The Sun.
London, England, 1861-02-13 00:00:00

LATEST PARTICULARS.

During the height of the disturbances yesterday
one of the convict-keepers, named Goad, was
severely injured by the convicts, and now lies in a
very precarious state. On the outbreak occurring
the convicts demanded that Mr. Kinch, the chief
warder, and Goad should be given up to them, as
they intended to hang them. Goad, had he been
recognised, would no doubt have fallen a victim to
their fury, but after being severely treated he was
forced into a cell, where he was locked in.

This morning Major-General Sir Joshua Jebb,
R.C.8., the Inspector-General of Prisons, arrived
at the prison to institute an investigation into the
outbreak, in conjunction with Captain Gambier.
The result of their investigation was made known
this evening, 90 of the ringleaders being ordered to
be flogged, and afterwards sent to Millbank and
Pentonville. Twelve men have been flogged at the
prison this afternoon, including Bassett, who was
the ringleader in the outrage on St. Mary's Island,
a notorious convict named Butt, and 10 others, each
of whom received three dozen lashes.

The ringleaders in the mutiny yesterday are still
securely chained together, awaiting their punish-
ment. A guard of 100 soldiers, with loaded rifles,
will remain on duty at the prison to-night.

THE CHARGE AGAINST A CITY

11BRCHANT.

Mr. Robert North, a partner in the firm of Nickoll
and North, Russia brokers, who stands committed
upon the charge of stealing a large quantity of tallow
value nearly £9,000, was yesterday again placed at
the bar of the Mansion-house, before the Lord
Mayor. Alderman Sir R. W. Carden, and Alderman
Rose, in order that the depositions in this particular
case might be completed, and also that further evi-
dence might be adduced in support of another
charge of defrauding Messrs. Goss and Co., Russia
brokers, Old Broad-street, of £1,497, under similar
circumstances.

Mr. Giffard, the barrister, instructed by Messrs.
Freshfield and Co., the solicitors to the Bank of
England, again attended on behalf of the prosecu-
tion. Mr. Metcalfe, the barrister, instructed by
Mr. Baylis, solicitor, of the Poultry, appeared as on
the previous occasions for the prisoner.
Mr. George Goss disposed that ho carried on the
business of a Russia merchant at 98, Old Broad-
street, and in November last the prisoner purchased
of him a quantity of tallow, at the rate of 60s. per
cwt. The transaction took place on the 26th, and
he gave the prisoner a contract note, a copy of
which he produced.
The contract was put in. It was in the usual
form with this exception, that the bargain was
expressly stated to be for " ready money."
Mr. Goss then went on to state that this trans-
action would have come to a conclusion on Jan. 30,
and he sent the prisoner the usual notice that he was
ready to deliver the tallow on the 16th, and on
Jan. 28 he met the prisoner at the Baltic Coffee-
house, and he asked him whether he would be in-
clined to advance money on tallow ? Witness in-
quired whether he referred to the tallow he had
purchased of him, and he said he did not, he meant
to pay for that, and they parted. On the following
day witness received from his clerk a cheque for
£1,497 14s. 11d., signed by prisoner, which was
the price of the tallow, deducting one day's interest.
The witness said he should certainly not have given
an order for the delivery of the property if he had
not believed that there was money at the prisoner's
bankers to meet the cheque. It was paid into his
own bankers, Messrs. Williams, Deacon, and Co.,
and was returned unpaid the following day.
Mr. Goss was subjected to a severe cross-exami-
nation by Mr. Metcalfe, and in answer to various
questions that were put to him, he said that in the
Baltic trade it did frequently happen that at the
time the cheque was given in a transaction of this
description the money to meet it was not at the mo-
ment at the bankers, and it was understood that
the cash would be provided in the course of the day
and that some arrangements would be made for
that purpose. In the ordinary course of business the
broker would give the delivery order to his princi-
pal, and he would hand him his cheque in return.
The witness also said that it was a customary ope-
ration in thetradetoborrow money upon the tallow
that had been purchased, and use that money to
meet the cheque that hadbeen paid for it. Witness's
firm only acted for principals, but he said he was
quite aware it was customary for Russian brokers
to speculate, and he also said it was quite common
for principals to ask brokers to advance them money
to meet the engagements they had made.
Mr. Metcalfe inquired whether a fall in the mar-
ket, or the circumstance of the tallow purchased
not turning out as good as was expected, would not
materially affect the position of any person who
wished to borrow money upon the article ?
Mr. Goss said no doubt it would, but an honest
man could at all events return the property to the
parties from whom he had received it, or if he had
pledged any portion of it he would not keep it, but
would hand it over to the owners of the property.
In answer to further questions, Mr. Goss said
that at the time the delivery order for the tallow
was given to the prisoner it had not been transferred
to his own order, but this arose from the fact of the
prisoner pressing to have the order very early, on
the day before the transfer could be effected. I he
transfer was, however, sent to the wharf (Scovell'a),
where the tallow was lying in the course of the day.
The Lord Mayor inquired of Mr. Goss whether
he was to understand that at the time he gave the
delivery order to the prisoner there was no taliow
deliverable under the order.
Mr. Goss said that was the fact, but it arose
solely from the prisoner pressing to have the order
so early, and before they had time to get the pro-
perty transferred to their firm.
Evidence was then given that upon the receipt of
the delivery order the tallow •was transferred by a

