Sir James Scarlett applied to the Court of King's Bench,
on 'Wed-_esday, to appoint an early day for the trial of Mr. W. J. Banker, dember for Dorsetshire. He supported this application Ilan affidavit af the following tenour on the part of Mr. Bankes.
Whilst so serious a charge hung over his head, he could -not take his place in Parliament, or mix in the society he had been accustomed to. The accounts • Which had appeared in the public papers were cialeulated to prejudice his case. It had been hinted that he was privy to one of the witnesses againsthim at
• Queen Square Police-office leaving the country. • Now, so far froni:that • the -firenha was first made acquainted with the circumstance by reading one of the public papers. He inameliately applied to the Seeretary of Sots te aseethe influence of Government, to stop, if possible, the_ witness sailing ; at the same tune offering to pay all expenses that aught Le incurred in sending messeoc Ii to the outposts. His request was complied with by Lord Melbourne; when it was ascertained that the witness had teken his departure for America, in a vessel which it was 'vain to expect could he overtaken. So 'far; however,wast Mr. BankeS .frona wishing the evidence of this individual not .to be ivainbefore a Jury, that he had instructed him to move the Court to allow his depmitiens taken at Queen Square. to be received SA evidence on the trial. Mr. Betakes also denied that he had the least knowledge of the witness, air say of his yenunions. ' The Court axed Monday the 24 of December for the day of trird.
• . In the Court of Exchequer, on Saturday, just as the Judges were about to rise, Mr. Baron Gurney, in the absence of Lord Lyndhurst, said he was ready to bear the gentleman who, in the course of the day, offered himself to the attention of the Court.
Mr. Birch, one of the Marylebone Associators, then stood upon the floor, Ma said that he appeared before the Court in obedience to their -Lordships' summons, at the suit of the Attorney-General.
Mr. Baron Bailey informed him, that the mode in which he should proceed was to enter his appeatance in the proper book. Mr. Birch replied, that he could not ;afford to employ counsel. Mr. Baron Bailey—" You can eater your appearance without the assistance of counsel."
One of the Registrars here made some observations to the Court.
Mr. Baron Bailey (to the Registrar)—" I tell you, Sir, every man has a right to appear in person.'
The Registrar—" My Lord, the books are not here." Mr. Baron Gurney—" If the books are not here, how is any man to appear in persona ?" The Registrar—" My Lord, the books are at the Office, which is open until nine o'clock every evening." Mr. Jervis, M.P. (one of the officers of the Court, who.are technically called " Tub -men") begged to remind their Lordships of the course which had been pursued by the Court in the case of Mr. Carpenter. In that case, their Lordships ordered the books to be brought down to the Court, and the defendant was permitted to enter his appearanee himself, without expense. The Registrar begged to set Mr. Jervis right. In the case of Mr. Carpenter, the Court ordered the appearance to be entered in the minutes. Mr. Baron Bailey—" Well, have you not a minute-book in Court?" Registrar," Yes, my Lord." Mr. Baron Bailey—" Then let him enter his appearance in that book." Registrar—" But, my Lord, he has made no motion." Mr. Baron Bailey—" He moves nothing, Sir. He must be allowed to enter his appearance upon the minute-book, which you have there, and without ex.. penis."
Mr. Brain and Mr. Savage then presented themselves, and were told by the Court that they should do as Mr. Birch had just been directed to do. They accordingly entered their appearance, escaping the usual exaction of 13s. 4d. in each case.
Charles Gwynn, who was examined at the Mansionhouse last week on a charge of swindling, representing himself sometimes as in the employ of Mr. Taylor, the rectifier ofChelsea, sometimes as Mr. Taylor himself, was again brought before the Lord -Mayor on Saturday. A number of tradesmen preferred charges against him ; which he denied with uncommon impudence. He had induced many persons to trust a firm which he had pretended to establish in the names of Gwynn and Handcock, but now asserted that he never had -any thing to do with such a concern. The following is a specimen of the mode in which the prisoner conducted himself during the examination.
He remembered that the outlines of a partnership between himself and Hand. cock were drawn up, but that he knew nothing of the thing at all. He had no concern with the house in Wood Street at all ; and so he told Pierce, the stationer, who had the audacity to apply to him for the amountfor paper whigh had been sent in.
