The Sun.
London, England, 1850-01-11 00:00:00

CENTRAL CRIMINAL COURT

NEW COURT.
(Before the RECORDER.)
John French, 28, labourer, was indicted for steal-
ing a mare, valued at 181., the property of Anthony
Morris.

Mr. Platt prosecuted, and from his statement it
appeared that the mare, which is the property of the
prosecutor, a draper, at Brentwood, was on the Ist of
December safe in a field at that place, and, being
missed, handbills were issued giving a desorption of it.
Nothing was seen of it until the 14th, wh'-n the pri-
soner was seen at a public-house near Edgoware with
a mare answering the description of the one lost.
The policeman who observed him, having his suspi-
cions aroused, referred to the handbills, and, being
convinced that it was the stolen mare, asked the pri-
soner about his possession of it, when he took tip-
mare and would have made off with it but was at
once taken into custody. lie then gave a tais,
address, and also made several statements about how
he got it, all of which proved to be untrue.
The prisoner's defence was that the mare had been
intrusted to him to sell.

The jury found hips Guilty, and he was ordered to
be transported for 10 years.

James Hughes, 48, victualler, and Daniel Rudd,
32, weaver, were indicted for stealing five sovereigns=,
the moneys of James Wetton, in his dwelling-house.
Mr. Utiglincr prosectverl.

The case was one of the ordinary public-house
robberies, and the facts were these : the prisoners,
and a third man, who escaped, went to the house of
prosecutor, the China ship, Hermitage-street, Wrap-
ping, at an early hour in the day, and hung about
the house playing at baptelle and drinking until an
opportunity offered to get into prosecutor's bed-ro,im,
where the cash-box was key. They were, hoy, evei.,
seen coming from the room, and prosecutor imme-
diately after finding that the money in question had
been abstracted from where he had put it, the three
men ‘,‘ ere stopped, and a scuffle ensued, during
which the third mall escaped, jumping through the
window.

Tidy were found Guilty, and transported for ten
years.
Jahn Read and _Henry Smith were convicted of
stealing two half-sovereigns, with violence, from the
person of Richard Bloe.
Mr. Payne prosecuted, and Mr. O'Brien and Me.
Prendergast defended.
The prisoners, it was proved, are both well-known
thieves, and the bullies to some of the low prostitutes
frequenting Goswell-street, and had met the prose-
cutor at a noted house, the resort of thieves, and
having made him drunk took him out under the pre-
text of seeing him home ; and on getting him into
I latfield-street, an unfrequented place, they knocked
him down and robbed him, and left him senseless.
They were both transported for fifteen years.
THIRD COURT.
(Before Mr. BULLOCK.)
William Ilaslam, 30, a labourer, was indicted for
stealing a quantity of tea, coffee, and other articles,
the property of the Eastern Counties Railway.
Mr. Ballantine prosecuted, and Mr. Ribton de-
fended.

The evidence went to prove that about the 27th of
last mouth a large parcel of grocery was made up by
Messrs. Rose, the teadealers in High-street, Shore-
ditch, to be sent to a Mrs. Tasker, a dealer at Peter-
borough. The parcel was packed into a chest, and
sent to the Eastern Counties Railway Company, to be
forwarded by them to Peterborough, but on search
being made at the Shoreditch station it was found that
the parcel had been taken away. An inquiry being
instituted, and every search made without avail, in-
formation was forwarded to the police, and
shortly afterwards the prisoner, who is
known to the police was met by Ser-
geant Teakle, and having a large parcel with him
the officer said he must search him, and the prisoner
then said, "I can give you two sovereigns." He was
then taken to the station-house, and the parcel was
found to contain a part of the missing property. The
prisoner said he had bought it at Rose's, which turned
out to be false.
The jury found him Guilty.
It was then proved that the prisoner, by the name
of Noble, had been convicted of burglary at Guildford
in 1847.

