The Sun.
London, England, 1858-10-29 00:00:00

CRIMINAL COURT.-(THIS DA 1)

OLD COURT.
(Before the Lord Chief Baron.)
CHARGE OF FRAUD AGAINST TWO MERCHANTS.
Alfred Skene and Archibald Freeman, lately carrying on
the business of brokers, in Broad-street-chambers, but now
bankrupts, surrendered in discharge of their bail, and were
placed in the dock, to answer an indictment charging them
with a misdemeanour, under the 6th section 5 and 6 Vic., c.
39, in illegally endorsing and tranfereing to their own uses
a certain bill of lading of a cargo of cedar, by the ship
Glide, and consigned to Messrs. Cavan Brothers, of Fins-
bury-circus, merchants, and delivered to the defendants as
brokers and bailees, without any authority of transfer ex-
cept by sale.
The defendants pleaded not guilty.

Mr. Bodkin and Mr. Poland appeared for the prosecution;
Mr. Sergeant Ballantine and Mr. Robinson appeared for
Skene, and Mr. Giffard defended Freeman.
From the accounts of the case which have already ap-
peared in The Sun, it will be recollected that the defendants
had for some time acted as brokers for Messrs. Cavan,
Brothers, and had instructions from them to sell, as their
brokers,:a cargo of timber consigned to them. The defendants
then sent their clerk for the bill of lading, which was de-
livered to them endorsed. The defendants had transactions
with the City Bank, in the nature of advances and deposits,
and they being desirous of recouping a bill of lading of a cargo
of goods from Demerara by the ship Laura Campbell, for
which they made advances Mr. Freeman wrote to the
bank, proposing to deposit the bill of lading of the ship
Glide instead. This was agreed to upon the understanding
that within a month the value of the cargo should be
paid over to them. A letter to this effect was prepared,
and signed by the defendant Skeen, and the bill of
lading of the Glide was deposited with the bank
endorsed to John Scott and Co. or bearer. At this time it
appeared that the defendants were under pressure from
commercial difficulties in a failure to raise money on cer-
tain securities, and therefore they had recourse to the act of
transferring the bill in the hope of recovering it. The cir-
cumstances, however, became known to the City Bank, and
criminal proceedings were taken, which ended in their com-
mittal. In the meantime a fiat of bankruptcy was issued against
them, under which they made a disclosure of the whole
transaction. The City Bank have returned to Messrs.
Cavan the bill and warrants, and therefore they have sus-
tained no actual loss, but that being so, it did not remove
the legal offence, and the Commissioners in Bankruptcy in-
structed the prosecution, although no real injury had been
sustained.

A great number of witnesses were then examined.
Mr. Bodkin was about to reply, but was stopped by

The learned Chief Baron, who said there was enough evi-
dence to go to the jury. The question was one of law more
than of fact. He would, however, reserve the point raised by
Mr. Sergeant Ballantine, viz., whether the disclosures they
had made under the bankruptcy did not protect them against
the present proceedings.
The jury found both prisoners guilty.
Sentence deferred.
The defendants were liberated on bail.

NEW COURT.
(Before the Recorder.)
BURGLARY.

The young men named John Garrett, Alfred Bygrave,
and George Ridington, were indicted for a burglary in the
dwelling house of George Lever.

Mr. Lever said— I live at 49, Warwick-street, Chelsea,
and am a watchmaker. On Thursday morning, the 14th, I
was alarmed at hearing the back parlour window break—l
sleep there—l got up and saw the man Garrett standing
there, but he got down the water spout. I did not lose
anything, but some chessmen had been moved from where
they were placed the night before the attempted robbery.
Mrs. Hannah Lever, wife of the prosecutor, said—l
heard the glass break. I believe Garrett to be the man
whom I saw standing on the window sill. I looked out the
window, and I saw a man, whom I think was Bygrave,
standing with a female, who wore a light coloured shawl.
I asked him to fetch a policeman.

Edward White, policeman, 222 B, said—l took Garrett
into custody. I stopped him as he was running away from
the prosecutor's house. I took him back to the place.
When I took Garrett into custody he had a fresh cut in his
hand which was bleeding.

William King, 189 B, said—l saw Bygrave come to the
corner of Berwick-street, and look about, and then Rid:
dington came to the same corner. They passed me. I
asked them what they were doing, and they replied nothing.
I took Bygraves' boots off at the station. They were on
the wrong feet. I found soil on them similar to that I
found on the railings. I also saw there were some white-
wash marks on Garrett's trowsers.

Richard Topson, 245 B, said--I saw Garrett running
about half-past one. I found a piece of a lock belonging to
Mr. Lever's kitchen door, and also the " jemmy" I produce.
I found it very near the window of the parlour. I found
marks on Mr. Lever's shop door in the passage which cor-
responded with the marks on the window.
Bygrave and Ridington denied being concerned in the
burgle: y. _ _

he jury returned a verdict of guilty against Garrett, but
acquitted Bygrave and Ridington.

A. former conviction for burglary having been proved
against Garrett, .

The Recorder sentenced him to four years' penal servi-
tude.

POST-OFFICE ROBBERY.

Two young men, named Dell and Kander, lately em-
ployed in the Post-office, were brought up for sentence.

_ .
Upon the prisoners being asked the usual question, why
sentence should not be passed upon them,
Dell read a long statement, in which he set forth
the salary he received, the duties he had to perform, and
the reasons that induced him to enter the service of the
Postmaster-General. He said he entered the service under
the impression that merit would secure his advancement,
but he found he was mistaken, and that hard work and bad
pay was the lot of men in his position.
The Recorder said it would have been the duty of an
honest man to have given up a situation he was dissatisfied
with rather than turn thief.

Mr. Bodkin said the prisoner Dell had been long sus-
pected of stealing letters, and the three 1.0. U.'s, the Ame-
rican note, and the amount of money found in a portmonaie
in his pocket, was strong evidence that those suspicions
were not without foundafion.

The Recorder sentenced both prisoners to four year&
penal servitude.

THIRD COURT.
(Before the Common Sergeant.)
CHARGE OF FRAUD AGAINST A POLICEMAN.

George Gymer. a police-constable in the F division, No.
54, was indicted for by Jaw pretences the gun of