The Sun.
London, England, 1861-10-31 00:00:00

TEM SUN, LONDON, THURSDAY EVENING, OCTOBER 31, 1861.

MIDDLESEX SESSIONS.—(Oct. 30.)

(Before the Assistant-Judge.)

John Beale surrendered in court to take his trial
upon an indictment charging him with stealing a
watch, chain, cameo brooch, and other articles, the
property of George Mitton.
Mr. Tindal Atkinson prosecuted ; Mr. Ribton
defended.

The evidence was this :—The wife of the prosecu-
.or said she lived at 50, Clifton-street, Finsbury,
and her husband was a commercial traveller, One
afternoon in August she was returning home with
a Mrs. Sharpe, and went into the Mitre Tavern,
Broadwall, where they saw the prisoner and seven
or eight other persons. I said (she deposed) to the
prisoner, " You are Mr. Early who came with my
brother to my house three years ago." He did not
deny the name, and I got into conversation with
him, and at last invited him to come to my hus-
band's house any time ho might be passing, and
told him my address. On the 19th of August he
called, and said he had a friend below. I said, " Why
don't you bring him with you ?" and sent my ser-
vant to fetch him, who accordingly brought in a
man who gave the name of Hunt, but I have since
ascertained his name to be Ellis. I had seen him
at the public-house with the prisoner on the day
previous. I asked them into the drawing-room,
where they remained ten minutes. I then asked
them into the kitchen, where they had some bread
and cheese and ale, and remained in conversation
until one o'clock. I then said my husband will be
in soon ; will you mind going upstairs and stopping
till he is gonefrom dinner. Previous to that, about
a quarter of an hour after they came, I said to them,
" If my husband comes here, say you've come to
take apartments." I showed them upstairs, and
went into the second floor back-room. I had shown
them my plate and jewellery in my bedroom while
talking of family matters, also two or three watches,
one of which is gone. That was in a drawer. I
said, "It does not look as if I was coming to the
dogs." I then took them down to have some lunch,
and sent them up there again while my husband
was at dinner. They were there three-quarters
of an hour. In the room there was a silver-
topped smelling-bottle and a cameo brooch. I saw
a purse on the dresser in the kitchen. When my
husband left they came down again. He came back
again and found them there. They were then at
dinner. One of them said, "We have come about
the apartments, and will come on Wednesday and
take them." They then left, and afterwards, about
five, I missed the purse, and no one had been there
but myself and servant. There was nothing in the
purse ; it was a gilt one. On the following Wanes-
day, the 21st, I missed a silver watch, marked
" T. M.," a ladies' gold chain, a cameo brooch, and
the silver-topped smelling-bottle, which were in my
bedroom where I showed the prisoner. They were
of the value of £l4. She said she paid for the ale
at the Mitre, and was sober. The prisoner was not
in her bedroom with her an hour and a half, not
more than ten minutes, and she was then showing
them her jewellery. She told her husband they
paid 2s. for their dinner, but that was a lie. She
said so through fear of his being angry. They did
not come to hire apartments. They had both ale
and gin in the kitchen, witness partaking. They
parted friendly. On the Wednesday they were to
come and escort her and Mrs. Sharpe to the Crystal
Palace. She was sober at the time. She did not see
the watch on the Tuesday, and the drawer was un-
locked from Monday till Wednesday.
Short, police constable 77 C, took the prisoner in
charge in 'Waterloo-road, and told him what he was
accused of. He said, " Well, if you will take me to
Ellis's we'll see if we can square it." Witness told
him he could not do so, but he went himself to
Ellis, but could not find him. The prisoner said he
knew nothing about it, and that it was a bad busi-
ness he ever saw her at all.
Jane Goodwin, servant to the prosecutrix, de-
posed that, on the 19th of August the prisoner and
another man came to their house. The mistress
took them into several rooms. There was an empty
purse lying on the kitchen dresser. Half an hour
after they were gone it was missed. No other
person had been in the kitchen. When the
master came home they went up stairs. They re-
mained there the first time, the second he caught
them in the kitchen. The value of the purse was 4s.
While the other man was in the drawing-room with
the mistress she saw the prisoner come out of her
bedroom. They were in and out of the rooms,
mostly in the drawing-room. She fetched a pot of
ale and a quartern of gin while they were there,
and she herself had half a glass.
The defence was that, under the circumstances,
there could not be the least ground for imputing a
felony to the prisoner—that the charge had utterly
fallen.
The prisoner declared his innocence of the charge.
The jury returned a verdict of not guilty.

