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London, England, 1824-11-01 00:00:00

THE BRITISH PRESS.

when they come to the hook to be sworn, anti haute they are sworn,
as you are empowered."
The for.‘iising Jurors were then empanelled widow challenge,
and the pti•oner committed to their charge, upon the first indict-
ment, for for;;Mg and tattering the transfer of fi.450!. Long Annui-
ties, held at the Bank in the name of Franca-Young :
'John Keels. Foreman; John :Bowan. 'Phomas Reeve, Edward
Joke, Job Elliot, Job Horton, John Proctor, Thomas Driver,
Abraham Agar, Thomas Clarke, Thoma, Joncs,ar.d Wan. Whit-
church.
Mr. Law read the abstract of the Inciictment. . .

The ATTORNEY-Oft/IEIIAL then rose, and stated the ease for
the prosecution as follows r—e May It please you, my Lord and
Gendernen of the Jury—Yon have heard, during the reading of
this indictment, that the prisoner at the bar studs charged with
fraudulently forging and ousting a certain Power of Amenity for
the transfer of certain stock, entered in the Bank of England ia the
name of Mini Francis Young. It is my duty on the part
of the prosecution, to state to you the circumstances art cf
which. according ,n my inatructions, the present prosecution has
spring, and afterwanla to lay h.:fore you the evidence which I have
to offer in support of this indictineut. In discharging the painful
dirty which has thus devolved upon me, I sin butane to confine my-
self implicitly and strittlyro a statement of recta. This is a cri-
minal charge, and in such a one, I am mere especially milled upon,
when the life of a prisoner is involved in the result, and where his
Counsel are precluded by the rule of law from replying to any gene-
ral statement of Counsel for the prosecution, I am, I say in such
a case, more peculiarly called ueon to abstain from any effort calcu-
lated to excite your feelings, or front giving any undue colouring to
the Gets. If, therefore. I were in the siighteat degree to aggravate
the facts, which, according to my instractions, you will have in the
regular rimer of the trial before you, I should not only not do my
duty in the manner in which it ought to be done, but travel beyond
that line which is decorous and proper on so painful an occasion.
!Living made these preliminary observations upon the manner in
which, according to my judgment, I am hound to perform my duty.
it will scarcely be necessary fur me to put you, Cientlemen of the
Jury, on your guard against any inferences disadvantageous to the
prisoner, w!iich you may have formed from circumstances which
!reached your knowledge before you assembled in that hox. The
prisoner at the bar is run:aid to your judgment and decision, not on
any information, mispicien, or surmise, or impression, which may
' have afflicted your !Linda, by any thing represented to have occurred
out of delors before this day ; for theme, if you have funned any, you
must ride:irony, as mutes an possible, to dismiss from your recollec-
tion ; the prisoner at the liar being strictly entitled to your judgment
and decision ; not, I reprst, upon this previously acquired informs.
Lion respecting his ease, but upon the evidence offered before you
thin day, in the progress of the trial, and on that alone. I must
also beg leave to remind you, that you are moistly called upon to
dismiss from your minds the recent recollection* which you must
have front the forma of tlita day's proceedings, that there are other
indictments found against the prisoner, utron which he stands corn.
milted for trial, mid that you are to look upon the present indict-
ment as if it were an insulated one, and exactly u if it were the
only one which the prisoner was called upon to answer. I know
that these observations may he unnecclary, butt still I feel it my ditty
to give you this precautionary admonition. The prisoner at the bar,
ntlemen, was well known as a partner in the banking-house of
Marsh. Sibbald, and Co. of Bemers-ameet, which was established
about 30 years ago. Ilia father was a Ourtner in the original firm ; he
had previously been an active clerk in a banking house in the City,
and the partners who established the firm, not being equally men of
business themselves, gave him a share to avail themeelvesof his
Mpractical information in the management of their affair. The elder
fr. Fauntlemy died in the year 1807, and his situation was imme-
diately occupied by his son, the prisoner at the bar, upon whom
also, frir his practical knowledge of business, and the comparative
superiniity which he had in this mpect over his co-partners, nearly
the whole of the actual business devolved. In the year 1813, Miss
Frances Young, of Chichester, berme a customer to the firm, and
