Persistent identifier:
00660476
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JANUARY 12, 1878.
SOUTHAMPTON TIMES AND HAMPSHIRE EXPRESS—CO UNTY PAPER.
sister of the prosecutrix. who *u reprimanded by the acoounted to him creditors for the whole of hia assets Peputv-Recorder for tho nuvkmness with which »he , At the lint meeting of the creditor* * composition of gave her evidence, cornd-oraied tin* testimony already At U.1. in the |x»und wm offered, and at the next meet given, adding that Wintr Christina* time the prweculrlx ing this waa iucrcasoJ to 10». ; but aa the guarantee* bad been freely imt-il.in,' muiled stout, but certainly were not regarded aa sufficient these negotiations fell knew what aim win about, John I\>dd, nw of the men, through, and the liquidation wascmtinucL In that, with the |ui«>ner at the time, stated that he wm hut very briefly indeed, running over the points. whieh watching . the wh\le of h* movement* during it would be hia duty to pmre by evidence, he would at the afternoon, anil it Wing but a Very small room 1 the same time tell the jury that in all criminal oaaea have »r, n any attempt to steal the ; there must he proof of sn Intention to defraud ; and if lengthened ap- they found that the defendant bad wilfully omitted to




by the prosecutrix, e Character wouui not hear iris|>cctitni, and ... fan admittedly the won* f»r drink at the time, lie denied entirely that the purse containing the money bad'heeii stolen by the prisoner, and as accounting for hi- |»wesaei|i£ntly c





iccouut for these goods to the trustee, it would be their duty, however painful that might be. in the conviction of a fellow townsman known no doubt to all of them, to tiuil him guilty, and it would only be no the ground of any fair and reasonable doubt occurring in their miuda that hn would bo entitled,to a vnnliot of acquittal.
Mr. John Daw,jun, was the first witness called, and as registrar of the Southampton County Court having jurisdiction in bankruptcv, produced tho official state-uient of the defendant's affairs, filed by him on the 29th ot September. Among the proceeding* on the HI* was an order made by the judge on the 4th of December for the prosecution of tho debtor —In answer to Mr. Sleigh he stated that tho examination of the defendant lasted soiipo considerable time, and ho then complained of being " bustled." Mr. Smith and several other gentlemen were present in the room at the time.
Mr. II. Laahuioie ptoduced the official shorthand note* taken by him at the defendant's examination l*fore tho Registrar, and in cross-examination stated that at the tirat part of the examination the defendant complained that hi* solicitor was not allowed in. the room, although the trustee and several other gentlemen Were present, but subsequently Mr. Whitehall was admitted, as representing Mr. King, of I'ortaea, the defendaut'a solicitor.
Myers Maytield, tho defendant's stepfather, living at Layton read, Stratford, the next witness, wjb examined at some length by Mr. Grain. He stated that on or about the '.Dth of September bo received a largo sized parcel, of which he had received no previous intimation, and not being aware of its contents, he took it upstair* 1 and placed it under the bed. The lal»cl upon it ho be-"Illicit!FN. Iieved to bo iu Alias Palmer's handWritin*. ghortly
a i-oaehmakers apprentice, after this ho receive I a letter purporting to cudio from Indicted f..r stealing sixteen tho defendant, asking him to take in any parcel that
. .... , . , -.......... Kolliott,isiultn- merchant, may come to him. Some time in October he heard
f the Market, on the 17th of December —Mr. Cunning- from Palmer in Lui.lon that he was in difficulties, and nam np| wared for the pr..;. cution, and Mr. Kawliuson, , was about to arrange with his creditor*.-Cross ex lU-rnieted by Mr. \\ A. Kill by, defended the prisoner, amine.! by Mr. Sleigh : When he saw the defendant in Hie whole of the facts have recently mp|«eared. ami it j Loudon he told him that ho had agreed to pay his ere.
11'ii/iiim urr1»rl flityur pcrntly out of bis time, wa rew-. the property of Kt'i
will I., reineiuliereil that the pri~.ner is already under- ditirs 10,. in tho pound, and that in this way tho whole going a term of -ix months iinpnsniiment with another I of Ins difficulties had been settled. He afterwards for-prisoner for a robbery of grain. Hie geese in this in warded the parcel from under his bed to tho trustees' Stance wire missed by the prosecutor immediately before 1 otltces, and of hu own free will.—Mr. Grain • Now sir
theyl^ngllnlt^ypr^,audhelwingtbe,iulylm|*nter!|»ut these unestwis in a certain loading form.—Mr -"Utjianiptoii. At Mr.'| (.rain : Very well, I will not pursue it farther. It ii • of comment hereafter.—Mr. o have had plenty of it already
j perhaps 1
of this description of bird ........
Baker's, in St. Mary's street, were found twelve gecso
posed for sale, which he had purchased from the prisoner, I Sleigh : Perhaps who bad stated that he had procured theru from an from you.
