The Daily Times.
Liverpool, Merseyside, England, 1860-12-08 00:00:00

THE CHARGE OF FORGERY AGAINST
MR. POWELL, OF THE FIRM OF SCOTT,
POWELL, AND CO,, TIA MERCHANTS.

Richard W. Powell, Was brought tifi on fernand
yesterday, 0,06 POlice-corift, oil a cliarge of tforging a
guarantee and hills., of echange •o'n johli. Scott, spn:
Along with Mr..Raffies on the bench were tho, following
magistrates, , Messrs. Aiken, Rooth, .and., Mills. ..The
court was .crowded to excess; and. a number of, persons,
were.ohliged th remain outside who could not phtaiti
admittance. Mr. Robinson appearedifor the prosecution,
and Mr Deighton, instructed by Mr. Cobb,' appeared
for the prisoner. After a few preliminary observations,
Mr. Robinson' called the following witnesses to sustain
the case :
Mr."..Edward Absolom said, I am the senior partner
in the firm of Absolom, Crocker, and Co., and had large
transactions in teas with Scott, Powell, and Co. If we
were not satisfied we were to deliver the teas at dis-
cretion, We paid the duty, and they were to pay us at
the end of every month. They were indebted to us in
May, and we request(' a security, and they proposed to
give us Mt. Scott; sen.'s guarantee. Mr. Scott, jun.
saw my partner; and We had a correspondence on the
slibleet; and the Oarantee wits for Warded to its by post.
This (a doAttnent) igth6 first
.guarantee We had, dated
18th of May, 1860. There Wd.S d rirefioits one gent up,
lint we disapproved of it and We sent dOwn a forM; dnd
this twas sent up to Us. When we received that we
handed-over warrants to a cOnsiderable amount: We
qolivered teas to them on the faith. of tat guarantee.
I
I saw Mri S6ott, jun. n. in August last, in town.
On what subject did yoti see him?
Mr. Deighton—l object to this..
Mr. Robinson said an account was delivered by Mr.
.Scott, which, was in the prisoner's handwriting.
Witness—Mr. Scott brought a statement of affairs
in August. Delivered teas after the 31st of August, to
the amount of five or six hUndred pounds. Wrote to
Mr. Scott, sen., on the 24th Oct., with my own hand. •
Cross-examined by Mr. Deighton—Mr. Scott, jun.,
had transactions with us before Mr. Powell joined him.
I aril not prepared to say that we had dealings with Mr.
Scott; sen, Mr Powell joined hint about two years and
a-half ago, and the sales were negotiated by our agents
in Liferpool. attend to the doiffitty house. The
settler/tents of the .accounts Wete as mach with SOU as
Powell—one as well as the other. Before tedeiviiig the
letter of the 18th May, I had no' conversation *ith Mr.
Powell.. In that letter was the guarantee. I believe
Mr. Scott, jun., saw my partner before that. I believe
I" did not make application myself for the guarantee, but
it was made., I never saw Mr. Powell personally about
the guarantee. Had conversations with Scott and
Powell, personally, after the receipt of the letter.
What did you say to Mr. Powell about the guarantee?
Yes, I said we would hold the guarantee and require
our account to be paid. The guarantee was received by
the firrrt:
.To Mr. Robinson—Was there any former guarantee
given ?
Yes, but it was returned, I have no doubt; as stated.
William Rollinson, the youth who was an apprentice
with Messrs. Scott, Powell, & Co., and who was examined
on the former hearing, was produced and examined about
making'a copy of the guarantee; and his evidence was
the same as on the last day. He added, Mr. Powell was
there, and I think he might have heard what passed, but
I don't think he minded it. I put my name as a witness
to the document. The name "John Scott" was not on
the right hand side of the document then. (Proved Mr.
Powell's handwriting to a paper handed him.)
Cross-examined by Mr. Deigliton-Mr. Powell was
about seven feet from me at the time, writing. I did not
call his attention to it. I put it on Scott's desk, and he
took it. I don't. think John Scott's name was on it then.
rearet say if Powell had left the office before I finished
the document ind handed it to Scott. The document
was,dated.i/th May, 1860:
To Mr. Ratlies--.-Mr. Scott spoke in the ordinery way,
not privately. I aril riot Certain if Powell was there
when I went in first. I hesitated at flrst to sign my
name to it; when Mr. Scott said it was all right.
To Mr. Deighton—Mr. Powell attended to the money
matters, and Mr. Scott to the general business. I went
there in December, 1859, but old Mr. Scott was not in-
the firm that time.

