The Sun.
London, England, 1844-03-27 00:00:00

BARRETT.

This case came before their Lordships upon a writ of
error from the Court of Exchequer Chamber, affirming
upon a writ of error there a judgment given in favour of
the defendant, in error, by the Court of Common Pleas
upon an action for money for the carriage of coal along
certain parts of the line of the railway from Stockton-
upon-Tees.
The arguments occupied their Lordships the whole
day, and the House postponed its judgment in conse-
quence of the absence of the Lord Chancellor, who, it
was understood, was obliged to attend a Cabinet Council.

SHERIFFS' COURT, March 26.
BROWNING V. WARRINGTON.
This was an action brought by the plaintiff, a doctor, to
recover from the defendant, a medical lamp manufacturer,
the sum of 131. 15s. 6d. for medicines and professional advice,
to which the defendant urged, as a set-off, the value of an ex-
pensive lamp, supplied to the defendant's son, to the amount
of 2/. 2s. 6d., thus reducing the amount to 11/. 13s. ; and the
jury, believing the lamp, with alterations which had been
made in it, to be of that value, they gave a verdict for the
defendant.

ASSIZE INTELLIGENCE.
HOME CIRCUIT, Kingston, March 26.
The Commission for the county of Surrey was opened
on Monday. There was no Winter Assize in this
county, and the criminal business is, therefore, rather
heavy ; there being forty prisoners for trial. On the
Civil Sde, seventy causes are entered, five of which are
to be disposed of by special juries.
Both Courts were opened this morning for the dis-
patch of business.' The Lord Chief Justice presiding on
the Civil Side, and Mr. Baron Alderson in the Crown
Court.

CROWN COURT.
The grand jury having been sworn,
Mr. Baron ALDERSON proceeded to address them,
and he observed that there were only one or two cases
on the calendar that would require any observations to
be made by the Court respecting them. The first he
would allude to was, a charge which they must all ap-
proach with the utmost anxiety, in which a
person was charged with murder, and it appeared
that the offence, whether amounting to murder
or not, arosa out of a struggle with per-
sons employed for the preservation of game. He had
always felt it to be his duty in every case where persons
were accused of attacking or resisting gamekeepers, to
make a very broad line between resistance to lawful
authority and a mere act of poaching, and he should feel
that he had not done his duty if he did not draw a
great line between such cases, and that the blood of those
who fell in such conflicts would, to a great extent, be
upon his head if he did not punish with the full severity
of the law persons who were clearly convicted of re-
sistance to lawful authority in such cases. In the pre-
sent instance the question for the jury to consider was,
whether the deceased met his death through the resistance
of the party accused to the lawful authority which he
exercised, and no matter what might have been the
character of the struggle which took place, if the
jury believed that the prisoner caused the death
in resisting the lawful acts of the game-
keeper, the offence would amount to murder.
If, however, it should appear that the deceased had ex-
ceeded his authority, or that he had used threats towards
the prisoner, which the law would not justify, in that
case the • offence would not amount to murder. His
Lordship observed that it appeared by the depositions
that certain threats bad been made use of, and he said
that it was not competent for persons, in the situation of
game-keepers, to make threats of violence, and to kill
persons whom they might consider guilty of an 'offence ;
but if it should appear that these expressions were
morqly made use of during the struggle, he was of opi-
nion that the offence would still amount to murder.
His Lordship then said he regretted to see by the calen-
der that a charge of a most disgusting character was at-
tributed to certain inmates of an establishment, where,
above all others, he thought good order ought to be kept,
viz., a union workhouse ; but he felt compelled to say
that, in the present instance, it had been the scene of
the grossest profligacy. Whether this arose from any
error in the management of the establishment, of course
he was unable to say, but ho could only express his re-
gret at the result, and he trusted that if any of the gen-
tlemen whom he was addressing were resident in, or
conected with the district in question, that they would
do all that laid in their power to prevent such disgraceful
proceedings in future.
James Gadsden, 21, a young man of respectable appear.
ante, and described in the calendar as a builder, was in-
dicted for stealing a mare, chaise, and harness, the pro-
perty of Thomas May.
Mr. Charnock conducted the prosecution.
It appeared from the evidence that the prosecutor is a
livery-stable keeper, in the Southwark-bridge-road, and
in the beginning of the month of February the prisoner
went to the stable of the prosecutor, and represent.
ing himself to be Mr. North, a builder in the
Cornwall-road, hired the mare, chaise, and har-
ness, for the purpose, as he said, of going to
Greenwich. He did not return that night, but the
next day he went again to the prosecutor, and
said that the bad weather had prevented him from
coming home as he promised, and he then produced
some plans which, he said, referred to buildings he had
in progress in the Kent-road, and that he wished to hire
the horse and chaise for a month. The prosecutor told
him he would not let it to him unless he gave him some
references, and he then went away, promising to bring
the horse home at seven o'clock the same night. In-
quiries were then made, and it was ascertained that his
story was false from beginning to end; and it was at
length discovered that the horse and chaise had been
placed in pawn with Mr. Jones, an auctioneer, in Leices-
ter-street, who had advanced the prisoner 121. upon it;
and it appeared that he gave Mr. Jones a document,
whereby he empowered him to sell all the property, un-
less the money was returned to him by a certain day.
The prisoner in his defence declared that it was a
bona fide transaction, and that he wanted to have the
horse for a month for the purposes of his business.
Mr. Baron ALDERSON said; the only question for the
jury was, whether the prisoner really intended to have
the horse and chaise and return it, or whether the
hiring was merely a device to get it into his possession
in order that he might afterwards convert it to his
own use.

