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Leader (1850-1860), 26th July 1856, Edition 2 of 2, Page 8, ASSAULT AND CONSPIRACY. A strange story ...

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      Our Civilization. Trial And Conviction O...

      founded their opinions were of more weight than the theories put forth , and he smcertly believed that the jury were as capable of judging as the medical men . If they believed these medical men-these exp ertsm msanity—they would take away the protection of the , t aw from the community , because they would have a check leTto prevent the commission of crimes . It would be Sctetionin him to say that he did not set a jalueon S 2 scientific evidence . He did ; but he would rather take his own independent opinion than the opinion ^ of others on the facts proved . However , it was not for him to judge of the value of their evidence ; he could only comment on it . It was for the jury to decide . His Lordship ' charge occupied six hours in delivery , and was not finished until ten o ' clock at night . The jury then retired , and returned in three-quarters of an hour with a verdict of GUILTY " , but with a

      recommendation to mercy on the ground of the prisoner ' s defective intellect . . Sentence of death was then passed , and the culprit was removed , without exhibiting any great emotion .

      The Lead Ejr. [No. ^I ^ Saturday,

      THE LEAD EJR . [ No . ^ I ^ Saturday ,

      Assault And Conspiracy. A Strange Story ...

      ASSAULT AND CONSPIRACY . A strange story came out in evidence before the Marlborough-street magistrate on Tuesday , when Kobert Johnston , of the Army and Navy Club , and of Webb's County-terrace , described as a gentleman , came forward to answer a charge of assaulting William Kay , a gentleman of fortune , residing at 36 , Hill-street , Berkeleysquare . From the opening statement of Mr . Bodkin , it appeared that the complainant , who is now twenty-two years of age , became the acquaintance of Mr . Johnston when he was about nineteen years of age . He is a yoang man of considerable fortune . The friendship began before he was of age , and he was led to the continent , where money may easily be expended . Mr . Johnston , assisted

      by two other persons , having contrived to get from him securities to the amount of 50 , 000 £ or 60 , 000 / ., his friends interfered . They applied to Mr . Galworthy , a respectable solicitor , who , by his promptitude in filing a bill in Chancery , obtained two decrees whereby alL the deeds , bills , and securities acquired by fraud and conspiracy were made void and set aside . One night , as Mr . Kay was proceeding to his house in Hill-street , he was stopped by a man muffled in a cloak which concealed his features , who asked him if his name was Kav . Being told it was , he said— " I arrest you for debt . " The other replied that he owed no debt he could

      be arrested for ; but the man answered , " Your -wife does . " Mr . Kay was then arrested , and was not allowed to go into his house , but was taken in a cab by the man who arrested him to a house at the west end of the town . He was placed in a room on the ground floor , and the man disappeared , locking him into the room . Mr . Kay then sat down to write a letter to his solicitor , and while thus engaged the door was opened , and Mr . Johnston came in . The complainant naturally said , " Why have I been arrested for debt ? " Mr . Johnston replied , " The arrest is all sham ; it was only made for the purpose of getting you here . " He next locked the door and commenced a tirade of abuse and slander of the characters of

      certain persons , afterwards making overtures to revive the association that had already proved ruinou 9 to Kay . Johnston would not permit Kay to depart without extorting a pledge that he would write to him and ask him to dine at some place , when they could 6 O arrange as to get the Court of Chancery decrees modified in some way . A promise so obtained is binding neither in law nor honour . As soon as Kay obtained hia liberty , he sought advice , and in consequence of that step Mr . Johnston waa summoned . Kay was imprisoned three hours—from twelve at night until three in the morning .

      According to the evidence of Mr . Kay , the man who arrested him asked if he would like to be taken to a police oftice , the police station , or a private house : he answered that he would rather go to a private house . After some discussion , it was understood that the assault -was to be disposed of by the defendant entering into his own recognisance to keep the peace , and that a summons to answer a charge of conspiracy was to be served on him in court .

      Singular Charge Of Forgeky. James Railto...

      SINGULAR CHARGE OF FORGEKY . James Railton , a stockbroker , wns brought before the Lord Mayor on Tuesday , charged with having feloniously induced a woman , whose name is unknown , to forge the transfer of five hundred pounds in the New Three per Cent . Consols , with intent to defraud the Sank of England . Mr . Henry Halsey , a cleric in the Sank of England , having proved that a transference of the stock waa made on the 20 th of last May by a woman who signed her name Eliza Potta , the owner of the stock

      , . and who waa identified by tho prisoner as the rightful possessor , Mra . Eliza Ilumphroya , formerly Miss Potts , gave evidence to the effect that she employed Railton to manage her affairs in connexion -with tho stock which she possessed , that she never gave him any authority to oflfijet the transfer of the 500 / ., and thattuio knew nothing of tho transaction . Mrs . Huinphreya seemed almost In a fainting 8 t « to during her examination , and waa accommodated with a chair . Her counsel stated that , since the illegal transfer , Mr . Railton haa caused . 500 ? . to be placed in tho name of Mra

      Humphreys to her account in the Bank of England . The prisoner was committed for trial , and a similar charge against him was then entered into . This had reference to the illegal transfer of 200 / ., purporting to be made by Mrs . Mary Stow , sister of Mrs . Humphreys . The accused was committed on this case also .

