The National Register. — London, England, 1821-09-24 00:00:00

OLD BAILEY SESSIONS. r Motenay. Srrtr 17 —The Court and avenues leading to it were en•wded et an e. at,' hour this morning. the greatest anxiety be.ng inanife , tcd to witness the trial of Wm. Ewiney Barnard Turner. At ten o'clock the prisoner, who is a very genteel looking in in. was put to the bar, but being lame. was desired by Mr. Jj`tieC Richardson to be aceeunnodated with a seat. The ititheonent was then read; it charged the prisoner with falsely making and counterfeiting a certain receipt for 1,0451. in the name of John Penn, with intent to defraud Sir Robert Peel, Bart. and the Covenant and Company of the Bank of levgland. There were three other indictments of a similar nature for dif. trent lar,4e bunts ef money. Mr. Sergeant Botanquet and Mr. Rolland conducted the case for the prosecutor. 3lr. Gurney, 3lr. Alley, 3lr. Adolphus, a . Alr. tons. the defence. Mr. Sergeant Bosanquet stated to the jury. that the poisoner at the bar was a clerk. in the service of the Bank of England, a . ti employed in the Navy 5 per Cent. office, and tip to the time Cat this transaction took place his employer, had no reason to d. übt his integrity. The charge :against him was, that he had lolled. or that he had disposed and put away, a receipt for 1,0451. knowing it to be forged. The receipt purported to be a receipt fur the purchase money of certain stock , in the name of John Penn. which hail been given by the prisoner to a person named Staring. John Penn was entirely a licsitious personage, created Li the prisoner at the bar for the 'purpose of this frat,d ; for it would appear that the prisoner at the bar was the only person who netweiated the sale of stuck, who wit nested the transfer, who gave tile receipts, received the produce of that stock, and appropriated it to his own use.—lt was necessary that he should inform the jury that Sir H. Peel was a considerable proprietor of stock in tile Navy 3 per Cents., and such as stood credited in the ledger. On the !1001 March last an entry was made transferring 10,00 d. front Sir Robert Peel to John Penn. of Highgate, which Sir Bethel t never transferted either by himself or by his attorney.— This was not discovered till the month of Slay fonawing, when, ira a reference to the transfer book, it was found that two leaves Lad been removed from it. An investigation took place when the s.lttee was diaanered. That the two leaves of the transfer hook were destroyed by design was clear, because the pages wete erased a::d altered, anti in order to keep the account of Sir R. Peel correct in the ledger, an alteration was matte in a sum of 4,01 01. to his credit, by putting a figure of 1 before it, so that it stood 14.000-. An attempt has been made to alter the figures in what wa• called the primary book; but as there was a duplicate and tiplatite of that not kept within the walls of the bank, and there- Sta - e aot within the reach of any perscn employed in the Five per Cent. offices. that attempt appeared to have been given up, and the otiginal figures restored. Ito should cull a persun who knew the prisoner's hand writing, and who would swear 62 wthing en the erasure was the prisoner's hand writing. He ela.ulit prove that Sir R. Peel made no transfer of stock on the Ytitil of March, and it se ou'd be quite clear to the jury, that was a tratidulent transfer effected by sonic person having access to the books of the office. He should rove there was no .101.11 Fenn et Highgate. The prisoner only had witnessed the transfer ruatie by hint. No broker being present, the prisoner had him. sets:Atli Sterling it' he wanted 1000 i. of Navy Five per Cents. and received a cheque for the amount, wide Ii was paid by the tankers in 13 notes, of which notes: than 12 were traced as being aid by the prisoner for his owe. individual purposes. He (Sr.e Le4nt Bosariquo) Was prepared to go into the detail of proof vs to the whole 10,0001., but he apprehended that if lie proved the facts he had suited respecting the receipt of 1.0411. in the name of Venn to Suirling, trio jury would have no difficulty in finding A false instrument, which the prisoner bad made, or at least uttered with a guilty knowledge. He adverted to the prisoner's attempt to escal.e after trei:%; talun into custody, as a token of guilt, and then proceeded to call his witnesses. Difffirent clerks in the flank were called to prove the facts as stated by the learned counsel, atter which Mr. Kaye. solicitor to the Bank of Englund, swore that on the 9th of May last lie saw the prisoner, and several transfer hhoitt, were shewn him, and lie was questioned. lie was sent for by the direction of the Governor, Deputy Governor, Epic. and canto with Foy the police officer and slr. Norris. He had lift the Bank. 1% hen he cause, the that transfer