The Sun.
London, England, 1829-02-24 00:00:00

LAW IN TELLIGENCE.-(TIIIS DAY.)

COURT OF CHANCERY.
IN THE MATTEIt OF MITCHELL, A LUNATIC.
The private hearing of this case again occupied
the Court during tlie whole of the day.

COURT OP KING'S BENCII.
PAI:1:F. 7'. \ QUES.

This tval an action by the a surgeon and
apothecary at Gravesend, to recover the sum of
261. 135., from one of his patients for medicine and
attendance.

Sir J. ...',CARLETT stated the case, and called
Frances Wright, a nurse, who attended defendant
in his illness, in 18?4; he lived at Gravesend ;
was with him, Mr. Jaques, about five months, and
Mr. Rake attended hint, and sent medicine every
day ; Mr. Jaques recovered.

John Armstrong, assistant to plaintiff, proved the
261. 13s. was a reasonable charge for the medicines
and attendance. The distance of the defendant's
residence from the plaintiff's was about two miles.
If a person was affected with a complaint similar to
what might be collected from that bill, the medi-
cines there supplied were proper.
This was the plaintiff's case.

Mr. HurrmNsoN contended that the evidence
was not sufficient to form a case for the Jury, inas-
much as the nurse stated that the attendance was
in 1824, whereas in the plaintiff's bill there was not
a single item charged in that year.
Lord TENTERDEN considered that there certainly
was, as there were many persons i❑ a much better
situation than the nurse who might have made
much greater mistakes with regard to dates. It was
sufficient that she proved five months' attendance.
Mr. litrrenNsos then stated to the Jury that the
question put to the shopman relative to the property
of the medicine and the nature of the disease, was
complete nonsense, as no person could possibly
judge from the bill which was put into his bands,
whether the patient had any particular disease, or
whether he had any at all, as the charges for medi-
cine were equally applicable to all complaints, or to
none at all.—(Laughter.)—There was nothing but
mixture, mixture, and draught, draught, and the
only particulars which he condescended to were
bleeding a lady, and it appeared that he meant now
to bleed the plaintiff—( Loud laughter)—in another
way, as there was no evidence that the latter knew
any thing about the lady.
The Learned JUDGE summed up, and the Jury
found for the plaintiff—Damages, 26/. 9s.

OLD BAILEY SESSIONS.-(THIS DAY.)

OLD COURT.

At the sitting of the Court twenty-three prisoners
were discharged by proclamation, the Grand Jury
having ignored the bills prepared against them.
Thomas Wilson was charged with fraudulently ob-
taining from Mr. Upsall, a pawnbroker, several sums
of money.

The prisoner, a working silversmith, was in the
habit of pledging crude silver with the prosecutor,
and, from his constant visits, die articles he brought
were seldom looked at, but the sum he asked for ad-
vanced; but, in consequence of something that oc-
curred, the pledges were inspected, and it was soon
discovered that instead of being silver, as repre-
sented by the prisoner, they were only pewter. He
shortly after this discovery brought another quantity
to pledge, which, like the former ones, was only
pewter : he was then given into custody.
Cross-examined by Mr. PHILLIPS—The prisoner
had frequently redeemed some of the pledges.
Mr. PHILLIPS addressed the Jury for the pri-
soner. He would not deny that the pawnbroker
had taken in pledges, supposing them to be
silver, when in fact they were not ; but
it was his own fault in not exercising a proper
caution. It never was the intention of the defend-
ant to defraud the prosecutor. He would have re-
deemed the whole of the pledges if this prosecution
had not taken place. The unfortunate defendant
some years since moved in the most respectable so-
ciety, but was unfortunate in business; and such
was the distress to which he had been reduced, that
it was a positive fact himself and family, consisting
of a wife and three children, had actually lived for
three whole days, on a twopenny loaf!
Several witnesses gave the defendant a most ex-
cellent character.—Verdict, " Guilty." Six weeks'
imprisonment.

TRIAL OF BYRNE AND ROEBUCK, FOR PERJURY.

Jane Byrne, aged 19, and Elizabeth Roebuck,
aged 43, were indicted for wilful and corrupt per-
jury ; there is another indictment against them for a
conspiracy. It will be recollected that the prisoner,
Byrne, at the last Sessions, prosecuted William
Smith, Esq. on a charge of violating her person, and
Roebuck was her only witness in support of that
charge. The evidence they then gave was so com-
pletely contradicted by other witnesses, that the
Court stopped the case, directed the jury to acquit
Mr. Smith, and committed them for wilful and cor-
rupt perjury._ _

At 11 o'clock the prisoners were placed at the
bar, and on the indictment being read, pleaded
Not Guilty.

The prisoners are charged on separate indict-
ments; the one first proceeded in was against
Elizabeth Roebuck.

