The Sun.
London, England, 1844-12-20 00:00:00

THE SUN, LONDON, FRIDAY MORNING, DECEMBER 20, 1.844.

nesses who had been examined yesterday were recalled
and re-examined, but their testimony did not vary in any
respect from that which was yesterday adduced.
Several other parties gave evidence of a material na-
ture, to account for the motives which in all probability
induced the murderers of the unfortunate man to take
away his life.
Downing, it appeared, was a man of notoriously bad
character, and had repeatedly been in gaol, sometimes
upon charges of poaching, on one or two of which
Cooper (the deceased) had appeared as a witness against
him. He was proved on more than one occasion to have
threatened, in terms devoid of much ambiguity, to wreak
his vengeance upon Cooper as soon as he was liberated.
The report of yesterday's proceedings comprises, how-
ever, all the material evidence against the prisoners,
which we have given more in detail than ordinary, in
consequence of the peculiarity of the circumstances,
which scarcely admit of being intelligibly arranged in
the form of a narrative.
Upon the close of the case for the prosecution, Mr.
Allen rose to address the jury on behalf of the prisoners,
which he did with much care and ability ; and Mr. Jus-
tice Coltman thereupon proceeded to sum up.
It was three o'clock, P.M., before the Learned Judge
commenced this arduous and responsible duty, which
was discharged with the greatest impartiality. His Lord-
ship detailed in order all the various minute particulars,
dwelling carefully upon those which were material, and
pointing out a probable solution to difficulties and appa-
rent inconsistencies, which might arise in the course of
the deliberation upon which the jury had to enter, ar-
ranging, at the same time, with perspicuity and clear-
ness, all those facts which bore with the greatest weight
upon the case, as well as those which in any way tended
to exculpate the prisoners.
At five o'clock precisely the jury retired to consider
their verdict, and in three quarters of an hour returned
into court, when they pronounced both the prisoners
Guilty.
. _ _

house. He told me, in August, he had 2,0001. in the
Funds. On the Ist September he said he would have
some money next week. He said his friend George
was going to sell out. Elder was a man of about
fifty years. He was stout and tall.
Cross-examined—I heard of this forgery on the
9th. I told Forrester on that day all I have stated
to-day. I was not examined at the Mansion-house.
James 'Wilkinson examined—l am a stable-keeper
in Portman-mews. I let out carriages to hire. The
prisoner hired a phaeton on the 3d. I saw Elder at
the corner of the street when the prisoner took away
the phaeton. Elder was about forty-five years of
age. The prisoner said he wanted a strong carriage.
John Warren examined I keep the George
Townsend public-house in Oxford-street. A person
named Joseph Elder lodged there up to September.
The prisoner used to visit there frequently in the
beginning of September. On the 3d, about three
o'clock, he took leave of me.
William Drake examined —I was, on the 3d of
September, at the corner of Portman-street, Oxford-
street. I saw a one-horse open carriage drive along.
The prisoner was driving it. He asked me to go
along with him—that he wanted some person to
bring the horse and phaeton back to Mr. Wilkinson's.
I went with him to several places. He used to leave
me outside when he went into the places we called
at. I saw a large parcel in the phaeton, and two
others which he brought from Mr. Shackleton's.
He then went to the Coach and Horses in St. Mar-
tin's-lane, and I took the phaeton to Mr. 'Wilkinson's.
Arness examined—l am a coachman. I know
the prisoner and Elder. They came together to my
house on the 3d of September.
Ben Caunt examined—l keep the Coach and
Horses in St. Martin's-lane. About a week before
the 3d of September the prisoner came to my house,
dressed in a white coat and a pair of top-boots. He
said he had a farm in the country which he would
sell and go to America. He said he would have
8,0001. or 9,0001., and would have six soldiers to
guard him. He asked me if I could give him a private
room, and he would pay me well. I said I would if I
could. He came two or three days afterwards with a
portmanteau and three bags. The portmanteau was
taken into my bed-room. The portmanteau produced
is the one which was left at my house. The prisoner
called at my house on the 3d of September, but I was
not at home.