had then entered in her name at the bank a sum of 6.4501. in what
were called the 3 per Cent. Cienols. She gave the firm of Marsh
and a power of attorney to receive the dividends in her name.
but gave them no power whktever to sell or otherwise dispose of
the principal. In may, 1815. however, an application was made at
the Bank, arid represented as having been an made in behalf of this
lady. to sell by her power of attorney, 6,1100/. of this stock. You
are probably aware of the forms prescribed by the Bank of Eng-
land in transacting the business of these transfers. The applicant
goes to the Bank, and obtains a slip of paper, which he fills up with
the name of the party in whine behalf he applies ; he describes the
stock in the Bank, the amount aced particulars required to be trans-
ferred, and the name and address of the person to whom the trans-
fer is to be made. Upon receiving these instructions in the form
inserted upon the slip of paper, the Bank clerk, to whom It is de.
livered, hands over a power of attorney, which is to Ge transmitted
to the person who is to make the transfer, for the purpoe of re.
cei- ing the requisite signature.. It is customary at the Bank to
preserve these slips of paper, bet in this instance the particular slip
has been lost, and it nanny' therefore he said to Idiom it was de.
livered, it being usual to indorse the nan:e of the party on the slip.
But the power of attorney, which wax prepared according to the
slip so made, is preserved, with die necessary attestations of the
witnesses. There must bn to these powers of attorney two attesting
witneases, wish the description of their respective names and ad-
dresses. This power cif attorney, purported to be signed by Fian-
cee Young, and that signature would be proved to be a riegery.
The attesting witnesses were John son and Janus Tyson,
clerks in the bank of Marsh and Co.. and their signatures were also
forgeries—for they never transacted any business with Mies Frances
Young. and never executed any trar.sfer of stock for her. In all
these documents it Is required by the Bank. that the date shall be
set forth in words at length. This is au clone its this forged transfer,
and it sill be proved to be In the hand-writing of the prisoner at
the bar, in all its parts. It must be 'quite clear, therefore, that the
forgery has been committed either by the prisoner, or with his
knowledge. The attesting witnesses are his clerk., wen whose
hand-writing must have been known to hint, and a forgery of which
he must at once have detected, if bronglit to him by a third party.
The practice at the Bank of England was, that, wirer: deist trans.
fen, after being duly filed, were executed, they must be deposited
for twenty.four hoots with the clerk, fur the purpose of being cons.
pared with the books, and for such other inspection and precaution
as were deemed necessary on these occasions the the security of
rnYi pro-
. so far as time and circumstances allowed. After all these pre-
minary steps, the applicant was further called upon before the
instrument was completed, to write st the bottom these words :
" I demand this power to be executed in my name," signed by the
party. On the 31st of !Bay, or the Ist of June, the prisoner at
the bar aeunded in person at the Bank, and demanded in due form
the execution of the said power of attorney ; an that here you will
have before you a power of attorney prepared in the prisoner's
hund-writing, purporting to be executes! by Frances Young, pur-
porting to be attested by two of his clerks, with whose hand-writ-
ing, 1 repeat, he must have been necessarily acquainted ; and he
himself presenting the instrument, and demanding that it be exe-
cuted in the usual manner. But sufficient as this would be to
prove the case, it is not all, for l am about to state to you, that we
have beside% a document, of a character so extraordinary, so sin.
gularly complete in all its parts, as to leave no parible doubt that
the prisoner at the bar was the party who had committed the of-
fence. When the prisoner was taken into custody in his own count.
ing-house, he, in the presence of the officer, locked his private
desk, with a key which was then attached to his watch; that key
was afterwards taken from him by the officer; and when the re-
spectable Solicitor for the Bank, who conducts this prosecution,
went to search the house in Beeners-street for the prisoner's papers.
ro ascertain whatever particulars he could therein find respecting
these transactions, he found in one of the rooms of Messrs. Marsh's

bank, in which tin cases containing title-deeds of their customers
were deposited. and on which the names of the owners were in-
scribed, one tin box without a name. This led him to examine it.

