The Sun.
London, England, 1845-03-10 00:00:00

SPIRIT of 01.1 PUBLIC JOURNALS.

F*o3l TIIE EYZNING PAPERS OF SATURDAY.
GLOBE.—It becomes increasingly manifest that, in the
case of wealthy offenders, the public justice of the country
requires to be guarded against evasion by more stringent se-
curities than are at present provided by the law. We do not
object to the discretion vested in magistrates to take bail; al-
though, in most instances, this discretion operates in favour of
the rich, while the poor person is seldom able to obtain the re-
quired sureties, and is therefore compelled to remain in prison
until his trial. That which is requisite to secure the appear
ante of the party is, in the great majority of cases, lost sight
of by the committing magistrate. The amount of bail which
would be deemed heavy, if not oppressive, in the case of a
working man, is of trifling import to one of th e higher classes
ofsociety. It is, therefore, obvious that for the security of
equal justice in the administration of the laws, the amount of
the recognisances in which parties are held fur the appearance
of a pr;soner at the sessions or assizes, there to answer the
charge on which he is committed, should bear a reason-
able proportion to the nature of the charge and his position
in society. Where this rule is not observed, the preliminary
proceedings are a delusion. The prosecutor is subjected to
much inconvenience and expense in preparing for and at-
tending the-court, to perform the duty cast upon him; and
he is frequently mocked by the escape of the prisoner, through
the neglect of the magistrate,who was bound by his office to use
due caution that the ends of justice were not frustrated by his
means. These observations are not of a mere general cha-
racter. They originate in, and are designed to apply to, a
glaring defeat of justice by the escape of a person charged
with a very serious offence, through the facilities afforded
by insufficient bail. In November last the daughter of a
wealthy medical gentleman at Brentwood was charged with
stealing a considerable quantity of silk, the property of
Messrs. Taylor, drapers, of that town. The mode in
which the robbery was alleged to have been perpe-
trated was not less artful than flagitious. A mes-
rage was sent to the tradesmen, directing that a number of
rolls of silk, of different colours, shoald be sent to the house
of the accused party's father, for inspection. They were sent.
The youth by whom they were conveyed was desired to leave
them. The whole of the rolls were returned, with an intimation
that none of them would suit, and with a request to the trades-
men that others might be sent. Some circumstances induced
a belief that the pieces of silk, when returned, were short
of the quantities which left the shop. The precaution was
therefore taken of carefully measuring and placing distinctive
marks on the pieces which constituted those sent on the se-
cond occasion. These rolls were also returned, and were
immediately examined. A deficiency in several of the lengths
was detected. s One of the principals forthwith proceeded to
the house, and the object of his visit was stated. The charge
was, of course, denied. But, strong in his conviction that
the grounds of his accusation were but too valid, he in-
sisted on passing up stairs to a room whence he heard a
noise, which convinced him that it was the scene of
bustle and alarm. The embers of what had manifestly
been a quantity of silk, recently consumed, were found on the
fire and on the hearth. Other strongly corroborative evi-
dence was adduced, and the accused lady was committed for
trial at the sessions. Bail was, however, taken for the ap-
pearance of the prisoner, and she was released. At the ses-
sions, the illness of the lady was urged upon the Court as a
reason for postponing the trial ; and the recognizances were
enlarged, and an arrangement was entered into that
the accused party should be tried at the Winter As-
size. The Winter Assize came in duo course, but not
so the accused lady. Some ingenious pretext was
urged ; the trial was postponed ; and the recognizances
again enlarged. The Spring Assize arrived. The Court
was opened " with the usual solemnities." The grand jury
were charged, and had retired to their chamber ; and Mr.
Straight, the deputy clerk of assize, called upon Helen
Mackril Richardson to surrender to take her trial. No
answer was, however, returned. A bench warrant was ap-
plied for by Mr. Ryl mud for the apprehension of the fugitive
from justice. This was, however, but capping the climax.
An officer proceeded to Brentwood with all imaginable speed.
He had, we need hardly say, his labour for his pains. The
lady—as was well known to every one but those who
