The Sun.
London, England, 1861-10-24 00:00:00

THE EXTRAORDINARY_ CASE OF

-FICAU:n BY AN ITALIAN.

At the Central Criminal Court yesterday Vincent
Collucci, 31, an Italian, described as an artist, was
indicted for feloniously obtaining £2,000 from a
lady named Frederica Johnstone, by false pre-
tences. The examination of the witnesses for the
prosecution appeared in The Sun of yesterday.
Mr. Keane then submitted that there was no
case to go to the jury, and he urged several techni-
cal grounds in support of his argument. One of
these was that there was nothing to show that at
the time of the alleged bargain between the priso-
ner and Miss Johnstone the letters were in his
possession or power.
The Lord Chief Baron overruled all the objec-
tions, and with regard to the latter one he said it
was clear the letters were in the possession of the
prisoner very shortly after the 3d of August, and it
was for the jury to form a conclusion as to the
probability of their being in his possession at the
time when he engaged to deliver them to the pro-
secutrix.

Upon the application of WI.. Chambers the money
and the letters that were in the possession of Ser-
geant Tanner were ordered to be delivered up to
the prosecutrix.

SPORTING INTELLIGENCE.

GLOUCESTER RACES.-WEDNESDAY.

The Scurry Handicap Sweepstakes of 5 soya each, with 25
added, for horses of all ages ; winners extra. Half a mile.

22 subs.
Mr. Elton's Gauntlet, 3 yre, 7st 91b (Wheatley) 1
Mr. Wood's Caliban, 3 yrs, (hit 101 b (E. Taylor) 2
Mr. S. Jacob's Booksloom, 2 yrs, 6st 1 llb (in. 71b ex.)
(J. Roper) 3

The following also ran :--Tiara, Mousetrap, Yellow Girl,
Commander, Aroma, and Sweetmeat. _ _

_
Betting-6 to 4 agst Mousetrap, sto 1 each agst Gauntlet
and Commander, 6 to 1 agst Tiara, 7 to 1 agst Bookaloom,
100 to 6 agst Yellow Girl.
A long delay at the post was caused by the breaking
away of Aroma, Commander, and Bookaloom, and the un-
willingness of Mousetrap, Caliban, Gauntlet, Tiara, and
allow Girl to go up. When the flag fell it was to a most
straggling start, Gauntlet, Tiara, and Mousetrap having a
clear lead, whilst Commander and Aroma were left several
lengths at the post. On rounding the railway turn for
home Mousetrap was lying second pulling double. On
reaching the distance, Gauntlet was still leading, when
Bottom, finding he was unable to reach Gauntlet, gave
Mousetrap a pull, and allowed Caliban, Bookaloom, and
Tiara to pass him. Gauntlet after this kept his position,
and went in an easy winner by four lengths, Caliban beat-
ing Bookaloom for second place by a head. Tiara and
Mousetrap were fourth and fifth, both pulling up, Yellow
Girl finishing last. On returning to scale, the starter lodged
a complaint against E. Taylor and Cannon for disobedience
of orders, and the Earl of Coventry, the steward, ordered
both jockeys to be suspended from riding again during this
season. _ _

Belling Plato of 25 soya, for all ages ; selling and other

allowances. Three quarters of a mile.

Mr. J. Land's Dunoon, 2 yrs, 6st 31b (£5O) (J • Reeves) 1
Mr. J. Turner's Jacksll, 3 yrs, 7st 81b (L3O) (W. Bottom) 2
Mr. Saxon's Miss Coutts, 2 yrs, sst 71b (£3O)
(J. Grimshaw) 3

The following also ran :—Bianca filly, Sloth, Queen of
Hearts, Forest Hind, Lily of the Valley, Whimsical,
Mickleham, Citation, Maid of Peru, and Couleur-de-Rose.
_ _ _

Betting-5 to 2 agst Dunoon, 11 to 2 each agst Miss
Coutts and Coulcur-de-Rose, 8 to 2 agst Jackall, 10 to 1
agst Mickleham.
The three placed got off with a strong lead, Jackall hav-
ing the best of it until coming past the railway, where
Dunoon passed him, was never afterwards headed, and won
cleverly by half a length; three lengths dividing the
second from the third ; Couleur-de-Rose and Sloth wore
the two next, close up ; the others beaten oft. Sloth was
afterwards claimed, and tho winner bought him in for 60
guineas. _ _ _