fresh warrant to Mr. Dalton, a solicitor, the same
gentleman who name was referred to in the inquiry
that took place on Monday relating to the other
transactions. It was also proved, as in the former
case, that on the day the cheque was given, the
whole amount standing to the credit of the prisoner
at his banker's was £8 13s. 4d.

The Cord Mayor (Mr. Giffard having previously
stated that this was all the evidence he proposed to
adduce on the part of the prosecution), intimated
his opinion that the case was one which ought to
be submitted to the consideration of a jury.
Mr. Metcalfe then addressed his lordship, and
said he was certainly surprised that his lordship
should have come to such a determination, as it
appeared to him that there really was no legal evi-
dence whatever to support either a charge of lar-
ceny, which appeared to be the present form of
charge against the prisoner,or one of obtaining goods
by false pretences. In order to make out a false
pretence, within the meaning of the statute, and
according to all the case that existed upon the sub-
ject, it was necessary that there should be a false
representation as to some existing fact to support
such a charge. If the prisoner at the time he gave
the cheque had stated that it would be paid, and
there was money at the bankers to meet it, it would
have been very different ; but it was admitted by
the manager of Mr. Hubbard on Monday, and by
Mr. Goss to-day, that in these transactions it was
understood that at the time the cheque for such a
purchase was given the money was not ready to
meet it, but that some arrangement would be made
in the course of the day to provide for the cheque.
He then proceeded to argue that there was no pre-
tence for charging the prisoner with larceny, and
he said that if such a course could be taken upon
such evidence as had been produced in this case,
any broker engaged in the Baltic trade, as it was
termed, who, from the failure of his principal to
provide the necessary funds, or from the inferior
cnaracter of the article rendering it difficult to
obtain an advance of money upon it, was unable to
meet payment, might be placed in the felons' dock
upon a similar charge. The learned counsel con-
cluded by stating that if, as he gathered from the
the course that had been token, the prisoner would
be charged with stealing tho order for the delivery
of the tallow; he would remind his lordship that at
the time it was given Mr. Goss had none of the
tallow in his possession, and upon this technical
ground he submitted that there was no foundation
for such a charge, and that upon all the facts there
was not the slightest probability that any jury
would convict the prisoner, and he therefore called
upon his lordship to dismiss the complaint.
Mr. Giffard, in reply to the address of Mr. Met-
calf, said that with regard to the technical point
that had been raised by his learned friend as to the
delivery order being of no value, he would merely
state that in a very important case that was argued
before the Court of Criminal Appeal, where a per-
son named Watts, a clerk to the Globe Insurance
Company, who was charged with larceny in steal-
ing a piece of paper of the value of one penny,
that piece of paper being a cheque that had been
returned and re-issued by the prisoner, the court
decided that the count charging this offence as lar-
ceny was a good one, and that the prisoner was
properly :convicted. 'With regard to the other
topics that had been urged by his learned friend, or
with reference to the morality of the speculative
transactions that had been suggested too place in
this particular trade he had nothing to address to
his lordship ; but he might be excused for observing
that in most cases where people were inclined to
speculate, they did so with their own money and
their own property, whereas the prisoner appeared
to desire to do so with that of other people.
The Lord Mayor then left the court for a short
time, for the' purpose of conferring with Mr. Good-
man in refereree to the case.

