The Sun.
London, England, 1845-12-30 00:00:00

TIE SUN, LONDON, TUESDAY _EVENiI

quired, was, by order of the proper authority, closed on
the 12th of September, 1845, for the purpose of being
taken down and rebuilt.

LAW INTELLIGENCE.
COURT OF BANKRUPTCY, Dec, 29.
(Before Mr. Ccmmissioner SHEPHERD.)
IN RE ROBERT HUGHES.
' The bankrupt in this case, who was described as of
Piccadilly, upholsterer, applied to-day for his certificate.
Mr. COOKE, who appeared on the part of a Mr. Smith,
a creditor for 400/., stated that, according to the balance-
sheet, which ran over a period of five years, his debts
amounted to 8,331/. lie.; and debts owing to the bank-
rupt, about 650/.; capital, 2,0111.; profits, 2,6031.; trade
expenses, 2,3001.; domestic expenses, 5,1661. 85. I Id. ;
losses, 4,601/.; and there were also for interest, die-
counts, and allowances to customers, a sum of 2,049/,
which, in fairness, ought to be deducted from the profits,
so that they only amount to 6001. in five years. The
bankrupt's books were kept accurately, so that at any
period he had an opportunity of seeing the state of his
affairs; and also whether he was trading upon the pro-
perty of his creditors. It might be said that a man has
a right to go on with a business with the hope that it
would ba more profi:ab!e one year than it was another ;
but a man is not justified in speculating with the money
of his creditors. He (Mr. Cooke) hoped that the Court,
considering that the bankrupt had been selling goods at
a: loss by public auction, in the years 1840-41-42, and
1845—that his books being accarately kept, were strong
evidonce against him that he was a reckless trader,
would suspend the allowance of the certificate for such
time as might be considered necesary.
Mr. Lucas, who appeared as counsel for the bank-
rupt, said that a man carrying on a successful business
for about fifty years, until competition prevented him
from continuing to do so, could not be considered a reck-
less trader. Some of the splendid articles made by the
bankrupt, which adorn some of the noblemen's houses,
were obliged to be sold for less than one-half their
value, in consequence of competition. If a bankrupt did
not keep books he was blamed, and when he did, as was
the case with his client, he was also blamed. That
could not be considered a fair argument. As regarded
the expenses, which were certainly large, the bankrupt
had heen in the habit of gradually decreasing them. He
could not do it all at once, for if he did his credit would
fail. His (Mr. Lucas's) client was not to be treated as
one of the rogues that appear before this Court, who
had got property from their creditors by fraud, and dis-
posed of it in which way they pleased.
The Learned COMMISSIONER, considering that the
bankrupt had not been guilty of fraud, carelessness, or
profligate abuse of his creditors' property, said he was
entitled to his certificate.—Certificate granted.

