The Express.
London, England, 1853-01-26 00:00:00

Mr. W Have you ever seen any of his eorrespond-
tare that was not in a German character ?
The Witness-7-1 do not remember having seen any bitten
not in "alaerman character.
Mr. Wontner—llavi you ever seen any of his handwrit-
Let genet on a cheque, ones or twice ?
The Witness—l have sees many cheques.
Mr. Ballantine—That is, you have seen nothing but
rte?
The Witness—At this moment, I do not remember hav-
ing seen anything but cheques in his handwriting
..but in
the English character. 1 have not been to the prisoaer's
lodgings since the last examination.
Mr. Ballantine said he had now concluded his mama
with respect to this charge, and asked fur a committal.
Mr. Goodman (the chief clerk) then proceeded to reed
the depositions which were taken on the two previous
Missions.
Sir R. W. Caiden (addressing the prisoner)—lt is now
Sy duty to commit you for trial for feloniously forging
Mountable receipts for goods—vie., 7,313 qn. of wheat—
sad uttering the same, knowing them to be forgeries.
The prisoner was then asked, after the usual caution,
whether he wished to say anything in answer to the charge.
He replied, I leave it to my solicitor, Mr. Wontner.
Mr. Wontrier—We do not propose to enter into any de-
fence now, but it is quite right that I should make one ob-
servation. There seems to be an impression afloat that Mr.
Pries has secreted a large quantity of money, arising from
the transactions which have been given in evidence. lam
sure it will be found in the sequel that nothing of the sort
has taken place; that Mr. Pries has not appropriated a
single shilling of the money which has arisen from any of
his mercantile transactions; and I am the mere embol-
dened to say thus much because I see present the official
assignee (Mr. Patrick Johnson), who has been through his
accounts, and who, if necessary, will corroborate what I
have said by giving the result of his examination.
Sir R. W. Carden—l am glad to hear that observation
from you. because it has been currently reported that, in
contemplation of the discovery of the act, which he must
have been convinced must, sooner or later, have taken
place, he had sent over very large sums of money to Ger-
many with intention of providing for future exigencies.
Mr. Johnson—l wish, in reference to myself, to say that
the books of the prisoner have not been thoroughly ens-
mined at present; but, so far as any examination has
taken place, Mr. Wontner's remarks are perfectly eorreet.
The examination at meant is of a very limited description.
Mr. Ballantine—The course which is now being taken
only shows how very undesirable it is to enter
Into any matters collateral to the issue before
the court. What the prisoner may or may not
have done with the money is totally immaterial.
I do neither adopt the proposition of Mr. Wontner, nor do
I put forward say other proposition. as I am not instructed
to do so. I wish to confine myself simply to the perform-
ance of my duty in showing that these documents are
forged, and that the prisoner at the bar has forged and
uttered them, knowing them to be to. Whether he has
done so for the purpose of covering large speculations into
which he may have previously entered, or whether be has
done so with an intention of laying by a purse for the
future, are matters of which we are utterly ignorant. But
I must take the liberty of not adopting any one proposition,
be it either in his favour or against him. We do not know
the object of these forgeries ; but when a man commits
forgeries to an enormous amount, it can hardly be imagined
that he did so without some motive corresponding in his
own mind to the enormity of that offence. I regret very
much that I am compelled to make these observations, in
consequence of the learned gentleman who appears for the pri-
soner making statements respecting matters which are entirely
beside the issue the court have to deal with. But I must
observe that in cases of forgery,it would be very wrong that
a prisoner should be protected either in point of law or in
point of morality by assertions as to anything he did with
the money, or by any statement of what were his intentions
with reference to it.
Mr. Woatner—l did not say that the prisoner ought to
he protected either in point of law or in point of morality,
but I thought it fair to him to invite the attention of the
prosecutors to the fact that there was no foundation what-
ever for the rumour that has been afloat of his having up-
ptevriated any part of these monies.
Mr. Ballantine—We do not know whether there is any
foundation for the report one way or the other.
Mr. Wontner—Then you can ascertain the fact; I invite
you to do so.
The charge against the prisoner of obtaining 9,0001. of
Miners. Schuloff and Co. was then resumed.
Mr. Iguace Schuloff—l produce two bills of lading, upon
which I have advanced money, in addition to those I pro-
duced at the last examination.
Mr. Wontner—What was the interest you charged ?
The Witness.—The interest we charged varied. It was
a half per cent. sometimes, and sometimes only a third per
cent. It was according to the length of time that the
money advanced was to be lent. We settled it with Mr.
Pries himself.
Mr. Wontner.—You are now speaking of the commis-
sion, are you not ?
The Witness.-1 am now speaking of commission.
Mr. Wontner.—But was there interest 'barged besides
the commission
The Witness.—lit the beginning of our transactions there
was. In April last interest was charged.
Mr. Wontner.—Now when you charged a commiseien
a half per cent. upon the amount, was that for the less sir
the money for one week ?
The Witness.—Sometimes for • week, sometimes for a
longer period. Sometimes I lent the prisoner money with-
out bills of lading.
