The Sun.
London, England, 1850-01-24 00:00:00

Vtirb Inition

EXCHEQUER.—(THIS DAY.)
(Sittings in Banco.)
MOSELEY V. HOUGHTON.

This action was brought by Mr. Moseley, a dentist,
carrying on business in Berners-street, Oxford-street,
to recover fifty-two guineas, for two sets of artificial
teeth, supplied to an old lady, between sixty and
seventy years of age, who resided at Leamington ;
and it was tried at the last assizes, before Mr. Baron
Rolfe, when a verdict was found for the plaintiff.
Mr. HUMFEET now applied for a new trial, on
the ground of affidavits impugning a certain portion
of the evidence. The plaintiff, it appeared, was in
the habit of advertising in newspapers that he would
visit certain provincial towns for the purpose of
giving advice as a dentist, and supplying teeth, and
among them was Leamington, where he said he could
be consulted on particular days, at his residence in
Lower-parade. The defendant visited a person
whom she supposed to be Mr. Moseley and ordered
two sets of teeth, which were supplied to her,
but they did not fit her mouth, and finding
aid subseqnently that Mr. Mosely was represented by
an assistant, and only made his appearance in Leam-
ington once in three months to collect his accounts,
she refused to pay his bill. When Mrs. Houghton
returned home, after having a set placed in her mouth,
her daughter found that she could neither speak nor
eat ; and the only fact made out by Mr. Moseley was
that he made the teeth on the atmospheric prin-
ciple, which was perfectly true, for the atmosphere
appeared to have such an effect upon them that when
she attempted to speak the sound emitted from her
mouth more resembled a whistle than anything else.:
—(Laughter.) A cast was simply taken of her
mouth at Leamington, and the teeth were made in
London, and he called several dentists of eminence at
the trial to show that it was impossible by such a
summary mode to fit a mouth with the necessary ex-
act n ess.

yr. Baron RoLFE observed that one set was ordered
to be „made larger than the other.
Mr. lIUMFREY said the plaintiff wanted the second
set a little larger, in order to take the wriakles out
of .IScr face, and give it a fuller appearance.—
(Laughter.) He apprehended, from the nature of
the advertisements, that personal attendance was im-
plied ; for the services to be rendered were not of an
ordinary nature, which might be performed by an
agent or deputy, such for instance as selling hats, but
required :great skill and care. It could not be
said, if such eminent surgeons as Mr. Brodie, Mr.
wrence, or Mr. Cooper, were to intimate they
would receive patients on a 'particular day, that the
advice of an assistant could be considered as valuable
or as an equivalent in case they should not be them-
selves personally present.
The Court granted a rule.

T TERSA LL'S—T HIS EVENING
Six o'CLocx.

NORTHAMPTONSHIRE STAXES.
9 to 1 agst Harriott
10 to 1 apt Osterley
18 to 1 agst Velox
METROPOLITAN HANDICAP.
25 to 1 agst Snowstorm
30 to 1 agst Testator
30 to 1 agst Ellerslie
30 to 1 agst Retail
30 to 1 apt Ada Mary

CHESTER CUP.
20 to 1 agst Glauca
20 to 1 agst Miss Ann
20 to 1 agst Fugleman
25 to 1 agst Peep o'-Day Boy
25 to 1 agst Whim colt
33 to 1 agst Chantrey
33 to 1 agst The Flea
40 to 1 agst Roland;
100 to 1 agst Melody
DERBY.
8 to 1 egst Ghillie C:4llum
9 to 1 agst Bolingbroke
18 to 1 apt Voltigeur

INSTITUTION OF CIVIL ENGINEERS.
On TUesday (William Cubitt, E q., President, in
the chair) the paper read was, "On the Periodical
Alternations and Progressive Permanent Depression
of the Chalk Water Level under London," by the Rev.
J. C. Clutterbuck.
The author began by defining the chalk water level
to be, " the height to which the water rises at any
point or continuous series of points in the chalk, or
from the chalk in perforations, through the London
and plastic clays, above the chalk." The term
" artesioid" was used to describe those wells sunk
through the London and plastic clays, in which the
water rose fi.om the chalk, or the sands of the plastic
clay formation, above the level of those strata, though
it might not rise to, or overflow the surface of the
ground.