The key WSJ found in the prisoner's private desk, which he had
himself locked in the presence of the officer, and on opening this
box Wallfourd a number of private papers belonging to the pri-
soner, and among them the extraordinary document of which I
have apprised you, and winch ran thus, all in the hand-writing of
the prisoner:—
"Consols, 11,1511., standing in the name of my trusteeship.
6.0001. E. W. Young.
6.00111. Consols General Young.
6.0001. hong Annuities, Frances Young.
Another 6.000/.
Lady Nelson, 11.3931.
Mrs. Ferrer, 20,0000- Four per Cents.
Earl of Chnory, 7,00 W.
T. Owen, 9,4001.
J. W. Parkins. 4,000!.
Lord Aboyne, 6,000 L
P. Moore and John Minh, 21.0001."
This paper contained a total of sums considerably exceeding
170,0004, was all written in the prisoner's hand-writing, and these
words. in the same hand, followed, and concluded the fact of the
prisoner's guilt:—
I In order to keep up the credit of Mr house. 1 bare forged
powers of attorney, and have thereupon sold out all these stints,
without the knowledge of any of my partners. I have given credit
in the accounts tor the interest when it became due.
"May 7th, IHI6. (Signed) " H utay FACNTLIROT."
These words followed:— _ .

" The Bank began first to refuse our seeeptances, and thereby
to destroy the credit of our house; they shall therefore mart
for it."

This is the extraordinary document to which I allude, and was
there ever a record of fraud more intelligible, and yet more negli.
gently kept? There is no doubt, I think, that when the prisoner
at the bar drew up this singular and conclusive document, that he
contemplated some intention for which it was applicable. perhaps
to abscond, and protect his partners from any suspicion of partici-
pation in his acts. Ile the intention, however, what it may, it to
abscond, it was clear the prisoner had subsequently altered his in.
tension; and, at all events, nothing but unaecnuntnble negligence
could have prevented him from afterwards destroying a document
of such a nature, and so fatal to his character. The Bank of Eng-
land, in consequence of this information, proceeded to examine
the private accounts kept by the prisoner with his tinn, and they
there found that the accounts of the panics whose monies were
featidulently transferred were regularly kept up, and the interest
",.on the dividends as regularly canted to them, every half year,
as it' the original stock remained in being. In the particular ease
before you, the broker (Mr. Spurting) employed by the prisoner at
the bar sold out the stock in question to the amount of 2,4601.25. rah.
that is, exclusive of the commission for the sale, which, according
to practice, the broker divided with the firm. Thrill amount was
paid over by the broker to the banking.house of Alessr+. 31arten
and Co., who transacted business for 3lessta. 31arsli and Co. in the
l'itv, and is regularly noted in the day-book of the litter, by a
clerk by whom the entry was made at the dictation of the prisoner.
But, in further management of the accounts. 10 passing from the
dsy.bvuk to the private ledger, tilts sum appeared to have been