that was turned to ass that of the gist of :March. Witness asked him who the Mr. Smith was whose name was subscribes'. as baring witnessed the transfer, and he replied. that lie wet of the Stock Exchange, but tart a member;—that he latelltled IN the Rotunda, that he did r.et know where he lived, and that he knew Lim only by tandaling at the Rotunda; that he was a young man about 30; and toot he laid accepted his identity before.. Witness then turned to the tianster of the 43t1 of Alarch. from John Penn, of Highgate, to James Parkins. ''his was also attested by the prisoner, and identified, like the other, by J. Smith. Witness asked who Mr. Penn was. and he said he appeared to be about su, and that he (prisoner) hail known him two or three years. Ile was introduced to him as John Pear, ; but he did not recollect by whom or when. He did not know whether Mr. Penn had any . tranauctions in the funds before these transactions. as his Came SO identify Penn..-Smith bad trar.sactial business with him before. and he knew him as a responsible and respectable broker. He added, that he thought was knows to Mr. Campbell and Mr. Salisbury of the 3 per Cent. office. Witness then turntal to the other transfers, and was asked as to some blots which appeared on :be names, and he said lie knew nothing if them; that they acre not made !whore the book lett his bends; if they buds the eansfers would have been written over again. He said there a.-re stock receipts given whin the transfers were made. lie *aid he did not kin's• where Penn lived except by the entry in the Woks. He censiderctl Penn as a man who had mode his fortune, aisil was makin , the most of his money. pia taw *NUM tho cock before. 'lre stock had been standing in l'enti's name only a :port time. He did not know whether he witnessed the trans• let hitmelt or not. He had known Smith four or live yews. Lett kei floc:, in his company in titivate. Smith was regulurls in the bast ofattesting transfers. Ile had gcnerallv secs Smith in the middle of the llotoreli.. He thought Sinitli'liad not a box in the Rotunda with his name. Prisoner told him that the Janne ot Pehn was written differently in the different transactions. and he said " Yeah was, and he ascii:y(l it hinis :* at the time," He was then desired to a ithdraw, and in a within:. he was to calied, and told that he would not be pern itted to go house, but lie might send. Ile was then given to Snortly afterwards witness went to the prisoner At St. Bartholomew's luriiittil by his desire. nod when ire cause there he iinkl ithsr.zes wore much against him, and he a isheil to 111111se a cool. uarnication u; on tl.e sal jut. Witne , s said Ise conk! receive no r.fiden tin' communication, and that be must ceinaumicate every thing that taissed to his employe/a. The prisoner then said lie Jail beet; 1111Slell and iii'n4ltbol by a set of rasertlN oed 1041 10. i a great deal of m onryt Whey's " how C a l) t I V , W I, a w h en you hove sold the stock and gut the along . P" lie said ho j. a u, o ut be had paid it to that rascal Penn. Witness laid you khow very well Mere is no melt person as Penn. The prisoner remained silent for some time, and then changed the sulijece, 'Nerving that he foe been intsled and defrauded by one fiantitel 'ruiner, who had aLseittatial. The aitne:s said. " yes, it dues appear by a hook tunnel tit your house that you hrsc bad lar6e trchsection. aids him, end lie said lie had." He then rtquestul witness to aliow brut to be ten:creed front the hospital owls house, hot 'he wroi told lie must go to confinement.... ^/s then asked I.: it. how la: cunkl be so de: poste a „ to l eap u Lao pz:ir ii irt:ol.l, tam! he repbcir. " If you could kno• nee and distress of maid I woes in you would not st.astLer at i, ti Loess had a :ebb-erupt interview, but nothing a :dial issuer'.. t.a; toliecit:3, totter co:ticrt, and overseers of the poor of THE NATIONAL REGISTER Highgate proved that DO such person as John Penn" had or did now reside these. Here the exec for the prosecution closed, and the prisoner being called upon for his defence, requested permission io with draw for a few minutes. The jury also withdrew. When they resumed their seats, The primmer rose, and entered upon his defence, which was extremely long, and read from paper. The prisoner set out with saying that he was the son of sir Heinen] Tumor, who, in the riots of 1780, greatly distinguished himself in the Ilea= of die )Sank, and by his bravery, saved its Treasury from destruction. lie (pi isoner) hail been eighteen years employed in the Bank; :and he considered himself as it were a portion of die establish ment...attached to it for life. It sem his misfortune, some time ago, to got acqueinted with one of those harpies, who go about entrappiog the unwary; and to that argralllliance was to be attr,buteal the