The Sun.
London, England, 1845-12-18 00:00:00

DECEMBER 18, 1845.
No. 16,643. LONDON, THURSDAY 4* 1: ING

OYAL POLYTECHNIC INSTITUTION,

LAW INTELLIGENCE.
COURT OF EXCHEQUER, Dec.l7.
(Sittings at Nisi Prius, in London, before the LonD
CHIEF Banom and a Common Jury.)
SMITH V. JOHNSON.
This was an action on the case brought to recover the
value of a quantity of property, to which the defendant
had pleaded denying his liability.
Mr. Martin, with whom was Mr. Pearson, appeared
for the plaintiff; and Mr. Jervis and Mr. Hugh Hill for
the defence.
The plaintiff was a ropemaker at Bermondsey, the de-
fendant the assignee of a person named Sterrey, who
formerly carried on business as a sailmaker at the same
place, and the action was brought to recover the value of
a quantity of property seized by the defendant under the
fiat. In 1838, Sterrey being in want of money, nego-
tiated a loan with the plaintiff for 4381., and gave him a
bill of exchange for the amount. Sterrey paid the
plaintiff interest upon this sum, and continued to
do so down to the spring, when Sterrey's affairs becom-
ing embarrassed, he gave the plaintiff a bill of sale of his
household goods, stock in trade, and furniture, as an
additional security for the loan of 4381. Subsequently
a fiat in bankruptcy was sued out against Sterrey, and
all his household goods and stock in trade were seized
and sold under it.

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this remarkable animal General Washington is the largest horse in
the world—he is twenty hands in height, and weighs twenty-five
hundred pounds.
He will he exhibited by Mr. Carter for a short time, previous to
his departure to America, at the Egyptian Hall, Piccadilly, from
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IMMENSE SALE OF LAMPS AT HALF-PRICE.
CLARK and COMPANY, 447, West Strand,
beg to announce that they intend making extensive alterations
in their establishment, and, in consequence, are compelled to dispose
of a large portion of their immense and excellent stock of lamps.
The stock consists of the New Light, Clark's Patent Carcel Oil Lamp
(the best oil lamp ever made), Solar Lamps, and all other oil lamps.
Young's Vesta SpiritLainp, the Gem Spirit Lanips, Oil and Candle
Chandeliers, Candelabras, and Ormolu Candlesticks, and richly cut
Lustre, ; Palmer's Magnum Candle Lamps, and every description of
Palmer's and Clark's Candle Lamps that can be required. In fact,
their immense variety provides a choice for all, and gives all satisfac-
tion. The whole will be sold considerably under the usual charges.
The reduction in prices commence Tuesday, 16at December, and
will only continue one month, or perhaps less.
Please write down Address, CLARK and Co., 447, WEST STRAND,
the Immense Lamp Depot.

Evidence was called with tha view of substantiating
the case, but it failed to prove that the bill of sale was
given prior to the committal of the act of bankruptcy,
and the plaintiff was nonsuited.

The insolvent was sworn to the truth of his schedule,
in which the story of the alleged robbery was detailed.
In giving judgment, the Learned COMMISSIONER ob-
served that he had expressed his opinion on the last oc-
casion. lie disbelieved the story of the loss, and he also
disbelieved the insolvent had possessed the sum he had
mentioned; because, if he had thought he had the money
and had concealed it, this course would have been clearly
defined; namely, to have refused to pronounce any
judgment on the case, as the applicant would have had
the means of satisfying every demand against him. What
the insolvent had possessed he could not say—he did not
believe that he had the money stated (2,0601.), nor could
he presume to form an opinion as to how much he
actually possessed; that he was a person pretty well to
do in the world was plain, for he had owned a number
of houses, which he had sold after he found the action
went against him. The judgment of the Court was that
lie be imprisoned for a period of twenty-two calendar
months from the vesting order, for making away with
and concealing his property.
The judgment will be computed from the 11th of
October last. The insolvent was removed to Whitecross-
street Prison.