Reference was made to papers read before the in-
stitution in 1842 and 184:3, in which it was shown
that the chalk water level was described by an in-
clined line drawn from the highest level at which the
water accumulated in the chalk, to the lowest proxi-
mate or vent, or outfall ; a'general rule, which was
found to hold good, not only where the water was
-found by sinking into a permeable stratum, but where,
as in the London Basin, the water rose from a per-
meable stratum, through perforations in any imper-
meable stratum above it.
The example treated of in the paper was described
by a line inclining at an average of about thirteen
feet in a mile, from the outcrop of the London and
plastic clays to mean tide level in the Thames, below
London-bridge-.
The height to which water rose in the Paris Basin,
from the lower green sand, was adduced in confirma-
tion of that rule.
Before the Artesian well at Grenelle was bored, M.
Arago calculated that the water would rise above the
level of the soil at Paris, as it rose above that level at
Elbeuf, near Rouen.
The height at which the water was found in the
lower green sand, near Troyes, being one hundred
metres above Paris, and one hundred and thirty-one
metres above the sea, the author found that a line
drawn from that point, to the level of the sea at
Havre (where the green sand cropped out), passed
over Paris and Elbeuf at the-elevation to which the
water actually ruse in both places.
A calculation based on the same principle (taking
the level of the water in the lower green sand, at
Leighton Buzzard, at two hundred and eighty feet
above the sea), showed that if the chalk and gault
were bored through in London, the water from the
green sand would rise one hundred and fifty feet above
Trinity high water mark.
Passing from the natural, to the actual condition of
the cha.k water level, under London, there was a
general permanent, depression of from fifty feet to
sixty feet below Trinity high water mark.
Measurements of a well in London, in which the
level was seldom disturbed, showed periodical alterna-
tion, coincident with the exhaustion and replenish-
ment of the chalk stratum by natural causes, to the
amount of four feet six inches, and a permanent de-
pression of one foot six ine4bes per annum, or twelve
feet in eight years.
Again, referring to former calculations, it was
shown that the margin of this depression was extend-
ing in a greater ratio towards the north than to the
south, or S.E. Since 1843, the level was perma-
nently depressed at Hampstead-road ten feet ; Cam-
den Town, nineteen feet ; Kilburn, twenty feet ; and
Crieklewood, ten feet. The limit of the depression
being, in 1843, between the latter places.
Allusion was then made to the influx of water at
the point where the Thames passed over the outcrop of
the sands of the plastic clay formation, and the chalk,
as a point to be determined by geological inquiry,
and oonnected with observations as to the action of
the tides on the level, and the chemical quality of the
water, in that neighbourhood.
The general conclusion drawn from all these facts
was, L.-let the rapidity of exhaustion from Artesian
wells under London, greatly exceeded the rapidity of
supply; that the amount of defalcation was marked,
and could be measured by the extension of a progres-
sive permanent depression, proving that the supply of
water froin the chalk stratum became each year more
precarious, and less to be depended upon, even should
there be no addition to the Artesioid wells in and
around the metropolis.
In the discussion which ensued it was shown that
only such a supply of water percolated annually
through the chalk stratum as could be accounted fir
by the discharge from the rivers of the upper dis-
trict. The results yielded by Dalton's Rain Gauge,
as used by Mr. John Dickinson, were adduced in
proof of this position.
The chemical analysis of the water from wells
sunk into the chalk showed the probability of alnsh
n in-
flux of the tidal water of the Thames to
replenish
the vaccuum caused by the immense extent cfpuem
pump-
ing from the London welie.