Thomas Pop*, examined by Mr. Grain, detailed ths particular* of the agreement entered into by himaalf with the defendant, by which ha was to allow tho latter £1 per week for his interest io a greengrocery business. Fsiho* however, to get on with this, he accepted the defendant s offer of goods, and opened a shop in St M»rv s-etreet, with a stock from Mr. Palmer amounting to £77 2s-10J. for which he gave two acceptances, one at two and the other at three months' date. He had, bt*n un*b,# to meet either of these, both bills having been presented by Mr. J. T. Gidden, but he had stayed all proceedings on his undertaking to pay ment a° *0 he procured employ-
Mr. P. N. Cunningham, auctioneer. of 14.8t Jambs' street. 1 urtsea. was next called, ami proved recftvic from the defendant on tho 30th of September a consist.-ment of boots and shoes for sale by auction. A iwrtion of them he sold, returning Palmer a cheque by return, less the usua commission, snd the remsinder of the goods were held by order of the trustee*.
Mr. Lam by, re-calle.1, in answer to Mr. Sleigh stated that he would awear that the cheque *|ioken of was not ante dated. There was a deficiency in his caab at the time, and be drew the cheque in favour of his cashier, Mr. Durrant
Miss Lavinia Jessey repeated the evidence given by her at the police court, and already re;«,rted by us, proving the hmng cf two unfurnished rooms and a shed at Mrs. Reed's house at 5, Briton-street, by the direction of the defendant, where eh* subsequently removed her box containing her clothes, she having received an intimation that they were going to live there. The counterfoils of cheques were given her by Mr. Palmer to tako care of, and she afterwards, with his consent, h'ndad &h*m over to Mr. Em* for safety, mad tba ticket produced, relating to the pledging of the gold watch and chain, she found in one of his waiatooar ;lockets.—In reply to Mr. Grain, she stated that she ...... * housekeeper to the defendant at his
HSPI
sasaess
and unfair tl Mr. Grain, who inquire Into the

undertook to swear that he had no idea whatever that goH* were contained in the package of ornament* which he had permitted to be moved to hi* .tore.
isd been acting---
hou*e at Above Bar.
Mrs. Harriet Reed deposed to _______ „
being brought to her house by the defendant's
but after cwns&kratbm ll„ and : be De;sity Reconle * ninths' im|i

Rawlinson inyeil at some length the impossibility of the 'lese particular birvls,
- at tho expiration of t art, having sat for tw
ml the prisoner guilty,
1 him (w. a fin "'
.... - -I -' -» - only his o
unable to document*.
; .. ill*, o.un 01 s^nmg omy nis own name to documents I She IWitnejs) drew cheques, which her father signed.
kept, as tho work v
WKDXKSDAY
nler(Mr. T. Gunner) took bis ....... ,* . . - ------—w*, „Cr
I wa-. accompanied on the Bench duriiW the I father had lost a law suit through l>cing unable to read dAy by the Sheriff (Mr. G. T. Harper) and the f.lllow- I or write. Tho sums paid for wages amounted uistratcs The Mavor (Mr. A. I* "McCalnjont), I between £14 nud £10 per week, and very often in< edcrick Perkins. M.P, Mr. J. H. Cooksey.J^lr. A. I There were ten of them in tho family, and her father'-
j very considerable. He had
«\iiii-iiiuiii uviiu, Hi.', 1 . 1 crKins, .Mr. II. .1. liuctian,. | ",vv" «'• u*ou 01 Keeping two or three h-----------
and M::jor-General Trj . — ' ...
jUmo. Sho knew that a week b*fofGlh*"2%h"of
! September her father sent back no less than nine cases i I "I goods unopened, because he was in difficulties, snd I that he had to raise uiouey for his house-hold expenses.
........ -.........v...,,. ,.,r. I Her father aud Mr. Lumby to her knowledge had been
f'A„rA r. 4;. q„t,| recently carrying mm busi- ! wen, not so now. On tho
ncss ns a boot and shw manufacturer at At>ove Bar. i September—the day Iwfore the filing of the
< >xford street, and Canal-walk, surrendered to his hail petition —Mr. Lumby had a conversation with her on a6 indictment containing nine cennls. charging him. I |*anl th* former may that ho
uinii r tho Bankruiitcy Act of l.si;:» with retaining goods wo"hl send for the parcels, and she saw the alKive the value of i'lll after he had tiled a petition for !'"'cn °n ^'casions come for them. She delivered the liquidation of bis .i!f.»ir«. for not revealing the ! \fr, . '}oft"n the whole of the books and paper*, who e ,,f his affair* t- th.- trustee of the estate, and which he took away. 1 in several occasions he came and nnWrlisinngopimbimtbe *md,. newy. *c.tW: '""'^oyc"*M04«|Mlsirs with her father. Mr. Hor in h:s possession, for c-ncealiiig and removing goods, ton was in the habit of tak ng&e business sheets pre for making insUnal omission* in hi* official statement, pyed by him away with him when ho had finished, for preventing the production of certain Iw .ks. docu I riie *t«*ck was gone through by a person named Kayi.es, ii.eiit« .Vfc . f.ir ilhvally pawning, pledging, aud dispn* i '"J1 Rave the whole of the information required, ing i-f large on uitities of property ol,taiued on credit which her father was unable to do. The defendant told and r.ot paid f r. and for making certain false reprcsen . "r ',0 to pay £10 to Mr. Smith, who was a t lati'-us. all for the purpose of wilfully defrauding his '"g *s his solicitor then for the purposes of his liquida rrwlil r^ I be w ^evntwrn was .wluctml by Mr. J. h*" K+c:amiocd ly Mr. Gram : Mh* was natmwaro 1 y ret imed by the Treasury, with Mr | that any goods were *«nt to Mr. Lumby's other than
-I. II. I ickcll. nut met. <1 by Mr. Montague, solicitor, of „l"° ornaments, winch were her own property, and were Lon.!..n. and the pris .ni r was defcndc-l by Mr. Warner- | her three years before. Although she drew the
"sleigh, with Mr.11 |; l/,v. laud, of the Western Circuit | cheques, the chenuo book was not in her immediate ,n*r.r,K;c ? • . • " King, solicitor, of Portsea. j charge, it being kept in the desk in tho shop. The rbe facta have already been published at great length counter foils of cheuues produced were in her hand-in our columns, ml the time of the magisterial inquiry. I writing, and drawn by direction of her father. One of and it Will therefore t»c only necessary to shortly refer ' V,10.*0 Rood* amounting to £41 ltis. C-l.