Mr. Bruton had only been told so by some person
who was not forthcoming to prove the fact.
Alderman Lawrence decided upon remanding the
case till yesterday, taking Mr. Tallis's recognisances
in £5O to appear.
Mr. Tallis accordingly attended yesterday before
Alderman Lawrence.

Mr. Hardinge Giffard, instructed by Mr. Harri-
son, appeared on behalf of Mr. Talks.
Mr. Child said he attended for Mr. Bruton, who
complained of the conduct of Mr. Tallis in this
matter. Although the point upon which the magis-
trate would have to decide was a very short one,
he alluded to the charge of felony, there were a va-
riety of circumstances in the case which would, he
thought, throw difficulties in the magistrate's way,
and prevent him doing full justice to both parties in
the matter. It appeared that in the early part of the
present year, Mr. Tallis made an assignment of all
his property to his creditors, which ultimately ter-
minated in bankruptcy. Among the property so as-
signed was the "London and Provincial Newspaper
Company," but the trustees of Mr. Tallis's estate
deeming the property of no value, broke up the
establishment. Mr. Tallis, however, had a better
opinion of that branch of the business, and applied
to his friend and companion, Mr. Bruton, to assist
him in preserving the business, representing that
£lOO would be sufficient for that purpose. Mr.
Bruton was induced to advance that sum, for the
purpose specified, and he was willing to admit that
although the business was carried on in Mr.Bruton's
name, he advanced the money for the preservation
of the property for Mr. Tanis • and at that time
fully intended that Mr. Tallis should have the busi-
ness, which was first carried on at Water-lane, in
the Strand, and subsequently removed to the pre-
mises in Crane-court. Mr. Tallis's name appeared
to some of the publications, but his bankruptcy be-
coming notorious, not from anything dishonourable
on Mr. Tallis's part, it was found desirable to re-
move his name, as it was becoming detrimental to
the publications. Mr. Tallis's name being with-
drawn, Mr. Bruton extended the business, and
invested more capital to the amount of upwards of
£l,OOO, which necessitated the addition of another
house to the premises. This all occurred since
March last, but there was so much delay with re-
gard to Mr. Tallis's certificate that Mr. Bruton at
length deemed it advisable to take the control of
the business into his own hand, in order to cover
the amount of his advances. Mr. Tallis received his
certificate about a fortnight ago, upon which he as-
sumed the entire management of the business,
struck out Mr. Bruton's name from the invoices,
discharged some of the men, and was acting in every
way as the proprietor. This conduct resulted in a
meeting of both parties, and several mutual friends,
but as r. Tanis only said Mr. Bruton would be paid
his money, without proposing any arrangement for
that purpose, he declined to give up possession of the
premises, and took time to consider what course he
would take. On Saturday morning last he wrote to
Mr. Tallis, who immediately went to the office and
took possession of the cash-box, containing £4O of
Mr. Bruton's eash, which Mr. Tanis could not have
any claim upon. Mr. Bruton accordingly demanded
his money, and Mr. Tallis ordered him off the
premises, which he claimed as his, and all the pro-
perty they contained. Mr. Tallis was remonstrated
with, and finding he would not give up the money,
Mr. Bruton called in an officer and gave Mr. Tallis
into custody on the charge of felony, which was the
only question for the magistrate now to deal with.
Mr. Giffard said Mr. Child had in his own state-
ment put his client out of court, as he admitted that
the business was Mr. Tallis's, and that Mr. Bruton
only advanced the money to carry it on. It was a
disputed question of right, which the magistrate
had no power to try.
Mr. Child said Mr. Tallis's conduct was not the
proper mode of asserting a right, and appealed to
the magistrate's sense of justice to assist him in re-
covering his client's money, at the same time ex-
pressing great willingness on the part of Mr. Bru-
ton to transfer the business and property to Mr.
Tallis, on receiving a guarantee for the payment of
the £l,OOO he had invested in the business.
Mr. Giffard said that court was not a Court of
Chancery to settle questions of right, and whatever
Mr. Tallis's conduct had been, it was not the most
conciliatory mode of effecting an amicable arrange-
ment to commence proceedings by locking him up
on a charge of felony. He was there to protect Mr.
Tallis from the imputation arising from a criminal
charge, and until that matter was disposed of he
could not think of going into the question of right.
Mr. Martin, the chief clerk, reminded Mr. Child
that the gravamen of a charge of felony was the, in-
tent. At present there was no evidence of a felo-
nious intent.