mehmelitily situation in which lie row stood. That person was John Penn, of ahom the jury had beard so much. The prisoner then went on to stare that lie had repeatedly executed mousy transactions ibr this Penn, and hail received proper mom. nerntron tbr his labour. Ile had dime 1.011:10n his rep: esentation that lie had large expectations, and one fatal day, upon his pro ducing what lie conceived to he proper documents he executed the transfer in question. Thi he however. withoutl disgu ise, and knowing well that it would tuit!ergo the rigid itistection ot' two other experienced clerks, whose vigilance he could not hope to escape, if he haul done any thing wrong. Soon after the acconiplisliment of his alleged criminal purpose. he went to Hastings, on the coast of Stni..ex , fir a fortnight, on leave of absence. here then am ample means of escape. lie had, it was ulleged, the produce of the plunder in his pocket lit this time and villa " was his conduct? Weill plenty of noels in view, and at his command for money—Willi the wag of France in sight, and with every possibie facility for escape, lie came back to London—to the Bank, where, if Ir.. had committed ally offence, lie knew detection was cousin. and lie resumed Ills onVoyalient, and resided at his usual home. Besides this.. lie did not want for money. Ills salary at the Bank was above a competency, and, hesi.4 , B that, he two years ago inherited 2.0 0 01. troll' his mother, and in the course of last year be received 5,0 d. and upwards with his wife. With this increase of protits, his habits of living continued die save, and he could therefore have no temptation, no inducement, to commit such a crime as that alleged against him. With respect to his attempt to CSC.I.T, his mind was at that time in a state of distraction, and lie sought to escape certainly ; but lie hoped to meet in the attempt what would have been more acceetable to him—certain death. Ile knew the dilemma into which his want of caution had brought him; he knew the strong circumstances that were against him; and that he could have no evidence to rebut them ; and he had also upon his mind the consciousness that, although he might escape conviction, yet the very charge would drive him for ever from the pale of society, end render his future exisience a blank. The ptisoner went on in a strain of powerful reasoning, and even eloquence, to point out the extreme iniprobabity of a nun, cir cumstanced as he was, committing such en offence, with (as he from his long experience knew) the most certain prospect of detection, lie reformed upon the testimony for the prosecution, which, be said, consisted ahnost entirely of probabilities namely —without positive proof, and earnestly entreated the jury to weigh well the probalities on either side, rind see which way die balance would incline. lie implored from their justice and hu- ' inanity that merry which he could rot expect hem the law , . if thetr verdict show.' be against him ; for, to o ff ences like that with which he stood charged, if conviction wok place, mercy was a stranger. if they wore not convinced of his innocence, still they might doubt his guilt, and the law, in that case, g;:ve him what he was sure the hearts of the jury would not withhold from hint, the full and entire benefit of that doubt. The prisoner then, in most feeling terms, and In a manner which excited the sympathy of till weu beard him, alluded to his wife, who, lie C: id, had linhed lice destiny with his, amid who, if their verdict should be one of guilty, would have a home, which was once happy, rendeleil de s olate, and could be deemed, for die remainder of her days, to misery and wretched. Jury. ,Ntr. Sergeant Doonirpiet rose, and said. that this and two other indictments, claugino the priomer with forgery, arose out of the same trunsactiou a tech had already been tried and decided upon. Although in Islet of form there were three separate indictments. yet the evidence was the same. and tile transaction was likewise the some, A Jury hosing, tater a stile= ineeetigatien, decided upon that evidence. as it was lint for high to call in question that verdict, and. with the penuission of their Lonielupe, he should forbear calling any evidence upon the present Tee jury of course woneunced a verdict of Nut Gary. The jury were then charged upon the two other inelisaroores, and returned in each a verdict of Nut Guilty, Mr. Alley applied to die comet to give an order for the imme. (Hate discharge of the prisoner, such a armee beii.g usual when the Grand Jury were dismissed. as was now die eiese. The court uccelled to the application, solid Me. Turner was immediately liberated. alt demeanour wits serious and becoming, and he bowed most respectffilly to the court and jury as lie quitted the dock. nese. The unfertunate prisoner concluded his