The Sun. — London, England, 1824-11-01 00:00:00

1816.--Witness: I find an entry there F. Young. Consols 5,4601. Dividend 731. 19s. Od. Are. oIiNEY -GE mEnAL.—Produce the book containing the 1816 dividends.—Witness : I find an,entry in January, 1816. There are names and sums. '['he three first are in. Air. Faunt leroy's handwriting ; the rest are written by the clerk. 'I do .not find the name of F. Young in the names written by Mr. -:Fauntleroy; the name.F. Young written third in the list of names written by the clerk, and the sum opposite to it is 4,640/. - The witness then went through the different books, showing that the lists of dividends had been regularly entered by Mr. Fauntleroy every quarter as they were paid, and that he must have been cognizant of the forgery by which the stock was : transferred. A vronerET-Ozer'n nani—Refer .to . the day-book in which are entries on the Ist ofJune,.lßls.—Witness : I have the book, ear.d 'found several entries. rITTORNEY.OEN ERAL.-4» there one entry of the sum of 2,953! 2s. 6d.—Witness : There hi. voliNwme-Gee x an-e-To whose credit . is that sum r laced e—Witness. To the credit of H. F., meaning Mr. Few itteroy. A T Ti) RN EY-GEN:Etta n—There is an entry of 2,9931.25. 641., is were not ?—Witness : There-is. Avroll.N EV-tittle Ea At..—And between the two entries you have mentioned there is a sum 01401. inserted, making, if added wether, the stun of 2;9531. 2s. tic. to the sum of 2,9931. 21. 6d. AT Toll EY.Orrr Enat.—Produce the private book of Marsh and leo., and refer to an item of the date of June 6th. Witness--I an entry in Mr. Graham's hand-writing -of 401. iii the name of Ryan. There is an erasure in the next item, on the same line. The items June Ist, 2,9531, 2s. 6d. the. 401.. are in the hand-writing of Mr. Fauntleroy, and si-si the item of 2,993!. 21, mid. , which is placed to Mr. F tee - count. Mr. Justice PARK put the book in the hands of the. Jury, for their inspection. Crimes-ex:mined by Mr. GuitertYl This money is placed to the truths of Mr. Feuntleroy, in his private account. The sums are very large; to the amount of 50,0001. I don't know whe ther the money found. its way into the funds of the Bank, as that rests with the partners themselves. I don't know whether they were drawn out on Mr. F.'s account; Marten and Co. were our city Bankers; they received this money; Mr. Stracey would know whether this was.applied to Mr. Fituntlerey's account' or not; but the clerks knew nothing of it. It was the custom to make entries to initials. We were merely ordered to make an entry of them in the ledger. [The ledger was now handed to the Jury.] John Henry Spurling called by the Attorney-General. In 1815 I was clerk to Mr. Soloman, who was stock-broker to Alsrmilm and Co. On the let of June, I sold out the sum of 6,000/. Consols for Miss Young, of Chichester. It is entered in the book. The amount of the money produced by the sale was 2,956/. 6s. Then deducting one per tentage, there was left 2 ,9101.25. 6d. The , amount was paid on the let of June, with my draft, to the account of Marsh and Co. at thebanking bowie of Marten and Co. , I delivered the note of time sale to Marsh and Co. Vile note of sale was now put in, and read byllr. Clarke. Samuel Plank called-,1 am a police officer: of Marlborough Wove office. I appreheudetl the prisoner the 10th Sept, at his banking-house, in Berners-street. There was a dealt in the room where the prisoner was, which he locked after I went in. Ile knew I had come to apprehend him. The key with which he locked , it, I took from his .watch at Marl • boneigh street e I delivered it to Mr. Treslifield. I went with Mr. Freslifield afterwards to the banking-house, and searched the desk 'with Mr. Freehlield. There was a private drawer in the deek, and from it took some more keys. There were pa pers there, and they were brought away by me. The pri soner was examined that day. They keys found in the desk were kept in my possession till after the examination. When went, after the examination, to the bank with Air. Fresh field, we found two boxes. " Fanntleroy" was on one of . them. I,tried them with the keys, and they opened them ; after that I hulked the boxes, and delivered the keys to Jr.a freslifield ; the boxes-were taken away by Mr. Freshfield, in a coach. . Mr. Freshfield, the Bank Solicitor, wise now ealled.--I- went to the house of 31anth and Co. with the officer, the day the prisoner was apprehended. I mailesearch there. I received a key from Plank the officer ; it opened the private desk of time prisoner; in the desk were found some other keys. After' the examination I returned to time banking-house, andin a room at the back of the partners' room, I found two boxes ; one had the name of " Fauntleroy" upon it. There-was another box by it. I desired the officer to try the box with the keys., that I might not take the box of any other person than the prisoner.-- • H e did see; and finding from the papers that it belonged to time , prieoner, I took it home with mime. In the course of the same night I went through the whole of one, and half of the other. One contained a number of deeds, probates of wills, letters of Administration, and official document*. In time. other, there vier,: 3 great number of memorandums, and diaries; els°, the otHie note produced. lie found also the paper I now hold late paper alluded to by the Attorney-Genera l in his opening hpeeell.) • AlreTyson, time clerk in theshausecof March and-Co, said, • that the usual method was to put the Stile note on the file. ',lt is copied into a book by one of the clerks. Janice Kirby, another clerk in the house, stated; that he had searched the hooks of the house, and found none of the transfers .of stock had been entered. They would have been so in the regular course of business. Mr. Watson was re-examined, to prove that the a paper found in the box was the hand-writing of the prisoner. "rhe paper .was now put in, end read by Mr. Chirke. . The power of -attorney to sell the stock was then put in and .reati, as was also some other documentary evidence which had Wen substantiated in the course of the trial. Tire case for the prosecution was then closed. Air. GURNEY, who during the reading of the power of atter- Meg alleged to be forged, had been comparing it with the wink • set out um the indictment, now Wok an objection to time indict. meat. The whole of time instrument was not set out in the in. ,dictment. lie then pointed out to the Judge certain words • which had been omitted. We could not bear what they . were. Mr. Justice PARK said the omission was immaterial, arui over-ruled the objection. Ile then turned to the prisoner , and ,addressedthug