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

~:f M4y.

This concluded the case for the p.rosectiti:m.
Mr. linin..ayrixte addressed the jury fur the prisoner in an
eaborate speech, contending that there was no evidence to
show that the prisoner had be :n actuated by guilty inten-
tions, or had anything whatever to do with the robbery of
tl.e property in question. Ile contended the prisoner had
Leen most unfaialy treated by the, Great Western Company,
as represented by Mr. Nash, who bad done everything in his
power to get no 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 thUprisoner. 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 tile agent of Garratt, but no guilty intention had been
proved. -Whatever shuffling Maynard had shown,
alight naturally have proceeded from a desire to act
in the best manner for the interest of his client, with-
oat any relation as to the articles having been stolen.
That he coati not have any intention of appropriating the
property to his own use way shown 13y the fact, that not the
least
tl,lls seep,iGdsenssceinvin-,as adduced to prove the property was ever
that he did anything but act as agent
ra party, who stated that he had found a certain article
"1111'11 wished the prisoner to negotiate its return for a certain
iltn(znt of n
‘l°ae.Y. He fulfilled his agency, and nothing
tdheenyc
kit the matter in the hands if the jury, hoping
old consider the whole question, and upon the evi-
before them decide whether or no the prisoner know-
diel
was a party to felonious transaction, and give a ver-
aceordinei
toe
ie
nutely, ins
on
Th c
ontu SERGEANT summed up the evidence very
onskier, was
tructing htte jury that the real point they had
did he prisoner Maynard receive the
properly into his' possessioni with the knowledge that it
was stolen.
a:rillejurn after a short consultation, returned a verdict of
esio3. of receiving the goods - in question with the know-
,e of their being stolen.
~
clerk of the Court then put in previous convictions of
29th against the prisoner, one being that of bigamy on the
zuth of May, in the 56th y-ear of his late Majesty Geo.
and another in 1816, under the name of Charles Gregory, of
stealing property of the value of 355. from his master.
The COMMON SERGEANT, addressing the prisoner Garrett,
4alLi—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
(1 such offences is that to which you have pleaded guilty.
The sentence upon you is, that you be transported for the
term of se-:en years.
„"l the CONIIION SLMGEANT was then proceeding to address
Prisoner Maynard,. when the latter said he.wished to
a • few observations to correct a misrepresentation
.th 4 "ad gone abroad respecting him. He had been charged
kilowing that the property was stolen. Such-was not
the fact. It was also stated that he knew of other parties
`ho 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
hen of any felony being committed. Had he known the
Parties referred to, on public grounds lie would, have given
them up.
The COMMON SaRGEANT—The jury have come to a dif-
ferent conclusion to that what you have stated. And I have
.0 doubt in my mind that you had a full knowledge at the
'Pile that the preperty which you was negotiating was stolen
from the various railways. The sentence of the Court upon
o" is, that you be transported beyond the seas for the term
f fourteen years
Shortly after the removal of Maynard from the bar, the
prisoner Garrott was ordered to be brought up again on the
other indictments to which he had pleaded Guilty.
a , SERGEANT (to the prisoner)—There are six cases
I.triltaeinntsittyie. , to which you have pleaded guilty. It is not my
pass any farther sentence upon you except in
ease of the robbery of Mr. Winter. The sentence is,
a therefore, that you be transported for the term of seven years,
gvc.crnmence at the conclusion cf your former sentence of
-rs—making in all a term of fourteen years.
prisoner made no remark, but bowed to the Court, and
retired from the dock.
the the progress of the case the following confession of
Prisoner Garrett, was produced :
" Prison of Newgate, Oct. 31, 1845.
Th,".sleiffeel it to be useless to make any attempt to defend
atg°ainstagainst these caies and I desire to plead Guilty, al-.
stance
11g.1 I did he luggage pro-duced
not myself take some t)f t .
