The Sun.
London, England, 1845-01-20 00:00:00

E SUN, LONDON, MONDAY MORNING, JANUARY 20, 1845.

MARY LEBONE VESTRY.
EXPLANATION OF DR. PENFOLD.
At a meeting of the Marylebone Vestry on Saturday, the
Rev. Dr. Penfold offered the following explanation on
the subject of the accusation which had been made
against him, of having taken a bank note, marked
" Tithes," from the subscription plate of tl e Girls' School
at the Church. He had, it appears, received various
contributions by post, similarly marked, on previous
occasions, and having learned the name and address
of the person who had placed this money in the
plate, he found it was the sane that had sent the former
contributions by post. This person, who did not wish
his name to be known, said that he intended the money
for Doctor Penfold, and not for the charity. Doctor
Penfold, in order that he might have the word of
another to corroborate what he had said, had induced
this person to call on the Rev. Mr. Hamilton, and state
his intention in giving the money.

POLICE INTELLIGENCE.
(SATURDAY.)
MANSION-HOUSE.

BURGLARY.—Thomas Howell, Frederick Smith,
and Robert Franklin, were brought up for final ex-
amination. It will be recollected that two of the pri-
soners were found concealed in a chamber at the
George and Vulture, Cornhill.
The depositions of the witnesses were read over and
signed, and the parties were duly bound over to pro-
secute.
Howell and Smith were then fully committed on
the charge of burglary, and Franklin as an accessory.
The prisoners displayed the most hardened indif-
ference throughout, Howell humming a tune the
greater part of the time.
Howell addressed his Lordship about the cab fare
having been taken from his pocket. It was 4s.
LORD MAYOR—Apply to the Court at the trial.
Howell—Till then I suppose my wife must go with-
out. I never rode in the cab. It is not proved.

he should not have offered the remarks which he had
just uttered. He did not see that he could with pro-
priety allow evidence of another character to be pro-
duced, now that the 'peculiar circumstances relied
upon by the police in the first instance had not been
found sufficient to warrant a conviction. Mr. Hard-
wick then dismissed the information.
A DESPERATE BEGGAR.—John Ellis, a very powerful
young man, and a female, who passes as his wife, were
charged with begging.
Police-constable, No. 28 of the C division, stated, that
between six and seven o'clock last evening he saw the
prisoners begging, in company. together, in Pall-mall.
The male prisoner had his arm in a sling, and actually
followed two gentlemen into one of the club-houses. He
was then taken into custody, when he resisted, and it
was with the greatest difficulty he was overpowered.
In the cell he twice broke the handcuffs off his wrists.
There was nothing whatever the matter with his arm.
Wm. Horsford, one of the constables belonging to the
Mendicity Society, stated that the prisoner was a noto-
rious begging impostor, and had been several times con-
victed.
Mr. HARDWICK sent him for another three months,
and the female for one.

The LORD MAYOR—I cannot interfere.
The prisoners were then removed.
GUILDHALL.

A smartly-dressed young man, of the name of Ellis,'
who is supposed to be some City warehouseman, was
charged with having offered a dozen silk handkerchiefs
in pledge, the same being suspected as stolen.
Mr. Attenborough, the pawnbroker, of Fleet-street,
said that on Friday afternoon the prisoner came to his
shop, and desired to pledge a piece of silk handker-
chiefs for four shillings. There appearing something
suspicious about his behaviour, he was induced to ask
him several questions respecting where the property
came from, and where he lived. The prisoner replied
that he had purchased it in the early part of the week
for 10s., at a public-house, and that he resided some-
times in Laurence-lane, and at Cole's-place, Com-
mercial-road East. lle then requested him to walk
with him (witness) to the former address, so as to
ascertain whether he spoke correctly, and on their
way there the prisoner stopped and admitted that
he had told falsehoods respecting his address. Wit-
ness then, believing that the property had been im-
properly obtained, gave him in custody to the first
policeman he met with.
Mr. Alderman MusGnovE—Well, prisoner, per-
haps you will tell me where you got the handker-
chiefs, and your right address ? The prisoner gave
the same story as he did to Mr. Attenborough, and
remarked that he should not have attempted to pawn
them, had he not been pushed for a little money.
Mr. Alderman MUSGROVE wished to know whether