carried to Mr. Fanntleroy's pleats account. The general produce
was. however, afierwerds posted, so as to keep up the accounts ac-
centing to the origitial amount entrusted to the hank by the respec-
tive eustmners. You will, Gentlemen of the Jury, naturally ask
younehree, as this occurred AO far back es the year 1815, how it
happened, cent during the successive ran whirls have intervened.
the dividends c0r.1.1 have been so mareiged by the prisoner in his
accounts as to escape the detection of his partners? The fret, how-
ever, was, that the prisoner had the entire manegene re for the Linn
of their etnek.matket burbles". When the dividends became pay.
able, it was the peace ice to make out a list, for one of the partners
to g's to tire Rank of England and receive payment. These lists
were always pri.pured by the prisoner himself, and he always enn_
irked en to manage the entry hi the books as to correspond with
the nominal artiouu; of stock Intrusted to the firm by their cis.
tourers. The lest was of course so itreee nut as to make every thing
serene enteral in the manner the eirtriee ..sould hare stood had the
stock stilt existed, wed sums were always carried on to the accounts,
so as to keep up the delusion. It ue:d to be the cestoin for Mr.
Marsh to err to the Bank and receive the dividends for the fine ;
be lived in the country, and only came to town to perform this part
of the benne,* ; he was, therefore, as to all the other ports of the
arrangement entirely ignorant, and incapable of detecting the
titled. There la another fact which I think it my duty to explain
to you ; the note of the broker tor the sale of this particular stock,
which Mr. Feentleroy ought, were the transaction a bone/dr one,
to have transmitted to the owner, was rimed amongst his other
papers in the private tin hex, whirh cow 'lined the extraordinary do-
cument I have already read to you. These, Gentlemen, are the
whole of the facts, which I undertake to establish by evidence be.
fore you, again-' the prisoner at the her. I shall tint prove the
forgery, by producing the in ierunrent, and proving, by the parties
whelk names are said to be affixed to it, that the signatures are not
thews. I shall pert ;eon , that the handwriting in the body of
the instrument is that of the prisoner himself. I shall then, by the
prietection of the exile:ordinary document to which I bare alluded,
prove that he recorded the act a.his, ard from the accounts it will
be clear that they were FA contitaied by him, with great activity and
caution, as to ends the detection of the forgeries, which he alone
could have committed. Having stated these facts, I have dis-
charged my duty in behalf of the prosecution, and it would ill be-
come Erie to pronounce any opinion upon the effect of such facts.
That is your province. Gentlemen of the Jury, after you have heard
the r hole details of the evidence. Having said that I have now
eller:mrged my duty, I am persuaded, Gentlemen, you will also
discharge yours, painful as it mar be. between the prisoner and his
country, with an equal ard impartial band.
1 yson sworn, and examined by Mr. Sergeant ROSAXQUET-.
I have been a clerk 17 year,' in the banking-house of Marsh, Sib.
bald, and Co. The prisoner, whose father was a partner at that
time, entered the house in the frame year. 1807. The firm then
consisted of Mr. Marsh, who resided at Watford, 31r. S. J. Sib.
bald, Mr. Graham, who was a Colonel in the Army, Mr. Strscey,
and Mr. Fauntleroy, the father of the prisoner. In 1807, Slr.
Fauntleroy, the father of the prisoner. died (the prisoner here sigh.
ed deeply). 1 always considered that Sir. Fauntleroy was the most
active partner in the establishment. He transacted most of the
business himself. I remember the execution of a warrant of attor-
ney by the primmer in 1815, for the transfer of stock, which stood
in the name of Franco Young. of Chichester, in the Three per
Cent. Console. Miss Young was a customer, and banked at
Marsh, Steamy. and Co.'s (a document was put into the hands of
the witness). This is a warrant of attorney, dated 21st of May,
1818, for the transfer of stork front the name of Alin Young to
that of Mr. Flower, a eteck-broker. It purports to be duetted by
me, and another rink in Marsh and Co.'s bank. It is signed "J.
Tyson ;" and alter the signature " J. Tyson," arc the words
" Clerk to ,Messrs. Marsh, Sibbold, and Co., bankers, 'keret*.
street." The handwriting is not mine, it is that of Mr. Female-
roy ; I hare no douln of it, as I have been accustomed to see him
write daily and hourly, for years. There is also the signature
" 11. Fauntleroy" to the power of attorney. It is in the hand-
writing of the prisoner; it is signed " H. Fauntleroy, Banker.
Ikrnernstreet," as attorney for Miss Young; the prisoner then
lived in Beniernstreet ; the power of *Homey is for the transfer of
6.45 W. stuck. There was no other James 'l yson, a clerk, in the
Bank.
John Watson sworn, and examined by the ATTORWTY.O2-
wetted. -I have been for 25 sears a clerk in the banking-house of
Marsh and Co., and up to the failure of the house; there is no
other John IVatson, a clerk, in the house. I see the signature
" John Watson," and the words " Clerk to Marsh, Sibbald, and
Co., Bankers, Bernernstreet." upon the power of attorney, which
is now out into my hands ; it ie the handwriting of Mr. l'auntle.
roy. Ido not know Miss Young; my signature is put to this do.
eument as an attesting witness to the execution of the power of
attorney. I slid nut see Men Young sign the document, as my
ettestation purports. I see it is signed tr Frances Young, 1815."
The signature and date are in tire prisoner's harnwritine. I see
the demand tie the trensfer of the stock ; it is in Sir. Fauntletoy's
handwriting. The signature to the dernmel, " 11. Fauntleroy; "is
the handwriting of the prisoner. The words, " I demand the trans-
fer of stock from Frances Young to Fhneer, Gent, stock-
broker," de. are the handwriting of 3lr. launtlerov.
Robert Browning. the younger, sworn-I am a clerk in the Bank