POLICE INTELLIGENCE.
MANSION-DOUSE.
;qr. [lorry, of the Central Criminal Court Bar, ap-
peared, upon the part of the proprietors of a paper called
Bradshaw 's Railway Gazette, to represent certain mat-
ters connected with what was designated the Great
European Railroad Company. He did not, he said,
mean to apply for a summons, or for any formal legal
proceeding, as anything of that description could not be
quick enough to overtake the mischief of which he com-
plained, and to which the public are subjected by the
attempt to comnit an enormous European imposition.
As notice had been duly served upon the parties to whom
he referred, he should speak, most unreservedly, on the
merits of the question. The proprietors of the com-
pany had been advertised in several newspapers, but the
shares, if ever any appeared, were never quoted any-
where except in the Iron Times. Amongst the papers
in which the advertisement was published was the Times,
and that establishment was, he had no doubt, paid for the
insertion ; but Bradshaw's Railway Gazette had never
received one farthing, and it was in the vain attempt to
obtain payment that the whole affair was found to have
nothing like a bona fide foundation, although the pro-
jectors professed their object to be to bring out railways
all over the world, especially in that tract which ap-
peared under the head of Europe. The necessity for
inquiry having most unequivocally exhibited itself by
the refusal to liquidate the just demand, application
was made to tne office in St. Helen's-place, where the
messenger was informed that it was necessary to write
to the secretary upon the subject. A letter was ac-
cordingly written to Mr. Edmund Smith, who called at
the office of the Railway Gazette, with the information
that the letter had been laid before the Board.
The LORD MAYOR—Who is Mr. Edward Smith ?
Mr. Adams, who was stated by Mr. Horry to be in the
employment of Mr. Bradshaw, the proprietor of the
Railway Gazette, stated that Mr. Smith was the secre-
tary to the company.
The LORD MAYOR—Where does he come from ?
Mr. Adams—Nobody knows.
Mr. Horry proceeded—lnquiry was made at the Re-
gistrar-office, and it was there stated that the only per-
son registered for this great European Railroad Com-
pany was Mr. Edmund Smith, gentleman, of Great
Queen-street, Lincoln's Inn-fields.
Mr. Adams—That Mr. Smith constitutes the board
and the officers of the company in his own person.
Mr. Horry said a promise had been for a considerable
time held out that the names of the provisional commi-
tee should be published, but it never appeared that there
ever was such a character in the company as a provi-
sional committeeman, or a solicitor, or a banker ; and
the project was utterly unknown on the Stock Exchange.
The LORD MAYOR-But how can it be said that any
fraud has been practised ? I cannot see how. Have
thee received money for shares ?
Horry—ln all probability they have, but I cannot
say positively. The Times newspaper, no doubt, would
not insert the advertisement without the money, so that
the inference is, that shares have been paid for ; but the
project does not appear in any of the authorised lists of
the Stock Exchange. Notwithstanding that, nothing
can be heard of the company. The Iron Times quotes
the shares at a premium, the inference from which is that
an attempt is being made to give them a fictitious value
for the purpose of obtaining purchasers. It is proper to
observe, that Mr. Adams, after having repeatedly called
at the office for payment of the demand, which amounted
to 251.. was surprised at his first visit upon seeing posted
upon the door his own name, under the designation of a
bankrupt who failed in 1832.—(A laugh.) Now, he never
in his life had been a bankrupt, so that it was quite evi-
dent that the notice was intended to show to what the
parties were disposed, in order to check the importunity
of claimants.
Mr.' Adams—l went to Mr. Groom, the official as-
signee, and asked him whether I was the person meant
in the notice, and he said, " Certainly not ; the person
meant is dead."
The LORD MAYOR—Have you given notice to the
proprietors of the Iron Times to attend here ? Mr.
Horry—No, my Lord.
The LORD MAYOR—Perhaps they can give you some
information about this company. You certainly ought
to have sent intimation to them of what you intended
to do. No doubt they will inform you as far as they
are able.
Me. Homily—We shall adopt your Lordship's sugges-
tion, by all means. We gave to the company distinct
notice of what we meant to do, and they have not ap-
peared.

