The Statesman. — London, England, 1821-09-18 00:00:00

leging.that it was with intent to defraud the Bank of ' England and Mr. Starling, could not be sustained. . Mr. AWAY followed on the same side. Mr. Justice RICHARDSON overruled the objection ; Mr. Baron Graham concurred with him in opinion, that there was nothing in the objection. The prisoner was then called on for his defence.— Ife requested the indulgence of the Coon to retire for a few minutes, previous to making his defence. The COURT granted the permission, and the Jury also retired. On their return into Court, William Lewis and Campbell were re-called, and in answer to a question from Mr. Justice Richardson, they stated that both the primary and duplicate books were kept in the Bank in the day time. DEFENCE: The prisoner then rose, and from a written paper, read his defence, which he delivered with peculiar pro ptiety and firmness of manner. He acknowledged that the statement which he had made to the Bank Di tecfors was suspicious ; but relying on the candour and justice of a British Judge and Jury, he was satis fied that with them suspicion would have no place. To prove his innocence was manifestly impossible, as the only witness Who could do it was the man for -1% hose iniquities he was now suffering. He stated that Ise bad been eighteen years a faithful servant of the Bank of England, and during ,the riots of 1780, his father, Sir Barnard Turner, bad preserved the treasure of the Bank. The way in which be was en trapped was this :—A man, in the garb of a Gentle man, applied to him for a loan, and referred him to a credit of 10,0001. in the books of the Bank of Eng land, which some family reasons required should stand in his name a little longer. He represented himself us a man of substance, residing at Highgate; his ap pearance was respectable, and his offers liberal and honourable. Having examined the ledger, and every thing appearing regular, he entertained no suspicion, and on the next day advanced him the sum which he required ; and thus began those pecuniary transactions which had closed by placing him as a prisoner where he now stood. He continued to act as a broker of this' , accomplished swindler, and occasionally repaid him self the advances he had made to him out of money received, from him, which accounted for many Bank notes being traced to his possession, and not to Penn's. slow, he would ask the Gentlemen of the Jury, could lie suspect this man. It had been suggested that the irregular transfer and entry in his name is altogether fictitious and made by him (the prisoner.) Had the ledger account been opened by him, there would have been some ground for the supposition ; bat that ac count was opened by Mr. Prideaux, and he must have been satisfied of the regularity of the transfer before lie would have opened it. Two months have elapsed before any dsicovery took place, and in that interim lie had been absent for three weeks at Hastings, and if lie had been guilty, might have escaped to the op posite coast, but - instead of which be had returned to the Bank, the scene of inevitable detection and ruin. Would any man of common sense, much less a man of subtlety, arrange a contrivance. of the sort imputed to him, have so acted, and that at a time when the plot was effected, when the plunder must be supposed to be safe in his possession. He was present when the discovery of irregularities was made in the office; but no witness spoke of any alteration of his counte nance or manner, indicative of guilt. He had even stayed twenty minutes beyond his usual time, and then had gone to his own habitation, where he remained accessible to every visitor. It was alleged that he tore out the missing leaf; but if that were so, why had lie not torn out the other leaves which had been brought in evidence against him? This was a peculiar cue in which the Jury would look at the probabilities on each side. There was nothing in his past life or conduct to countenance a charge of dishonesty; no creditor bad ever called twice on hint for money; in fact he owed none. He could prove that he had paid some debts of his de ceased parent, which he could not have been obliged by law to discharge. His income from the Bank was abundantly sufficient for his expences ; add to which, tivo yetre ago, by the death of his mother, he received 2,0001., and he received with his wife 6,000/.; and three of the clerks of his department owed him four hundred pounds, and had done so for months. So that it would appear that lie, a man of temperate ha -bits and moderate expense, bad rushed on infamy and death without cause or motive. He had been entrusted to a considerable amount by many brokers, and could have realised a larger sum than 10,0001. without any risk, and he could have enriched himself without a tenth poi the risk, from his situation giving him a cond over tilt 'dividend warrants. The fault that he must acknowledge was having been a dupe, but not a villain. The account he now gave he had given to the Bank Directors without premedita tion, but when he found they were resolved to drag him ie Dor. apd when the of Penn burst upon Km, and conscious tffirattqWnn would not restore him to society, he lost his senses, and scarcely knowing what he was about, be did seek either escape, or what be thought more probable, certain death.