The Sun.
London, England, 1857-11-28 00:00:00

CENTRAL CRIMINAL COURT—Nov. 26.

OLD COURT,

[Before the Recorder.]
John Johnson, 38, and James Moore, 26, were
indicted for- a burglary in the dwelling-house of
Thomas Miller, and stealing a large quantity of
boots and shoes, his property.
Mr. Sharpe prosecuted.; Mr. Ribton, and Mr.
Phillips were counsel for the defence.
The prosecutor is a boot and shoemaker in Char-
lotte-place, Goodge-street, and it appeared that on
the night of October 31 the house was secured as
usual, but on the following morning it was dis-
covered that the shop had been entered forcibly
during the night, and a quantity of boots and
shoe.. stolen. According to the evidence of a cab-
man named Edward Smith he was on the ranklin
the neighbourhood of the prosecutor's residence
about two o'clock on the morning of the 3lit of
October, when the prisoner Moore, accompanied
by a man named Onslow, who has not been taken
into custody, hired his cab, and told him to drive
to Charlotte-place, where he was directed to wait a
short time, and in a few minutes they returned,
accompanied by the prisoner Johnson, each of them
carrying a large full sack. It appeared that they
had no money to pay the fare, and the cabman was
told to take the sacks and their cDntents to his
house and bold them in security, and they promised
to call on the following morning and pay him and
take away the property. Smith it appeared had
his suspicion aroused by what took place, and he
went the same morning and gave information to
the police, and the sacks were examined and found
to contain about 100 pairs of shoes and boots that
Lad been stolen from the prosecutor, and steps
were taken to apprehend the guilty parties, and
some policemen were placed in Smith's house with
that object. In the course of the morning the
prisoner Johnson went to the house, and on his
being taken into custody and told what he was
charged with he said that others were in it besides
himself, and that he had only assisted to place the
sacks in the cab. Shortly after this Moore arrived
accompanied by anothet man, and on the constable,
who was in plain clothes, asking him what he
wanted, he replied that he had come for the shoes,
adding the query, " Who are you ?" The constable
thee told him he was a police officer, and that ho
must take him into custody for stealing the shoes,
up en which he said, "Oh ! if that's your game,
you I'm off," and knocked the constable down
and.endeavonred to make bis escape, and it was
with great difficulty that he was secured, and
during the scuffle the second man made his escape.
The jury found both the prisoners Guilty, and
evidence was given that they had been previously
convicted of felony and sentenced to 12 months'
imprisonment. They had also been several times
summarily convicted for attempts to commit felony.
The Recorder sentenced the prisoners to be kept
in penal servitude for 6 years. He at the same time
said he was of opinion that the cabman Smith hail
behaved exceedingly well in the transaction.
8.. Bell, 34, a post-office letter carrier, who had
pleaded guilty to a charge of stealing a letter con-
taining money, the property of the Postmaster-
General, was brought up for judgment, and sen-
tenced to 4 years' penal servitude.
J. G. Leveridge, 23, was charged with forging a
cheque for 961. 10s. 2d., with intent to defraud the
Commercial Bank.
Mr. Iti'aton prosecuted ; Mr. Doyle was counsel
for elle defence.
The prisoner was tried on Thursday before Mr.
Justice Coleridge upon a charge of stealing a cheque
for 311., the property of his master, Mr. Oldham, a
wine-merchant in London-street, Fenchurch-street,
and the jury upon that occasion returned a verdict
of not guilty. He was now charged with forging a
cheque for the amount mentioned, and the facts
wore incidentally alluded to in the course of the
f eaner trial. It appeared that on the 6th of Nov.
the prisoner asked the prosecutor to give him a
cheque for 31. for petty cash, and Mr. Oldham,
being in a hurry, and placing, as it appeared, the
utmost confidence in the prisoner, gave him a blank
cheque duly signed in order that he might fill in
the amount of 31. that he required. Instead of
doing so, however, it appeared that the prisoner
filled in the cheque for the sum of 961.105. 2d., and
obtained that amount from the bankers, the notes
were changed at the Bank of England for gold
directly afterwards, and the prisoner appropriated
the money to his own purposes.
The prosecutor was again subjeeted to a severe
cross-examination by the prisoner's counsel, and,
ascon the former occasion, he admitted that he had
paced very great confidence in the prisoner, and
that there had been some money transactions be-
tween them ; but the prosecutor repeated most posi-
tively that the prisoner had no legal claim what-
ever upon him, but that, on the contrary, he owed
Lint a considerable sum of money.
_Mr. Doyle made a very able speech to the jury
on behalf of the prisoner, and endeavoured t 3 show
that he did not contemplate any fraud, and that he
had, at all events, acted under an iinpres-ion that
he was justified, by the nature of his position in
the prosecutor's establishment, in .acting as he did
with this cheque, and the open manner in which
the act had been done and the certainty of detec-
tion he urged as being strong confirmatory circum-
stances of this view of the ease.
The Re corder having summed up,
Thejury, after a short deliberation, found the
prisoner guilty, but recommended him strongly to
merry, and at the same time observed that giving
blank cheques was a very dangerous practice.
Mr. Ribtoa informed the Court that the prose-
cittor, since these transactions, had discovered that
the prisoner had defrauded him to the amount of
several hundred pounds.
• The Recorder said he would confer with Mr.
Baron Watson, who had tried the other :case, be-
fore be passed sentence.