Mr. Pierce—" Why, I have your's and Handcock's joint cognovit for twentynine pounds the amount of my bill." Gwynn-2I'll explain that, my Lord. Come, come, if there's no justice to be had, let there be a little law at any rate. This fellow is a mere humbug ; don't believe him. Now, there's Dick, that pulled me at the Old Bailey: that fellow owed me 3/. las., -when I was handed over to Mr. Barrett of Whitecross Street Prison ; who ought to have stayed at his own shop, instead of coming here to speak falsely of me.
Lord Mayor—" I am much obliged to Mr. Barrett, who is a man of high integrity." Gwynn—" Is he, indeed? lean prove to the contrary. Take any word for it, he is any thing but honest." Lord Mayor—" I have good cause to believe you fear Timid in my hand a charge of perjury against you. It states that you swore you were the owner of a house in Wilson Street, in order to procure the liberation of one Captain Brown from prison." Gwynn—" Pooh, I know no Captain Brown; it's all got up by the malice of my enemies."
Richard Fiewish, a tailor of Charlotte Street, Fitzroy Square, stated that Gwynn represented himself as a man of 23,000/. or 24,000/. property, and stated that he would introduce respectable friends as customers. Gwynn did introduce two or three respectable linen ; but he at the same time ran up a bill in clothes, and borrowed money amt. inting to nearly IOW.
Gwynn--." Oh Lord ! oh' Lord !"
Witness—" He ordered a Mr. Older to send in some wine to me as part payment, and he came every day and drank it till it was finished. He brought his friends to help him sometimes ; and soon afterwards, Mr. Older, not being able to get payment from him, canoe down upon me for the whole of it. Mr. Older, however, was kind enough to give me an order, which made the payment lighter to rue."
Lord Mayor—" Had you any security for all this credit you gave to the prieoner ?"
Witness—" I had his bill for 8.51. of it, and when he gave that to me he said he should have 2,0001. two days before it was due. It was, in fact, near ruinhag me." Gwynn—" Oh, stuff!"
This man's frauds appear to have been unusually successful and extensive. He was committed for trial.
Mr. Southby, a hat-manufacturer, charged one of his workmen, James Brown, on Monday, with intimidating and obstructing his brother journeymen from continuing to work in his employ. It appeared from the evidence, that, in consequence of Mr. &nubby's refusal to pay Brown six shillings, which he demanded for some work done, because it was done badly, the latter had procured an order from the Trades Union for all the other journeymen in Mr. Soutbby's ernahoy to quit it iminediately. This order was obeyed, and Mr. Southby vas coasequently subjected to great loss and inconvenience. After a long discussion, during whit ii -the journeymeo-hatters, who filled the just e.room, hissed or applauded whist was said by either party, the .uatter was compromised, at the suggestion of the Lord .Nlayor.
James -Reeves was charged at the Queen Square Office, on Monday, with selling an unstansped _publication :called the Police Gazette. The Policeman said, that the defendant resisted being taken into custody, and that he canted out to the mob to revue him. He held up isonic of his papers, exclaiming "Englishmen! En.ilishmen! if you are Esglialnuen all you let me taken for selling unstamped papers?" A mob of three or four hundred persoils assembled ; on the road to the Station-house the defendant struck him. Another man came up and stopped him, and he was compelled to strike the an with his staff before he would let him pass. The mob made a rush upon them, and about twentyspf them were knocked over an old woman's apple-stall, He had a quantity of mud thrown at him. Some of the Police came up, and the prisoner was secured.
(A large bag of papers was here handed to the Bench, containing the Police Gazette, several other publications, and a number of unstaumed almanacks.] Defendant—" I wish to know whether the two witnesses are employed by the Commissioners of Stamps ?" Policeman—" I am, not your Worship." The defendant contended at considerable length, that without a person was expressly employed by the Commissioners, they could not seize any person se.. Eng unstamped publications. Mr. White referred back to the act of Parliament, and at once overruled the objection. The defendant still denied the authority, and contended that the selling of the Police Gazette was perfectly justifiable. It was not a newspaper any more air= the Penny Magazine, the Guide to Knowledge, or any other of the penny or the twopenny publications. In fact, the Police Gazette was sanctioned by the Government, and it was purchased by those under Government. If it was illegal, it was most singular that' Government should never had attacked it before. Why (lid they strike at the poor man who retailed it in the streets ? why attack the weakest part of the community ? why not attack the proprietors of hundreds of shops who sold the same publication ? He was a goldthaser by trade; but could get no employment, and was compelled to sell different works to support his wife and family. With regard to striking the constable, it was false, and he had a dozen persons outside who could prove to the contrary. Mr. White said, that he was clearly of opinion that the publication was a newspaper. He saw accounts from Lambeth Street, Hatton Garden, Bow Street, and other offices ; and as Reeves had conducted himself in such a viohart manner to the officers, he should commit him for the full period of three 'months to the House of Correction.