of England, in the Three per Cent. Coneola office, and have been
for 20 veers. I are this power of attorney now put into my hands,
dated Ist June, 181 e. My name is upon the document as the sub.
scribing winner. I remember the prisoner bringing the power of
attorney to the Bark, and ffiniandirg to act as attorney for Miss
Young. I see mite words C. I demand to act," they are written by'
the prisoner. and his signature is affixed. I saw the irrisoner write
the words " 11. Faurolerev" to the demand. and my signature fol-
lows as a witness to the demand. I ram sure I saw the prisoner
sign it. Ile MT94O tire demand, oral signed it in my presence in the
6th division in the Corinth office.
Mr. Justice PAR L-Tbe sixth division, what does that mean?
I don't ur.der'tsnd it.
Witnen--The office businrn is iliaideil into different depart.
mer.ts. I have the Bark book in *filch the transfer of Consols is
entered. By referring to the day in question, the Ist of June,
1815, I found an entry of Coned' in the name of Miss Frances
Young, of Chichester. On that day Min Young had the sum of
5,4501. 3 per Cent. Consolidated Annuities standing in her name.
I have seen the book in which transfers of stuck are entered. I hold
it in my hind.
The ATTORNET•G vita AL-13rfore you look at the transfer.
book, say if the amount of stock transferred, entered in that book,
is signed by the person transferring it.
It is always signed by the person making the transfer.
The ATTORNEY-GENERAL-Now, Sir, see it there LI an entry
in that book of the transfer of 6,45 W. stock from Miss Yonng to
Flower, stock-broker, on the Ist of June, 1816, and if it is
signed, and by whom ?
Witness-I find an entry of 5,4501. stock, transferred from the
name of Frances Young to Flower, Gent. stock-broker. I
find the name of Henry 2 auntleroy, as attorney of Frances Young,
spinster, of Chichester. The date "the Ist of June," and the sig.
nature, " H. Fauntleroy," arc the proper hand.writing of the pre.
sorer, and were written by hint in my presence. My name, as the
attesting witness, is written in the margin. The name of the
broker appears also to the transfer, thus-" Wm. Flower, Stock
Exchange."
Sir. A Lett-You swear you saw the prisoner write the demand
and sign it ?
Witness-Yes, I do.
The Counsel for the prosecution proposed to call evidence to show
that the Bank had replaced the steel( of which Min Yoking had
been defrauded by the prieoner's forging the warrant of attorney ;
it being absolutely necessary to drew that she had no interest in
the prisoner's conviction before she could be allowed to prove that
her signature to the warrant of attorney was a forgtry.
The ATTORNEY-GENERAL then called the following witness:
Robert Beet sworn, and examined by Ale. Sergeant BOSAW.
Qt:ET.-I am Secretary to the Bank of England. and now produce
a book containing the orders of the Directors relenve to the sale and
transfer of stock. On the 21st of October an order was made by the
Directors to purchase 5,6591. 3 per ('girt. Consols, and place it in
the name of Miss F. Young, of Chichester. The order of the Di.
rectors was confirmed on the 28th of October, and the entry of that
order is inserted in the book I produce.
iThe -item commenced reading the preamble of the order,
stating, tr that whereas certain stock, to the amount of 5,5501. 3 per
Cent. Controls, whirls stood in the name of Frances Young. of Chi-
chester. spinster, had been transferred by means of a forged power
of attorney, de. that the Directors had resolved to replace the
same," del
Mr. 0 uaKET took an objection to the reading of the preamble
of the order.
Mr. BRODEXICZ also contended, that it was rot admissible
evidence, though the minute of the order of the Court of Dinettes
might be evidence.
Mr. Justice PARE said, that the minute of the order of tare Di.
rectors might be read, but he was of opinion that the preamble was
Res legal evidence.
Witness continued-The entry of the minute is in the head.
writing of Mr. Watson, clerk in the Bank. The original order
Is in the hand-waiting of the Chairman of the Court of Directoes,
and the any is a copy. 'fire order was confirmed or. the 26th
of October. I read over the minute to the Court of Directors,
and they confirmed the order in my presence. An order was
given to the stock.broker of the Bank to buy 5,5501. throe
per Cent. Consols ; in pursuance of this older of the Directors,
the stuck has been bought, and placed to the account of Mies
Young.
Benjamin Cale sworn, ited examined by Mr. Lew.-On the
22d of October I was applied to, to make a purchase of 5,1501. in
the 3 per Cent.Cionsids, in the name of Sties 2'. ]bung, of ('inches.
ter, on the part of the Bank of England. I made the purchase.
The cash I paid for the stock was 4,812!. 10s., and it was trans-
ferred to the name of Miss Frances Young. of Chichester. I after.
wards received an order from the Governor of the Bank, to pay me
the amount which I had paid for the stock : it was signed try the
Governer. I produce the stock receipt, and the Consols are
transferred front the name of the Accountant-General to that of
Franck Young.
Mr. Browning, the Clerk to the Bank of England, was again
called, and stated-I produce the ledger in which stock is en.
tern!. Mies Young has credit for 4.5501. Consolidated Annuities.,
in the stock book. The entry is made on the 22.1 ef October, 1824.
Mr. Janice Peas.-This evidence does not affect the merits of
the case; but it was essential to render Miss Young a competent
witness. Had not the stork which it • alleged she has been de-
frauded of been replaced, she would have had an interest in proving
that her sienature to the power of attorney was forged ; but the stock
being replaced in her name, she has no interest whatever in the
convictiose
Mr. GUM NET here rose, and said that he will had an objection
to snake to the evidence of that lady. Ile did not deny that pr. of
had been given of the Bank having replaced the stink, but
no evidence had yet been given that Miss Young had re-
ceived the dividends from 1816 to the presmt time; ern till

