The Sun.
London, England, 1845-12-19 00:00:00

MIDDLESEX SESSIONS.

(Before Mr. Sergeant ADAZO, Assistant-Judge, and a
Bench of Magistrates.)
On Wednesday, Chatles Lewis, an Irishman, aged 27,
was indicted for stealing a brass funnel, the property of
Richard White.

In itself the case did not present any feature worthy
of a report, but that which arose towards the conclusion
of the examination of the principal witness, and that
which followed, created no little astonishment in all who
were present, save the prisoner, his father, and their
witness.

The evidence for the prosecution clearly proved that
the prisoner, who had progressed some considerable way
towards the attainment of a complete state of intoxica-
tion, had, in the public-house of which the prosecutor
was the laullord, taken he funnel off the counter, placed
it in his trousers, and walked off with it. He was of
course followed and taken into custody, but upon being
charged with the theft, he denied first that he had stolen
anything of the sort, and next that he had the funnel
about him. Upon being pressed, however, upon the
subject, accompanied by a threat that he would be
searched, he without any further hesitation pulled it
from his trousers. Just as this part of the evidence
against him had been given,
The prisoner, addressing the Court, said, " Oh, my
Lord, that is nothing at all ; I often do those sorts of
things, but there is nothing in them. Only just let me
ask the witness a question, and I'll settle the whole con-
cern at once.—(Loud laughter.) Now, then, tell we,
did I take that funnel as though I intended to steal it ?
Did I take it in anything like a surreptitious style, like
this, you know, as if I meant to walk off with it ? Did
I look as if I intended to commit a robbery ? Did 1
mean to do a felony, do you think ; that's all ?"—(Re-
newed laughter.) _ _

,
The witness, who appeared to be quite overcome by
this torrent of questions, said, all he knew was that the
prisoner took the funnel, and, having hidden it in his
trousers, had then gone off- He could not tell what his
intentions might have been, but for himself; he thought
they were directed towards the appropriation of the
funnel.

The Learned JUDGE observed that the act of the pri-
soner, he thought, pretty well bore out that opinion.
Now, prisoner, what have you to say in your defence ?
The prisoner, who had previously asked for a copy of
the depositions, at once said, " Oh, my Lord, I meant
nothing of the sort; I'm not guilty of a theft. I'm given
to freaks. I'm all full of fun, innocent, harmless fun,
my Lord. That's all.—(Laughter.) Lord, I went to
Ireland, my own country, some time since, but it was all
for fun, nothing else.—(Continued laughter.) Lord
bless you, anybody who knows me knows that I would
despise any action that is bad. I might have taken this
concern, and when asked about it then have denied
either that I had it or that I knew anything about it,
and only for the pleasure of bringing it back the next
day, and having a good laugh over the affair. I might
have done that, but they spoilt the fun I should have
had. But, mind, I don't say it was so. I don't say I
took this thing; but it might have been so.—(11 uch
laughter.) Lord, I have often done these sort of things
and lots of fun we've had." ,

The Learned JUDGE—Then it is quite time that you
should be stopped in such a career. Have you any one
to speak to your character? The prisoner—I have a
number of friends who would give me a fine, aye, an ex-
cellent character. They will speak to my honourable
and good character; but

The father here stepped up and wished to say that
his son could not have done this, for ho was out of his
mind.

The Learned JUDGE—The Court cannot listen to that
at this moment ; we must hear your statement upon
such a point presently.
The prisoner—Oh, Sir, I don't wish to get off upon
that score, you may depend upon it ; don't think it.—
(Laughter.)