the prisoner was known.
The prisoner said his friends were highly respect-
able. He had two brothers filling very important
situations in the City.
A person here, in the body of the Court, cried out
that the prisoner's friends were highly respectable,
but they would not help him now he had got into such
a disgraceful situation, as he had mixed with bad cha-
racters.
Mr. Alderman MUSGEOVE observed that he could
not part with the prisoner until some inquiries were
made about him, and accordingly remanded him till
Wednesday for that purpose.
WORSHIP-STREET.
William Pavanes, a weaver, was placed before Mr.
Broughton, for final examination, upon a charge of
embezzling upwards of 401. worth of silk velvet, which
he had been employed to weave for Messrs. Everson
and Co., silk manufacturers, in Spitalfields.
Mr. Humphreys attended for the complainants.
The prisoner, it appeared, had three looms, and at
different tines since September, received materials to
make three pieces of velvet of thirty yards each, re-
ceiving, as the work progressed, a more than usual
advance of cash on account of wages. Mr. Gascoigne,
the foreman, visited occasionally to inspect the works,
and on the last occasion, in December, the prisoner
said, " if you come on Christmas-eve you shall have
the whole." When he next went, however, he found
the place empty and locked up, the looms and the
whole of the property were gone, and the prisoner
had absconded. Last week the prisoner was discovered
at work at Loughborough, and there apprehended,
brought to London by railway, and delivered in
custody at this Court. It was now proved that dur-
ing the progress of the work he had contrived to draw
his wages in advance to the amount of upwards of
10/. from his employers, whose loss altogether was