CENTRAL CRIMINAL COURT.
OLD COURT.
(Before Mr. Justice PATTESON and Mr. Baron ALDERSON.)
THE MURDER AT WESTMINSTER.
(Continued from our Afternoon Edition of yesterday.)
Msry Gaze, re-examined by Mr. BODKlN—Attended
the pclice-court twice. She was in convulsions on the
first examination, and the case was postponed to the
following Monday in consequence. Her mother's age
was sixty-one. She was in very good health and spirits
when witness saw her a week before her death. Her
mother had 7s. per week, and also kept lodgers. She
was not at all distressed.
By Mr. Justice PATTESON—When she saw her mo-
ther dead she had her night-clothes on. Could not say
if they were wet.
Mary Cheshire stated that she resided in the house
that deceased occupied. She lived in the room adjoining
that of the deceased. Had seen the deceased the day
previous to her death. She was then in very good
health and spirits. About seven o'clock on the morning
of Monday, the Ist, she was awoke by a cry of murder.
It was Mrs. Mundell's voice. There was a second cry
of murder, and witness then got out of bed, and went to
deceased's door. She heard her cry out loudly " What
are you doing ? what are you doing ?" The door was
fastened on the inside. She hammered at the door, and
received no answer. On knocking again the prisoner said
that there was nothing the matter. Witness had previously
asked what was the matter. On receiving that answer
she returned to bed, and then all was silent. In about
a quarter of an hour witness heard the prisoner come
out of the room, and go to a closet. She afterwards
came into witness's room with some firewood in her hand.
She said that the old lady had been very poorly. Wit-
ness told her to go for Mrs. Gaze, and she said, " I
think I will." She then went out of the room and shut
the door. She entered the room of the deceased, and
shut the door of that also. She afterwards came out
with her bonnet and cloak, and went out. Before going,
she asked witness to go into the room if she heard the
old lady make any noise. Witness remained in her
room until the prisoner returned. There was no noise
in the deceased's room while she was gone. The pri-
soner came back with Mrs. Gaze in about twenty mi-
nutes. Mrs. Gaze went into the room first, and disco-
vered that the deceased was dead.
By Mr. CLARKSON—Had known Mrs. Mundell three
months. She used somtimes to get tipsy. When Mrs.
Gaze entered the room the girl was close behind her.
Witness was examined before the Coroner. Had never
known the deceased to call out in the night before.
There was a lodger in tho house whose name was
Nightingale. Had never heard of the deceased having
attempted her own life.
Edward Gaze stated that he is the husband of the
first witness. Had seen his mother-in-law about nine
days before her death; she was then in her usual
state of health. Rememembers the holding of the
inquest. After the inquest ho went into the room to
have the body laid out. On going to remove the bedding
to make room for the corpse, it was very wet. On the
Wednesday following witness was at the deceased's
lodging with the prisoner and his wife. The prisoner
kissed the body and said, " God knows all." She said
that with her hands clasped. When she went down
stairs she said " Most likely you are short of money,
Gaze, and I will lend you a sovereign." Witness thanked
her, and she then went across the road to get change for
a 5/. note. Witness offered to go and get the change,
but she would not allow him. In about a minute she
returned, and said that a trick had been
played on her. (The witness here corroborated
his wife's statement in every particular respecting the
fact of looking at the note and detaining it.) He pro-
ceeded to say that, on his insisting that the prisoner
should accompany him to Bedford-street, she seemed
very reluctant to go. When they got opposite the
Horse Guards the prisoner fell back into his arms, say-
ing-that she was very ill. He said that he should call a
policeman, and she then revived and walked a little
farther. She again fell into his arms, and said, " I mur-
dered the poor old lady, and deprived your wife of her
mother." She asked him "to forgive her, and pray for
her guilty soul." He then gave her into custody.
By Mr. CLARKSON—Those were the words used. On
the Wednesday, when the prisoner kissed the dead body
and said, " God knows all," his wife was present. Wit-
ness noticed everything that she said, as he had very
strong suspicion of her. The deceased was a very hale
old woman, and in very good health.
By the COURT—She was not particularly strong,
nor very weak. Her arms were not very strong.
By Mr. Ceanwson—The girl at the bar is very much
stronger than his mother-in-law was. She is a stronger
woman. Had heard that his mother-in-law had taken
poison two or three years since. Could not say for cer-
tain whether it was his wife who told him.
Elizabeth Stevens stated that she lives in Prince's-
court, Lambeth. On the afternoon of the 3d of Decem-
ber she was near the Horse Guards. She saw the pri-
soner at the bar with a soldier. The soldier said to
witness, " Will you get me a policeman?" The pri-
soner said, " Oh, I have done it now—l have done it. Do
pray for my guilty soul."
John Adams, a police-constable' stated that on Wed-
nesday, the 3d of December, he was in Scotland-yard.
He saw the prisoner brought into the yard by Gaze.
She did not appear to be insensible. The soldier gave
her in charge to witness. He gave him the note, which
has been produced, and witness gave it to Inspector Part-
ridge. The prisoner was present when he did so. He
conveyed the prisoner to the Gardener's-lane station.
On their way there she said, " Constable, don't expose
me, for I have done it."
By Mr. CLARKSON—Was examined before the magis-
trate.—(Mr. Clarkson asked for the depositions of his
evidence, but it appeared that no depositions had been
taken.) The witness afterwards said that what he had
now stated he did not say before the magistrate. Was
examined on the 3d of Dec., and was not sworn. Wit-
ness attended the examination on the Bth, and was sworn
at that time.
