On this page
-
Text (2)
-
efendant to the laintiff 1841Miss Smithh...
-
GATHERINGS FROM LAW AND POLICE COURTS. A...
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
-
-
Transcript
-
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
Additionally, when viewing full transcripts, extracted text may not be in the same order as the original document.
The Assizes. Albert' .Itusket Turner Was...
by the d p . In , was in Germany , where she was engaged as governess in a high family , and Mr . Koche , wlio -was stated , to be an lrisb gentleman , made her . acquaintance . Ultimately , some form of marriage , which turned out to be of no legal value , was gone through "by a person whom Mr . Roche represented to be a clergyman , and after this they lived together as man and -wife until 1845 , when Miss Smith again accepted a situation as governess in Germany ; hut Mr . Koche insisted that she should return and live with him , stating that she was his wife . They continued to live togetheruntiltheyeaxl 851 , when Mr . Roche married , and at this time he wrote a letter to a gentleman named Shepherd , in-which he requested him to break , the
" terrible tidings to dear Margaret" as well as he could , and to spare her feelings , And at the same time stated that he would always provide for her , and that he ( Mr . Shepherd ) might at once advance her money to the extent of 507 . That sum . was accordingly given to the plaintiff , and Mr . Roche went to reside in Ireland . In 1852 , finding she could not obtain any more money from him , Miss Smith went to Ireland and saw Mr . Roche , and he then executed the agreement which was the subject of . the present action . Four children were the result of the connexion ; but at this time only two were alive ,
and . the agreement was to the effect that , upon consideration of the plaintiff educating and providing for the two children then alive , he undertook to pay Miss Smith 50 / . per annum , by four quarterly instalments . "The defence » et up was purely technical . It was contended that no legal consideration had been proved for the annuity , and also that , as one of the children had died , it could not be enforced , the original understanding being that the money was to be paid for the support and education of tflro children . The jury eventually returned a verdict for the plaintiff for the full amount claimed , the questions of law being reserved for further consideration .
Daniel Cummins has been found Guilty of wounding Mr . John Mulley in a third-class carriage on the ¦ Brighton -Railway , on the 28 th of March . The man first attempted to rob the prosecutor , and , on being resisted , he made a savage attack , and endeavoured to throw him cut of window . In this he would have succeeded had not Mr . Mulley been a very powerful man ; but it was only ^ Trith difficulty that he saved himself . At the Caterhain station , Cummins was given into custody , and conveyed to Croydon ; bnt he resisted so violently that it required six constables to put him into the police cell . The defence now raised was that the man was insane ; and the Judge said that the state of his mind should be ^ property- inquired after . Meanwhile , he was sentenced to six . years' penal servitude .
A case , arising out of the deadly feuds of Protestants and Roman Catholics , was tried at Newcastle on Monday . Five men ( Protestants } , named Johnson , Sayer , Sloan , Bertram , and Cameron , had been drinking at a beer-shop in the suburbs of Newcastle on the 30 th of May , and , meeting with some Irish Catholics , there was a fight , in the course of which one John Cain was killed . The five men alluded to were now tried on a charge of manslaughter , and a verdict of G-uilty was returned against Sayer and Sloan , and of Not Guilty with respect to the rest . Sentence on the two former was postponed .
Edward Mendeville Morton , a young man of respectable appearance , has been tried at Guildford on a charge of obtaining money by false pretences . It appeared that , for some time past , he had carried on an extensive and impudent system of swindling in various parts of the country . ' He conducted his own defence , and asserted , with respect to one of the chief witnesses against him ( a Catholic ) , that persona of that religion would tell any amount of falsehoods ; and that he had himself acquired habits of lying from having onco been a Papist himself , though he had now ceased to be one . He had endeavoured to gain his living by literature ; but the booksellers would not purchase any of his works because he had no name ; and , as he could not starve , he was compelled to resort to false pretences in order to obtain subsistence . He was found Guilty , and sentenced to twelve months' hard labour .