— lie entreated the Jury to balance the probabilities, and they would find that to pronounce him innocent they had only to believe , that he had given credence to an artful villain; whilst to convict him of guilt, they must believe that he forged the transfer of Sir R. Peel, and imposed on the vigilance of six clerks, through whose supervisioo it pasted ; that he tore the le4 out of the transfer book, and afterwards dis posed of the stock in the common market; and they must believe that when discoveries were made be staid at the office 20 minutes beyond- . the time, and then went to his habitual residence, and. that he did all this with 70001. is his possession, and four hundred pound...owing to him from clerks in, the office. "My existence," said the prisoner is con- - elusion, " hangs upon your breath; for in cases like this, after conviction to look for mercy were hope less. Cut me not off, I implore you, in the very summer if my years; for the sake of those whose cha racters are unstained I ask it—for the sake of a wretched wife who has bound up her happiness in mine—for his sake I ask it who will not hereafter for get the mercy with which you have tempered justice." The address of the Prisoner caused a considerable sensation in the Court. The following witnesses were then called, who all spoke in the highest terms of the character of del prisoner. as being most exemplary in every Madan d i life : Mr. Loe, the High Constable of Westminster, bad N. • THE STATESMAN: iinow;hine (rola h 1 birth, and knew that about two years ago, he Caine into possession of 2,0001. by the death of his mother, and that he received 5,0001. on his marriage, which took place about a year ago. J. Swiney, the Prisoner's uncte ; Mr. Carter, an attorney, a neighbour of the Prisnilrees ; the Rev. Mr. Onslow,, the Rector of Newington (the parish in which the Prisoner resided); Mr. Robert Hill ; and Dr. Powell, all spoke to the unimpea:hable character of the Pri- Mr. Justice RfCIIARDSAN then summed up the evi dence with the utmost precision. He observed that the Prisoner's defence was drawn up with singular ability, but it contained not a syllable respecting James Smith, the stock-broker, and it was remarkable that none of the witnesses who had been examined knew any thing 'of such a person, except the Prisoner. The account the Prisoner had given to the Bank Directors (according to Mr. Kay's evidence) of the first acquaint ance with ,Ur. J. Peon, that he had known him about three years, but in his statement now, be says Penn introduced himself to borrow money from him, which he was induced to lend him on being referred to a credit of 10,0001. standing in the name of John Peen, in the ledger of the Navy 5 per Cents., though. Penn had no credit in those books till the 20th of lidarch, 1821, and there was nothing that woold 'auras the Prisoner that the person calling himself Juhn Penn to him, WAS the John Pena who had 10,0001. in the Bank books. It was for the Jury to judge as men of business and the world of the probability of that ac count. If they had the slightest doubt on their minds they would give the Prisoner the benefit of those doubts, and of the irreproachable character he had hitherto borne. The Jury retired for an hoar and a half, when, at nine o'clock, they returned with a verdict of— Not Guilty. A burst of applause twat place id the Court when he verdict was jeouounced. PRICE OF STOCKS TB Bank Stock per Cent. Red per Cent. Con. 7511 f 31 per Cent. G per Cents. shut 6 per Ct.Naiy 1091 I per Cent. Legg Ain Imp. 3 per Cent. Irish 6 per Cent. DAY AT ONE O'CLLIcla. India Stock Dlttollonds .1. ..s. pas South-Sea Stock Routh Set Old Ann. Ex Rllls2d. 33.15. 43.25. pm. Small Os. Bank for Account India for ditto Con, for Ace 76$ Lott. Tickets 191. ISs. Hum WATRR AT LONDON-BRIDGE TO-MORROW. Morning 53 min. after 7.—Evening 29 min after B. Cht et, tattOtnan. 