By the COURT—On the examination that took place
on the Bth of December, witness told the Magistrate
what the woman had said. It was not taken down.
Could not say why it was not.
By Mr. CLARKSON—Has already sworn that he did
not say what the woman had said to him before! the
magistrate, but he alluded to the first examination on
the 3d, when he was not sworn, and no questions were
put to him. Did not .speak to the woman when she
came into Scotland-yard. -
Mary Fiskin stated that she resides at No. 11,
Rochester-street. Remembers the night that the in-
quest was held. Was in Mrs. Gaze's room that even-
ing. The prisoner afterwards came into her room with
Mr. Gaze. Mr. Gaze said that there ought to be
another inquest next day, as Dr. Atkinson was
not satisfied, on account of the state in which
INSOLVENT DEBTORS' COURT, Dec. 17. the bed-room was found. Mr. Gaze went out of
(Before Mr. Commissioner Law.) the room and left the prisoner with witness. The pri-
IN THE MATTER OF WILLIAM DAVIES. soner said that she felt uncomfortable on account of the
Judgment was pronouneed in this most extraordinary inquest the next day, and if it was not for the state of
case, which was on the last occasion before the Court on the bed she would not care. She also said that it
the 11th inst. The facts require to be succinctly nar- would be a great trial for her, as so many things
rated in order to understand the judgment given. The came across her mind. Witness told her that
insolvent had figured as an attorney's clerk and potato- it was a pity that she did not open the door
salesman. Subsequently he became a house-agent and when Mrs. Cheshire knocked. The prisoner said
an accountant at Hoxton, where he lately resided. His she was very much excited at the time, as
debts were under 500/., and he told a marvellous tale she was holding down Mrs. Mundell in a fit, and wash-
about losing by robbery a sum of 2,0601. His principal ing her face with water. At about four in the morn-
debts consisted of two claims for law costs, one by a ing she sighed heavily and said, " What are we when
Miss Parkin, for whom he had acted as agent, and against we are left alone? we are worse than beasts."
whom he had brought an action for upwards of 700 L, Witness saw her on the following Wednesday, and ac-
which was referred to arbitration, and in the course of companied her to Gardener's-lane station-house. On the
the investigation thereon he swore in February last to way she said, What will my mother think of me, a
the then possession of 2,0001. An award was made murderer, to die on the gallows ?" She asked witness
against him, and the costs followed, which with the costs several times to pray for her guilty soul, and said, " I
of his own attorney (Mr. W. H. Smith), exceeded 4001. did deprive that poor soul of her mother."
As an applicant to the Court from these claims, Sho afterwards said " What will my Jem think
it was incumbent on him to show that he had of me—a murderer—to die on the gallows ?" Was
been deprived paying them out of the 2,0001 which he present at the examination of the prisoner at the police-
stated he possessed in February last, and he alleged court, but was not examined herself.
that he had been robbed of the money. The two ore- By Mr. CLARKSON—Witness went with her all the
ditors (Miss Parkin and Mr. Smith) refused to credit way from Scotland-yard to Gardener's-lane. The police-
the story, and opposed his application to be discharged. man walked behind, as she did not like him to walk with
A lengthened investigation took place into the circum- her, She asked witness not to expose her. She was
satisfied
nt lel
rO looked d
stances before the Learned Commissioner, who expressed raving and tearing her hair on the way.
himself of opinion that the statement was an absolute Harriet Smith stated that she is the sister of the last
and atrocious falsehood. The story told was that the witness, and is the landlady of the house in Rochester-
insolvent, after the award was made against him, went to street. Remembers on Monday, Ist of December, after
withs the appearance of
Ostend, accompanied by a foreigner, whom he had met the inquest the prisoner passed a part of the night
at Gravesend, to enter into a partnership at Paris, and with her. Mr. Gaze was there, and said that he
he took 2,0601. with him in his portmanteau, which, was not at all h
after he got into a private house at Ostend, was broken the bed,
by her, as there
it had been
as
open, and the contents abstracted, with the documents turned. The P thata if
if it had been
relating to the intended partnership. He presumed the turned, it must havein the turnedrhoom.Be
wine he drank was drugged. He made no complaint to I was no other person
~tween four and five
in the
the police, but got 21. from a person house, and
in the morning she sighed
and said, Oh dear, what are
came home. He afterwards met the same person in we when we are left alone? we are worse than beasts."
London, and, at his instance, went to Antwerp in search tOn the Wednesday
following she saw the pri-
of the gang by whom he had been plundered. On the house. She
soner at herwent to the water-
last occasion the Court requested that some evidence closet, and then went quietly along the passage
street-door. She had
should be obtained from a savings' bank, in orderao form towards theher bonnet
aW't Witness
an opinion as to what sum actually
ho had possessed, and cloak on. n spoke to her, and asked her
, ing ? and she said that
It appeared that he had possessed a number of lease- where she was go she was only
•
hold houses at Hoxton, which he had disposed of to a going to see if Mr. Gaze was coming. She asked witness
. a
as counsel 1 which way Mr. Gaze had gone, and she pointed to the
MrMr. DOWSE,
for the insolvent on the pre- right. The prisoner immediately turned in a hurried
sent occasion, tendered some information which had manner to
the left. Witness followed her, and said
• Mr. Gaze came
been obtainacfrom a savings' bank, in which the insol- better stop until that she had .
Tent 11P4 money deposited in the lame of his wife. hok. Whims rind tint he oould not be in a

