The Express.
London, England, 1851-01-13 00:00:00

THE EXPRESS, MONDAY EVENING, JANUARY 13, 185

CENTRAL CRIMINAL COURT.

OLD COURT.—SATIIRDAL
Room Ma. Jcimca TALIPOCBD.
EXTENSIVII EItiIIZZLZMZNT.
Richard Canister, a young man of very respectable ap-
pearance, surrendered to take his trial upon several indict-
ments, charging him with larceny and emirs &element.
The first cram that was gone into was a charge of stealing
a sum of 164 Os. 10d., the moneys of Julius Henry Thompson
and another, his muter..
Mr. J. H. Thompson, the prosecutor, was examined, and
from his evideaos it appeared that he curled on, with his
partner, the helium of a shipbroker at Trinity-square,
Tower-hill, under the firm of Thompson, Aubert, and Co.
In March, 1849, the prisoner entered their service as head
clerk and cashier, and Amon,/ other duties he had to receive
different sums of money which were paid to the firm, sad
when they cams to a sufficient amount it was his duty to
send them to their bankers, Meters. Rogers and Co., having
previosely entered each item into • rough cub-book. The
prisoner also kept a fair caah-book, in which in the
ordinary coarse he had to carry out the items from the
rough cash-book, and also insert any disbursements,
and show the balsa.. that was paid in. It appeared
that between the 6th and the 10th Augur, lon, various
sums were paid to the prisoner, mounting to 3W. 18e. 3d.,
and he made an entry to that effect in the rough cub book,
and by another entry it appeared that this sum had been
sent to the bankers' on the 10th August; bat it turned out
that, instead of 301. 18,. 3J. having been paid in, all that was
handed in to the bankers' was 141 17s. 6d., leaving the sum
of 161 Os. 10tL entirely unaccounted for. There were also
two other entries in the beaks kept by the prisoner, one of
which related to a bill for 811 9s. 9J., which was made
to appear in the honks as of the amount of
1911. 139. Ild., and in the other a bill for 1001 12s. 2d.
had been altered to 1901. 12s. 2d. by addirg a tail to the
middle nought ; the difference in both casts being entirely
%amounted for. The prosecutor accounted for the disco
very act haring been made sooner by stating that the
firm placed such great confidence in the prisoner that
they were satisfied with tie general result of his accounts,
without entering into • minute examination et all the dif-
Meat items.
The prosecutor underwent a long croesextmination by
Mr. Jame, and stated that while the prisoner was under
examination at the Mansion House his attorney had
anvil. d for permission to examine the books, and he was
told he might see them there, but no other opportunity was
given him to do so.
Heirlooms was thee given to show that on the 10th of
August the sum of 141. 17s. 6d. only was paid in to the
bankers', instead of 301, 18s. 3d. ; and this closed the cm for

the premonition.
Mr. James made a most earnest and able address to the
jury on behalf of his client, and roads some length. ned
comments open the conduct of the prosecutor, and com-
plained of the hardship that was cast upon the prisoner
by the retinal to allow him a reasonable opportunity
to look over the books, and he said it was • mockery
to suppose that he could have done so at the blansionthouse,
while be was labouring under the excitement of having to
answer &charge, the result of which, if established against
him, must be his utter ruin. Mr. Jame, next called the
attention of the jury to the fact, that the book in which these
take envies were alleged to have been made contained no
less than 1,720 items, and referred to amounts exceeding
20,0001., and he asked the jury whether it was at all impro-
bable that the circumstances which were relied on as
evidence of guilt might not in reality merely be the result of
• mistake.
The jury having consulted for a short time in the box,
expressed a wish to retire. They were in deliberation for
more- than an hour. and when they returned into court they
gave • verdict of Gui/ty.
Mr. Balloons* said there were 'tenni ether charges
against the pelisse,.
Mr. Justin Talfourd expressed an opinion that it would
be more satisfactory to try another ease.
The prisoner was accordingly arraigned upon another
charge of stealing 201 , the property of the same prosecutors.
This CU* was, if passible, more clearly established against
the prisoner then the preceding one. It was shown distinctly
that on the bth January in last year, sins of 1201. 35., com-
posed of twelve different amounts, was in the poeseselon of
the prisoner, part of the rum being a cheque for 71. 16e. Id.,
and it appeared that 1001. 3s. only was paid to the hankers,
and on the back of the cheque there appeared in the pri-
goner's handwriting a list of ten items instead of twelve,
making the reduced amount, the balance never having been
accounted for.
Mr. James said that, as he had stated on the former
occasion, the facts were entirely foe the consideration of the
jury ; and, if they considered them coaclasive of the guilt
of the prisoner, as he could as in any way alter them, it
would be impossible for him to say anything sore with
regard to the present charge. He wee instructed, however,
to state that the prisoner still persisted in his innocence,
and declared that it he had been allowed a proper opportu-
nity to examine the books be sheuld have been able to
establish it to the satisfaction of the j ary.
Mr. Boyd, chief comptroller of the customs, was then
salted to speak to the prisoner's character, sad he stated
that he had knows him a great many years, and he con-
sidered him an honourable wall-conducted young man.
Mr. J. B. Boyd, Goa of the last wittier, gave similar
evidence. In answer to questions put by Mr. 11.11aatine,
the wham mid that he had heard of an advertisement in
the Tstrem, beaded "a cam of real distress," which referred
to the prisoner. He knew that he bad been in great distress,
and he believed that a gentleman named Simonds took an
interest in him, and recommended lam to the prosecutors.
Mr. Ballaatios—And I believe they engaged him solely
upon that reeommendation.
Witsess—l believe they know nothing of the prisoner
swept Womb Mr. Simonds.
The learned Judge briefly summed up, and in the course
of his observations to the jury be said that although • ens-
pliant bad been made with regard to the prisoner bowbeing
allowed to *Z•116111111the books, be really not see sack
examisatice could in any way have tended to alter the
sepost of the sem It was nets though
_there had been •
suggestion that then was a general senlasiesia the sesonsta,
bat the charge whets& is le many didn't sad separate
Mau referring peetioder dere, sod he eseld sot Janine
hew any other hem et the beetle amid have explained the
eon which were repoteeled to to utterly Me.
The Jou, olthest • measeat's Imitation, returned • Ter-
ago but they at the same time recommended I
IM ilelener to the meegel oensidaratioa et the roan, the
rAr sailes,loteenr, that the jury were net seenheen 1
lassommiiiss.

The learned Judge then ordered the prloosor up for
judgment, and said that, however painful it might b. to
his own personal feelings, be felt that his duty to the
country, and especially to thews poorer persona who
were entirely der auto of the advantages he possessed, and
who were frequottly, from want of education, bad example,
and poverty, driven to the commission of crime, rendered
it absolutely necessary that be sbsuld pave upon hum a
intone, which was, that he be transported for wren year..