The Sun.
London, England, 1845-12-11 00:00:00

We understood Mr. Swift to state that 'Mr. Ellison
would certainly be in attendance on the day appointed
for the re-hearing of the complaint of Mr. Garde.
A very extraordinary scene followed.
Mr. Payne (the barrister) appeared to support a sum-
mons, which he said had been taken out against a gin-
tlernan, for having obtained the sum of 2001., in a deal-
ing connected with a railway company, by false pre-
tences. (In the present stage of the proceedings, we,
for obvious reasons, omit the names of the parties
concerned, as well as the name of the Company the
shares in which were the cause of the dispute.) .

Mr. Clarkson, who was engaged for the defence, said,
he came to answer a yery different complaint from that
set forth in the summons, which did not impute any
false pretence at all to his client. The summons merely
attributed a certain unsanctioned appropriation of money.
If the complainant attributed a felony or misdemeanour to
the gentleman at the bar, the course he was bound to
adopt was to direct an officer to take the defendant at
once into custody.
_ _

Mr. Payne said that course would certainly have been
pursued, if it did not happen that there was a merciful
consideration entertained towards the defendant, who
was in the establishment to which the complainant be-
longed, and was only just beginning life. The Learned
Counsel submitted that, although the summons was not
worded as he expected it would have been, still the Lord
Mayor would be completely justified, as complainant and
defendant were both present, to hear the case as one of
obtaining money under false pretences.
Mr. Goodman, the Chief Clerk, said it'struck him as
very difficult to draw out a summons to a party to an-
swer such a charge as Mr. Payne wished to have framed,
as the person aggrieved had it in his power to give the
person so complained of into custody at once. To sum-
mon a party to answer for an offence, a conviction upon
which would subject him to seven years' transportation,
appeared to him to be a very ill-judged proceeding.
The Loan MAYOR said he considered Mr. Goodman's
view of the matter was unquestionably correct.
Mr. Clarkson then expressed a wish to know whether
Mr. Payne would proceed with the complaint as it was
stated in the summons.

Mr.-Payne said he had no notion of such a thing.
Mr. Clarkson—Then I shall take my leave.
Mr. Payne—Then I shall apply for a warrant upon
the evidence of my client, which I shall now require to
be taken.

Mr. Clarkson—The defendant is here, and your client
can direct an officer to take him into custody at once ;
but it is plain that your object is to throw upon the ma-
gistrate the responsibility which the complainant is
afraid to take upon himself, for very good reasons.
We understood the LORD MAYOR, with the advice of
Mr. Goodman, to say that be would not, under the pe-
culiar circumstances of the case, grant a warrant, but
it was in the power of the complainant to cause the de-
fendant at that moment to be apprehended upon the
charge of having obtained money under false pretences.
The LORD MAYOR said that Mr. Payne, in examining
witnesses in support of an application for a warrant,
would be doing no more than taking up the time of
the Court.

Mr. Payne—Then we shall give the defendant into
custody at once.
Here the complainant stood forward, and gave the
defendant into custody to one of the officers.
Mr. Clarkson then requested a postponement of the
hearing of the cave, in consequence of an engagement
elsewhere on a Government case, to which he was
obliged to give immediate attention.
Mr. Payne said he had not the least objection to a
postponement, and he also stated that he should be
satisfied if the defendant entered into his own recogni-
zances to appear to answer the serious charge.
The defendant then entered into his own recogni-
zances to appear, and was released from custody.
A young woman, named Bridget Plant, was com-
mitted to Newgate for having assaulted Eleanor Welch
with a sword on the head.

The complainant and defendant were, it was evident,
jealous of each other, and the object of their affection
was a tailor. In their cups they quarrelled, and the
latter resorted to the desperate expedient of a rusty old
sword, with which she wounded her rival in two places
on the top of the head.

In consequence of the publicity given to the apprehen-
sion of the prisoners, a great number of tradesmen have
been to see them, all of whom immediately recollected
that they had been favoured with a visit from the pri-
soners ; but none could say with certainty that the pri-
soners had robbed them of anything.
From the inquiries of police•constable C 135, it was
ascertained that the mode adopted by the prisoners to
carry on their dishonest practices, was for them to go into
different shops, Echart as a foreigner, Flynn as in-
terpreter, under pretence of purchasing silk bandannas to
send to Holland. Almost every tradesman in Oxford-
street was so visited last week. _ _

The police-constable said he had not as yet been able
to find the owner of the piece of silk goods found in the
possession of the prisoners, the private mark on which
was " F.T. r I pp."
Mr. MALTBY gave further time for inquiry till Mon-
day next.