to the salient iwanta iu theexsmination of the witnesses. Hth of September, to Mr. IVchell ; for £0
We should add that the greatest pnssibk interest was ' * " .....
excited in the proceedings, the court throughout the whole of the day being stillingly crowded. At tho commencement, nil the witnesses suhptenaed by the outo7ry *ertr' S" request of Mr. Sleigh, ordered Mr. Grain, in the course oT a lengthened opening address to the jury, explained the alterations which from time to time had been made in tho bankruptcy law s : this particular class of offence uudcr the old Act bung of a highly penal character, and punishable by
number of parcels
----—- -j —J defendant's men.
Tizsrd and Harding, the former of whom was called, and spoke to tho delivery of five or six psper parcels by direction of his employer. Mr. Palmer, and about which he asked no questions.
Mr. Arthur Barrow, a* the nominal prosecutor, was also called and formally examined by Mr. drain, itating that Although be ws." appointed a, trustee to ho estate his partner. Mr. Wilson, had the entire charge of 'the Proceedings. He bad not • seen the defendant iince his appointment, but previously had two or three meetings with hini in Wndon. A's a matter of fact however, he had never disclosed either of the items named in the indictment nor had he given any information that would enable a correct statement of bis affairs to be arrived at
Mr. Henry Charles Fryer, a member of the firm of Fryer and Son. auctioneers in the leather trade, London, stated that iu November last he went with Mr. Wilson to Mr*. Reed's house in Briton^itreet where he went into two rooms and a shed. He found in the former some leather goods, and in the shed wss some unmanufactured leather lying on the floor, covered over with straw. He took an inventory anj valuation ol the same, aud he had estimsted their value at £73 3k _d. if sold by auction. The parcel sent to Mr. Msyfield ho hsd slso examined, and had assessed the value of its contents at £15.— By Mr. Sleigh: On this> earns> dav he saw the defendant on two occasions.
Mr. W. V. Cotten, pawnbroker, of French xtreet, proved receiving in pledge the gold watch, ch-ln, and apixsndage* from the defendant'* daughter, to whom he gave th* deposit not* produced, and b* gave £30 upon
deal of unravelling.
amgssease
Gidden, by whom they were discounted. He. however, had not pressed for payment, and an amicable arrange ment had been entered Into. A* men of business. ' wyld b* for tho jmnr tn judge whetlw or not We defendant had mold tho* goods to R*. foe the purpose ^ ebWnhg th* money realised on the two aeeeptancee % Itbreepect to the pony and cart transact bm. It se^wT that without aolIwtaUon these had been sent by the de
Miss Jessey. and the----
constitute themselves into-------,u,,ulr7,
in ths consideration of this question, they found that
be given la favour of tbe aocnaed. In reviewing the many «mnts of the indictment he commented upon thi
amount of exaggeration which, he said, had been .....
ass,
intention amounted to not more than £17CL The iwti
SSC..^Lstes! 'T,_r"SI«£ Jh«
I examined at great
Lumby's payment, which had been explained ; and the other to Mr. Harrison, whom shsdid not know, either a* a customer or in any wmy connected with the huaineos. She remembered pledging her father's gold watch and chain at Mr. Cotten a for £•."(), by his direction.
John HoIlick. au auctioneer's porter, occasionally em-plove.1 by Mr- Lumby. Above Bar, examined by Mr. Tickell, proved on the 28th of September removing two -y from the defendant * sho;, to Mr. Lnutby's ator*
. , . , ...............- of imprisonment ; but | and the conveyance of a third parcel to the railway
with Iwadvm&of the la,t amended Act in l*Z) it waa *taimu.-Lro***gamined by Mr. Sleigh: He waa In-decided to lessen the punishment in such cases, ami "tructed by the office lad to fetch these goods. It was accordingly the terms of imprisonment were rendered | Air. Lumby's instructions thst the goods were con-less severe, although a greater rcs|«iniibility waa thrown 1 *eyed 'rom tho defendant's premises.