46 TNli BRITISS STATESMAN" IS INCORPOItaTBD MITE •S TUB STATILSSIALIS." LONDON: TUESDAY EVENING, SIIPTIIMBER 18, 1821. Paris papal-, to the IGth instant have arrived this morning. An article dated Frankfort, Sept. 9, says, the news from Vienna of the 4414 which baste re ceived by an extraordinary channel, is ea -7 4110as : The Courier who brought the answer of the Cabinet of Russia to the note which the Porte had sent to Peters burgh, in answer to the ultimatum, has made his jour ney in thirteen days. It is asserted, that the Em peror being absent (his Majesty having set off for Odessa) the Ministers had declared, that they could not undertake to decide upon it, and that they were constrained to send to his Majesty the note of the Porte. (A blank then follows in the article, occa sioned by the erasures of the French Censor.) An article from Hermandstadt, dated 24th of Aug. says the news of the tragical end of Caminar Sat va is fully confirmed; and thus describes the horrible state if the capital of IVallachi. The Arnauts, the Bul garians and the Pandours who had accompanied Serve, made, even after his execution, an active resist ance, and killed in the streets of Bucharest a great number of Turks. These finished the contest by set leg fire to the quarter in which the Anoints were en.. camped. One division of the city was reduced to ashes, which occasioned an immense loss to the inba . bitants, and many of them perished in,the dames . During this horrible scene the Turks rushed in crowds into the house occupied by the Austria* Consul, where they counted upon finding some Greeks. They plundered all t h at M. de Fleisebbakel, the Consul, possessed. The house of the Consul of Ruslia was equally a prey to pillage and fire. The number of troops that had come to Bucharest to avail of amnesty, which bad been pro mised them, amounted to 2,000 area.. They, for the most part, fell into the same which the Torts bad spread for them ; few of them were able to escape death by flight. Ibis is a fresh iastaate of lae good faith with which the Turks - fulfil their amnesties.— Serve, adds this account, merited death. it is true but be bad come to Bucharest on the faith, and on the parole of the Turks; and his tragical end is a new proof of their perfidy. Captain Diamarty, bad not been impaled. as bad been said, but eooducted rimier a strong escort to Silistria. M. de Fleishhakel. the Austrian Consul, set out yesterday firr Vienna. An article from Meats, of the sth instant, speaks of a Congress which is to take place, and to be composed, if not of many great Monarchs, at least of their Prime Ministers. The Chateau of Johanasberg is preparing for itsaugust possessor, who is expected to arrive there about the period of the King of phonet's visit to that country. The latter was exrAeitat H. house within the last fortnight of this month.— Aa article from Iran of the 7th instant, states the de• tails of an unpleasant affair which bac ea place I. Spain. For some days it was that a secret faction was attempting to overthrow t. Governmeat. The authorities took energetic teats to maintain order; but the agitation coati General 'Pep had set off to go Se the hogbof the Miro, and the Polidmil Chief redoubled Ike nigilaate to avoid an enemies. The Ma at .Mart, . • • ~: . ; they say, there had marched groups of common people, who at eight in the evening, cried, " Vlve la Republique" This alarmed every one. On the following day a man named Villamor, who was pointed oat as the principal agent of the faction, was arrested ; and the minds of people became calmed. On the 21st an extraor dinary courier from Mark' arrived, bringing an order for displacing Reigo, and for the departure of the re giment of the Constitution and many officers of other corps, to places appointed for them. The General was ordered to proceed to quarters at Lerida, and the poli tical chief to unite in himself the civil and military functions of the province. Riego was at Bujaralos, about ten leagues from Saragossa, and on receiving the despatch became furious, and said he would leturn to the city, and see what to do. The Political Chief began to take measures to prevent his return. Riego tarried with him on his expedition about a hundred men. A deputation was sent out to meet him, to warn him of his personal danger on his return to the city, as ever . ) , one had declared against him. They met him at Pee -1 bla, and convincing him, not without difficulty, that be ought not to return, he took the route to Lerida. The deputation returned to the city, and tranquillity was complete, at Saragossa, the following days. On the 28th of August, the Political Chief addressed a prOcla mation to the inhabitants ; again on the 31st ; and a third time on the 4th of September. On his side the General published one at Peira, on the road to Lerida on the 3d of the month. The object of the General was to complain of the irregular manner in which he had been deprived of his command. He concludes, however, by declaring that patriotism and zeal for the constitution perpetually animates his heart. FRENCH FUNDS.