Prisoner, time case on time part of the prosecution being now closed, and your Counsel having exa mined the witnesses, they not being permitted to make a speech fer y.on, you may, if you wish, say any thing you think proper .to.the Jury or to me." Mr. Fauntleroy then rose, and' drawing, a paper from his besorn, said, with a sorrowful and dejected. air, " My Lord, I. will trouble you whim a few words." • Then, wiping away a tear -.Web forced itself down his pallid cheek, he proceeded, in a very low, and sometimes hardly audible voice, to time following eifeet i— t` My Lords, and Gentlemen of the Jury,—Overwhelmed as 1 am by the situation in which I am placed, and being unin formed in what manner I should answer the charges which have .been alleged against me, I will endeavour to explain as well a.; the poignancy filmy feelings will enable me, the erribarrase merits of time banking-house in which I have been for many years time active and only responsible partner, and which have alone led to the present invetitigation ; and although I am aware I cannot expect to free myself from the obloquy brought upon .mo by my anxiety to preserve the credit and respectability of time Finn, still I trust that an impartial narrative of the oc currences will obtain for me the commiseration of the well disposed part of time community. -Anticipating that the Court will extend its indulgence to me,. I will respectfully submit mmudi observations as I think will tend to remove 'from in - fluenced . minds those impressions which, with sorrow I say, • must have been made upon them by the cruel and illiberal man ner in which time public prints have untruly detailed a history of my life and conduct, hoping therefrom I may deserve your com passion. Although I may be unable to justify my proceedings, and see ire my liberation, by a verdict of the jury, yet they may • be considered,' in the mercy of time Court, and a discerning public, as some extenuation of• the crime:rat/Mt which I stand • arraigned. With this object, it is necessary?' that I should first • stets, shortly, the circumstances under which 1 have been placed ' during roy connexion with Marsh and Co. My father este • blisheci time banking-house in 1792, in -conjunction With Mr. • Iltarsh aid other gentlemen. Some of the partners retired in 1794, about which time a loss of 20,0001. was sustained. Here commenced the diflicultics of the bootie. In 1796, Mr. Stracey and another geritleinan came into the firm, with little or no etignientation - of capital. In 1800, 1 because a clerk in the house, and continued so- six years, 'anti although during that time I received no salary, die Erin was so well satisfied with ' my attention and zed for the interest and ?welfare of the esta blishment, that. I was hendeetnely rewarded by them. In 1807 • my father ; I that snecf.etled hint ; at 'this time I was only 22 Yell's; of age, and time Whole weight of an extensive but needy banking estaidishment imt once devolved - upon mime, anti . 1 ' found the concern deeply involved in advances to builders and • others, which had rendered a system of discounting necessary, and which we were obliged to continue in consequence of• the scarcity of money at thee time, and the necessity of making further advances to those persons to secure the sums which they Nt6Oti Indebted. In this • perplexed state the house cnnti nued until 11410, when its embarramments were greatly increteiL • ad, owing to the bankruptcies of Briekwodd and others, which , brought upon it a sudden demand for no less a sum thanl79,ooo/. • the greater part being for the amount of bills which our house ' tad accepted and disentinted f or theses Pettiest since become bankrupts. About 1814, 1815, and 1816, from the speculations Whit 'builders and brieltinakers,'fise,, in which th e h ouse was engaged, it was called upon to provide funds um near 100,0061., 'lo:avert the losses whic h W ould otherwise have ' visi ted it from •;?tbotie speculations. In 11119, the most reaponsiblaef OUT pATt. esiers died, and we were called upon to pay over the amount of his altho' the substantial resources of the house were wholly Inadequate to meet solarge a payment. During these numerous and trying difficulties, the house was nearly without resources ; and the whole burden of management felling upon me, I was driven to a state of distraction ,in which I, could meet with no. relief from my partners ; • and, almost broken-hearted, I sought resources where I could, and so long as they were provided, and the credit of the house suptiorted,•no inquiries were made, either as •to the manner in winch they were procured, or as to t „ sources from whencelhey"were -derived. In the midst of these calamities, not unknown to Mt. Stacey, he quitted England, and continued in France, on his own private business. For two years, leaving me to strtiggle as well - as I eciiild-withalltfie eulties almost insurmountable. flaying thus exposed all the necessaries of the house, I declare that all the monies tempo rarily raised by me were applied not in one instance for my own separate purposes or expenses but in every case they I.were immediately placed to-the credit of the house in Bernere-, 7street, and applied to the payment of the pressing de mands upon it. This fact does not rest on nay ,assertion, as the transactions referred to are entered in the books now in the possession of the assignees, and to which I have had no ac cess since - my apprehension. These books, I understand, are now in Court, and will confirm the truth of my state ment ; and to whatever account all the sums may be entered, whether to that of Stock, of Exch....vier bills, or to my private account, the whole wen( in the geneeal funds of the banking-house. I alone have been doomed to suffer the stigma of' all the transactions ; but, tortured as I have been, it now becomes an imperative duty to explain to you, Gentlemen, and through you to the world at large, that the vile accusation heaped upon me, known to be utterly false by all those who are best acquainted with my private life and habits, have been so heaped upon .me fir the purpose of loading me with the whole of the obloquy of' those transactions, from which, and from which alone, my partners were preserved from bankruptcy. I have been accused of •crimes I never even contemplated, and of acts of profligacy I never caMmitted; and r appear at this bar with every prejudice against me, and almost prejudged. To suit the purposes of the persons to whom f allude, I have been represented as a man nf prodigal ektravagance—prodigal, indeed, I must have been, had I expended those large sums which will hereafter be proved to have gone exclusively to sup-. port the credit of a tottering firm, the miseries of which were greatly accelerated by the draughts of two of its members to the amount of near 100,0001. I maintained but two establishments, one at Brighton, where my mother .and my sister risided in the 'season—the expenses of which, to me, . exclusive of my wine, were within 4001. per annum. One at Lambeth, where my two - children lived, from its very nature private and inexpensive, to which I resorted for retirement, after many a day passed in devising means to avert the embarrassment's of the banking house. The dwelling-house in Berners-strect belonged solely to my mother, with the exception of a library and a single bed room. This was the extent of Fr y expenditure, so far as domes tic expenditure is concerned. 