Surrey Sessions, Wednesda...
The Times, 1824-07-22T00:00:00

. Ir. Lewois Moscs, a person of the Jewish persuasion, and of ap- parently great respectability, was indicted for feloniously stealing from Al\r. Henry Gompertz, five sovereigns. Dtr. IllANGLEs opened thc case for the prosecution. Air. Henry Goimpertz was called, and examined by Alr. THiE. siGE,tt theprisoner's counsel, as to his religious creed. Hcstated, he was formerly a'Jew, but was baptized soine years ago, and is now a memberofthe Protestant churcll. AMr. (iompertz then de- posed as follows :-I was, until lately4 a Gentleman Pensioner to His Mlajesty, .but both before and smice I carried on business as a mtrchant, and hive had commercial dealings with the prisoner, also a merchant. On the 12th ofJune, I called on the prisoner, at his residence, in Newington taugeway, up two- pair of stairs, and alter some desultory conversation, in whicih-our balance did not agree, I received a violent blow witlia poker from the,prisoner, between my 8shouilders; I jumped up, aund caught'a secosid blow (aimed, at nmv head) on my arm, bVywhich I was badly woanded; ;a noise took place and the prisoner's wife atd-servant catne into the roonm ; I was then endeavouring to escape, but by their entreaties I sat down again, and the prisoner's wife and servant left the room, thinkinig we were friends; the prisoner then locked the door; and put the key in his pocket; he then *wnt to the- closet, antd secreted about him what I consider to liavebcen a knife; but Idid rnot see it; he again took up'll7e-poker, brandisbed irabout,- and used -a numobe: of opprobrious epithets, and demnanded 201., or -he- wiould' rip me up., I told him I had not -201. buit whatever I had, he'should have. 'He ordered:me-to'empty on the table what money I had got, which I dld, thee'wereflive sovereigns snd some silver; lhesw6rc he vouldltave 201;or mgylife. He observed mywatch and appendages, which be saia would pawn for 151., and i assented to-it, anfl offered to atcompany him to a pawnbroker, but he refused-to let ni4 leave the room. Durilig this time he- gt'a bo tle of spirits out of,a closet, and-drank two oitthree glasses,- observing that he took thtm to give lhim nerve to go tbropgbz with the attack, and that he wquld either have nmoney-or revenge, The - servant wvas: called, up,; battaftot sonme roiversation between them - in the HIebrew language, -whiph-Ido not- understund,'-the design oft iawing.wa.s abandoned;. the servant- lefE the,roomn, and the door was again - locked ; the pri. soner at that tine had tbh five soyereignh; but did not keep the ail.- vet. I hatd some bills of lAding, which he said- he would have inm- stead of the remainipg 151;, ind igave-theni to himb. l was all the time in a violent flurry'and fear i 'at. the pfisoner4s wit'c's request, n on purpose th,at he nmight 2etme gd, I said I would not say any t g a ot wb;at had occurred, and I shook hands with -him; he then unlocked theudoor, and set me at libertv. .. . .. ... - WJeoss-exauriiugd by-lUM. 'se- IoE n._...I have -been acquainted- -with the prisbner 4 years, wyhen Il Was in the Rules -of the Kinu's rienh, aud I then had somie deldings wilth hin. - i did not tell hun lvoas-s&diimoiid'nierchant- I wont swear I did not tell him8so. -I - was-indebted to hlrin io6ne stn .I gaive- him- a draukht for b 251. on my bankcrg in Berners-street, whiclh :iTa disho: noured, it was asi accommodsUoti 'draught. 1 wrote a letter to hint, requeitrdg- him not- to present- the draught for pay- ment, asit would.injure me; lowe him no balance of 70L * I did not request him to draw on ne for two sums of 35L each as the balance ut to accoimmodate hiiij. 1' then lived at Jartsbalton, but removea fronm-thelide before- they were due; and went to Tooting; toy goods were sold by the sherift: or the 12th' of June I called -to (see Mr.' Trayer,-who resides in the samne house as the priseoter; and-tbhilM t?hre,: I sent to!t,be Intter to ltpow if he wishes-eo4e6 me. I owd Trayer-pgibably 8001- and paitd; him tilat:-day 01. I did not tdll Tryer thtdr the redason why .1would, onlb pay him- ll. was because I had -to p Uirilb pi'ieolier sormte ridney- I'didoiot offet to pav the pti- .oner the fiye' overe8gos.; I did not -ask for the loan of 501. on the bill'oli1dini; the bill of 14ddrig s*as not a forged; bne for chest of inidio bouxgt seven years aigd at lId. per pound. - - A lr.'IETSIGE R. How mnuclidid:it cost per pound? Prosecutor.-I appeal to the Court whether k am bound to answer thaut qutie'tion ?