Oa the other kind it was contended, that from the
great extent of surface whence the chalk derivi-cl its
supply, there might be such a surplus store of water as
would warrant any amount of pumping, for the do-
mestic supply fJr the metropolis.
The discussion was announced to be continued at
e.:4llf349a,eeting of Tuesday, January 29th, which would
bi hit/MY delvted to it.

•
• .•
.—A deputation of friends of Dr.
Aehillil Thai c f the Hon. A. Kinnaird, the Rev. g.
-13411419011 Lev. George Scott, and L. a J.
Tonna • dan interview with Lord Palmerston,
Ri tma('Por'" office, on Tuesday, when they placed
In his 1/rtrell4ib's hand the copy of the memorial which
thel litjttal addressed to the French Government,

THE

FEMALE EMIGRATION.
(From the Chronicle.)
We elsewhere lay before our readers a document
which will be perused with earnest attention by all
who interest themselves in Mr. Sidney Herbert's
plan of Female Emigration. It is the Report of the
Sub-Committee appointed to consider " the most
advisable mode of ensuring to female emigrants a
proper reception on reaching the ports of their desti-
nation in our colonies." But it embraces various
other topics of primary importance, connected with
the management of this benevolent enterprise ; and,
as it has 'been received and adopted by the General
Committee, we may regard it as presenting an epi-
tomised summary of the principles on which the
undertaking is to be conducted.
The leading points of this report may be briefly
stated. First, as regards the proper selection of emi-
grants it is proposed (inter alia) that candidates
should not exceed thirty-five years of age—that they
should be " entirely free from any mental or bodily
defect likely to impair their usefulness as settlers"—
and that "their characters for industry and morality
should be satisfactory." Next, it is recommended,
with a view to the effectual protection of the emi-
grants during their transit to the colonies, that they
should be sent out on board Government emigration
ships, in the event of the Colonial Land and Erni-
gration Commissioners being satisfied that the charac-
ter of the emigration is such as to entitle it to their
sanction; otherwise,!that they should go out "in small
parties, on board free emigrant ships, with a view of
securing to them that protection which the presence of
married couples and families interested in the mainte-
nance of order and decency would, to a certain degree,
afford." And it is further suggested that, in the
latter case, the emigrants should be placed, during
the passage, under the charge of matrons, to be
selected for the purpose, and that the utmost caution
should be used in ascertaining the characters of the
officers of the ships." With regard to the third head
—namely, the aid and protection to be ensured to the
emigrants on landing—we are informed that, by an
arrangement with the Colonial Land and Emigration
Commissioners, they will, on reaching the colonies,
"be received by Government officers, who will be
instructed to give them all the assistance and
advice they may require, as to the rate of wages,
the .places where employment may be most readily
obtained, and other similar points." In other
respects, likewise, it will be seen that substantial
temporary aid will be afforded to the emigrants
during the interval that may elapse before- they are
provided with employment. Under the fourth head
of the Report, which relates to the costs of outfit and
passage, some interesting particulars will be found,
which will still further show the solicitude of the
Committee, both to place the character of the emi-
gration beyond the reach of doubt or cavil, and to
improve to the uttermost the pecuniary means en-
trusted to their disposal.
The most cursory reader of this document cannot
fail to be deeply impressed with the painstaking
anxiety which the•Cornmittee evince, to exercise, in
all respects, a wise and prudent stewardship over the
funds confided to them, and to preserve this great and
noble work of benevolence free from any admixture of
evil or any risk of failure. Those who have the best
means of information as to the state of feeling in the
colonies are strongly of opinion, that it is all-essential
to the success of the undertaking to choose only
emigrants whose moral character and industrial
capabilities will bear the fullest scrutiny ; and
that, if there were any feature in the scheme calcu-
lated to awaken suspicion on the part of the colonial
public as to the characters of those sent out, the
leading aim of the plan would be most seriously
marred. Both as regards the future welfare of the
emigrants themselves and the general interests of
emigration, it is matter of primary necessity to send
out (especially at first) none but those who will be
acceptable to the colonies, and whose moral and
industrial qualifications are such as to insure their
success. In a word, the principle on which the
Committee have proceeded is, that the unexception-
able quality of the intended emigration is a matter of
capital moment, not only with reference to the sen-
tinkents and feelings of the colonies themselves, but
as regards likewise the permanent interest which the
mother country has in seeing colonial society con-
stituted on a sound moral and material basis.
The stress which the Committee lay on this and
similar topics in their Report ought completely to
remove any lingering scruples on the part of those
who have hitherto hesitated to support the under-
taking, through an apprehension that they might
be indirectly contributing to weaken the motives
to virtuous conduct, by assisting destitute persons
of equivocal repute. It is at all events impossible
to allege now, that a subscription to the Female
Emigration Fund can in any way have the effect of,
impairing the prudential sanctions of virtue, by
placing some who have yielded to temptation in a
better position than others who have withstood it. It
is put beyond all doubt by this report that every shil-
ling of the fund will be expended in promoting the
welfare of the most meritorious class of the distressed
—in removing from the sphere of vicious and
degrading influences those who have not fallen
victims to them—and thus in practically teaching
the poor the inestimable value of a good character.
We earnestly commend this consideration to the
minds if those benevolent and conscientious person.-
whuse generous sympathies with the object of the en-
terprise may have been checked by ethical scruples.
The relief of destitution will, in this instance, ope-
rate as a direct encouragement to virtuous principles
and habits ; and the larger and more numerous the
emigration, the more conspicuous will be the moral
lesson.
On all our readers we would once more emphati-
cally urge the claims of this admirable charity.
Looking at the studious precautions adopted with
reference to the selection of recipients, their prepara-
tion for their new destination, and the aid and pro-
tection to be afforded them during their passage and
on their arrival ; and looking at the social wants
of our colonies, and at the incalculable importance
of rendering them attractive outlets for our vast,
increasing, and adventurous population—we cannot
hesitate in saying, that never did a charitable under-
taking come before the British public with more
numerous and more powerful titles to energetic and
munificent support—never had the contributors to a
scheme of beneficence ampler reason for assuring
themselves that they are doing real, permanent, and
unalloyed good.

