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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.
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Hulme , they were willing to take any evidence they might have to offer in their defence . Mr . Gibson reserved the defence on hehalf of his clients . The court was adjourned till "Wednesday , when other witnesses were heard , and Royle and Rhodes were discharged .
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CAPTAIN AAEON SMITH ; OR , A " CAPITAL COACHMAN . " Captain Aaron Smith , of 8 , Stafford-street , Piccadilly , described as having commanded his own ships , but living at present as a private gentleman , was summoned before Alderman Humphery , charged with the following assault upon an omnibus-driver : — George Hoby , driver , ~ No . 4014 , on one of the city Atlas omnibuses , running between London-bridge Kail waystation and St . John ' s Wood , said : On Monday week last , the 19 th of July , I was driving up Holborn-hill . Captain Smith was driving a four-wheeled phaeton before me at a very slow pace . I asked him to go on or pull on one side , as the road was very slippery . He stood up in the phaeton , and asked me if I was speaking to him , and then , giving
the reins to his friend , he commenced laying on to me with the horsewhip . I asked him why he did it , and he then drew up his vehicle to my left , and said , " D—n your eyes , I'll tell you what I did it for . " I called for the poiice , when he repeated the same violent expression , and said , " I'll give you police , " and he layed into me again with the horsewhip . I ' m a good whip myself , but from the manner in which he . used his , I think he must be a capital coachman . ( Laughter . ) He then drew the phaeton round into Bartlett ' s-buildings , and I followed to ask for his name and address . He then offered to fight me , but I refused , and he struck me , and , kicking up my hat , said , " Take that , you d d English dog ; " and from that I thought he was a Frenchman , but his appearance is not like one . ( Laughter . ) He promised to give the policeman his name and address , so I drove on , and took out a summons against him .
Cross-examined by Captain Smith : I might have run against your phaeton , but not until you stopped . I did not call you a tailor ; nor did I offer to thrash you ; I did not attempt to strike you with my whip , for you twitched it out of my hand when you first began horsewhipping me . Mr . J . Egan , a merchant , of 24 « , Abchurch-lane , said : I was on the outside of the omnibus , seated on the box by the side of the driver . I heard the driver ask the defendant ( Captain Smith ) to go on or pull on one side . Captain Smith pulled up suddenly , -and the pole of the omnibus touched the iron-work of the phaeton behind , and merely turned the box seat over . Captain Smith immediately stood up , and threatened to horsewhip the driver ;
upon which I advised him to bo careful in what he did , as he might strike those he did not wish to touch . He then said "Oh , you d— scoundrel , I'll horsewhip the whole lot of you , " there being at that time several other gentlemen on the box beside myself . He then pulled a little on one side , and struck at the driver repeatedly with his whip . He then pulled round to the near side of the road , and again applied the whip about the driver ' s head and face in a very violent manner . Cross-examined by Captain Smith : I am accustomed to drive . I am sure the driver did not attempt to pass you ; and if lie had , there would not have been room . Hi ; did not strike your vehicle until you drew up , and then very slightly .
Mr . Cecil Harvey corroborated the testimony of the last witness and the complainant , and added that it was he that advised the latter to get down and obtain tho Captain ' s name and address . Mr . Alexander Stuart , of Cambridge-square , gave evidence to the same effect , and added , that it , was the most savage attack , on the part of Captain Smith , he had ever witnessed . Alderman Humphery observed that , as fur as ho could see , flie Captain appeared to have treated the driver as though he was one of the men under his command . Captain Smith said tho Alderman had not heard the whole of tho ease , yet - Alderman Iliiinphery said , certainly not . ; ho -was not giving bin decision , but . only an opinion upon the evidence an it . then stood , and he was now prepared to hear Captain Hmith in hiH defence .
Captain Smith then mud that the driver of the omnibuH twice struck the p haeton before ho ( Captain Smith ) stopped or took any notice of it , and then lie certainly did threaten to horsewhip him if he did it again . lie heard Nome dialling going on among the gentlemen on tho box at , Iii . H expense , lie also heard them advising the driver to get , down and give him ( Captain Smith ) a thrashing , as he was only a tailor . He ( Captain Smith ) then asked the gentlemen Jo come down , and offered to thrash any one of them , whereupon the driver got down and followed him into Hartlct . t . ' s-buildingM . He then ( struck the driver , who called out , like a cur as he was , and said , "Oh , I did not ,
come down to fight . " Captain Smith then Haid , " Did you not P I ) - ¦ - ¦ n your eyes , Hum , what , brought , you down at ; nil ? Your place is up there" ( pointing to tho oninihus ) . He further alleged , that , although he had applied the whip an ( lie complainant stated , it could not . hurt much , as it , was only a Hinall phaeton whip a' mere nil ' s tail . Mr . . Robert . Taft , of ( J rove-col Inge , Hnmpstead , was then called for the defence , and confirmed the statement , mado by tho Captain , and at the name lime corroborated many of tho facts mentioned by the complainant . He also saw the parties ( spurring in Martlet . t . 's-hiiildingh , but could not . describe exactly what , took place , as ho wan Homo distance off at the time .