Robert Caunt proved that the prisoner and a soldier
came to the Coach and Horses on the 3d of Septem-
ber. They had a carpet-bag. The prisoner and the
soldier took it in. It appeared to be very heavy.
'They took it into the room. I heard a jingle in the
room, and I looked through the curtain. I saw that
it was gold. Some of the gold got loom, and Burgess
was taking it out of the carpet-bag. There were two
canvas-bags in the carpet-bags. I asked the prisoner
where he was going with so much gold. He said he
was going to put it into the Edinburgh Bank. Elder
came in afterwards. The prisoner asked me where
the portmanteau was. I said it was locked up in my
brother's room, and he was out. Elder said if money
could get it they should have it. The lock of the door
was picked, and the portmanteau was brought down.
The canvas-bags were put into this portmanteau.
Elder went for a cab, and when it came he pressed
the prisoner to go, saying that if he did not, he would
go without him, as his time was up. Burgess paid
about 3/. for wine and other things. The prisoner and
the soldier took out the portmanteau, and Elder and
the prisoner went into the cab.
James Gingle, a soldier in the Foot Guards, was
called, and corroborated the statement of the last
witness.
John Hughes, who had been at the Coach and
Horses on the 3d, deposed to the same facts.
George Benbow, porter of the Mersey Hotel, Li-
verpool, proved that the prisoner and another person
came to the hotel early on the morning of the 4th.
They asked for a private room, where their luggage
would be safe. They had a portmanteau, which was
very heavy. In the course of the day the prisoner
asked me to take the portmanteau to the Britannia
steam-ship. I put the portmanteau into a small-boat.
Jchn Hewitt examined—l am the Captain of the
Britannia. I sailed from Liverpool about half-past
twelve o'clock on the 4th. I was not aware for three
or four days that the prisoner was one of the pas-
sengers. There was another person with him. He
was an elderly person, of about 45. They went by
the name of Ellis. The prisoner called the other
person uncle.
John Forrester examined—l received a warrant
for the apprehension of Burgess and Elder. I went
to America with Mr. Bord, of the Bank of England.
I landed at Halifax. I then went to Boston. Elder
passed there under the name of Ellis. I took him on
the 31st of October. On his coming home about one
o'clock I showed him the warrant, and said, " Your
name is Joseph Elder." He said, Yes. I then took
him, and found 400 sovereigns in the black trunk. I
found some cards with the name of " Ellis." I found
some letters addressed " Joseph Elder." I then pro-
ceeded in search of Burgess. I found he was about
fifteen miles from Boston, at a small village. I was
accompanied with an American officer, and I stopped
there that night. On the following day I went back
to Boston, and on the next day I went to Brew-
ster's Island, which is about 11 miles from Boston.
I found the prisoner there in a wooden cottage. I
knew him before. He said to me, " How are you,
John ?" I said, " I am very well, and lam very
sorry to see you in such a situation." He
said, "So am I; but it can't be helped now,
old fellow." We then went away. IVhen in
the boat he said, " 'Where is Elder ?" I said, "11.
made away with himself." He said, " Well, I think
he was a fool for that ; he might as well have seen it
out." I got the carpet-bag now produced after the
prisoner was secured. At Nahant 120 sovereigns
were handed to me by the American officer. I brought
over 6,5001. to the Bank. I brought it from Mr.
Blackford, the agent to the Bank of England. The
prisoner said there was money at the Merchants'
Bank of Boston, and he would be glad to sign it
over to the Bank of England.
Mr. Sharpe, of the Bank of England, proved that he
posted the transfer of the 6,5001. into the ledger book,
to the credit of Muspratt, Story, and lVhiting.
