The Sun.
London, England, 1850-01-03 00:00:00

EVENING JANt! A It Y 3,
1 0

U R 8 I) A Y

1.4,11 V IN
PPP, HOG:ITI hE COURI J 471. 2.

ThiF, was th,2 civet day after i\liehaeloias term.
Si... 1),,d500 presided ;23 surrogate, and di:Tosed
SE V:, ;Al pro form A Petitions

NSOLVISAT DEI3TORS" COURT, Jan. 2.
(Lefore Mr. Commissioner LAW.)
IN RE BENJAMIN WAND SHLPHARD.
This insolvent, a schuolthaster, petitioned under tl:e
Protection Act, and was not opposed.
The Learned COMMISSIONER, upon examining :he
schedule, discovered that the insolvent had accepted
an accommodation bill, which circumstance, he held,
deprived the Court of its power to name a day for
the final order, as it was a debt contracted without
reasonable expectations of payment.
Adjourned sine die, without protection.
IN RE THOMAS BOWER.
This insolvent, a gardener, was heard some weeks
since, when his application to be discharged was op-
posed by several creditors, upon the ground that he
had concealed property,
Mr. Commissioner Lew to day pronounced his
judgment, and ordered the insolvent to be discharged
at the expiration of seven calendar months from the
date of his vesting order.

POLICE INTELLIGENCE.
MANSION-HOUSE.
Frederick Foster, who stated himself to be an
artist and taker of likenesses by a new process, was
summoned before Alderman Humphery on Tuesday,
for having assaulted and used abusive language to-
wards Mr. F. E. Thorold, of Finsbury-square, medical
student.

Some days ago a gentleman who was about to go
into Lincolnshire by a railroad, was tempted by the
contents of a handbill, which promised to give
coloured sketches elegantly finished for Is. each, to
enter the premises of the defendant in Gracechurch-
street, and take a sitting. When, however, the like-
ness, as it was called, was ready the demand
made
for the painting by the new process,
the principal ingredient in which appeared to be some
element calculated to pervert the art altogether, was
10s.; and the original having refused to be "done"
out of the difference between that sum and the sum
announced in the handbill, the defendant forcibly de-
tained him in the " studio" until a compromise of 4s.
was effected. By that forcible detention the journey by
railroad was prevented, but the injured party being
obliged to leave town could not avail himself of an
application to the Lord Mayor, and therefore left the
matter in the hands of the complainant, with whom
he also left the " likeness" to be produced in judgment.
Mr. 1 horold said that, in consequence of the above
representation he went, accompanied by a friend, into
Gracee hurch-street, where one of the irresistible
handbills was given to him by a porter at the door.
He ascended the staircase, and was introduced to the
defendant and a Mr. Shade, who seemed to be the
operating artist, and was asked to look at a variety of
specimens of the skill of the establishment. Seated
behind a screen Mr. Shade commenced the process of
taking his likeness, and was engaged in it about ten
minutes, when witness said he bad to go into Fen-
church-street, and would expect that the finishing
stroke would be put to the likeness by the time he
should return. The defendant said that a deposit
must be left in his hands, and that he would not be
satisfied with less than half the amount of the charge,
which was 7s. 6'l. The demand was followed up by
corresponding action, the defendant having placed his
back against the door, and refused to allow the com-
plainant, who had offered to pay Is., to leave the
premises. Witne=s, however, with the aid of his
friend, got out of the place, having suffered in nothing
but dignity, which was in some measure offended by
the threat to be kicked down stairs. The conduct
described was of daily practice.
Alderman HUMPHERY—Did he obtain any money
from you ? Witness—No.
Alderman HUMPHERY—It was well for him that
he did not. Well, Mr. Foster what have you to say
to this charge ?
The defendant said it was quite impossible
to describe the deplorable condition to which
artists were reduced at the present moment.
It was true he issued handbills and used other means
of getting customers, but he denied that he had prac-
tised any deception, although put to much trouble
and expense by the ruffianly conduct of some visitors.
It was true he took likenesses for Is. each, but the
el As of minatures selected by the complainant re-
quired a more skilful hand than his, and accordingly
he employed Mr. Shade to take the face, which was
cheap at the price.—(A laugh.) It was not long
since four gentlemen had sat for their likenesses and
bolted without paying a farthing, and he was there-
fore obliged to require a deposit in every future case.
If the complainant had said he wished for a shilling
likeness he certainly should have been accommodated,
but nothing of the kind had been asked for, and as
for the charge of assault not the least movement had
taken place beyond the closing of the door.
Alderman HUMPHERY—You do not seem to be
aware that the act of forcibly detaining a person is an
assault.