upon the debtor, who w as required to surrendef himself „ adjournment having been made for luncheon, entirely into the hands of U trustee appointed by tho j Holbck was re called and, in answer to Mr. Sleigh, unanimous consent of th* whole ,d th* creditor*. Tho I *ba& &h* mom in which th* pare*!* wer* pIao*j
clsus* of Urn Act under which these proceedings were ---------- ' '
t?kei,,rr,'u,ro<.1 fu." an'i unreserved disclosure
section of the last Bankruptcy Act clssrly lanl it down for a debtor to do what it seemed that " ?vcry honest man would do umlcr tho circumstances — that be shmnhl to the ntmust ai,l In tb* realimation of his
thin st great length detailed the circumstances connect,,! with tho defendants failure, after nearly five montba tiading. on the Z*h of September in !a*t year. It appeared, he said, that fir some considerable time the defendant had been a master boot machinist and at this
■■sis
Mi
arc&7; .Ss'uS;
r . Atsomelength be referred to the defend-
simply a device of Palmer's, so thst. when his affairs were revealed to hi* creditors, there might b* Mm* U »L°/u V"c" - , .n iturc !n th® bn,*"- rt .would
In which the parcel* ....
store into which snyone could go st any time the ..—..ses were open. He had no recollection of Mr.
Mr. James Lumby was then called, snd stated that ne had known the defendant for a number of years, and on the 28th of September he was indebted to him in the amount of £28 C*. 7d. He was then aware that be was in difficulties with his creditors, and he visited htm on that day. He had a conversation with him with reference to the removal of some chimney ornaments,
liehalf of the creditors relative to the removal of any stoduin tredeTD He*gave ,L._ th. necewary Instmctiou* t6 hb wrvant* aa to tk r^ but not of any stock-in-trade.
sssifejs
pom tod'Messrs. Arthur Harrow and Co., of the Old Jewry, London, as the trustees, but Mr. Wilson, the active partner, had had tho entire charge of the proceeding*, and it was in consequence of certain anony-M* letter* received by him that he Wrat cam* to
moval of the------------------,W>-IU.HWS|
On that day ho called upon him. and asked him for a of bis sccount, and he gavo him a cheque for
f;, *vd • rrh,ch wM £,°in exce** °f what wm du#-
It* (witness) got the cheque cashed, and gave his clerk instructions to pay Palmer 210 in caah. Palmer said at the time that he wanted £10 for the payment of some costs he had incurred. It was about a fortnight or three week* afterwards that he was in the top portion of his store, when he discovered two parcels of which be had previously known nothing. The place wa* not ordinarily used, and finding a strong smell of leather, ho called up Hollick, who was the only porter in his service, and spoke to him with reference to what be had discovered. He had not the slightest knowledge of
*toro until ha diaoov*r*dthts
himself. There was no truth in the statement made ly tho defendant that ho (witness) said " I hear so snd so
plied to him by Mr. Palmer. There----- .—
in the ledger, showing tho defendant to be indebted to Messrs. Gulden and Sons to tho extent of £21 0*.-In answer to Mr. Sleigh, be said that a great deal of in-formation waa given him by Miss Palmer, who managed the business. He kuew that the defendant was capable only of writing his own nam* being entirely ignorant of matter of figures.
r. Arthur Barnes, of the Railway Hotel. Lynd-burst road, stated that he had known the defendant for a great many years, and in September Isst he owed him1 (witness) £22. At the end of that month the de-fendant s son brought over his father's pony, trap, and harness, together with a receipt for £30, of which, however, be had received no previous notice. At this time he had some I.O.U's. for £22owing to him.—Crosa-xannncd by Mr. Sleiqh : Since the hearing before the nagistratcs. upon advice which he had taken, he bad old the pony and tran at Messrs. Perkins and Sons', with whom it had realised £17 10s.
Mr. Wm. Horton, managing clerk to Messrs. Ldmonds, Davis, and Clark, accountants, of Portland-
Gram, said that after Mr. Palmer made his statement of affairs, ho was called in to ascertain his position on the 5th of April, the nominal date of Lis commencing , Atwvo Bar, when there was a surplul of
£t»_l 13s. lit in favour of the defendant From materials supplied him by tho defendant he compiled a statement of his sffairs, and or him at his premises Above Bar.
Mr. Edward Parker Wilson______
length by Mr. Grain, and detailed the ...
subsequent to his first visit to Southampton on the 13th of November. He also mentioned that he called upon the defendant and asked him to deliver up two life policies which he admitted that he had In his possession. but he refused to deliver them up, as, be *aid, J ?. fvr .tha yterert of his children.--In relpy to Mr. Sleigh, he sdmitted having received anonymous letters, which first induced him to Institute inquiries. Palmer had told him that Mr. Lumby had fetched the goods away from his shop.
This being the whole of the evidence offered by the prosecution, Mr. Grain proceeded to sum up, and re viewed at length the evidence of the several witnesses. Ho had not he said, troubled the jury by reading ths examination of the defendant when Wore the Registrar, but he believed the whole case lay In a very smalf compass indeed. What they had to consider was whether the facts with which he opened had been fully borne out by the reliable evidence of respectable wit-newes whom he had called, and he would tell them, aa he had before, that If they had any fair and reaaonable doubt the defendant was entitled to the benefit of it; but he submitted that the evidence given by Mr. Hor-ton was unimpeachable. From the statements he had prepared he had found that the defendant had started mbuain***wltha«umof £823 to th* pod. aod ho mo doubt started with a full and adequate knowledge of his business. It appeared, however, that within a very . indeed he had incurred debt* amounting to £1,976, of which they found-that not one shilling bad been paid. They found also that on the eve of his
2.""
way accounted for. He cared not what his private .
f, L *" T'tbin th* meaning of the 19th section of the Bankruptcy_Act and he asked the jury, notwithstanding the pamfulneas of their position, not to stretch or expand the evidence which had been given L
morning.