      Actions For Compensation.—An Action Has ...

      Actions for Compensation . —An action has been brought at the Stafford Assizes against the proprietor of a coalpit . The plaintiff was the father of a youth who was killed by an escape of " damp " in the pit , owing , as was alleged , to an absence of proper precautions . At six o ' clock on the evening of the 25 th of last October , the boy descended the shaft of the pit in company with two men named William Harris and William Booth , who were to remain in the pit till six o ' clock the next morning . The shaft was about one hundred and eighty yards in depth , and they were engaged in driving a " gateroad , " which they had alraady carried about twenty vards . At about half-past nine o ' clock , the men came out of the working to the bottom of the shaft to have the

      their supper ; and while they were so engaged , " damp" came down the shaft through a " heading , " fourteen yards above them , which led into another shaft , in which there were some old Avorkings . The candles were extinguished , and the " damp " then began to siuk upon them very fast . The deceased lad and Harris endeavoured to climb up the chain attached to the bucket , but were overpowered , and sank back exhausted . Their companion , Booth , however , by tho exercise of great presence of mind , strength , and perseverance , saved bis life by climbing one hundred and fifty yards up the chain ; and when his strength failed him , and he could get no higher , he succeeded in attaching himself to the chain by a strap , and there remained about six hours , till he was discovered in the morning by a boy passing by the pit mouth . While hanging on the chain , he heard his companions in the pit talking for several

      hours , but at last he knew by their breathing that they were dying . Before the plaintiff ' s case was concluded , a conference took placa between the counsel on both sides , which i-esulted in the settlement of the action , by the defendant consenting to pay the plaintiff a sum of money agreed upon . The amount was not publicly stated . A similar arrangement was made of the action brought by the man Booth for the injuries which he bad sustained ; but it did not appear that tho representatives of the man Harris , who was killed , had brought any action . —At the Lincoln Assizes , 145 / . damages have been awarded to a Mr . Calthrop , who brought an action against the Great Northern Railway Company , for compensation for the loss of three horses , run down on the line , on to which they had wandered in the cuurse of a stormy night . The company was held to be responsible because they had allowed a gate leading on to the rails to remain imperfectly fastened

      Robbing a Coictse . —Daniel Leary , who has been several times remanded at Bow-street on a charge of stealing a ring from the finger of a Mr . Stocker , who was killed in the streets of St . Giles ' s in the course of a disturbance , has pleaded Guilty , and been sentenced by Mr . Henry to three months' imprisonment . — John Daley has also pleaded G uilty to the same offence , and been committed for three months with hard labour . F-Airc is Four- —Dr . John Blennerhassett Godfrey has been fined by the Thames magistrate fort 3 shillings and costs for letting off fireworks from his residence into the public road on the 4 th of July , the anniversary of Fairop fair . He was summoned for the same offence last year , but it could not be proved that he was at home at the time , ami so tho summons was dismissed . On the present occasion , he did not appear ; and judgment went by default .

      A Modei . Ci-khoyman . — The Rev . 1 . B . Harris appeared at the Lambeth police oflicc last Saturday , to complain of a report published in tho daily papers as far back as the 20 th of last March ( and related in this journal of the 22 nd of the same month ) , to the effect that ho had been robbed of his gold watch and appendagea by a young lady who , it was alleged , was living under his " protection . " Tho report went on to state that the fair offender managed to escape by means of a rope from a back window of the houso where she lived , and where , tho police had gone to apprehend her ; and that tho rev . gentleman ultimately declined to appear against her at the poliec-ofHce , where her solicitor was prepared to meet tho charge . Mr . Harris now complained that , as the charge had not boon entered on tho

      police sheet , it ought not to have been published . It hud been put forth , however , in a way most detrimental to hia character ; and he wished to know how he was to obtain redresa from tho reporter or from tho newspaper which publiahed the statement . Tho reporter observed that , so far as ho could understand tho rev . gcntlemun , ho did not deny the truth of tho report , but merely found fault because tho charge had not oomo forward in tho ordinary way . Mr . Harris admitted that tho Htatomcnta in tho report were perfectly true , with one exception , mid that was , that Misa Oakford was then , or ever had boon , under his protection ; and lie . hoped that tint * , his Bolemn denial , would go before tho public . —The matter waa again brought up on Tuesday , when Miss Oakford , attended by her solicitor , appeared before the magistrate , and solemnly asserted tho truth of tho

