The Sun.
London, England, 1858-08-05 00:00:00

CRIMINAL C')URT.

(Before Mr. Justice Byles).
James Grunland,
containing
rtnieitt.er-sorter, was charged with
a half-soverei2n and two
sixpences, the prrperty
stealing a post-letter,
of
intnhg
General, on the filth cf kril, 18.er Majesty's Postmaster-
Mr. Whateley,.Q.C., and Mr.
liira)t Ne,xport.
secution. The prisoner was undefei'd appeared for the pro-
b. appeared from the evidence (,r a' sir. bY
"nisei'
the missing letter derartment of the j. Mould, a clerk in
that evetrl Ift!trs ec•,t f..0t0 Birmiqxhatennt7lNPost-(lflicel
b' en zrtis,i. .7,.:-!,: '(,a rcsted -upon those •,,,,,101ut lead
'ere Au,
p!oyed W the A ~ ', ri,,n' t.. Othce, and. in or d-r to tes tho )
witne:T6 .set the 1-101,,,,inp.• tra-) : —He marked a half-s;tracrd! e
;the, two ,1,:p,„,,,, ii::a ,2,.ci.,,Gri f‘..,,.. in t 'clank n c..).1 vel3l
with a pos'age stamp upon it. Ile then enclosed the en-
velope am! is contents in another envelope, and directed
it to "Nis; Bond, care of Miss Abbott, 73, Commercial-road,
Pilgwenlly, Newport, Mon." He then went- to Birming-
ham, and got the letter stamped with the Birmingham and
Updsworth postmark, and, proceeding to Gloucastor, ma

the letter to a clerk in the Rest-office there, with instruc-
tiors.- Tbis was on the Bth of 'April last, and on the day fol-
lowing he went to Newport mad saw the prisoner, who was a
letter-sorter in the Newport office, and asked him to pro-
duce 143 money. The prisoner produced his purse, which
contained, among other coins, a half-sovereign and a six-
penee, which the witness identified as two of the coins he had
marked and put in the letter. A witness also produced a second
sixpence which he had received from the prisoner's wife, and
this turned out to be the other sixpence which the witness
Mould had marked. Several other witnesses were ex-
amined to trace the letter to the Newport office, and into
the hands of the prisoner, whose duty it was, along with
another man, to sort the letters on that morning. The
evidence of Mould as to the production of the balf.sovereien
and sixpence by the prisoner was corroborated by another
witness.
The prisoner cress-examined one of the witnesses, and
elicited that in February last the witness bad paid him a
half-sovereign.
The prisoner in his defence said the half-sovereign found
upon him was the one he had received from the witness in
February last, and that the sixpence was one which be had
received in change a short time before he was taken into
custody.
Mr. Justice 13yles having summed up the evidence,
The jury found the prisoner guilty.
When the case was called on the prisoner complained that
he had given money to an attorney to defend him, but he
bad not procured him counsel.
Mr. Whateley now stat-d what, he said, he could net pro-
perly state before, that it was quite true that the prisoner's
friends had employed an attorney to defend the prisoner,
but the attorney found the case to be so clear that he had
returned the money.
Mr. Justice Byles said he thought the attorney bad acted
with great propriety, and sentenced the prisoner to five
years' penal servitude.

WESTERN CIRCUIT.—BoDmiN, AUGUST 3.
CROWN COURT.
(Before Mr. Baron Watson.)