CLERKEIV WELL.
A tall powerful-looking man, named Richard Johnson,
was charged as follows :
The fellow went into the eating-house of Mr. Clamin,
in the Hornsev-road, yesterday, and having regaled him-
self sumptuously on the best the house could furnish,
drank seven pints of porter. He had no sooner finished
the last pint than he called for tea, rashers, and eggs, and
ordered them to be got ready by the time he had finished
this meal ; the landlord, however, refused to serve him
with more until the former reckoning was paid. The
prisoner said he wanted change of a 5/. note, but having
no such thing. nor any other species of money on hi
person, was given into custody.
Mr. GREENWOOD discharged the gormandizer.
BOW-STREET.
BURGLARY AND ROBBERY.—Thursday Richard Elliot,
described as a tobacconist, and Richard Vincent, an om-
nibus driver, were brought up for: final examination,
charged with being concerned in breaking into the
dwelling-house of Mr. Cox, a clericel robe-maker, 29,
Southampton-street, Strand, on the night of the 24th
of December, and stealing several pieces of silk, and
other articles, amounting to nearly 200/.
It may be necessary to state, that information being
given of the circumstance, the officers of the detective
force discovered that the prisoners had disposed of a
piece of silk, consisting of seventeen yards, for 11. ss. 6d.,
to Mrs. Dismore, the landlady of the King's Arms public-
house, in the Coal-yard, Drury-lane, who was unable to
identify the prisoners, but they being subsequently ap-
prehended in Paddington, the remainder of the property
was discovered in the house of Elliot, together with a
considerable quantity of other valuable property.
Inspector Shackle said, as a wrong impression was
made on the Court at the last examination, respecting
the public-house where the silk had been sold, he had
received a letter from the landlord, offering to produce
persons, who were in his house when the property was
disposed of, to speak to the identity of the prisoners.
Inspector Shackle said, he was bound to add that Mr.
Dismore gave every assistance in tracing out the parties
by whom the property had been sold, and he thought he
was entitled to such a statement.
Mr. JARDINE considered the matter required only to
be corrected, and, as the officers were satisfied with the
assistance they had received, it was sufficient to remove
any wrong impressions that might have been made at the
last examination.
James Bachelor, a coach-lace manufacturer, proved
that on Saturday, the 28th of December, about four
o'clock in the afternoon, being at the bar of the King's
Arms for the purpose of getting change to pay his men,
he saw two men enter, one of whom was Elliot, with a
parcel under his arm, and on asking the landlady if she
would purchase a piece of silk, seventeen yards, she re-
plied she did not require so much to make a dress. He
then said he had taken it for a bad debt, allowing 3s per
yard for it, but he would take Is. 6d. a yard for it, upon
which she gave 11. ss. 6d., and pieced the parcel under
the counter.
Mr. Robinson applied for bail to be taken for Vincent,
as he had heretofore held an irreproachable character,
and the officer could bring no other charge.
Mr. JARDINE agreed to accept of bail, himself in the
sum of 1001. and sureties in 501. each, to answer the
charge at the Central Criminal Court, and the wit-
nesses being bound over, the prisoners were committed
for trial.
ROBBERY OF THE LEICESTER BANE.—The prisoner,
Elliot, was then charged with stealing the sum of
1,071/. 16s. 10d., the property of Messrs. Pares and Co.,
the Leicestershire Joint-Stock Banking Company.
Mr. Henry Thomas Hill, a clerk in the service of the
prosecutors, stated that on Wednesday, the 13th of Sep-
tember, 1843, he made up a parcel containing the sinister
of Bank of England, country notes and cheques, amount-
ing to 1,071/. 16s. 10d., which consisted of one
hundred and forty-six 5/, notes, and nine 101.
notes, with nine cheques. directing it to Messrs. Smith,
Payne, and Smith, of Lombard-street, London. Having
made up the parcel he sealed it, and took it to the book-
ing-office at the George Hotel, Leicester, where he deli-
vered it into the hands of Mr. Henry Hacket, who was
then a clerk, for the purpose of having it forwarded to
London. The dexter halves of the notes he made up in
a letter, which he directed the same evennig in the
same manner, and put into the pst-office. lle did not
take the number of the notes, as it was net then the
custom, nor had he seen them since. Witness identified
the sinister half-note produced of the Bank of Englare,
for 51, dated the 2d of Nov., 1842, No. T. 0. 26,785
which passed through the Bank 9th t'f Sept., 1843 or
1844, but he could not tell which without referring to
the books; also the sinister half of another for 51, dated
2d Nov., 1841, No. S. P. 26,364, as having passed
through the bank on the 11th of Sept., but he could
not tell the year ; and a third for 5/., dated 16th of Feb..
1842, No. S. A. 83,413. passing the bank on the 13th of
September.
In cross-examination, witness could not say the notes
were part of the parcel that had been made up and posted
in the manner described.