The prisoner, who is a most respectable-looking
man, said that since then he had been keeping a beer-

shop and living honestly.
Sergeant Teakle said he thought when the prisoner
took the beershop he meant to reform, but he had
watched him since his release from Guildford and
found he was carrying on a bad game.
Mr. BULLOCK sentenced the prisoner to be trans-
ported for seven years.
Mary Ann Alexander, a well-looking girl, was in-
dicted for concealing the birth of her female child on
the 17th of December last.
Mr. BODKIN prosecuted, and said that the prisoner
had been in the service of a gentleman named Mac-
donald, who, suspecting she had been delivered of a
child, questioned her, and search being made in the
house the body of a still-born infant was found under
some clothes. The Learned Counsel could not, be-
yond that fact, offer any evidence of concealment, and
there were no marks to lead to the inference that the
child had met its death unfairly.
The jury Acquitted the prisoner.

POLICE INTELLIGENCE.
LAMB ETH.

Mr. John Shaw, a hairdresser and picture-dealer,
residing at Kennington-crosa, and Mr. George Ma-
thews, a carver and gilder, carrying on business in
Regent-street, Lambeth, were finally examined before
Mr. Norton, on a charge of obtaining 20/. from Mr.
Paul Garbanati, carver and guilder, 92, Newman-
street, Oxford-street, by fraud and false pretences.
The evidence given on the former examination
having been read over by Mr. Gunn, the magistrate's
clerk,
Mr. Ballantine addressed Mr. Norton, and insisted -
that the case was clearly one of fraud, as Mr. Gar-
banati had parted with his money on the joint repre-
sentations of the prisoners that the painting was one
by Etty, and that it had been exhibited by the So-
ciety of Arts at their rooms in the Adelphi ; there
was, at all events, sufficient in the case to justify the
commitment of the prisoners for trial on a charge of
conspiracy
Mr. NORTON—There is one thing to be said with
respect to the conduct of the prisoner Mathews, and
that is, that he was the first to recommend Mr.
Garbanati to go to Mr. Weiss, the secretary to the
Etty Exhibition, to ascertain the genuineness of the
painting.
Mr. Ballantine—Yes, yes ; but that was after Mr.
Garbanati had paid the 20/. for it, and not before.
Up to that period not a word' of suspicion escaped
him as to the genuineness of the painting, and there-
fore I do not think him entitled to much consideration
on that score.
Mr. Garbanati was here called into the witness-box
and sworn, and in reply to the questions of Counsel
said, that he did not advance the money on the paint-
ing from his own judgment of its merits, but from the
•alue he had set upon it as an original of Etty, and
his feeling was confirmed in that opinion by its hav-
ing been exhibited by the Society of Arts. The 20/.
which he had paid the prisoner Shaw he had received,
with a half-sovereign in addition, from Mr. Smith,
who discounted his acceptance for 22/. 17s 6d.
The prisoner Mathews—That bill, I believe, was
drawn by me, and I got it discounted, did I not?
Mr. Garbanati—Yes.

Mathews—Pray, now, had we not arranged to
share whatever you got for the picture between us ?
Mr. Garbanati—Certainly not. I distinctly asked
you, when I took the painting away, and while we
were in a cab, what I should ask for the picture ; and
what I should sell it for ; and 1501. was agreed upon,
though you said 6001. had been offered for it. You
recollect you said you did not mind making any sa-
crifice so you had some money to go on with.
In reply to Mr. Games, Mr. Garbanati said, that
Mr. Smith, previous to his discounting the bill, called
at his house ; but he did not then represent that
Mathews, the drawer of the bill, was in his employ-
ment. He admitted, however, that he might have
made some misrepresentation with respect to the bill.
On being further examined by Mr. Ballantine,
witness said, that the prisoner had admitted to him
that about eight months ago he had some corres-
pondence with Mr. Weiss on the subject of the paint-
ing, and had learned at that time that it was only a
copy of Etty's " Storm," and not the original.
A servant in the employ of Mr. Garbanati repeated
that he was present at a conversation between his
master and Mr. Shaw, and heard the latter state twice
over that the painting was by Etty, and that it had
been exhibited by the Society of Arts. The witness
also swore to having heard Mathews tell his master
the same thing.