1 am next accused of being an habitual gambler —an accusation which, if true, might easily account for the diffusion of the prOperty. I ant indeed a mem ber of two clubs, the Albion and the Stratford, but never in my life did I play in either, at.cards or dice, or any game Of chance; - this is well known to the gentlemen of these clubs ; and my private friends with whom .1 more intimately associated, can equally assert my freedom from .all habit or disposition to play. It has been As cruelly asserted, I fraudulentl.,• invested money in the funds to 'answer the payment a f annuities, amounting to 2,2001, settled upon femetee. I never did make any such invest ment ; neither at home nor abroad, in any funds whatever, have 1 any investments nor is there one shilling secretly deposited by me in the hundi'of any human being. Equally ungenerous and equally untrue it is, to charge me with having lent to loose and disorderly pereens large nuns, which never have, and never .will be repaid. I' lent no sums Wit to a very trifling amount,: and those were advanced to valued friends. 'I 'can, therefore, at this solemn moment, declare most fervently that I never had any advantage beyond that in which all my partners partici pated in any of the transactions .which are now questioned.— They, indeed, have considered themselves as partners only in the profits, and lam to be bufdened with the whole of the opprobrium, that others may consider them as the victims of my • extravagance. I make this statement, not with a view to crimi nate others, or to exculpate myself; but, borne down as' lainby calamity, I will nut cons e nt to b e h e ld out to the world as a cold-blooded and abandoned profligate, ruining all around me for the selfish gratification of vice And sensuality, anti involving even my confiding partners in:the general destruction. Gentle men, !have frailties and errors enough to account f o r. I have sure ferings enough past, present, and in prospect. and if my life was' all that was required !dine, I might endure in silence, though will not endure the odium on my memory, of buying sinned to. pathper delinquencies to which I never was addicted. Thus much has been extorted from me by the fabrications which have been cruelly spread amongst the public—that very public from, whom the arbiters of niv fate were to be selected. Perhaps, however, I ought to thank the enemy who besieged the prison with his slanders, that he did so while my life was spared to refute them, and' that lie waited not. until the grave to which he would hurry me, had 'closed at once on my answer and my forgiveness. There is one subject more connected with these , charges to which I am compelled to advert, and I do so With I great reluctance ; it hes been added to the other charges made against me, lest the. world should think there was any vice in Which. I was not an .adept. I have been accused of acting treacherously towards the female who now bears my name, having refused to make reparation until threatened by her bro ther, and of having deserted her at ;emollient-when she had the greatest claim on rely air° tection. Delicacy forbids me entering into an explanation on this subject further thane to 'declare, that the conduct I adopted" .on that occasion was unin fluenced by time interference of any individual, and arose, as I then considered r emit do. still consider, Irvin a laudable and ho.; ueurable feeling on m y jrart ; arid the lady's brother,. so ref from coining furs . artsatthe time alluded to, was on service in the West Indies. „Could all the circumstances be exposed, I feed convinced that, every liberal-minded man would applaud my determination e. andel, feel. satisfaction in stating, that the lady in queationbasalwaVeheen, cod still ie actuated by the best of feelings towards use, 'I have now only to apologize to 'the Court - for 'having entered so much at length into the state ment of my •unfortunate case, and in ceecltieion' I have to ex press my perfect confidence, that it tvill receive every favourable consideration at your hands; and I fully rely that, you, Gen tlemen of, the "Jury, will give .an !impartial and merciful decision." The prisoner having concluded his tiddress,Sat'ihrwn, evidently exhausted by the effort and overcome by his feelings. A glass, of water MIS brought him, of which. he took a little; and while the witnesses. to his character were exaiiiining,lieleant his head' on his hand, in which he still held his hanilkeichief in a man. -ner to cover his face, As if 'unwilling to be seen-by his former friends. At times, while they. were.ijiVing heir evidence, he, appeared to weep. The following witnesses were ctilkd to the .prisoner's charac ter 2 and examined by Mr. Gil ItNE Mr. John Wilson . knew Mr. Fauntleroy 'about 'lll years, during the whole of Which time he maintained an unspotted character ; and h e a l wa y s con sid er ed him-a man of the strictest integrity. Sir Charles Forbes liad . known Mr. Famitlerny"l2 years, and always cqnsidcred him an honourable, benevolent, and obliging gentleman, and an able, attentive, and upright man of business. Mr. Wray-.I have known the prisoner 0-years. I always considered lamas deserving of the highest esteem and respect. I cannot find terms sufficiently strong to express the satisfac tion I have always felt in being upon terms of intimacy with him. Mr. James Burton.