D. e, but they came to me afterwards (for in-
for so • Daniels' on the Great Western I did not have
as .r tine periol after the time it i 3 stated they were lost,
imitnbltiaeituatttli.oeex.plained to Mr. Nash). I regret that I was, in the
leebriation tempted to embark in so dishonest a traf-
and le first temptation having succeeded I could only go on,
forto the
1V of drinkin do I attribute my rst step,
to a 3 Only when elevated with liquor that I waft tempted
.ceddle in these matters. But I beg to appeal to those
nlnoblemen and gentlemen with whom I for years lived,
!n.ll. some of whom are on the Bench and in the Court, as to
my general character as to a servant. Some of their testi-
'els are in the possession of Mr. Nash, who I believe has
ase
left Tained that I bore the highest character.
Notwithstanding the extent of these matters, I am
withont a shilling; my thoughtless and careless habits,
I_3(r) lore of dress and drink have brought me to this, and
those that have led me into it from an industrious course of
Ir. have the reflection of doing so, and then leaving me
without even contributing one shilling to defend one
'6,:ehees:alPl:l-
-
eaxnpderliiclonecreatli; treatment (even to foolishness),
and I leave them with that re-
retipn 011 themselves, and on the insincerity of human na-
Vil. in the hour of need and peril t 4 which they contributed.
li,(1 I fellowed the advice and example of my
toilpresen wife,
shall an3o,swfebeel a respectable member of society, er I
great respect (though 1 have deeply injured
na_ae who is an innocent suffer); and to the Governor of New•
dfoisrtet,_heainrcl. Mr.;nd id Nash,cons and my attorney I tender my thanks
eration toher and my feelings in the
parge of their duty to the public, and to the Companies
whoni Mr. Nash represents. "
D. GARIZATT."

AEW COURT.
(Before Commissioner BULLOCK.)
Lee was indicted for stealing 10s. in money, and
(7;ritiLar.ssnali:roaftior receiving part of it, the property of Mr.
—3' t* Marrs, Stoke Newington.'
on the ' 03-, was in Church-street, Stoke. Newington,
std'ato Oct.,. and about two o'clock in the afternoon
staee came out of Mr. Gray's shop, run up. to two boys
Brow.ding about seven doors off, when all of them ran together.
n Cs
s . one of the two boys, Inglis, the other, was discharged
°Y the magistrate. I went in 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
91.",1Y when the witness Baxter came in and asked whether
"ad lost anything. I saw the till was half drawn out and
!alPt3', in consequence of which I ran out and saw Lee going
tip to two boys, then about seven doors off, and all when
leY saw me ran away togstber. I pursaed them, and on
ttihoe_w.o)•* got up into a phaeton running in the same direc-
i. " , but soon after Brown threw away some money and
i',,t'Ped off the phaeton and pursued him on foot A police-
Tohenauht Brown about a quarter of a mile from my shop.
coo Barnett, constable, apprehended Brown. Vi hen
let, the prisoner said " I'm done."
" S«„rs lasi was in his garden, where he heard cries of
tint him !" and came out to the pavement. Saw no one,
the up money, one half-crown and some shillings, to
t laic‘'`o ount of about Os. Is not sure whether there was more
'1 hene half-crown.
WIN). prisoners, throughout the trial, manifested the utmost
n „ Their respective ages are 1G and 17.
urisono`a°llvicted, they were sentenced_to six months'
'a g
Jolo, et and hard labour.
took Zswell was indicted. for feloniously taking and.sell-
C. ti" ueoches lathes, &c., the property of Charles Race.
tesrae ee had. been a pewterer for 45 years, at 43, Roebuck-
!et tbee'hpaver-road, but having retired from business, had
‘lst a 'c'tise at Roebuck-terrace to the prisoner in March
hack 'ilrent of 451. There is a detached building at the
seelltosf ae, Ward, not let to the prisoner, in which the pro-
the • had left a great deal of property. This property was,
wisheis,t," it, suited to the business of a pewterer, which he
Ragea in— sell or to let out with the back premises to one en-
to the the business. Said nothing of the articles at all
city t Prisoner. Gave him no control over them, no autho-
-°,Bllow them to any one whatever, but should any per-
hirorta'atdog to purchase them call, the prisoner was to send
hoes: 'lle. Made some remarks about the articles in the out-
Paid some two or three months after. No rent was
secretly to Michaelmas, the time at which the prisoner
e LiY left the house.
rcs,.l-examined—l believe there was no written agree-
they.,""tween us. The premises in question are across the.
afterd, detached. I had the key first; prisoner had it
kee r• did not allow him to use these goods. He was to
als4them for my US4 and take care that no one took them
le Here the prisoner's counsel, Mr. HUDDLE/31'0N, entered a
gal * •
to objection, to the effect that Mr. Rice had said enough
ret'r"v'e delivery of the goods, and, if so, that unless felo-
sh;ais intention could be proved at the time of the getting of
sisleY, it did not amount to a felony.