Mr. Child said he did not wish to go on with the
charge, and he therefore repeated his former offer,
including, as a condition, that Mr. Tanis should give
up the keys of the safes, the cash box, and the £4O.
Mr. Giffard said the magistrate could not be made
a party to any such arrangement.
Alderman Lawrence said he did not see in what
w. 7 ho ~ould deal with the case. He had allowed it

to go thus far to ascertain in what manner such a
serious charge arose; but there was not the slightest
evidence produced to show that Mr. Tallis had any
felonious intent in taking the money. He might
have acted erroneously and imprudently, but he
could not deal with the case as a felony merely be-
cause Mr. Tallis had acted foolishly. He would,
however, recommend Mr. Bruton and Mr. Tallis to
place themselves in the hands of their legal ad-
visers, and be had no doubt a satisfactory arrange-
ment might be effected.
Mr. Giffard said he thought so too, but not if the
negotiations were to commence with a charge of
felony.
The charge was then dismissed.

MARYLEBONE.—THE LATE ATROCIOUS AT-
TEMPT TO MURDER A LADY IN PADDINGTON AND
ROBBERY OF PLATE, &C.—Shortly after the open-
ing of the court, a considerable crowd of persons
collected in the immediate vicinity thereof, in con-
sequence of its having become known that two men
were to be brought up from the Paddington-station
on the charge of having assaulted, with intent to
murder, Mrs. Sarah Green, a lady of independent
property, residing at No. 5, Fulham-place, Pad-
dington, and also with stealing a gold watch, a
quantity of plate, &c.
After some cases of minor importance had been
disposed of by Mr. Tyrwhitt the prisoners were
placed at the bar. They gave their names William
West and James Barker, the former describing
himself as a hairdresser, 42, King-street, Borough,
and the latter as a hawker, 3, Walworth-gardens,
Walworth.

The hearing of the case excited, as may be
imagined, a great deal of interest, and the court
was therefore much crowded. The lady who was
so brutally attacked, and who is 75 years of age,
was quite unable to attend.
The first witness called was

Elizabeth Askew, who said—l am in the service
of Mrs. Green, who is a widow. On Thursday even-
ing last, at half-past nine, I went into the kitchen
to get supper for my mistress, and took it up to her
in her bedroom, which is the front room on the
second floor. As soon as I opened the door I saw
two men in the room. One of them had hold of the
throat of my mistress and pressing her against the
back of an arm chair upon which she was seated, and
the other was by the side of the bed looking at a
secretaire. Ido not know whether it was open or
not. The man who had hold of my mistress ex-
claimed, "If you scream I'll murder you." I threw
the tray down stairs, and screamed out " Murder"
as loudly as I could, after which I turned to the
door again, when the man had quitted his hold of
my mistress, and was standing with his back to the
fire. He had on a black mask, when he hastily
pulled it off, and rushed across the room towards
me. I suddenly turned round, when he and his
companion pushed past me, and by the force with
which they ran against me I fell down two or three
stairs. As soon as I could get up I went back to
my mistress, whom I found bleeding profusely from
wounds on the head. I immediately ran for medical
assistance, and two doctors soon came to the house.

Mr. Tyrwhitt—Was anything missed from your
mistress's bedroom?

Witness—Yes, your worship; a gold watch, and
numerous spoons, forks, &c.
Mr. Tyrwhitt—Where was the property taken
from ?

Witness—From
dressing-table.
a plate-basket under my mis-
tress's
Mr. Tyrwhitt—You mean the dressing-table in
the bedroom yon have spoken of.
Witness—Yes, sir.

Mr. Tyrwhitt—What other persons were in the
house at the time ?

Witness—The cook and another woman.
Mr. Tyrwhitt—Where were they when you took
up the supper ?
Witness—l left them in the kitchen.

Mr. Tyrwhitt—Do you think you could point out
the man who had hold of your mistress's throat in
the way you have described ?

Witness—l believe that is the man--painting to
the prisoner, West.
Mr. Tyrwhitt—Now, with regard to the man who
was, as you say, at the secretaire, can you point him
out?