ought to have foreseen, and guarded against, such an
event—was safely lodged in some distant retreat, where she
was not likely to be discovered, and where, if discovered, the
warrant of the Court was powerless. We can understand,
and readily excuse, the feelings of the respectable parent
who has chosen rather to pay the amount of the recogni-
sauces into which lie and his friend entered for the appear-
ance in Court of his child. But these private feelings, how- ,
ever amiable and natural, ought not to be recognised by the
magistrate, however much they may he commisserated by the
man. It is because of the strength of those feelings, and the
ability of the individual to pay for their indulgence, unless
guarded against by the amount of the required sureties, that
we contend for the propriety of regulating the bail by the
position in society of the party in whose behalf it is tenaered.
The: object proposed is to secure the production of the
prisoner at the trial. That object the magistrate is bound to
effect by the means which the law has placed within his
discretion. Increased precautions are ales) called for in the
case of witnesses. These are " bound over "by the com-
mitting magistrate to appear and give evidence before the
grand jury, and if the bill be found, at the trial of the pri-
soner. But the amount of recognizances ought to be regu-
lated by the rank and condition of the accused—the nature
of the charge—and the circumstances of the witnesses.
Unless these be taken into account, the recognizances, so far
as ensuring the ends of justice by a due prosecution of the
charge—are not worth a straw. Should getting the principal
witness or witnesses out of the way be deemed advisable, and
they be of the class who may be acted upon by a bribe,
this mode of evading justice is rendered perfectly easy. The
accused will then surrender to take his trial, if a bill has been
found—quits aware that the witness on whose evidence the
case rests has disposed of himself; or, if the imputed crime be
felony, and the bill is to be presented to the grand jury at the
same sessions or assizes as their trial was appointed to take
place, the accused is equally at ease. His wealthy friends have
interposed, and the witness or witnesses on whose evidence
the charge against him rests, fail to appear. The Court pro-
nounces it " a very extraordinary proceeding ;" and the ac-
cused party leaves the hall of justice amid the congratulations
of friends. These scenes have become of frequent recurrence,
and, whenever they do occur, interfere with the impartial ad-
ministration of justice. Until the Legislature shall interpose,
and by the appointment of a public prosecutor, relieve private
individuals from the expense, and preserve public justice
from the danger of having its course interrupted by the pre •
sent system, let magistrates use the discretion with which
they are invested, and apportion the amount of bail for the
afire; aihat at) set Liasj-a-nsws;vz,lme the offence imputed is bail-
the principles we have ventured to prescribe; and the evil
will be mitigated, if not wholly removed.
STANOARD.—Mr. Williams has not much reason to
exult in the effect of his attempt to insult the Duke cf
Newcastle. his display of last night did not greatly mend
his condition. while it gave to the Earl of Lincoln an oppor-
tunity of performing; the difficult task of pronouncing a more
handsome and eloquent vindication of himself and of
his noble father, than on Thursday— a more com-
plete vindication was impossible. Mr. Hume, too,
came out very honourably last night, and fairly left the
Member for Nventry upon his back, explaining that he
(Mr. Hume) had dissuaded his friend from making the
motion, and had earnestly advised him "to be sure of
his facts," of which it appeared, by Mr. Hume's admis-
sion, that he was anything but sure. We are not
much in the habit of recommending the gnomei
of Mr. Joseph Hume, but in this case we are happy to press
his advice upon Members of Parliament. If Mr. Benjamin
D'lsraeli had only anticipated it, he would not be in his
present pitiable but, we fear, unpitied plight. True, with
orators of a certain class, the care about facts would involve
a serious sacrifice. Incapable of commanding attention by
learning, character, sense, or real eloquence, they can obtain
hearers only by the attraction of startling personalities,
founded upon extraordinary facts, but extraordinary facts
are commonly no facts at all; they are, for the most part, of
that crass of propositions for which we have a short and ugly
name. And how are the ignorant, obscure, dull, and mere:}-
pert to perform the part of statesmen, if precluded from this
resource? The public it may be said, can do without them
—this is very well, but can they do without the public?