Mr. Wontner.—Did you charge him one-third per cent.
for the loan of the money for a single day ?
The Witness.—Yes, we did.
Mr. Wontner—W hat would that be per annum ?
The Witness—l could not reckon it per annum, but he a
week it would be the same as for a month. I have been to
the lodgings of the prisoner's wife since the last examina-
tion. I went yesterday of my own accord, for the purpose
of expressing my sympathy for the situation of the pri-
toner's wife. The mother was out when I called. I did
not shut the mother up in a room and search her boxes or
her basket. I did not search any of her goods. I was
accompanied by a messenger from the Courtof Bankruptcy.
Mr. Wontner—Then yon did not make say search of her
goods at all ?
The Witnese=l did search, but only from erroneous in-
formation received by .me, and I did sot find what I looked
for. I did not search any times.
Rs-examined by Mr. Ballantinel went to the lodgings
of the prisoner's wife wilb'• messenger of the Court of
Bankruptcy, who was present during the whole time. No
search was made by anybody except the messenger.
Mr. Millis Coventry, one of the Society of Friends, said,
I am a partnerin the firm Coventry and Shepherd, who
carry on bungless as cornfaeton in White Hart-court, Lom-
bard-street. I produce eight bills of lading which I re-
ceived from the prisoner. I received them at different
dates. Ido not recollect that I have received them from
him personally, but I have had communication with him
respecting them both before and after I received them. I
cannot recollect any particular conversation with him, but
they have been received in the way of business at my office, '
either by myself, my partner, or my clerk. One of the
bills of lading is by the Auguste Adolph, from Minnie, 28
lasts, 32 seheffels of wheat; this is dated the 6th December
last. I have three of the 3rd January of the present
year, one of the 20th December last, one of the
22nd October, another of the 3rd January, and
another of the 28th December. To one of them I have no
date. I have looked over the bills of lading produced,
by Mr. Schuloff, and find that numbers 1,3, 4, 13, 6,7, 8,
and 9 represent the same cargoes. I cannot say that lam
very familiar with the signatures of the persons purporting
to be the shippers of these cargoes, although I have fro-
quently seen them. I have previously had bills of lading
from each of the shippers. I believe the signature to the
bills of lading produced not to be genuine. I might have
taken them in t: e course of trade, as one frequently takes
them without examination. After these bills of lading
were deposited with me the whole property in the cargoes
was vested in me.
Mr. Edward White said—l am partner in the firm of
Darren, Young, and White, corn [factors, Mark-lane. I
produce • bill of lading which was deposited with me by
the prisoner. I cannot say with me personally. I may
have had conversation with the prisoner upon the subject of
it both before and after I received it, and it went to the
prisoner's account. I find a duplicate of that bill of lading
amongst those now shown to me. It is No. 2. We re-
ceived it on the 22nd Nov., 1862.
Mr. Schuloff further examined—l cannot mention the
precise amount I have advanoed on the bills of lading, of
which duplicates are in the hands of other parties, but it [e,
somewhere about 9,00 W.
Mr. R. Sutherland—l reside at 13, Gloucester-place,
New-road. I was clerk to the prisoner for 14 months. I
recollect the Bth last. I saw my master last, at half-past 11
on that day. As he was leaving, I asked him if he knew
about some bills of which notice had been left 07 the
bankers. He replied that be had taken them ap. He did
not then, or at any time previously, tell me that be was
going to leave for Newcastle, or for any other place. I did
not know he was going away, and I did not see his agda
till he was in custody.
Mr. Ballantine— dare say, sir, after what has MI MO
proved, you will agree with me that it is not neeessegy
go to the expense of bringing the shippers of these goods
from foreign countries in order to prove that these does
meats are forgeries, and to show that they were written
without any authority, inasmuch as it is quite clear that the
depositing these bills of lading with one person is a Tinned
parting with the property; that the depositing of duplicate
bills with other parties is a representation that the property,
has net been parted with, and as that is in itself a very
grave fraud, and involving a very serious punishment, I
think it sufficient to ask you to commit upon that charge.
Sir R. W. Carden—lt is clear from the °videos, that
money has been obtained from two parties upon dupinate
bills of lading, and therefore the prisoner will be emmilleed
for trial for obtaining by false pretences 9,0001. of
Schuloff with intent to defraud *hem.
On being oked, rafter the usual caution, whether be MI
anything to say, the prisoner again said he should leave Ms
defence to Mr. Wontner.
He was then folly committed on both charges.
MARLBOROUGH-STREET.
Rawdolph Rooth, described as a gentleman and formerly
inthe army, was brought before Mr. Hardwick, charged
with having violently assaulted Lieut. Alfred Cooper, of
ths Indian Army, at the East India United Service Club,
la St. James's-square.
Lieut. Cooper said he was at the East India Club, No.
U, St. James's-square, that day, when the defendant seat
te request an interview in the reception NO= for visitors,
on a subject which formed a Patter of dispute between
them. The defendant denemiled the sesseeon of a letter
which was in his issassaiss, sod as reedviag a positive
refusal, he, without- weenim esimwsped a violent as-
sault oa him The dediailidt silnd bin by the duets mid