quarter sessions should make a provisional
order in the first place, the consideration of which was to be
postponed till the following quarter sessions ; and if then
confirmed it was to become a compulsory order. A similar
provision was made with regard to the town councils. In
this way tbese parts of counties which might desire to avail
themselves of the measure would be able to do so, whereas
it need not be introduced into those parts where there was
no desire to avail themselves of it. He hoped the house
would give a fair consideration to the measure, and that it
would become law during this session.
Mr. BRIGHT said he waited in the house with a view of
knowing whether the right hon. gentleman would give any
reasons for the introduction of this bill, and after listening to
the tight hon. gentleman ho believed he did not now give
the real reason for it. He found the bill introdtteed sOssiol
after session with some kind of statement like that of the
right hon.gentleman. He could only suppose that the measure
was found by the right hon. gentleman in one of the pigeon-
holes of his office, and that his predecessor had extracted a
pledge from him that he would go on with It , as he was not
left long enough in office himself to do so, He had not seen
any petitions in favour of the measure, nor had he heard a
single human being saying that he felt aggrieved by the
present system, or wished to see a departure from the old
system of the coatitry, The right huh. gentleman began
by stating the magnitude of the interests concerned—that
on the high Ways not Connected With towns more than a
million had been eXpended, whilst on the highways in towns
or the streets £BOO,OOO had been expended. But the right
hon. gentleman drew no inference from these figures. Per-
haps his wished the house iii &Mehl& that there had been
some waste in that expenditure. He did not tell the house
that in most towns the most perfect system of local governs
meat that doilid be devised existed, and that tie whole
nitihegement of the highways was vested in the occupiers
who ilaid this large sunt, and they appointed annually the
officers by whom it was expended. It was therefore per-
fectly nature l that there should be no complaints and no
petitions on the Subjset. He Undertook to say that nobody
ofst
rrsaistsetopi arf tybheiaranskctiihne :dot ub
aegrihnguniterietthme
oe.
arrangements.
kingdom m wished to have the
bill passed. In a former session he protested against mea-
o
mtriciiotchhofeafi!series')Jeforlii.aetihsl) no
tetmortb.egted against measures from overn-
eltiautilight4tewrg.hr
wag stub to gentleman In the
house would contradict him—that there was no demand
raiin any pert of the dotintry for this bill. The right hon.
stated unhesitatingly,—and
lie
gentleman said there existed a power Wirt of uniting pa-
rishes for the repair of the highways, but that the parishes
had net availed thertlo,6l4MS di' stirlh power, and he made that
ail argiinlent in favour of the introduction of the bill. He
(Ntr. Bright) thotizht, the Contrary, that it was an argu-
ment against, it. He did not wish to speak in iinfavourable
terms of the magistrates of quarter sessions by whom this
bill Was to be put it operation biit thoY *sit not the class
of persons in whom the ratepayers had much euistidence.
They were appointed by persons under the Crown, or by the
Chancellor of the Duchy of Lancaster, In his own neigh-
bourhood Whole batches of magistrates had been appointed
)taissAt;_inoet every owner of
armua2;gghdo government
and
n°tP offices Pei -
lfaolrupt (o.fifitaicathl
oreuassaonndleacclrseawr,gtheltarco.
sions, and to them was to be given the power of upsetting
were the gentlemen who formed the couilirtl)34lo3ftfq}ittlrteTrhseesee.
eating new districts
all the old parochial arrangements—of
—of doing
ofth awthwichhi
nchobnocloybtyln
ttbi
tielt
mli
owanno
whichus ddto
that
td aseyoxuiw7.Let
Walesft
ohr the
centuries
atc
udt
al
conperrrri
act,n le principle
anded, othtf
.eo63..een
paleakinededf.owi7ar,
iareeamre)d remedying
at
etnorl ietrvitiitfy ma hadnbietu
been no ww(hiriscehannflt,hdve expense no
greililY '.stare, but some stronger argument than that
t
asked for. It was ftwanted or
6tistiferenceof the power which existed
in the knule of the ratepayers of the parishes to rs body of

magistrates who were not appointed by the ratepayers, and
who were not responsible to the ratepayers. That was a
direct contradiction of every principle which the house
ought to hold dear in legislating upon matters of this kind.