--Five per Cents. September 14th, 86 f. 50 c. A file of American Commercial Advertisers arrived this morning to the 29th August, from which we ex tract tile following : FROM BERMUDA (NORFOLK HERALD) Captain Ross, of the schooner Columbus, arrived here from Bermuda, has furnished the Commercial News room with papers to the 29th ult. Captain Ross fur ther states that the affairs of Bermuda between the Governor (Lumley) and the good people of that colony, are far from being in a quiet state ; that independent of the imprisonment of Mr. James Till (a few years since a merchant of this town of the firm of Till and Gosling) and Mr. Basham, a gentleman of respect ability of the parish of St. George, he, the Governor, in the night of the 2d August had the doors of t h e Town Hall at Saint George forced open by the military, and the Mayor, Mr. John Till, brother 'of the above named James, taken forcibly out and conducted to Hamilton, under a military escort, and there thrown into prison. The charge preferred against the Mayor by his Excellency, was the breaking of the fiddler's , violin, (by order of the Mayor,) in dispersing an un lawful assemblage of persons, collecting at an nn• ' seasonable hour in the parish of St. George; which as sembly annoyed the whole neighbourhood. A lawyer of eminence, who had been deputed by the Mayor, to act at the time of dispersing the assembly in a judicial capacity, was also taken by the military at the same time, by order of the Governor, and imprisoned with the Mayor. The result of all these acts of Sir lirth. Lumley, were not known when the Columbus sailed. We learn by the schooner Hero, that on the 20th nit. a courier arrived at Port-a-Plat, from St. Domingo, with news of a Decree of the Cortes, encouraging the cultivators of Spanish St. Domingo, by opening all the ports and permitting the exportation of coffee, tobacco and hides, free of duty ; thereby turning the attention of the natives to the cultivation of the soil, instead of cutting mahogany, on which the duty is doubled, amounting to a prohibition. Sir ROBEAT WILSON, our readers will find, is stated to have been informed that the KING has no further oc casion for his services. What the reason was fur which , the experience, skill, and enterprise of the gallant General were to be dispensed with, and for which he was to be deprived of his rank, did not appear in the paper from which we have extracted the intimation. A ministerial journal of this morning, however, is kind enough to compensate for the omis sion of itsfelloil labourer of last night. The Courier, soon after the disastrous and disgraceful 14th of August, tried very hard to make it believed that the steps taken that day by the populace, to do honour to the remains of their lamented Qcsen, were the result of deliberation and concert. Of late, in order to be more serious, it has become reser►ed ; but the New Times to-day, in reasoning upon the paragraph of last night in The Courier, without expressing itself, indeed, in any other than general terms, leaves its readers to make the application. "We have often," says this courtly oracle, " spoken in general terms of theproba bility, the moral certainty, that some person ac•' , quainted with military operations, had planned the I artful and systematic mode resorted to at the Qvicw's funeral. It war morally impossible that a mere mob could bave o parsued such a regular mode of resistance by blocking up lad intenkting streets and roads with oat some adviser; and we have laid, that in our opinion the crime of such an adviser must have amounted to little short of treasos. Far be it from us, however, to attach the guilt of such a crime to any individual, without tall, equivocal legal proof I A sheet time will throw light en this mysterious stair." 'To flans, then, we must leave it, without say ceosseeat of ears: bat in the Interim we must lamest with Millen, that we " have fallen on such evil tongues and evil Time." ••, • We have repeatedly endeavoured, as will recollect, since the subscription wai remunerating the Life Guards on duty August, to demonstrate the illegality fug, as well as the baneful sanction it was hold out. Our arguments have been noticed, tlr not answered, by the abettors of the project forts, though wasted upon them, bare less iu another quarter. An attempt made to divest the schemeof some of features, by representing the reward, aeration for the services or sufferings nor by any means as an encourgemeat lar displays, but merely as an acknowled, for their forbearance on the occasion. form, it seems, the boon, when the closed, was about to be presented to the , Fund. Apprised of the design, the Committee Fund assembled, and though we had the soldiery in general were not allowed berate meetings, this committee met, from them in The New Tioaes of this consider of the offer that had been p9sed. The result of the meeting, we say, will as directly tend to allay the animosity bad unfortunately prevailed between the and the populace, as the proceedings Blades were calculated to promote the the estimation of such as had happened favourably of the principles and disposition 'men, their character must now appear - they.refuse to accept the boon delis proposed This in noble, and displays a gallant more, it strews that a sense of military obligation superseded the sentiment of political di dependence. It proves that however and sinister were the motives of the subscription, that men in