After some further discussion it was arranged that ~s«-~■■ should be adopted, and the jury
oath before the County Court Registrar. He had was the person who served him with the first writ.
5'K.s: .p-: SST&SJ
mtm
a, ar>iV
with tb. count, of the indictment, Mr.Siei.h reterrc.l
urging that Palmer's conduct throughout had been consistent with that of a man who bad anything but a J%^not°N?°hd to the^Htht
no troth in the statement made ly . ------------- Jo (witness) said " I hear so and so
•ince he1 returned ache,tue f- ^ * " • •
which had been honoured. u, alr.
Sleigh : He adhered to tho statement that he took the
magistrates that he could givo no explanation of this transaction, but on reaching his office he found there a receipt which had been mlelaid from Palmer for th* f 1* pad to him ly hi* ckrk. On tho »th of Septomhor ha presse«l the defendant for the payment of his account
instructions.—Mr. Sleigh : You were not treated before the magistrates in the same amiable way as you have been to-day by Mr. Grain ?—Witness : No. I was treated by Mr. Grain as a hostile witness.—Mr. Sleigh : With • kind of mental reservation ?—Witness : Yes
tinuing, stated that he guessed pretty well at the time what the parcels contained. He told Palmer at the time of his visit that bo hoped be would settle his account before he filed hi* petition, and that he would not include him among his creditors. He would swear that he did not tell Palmer that ho mu*t protect him, snd that bo must be put rigHt either with goods or with money. On the 28tb of September, the day on which he pressed the defendant, he visited Palmer's house sa. He had returned a cheque for the £28. which justly owing to him, together with the £10 which be had cashed for the defendant He admitted that he had not acted rightly to the other creditors in accepting this cheque on the1 eve of the defendant's bankruptcy— Reexamined by Mr. Grain : He had not in any way been threatened to be included in thenveeent charge.— Mr. Grain : And now let us know, Mr. Lumby. why it was that you returned a cheque for the whole of this amount into the estate.—Mr. Lumby . There was a certain amount of stigma in this matter, and I was willing to do all that I could to clear up any doubt I was willing to help Mr. Palmer all I oould, and am now,
leased on the same bad as before, his sureties undertaking to keep him under their cloee charge until his time of surrender, but the Recorder said he did not feel himself justified in assenting to such a course, and custody **** WKM 4°con^'D8'y Mmoved below in
THUESDAY.
At ten o clock this morning the Recorder took his sest on the Bench in the presence of a crowded court, the greatest excitement seeming to prevail up to the time of the delivery of the venlict Several of the borough magistrates, as on the previous day*, occupied
Mv7,prme°tlns:-tha. r*spoctive "ides.
MA Sleigh, in beginning his defence, said that at
♦ h??n?lr*on .1. he had forborne troubling if- SPL °n previous evenmg with any remarks
"W.i^ that Uwy had than
patiently *at for a long number of hour*, and with the consciousness thst be oould not thoroughly do justice to
the c*ae of his unfortunate client if he aid not for some %%%&=%
privilege to do. This undoubtedly was a case of some
in the least shrink from it becsuse he should be able to demonstrate beyond all doubt to the minds of the jury that this was a prosecution which never ought to have been instituted, that it was a waste of public time and pnbbc money, and that the entire proceedings bad to extraordinary degree been magnified beyond all pro-
* Bifritsof the case warranted. In pursuing the course of a lengthened and powerful address to
j* out that in a criminal prosecution
of this kmd, it was Incumbent upon those conducting it
of education had been subjected to a cruel and a wanton this oould not be urged aa a valid defence, inasmuch aa
is,
criminal, and he felt that at the cloee of his remark* the Jury wouldim* that the entire caae reeolved itself into nothing. The prooees of criminal law he urged oould not be used lor the purpose of upholding morals;
th.'tnut*, ,nd it"hi did no. a.]r that h. would not h.re b^n ,nec«.ful.
m^° a,hr"„h'^' hwlT,; b„'„
•ervlces, and the defendant then went to Mr. King, of Portsea, a gentleman who had spared no pains in the preparation of his defence. He submitted that as tho Pr mat away before the
blm, y iutentmu to defraud,
and the fact of his not mentioning anything about the parcel of ^ooda at their meeting in London showed that it bad entirely escaped his memory, and that he, in his Ignorance, considered I* a matter too trifling #0 report to his traitee. An intention to defraud »t the time of the act muat be proved to establish the charge, and without it the jury could not under any circumstances convict It had been eald that thia prceocnUon waa baaed upon In-fnnnataon contained in certain anonymous letters, those missives which were a pest and a scourge to society. It would met he for him total! th* jury from whom theee lettere came, but they pretty well knew, and he would aak the jury for an expression of their manly and English contempt for a person who, at the risk of snother'* freedom. and taking advantage of an unfortunate position, iuld, as it were, stab his friend in the dark, and ■een his own miserable and contemptible name be
zranara,
defendant an opiwrtuuity of disclosing his affsirs. and
evidence upon which the defendant could be convicted. A more wickedknd cruel persecution be had never beard oUnditwoolillilltotlii ground crumbled and covered with the dust which any respectable man would shake from of hp hot. Beveling to th* evidence of Mr. Lumby, Mr, Sleigh condemned in unmeasured terms his participation in the business transactions of the defendant, and commented etrougly upon the centred!* tory nature of the evidence given by him and Hollick. Palmer, who had throughout given the same story, told tho Registrar at his examination that "he (Mr. Lumby) came and fetched the goods for the money I owed him," and also subsequently he said that finding he was _ needy man he gave him a cheque becsuse of his being pressed. Treating him as a friend, he had not done what was right to the other creditors ;
of the transaction by subsequently paying into the estate a cheque for the whole amount he had received. He denied a£ some length thst the conveysnce between Palmer and Pope was a fraudulent one. but urged that the goods had been supplied to Pope, not with any fraudulent intention, bat by one interested in a former apprentice, and wishing for his success in business.