Mr. Gdorge Absolom, son of the first witness, who
. was examined on Monday last, was produced, and gave
the same evidence as he did on that occasion, and which
we pnblislied,in full on Tuesday. In addition he said,
I asked to see old Mr. Scott sign the bills,-but Mr.
Scott, jun., said his father was in bad health, and a
little thing might upset him. The3e three bills were
given to me, but I can't say which of the firm gave
them to me, but both were present. Powell checked
the bills in a book with
.the, and said they were right.
The name Iplin SOU Was on the back of the bills when
given to me. Scott asked Powell, before he gave the
bills; if he had copied the bills, and he said yes.
Cross-examined by Mr. Deighton—When I went first
I asked for Mr. Scott, and waited till he came. ,Powell
was not there. I think I had a conversation with him-
before I saw Powell, who came in soon after. Had
never seen Powell before, but had seen Mr. Scott in.
Londcn. I came for. the purpose of getting a guaran-
tee from Mr, Scott, sen., but had no conversation with
Scott, jun., in London about that. lam not a partner
in the house in.London.•Did not say anything personally
to Mr. Powell, as the conversation was with Scott ; but
Powell was there at a desk; I can't say if he were
writing at the time. The result of the conversation
was that I got the bilis, There were other bills besides
these, and lam quite sure of these three. The bills are
in POweli's hand-writing. (Read over the bills.) The
drawers' names were not signed to the bills at the time.
" John Scott only was on the back of each, and nothing
else. I .do not know the handwriting of Mr. Scott,
sen. I do.not remember Scott, sen., having any trans-
actions with the firm. I knew he handwriting of
Scott, jun., at that time, for I saw it many times. I
should say the name John Scott, on the back of the bills,
is not in Scott, jun.'s handwriting:
Mr. Masa, an accountant, said—Within the last three
weeks I haye investigated the books of Scott, Powell,
and Co., and was assisted by Mr. Powell.
Mr. Deighton objected to this, and said the books
must bo "produced.
Mr. John Scott, seri., was next examined. Ile appeared
much affected, and begged the. Court to pardon him
under the present circumstances. He said—l am father
of Scott, the senior partner of Scott and Powell. I
resided in Llangollen in August.
Mr. Robinson—ls that your, signature on those three
bills ? •

• Mr. Scott—No, sir.
Mr. Robinson—Do you know whose handwriting
it is ?

