The Sun.
London, England, 1844-02-02 00:00:00

COOKE V. CIIEIV.

Mr. Whateley and Mr. Miller appeared for the plaintiff;
Mr. Humphrey conducted the case for the defendant.
This was an action to recover compensation in damages for
false imprisonment. It appeared that the plaintiff, who was
a commercial traveller for a mercantile house in the City, en-
gaged from the defendant a phmtonz. for which he
was to pay 2/. 10s. a month. Subsequently the
plaintiff became involved in difficulties, and having left his
employment returned the phaeton to the defendant, at the
same time stating his inability at that time to pay for the.
hire of.the phaeton. The defendant detained the servant of
the plaintiff who brought it back, and having traced the
plaintiff to a coffee-house, there arrested him on a charge of
felony, and caused him to be conveyed to the Mobr-lane
station-house, where ho was confined during the night. The
next morning he was taken before Sir Peter Laurie, at Guild-
hall, who stated his belief that the case was not one of
felony, and remanded him to the next day, when the
_r.no_ney
was raised and the debt paid.—Verdict for the plaintiff 51

HUNTER V. BRAITHWAITE
This was an action to recover compensation in damages,

Two middle-aged women, named •Elizabeth Todd and
Sarah Trussell, were placed at the bar before Mr. Rawlinson,
the former charged with having, by means of a forged sig-
nature, endeavoured to obtain 1161. 9s. 7d., which was depo-
sited in the Marylebone Savings' Bank, in the name of Mary
Todd, and the latter with being a party concerned in the
attempted baud in question.
The prisoners are kith servants; Todd at a house in
Gloucesterplace, and. Trussell in Wilton-crescent, knights
bridge.
Mr. Feeney, .solicitor, appeared for the prosecution, and
Mr. Wilson, from the offiee of Mr. Randall, solicitor, for the
prisoners.
Mr. Robert William Sheath stated that he was clerk at
the bank, and that on Saturday, the 20th inst., the pt.:-
kroner Todd produced to him the deposit-book made out
iu the name of Mary Todd, and said the wished to with-
draw the whole of the money, the amount of which was
1161. 9a. 7d. She was asked if it was her own money,
and if the account was hers also; to both of which questions
she replied in the affirmative. Witness tilled up a notice pa-
per, and handed it to her for her signature, when she signets
it " Mary Todd," ellegirag that that. was her own name. He
compared it with Mary Todd's signature in one of their
books, and finding that it differed materially, told her so, and
that unless she could write it better on the day of payment
(which was ten days from that period), she would have rime
difeculty in obtaining The money. Are then sthted that she
had not got her spectacles with her, and that she had not
written for some yearkkat that she would practice in. the
mean time, and bringairer spectacles when she next came.
She then went away.
Mr. Rawlinson—When did you next see her? Witness—
Teeterday she came again, when I filled up a receipt (here
produced) and requested her to write her other name, which
the signed, as you see, Mary Todd." I asked her if she
could not write it any better? when she said she would try.
and she accordingly wrote it a second time. As 1 was still
doubtful as to her being the right. person, I referred kw to
Mr. I)oaglae Fernley (one of the actuaries), who if new
present.
Cross-examined by Mr. Wilson-1 have been clerk in the
Savings' Bank nearly twelve years. I receive money when
it is paid in. I don't know that I ever saw Todd upon any
occasion previoualy to the periods I have spoken to. I did
not take the original signature. In the deposit hook there
are two entries in my handwriting; bet I cannot say ffont
whom I received the money.
Mr. Douglas Fennel- deposed that he was assistant-secre-
tary and actuary at the St. Marylebone savings' Bank. On
the previous slay (Tuesday) his attention was called by Mr.
Sheath to the signature of the prisoner Todd, and he asked
her Jr she was really Mary Todd, to which she replied that
she was, and that shoe was the person who had, in the - first
instance, deposited money upon the account. He (witness)
told her, in the hearing of Truesell, that the signature was not
satisfactory, and that he should require a declaration to he
made before a magistrate as to her Wealthy, upon which
Trussell stepped up and said she knew the pri-
soner Todd to be the Mary Todd who had paid in the
first money, and that she (Trussell) was present at the
time of the transaction. Witness asked her if she saw
Mary Todd write her name upon the first deposit being
made, to which she replied, " No, 1 , was waiting out-
side." I then said to Trussell, " Have vou any objeetien
to make a declaration as to the truth of what -yen have
.stated ?" and the answered " No." I prepared a declara-
tion (now produced) which I read over to both of them
carefully, at the same time telling the& that if they signed
what wasp of they would be as liable to punishmeat as
if they 14t taken a filse oath ; they signed and then left,
and in alsout half an hour they returned, when Trued! said,
"We come to tell you the truth, sir." Todd thee admitted
that the account was not hers, hut that it had been eperted
by her sister, who was now dead. I remarked that it wee a
serious case, and that I should not hear anything Blither
which they might have to say, until my fearer (one of the
principals in the Inatitntion) came home.• In a short time
my father returned, and the prisoner, YlizabetiaTodd, then
said in the hearing of Trnssell, that the account was her sia-
tea's, but that she (Elizabeth) had paid in nearly all, if
not quite the whole of the money, and that it
Was hens. She further said that her sister had
left a will, and that she bad a son living. Witnes asked
Traesell, who admitted that she was present with the reel
Mary Todd when the account was opened, how she could
have suffered him, under the oircumataticea,
.te draw up the
declaration which he did, when she made no 'answer, and
both the prisoners began to cry. I told theth I thenght I
should be obliged to give them in charge, and my father told
themae.teo; but 1 said to them, "If vou are suffered te go
away now, you must consider the charge as hanging ever
your head, and most probably in the *nurse of to-morrow
something mere will be heard of it." They begged aid prayed
that no further proceedings might be taken against them, as
th 7 were very sorry for what they had done.
Cross-examined by Mr. Wilson—Todd said' she had.always
paid the money in, and that upon one occasion she had drawn .
Out '9O/. •