Witness—l don't think I should know him again.
Mr. Tyrwhitt—When you took up the supper, as
you have stated, was the front door open or shut ?
Witness—lt was shut.
Mr. Tyrwhitt—Have you since seen any of the
stolen property ?
Witness—l have not.
Mr. Tyrwhitt—ls there any back door leading
into a garden at your house ?
Witness—,There is, your worship, but it was fas-
tened ult.

The prisoners here said that they knew nothing
about the matter.

Inspector Steer, D, said he had other witnesses
present, who would be able to give_ moan
evidence.

John Holden, in the service of Mrs. Peirce, the
Warwick Hotel, Fulham-place, said—On Thursday
evening last, at 20 minutes past 9 o'clock, I saw two
men in conversation together by a dark wall oppo-
site Mrs. Green's house. One of them had his back
towards me, and he crossed over and went through
a gate, which I imagine was that of Mrs. Green's ;
I
while was waiting to see if the people at No. 27
wanted any beer, another man passed me twice,
and after I had gone back, I returned in five
minutes, he was not there. It was not long before
I heard an alarm that a robbery had been com-
mitted, and a lady attempted to be murdered. I
believe the tall man (West) to be one whom I saw
near the spot.
Mr. Tyrwhitt—Now, as to the other prisoner,
can you speak, with any kind of confidence, as to
his being the man who was with him?
Witness (after looking closely at Barker)—l
think he is not so full in the face. The man I saw
had a moustache.
Barker here said—l have not worn a moustache
at all, and I can bring a constable of the M division,
who has known me for years, to prove it.
Inspector Steer was next called, and said—At 20
minutes to 9 on the evening of the 24th I heard an
alarm of thieves. I went to the house, and on going
up stairs found the bannisters broken. I went into
the bedroom, where I found the life-preserver and
black crape mask by the door. (They were pro
duced.) I saw that a desk had been broken open,
and picked up a screwdriver lying by the side of it.
The contents of the desk were in a very confused
state, and many papers had been turned out of it.
I saw by the side of the bed a plate basket, in which
there was only one article left. Mrs. Green was
sitting in a chair, having severe marks and contu-
sions all over head, and was bleeding profusely.
She was attended to by two surgeons, anb is not
considered to be out of danger. I received infor-
mation that two men were in custody at the station
in Stones-end, Borough, on suspicion of being the
guilty parties, and I went there accompanied by the
witness Askew. They were brought out with a
number of other prisoners, when Askew pointed out
West, saying she was certain he was the man whom
she saw holding her mistress in the way before
stated.

Mr. Tyrwhitt—Did she point out the other pri•
soner P

Inspector—No, sir. The inspector added that he
had searched the apartments of the prisoners, but
he had found nothing therein in connexion with the
robbery. He brought them in a cab to the Pad-
dington Station.

Mr. Tyrwhitt—Did you tell them what they
were charged with ?

Inspector—l did, sir ; and they made no answer.
Hammond, 374 A, said that about 8 o'clock on the
evening of Tuesday, which was two days before the
occurrence, he saw both the prisoners together in
Park-place, Paddington-green, not far from Mrs.
Green's residence.

Mr. Tyrwhitt-- Had the prisoner Barker at tha
time a moustache ?

Witness—l cannot say, your worship.
Mr. Tyrwhitt—And yet, are you sure he is one o:
the men ?

Witness—Yes, Sir.
The prisoners, on being asked what they had to
say, alleged that they were innocent, and asserted
that they had never been in the neighbourhood of
the prosecutrix's residence.

Inspector Steer applied for a remand, being of
opinion that upon another day he should be pre-
pared with other evidence connecting the prisoners
with the outrage and robbery.
They were remanded for a week.