Mr. ALLEY, with whom was Mr. C. PHILLIPS,
stated the case for the prosecution. The Learned
Counsel begged the most earnest attention of the
Jury ; for the case, perhaps, was one of the most
important that could be brought before them. The
prisoners were _charged with an offence which, if
not punished, the life of every man was in danger.
He then minutely stated the facts, as afterwards de-
tailed by the following witnesses.
Mr. ALLEY, in the course of a long address,
which occupied nearly an hour, observed on the
great benefit the public derived by publishing police
reports in the newspapers. If Air. Smith's case
had not been reported, in all probability he would
have f►llen a vict►m to the false charge made against
him by the prisoners.
The Clerk of the Arraigns produced the record of
the acquittal of William Smith, on a charge of rape,
preferred against him by Jane Byrne.
Mr. Bnckler, examined by Mr. ADOLPHUS—I am
short-hand writer to the Court, and took notes of
the evidence of Elizabeth Roebuck.—(The witness
here read the evidence given by the prisoner, upon
which the charge of perjury is assigned.)
By Mr. HILL—The prisoner had no attorney or
counsel on the trial of Mr. Smith.

William Smith, Esq., examined by Mr. PHIL-
LIPS—I reside at No. ]5, Euston-place, and am a
merchant. I know a woman named Jane Byrne;
she lived with me as a housemaid ; she entered my
service on the 9th of September. I had met her
several times previously in the New-road. I
have been separated from my wife eight or
nine years. Byrne used to sleep in my bed-
room. We had but one bed. She slept regu-
larly with me until within the last four nights of
being in my service. On the day she left, I went
from home about my usual tithe (eleven o'clock),
and returned about four o'clock. The prisoner Roe-
buck was then living with me as cook, and on that
day opened the door ; she was perfectly drunk. I
did not at that time see Byrne, in consequence of
the prisoner being drunk. I went for a gentleman
named Thurston, who returned to the house with
me and heard what passed. Prisoner was very
abusive. I said in the presence of Thurston that I
had slept with Byrne every night.
RECORDER—Was this before any complaint was
made against you Witness—lt4vas.
By Mr. PHILLIPS—No complaint was made
against me on that day, when I said that I had slept
with them, neither Byrne nor the prisoner made any
remark, they did not attempt to contradict me when
I said so ; I appealed to the prisoner, and said " You
know it is true,"Pat ;" she made no reply. I then
addressed myself to Byrne, and said " You brute,
you know it is true ;" she appeared quite drunk. I
never possessed mys'elf of the person of B 3 me against
her will. It was four days after this conversation

before Byrne made any charge against me. I WaS
examined twice at Marlborough-street, and com-
mitted, but subsequently admitted to bail before
Mr. Justice James Parke.

By Mr. HILL, Counsel for the prisoners—How
many times have you been taken before a Magistrate?
Witness—l cannot say; it may be three or four; I
have been at 'Worship-street, Hatton-Garden, and
Marlborough-street; they were all on charges of
common assault.

Mr. HlLL—What, every one of them ? Witness
—No; I was once at the Thames Police, on a charge
of flogging some sailors.
Mr. HlLL—What was the nature of the charge
at Hatton-Garden ? Witness—Taking some im-
proper liberties.
Mr. HILL—Was it not a charge of rape ? Wit-
ness---It has been so long since I cannot exactly re-
collect.

Mr. HILL—NOW, pray be careful ; take time to
consider; was it not a charge of rape ? Witness—
Upon my word I really think it must, but upon
my honour I cannot exactly say ; it was my wife's
uncle that persuaded the girl to make this charge
against me; she had lived with me ever since she
was two years old; I brought her to this country, and
called her Eliza Smith ; she was about fourteen years old
at the time she charged me with taking improper liberties ;
I used to say she was my daughter, and I believe she did
not for some time know to the contrary.
Mr. TALI.Was this the only charge of taking impro-
per liberties ? Witness—No ; was charged by a servant
at Marlborough-street, hut the Magistrates dismissed it.
Mr. HILL—Was this the only one ? Witness—No; I
was charged a little more than a year ago by another ser-
vant at Marylebone ; I cannot tell her name.
Mr. HILL—Was you then discharged ? Witness—No,
I was tried at the Middlesex Sessions, found guilty, and
fined twenty pounds.
Mr. llmr.—Do you call this a common assault. Wit-
ness—Yes.