a 23%
Mr. Lumby, so be had Wy -ais old friend Barnes ; ana not wishing him to be a loser by his impending liquids-tfon, he sent his pony and cart in discharge of the debt then owing to him. With respect also to the pawning of : the watch and chain, as a matter ""of factf the defendant had not sufficient money the demsnds of his own solicitor ; lae he waa forced to the necessity of parting with bis watch snd chsin m order to discharge a just dsbt hs wa* accused by the proeecution of fraudulent intention and the deeire to make a purse. The
he oould be accused of any criminal act, when his conduct was consistent with that of an honest man in hU position. The life policies had been made no point
the statement t___
two salient feature* t.. ______
ths attention of the jury 1
and the transaction with Mr. Cunningham might might not have been a honn fi.lt one. The pawning of the gold watch ought certainly to have been Included in . . . * —« • the tnisUe. but; *« he had said. th# •hich he would specially direct
~ Mayfield, and the removal hf goods "to "§Ir*! Rred's bouse. These were the strongest js.ints to his mind, and afforded quite sufficient ground upon which the case oould go to the jury. In considering th»lr verdict they would have to remember that the d-fend-nt was an unlearne.1 person ;but Uils would apply only to a qumthnof ggnre* or acemmt^ and woqbf mot affect the
evidence** to hi, packing up and *-ndlng the good* W Th* lury had a moA rednfnl and critical respond bility devolving upon them ; but it seemed to him that a Ijrwition equally as painful had been occupied by one of the witnesses—Mis* Palmer, who had been under the painful and sad neeeselty of being called to give evidence against her own father. Her testimony, he en.id-red. was entitled to the utmost belief, and it would be the duty of the jury, if they believed the evidence that had been tendered, to find the prisoner guilty ; but if on the other hand there was left any reasonable ground of doubt on their minds, the law required that it should he el, In favour of ths accused. There waa qothing more which he felt it hi* duty to direct their attention, and be left the case in their hand* for a verdict
The jury retired at twenty minute* to one o'clock, and after an absence of upward* of an hour returned into Court In answer to the challenge of the* Clerk of th-Peace the foreman replied that the jury found the prisoner guilty, but desired to strongly recommend him t, mercy on sccount of his being uneducated.
The Recorder said he would pay every attention possibl, to the recommendation of the jury. Addressing the prisoner he said that he had been found guilty upon evidence that to hi* mind was undeniable. The case throughout was an extremely had one, ho having done his l»e»t to deprive hi* creditors of what justly belonged to them. He had been found systematically removing these goods, no doubt entirely for the purpose of defrauding his creditors. The jury had addressed a very kind recommendation to mercy to him. which he felt bound to take into consideration ; but the offence was a very serious one indeed, and one that must be visited with a heavy punishment It was his 'intention to sentence him to a term of twelve month*' imprisonment but in consequence of the j'irVs recommendation he would b* sentenced to eight months' imprisonment with hard labour. .The prisoner, who had throughout the whole of the jwoceedinc* maintained a state of stolid.composure, then "book hand* with Mr. King, hi* nolicitor, and Mr. War-Sleigh. and was removed in the custody of the
SOUTHAMPTON COUNTY COURT.
The usual weekly sitting of tbi* court was held «... Tuesday, before Judge P. M. Leonard, when there re three commitment and ten default summonses, 1 adjourned, and one remitted summons, and sixty v plaints entered for bearing.
