The Sun.
London, England, 1845-11-03 00:00:00

time he saw Maynard and Garrett together was on the 27th
of May.
This concluded the case for the prosecution.
Mr. BALLANTINE addressed the jury for the prisoner in an
elaborate speech, contending that there was no evidence to
show that the prisoner had been actuated by guilty inten-
tions, or bad anything whatever to do with the robbery of
the property in question. He contended the prisoner had
been most unfai.ily treated by the Great Western Company,
as represented by Mr. Nash, who had done everything in his
power to get up a case against him, by extorting admissions
from him during several conversations, on the understanding
that they should be private, but which were now brought
publicly forward against the prisoner. It was an un-English
and illegal attempt to crush a man who had placed himself
Within their power. The evidence only showed he had acted
as the agent of Garratt, but no guilty intention had been
proved. Whatever shuffling Maynard had shown,
might naturally have procee'ded from desire to act
in the best nianner for the interest of his client, with-
out any relation as to the articles having been stolen.
That lie could not. have any intention of appropriating the
property to his own use was shown by the fact, that not the
yast evidence Was adduced to prove the property was ever
tranonrdhais,,:p;sysae, sswihoon, or that he did anything but act as agent
stated that he had found a certain article
ounlishe" the prisoner to negotiate its return for a certain
mere. pifem°neY.He fulfilled his agency,
.and nothing
they Wou' left the matter in the hands cf the jury, hoping
deuce before ionsider the whole question, and upon the evi-
• the
m decide whether or no the prisoner know-
a party to a felonious transaction, and give a ver-
The c Y.,
011131011 •,tItOEANT summed up the evidence very
Minutel, instrucLting the- jury that the real point they had
to con •
pro a°l'. was, did the prisoner Maynard receive the
zuWaslieto. stolen.
PettY into his with the knowledge that it
3 possessions
Jur, after a short consultation, returned a verdict of
jedj of Netiving the goods in question with the know-
ot their being stolen.
4! elerk of the Court then put in previous convictions of
.;111Y against the prisoner one being that of bigamy on the
"I of May, hi the 56th, year of his late Majesty Geo. 111.,
adal another in 1816, under the name of Charles Gregory, of
stealing Property of the value of 355. from his master,
The COMMON SURGEANT, addressing the prisoner Garrett,
said—You have been convicted upon your own admission of a
serious felony. The rule, and I hold it to be a right one, to
protect public companies and the public from the commission
Tothesucselint°enfrecene uponis offences
that to which you have pleaded guilty.
you
that you be transported for the
term of seven years.
the COMMON SERGEANT was then proceeding to address
tat prisoner Maynard, when the latter said he wished to
thlunke a few observations to correct a misrepresentation
tat had gone abroad respecting him. He had been charged
tik knowing that the property was stolen. Such was not
ket• It was also stated that he knew of other parties
o had been concerned in stealing property from the Great
western Company. This he denied. He never had had a
transaction with any party but the one, and he was not aware
then of any felony being committed. Had he known the
Parties referred to, ou pulic grounds he would have given
them up.
The COMMON SEnataxT—The jury have come to a dif-
ferent conclusion to that what you have stated. And I have
no doubt in my mind that you had a full knowledge at the
?me that She property which you was negotiating was stolen
youthe various railways. The sentence of the Court upon
that you be transported beyond the seas for the term
of fourteen years.
Shortly after the removal of Maynard from the bat, the
Prisoner Garrett was ordered to be brought up again on the
other indictments to which he had pleaded Guilty.
'COMMON SERGEANT (to the prisoner )—There are six cases
against you to which you have pleaded guilty. It is ntt 111 Y Intention to pass any further sentence upon Mt except in
thecase of the robbery of Mr. Winter. The sentence is,
to refore, that you be transported for the term of seven years,
Seven at the conclusion of your former sentence of
n Years—making in all a term of fourteen years.