THE LATE EBENEZER ELLIOTT.
There is just issued (by C. Fox, Paternoster-row)
the first of two volumes, entitled " More Verse and
Prose, by the Corn-law Rhymer." The following is
its preface :
" The Elgin marbles are representations] of the
processions, and battles (the everyday occurrences,
and common-place) of old Greece; and the Elgin
marbles are poetry in tho highest.
"In England, railway meetings and speeches are
everyday occurrences ; and the evil doings in railways
constitute a drama of horrors, compared with some of
the actors in which, Rush (the wretch who paid him-
self in blood fa- unexhausted improvements) was a
stainless angel has not that drama its poetry ?
Perhaps a hundred millions have been wasted in un-
wanted railways ! I did my best to prevent that
waste; and though I cannot know that any of my
writings or sayings will live, I desire that my chil-
dren and theirs shall know (through them) that I did
my duty while others were supine.
" To be summoned on a jury is an everyday occur-
rence in England ; but if I bad never been summoned
on a jury, I should not have known that there is a
class of men in England, whose capital (worth at
least two thousand millions) may be said to be in a
state of outlawry, left, without any legal protection, to
the mercy of another class, who may appropriate, and
with perfect impunity proceed to devour it at any mo-
ment ; for the customary law, called custom of the
country,' established by tenants as their sole reliance,
is not binding on landlords. Say not that this state of
things has not its poetry I
" Bets, Bubbles, and Banking' are everyday mat-
ters in England ; but such things have furnished the
means for carrying on, in my time, wars which have
cost the lives of ten millions of men ; in the infinite
horror of which, Trafalgar and Waterloo were but
trifling though splendid incidents ! Now, to conse-
crate in the poetry of sculpture this tremendous com-
monplace, a Phidias only is wanted. In due time,
that Phidias will be found ; and then, our days of de-
gradation will have their Parthenon.
" In the meantime I claim to have been a pioneer
of the greatest, the most beneficial, the only crimeless
Revolution which man has yet seen. I also claim to
be the poet of that Revolution—the Bard of Free-
trade, and through the prosperity, wisdom, and lov-
ing-kindness which yree-trade will ultimately bring,
the Bard of Universal Peace. I know not that my
claims will be conceded ; the world will lose nothing
if it be not conceded, nor will I complain, but neither
will 1 hate a jot of my right; for self-sacrifice in
concession to wrong has ever been the root of worst
humiliation—and tyrants come of slaves.
" It is remarkable that Free-trade has been carried
by the middle classes, not only without the assistance
of the w orkinge classes, but in spite of their opposi-
tion. When I became a Free-trade agitator in 1824
I could nut find ono respectable shopkeeper who
thought the corn-laws an evil. The merchants, to
a man, thought them beneficial-. Exactly in propor-
tion to the plunder-power exercised on his fortunes
by the aristocracy, did the would-be squire idolise his
destroyers ; and I had discussed the question ten years
in all ways—by speech and writing, in prose and
verse—before I made my first Sheffield convert of the
mercantile class, William Ibbotson, Esq., of Globe
Works. Did I not think I bad done a feat ? Yes, I
felt it through my heart's core. But then came
Feargus, and his blarney ' • trades-unionism, fierce in
its imitative glory • and chartism, with its stone-blind
selfishness; 411 fighting for the enemy 1 Wiseheitd,