Major O Bkibx Moark r. George Scovelu—Mr. Giles, barrister, appeared.for the plaintiff, and Mr. Ambrose Hsynes (A. Haynea and So""* Wandsworth, for the defendant. This
.V- MS' *°d they were invested In the interests "^"children. It bad also been shown that a sum of £278 had been drawn out m personal expenses, but to a man of Palmer s inclination-keeping trotting ponies, indulging in horse racing, and liberally treating hisfrisnds on the aesumption,that be had a good bnaineee-it was poesible for this monsv to have slipped away even before he waa aware of it He bad lost an action at law because of hU being unable to keep accounts, and ths jnry would not hav* to treat him aa a man 0/ culture and of education, but would have to judge from the
the
..--------1 due notice to ouit. — It snw
--------years sgo M .______
dence known as Ferryside Cottage, which at that time was in the occupation of the defendant, nndor Mr*. Bradby. Aft*. #ards some little difference srose, the consequence of this being (list defendant received six months' notice to leave tho premises, the date of expiry being the 24th of June, 1877. Tho defendant, however, did not leave until Michaelmas, and in accord-ance with an intimation given him by tho plaintiff's solicitor, he was now sued for s double quarter's rent, the annual rental of the property being £30.- Evidence having been given on behalf of Major Hoar*, Mr. Haynea. for tho defence, submitted that although tho defendant entered into possession of the property under Major Ho*re, it was distinctly understood that he was not to receive notice to quit until Michaelmas, inasmuch as when he first went into possession under Mrs. Bradby he paid for the crops, and wa* to receive the benefit of them before he left The additional quarter'* rent bad been tendered, and the defendant who was called, stated that there had been no unpleasantness between himself and the plaintiff, as he had not even seen Major Hoar*.—Mr. Haynes aaid he was quite willing to silow of the summons being amended from the double quarterly value to the ordinary quarter'a rent to Michaelmas.—Mr. Giles subsequently aasented to this course, snd the £7 10«. aa tendered was paid into court in discharge of the plaintiff's claim.the defendant however, being allowed from it the costs of his solicitor aad of two witnesses from a distance-. A hob3i DEALIdO DlarUTX AT SHIRLZT.
TnoMAS RtcHAHDft v. Charles Henry Robinson.— Mr. Bullen, barrister of ths Western Circuit instructed by Mr. H. C. Guy, appeared for the plaintiff, a horse dealer. of Shirley ; and Mr. Candy, barrister of the South Eastern Circuit, instructed by Mr. E. R. V. Shutte, represented the defendant, a brewer, trading with the firm of C. H. Robinson and Co., of Shirley.— Mr. Bullen opened at some length, and mentioned that the action waa brought upon a cheque for £30 given by the defendant to the plaintiff, which had been dishonoured. and there had been a payment Into court of £10, which reduced the claim to £20. On the 4th of July last the plaintiff was riding a black Shirley, when he met the defendant in company with another gentleman. Tbp tnare was admired by the defendant who asked the plaintiff if he was willing to sell her. He replied that he was, and in answer to another inquiry, said ths price would be £70. Eventually it wss sgreed between them that the mare should be exchanged for one belonging to the defendant, who W.M. *»*• besides a cheque for £30. At the time
of the deal something passed as to whether the mare was sound, when plaintiff replied " Yes ; she is quiet iu harness snd soimd..wjth tWexception of a small enlargement of one 41 the sinews of one of her fore legs," at the
wm
were subject to taxation in the.jniperior court
Geo nor. Down all v. Upward L. Pr wnrkdoue ^'l^A|.|w,^up^di^Tn
SHIP LAUNCH AT SOCTHAMI'TOX.
- - Mordaunt, and Co., WooNton, a finely-classed I Oil A. at Lloyd's, of tMo
mo-lellcd ----------------------tl
fullo wM^ dimenskms : - Length registered, 231ft Co
?nJ» r1 neS. ' titled with every accommodation and cm-
working mt a pressure of W*he. per,qua:* iuch. This ia " ' —. . *inco Mr. Oswald
IS,401 tons, and. considering that"tb,"machinery"was only started in March, 1870..the aniont of work turned out will compare favourably with any other work* in the country. The following is a list of the ships built since the opening of the yard Name of shin.
Abcrfoyje (l*r.)
Cambnao Mrtiar...,
Cambrian I'rincefs.)
Anrcmcoe (*.)..
£15521'°:: ::
CjuinrUu I'rino. m («.)
he)*els.) % X Kierra Nevada (*.)
Irtiarch (*.) Jlro x
k Ehll .

undertaken the responsibility of doing what he oould to
------fallow creature who had been unfortunate in
bitterly and repentfully felt which the prosecution
business, and who----
hia position, from the doom---—__
would consign bun, and he aaked at the handa of the jury an impartial consideration of the point* that had been urged. It would be their duty to satisfy them-
fellow men. be would implore them to exercise the beet of all diecreUoo, ths charity of human kindnees, and by a careful assiduity and a desire to do their
duty, to give their vsrdict on the merits of the c they had been plaoed beforAhem.