The practice of policemen in acting as spies on prisoners , with a view to extracting confessions from them , was severely condemned at tho Bodmin Assizes on Tuesday by Mr . Baron Watson . Richard Raahleigh was indicted for burglary ; and it appeared that a policeman , after the mam had bean apprehended , bad gone disguised and handcuffed into his cell , and that the prisoner , thinking the officer a fellow captive , had made some statements with respect to the burglary . The jury acquitted Roshleigh , and the Judge said he hoped the magistrates would take notice of tho conduct of the policeman .
Henry Bloomfield , a farmer , pleaded Guilty on Wednesday at Chester to the charge of having murdered his wife , Immediately ho had pleaded , ho burst into tears , and continued to cry bitterly during the wholo proceedings 3 Bus it appeared probable that he was not in a fit state of mind to plead , Mr . Justice C romp ton ordered tho pica to be struck out , and empanelled a jury to decide as to the prisoner's mental condition . They found , that ho wus insane , and unfit to plead . His lordship then ordered that he should be kept , in safe custody during her Majesty ' s pleasure . Bloonrificld , it sooma , was under tho Impression that hi )} wife lmd bcon unfaithful to him , tlmt
he -was under the special grace of God , and that ho was bound to plead guilty , in order to be put cut of the world .
Efendant To The Laintiff 1841miss Smithh...
efendant to the laintiff 1841 Miss Smith 768 _____„ THE LEADER . [ No . 437 , August 7 185 *
Gatherings From Law And Police Courts. A...
GATHERINGS FROM LAW AND POLICE COURTS . A singular application was made to the Worshipstreet magistrate last Saturday . A woman attended with a young girl , her daughterj and said she had betn married with her consent , and that her husband had deserted her on the following day . The husband was in court , and proved to be a youth of eighteen , which was also the age of the girl . He was accompanied b }' his father , who said he was quite thunderstruck when he first heard of his son's marriage . The account given by the girl ' s mother was , that the youth had frightened her daughter into marrying him bv threatening to kill
her if sho refused , and that he merely sought the marriage in order to spite another suitor . The boy-husband , on the other hand , said that the mother hal cajoled him into the union . The most important point at issue was as to wtether the marriage had been consummated . The bride asserted that it had been ; the husband said it had not . All parties expressed a great desire for a divorce ; and the magistrate said that if , as the husband stated , tlie marriage was simply confined to the ceremony , a divorce might be obtained , though at great expense , from the Ecclesiastical Court , as the bride anil bridegroom were both under age . The parents then lefc the court with their children .
Harriet Scholroyk , the young woman charged with being concerned with the convict Van Popler in the commission of several * burgl iries , wa * finally examined at the Wandsworth police-office last Saturday , when she was sentenced to two months * bard labour . The magistrate abo ordered that the pawnbrokers should deliver up all the property that had been identified , as he considered they had taken it very incautiously . Henry Bunbury , the son of the late Major-General Bunbury , was charged at Guildhall , on Monday , with forging and uttering three bills of exchage for 100 / ., 501 ., and 40 ? ., with intent to defraud Mr . Hobson , a tailor , of 4 , Finsbury-place , South . The bills were ostensibly accepted by a Mr . Parkin , a solicitor .