that fact was proved, he contended that she wu
potent *Ones, t became it was her interest to prove I
that she might be enabled to recover her dividends of th
The AtTnitwEr-I;ENERAII. said, that he should
the dividends bed been paid. •
Mr. Frisihtiehl, the Bank Solicitor, proved ths
power of &corm,. transferring the sum of 4350 f. 3 ,
eels to !Atha F. Young, on the 22t1 of October. Ile
the execution.
The irst-umeont was read by the Clerk of the Areal'
Mr. Justice Pane now decided, that the Cc
pmeerution were eutided to call Miss Young, if
proper.
31iss Frances Young swoon. (This lady seemed t
ingly agitred as she entered the rime:r-box.)
I resided in Chichester in the year IttlS, and Mews.
bald, and Co. of Bernen.street, for! my hankers.
18111, I hid the sum of .Sl?til. ettsek In the thte4 per
Alessrs. Marsh and Co. received the dividends for me.
further sum of Mt a short time suer. I received
and Co. regularly the dividends of :ALM up to the I
made the lost purchase, and efts,. that time I receiew
upon 554i11/. 1 never authorised Marsh and Co. to eel]
the stock tor we 4 I never authorises' the primate t
Err of it. IA paper was put into the hand of witness.
signature, •• Frances Young," to this transfer ; it is
writing.
Br the JUDOC-1 never gare authority to any one
stock.
By the Avronwr. Y-GENEUAL—I was not in London
nor June, MIS. I was in Chichester.
Mr. James Tyson, clerk of Marsh and Co. again c
Mr. Sergeant Itos•xlatJET—lt was usual fur Mr. M—
nior partner in the bank. to go to the Bark of England
the dividend. Mr. Marsh lived in the country, and
to London for that purpose. It was the practice for
dividends to be made out, and fur Mr. 3larsh to
Bank. The list was usually made out by .Mr. Ft
feet. I believe he always made out the list. The I
the names of the panics to whom dividends were
sums they were entitlei to, and which Mr. Marsh wi
(a list shown to the witness). This if the list of the .1,
in Consols, in 1112 e. It is indorsed by Mr. Fauntlerny.
stMer at the bur, •` thus " 3 per cent. Consols, July, 102'
*race', and CO."
By Mr. Justice PAIK—I am positive the indorsement
'prisoner's hand-writing.
By Mr. Sergeant BOSAWCWET—The list contains r
rums opposite to them. l'he whole are Inman by 311
The list Is alphabetical. The red figures are in the
of the Bank Clerk. In the list end:, the letter Y.
name " Franca Young," and the sum opposite the
When Mr. Marsh received the dividends he paid
Fauntleroy, who kept an account.
ATTORNET-OEWEIAL—You hare the book in
COunt of the dividends was kept ?
Witness—Yes, I have.
A TTORSIZT•tiENERAL—Fy whom were the dividends
1624. entered into that book ?