Mr. Keane then proceeded to make a most able
address to the jury on behalf of the defendant. He
commenced by stating that it would certainly be a
subject of regret if any person charged with a
criminal offence was not permitted to lay his own
answer to the charge before the jury who were to
be called upon to decide upon his guilt or innocence,
and more particularly if that person was a foreigner;
and in the observations he was about to address to
them, he wished the jury distinctly to under-
stand that the defence he should attempt to set
up was the prisoner's own defence, that he
positively insisted upon it being made, and that
he alone was responsible for it. In some cases it
was the duty of an advocate to suggest what ap-
peared to him to be the best defence to be adopted
under the circumstances, but where a prisoner
insisted upon a particular course being taken, it
appeared to him that it was no part of the duty of
an advocate to interfere with that desire, and he
therefore should merely state the answer the pri-
soner himself would have made to the charge. The
jury would bear in mind that no one but the pri-
soner and Miss Johustone were aware of the actual
circumstances connected with this transaction, and
the prisoner's moath was closed ; he had no power
to make a statement on oath as Miss Johnstone had,
and all he could hope to do was through the lips of
his advocate to endeavour to satisfy the jury that
the facts were not as they had been- represented on
the part of the prosecution, and that the whole
truth had not been told. He entreated the jury to
dismiss from their minds all the exaggerated state-
ments that had appeared in the public papers in
reference to this case, and he said that, without
making any remark that might be considered dis-
respectful to Miss Johnstone, they could see with
•
their own eyes that she was far from being a young
girl, and that no undue sympathy ought to be
evoked for her upon that ground. The prisoner's
version of the case was the same now as it had
always been. He asserted that he did not give the
prosecutrix any parcel on the 3d of August, and
that no bargain was ever made between him and
the prosecutrix for the delivery of the letters to
her, and he declared that the money was given him
not upon the condition that he should restore the
prosecutrix's letters, but as a compensation to him
for her refusal to marry him. The learned
counsel concluded by stating that this was the
' answer the prisoner insisted upon giving to the
charge, and it' the jury believed that it was the true
history of the transaction, he was entitled to an
acquittal upon the present indictment.
The Lord Chief Baron summed up the case to the
jury very briefly, and he observed that it appeared
to him that the only question for their consideration
was whether or not they believed the evidence that
had been given by Miss Johnstone, and after the
' defence that had been set up by the prsoner's coun-
sel, this was the only issue they had to try. It was
true the learned counsel had stated that he did not
desire to cast any imputation upon the character of
that lady, but if they gave any credit to the sugges-
tion that had been raised on behalf of the prisoner,
it was impossible for them to come to any other
conclusion than that this lady had not only wickedly
fabricated the parcel in question, but that she had
also stolen the letter out of the prisoners studio for
the purpose of enabling her to carry out her wicked
design, This was the prisoner's case, and the jury
would have to say whether they believed it or not.
With regard to the facts of the case they appeared
to him to be in a very narrow compass. There was
no doubt that one time a marriage was contemplated
between the parties, but that it was broken off, and
Miss Johnstone wished to have the letters she had
written to the prisoner restored to her, and that she
agreed to give him £2,000 upon that restoration
being made. This was Miss Johnstone's statement,
and the only question, as it seemed to him, was
whether they believed it or not. If they thought
she was speaking the truth the prisoner was guilty
of the offence imputed to him ; but if they had ar y
doubt upon the point, the prisoner was entitled to
an acquittal.
The jury, after consulting two or three minutes
in the box, said they should like to retire for a
short time, and they accordingly left the court. They
returned in about a quarter of an hour and found
the prisoner guilty.
Mr. Chambers said there was a second indictment
against the prisoner of constructive larceny ; but
after the verdict that had just been pronounced he
thought it was unnecessary to proceed with it.
The Lord Chief Baron, in passing sentence, said
that the prisoner had been found guilty, by the ver-
dict of a jury, of the offence of obtaining money by
false pretences, and the case appeared to him to be
one of the clearest that had ever been presented to
a jury in a court of justice. The evidence of Miss
Johnstone, who appeared to him to be altogether
worthy of credit, made out the charge distinctly,
and all the surrounding circumstances tended
strongly to confirm her statement. The defence
that had been attempted on behalf of the prisoner
was, in his opinion, a very great aggravation, in
respect of the imputation that the prisoner sought

The Corporation Handicap Plato of 30 sous, added to a
sweepstakes of 5 soya each, for all ages. One mile. 36
subs.
Mr. John Dawson's Confession, 3 yrs, Est 71b ("Wheatley) 1
Mr. Fitzhugh's Shepherdess, 3 yrs, 7st 21b .. (Pearson) 2
Mr. Alfred's Billy Dwindles, 3 yrs, 7st 71b (Grubb) 3
Mr. J. Wood's Caliban, 3 yrs, 6st 41b (H. Taylor) 4
Mr. J. B. Starkey's Nativity, 3 yrs, Est 131 b (J. Reeves) 5
Mr. J. Clerk's Dotterel', 3 yrs, 6st (G. Parsons) 6
Betting-2 to 1 agst Confession, 3to 1 each agst Billy
Dwindles and Shepherdess, 5 to 1 agst any other effered.
_ _

Nativity cut out the work at starting, followed by Billy
Dwindles and Confession, Shepherdess bringing up the
rear, until going along the far side, where she passed Con-
fession and Billy Dwindles, and took second place to the
railway side, where Confession a second time passed her,
Nativity and Billy Dwindles both running wide at the
turn. Confession after this continued in front, and won a
good race by two lengths ; Billy Dwindles was beaten for
second place by half a length; Caliban was a good fourth ;
the other two beaten off.