Then the right hon. gentleman said he was going to make
his bill better than the bill of the late Government, for he
was to make his bill optional and not compulsory. But the
option of putting the bill into force would-be the option of
the magistrates of quarter sessions, and not the option of
the ratepayers. What condescension to the ratepayers, that
the magistrates of quarter sessions were to have the option
whether they would accept the new powers thus conferred
or not. If no one petitioned in favour of this bill—if the
parishes were content—if the present system existed for so
many centuries and was not complained of—if the highways
were better managed than they ever were before, why, when
they were likely to have before the house so much that
was important this session, trouble themselves with an
offensive and unnecessary hill of this kind f (Hear,
hear.) He thought the right honourable gentleman
was not strongly in favour of the measure, and that
there was something on his lips which, if he had been
allowed to speak out, would have been condemnatory of the
bill and its author. (Laughter.) He believed the right hen.
gentleman would be glad if the bill were rejected. (Laugh-
ter.) He would not say that, but he believed the right hon.
gentleman would have occasion to be glad if it were rejected.
He should not oppose the first reading of a bill introduced
by the Government, but he should willingly unite with any
other members in opposing its future steps.
Mr. SLANEY thought his hon. friend had unnecesiarily
cast some degree of condemnation on the magistrates of
quarter sessions, and that he had mistaken the nature of the
measure. It would not deprive the ratepayers of the control
which they at present possessed, whilst it would, in his
opinion, have the effect of securing a better supervision and
repair of the roads. He trusted the bill would give power
to make improvements in roads leading to railways, which
had now become important.
Mr. HARDY referred to the imputations which the hon.
member (Mr. Bright) had cast upon those who had previ-
ously been in the Home-office, and asked who could have
expected that hon. gentleman to have stood forward as the
defender of ancient institutions. (Hear.) He had been
constantly called upon and asked if nothing could be done
for the improvement of the highways, and he thought that
those who were aware of the state of the country roads
throughout the kingdom would see the necessity which
existed for a change in the law upon this subject.
Sir B. LEIGHTON hoped that the bill would be carried,
and he thought that nothing would more gratify the eou*try.
Sir G. C. LEWIS replied, and said that what he proposed
would not be less popular but more popular than the pre-
sent system. The repair of the highways was at present in
the highest degree unsatisfactory. A more defective sys-
tem than that at present in operation for the repair of rural
highways could not exist, and that was tba reason why
this measure was introduced.
Leave was then given to bring in the bill.
MUNICIPAL PROPERTY, MORTGAGE, &c.
Sir G. C. LEWIS obtained leave to bring in a bill to
make further provisions concerniag mortgages and other
dispositions of property, belonging to municipal corpora •
tions in Eagland and Wales.
NEWSPAPERS, &c.
Mr. AYRTON obtained leave to bring in a bill to repeal
certain acts and parts of acts relating to newspapers, pam-
phlets, and other publications, and to printers, typofounders,
and reading rooms. The hon. and learned gentleman ex-
plained that this was the same bill which he introduced
last session, but it was too late to carry it into law.
ROMAN CATHOLIC CHA.RITIES.
Mr. BO WYER obtained leave to bring in a bill to amend
the law regarding Roman Catholic Charities.
The several bills were then introduced and read a first
time.

The house adjourned at half-past seven o'clock.

LAW INTELLIGENCE.—Jan. 27.

COURT FOR MATRIMONIAL CAUSES,
(Before the Judge Ordinary, Mr. Justice Wigb tman,
and Mr. Baron Watson.)
BOYNTON V. BOYNTON.
This was a petition by the wife against her hus-
band, for a divorce on account of his adultery and
cruelty.
Mr. Macaulay, Q.C., and Mr. Jones appeared for
the petitioner, and Mr. Hawkins, Q.C., and Dr.
Spinks and Mr. Keane for Captain Boynton.
Mrs. Boynton (the first portion of whose evidence
appeared in The Sun of yesterday), said—On one
occasion, at Nice, on her asking the respondent for
some money. he boxed her ears and shook her vio-
lently, and then locked her up in a dark bedroom.
She was in the family way at the time. He left
her locked up until the landlady heard her crying
and came and opened the door. On their return
from abroad, in 1851, they went to Notting-hill,
and stayed at Mrs. Hodges' until after witness's
confinement. She intreated her husband to re
main with her about this time ; but the day before
her confinement he left and went to the York
races. Ile was af eraar is telegraphed for, and re-
turned for a week, when he again went off to some
races, and refused to be at the christening. He,
subcquently proposed that she shou'd take up her
residence at the lodge gate of his father's house.
