The Express.
London, England, 1864-12-08 00:00:00

THE CHARGE OP FRAUD AGAINST AN
uPPICER IN THE GUARDS.

Yesterday, Arthur BootleWilbraham, lately bold-
fag a ecomiarica is tbe Ccddetreem Guard., and residing at
46, Brookatmet, appeared at the Marlborougb.strett
court before Mr. Tyrwhitt, tom:ewer a summons charging him
with unlawfully, by means of ossiais false and fraudulent
protease, obtaining from Mr. Charles Frederick iliusocok,
'swells,. of Bond-street, a pearl Deckleme sad other jewellery,
value 1.1001„ with intent to defraud.
Mr. H. Giffard, instructed by Mr. Edmund F. Davis,
from the firm of Lawrence, Flews. and Beier. appeared for
the promotion, and Mr. Metcalfe, instructed by Mr.
Walters, of New-square, for the defence.

Mr. Tyrwhitt inquired if the complainant was present.
Mr. Gifford—l appear for Mr. Hancock. l'U tell the
roam at ones that this is my positioe. Lest night, in the
absence of Mr. Hancock, Mrs. Hancock being at home.
some person came to Mr. Hancock's howe sod paid
the whole of the bill. I understand since that the jewels
which were the subject of Mr. Emanuel's charge hove been
tendered to him. lam therefore instructed by my client
to withdraw the charge of fraud, and, if I on do so with
propriety, to withdraw from the promentioe.
Mr. Thrwhitt—Your experience in these things must be
greater than mine. Ido not quite see how I can say you
may withdraw in a case which has proceeded so far.
Mr. Metcelfe—No doubt the money has been paid. Be-
fore these proceedings were taken the jewels were tendered
to Mr. Hancock and to Mr. Emanuel.
Mr. Tyrwhitt—Near mind that.
Mr. Metcalfe—That, however, was the fact.
Mr,Tyrwhitt—The cue put before me is whether Mr.
Emanuel can be prevented from going to the cessions. I
do not ue ',hid I hero to do with that.

Mr. Metcalfe—Rad the opportunity offered. we should
have been prepared with undoubted evidence to show that
Mr. Wilbraham really intended to be married to a lady
thought to possess considerable property. I believe this
turns out to be incorrect, but certainly Mr. Wilbraham
believed at the time that the lady was in a positien to pay
for the jewels. Mr. Wilbraham was misled that way. No
doubt he did raise money on the jewels, bet he intended to
get the lady ultimately to pay for them. I hope, therefore.
you will allow the preeseetiou to be withdrawn. I would
beg to remind your worship that you expressed considerable
doubt about the matter at the last examination, and but
for the slight pressure exerted on the part of the prosecu-
tioe you would perhaps (not hays held the defendant to

Mr. Tyrwhitt—l certainly had a strong feeling on the
merits of the prosecution, and expressed myself openly on
it. Perhaps I ought to have been more cautious in saying
anything while proceedings were going on. I was afraid
the strong feelings I entertained might induce me to over-
look any nice point of law that might be urged, and it
wag because I had expressed an opinion that I was induced
to send the case for triaL But I bare no power over the
course of prosecution. The parties have entered into re.
cognisances, and they are responsible for what is done
farther.

iii.idiflard—Tbey will withdraw.
Mr. Metcalfe—We are in a position to prove that Mr.
Wilbraham was really about to be married, and that the
lady had considerable fßoPorty, at least so she represented
her circumstances to Mr. Wilbraham. The jewels were
deposited with Mr. Morris for a temporary purpose only,
the best proof of which is that he has wave said for them.
This is ►lso a strong proof that Mr. Wilbraham never in-
tended frual

Mr. Tyrwhitt—Certainly bills fora larger amount were
tams from time to time from the defendant
Mr. Mak*lfe—l tenet, tluwefore, you will allow the pro-
secution to be withdraws.

Mr. Tyrwhitt—l as do nothing, the quarter sessions will
be able to determine the matter.
Mr. Xetcalfe—You simply leave the matter where it is.
Yr. Tyrwhitt—Yes, that is the cam.
The wooed charge wee then withdrawn.