The Sun.
London, England, 1867-08-29 00:00:00

MIDDLESEX SESSIONS-THIS DAY.

(Before Mr. Sergeant Dowling.)
A young man named Patton was indicted for
stealing lead from the roof of a house.
The evidence was clear as to the robbery, and
with respect to the prisoner being the person who
committed it the witnesses for the prosecution were
quite ratified. On the prisoner's behalf his mother
and another witness were called to prove an alibi.
The jury found a verdict of guilty.
There was a second indictment against the pri-
soner for stealing lead off the roof of the Islington
Literary Institute, and the learned judge suggested
that that indictment had better be tried.
The evidence in this case also appeared clear and
positive as to the prisoner being the person seen o❑
the roof of the institute on the morning of the 12th
of July, the day on which the lead was stolen.
Mr. Ribton, at the close of the case for the pro-
secution, was addressing the jury on behalf of the
prisoner, and was making some strong remarks upon
the verdict given in the last case, taken in connec-
tion with the evidence he had called to prove an
alibi, when
The Foreman of the Jury rose and said—My
lord, the jury really feel insulted by the remarks of
the learned counsel ; he has no right to say they
have given a wrong verdict.
Mr. Sergeant Dowling—l also think that remarks
of such a nature should not be passed upon twelve
gentlemen who attend that court unpaid to perform
a public and important duty.
The Foreman—With respect to the remarks of
the learned counsel I have to say that the present
jury is composed of twelve gentlemen not inferior
in station, and very little, if at all, inferior in in-
tellect to himself.
Mr. Ribton—l think I must now appeal to the
court for—
The Foreman—We are here for the performance
of a public duty of a serious nature, and it is not the
right of the learned gentleman to lecture us, and
to say that we have not returned a right verdict.
Mr. Ribton--I never intended to say anything
offensive to the jury, and if you have misappre-
hended me I cannot help that. If what I have said

is not flattering or complimentary to you, I can't
help that. I have no object or interest in this case
except to see that my client has a fair and impartial
trial. I don't see that I transgress the fair

license of counsel in commenting Upon the ver-
dict which has been returned in the former
case. How can I :t..3k you now to acquit
the prisoner after the expression of feeling I have
witnessed from that box. I, however, have to say

that I never made the comparison of intellect or
station that had emanated from the jury box. I
make my observations with coolness ; but perhaps
some of the jury think I am insulting them now ?
A Juror —Yes.

Mr. Ribton—lt don't matter to me what verdict
you give, but I will say that if a wrong verdict was
given in a civil case at nisi prigs, it was possible to
get a new trial by an appeal to the judges in full
court ; and did juries ever feel that they were
insulted or imagined, that they had committed per-
jury when a new trial was granted? I therefore
have a perfect right to question the last verdict.
The mother of the prisoner, whose evidence had
altogether been disregarded, might be in a humbler
sphere than many of the jury, but that was no reason
why she was to be looked upon as a perjurer.
The Foreman—Will your honour ask the learned
counsel to confine himself to the facts of the case.
Mr. Ribton—l think I ought now to ask for the
interposition of the court, but I will say that I don't
see why the evidence of three respectable people
is to be altogether disregarded. You, gentlemen
of the jury, are sworn to give a true verdict on
the evidence, and—.

The learned Judge—l think, Mr. Ribton, your
remarks far exceed the license of counsel.

Mr. Ribton—Pardon me, my lord. I have only
been some 17 or 18 years at the bar—l know
what I'm doing. It's most embarrassing to be
interrupted in the manner I have been. I call the
mother to prove an alibi. Hav'nt I a right to do it?
It is for the jury to say whether she is committing
protest againstsometimesobtained,
the
au-
npeerrjiunrywoirlineoht.eonlvfjoerti:ise
a

and I therefore set my face against the practice. I
say again it is too much to pass by the evidence
given on behalf of the prisoner,. and that the jury
by their verdict should at one and the same time
declare the prisoner guilty of the theft and the
mother of perjury. Were there no instances on
record of mistaken identity, and might not this be
one of them ? I have no object to serve incon-
sistent with strict justice. Justice was the prisoner's
right ; and I feel sure that, despite the warmth of
his expressions, he will get it.
The learned counsel then called the prisoner's
mother and a man named John Davis, the same
witnesses as in the former case. Both swore most
positively that on the 12th July, the day of the rob-
bery, the prisoner was at home at the time it was
committed.

Mr. Sergeant Dowling summed up the evidence,
and said he was quite certain due weight would be
given to the evidence adduced on the prisoner's
behalf.

After a few minutes deliberation the foreman said
—We unhesitatingly pronounce the prisoner guilty.
Lockyer then proved nine former convictions
against the prisoner.
. _

Mr. Sergeant Dowling said ho entirely concurred
in the verdict of the jury. The evidence was per-
fectly°
illotwaptilZred that the
could have
ot se
o olu eto cl eaanr
y,and he
other did
n conclusion.
prisoner was a most incorrigible person, for ho had
already been in prison for nine offences, in addition
to the two of which he had now been found guilty.
He was too mischievous a person to remain at large,
and in order to protect the public he should sentence
him to seven years' penal servitude.

MADAME TUSSAUD'S.—Among the novelties which
are being constantly added to Mine. Tussaud'e Exhibition,
in Baker-street, is a new
is,
portrait model of the
Prince Imperial. The likeness s, undoubtedly, most
striking, and we feel assured the effigy will be highly
appreciated by the numerous Frenehmeu who are daily
visiting tho Exhibition.

THE OAKS COLLIERT.—Grent iriterest is begin-
ning to be felt respecting the reopening of this mine, and
numbers of people interested in the proceeding are con-
tinually visiting the neighbourhood of the colliery, anxious
to glean authentic information as to when the excavators
will take the pit. At noon on Tuesday it was stated that
no spoil had been raised since Monday morning. The
arch at the bottom of the shaft, which had been reached,
extends nearly 100 yards in length, and from this the main
levels and reachings branch off. The height of the arch
is 80 feet. It is not at present intended to raise, but to
make a temporary road from the top, and penetrating the
arch by an incline. This temporary roadway is to be made
secure for present purposes, and having fairly tapped the
mine the various roadways are to bo sealed up before any
search is to be made in the workings, so that those in
charge will have perfect control of the mine. Mr. James
Beaumont, who superintends the operation, and Mr.
Nicholas descended the shaft on Tuesday, and on their
return reported that all was going on satisfactorily but
slowly.