City of Boulogne steam-vessel, the captain of which had
instructions to take him to the Consul of that place,
and to narrate the circumstances under which he was
sent there. Soon after his arrival an inquiry was in-
stituted on the subject, during which it was aster taiced
that the whole story of the mutiny and of the scuttling
of the ship was a fabrication from beginning to
end; and that instead of his being a Frenchman, it was
discovered beyond a doubt that he was a native of Scot-
land ; and so far from his being deprived of his tongue,
he had the perfect use of that organ, and in Captain
Tune's presence gave an undeniable proof of the fact by
abusing the persons appointed to inquire into the case.
On this discovery the defendant was brought back from
Boulogne and landed at the Tower, and he wanted to
return to the Yorkshire Grey, but admission was re-
fused on the ground of the gross impositions he had
practised. Mr. Owen added that he had not seen the
defendant since the above period until he was informed
he was in custody at this Court for the desperate assault
on the sailor. _ _ _

Mr. COTTINGHAM, addressing the defendant, said
there was no use i❑ his pretending to be deaf and dumb
any longer, and asked him what he had to say in answer
to the charge of assaulting the sailor then present, and
also the parish officer ?
The defendant, however, was silent, merely opening
his mouth and pointing with his finger to it, as if to im-
press a belief that he had no tongue.
Mr. Owen said that the defendant had a knack of
doubling up his tongue in such a manner as to make
it appear that he had only a small portion of the root
left.

Some other questions were put to the defendant by
Mr. Cottingharn, from which it was apparent enough
that he heard them, a fact which drew from the Magis-
trate an observation that he was satisfied the defendant
was not deaf, and that he heard and understood every-
thing that was said to him.
The defendant shook his head.

Mr. COTTINGIIAM said, that the movement just made
by the defendant strengthened the fact, and, i❑ order
that the utmost publicity should be given of the gross
impositions practised by the defendant, and that he
should not escape the punishment he so richly deserved,
he (the Magistrate) should remand him until Friday, for
the purpose of procuring the testimony of the captain of
the Boulogne steamer.
The defendant was then removed from the bar to one
of the cells, where he had not been long before he began
to roar out, and finding that no notice was taken of it he
proceeded to undress himself and threw his clothes down
the sewer. He then tore up the seats of the cell, and
being possessed of almost Herculean strength, he pro-
ceeded to smash away at the door, which, although of
amazing thickness, he would have broken through had
he not been at length overpowered by four policemen,
who with difficulty restrained his fury, and after putting
on other garments they conveyed him in the van to the
county gaol.
On Tuesday three ragged boys were brought before
Mr. Cottiugham, charged with committing an outrageous
assault on another boy in the union workhouse of St.
John's, Horslydown.
It appeared that the complainant, a poor destitute boy,
was admitted into the casual ward of the above workhouse,
in which were a number of other destitute persons, like
himself. When the hour for retiring to rest arrived
the three defendants attacked the complainant, divested
him of his clothes, which they intended to dispose of for
a few pence, and he was forced to remain in a state of
nudity the whole night, being prevented by his assail-
ants from leaving the ward to give intimation of the
treatment he had experienced. The above circumstance
having come to the knowledge of Mr. Cottingham, he
sent for some person from the workhouse, and soon
afterwards one of the guardians attended, to whom the
Magistrate described what had occurred there, and at the
same time expressed it as his opinion that a good deal of
mismanagement was apparent, according to the com-
plainant's statement. There (added the Magistrate) was
a poor boy, admitted into the casual ward, and had not
been there long before he was stripped of his garments
by others in the same place, and forced to remain naked
during the whole of a cold night. There ought (added
the Magistrate) to be some person appointed to attend
the casual ward to prevent outrages of the kind from
being committed ; and that it was for the purpose of
ascertaining whether such scenes could not be avoided in
future that he thought it requisite to send for some one
connected with the workhouse.