Here the likeness of the gentleman who had been
compelled to pay the compromise before he left the
defendant's premises was exhibited. It excited much
laughter, being certainly inferior to what might be
expected, as Sir George Carroll remarked, from a
child seven years old.
The defendant admitted that he was sometimes at
fault in his likenesses, but then he willingly " tried
again," and, although complaints against him might
now and then break forth, they were not of a serious
nature.
Alderman liumriirair said, if the person who had
been obliged to go into the country were present
instead of the complainant, who, it appeared, bad not
given any money, in consequence of the misconduct
of the defendant, the complaint might have proved
very serious. It was quite evident the rooms had
been taken and touters had been employed for the
purpose of humbugging young men out of their
money. He advised the defendant to seek some more
creditable employment, and he alsa advised Mr.
Shade too, if that gentleman wished to keep out of
the shade altogether, never to get behind the defend-
ant's screen again to take likenesses upon the new
process, which meant 10s. instead of ls.—(Laughter.)
Mr. Shade said he was by mere accident on the
premises at the time, and he was not aware that either
assault or imposition had taken place.
Alderman lIUNIPHERT—Very well. Take care,
and do not be his " shade"
any more. If I hear
any more of this new process, and that you and he
are in the shade again together in carrying it on,
depend upon it some time shall pass before you again
see the light.—(Laughter.)

J ire wi!'e of John Alunden cf 89, fit%.e.t
t3uGU; s;.r.?et, said--LaA night I was going with
:Des-age for my hushrtni to Tottenhaut court road,
but did ri't know the way. The pri.,3oner sail
wr.mll,l show me tilt/ way to Bow street, Is he wal
going in that direction, but !Ind to call on a friend in
Fi,•e-street first. I went with him, and he ached me
to ga in. lie then took me through a small door
where we were perfectly in the dark, and put his feet
against me, threw me down, and thrust his fist into
my mouth, after which he attempted to effect his
purpose. I struggled, and screamed murder, and
eventually succeeded in getting away from him ; and
having obtained the assistance of the officer, gave him
into custody.
Alderman SIDNEY—Was there any light in the
room ? Mrs. Munden—There was a small fire, and
the only things there were a desk and some papers.
Alderman SIDNEY—Then you went willingly into
the house? Mrs. Munden—l did not. The prisoner
dragged me in up some steps.
Alderman SIDNEY—How many steps were you
dragged up? Mrs. Munden—Five or six, I cannot
tell which.

The officer explained that the house alluded to
was a lithographic printing-office, of which the pri-
soner was the foreman, and had the entire control of
the premises. The house, although numbered as 28,
Fleet-street, was up a court in the rear of the real
No. 28.