—l haie known Mr. Fauntlemy for 27 years. I have always considered - him as ajust, honourable, fair, kind-hearted man. Mr. D. liobeitso n had known him 11 years,. dining Width tinNe ir b . e ;w ma a i a n o tal w neadswith cha racter 11.. a l s r l . " k rt ' a could l l d er o p y o ss eleven a :c l q ) -g a l i t n a t a cquainted years; his 'character ways most excellent. Mr. Lindsey.knew Mr. Faxntleroy 'ten or eleven years; he did not know a roan who appeared to possess more kind or ho nourable feelings. Mr. Antbun iirtrwne was acquainted with him sixteen or seventeen years, and always entertained the, ...pest opinion of his talents as .a man of busmess,..and the greatest confidence in his integrity as a man of honour. Mr. Wyatt had known Mr. Fatmtleroy twelve • years; he was a most honourable, kind-hcaiteil, atiit benevolent man. ir.'lll on triou knew Mr. Faun tit roy twelve years: he was most benevolent man, and had the highest character for inte grity. Mr. Montague was acquainted with Mr. Fauntleroy upwards of twelve years, and never knew. a more kind-hearted and hu mane man. His character was most excellent. Mr. Vernor was acquainted with him le, years: he always had the character, and appeared to be a very kind, and a very honourable man. _ _ Mr. Ross knewllr. Fnurftlerayl4 years : he had the charac ter of being strily honouralde and upright. Mr. Church knew ...Mr. Fauntleroy 'l2 years, and had much dealing with him : he .was always strictly honourable and up right in all his transactions with witness, and had universally the character of. the strictest integrity and honour. Mr. Yatman was acquainted With Itint'l2 years : he always possessed a character of the highest excellence. Mr. lioshnel was acquainted with Mr. Fauntlero yl.l years, and alw.tys considered him a perfectly honest and honourable man. At ten minutes after two o'clock Mr. Justice PARK com menced his charge to the .istry. The prisoner, he said, was indicted for forging a power of attorney, to procure the transfer of stock belonging to Miss Frances Voting; and for , uttering such power of attorney, knowing it to be forged. There were other counts in the indictment, charging the prisoner with an intent to defraud the Bank of England, Frances 'Young, and also a person of the name of Willianalower, • to whom the transfer was made. The counts relating to the forgery they might put out of their consideration, as there was no evidence of its having been, committed in London; and they, sitting as a London Jury, on the London jurisdiction, could not try a prisoner for any entree not committed' in the city ; but if they should think that the count which charged the prisoner evith uttering the forged power of atteeney at the Bank of England, which was, in the city of London, knowing it Ito be forged, was substantiated by eyitience, the finding hien , guilty on that count would be r the same in its legal effect as if he were found guilty on all the counts in the indict ment. • The mistime . , in his 'address -to .the -had men tioned a subject which at all times gave him (31r. Justice Park) great concern, and on which he would, at whatever peril, express hiseepinion as often as it occurred. It was trule , painful to those who were engaged in the administration of the justice- of the country, to be always hewing the parties accused reminding the juries which had to try them of the obloquy they had suffered' in consequence of the misrepresentations of the public prints. If such misrepresentations had been propagated :to the disadvantage of the prisoner before his trial, it was a most cruel thing % It was calculated to produce a strong im pression in the minds of' the jury, to the prejudice of the person on whom they were to pass judgment ;.and it was therefore right,in the prisoner to request then', us the counsel for the prosecution had done before him, to pay no attention to what they might haverecently heard or read to his disadvantage, but to reserve their opinions till they had heard all the evidence whiCh couldbe adduced both for and against the accusation, and to form their decision upon that evidence,* inlet upon that evidence alone. He hoped, and was confident, the Jury would pay no attention to any thing they had ever heard respecting the pri soner's conduct before they took the book into their hands, by which they bOund themselves, before God, to deliver a true verdict, according to the evidence. No man could be tit for the administration of justice who allowed himself to be in. fluenced by any reports he might have heard before a prisoner's trial. He would repeat to them what he 'had already said to another Jury sitting in their place during the present Session, that if a man were as wicked as he meld be in all respects, it was a circumstance they ought not to regret ; if the charges were not brought home to him, it would be their duly to acquit him, though. he were stained with every oth e r cr im e Which could disgrace humanity; thr the law of England did not allow any man to 'be heard who merely came for. ward to the bad character of another, but said that every culprit must stand or fall by the proof the facts which were charged against him, and not by any reports which were cir culated to his prejudice. As the .Jury had now been Warned upon this point both by himself, by the Attorney-Ge. neral, and the prisoner, he would pass from that topic, merely observing 'that he had allowed the prisoner to go into the de tails Which he had offered to their consideration, because so many grievous charges:had been'bmught against him. He thought, that as the pnsoner had been cruelly abused, he had a right to make the statement he had 'done in contradiction of those,chargee —but he must now proceed to tell them, that the statement did not go at all to the point into which they were assembled to in quire. The only point which they had to decide was, " Ay or no ; did the prisoner know this power of attorney to be forged, and utter itsvith intent to defraud the Bank of Enland, Frances Voting, or William Flower, all or any of them ?"---tier if he de frauded any of them, in point of law it was immaterial which. In deciding upon the charge of uttering a power of attorney, knowing it to be forged, there were three points for their consi. deration. The first was this—were they satisfied that the inetru mem wilt forged or not? it were not forged, the charge fell to the emend at once. It' it were forged, then flame .the second point—did he utter it, ay or no ? Then, if it were forged, and he uttered it, came the third and most important question—did he know it to be a forgery ? If they were satisfied that these three points—the forging, the uttering, and the guilty knowledge .were all substantiated • by the evidence, then there could be make,v r d i t no doubt of the g u ilt o f th e prisoner, anti they must return a l a r wouldist him. eall tihneitrhae ttieelwi attention etrovtaitiieonesv,ktivelltiicceh asb e had o to on each of these three points. On the first point—was the in strument forged ? By the law of England, a person whose name was forged to an instrument, in which they had an in. terest, could not be a witness to prove the forgery. It was a strange rule of law, but the Court was bound by it. Miss Young, whose name was forged to the power of attorney in. question, under which her stock had been transferred, could. not therefore be called to prove the forgery. But the Bank of England, to qualify her for being a witness, had replaced her tlley had acted with gr ea t pro. priety. a release from all c l a i ms • stock their lah e p y e xhaer alsoe, in whichen her which they might have on that account upon her; and she had,. in return, given them a releitse fromedl claims which she might , have on them for the dividends which had accrued .