Mr. Tickell eeaayed to offer a few remarks «


against such _____ ___
left in the hands of the court
chares sgslnst Palmer was one of not disclosing to his credits, &nd unless there wss discovered an intention to defraud he was bound to toll them they would hav* to return a verdict of acquittal. But the most prominent
mmimmm
otdta«7 iUUiMnl to Mr. Wibon th.t he hvl hlnu.lf stantlally an admission of his guilt Both theee quantltiee
think that will hurt" The exchange having been agreed upon, defendant said to the plaintiff " I'm rather short of money at the preeent time. I hone you will allow me to poet-date this chsqus a week T" Plaintiff had not the lesst objection to this, and the cheque was handed over, dated the 11th of July. Some few days afterwards the psrtiee met at the Shirley Hotel, when plaintiff aaked defendant how he liked the mare. He replied " Wonderfully well." adding that he would not take £100 for her. Plaintiff rejoined " That's more than I can ssy of yours, for it turns out a very vicious brute," and he added thst defendant ought to give him an additional £5, for the fact waa that Instead of being worth the £40 st which he had valued her in the deal he had to part with her for £29. The day before the time agreed upon for the preeentation of the cheque, plaintiff received a letter from defendant's solicitor stating that the mare wss unsound, and therefore payment at the bank would be stopped. Upon this plaintiff went to the defendant's reeidence at Shirley, but he declined to see him. referring him to his solicitor. Plaintiff thsn said ss there was * dispute about the mare he would return the cheque, and they would re-exchange horses and annul the deal, and thus put an end to the bargain, and this, if the mare had really been unsound, would havs been a moet equitable arrangement, but defendant refused to have anything to do with It, and upon his sending him a message by the servant a policeman was sent for by defendant.—The plaintiff was then called, and at some length depoeed to the facts detailed by the learned counsel, and, in reply to Mr. Candy, he said be didn't after the deal tell the defendant'* groom that he muat keep the mare's leg well bandaged, nor did be tell him he would " remember" fcim for this service. Thi groom afterwards met him'in town and asked him foi something, but he told him ir'wsa quite time enough, when he got hia money from defendant He considered himself ' bested" in the transsction becsuse of the manner in which defendant's mare turned out It took three men to harness her. When he subsequently sold her he told the purchaser, who was a horse-dealer, that she was a " little queer" in the stable. He didn't per**v*re in his determination of sending the cheque in when be afterwards called at defendant's house.— Alfred James, horse dealer, of Blechynden street, waa called in corroboration of a portion of the evidence; after which Mr. Maynanl, veterinary surgeon, of Romsey, deposed to examining the black mare on the 5th of December, with Mr. Gould, several months after the deal, when he found the animal eound. He valued her at £60, and disagreed with the conclusions of Mr. G. A. Good, veterinary •urgeon.—Mr. G. J. Gould gave similar testimony, ssy in# when he saw the mare an the same dsy as the last witneea ahe waa aa "eound aa a bell." She oould not have been Buffering as depoeed to by Mr. Good in his affidavit in July, to have been completely recovered aa be aaw her in December.—Thi* being the plaintiff'e ?***■ Mr. Candy, for the defence, said their answer to it was that the animal in question waa parted with by the plaintiff under an unqualified warranty. A breach of thia waa discovered afterwards, and thsn his client very properly acting upon the advice of hia eolicitor, stopped payment of ths cheque, and was now entitled to abate so much of the payment doe aa would compensate for the Injury he had anatalned.—The defendant waa then sworn, and said plaintiff warranted the mare •°°nd as * bell," or words to that effect Witness did not put hia hand upon the mare.—In cross-examination
£rngs suiti Sauries.
Bone arable Society <
-A (Meg Concern-Ternpis liar.
res Taesmss*.—" r ask! , , f enahTm, ** 1
k**dnd "airs .f. "The vdkaWs hesetkm
eaeWsus wf tobesrbedsed vulgarch.tteral: 1*
iuour(on
benss. Tie* wwuM dreervepmtiledf. If y«# llks."
early in the now year, anoth-r Isrge contribution of St. I'ctci-*
a""- '™-11
SUAlUa',1 Whwel,thlt?J"St'^ ... , rFrom
as:™"u "»'"»
I* "k* a wlU brast shew r-Xkfauss k
SiaiLto Fcsm — Torpedo estimates.
r": iy™»s ■
s thsn St. AlUan'*.
». COKMOtassra. — Farmer's Wile (to old g ha mssssgs) : Mew, JWm. that * e slaw of ^ned b^r, Home brewed that; nothing in that but good Malt and hops. -Jok* : Iss. mam. snd lbs wstter.-Fsrm^s Wifs : W.U, yes. of course the water. I'd forgotten that.-John (tasting); Nay. mum, all be blessed If ysr he»e.
LrriaiLT Mim.—It haa been oWrved that there wa* a great ,alrcitJr 0'*h<*u.ln lbo Chn.tma* Number* luued during tne Thi* 1* the more remarkaMp. is it is well known that h*vo the r-"'----
not only a deal table but also a w.laut-wood piano." This is a very proper sentiment ; but even then the *ubjcct is not exhausted, for many a marriage begins with rcievood and ends with pine.
Can a Tooth afflicted with cacntaei icriuruli be said to have
1 sovereign be sent t
an inclination to authorship I tenUsryl * ^ Wh°
[From punny polti.] Some people think that going to »
Por-CLaa Coxsoare.—W l*e* of ginger-beer manufacturers.
--------— -------- the peak of renown.
lis *tlll must fear Oladston-, the woodmss*. for be
aot sdmlre the liberality of
effected In laiing ike larytr tiutl
north. ^ bongitutle, 1 deg. 21 min. C
Height above the *ea, 7» feet : —
IratnreAaltitudr
I Inehe*. Inches. | Deg. ; Deg.
# * :* I M-y Mi
10 I to aa I sn-»i3 as7 ## 1
Temiwralure fn.uj |SelMlcgistering T I meter* In 14 horn I vlous to a.
^Direction of the
In 1 Win. Max.
Observations mad* by Mr. J. T.Cook, CIvU Assistant.
hsnnless, being free from I-------
ment found In other hair restorer*. It n ___________
hair to Its original colour; It prevent* the hair falling.
street, Southampton. 1 .
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