ere Mr. Edmund Smith, who had been near the
witness-box all the time, requested to be heard. He
was, he said, the Mr. Smith alluded to by Mr. Horry,
who had come forward, charged with a monstrous batch
of falsehoods against the Great European Railway Com-
pany. He (Mr. Smith) was the private secretary to the
promoters of the company, and his was the only regis-
tered name for the company, which was not likely to
suffer from that circumstance, andalthough he was not a
professional man, he could clearly show into what errors
the Learned Counsel, who was so unworthily engagedin this case, had fallen. He wished to be cautious in
the language he used before the Chief Magistrate of
the first city in the world, but he must say that a more
thorough-born ruffian than had come forward to sub-
stantiate a complaint against respectable men, from
whom he had endeavoured to extort money, never be-
fore appeared.—(A laugh.) It was false to insinuate
that the company were without funds, or had raised
funds by improper means. It was false to say that
there was no provisional committee ; and all the other
assertions made to the prejudice of the gentlemen en-
gaged in the company were equally without foundation, and
the offspring of a spirit of intimidation and unjust exac-
tion. The collector of Mr. Bradshaw had called at the
office with an unjust demand. To pay the sum of
20,0001. was with them a matter of no difficulty ; but
they were determined to pay none but just demands.
They had very recently paid 2,0001, and they were ready to
liquidate every farthing for which they were, in fact or
in honour, responsible. But it had been said that there
was no provisional committee. He had the list in his
hand, and he would show it to the Lord Mai or, but
neither Mr. 'lorry nor Mr. Adams should see it, for he
knew that the respectable names in it would be handed
over to unfair applicants for money, and subjected to
litigation by lawyers who derived advantage from harass
ins gentlemen. The Lord Mayor would know a great
many in that list, which contained names of great landed
proprietors, esquires, baronets, aldermen—(Laughter)—
lieutenants, and deputy-lieutenants of counties, clergy-
men, magistrates, and officers in the army and navy, and
directors of the East India Company. A more respec-
table provisional committee could not in fact by any
possibility be formed, but then they would not tolerate
any extortionate demand.
Mr. Horry—Mr. Adams will abandon the account alto-
gether if you prove that you have a respectable provi-
sional committee. It is not by the production of a private
paper to the Lord Mayor that you can prove a fact of
this description.
The LORD MAYOR (to Mr. Horry)—Why, if Mr.
Bradshaw or Mr. Adams have this claim, are not law
proceedings commenced ? It appears that there are
funds

Mr. Adams.—lt is not worth the trouble. There is
no use in going into a court of law. lam the publisher
of Mr. Brachhaw's paper, and; we had the order from
Mr. Smith to insert the advertisement.
Mr. liorry—lf you aro satisfied that it is a bona fide
provisional committee, we shall throw up the 25/,
The LORD MAYOR—WeII, it is a mere matter of
doubt, and a remedy is to be found, if the claim be just,
in the Mayor's Court, in which I have been told there is
a greater quantity of business since !advised that alterna-
tive than has ever before been known.
Mr. Smith—To show the bona fide nature of the co;tn-
pany, the provisional committee of which it is consi,:iered
necessary for obvious reasons to keep private at present,
we are ready to defend any action if the paymfmt of the
costs on the other side be secured. If Mr. Bradshaw
will pay down 100!. into the hands of the Lord Mayor,
or any other gentleman, we shall do the same, and we
shall defend the action.

The LORD MAYOR—I shall have nothing to do with
it.—(A laugh.)
Mr. 'lorry (to Mr. Smith)—ls your company regis-
tered ?
Mr. Smith—Provisionally it is.
Mr. I-lorry—Ay, but by you alone?
Mr. Smith—By use alone. There wgs policy in that.

Mr. lorry—No doubt of that at all.
Mr. Smith—There was, for while every fellow of the
profession is running about hunting up actions upon
every complaint, I do not chose to expose those by
whom lam employed to all such annoyance. It is our
intention to submit this demand to one of the protection
societies which have been established, but I am willing
to submit the case to three newspaper proprietors, and
if two of them decide against us, the demand shall be
paid.

