The Sun.
London, England, 1857-01-28 00:00:00

THE BULLION.ROS_URY -DiViSION OP THI
JUDGES AS TO THE PROPEITY.'

Mr. Baron Martin and Mr. Justice Willes sat yester-
day afternoon in the Exchequ chamber at Westmin-
ster, for the purpose' of hearing the several' parties
claiming to be entitled to the Turkish bonds and other
property found in the pcssession of the prisoners Pierce,
Burgess, and Tester, who were convicted of the extensive
rub,,ery of bullion up-ma the South-Eastern Railway. '
Mr. Bodkin appeared on behalf of the company ; -Mr.
Sleigh, instructed by Mr. A. Crosley, the under-sheriff,
represented the Sheriffs of London and Middlesex ; Mr. '
Petersdorff appeared on behalf of an attorney named
Sa ward ; Mr. Beard, from the office of Mr. Buchanan,
appeared on behalf of the wile of the prisoner Tester ;
and Mr. Reynolds, the solicitor for the Treasury, also
attended on behalf of the Crown.
Mr. Sleigh first addressed their lordship; and he con.
tended that under the ancient charters granted to the cor-
poration of the City of London the property of all felons
convicted in the City was forfeited, and that the sheriffs,
by virtue of their office, ought to have the custody of all.,
the property taken from the prisoner Pierce, he being a
felon, and all his goods and chattels bet- g thereby forfeited ,
to the Crown, and the sheriffs, who were the custodians
of the Crown,ought therefore to have possession of it.
He said that from time immemorial the property of the

prisoners convicted at the Old Bailey bad been given up
t.s the sheriffs iii that capacity, and he believed this was
the first time that these rights in this respect 'had ever
been contested- He went on to say that he was instructed
that it was not the fact that Agar placed the money he
possessed in Pierce's hands for the benefit of Fanny Kay,
but in poitt of fact he handed it to Mr. Wontner, to be
given to Betty Pierce, the wits of that prisoner, and,
that there was nothing to show that the whole
proceeding was not cullusive with a view to
defeat the title of the Crown to the property, and he
urged, that the court had now power under such circum•
stauces to order the property to be given to Fanny Kay,
He then referred to the act of the 7th and Bth Geo. IV.,

o. 57, which related to the power of the judges to order
he restoration of stolen property, but he said that the

proventy now in queaiut was not only no: a part of the
=Olen pruferty, but a great portion of it was not even
ale proceeds ut it, and he urged that ,the only ceirse
that ought to be taken was to place the property in the

hai.ds of the sheriffs, who would be responsible lor its
sate ca,tody, and who would be ready to obey any order
hat tee judges might eventually make respectiug
Mr..Petersdorff then briefly addressed the court, and

claimed ou behaq of his c:ient to ohtsau a horn ut 2601.
for costs that had been iccurfed by Mr. Saward iu con-

ductuig some legal proceediuga for the prisoner Pierce.
Mr. Beard,- on behalf of Mrs. Tester, claimed the pro-
petty taken from him, and which, it will be remembered,
consisted 01 certain Spanish Binds, upon a settlement
made by the prisoner before his trial.
Tue judges at once decided that neither of these par-
ties had any legal caciai. With regard to Mr. Sa ward,
ne could have nu right to be paid Ws debt out of pro-
perty in which the Crown had a title, and with refer-
:nue to Mrs. Tts:er, the bonds in question were dis-
tinctly made out to be the result of the proceeus of the
stolen gold, and she therefore could show no right to them.
Mr. Bodkin said that au behalf of the company all he
asked of the court was to 'order that the property which
was undoubtedly the produce of the robbery that had
been committed upon them should be delivered up.
Toey bad paid 10,0001. as the value of the gold
that had been stolen, and the company only desired that
they should be treated like other prosecutors, and have
restored to them that which was clearly made out to be
toe produce of the stolen property, He then said that
it was proved at the trial that 5001. of the purchase mo-
ney of the Turkish Bunks was the result of five of the
100/, notes that were obtained in gold at the Bank of
Eogland, and about 4001. more that was in the hands of
Messrs. Reid, brewers, with whom it had been placed by
Mr. Stearn, the publican, on behalf of Burgess. These
two sums were clearly shown to have been the produce
of the gold that was sold by Pierce and Agar, and which
was divided among the prisoners, and it appeared to him
that the company were clearly entitled to this money,
and that the court soould make an order for it to be de-
uvered up to them. .