Inspector Haynes informed the Court that as Pares
and Co. had indemnified the Bank of England for the
loss, they declined to interfere in the prosecution. The
same objection had been made by the Midland, and the
London and Birmingham Companies, on the ground that
the parcel had not been lost by their servants ; and as
to Smith and Co , they considered the expense too great,
which obliged him to get the evidence in the best way
he could.
Mr. Henry Hacket proved that in the month of Sep-
tember, 1843, he was bookkeeper at the George, in
'Leicester, and recollected the parcel being brought on
the 13th of September of that year, to be sent to London.
It was directed to Smith and Co., and after remaining
in his possession about half an hour it was sent to the
railway station by George Mason, the porter.
Cross-examined—He was positive about it, as it was
the only parcel on that day for London, and he entered
it on the book produced, for which as. 3d. was paid, but
he could not say by whom it was brought, and he gave a
receipt as for a banker's parcel.
George Mason having proved the delivery of the parcel,
George Wade, a porter employed at the Midland Rail-
way station, in Leicester, said he recollected receiving
the parcel from the last witness shortly after nine o'clock
in the evening, which he put in the usual place for par-
cels in the office, where it remained till the mail train
arrived, and then it was sent to London, having put it
in the bag himself. When he put the parcel in the office
he locked the door and put the key in another office, and
after returning from supper he found it in the same state
he had left it, and then he forwarded it.
Mr. JARDINE observed it was very serious to find such
important companies, for the purpose of saving expense,
refuse to come forward and assist the officers, which
would be the means of dispensing with the attendance of
several persons, which would not have been the case had
legal advice been taken, the object being to prevent a
recurrence of such robberies.
Inspector Haynes said the inconvenience was incalcu-
lable, for as the house of Pares and Co., had been indem-
nified, several tradespeople who could not afford it exe-
cuted orders to considerable amounts upon the receipt of
half-notes, being as a matter of course ignorant of any
understanding that might exist between the company
and the Bank of England.
The witness Wade being recalled, said the keys of the
parcel van were kept at the termini, and there was no
possibility of opening during the transfer by the guard,
who merely carried the way bill.
Mr. JARDINE said it would be well if more distinct
evidence as to the practices were given, in order to show
that no person could by any possibility get even at the
lock.
James Smith, foreman porter at the Euston-square
terminus, recollected the parcel coming to the station in
a very good condition, being sealed. He called it over
and handed it to another porter.
In answer to the Court, witness said the keys of the
Leicester van ho kept, and it was the universal practice
there should be no other key kept but at the other ter-
minus in London.
Mr. Thomas Greenhough, clerk to Smith and Com-
pany, identified the parcel produced as having arrived
on the 14th of September, 1843, wrapped in light-
coloured paper, on which he put a number. On opening
it he found it contained several pieces of waste paper,
and the outside cover of an old book produced, but no
bank-notes.
Mr. James Ball, another clerk, said that on the 14th
of September, he received a letter, directed to his em-
ployers, containing the halves of several country notes,
amounting to 8201., and also several cheques, amounting
to 2511. 16s. 10d. Witness here described the dexter
halves and their numbers, as spoken to by the first
witness.
Inspector Shackle stated that on Monday, the 30th of
December last, he apprehended the prisoner upon an-
other charge, and on searching him he found six halves
of the Eank of England notes produced, three for 10/.,
three for Si., being joined together to form three notes,
bnt having different dates and numbers, being the notes
missing from the parcel
John Draper, Jun., of the Globe Tavern, in Hatton-
garden, identified the prisoner as the person who came,
about the month of October last, to the house to request
some parcel containing guns would be directed to John
and asked if it had come, was
Moore, from Mr. Bradley, of Birmingham, which he '
he took it away on his
shoulder he called again, and asked
ex-
pected, and the housekeeper gave him permission in his
sot
toi
whenßle e o
presence. He never saw the pilsoner before, and in a
few days aft:r the parcel, as described, which was a long
deal box, arrived. It was heavy, and paid for, and the
answered.nfhrecooxamurt
Bleeding-
heart-yard, dd- myaer day the
r.
Bradley,
tdihln, en
and
prisoner, r ied f eshawo
ins
dear ramws , havingaffirmative,
avffe oprr r
one r) a s
lived
fored nt
if a letter addressed to Mr. John Moore had arrived
called for the beer.
Mr. Draper, wen., said 110 saw the prisoner only once,
when be took away the parcel i but or, reoeiyhjit •
cond letter he kept it, AA be understood 0--
fraudulent trldillegticSl