hurry then, as she was not in a hurry before Mr.
Gaze went out. The prisoner, however, refused to
return, and told witness to tell Mr. Gaze to follow her
to No. 9, Bedford-street. Witness stopped her, and
Mr. Gaze then came up.
By Mr. CLARKSON—Was in attendance at Queen-
square, and was not examined. The police knew of her
being there.
Matthew Little stated that he resides at No. 71, Re-
gent-street, and is in the employ of a baker. Remem-
bers being called into the house of the deceased. Mar-
tha Browning called him in. He went up stairs, and
saw the body of the deceased lying on a box. He cut
the rope that was round her neck.
By Mr. CLARKSON—The prisoner did not request
him to cut the cord. She did not go into the room, but
only went as far as the door, and pointed out the place
where the body lay. Witness believed that the cord was
only once round her neck.
Rowe, the beadle of the Coroner for Westminster,
stated that he received the rope produced, and showed it
to the jury at the inquest.
_ _ . . _

put in and read. The tenor of the prisoner's letters
dwelt On the absence of any felonious intention on his
part, and his sorrow that his neglect had placed him in
so equivocal a position, but begging ➢lr. Green not to
ruin both himself and his family.
Mr. CLARKSON addressed the jury, and then called
witnesses to speak to character.
The jury, after consulting for some time, found the
prisoner Not Guilty.
Another indictment, for 151. borrowed by the pri-
soner from Mr. Green, was then brought before the
jury, but Mr. Bodkin, who with Mr. Iluddlestone con-
ducted both cases for the prosecution, had instructions
not to tender evidenco on the second charge, and the jury
were directed to find a verdict of Not Guilty.
Rosina Eliza tVaile, called in the calendar a widow,
was indicted for stealing 30 yards of cloth and a quan-
tity of wearing apparel, value 251., the property of Baza-
leel Wall.

Mr. ROBERTSON, the counsel for the prosecution, said
that Mons. B. Wall, about the middle of Sept. last, was
going along London-bridge, when the prisoner accosted
him with a tale of distress. She seems to have won the
foreigner's heart, for a conversation ensued there and
then, and the result was that Mr. Wall agreed to take
her home to his house and his bed, to enjoy all the pri-
vileges of a wife sine ceremoniis, and to receive 10s. a
month. The counsel was interrupted in his opening by
the Common Sergeant, whose natural antipathy to long
stories from the witness-box or the bar is well known,
and who, in the present instance, cut short any collateral
disclosures of M. Wall's system of housekeeping, except
so far as it bore upon the facts of the charge.
M. Wall said he was a builder, living in Globe-fields.
He took the prisoner home to keep his house, where she
remained for about two months. It was on the 20th
of November that he went to one of his chests, and
missed a pair of trousers and some other articles. He
questioned the prisoner about them, who admitted
having pawned them, in order to get money to redeem
her box and clothes, lying at the terminus of the South-
ampton Railway. She had been to France, but on re-
turning had been unable to pay her fare from
Southampton. M. Wall urged her frequently to
go with him to release her box, but on every occasion
she exhibited an unwillingness to go. The missing of
something more led him to a stricter scrutiny of the
house. He found that be had been robbed of bed-
clothes, woollen-cloths, and wearing-apparel to the value
of 251. Ile found, also, thirty pawnbrokers' duplicates
in the keeping of the prisoner, the dates of which began
with the 7th of October.

Mrs. 'limes Matthews stated that she is the wife of
Captain Matthews. The prisoner was in her service up
to the 10th of November. She received only 3!. 10s.
while she was in her service. She left on account of ill-
ness. Does not know whether she had any money
saved up. Never heard any advice given to her as to
where she should place her savings. She complained of
her head while she was there.

Captain Matthews stated that he never had any con-
versation with the prisoner about her savings, and never
told her where to place them.
Francis Partridge, inspector of the A division of po-
lice, stated that he was on duty at the Gardener's-lane
station on the 33 December. The prisoner was brought
there in a fainting condition. Constable Adams en-
tered the charge, and said that she was taken on sus-
picion of murder. She made no observation until
the charge was entered and witness had read it
over to her. She said, " It's all right, it's
all right." She then tore her hair, and said she was an
unfortunate creature, and they might do as they liked
with her. After the examination at Queen-square, wit-
ness searched the prisoner's box at the lodgings of the
deceased. He found a piece of cord, which he
has since compared with the cord round the
woman's neck, and it is similar in every re-
spect. There were two duplicates in a Prayer-
book. The Magistrate committed the prisoner on the
Bth. Witness was aware that there were witnesses who
had not been examined, and informed him of it, but he
seemed to think the case sufficiently proved.
Charles Bedford, the Coroner for Westminster, stated
that on Monday, the Ist of December, he held an inquest
on the body of Elizabeth Mundell. The prisoner
was the first witness called. Has the notes
of her evidence. No medical man was examined at that
inquest. Would not have examined such a witness had
he presented himself—at least he would not have
examined him as a matter of course. (The depositions
were here read over.)
Mr. C. Davenport stated that he resides at Nos. 4 and
5, Bedford-street, Strand. There is no number 9 in
the street. There is no number beyond No. sin the
street. There is a silk warehouse between Nos. 5 and
10, occupying the whole of the houses.
Mr. Atkinson, a surgeon, stated that he had attended
the husband of deceased during his lifetime for more
than two years. Saw the deceased last alive about a
month before her death. She always appeared in uni-
form health and good spirits. Had known her
altogether about four years. Had never heard
of her having taken poison. On Monday,
the Ist of December, he was called to her
room. She was dead, and must have been dead
for some time. The face was swollen and livid, and the
eyes wide open and staring. Blood was issuing from
the mouth, nose, and ears. There was a cord upon the
ground. Witness examined the neck, and found two
deep lines on the front of the neck, and only one line at
the back. Her death was undoubtedly caused
by strangulation. The appearances presented would
correspond with such a cord as the one
produced. It was very improbable that the deceased
could have destroyed herself. Has drawn the inference
that the rope was drawn twice round the neck, and the
power was applied from behind. There was no mark of
a knot on the neck. Examined the hands of the deceased,
but there was nothing peculiar to be remarked with re-
spect to them.
By the CounT—lf the deceased had fastened the rope
to anything in the wall, and leaned forward, the same
marks would have been produced.
Examination continued—ln such a case as the one
put by the Learned Judge, he would expect to find the
body leaning forward, and not lying on the box. There
were some pegs in the wall, but they would not have
borne the weight of the body. His attention was not
drawn to the bed.