After tlie reception of the evidence , the accused made a long and rather singular statement . He said : — "I wish to state , relative to Mr . Parkin and Mr . Hobson , that I have a claim upon , their property ; that I hold Mr . Parkin ' s acknowledgment , in his own handwriting , of his not having paid me the sums agreed to ; that the letters I showed Mr . Hobson were not forgeries , but bon 4 Jide letters ; that every party belonging to the family , solicitor and all , have received notice from me that I have never received the sums stipulated to be paid to me ; a , nd that for that very reason I claimed a share in the estate , although Mr . Parkin and his clients did all they could to shut me out . I also - \ vish to state that , at Crane-court , Fleet-street , at the Scottish Hospital , of
which Major Adair is the secretary , I signed various mortgages to the amount of 6000 / . and upwards , and at the end of each mortgage there was a receipt drawn out acknowledging that I had received a fair proportion of the property for that mortgage , whereas all that I received was 246 / . I -was to have 250 J . J but they kept back 51 . because they got me 502 . a day earlier than agreed upon . They then purchased my equity of redemption for 50 ^ ., which I sold on their promise to keep good faith with me , which they did not Upon the death « f my father , knowing they had not a leg to stand upon , and that I was in want of monc 3 ' , they got me to sign a . deed of confirmation of the past , for which they were tc have given me 250 / . then , and to leave the rest
until a future day when the estate came to be wound up . I received part of that money whon I signed the deed , and , with regard to tho rest , Mr . Parkin wrote to saythat it . should be forwarded on my making application for it . I did make repeated application , and got a few pounds in ' dribs and drabs ; ' but tho balance I never got . To prove how they got my property into their hands , I wish to say that tho firm of Messrs . Gnston , Aguitar , and Balier , cement manufacturers , got mortgages from me for goods which thoy contracted debts for and never paid , leaving me liable ; audono mortgage alone , for 1500 / ., Mr . Parkin bought on bohulf of his clients for 250 / . —showing how little thoy thought of the validity of tho mortgage . " Tho prisoner was committed for trial .
Th « old soldier who last week imposed on Mr . Combo , the magistrate , attended at tho Southwark police-office again , on Monday , to vindicate himself from tho chargo of being a swindler . Tho magistrate , however , suid that his statements did not at all alter tho case , and told him to leave tho court . A middle-aged man , of rather diminutive proportions , addressed Sir C . Crcsswcll , on Monday , in tho Court of Probate , and said he appeared aa a claimant for a portion of the property of the Duchess of York . His namo was Frederick Augustus Scars . Tho Judge : " This is not tho place for such an application . Tho court h na nothing to do with the distribution of proper tyhoM in trust . " Applicant : " I am entitled to tho properly I cluim . I av » h well acquainted with the Into Duchess of York . " The Judyc : " Vov must make your application to tho Court , of Chancery . 1 nmy us well inform you , us you u * o in court , that you must not plncurd gentlemen ' s housos ; in
4 he event of your doing so , you will be taken int 7 tody by the police . " 'Jhe applicant , who apTear ^ T appointed with his Lordship ' s directions , then Si . An attack was made a fe , v evenings X . r ^ ruffians in St . Mary Axe on a Mr . John RUchfe i ° w » riding on horseback . They encleavou ^ a t' j £ turn off his horse , and to rob him , and it was with <™ f ? difficulty that he got away . One of the ™ oj d el ^ apprehended , and was sent by the Lord Mayor to prison with haTd labour , for twenty-one dayr . lu P ison , Mr . Beadon , the Marlboroug h-street magistrate hm been making some efforts to put dawn betting-homes t-uough he admits he is not very sanguine at ITT ' result . John Scott , the landlord of the White B Hotel , Piccadilly , has been charged xrith keonin ^ S f ^ 5 ° r leS Th 0 fP e and Reevis 4 h
^ , . , *** aiding him in keeping the house ; and JohnliitdwUl using the house . The police entered the hotel at varied times , and found several persons there , betting Scott the landlord , was present , and was cognisant of t £ betting j and Thorpe and Reeves were his assistants Ihrd received money upon bets . The magistrate considered the case proved with respect to Scott and Thoroa ( whom he fined 30 / . each ) and Bird ( whom he fined 10 / V lleeves he discharged . Scott said he-would get rid of the house altogether . After the conclusion of the case Mr . Beadon said he had received several anonymous letters , telling him h « would never be able to put down betting : or betting-houses ; but he . was determined nevertheless to administer the law with a firm Land .
