The Express.
London, England, 1849-11-01 00:00:00

CENTRAL CRIMINAL COURT.

through a beaker% He looked at the cheque, bat did not
observe at the time that it we. poet dated to Bor. 4, and
seeing that it was drawn in favour of a perms named
Collies, whom he knew, he did not stupid any.
thing wrong, and gave the amoaut Of Me Mega, to
Me prisoner Salt. The &ripe purported to be drawn
by the defendant Fraser, as ample' an account a: the
Gravesend Bank, epos the Careaserelal Beak of London,
hat when it wen presented it was found that there were no
effeets. He saw Smith ones or tries after the transastioa,
and he at first told hiss that Fraser I ad been attacked with
Meters, and afterwards mid that he had died of the disease.
Smith subsequently told bin that he had got the cheque
from Mr. Lewes, a solicitor, in lloorgateMreet, and be neat
there sad saw the defendant Thomas Lewes, and on his in-
DOClainir him what had happened with regard to the cheque,
be said that Mr. F had a rich brother at Gravesend, and
that the cheque would be paid.
By Mr. Ballaatine—He knew the prisoner le whom
' femur the cheque wee drawn to be the son of a gneiss, of
great respectability and wealth, sad riming hie name aeon
the cheque, undoubtedly gave him greater cosfidsnee. Col-
lins was present when he gave the money, and Smith in...
diatcly he took it up said to him, " Here, take Me half ;
you know we always helve the money when we get it." This
opened his eyes a little to the nature of the emanation ; but
the mosey was gone. He had heard that Bottles family
was very reepsotable, sad that he had smut a large property
or his own. Hie father we. dead. He was not aware that
he was a magistrate to any county.
31111111 Beckwith, • clerk in the Gravesend Bank, proved
that no stab person as Charles Fraser kept an account we h
that bank.

A.U. Hall, a clerk ht the Commercial Bank of Lou-
don, deposed that tie primmer Law.. formerly had as
mormat with them. _ _ . _

8o;;; papers fossil Is the possession of the priaouen Laws.
and France were then pot in. Two of them were of a eery
singular abstainer. They were to the following effect:
"Beeeieed of Mr. Thomas Lawn, one shilling on account
for drawing two chi goes, 'mein one shilling still due by
that gentleman on account of say commission.
(Bigned) ti CHAIM= Fianna."

The other was: "Received of Mr. Thomas Lewes the
balance of one shilling due to me.—Cnsithite Piazza."
The Recorder—What, am I to understand that you Im-
pute to the defendant Fraser that be was paid oais alining
ter drawing each of theu false cheques ?
Mr. M'Msbon—Yes, my lord.
Some evidence was then adduced to show that the cheque
in question had been taken from the cheque book given to
the prisoner Lewes when he opened his tccount with the
Commercial Bank. and also that the body cf the cheque was
written by Dim. It was likewise attempted to be shown that
the signature to the cheque was that of the prisoner Fraser,
but the evidence was not very clear uion either of the
pasts.
Frederick Collins was then called—He said be was present
when the cheque was given to the prosecutor. He wu in
the room at least. He did not know the handwritinv of
any of the puttee. He added, that he " believed" he was
the person in whose favour the cheque was drawn.
By Mr. Ballantine—The cheque is drawn In favour of
Frederick Collins, and I em Frederick Collins, but I
don t know that the cheque is drawn in my favour. When
the money was put down I took some and Smith took the
rest. I supposed that Smith got the cheque honour .bly.
When the cue went before the Clerkenwell Polies Court
the prisoner Lewes gave me 71. 10e to take up the cheque. I
never paid that money over.
The Recorder—Why not ?
Witness—Beeause they told me about the court that now
the matter had come before the magistrate it could not be
settled.

By Mr. Ballantine—l don't know whether this money
wag given mo to settle Mr. Cathhertoon's cheque or Mr.
Mills's, which was one of a similar kind.
Mr. Ballantine—Well, what do you mom to do with the
Roney ?
Wbuese—l mean to pay it over.
In answer to further questions he said he had rseeived
between 201. and 301. from Laws., but he declared that the
mossy was for an accommodation hill for 301. which Lawns
hod discounted for him and Smith.
The Recorder—Wes your name on the other false cheque
that has boon referred to?
Witaers—lt was.

Toe Recorder—Of course you have pia back tke share
you received of Mr. Cuthbertson's meaty ?
Witoess—(Cersiessly)—No, indeed I leave not.
The Retorter—Then you bars got the V. 10s. you re-
ceived from the prisoner Lawes, sad also the half of the
ether money, still in your posessition ?
Witness—Yee ; thst is to say, I have spent it, but am
ready to make it good.
The Recorder—What did you do with the 71. 10s. when
you received it ?
Witness: God knows. I snent it, I suppose.
The Recorder—Then you creployed the mune), for your
own ass, which was given you for a specific purpose ?
Witness—l did.