address with an appeel to the jury, full of eloquence and feelirig, sohtheh pioduced RD at= upon the auditors that will net sounds; forgotten. AlreLee, the high Constable of Wortniineter, wee culled. who gave the runner a most li:ge character, and Ceveresi to the intereetilig feet, that he had re,eleireeel sonic heavy deists which Irie mots .r had contracted prevonts to he: decease, without tie eligliteet legal obligation on his part. A great inunber of persons ut the highest reepectability spoke to the hontiumble and ireepioachablu conduct of the prisoner during the what: of his ilfe. We venture to suite ' that a higher ellarloger was never horoe by my man than 11r. Turner low taped up to lime unhappy trotisuetion m question. Mr. Justioe Moho:dhoti sunatital up too evisience with great minuteness and . peopicuity. 'the July ram t.t belf last seven o'clock, and after an *b. Knee of air hour am' a half, i‘ttuned with es verdict of—Not Guilty. sui ; Jit cxpreFAnt of tipp'euse was limn] noon the return of the ter..:ct, bu; it was very properly reprt•setl by the Cutoutou The prisoner was removed frcm the Isar, assisted by several friends.—There I wo three other intlicituems against 111111. Ti:1.1111.1,1", F/TirTi 18.—At half put two o'clock, Win. fl. B. Turner was itipportiel into omit, and Owed at the bar. 'alt. Clark, the Deputy (Jerk of Arraigns, thy; celled upon the primmer in 111 a UW11411.11111 the jurors. or any trf thenn if ho chose to do to, eiel the jury sumo as upon his trial yeeteeorry) se r ge diets mum, and the coati:wary procia. mutton will male. before Mr. Jugice Richardson. Wetie coney. Sere. 19.—Foitorite iron eve Putts stab COW MIN Cali:stein Uis% Wit 10 Ilie 1141 111.1,11 -11 liallt.litielll, rlh.al. jog it itli feloniously for. ging and counterfeitieg notes for pay mein of mie dollar, pur l to illy, to he Tien-to y notes of one of the mieieters and aortaeill the King of Pr mon. Theeaso war tiled lie!iire II L•indon Jo - y. Alt, Law 011(11.41 the imidicl,u.ut to Inc Jury, and Mr. Kellam! rtati a Ow eh comstusires of the case. Vs into :Self , 11/. OS is an engraver, and resides 10 Wide, l4 .,,,t,tiot.t, 'COONS. no I has dOlie fur tiff yes. a. pt igi.orr at the liar, is he In the heeireetie of Art it made is, , i!lielit.ol/ to il i um. T he / Wi th. Was. ili; t ht . hail tuna oster n bitu t for the ;ilium, nista, Winless timed him e het it was, tied he said a Pruesian ticket. Wireess asked him what ticket. It was, mid he said a ticket ofadmi.sions Witness WAS g • te to ask bins fur what, and he 5aid....." Ond bless my soul, do you think I ant going to give you any thing wrong to do ? you know me very well ;" and a illiCt•Statid he did. Prisoner then desired him to engrave the Iwo plates (there tea; as reverse side), and and desired to have 80,000 if Ise could, in a forthight. /ICU said the time was too shoe t, but lie is mild get 10,010 ... e, or mere if he could. The prier 14. r the 10,000 was to be 301., 31. a limns:lnd. The prisoner was to provide Ms ow n paper. The plates were executed nod 'hewn to the pri. 54.115.1 s he approved of them mid they nem tent up stairs to be printed 110,000 were ultimately struck oh; tool the pri. stiller, during the procey, repeatedly came to superintend the is ork. The prisoner came (lady and cut than up, and put themjin pare. ls of 11110 each, t.uti took them away.-.. When the process of engraving thebe ticket. , a as concluded, a line of letter-press and a copper-plate engravii.q, being put into the hands of the is itness, he said they is cri• the same that be u s ed in the fabrication of the litotes in question. In August last the prison( r came to him, uod said he hail ret dyed another order fir 5111.,0 more, and must be eiteem. d speedily. The prisoner always brought the paper in reams himself, cut in the form that was necessary for behig struck off, lying publicly on the contiter.—pie of these times being produced, witness same dint it Ilia, one %hich he struck utf in cousequeoce of the second order from the prismier.—. Those notes stated in the indictment were copies. William Richard Newman sworti.—ls sou to the last witness, told knows the prisoner ut the bar. Knows of the order given by the prisoner. Ile cut off the edges and snggested talerationE. Augustus Eckart examined, through an Interpre. ter.