LAW INTELLIGENCE.
COURT OF BANKRUPTCY, March 8.

EXPENSES TO WITNESSES.—In a case which occu-
pied some time respecting a fiat, a question arose whe-
ther witnesses summoned to prove an act of bankruptcy
were entitled to their expenses. One was an attorney,
and at,- other an auctioneer, both residing in town, and
both cnimed their expenses for two days' attendance
Mr. Commiss;Gner GOTTLIIIIRN was of orinion that the
witnesses must be paid, if their testimony was required.
The attorney to the fiat strenuous'y urged that they
were bound to attend, and to give evideice.
The matter was referred to the taxing-master, who
was of opinion that the parties were entitled to a guinea
a day. They again came into Court, and again the at-
torney resisted payment as they were town witnesses.
He produced a case decided before Lord Tenterden.
The attorney procured other witnesses who made out
an act of bankruptcy, and he did not require the assist-
ance of the two persons summoned. He had previously
declined to pay them, and stated his intention to appeal
to the Court of Review.

At the termination of the business, one of the parties,
an auctioneer, applied to the Court. He wished to know
whether he had no remedy against the person who had
summoned him. He had been obliged to postpone a sale
he had to-day, and had been put to great inconvenience.
Comtnissiomr GOULBURN was of opinion that, as the
parties hall not been required to give evidence, they were
not entitled to payment. They resided in town, and he
was afraid that they had no remedy. If, however, they
had been required to give evidence, he should have or-
dered payment to have been made in the first -instance,
but as their testimony had been dispensed with, he had
no power to grant the application.

ASSIZE INTELLIGENCE.
110.11 E ClRCUlT.—Chelmsford, March 7.
(Before Mr. Baron ALDERSON.)
ATTACK ON GA MEKEEPLRS.— Thomas Crush, aged 23,
and Thomas Bastock, aged 30, were indicted for having, with
other persons, some of them armed with guns and other offen-
sive weapons, unlawfully entered a wood, the property of
Lord Nitre, at Montnessing, for the purpose of destroying
game.
Mr. E. James conducted the prosecution, and Mr. Russell
defended the prisoner Crush.
It appeared from the statement of the Learned Counsel for
Mr-prosecution; and the evidence adduced, that a gentleman
nemed Lescher has the right of shooting over the wood in
question, and that he employs a keeper, named William
Green._ On the night of the 23d of November, Green. and
some other men were out watching, and shortly before two
o'clock in the morning they heard the report of fire-arms
in a wood called Harering-grove, and after listening for
some time, the keeper and his assistants, accompanied by
a large and very fierce dog, which, it appeared, was a com-
plete tex7ror to the poachers, proceeded in the direction
. whence the report of the fire-arms appeared to proceed. On
coming to the wood they saw the prisoners and two other
men come out., and the moment they observed the keepers
the prisoner Crush pushed his companions on one side, and,
with a vulgar expression, said he would shoot Green, and
immediately levelled the gun and fired at him, but fortu-
nately without doing him any injury. He then made a
rush at another keeper, named Gilbr, and made a blow at
him with the butt end of his gun, but he evaded it, and
Crush then ran any. While this was going on the dog
had
been loosed, and seized Bastock, and held him until he was
secured. 'I he other pnsoner was subsequently taken izto
civtlily, and was identified as having formed one of the party
of poachers.
The jury returned a verdict of Guilty, and the prisoner
Crush was sentenced to be transported for ten years, and the
other to nine months' imprisonment and hard labour.
A'TEMPT TO MIMDER.—Danzel Baker, aged 39, and
Charles Cricks, aged 26, were indicted for feloniously assault-
leg 'and wounding Sarah. Sewell, with intent to murder her.
This case came on before-Lard Denman on Thuyeday after-
rand-wee not concluded-until nearly ten o'clock at night.
The offence was of* ver.yaggravated description. It appeared
that the prosecutria is in the service of a gentleman named
Vila, Who reajdes at Great :Bursae:4 and she had occasion to
Appear at tin quarter Pao= at Chilmstal, as a witness