Mr. Scott—tdo not ; 'nor do I know anything of it.
I first knew of the forgery last Monday week. On
Tuesday week I received a document from Messrs.
Absolom. I never received any other communication.
I gave a guarantee to the Union Bank about two months
ago, for the firm of Scott, Powell, and Co., and this is
it. They kept an account at that bank. 1- believe Mr.
Powell was at Southport, where I lived once. I have
seen him at my house in Chatham-etreet. My son lived
with me. I was at Southport in August. I never wrote to
Mr. Powell ; he saw me write, and Mr. Powell was
present when I signed the bank guarantee, an:l saw me
sign it
Cross-examined by Mr. Deighton—Except I wrote a
note or two in his presence at the office, the guarantee
is' the first time he saw me write. I never was a
partner in the firm, and I had nothing to do with my
son since Mr. Powell joined him. I believe Mr. Powell
brought £3,000 into the concern when they formed the
partnership. There was no arrangement that I was to
find £OO for my son. I know nothing of that. My
son has managed private business for' me, and signed
my name for building contracts and collected my rents,
because I was not in a good state of health.
By Mr. Raffies—Did he sign your name by procura-
tion- ?—I 'do' not know how he signed it, as I was not
here. I never gave him any authority to sign my
name except for the buildings. There was no agree-
ment in writing about signing my name.
To Mr. Robinson—l did not authorise my son to sign
the guarantee to Absoloin & Co., nor to sign or endorse
bills in my name.
Mr. Robinson then proposed to put in the guarantee
and the correspondence from the firm of Scott, Powell,
and Co. to Messrs. Absolotn, Crocker, and Townsend.
He read some letters accordingly. One, dated 20th
Nov., stated that Mr. Scott, senior, was at Llangollen,
and would not be able to come to town. (He was living
in town at the time.) Mr. Robinson then said, on this
state of facts I call on you to commit the prisoner for
trial.
Detective-officer Laycock was then examined, and gave
exactly the same evidence as he did on Monday.
To Mr.,Deighton —I arrested him at his own office in
Harrington-street. There was £270 in the safe. He
told me he lived at Roby, bat did not say where he was
going. The ltiggage was at Lime-street, where luggage
can be left. There were books, &c., in the office, as if
the ordinary business was going on.
Charles Wells, jeweller' said—About three weeks ago
the prisoner and Mr. Scott came to my shop.
Mr. Deighton objected to this, as the purchase of
jewellerrhad nothing to do with 'this charge.
Mr. Raffles thought the evid,ence admissable.
The witness went on to say that the parties called and
looked at three diamond rings, value £6O, and after
some conversation, Scott persuaded Powell to take the
rings away. Powell told mo he.did not intend to take
the rings, but that he gave them to Scott, who ran away
with them ? (Laughter.)
Mr. Raffles—Did you know them before ?
Witness—Yes, for twelve or fourteen years. I could
not get any satisfaction at Chatham-street about them.
Mr. Deighton then addressed the court on behalf of
the prisoner. His client had brought over £3,000 into
o
the firm two years ago, and had now lost everyvv
of it. He contended that the prisoner u not to
answer answer for the criminal act of his partner, who penny
ha
gone away. He argued that there was no evidence to
inculpate the prisoner in the forgery, nor that he ever
saw Mr. Scott, seri., write, so as to enable him to imi-
tate it. He argued that the whole affair was carried
on by Scott, to the prejudice of the prisoner ; and in
support of this he alluded to the transaction at the
jewellers,' when Scott had induced the prisoner to get
the rings, and then run off with them. He ventured to
say that if the case were sent before a jury, he would be
acquitted of the forgery.
Mr. Raffles--He must be committed for trial.
,Mr. Deihton—l apply to have him admitted to bail.
Mr. Raffles_l decline-to admit him to bail.
The prisoner was then committed for trial at the
assizes.
The court was then cleared of the crowd that had
occupied it for over three hours.

COUNTY MAGISTRATES YESTERDAY.-At this court
,
yesterday, before R. Theakstone, and T. D. Anderson,
Esqrs., a young lad named Michael Mahoney was
charged with attempting to rob a till at the Old Swan.
He was remanded till Wednesday next. Isabella
'Dickenson, a married woman, charged with stealing
21 lbs. of soap from the shop of James Bostock, grocer,
Garstou, was sent to gaol for three months.
ACCIDENTS REPORTED AT THE NORTHERN HOSPITAL.
—The following accidents were xeported on Thursday :
---Thomas Frazer, of the Donald McKay, who was
injured in the throat by a pipe with which he was
smoking.—John Williams, a coloured seaman, of the
American ship Canova, who was struck by the mate in
the eye with an instrument used on board a ship. The
mate has decamped. The poor sufferer has lost the
sight of one eye. The following were reported yester-
day—William Bloxton, 203, Upper Frederick-street,
was injured by falling into the hold of a ship lying In
Sandon Dock. He would not, however, remain in the
hospital.—Henry Webb, of the ship Isaac Webb,
lying
in the Waterloo Dock, severe contusions by falling into
the hold. He was very badly hurt, and his lif4 is, it is
feared, in danger.