Jacob Turner, a pawnbroker, identified two of the
duplicates found on the prisoner, given for silk hand-
kerchiefs, which he produced, aad which M. Wall iden-
tified as his.

Jane Annesley said she lived next door to the pri-
soner, who had been in the habit of calling herself Mrs.
Wall; had been employed to pledge several of the articles
mentioned in the indictment, and which were pledged
in the name of Waite, given by the prisoner as that of
her former husband.

John Freshwater said he had taken the prisoner into
custody, when she admitted that she had pledged the
things, but in the hope of redeeming them again.
Jane Scott, the searcher, found 3s. 9d. in money
on her, which prisoner said was the remainder of
money got for articles pawned ; the rest had been spent
fur drink.

The prisoner, in exculpation, for she had no counsel,
said she had pawned with intention to redeem the goods
again; that the first tinie7slie had been at a pawnbroker's
was at the request of M. Wall himself, to pledge his
watch for 20s.

It was submitted to the Court by Mr. BALLANTINE, that
the prisoner was, to all intents and purposes, the wife of
the accuser; that she did not hold the position of a ser-
♦ant, and therefore it could not be brought into Court
as a case of larceny. Several of the bar joined Mr.
Ballantine in this defence.
The COMMON SERGEANT differed from the Learned
Counsel, and proceeded to charge the jury, prefacing it
with expressing:his pleasure that the age of chivalry had
not yet gone by.
The jury found the prisoner Guilty, but strongly re-
commended her to mercy.
The COMMON SERGEANT said, that if individuals chose
to go and live with gentlemen as their mistresses, they
were not to suppose they could commit robbery on them
with impunity. He took a distinction between house-
hold property and jewellery, which might be given for
personal ornament. At the same time, he had to
remark, that there were circumstances in the prisoner's
case which justified the jury's recommendation. The
Court had to take care to evince to prosecutors that
they ought to come into Court with clean hands. The
sentence he had to pronounce would on that account be
light, which was, that she should be imprisoned one
month, and kept to hard labour.

This closed the case for the prosecution.
Mr. CLARKSON then rose amidst a profound silence,
and addressed the jury. He asked them if they
were prepared to believe that the prisoner at the
bar was capable of being so artful as his friend
had represented her to be ? Could she, within a few•
hours of the commission of so heartless a murder,' have
prepared so consistent a statement for the coroner
has had been read to the Court a short time
sinne. But, acting upon the supposition that she was so
artful, would she have left the room where the murder
was committed while Mrs. Mundell was in the agonies of
death, if death had not already seized her, to speak to
the watchful Mrs. Cheshire? Would she have left the
remainder of the cord with which she effected the crime
in an open box in the room, open to the examination of
every person who chose to come into that room ? Did
she not call in every assistance that she could, and
manifest every anxiety to do all that she could
both for the deceased and her friends ? The Learned
Counsel afterwards proceeded to comment generally on
the minor points of the evidence in a very able and
forcible manner. At the conclusion of his address,
which occupied nearly two hours,
Mr. Justice PATTESON proceeded to sum up the evi-
dence at some length. He lamented the manner in which
this prosecution had been got up. The prisoner
had been before the Coroner, and had stated the
facts which had been read to them, but he
could not help thinking that it would have been
better to have called Mr. • Atkinson. Indeed,
Mr. Atkinson ought, considering the appearances
he had observed immediately after the death,
to have gone before the Coroner and to have
stated what he had seen. With regard to the witnesses
that had been before the magistrate, and had not been
examined, it was much to be regretted that the fact
was so.