against a man named Martin Crick, a brother of the pri-
soner Charles, who was charged with robbing her master,
and the trial ended in his conviction. While she
was in waiting near the Shire Hall to be examined,
the prisoners abused her very much, and threatened
her. About two o'clock on the morning of the 10th of
January, which was about a week after the trial at Chelms
ford, the prosecutrix, who slept in a back room, was awoke
by some one in the yard calling upon her to get up, and
when she went to the window to see what was wanted, a
voice called out that one of her master's horses were ill, and
that the farrier was coming to bleed it, and that she must
bring down a piece of string. She went up accordingly, and 1,
went with a piece of string to the back door, which she
opened, and held out the string to the parties who were out-
side, and who turned out to be the prisoners. She was im-
mediately dragged into the yard, and a most brutal attack
was made upon her by the prisoners, who knocked her down,
one of them striking her with such force upon the stomach
that the blood rushed out of her mouth ; and, whilst she was
lying in an almost insensible state, they, with apair of shears,
such as used for shearing sheep, cut her hair off close to the
head. inflicting, in so doing, a wound upon her neck. They
then attempted to drag her to a pond in a field close by, she
praying that if they intended to kill her they would do it on
the spot. The sound of some one approaching being heard,
they threw her down, and, with a brutal expression, said
she might die there and be --. Upon assistance arriving,
the poor girl was found in a dreadful state, and it appeared
from the surgeon's evidence, that for a considerable time it
was very doubtful whether she would recover the injuries and
fright she had received.
The defence attempted to be made for the prisoners was
that they were not the parties who had attacked the prose-
cutor, and some witnesses were called for that purpose, but
their evidence was very far from satisfactory.
The jury found the prisoners guilty of an aggravated
assault.
The prisoners were again arraigned this morning, upon a
charge of stealing foar fowls, the property of Mr. °lnn, and,
upon a verdict of guilty being returned, the Lord Chief
Justice, after commenting upon the atrocious character of
the offence of which they had been convicted on the previous
evening, sentenced the prisoner Baker, for the first offence,
to be kept to hard labour for three years, the last fourteen
days in the first and second years in solitary confinement;
and for the second offence, at the termination of the former
sentence, that he should be transported for seven years. The
other prisoner was sentenced to eighteen months' hard la-
bour, seven days in the first year, and at the expiration of
the sentence, to be passed in solitary confinement, and that
he should then also be transported for seven years.
INCENDIARISM.—James Merchant, aged 20, and William
Youngs, aged 21, were indicted for feloniously firing a barn,
a cart-shed, and other buildings, the property of the execu-
tors of Edward Lugar, deceased.
This case occupied the Court a considerable time, but the
facts lie in a very small compass. The chief, and, indeed,
the only evidence against the prisoners consisting in decla-
rations alleged to have been made by them prior to and
after the fire. It appeared that the fire in question took
place at a farm called Badley Hall, at Ardleigh, in this
county, above a year ago, and although at the time some
suspicion was entertained of the prisoners, no proceedings
were taken against them until recently, when some persons
came forward who swore that on the day of the fire the
prisoners were in company, and that they were heard to
say there should a fire at Badley Hall. After the fire had
happened another witness stated that he heard one of the
prisoners say to the other, that they had had a - good
flare up, and that it would not be found out if they
" kept it dark." Some of the witnesses who deposed to
these facts were persons of very indifferent character ; but
altogether a very strong case was made out against the
prisoners.
The jury, after deliberating for some time, returned a ver-
dict of Guilty.
The prisoners were sentenced to be transported fur fifteen
years.
There were two other indictmene for arson against the
same prisoners, but they wee.) not proceeded with.

OXFORD CIRCUIT.—Oxford, :►larch 7.
(Before the Lord Chief Baron.)
LETTER STEALING BY A POST-MISTRESS.

Ann Gardner, who is a post-mistress at Enstone, in this
county, was charged with having opened two letters, and
stolen a third, containing two half-sovereigns, all of which
were committed to her care.