—ls Inspector Lieneral of Police at Bet lip, and it is his duty to inspect the dollar notes. The note now pro duced to witness is a genuine Treasury note. Another note was then put into his hand, and lie said that was a forged note. I - le hail seen a number in the possession of Foy, the officer, and they were all false and forged. lu the mouth of May several Jews were taken into custody at Berlin, and among them one Lahti and Simeon. Lobh was arre►ted at Leipsic. Witness came over here with and arrived on the loth day of Jnly. Witness did not know of Simeon having any letter of int roductiori to the prisoner. Witness put a letter ill the post at Ifam burgh, directed to the prisoner. John Schmidt translated the words on the genuine note, and the number. It ran thus... "A Treasury Note or Receipt of One Dollar in cnr• rency, accordii,g to the suutlard of 1714 ; valued in all dealings in NIL " ALIEN hTEIN." On the reverse— " 'ffeasory Note or Rucelpt of One Dollar in currency. —Office of Healiaation of Currency." The note is u holly in the German language. There is a cro , %n end serial e on the note, and the iliilidiS " F. %V. U." fur ' 6 l'redei teL William Rex." The forgery nit, then sliewit to the witness Eckart, and be Kaki it resenAhleti the et i A ntal in form and writing." 31c. Atioloms.—The trim in Guinan for a promi, sons note is teltuldt-schein. The terns for a tectipt is schein. _ Peter ghtleOli said, lie al ivied In' England with Mr. Echer on the lath of July, and saw II•c prisoner on the following day. lle had known him uiue years. Foy gave witness it live pound :tote, which, on the following day, he gave the pi ironer on account. lie alit minds gave tie prisoner more niuncy, and received in rein' u, ;it one time 1.00, and on another occasion 2109. Ile received the 3100 on the 'lily the pristine' wits apprehended, 'aid he paid him I Ul. for Metal, which lie bail received from Foy for that 11111 pose. 1% itness was always searched by the ofileets before he went to the prisoner. Upwards of So witnesses were culled to the prisoner's elLadeier, _ . . air, Jitstlee tl , ou rammed up, and the Jury re tained a verdict of Win. flurdiog µas chi. ed :it the Itar,chtr:,ed with stealing, oil the st:i of JJ!), is here, the plopurt) ••;* It :1111.cartd, that um the tiny named in tho a.,,t,ctment proweutor had u 11.,c1; of 29 sheep, six of which lie MiE>ed en th;,. Ott the Muilduy following t hey welt: found in the of the prisoner at Smithfield market. who aus them tort butcher. The prisoner was out at the same time tidiest tato clattioy, but a few days sub. stquently his residence etas discovered, and he was talseh hot) custody by Austin, st coolant& of Ltlmontou, in the ac t of malting Ids escape f the place of bit iesidetice ut Muchmore-hill, disguised as an old ammo). The 14.CCOVIII given by the iniamer was, that lie bought Ow sheep sun man hunted Tony, µho had since titoconaed, an t cubed tau a itaesits In prase tile) saw hint pry fur theist ; the.e buss relllllll, ever, in . e%Dl kilted so much, that the cowl did not comider them emitted to belief, tool tho jury found tho prt,iinet guilty—death. There arse sevetul other ladietittents against the pritooer, willytt were thitituttil by the society for the linnet:lloou of felons. ittistsDCY. Setherin, aged 29, Wit/ leiunionci,, knowingly, rind willingly net gu Mg a flifee and Waffle ceriefiente relating to the duos of lixcts,i, with intent to defraud his Abject,' IValford rand Hedlund conducted the prosecution, acJ Alr• Alley and Air. Adolphus the defence. It uppeured in evideacc, that the priconer sees n clerk in the pus mit office, io the excise, when any merchant, having tobucco, or tiny tither commodity, in the London ducks, snider the luck elf the excise aim the company, eviyhed to have it removed, to go to the docks, and there have it weighed out by the proper officer, in miler to mcertoiti the amount tif dune, regularly paid. The weighing ollicer makes u town to the collector of the weights, and the cullectur then fur lit the merchant the aummit ot laity to be paid, had when it is paid, the colleetcr gibes a certificate to the leer• chant iu that elfec I, Tilts eel tilicute but ii been find signed by the,nitretor, mid coasimted 1,, the cesuptrollur, is prey witted at the permit 'Mice the niece hunt or hie agent,'aiiil psrulit to given for the removal of the goods Irma the ducks. A person maned Robert (Clam, clerk to µ et lit the habil Of Milli% µill; certilicates of this kind (fool his employer. and it Willi lite duty, with other-, to receive the cert•ficates and give permits. The clerk. were cot nice Or exiiiiiiii fig the olio:mins or the collector. and conipteallers us there weer honey itilrercia unto nut even !tonna lo the ele ks. lit July lust, (Aunt, in the contort of of one week, bfoitylit Intl certificate.. one fur 3i71. and other for upwostli of 9001. tomtit of tobacco, purporlinit In he .4:lltd and countersigned lu the regular way, mai he rah . humid a permit fur each rrom the prisoner, is nose duty it w , .6 to enter them in 14 tellief, called the 14 Duty Paid Leif • gel," kept for INttl purples& The numbers of these certificates we , ti Wei nod IAN. lit (to Couc.e Of the Week it t littuVilly tint made Obit the duty laid lint hi eu paid upon either or those certifieutes, and that the tignisturce Acre forged. Trio