POLICE INTELLIGENCE.
MANSION-HO USE.
A case of considerable interest and importance to the
parishes of London, in fact, to all the parochial districts
throughout the country, has for several days occupied
the attention of the Lord Mayor.
At the beginning of the month a poor lunatic was
brought before the Lord Mayor by the officers of the
City of London Union, who stated that the miserable
object had been just landed at London-bridge from a
foreign steamer, and was thrown upon the parish, al-
though he had no claim whatever upon any parish in the
City of London.
A female, who came over with the lunatic, presented
the following letter to his Lordship, from the British
Consul at Boulogne, with reference to her charge:—
British Consulate, Boulogne- sur-Mcr, Dec. 3, 1815.
My Lord,—The bearer of this letter, Mrs. Wilson, is em-
ployed by me to convey to your Lordship an unfortunate
British subject, named Franklin Alfred Kerr, born at
Bruxelles, of British parents, on the 29th of May, 1815, and
who was bereft of his reason, occasioned by a fire which took
place on the 25th of December, 1822, his mother having
perished in the flames, and his father, Franklin Kerr, many
years well known to me, is now incarcerated for debt in the
prison of Boulogne, and perfectly destitute of the means of
supporting himself or his son, and were he set at liberty his
position would be but little improved.
I understand that the paternal grandfather of the unfor-
tunate object of this letter, Thomas Kerr, occupied a house
in Jermyn-street, St. James's, London, until 1787, in which
parish he paid rent and taxes for many years, and where, I
am told, be fulfilled some of the highest parochial duties
until he left England, in 1787.
As I have no means of supporting, &c., the aforesaid
Franklin Alfred Kerr, I am, therefore, under the necessity of
handing him over to your Lordship's care:and charitable con-
sideration.—l have the honour to be, my Lord, your Lord-
ship's most obedient servant,
W. HAMILTON,
11. B. M.'s Consul at Boulogne-sur-Mer.
P.S. Mrs. Wilson has been long acquainted with the maniac
and his habits.—W. H.
The LORD MAYOR questioned Mrs. Wilson, who
stated that the poor man was perfectly harmless, and
that ho seemed to have no notion of anything beyond
his immediate wants. She knew his father, and believed
that he was imprisoned for having published a con-
structive libel in a Boulogne newspaper, of which he was
editor. She had been housekeeper to him, and she cer-
tainly could bear testimony to his respectability, but
the condition to which he was reduced by his sentence
left him no hope of being able to contribute in the
slightest degree to the support of his poor desolate
child.

The jury, after consulting a short time, expressed a
wish to retire. They were alssoat five-and-twenty
minutes, when they returned into Court with a verdict of
Guilty.
Mr. Harker, the usher of the Court,, then made the
usual proclamation for silence, and the Learned Judges
having put on their black caps, Mr. Justice Patteson
proceeded to pass sentence of death upon the prisoner.
His LORDSHIP said, that after a very long, painful, and
patient inquiry, the jury bad come to the conclusion that
she was guilty of the charge of murder of which she
was accused. She had had the advantage of a Learned
counsel, who had urged every topic in her behalf that
was likely either to induce the jury to believe that she
was innocent, or that the evidence for the prosecution
was insufficient, and the jury, after a full inquiry, had
felt that the facts which had been developed were quite
incompatible with her innocence. He, the Learned
Judge, entirely concurred in the verdict, and did not
entertain the slightest doubt but that she was guilty
of this foul murder. It would appear that, while
residing with the deceased, she became impressed with
the idea that she was possessed of money, and it was
very probable that in the first instance her only inten-
tion was to possess herself of that money, and this had
ultimately led to her killing the deceased in a most cruel
and deliberate manner. He was induced to believe, from
her own statements, that the weight of the crime had
laid heavily upon her mind, and that she had already
probably turned to the Almighty, and sought forgive-
ness ; but if she had not done so, he entreated her to
make the best use of the short time that remained to her
on this earth for that purpose. Her life, by the law of
the land, was forfeited, and the crime was of such a
nature, and was committed under such circumstances,
as prevented him from holding out to her the slightest
hope that the law would not be allowed to take its course.
He, therefore, entreated her to make her peace with
God, and obtain that mercy from Him which could not
be granted by an earthly tribunal. His Lordship con-
cluded by passing sentence in the usual form.
The prisoner was then asked; foimally, whether she
had anything to urge in arrest of• judgment, the object
being for her to state whether she was in the family-
way or not.
Upon this being explained to her, she said, " I am not
guilty." One of the female turnkeys then explained the
matter to her, and, as it appeared that there was no
ground for an arrest of judgment, the sentence was re-
corded, and the prisoner was removed from the bar.

The LORD MAYOR asked her by whom she had been
supplied with the means of conveying the lunatic to this
country ?
Mrs. Wilson replied that the consul had supplied her
with money to defray the expenses, and expressed him-
self obliged to her for taking upon herself so distressing
a responsibility, but she undertook it with sincere plea-
sure, for it was quite impossible to imagine a human
being with smaller capability of protecting himself.
The LORD MAYOR said the case was, indeed, distress-
ing, but there were considerations of a very serious na-
ture to the community involved in it, and at the same
time that he should take care to provide a temporary
asylum for the poor object before him, whose appearance
made so powerful an appeal to our sympathies, he felt it
to be his duty to apply to a higher authority to be in.
strutted in what manner to proceed in such a case.
His Lordship wrote a letter immediately after the
examination to Sir James Graham, of which the follow
ing is a copy :