.1,• BALDWIN, for the prosecuticn, replied, and
Rhotile,, Learned COMMISSIONER overruled that the question
Nee lei wi go to the jury. Mea :title the evidence was pro-
to .ir Rice cross-examined—Prisoner asked the key about a
• itirtaiglit after, that lie might put some crates in, and I gave
lt• I got the key afterwards. Nothing was said about
Were not
except about some articles in a box, which I Gad
I.ohet to be disturbed.
ris as the property put under his protection ?—Yes.
I,°''t,r Your-use ?—Never to sell them.
the
Sour use ?—I never said so. I asked for
days after, but then I s it was
thethelor of the back premises ; all the things were
re' I am not sure if I to. ,k the key out or left it in
t4e d°". The key passed backwards and forwards two or
there times between me and the prisoner. Prisoner got
fosileY,to move_ what he had got in out. I did not ask him
articles'e KeY after that. I considered the things 'safe. The
1e were suited to a pewterer. Cresswell is a beer-shooetier. Prisoner had put several fittings in the shop at his
assent exPeose, and several squares of glass under the agree-
teheat he should receive ls. per square for the new squares,
a,011,1
O
to take the old. I know Mr. Barnett, but not before
affair, nor Mr. Church .or Basely. I have seen both two
th.
116;1. days before this. I have not told Barnett that I had
authoriseil the prisoner to sell the things. I had not called
01,p.risoner about the 2d of May.
geoudist?_...pr‘Tisoan. er not say he could get 121. 12s. for the
" 141 not the prisoner grain some doors and shutters at hi
aexpense?—No ; I painted all before be came in.
ger(' prisoner not say he might sell the goods for 12/. 125.,
1:).1111f in money and half in coppers P—No.
lie say anything of coppers ?—He at onetime said he had
c 0 Did
to sell, and asked whether I could get them sold for
tl,ll
; and he sent me one of the coppers, to show to a gen-
mae known to me. S .me things which had been brought
ba;k to the house, by Mr. Hutson, I allowed the prisoner to
but these are not the indictment. 1 did not tell 31r.
a iiett that I allowed ehim to sell these things, and I would
allowa hiin two or three pounds for selling them. I knew that
-)0 Nett had baught the things, and traced them there; said
6 liiretliing of them, but not what has now been asked.
ital,•;3' prose utor's CouNsEL—I did not say to Barnett that I
siven prisoner any control whatever over the things. -
siiti•Ltii• Beni:At was put into the witness-box—l am a
.coppert
in tl • I purchased the goods mentioned in the indictment
Month of May last. I went to the premises in Dover-
so," to see them. Prisoner said he had purchased them fur
Zaid asked me 21/.for them. I refused this sum, but ulti-
•eiv gave him 12/. Its. 1 purchased them all at one time.
1,, Rice called on me about the goods. At that time Mr.
said the prisoner might sell the goois, and get 21. or 31.
"aa,t doing so. I mentioned this to Mr. Rice about a week
g°l, when before the grand jury. Mr. Rice replied it is filse.
') a h
Juryman—I do not recollect the former part of the
waversation. Mr. Rice after this sent a policeman .to say he
.i.v?old take it as a favour if I would not mention this, as he
ts hea to prosecute the prisoner. Church and Basely are in
„s
•"Y employ
1•31(1 •
t ey, hear this?—Yes.
~.r°lll Rice himself?—No ; I said it publicly in my own shop.
gEti?,,?ss-examined by Mr. BALLANTINE—The prisoner never
he had been authorised to sell the things. The words of