The Sun.
London, England, 1857-04-25 00:00:00

MAR LBOROUGH-STREET.—Captain Joseph
Erlam, holding a cernmiesion in the Militia, and
residing at No. 54, Queen's-road, Btyswater, was
charged with the abduction of Rose Goodman, a
girl under 16 years of age.
Mr. Morgan was for the defendant ; Mr. Lewis,
of Ely-place, for the complainant.
The charge was laid under the 9th of George IV.,
cap. 31, sec. 22, which provides—" Be is enacted
that if any person shall unlawfully take or cause to
be taken any unmarried girl being under the age of
16 years out of the po-session and against the will
of her father or mother, or of any other person
having thet awful care or charge of tier, every such
offender shall be guilty of a misdemeanour, and
being convicted thereof, shall be liable to suffer
such punishment by fine or imprisonment, or by
both, as the Court shall award."
Mr. Lewis stated the case, from which it appear-
ed that the prisoner formed an acquaintarixe with
the girl, then living with her parents in London,
and that be induced her to leave England under
promise of making her his wife, although he was a
married man ; that, after remattiing on the Conti-
nent, for several weeks, he left the girl at an hotel
in Mayenee ; that the girl wrote home to her
parents, and the father telegraphed back to the land-
lord to have his daughter detaine I ; and that the
prisoner returned to the h ,tel, paid ihe bill, took
the girl away to Ostend, and there gave her up to
her father, who threatened to give the prisoner
into custodyfor abduction the first time he saw him
iuEngland. The prisoner was seen in London the
previous evening, 'and was given into custody.
Rose Goodman, daughter of the well-known
sporting character known as " Goody Levy,' a
well grown, at ra,ctive Jewish girl, was then put
into the witness box and sworn. She sail—l am
living with my fatter at 31, Oxendou-street, Hay-
mirket. I was 16 years of a.,,e l ist October. In
Vas month of July last I was residing in the New-
road, Hammersmith. My mother was then alive,
and my cousin was staying with me. I was out
walking ono day when I male the acquaintance of
the prisoner, who gave 1113 his card, which I showed
to my father, and he tore it up and was angry.
The prisoner was then lodging near the barracks.
In consequence of ,omething that transpired I was
removed to Brighton, and my mother accompanied
me, but as she was very unwell, she was unable to
walk out with me. I saw the prisoner at Brighton
and I walked out with him several times without
the knowledge of my mother. Before I left
Brighton t e prisoner asked me to marry him. Ho
did not say whether he was single or married, but
he said his mother was a very religious woman, and
that he could not marry me in England, for if he
married without his mother's consent he should
lose several hundreds a-year. He asked me my
age, and I told him I was not then 16. I sold him
I would not leave England without being first mar-
ried. I returned to London in August last, and
went to reside at 31, Oxendon-street, with my
parents. After I returned to London I met the
defendant on two or three occasions, and the end
of the interview was that I agreed to leave home
with him. I left my home on the 23d of August
without the knowledge of my parents. To induce
me to leave myhome the defendant said he was sure
his mother would give her consent when she knew
wo were married. On the afternoon of the 23d we
went by railway, and afterwards cros'ed over to
France. I met the defendant at the bottom of the
Haymarket, according to previous appidettnent. I
took nothing with me but the clothes I had on. I I
lett all my other clothes and my watch and chain at
home. I remained with the defendant about six
or seven weeks. I wrote several letters to the de-
fendant before we left England.
Cross-examined by Mr. Morgan. —Had cones-
ponned with the defendant previous to his making
proposals of marriage. Was not aware that de-
fendant was a married man. If I had known he
was married I would not have kept up the ac-
quaintance. I went away with him willingly.
Mr. Morgan contended that there was no evi-
dence against the defendant. The complainant
left her father's house voluntarily, and in the case
of "the Queen v. Edward," where a servant-girl
had been induced to elope from service, Baron
Parke held that such a case did nut constitute a
&large of abduction. Mr. Morgan hero read the
case at length.
Mr. Lewis contended that the case in question
did not bear on that before the Court. The case
quoted was that of a servant-maid not in the
custody of her parents, and in which no fraudulent
statements were made. The present ca-e was that
of a girl under 16, who was at home with her parents
and to whom a false statement was made to induce
her to leave her father's protection. The prisoner
was waiting for this girl, and he took her abroad
with h• m. The act in question—the 9th Geo. IV.
—contemplated a constructive as well as a physical
taking away. It was meant to apply to Vie case of
girls under 16 on whom, undue influence was exer-
cised without the knowledge of their parents.
Mr. Binehain—You contend that this is a con-
structive taking away ?
Mr. Lewis—That is my argument..
Mr. Morgan said his view of the act was, that
there must be a physical taking away, and in that
opinion he was confirmed by the dictum of the
learned Baron

Mr. Bingham—That the child was taken out
of the house arm in arm, or as•isted out of the win-
dow—that is the physical taking you mean, I pre-
tume ?

Mr. Morgan—There must be a physical taking ;
there was no taking here according to the Act.
The girl accompanied the defendant voluntarily.
The mere decoying or enticing away would not ein-
stitute a case under the 20t'i section.
Mr. Bingham—l t.h nk there is a sufficient dis-
tinction between this case and that of " the Queen
v. Edwards" to induce me to say th-at the charge
must be settled by a higher tribunal, but I have so
much doubt about the 'natter that I shall admit
the defendant to bail ; I must have two sureties of
2501. and the defendant's recognisances in 500/., to
appear next Thursday.
The defendant was reported to haze been in the

WESTMINSTER.—Thos. Kelsall, alias Kruse
alias Sheppard, and William French, alias Johison,
two well-known impostors, were brought up for re-
examination, charged with impudent frauds.
Ttie prisoners owed their apprehension to an im-
posture practised upon Mrs. Doiley, au aged lady,
at Chelsea. In October last Kelsall went to her
house, and representing himself as the son of Mr.
Kruse, coal merchant, stated that a man in their
employment having met with a terrible accident a
subscription was being raised to maintain his family
and get him out of town, by which it was hoped
that bii health would be perfectly restored. Mrs.
Dolley gave 55., and Kelsall went away. A few
days ago he again visited the old lady, and i .tro- '
clueing French as the man for whom h,. had previ-
ously enlist her sympathies, said that his mother
in assisting hira had parted with her last half-penny
and bad had a distress put in upon her goods, which
would be sold unless she could raise V. Mrs.
Dolley referred the mater to her son, who, having
made inquiries into the prisoner's story, gave the
prisoners into custAly, when they were remanded.
There was now a fresh case exhibited against the
prisoner French, f, obtaining money from Mrs.
James Whatman, wife of the member of Parlia-
ment, The fraud was committed by means of the
following letter

" London, April 9.

" Honoured Madam,—l left home this morning (Box-
ley) for the purpose of obtaing admission for a poor
orphan girl, namsd Hickmall, into the asylum for Indi-
gent Blind in St. John's-wood, and I find that in con-m-
-quence of the child be'ng able to discern the smallest
degree of light 84e is rejected at that institution, and
recommended by letters to the asylum in Bristol, where
she will be admitted for five years at the rate of 2s. per
week, one year's money payable in advance. I have not
sufficient means in my puree to defray the unexpected