The Express.
London, England, 1848-03-01 00:00:00

THE EXPRESS, WEDNESDAY EVENING, MARCH 1, 1848,

railway mania the prisoner entered largely into spe-
culation, and was also employed by a lir. James Kemp
Welch, • partner in the bank, to act as his broker. Many
accounts had taken place between them. Sometimes the
peisoner paid money on account of Mr. James Kemp
Welch, and sometimes Mr. Ju. Kemp Welsh paid the money
which might be due upon the balance of the account. It
appeared that, on the 25th August, 1847, a 31r. Palen had
paid in to the ardent of a Mr. Skipwiek to the Christchurch
Bank a sem of 1,4671. 15e. 9d. This had been paid to King,
the clerk, at the bank, who entered it in the books ; but, on
producing the books at the trial, it appeared that the sum
was only 4671. 15,. ' and, by the evidence of King, the
I had been converted into a 0, and that the manager
(the wiener) told him (King) that he had made
the alteration himself. The cash-book kept by the
manager ought to contain a similar entry to the one in
the log or rough book kept by theclerk, and lathe manager's
book there is an entry er the 25th August in the prisoner's
handwriting, of 4871. 15s. 9d., paid on Mr. Paine's account
by Mr. Skipwick, and this was the onlfentry. On the Ist
September the prisoner went away, and left with King, the
clerk in the bank, an lOU in blank. signed" Tye., Welch,
and C 0.," with iestructionsoontained is &sealed letter, which
I the clerk King was to open in case the head manager should
come to inspect the accounts during his absence ; in which
I case the clerk was to till up the I 0 U with the amount Cllll-
- in a list inclosed in the letter. The bead manager
did not come in hie absence, and consequently King had no
occasion to use the letter or the list, and they were returned
to the prisoner in the same state as received. On Sept. 9 the
prisoner senifor King to the bank, and told him he had got
into a great mess with shares, and was going to make use of
the I 0 U. He said Mr. Welch must recover upon the
I 0 U from the parties whose names he put upon a piece
of paper (Wm. Cuss and Mr. North), and that the prisoner
must make up the deficiency; he said that King should pre-
sent the 1 0 U on the following day, at the bask of Tye',
Welch, and Co., after the usual exchange. He produced an
I 0 U and a list, the same that he had previously given to
King, and which he had returned. The I 0 U was the
filled up in King's presents by the prisoner; a few altera-
tions were made in the lid. He said he had written a letter
of resignation to the head office, which he rsquested King
would post on Saturday. It was then Thursday. He gave
it to ling, mated. Ile told him to enter the names and
monies contained in the list in the bank books after he had
presented the I 0 U. The amounts were to b
moune en-
tered to the ceedit of the parties. The total a
2d.t
the I 0 U was filled up for was 8,4771. 41.
The usual exchange was on the following morning.
King went to the bank on Friday morning, and the usual
exchange was made. Prisoner left about ten the evening
before. He went in the afternoon afterwards and presented
the I 0 U, and left it with Mr. O. Welch, a clerk in the
hank, who said he knew nothing about it, and asked him to
leave it. King entered the names and sums in the log or
rough book in the morning, having leisure time in the mores-
g. The entries would appear as transactions of that day.
On the Friday night he posted the letter of resignation.
There was at that time a local director at Christchurch who
occasionally inspected the accounts. King made no com-
munication to him at this time. lie wrote to the general
manager on Friday night when he sent the letter of risisna-
don. It appeared that the prisoner had had many transac-
tions in railway speculations with Mr. James Kemp Welch,
a partner in the firm of Tyce, Welch, and Co., or Christ-
church, who acted es broker for the prisoner; and on uric
occasion he gave the prisoner thel 0 Uinquestion in blank to
fill up with rheamount that might be due on a certain account
day, and which was not then ascertained, in case the balance
should be against Mr. James Kemp Welch. The following
is the evidence of Mr. Welch:
I am a surgeon, and partner in the bank at Christchurch.
The letters 1 0 U, and signature "Tye*, Welch, and C 0.,"
are in my handwriting ; the rest is not mine. I know the
prisoner. I n gave authority to him that any words
should he entered iu the 10 U. I gal) the 10U to the
prisoner. gave the prisoner authority, in the event ot r
way transacuons which I had being adverse, to till up the
I 0 U for the sum I might owe him. The amount would
be what would be du* to him. On a settling day I was
not able to ascertain the exact amount, and there-
fore left blank. 1 owed him nothing eathe 11 thWM
September, when the I 0 U was presented, that I
aware of.—Examined by Mr. Cockburn: I am partner. Mr.
Tyee is the other partner. Ido not know whether the
articles of partnership prohibited speculation. 1 speculated
for the account, and did not hold the shares with my Owl
private funds. The prisoner asked me if I did any thing in
shares. I said I bad *eked for an allotment or two. I
sometimes bought for the account through brokers in Lon-
don. I was principally unsuccessful. The prisoner same-
tines found the funds to meet the low on the account. I
paid him by letters of credit in London and by orlers on my
bankers. Ido nut know whether Mr. Cuss and Mr. North
are mixed up with these transactions. I will not say that
the amount of these transactions amounted to 38,0001. The
prisoner and I were never jointly concerned ; he was my
, broker and received half the commiseionfrom my agent for
doing my business. Marshall and Mullins were my tint
brokers, and afterwards the prisoner. The amount I may
have paid Bishop, the prisoner, I will swear amounted to
3,0000!. or 2,000!. 1 think I may swear this. It was shout that
BUM The accounts were afterwards inspected and the de-
ficiency discovered. The prisoner was afterwards taken into.
custody on the charge of embezzlement.
Justice Wightman summed up to the jury, and told
them that if they were of opinion that the prisoner made the
entry with the intention of deceiving his employers es to the
amount that he had actually received, that he was guilty of
embezzlement, and even though he might have at the same
time an intention of repaying the rnoney.—The jury found
the prisoner guilty of embezzlement. The sentence was