SON, LONDON, THURSDAY

at last, was born of Empty-Pocket, in a respectable
neighbourhood; and from that moment monopoly
began to tremble. " EBENEZER ELLIOTT.
" Margate-hill, near Barnsley, Oct. 17,1849."

RAILWAY SHARE MARKETS,
BRISTOL, JAN. 23.
STOCK EXCHANGE.—The market was again firm to-day,
and a good business has been done, but the only alterations
in prices were—Great Western, Quarters, 16541—Ditto, 171.
Shares, 5% dis.

EVENING, JANUARY 24, 1850.

cheque for 2001. in part liquidation for this claim.
The security held by the Commercial Bank realised
after deducting expenses, 3,2001, their claim being
4,290/. That was without reference to other accounts
and bills overdue. Thomas Webb had been lent 1501.
on his promissory note, and other sums, making a
total of 2861.. for which Gibson said he held sufficient
security. Money had also been advanced to one James
Smith. Webb was a client of Gibson's, and man
he (Sturt) would not trust with a shilling. Webb
and Smith were particular friends of Gibson, and
Smith was one of the assignees.
Mr. Gibson was •to. day examined at considerable
length, and deposed that at the death of his father in
1840, he reeeive'l upwards of 8,0001., and had also
received 2,750/. from his wif.. The total amount of
property at one time in his possession was 14,1501.,
and after deducting all liabilities he had a net balance
of 9,824/. The property with the Commercial Bank
cost 6,6661., and had realised 3,600/. Sturt had
come to him, at his office, several times upon the sub-
ject of the bankrupt. and Mr. Cuttwell, the manager
of the Commercial Bank, had been spoken to also.
Paid 1,2001 into Mr. Sturt's hand on the morning
of the 17th of February, 1844. He was told that
Sturt was a person to he trusted. Terms were made
between witness and Sturt on the road from the
Commercial Bank, that salaries were to be according
to profits, and he (Sturt) was to furnish a balance-
sheet, showing profit end loss every three months,
and at the end of the year, if the result was not satis-
factory, he should stop. Had made repeated appli-
cations since March, 1846, for a balance sheet, but
had not got one. Had often asked Mr. Sturt as to
whether the bank was paying, and his answer was in
the affirmative. It had been stated by Mr. Sturt that
money had been drawn from the bank over which he
had no control. He (Sturt) had been engaged in
litigation respecting an action of libel, and witness
told him that unless he gave it up the bank would
give them up. The letter on which the libel was
founded was not written by Mr. Gibson. The result
of that action was—damages, 1001., the costs being
upwards of 5001. He had nothing to do with those
proceedings. Money had been drawn out of the
Commercial Bank after office hours, and after notice
to the contrary was given. Another action of
trespass was brought against Mr. Sturt, and the
result was nominal damages of 1001. and costs 2001.,
which was paid out of the joint assets. The aggre-
gate amount of joint assets drawn out of the bank
by Sturt must be about 2,0001. for the purpose of
litigation. In an account furnished to Gibson's
brother, these costs were put down as assets. The
firm had no right to pay these costs, which affected
the stability of the bank, and the bankrupt (Sturt)
upon being spoken to on the subject, said that it was
nothing to witness. He was determined to close the
bank after an intimation from his brother. He then
gave notice to Sturt that he intended to dissolve the
partnership ; that was in November, 1847. Upon
the insertion of the notice of dissolution in the
London Gazette, he determined to call the creditors
together. The bank stopped on the 3d of December.
When witness asked for the books to put them in the
hands of an accountant, so as to satisfy his brother
and the creditors, Sturt replied, " If you do that my
character as a hanker is gone for ever." After this
he (Gibson) said that if he (Sturt) would give an
account of the affairs of the bank, his brother and