LAMBETH.--WHOLESALE SWINDLING:.—Henry
Jackson, alias Low, alias Tapley, Eliza Jackson, his
wife, and Mary Ann Low, a girl 16 years of age,
who have been in custody for several days, and the
two former of whom stand committed on a charge
of sVvindlinz Messrs. Sowdon and Co., of Commer-
cial-place, old Kent-road, out of furniture and other
property, to the amount of £l7O, were brought up
on remand, and placed at the bar before Mr. Elliott
for further examination on other charges.
Mr. Best appeared for the prisoners.
The first witness called was Mr. Harris Parr, who
deposed that on the 21st of June last he was in part-
nership with his brother, and carried on business as
ironmongers, at 40, Blackman-street, Borough. On
that day he was in the shop with his brother, when
the male prisoner came there, and said he was about
to be married, and wanted his house furnished, He
said his name was Edmund or Edward Low, &sales-
man in the Cattle Market, and lived at No. 5, Grove-
, terrace, Peckham. He also said that he banked with
Messrs. Hill and Son, of West Smithfield, that his
name was well known there and at the Cattle-
market, and the terms for the articles to be supplied
was cash on delivery. At his request witness went
to the house in Grove-terrace, where he saw the pri-
soner and also a female whom he represented to be
his servant, and received directions to send fenders
and fire-irons for the different rooms. He then told
Low, as he then called himself, that his terms would
be cash, and that the goods should be paid for on
delivery, and he replied that was quite
right, as that was what he intended. The goods or-
dered were sent to the house, and after that the
female prisoner and the female he had seen at the
house called, when the latter introduced the former
as the intended wife of her master, and that she had
called to select more goods. She selected a variety
of articles, and amongst them a dressing-case, pair
of razors, and razor strop, which articles, she said,
she intended as a present for Mr. Low, and took
them with her, and desired that they might be
added to the bill.

Mr. Elliott—What, add them to the general bill,
though she was about to present her intended hus-
band with them ?

Witness—Yes, sir. (Laughter.) At that time
witness asked her when he should call for payment
of the goods that had been sent, when she replied
that Mr. Low was out of town just then, and would
no doubt like to look over the invoice before paying,
and if he sent it she would hand it to him on his
return. On going to the house soon after he saw the
female whom he had spoken of as the servant, and
she said that Mr. and Mrs. Low were on their wed-
ding tour, but she expected them home shortly. On
next calling he was told that Mr. Low was at Rom-
ford, and should be home next day if he did not go
to Leicester, and when he called again he was told
that Mr. Low had come home just as witness left on
the former day, and had left directions that witness
might send the things ordered by Mrs. Low or not,
just as he liked, and if he did send them he was to
send an invoice with them, and he should send or
call and pay for them on the Monday following.
Witness then said that the goods having been sold
for cash, he should take no more trouble in the mat-
ter, but should place the matter in the hands of his
solicitor. The value of the goods sent was £5B 18s.
4d., and none of them were paid for. About three
weeks after they bad been sent, from what he had
heard, he went to the house and found it closed.
The witness was cross-examined by Mr. Best re-
specting the identity of some cruet-stands produced
by the pawnbrokers, and he could not swear to them
as his property, but he did speak to the identity
of other articles found by the officers when they ap-
prehended the prisoners.
Inspector Wools was called, and said that amongst
the things found in possession of the prisoners was
the invoice of the goods supplied by the last witness.
Mr. James Wells, clerk in the banking-house of
Messrs. Hill and on, of Smithfield and the New
Cattle-market, said that Mr. Edward Low, a cattle
salesman, kept an account at the bank, but the pri-
soner was not the person, nor had the male pri-
soner any account there. _ _

Sergeant Hull deposed that the male prisoner
had admitted to him that his real name was Tap,-
ley, and that he had been married to the female
prisoner at Camberwell Church in the year 1854.
Jackson and his wife were committed to take
their trial on this charge also.

The next charge enterid on wag one for obtaining
china, glass, and delft ware to the amount of £32 65.,
from Messrs. Burdett and Co., Staffordshire-ware
manufacturers, whose warehouse is at New-cross,
by fraud.
The pretences used in this case were precisely the
same as the last, bat in addition to the usual orders
for different patterns of dinner and tea-services, the
male prisoner, on calling one day, and finding that
his intended bride had not ordered any champagne
glasses, said, that though the youngest, he did not
see why he should put up with anything less time
his brothers, who were " stunning coves," and
ordered two dozen.

On this, the third charge, the two elder prisoners
were further committed for trial.
Mr. Best addressed the Court on behalf of the
younger prisoner, and submitted. that there was no
evidence against her to justify a conviction, and
She was discharged.
The learned gentleman then applied that the other
female prisoner might be admitted to bail, and
The Court consented to the bail being taken, two
sureties in £2OO each.

MURDER OF CAPTAIN SACK.—We learn that
Captain Sack, a gentleman well known in Singapore, has
been murdered in a boat in which he was proceeding
accompanied with a French nobleman, from Soo-Chow to
Shanghao. The murderers, two Italians, wished to obtain
possession of a box of dollars the unfortunate gentlemen
had with them, and to ensure their evil desire proving
successful they committed their purpose. Both the men
have been arrested, and now await tiler trial is Shazigliao
Andon scinci China Telegraph.