The father of the last witness said that he showed the•re-
, ceipt for the 201. to the prisoner Todd, and asked her if it
was in.her_owahandwritiog,ite which she replied thatit,w,
Cross-examined by Mr. Wilson--I took the account W-
-011211.1., and witaeeed the eignatnre of the right party.
never, to my knowledge, saw the prisoner Todd anti' the
period of the transaction for which he is now here.
-Ching, 97 11, proved that en the same morning he took
both the prisoners into cnstndv. Todd, on being told that
she was charged with attempting to defraud the Maryleboee
Savings' Ihmk, said that what she had done was entirely
through iplorance, and that Trnseell said that there was na
other,object in view than that or moving " legacy duty."
Robert Todd was then called by Mr. Wilson, and examined.
He stated that he lived at 21, Crown-court, Covent-garden,
and that he was the son of Mary Todd, and nephew of the
prisoner Eli-zabeth Todd; he was ene of the executors under
the will of his mother, who died on Ifith Januare last, and
that the whole of his deceased mother's funds was left to 11101
by will, which he proved on Saturday last at Doetere-com-
moni. It was by his directions that Elizabeth Todd had
gone to the Bank to draw out the money, she having told
him that nearly the whole of the semis were paid in by her,
and that upon one occasion she had drawn out 20!. herself.
Ire thought there would be no difficulty in her (Elizabeth)
drawing the money as she was so well known at the Bank,
and that, for his own part, however innocently and enguarcfrd
he might have acted, he had no wish to de wrong.
After some. consultation between Mr. Bawlinson and Mr.
Fernley, the solicitor for the prosecution, the prisoners were
both remanded till Monday next.

• QUEEA "8
-SQUARE.
Emma Erans and Mary Ann West, two servant girls, were
yesterday brought before the Magistrate, the former charged
with haying obtained a situation in a family by means of a
false character, and the latter With baying, i• 9R assumed
natue and her mistreses antes and jewellery, given that
character.