It appeared that several letters had never reached their
destination, after having been sent to the post-office at
Enstone. In consequence of numerous complaints upon this
subject having been made to the authorities at the General
Post-offiee, Mr. Ramsey, the superintendent of the missing
letter department, prepared what is technically. called
"a trap letter," an invention which has been found of
great service in detecting the Post•office robberies, of
late but too frequent. This letter enclosed a sovereign,
which had been previously marked, and, after having
been sent through the suspected channel, was examined
by the proper authorities, when it was discovered that,
although the coin was still there, the seal (of red wax)
had been tampered with. A second letter, with another
direction, was then sent, containing two marked half-
sovereigns. This was also found to have beea opened
and resealed, but still the money was untouched. A third
attempt was then made, which proved successful in detect-
ing the culprit. Two half-sovereigns, marked, were put into
a letter, directed " Thomas Hicks, to be left at the Chequers,
Bradford-lane, Exeter, England ; with speed." This was
put, as if by accident, into a bundle of letters for Enstone,
and it was the duty of the prisoner to have written on it
" misesent," and to have returned it to Oxford. No tidings
of the letter having been heard, Mr. Ramsey, accompanied
by Mr. Forrest, one of the clerks of the Post-office, went,
on the 6th of November last, from Oxford to Enstone, when
Mr. Ramsey informed the prisoner that he had come to show
her the two first letters, which had evidently been opened.
She denied all knowledge of the affair, and he then inquired
for the letter directed to " Thomas Hicks," which ought to
have been returned by her to Oxford. She declared that she
had never seen it, and told him he might search the house.
This he did, but not finding it, went out for a policeman,
leaving Mr. Forrest with the prisoner. While he was absent
Mr. Forrest heard her crumpling a piece of paper in her
pocket, and immediately afterwards she put something on the
fire, and laid a coal upon it. This he instantly snatched off,
when it proved to be a post-office envelope, which had been used
to inclose the two half-sovereigns in question, both of which
were still within it, and were identified by the marks before men -
tinned. No traces of the letter itself could, however, be found.
The policeman now coming in, the prisoner was given into
..111annent
house, a small pocket-knife witli a tier-nooited Made was
discovered, having red sealing-wax adhering to the point on
each side. From its appearance, there could be no doubt
that the blade had been heated, and had, while in that state.
come in contact with the wax.

That part of the charge which related to the stealing the
letter having been abandoned by the Learned Counsel for
the Crown, the indictment for the larceny of the money was
proceeded upon.
The jury. after a few minutes' deliberation, returned a ver-
dict of Guilty.
The prisoner is 64 years of age, and has borne a good cha-
racter.—Sentence deferred.

NORTHERN CIRCUIT.-314rch 6,

Mr. Justice Wightman was engaged the whole day with
the trial of two cases against the sherTff. The question in
one case respected the property in certain goods which had
been seized under a writ. In the other the dispute was whe-
ther due diligence had been used in the endeavour to execute
it. The cases were of no public interest.

CENTRAL CRIMINAL COURT.

OLD COURT.

During the course of Friday, the grand jury came in and
presented the last bills, and at the same time they handed
up the following presentment:—
" Grand Jury-room, Old Bailey, March 7, 1845.
"The grand jury, now sitting at this court, beg to present,
that it is their opinion the police-officers have uniformly
given their evidence in a manner highly satisfactory to the
jury, but that the police furce, particularly in that neighbour-
hood of Bethnal-green, appear to have very much neglected
their duty, in allowing beer-shops and public-houses, some
of them having concerts and balls, to be kept open at unseason-
able hours, in several instances as late as two in the morn-
ing; to which the grand jury attribute many of the crimes
brought before them, and cannot therefore separate without
calling the attention of the proper authorities to this fertile
source of crime and depravity. They farther 13s. to express
their extreme regret at seeing AO many juvenile offenders
committed for trial to this court, as it is the unanimous
opinion of the jury, that in many cases summary convictions
would have a more salutary effect upon their future conduct
than being associated in prison with more hardened offen-
ders, by which their education in crime is completed, and the
object of punishment, the correction of the offenders, is in
most cases defeated, and they are turned loose upon society
worse characters than before.