A "PubliCan in Wild-street then stated, that the pri-
soner was a constant visitor at his house, and that he
was in the habit of taking things away with him, and
bringing them back the next day. He sometimes took
funnels, sometimes glasses, sometimes pots, and—
The JUDGE asked the witness whether he was aware
that he had placed himself in a condition to be indicted
for compounding felony ? He would recommend him
not to say any more, but at once to stand down. But,
with regard to the jury, he was compelled to say, that if
he were to permit such testimony as that which it ap-
peared the father and the publican had come prepared to
give, and clearly without. any ground, for the prisoner
displayed all the cunning sharpness and tact of his coun-
try, it would become his painful duty then to leave it to
them to say whether they would acquit him because he
was of unsound mind. Surely, the father, and the wit-
ness he had brought with him, could not know that if it
were to happen that his son were to be acquitted on the
ground which he had set up--
The prisoner—Oh, Sir, I don't wish to get off upon
that ground. I don't, indeed ; but it would be such a
disgrace if my friends knew that I was in this place.
The Learned JUDGE.—The prisoner was sane enough ;
but he was about to say, that the father could. not have
known that the defence he had set up for his son was
such that if it were successful it would cause that son's
imprisonment for life. The prisoner had. no counsel,
and therefore it had become the duty of the Court to
guard his interests. He could not, consequently,
permit
this evidence to be proceeded with, especially as it was
manifest that there was no foundation for it. As for the
facts of the case, they were clear enough, and distinctly
proved the theft. He dal not believe one word that had
been uttered by the publican. The jury would arrive at
their verdict upon a consideration of the evidence. It
was quite clear the man was not of unsound mind ; but
if they should by any chance acquit him upon that
ground, the result would be that he would be imprisoned
for life.
The prisoner—Not by any means, my Lord ; I don't
wish to get off upon that ground, and they have not at-
tempted to set up such a defence. I very often do this
sort of thing for fun. I'm fond of a freak
The Learned JUDGE was at a loss then
to understand
what object the father could have had in saying anything
upon the subject. However, he would leave the case
now to be dealt with by the jury.
The jury at once returned a verdict of Guilty, but at
the same time recommended the prisoner to mercy.
The prisoner then said it was a most dreadful thing
co:• him, with regard to his friends, to be in such a posi-
, tion.

The Learned JUDGE remarked, that his friends were

aware of his position, because the father had come
forward.

The prisoner—Oh, but my father does not tell at:y
one about it. lie k'eps it to himself.—(Laughter.)
The Learned JUDGE ordered tie prisoner to be re-
manded until the next session, and that inquiries should
be made respecting his connexions and his previous mode
of life.

RAILWAY RESPONSIBILITY.
(From the Times.)
The railway drama approaches its denouement. Each day
developes some new of of the actors to escape the toils
they have spread for each other. The more they struggle the
more the plot thickens, and the deeper becomes the interest
of the scene. There is a strange peculiarity in the perform-
ance. It reverses the established order of things, and inverts
the common proportion of numbers between the players and
the audience. Here we have on one side a crowded stage and
a whole community for the dramatis perslnce, on the
other a beggarly account of empty boxes, dotted thinly here
and there with a few critical and unsympathising spectators.
For our own part we have but little pity for the sufferings of
disappointed speculators. They have not, for the most part,
any legitimate claim upon our feeling. Theirs is a common
case. A large adventure and great risk; enormous gains on
one side, ruin on the other. The throw of the dice has been
unlucky; but the gamester, though entitled by pre-
scription to accuse the fickle goddess he adores,
has no right to quarrel with the better fortune of
his fellow-worshippers, and certainly none to ask
assistance from the bystanders. We speak, of course, of
those only who have been playing with their eyes open. It
is a very different matter when the dice have been loaded
and the cards packed. Then all who see may interfere, and
it is the duty of all to expose the cheat. It cannot be
doubted that in the monster catalogue of railway schemes
there are many bubbles. Companies there must be which
never had an idea of proceeding beyond provisional registra-
tion, nor any object but to raise deposits and rig" the
market. These arc not bond fide associations. They have
flourished by false pretences, and are, in fact, fraudulent
and illegal. The public needs not to be informed, that the
promoters of such schemes can have no claims upon sub-
scribers which a court of law will enforce. Deposits that
have been paid to them may be recovered back; and de-
posits that are apparently due to them upon letters of al-
lotment, but which have not been paid, are safe in the
pockets of the holders. It is idle to talk of partner-
ship and liability to contribution and an equitable adjustment
of losses. There is no partnership where the contract has
been a fraud practised by some members upon the others,
and consequently there can be no claim to contribution. And
what equity is there in sharing losses where there never
would have been an account of profits? But unfortunately
it is often difficult to prove fraud. There is a strong rule of
law that it shall never be presumed, and the burden of proof
lies always on the party who makes it his defence. It may
thus happen that bubble companies who have laid their
plans well, and so cautiously worded their advertisements and
prospectuses that no false pretences can be shown, will be
bold enough even to assume the offensive and to take legal
steps for enforcing the payment of their deposits. This has
often been threatened, and sometimes, we fear, with success.
The form of the threat hitherto has been a simple demand of
payment on a certain day. One company, however, has gone
a step further, and holds forth the terrors of a Chancery suit
as the penalty of non-payment. The circular of the Great
Welsh Central Railway Company is in these words:—
" December 10, 1845.