-upon her ! stock since the commission of this alleged forgery. she had thus ceased to have any interest in the question whether the instrument was a forgery, or not, and had consequently be come a competent witness. She had proved that the name , e Frances Young," signed to the power of attorney produced, was not in her hand-w r iti ng , an d t h at she had never authorized any person to write it. then came James Tyson T a hi ntt ‘ Jln in W i rt i o f t:,c s l t e ri r ) k n s g i p n o t i l i t l e t." ba h n u k t ; and w i l,s n trgoin i nt v ii atd to n suitf theitel i p ptnir i s) . o i at s vrt o ue n di fi i ee • tnyl w ita s ita, s :tth a de i partner, witnesseser t riva n nr er i e , s seoe l l % fnv j o ri‘t s esi e ni o n sxt l e im ici rnuo e t s ui tonhwngeeibrityneh their • ng, lives, till they saw her at the police-office, after the . prisoner's apprehension. This wa s as strong ev i dence that the instrument was a forgery as could be produced, and was pregnant with proof to satisfy every reasonable .mtrid. The next point for their consideration was—did the prisoner utter the forged in strument ? It was stated in evidence, that, by the practice of the. Bank, the names and description of persons. to whom powers of attorney for the transfer of stock are given roust be stated to the Bank, and that. the person SO appointed must 1.;.o to the - Bank and demand to act under the power he has received. Now, if they believed the evidence of Browning, a most mate rial point was established against the prisoner; for that witness W0re...." My name is subscribed as a witness to this demand, having been made by 31r. Fauntleroy In person, and 1 saw hint execute the instrument." In consequence of that de mend, the transfer of the stock had been made by the Bank upon time power of attorney presented by the prisoner, the Bank sumiosing it to be a genuine instrument. If he had himself any doubt upon this part tof the case, he should be ' glad to suggest them ; but he really thought that the evidence proved beyond all possibillity of doubt, that the prisoner had uttered the instrument, and uttered it in the city of London. The third point was—did the prisoner at the time of uttering know that the instrument was a forgery ? On this an observe don arose on the face of the paper itself. First of all, it was not signed by Miss F. Young. In the next place, Tyson and Watson, whose names were subscribed to as witnesses, swore that their names were not in their hand-writing. Was he ac quainted with that circumstance or not? Why, the instrument was filled up in his own hand, with the wools—" Clerks to Marsh and Co., hankers, Bernereetreet." As he was acquaint ed with their haral-writing, he must have known that their attestation was a forgery. She could not have conic to the bank ing -house whilst he was aliment from it, and have signed her name in the presence of theewtwo young menu .for they swore that they had never eeen her till they had met. her at Marlbo. much-street. The prisoner, however, had carried it to the clerk of the Bank, and had acted upon it. The' witness Tyson had gone into an account of the manner in which the dividends upon stock were brought home from the Bank of England, and how the entries in the books of the firm.had been made to meet those dividends, and to prevent detection. It had also been proved; that although the transfer of this stock took place in - 1015, the prisoner, for :the,purpose of concealing that fact, continued to .give Mies Young credit for its amount in lists of stock on which dividends were to he received by the Bank in which he was a Partner, and which lists lie made out down to a short time before his apprehension. It had also. been proved that there we an entry made in the books of the bank in which the prisoner was aniartner, anden his hand-writing, dated Ist June, 1815, in whi c h h e took cre di t f or 2,953/., paid by him that day into th e i r h an k ; and it was proved by the stock broker who lied sold Mis s Y oung ' s stoc k for the prisoner under the forged power of attorney, that the sa l e wa s made on the .Ist or June, It " , and that the produce which lie paid over to • the, prisoner on .that d ay was 2,153/., the•very sum for which the prisoner had tat: m credit in his own books. Mr. Gurney, the Prisoner's Coun se l, h ad asked •on this evidence , whetherehe money went to the eredit of the prisoner's private account , or was c a r ried to the general account of the firm ? But that was , a matter totally irrelevant, and nothing that the prisoner had said on that paint could at all form a subject for their consideration. —Their only inquiry was, whether the prisoner had used the means imputed to in for obtaining the money—not how he had employed it. An - far as'regardcd the present charge, it wiS no matter h ow l ie had e .1f every sixpence of it had been applied to propxp e nded it. the falling credit of die house, it was nothing to them.,. neither did it bear at all upon the issue they had to decide, whether it had been consumed in .habits of profligacy or not. He trusted, for the sake of the pri- I•aoner, that it had not been KO consumed, but whether it had or htsd Ilona...lid not increase or diminish the crime for which he was called to answer at their bar. It was natural for the prisoner to suggest to his Counsel the question which had: upon .ite but it was his duty as a Judge to tell them, that if led to these observations and for the prisoner himself to remark they any such considerations, they would entering werertignPloend b a pr y ovince which did not °fright belong to them. Hitherto he had been examining the probability of the prisoner's having Power of attor ney with a guilty knowl e d ge ,• as that probability watt to be inferred from thelacts ofthe case g but after the next piece o f ev id e n c e he was to mention, what' uttered tlie man could lay his hand on his heart and Ray he was not con vinced that the prisoner knew the power of attorney was forged at the time he uttered it? He onlyartid this because the Owner luttl . odd :it of himself in the document which bad