The City of Gloucester Cup Stakes of 60 soya, added to a
Sweepstakes of 10 sow each, for 3-yr-olds and upwards.

Winners extra. One mile and a half. 20 subs.
Lord Coventry's Flitch, 5 yrs, Bst 71b .... (L. Snowden) 1
Sir S. Rushout's Conqueror, 3 yrs, 7st 51b.... (Pearson) 2
Mr. Starkey's Bay Shirley, 4 yrs, Bst 21b (Enock) 3
Mr. S. Jacob's The Don, 4 yrs, 7st
Mr. Brayley's Sycophant, 3 yrs, 7st (Hutchins) 5
Mr. Jarvis's Don John, 3 yrs, 6st (J. Reeves) 6
Mr. H. J. Smith's Fitz-Avon, 4 yrs, Bst 101 b .. (Grubb) 7
Betting--6 to 4on Flitch, 4to 1 agst SyClophant, 9to 2
agst The Don, 6 to 1 each agst Conqueror and Fitz-Avon,
8 to 1 agst Bay Shirley.
- - -

- - „
Sycophant made play at a good pace for the first mile,
where he was passed by Don John, the favourite lying off
until rounding the turn for home, where Flitch, in com-
pany with Conqueror, took up the running. At the dis-
tance Conqueror appeared to be winning easily, but, run-
ning very wildly, Pearson could not keep him off the ropes,
and Flitch running gamely won cleverly by a length. Bay
Shirley was a bad third; The Don fourth; the others as
placed.
Handicap Hurdle Race of 5 soya each, with 25 added;
winners extra. Two miles, over six flights of hurdles.

22 subs.
Mr. J. Weyman's Tho Miller, (h. b.), aged, 9st 41b
(R. Sly, jun.) 1
Mr. Phillip's Heads or Tails, aged, lOst .. (J. Kendall) 2
Mr. Gulliver's Miss Eleanor, 5 yrs,llst 41b (Mr. Edwards) 3
The following also ran :—Yorkshire Grey, Dunboyne,
Ingestrie, and Piff
Dunboyne started under protest, and Comary weighed
for Eheu, and his number went up; but a protest.having
been also entered against him, he (Eheu) did not got to the
post.
Betting-5 to 4 agst The Miller, 3to 1 agst Yorkshire
Grey, 4 to 1 agst Heads or Tails, 6 to 1 agst Piff Paff, 10 to
1 agst Miss Eleanor.
Dunboyne, Yorkshire Grey, and Piff Paff led alternately
until going along the far side, the last time round, where
The Miller shot to the front, came away at a strong pace,
and won in a canter by 40 lengths. Heads or Tails and
Miss Eleanor pulled up and passed the post second and
third ; Ingestrie and Yorkshire Grey came en side by side.
Neither Dunboync nor Piff Paff passed the post.

LATEST BETTING ON THE COURSE.
CAMBRIDGESHIRE STAKES.
sto 1 agst Henham Lass (offered)
100 to 8 agst Limeflower (taken freely)

KELSO MEETING.—WEDNESDAY.
The Trial Stakes of 3 sovs each, with 30 added, for all
ages ; two-yr-olds, sst 71b ; three, 7st 91b ; four, Bst 101 b ;
five, Oat 21b ; six and aged, 9st 41b. One mile.
Mr. Harrison's Lady Ripon, 3 yrs ........ . . (Bullock) 1
Mr. Brodie nd Eidoion, 4 yrs .............. (Robertson) 2
Lord Stamford's Estrelda, 2 yrs .......... (Doyle) 3
Rose of Raby and Oberon also ran.
Betting-5 to 2on Lady Ripon, and sto 1 agst any other.
Won by six lengths ; two lengths between the second and
third.
The Roxburghe Handicap of 15 sovs each, with 200 added.
One mile and a half.