She refused to go to the lodge, and remained at
her mother's. Ile stayed away from her nearly all
the winter. Ho came up in 1852, when dividend
time arrived, and took her to Cheltenham. While
at the George Hotel there she had occasion to ask
him for some money. He gave her a cheque, which
she sent up to Capt. "Hodges to get. cashed ; but the
cheque came back, anti when she reproached him
with deceiving her ho became extremely angry,
and struck her violently on the head. It was avert'
heavy blow, which caused her comb to break.
They came up to London in the spring, and he after-
wards took a furnished cottage at Beverley. They
resided there from the summer until the ensuing
spring of 1853. He never introduced her to any
society at Beverley, and he was generally out
shooting and hunting. He only once brought home
a person to dine. The party was a very low per-
son, and in consequence of his coarse conversation
she was forced to leave the room. While living
there, a communication was made to her by a ser-
vant. The communication was about a person
named Sarah White. They left Beverley in the
spring of 1853, and hired a house in. Cambridge-
street, Hyde-park. Sir H. Boynton having died,
gnesin consequence, and while
Mrs. Hodges died. They came
there,
rewent,
her to
mother,
Burton
A
up to London for the funeral, but Capt. Boynton left
before the funeral took place. Shortly after this her
husband rejoined the army. He joined the 17th Lan-
cers in the spring of 1855, and went to the Crimea
with the regiment. Upon his coming back ill, at
the end of 1855, she met him at Portsmouth. They
lived together until he joined his regiment in
the summer of 1856, in Ireland. She afterwards
joined him, and they went to Dublin, where
she stayed six months without any society. In
1857, Captain Boynton got leave, and they went to
Brighton. He left her there and came up to Lon-
don. Upan bearing the regiment was ordered to
India she followed her husband, who had rejoined
in Dublin, but he appeared annoyed at her pre-
sence, and only came twice to the hotel to see her
within in a fortnight. He then went to England
to sell his commission. When they came together
again he had sold out, and they went to Scar-
borough. Ho frequently left her there for weeks
at a time without any money whatever, and when
he came back be refused to say where he had been.
They afterwards lived at Brighton, but while there
he left her constantly alone, and passed her in the
street, as if he had never seen her in his life before.
On her remonstrating with him, he struck her vio-
lently on the arm with a hairbrush, and she never
afterwards dared to expostulate with him as to his
unkindness, because she was afraid of his violence.
, She received an anonymous letter in April, 1858.
At that time Captain Boynton was in Yorkshire,
and she was with her child at Brighton. In con-
sequence of the receipt of that letter she left his
guardianship and commenced the present proceed-
ing. Her husband had since once found his way
into the lodgings she had taken near her sister's
house.
Cross.examined—There were no books nor a
piano at Burton Agnes. There were some old
books of theology which she did not care to read.
and there might have been a kind of piano, a hun-
dred years old. Her husband never treated her
very kindly. She never heard any one say that he
spoiled her. He was always unkind to her unless
she did exactly what he desired. She had written
to him affectionately, and he had answered her
letters. The reason he dragged her into the hall
at Burton- Agnes was because he thought she had
signed her money away to her mother. She did
not call out or make any noise, although he dragged
her violently, but she resisted as much as she could.
She cried and went up to her room until he had
recovered his temper. In the shop at
Brussels she flatly contradicted her husband, but
she did not remember calling him a liar. She
might have dined quietly with him in the evening,
but that did not prevent his pushing her along
the street. He almost frightened her to death. The
crowd followed them to the hotel, but no one inter-
fered. He was in the constant habit of boxing her
ears so violently that she hardly knew where she
was standing. They did not live happily at Nice.
The present Sir Henry Boynton had lived at the
Lodge at Burton Agnes, but she considered it was
only a house for servants. It might have four or
five rooms which were habitable. Some very affec-
tionate letters were read from Mrs. Boynton to her
husband during cohabitation, which were admitted
to be in her own handwriting, and she said she had
had some differences with him about money matters,
and he had supplied her with money to pay debts
which she had neglected to pay.
Mr. Hawkins, Q.C., addressed the jury on behalf
of the respondent.
The following evidence was adduced in opposi-
tion to the case of cruelty, the adultery in 1857 and
IESB not being denied.
Lady Boynton deposed that during the time the
respondent and his wife were at Burton Agnes, she
never saw any disagreement between them. Capt.