been found among his private papers. That docu ment was the most extraordinary document that had ever been produced, during all the long annals of crime, in a Court of Justice. It was perfectly unparalleled ; he had never in the whale course of his life either heard:oood of so singular a paper. ! The existence of it in. so ttagnaatd a place was al most beyond comprehension ; and yetthe discovery and exist ence.of it had been proved by evidente the most irreproachable. .The learned Judge here retapitulatedth4tatement of Plank the officer and Mr. Freshfield, as to the manner. in which they found the papers in the prisoner's box; and firstread the paper called the sold note of-Miss Youngs stock, which, it has been proved, if regularly sold, would have been filled and copied into the bank books, neither of which had been done. Ills Lord ship then read the document in which the prisoner had stated his having sold the stock mentioned in it under powers of at torney, which he forged ; and then said, is it possible for any man to say, after - this evidence, that there can be a doubt on the third point, that at the time the prisoner uttered the porter of attorney, he knew it to be forged. Why, he had solemnly de clared the fact under his own hand eight years ago. It wassaid_ that it was done to save the failing fortunes of alehouse ; but in reply to such an assertion, he was hound to say that no induce ment on earth could have led any man of honourable mind to commit such wanton robbery—such gross peculation—such cruel frauds on women and children, as the prisoner confessed himself to have committed in this most singular paper. The frauds were of such an extent as even to be cruel on the men of substance on which a part of them were committed; some of the powers forged were fbr sums so large, that almost any man must be injured by the loss of them. He thought that after what had been that day proved in Court, there could be no doubt that this forgery was committed with an intent to defraud.— The intent was recorded under his hand for.the prisoner had written in the document to which he (Mr. Justice Park) had before alluded, " The Bank - shall smart for it." He might, indeed, wish to support the credit of his partners, but he (Mr. Justice Park) must again repeat, that such a motive was most unjustifiable in law, in morals, and in religion. In an honest or Christian mind no inducement could come in competition with the misery such conduct must produce. There w as one point in the prisoner's favour which he was glad of, and it might, perhaps, be some consolation to the prisoner's mind—a great number of respectable gentlemen, 10, he believed—with,' some of whom be was himself acquainted, had given him the highest character for integrity and 'honour, as far as they had known him. It was the misfortune of those cases, that it was persons of high character who had the opportunity of commit- thug such frauds : no others could do it. The jury had heard other indictments against the prisoner read, but they must put them out of consideration, as they were only to attend to the case on which they had heard evidence. If they were satisfied by the evidence they had heard, that the.crime imputed to the prisoner had been proved, it would be their duty to find him guilty, even though he had the character of an angel ; just as it would be their duty to acquit him, if the crime were not prov- ' ed; even though he was a man of the mast profligate habits.— Character was only of -use in doubtful cases. If in this case they entertained any doubt as to the prisoner's guilt, they would fling the weight of his character into the scale, and would acquit him ; if, however, they entertained no.doubt, then, how ever they might lament,--and every man of feeling must la ment—to see a man of the prisoner's rank in life in the pri soner's situation, they must discharge their duty with firmness and consistency, and must return a verdict of guilty against him, if they had any regard for the due administration of im partial justice. The Jury then retired to deliberate on their•verdict. During iteir absence, which lasted for twenty minutes, Mr. Fauntleroy resumed his seat, and appeared , extremely affected. A sudden rush of.the crowd at the door of the Court announced the return of the inv. The prisoner stood up to hear his awful sentence. Whilst the Clerk of the Arraigns called over the names of the Jury, and repeated the formal words of the law—" How say you ; are you agreed upon your verdict, is the prisoner at the bar guilty, or not guilty ?" the most intense interest was mani festedAwht toitis remained moment. for a everymeyoe moment s t quite by every p erson present. The foreman replied, " Guilty of uttering the f o r ge d i nstrument, knowing it t.l be forged."— ax it e e d m o o n ti t o l n ie le u ss n , b ap aP gre p n r t is ly on u e n r - 1 conscious of every -thing around hint ; and then sunk down into!his chair. w e(t o a was theco d " pr u i t r ea let i y n o a f proceed_ lowtone)sruoseectiittiroenfer : it. A short conference then took place bet ween the B ench and o th f e voi counsel t fo w r e ti p le re l m ing with the.other indictments. Upon itsconc Mr. Justice Plum addressed the prisoner, rather abruptly, " Henry .Fauntleroy." The prisoner, who, for some minutes, 'hail been quite absorbed in his meditations, started at the hound, and dial lookittgi wildlq.at-the Bench, rose, as-if in expectation that sentence was to be -pronounced upon him. The Learned Judge proceeded—" Henry Fauntleroy, the Learned Attorney. General does not feel it necessary, in the discharge of his public duty, to proceed further with the indictments which have been preferred against. you. It is no part of my painful duty to pro nounce the awffibsentence of the law, which must follow the ver dict whiCh'has iust . been recorded. That unpleasant task will devdive on thetearned Recorder at the termination of the Sell aims. I should, however, desert my duty as a Christain Magis trate,: if 'I did not implore you with all kindness, to bethink your self seriously of your latter end.-=-(A convulsive soh from the wretched prisoner was-distinctly audible through the Court at .this period of the Learned Judges address.)—According to the constitution-of this country, the prerogative of mercy is vested in the Crown ; With that I 'have nothing to dn. Ido not say that in . your unhappy case the extension of mercy is impossible ; but am afraid that, after the many serious acts which, under your own handwriting, have leen proved against you, involv ingso many persons in -ruin, you would only deceive yourself byindillging'in any 'hope of mercy on this side of the grave.