CENTRAL CRIMINAL COURT.
OLD COERT.—Before tee Recorder.
ALLEGRO FOROEILT.—Joseph Wadsworth surrendered to
answer a charge of feloniously forging and uttering a bill of
tubing* for 3001., with intent to defraud.—ln this case
there had been no inquiry before • magistrate, but the pro-
secutors obtained • bill apon evidence tendered before the,
grand jury two sessions ago, and the defendant was admitted
to bail by the court. The circumstances under whi. h the
charge was preferred were of rather au estraordinary cha-
racter. The prosecutor was a carpenter, named Barrett, and
during the year 1816, while he was engaged in some build-
ing speculations, be obtained some money upon loan from
a society called the Caledonian Loan Society, which had for
secretary at that time a person named M'Greaor,
who was subsequently removed from that office,
whisk was then fill, d by the prisoner: During the
transactions between the parties various bills of exchange
were given by Barrett, and among them a bill for 3001.,
which the prosecutor represented to have been one at tour
months' date, and which would have become due on the 16th
Jan.. 1847. No such bill as this it appeared ever came to
light; but in Dec., 1846, a bill at three months, for the same
amount, was presented to Barrett and legal proceedings
taken upon it, and this was the bill which formed the sub-
ject of the pre,. nt inquiry, the question being whether it
realy was th bill given by Barrett to the society as a forged
instrlument.e The principal witness was Mr. M'Gregor,
the former secretary; and according to his evidence
the bill really given by Barrett was • four mouths'
bill. He also said that he himself drew the
genuine Lill, as was his custom, before it was accepted by
Barrett, whereas the instrument alleged to be a forgery was
drawn by the prisoner. On crossamunination the sigmas
said that bis attorney was named Davis, but he had had we
communication with him, and only saw a person named Bur-
nell, who acted as his clerk; but he declined to state whe-
ther he was aware that that man wall a returned transport.
lie also said that although he was aware of the forgery
having been committed, he took no steps to go before a ma-
gistrate, but, by the advice of Burnell, he went with him
before the grand jury, mid preferred the present charge. In
answer to questions nut by the court, the witness said that
he could not state win tiler the acceptance was Barrett's
handwriting or not, and te could not say anything about
it.—After a great deal of evidence had been gone through,
Serjeant Wilkins was about to address the jury for the de-
fence, when they intimated that they were perfectly satisfied
that the acceptance was in the handwriting of B ineta—The
Recorder said if this were wi there was an end of the case;
and a verdict of Not Guilty was recorded.
NEW COURT.—Before the Common Scrjesnt and tatlerrom
Challis and Mangrove.
ROBSERIN—AIITTVL DEPENCI.— W. Young, 32, a waiter,
was indicted for Laving stolen a watch, value 64., and appen-
dages and two lockets, • lase 31., the property of Elizabeth
Lywo'cid.—The prOMeutrig deposed that she was a widow,
residing et 19, Eastebesp. The prisoner bad been ter con
fidential servant for nine yenta, and it had frequently oc-
curred that he had heel left in the entire care of her whole
property. On the 7th of February, about haltpast three in
the afternoon. she saw the articles stolen safe in a draw, r in
her room, end at half-past six she discovered that they were
gone. She suspected the pri.oner, MI no ono else had had
an opportunity of taking them. She asked him about them,
hat he denied all knowledge of the matter, promising,
however, to try and trace the watch. A reword was offered
for the recovery of the property, and on the following Satur-
day the priooner said ho had succeeded in tracing the watch
pawned to a pawnbroker's in Holborn, where they were
for 21. 10s. Subsequently the lockets were found by
the police at a pawnbroker's in Clare-market. Witness at once
redeemed the watch.—Mrs. Emily Wilson stated that she
lived at 20, New Church-court, Strand. In the early part of
February the prisoner came to her house as a single man
out of a situation, and he placed in her hands a gold watch,
borrowing half a crown from her, and asking her to pledge
it for hint. She remarked that it was a lady's watch, upon
which he said it had formed part of a legacy bequeathed to
him by a maiden aunt, who had also fixed upon him an an-
nuity of 501. She did pawn the watch at the place where
it wan found.—Ann Ledbrook, a single woman living with
the last witness. gave corroborative evidence. The prisoner
gave her a locket. which was afterwards pledged.—Wilson
was recalled She saw a handbill giving a description of a
stolen watch, and offering a reward for its recovery. Be-
lieving the watch given her by the prisoner to be the one
alluded to she gave information to the police.—The
prisoner, in his defence, made a long roundabout story,
in which he eadeavoured to inculpate a person named
Thomas Peerman. He said that Peerman was intimately
acquainted with the witness Wilson, and he (Peerman)
had stolen the watch and given it to her, and it had been
agreed between them to throw the charge upon him.—The
witnesses Wilson and Ledbrook were recalled, end positively
contradicted the prisoner's statement —The learned Judge,
in summing up, said this was a somewhat peculiar case, for,
if the jury believed the case made out for the prosecution,
it was clear that the pricoaerabad stolen the watch, seals,
&c., and that he had afterwards pretended to trace them to
get the reward, while now ha scented two innocent persons
of conspiring to convict him.—Tbe jury immediately re-
turned a verdict of Guilty.—The prisoner said he was inno-
cent, and if the termed at Collins's, in Chancery-lane,
were called, she coald prove that the witzert Wilson and