Mrs. Munden, on being cross-examined by the
prisoner, said, I met you in the Strand, and asked
you to show me the way to Bow-street, and thence to
Tottenham court-road. You told me you were going
that way. You dragged me up a few stairs, and
there were not two flights of sAps. I did not go
more than five steps. There was a small fire, and
when I went out you picked up a piece of paper and
lighted it. I never asked for any money.
The prisoner's defence was, that he understood the
complainant was a single woman, and because he
would not give her 55., which she wanted, she
brought the present charge against him.
Mr. Lockington, the prisoner's emp!oyer (who was
in court), in answer to questions put by the Alder-
man, said the premises in question were occupied by
him, and the prisoner had the control of them. The
room mentioned was an engraving workroom on the
first floor. There was a landing in the passage, and
then a flight of steps. The first would be about four
or five steps, and from the landing to the room about
fourteen or fifteen steps. The prisoner did not lodge
there, hut had the keys to lock up the place after the
men left, and open it early in the morning.
Alderman SIDNEY asked Mrs. Munden how long
she wai in the house ? Mrs. Munden thought it was
not more than five minutes. As soon as he opened
the door he pushed her in.

Alderman SIDNEY—Then you never walked up any
steps whatever ? Mrs. Munden—l did not.
The prisoner here said, the complainant wanted
him to give her five shillings, which he refused to do.
She then screamed out, and said she would give him
in charge; upon which he lighted a piece of paper,
and showed her the way out. independent of that,
he had witnesses to prove that Mrs. Munden went
willingly into the house with him.
Samuel Greaves, of No. 9, Little Queen-street,
lithographic printer, said that on Monday evening he
called with his wife at Mr. Lockington's, on business,
but found no one there. When coming out of the
court he met Jonas (the prisoner) and the complainant
coming towards the court laughing and talking toge-
ther; upon which he remarked to the former, " Is
that your young woman ?" He afterwards saw them
go to the door and enter.
Alderman SIDNEY —You have just called him
Jonas. Which is his real name, for he has given it
as Jones ? Prisoner—Jonas is my right name.
Mary Ann Greaves, wife to the last witness, corro-
borated her husband's evidence, and added that she
heard the complainant say, "Come along, my dear,"
at the same time laughing, and they both entered the
house together, and after staying there nearly a
quarter of an hour, and not seeing them come out,
witness left. She saw no resistance, and after they
had been in about ten minutes, she touched the door
and found it fastened. There was no screaming that
she heard.

Alderman SIDNEY inquired the trade or business of
the complainant's husband ? Mrs. Munden said that
he belonged to the theatrical profession, and she bad
been married to him between two and three years.
Alderman SIDNEY asked how long she had been in
London ? Mrs. Munden replied from eight to nine
months.

Alderman SIDNEY said he had paid great attention
to the evidence, both yesterday and to day, because
he felt it was involved in considerable doubt, and
therefore he was very happy to have the opinion of a
brother Alderman (Wilson) upon the facts. On the
one hand, there was the remarkable indiscretion of a
married woman answering the questions of a young
man or her own age, an entire stranger to her, telling
him where she was going, and then accompanying
him at least an eighth of a mile out of her way, in order
that he might afterwards go with her to show her the
way to Tottenham-court-road. This she had followed
up by entering a dark passage, which would
admit but one person at a time, and then, as she says,
she was pushed up a flight of five stairs, but, instead
of five, there were at least sixteen, for he (the Alder-
man) had viewed the premises from an opposite
house. He almost feared, therefore, that she was a
consenting party, and he could no longer view it, as
he was disposed to do the previous day, as a charge
of attempting to commit a criminal offence. The vio-
lence, therefore, he had offered was reduced to as as-
sault. With respect to the witnesses called by the
defendant to show the complainant was in the house
for a quarter of an hour, and that she was talking and
laughing with him, he did not give the least credit to
them. After all, he thought the prisoner's conduct
had been very bad, and he should, therefore, fine him
40s. for the assault, or one month's imprisonment.—
The fine was paid.
WORSHIP-STREET.