His lordship upon his return said that the result
of the deliberation with Mr. Goodman had been to
confirm him in the intention he had before formed
in his own mind to commit the prisoner for trial.
He had looked very carefully at the wording of the
original contract under which the transactions took
place, and he could not fail to see that the bargain
that was made was one for " ready money," and
the evidence given by Mr. Goss was distinct and
clear, to the effect that he would not have parted
with the property if he had not believed that he
would have got the money. With regard to the
technical form in which the charge would ultimately
be made he had nothing to do ; that was a question
for the consideration of the gentlemen who would
have to draw the indictment, and all he had to do
was to commit the prisoner for trial.
The charge upon which the prisoner was formally
committed was that of stealing a piece of paper of
the value of twopence, and in answer to the usual
formal question whether he desired to give any an-
swer to that charge, he replied that he had nothing
to say.

M. Metcalf made an urgent application to his
lordship to allow the prisoner to be admitted to
bail.

The Lord Mayor said he thought he should not
be doing his duty if he granted the application.
Ho should be sorry to give any reasons for this de-
termination, which might be painful to the prisoner,
but he had quite made up his mind not to take bail.
The prisoner was then fully committed on both
charges.

WILLS AND BEQUESTS.

(From the Illustrated London New.)

The will of the Rev. Dr. Croly, LL.D., rector of
St. Stephen's, Walbrook, and late of Queen-
square, Bloomsbury, •was proved in the London
Court of Probate on the 4th of this month by the
acting executor, Frederick William Croly, Esq.,
the testator's son. The personalty was sworn under
£B,OOO. The dispositions contained in the will are
exceedingly brief, the whole being confined within
four folios. It bears date the Ist of September last,
and at the commencement has words usual in these
documents but not often so closely brought into
operation, " being sound in mind and body,
yet aware of the uncertainty of life, make this
my last will and testament," and then proceeds
by bequeathing his plate and some family paintings
to his son Frederick. His furniture and books he
directs to be equally divided among his three sons.
To his son Pelham he bequeaths a legacy of
£3,500, and leaves the residue of his property
between his two sons, Frederick and Julian.
There are no other bequests or directions con-
tainedin the will, which was attested by Clement
U. Price, solicitor, Bedford-row, and by G. P.
Wright, his clerk. Dr. Croly was the rector for a
period of twenty-six years of a parish which is
decorated with one of the finest specimens of
Sir Christopher Wren's church architecture, and
maintained a high reputation as an author and was
equally distinguished and popular as a preacher.
This eminent man, whose death, on the 24th of
November last, was so sudden as to have created a
great shock at the time, had attained the advanced
age of 76, and was in the enjoyment of good health
and strength up to the period of its termination.
The will of Sir Richard Puleston, Bart., of Em-
ral-park, in the county of Flint, was proved in
London on the 2d of this month. The personalty
was sworn under £lO,OOO. The executors nominated
are Lieut.-Gen. Sir Richard England, G.C.8.,
K.H.; Henry Bailey, sen , Esq., of Nant-y-glo ; G.
Barker, Esq., of Stanlake, Berks ; and the Rev.
Theophilus G. H. Puleston, the testator's son.
The estates of inheritance situate in the counties of
Flint, Chester, and Denbigh are entailed on the
issues of the eldest son, Sir Richard Price Pule-
ston, Bart. To his second son, John P. B. Pule-
ston, the deceased baronet has left all his other
estates and disposable property, real and personal.
The will, although of great length, contains no
bequests to other members of his family. It bears
date the Ist of June, 1855, and was attested by
Frederick Peake, Gray's Inn-square ; and Henry
Penlington, coachman to Sir Richard. The de-
ceased baronet, who was twice married, died a
widower, the late Lady Puleston having prede-
ceased him in 1847. He has left three sons and
three daughters. Sir Richard died on the 19th of
December last, at West Kirby, Cheshire, at the
age of 71.
The will of Sir Matthew Edward Tierney, B,art.,
of Chapel-street, Belgrave-square, was proved in
the principal registry, on the 28th of last month,
by Lady Tierney, his relict, the sole executrix. It
was executed on the 21st of March, 1857, and
attested by W. Watkins and
i F. P. Hooper, solici-
tors, Sackville-street, and s very concise, the
Baronet having bequeathed the whole of his estate,
real and personal, over which he had a power'of
disposition, to his wife, for her sole and absolute
use. Sir Matthew died on the 28th of December
last, at the age of forty-two, and has left no issue.
The deceased Baronet was the only son of the late
Sir Edward Tierney, Bart., and the nephew of Sir
Matthew J. Tierney (the first Baronet), Physician
to King George IV.

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