The case for the prosecution having closed,
Mr. BODKIN addressed the jury on behalf of the
prisoner, and begged their attention, in his opinion
already too long occupied by the prosecution, to the
few observations he felt bound to make on behalf of
the accused; but before coming to his defence, he
felt bound to make some comments upon the mode in
which this prosecution had been got up. In this
country it was customary that the accused should be
furnished with a copy of all the evidence against him;
but in this instance there were several witnesses pro-
duced who were not examined at the Mansion-house,
and whose evidence was altogether new. He thought
it unworthy of a great body like the Bank of England
that they should adopt such a course. The Learned
Gentleman then went on to say, that the prisoner was
now on his trial for uttering a forged transfer, well
knowing it to be forged. Now, to constitute this
crime it was necessary that he should have control
over it for some tune, and that he should have given
it to another person ; but he contended that
there was nothing in the evidence to show that the
prisoner had at any time control over it. The next
point was, that the prisoner might have believed the
stock was really Elder's, who might have put it in
under the name of Oxenford, which was sometimes
done ; and if that were so, he might have witnessed
the name of Elder without committing any offence
under the Act of Parliament under which he was tried.
And if he was a party in the hands of Elder, it might
be easily supposed that, having done this, he would
have cast himself into the hands of his betrayer, and
his subsequent conduct would be thus explained.
The Learned Gentleman dwelt at some length on the
various circumstances of the case, and laboured to
show that they would be quite consistent with the
view in which he was presenting the transaction to
them

him out of the country for life ; he however did not in-
tend to transport him fur that period, but for the term
of ten years.i
Mary Banks, an unfortunate girl, was charged with
having stolen four half-crowns, five sixpences, and a gold
ring from the person of James Barratt, a private in tal,
Royal Marines, stationed at Woolwich, on the sth of
December last.
It appeared that the prosecutor and the prisoner had
been drinking together on the evening in question, and
that, after drinking a quantity of malt liquor, a portion
of which he thought was drugged, he became uncon-
scious, and accompanied the prisoner to her lodgings.
had produced a purse containing the property in her
presence. Some of the money was found on her.
The prisoner, in her defence, said that the prosecutor
gave her the purse to take care of, as be was incapable of
taking care of it himself.
The RECORDER said the jury would have to consider
whether he gave her the money to take cure of; or whe-
ther she took it from his person with the intention of
stealing it.
The jury returned a verdict of Not Guilty.

POLICE INTELLIGENCE
(YESTERDAY.)

BOW-STREET.

POST-OFFICE ROBBERY. —An elderly man of respect-
able appearance, named Robert Hobson, who keeps the
receiving-house at Walthamstow, was placed at the bar
before Mr. Jardine, charged with stealing the postage of
a letter, the property of the Postmaster-General, under
the following singular circumstances:—
Mr. Peacock conducted the prosecution ; and Mr.
Swan, a solicitor, appeared for the prisoner.
Mary Carter, a widow, residing with her brother, at
the Cock public-house, March-street, Walthamstow,
stated that on Saturday last, about eleven o'clock in the
forenoon, she took to the post-office the letter produced,
addressed "John Carter, seaman on board the Samuel
Boddington, Captain Knock, master, Calcutta, or else-
where;" and, having seen the prisoner, she delivered it
to hint with ls., which he said was the amount of the
postage. He then stamped it " Walthamstow," and
after marking with red ink "paid one shilling," he
placed it in a drawer under the counter, upon which she
left the shop; but a few minutes before twelve o'clock
she was called upon by the prisoner's son, and in con-
, sequence of what ho told her she gave him 10d. more,
which he took away. 'When she delivered the letter to
the prisoner, she told him she wished it to be dispatched
by the next mail to India, which would be the 15th of the
present month, and on the same afternoon, having seen
Holmes the letter-carrier, she made a communication to
him respecting the letter.
In cross-examination, witness said the distance from
her house to the post-office was not more than five
minutes' walk. There was no money in the letter, and
the boy made no observation when she gave him the
additional 10d.
