The Sun.
London, England, 1845-10-28 00:00:00

JUDGES' CHAMBERS.

THE QUEEN V, CLINTON.
John Comstock Clinton was brought up under a writ of habeas
corpus before Mr. Baron Platt, at his Chambers, in Bolls-garden, for
the rurpoze of obtaining his discharge fom custody. It may be re-
inCnibet ed that the prisoner wis committed from Bow street on the
6th instant, upon a charge of forgery alleged to have been committed
by him in the United States of North America several years ago.
Mr. Baron Platt, on originally granting the habeas corpus, signified,
that if on hearing Counsel he should entertain a strong opinion in
favour of the prisoner, he should at once discharge him ; but that, if
his opinion were adverse, he should adjourn the matter for argu-
ment in the Queen's Bench. The return to the writ having been en-
larged at the desire of the prisoner's Counsel, the argument stood
over until Saturday, when Sir Johu Bailey appeared for the prosecu-
tion, and Mr. Knowles and Mr. Clarkson for the prisoner.
Mr. Baron PLATT said he should think over the matter, and the
prisoner must be brought up again.

POLICE INTELLIGENCE.
WORSHIP-STREET.

SINGULAR APPLICATION.—THE CONVICT'S WELCOME HOME.—A
sun-burnt, weather-beaten man. about thirty years of age, applied
to Mr. Broughton for his advice and assistance under the following
cireum,tances

The applicant said, that in the early part of the year 183 S he had
the misfortune to be convicted at the Old Bailey on a charge of
felony, for which he was sentenced to seven years' transportation.
Ile had formerly been in very comfortable circumstances, and at the
time of his apprehension was in possession of an eight-roomed house
well stocked with furniture, which ho left in charge of his wife until
such a favourable turn occurred in his affairs as would enable him
to reclaim it. After an affecting interview with his wife, who ap-
peared almost heartbroken at his misfortunes, he seas transferred to
hls place of destination, where lie served out his sentence, and al-
though greatly surprised at not receiving any communication from
home during the whole period, he was somewhat consoled upon hear-
ing indirectly that his spouse was in most prosperous circumstances,
and he therefore cheered himself with the anticipation of being
able on his return home to resume an honest courseof life, and spend
the rest of his days in respectability and comfort. On reaching this
country, about a week since, he proceeded direct to his wife's resi-
dence. bat was a.stouneed at finding her living under the protection
of another man, and instead of the fond welcome he had expected,
she told him tartly that she considered his conviction had entirely
absolved her from the marriage contract, and was resolved that she
would have nothing more to say to him. Having failed in all his
efforts to work upon her feelings, he requested that she would at
least restore him the goods he bad left in her care, and the greater
part of which he recognised in the room, but she positively refused to
do so ; and her paramour at the same time stepped forward, and,
after claiming everything there as his own property, ordered him
instantly out of the house. The applicant concluded by saying that
he had entirely depended upon the recovery of the property to
restore him to something like a decent position in society ; and
having been defrauded in such a cruel and unjust manner, he wished
to know whether the magistrate could afford him any assistance to
procure its restoration.

- Mr. BROUGHTON informed the applicant that, according to the
strict letter of the law, everything t e possessA at the time of his
conviction had become forfeit to the Crown, but as the sequestration
did not ail; ear to have been enfo cal, and his future prospects of an
honest existence depended upon the recovery of the property, he
would direct one of the officers to see his wife upon the subject, and
endeavour to effect an amicable arrangement.
Sergeant Brannan afterwards repaired with the applicant to the
house of his wife, and succeeded in inducing her to give him a sum
of IM., as an equivalent • for the furniture, on the express condition
that he should relinquish every claim upon her property, and
never again come near her, to which the husband reluctantly
acceded.

THAMES.
EXTRAORDINARY CHARGE OF RoDBERY AND CRIS!. CON.—Mr.
Robert Augustus Barnett, surgeon, was brought before Mr. Bal-
lantine. charged with felony.
Mr. Pelliam.appeared for the prosecution, and Mr. Ballantine, jun.,
the barrister, and Mr. Fearnley, a solicitor, for the defence.
The case excited great interest. The prisoner, a tall well-dressed
man, of gentlemanly appearance and good address, is the son of Dr.
Barnett, of Fore-street, Limehonse, and his brother, Mr. Adolphus
Barnett, is the registrar of births, deaths, and marriages, and keeps
the Post-office receiving house and Money-order office, in Three
Colt-street, Limehouse, where the prisoner, who has been some time
sought after, was apprehended on Saturday night.
I%lr Pelham said the prosecutor in this case was Mr. Arthur Ather-
-ley Newman, a retired saddler, now living in Nelson-street, Corn-
mergial road, and he charged the prisoner not only with robbing him
of his property, but roh'sing him of his wife.
The MAGISTRATE said he was not in a condition to try a case of
crim. con.
Mr. Pelham was aware of that. Ire meant to confine himself to
the charge of stealing the prosecutor's goods. Mr. Newman was re-
siding in Bower-street, Commercial-road, in December last ; he had
been married to his wife several years, and she had borne him three
children. Mrs. Newman was confined with her third child in the
second or third week of November last, and in consequence of the
want of accommodation In the house, Mr. Newman was obliged to
take lodgings at the Angel, in Fenchureh-street, during his wife's
confinement. The prisoner, who had been on intimate terms with
Mr. Newman, took advantage of his friend's absence from home, and
seduced his wife, whom he prevailed on to leave her home, and take
her goods with her. He was Instructed that the prisoner had stolen
the goods as well as the wife.