The guardian, who expressed himself with a good
deal of warmth, said that he repudiated the term mis-
management, as applying to the internal regulations of
St. John's workhouse. He then described the way in
which they were inundated with casual paupers, and he
said that every means had been adopted to make the
situation of those unfortunate persons as comfortable us
consistent with the regulations of the house ; that it
was quite impossible, however, that the Magistrate's
suggestion could be carried into effect, and that the
Poor-law Commissioners had approved of the manner in
which the duties were performed.
Mr. COTTINGHAM raid that he did not send for the
guardian to enter into any disquisition relative to the
internal arrangement, of the workhouse, with which he
had nothing to de. But he sent for him in order to ex-
press his disapprobation that such an outrage had been
permitted to take place in one of the wards of the work-
house, and that in such a place as a casual ward, he
would repeat, some man ought to be employed as a kind
of watchman, to prevent such conduct as that com-
plained of. _ . _

The MAcrsTaATE then inflicted a nominal fine on each
of the defendants, and, in default, committed them for a
month each to the House of Correction.

CHARGE OF VIOLATION.—James lierson, described as
a French merchant, was charged with violating the per-
son of Susannah Paine, a girl between 15 and 16 years
of age.
The complainant stated that she went to live with the
prisoner, who was a married man, in the capacity of nur-
sery maid on the 13th ult., and that, in a week after-
wards, during the temporary absence of his wife, he
committed the alleged offence. The complainant de-
scribed the particulars of the assault, which are unlit for
publication ; that it took place in the drawing-room,
and that she called out as loud as she could, but no one
heard her, owing to the position in which she was held
during the perpetration of the offence. She admitted,
however, that she did not communicate what occurred to
her to her mother until a week afterwards.

The complainant was strictly examined by the Magis-
trate as to the cause of her not divulging what had hap-
pened to her until a week afterwards; and her reply was
that her father was a passionate man, and she was afraid
on that account.

The prisoner, in the most emphatic manner, declared
that he was innocent of the offence, and that the charge
was trumped up by the girl and her mother in order to
victimise him.

After a lengthened examination, during which a me-
dical certificate was produced, describing the injuries
sustained by the complainant, the Magistrate said that
instead of sending the prisoner for trial on the capital
charge, he should hold him to bail for the assault with
intent, &c., and should call upon him to enter into his
own recognizance of 1001., and find two sureties of 501.
each, to answer the charge at the ensuing sessions. The
prisoner not being prepared with the requisite bail, was
committed. .

WAND S ORTH.
James Chu? chill, sen., and James Churchill, jun., father
and son, were charged with stealing a cart, value 31., and
Eleanor Churchill, the daughter of the fist-mentioned
prisoner, was also charged with stealing a Chesnut horse,
value 71.

Mr. Gilham, who apppeared for the prosecutor, said
the person on whose behalf he had been instructed to
app•ar was a Mrs. Bawling, who, until within a brief
period, carried on an excellent business as a laundress,
at Barnes, and enjoyed the confidence of her employers
and the respect of her neighbours. His client was
married in January last to a man named Bawling, she
being a widow, and he a widower with five children.
Some time since, her husband, who, since his marriage,
had done but ittla for the maintenance of himself or
children, became unwell, and exhibited all the appear-
ances of imbecility. Amongst the notions he enter-
tained were these, drat Salt-hill belonged to him, and
that his wife had robbed him of 2001., although he was
never worth so many pence. So convinced was he of
the latter circumstance, that he actually sent one of his
children for a policeman to apprehend his wife. After
having shown the state of the deceased's mind, he would
show how far the prisoners stood affected. On the 14th
ult., Mrs. Churchill and Mrs. Eastman, two of the
husband's sisters, called at the house, and under pre-
tence of taking him a ride, took him away. Mrs.
Bawling subsequently ascertained that her husband was
at Mrs. Churchill's house, and she went there for the
purpose of seeing him. This the elder Churchill refused
to let her do, and he took her by the shoulders and put
her out of the house. At that time her husband was
alive, but died a day or two afterwards. Whilst- his
client was gone to deliver some clothes in town, a man
was put in possession of her goods. As she owed no
rent, she asked the man what business he had there ;
when he replied that he had been put in by Mr. Stewart,
a broker at Putney. This Stewart afterwards took every
article of furniture out of the house, even to the bed she
and her children lay upon, and sold them ; thus leaving
the poor widow and children utterly unprovided for, and
when called upon for his authority, produced what he
called the will of the husband, empowering him to act as
he had done. Prior to this his client's horse was stolen
out of the field by the female prisoner, and sold to a man
named Forman, who was paying his addresses to her, for
los., although it was worth 71.; and, to cumplete the list
of enormities his client was subjected to, she was on a
particular evening returning home from town in her
own cart, with a borrowed horse, when the two male
prisoners stopped her on Barnes common, turned all her
linen out of the cart, unharnessed the horse, and stole
the cart, which they afterwards sold for 255. He be-
lieved he should be in a position to prove that the de-
ceased was not in a state to make a will ; and, even if he
had been, that the prisoners had acted a most fraudulent
part ; so that if the actual charges of felony could not
be maintained, there still existed a case of the grossest
conspiracy.
Mr. PAYNTER observed that if it could be proved that
the man was imbecile at the time of his death, a very
serious charge existed against the prisoners.
Mr. Gilham had no doubt he should satisfactorily prove
his imbecility.
Rebecca Rawling was then sworn—She said she was
the widow of James Bawling, who died at the elder
Churchill's house on the 19th ult. The complainant then
detailed in evidence the facts given in the solicitor's
statement.