Mr. Adams had no more faith in the company at the
end then at the commencement of the case, and declined
to hazard any money in an experiment which appeared
to him to be not more substantial than the dream of a
shadow.
The LORD' MAYOR repeated that the complainant had
acted injudiciously and uncandidly, in not applying to
the proprietors of the Iron Times before he applied at
the Mansion-house, and he stated, upon looking over
the paper handed to him by Mr. Smith as a list, of the
provisional committee of the Great European Railway
Company, that it certainly abounded with highly
respectable names, and that many of the gentlemen
described were his intimate friends.
It may not be amiss to observe that the Great
European Railway Company has for a considerable
length of time, veld even during the panic, been con-
stantly advertised in a number of newspapers, and that
from the first it excited the greatest surprise and laughter
on account of its glaring impractibility.
The Lord Mayor received the second half of a Si.
note, emtributed by Z. A., and 21. from A. 8., and 11.
from C. B. for the poor-box.
GUILDHALL.
A young man, named W imam Robinson, was brought
before Mr. Alderman Challis, charged with breaking
into a shoemaker's stall, in Harp-ally, Shoe-lane, and
carrying off all his tools and work.
George Ayliffe, the shoemaker, stated that he resides
in the Old Bailey, but carries on his business at the stall,
which has no communication with the internal part of
the house, but was secured with a strong padlock. On
the morning of the 23d he found that it had been
broken open, and plundered, and after consulting with
the police, he went into Field-lane, to ascertain if any of
his stock of old boots had been offered there. While he
was in the lane the prisoner came up to him, and asked
if he wanted to buy any tools. Witness told him he did,
and upon seeing the contents of the prisoner's bag, he
recognised the tools as his own, with some additions.
lie gave the prisoner into custody. There was another
man in his company, who escaped.
The prisoner had bean remanded, that the police might
make some inquiries about him.
The prisoner's statement was that he was walking
about the street all night in a state of distress, and had
the good luck to find the bag of toolsking in a corner in
Farringdon-street.
The prisoner had not been seen loitering about the
neighbourhood.
Mr. Alderman CHALLIS, finding the prisoner was net
known to have been in custody bfore, concurred with
Sir Chapman Marshall in punishing him summarily for
not satisfactorily accounting for the possession of the
stolen property.
The prisoner was committed to Bridewell for two
months.
Thomas Geary, an Irish labourer, was charged by Mr.
Mortlock, the master of the East London Union Work-
house, with making himself wilfully chargeable to this
parish, while he was able to maintain himself.
'"The master stated that the prisoner came in on Sun-
cla,y evening, and was accommodated with the casualty
ward board and lodging, and upon searching him before
he left in the morning, ls. 11d. were found in his
pockets. He was therefore given into custody as an idle
and disorderly person, who being able to maintain him-
self, refused to do so, and became chargeable to the
parish. He suspected that he had been recently passed
to Cork at the expense of the public, and the captain
had given him a free passage back to England, that his
passage home might be paid a second time by the public.
From conversations he had held with paupers, he be-
lieved this was sometimes done.
The prisoner declared he had not been passed to Ire-
land before in the course of this year, though he wished
to be passed now. He had been jobbing about, and the
money found on him was the remainder of a half-crown
which had been given to him at Liverpool. He had
lately been lodging in St. George's in the East, but the
parish would nut pass him.
Mr. Alderman CHALLIS asked the master if he was
prepared to prove that the prisoner had returned after
being passed by the City ?—The master admitted he
could not.
Mr. Alderman CHALLIS thought a man might be a fit
object for a night's shelter and a meal, who was not ab-
solutely pennyless, and the sum found on the prisoner,
who was travelling about, was not so great, that he ought
to be punished as an impostor. He had not worked or
resided in the City so as to be entitled to a free passage
home.—He was discharged.
CLERKEN WELL.
John Walker, a tradesman residing in Gray's Inn-
lane, was charged with beating and wounding police-
constable 154 G, and Eliza, his wife, and with threaten-
ing to murder ker.
The evidence of the constable went to provo that
between eleven and twelve o'clock on Saturday night he
heard cries of Murder:: and screams, proceeding from
a bed-room in the prisoner's dwelling. He went there,
and upon forcing open the bed-room door, saw him
standing over his wife, who was lying prostrate, bleeding
from the head. He swore he would murder her. She
had numerous marks of violence on her person—there
were five wounds on her head and breast. The con-
! stable advanced, and the prisoner aimed a desperate
blow at his head. Fortunately the officer turned his
head aside, but the weapon descended with such violence
on his shoulder as to make him reel. Seeing that the
prisoner was bent on murder, he struggled hard to wrest
the poker from him, but before he could do so, the pri-
soner jobbed it twice into the back of his head, pro-
ducing one severe, though not a dangerous, wound
behind his left ear. Assistance came, and the fellow was
secured.
The poker, which was produced in court, was consi-
derably bent from the violence of the blow which he
inflicted on the officer.
The wife, who was very weak and depressed in spirits,
said the prisoner had often threatened to murder her,
and it was her firm belief he would, if not restrained,
carry his threat into execution.
Mr. BURRELL who presided, asked the prisoner what
he had to say ?
The prisoner surlily replied—" Nothing."
Mr. BURRELL fined him SL, or two months' imprison-
ment, for the assault on the officer ; one month's im-
prisonment for the assault on his wife ; and to find
sureties in 501. each, to keep the peace towards his wife.
The half of a 51. Bank of England note has been re-
ceived from A. J., the donor promising to send the
second half when the receipt of the first was acknow-
ledged in the newspapers.
QUEEN-SQUARE.
Charles Blundell, described as a barge- builder, was
charged with the following gross misconduct:--
From the evidence adduced it appeared that the de-
fendant went, on Saturday evening, into Mr. Coultas's,
the Wheatsheaf, Lower Grosvenor-place, and remained
for a considerable time in front of the bar, during
which he applied the most offensive language to the
proprietor.