The prisoner made no remark, but bowed to the Court, and
Quickly retired from the dock.
th,ll,‘lng the progress of the case the following confession of
'tl3°ner Garrott, was produced :
" I feel it to _ " Prison of Newgate, Ott. 1845.
againstt ho gii thesese to make any attempt to defend
tnYself a'aipst cases, and I desire to plead Guilty, at.
for
rnacoe did not myself take some of the luggage produced
ree, but they rame to me afterwards (for
Dr. Daniels' on the Great Western I did not have
T Line period after the time it is stated they were lost,
nvloeada explained to Mr. Nash). I regret that I was, in the
of in ebria tempted to embark in so dishonest a traf-
.2%o 0 the first tetrAptation having sneceeded I could only goon,
I.o"rai the habits of drinking do I attribute my first step,
to nier3 only when elevated with liquor that I was tempted
kind
!Idle in
„ these matters. But I beg to appeal to those
and so men and gentlemen with whom I for years lived,
my ,e„ 1N of whom are on the Bench and in the Court, as to
znoaly',ral character as to a servant. Some of their testi-
ese, are in the possession of Mr. Nash, who I believe has
ftlalned that I bore the highest character.
-Notwithstanding the extent of these matters, I am
left without a shillin • my thoughtless and careless habits,
1113' love g
eof dress and drink have brought me to this, and
lifilectsehthat have led me into it from an industrious course of
`6'itho"e the reflection of doing so, and then leaving me
Whose ut even contributing one shilling to defend one
they Purse and liberal treatment (even to foolishness),
oalways experienced ; and I leave them with that re-
n themselves, and on the insincerity of human na-
;,r_e. In the hour of need and peril to which they contributed.
-84.(1 I fi'llowed the advice and example of my present wife,
Zktauld now be a respectable member of society, to her I
etril always feel great respect (though 1 have deeply injured
who is an innocent suffer); and to the Governor of New and Mr. Nash, and my attorney, I tender my thanks
gate,
toheii‘rikri.nd consideration to her and my feelings in the
discharge of their duty to the, public, and to the'Companies
Nash represents. " D. GARRATT."

W COURT.
Lee
(Before Commissioner BULLOCK.)
T4c,...n!e was indicted for stealing 10s. in money, and
St. 4-at:ya for receiving part of it, the property of Mr.
' Stke ewinton.
....._4 t•Te • Baxter, a boyo was N
inChugrch-street, Stoke Newington,
the 15th Oct , a:nd about two o'clock in the afternoon
saw Lee come out of Mr. Gray's
shop, run up to two boys
standing abou t_ seven doors off, when all of them ran together.
Brown Brown is One of the VT() boys, Inglis, the other, was discharged
by the magistrate. I wentin and called Mr. Gray and asked
'Whether he had lost anything. Gray immediately went
after the boys.
W. Gray, keeps a shop in Stoke Newington. Brown came
into his shop and asked if Simmons, a shoemaker, lived
there; a little girl was in the shop at the same time, and both
Went out together. The money was then quite safe in the
till. I had been in an adjoining parlour about five minutes
ionly when the witness Baxter came in and asked whether
I had lost anything. I saw the till was half drawn out and
tipty, in consequence of which I ran out and saw Lee going
to two boys, then about seven doors off, and all when
the Way got up into a phaeton running in the same direc-
tion but soon after Brown threw away some money and I
thtPed off the phaeton and pursued him on foot A police-
1-11,Canght Brown about a quarter of a mile from my shop.
John Barnett, constable, apprehended Brown. When
I.l‘
prisoner said " I'm done."
gt„
_'ass was in his garden, where be heard cries of
°„et% ti ",me 1" and came out to the pavement. Saw no one,
the• timerOd up money, one half-crown and some shillings, to
• --4"nt of about 9s. Is not sure whether there was more
Th°,N half-crown.
kteotij'stisoners, throughout the trial, manifested the utmost
Pei", ill- Their respective ages are 16. and 17.
erisoar: Convicted, they were sentenced,to tsix months' im-
JohnceSt and hard labour.
t reswell was indicted for feloniously taking and.sell-
C.ZN benches, lathes, &c., the property of Charles Rice.
„terr,,le,e had been a pewterer for 45 years, at 43,
.Roebuck-
bliet tb;',,uover-road, but having retired from business, had
last at.- "use at Roebuck-terrace to the prisoner in March
ritteh-,‘"va rent of 451. There is a detached building at the
secatZ the yard not let to the prisoner. in which the pro-
the had left ; great deal of property. This property was,
'lkisii-A,,sst of it, suited to the business of a pewterer, which he
tea,.e,,'", to sell or to let out with the back premises to one en-
ao7hstin the business. Said nothing of the articles at all
Prisoner. Gave him no control over them, no autho-
lsBo4osohion‘vgto
them to any one whatever, but should any per-
t ea
purchase them call, the prisoner was to send
ront o nie. Made some remarks about the articles in the out-
pair some two or three months after. No rent was
Retro nP to Michaelmas, the time at which the prisoner
tIY left the house.