George Holmes said he recollected having seen the
last witness about two o'clock on the afternoon of Sa-
turday, at the public-house, and in consequence of what
she told him respecting a letter addressed to Calcutta,
he spoke to the prisoner at the Post-office on the follow-
ing Monday, saying he had to make inquiries about a
foreign letter, at the request of a lady, for the purpose
of ascertaining if the postage of ls. 10d. was correct,
and if he had sent his son for the extra charge, to which
he replied, it was correct, and his son had been sent by
him. Witness said the lady was very anxious about the
letter going at the proper time, and inquired by what
collection it went. The prisoner said he had sent it by
him (witness), which he knew was not the case; and hay-.
ing denied he ever had it, the prisoner said he sent it at
the right time by Reeves, another carrier. Witness was
then about to leave, and the prisoner said, " Please to
tell the lady I have added the 10(1., or she may
think I have been robbing her." Witness's duty was
to go to the Walthamstow post-office every day at half-
past three o'clock, for the purpose of taking the letters
to the post-office at Whips-cross, where the bags are
made up and put into the London bags, to be forwarded
to the chief office ; and previous to his having the con
versation with the prisoner, on the 16th, he had collected
the letters, and the one produced was not among them.
He had also collected the letters on the 14th, and was
positive no such letter was among them. On Saturday,
when the prisoner gave him the letters, he also handed
him the bill, by which it appeared there were fifteen let-
ters, the postage of which amounted to ls. 4d.; and on
Monday there were twenty-four letters paid, the postage
amounting to 25., as appeared by the prisoner's hand-
writing in the bill.
Cross-examined—The postage of the respective letters
was not specified, but the entries were made in the gross
amount, and he bad collected from the prisoner about
two years, the time he kept the receiving-house. When
he spoke to him about the lady, he showed him a printed
paper on the wall, that had been furnished by the post-
office in consequence of his having on other occasions
charged too little postage.
Mr. Sculthorpe, a president of the Twopenny Post-
office, said that on Tuesday he went to Walthamstow to
make inquiries, and the prisoner said he had sent it by
the twelve o'clock dispatch ; but on showing the letter
bill, he said he must not have sent it on that day, as his
boy did not return till the post left. He was then asked
if he had sent it on the Monday ; and he replied he had
delivered it, with the others, to the carrier, which was
not the case, as appeared by the bill of that day. The
officer Peake was then called in, and on making a search
the letter produced was found in a drawer with the pri-
soner's private letters, which his wife said he must have
put there for extra care.
Mr. Swan said the prisoner had carried on business as
a grocer at Walthamstow for the last thirty years, with
an irreproachable character ; and he hoped there would
be no objection to accept of bail for his future appear-
ance, which he could procure to any amount.
Mr. JARDINE said, as the prisoner would be brought
up again to complete the evidence against him, he could
not, at the present stage of the proceedings, consent to
accept of the bail.—The prisoner was then removed.
WORSHIP-STREET.
POLYGAMY.—Thomas Bartholomew Imbert, alias Ste-
ven; a respectable-looking middle-aged man, described
as a colour manufacturer, was charged with having in-
termarried with a young woman named Abigail Isted, he
having no fewer than four other wives then living, but
one of wham had since died.
It appeared that the prisoner was apprehended in
consequence of instructions from Mr. George Wilson, a
parochial officer, of Mile-end New Town, the father of
the third wife, who had circulated handbills, offering a
reward for his apprehension. The prisoner was married
to Miss Wilson on the 30th of July, 1838, but he deserted
her some time after, and was in consequence apprehended
and brought to this Court, when an order was made
upon him to allow her a weekly maintenance, which he
did fora short period, and then absconded altogether.
Searching inquiries were made after him, in the course
of which it was ascertained that at the time of his mar-
riage to the prosecutor'sdaughter he had tWo other wives
living, the first being the daughter of a person named
Grimsdale, and the second a young woman named An-
drews, residing at Walworth. Information was at
length received that the prisoner was living in East-
street, Kennington, with a fourth wife, whom he had
subsequently married, and the officers, Holland and
Rowland, proceeded to that address, and took him into
custody, while he was engaged in making preparations
for starting into the country that night.