An individual witli a great many aliases , but whose real name appeared to be Parker , and who had traded as a merchant , came up in the Bankruptcy Court on W ednesday for his discharge . The application was opposed by Mr . Turner , on behalf of Mr . Ventom , a broker of the court- Shortly after obtaining a certificate on the occasion of his last bankruptcy ( third class after twelve months * suspension ) , Parker obtained from Mr . Ventom the discount of a 200 / . bill of exchange in the name « f James Parker . Mr . Turner submitted -that , if the bankiupt had given his real name , Mr . Ventora would not have lost his money . Mr . Oldershaw opposed for
Messrs . Bedford , Beiry , and Co ., steel manufacturers , of Sheffield . It appeared from a protracted discussion that Messrs . Bedford and Co . trusted the bankrupt with 400 / . worth of steel oh receiving two bills of 200 / . each , respect iv . ly payable at two and th ree months . The first bill was paid . On the second bill , the bankrupt was taken in execution . Having ; remained in prison seven months , he obtained his disctarge on payment of 50 / ., and giving a new judgment for tlie remainder of the debt . In reply to questions from Mr . Commissioner Goulbum , the bankrupt said that Messrs . Bedford and Co . had given him credit without asking him a single question . lie had at one time traded in the name of Truman Parker because
he was expecting to be joined in partnership by a gentleman of that name . The Commissioner , observing that the bankrupt could be well punished when lie came up for his certificate if he had acted fraudulently , ordered his discharge . A young man named Richard Walker was tried at the Middlesex Sessions on "Wednesday on a charge of assaulting a . Mrs . Mills , at palston . * Walker had been married oh the very day in question , and was performing some feats with a broomstick when it flew into Mrs .
Mills ' s garden . The young man went after it ; a quarrel followed ; and Walker snatched a poker out of thn hands of Mrs . Mills , and struck Iier with it . Tlie result was a fight between tho partismis of the two skies , ami the apprehension of Walker , who was obliged to pass his wedding night in a policu cell . At the close of tliu case for the prosecution , a compromise was entered into , by which it was agreed that the accused should plead Guilty to a common assault , and lie wan then discharged on entering into recognizances to appear for judgment when called upon .
Otto Frederick Homeyer , merchant , of Wolgast , Prussia , was brought up nt tho Mansion-house on Wednesday , for final examination , charged witli having forgeil and uttered two bills of lading , purporting to bj for one thousand live hundred quarters of wheat , value 3700 ? ., jjct ship Anna , from Wolgast ,- with intent to defriiud Messrs Tiodeinann nnd Co ., of Ncweastlc-on-Tyno . He was committed for trial . Michael Murphy , an itinerant musician with a wooden leg , has been examined nt tho Worship-street policeoffice on a charge of killing Eliza Simpson , a woman who lived with a workman at tho docks as his wlfo .
Sho was drinking lnte at night will ) Murphy , who vim oxecssivcly intoxicated , and uoino quarrel arose between them . Tlie man then knocked tho woman down in t ' street , and kicked lior with bin wooden leg so savagely about tho head tliat , after lingering for a tiny or two , sho died . Murphy has now boon committed for trial . Kichard Kalpli , aliaa Norman , the man charged witli defrauding a Gormmi named lirocklu-n , umW oiruiimetances related in full in our last iasim , was brought up for r . i-oxaininatin on " Wednesday ; but , nutha prolocutor did not appear ( having returned to ( jurmauy ) , the u-ocuned wn » dischiinroil .
fiio Kev . II . S . Byrth , curate of Low , ami superiiitomlcnt of a large classical ami , eonunoicial ncmlciny , who prosecuted a man named Thomas Smith , for tflwiliiitf a hirgo iinnibor of valuable book * from ¦ Alfriiil-hoilH' - ' i Hoyt , attended at thoThamos nolicu-oflicoon Wednesday
-
-
Citation
-
Leader (1850-1860), Aug. 7, 1858, page 8, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/cld_07081858/page/8/
-