1 - A solicitor, on the part of the defendant, expressed his
client's regret at what had occurred, and tendered his
apology for the language which had been used.
Mr. Coultas did not wish to aggravate the case by any
further observation, and
Mr. BOND, having lectured the defendant severely
upon the gross impropriety of his conduct, said that as
he appeared deeply to regret his misconduct, and had made
the utmost apology in his power, he should discharge
him on his entering into his own recogaizsnces to keep
the peace for a twelvemonth, and his putting something
into the poor-box.
Defendant entered into the required recognizances,
and unwillingly contributed half a sovereign to the cha-
rity fund.
Mary Anne Barley, a coal-shed keeper, Duck-lane,
was charged with selling beer without a license.
The complaint, is hich had been laid by order of Mr.
Bond, arose out of an alleged assault, committed by a
man named Wilson upon Cornelius Callaghan. In the
course of that inquiry it appeared that, at half-past one
on the morning of Sunday week, Callaghan and an:ac-
quaintance went to defendant's, and, in a back parlour,
in which there were about forty people drinking, were
served with a pot of beer, for which sd. was charged.
Mr. Woolfe, who attended on behalf of the defendant,
and cross-examined the witnesses for the prosecution,
submitted that it was small beer that she retailed at
her shop, and that no sale had taken place in this in-
stance.

Mr. Box]) said he should take into consideration that
defendant had not been beforo convicted, and fine her 21
The fine was paid.
On Saturday 21. was received from Mr. Coultas, of
the Wheat-sheaf, Lower Grosvenor-place, fur the poor.
box.

MARLBOROUGH-STREET.
Messrs. Perry and Lance, pawnbrokers, No. 51, Old
Compton-street, were summoned before Mr. Maltby by
Charles M'Callan, of No. 15, Jewin-street, Cripplegate,
for taking the sum of one penny more than lawful in-
terest for one month's use of 4s.