IVitness—The first 24 names were entered by Mt
the remainder by a Clerk in the Bank.
ATTOIVEY-GSNLII4L—Is the name of Frances
of the 24 entries?
Witness—That name stands twenty-third in the list.
ATTORNEY-GENT:RAE—heard the entry.
Witness—France• Young, 5,350/. Consols—Dividend,
AvionsEtr-gr !tweet —Produce the book cant-.
count of the dividends of 1813.
Witness—l have that book.
Avronmer-fiewsitat.—Refer or the July dividends
Witness—l find an entry there F. Young. Consols
Dividend, 731. IPs. lid.
ATTOll44'.lr-GEWERAL—Produce the book
1810 dividends.

Witness—l find an entry in January, 1816. There
and sums. The three first are in Mr. Fauntleroy's hr
the rest are written by the clerk. Ido not find
Voting in the names written by Mr. Fauntleroy
Young, written third in the lint of names written
and the sum opposite to it is .1,45Ud.
The witness then went through the different books.
the lists of dividends had been regularly entered b:
leroy every quarter, as they were paid, and that he M....
cognizant of the forgery by which the stock was transferred.
ATi•OIINET-GESERAL—Refer to the daybook, i
entries on the lit of June, 1815.
Witness—l have the book, and find several entries.
A vronNET-Gkirtizat—ls there one entry of
2,9681. 2s. 6d. ?
Witness—There is.
ATTORIttIr-OENERAL—To whose credit is thot
Witness—To the credit of H. F., meaning Mr. Faun,
ATTORwar-OENERAL—There is an entry of 3,9951.
there not ?
WitnesS--thire ia.

ATTOaNET-Otatl At—And between the two
hare memionad there is the sum of 401. inserted, makine,
together, the sum of 2.9431.25. 6d. to the sum of 2,9931.
Avroax Er•Gt Eaat.—Produce the private book at
and Co., and refer to an item of the date of June 6th.
Witness-1 find an entry in Mr.tl rattan's hand-writing, cn
in the name of Ryan. There is an erasure in the 7 • item.
the same line. The items June Ist, 2,9431. 2a.64.
are in the handwriting of Mr. Fauntteroy, and also
2,9931. 2s. M. which is planed to Mr. F.'s account.
Mr. Justice Patty—i) sat the book into the hands
their inspection.
Cross-examined by Mr. Ounarxt —nil money
credit of Mr. Fauntleroy, in his rrisate account.
very large: to the amount of 50,000/. I don't lnsw whether
lay found its way into the funds of the bank, as that
panels themselves; I don't know whether they were
Mr. Faunderoy's account ; Marten and Co. were our
they received this money ; Mr. :ftrarry would know
was applied to F.'s account or not, but the clerks know
it. It was the custom to make entries to initials. W-
indt-red to make an entry of them in the ledger.
'The ledger wu now handed to the Jury.l
John Henry Spurling called by the Axxonfes2
In 1915. I wu clerk to Mr. Soloman, who was at
Marsh and Co. On the lit of Jane, I sold out the.
Consols fs,r Mims Young, of Chichester. It is entered
The amount of the money produced by the sale was 2
Then deducting one per centoge, there was left 2.950/.
amount was paid on the Ist of June, with my draft, r
of Marsh and Co. at the bar.king-house of Marten'
livered the note of" the sale to Marsh and Co.
The note of sale was now put in Ind read by Mr.
Samuel Plank called—l am a police-officer of Mark
office. I apprehended the prisoner the 19th Ferember,
ing-house, Berners-street. There was a desk in therm.
prisoner was. which he locked after I went in. Ile knew
to apprehend him. The key with which he locked ir
his watch at Marlborough.street. I delivered it to.
I went with Mr. Freslitirld after to the banking-house,
the desk with Mr. Freshtleld. There was a private d
desk, and from it I took some more keys. There were i
and they were brought away by me. The prisoner wa
that day. The keys found in the desk were kept in in
till after the elimination. When I went, after the exq
the banking-house with Mr. Freshfield, we found
" Fauntleroy" was on one of then I tried them sr;
and they opened hem; alter that I locked the bores,
the keys to Mr. Freshfield; the boxes were taken
Frashfield, in a coach.