      original statsment that she was under the protection of Aj r Harris . A letter from Mr . Harris was read , from which it seemed that he is under apprehension of some inquiries from his Bishop , and is desirous of " hitting on a pla n which will put aside all legal proceedings . " Miss Oakford , in conclusion , said that the articles she was accus ed to her

      of stealing were given . The Ciusdit System at" Oxford . — The " fatal facility" with which young men are led into debt at Oxford was evidenced on Monday in the examination , at the Insolvent Debtors Court , of the Rev . James Murray Richard Rawlins , a clergyman of the Church of Englaad who now sought relief from his debts . His liabilities exceeded 2 , 850 / ., and he attributed his insolvency to facility of credit at Oxford , while he was an undergraduate of that University , in 1846 , and to the expenses of restoring

      the church of Vernon Dean , Hants , of which parish he had been curate . His opposing creditors alleged that he was extravagant and reckless during the time of his curacy at Bardsley , a period of about eighteen months . The insolvent , upon being questioned by the Commissioner as to the debts ( 1100 / . ) incurred at Oxford , said his father was a clergyman , who died just as he ( the insolvent ) quitted the University . His father paid some bills and made him an allowance . The debts now due had not b « en communicated to his father . The

      tradesmen at Oxford are very easy as to credit , and in many cases solicit custom . "When a bill is not paid , the Oxford tradesmen frequently insist upon fresh orders being given , and the account extended . He had never mentioned the subject of his debts to his tutor , nor did the College authorities interfere in the matter . The opposing counsel observed that there was no statement in the schedule of receipts between January , 1854 , and January , 1856 , and asked where the insolvent had

      resided during that interval . The insolvent ' s counsel here interposed , stating that an answer to that question would expose some very painful circumstances , which did not in any way affect the merits of the case in this court . The Registrar then handed to the Commissioner a note , and the question was not pressed . The Commissioner , in giving judgment , said that the insolvent would bo discharged , after being in custody for a period of three calendar months from the date of the vesting

      orjer—a judgment which would detain him about six weeks longer in custod 3 . Fhauds on the Excise . —Mr . Symington , the proprietor of a paper-mill at Tickhill F . riars , near Doncaster , has been condemned in a very heavy penalty for committing frauds on the revenue by vending yaper which had not been stamped ; by affixing a counterfeit stamp on certain reams of paper ; and by otherwise evading the law by various false representations and tampcrings defendantb

      with the Government marks . The , y the advice of his solicitor , pleaded guilty to all the counts , which were eighteen in number . A conversation between the bench and the supporters of the information followed , when some of the counts were withdrawn . The bench then mitigated the remaining penalties to onefourth of the aggregate amount—viz ., 2 , 850 / . The Commissioners for Inland Revenue have the power of diminishing the penalties still further ; but Mr . Symington is ruined by the discoveries that have been made . tvied at

      " Jakndyce , v . Jakni > yce . "—A law case was the Stafford Assizes on Monday , to determine whether the infant of the late Mrs . Llewellyn wns born alive or dead , as a matter of property depended on the issue . The question had already been tried at Stafford , when the jury decided in favour of the present defendant . The affair had since got into the Court of Chancery ; and the present issue was directed by the Master of the Rolls . Mr . Keating , in opening the case , remarked on the vexatious legal processes which had to be gone through , and added that he did not believe a diction would ever bo arrived at , as , long before that time came , the whole estate would be melted down . The cause would stop as soon aa tho loat aero of land in dispute

      was exhausted . Ho had already expressed his opinion on this circuit that , where the property in dispute was small , there ought to be some opportunity of settling such disputes in a local court , without the expense ami delay of proceedings in tho Court of Chancery . —Mr-Baron Alderaon : " Since tho case of 'Jnrndyco v . Jarndyce , ' that haa been so determined . " ( Luui / hter . ) Mr . Koating aaid that in tho case of " Jurndyco v . Jarndyce , " a large property waa involved , -which was sut hcient to keep tho suit alivo for half a century ; but m tin : present case tho property was only worth about & 07 . « year . —Tlio jury , after retiring for an hour and a ball , said they could not all agree that the child way born alive , and they therefore found for tho plaintiff , tlmw

      ruveraing tho verdict of tho provioua jur }' . Midm / ichicx Sicbhions . —William Hutch ins b " l )<(! " sentenced to ten months' hard labour , for stealing hcvcii ahillings from a Mrs . Cheeaman . Tho man belongs to one of tho gang of fellows who hang about tho County Courts , offering their aorvicea , aa professed lnwyws '" the siniplo and unwary . Tho prisoner made an oiler ol thin kind to Mra . Choeaman , who , however , had already auitcd hemolf with a provioua applicant . Hutchins , > ' "•" solving not to bo altogether disappointed , followed tli « woman into a public-houao after tho conclusion of <"" caHc , and made a snatch at aomo change out of whic ' aho was paying the other individual . Ho waa npeeuiiy

  • Citation
    • Leader (1850-1860), July 26, 1856, page 8, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/cld_26071856/page/8/