The jury returned a verdict of Guilty.
Henry Stevens, 22, and Henry Grenville, 19, were
charged with a burglary in the dwelling-house of
Thomas Mickalls, and stealing some silver spoons, and
articles of wearing apparel, his property.
Mr. Banbury prosecuted, and Mr. Ballantine appeared
for the prisoners.
It appeared from the evidence, that the prosecutor is
a watchmaker at Reigate, and on the night of the rob-
bery, he went to bed about eleven o'clock, having previ-
ously ascertained that all the doors were properly secured.
He was awoke in the night by hearing a noise in the house,
and he went down stairs, but finding the street-door
safe, he again went up to bed. In a short time he saw
a light shine up the staircase, and heard the footsteps
of men on the stairs, but upon his calling out " Who's
there ?" the light was extinguished, and he heard the
men make off. On going down stairs he found the
lower part of the house had been ransacked, and a good
appeared that the
part of a centre-
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immediately, and
proceeded, in company with a constable, named
Wickman, in pursuit of the thieves. Upon ar-
Hying at the Black Horse, on Reigate-hill, they
came up with the prisoners, one of whom was
without a hat, and had a black silk-handkerchief tied
round his head, and also carrying a bundle. Upon the
constable and the prosecutor coming up both prisoners
darted off, at the same time throwing down a bundle,
which was found to contain a coat that had been stolen
from the prosecutor's house. They were pursued, and
both of them eventually secured, one of them in a wood,
lying upon his face. When before the Magistrates at
Reigate one of the prisoners said he knew nothing
about the robbery ; and the other said that as they
were walking along the road they met two strange men,
one of whom borrowed a hat of him, and gave him the
property, which turned out to be stolen, in exchange.
The jury found both prisoners Guilty.

POLICE INTELLIGENCE.
(YESTERDAY. )
GUILDHALL.

John Jones, anothernereber of the swell mob, who com-
mitted, during the past week, so many daring depredations
on the property of passengers in the crowded thoroughfares
of the City, was brought before Alderman Hughes, charged
with assisting to pick the pocket of Henry Chapman, a clerk
to a wine merchant in Little Tower.street.
William Wittingham stated that about half-past two'
o'clock yesterday afternoon, whilst casually passing through_
Fleet-street, he saw the prisoner, in company with four
others of the swell mob, and, thinking that they
were about to commit a robbery, he watched them nal,
rowly, and he distinctly saw one of them walk up to a
gentleman, and, taking hold of • his coat-tail, take out with
his left hand a pocket-book, which was passed on to two
others of the fraternity, who stood by, and afterwards to the
prisoner, who put it into his breast pocket, and walked away.
Witness followed the prisoner to the corner of Farringdon..
street, and on taking hold of him he threw the pocket-book
down.

Mr. J. Phillips, who was in company with the fret witness,
corroborated his statement.
Mr. Henry Chapman proved the pocket-book to be his,
and the prisoner, who made a very lame defence, wag corn.
mitted to take his trial.