Mansion-house, London, Dec. 5, 1845.
Sir,—l have the honour to inclose a copy of a letter I have
received from Mr. Hamilton, her Majesty's Consul at Bou-
logne, to which I wish respectfully to draw your attention.
The pauper lunatic arrived hero last evening with his at-
tendant, and the asylum of the City of London Union being
at Peckham, I had no alternative but to ',send them to the
Giltspur-street Compter for the night, with directions that
they should be properly treated. This morning they will be
brought before me in the justice-room, and I will require the
asylum keeper to take charge of them for the present.
The case in question is one of peculiar hardship on the
citizens of London, and if some measures be not adopted, I
fear numerous instances will occur of a similar kind. _

You will perceive that the Consul has sent to my:keeping
a maniac without the possibility of my getting at any
evidence to establish his place of settlement, leaving me
no alternative but to fix the maintenance of the pauper on
the citizens of London.
I have, therefore, respectfully to submit to your judgment
that the Consul should not have sent the pauper to me as
Lord Mayor, or if he were right in so doing, that you will
think it proper to give some direction on the subject to re-
lieve the citizens of this and similar burthens.
I have the honour to be, your humble, obedient, and faith-
JOHN JOHNSON, Mayor.
ful servant,
To the Lord Mayor Sir James returned the following
answer :

NEW COURT.
(Before the COMMON SERGEANT.)

G. R. Mason, late traveller for Stephen Green, Im-
perial Potteries, Lambeth, was indicted by his employer
for embezzlement of three several sums, making to-
gether 311. 9s. 3d.
Up to the 6th November last the prisoner had been
in the employ of Mr. Green for two years and a quarter,
during which time Mr. Green's business was consider-
ably improved by the efforts of Mr. Mason.
Mr. Green said he discharged tie prisoner from his
employment on that day, the 6th November. After
making up the accounts Mr. Green asked whether he
I had not received 141.25. 9d. from Mr. Robinson, Croydon.
The prisoner admitted he had, and said, on Mr. Green's
telling him it had not been accounted for, he was not certain
of that, he thought he had accounted for it. He was
told that it_ did not appear on the memorandum of re-
ceipts ; he said he was going to Manchester, he would
look over the memorandums, and if he found it not paid,
the amount would be sent. Subsequently to this Mr.
Green discovered that he had received two other sums
not accounted for-131. 2s. 6d. paid by Mr. Diver, wino
and spirit merchant, Yarmouth, on the 26th of April,
and 41. 4s. by Mr. Neil, china manufacturer, Chelten-
ha, on ,th 31st of ugu The
st. he payment of
these sums was proved by t gentlemen
1 and a long correspondence between Mr. Green
sad Mr. lasso. poeterior to the eth of November, was

Whitehall, Dec. 8, 1845.
My Lord,—l have the honour to acknowledge the receipt
of your Lordship's letter of the sth instant and its inclosure,
respecting the case of a pauper lunatic named Kerr, who
has been sent over from Boulogne to the port of London by.
the British Consul, and commended by him to your Lord-
ship's care, the unfortunate person abovo.named being en-
tirely destitute, and the Consul having no means of support-
ing him at Boulogne.
I think it not improbable that the Consul committed the
unfortunate person to the care of your Lordship as being
most able and willing to afford relief in this case, there
being reason to believe, from the statement in the Consul's
letter, that the settlement of his father was in the parish of
St. James.
Tour Lordship may, perhaps, on inquiry, be able to as-
certain that point; and if the settlement of the lunatics
father can be discovered, there will be no difficuLv in de-
ciding the proper course to be taken for obtaining relief.
If your Lordship thinks I can be of any service in making
inquiry as to the lunatic's settlement through the Commis-

!loners of Metropolitan
I shall be most ready to do
all in my power in assistity6 Lordship.—l have the
honour to be, my Lord, your rdship-e pbedit
-t.
JA7
The LORD MAYOR, after having mad
into the case, directed that the pauper
taken care of at Dr. Warburton's Lunt
expense of the City of London, until
his brother magistrates upon a questb
ing the interests of the City, into wl
parishes all over the country are di
occasioning enormous expense. His
with reference to the peculiar case of
if such a course as the British Consu
to be looked over by the authorities .
tudes of destitute objects, whose claims upon this country
were at any rate questionable, might be sent over upon
the authority of an officer, who ought to very cautious
of interfering in a matter so likely to prove expensive and.
harassing. In Kerr's case there was not a human being
in England, of whom the parochial authorities bad cog-
nizance, capable of giving evidence respecting the claims
his parents might have had upon any parish, so thatit only
appeared to be necessary for the friends of a pauper to,
induce a Consul to believe that the object they wished to
serve was the child of English parents, and the burthen
was politely and quietly transmitted to England. Some
short time ago, some girls who had been taken from
Nottingham to a lace-mill near Paris by the proprietor,
were sent back to England in consequence of a fire
which destroyed the manufactory. They were imme-
diately thrown upon the Lord Mayor. but as they could
tell upon what parish they had claims, the difficulty of
disposing of them was soon surmounted, and they were
received in Nottingham at once ; but in the present in-
stance the difficulty of dealing with the subject was ex-
treme, and there required the deepest consideration the
magistracy could give to it.
GUILDHALL.
Mr. Bury, a gentleman residing in the Hounslow •
road, applied to Mr. Alderman Sidney,f or a summons
against the landlord of the Goose and Gridiron tavern,
St. Paul's Churchyard, for refusing to accommodate him
with refreshments last Sunday morning, he being a
traveller, the landlord being bound to receive travellers,
and the Police Act, which requires the alehouse to be
closed from midnight on Saturday night till one o'clock
on Sunday, making an exception in favour of travellers.