Richard Rashleigh was indicted fur a burglary in the
house of Francis Hearle, at Mawnan, on the Stn of March,
and stsaling therefrom a very large quantity of plate.
Mr. Cox and Mr. Powell were counsel for the prosecution;
and Mr. Yonge (for Mr. Coleridge) defended the prisoner.
It appeared that Mr. Hearle was an old gentleman living
with his wife at Peupol, iu the parish of Mawnan. They
had two female servants, named Elizabeth Pascoe and Fanny
Martin. On the 15th Feb. Mr. and Mrs. Hearle went to
London, leaving their house in the care of the two servants.
On the Bth March there was a village revel about a mile
from the house, and the servants most imprudently, taking
advantage of the absence of their master and mistress, went
to this revel, and danced in a puolichouse. The prisoner was
also at the publichouse. They returned home late in the
evening, but were so much pleased with the dance that they
went there again on the following evening, locking the
door, but not leaving any one in the house. The prisoner,
who bad inquired if the girls were coming that second
evening, was at the publichouse when they arrived. In a
few minutes after their arrival he was missed, and was
away for upwards of two hours. The girls went home
about 11 o'c:ock, and then they found that a candle and
ches they had placed on a table had been removed. They
lighted another candle, and then found that the beck door
was open. All was confusion in the dining-room and bed-
room ; all the plate and jewelry were gone ; a brandy bottle
was also gene, but that was not discovered to be missing for
a fortnight antr the robbery. Pet sons were called in and
and the police came, and it was then discovered that a pane
of glass had been taken out of a casement so that a per-
son's hand could be put in, and the casement bad been
opened,-and so an entrance had been effected and the rob-
bery committed. There was some blood on the wall inside.
Upcn a strict search being made it was found that many of
the things had been broken open with an instrument hav-
ing two hurtles, but one of theta shorter than the other. A
hue-and-cry was raised, but nothing was heard till some
days aftet wards, when in a mine almost all the plate and
the jewelry were discovered, and there was a brass tobacco-
box near it. The question then was, by whom had the rob-
bery been committed ? Some suspicion fell on the prisoner,
and he was taken up, and his house was searched, and in it
were found a pair of pinetrs, with ore of the handles broken.
They exactly fitted the marks in the house. One of his
bends was recently cur. 0.1 the night of the revel he hal a
brass tobacco-box. When in custody the prisomr askedthe
pelict.maii where the transports were s:nt to. The reply was,
"Different places." The prisoner then said, " Da you tliak
they will transport me?" Polcemen.—" I don't know."

The foltowinextraodinaty evidence was given :
Tnotuaa 'Martin.—l am a policeman. Oa the 21st of
March I went to the Ilelston station in plain clothes and
Into the the cell where the prisoner was; I sat by his bed.
He asked me what I Was there fur. I told him I supposed
I shoul: know in the morning. He said he was there fur
robbing old Hearle's house:at Mawnan. Alter some time
he said, " Had it not been for that box I would dot have
eared." I asked him what box it was. He said "It was
the brass that came cif the point of a gig-shaft, which I
used to keep tinder in to light my pipe. I went to Damon
public-house and stopped same time drinking with my fel-
low-workman. While there I saw one of Mr. Hearle's ser-
vants. I asked if the other servants were coming down.
He said, Yes." I saw the sere aws there. I then ttionaht
it time :o he about my work. I left the house, and went
very fast, and every dirty place I came by I walked on my
to.s to prevent footmarks." I asked him how he got into
the ban-e. He said, "I broke a pane if glass with tt.e back
part of my hand, and put my hand in to unfas'euthe win-
dew, and the bit of elan that was left in the sash made a
scratch in t hack of my hand, and that teat where the
blood came from that was on the wall. The superintendent
has found a pair of pincers, but I do not mind that so
much as a cull chisel, which I do not believe they will
find. There was one remarkable thittot there—s toast-
ing for k broken cif at the inutile, and the handle was left
behind. When I got into the house I opened the doors to
prevent my being detected if any person came while I was
in the house. I pulled the box out of my pocket with one
of the gold chains which I took from the house, and I w•ts
afraid to go in sestets of the box on account of the pollee
being about there on the watch. If I had known I wls
going to be apprehended I would have burnt toe - house
to a pit." That's all.. .I did not go with tile intention of
getting evidence against the man. I did not intend to
give e‘idenee against the matt. He told me the box was
found near the place whera the plate was bid. Be could
run the plate down with flux. That had he been taken in
the morniog instead of the eveuin4 they would have
found the jewels in his peket. He had taken a bottle of
blisk" brandy and drank part, and buried the other part
in a bottle.

Uros-examined--It is not my habit to do this. I never
did it before. I went to find out whether there was say
other party co nnected with prisoner. I remained in the ail
all night. I went there with another policeman who cles.Al
the door upon me. I did net give the prisoner to under-
stand that 1 was a fellow-prisoner. I had on handcuffs. I
did not tell him I was 111.::e on a charge of robin!ry. }le
asked me. If I could keep a Jecre, and I told him I could. I
was uuwell. last Sunday, when 1 wassubpoznaed. I did not
intend to go brfore.th.e. magistrates. I kept the secret•till
last Suuday. The. superintendent knew Twos in the cell.
We thought it necessary to go.to find out whether another
person was concerned. I told the superintendent that he
told me he had done it. I have no notes. I have been
reeellee,iyg since I have been i ere.
Re-examined.— I told the attorney for the prosecution
last Saturday the particulars of the a ory. I retused to go
before the tuagistrates.
By the Judge.—Brice, the superintendent, did not tell me
to go to the cell; he did not know I was going. 'Etchings,
the policeman, was the person who suggested my going to
the cell. _ _