The officer Rowland produced certificates relating to
two of the marriages, the last of which was solemnised
at Islington Church, on the 3d of January, 1842 ; and
the witness stated that he had also in his possession a
mass of amatory epistles, which the prisoner had ad-
dressed to the unfortunate young woman he had so
heartlessly beguiled.
The fourth wife, Abigail Isted, was in the first in-
stance charged, in conjunction with the prisoner, with
robbing their furnished lodgings at Kennington ; but as
her evidence was considered essential to establish the
more serious charge against him, the magistrate directed
her to be removed from the bar, and received as a wit-
ness. The third wife, a very good looking young woman,
was also present, but her evidence was not taken.
The prisoner (who declined saying anything) was re-
manded, to enable the officers to obtain further evidence
to substantiate the case.
THAMES POLICE.
EXTRAORDINARY CHARGE OF RODSERY.— Thomas
Smith, a master shipwright and barge builder, of Mill-
wall, Poplar, where he has carried on business for many
years, and has long been considered a man of good re-
pute, was brought before Mr. Broderip on a charge of
stealing a quantity of deals, the property of Mr. Thomas
Fossey, timber-merchant of the same place, and Mr.
Snook, a ship-builder.
Mr. Pelham attended on behalf of the prisoner.
It appeared from the evidence that Mr. Fossey and
Mr, Snook had recently missed deals from their pre-
mises, and the prisoner had been transacting business
at both places. On the 2d instant a barge load of pine
planking and deals were landed on Mr. Fossey's wharf,
On the ith he missed several. About that time deals
were lost from Air. Snook's premises, and the prisoner,
their neighbour, was the last person suspected, until
Saturday last, when a remarkable circumstance led to
suspicion falling an the prisoner. A person named Phil-
pot, a manufacturer of patterns and castings for ongi-
neers, sent five nieces of timber to Fossey to be cut
up into smaller pieces and planking, and Mr. Fossey
immediately identified four of them as his own pro-
perty. One was a pine plank, another a spruce bat-
ten, and two others Swedish deals, and very bleak,
in consequence of their having been confined when
they were green. The other turned out to be
ono of' the deals stolen from Snook's yard. Mr. Fos-
sey subsequently :waited upon the prisoner, who said
that a man named Tom Kent picked up the deals and
sold them to him, and took the prosecutor to several
places under pretence of finding the party, but 11,44 un-
able to do so. The prisoner afterwards informed Mr.
Even% e 'Themes police-inspector, that he had known
Ifeinti for two or three years, and that he worked for
Gabriel on the Regent's Canal, and that lie gave him 12s.
for four deals, the price at which he disposed of them to
Mr. Philpot. It afterwards transpired that the prisoner
had sold eight deals to Mr. Philpot, and he produced a
receipt for 123., signed " T. Kemp," for four of +J;, deals.
There was a great mass of gitience against the pri-
soner, /Ind the thsais weisa clearly identified by Mr.
Vosscy, and by a sawyer in the employ of Mr. Snooks,
as having been stolen from their premises. Others fe'end
in a boat adjoining the prisoner's v.:laFi, by Inspector
Webb, of the Thames also identified by the
eama paleies, while no such person as Tom Kemp could
be traced.
In eross-examination by Mr. Pelham, the proS,pairtpF
(Fossey) said he had known Mr. Smith for many years,
and heel hitherto o,msidereci him a respectable man, in-
ttpable of Etcting dishonestly.
Mr. Pelham said the prisoner would decline saying
anything at present.
Mr. 13RODERZY said he should commit the prisoner
fur trial, but as some further evidence was required to
complete the case, ho would !tang t.ctecle4 Ti;e4,
dat' nut.