Cro
tent kiexamined—l believe there was no written agree-
the bet Ween us. The premises in question are across the
aft° Yard, detached. I had the key first; prisoner had it
er- I did not allow him to use these goods. He was to
aweaPyt:hem for my use, and take care that no one took them
121. ere the prisoner's counsel, Mr. HUDDLESTON, entered a
t (4).iection, to the effect that Mr. Rice had said enough
tilPrwe delivery of the goods, and, if so, that unless. felo-
°os intention could be proved at the time of the getting of
likeY• it did not amount to a felony.
ail- BALDWIN, for the prosecution, replied, and
ie Learned COMMISSIONER overruled that the question
ca-d• ti go to the jury. Mealtime the evidence was pro-
"sd With.
N.Atir" Rice cross-examined—Prisoner asked the key about a
I.l:enLgtilietieas,fteerx,etehpat he might put some crates in, and I gave
nil it ,
eh • got Lie key afterwards. Nothing was 9id abou.
were t about some articles in a box, which I said
Wnot to be disturbed.
as the property put under his protection ?—Yes.
your use?—Never to sell them.
the "L Your use ?—I never said so. I asked for
nuefteY a few days after, but then I saw it was
ti,,,.r door of the back premises; all the things were
tre• am not sure if I took the key out or left it in
door The key passed backwards and forwards two or
ee times between me and the prisoner. Prisoner got
f lre keY to move what he had got in out. I did not ask him
a°rt*the key after that: I considered the things safe. The
k2eles were suited to a pewterer. Cresswell is a beer-shop-
-o;Per Prisoner had put several fittings in the shop at his
o._nti expense, and several squares of glass under the agree-
andn that he should receive ls. per square for the new squares,
t;,Gil. to take the old. I know Mr. Barnett, but not before
olds affair, nor Mr. Church or Basely. I have seen both two
rthree days before this. I have not told Barnett that I had
authorisedonii)isooertahbeouptritshonee2rdtoof
mselalyt.he things. I had not called
goo"d1.81, PrLsoner not say he could get 121. 12s. for the
o.
own not the prisoner grain' some doors and shutters at hi
I,.ezpense?—No; I painted all betbre he came in.
4:-Jnaprisoner not say he might sell the goods for 12/. 125.,
cODrd in money and half iu coppers?—No.
ililE"e say anything of coppers 2—He at one time said he had
ipers to sell, and asked whether I could get them sold for
and he sent me one of the coppers, to show to a gen-
known to me. Some things which had been brought
the house, by Mr. Hutson, I allowed the prisoner to
V aek to
ar, but these are not in the indictment. 1 not Mr.
VBarnett that I allowed him to sell these things,did tell
and I would
row him two or three pounds for selling them. I knew that
so! nett had bought the things, and traced them there; said
ilste thing of them, but not what has now been asked.
ha~lYprosemtor's CouNset.--I did not say to Barnett that I
mgiven prisoner any control whatever over the things.
stlT4iri Barnett was put into the witness-box—l am a copper-
in ti I Purchased the goods mentioned in the indictment
roadonth of May last. I wet t the premises in Dover-
-64: loses them. Prisoner said heo bad purchased them fur
Mat'rid asked me 21/. for them. I refused this'sum, but ulti-
k,.T. gavel2s. I purchased them all at one time.
iii„,..llFe called on me about the goods. At that time Mr.
for't.doslid the prisoner might sell the goods, and get 21. or 31.
ago doing so. I mentioned this to Mr. Rice about a week
nett before the grand jury. Mr. Rice replied it is.false.
esovuea Ji!ryman—l do not recollect the former part of the
_rstaation. Mr. Rice after this sent a policeman to say
wished toe• it as a favour if I would not mention this, as ~”)
I 4prosecute the prisoner. Church and Basely are. in
,my `.llPloy,
the), hear this ?-.Yes. •
errenass ' Rice himself ?—No ; I said it publicly in my ONICn shop.
kituZexaMined by Mr. BATAurroz—The priaour never
lig been authorised to seli the thine! 4e, words of