Mr. PAYNTER, after hearing the evidence of Mrs.
Rawling, said as he did not intend to go into the case
very fully that day, and as Mr. Clive was more ac-
quainted with the facts than himself, he would only hear
eviden
to evidence sufficient to justify him remanding the pri-
soners a day that his brother magistrate would be
sitting.
Anno Humphries, an intelligent girl, about 13 years
of age, living at the Gate-house on Barnes-common,
proved that on the 21st ult., between ten and eleven
o'clock in tho morning, she saw the prisoner, Eleanor

THE StN, LONDON. THURSDAY EVENING, DECPM.I3ER 11, 1845.

Churchill, bring a horse through the gate ; it was a dark
horse, and the one she had seen down stairs was it.
Mrs. Bawling proved that the cart was taken from her
on the 23d ult. by the two male prisoners, and .she added
that no paper, either the pretended will or the receipts
that she had yet seen, were in her husband's hand-
writing.
Inspector Busain said that when the charge against
the prisoners was taken, a young man, named Forman,
said he had bought the horse for 10s., and the cart for
255., of Mr. Bawling, and produced two receipts pur-
porting to be his, but one was elated the day Bawling
died, and the other the day after.
Mr. PAYNTER ask,d what the broker had done with
the money the sale realised ? Mr. Gilham said he un-
derstood that he had paid 101. to Mrs. Churchill, who
had undertaken to support the children, but had that
same day throwa them on the parish.
Mr. PAYNTEL: said it was clear that the broker could
not act upon any document the deceased might have
given him after the man was dead. The widow was the
proper administratrix, and was at least entitled to her
thirds, therefore the broker had acted illegally ; he con-
sidered it just possible that a felony had been committed,
and there certainly was not much doubt of a gross con-
spiracy existing, therefore he should remand the pri-
soners until Saturday. Should the case then fail, he
trusted the solicitor would indict the parties for conspi-
racy, and he thought that Mr. Stewart, the broker,
should be included in that indictment.
WOOL WICH.