On Wednesday, Mr. Clarkson, the barrister, attended the Office, on behalf of the proprietor of the Police Gazette. Mr. White inquired who was the proprietor of the Police Gazette ? Mr. Clarkson said, Mr. Penny. He was instructed to inquire whether the Magistrate had convicted Reeves for selling the Police Gazette, or whether it was because he bad some unstamped almanacks in his bag along with the Gazettes.
Mr. White said, that before he answered any questions, he should wish to know the object of the inquiry. M. Clarkson said, that he was prepared to contend that the Police Gazette was not a newspaper ; and could not be considered so under the Act of Parliament of the 16th of Geo. II. c. 56.; and it was the intention of the proprietor of the Police Gazette to remove the case by certiorari into the Court of King's Bench, and try the case, to see whether it could be brought under the denomination of a newspaper.
Mr. White said, that he must decline answering any questions, until the conviction had been returned to the Sessions.
Mr. Clarkson said, they had no hostile feeling whatever : his only object in making the application was to know whether the man was convicted for selling the Police Gazette or for having unstamped publications in his possession, as he saw it stated in some of the newspapers that evidence was given to that effect.
Mr. White again declined answering the question.
Mr. Clarkson said, that the Bench would at once see what the object of his application was. 1-lis client only wanted to raise the question whether the publication was or was not a newspaper. Mr. White said, that he considered the question put to him as improper ; and he should reserve what he had to say until the case came before the Court a King's Bench. Mr. Clarkson said, that all he knew of what had transpired at the Office was from the public press. He then commented at great length on the act of Parliament under which the conviction took place, and said that a defendant had no appeal. The interests of his clients were at stake' who had embarked their property in the concern;, and he wished to know whether the Bench would allow his clients to have a copy of the depositions. Mr. White said, that he must decline complying with his request. [He then rose from the bench, and had some conversation with Mr. Clarkson and the other parties in a very low tone of voice. A document was shown him from the Stamp Office, whereby it appeared that the Gazette paid the regular 'duty for all advertisements, and was by that office designated a pamphlet.] In answer to Mr. Clarkson, Mr. White declined saying whether, if that document had been produced when the case was brought before him, he would have convicted or not.
Mr. Clarkson thanked the Magistrate for the attention with which he had heard him. The object of his application must be obvious to every person; but as no answer could be procured, the case would be immediately taken before a higher tribunal. On Monday night between eleven and twelve, it was. discovered that the house of .Mr. Oliveira, Cumberland Street, Hyde Park, had been entered by thieves, who gained access to the bed-room; where they contrived to pick the lock of an iron chest, and decamped, unobserved, with the contents, consisting of between 1,6001. and 1,700/. in Bank of England notes, gold coin, both English and foreign, two wills concerning extensive properties and bonds, securities, and acceptances, in the whole worth at least 13,000/. The robbery was discovered by some of the domestics ; who, on going up stairs, found the furniture of the room all in confusion, and the chest, which had been drawn out from a secret recess, lying open on the floor. It has evidently been done by some one well acquainted with the premises, who knew where the treasure was deposited. There is no trace in what manner the house was entered or quitted. The chest and its contents were safe at seven in the evening. Samuel Staples, a discharged groom of Mr. Oliveira, and a man of bad character, was examined at the Marylebone Office on Tuesday, on a charge of being concerned in the robbery. Several suspicious circumstances were stated against him; but he brought forward his uncle a man of apparent respectability, to prove an alibi in his favour; and he was discharged from custody.
Joseph Blanchard, another discharged servant of Mr. Oliveira, was examined yesterday on the same charge ; but no evidence sufficient to warrant his detention was produced against him, although there was considerable discrepancy between the accounts given by himself and his mother—who was also examined—of his movements on the night of the robbery. Blanchard is said to be a man of bad character and a companion of thieves. Mr. Oliveira seems to have been unfortunate in his servants. On Wednesday, a fine tall young fellow, who gave his name George Bellingham Graham, was brought into this Office by a Sergeant of the Royal Horse Guards (Blue), for the purpose of being sworn in in the usual manner before the Magistrate as a private in the above regiment.