" Sir,—Upwards of 400,000 shares were applied for in this
undertaking by yourself and others, persons of known sub-
stance and respectability. On the faith of such applications
the Committee of Management was induced to make very
considerable outlays, proportioned to the extent of the line
and the high estimation in which it was held by the public.
The deposits on a considerable number of the shares allotted
to other applicants, as well as on those allotted to you, have
not been paid.
The expenses, considering the magnitude of the scheme,
will be but small, if borne rateably in proportion to all the
allotments, and as it would be manifestly unjust to throw
such expenses exclusively on those parties who have honour-
ably kept their engagements, the Committee have thought it
their duty to lay this case before high legal authority, and
are advised that every applicant to whom shares have been
alloted is legally compellable to pay the full amount of his
deposit.

4 Acting under this advice, and with a view to a fair and
just apportionment of such expenses, the Committee have
directed me to request that you will, on or before Thursday
next, the 18th inst., either pay into the hands of one of the
undermentioned bankers the sum above specified, tieing at
the rate of 4s. per share on your allotment, and your average
ratable proportion of such expenses, or that you will forward
to me before that day the name of a solicitor who will under-
take to appear for you to a bill in Chancery at the suit of the
Company. Thus you may be spared the personal inconve-
nience and annoyance of being personally served with the
writ of subpcena."
The " high legal authority" which is here alluded to is
probably that of Sir Fitzroy Kelly, who has, we understand,
given an opinion to the effect that the application for shares
and letter of allotment constitute of themselves a complete
contract, by which the applicant binds himself to become
a partner, to the extent of the shares allotted to him,
in a copartnership recognized by law—namely, by the
Joint-Stock Companies Act. This opinion certainly appears
to be quite irrespective of the issuing of scrip or the signature
of the Parliamentary contract. Such, we believe, is the
general impression among the lawyers who have viewed it
favourably. If it be correct, we can only say it is most un-
fortunate; for the extent of liability it imposes upon thou-
sands of imprudent individuals cannot be viewed without
alarm. It is, however, to be remarked, that the Solicitor-
General's opinion does not touch the case of a party, who,
having paid his deposit, applies for his scrip and offers to
sign the contract, but is refused the one, and not allowed to
do the other. It would certainly appear reasonable that
the law should make a difference between such a per-
son and one who refuses altogether to pay his deposit,
because he finds there is no chance of premiums in
the market. It' the former has been the case of the
Welsh Railway, we are strongly inclined to doubt
their having been well advised. At all events, there are
some crumbs of comfort still remaining for the victims, which
we are at all times ready to distribute to them ; but,
be it understood, more out of pity than from any acknow-
ledgment of their deserts. It may so happen that the ques-
tion will be, whether the contract is one of present or future
partnership—a question which, of course, depends very much
upon the terms of the prospectus, and the particular acts of
the parties. If the projected company be advertised to con-
sist of a certain number of shares, a part only of which are
allotted—a considerable portion being reserved—no matter
for what purpose, the individual who has agreed to take
shares in such a scheme may well be heard to say that the
partnership he contracted to belong to has never been formed.
There is no doubt that the original projectors are the parties
liable to pay all expenses. In the absence of any express
promise on the part of the so-called shareholders, any
are
not chargeable for contribution. It has been said that
persons set a scheme afoot, and assume to be directors or
managers, all the expenses incurred before the scheme is in
actual operation must, in the first instance, be borne by them.
When it is in operation, the expenses and charges of manage-
ment will be borne by the concern ; tied then it may be fair
that the preliminary expenses should be paid in the same
way, for then the subscribers have the benefit of them.
There is no lack of decisions on this point, and "Nickels r.
Crosby" may be worth an attentive perusal. It may, how-
ever, be urged that what the Committee of Management seek
to establish in the case under consideration is not so much a
partnership, as a contract to pay an ascertained sum for the
purpose of carrying out a certain undertaking, the specific
performance of which contract will he enforced by a court of
equity. This is probably the real state of the case. If so,
we advise all those who are sought to be charged to remain
perfectly quiet, and to keep their money in their pockets.
Let these projectors try their luck in Chancery. If they do,
' we promise ourselves the sport of seeing "the engineer hoist
with his own petard."

