The Express.
London, England, 1866-11-24 00:00:00

THE POLICE COURTS.

GREENWICH.
Mr. Andrew F. WRitehte, of Oxford-villa, High-road,
Lewisham, appeared before litr. Train, at the instance of
the South Eastern Railway Company, charged with smok-
ing tobacco at the Lewisham station of the North Kent
Railway, and also with assaulting Peter Evans, a porter,
and using threatening language towards Robert Barden,
booking clerk, in the service of the company.
Mr. Brown, from the law office of the E'onth Eastern
Railway Company, attended to conduct the case.
Mr. Nelson, muter at the Lewisham station, said that
at a little after eleven o'clock on the morning of Saturday,
the 10th Met., be was on the station platform, talking
to a passenger, there being some ladies close by in conver-
sation with • gentleman. The defendant then came up
close to witness, and having lighted his pipe, commenced
puffing smoke about. Witness told defendant he could not
be allowed to smoke at the station, and defendant denied
witness's authority to prevent him smoking, and said he
should continue to smoke as long as he chose. Witness then
told him to leave the station, but he refused to do so, and
witness ejected him. In doing so the defendant struck at
him, but witness avoided the blow, and with the assistance
of a porter he was at last put outside. The porter was
struck in the mouth by defendant, and • few minutes
afterwards defendant returned to the station and made use
of threatening language, when he was again ejected.
Mr. Traill imposed the full penalty of 40s. and costs,
and required defendant to find two sureties in 251. each,
for his good behaviour for three months.
There were only two charges arising out of the boat race,
one being an attempt to commit a robbery at Putney sta-
tion during the rush of people, and another for gambling
with cards in a public thoroughfare at Barnes. Remanded.

THE CHARGE AGAINST THE DIRECTOR OF
THE JOINT STOCK DISCOUNT COMPANY.

At the Mansion-house, yesterday, Mr. James
Freeling Wilkinson, the late managing director of
the Joint Stock Discount Company, was brought before
the Lord Mayor (Alderman Gabriel) for further exami-
nation upon the charge of unlawfully appropriating funds
belonging to the company, to the amount of 4,84)0/., to his

own use.
The inquiry appeared to excite very great interest in
commercial circles, on account of the high por;tion that
bad been previously held by the defendant, and the court
was crowded by gentlemen connected with mercantile and
banking operations in the City of London during the pro-

cetll..
Mr. r. Poland again appeared for the prosecution on behalf
of Mr. Harding, the official liquidator of the Joint Stock
Discount Company, by whose direction, acting under the
authority of the Court of Chancery, is wax instituted; and
Mr. Sleigh appeared for the defendant.
The following additional evidence was adduced :
Mr. White said he was one of the directors of the Joint
Stock Discount Company, and Mr. Wilkinson was the
managing director of the company. He had formerly been
a discount broker, and the company was partially formed
for the purpose of purchasing his business. It was his
duty to attend every day at the offices of the company, and
also to inquire into the nature of the securities that were
offered for loans. The witness then identified the signa-
ture to the cheque for 4,0001. as being that of the prisoner,
and said that by the counterfoil in the cheque-book it
appeared to have been made payable to Messrs. Capper
and Co. The entry in the cashbook on the same day,
August 16, was " Capper, &court, and Co.—lent 4,0001."
This transaction was also entered as a loan in other books

Of the company.
In answer to a question put by Mr. Sleigh, the witness
stated that none of these entries were in the handwriting