UNION-HALL.
James Hurley, belonging to a very daring gang of•thieves,
infesting the south-side of the river, and who has been
already tried and convicted of felony, was charged with rob-
bing a sailor on the preceeding night.
Isaac James, a sailor, stated that he came ashore last night,
and on leaving a public-house in Tooley-street he was 'at-
tacked by the prisoner and three other men at the top of
Vine-yard. They pinioned him, and while he was held in
that position by three of his assailants, the prisoner rifled his
pockets of all that he had in them, and then they ran away,
and escaped in the intricacies of that part of the town.
Complainant, however, had an opportunity of identifying his
assailants by the light of the gas-lamp, and soon afterwards
the prisoner was taken into custody.
It having been stated that the prisoner was tried and con-
victed at the Central Criminal Court, the Magistrate com-
mitted him for trial.

CLERKENTVELL.
Charles .Jackson, a powerfully built man, dressed in " seedy"
black garments, was charged with the following oonduct :
Police-constable Roberts, 101 E, being on duty in Bruns•
wick-square on the previous night, was addressed by two
gentlemen, who told him that the prisoner had been follow-
ing them about everywhere, for half an hour previously;
they begged of the policeman to prevent his progress. The
gentlemen had no sooner left the officer, than the prisoner
came up to him, said he was an officer of the E division him-
self, and had been sent out to watch those on duty. The
officer adyised him to go away, but ho followed the officer ill

the same way as he had followed the gentlemen, and conti-,
ined to do so for a quarter of an hour. He attempted to
evade him, by turning down narrow lanes and dark court--
ways, but all in vain. The hideous creation of Frankenstein
never followed his maker more closely. Remonstrance and
threats being alike useless, the officer removed him to the
station-house.

Mr. COMBE asked the prisoner to accountfor his conduct?
The prisoner, who seemed heartily sorry for his conduct,
said he had been drinking rather freely with some friends on
the previous night, and the liquor had the extraordinary
effect above described on his imagination.
The worthy Magistrate discharged him.
MARLBOROUGH-STREET.
Very considerable excitement was caused in the immediate
neighbourhood of this Court, and a vast crowd of persons
assembled in front of the office, in consequence of its being
known that the examination of a set of gamblers would take
place. It appears that the capture of them was not effected
without much tact and stratagem. Mr. Superintendent
Baker of the C division, accompanied by a strong body of
the police, proceeded last evening between eight and nine
o'clock, and, in pursuance of an order from the Commis-
sinners, effected an entrance into the house No. 16, the corner
of Leicester-place and Leicester-square, where, after much
difficulty and confusion, they succeeded iu taking into cus-
tody twenty-eight persons, amongst them the owner of the
premises, and three persons aiding and assisting him in the
conducting and management of the house. They also seized the
bank, amounting to abeut 11/., a roulette table, hazard ditto,
535 bone counters, seven money rakes, three bank boxes,
and various other gambling implements. The house has
long been an intolerant nuisance to the neighbourhood.
john Harlowe, John Lang, Louisßernard, a Frenchman, and
Luke Brown, were first placed at the bar; Harlowe being
charged as the owner and keeper of the house, and the others
with aiding, assisting. &c. Harlowe was defended by a gen-
tleman from the office of Mr. Flower of Hatton-gardon.
Harlowe at present stands indicted at the Middlesex Ses-
sions for a similar offence. The charges were conclusively
proved against the defendants by Mr. Horsford, the principal
officer of the Mendicity Society, who was expressly em-
ployed by the Police Commissioners on the occasion, and
who on a previous evening obtained admission into the
house in disguise, and was consequently enabled to establish
against each of the plaintiffs the particular acts which he
witnessed, while the play was proceeding, during the time
he remained in the house. Harlowe was fined 501., or three
months' imprisonment in Westminster Bridewell and hard
labour. The others were amerced in 25/. each, or six weeks'
imprisonment.
Some of the remaining defendants, charged with having
been found in the house without lawful excuse, were fined
405., or fourteen days' imprisonment, and the rest were
discharged.

The fine imposed on Harlowe was immediately paid, as
were also several of the others in the course of the day,
About a fourth of the whole number, not being able to mus-
ter the amount required, were sent to gaol in pursuance of
their sentence.