Mr. Sieigu said he should not offer any objection to
tbia amount being given t,, the company ; but be con-
tended that the sher►ffs ought to have the custody of the
re►naioder on behalf of the Crown.

Mr, Just,ce Willes expressed his opinion that the

.-heriits had not made oat a case that would justify the
Uou►t in making the order they prayed for. They pro-
fe,sed to be acting in the interest of the Crown, but the
~oheitor for the Treasury was present who was the direct
party to ►nterfere. _ _

i\ r. Sleigh said the sheriffs had no desire to do more
than what they conceived to be their duty in vindicating
toe rights of the Corporation.

Af ttr some further discussion,

Mr. Reynolds sad, under ordinary circumstances the
property ut a felon was taktn possession of by the Crown,
but it was never retained when any persons made out a
good case for its restoration. In s•:ne instances it had
been restored to•the felon himself fur good conduct, and
also to this w►fe ; and the Treasury, in fact, always en-
deavoured to act aucordiug to the equ►ty of each case.
Mr. Baron Martin expressed his opinion that Fanny
Kay had an equitable right to the property, according
to toe request of Agar.

Mr. Eoukin said that on the part of the company be
had no interest except in that portion of the property
which was proved to be the produce of the robbery, but
he suggested that if the remainder were tq, be given to
the woman Kay, the interests of the child ought to be
taken care of, and that a proper settlement should be
ma ie fur that purpose.
Mr. Sleigh said that if Mr. Reynolds would take
charge or the property, and see that it was distributed
to the manner that had been suggested, he would at
once on the part of the siieriffi withdraw from making
.any further c.aitn.
Mr. Reyntdd, intianited that he was not anxious to
Uukieutalie the respotomility of distributin,; the property.
Sleigh said that ,urely the court wieuld not think
decent, or in accot dance vk ith the due administration
of ju,tice, that a imp sum of money like this should be
retained in the hates of a policeman, and that it would
be a much more de3urous proceeding for the property to
be placed in the hands of the sheriffs.
Mr. Bodkin said that he understood that the City
actually claimed tne money, and if the bonds went into
their po session they would set up their rights in this
reTec,, and the greater port.on of the property would
be wasted in
Mr. Sleigh said he was instructed that no such claim
as intended to be set up. The sheriffs only desired to
assert what they conceived to be their rights.
Mr. Baron Martin said the sheriffs appeared to have
acted very pr.:perly in the matter ; but he did not think
, they had made out their right to have the property
placed in their custody.
Soave further discussion then took place, and even.
Wally the judges made an order that the companyshould
have restored to them so much of the property as was
shown to be the result of the robbery, and that the re-
, rnainder should be given into the custody of Sir Richard
Mayne, the chief commissioner of police, to abide any
future orders that may be given respecting it.

FALL OF A RAILWAY-BRIDGE.—The traffic of the line
of railway between Coventry and Nuneaton (a branch
of the London and North-Western) was yesterday
morning about 9 o'clock for a time completely stopped
by the falling in of a viaduct at Cowden, a short die-

tance from Coven ry. The line from the latter city
coruntueicates direct from Leamington with Tamworth,
Derby, and the north. The bridge, which is of several
arches, is of stone, and carries over the rails a very im-
portant old turnpike road of the district ; but fortunately
at the time the accident occurred, owing to the absence
of traffic, not the slightest injury befel eitber the road
or railway travellers. A train had passed under the
bridge only a short time before, but, beside the damage
sustained by the railway company and the detention
of trains, no injury was sustained by anyindividuals.
.
Passengers to the North from Coventry were cod corm-
nveyed
beyond the dilapidated bridge by cennihuse, an
derable person al in,convefnierTi chees
ewnegrienetehres oonilythuen
Lploena:
sant results complained o
don and North-Western company were speedily on the
anl the line was as speedily as possible cleared of
spot,
the debris. The cause of the accident has not been clearly
ascertained.
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