Inanswerteotiter questions that were then put by Mr.
BaAntis., the witness said that he gave Smith part of the
mosey he reeeived as the produce of the bill, and he a fated
that the% were " pals," but he put ankh forward to do the
dirty work.
The Recorder told the witness he thought the prosecutors
had made a great mistake in leaving him out of the indict-
ment, as he really appeared to be the worst of the party.
They had been very lenient to him.
Mr. IltMalton said that this perecn had been sworn as a
whines betore the magistrate, and on that account they did
not welder themselves justified afterwards in indicting him.
The Recorder said he had hardly before seen such
effrontery exhibited in a court of justice. This man bad not
only stepped in at the moment es the party named in the
cheque, to give a colour to the transaction, bat be had ac-
tually obtained 111. tout of the 151., for which the two cheques
were drawn.

Mr. M'Alaboa having intirrated that this wee the case for
the profeention,
The Recorder said that he did not think there was suffi-
cient l-gal evidence to connect Lewes and Frazer with the
transaction, so as to support the charge of conspiracy, and
therefore he should not call upon these prisoners for the it
defence. The cue must, however, go to the jury upon the
count spinet Smith for obtaining money by fele* pretences.
Mr. Mellactine accordingly a'oircased the jury for that de-
fendant, contending that he had been made the dupe of the
wittier, Collins whom he described as a consomme., and
'subletting swindler, and he urged upon the jury that there
was very little doubt that he told the truth when he stated
that he had got Smith to do the dirty work, and that he
wee himself in reality the originat of the fraud.
The It- corder having summed up, the jury acquitted
Lewes an-I Fraser, and convicted Smith.
Mr. Balientine then applied to the court to reel its the
judgment to give him em opportunity of showing by sig.
davits that Smith was mast r. speetably connected, and bad
been possessed of considerable property. He would not
mention the name of his family publicly, but he had no
doubt he should be able at the nest session to put the court
in poseeesion of such faces aa ha believed would warrant it in
passing a lenient sentence.
The Recorder said that the station of the defendant or his
family would have to effect with the Court; but if the
learned annul thought he could by any faces before them in
reference to the cue itself show that the defendant wee en-
tilted to any favourable consideration, they would of course
be attended to, and he had no objection to respite the judg-
ment upon this indictment.
The three defendants were then arraigned upon a second
indictment, charging them with defrauding George Mills by
mean, of a similar Wee cheque.
This cue was clearly made out against the whole of the
defendants. It was proved that Smith cent the hostler at
the Clarence Hotel to the pros-cutcr, who is a cotchmaker
in Goswell-street, to hire a dog-out for three das, and
gave him the cheque in question, for 71. 10,., to
pay for the hire, and he obtained the d:fferenec.
It was proved that the body of this cheque
was written by Lawn, and that it was signed by
Fraser, and there were other circumstances which left
no doubt that they were all guilty participators in the
fraud. The witness Collins, celled in the former cue, was
agein pieced in the witness-box, but after one or two quee.
tints had been put to his, he refused to answer any mote,
oa the ground that he might criminate himself.
The jury returned • verdict of Guilty spinet all the
defendants.

The Recorder observed tint this verdict placed him In a
siltation of soma difficulty with regard to the pr3mise he
had made Mr. Bonnier, who he saw had left the Conn,
that he would postpone the judgment upon Smith until the
ant session. The nature of the connexion between the
parties was now, however, clearly established, and he did not
see any reason for postponing the sentence. He added that,
under the circumstances. he would, however, only piss sen-
tence upon Smith upon the bat indictment, and Mr. Bann-
tine would have an opportunity of placing before the court,
if be was in a condition to do so, such foots SP he might eon-
eider would induce it not to pan any further judgment upon
the first indictment.

The proposers 1...W11111 and Fran •r were then sentenced to
be Imprisoned sad kept to hard labour for eighteen months,
and Smith was sentenced to twelve months' imprisonment and
bard labour.

OLD COURT.—YESTUDAT.
Imes ran Itnootusz.
Ininontass 101 CONSPIRACT.
Richard Maar, Smith, 25. described ma a MOW; Mona
Lewes, 49. broths; and Charles Frazer, 60, agent, well
istlietld severally for unlawia:ly eon, piring together ht ob
tein 71. 10a. from Francis Cathbortson, by (aka pretences;
and in a separate leant the defandsat Smith was charged
with salawkily obtaining the nosey by (al.. pretences.
Mr. MILAN' coadnated the prosetatkn, which wee
instituted by the Bankers' Proeszating Association. The
defendaats were represented by Mr. Sallantine and Mr.
Coatis.
lir. Cathberhos deposed that he was a bootmaker wry.
feg oa biasing's in Aldermatestreet, end on the 28th August,
is esoarquence of a rewrage he received, he went to the Cla-
rion Reel in that street, and there saw the renewer Smith,
whoa he had known as Captain Smith. Ile reined •
shine. drown Rpm the Commercial limit of a for
71. 109., end asked him to cash it, at the sumo time stating
that the landlord of the hotel would have done it for bin
baths woo oat of tows, and so it woo mooed Is ma go

THE EXPRESS, THURSDAY EVENING, NOVEMBER 1, 1849.