The information was supported by three witnesses,
Margaret Hezelton, William Andrews, and James
Nicholson, who swore that sd. was demanded and taken
for one month's interest on 45., the lawful interest being
only 4d. _

Air. Humphreys, who appeared for the defence, cross-
examined the witnesses very closely, and elicited se-
veral discrepancies. The witness Margaret Hezelton
admitted that she had appeared as a witness for M.Tal.
lan several times, that she had heen discredited fre-
quently, and that her wages from MiCallan vac 3s. 11,-
day,
__

Mr. Humphreys said, the contradiction he had brought
out would, in his opinion, be a sufficient answer to the
case
were some circumstances connected
with' but as there
whieh
the
the informatiu public ought to be ptt
in possession (It', he should proceed to produce hts evi-
dence,, thus not only to afford a complete contradic-
tionzatnhe merits of the case, but to show the motive
vfaich had originated the proceedings.
James Wallace, shopman to Messrs, Perry and Lance,
said, a few days ago M'Callan ellue into the shop and
inquired for Mr. Perry. witness said, he was Mr.
Perry. The informer called him by an opprobrious
epithet, and stir.l., your name is Wallace. Witness said,
in lir. Perry's absence, he took Mr. Perry's place, and
be should therefore be glad to be informed of his busi-
ness. M'Callaa said, Oh, you know very well -;flat I
want. Witness answered, he really dil- not. Oh yprofessiones,
you do, replied M`Callan. Gentl.P.anen of our
must be supported, you kne:„.r. then pulled
Perry,ionutt e
rae
sc
ta, rwd,i
adding,twhh aieh
s igi;nehqiefiueseaas
nit dot)
,eh,o,anttthatai
the
ee dtchaterndepbrcei orecgeri
wasveetn htoa ratesl
fl-faor..f
guinea. The value of the card might be About one half-
penny. Witness gm the card to Dir. perry and iu a

short time afterwards M'Callan came again to the shop
and asked about the card. Witness told him he would
be very plain with him. Mr. Perry had seen the card,
and hail, in reply to the message, told witness to tell
M'Callan he would have nothing at all to do with him.
M'Callan demanded the return of the card, but witness
said he would keep it for his own satisfaction. M'Callan,
after much abuse, left the shop, with a threat that Mr.
Perry should soon hear from him nein. The transac-
tion referred to in the present information took place
after this occurrence. Witness recollected the pledge
being redeemed, and would swear that only fourpence
was taken as interest. The ticket now produced had
fourpence marked on it in witness's handwriting. This
endorsement was made at the time of redemption.
M'Callan said the defendants had been summoned to
this Court and fined for taking too much interest before.
The witness Wallace said his employers were sum-
moned by another common informer some months ago,
and since that period he had received strict instructions
to be very careful in charging correct interest.
¶ iM'Callan asked to be allowed to address the Court.
He said he came forward as the protector of the lower
orders, who were greatly imposed on by pawnbrokers.
His attention had been called to the subject by a poor
Irishwoman, who had been charged more interest than
was legal, and he had revolved to take proceedings
against all those he found offending.
Mr. MeLeen, said the evidence produced in support of
the information obliged him to dierniss the case.
A second inforination for taking one farthing more
than legal interest was next gone into, and sustained only
by the evidence of Margaret Hezelton.
The derence was not as complete as in the former case,
as the ticket was not endorsed, and therefore Mr. Hum-
phreys could only:make a general denial of the allegation.
Under the circumstances of the case Mr. MALTBY in-
flicted
a fine of 205., with 2s. costs.
IARY LEBON E.

