The Sun.
London, England, 1842-08-24 00:00:00

• -• •
-aeniar of flit koOwledke ut Newstead; lie " should
merely remaikthat Mr. Churchill, feelit4,restieSs
both in mind body, thought fit to take further
steps, ..by which he had obtain such. evidence as he,
t 4
hoped Would satisfy the Court That the charge against
him was a foul conspiracy, and :pat a gang of persons.
were in existence whose emplmment was to get up'
and ihanufacture charges of an odious character
against respectable persona for the sole purpose of ex-
torting money. He should 'be enabled to prove that
Fitzgerald had been tried at Horsemonger-lane for a
criminal offence, and had been sentenced to seven
years' transportation. He had made his escape from
his sentence, and he (Mr. Clarkson) now charged him
with felony on that ground. Now, with respect to
the assertion on. the part or Fitzgerald that he knew
nothing whatever of Newstead, and had , never seen
him until the night when the alleged occurrence.took
place in Hyde-park--
Fitzgerald—And I say so now. •
before that night.
Mr. Clarkson would be able to prove that the par-
ties were well acquainted; that they had been to-
gether during the evening, and that they had lived
together in the same house in Denzell-street, before
the time when Newstead entered into the society of
Mr. Churchill, under the sham pretence of asking his
way out of the Park.
Fitzgerald—l say the man who was in Mr.
Churchill's company is nothing like this man ; he is
much lustier. I've known that man about two months,
but as to knowing anything of this man before the
night when I saw him in Hyde-park, I had no more
knowledge of him than I have of the Queen of
England.
Mr. Clarkson—He should call a witness to prove
that on one occasion, Fitzgerald said to Mr. Churchill,
"The next time you are here I'll have Newstead, the
man you was with in the park."
Fitzgerald—l said I'd have Macarthy, the lawyer.
Mr. Clarkson would also proceed to show that
Fitzgerald belonged to an organised and systematic
.gang, whose infamous livelihood was procured by
trumping up odious charges against respectable per-
sons.
Mr. J. Ellis Churchill was then called and exa-
mined-7-Lived- at No. 44, Great Marlborough-street.
Was in the house of Ellis and Everington, St. Paul's
Churchyard. Was nephew of Mr. Ellis, the Member
for Leicester. After leaving business was in the
habit of walking in-. Hyde Park when the evening was
fine.. Took a walk about a quarter before nine on the
11th August-in-Hyde Park, and was returning home
by the path that cuts . obliquely towards Oxford-
street,. whep a young man, touching his hat politely,
accosted. -htm.• about 300 yards from the gate, and
begged to be 'directed the nearest way to the City.
Witness gave him, the information, and the young
man continued to walk by his side for about 20 yards,
when the
.other man, itzgerald, came up, and ac-
cusing witness of indecent conduet, said, " You
beast, or brute, what are you doing with that fellow 7
You have been acting indecently." Witness, in a
momentof indignation, raised his stick to knock his
accuser down. • .
Mr. Claiiison:!lad you committed or participated
in any indecent act ? Mr. Churchill—Most certainly
not. After Fitzgerald ma.le the charge, he said wit-
ness must go to the station-housk•_Witness raised his
stick to knock Fitzgerald down, upon
which the other,
one laid hold-- of his arm, and said,
:IL of no use,
you had better go quietly." Witness answe."4 ",}
•see it 'is no use to • make resistance.- I will go w:!"
•
you." The prisoner Fitzgerald laid hold of witness's
cellar, and the other man walked about 20 yards be-
hind. • Fitzgerald looked back, and said, " That other
fellow.appears to keep near to us." When near Mi-.
vart's Hotel, witness requested to he allowed to call
upon a friend. Fitzgerald said, " Very well, but
what security can you give that you will come back?"
Witness said, "I have only my stick and a few shil-
lings." At that moment, seeing a policeman, witness
said, " Here is • a policernan, and now here is an end
of this:" Fitzgerald appeared desirous of avoiding
the police, but seeing witness resolute, he seized wit-
ness, and dragged him towards the constable. While
on their way to the station-house, Fitzgerald told
witness he had been watching him about three-quar-
ters 'of an* hour. Witness was locked up on the
charge, and the next day on being brought before the
Magistrate, was held to bail. On the same evening,
witness gave Fitzgerald into custody for assaulting
him in the Park. When leaving the office, Fitz-
gerald said, in a menacing manner, " You shall have
Newstead, the man you were with in the Park, be-
fore you to-morrow morning."
Mr. Clarkson—Now, Mr. Churchill, look at that
young man, Newstead, and say if you have the
slightest doubt in the world that he is the person who
accosted' you in the Park. Mr. Churchill—l have
not' the slightest doubt about the matter. The pri-
soner, Newstead, is the man who spoke to me.
•Mr. C. Wallis said he knew Mr. Churchill to be a
gentleman a unquestionable respectability. Was
present when Rtzgerabl was given into custody for
an assault upon Mr. Churchill, and heard him say in
a threatening m'inner to Mr. Churchill that he would
have Newstml forward the next morning, out of re-
venge for having been given into custody. He aided,
that he had met with Newstead accidentally that af-
ternoon

