The Express.
London, England, 1857-03-18 00:00:00

THE POLICE COURT&

MANSION-HOUSE.

Mr. looses If.R aldif;./Cleri;; .11rotv--- d, coal-factors, tor-
ryg on business at 28, St. Mary-M-11111, appeared before
the Lord Mayor, in answer to a summons which had bean
bassi at the instance of Mews. Harrison and Co., owners of
the Matclide Colliery, near Newcastle-on-Tyne, and which
theme' them with having, as agent. of Mews. Harrison and
Co., orwortad to their own we two bills of enchange of the
respective owns of 1001. 13.. 6d. end 1001., which bad been
ostruotoi to tits for • specific purpoee.
Mr. h appeared in support of the prosecution
Bollersttended on the part of the defendants.
Mr. Hobler asked for an adjournment of the ease, on the
ground that he had only just been instructed in the matter.
Mr. Sleigh resisted the application, riming that the sum-
wan hod been issued on the 6th Wt., and that the defend-
ants had therefore had plenty of time to instruct any profes-
sional adviser upon their behalf. In addition to this
witnesses were in attendance from Newcastle and from

severallmaldng-limures.
The Lad Mayor, after • abort dineunion, said that under
an the eireamlasees the cane must be at once gone into.
Mr. Sleigh—l have the honour to appear here, my Lord
Mayor, to prosecute this charge against the defendant. ; and
it is • charge beyond an doubt of the very greatest impor-
tance whether ae regards them urea regards the mercantile
comunutity generally. The summons upon which they now
stand before you has been ironed under that which I. known
as the Bankers' or Factors' Act—an art which was
very much diamond in • late celebrated owe (that of Strohm,
Paul, and Bates), and an act which amongst other things
mane, "That ff any money, or security for the payment of
mosey, shell be enervated to any banker, merchant, broker,
attorney, or other agent, with any direction in writing to
apply such money or any part thereof, or the proceeds or any
part of the promide of ouch meurity, for any purpoee
• in such direction, and he .lull in violation of good
faith, and cannery to the purpose so verified, in anywise
convert to his own WO or benefit such money, se-
curity, or proceeds, or any pert thereof respectively.,
every such offender elan be guilty of a misdemeanour. '
That is the 7th and Bth Geo. IV.' c. 29, s. 49. There
is a provisoprovisoin • subeequeut portion of the statute
to which it is no{ necessary that I should call
your particular attention, except that it is in-
tended to protect persons who have • proper lien
upon any such security from being criminally proceeded
against. The prosecutors are the owners of the Ratcliffe
Colliery at Warkworth, near Neweaotle-on-Tyne—gentle-
men of the highest respectability, and well-known in that
part of the country; and the defendants have been for rove
time carrying on businem trading under the firm of James
Hill and Co., as coal futon and agents fur colliers in the
north of England, at 28, St. Mary-at-Hill.
The Lord Mayor—The Coal Eirchange is at the corner of
St. Mary-at-Hill. Menu.. 11111 and Co. of the Coal Ex-
change, are. gentlemen of the highest characterand respeeta-
and it ought to be made known that the present charge
is not valued them.
Mr. Sleigh continued—lt is perhaps all well that I I
should shortly narrate the mune of business adopted an re-
gard. the owners of collieries in the north of England and
their agents in London. Coals are rent to London, and con-
aigned to those persons, who are either the purchasers or
the agents, selling them on commission for their principals
in the north. An account current or kept between the par-
tiee—a credit and debit in the mural way—and from time to
time the principals in the north draw upon their agents in
London bills of exchange fur proximate amounte.l
The drafts are accepted by the agent. in London.
They are in the weal course 'raid at maturity, and
go into the account current. If they pay more than they
owe, the balance goes to their credit; if they pay less the
partite on the other side are debited. It appears thati in
February in the mend year there became due a draft upon
the defendants., drawn by the prosecutors for 3501. It was
dated Newcastle-am-Tyne, 20th of November, 1856, and was
at three mouths. Oumentiently, in the ordinary course of
lminae' it would arrive at maturity on the 23rd of February,
1857. A few days before this draft became due, Mr. Mer-
riam happened to be in London, and had an interview with
ono of the defendants, and in ooneeetrence of what then took
place ha, on his return to Newcastle, remitted to the defen •
dents two hills of exchange—one upon Messrs. Coutes and
Co.. for 100/. 13s. fed., and another upon the Bank of Eng-
land for 1004.—which were to be appropriated towards
a purpose mentioned in • letter which will hereafter
be put in evidence, but in violation of good faith
they cashed the hills, they paid the money into their bankers,
and drew cheque. in favour of various people for the amount.
The conserpunce was that when the bill for 3-101. because due
there were "no effects." Under all the eireutnatanceir, it
will be for the court to say whether the defendants have
not been guilty of a misappropriation of securities entrusted
to them for snarl levier purpose.
51r. John HerrirmN one of the promentors,. wee then
sworn, and said: The defendants carry on business at 20,
St. Mary-at-Hill, as agents and coal-factors, and have been
in the habit of acting as our agents for the led two-and-n-
-half or three yarn. Our course of business was for our firm
to draw on the defendants bills of exchange for
marmite remounting the value of coals sent to
Landon. Sometime, the drafts would be under and
sometimes they would exceed the amount of crabs
sent. In November last we drew a bill of exchange
upon the defendant. for 3.101., which becatue due on the 23rd
February. It was accepted by the defendant., and was pay-
able at Messrs. Glyn's. Upon the 20th February 1 :e-
-mitted to the defendants two bine of exchange, one for
1001. 13s. Gd. on Mears. Coatis and Co., the other for 1001.
on the Bank of England. Thom three bills are now before
me. The bills for 1001. 13e. 6d. and 100/. were remitted to
the defendants in • letter which I wrote them. (The letter
was read.) On the 25th February the bill for 3604 wan
returned to us dishonoured, and we had to pay the amount.
A few days ago I attended a meeting of the defendants'
creditore, at which they were present. A day or two before
the meeting I saw both of them at their office, when some
convereatim took pleat between as. I told them that
the bill for 3601., to pry which I had sent them
2001. odd, had been retained to me, and that by not
paying it they bed misappropriated my nioney._l told them
they would be obliged to pay me the 2001. odd hsek=r
I must have them imbefore the Lord Mayor. The
Bryce said he would consult hie eolieiter upon the subject.
The defendants both left, and, open their velars, Brough
said that his solicitor had Weigel them to pay the money
back by all means. This was mid In Hill's venue.
Brom& afterwards gave me an order ars his solicitor ter