THE LATE MINISTRY.—Sir Robert Peel had a
meeting of certain members of the late Administration, on
Wednesday morning, at his residence in Whitehall• gardens.
The meeting took place at the early hour of ten o'clock, and
among those present were the Earl of Aberdeen, the Earl of
Lincoln, Sir James Graham, the Chancellor of the Exche-
quer, and the Right Hon. Sydney Herbert. The meeting se-
parated at half-past eleven o'clock. The Earl of Aberdeen
leaves London to-day for Brighton. Lord Wharncliffe is very
much indisposed at his residence in Curzon-street, Lord Gran-
ville Somerset has left town. His Lordship has not attended
to his official duties since the members of the Cabinet ten-
dered their resignation.
SYRO-EGYPTIAN SOCIETY.—A very numerous
meeting was held on Tuesday evening, Dr. John Lee, F.R.S.,
President, in the chair, when a paper was read by Mr. John-
son on different types of the Mongolian race, particularly
illustrated by remarks on the analogy of the Bushmen of
South Africa with the Gongas of Abyssinia. There were
exhibited two interesting juvenile specimens of the former
race, which, on account of the unremitting hostility prac-
tised against them by the Kaffirs and Hottentots, and by the
whites prior to the occupation of the Cape of Good Hope and
its dependencies by the English, are fast becoming extinct.
The parents of the two children were killed by a Kaffir tribe,
by whom they were sold to a Dutch Boer for a gun. An in-
teresting conversation followed, in which it was satisfactorily
proved that they formed an important connecting link in the
scale of an universality of the origin as well as the religion of
the human race.
Loss or LITE BY FlRE.—Wednesday an inquest
was held before Mr. Baker, at the Coach and Horses Tavern,
Myddleton-street, Whitechapel, on the body of Jessie Jacobs,
aged 85 years. The deceased was a Jewess, and on Saturday
last she was left alone in a room in which was a large fire,
and during the temporary absence of a female who had been
engaged to do the household work, her clothing by some
means caught fire. Her screams brought several persons to
her aid, who, with considerable difficulty, extinguished the
flames, but not before her arms, face, neck, and upper por-
tion of her body were frightfully burned. She died soon
after from the effects of the injuries. Verdict, "Accidental
death."

-----
YANKEE COURAGE.-General Green, in his history
of the Texian expedition against Mier, observes that those
Texian soldiers who had the most bloody mottoes painted on
their caps were the last to prove them true, and he does not
recollect seeing one with a " liberty or death" motto who did
not take the liberty of returning home a little too soon. It is
aptly enough remarked by the Baltimore American, that the
illustration here given of loud-talking bravery should be
kept in mind when we hear noisy declaimers about war,
treating it as though it would be to them a mere holiday
amusement.—Journal of Climmerce.
SERIOUS CABRIOLET ACCIDENT.--Wednesday after-
noon, between two and three o'clock, Edward Middleton,
Esq., of Montague-square, was driving at a quick rate along
Park-lane, when in passing a coal waggon, the driver acci-
dentally struck Mr. Middleton's horse over the back with
his whip. The horse instantly set off at a furious speed, and
Mr. Middleton in his alarm lost all control over him, and
leaped out of the cabriolet into the road, unfortunately falling
on his head. The groom descended from behind the cabriolet,
and succeeded in stopping the horse without further mischief
being done. On examination, it was ascertained that the
injuries sustained by Mr. Middleton, though severe, were not
dangerons.

FATAL ACCIDENT AT KING JAMES'S STAIRS, WAI"..
riNG.—Wednesday Mr. Baker held an inquest at the London
Hospital, on view of the body of Mary Jeffreys, aged twenty-
four, whose death was caused by falling over the wharf ad-
joining king James's-stairs, Wapping. The deceased, who
had been six years in the service of Mr. Foster, a gentleman
residing at Wapping, on the 29th of September ult. had a
holiday. She was returning home about ten o'clock at
night, when in mistake she turned down the thoroughfare
leading to King James's-stairs, which was near her master's
residence. On reaching the end she fell over the wall of
the wharf, which is unprotected, and was precipitated a
depth of about twelve feet.. On being taken up, her left
ankle was found dislocated. She was removed home, and
from there was conveyed in a cab to the London Hospital,
where she lingered till Monday last, on which day she died
from exhaustion arising from the injury. It having been
stated by Mr. Foster that many accidents have occured
at
the same spot, the Coroner, at the request of the jury, said
that he would write to Mr. Mellish, the vestry clerk, to have
some protection placed there. Verdict---" Accidental death."