friends would wind the concern up and pay the credi-
tors in full. An unsuccessful application for
the ledger had been made. What cash there
was in the bank had not been handed over.
Subsequently he obtained possession of the
books, but he and hi; brother, a first-rate
accouatant, could not arrive at the state of affairs of
the bank, owing to the state in which the books had
been kept. The deficiency of the bank, as shown by
the account produced, was about 2,000/. The account
prepared by Mr. Begbie showed the liabilities of the
bank prior to a meeting of creditors to be 23,0001.,
the assets being 18,0001.; thus leaving a balance of
5,0001. When the creditors assembled it had reduced
to 2,0001., but how it had so reduced he (witness)
could not tell. His property (valued at 6,0000 and
good debts were not inserted in the statement put be-
fore the creditors. He had offered to charge his
property to the extent of the deficiency of the bank
upon the supposition that it was between 2,0001. and
3,000/. The property had been sold by Mr. Pain,
and realised about half the valuation. It was valued
at 6,0001. It was mentioned at that meeting that
there was a sum of money owing to the Com-
mercial Bank. He paid all the notes of the
St. Alban's Bank which were then in circulation ;
had paid other moneys on the part of the bank,
amounting in the whole to about 1,800/. This'was
in pursuance cf a resolution made at the meeting of
creditors. He raised the 1,8001. by a mortgage of
his life interest and other property. Afterwards he
gave notice to leave his house, parted with his car-
riage and horses and servants. Had not drawn any-
thing from the bank since the stoppage. His average
expenses down to 1847 never exceeded 8001. a year.
While his income was 2,6201. his expenses were
1,2471. Ever since the year 1837, after payment of
all expenses, he invariably had a balance of from
100/. to 2001. The amount of deposits in the bank at
the time of the stoppage did not exceed 3,0001. Of
the 4,0001. drawn out of the firm, 2,000/. was for or-
dinary purposes. Some of his clients were customers
of the bank. Upon thanking Mr. Freeman for sign-
ing a resolution, he said that I was honest, being an
honest man ; but as to Sturt, nobody gave him a good
name. Witness was very sorry to make these remarks.
Freeman brought an action, and he defended it, think-
ing it very hard that he should get all his property, and
thereby have a preference over other creditors. Had
made no terms with Freeman, and he had since ex-
pressed his sorrow at having brought the action. He
(Gibson) denied having said about the time of the
bank stopping that they must take care of them-
selves, the same as other people did. Had paid all the
notes in circulation; but one had since been
threatened to be put in by Mr. Sturt.
By Mr. BAGLEY—Had put down everything he
received and paid from year to year. Did not know
that Sturt was a man without capital ; but, as he was
living very respectably, believed him to be a man of
2001. or 300/. a year. Commenced the bank on
Sturt's statement. Did not ask Sturt if he had any
property, but joined him from charitable motives.
Kept a private pass-book of the bank. Had it made
up once a year. At the end of the year 1844 should
say it was made up. Knew that the Commercial
Bank were creditors, and during four years he had.
paid into the St. Alban's Bank three sums of 1,500/.,
1,000/., and 500/. respectively. That was the capital
on which the firm started, but it never had been
said that it was treated as a cash advanced from
him (Gibson), and from which he was to draw. He
told Miss Markham, who put 1001. into the bank,
jokingly, that in the event of the bank stopping he
would give her a hint. On the 2d December, 1848,
the writ was served on him in Baymant's case.
Did not recollect Mr. George, the plaintiff's attor-
ney, offering to countermand the proceedings if he
(Gibson) would give a cognovit of the admission of
the debt.