Mr. Yonge addressed the jury f,r the prisoner, contending
tha►, independently of the last witness, there was no evi-
dence upon which they could con, let the prisoner, and as
regarded that last witness lie subtnitted that it wou,d be ex-
tremely dangerous to rely on his testimony.
Mr. 13aren Watson, in summing up, observed most strongly
ou the conduct of the policeman. Lt this country we had a
detevation of anything like spies. Statements made before
magistrates were not allowed to be givea its evidence except
upon certain conditions. The magistrates were bound to
give a prisoner a caution that SI ha t he said would be taken
down and used against him. They must draw their
ono conclusion from the evidence of a man who placed
himself in so degrading a position as to go to
a prisoner under false pretences. Bad as the evi-
dence was, it was badly used and badly brought for-
ward, and kept back till the last moment. He
should advise the jury to pause before they gave credit
to such a person. It was dealing improperly with the coarse
of justice not to have taken the man before the magistrates.
If the man did not go into the call to get evidence what on
earth did be go there for?
The jury itequitted the prisoner.
The judge said, he hoped the magistrates would take
notice of the conduct of the policeman.

PRIUS COURT.
(Before Mr. Baron Channel].)
PHILLIPS V. BALL AND OTHERS.

Mr. M. Smith and Mr. Kerslake were counsel for the
plaintiff and Mr. Szrgec.nt Kinglake and Mr. Kingdon for
the thleudaltr. _ _

This was an action of ejectment to recover possession of
some pr: perry at St. Austell, consisting of the lted Lion
public-house, two other houses, and some fields. The ques-
tion being oue purely of law, it was arranged to put it in
the form of a special case for the opinion of the Court above.

MIDDLESEX SBSSIOIVS.-Aug. 4.

(Before Mr. Creasy).

coßnfrosbseirotnAorrlottibbrinSgchhaismebner)pgicory,erc,onsiirc.teNduuttp,obnoobki
of the Strand, of books, value £l5O, was brought up, ss lhwe
but
himhis steinoteentcoegiwyeasinpfoortu
stpaotnioeud, uunhteil t
hnoeuxgt
hstepssrioopne,r ttooyadaotffeosir.od,
which might lead to the recovery of some books still
missing.
Louise Flantant, Richard Waters, Fanny u
his wife, and Mary IVright, were brought up fir kid:,-
ment. They were convicted at the last sessions at \Veit-
mins,er, upon the prosecution of the authorities of the
parish Sr. Marylebore, far keeping brothels. The cases
were reported at the time.
The Court sentenced Flamant to one month, Wright to
three weeks, and each a the Waters to two months' hard
labour.
Mr. Metcalfe was counsel for the parish ; Mr. Sleigh ap-
peared for Flamant; and Mr. Ribton appeared for Wright.
The Court heard an appeal figaiast a bastardy order made
at the instance of Emma Mary Davis upon Wm. Charles
Kellar:
Mr. Metcalfe appeared fur the appellant; Mr. S!eigii in
support of the order.
There was a curious point in this case. The paternity
was admitted ; but it appeared that prior to the birth of the
child an agreement was entered into by which the appellant
ass to give £5 and be relieved Pram all further claim. He
paid £4los. at the time the agreement was made, and the
balance of 103. was paid after the child was born ; and it was
held that this was a payment for the maintenance of the
aud, notwithstanding the agreement, rendered the
appellant liable to the order cf affiliation.
slr. Metcalfe argued that it was a payment under the
agreement and must be considered a 3 au obligalon entered
into before the birth, and not a sabsequent contribution to-
wards rrraintenance.
Mr. Sleigh,.on the other side,-urged that the acreetnent
itself was void In point of law as against public policy, and
in contravention of tirestatete.
The Court held that the order was made upon good
gr..unqs, aud dismissed the appeal with costs.
THE QUEEN Y. JAMES, SHEEDY, AND ()VIERS.
Tliec Were prosecution, instituted at the instance of tit.
parish ati;ilotitics of V. li.Lcimpe! ‘Vappiug Egatust five
ptrons for knpion• 12rutlit13. They were originated by a
iu
honE,eese,
al.! r
kEneedppinagriswliheic.t:lPl:;itriee:„%di'eelf'reeonfd indicted,nb ets brothel
havingan and
gnliuevifestnljuhepee
pme3sion, were on Tuesday permit'ed to plead guilty, and
were ordered to enter Into sureties
4 u
to appear to receive the
be
judfrirt
Creamyn ofthse4ciouthrot vilithwe n calledwouldn.
enforced egtdest the