subordinate , superior to the influence and imputation —ln a copy of the Resolutions of the ' dressed to the Commandant of the lit signed by a Quarter-Master, as Treasui mental Fund, they declare, that those. tribute of praise that had been bestowed the subscribers, yet seeing that it is int measure should bear the character of a litary generally for the bare performance beg to decline any participation in the as they conceive that as soldiers they , the correct and asalous‘discharge of thei any circumstances, without looking ward than the provision which his made, and the approbation of their try. What l a reproof is this to and ignorance of the mischievous intermeddlen is an unexpected choke damp to the firebrands. In taking leave of the subscribers for we must beg leave to observe, that minds except their own, the sulticriittion zealously promoted might, in the perplexity fusion of our present affairs, have proved serious consequence. For, whatever qualities of its patrons, we may reasonably question the prudence of men, who, instead wonting to bury the past in oblivion, thus the surest means of hindering the cause from being forgotten; and thus preset, and seed of discontent, that by the sM pppositiciot: win be hatched into life. the real friends of liovernment limn know, that a rational submission to existih, stances is oftentimes not only commendable sake of taltiog a large portion of useless off their hands, but sometimes absulutel' order to hinder any risk, which the State by opposing the public wishes, when arise from giving it Wisp. Consequent siness of all who may be entrusted set safety, to take no step in any affdir before examined it in all its bearings, and enabled to make a pretty probable consequences which might follow the plans which they may have in contemplation. according to the opinion of the celebrated 04 she surest way to present saltine the matter of them ; for if there be fuel , hard to tell whence the spark shall some it on fire." Now the patrons of this doing nothing less then preparing the , deuce ought to have taught them was either strayed or removed. New the fuel never be removed u long as the people toward the Guards. And this subscription tinselly reminding them of what they " rage upon their rights, is the most certain pletely hindering the dispersion of upon the first imaginary provocation, being thrown io, may envelope' the whole ii idea indeed has often rushed upon out would have required very little to have believe that this subscription had from the ingecuitv of some disaffected out of many ex;.";:flts had settled al most certain themes keeping the put torment, in Wee thereby to forward t poses of discontent. In conclusion, we few extraction s from Lord Bacon's dens aid i roubles, for the nee of liken this informants plan without . isciatibt enough to judge of Its conseneeeem " Lot we not," Lip that celebrated sage, " Po' sere the danger of their disconteuttoests by dik. It • our reads.' r o o f o th th e e t l r d oceed th of. —_°7ll was op ene d for , ov was designed to [ noticed, thou g h tb ject; but our et- id e not been kit. th has lately bee n Ti f its obnoriatie or not as I feral. Pe of the militory, fu meat for shin. t tr acknowledgm eet Ye s i oll . in thh he subscripti es Ps the Regimental committee of th e I understood that si ved to hold deli. th RE an advertis e . la s day evinces, is or previously pro. ha re are bappy t. ' be animosity which NI the Life Guard s z` as sgs of the City e irritation. la Did to think an: to unities of then Pr sr redeemed, for is roposed to the m . Is spirit. It does tl bligationbas not VI luty or manly i n tl • unconstitutional si authors of the stations will h e on of corruptie a . e Committee ad- si Life Gsards, and surer to tl r h tlrejieeepttbe wed on them by oteuded that the S ei reward to the mi t i - ,nce of duty, they the subscription fs , y are pledged to 1 their duty, soder to any other is DIAJCITT las fi r Kano and eon. the officloaniss termeddlen! it firebrands. for the ala t to y P esy re o lea tsi. tb s t o , v;',4 a plexlty oved of the most may be the goal msonobly call ist instead of easy thus make used use of irritaticia 1 lying the germ slightest heat of 4 Those who are ow, or ought to existing circus. wadable for the ens trouble from rely necessary, is ;tate might ma en no evil could • atty. it is the I* with the riblie sefore they base and thus bees le guess at the from adopting 'temptation. For. ated Lord Bacom n is to take away 1 Bel prepared, it is awe that shall set subseriptioa we fuel which pas • either to he tit' of sedition will le are disaffected we i pt i e n by con% y deemed aa out• e rtain w..y of (vs- ' this fuel; that being like a spark ' in flames. This ir minds, and i‘ ye induced us se 1 1 d taken its rise ed person', who, ipon this as tilt lObliC mind is their own PE' we will make Essays on Sedi• r dm« who ig" out thought el 1 is conserisseeec 11 - - •.-1 • ~ •