"Mr. HILL—Who prosecuted yon on that occasion.
Witness—The parish officers, I believe, it was for an as-
sault, with intent to commit a rape.
By Mr. HlLL—Have you told us all the charges that
have ever been made against you? Witness—l believe I
have, other women have demanded money of me for im-
proper liberties, but I do not recollect any other charge.
Mr. HILL—I mean i❑ other countries as well as this ?
Witness—l never was charged with any assault, in any
other country.
Mr. HILL—Now Mr. Smith, we have done with the
charges made against you for indecent assaults. Have you
not had charges of a criminal maitre ? Was you not
charged with threatening to hang a woman? Witness—
With great warmth,—Never, Sir, never.
• • Mr. HILL—Do you know a person named Lyle or
Wright; did not they make some such charge ? Witness—
No, never ; it is as false as It-11, I turned her out of
doors, and she charged use at Marlborough-street with a
common assault, when I was fined forty shillings.
Cross-examination continued—The prisoner Roebuck
had received a month's notice to leave previous to the charge
of Byrne being preferred ; it was i❑ consequence of ker
being drunk two er three times a week ; she also used very
bad language. Ido not recollect whether I ever assigned
any other reasons for turning her away. Ido not recollect
whether a paper was given me to sign at the Police office.
I am not certain, and if I was to swear wrong they would
directly indict me. I have never said that I had a connection
with Byrne on the day she left. She had not slept with
me for four nights previous. I never said that I turned
Roebuck away, because she came into toy service with a
false character ; she beard cif my situation through an ad
vertisement in the papers. I applied, since my trial last
sessions, to Mr. Wontner. the Governor of Newgate, for
leave to have a private conversation with Byrne, but not
with Roebuck.

To a question by Mr. ALLEY, the witness said (smil-
ingly) that he really thought that he had not been charged
quite so many as four times with indecent assaults.
RECORDER--.Will you swear, Sir, that you have not ?
Witness—My dear Sir, I am not quite positive.
RECORDER-Don't call me "dear Sir." Will you Weal
positively that you have or have not? Witness-1 will
say, then, three times, Sir.
RECORDER—You have before sworn to four charges; do
you now mean to say' that was not correct ? Witness-1
cannot say.
After a few more questions of a similar nature,

Mr. Thurston was called, and

Examined by Mr. Au.tv.—l am a horse-dealer living
in Southampton-mews; Mr. Smith came to me on the
29th Nov. ; I heard him say to Roebuck that he had re-
peatedly slept with Byrne, which neither of them contra-
dicted.

RECORDER-Are you a married man ? Witness—Yes.
RECORDER-Did you not say any thing to Mr. Smith
on the impropriety of his conduct? Witness—l do not
recollect.
IlEcoanFx—Stand down, Sir.

James Abrahams, a young lad, examined by Mr. Phillips,
I used to live with Mr. Smith as a groom ; on the 29th
of November both Roebuck and Byrne were tipsey ; heard
my master say that he slept with Byrne up to the last
four nights, which neither of them contradicted.
REconnEn—How old are you? Witness—About 15
years, I know the obligation of an oath.
Henry Little examined—l am a hackney coachman, on
the 29th November, I took the prisoner arid another female
from Mr. Smith's house, they were quite tipsy, when I
opened the door to let them out, they were asleep and
" lolling" one against the other.
By the RECORDER-The prisoner at the bar came for
the coach and ordered me to drive to Devonshire Mews.

Miss Baxter was then called and examined by Mr.
ALLEY-Her testimony was to the same effect as on the
trial of Mr. Smith.

This witness was under examination when our paper
went to press. The triul is not expected to conclude be-
fore a late hour.

THE MARKETS.-(THIS DAY.)

FISH-MARKET, BILLINGSGATE.

This morning's market exhibited a good supply of all
kinds of fish, and the market was well attended by buyers.
The following were the prices :
Prime Turbot, each los. 04. to 20s. Od.
I)itt9 small, per do.
Cod-fish, each 6 0 10 0

Soles, per three pairs

6 0

SalmOti, per :b. ' 2 0 2 6
Fine Whitings, per 15 4 0 10 0
Scate, each
Haddocks, por dozen l2 0 16 0
Brill, each
_ .

Ciurnotts, each
Live Flounders, per quartern
Dutch Plaice, per basket 2 0 6 0
Fine Lobsters, per score 7O 0 E 0 0
Shrimps, per gallon
Fine Yarmouth Red Herrings, per hundred 6 0 7 0
Scotch ditto 5 0 6 0

Pickled Herrings, per 104)
Best Common Oysters, per bushel
Natives 3O 0 38 0

HAY MARKETS.—(At per Load of 36 Trusses.)
ST. J A M ES'S.

Coarse heavy Lowland Meadow Hay £2 5 to £2 10
Best New Meadow Hay 2 15 3 0
Fine Upland Meadow and Rye-Eras.' Hay 3 10 4 4
Clover Hay 3 8 5 0
Oat Straw £ 1 10 to .£1 14 I Wheat Straw 1 11 1 18
A great supply, and a very dull trade; and prices as last quoted.