- be materialto th3e 'ease. ) 'id t u 'o" Prosecutorll" do r.ot know [1Wio " fIenry 'Coombe" at the foot of he bill o6liiding igi.' od ;m'y oati it is not my ivritilgt I wade ne oisd lit the hol:ete0 give any nlhrnl, 'although severa persons were it different reoms. - I sat A1r .' 'Irayer wlien I-came tdowh1 but I did4 tio, tell hims I ltad been robbed of aye soYereigps. I told himr we bad had a quarrel, but we had madg it :up a su'ad' W6 Tfriend r AtM6he ' oltee-offlce; I did not ay I lty.Td'been robb'edrdf 3Ql,"' butw lnsis,lit' :.~ve staliU the bill- g'f ilinK -*is worth 'betweerm 2001. mid M001 tno atrate (Mrt. Swabey) 'qoulRd not grant a warrani1fbii - ohy>.bz!t tecommiendedI-te ifiuldtr c4ttr of idicuing tbr: the bssau i t; I dill aot appear, io suppoe -the-harge of assault, hOt' g!leferied the bill-for fUoPyTbefhFe tile G.aud J.ySr -TI'e prisoner 'Wiis'bailed on r tffidavitosl ?110 kntt of Kii1g'lBench,-- -Te efdorse -htvlhgieid ,$. on aceo)rul-fre@itkeyw-nz ?ttt *rastntel-i<t.t 5iiy Or9ee" I hAQi b6eh4-bA aabiQtVipt -tUree--iriesg-4 'the lstIm'a nasc' pyerd'in~ thle 'azetf4 brasl.sf 9sittday* ;I-".I nor- knots- iPlleRtittr a ny, o.wV.uslt; {lhvstleiudins bUelPd't1ti ffly br&eifors-on ac_- louint; o'f e"tu' lofd 'iroisncer' banlnjtpfici,i;ii:' -shae been- tried in a coi rti fJI$tisbd~Als onOnecrdbiOat fTf; -;:O{E/ 1 l;:.t Alfr. AfMAGLEs told the prosedutor he need not staswer unless he pleased. I M. Mt. TrsEsIeGI qaoted several eases to prove the witness was boundito answer that questiou. In the.case.of ' Frost vk.Holloway,'.' Mr. Scarletlt a li;vitnest'vhether' le was no iiat:eadig'; the witness appicitdtO the4udge wheiher he raa bouid-.to'aifSwer; and 'Lord Ellenbroulgh said.jie would cbmfnit ljiX if he did not aok vwei that questi6bj' but evswas not bound. to'ssy sawftlthiiA6 -i found guilty or not. C-. CHAxR--AA.s.--WeI,-go-n,-4t-is-the-ahortest-ways,y. ---. .- -Al r.-THtsqrRE._-ood God! Sir, it is not because it is the sh6rt'efNt-way'tbat I take it: I will not accept it as a bonus or matter of favour: but r claim it.as a right. IIAfltnlAS.-.'WeI), well, proceed. Prosecu5or. I: -was. tried at the Old Baileythre tyears ago, for obt ining eodds under false pretences, butwas acuittied from a flaw in hhe indictment. I was also indicted for a conspiracy to obtain 36 ibagi of wool&from a- Mr. AsfItlouS but~ that.prosecution was drdpped; I lhowever pleaded toit, " not guilty." - Alex:nder Gompertz, the' prosecutor's bTother, deposed to the prosecator's arm beiig'in'a lacerated state froni the :efictof a blow. Cross-examined.-Witness offered on-his. own .isk. 15s. in:the pound to the prisoner to payoff the. two bills-of5L-each. . I Mirs. Julia Jacobs stated, -that-the prisoner eulledon her on the evehing-of the 12th of-June, and in conversation aboat,the prosecu- tori he laughed, aid said-he was sorry he did not hiiv ihislife. ' Air. TanEsiGrt submitied tbere was no car* of felony togei toi a ury. -'' - *-: h:r. -ANGLES contendei1 thrre-was abundant evidence of apart ing with money under the fear of menaces and- threats, which ,wzo sufficient proof of a robbery having been committed: there were two kindsofllarcen.es- .one-in fact, andoneinlavw; andthis vs of the latter description, orlconstructivelarceny.RssellonCrimesandMisdi- meanors,page 99 l:_"Ifathiefstops a ian,and thatman hasno money sbouthsii but even oes-under the'inflluenceof threats and menaces,. and brings the money tothe thief5 it is as much a robbery as if the thief had wi-tb his own hand taken the oney from the man's pocket." This was an-universal principle, and was sufficiently established in 'this case; forDlIr.-Gompertz was induced by violent treatment and horrid threata to deliver his money to the prisoner, antl theref6re there was-a parting with property against tlhe will. Mr, TIrEssGEn contended that the pridciple of his learned friend Was a very erroneous one; for by that, every creditor who went to an unvilling debtor-would be liable to be triedas a felon if the. debtor did not part with his monlcy willingly: whatever proof there [might be of an assault. there- certainly was none of a fclony. The CllAIIMAN said there was certainly no case ibr ajury, be- cause there did not appear anv felonious intention: it appeared that an assault had been cominitted ; but there was nothing like a felony either by construction or in-fact. - Dr. Edvards (who wvas -also on the bench) said he perfectly coin- cided with the Chatirnan in his observations, - The jury then retusned a verdict of Not Guilty. The prisoner was insrtartly discharged, and on his leaving the Court lie was congratulated by his numerous friends, some of whom are among the leading monied party in the city. The trial lasted above four hours. I SUItREY SESSIONS. WEDNESDAY. JULY 21.