the amount, but I did not get paid At the meeting of
creditors the liabilities of the defendents were stated to be
something like 1,700/., and the swots, which consisted of
boot debts, about 300/. The indorsement on the bills for
the 1001. and the 100/. 13a. Gd., ia in the Landwiting of
Bennet.
Mr. Nobler having stated that he was not in a situation to
erese-examine the witness at mesent, the further hearing of
the charge was adjourned till Thursday neat, the defendant"
miter* into their own recognisances in MI. each to appear
on that day.

BOW STREET.
A young man. named Robert Goodacre, formerly a clot
in the .mice of Mr. H. R Abrahams, suryor, of Howard.
street, Strand, waa charged with utter' several far*
at Mesas. Drnrumond's bank, in C raw -c
,_,ecs prieoner, who made no defence, was committed fs

The woad half of a 51. note has been received for the
poor-bos, from the donor, subscribing, " The thief who had
the bog." An acknowledgment was minuted.

WESTMINSTER.

The Rer. Mr. Borroildie,liietiiscenT of St. Mary's, Tot.
hill-tlelda, waited on the magistrate with reference to the
young woman who appeared at this court on Monday, coga.
plainag that Mr. Borrudailehad reflood to chneten bet II&
Borrodaile stated that the girl had been in his national IE4
from which she was expelled for ill-conduct. Some molds
ago she called on him, and requested him to christen her, as
she wanted a certilloae of baptism befsre she emigrated. Ho
told her that she would requite previous instruction ad
preparation, and offered to communicate with the clergy's=
of her parish. This she would not consent to. On Monday
morning she called on him with the •,ame request, and was
net by the /same offer, upon which she appealed to the
magistrate.