Mr. Hammill requests us to acknowledge his, re-
ceipt of letters enclosing the undermentioned contri-
butions for the relief of a young woman named Sarah
Jane Smith, who was charged at this court about a
week since with illegally pawning some goods the
property of her landlady. The unfortunate prisoner,
it then appeared, was the daughter of a licensed
victualler, who had been reduced to such distress,
with a large family to support, that she was compelled
to seek a subsistence by needlework, and maintained
herself for some time in comparative respectability;
but the work upon which she was engaged suddenly
declined, and after struggling on upon 3s. a week for
a number of weeks it ceased altogether, and she
was obliged, to pledge everything she possessed but
the clothes she was then dressed in while at the
bar. Her landlady pressed the case with much
severity against her, but the magistrate allowed
her a fortnight to make up the money for
which the landlady's goods had been pledged, and the
particulars of the case, which appeared in this paper
at the time, have excited so much commiseration that
the following subscriptions are the result: "J.W.,"
10s.; " L.G.," 10s.; "A. Poor Man," ls. 6d.;
it M. D.," 55.; "J. U.," 2/. ; "An Israelite," 21. ;
a gentleman, anonymous, 21. ; " 11. J.," 1/ ;"S. A. 8.,"
1/. ; "A. C. M., in postage stamps, 103. ; " A
Widow," 11.; "R..," 51.; "A. Des Vcaux," or "A.
de Vann," (the signature is not sufficiently legible to
decipher which,) 11. 155.; " A Lady at Islington,"
1/. 10s.; "L. 5.," in postage stamps, 1/. • "F.,"
103.; and a gentleman, anonymous, 21. The bene-
volent donors all requested an acknowledgment in the
papers, as did also the contributors of the following
donations for the relief of deserving persons having
claims upon the funds of the poor-box :—" E. P. 8.,"
Si.; the gentleman anonymous last referred to, a
3/.;
“1c,13.,' 1/. ; and from "J. C. D. 8., the half of
51. bank-note, the second moiety of which was pro-
mised to be forwarded on noticing the safe arrival of
the first.
LAMBETH.

Frederick James Darner Cape and Robert Pile,
who had been remanded on Thursday last on a
charge of fraud, in attempting to defraud the public
by falsely representing themselves as joint secretaries
to the committee for carrying out the design of his
Royal Highness Prince Albert, in the great exhibi-
tion of the works of art and industry, were again
placed at the bar for further examination before Mr.
Elliott.
Mr. Dilk, a member of the committee, was pre-
sent, with Mr. Ballantine, the barrister, and Mr.
Drew, of Parliament-street, solicitor, for the prose-
cution, and Mr. Wooler attended on behalf of the
prisoners.
Mr. Ballantine, addressing the magistrate, said it
was his intention to call the printer and one or two
other witnesses, and after that to ask for a further
remand for the attendance of a material witness who
was not present. The Learned Gentleman then called
Richard Binns, who said—l am manager of the
glass department of the Bazaar in Baker street,
Portman•square. I read in the Dublin Warder an
advertisement signed " Frederick Darner and Robert
Wallingsbrook," as joint secretaries of the Grand
Exhibition of Works of Art and Industry of all
Nations, and in consequence enclosed six penny
postage stamps to Mr. Darner, Treston-chambers,
South Lambeth, requesting a report, but had received
none or any answer to my communication.
Inspector Lund of the detective force was here
called, and produced the letter in question, which he
found at the prisoners' lodgings on the morning of the
28th of last month.

Mr. Henry Kempahead, a printer in Kennington-
lane, deposed as follows :—I am a printer, and carry
on business in Kennington-lane. The prisoner Pile
gave me an order on Tuesday, the 18th of December,
to print 500 copies from a manuscript, which he
produced, and desired me to send a proof to Mr.
Miller, No. 9, Melinda-place, South Lambeth. One
of my lid; took the proof A, direet,,i t Mr.
ana nezwLcri 1 and 2 o'clock on the iollowing day it
was brought back to me by the prisoner Cape. In

r2ply to the qu-stion4 of Mr. Bal'a.-itine, the witness
said he had sent in hitz bill vt:ith the SCO capi, of ch
cid +rs, an-1 r. quasted plpm.,nt, but di.3. not !;et p.id.
Kci;npshe;til said he tnanuscr'p' eai.y ho prelucd
azi'l which had heed lircuu,l-.t hiin the piit,oner,
:a that from which ha hal printA -he eiro;:!:.rs.
wilition to the adytu-ti-_e:nent, the eke:o-.1.76 contain, d
the following

" TO THE EDITOR OF --.