„.• _ _
John M'Bean, alias William Thompson, alias Dempsey,
alias Williams, was placed at the bar before Mr. Jeremy
for final examination, charged with stealing two watches
under the following circumstances :
The prisoner is an experienced duffer, and in the pur-
suit of his calling he went some time since to the Royal
Artillery Barracks, at Woolwich, where he exchanged
several of his so-called watches for good old watches be-
longing to the gunners and non-commissioned officers,
receiving sums of money in addition, by way of exchange.
A few hours after the victimised soldiers received their
watches the latter stopped, and the soldiers as well as
their watches were found to be ” wound up." When
the prisoner again made his appearance at the barracks,
he was given into custody on the charge of being found
within that establishment for an unlawful purpose. The
charge, however, was not proved, and the prisoner was
in consequence allowed to go at large on his own recog-
nizance, several spurious watches which were found
upon him being detained by the police. In the meantime
inquiries were made by the police, and the frauds on the
soldiers being discovered, the prisoner, who returned to
claim the property, was taken into custody on the charge
of stealing two watches, Mr. Jeremy stating that the
judges were of opinion that where an article of no in-
trinsic value was sold to a person who could not detect
the fraud, it amounted to felony.'
It was proved by a re,:pectable watchmaker that the
watches sold by the prisoner were valueless in every-
thing except the cases, which were worth from 15s. to
20s. each; that they would not go for a longer period
than a few hours, or at most a day or two, and that the
watches taken in exchange were of far greater value.
It was also proved by various witnesses that the pri-
soner passed under a variety of names, and that he was
not known at his lodgings in Alderagate-street by the
name which was on the cards he carried with him.
George Foster, 425 of the City police, proved that he
knew the prisoner as the companion of a man named
Dempsey, who was now undergoing a term of imprison-
ment for a similar offence.
A dock constable, named John Sayer, spoke to several
heartless frauds committed by the prisoner on sailors and
others in the London Docks.
The prisoner was committed for trial, and the wit-
nesses bound over to prosecute.

MONEY MARKET and CIT Y NEWS.

- - -
CITY, WEDNESDAY EVENING.
CHRONICLE.—The manner of paying the railway
deposits to the Accountant-General has been resusitated,
and various rumours are in circulation with respect to it.
The amount has been stated at as much as 35,000,0001.,
and it is asserted that the Speaker has consented to
allow the Bank to take payment by instalments. The
latter statement is said to be on authority, but we
doubt its authenticity nevertheless. We also greatly
discredit the supposed amount of railway deposits, and,
until we see it proved, shall not believe that it will
amount to more, if to so much, as 10,000,000/ or
15,000,000/. Many companies have deposited their
plans who have not obtained the deposits called for from
the allottees, and will not new be able to proceed to
Parliament. If, however, so large a sum as 15,000,000/.
or even 10,000,0001. or less, were taken out of circula-
tion, in coin and bank-notes, it would be attended with a
severe pressure for money, It requires no science to
arrive at that conclusion. Nobody can doubt it for a mo-
ment. Such being the case, it is the duty of the Execu-
tive to meet the evil by timely arrangement. It appears to
us that the Bank of England can receive payment in any
form the directors may think fit, because the Accountant-
General has simply to see the " receipt" of the cashier.
He is not called upon to direct the manner of making
the payment. That is left to be settled between payers
and receivers. An agreement could be made to provide
for any fluctuation in the price of the public securities,
but if bills of exchange were accepted the Bank would
be answerable, in the event of default, to retire them
when they arrived at maturity. It must be admitted
that there is no evidence to warrant the supposition that
the Legislature contemplated the use of bilis of ex-
change in effecting the transfer of the railway deposits.
It was assumed that the transfer should be made by a
bona fide payment of money from the various banks and
committees holding the deposits to the Bank of England.
This, we believe, cannot be disputed ; neither can it be
denied that the extent of the operation has far exceeded
in magnitude anything contemplated. The Legislature
never anticipated the possibility, far less the proba-
bility, that so much as 10,000,0001, 15,000,0001., or
30,000,0001. could be called for to comply with the
standing orders, within fourteen days after the com-
mencement of any session of Parliament. An unforseen
emergency has arisen, for which no provision has been
made. We are convinced that it may be managed
without producing serious inconvenience, and that it is
not necessary to make the transfer iu coin and bank
notes. At the same time we do not believe the story
that the Speaker has consented to take payment of the
money by instalments. We disbelieve that statement,
because the Speaker has not the power to do so. The
object might be attained, however, by a short Act, to be
introduced for the purpose the first day that Parliament
meets ; and, on the assumption that it would pass, the
transaction could be arranged in the meantime, accord-
ing to its provisions. With this object is view, the Bank
might be authorised to receive Stock, Exchequer Bills,
and other unexceptionable securities in payment, and to
lend out the same, when received, on suitable terms, ac-
cording to circumstances.
The following are the official returns of the exports of
the precious metals from the port of London for the
week ending Thursday last :
Silver bars to Rotterdam
Silver bars to Hamburgh
Silver coin to River Gambia
TIMES.—An impression has prevailed to some ex-
tent in the City that the efforts of the Anti-Corn-law
League, should the repeal of those laws take place, will
next be directed against all customs' duties whatever ;
but this is disclaimed by some persons of that party,
who allege that it is against differential duties alone
that the efforts of free traders are, and will be, directed.
Thus, to illustrate this, they remark, that excessive
customs' duties are no doubt unwise, but that they may
exist in perfect harmony with free trade doctrines. If
the duty, for example, upon all descriptions of sugar, no
matter whence imported, should be raised to the exist-
ing rate of 635., charged on foreign sugar, such a st-p
would fail to accomplish its object of yielding revenue,
but it would be quite in agreement with free trade
principles. This is an exceedingly important point,
and the subject is well worthy of being pursued further.
The last new expedient, according to a correspondent,
resorted to by railway companies who find themselves
in a situation all but desperate, has been that of
treating the original letters of application as
successful, even though the shares were in the first in-
stance differently apportioned, and calling upon the
applicants to pay the deposits. This may be thought
ingenious by the parties, but that it should produce them
any money is barely possible. The annexed suggestion
will have a formidable sound in the ears of some pro-
visional committee men and railway promoters, but it is
nevertheless obvious that if such practices have been re-
sorted to they will merit as severe a retribution :
" The deposits of plans of projected railways with the
Board of Trade being done under the authority of a
standing order of each House of Parliament, I presume
that mere colourable deposit of plans only to answer the
purpose of the registered projectors would be deemed
a breach of privilege of Parliament. Therefore, I hope
and trust, if any such scheme should be brought under
the notice of the Commissioners of the Board, they will
make special report thereof to the Houses of Parliament,
and that each House will resolve accordingly, and order
the Attorney-General to prosecute the parties."