Mr. John Charles Barrett, a picture-dealer, carry-
ing on business at 369, Strand, said he recollected
the Etty Exhibition at the rooms of the Society of
Arts. Soon after, he thought on the Ist of Septem-
ber, a young man brought to his house, from a Mr.
Shaw, a large painting (the one now produced), and
requested that it might be left there. It was left, and
remained until the following Friday, when it was
taken away. The painting was tolerably good as a
copy, but lacked many of the points of the original.
In his (Mr. Barrett's) opinion it was not worth more
than from 101. to 151., and he begged to negative
the assertion of the prisoner Mathev. s on the former
examination that he (Mr. Barrett) bad offered 251.
for it. This, he assured the Bench, was not the fact.
Mr. Jonah Smith, a corn-chandler in Kennington-
lane, who had been called on behalf of the prisoners,
deposed that the week before last the prisoner
Mathews, of whom he had some previous knowledge,
brought him a bill of exchange, drawn by himself on
Mr. Garbanati, for 221. 17s. 6d., and represented that
Mr. Garbanati was executing a large order for a rich
West Indian, on which he (Mathews) was engaged,
bill
and thit money was required on the to purchase
gold to finish the gilding. He (Smith) called on
Mr. Garbanati in reference to the bill, and that person
represented that Mathews was engaged in executing
the order for the rich West Indian.
Mr. Ballantine—Well, Mr. Smith, what discount
did you charge on this little bill of 221. 17s. 6d. ?
Mr. Smith—l don't see what that has to do with the
matter.
Mr. Ballantine—Oh, yes, but it has ; how much
did you charge ? Mr. Smith—Well, I charged 30,,.
Mr. Ballantine-30s. on a bill for 22/. 17, 6d.
at one month's date! I should like to know from
you at what rate of percentage was that ? Mr. Smith—
Then you had better calculate.—(Laughter.)
Mr. Ballantine—Well, I think it amounts to
something like 90 per cant., or thereabouts • a hand-
some rate of interest that, Mr. Smith.—(Laughter )
The witness, in his further cross-examina,ion' ad-
mitted that he had call.-d .n the prisoner Shaw before
he had discounted it, but denied that tie prisoner had
said anything to him in reference to the purchase of
the picture.

NoitroN—Do I understand th.t all parties are
willing to abide my decision, not only criminally but

Mi., Games—Sir, on the part of Mr. Shaw We

very readily agree to it. I wish to state, however,
that there are at present in court gentlemen of the
highest respectability, prepared to give my client the
most unexceptionable character for the many years
they have known him. I have also present the auc-
tioneer who officiated at a sale of the painting in
question, who can prove the fact of his (Mr. Shaw)
giving 10 guineas for it.
Mr. aillantine—On the part of the prosecutor I
s'ate that nothing can be more fair than the manner
in which Mr. G.::mes has acted.
Mr. NowroN—Looking at all the circumstances of
the case, I thought in the first place, and still think
and hope, that this it:quiry will do a great deal of
good in this metropolis, because I know that there is
a system pr,,ctised o'se Ilia plintings by fdse repre-
sentation=, which ce.i.ainly brings the parties within
the laws of iraoti and con=piracy. I know that this
system is carried on to a very groat extent by those
parties withou' their having the slightest idea that
such conduct is coguimble in is criminal court. I
hope this y at all events, will entirely get rid
of that fise notion, nectin,e had it. not been f wher
trsosactions that took T.)! Ace, would have been
a clear case of coospiriicy. Unfortunately Mr. Gar-
hanati had, from a kindly f7eling f..,r Mathews, and
with the vit. w of getting back his money, lent him-
self to something like a misrepresentation to get the
money. Hui it not been for that untoward transac-
tion on his part, I certainly should have sent this case
for trial; and I have very little doubt that, if his
evidence had been peif,ctly correct, there would have
been a conviction. The worthy magistrate then
directed that the painting should he given back to
Shaw, and that th it person should return the 201. to
Smith, the bill discounter, whose charge of 90 per
cent' he could not approve of.
The parties pro and con. consented to this, and
thus the subject of the " Storm" ended.