This being the day appointed for the re-examination
of Frederick William Kelly, better known by the appel-
lation of Captain Kelly, the Court was from an early
hour thronged with parties, who, owing to the publicity
which had been given to the former proceedings, were
anxious to obtain a sight of the prisoner.
The prisoner being again brought up, another charge
was preferred against him by Mrs. Oakey, for stealing a
gold watch, value 50 guineas, from her house.
Mrs. Oalcey stated that she was a widow, and that one
day in August last, and while the prisoner was her
lodger, she missed a gold watch from her trunk in her
room, and was therefore much alarmed. The prisoner,
on coming down stairs soon after the discovery of her
loss, said to her, " You look very pale, what's the matter?"
She then told him she had lost her husband's watch. He
went away, and finding on the next morning that he had
not returned, she went into his room, when she missed
the razor she had lent him.
Mr. Driscoll, pawnbroker, Lower John-street, Golelen-
square, produced the gold case of a watch, pledged by
the prisoner on the 4th of September last, fur 3/., in the
name of John Wilson, 8, Boyle-street. Shortly after the
pawning, he (prisoner), came again to the shop, stating
that he had lost the ticket, and upon his applying to
witness for a declaration to that effect, a printed form
was delivered to him.
Sergeant Gray produced the said declaration, which
he found amongst other property, at the prisoner's
apartments, in Boyle-street.
Mrs. Oakey identified the case as being hers, and said
that the watch of which it had formed a part had been in
her family upwards of 40 years.
Mr. RAWLINSON (to the prisoner)—l feel it my duty
now to tell you, that you will be sent to Neegate for
trial ; and that you are at liberty to say anything now
or not, just as you may think proper. Whatever you do
say will be taken down, and may be used either for or
against you. You can now do as you like.
Prisoner.—l know nothing about the watch.
Mr. ItawanesoN read a letter which was addressed to
him, the purport of which was, that a person answering
the description of Kelly had some years ago obtained
two valuable horses from parties living near Devizes. He
represented himself to be a captain in the navy, and said
that he was well known to Lord Grosvenor.
Mr. Bardell, a wine and spirit merchant at Chatham,
stepped forward, and said -that some time ago the pri-
soner and his so-called wife, took of Mrs. Richardson,
Gad's-hill, Kent, a furnished cottage for three years ;
the parties made their exit without paying any rent, and
on their departure it was discovered that a great portion
of the furniture had been broken up, probably fur fire-
wood, and the loss thus sustained was somewhat serious.
Another gentleman said that the prisoner had ob-
tained from Messrs. Storr and Mortimer a quantity of
plate and jewellery, which he took the earliest opportu-
nity of pledging; the tickets for the greater part thereof
were subsequently obtained from him.
A number of tradesmen from the country, who had for
the most part credited the prisoner for goods obtained
from them by the most artful representations, were not
sworn, inasmuch as it was no doubt considered that they
had not exercised that caution in their dealing with the
prisoner which they ought to have done,
The prisoner was fully committed for trial upon three
charges.
At five o'clock he was conveyed to prison in the Go-
vernment van.
Edward Plowman, footman to Mr. Grimble, distiller,
Albany-street, Regent's Park, was placed at tht2 bar,
charged with having been concerned- in stealing a quan-
tity of plate belonging to his master.
The prisoner was remanded till Monday next.
LAMBETH.
After the night charges and the remanded cases had
been disposed of, Benjamin Blown, the alleged railway
projector. was placed at the bar, before Mr. Henry. fur
further examination on a charge of having obtained from
Mr. Joseph Jacobs the sum of 45/. in cash, and a bill of
exchange, at three months' date, for 50/.
Mr. Games appeared for the prosecution ; and a clerk
from the office of Mr. Humphreys attended on behalf of
the prisoner.
The evidence taken on Saturday against the prisoner,
the particulars of which appeared in The Sun of yester-
day, having been read by Mr. Gunn, the second clerk,
the prosecutor was sworn to its truth.
In his cross-examination by Mr. Humphrey's clerk
he denied that he had written out the agreement which
had been represented by him on Saturday. He, however,
admitted that, after wilting it, the prisoner requested
him to make a copy, as a counterpart, which was to be
retained by the prisoner, and which he handed to the
prisoner as soon as he had written it.
Mr. HENRY (to the witness)---you did not mention a
word of this on Saturday ; you said nothing about the
existence of a counterpart of the agreement. Witness—
No, sir ; I did not recollect it at the moment, ner had I
been asked the question.
Cross-examination continued—The 501. he paid to the
prisoner was in gold, and the prisoner upon that ocea-
sion gave him 51. back, in advance of the salary he was
to receive ; and also placed in his hands a bill of ex-
change for 95/. 10s., as a security. At this time he had
not put his acceptance to the bill of exchange for 501.,
but in about a week after he met the prisoner in the
City, and he took him to the Swan with Two Necks, in
Lad-lane, and there got him to accept the bill.
Mr. Humphrey's clerk here submitted that there was
no proof of any intention on the part of the prisoner to
defraad the complainant, and that being the ease, he
had to apply for the discharge of the former. He would
admit that the prisoner had 45/. in cash, and a bill of
exchange for 50/. from the complainant, but then he
placed in his hands as a security a b:11 of exchange for
954 los., and therefore the security held was larger in
amount than the property parted with. Besides, the
bill is net yet due.
Mr. HENRY—It has been ascertained that the bill of
which you speak is perfectly worthless, but that is not
material. Here a representation is made by. the prisoner
that he is the projector of one or two railways, on one
or other ef which he engaged to give the prosecutor a
situation. These railways he represents to have been
regularly registered, and upon this last representation
Jacobs is induced to part with his money and give his
acceptance.
Mr. Humphrey's cleric—No doubt he was induced to
part with his money; but the question is, whether, until
after the bill for 95/. placed in the prosecutor's bands is
actually due and dishonoured, any criminal proceeding
could be taken against the prisoner.
Mr. HENRY remarked that that would clearly be a
question for the jury. Great alterations had taken piece
in the old law as regarded the offence of obtaining under
false pretences. There could be no doubt that any party
making use of representations which they knew to be
false, and by that representation obtaining money, the
party would bo liable to an indictment. the present
case the prisoner had represented that which he knew to
be false, namely, that certain railways of which he had
been the projector, were regularly registered, and by
such representation bad obtained from the prosecutor
4.51. in gold, and a bill of exchange for 50/. more. It
was quite clear, therefore, the case was one for the con-
sideration of a jury.
Mr. Games observed that his Worship's view of the
law, and the case was so clear, that he should not offer a
single syllable respecting either at the present stage of
the proceeding. He should content himself with calling
one witness more, and after a brief examination he
should pray his Worship to remand the prisoner to a
future day.
The Learned Gentleman here called 11Ir. Wm. Greet,
who on Saturday represented himself as clerk to reitehey,
an attorney, but who wished to correct this rgresenta-
tton by saying ha was merely employed occasionally by
Mn Pelellny as a copying clerk, and therefore was not
a clerk in his office. This witness said he had called at
the fproper office to register railway undertakings in
Sergeant's Inn, Fleet-street, and requested that a clerk
should attend at this Court with the books of registry,
but Was bid that no person from the office should attend
ekeept in obedience to the request or summons of a
magistrate.