Boynton always treated his wife with kindness and
even great indulgence, and the latter never made
any complaint of want of amusement or ill-treat-
ment. The Lodge at Burton Agnes was a large
II building with several rooms, and the present Sir
--yon had lived in it for some time.
al 01.11 Cups. Ito-yr -

Henry Du.),
On cross-examination, sne
ton had no property of his own until his fathers
death, vfl4on be owns into X 4,000., pq tho ocasion I Mr. Sadliort
•

of the parties going through the snow in January,
1850, to the railway station from Burton Agnes,
Mrs. Boynton accompanied her husband on foot
entirely from her own choice, There was always a
carriage kept for the purpose of conveying visitors
to and from the station.
Capt. G. Boynton, the respondent, deposed to the
fact of his marriage, and said he had never expressed
any unwillingness to his wife making a settlement.
Between the time of the marriage and his going
to the Crimea his conduct towards his wife
was always kind. After generally corroborating
the statement of the last witness, he denied there
was any altercation on the occasion when he met
his wife in the library at Burton Agnes, or that he
dragged her into the hall, or shook or abused her
at all, or offered any kind of violence. Mrs. Boyn-
ton was always treated with kindness by the mem-
bers of his family. His wife had her own house in
town and a brougham as well. With regard to the
scene at Brussels, his wife had called him a liar in
a shop, upen which he said he could net stand that,
and walked out. Mrs. Boynton followed, and as
he was going up the hill towards the hotel she over-
took him. He never dragged or pushed her, or
used any violent language. He was in a great rage
at being called a liar, and said he would not put up
with such conduct. He saw no crowd. He was
walking very fast, and she took hold of his arm to
try to induce him to go back. On arriving at the
hotel he went up to his room, and his wife accom-
panied him, but he never locked her in the room.
They had made up the quarrel before they sat down
to lunch. From Brussels they went on to Nice. He
never boxed her ears while they were there,
or on any other occasion, or locked her up in
a room. Upon the occasion of his wife's confine-
ment, in 1857, he was telegraphed for, and imme-
diately joined her. With regard to the christening,
she wrote and asked him to attend, but he said he
would rather not, as he did not care about such
things. He afterwards proposed that his wife
should live with him at the lodgo, at Burton Agnes,
which was a large house with about 15 rooms.
When they were at Cheltenham, Mrs. Boynton was
in a frightful raw about a cheque being stopped,
but it was stopped because he had given her money
to pay a bill which was not paid. He had not
abused or struck her on that occasion. Subse-
quently, at Beverley, a person on the turf called on
him and had lunch, and Mrs. Boynton was in the
room for a few minutes, but there was not the
slightest objection to be made to his conver-
sation. When he was stationed with his regi-
ment in Ireland, in 1857, he was out with a
detachment for some time, at Nenagh, where the
militia had broken loose, and when he was after-
wards stationed in Dublin, there were so many
officers away with detachments that he had very
little time at his own disposal, and had no place
where he could accommodate his wife. When she
came to Dublin he was with her as often as his duty
would permit. At Brighton he never passed her
when he saw her. He once saw his wife near Bril's
Baths, but he was in East-street, on the opposite
side, and they were going in different directions.
If she had seen him he should have nodded to her
or spoken. A few days afterwards the petitioner
complained of his walking with Lady North. She
was very jealous, and had an objection to hiss w&lk-
ing with any lady or gentleman. He told her not
to annoy him, but she said be should not go out,
and tried to untie his cravat. He was brushing his
hair at the time, and he pushed her away with the
back of the brush. She made no complaint of hav-
ing been struck,
On cross-examination, he said he was informed of
his wife's fortune before he married her, but he had
not seen her father's will. He had been told by a
medical man that Yorkshire was cold for his wife.
Mr. Justice Wightman having summed up,
The jury found for the petitioner on both issues,
and dissolved the marriage.

THE ROBBERY AT THE INLAND
REVENUE OFFICE.

John Edgar, carpenter, and Edward Moore,
French polisher, the two men who were rem.anded
from last week upon the charge of stealing asi iron
safe containing £215, and other property, from the
Inland Revenue Office on the evening of Monday
week last, were again brought up at the Guildhall
yesterday for examination relative to that ch arge.
Mr. thvelly, from the office of the solicitor to the
commissioners of Inland Revenue, attended fbr the
prosecution, and Mr. Beard, of BasinghalL-street,
conducted the defence.