" Sir,—Wo will thcrllt you :o givo ic;scrtion to the
abovN advertisement in your current number, rind to for-
ward a paper in which the insertion appears, upon the
receipt of which we will forward you a Post-office order.
"Yours obediently,
"1?. DAMER and R. WALLINGSBROOK,
Hon. Secretaries."

Mr. Wooler—Pray, Mr. Kempshead, had you ever
seen either of the prisoners before ? Mr. Kempshead
—No, not to my knowledge ; but I can swear posi-
tively to Cape as the person who brought the proof of
the circular to my house.
Robert Cattle, a lad in the service of the last wit-
ness, deposed to having taken a proof copy of a cir-
cular printed by his master to No. 9, Melinda-place,
South Lambeth, addressed to Mr. Miller. He sew a
person there whom he understood to be Mr. Miller,
but did not see either of the prisoners there. The
prisoner Cape the witness identified as a person he
had seen speaking to his master at his house.
John East, a letter carrier in the General Post-
office, said that Treston-cottage, South Lambeth, was
in his district, and that for three or four days before
the prisoners had been apprehended he had, on an
average, delivered thirty letters a day at that cottage
Some of them were directed " Darner," some " Wel-
lingsbrook " some " Goodwin," and some " Wyatt."
Ile had also delivered a number of newspapers
directed to the same place, and mostly delivered the
letters to the two prisoners, particularly to Pile.
Mr. Wooler—Have you ever seen Cape there ?
Witness—No, I can't say that I have.
Mr. Matthew Digby Wyatt, secretary to the com-
mittee appointed to carry out the design of the Prince
Consort for the first Exhibition of Works of Art and
Industry of All Nations, in the year 1851, was next
sworn, and the evidence of that gentleman given on
the former day having been read over, he, in reply to
Mr. Ballantine, said that he had not authorised any
letters directed to him to be sent to 'Freston-chambers,
or cottage, nor had he authorised any one to receive
postage-stamps for the purpose of having reports sent
to them in exchange. There were no such persons as
Frederick Darner or Robert Wallingsbrook employed
by the committee as assistant-secretaries, nor did he
(Mr. Wyatt) himself know anything whatever of the
prisoners up to the time of their apprehension.
Mr. ELLIOTT here inquired if there was any person
in attendance who had forwarded postage stamps to
the prisoner, and was answered in the negative. He
(Mr. Elliott) said he had before him a letter from the
Mayor of Honiton, stating that having seen the ad-
vertisement in the Western Luminary newspaper, he
had forwarded a letter enclosing six postage stamps
to Messrs. Darner and Wallingabrook, Treston-
chambers, South Lambeth, and requested that a copy
of the report submitted to !Prince Albert, as stated
in the advertisement, might be forwarded to him, but
he received no answer. He (Mr. Elliott) had no
doubt, if it was supposed by the gentlemen who had
forwarded the stamps that their evidence was neces-
sary to assist the ends of justice, they would be quite
willing to come forward, and give their evidence.
Mr. Ballantine admitted that it would greatly assist
the ends of justice if those persons who had sent
postage stamps to the prisoners would communicate
with Messrs. Drew and Showell, Parliament.street,
the solicitors to the prosecution, and he hoped that
this fact vvould:go forth to the public.
The prisoners were then remanded until Monday
next, but, on the application of Mr. Wooler, who said
their friends were of the highest respectability, Mr.
Elliott consented to two sureties in 1001. each for
their appearance.