" The grand jury cannot too strongly express their opinion
that the facility with which pawnbrokers and marine store
dealers often purchase suspicious property from persons they
do not know (often mere boys and girls), is highly reprehen-
sible, as afibrding thieves a most ready opportunity of dis-
posing of their booty, which operates as a direct encou-
ragement to bad characters. The grand jury further present,
that it would be highly desirable if means could be adopted
to trace stolen property to the receivers, wise are, in the
opinion of the grand jury, in many cases, more criminal than
the prisoners, and should also be indicted with the thieves.
(Signed) " NV. NEWTON, Foreman."
Baron PARKE, in reply, said that, as regarded the latter
part of the presentation it was a question for the Legislature ;
and that, with respect to the former part, the ntagistratee of
Surrey and Middlesex should receive due notice of it.
(Before the RECORDER.)
ROBBING FROX A DWELLLNG•HOUSE.—AmeIia lifizydew,
18, Selina Edwards, 17, and Susan Paulo, 28, the latter a
married female, were placed in the dock, charged with steal-
ing a tin box. containing eight sovereigns, the property of
John Greening, and a box, containing a watch and two seals,
the property of Hannah Maydew, mother of the first prisoner,
who is also grand-daughter to John Greening.
Paulo was defended by Mr. Horri-, Edwards by Mr. Robin-
son, and Maydew was undefended.
It appeared, by the evidence, that Greening's house, in
Upper North-street, Lisson -grove, had been entered on the
4th of February, and the property charged in the indictment
stolen. The police, discovering that that the grand-daughter
(Maydew) and her friend, Edwards, had been spending a
quantity of money, in connexion with the prisoner Paulo,
went to the house of the latter, No. 5, Park-lane, where a
number of dresses, purchased by the two first prisoners, and
the boxes, which were stolen from North-street, were found.
The watch was also discovered on Maydew, and identified by
the old man Greening.
From a written statement put in by the prisoner Maydon,
and the character given by a number of respectable witnesses
to the prisoner Edwards, it appeared that they had both held
a respectable character as flower -workers, until last year,
when they began frequenting the Yorkshire Stingo saloon,
Edwards was seduced, and, being about to become a mother,
was turned out of doors by her parents.
The jury returned a verdict of Guilty against all the pri-
soners.

The grandfather, an old man about eighty, who was obliged
to be supported, into the witness box, begged, while the tears
ran over his cheeks, for mercy for his grandchild.
The priwners were then sentenced, Mavdew to three
months' imprisonment, with hard labour; Edwards to nine
months' imprisonment ; and Paulo to twelve months, with
hard labour.

Wm. Wsbb was indicted for stealing 195. from the
person of Henessy ; and the indictment further
charged that the said robbery was attended with vio-
lence.

It appeared that the prosecutor had been spending the
evening with ,some friends, and was returning home at
a late hour, in that state in which parties often find them-
selves after spending a pleasant evening, when he was
induced to hire the prisoner's cab, in which, however, he
had proceeded, but a very short distance before the priso-
ner drew up, and, taking advantage of his situation,
dragged bin out of the vehicle, and picked his pocket
of the above slim. The prosecutor, however, was suffi-
ciently aware of what was going on to call for the assis-
tance of the police, by whom the prisoner was taken
into custody.
The Jury found the prisouer Guilty.

The RECOgDER said that it was necessary to make an
example of persons in whom, from the nature of their
occupation, the public were compelled to repose a cer-
tain degree of confidence, and where that confidence was
abused, particularly where, in addition to that, gross
violence was resorted to, a severe sentence must follow.
He then sentenced the prisoner to be transported for
ten years.
John Douglas IViven pleaded Guilty to an indictment
charging him with stealing in a dwellit g-house, and
was sentenced to twelve months' imprisonment.
John areen pleaded Guilty to a similar indictment,
and received a similar sentence.