About a month since Mr. Shand, a pawnbroker, living at
Albert-gate, Knightsbridge, being in want of a servant, the
prisoner Emma Evans presented herself, and in answer to
inquiriee, said she had lived for a fortnight with Mr. Todd.
a lineadraper in the neighbourhood. Inquiries were made
on the subject of the girl's character, but the answer being
unsatisfactory, the prisoner Evans was informed that her
character did not suit. She then declared that she conk/
have an undeniable character from the Misses Brown, residers
ladies, residing at No. 1, Thnrlow-place, Brompton. Mrs.
Shand accordingly went to Ne. 1, 'airflow-place, and in—
Tilted whether the Misses Brown were at Foam to whiclt
the prisoner replied in the affirmative, and, showing her into
the drawing-room, said the young/fat would be with her in as
few minutes. Shortly after, the prisoner Mary Anne West,
who was servant to Mrs. Coatley, the landlady of the house,
and whose family were from home at the time, entered the
room richly dressed, and wearing a profusion of jewellery.
She politely desired Mrs. Shand to be seated, and informed
her that the girl Emma Evans had lived with her for eighteen
months; she gave her a good character, not only for the dis-
charge. of her duties as a servant, but for moral rectitude.
Mrs. Shand ...Was so well satisfied with the character that she
took the girl Evans into her service, but in the course of a.
fortnight, finding that she was idle and worthless, made some
further inquirioa, and ascertained that she had been imposed.
upon. Information was given to the police, and the prisoner
was taken into custody.

Mr. Bond said that 'Emma Evans meet pay a penalty of 5/..,
or be imprisoned f'or two monthe, and Mary Ann West
or one inontb.—The prisoner!, were looked up.
• LAMBETH-STItEEr.
Wednesday Lawrence Opperrnan, a farsiture broker, carry.,
ing on business in Rosemary-lane, appeared before 4r.
Henry, to account for illegally detaining a Dutch clock, be-
longing to a poor woman, agairret wham it was alleged he had
a distrels-warrant to execute.

The poor woman applied, in the first instance, on Startler
to Mr. Norton, and stated that though site was only indebted
to her landlord Is. in arrear and one week's rent, making
altogether 3s 6d., Opperman came to her room in Plotigh-
street, Whitechapel, to levy a distress upon her goods for
that amount, stating he had the landlord's authority for doing
so. She made up the money in less than half an hour, and
handed it to Opperman, but that person tin receiving it FAR
that this sum was the amount of his expenses--namely, halt--
a-crown for the " man in possession," and a shilling for his
own trouble, and told her that unless she paid him 3s. 6d.
more he would seize some article for the rent. She links-
tinned his right to do so, when he instantly took down a.
valuable Dutch clock and carried it away with him. Yes-
terday, when asked by Mr. Henry what he had to say to the
complaint of the poor woman, Opperman, who is a German,
handed to the bench a dirty strip ofpartly written and partly
printed paper, which he called his " varrant" for seizing ars
the goods.
Mr. Henry told Opperman, that unless he at once,lieli..
vered up the clock to the poor woman, he would oanse pror'
ceedinga to he instantly taken against him under the Polices
Act for an illegal distress, and tilionld impound the document,
for that purpose.

OpperMati on hearing this dispatched his son for the clock
and gave it to the complainant, and after pleading hard ter
his " Tarrant." got it back.

ARRIVAL OF THE PENINSULAR MAIL.—SOUTH..
AMPTON, JAN. 30.—The Little Liverpool arrived here at
three o'clock, P.M., having the Gibraltar and Peninsular
mails. Her dates are, Gibraltar, Jan. 20; Cadiz, 21 ; Lisbon,
24; and Vigo, 26. The Liverpool bad seven passengers and
V cargo of fruit.
LIVERPOOL.—The friends of civil and religious
liberty will hold a public meeting, on Wednesday next, in
the Music-hall, for the purpose of declaring their sentiments
on the course pursued by the Tory Government iu certain oe
the preliminary preparations for the State Trials now pend-
ing in Dublin.--Liverpool
• At Washing
GENERAL DUFF GREEN AT HoME.—
W
He is organising- collecting
:yew fork. It will be
newspaper in
ton Duff Green is quite busy With the Presidecanptiatna
IdCfoarbintbet
measures and ;
establishment of a daily
1:11 1F) e
oar
Paper.o rg n of the'
InThe win • ter at Christiania, in Norway, has beet.
frtei
_octorna Calhoun
eagupeafferi.,:nagni
aordinary for that northern climate. lip to the 23d ult..
danl:ll.-1.1
tetxiebt,,ate of the last arrivals, not a flake of snow bad fallen,
and there had not been any frost. The thermometer had.
been, for several days, at from 3 to 5 degrees above zero of
Reauniur, from 38 to 44 degrees of Fahrenheit, and the eu
as bright and warm as in May.