Mr. Rawlinson—,, Pray are you any relation to Sir Bellingham Graham, Baronet ?"
Recruit—" Yes, lam his eldest son."
Mr. Rawlinsop—" And, of course, then, you are heir to the Baronetcy?" Recruit—" I am."
Mr. Rawlinson—" What age are you?" Recruit—" I shall be twenty in a few months." Mr. Rawlinson—" Have you ever been in the Army before?" Recruit—" I have held a commission as Ensign, which I have given up." Mr. Rawlinson—" This is a most extraordinary proceeding. Are your friends aware of the steps you are taking ?" Recruit--" They are, and are agreeable. Colonel Hill, the deputy commander of the regiment into which I have now enlisted, was also apprised of it this morning."
Mr. Rawlinson—" You are described in the affidavit as a yeoman. What do you mean by that?" Recruit—" I at one time held a farm under my father." Mr. Rawlinson—" I think you are acting with a deal of indiscretion. Where is your father?"
Recruit—" He is at present in York." Mr. Rawlinson—(to the Sergeant)—" This is a strange affair. Is it usual for you to enlist a person in Mr. Graham's sphere of life, as a private soldier ?" Sergeant—" It is certainly very unusual.' Mr. Rawlinson—" Well, the young man must use his own discretion."
The required form having been gone through, the Sergeant, accompanied by his recruit, who described himself as a married man, then left the office.
An application fora warrant, under very singular circumstances, was made on Tuesday, to Mr. Chambers, in the Magistrates' private room, at Marlborough Street Police-office. The following particulars transpired during the application: The applicant, an officer in the Army, and a frequenter of some of the gaming-houses in St. James's, wished the Magistrate to grant a warrant for the apprehension of eight individuals who composed a gambling gang, and whose establishment was in a court not far from Bury Street. He had the clearest evidence to prove that these eight persons were the principals of the gaming-establishment, and were copartners in the plunder obtained from the frequenters of the house; which evidence be was willing to bring forward in order to insure a conviction against them. He could bring for ward parties who had been plundered of their money, and in particular the following recent instance. A lady of his acquaintance, from curiosity, or from some other less pardonable motive, having a strong desire to see the interior of agambling-house, bad the folly as well as indelicacy to disguise her-. i self n male attire, and to obtain the entree into the establishment kept by the individuals against whom he sought to obtain a warrant. She was soon marked out by the confederates, who, however, had not any suspicion of her sex ; and having been prevailed upon to sit down to the table, she in a very short time was stripped of upwards of 1,500/.
Several inhabitants of St. Dunstan's parish were summoned on Saturday before the Magistrates at the Guildhall, for refusing to pay their rates. The,recusants made several objections to the legality of the rate; • which were overruled, and they were ordered to make payment. After these cases were despatched, W. Guidan was summoned for 41. 13s. 4d., a year's rate. Mr. Ashurst said, his client disputed his liability to pay the rate, and the Magistrates had therefore no power to enforce payment. His client's objection was that the rate was not
valid, as it had been made in a close vestry; and he had other reasons which would have weight in ecclesiastical courts, but could not be recognized by Magistrates. The Magistrates, after consulting the City Solicitor, decided they were bound to forbear from enforcing payment, and left the Churchwarden to seek assistance in Doctors' Commons.
A cabman was committed yesterday from the Town, Hall, Southwark, to Brixton Workhouse for six weeks, for driving no fewer than eleven persons in his cab. Mr. Thomas, Secretary to the Prevention of Cruelty Society, thus described the mode in which they were packed—
There were five inside ; one in the driving-box, one crouched upon the apron-board, one by the side of him, one sitting on the shaft, and another standing by the side of him, and one on the back-rail ; and from the weight behind the poor beast, it was as much as he could keep Ids balance, without drawing so heavy a load."
The greatest number of prisoners confined at one time during last year in the 'prisons of the Metropolis was—Newgate, 610; Middlesex House of Correction, 1,340; Giltspur Street Compter, 160; Bridewell, 108; Tothill Fields 194; Horsemonger Lane Gaol, 210; Penitentiary, 587. Brixton House of Correction, 285; confined at one time in the several prisons, 3,494.