Nothing could be better devised than Nicoll's Re-
gistered Paletot to suit the ever-varied nature of our climate,
forming, as it now does, not only the sine qua non of the
railway traveller, but is equally so adapted for any gentleman
taking out-door exercise. It may be said distinctly to mark
the costume of the nineteenth century, if that Is rightly
called marked which is only conspicuous for an unpretending
and graceful bearer, the wearer feeling so much at ease.
Certainly as an over-coat it is patronised highly-, and is also
a general public favourite, being so peculiarly English, and
avoiding all foreign extravagance of style. It must be ac-
knowledged as a vast improvement over the old great coat,
associated in our remembrance with an uncomfortable sensa-
tion of tight buttonings, which, from its very clumsiness,
defeated its object, the warmth of the person, as interfering
with the proper circulation of the blood. The principal hues
are black, blue, brown, and olive ; also the clerical mixture
called Oxford, and can be had of the patentees, or only of
the most respectable clothiers out of London. Every winter
paletot is three guineas, and is starnpted in the lining with
the words, "Registered 6 and 7 Vic., cap. 65. H. J. and D.
Nicoll, 114, Regent-street, London.
THE WONDER OF WONDERS.-Ate enormous bear
fed upon bread for the last twelve months, challenges corn.
parison with any of the prizes at the Bazaar. This animal
will be exhibited dead and dressed, so as to show the depth
of fat, during Wednesday, Thursday, Friday, and Saturday,
the four days of the cattle-show, in front of Mr. Ray's pre-
mises, No. 8, King-street, Baker street, two doors only from
the Bazaar, and was fattened by those celebrated perrequiers,
perfumers, hair-cutters, and hair-dyers, Mesirs. Ross and
Sons, 119, Bishopsgate-street, London, of whom only can the
genuine bear's-grease be obtained.
[ADVERTISEMENT.]—COUGHS, COLDS, ASTITHAS,
AND WHEEZINGS ON THE CHEST, CURED BY HOLLOWAY'S
PILLS.—When no other medicine will afford the least relief in
bad coughs and colds, Holloway's Pills will almost immediately
effect a cure in any case, however desperate ; and what is more
extraordinary, asthmas and wheezings, even if of several years'
standing, may be completely got rid of by following the direc-
tions which accompany each box of this celebrated medicine.
Many who were nearly at death's door, not being able to lay
down in their beds, fearing to be choked with phlegm, have
had asthmatic complaints so effectually eradicated that not the
least symptoms remained. Sold by 01 druggists, and at Pro-
fessor Fatabliihrant, 244, Strand, London.