The MAGISTRATE—I don't know which is the greater loss of the
two. How do you shape your charge ? Mr. Pelham—why, Sir, I
think I can prove the prisoner pawned and sold some of the prose-
cutor's property. Mr. Barnett absconded with the wife on the 16th
of last December, just a month after the birth of her child. The
prosecutor was unable to meet witk the prisoner till late on Saturday,
having traced him from place to place, when he gave him in charge.
If these two perssns were living in adultery, and he took her away
and the furniture also, I apprehend that would be a felony on the
part of the prisoner. There is the case of Tolfree.
Mr. Ballantine, jun.—The late case of Rosenberg has over-ruled
that. There is no case of felony at all.
The MAGISTRATE—I will hear the witnesses at any rate.
Mr. Newman, who appeared ranch affected, was then sworn, and
he stated that he occupied two rooms at the house, No. 25, Bower-
street, where his wife was confined, and he gave one of them up to
a female servant, and hired lodgings at the Angel. After his wife
had been confined a mouth she complained of the weak state of her
health, and expressed a wish to go into the country and visit her
father. He gave her permission to do so, and she left home as he
thought for that purpose. Three days afterwards he wrote to, her
father to ascertain if she had arrived safe, and was thunderstruck at
the reply he received, that she had not visited her father at all. On
going home he. found the place stripped of all the furniture, and ascer-
tained that the prisoner had eloped with his wife. He subsequently
traced his furniture to Shepperton Cottages, Islington, to which
place the prisoner had first removed Mrs. Newman, afterwards to
the house of a person named Erick, in Cambridge-heath, Hackney-
road, tu Marlborough-place, East Greenwich, and lastly to Upper
York- greet, Rotherhithe.

The MAGmraATE—What was their object in moving from place to
place's Mr. Newman said it was done to prevent him recovering his
furniture. He had ascertained that his wife pawned a pianoforte,
and that the prisoner had pawned a bolster and a blanket belonging
to him.

Chat ;one Laddins, a young woman, said she was servant to the
prosecutor in November and December last, and recollected the
visits of the prisoner to her mistress during her confinement. The
witness, who seemed to treat the affair with much levity, and ap-
peared anxious to screen the prisoner, entered into a detail of the
intrigues of her mistress and Barnett, which created much disgust.
She said her master did not sleep at home, in consequence of the want
of accommodation, and that she assisted her mistress in packing up
the furniture and valuables. The prisoner lent a hand in packing
the goods, which were removed in vans, after sunset. Site recol-
lected a buskenet being taken away one Saturday morning by Mr.
Barnett. Mrs. Newman left home at ten o'clack the same morning,
and the linen went with her. Witness accompanied one van full of
goods to Erick's house. It left the house in Bawer-street while Mr.
Barnett was in bed.

Mr. Ilallantine, Jun.—The buskeuct is a small cradle, and was
necessary for the infant, was it not ? Witness—Yes, it was, Sir.
In further examination the witness said she obliterated the initials
and marks on the linen by Mrs. Newman's orders, when her husband
was ascertained to be in pursuit of her. She did not hear Mr. Barnett
give orders for the removal of anything. Mr. Barnett wished Mrs.
Newman to leave the furniture, but she said " No, if you take me
you must take the furniture ; I won't ge alone."
The MAGISTRATE said it was impossible to carry this case any
further. The charge of felony could not be sustained, and the pri-
soner must he discharged. If the prosecutor could obtain any
further evidence, he could go before the trend jury and indict the
fellow.

Mr. Pelham—My client Las lost the whole of his property.
The MAGISTRATE—That is the greatest less—much greater than
the loss of such a woman as his wife.
an impudent little woman, who laughed, and
The prisoner was then liberated, 811(1 was immediately joined by
much amusement from the Proceedings.
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