of the prisoner.
Mr. White went on to say that in the cheque-book there
was an entry on the 28th of August of a cheque for 8601.,
having been drawn in favour of Messrs. Capper, Eacourt,
and Co., and it was described in the books like the former
as " loan," and with the figure 2 added to it. This
cheque was signed by the defendant as the managing
director, and by witness as director the regular rules of
the company requiring that the Cheques should be so
signed.
Mr. Poland asked the witness whether he was aware
that either of those cheques was to be used by Mr. Wil-
kinson for his own private purposes.
Mr. Sleigh objected to the question, but it was allowed
to be put, and the witness replied, " Certainly not."
Mr. White then stated that upon examining the coun-
terfoils of the cheque-book he found an entry on the 18th
of September of 4,000/., and then a date the 16th August,
1865, and the words " Capper, Escourt, and Co., loan re-
paid, lent to Klemen and Co." There was also an entry
in the same book of another sum of 4,0001., and the
cheque referring is it was signed by the defendant. The
entry in the cash-book relating to this entry bore the
words " Capper, Escourt, and Co. " scratched out, and
then the words " P. Klemen," so as to make it appear
thr t the money had been repaid by Capper and Co., and
then reloaned to Klemm and Co.
The Lord Mayor asked the witness if he could state in
whose handwriting the word " repaid" was.
Mr. White replied ho believed it was the handwriting
of the cashier, Mr. Sutton.
The Lord Mayor put some further questions to the wit-
ness with reference to some entries that appeared in the
cash book, and be said he was unable to give any further
explanation than he had done. He had nothing to du with
the books of the company.
The Lord Mayor observed that he should have thought
that the director of a company like this would have been
well acquainted with the contents of the books, and the
system upon which they were kept.
Mr. White proceeded to say that the cheque for 4,0007.,
which was treated as a loan to Klemen and Co., was in the
defendant's handwriting, and he hail no reason for thinking
otherwise than that the 4,000/. was a loan to Klemen and
Co. He bad not the least idea that it was to be used for
the defendant's own private purposes. Klemen and Co.
were customers of the company, and he believed that they
were indebted to them a very large sum of money, but he
could not say whether it was so much as 100,000/. No
authority was given to Mr. Wilkinson at the board meet-
ings immediately following the dates of the cheques for
4,000/. and 8601. to use them for his own private purposes.
Mr. Sleigh objected to its being assumed that the de-
fendant had used the cheques for his own private pur-
poses, and said that at the proper time he should show
that he had done nothing of the sort.
Mr. White then said that in the early part of the trans-
actions of the company it was necessary that many of
than should be carried out in Mr. 1% ilkinson's name,
because they referred to his former business. When the
accounts between Mr. Wilkinson and the company hail
been adjusted, it was understood that this course should
be no longer adopted, but he was not aware that any
special communication was made to Mr. Wilkinson in re-
ference to the matter.
Mr. Sleigh said that he should not cross-examine Mr.
White at present.
Mr. Robert Hill deposed that he was formerly assistant
manager to the Joint Stock Discount Company, and he re-
membered filling up the counterfoil to the cheque for 860/.,
which represented that it was a loan to Capper and Co.,
and he said that in the ordinary course of things he should
have received the information limn Mr. Wilkinson. He
bad nothing whatever to do, personally, with the granting
of loans by the company.
Cross-examined—Although he had no general authority
to make terms n behalf of the company, be had done so
on some occasions for small amounts only. He might base
made loans while the defendant was out of town, but he
did not remember any such transaction. The witness was
then cross-examined at considerable length with regard to
the handwriting of some of the entries in the books, and
he said he believed it was either that of Mr. Sherar or Mr.
Sutton, cashiers of the company, but they wrote so much
alike that he could hardly distinguish one from the other.
He also stated that Mr. Sutton was believed to have left
this country and gone to Queensland, and he did not know
where Mr. Sherar was to be found, and he had not seen
hint for more than a year.
Mr. Kleman's account was then sent for, and it appeared
that he was indebted to the company in a sum of 188,344/.,
and the witness stated that he did not know where he was
gone to.
In answer to questions put by the Lord Mayor, the wit-
ness Raid that 'Messrs. Sherar and Sutton had only one
cash book, and they were both responsible for any error
that occurred. They were the only parties who paid the
money into the bankers.
The Lord Mayor (to the witness)—Then supposing there
should be a deficiency of 2,000/. in the amount that was
paid into the hankers on a particular day, who would be
responsible?
The witness said he was unable to state who would be
responsible for the deficiency.
In answer to a question by Mr. Sleigh, the witness said
that there was no check against the gentlemen referred
to except the entries in the books.
The Lord Mayor—But you say that they wrote so much
alike that you could not tell the handwriting of one from
that of the other.
Mr. John Chemmette, clerk to Messrs. Capper, Eacombe,
and Lawson, proved that an interest account was sent in up
to the end of June, 1865, upon loans to that date. Another
account was sent in in September, and he found it con-
tained a charge for interest upon two sums of 4.0001. and
860/. He consulted Mr. Capper, and took it back to the
office of the Joint Stock Discount Company as being incor-
rect, and be pointed out the error, and left the account
with one of the clerks. It was never sent back in an
amended form.
Cross-examined—Witness was aware that Mr. Wilkin-
son was the manager of the company, but he never said
anything to him on the 'object of the account.
Mr. Edward L. Biden, the managing clerk to Mr.
Harding, the official liquidator of the company, proved that
all the books were under his control, and be bad made
diligent search for a cheque for 4,0001., dated the 16th of
August, 1865, but was unable to find it. He bad also
starched for an interest aosonnt with Hews. Capper,