-,,

%%

Mr. Alderman SIDNEY asked him how far he had
travelled en this occasion ? The applicant said thirteen
miles.

Mr. Alderman SIDNEY thought that riding so short a
distance did not entitle him to be deemed a traveller.
He might have got a good breakfast before he came out,
and then he might have fasted till one o'clock without
much suffering.
Mr. Bury replied, if the Alderman would travel thir-
teen miles on the top of an omnibus on a cold morning,
he would find out that h. required a warming when he
got off. The fact was, he did not get his breakfast be-
fore he came out, and nearly lost the omnibus too.
Mr. Alderman SIDNEY said that was his own fault for
not rising a little earlier.
Mr. Bury pressed for the granting of the summons
and he would have the matter discussed at the hearing.
Mr. Alderman SIDNEY said he was advised that the
Goose and Gridiron was not the sort of house which was
compelled to receive travellers. It was not an inn, for
it had no stables, and the liability to entertain travellers
attached only to innkeepers.
Mr. Bury said he should like to try the question, and
hoped the Magistrate would not refuse granting the
summons.

Mr. Alderman SIDNEY replied, that he should refuse
it ; for if the landlord appeared there was no law by
which he could deal with the offence. A traveller's
remedy for the refusal of accommodation was only by
action, if he could prove special damage by being forced
to seek accommodation at a considerable distance.
The summons was therefore refused.
W OR S HIP - S TREE T.
A genteelly-dressed middle-aged woman, who gave
the name of Grace Holcombe, was placed at the bar
before Mr. Broughton for final examination, charged
with having stolen several articles of female wearing
apparel of trifling value, the property of a woman named
Brown, the keeper of a house of bad repute in Marsom-
street, Hoxton New Town.
The prosecutrix stated that about a fortnight since, at
a late hour in the evening, the prisoner, who was an
entire stranger to her previously, was brought to her
house in a state of intoxication in a cab by two gentle-
men, who stated that she had just sustained a serious
accident. and wished to remain in privacy for some time
till she recovered from the injury. As this statement
was corroborated by the appearance of the prisoner's
face, which was bleediug profusely, she consented to re-
ceive her as a lodger, and the prisoner continued to re-
side there for more than a week, during the whole of
which time she remained in a state of constant in-
toxication, and was in the frequent habit of drink-
ing a whole pint of gin at a single draught. The
prisoner's thirst for drink was so insatiable,
that although she had received a sum of 30s.
on the Saturday after she had been brought to witness's
house, the whole of it had been dissipated by the follow-
ing Monday, and the witness having missed several
trifling articles of apparel during the remainder of the
week, suspected that the prisoner must have purloined
them, and kept a sharp watch upon her actions. Her
suspicions were at length confirmed by discovering that
one of the missing articles was upon the prisoner's per-
son, and she accused her of stealing it. which the pri-
soner strenuously denied, and quitted the apartment ;
but that and another article having been shortly after-
wards discovered in the water-closet, which the accused
had entered, she called in a policeman and gave her into
custody.
At the first examination, the prisoner, who was ex-
ceedingly agitated, and appeared to be completely
crushed by her degrading situation, protested her inno-
cence with great earnestness ; but, having declined to
give any account of herself, or to furnish any clue by
which her friends or relations could be discovered, the
magistrate ordered her to be remanded, that the officer
who had taken her into custody might have an oppor-
tunity of making inquiries respecting her ; and
Police-constable Millgate, of th N division, now
stated that from information he had derived from some
letters and documents which had been found in the
prisoner's possession, he had proceeded on the pre-
ceding day to an army agent's at the west end of the
town, and there ascertained that the name the prisoner
had given at the police-station was wholly fictitious,
that her connexions were of great respectability, and
that she was, in reality, the wife of a colonel in one of
the West India Regiments, who had been compelled, in
consequence of her dissolute conduct and habits of
drinking, to discard her, but had agreed to allow her a
separate maintenance of 30s. a week, which was regu-
larly paid to her through the hands of her husband's
army agents, on condition that all personal communica-
tion between them should cease for the future. The
constable added, that at every place at which he had
made inquiries respecting her he had received a precisely
similar account of her depraved conduct, and that when-
ever her money was paid to her it was invariably dissi-
pated within two or three days in the manner described.
It was by no means satisfactorily proved that other
persons might not have had access to the place where
the stolen articles were found ; and
Mr. 13eorronroN, after severely commenting upon the
melancholy spectacle which the prisoner presented in
comparison with the station in society she had formerly
filled, said that he was of opinion the charge of felony
had not been sufficiently made out to justify the pri-
soner's further detention, and he should therefore order
her to be discharged.
The prisoner, who endeavoured to hide her face from
view as much as possible, was then liberated, and hurried
out of the Court.

obedient servant,
~Dri GRAHAM.
'de fart.
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