Alderman Iliiinphery said it , w » h a very wanton and unprovoked uhhuuII ., anil if tho ease woro sent to the hohhuuih tho consequences to Captain Smith inifrht be very nurioiiM . However , in this instanco it wuh his intention to fins him 40 « . for the assault , and order him to ho mulct in
the expenses of 6 * . for two summonses / Ss . for the driver s loss of time , and 2 s . for the damage to his hat ; all of which were immediately paid by Captain Smith , who said he only regretted one of the gentlemen on the omnibus did not come down instead of the driver , for they encouraged him ( the driver ) to commit a most shameful and cowardly attack upon him ( Captain Smith ) . Alderman Humphery reminded Captain Smith that the witnesses for the complainant were all gentlemen of the highest respectability , and ought not , therefore , to be spoken of so lightly as Captain Smith had done . Captain Smith said" they might be gentlemen , but he
, very much doubted it , " and he then left the court , but , so far from being dissatisfied with the decision , on reaching the outside of the court entrance he expressed himself to the effect that he fully expected to have been fined 10 ? ., but at all events ( the law limiting the penalty to 51 . ) he had 31 . to spend , and concluded by cordiall y inviting the driver to adjourn with him to a neighbouring tavern to partake of a friendly glass with him—an honour which the complainant prudently declined , fearing , with the Captain ' s excitable temperament , and having come off , as he said , " so cheaply , " that another breach of the peace might occur .
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" MR . MONTAGUE TIGG" REDIVIVUS . The case of the Australian Gold Mining and Emigration Company , which was mentioned in last week's "Leader , was again brought before Sir Robert Carden on Saturday , on which occasion Lord Kilworth , Mr . Rushton Reed , and Major Hawkes , who were named in the prospectus as directors , as well as Mr . Dawson , who was named as solicitor to the Company , were present ; and all of them denied having any knowledge of the affair . Henry Graham Montague and C . Julius Tripe , who had acted as clerks for the Company , were charged with having defrauded several persons of sixms of money .
John Jones , a farmer , stated that , being desirous to emigrate , his notice had been attracted by advertisement at No . 6 , Austinfriars , and he had accordingly applied to Tripe , who had engaged to procure liiin a passage for 22 £ . He had been to see the Camilla , the first mate of which vessel had told him that the ship had been looked at by the Company . He afterwards paid a deposit of 111 . to Tripe , and took a receipt for the sum . He had seen a bill of the Company promising medical attendance , a pint of porter a day , and a bottle of wine every week during the voyage . He had sometimes expressed suspicions , but had always been told by Tripe , " It ' s all right . " He had once inquired about the members of the Company , and had been told that " there was a company , and they sat on Tuesdays and Fridays . "
A lad , named James Abraham Thome , had been engaged by Tripe as a clerk . He said he had never written letters calling the directors together . Since he had been engaged the Company had had three offices . A great many persons had called at the offices about shipping , but lie had never seen or heard of Lord Kil worth . In reply to Sir Robert Carden , ho said he had never taken cash to the Commercial Bank of London ( the bank named in the prospectus ) , and he did not think any one else from the office hud ever been there . Sir Robert Carden said it had bcon ascertained that
they never had had n shilling at that hank . I ho alderman read a prospectus , which was without a list of directors , and ho said it was very probable that tho prospectus containing the ; names was kept for those who wort ) likely to become dupoH ; while tho other might bo circulated in all cases with impunity . Another lad , named Dcnhain , had been engaged as a clerk . Ho had never received his wages , and there was owing to him 17 / . or 1 H / . Ho had froquently soon passengers eoino to tho office , ami pay down their money . Ho had himself seen ' . Wl . or 4-01 . paid at , a time , and hud heard many clamouring for their money . Those who complained generally had their money luick from Tripo mid Montague .
A clerk of Messrs . Willis and Co ., tho ship-brokers to the ship Camilla , stated ( hut , ho had had some negotiations with Tripo and Montague , with a view to their chartering tho Camilla , but no arrangement was oflected . No poison was over authorized , on behalf of the Australian Gold Mining and Immigration Company , to engiigo passengers on board tho Camilla . Another charge was niiwlo against Tripe by . lanios ( lowland , who had applied at tho offieos of tho
Company for a passage for his nephew to Australia . Hn had l « : on told by Tripo that they had a very nioo ship bound for Australia , culled tho Modicis . He wished to keep his money till tho vessel was ready , but Tripo said ho must pay at once , or tho pluoo would not bo kept . Hi ) accordingly paid })/ ., being half tho prieo o ( a , stccrngo passage ; being at tho sumo tinio assured , that if tlio vessel did not nail tho money would bo returned . .