Mr. LINKLATER here said that he wished to cave
the time of the Court, by stating that he should have
to go very fully into the examination of Mr. Gibson,
and he had to ask that the meeting be adjourned, it
being now half-past four o'clock.
Mr. Gibson said it would be of great inconvenience
to him, if such a course were adopted.
Mr. LINKLATER—And there is not a farthing for
the creditors.

Mr. LAWRENCE thought this an ungracious remark.
It was then arranged that the hearing of the case
be adjourned till Monday next.

MIDDLESEX SESSIONS, Jan. 23.
(Before Mr. Sergeant ADAMS, Assistant-Judge, and

a Bench of Magistrates.)
John Thomas Simpson Jones, a respectably dressed
man, aged 3e, who was stated to be one of the most
notorious begging-letter impostors in England, was
indicted for having obtained, by false pretences, two
halves of a 61. Bank of England note, and also the
further sum of 31., from Mr. J. Collinridge, a gen-
tleman of fortune residing at Sunbury in the county
of Middlesex.
Mr. Phinn and Mr. Lempriere conducted the case
for the prosecution, and Mr. Prendergast appeared for
the defendant.

Mr. PRENDERGAST said he had to apply to the
Court for tha postponement of this case upon the
ground that the defendant was prepared to plead
autrefois acquit. To enable the defendant, however,
to do so, it would be requisite to obtain the record of
the former trial of the defendant upon the same
charge. The trial having taken place at Bath, as yet
he was instructed that the lefendant had not sufficient
time to procure the record.
Some discussion having arisen upon this applica-
tion, and it appearing that the defendant had been
committed on the 9th inst.,

The Learned JUDGE held that he had had ample
time to send for the record, and directed that the trial
should at once proceed.

The defendant was thereupon arraigned, when he
pleaded autrefois acquit, but as he was unable to pro-
duce the 'word of the previous trial, and as he was
not prepared to put in that plea in writing, and also
refused to advance any other plea,
The Learned JUDGE desired that the plea of " Not
Guilty" should be entered.
James Brewer said—l am now a prisoner in the
gaol of Bath under a conviction for having obtained
money under false pretences, or rather through the
means of "begging letters." I have known the de-
fondant about three years. In last July we both
lived in lodgings at 21, Lillington-street, Vauxhall—
road, where, upon a particular occasion, I showed
the defendant a letter which the present prosecutor
had given me, by which I was to obtain medical
treatment at the dispensary in Bath. The defendant
at once took down the prosecutor's address, and soon
afterwards he wrote a letter to that gentleman, which
be gave me to take down to Gravesend for the pur-
pose cf putting
.it into the post-chits /14 tbAt