— Do not, therefore, flatter yourself.witl expectations, which may, I had almiist said must, be disappointed; but in the short time which in all probability is allotted to you here upon earth, turn your heart to the contemplation of your awful situation. Take the best steps in your power-to-make your peace with God, and use all your exertions-to become acquainted with him, and his all-eradious mercy." The unfortunate gentleman -was quite overpowered at the conclusion of this address. He appeared scarcely able to sup port himself; and on his removal. from the bar we think that he must have fallen to the ground, had he not been supported by Mr. Wontner and one.of his friends, who re-conducted him to his prison. Funs itr:tt PARTICIPLARS.—When this unfortunate Indi vidual left the Court on Saturday, he exclaimed, " Thank God, this trial is over." He was greatly exhausted, and some time elapsed before his spirits were sufficiently restored to enable him to take refreshment. lie was visited by his Attorney, rnd several friends, to whom he said he was satisfied with the trial, and the Jury .could not, in his opinion, have re. turned any other verdict. One of the Jurors wept very much, and several of them were deeply affected. Mr. Fauntleroy slept better on Saturday night than he had done on any slight during the preceding week; and yesterday morning he attended divine-service at the chapel in Newgate. The Rev. Mr. Cotton preached a very approp riate discou rse . li e too k for his text the following words..--. 1 Believe in the Lord Jesus Christ, and thou shalt be saved." Mr. Fauntleroy conduct. ed himself in the most decorous manner, and appeared to have no hope except beyond the grave. lie was occasionally affected, particularly after the worthy Divine had repeated Christ's promises of pardon to repentant sinners, and when he called upon each of his hearers, who were un der conviction, in the following words r--" Set thy house in order, for to-morrow thou shalt surely die." During the prayers, Mr. Fauntleroy joined in the responses with unu sual fervour. After service, on retiring to his room, he became exceedingly dejected, and spent the remainder of the day in writing to one of his partners, and in reading. SOUTHAMPTON, OCT. 31.—Thia morning early was buried in All Saints Church, in this town, Mrs. Woon, wife of Major Worm, late of the Queens. The funeral was attended :by Major Woon and his son, and four private friends. We ore informed that new works have nricen on the rules of those parts of the fortifications surrounding Vi enna, which were destroyed in 1809 by the French. The new works comprehend, in their vast extent, large squares, and a public garden appropriated to the recreation of the inhabitants of this capital. According to the Intentions of the Emperor, two great monuments adorn the theatre of preceding devasta tion ; one as a memorial et' the triumphant struggle with un. parallelled difficulties, the other consecrated to the Arts. A Portal, the architecture of which is in the purest style, closes the square before the Imperial Palace. A Temple, built on the model of the Temple of Theseus at Athens, contains Canova's greatest work.—The whole has been executed by the soldiers; and thus, the same hands which, during a period of more than 20 years' war, combatted the enemy at , thetountry, have contri buted, after the re-establishment of tranquillity, to the noblest works of peace.—The public Garden has been finished above a year, and the Palace gate, with the adjoining works, have been completed for some weeks past. His Imperial Majesty, how ever, wished particularly to indicate the historical design of this gate, by the time when it should be opened, and has, therefore, ordered that this shall take place on the 1 lth anniversary of the Battle of Leipsig, which was so important to all Europe, and especially to Uermanye • FRENCII PAPERS. (Front the Moult cur of Friday, Oct. 29.1 The Official Part contains-1. A !loyal Ordi nance to the effect that " the Budget for the year 1823, comprehending the sum of six millions as applicable to the service of that year, is to be taken from the profits realized by the Caisse des despots et consignations up to 31st December; and as this sum must appear in the final settle• ment of accounts for that year, the sa id sum is accordingly to be paid by the Director of the said Caisse into the Royal Treasury. 2. An Ordinance for the °lionization of the three regiments of the engineers. . ~ • ‘ The complete establishment of. a regiment in time of peace to be :—Oflicers,. 121 ; non-com missioned officers, corporals, workmen, and . pri vates, 2483 ; total l 2, 604. In time of war—Officers l ; 121 non-commis • sioned officers, &c. 3,635 ) • total , 3 756. 7 3. Nominations to five Bishopricks. Nine columns of the non-official part of Ole illoniteur are occupied %v it h the funeral oration of Louis XVIII. delivered by the Bishop of lier . inopolis, in the church of St. Deois, Oct. T. 5, 1824. [Frans the Etoile, dated Saturday, Orl. '34 as Pinaanissta, state of the most Ilcomthpe:enteeiVasaita'rlachcyh. we rveocieit vsentd'rommatslie. East, describes the countries under the rule of the 31ussulnaa,;1, sacre are the order of the day. Tripoli is in on has chased away ha Governor, Hassan Bey. The first act of the rebels was to relieve the persons confined for debt. The,' it is said poisoned their Mutsellim. Since the events at Tripoli, that the tribes lately pacified have again revolted; it is certain Not that no caravan dare proceed from Aleppo to Lattaquio. a night passes that the inhabitants have not some combats with • the Arnaouts of the Castle. Antioch has chased away its 6 °' vernor, and has only consented to receive another who has no troops and no real power. The other towns of the,Pachalli c . assistance a ' Marack. will no doubt follow the same example. The scherifts and tt . , rebellion, anti Janissaries have quarrelled in the Pachalic of Antab an theiri tabs, blished himself the Sovereign of a numerous tribe of A 'the n h A e Arab Chief has " ta and of adventurers from all countries whom be receives._ ariti:!. and governs by a code of laws for the division of the receive s._ He is named Fahal, and he is established in the Zoliour, on die banks of the Euphrates. The Paella has fallen into the pow, p d a ia r t 4 el a y n se d n p t er to hn s e to s of these barbarians, after a sanguinary combat. This event is of the greatest importance, anti will no doubt attract all ti n i i e_t ... tention of the Ottoman Porte. A military force must be i 1 " p th a e of the Grand Seignior. A bilious epedemic fever has prevaileat for the last three months in the two principalities. It i 8 no t fatal, but hardly any person escapes it. There are 9 % Boh n at Jassy. The Emir Bechir of the Pachalic a Saint . 