tines, and el being himself
bed uttered. _ _

sa to the words be

Afftraian Carden said be was convinced that every one
in the juatiem-roons upon the occasion aduded to, heard him
most distinctly ask the customal quistioas, preceded by the
customary caution, and the primer se distinctly state the
.stenties to plead guilty.
The link which Mr. Bash considered to be necessary in,
the anima having then bees supplied,
Alderman Carden asked the prisoner whether he wished
to make any observation ?
Tae prisoner replied that he should reserve what he had
to say till the day of hie trial.
Mr. Wontner said his slime oral a gentleman against
whom there never had bean upon any former occasion the
slightest insinuation • that be had taken the money in the
determination to restore it, and bad left a notice to that
effect, and that his frieads, upon being informed of the
calamity which had befallen him, immediately offered re-
payment, which, however, the basking-house had rejected.
Alderman Carden said he deeply regretted the painful
duty of presiding when charges of suca a nature were
brlught before the magistracy, but be had no alternative
but to send the case before a jury.
The prisoner was then committed fur trial
ALL.2OID EMBEZZLIMINT BY • BANK CMS/tn.—G. B.
Walker, a clerk in the London and County Bank, in Lom-
bard-street, was charged with having stolen a 101. note, the
property ofoff his employers.
Mr. Mullein of tt.e firm of Bush and Mullein. attended
for the prosecution, and Mr. Nobler appeared for the pri-
soner.
Kr. W. M'ffswan said—Oa the 10th of October I super-
intended the taking of the nightly bslsoce. I afterwards
ascertained that there was an error in the coke I had
carefully examined the numbers of the notes dation the day,
and I ascertained that a 101. note, numbered 24,279, and
dated 10,h of August, 1849, had not been sent away.
This aitneu and other gentlemen engaged io the house
gave evidence by which it was shown that the 101. note de-
scribed mast have been taken by some one who had access to
the place in which notes and securities for money were often
deposited.
Mr. Charles Bailey, watchmaker sal jeweller, of New
Oared-street, said about the 11th of October a tenon come
to my shop, about 9 o'clock at night, end purchased a lady's
gold ring, the price of which was a guinea. He tendered
me the 101. note produced, numbered 24,279, and dated
10th August, 1849, which he took from a steel bead purse.
I was not able to give him change, and went to three places
to get it foe him. lie said he had received the note at the
Union Bank that morning. I gave him the change, de-
ducting the guinea for the ring. I did not ask ham his
name. I thought he might consider it an insult if I brought
it back to him from the place to which I went to look for
change, and asked bins to put his name upon it, and I might
lose the sale of the ring.
In answer toe question from Alderman Carden, the wit-
ness said : I suspected the note was a bad one, is the hour
was late ; but I learned from goes to whom f went, who
were better judges, that it was good, and I thought if it
happened to be bad, the person who offered it would probably
put a wrong name upon it. Ile was in the shop from twenty
minutes to half en hour. I mentioned to him that I knew •
gentleman in the Union Bank.
Mr. Mullen—Had he anything particular in his dress?
Witness—He was dressed in black clothes, and wore a
braided silk watch-guard in front of his shirt. It rest milled
this which is now produced.
Mr. Mullein— State what took place yesterday wi-h re-
elect to the penal who dealt with yen upon that occasion.
Witness—l was yesterday morning, betas 9 o'clock, et
the Diadem and County Bank, and I saw sevtn et tight
clerks come in and sign the book. I was by myself. My
attention was not directed by anybody to any particular
parson. I saw the person who got change of the 101. note
trout me enter. The gentleman at the her is the person. I
have no doubt at all of it.

Cross examined by Mr. Nobler—The steel beaded purse
sod the silk watch guard are very commonly used articles.
I cannot be mistaken u to the identity of the prisoner.
The t rimer is the person who gave me the note.
John Forester, the officer, produced a purse and a watch-
guard, which be found in use prisoner's lodging m Grocers'-
hall-court.

said the articles prilduced yen precisely like
those which he observed in the possession of the prisoner.
Mr. Mullen, said be should produce at the fival examina-
tion Mr. Bailey's wire, who had opportunities of ob-
serving the prisons r in the shop, and would add her tcati
moray to her husbaad's as to the point of idemifieetion. He
should also produce evidence to the effiet that the bank note
had gone through the Uuiou Bank
.as had been stated by
the person who had dealt with Mn. Bailey.
The prisons: was then remanded.
GUILDHALL. _

CHARGE Or ABDUCTION —Edward Sutton, between fifty
and sixty years of age, of 84, fit. George's-street But, was
again brought up eharbed with decoying away the 'Wight',
et Mr. Usury Roger,, of Bell-yard, Temple-bar, and also
with stealing • watch, ring, an, pair of ear-rings, value
The prisoner's wifo came forward at this exeminstion, and
stated that she war married to him 27 yeas ago, nut had
been deserted by him eighteen months since, leaving her
with six child's. , after grub ill-treating her.
The Chief Clerk observed that the prisoner also com-
mitted peury, for by the license he must have declared
that Miss Rivas was of age, whereu be wee only nineteen.
Ald. Husapiatry remanded the prisoner until Monday
next.