On the first occasion, when the prisoae rs were
charged with this offence, the magistrate amid chief
clerk thought there was no case against therm, and
therefore discharged them, but the police enter-
taining a different opinion, apprehended the pri-
soners again two days afterwards, and on exami-
nation before the magistrate, evidence was adduced
to show that on the evening of the robbery the pri-
soners engaged a cabman named Stokes to 'convey
them from the immediate vicinity of the Inland
Revenue Office, in Old Broad-street, to the end of
Montague-street, Bloomsbury-square, on which
occasion they had with them an iron safe of the
same dimensions and answering in other respects
Ito the description of the one stolen from Gresham
House. Upon that evidence the prisoners were re-
manded until yesterday, when. the following wit-
nesses were called :
George Watkins, a detective officer in the City
force, said he apprehended Edgar outside the Marl-
borough Head, in Bishopsgate-street, and on. telling
him it was for stealing an iron safe, he mid he
had heard there were inquiries made about him,
and he had been up to Somerset House about it.
lie asked Edgar what he was doing at the Marl-
borough Head, and he said looking after some tools
which had been stolen. Witness then took Edgar
to the police-station, and found on him a key be-
longing to one of the closets at the end of the: corri-
dor in which the office is situated from whiich the
safe was stolen. He denied being concerned in the
, robbery, and said he left Gresham House on the
night of the robbery by the front door in Old
Broad-street. He had his basket of tools; on his
shoulder, and Moore was with him, but th, ey sepa-
rated in Broad-street. Edgar further said that
he reached home at half-past seven o'clock on the
night in question, and did not go out agein until
the following morning. He repeatedly inquired if
Moore had been arrested. Edgar also said he had
never left Gresham House on Monday week shaving
a number of little jobs to finish. This to, sis place
when he was first apprehended and before. he was
discharged. On Friday last witness went to Edgar's
house, at 35, Montague-mews, Montagu esstreet,
with Sergeants Brett and Leonard, of the d etective
force, where he again took Edgar into custf uly, and
upon telling him that the cabman had bee n found
who took him and Moore up with the iron safe in
St. Mary-axe, he appeared very much agitated, and
said be was not the party. He also denied calling
at the Marlborough Head for some tools -which
he had left there during the day. He :said he
went home past the Bank, through Chcapside,
Newgate-street, and Holborn-hill. On the same
evening witness met Moore near his house, ire
ton, and took him into custody on the same
charge. He told Moore they had found the ent.man,
who had identified Edgar, and from his description
Moore was the other man. Moore asked if Edgar
was in custody, and, on hearing that he was, said
it was a most unfortunate thing that he should
have been seen with Edgar, but he was quite sure
the cabman could not identify him. The calm nan
took the prisoners up about 260 yards from the en-
trance to Gresham House and put them down at
about 100 yards from Montague-mews.
Cross-examined by Mr. Beard—He took Mo ore
to the police-station, where the cabman identified
him as the man who called his cab off the rank in
Bishopsgate-street. He did not say he did riot
think Moore was the man, nor anything to tliat
effect. Neither he nor Serjeant Brett left the room
with the cabman after seeing the prisoner, and 'be-
fore he was identified. He did not remember eit iker
of the officers with him suggesting to the calm ruin
that he could tell the prisoner better by his w slk.
Moore walked up and down several times in the
station, but the cabman did not afterwards say he
had a little belief he was the man. He accompanied
witness to Edgar's house, and there identified ham
as the man he saw with the iron safe in St Maley-
axe. Edgar had only his trousers and shirt , on,
and thecabman was not quite certain, but when he
(Edgar) put the rest of his clothes on, the cabman
said be iiv:.ls quite sure he was the man. Edgar
asked if he might go out, and he was told he could
do as he pleased.
The officers dno further c
versation with the cabman, but they consulte d
among themselves as to whether they should talc e
Edgar, or try and secure the safe first. They de •-
tided, however, upon securing Edgar.
James Stokes, the cabman, re-called, and cross -
examined by Mr. Beard, said he went with Ser-
jeants Brett, Watkins, and Leonard, to Edgar's
house. He remained outside while the officors
went in. When he was called in he did not shake
his head, and say he did not know Edger. Hs
went into another room with them, an I there being
more light there he recognised him at once. Ike
did not say he only thought he was the man. His
attention was drawn to the prisoner's basket of
tools, but nothing was said about a public-house.
He could not swear he saw the officers in a publ ice-
house giving out bills offering a reward of £5O far
the apprehension and conviction of the men whl,
took the safe. He did not expect to get the £5(
reward.
Mr. Field, the landlord of the Marlborough
Head, identified the prisoner as the same person
who had celled at his house for a basket of took.,
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