The Sun.
London, England, 1858-12-24 00:00:00

ASSIZE INTELLIGENCE.

WESTERN CIRCUIT.—DEVIZES, DEC. 22.
The commission for the county of Wilts was
opened here on Tuesday afternoon. There were 19
prisoners in the calendar, but the offences were not
of a very serious .6haracter. In
.the most important
case, that of a clergyman being charged with im-
proper conduct with a boy, the bill was thrown out.
Joseph Barnes was indicted, for that he, being
the servant of Joseph Hill and others, did embezzle
two sums of .£6B 10s., and .£29 9s. 7d., their pro-
perty.-
. Mr. Edlin prosecuted, and Mr. Cole defended.
It appeared that the prisoner' was a coal and
timber dealer. Some time in the early part of this
year he got into difficulties, and made an assign-
ment by deed of all his goods and effects and book!
debts, and it was alleged that he had received the
two sums after the execution of the deed, being
moneys which had been debts due to him before
the execution of the deed, and it was then alleged
that he had not accounted for those sums. After
the prisoner had executed the deed he had been
employed by the trustees at a salary to conduct the
business for the benefit of the trustees.

Mr. Edlin having opened the case,
Mr. Justice Byles suggested that there was a
difficulty in the way of the prosecution ; he there-
fore thought the best course would be that the legal
matter should be discussed before the merits of the
case were entered upon.
Mr. Cole then submitted that, as in point of law
the debts due to the prisoner before the assignment
being choses in action, could not be assigned in law
but in equity. The moment he received the money
he was, in fact, receiving his own money, and he
could not be indicted for embezzlino. it.
Mr. Edlin submitted that on the receipt of the
money it became the money of the trustees under
the deed, therefore the prisoner was rightly indicted
for embezzling it.
Mr. Cole urged that, unless the money could be
ear-marked, he could not be indicted for receiving
it ; and, if ear-marked, it was the debt assigned,
and so could not be assigned at law, but only in
equity.
Mr. Justice Byles said the difficulty was to make
out that, in point of law, the prisoner was a clerk,
or servant, or acting in the capacity of a servant,
within the meaning of the statute. It was clear
that these debts were not assignable in law; they
were closes in action, and the deed would only bind
him in equity. The moment he received these
moneys they were his own moneys—he received
what, in point of law, was his own money. How,
then, could he be held liable for embezzling ; or
how could he be said to be clerk or servant to the
trustees? He could not, in point of law, pass the
property in the debts due to him before the deed
was executed. His assignees were only equitable
assignees ; they could only sue in his name. The
deed could only pass that which he actually had in
his possession at the time the deed was executed.
Under these circumstances the indictment could not
be sustained.

The prisoner was, therefore, acquitted.
• THURSDAY, DEC. 23.
The same prisoner was then indicted for embez-
zling a bill of exchange.
The same counsel were engaged as in the pre-
ceding case. _ _

Mr:Edlin said, that after what his lordship had
said yesterday, he had given the case the greatest
consideration, and he, therefore, thought it right
not to offer any evidence, his friend agreeing that
the bill should be given up.
The Judge said he could not be a party to any
arrangement.
Mr. Cole said he should submit that the prisoner
had not committed any offence ; for the bill was
not endorsed. A great deal of odium had been cast
upon the prisoner, which he wished to explain.
The Judge said, in his opinion the prisoner was
no more entitled to the property than he was. The
only question was, whether he had brought himself
within the statute ; he thought he had not. If the
prisoner had been convicted he should have reserved
the point, which would have entailed great expense
on the prosecution. It was quite clear that the
prisoner was neither a clerk nor servant within the
meaning of this act of Parliament. As no evidence
was offered, the prisoner would be acquitted.
Verdict, not guilty.
Several prisoners pleaded guilty.
This circuit will close to-day.
THE 3IAN WITH SIX WIVES.

At the Clerkenwell police court yesterday Glou-
cester Gale, 32, a collector of rents, residing at 5,
Brook-green-terrace, Hammersmith, was placed at
the bar on remand before Mr. Tyrwhitt, charged
with feloniously intermarrying with Celia Maria
Wye, his wife Eliza Cecilia being then and still
alive.

Mr. H. W. Cattlin attended to prosecute on
behalf of the Associate Institution for the Protec-
tion of Women.

Mr. Tyrwhitt should like to know how it was
that the case was brought before him ?
Constable Green said that the prisoner was taken
to Vine-street, and from thence to Marlborough-
street, where it was proposed to go into two mar-
riages, one at St. George's, Hanover-square, and
the other at All Souls', Langham-place. None of
the facts were gone into at that court, as it was
found that the first illegal marriage took place in
Islington.
Mr. Tyrwhitt could not see why the case was
sent from Marlborough-street, considering that
Clerkenwell had plenty of businesa of its own.
Mr. Cattlin opened the case, and stated that the
matter was first brought under the notice of the
Lord Mayor by Mr. E. H. Coleman, clerk to the
registrar of seamen, who stated that numerous
inquiries had been made at his office for a person
describing himself as a master of a merchant ship.
The result of that application was, that the matter
was placed in the hands of the City police, and
although the prisoner managed for a length of time
to evade their vigilance, he was apprehended on
Sunday last by Inspector Leonard and detective
constable Green. Too' much praise could not be
awarded to the officers for the assiduity they had
displayed in apprehending the prisoner, and to Mr.
Coleman thanks were due for the active part he had
taken in the matter. It appeared that about ten
years ago the prisoner married his cousin Cecilia Gee,
but about two years since he became less attentive
to her, and left his home. In consequence of
the exposure in the press of Mr. Coleman's appli-
cation to the Lord Mayor several females called at
Mr. Coleman's and stated that they had been mar-
ried to the prisoner, and be, with the assistance of
Mr. Inspector Leonard and Green, the detective
officer, after several months ofunsuccessful inquiries,
apprehended the prisoner on Sunday morning last
at the residence of the second wife, Marble-hall,
Ef„Tham. This was the lady who had the money,
and which the prisoner had used for so bad a pur-
Pose• When the prisoner was apprehended his
second wife was at church, but he left her a letter,
of which the following is a copy,—" My sins have
overtaken me at last, speak a good word for inc."
After going at some length into the case Mr. Cattlin
called
Mrs. Rowena Pearce, who stated that she was
the sister of the prisoner. She was present at
Turnharn Green Church when her brother was
married to Miss Gee. She saw her alive at her
mother's last week.
Celia Maria Wye said she lived at Marble-hall,
Egham-hill; Surrey. She was married to the
prisoner at Islington Church on the 30th Nov.,
1857. The prisoner married her in the name of
George Gore.
Lydia Birch stated that she was married to the
prisoner, who went by the name of George Thomas,
at Trinity Church, Chelsea, on the 3d Jan. this year.
He left in Feb., pretending to go a voyage. She
then saw him in April, after he had taken apart-
ments, and sent for her from the country. After