I never saw him

Police constable, E 143, Lister, said ILI heard Fii z-
gerald use the same expressions.
Ellen Thorn lived at 15, Denzell-street. The pri-
soner Fitzgerald lived in the same house since May
last, but went by the name of Stringer. He lived
with a man who was committed from Bow-street that
day named Fitzgerald. Had seen the prisoner New- •
stead frequently in Stringer's company. They used
to .go out together. Had seen NeWstead come to •
Stringer since last May about three times a week.
Witness was certain of Newstead's identity. She did
not know his name, but had noticed him on account
of his smart dress and gentlemanly appearance.
;Elizabeth Fitzgerald gets her living by selling
,things in the street. The young man at Bow-street
this day was her son. The prisoner Fitzgerald was
no relation whatever. Had given the prisoner Fitz-
gerald a character, when he was tried for taking a
purse from regentleman's footman at Camberwell, at •
Horsemonger-lane. The prisoner was transported
for seven Jearalunder the name of Stringer. This
was about four years ago. He came back last March,
and stated that his time had been given up on account
of his good behaviour. When witness saw him at the
Court this morning, she asked him how he came to
take her son 'e name. He said her son and he had
always passed as,brothers. He then added if witness
told his real name he should be done.
Mr. Clarkson asked'the old woman if she would
place herself under the care of an officer, to prevent
her from being tampered with. bet'ore trial. The wit-
.
neSs 'Consented. •
Policeman 31 heard the conversation with
Stringer, relative •to his being "done," if his real
name was disclosed.
Frederick. Clark lived in Broad-street, Golden=
square. Knew both prisoners well. Saw then.' in
company on the 11th of August, at six o'clock, near
Charing-cross. ,There were other persons with them.
Witness knew tl;em all. Knew the young man—he
went by all sorts of ,names, one of them was New 7
stead. The other prisoner sometimes went by the
name of ". bales Bill." The two prisoners were as-
sociates. Had been in their company frequently.
. NeWstead—Why. he is one of us. He robbed a
gentleman, named Bell, of a gold watch and ring in.
Hyde Park.
Mr. Clarkson-r-How - came you to know this ?.
Newstead--I :know: it right w(,11. . • .
Mr. Clarkson—Your career, young man, is now
cut short.
Newstead—Then so ought this man's to be ; he is
the worst of any of the lot.
Mr. Clarkson begged to mention that Mr. Churchill'
was desirous of exonerating Inspector Plume from all
blame in objecting to send for proper assistance when
the charge was first brought to the station-house. Mr.
Churchill begged to thank the officers for the *ready
assistance which he hid met with.
Mr. MALTBY said he could bear testimony to the
good conduCt of Inspector Plume.
Thomas Davis, town traveller, knew the prisoners
were associates. Newstead *sometimes went by the
name of Smith. .
Mr. Clarkson said here he would stop, having, as
he hoped, produced abundant evidence to induce the
.Magistrate, for the furtherance of justice, to secure
the persons of the prisoners.
Mr. MALTBY—On what charge ?
Mr. Clarkson—That they, with a criminal purpose,
went together into Hyde Park, one to plant himself
on Mr. Churchill, and the other to find the parties
together, in order to charge them with the attempt
to commit an odious offence, and by this means to
extort money from Mr. Churchill. Had they sue-.
ceeded in--obtaining any money, it would have un-
doubtedly been'. robbery ; but, as they only to )k Mr.
Churchill into custody, it amounts to an assault with
an intent to commit robbery.
Mr. MALTBY—At some period or other? .•
Mr. Clarkson—Yes; and if you think enough has
been shown to induce you to , send the case to a Jury,
I shall . ask you to remand Fitzgerald, a returned
transport, the man who made the charge against Mr.
Churchill, which charge has :been submitted to the
public, until I can have an opportunity of completing
the evidence. Mr. Churchill's character would have
been destroyed had it not been for the vigilance of the
officers.- We want•to take care. 'that Fitzgerald 'ha's
the means of making his charge againStMr.Churchill.'
Fitzgerald--I have no charge to make.
Mr. MALTBY asked the prisoners if they wished to
say anything.
Fitzgerald answered in the negative, And Newstead
began to criminate the witnesses.
Mr. MlTwx• said the association of the prisoners
was clearly proved, and he should therefore remand
them till Friday next. " And here (said Mr.,Maltby).
I will take the opportunity of expressing the. deep
satisfaction I feel at the shape the case has taken, and
the' ample means which. possesses of