' Mr. Games applied for a summons for the clerk to
produce the books in question, as they would be abso-
lutely necessary, and the prisoner was remanded to a
future day,
On his (the prisoner) being removed from the bar, a
yettng man entered the witness-box, and handing a large
card to the usher in attendance, requested he would
hand it to the magistrate,
Mr. llEmrtY upon looking at the card, upon which the
name of Mr. Francis Aguilar was handsdrnely engraved,
asked the person in the witness-box what he wanted?
Aguilar replied, that he was brother to Ur. Aguilar,
whose name the prisoner Brown had given On Saturday,
as his master, and ho b4a caned to state that Mr. Brown
had been emplOyed by his brother in his offices at 4,
Charlotte-row, 11444,40n-house, 43 e , an(l ,34 oorgate-street,
and i j ~
latter place permitted him to occupy his own
private rooms,
Mr. HENRY—How has the prisoner been employed ?
Aguilar (with considerable nonchalance) —The same as
I have been—as railwa,- inquirer.
T
Me. HENay—As I (I,:n't Lappen to 4.)11w
rail-
way inquirer means, be good enough to explain it to
me ? Aguilar—Oh, merely to inquire into the respec,-
ability o those who have applied for letters of allotment
for railwlty shares. We have been employed on several
linos
-for purpose,