Mr. Scott's Confidante, 3 yrs, sst 101 b (inc. 21b extra)
(Hardcastle) 1
Mr. Saxon's The Monk, 4 yrs, 7st 71b (inc. 91b extra)
(J. Snowden) 2
Mr. Alexander's Oldminster, 3 yrs, 7st 101 b....( bullock) 3
Volatile, Bally Edmond, and Squire Peirce also ran.
Betting-7 to 4 agst The Monk, sto 2 agst Oldminster,
and 5 to 1 each agst Confidante and Bally Edmond.
Won by two lengths, the same distance between the
sewn I and third.

The Stewards' Cup of 50 sous, added to a sweepstakes of 5
soya each ; three-yr-olds 7st 71b, four Bst 81b, five Sat
121 b, six and aged Oat, m and g allowed 31b. Once round
and a distance.

Mr. Harrison's Larly Ripon
Mr. Barber's Coronet (Browning) 2
Mr. Leyburne's Peggy Taft (Austin) 3
Mr. Leyburne's Zachariah Taft (Barrow) dis.
Betting-3 to lon Lady Ripon. Won by three lengths
Peggy Taft was a bad third.
The Sown:tont Stakee of 3 NM each; three-yr-olds 10st 21b1

to cast upon Miss Johnstt ine, that she had fabricated 1 four list 21b, five list IMb, and aged 12st, thorough-
the parcel in question, ha d stolen the letter that was I bred horses 7lb extra. One mile and a half.
contained in it in order to give a colour to the decep- Benvoirlich (Mr. Usher) 1
tion, and had used another s eal similar to the one that Johnny Cope.. ' (Mr. Dunkin) 2
was in the possession of tl e prisoner, with the same Tousle (Mr. Erskine) 3
object of doing him an it ijury. He felt it his duty :—Moss Homeward Bound,
The following also ran Rose,
to allude to this subject, because he was certain Aubone.
that such a defence must be looked upon with in- Betting-5 ta2 on Tousle, and 4to 1 agst Benvoirlich.
Won by a neck; two thirds between second and third.
dignation by all honest m ;en, and he repeated that
it was a great aggravatiun of the prisoner's con- The Kelso 'late (handicap) of 50 sow. One mile.
duct that he should havfe instructed, and, as it , Mr. Menzie's Mc nitrose, 4 yrs, Bst ilb (Bullock) 1
Mr. Ruddock'.B. I 'a_stytlinner, 3 yrs, 7st 21b ....(Heslop) 2
appeared, compelled his counsel to make such a Mr. Watt's Witham Armstrong, 2 yrs, Oat 31b
defence. The offence o f which he had been (Sinclair) 3
convicted, although pi rrhaps strictly speaking The following also ran :—Eidolon, King of Scotland,
it might be considered as coming under the Dora, Brictbonius, P. 8., Nell&
description of cheating, had, by a recent altera- Betting-6 to 4 agst Montrone, 4to 1 agst Sir William
tion of the law, been di wlared to amount to the Armstrong, and 7to 1 against Ericthonius.
offence of larceny, and WI is put upon the same foot- Won by a length. Sir William was a bad third.
ing as that offence. By I iretending to deliver these
letters to the prosecutri s he had got from her
£1,900, and he was quit( sure that in the eye of
every honest man his cril ne was just the same as if
he had gone into Miss Jo hnstone's own house, and
had broken open her escritoire and taken out the
money. The crime, too, was committed under most
aggravated circumstance s in • this respect also—it
was committed against a ) 3erson who had given him
previously large sums of ! money, who had acted
towards him with the greatest generosity, and
towards whom he should bave been bound by all
the ties of gratitude not to have committed such an
offence. He (the learned judge) looked upon the
offence as one of almost an alarming character, and
one which called for a very ,severe punishment. For
a much inferior crime per sous in humble life and in
poverty suffered heavy I }unishment. It did not
require any knowledge oft ..he law to be aware that
such an act as he had con a mitted was illegal, and
could not be tolerated—ever, y gentleman, every man
at all acquainted with the social arrangements of
society, must be perfectly w ell aware of the serious
nature of such an offence, and he felt it his duty
under all the circumstances to order him to be kept
in penal servitude for the sr lace of three years.
The prisoner, who did not utter a word through-
out the proceedings, but w, ho seemed very much
astonished at the result, was then removed from the
bar.

BETTING AT MANCHEST.ER..-IVEDNESDAY.

5 to 1 was freely offered on the fit dd for the Cambridge.
shire, but no one appears disposed to go beyond that, as
there were offers to take 11 to 2. Asteroid was backed at
10 to 1. The principal feature of tlae day was the support
given to Limeflower, who advanced from 100 to 3 (taken)
yesterday to 100 to 7 (taken), but th at price was easily ob-
tainable at the close. Confectioner bAd friends at 100 to 6,
but 100 to 7 was declined, and 40 t o 1 was taken a few
times about Camerino, who conscqumtly advanced to 100
to 3 (offered). Closing prices :