3 _, , d'Accra, who was to send men to the assistance of the NO:: Sgypt, has sent one of his sons with rich presents, and sntani_ mave whole in o e f n I t i t p h p a e t r niay Syria, a ftrhoermwtilaiee adeoPtantianiona. cuse, not being able to contribute as he wished that ass n 0... 7 in carrying on the operations recommended by Ilia High f,_ . , The Chief of the Janissaries of Aleppo. the friend of th tol 7d peans, the hope of all the honest men of the city--. 5, 1 0 . 30 Aga Ben el Rattan, is no more. ,Playing at the DjerJa h , a e , i t , I p n l i e l t i e t d ar . y which had broken away, ran against his horse, evert -r _ f et s and inflicted a blow on the rider, which, at the end of it_ of hours, carried him off. There is a report that the Picll7 o , Accra has rebelled ; if this be true, the ruin of Sy i° ' s C '' ,evoe whichtn mon t h events all lasted c se titedo a n . salel T n ; The Austrian Observer expresses itself as follows, co g operations in the East :—" We have receives:tonn :co which completes or corrects what we !was before state" 8 f t he eyes of the Europeans, deserves the c Capitan Paella, from the early part of September, the f this andd: dhnedeiflis:threettieelked_gliranti,nleibichetdtivieewrwietiltviictihati::::l3:: having taken place in Boudrouni. On the 6th and 9t o 31 important result. But on the 1f i s- w ntest etw lel A 1, a severe CO .. the The Greeks appear to have had an name intention ofd ant. destroyins ns or. their enemies in the bay, where teyivere lying at e — o il arr weigh, and awaiting the Greeks off Ca" - Dominion!. IT Pe A 0 close wno fleet was ranged in t l' two Ines, and he attempted t of the Greek Greek squadron, which sent off a great n umber to the ships without e ff ect. Two of these, however, set tub to qua- Egyptian frigate, the Afritan, and to a brig of the sant a T. a nd dron. The Greeks, however, lost from 15 to 2 0 Y„e 4st i ) l;, for the number of their killed must have been eon claimed the they buried 200 at the island of Tino. Each WY me_ent victory probably. We are not acquainted with the ! _t ..fr ill ee s of the Insurgents, but there is no doubt that the tiv%V t ' i c.. gained by the Capitan Paella were compensated hailer the " couriers our don of the two Egyptian vessels. Twe days age ~, e nesl;" arrived from the Capitan Paella, announcing that ow 1 boarhootl_ ments took place on the 16th and 17th, in the ne10,•,, 0 and of Stanchio. The Greeks are said to have lost 2 3 2c:011 —The Capitan Pac dhdEaawgyyaill: five fire vessels. It is expected that the Captain Pee" ° ' ill dar will himself woo b • f this news. n ring a confirmation o front atchea f, then we must suspend our opinion, as the ail' f it , lite Smyrna, which are of the 19th, do not say a worn 00 , that Porte, however, attaches so much importa nce to this n J o it has circulated h a vi ng i n *" e a report of the Captain Paella .._ _ ose , di second attempt on Samos. It is clear that, in ettile.r n ‘ . peel a b na y g:1: ni;:a...:),..1 !ignition fleet cannot undertake any separate ePer e r o it he s its long voyage and long delay on the coast Of 4 Si i. : l ol On lost an immense quantity of men, and almost all the . H of wh i c h board have perished. The Medina frigate, on boa r° c o lonne Lord Strangford was to embark, ran ash ore at We t , thot she in the beginning of October, and has suffere d se nttlfzitrogforcl cannot be fit for sea for some time. Wha t Lord ' will do is not known." severober, A letter from Constantinople, dated the 25th of . era mt, Gol .... . Ambassador of France, met with from the Gratin °'-' rder to pe: gives an account' of the reception which Count , ~_i af or The Ambassador, who sought the interview in 0 co o vow sent his credential s, was ushered into the great fir,, attends all the formalities of Eastern etiquette. Ile and i _ , „ o pal'', had been previously regaled with a collation, 11 , 0 , 1 .'2;0 4 as", habited for no great an honour. The crossing 01 , tr i' m aild et bowing being gone through, the Grand Visier, DY,cu i d c ess i."" his Hi_ghness, thns replied to the Ambassador I a ddress toot (.• His Highness the most high, most august, and trl°3 p itte° ll. Lord, Emperor and asylum of the world, our rnasteris o hlitn e which exist between the two Governments, sideration of the sincere friendship of France for the relay Porte, has, in the spirit of the pure and smieeb o opreal imperial order, that protection and defence be eltenu'ocilter issued h is dud to al the French who may be sojourning in his d o minittn it ; lo , w°' engaged in his employments, travellers , or nsee° formably to the Imperial capitulations. These honours are the same that have been pa id to the Wlaa Vizier. (Franc the Courier Francais.) ,24 TAl b. PARIS, OCT. 29.—The Captain. ' General of H ari' M t ll- , Ors fished a decree of blood, and extends its applicatio u o p , committed more than a y ear ago' :___.,, Al; thaw' ' - I ' ,el o. "' l ". who , rinse the Ist of October, lil.):;, have been der ,3l-- ow riv DI word, or by any deeds whatever, the Partisans 1 , it ioate disant constitution of Cadiz, and the ' enemies of 'the eh, ow _ t use who shall write rights of the throne, shall be regarded as guilfi of) ig - rttr 4 ' son, and subjected to the pais ac n t i i i on of punishment is re-established by a sto le l %ittlo ver ,,; the punishment of death inflicted for any dee ° . din' 1111 us I h tfic P en ' All the same end, shall be included • ell ' article' a o ne in the pre laf, t y tO i punished in the same manner. This thought belon •,„ or tleu of our Ministerial Journals._The Drapcau Bloc e':,, c ,tic the punishment of the hulks for authors ; in this decree' their penalty of death is inflicted. Our Ministers roust see that .ideas fructify in Spain. _Five Per er,elts4 FRENCH ' .._. i. CNM3.—PAnts, OCT. 29. 102. 45.—bank Stock, 1 97r N l't n Five Per .R7#• pamp'lle o t fs death. '1 88 - • . , J.--- eapo i a oil,. 1. —Spanish Five per Cents ,17 —Royl Spanish 1 , obs, three i n !:xchange on London, one month, 25. 10. ; 24. 85_ ( c .4 L ours pito/mt.... F un.) ____...... ten 111511: and ß Co .'s AK ~.---.;---_ STl%Calirst; AND G ItAllAbi.—At the meeting of Messrs d a y p l a ce on 011.„,,, their extio,":„,, morning, c it was announced tha t ;on was postponed for 49 days, by order of 30 0 ::: -ord Chancellor. The cause stated for the ; he y rtu creditors,PT o which took it t s o . ok l l l a tts ti , pearance of these gentlernen wits , that ' D v% were_ attending, under subpcann, uPtni. Fauntleroy's trial at the Old Bailey.