Tho broker to tlio ship Medicis proved that I npo hud no authority to cngugu passengers for that vessel . Tht * receipt fur tho 91 . hud boen wimed by Tripe for the
charterers . He said he had had a long negotiation with Montague as to chartering the vessel , but that it had been broken off for want of a guarantee . Sir Robert Carden considered that no cases could ha proved with greater clearness than those we have above related . He should commit the prisoners for trial at the conclusion of the next day's examination .. He declared that all whose names had appeared upon the prospectus as directors wefe completely exonerated from imputation or suspicion . The prisoners were remanded for a week .
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A TRAGEDY OP « REMORSE . " An Irish pedlar , named Christopher Smith , has been arrested , accused of murdering George Bush , in December last , at Priston , a village near Bath . Smith , when apprehended by Mr . Hughes , chief of the Bath police , said he should make a clean confession of it , and then told Mr . Hughes as follows : — " I was at the public-house , and at the time selling lucifers and other httle things . I had half a pint of beer and I saw the man I murdered pull out hia purse > which tempted me . I followed him from the public-house until he went two or three fields over a stile , and when he got seventy or eighty yards , I tripped him up with my foot .
He fell on the back of his head , and called out * Murder , ' very loudly , and said to me , ' Do you want to murder me ?' I replied to him * Yes . ' The prisoner , then lookin g at his arms , said , ' I was then much stronger and more active than I am now , and I held him a lew minutes , and drew my knife across his throat two or three times , and he never moved afterwards . There was not much struggling , as it was soon over . I knelt on him , and when I was on him the blood came over me , and I tore up some grass and stuffed it into the cut . I then took his purse , but did not get more than seven or eight shillings . I thought he had more , or it would not have happened . I am sorry for it . It was a cold-blooded deed , and one of the worst murders that ever was done . I slept in a cart-house that night , and in barns and under haystacks ever since ; but
whereever I was I could not rest , as I saw the man . It was a dreadful thing to have on the mind , and I am perfectly prepared to die for it . " Smith was brought before the magistrates at Bath , on Saturday , on which occasion the following evidence was brought forward . Two persons proved that they found the body lying near a footpath in a field , on the morning after the murder . One described it as having the throat cut from ear to ear , the wound being stuffed with grass . The pockets were turned inside out , apparently by a hand with blood upon it . George Bush had been seen at the " Ring of Bells" public-house , at Priston , on the night before ; one man saw him put his hand into his pocket , and heard money rattle . The landlady saw there on the same evening a man whom she thought was Smith .
A servant said that a man came to the house of her master , at Priston , on the day of the murder , with a basket of needles , pins , and laces . She knew him well by sight , and identified Smith as the man . A labourer had seen a man , whom he believed to be the prisoner , about eight o ' clock on the morning after the murder , sitting on a bank by the road-side , near the " King of Bells , " wiping his shoes with a piece of paper . Ann Bateman saw the prisoner al > out ten o ' clock on the same morning , on the road from Priston , about a nailo and a half nearer to Bath than tho place where he was soon by the last witness . A woman was with him , and was doing something to the front of hia shirt , upon which tho witness saw some spots of blood . Sho stopped to see what was going on , and the . . woman said — " Wimt tlio deVil are you looking at ?**
A surgeon stated , that tho throat was cut from car tp oar , tho wound going through to the spine . He thought this wound must lmvo taken several cuts from a sharp instrument to produce it . This witness examined tho hands of tho prisoner , and found the scar of u cut on tho fbro-flngor of the loft hnntl . Hughes bore stated that tho primmer had told him that he hud got his finger bit in holding back tho houd of tho victim . As tho magistrates were consulting whether they should call inoro witnesses , tho prisoner called out , — " You have- evideneo enough , gentlemen , to hang twenty men , without having any more . " IIo said ho bud nothing inoro to say . llo was committed for trial for tlio Wilful Murder of ( Joorgo Hush .
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CHILI ) MlJKD . lt : KS . A woman , named Louisa Walborn , was triod on Friday week at tho Dorchester assizes for the wilful murder of her child . Mary Ann Shoppidke , who admitted , on < tohh examination , that hor pust life had boon decidedly " »» - correct" in various purticuluiH , stated that WallK > rii had como to livo lit ber house early in tlio present your , being at that time pregnant . About ten weeks uftor that tiino tho prisoner was easily dolivorod of a fhio male child . She wub left alone with her infant . In about half an hour Shuppick , being in an adjoining
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7 g 4 T H E L E ADE ^ [ S 4 rp iuuY ,
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Leader (1850-1860), July 31, 1852, page 724, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct1945/page/8/
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