little short of 501.
The prisoner admitted having made away with the
work, hut alleged that he had been driven to it by the
persons employed under him, who got from him more
than he received, and reduced him to distress.
Mr. BROUGHTON said it was a most aggravated
case, and a person plundering his employer of even a
twentieth part of the property, under other circum-
stances, would be liable to transportation, but he
could only sentence the prisoner, under the Silk Act,
to three months imprisonment--a punishment wholly
inadequate to the offence.
MARLBOROUGH-STREET.
An information against Mr. Hunt, the proprietor
of Morland's Hotel, Dean-street, for keeping (as
alleged) his house open for the sale of liquors
after twelve o'clock on Saturday night, was heard
before Mr. Hardwick, the sitting magistrate.
Inspector Squires, of the C division, proved that he
went to the defendant's house about half-past twelve
o'clock on the previous Saturnay night, and on gaining
admission he went up-stairs, and in a room on the
first floor he saw nine or ten gentlemen seated around
a table, with refreshments before them. Everything
wore the appearance of a convivial and social meeting,
and one of the party was singing at the time witness
made his appearance. When witness entered the
room he was told by the company that the society
was a literary one, and that they were in their own
club-room. Witness went over the defendant's
house, but with the exception of one person before
the bar, and the gentlemen up-stairs, there was no
one in the house. The lights were also extinguished,
and the house was otherwise closed.
Mr. Duncombe, who appeared for the defendant,
said his answer to the complaint was, that the police
had intruded themselves into a place where they had
no business to show themselves. A number of lite-
rary gentlemen and artists of celebrity had for many
years rented rooms of the defendant. In these rooms
they established a club, the members of which met to
discuss subjects connected with literature and the arts,
and to refresh themselves with a social glass. They
had a right, he contended, to remain in their own
room as long as they pleased, and to be exempted
from the surveillance of the police. The information
could not be sustained against the defendant, he being
charged with "keeping his house open for the sale of
liquors after twelve o'clock on Saturday night," be-
cause the principal witness himself proved the house
for business purposes was closed, and that the only
part of the house in which persons were found was a
club-room, over which tho defendant had no control.
Besides, no proof had been given that liquors had been
served after twelve o'clock.
The proprietor of' the hotel proved by the boelca of
the club proceedings, that the room in which the ten
persons were found by the inspector was rented of
him by a number of gentlemen, who paid him a yearly
rent, and who had appropriated the room to the pur-
pose of a literary and scientific club.
Mr. HaanwicK said it had been distinctly proved
that the room visited by the inspector, although
forming part of the defendant's house, was in reality
in the nature of a separate tenement. The landlord
received a yearly rent for his room, and therefore
the right' of occupancy was entirely vested in the
members of the club. The renters of these rooms
had a right to use them for their own purposes, and
if they so pleased, to remain in them all night. He
must therefore consider that everything done in these
cluh-rooms was precisely the same as if done in the
next house, or any house not a public-house.
The members of the club had a perfect right to
indulge their convivial tendencies, but then, if the
landlord of the house supplied them with refresh-
ments after the hour of twelve on Saturday night,
the landlord committed an offence and was clearly
liable for having violated the provisions of an Act of
Parliament. The evidence before him went only to
show that a number of gentlemen were in their own
club-roomwith refreshments before them, but in a
case like the present he considered it was his duty, in
order to justify a conviction, to have proof that the
defendant actually served liquors after twelve o'clock.
Inspector Squires said he had a witness who would
prove that a person came out of the house with a pot
of porter after twelve o'clock at night.
Mr. Duncombe, with considerable warmth, pro-
tested against the course pursued by the inspector.
'Fhe inspector had closed his evidence, but finding he
had not stated enough to ensure a conviction, although
sworn to speak the truth, and the whole truth, he at-
tempted to re-open the case by introducing evidence
of a totally different character. Had the inspector
attempted such a proceeding at the Central Criminal
Court the judge would have instantly ordered him
out of Court.
Inspector Squires said he had only partly given his
evidence, when he was interrupted by the defence set
up by Mr. Duncombe.
Mr. HARDWICK said he actually thought the evlr
deuce on the part of the rolice had ceased otherwise