Mr. rreshfield, the Bank Solicitor, watt pow called—,
the house of Marsh and Co. with the alien, the day
was av 1 rehended ; 1 made search there. texcivit
Plank the officer ; it opened the private desk of the p.
the desk were found some other keys. After the exam,
turned to the banking-house, and in a room at the
partners' room, I found two boxes one had the name
Icroy" upon it. There was another box by it. 1 "
err to try the box with the keys, that I might not
any other person than the prisoner. He did so; and
the papers that it belongoil to the prisoner, 1 took it h
In the course of the same night I went through the
and half of the other. One contained a number of
of wills, letters of administration, and official documents.
other, there were a great nntuber of memorandums, and
also, the sale note produced. 1 found also the paper '
(the paper slluded to by the Atturney-General
speec Mrh).
. Tyson, the clerk in the house of Marsh and 1/4
the usual method was to put the sale note on the file.
into a book by one of the clerks.
James Kirby, another clerk in the hoes., stated,
searched the books of the house, and found none of the
stock had been entered. The- would have been so
mune of business. •

Mr. Watson was re.eiramined, to prove that the
the boa RSI the haad.writing of the prisoner. 'the
put in, and reau by Mr. Clarke.
Mr. Janice PARK—Prisoner. the ease on the part
cution being now closed, and your Counsel having ,
witnesses ; they not being permitted to make a ores
you may, if you wish, say anything you thick proper
or to Me.
Mr. Fauntleroy then rose. and drawing a paper
said, with a sorrowful and dejected air, " My hoed,
ble you with a tew words.' Then, wiping away
forced itself down his pallid cheek. be proceeded, i
and sometimes hardly audible voice, to the following,
DEI.'ENC
My birds and Oentlemen of the Jury,—Oserwhr
by the situation is which 1 am placed, sod being
what manner I should answer the charges which hate
against me, I will e-idesvour to explain, WI well as t
of my feelings will enable me, the embarrasments of
house in which I have been for many Tears the act
responsible partner, and which have alone led to the
tigation ; and although I ant aware I cannot expect
from the obloquy brought upon me by my sasicty to
credit and tespeetability of that firm, still I trust that
narcatiee of the occurrences will obtain for me the cam
the well disposed part of the conimunity.
A ntiziptiting the Court will euelid is indulger.ce
respectfully submit such observations as I think I
move front influenced minds those impressions, which.
I say, matt have been mods upon them by the cruel
mancerin which the public prints bare untruly dentinal
my Life and condu:r, baying therefrom I may dome •

. . -
nu an imam.
ye the forgery'
If the Bank.•
old pri...s tha-.
•
. execution of e
1 ptr Cent Cern. 1'
3 was present AZ '
raigrs.
:odt ten for the
' they thoegb:
I to be exceed-
She crated_
i. Marsh, Sib.
1 . '
, In the year
't tat. I:o”seit :
'
e. 1 elearted it I
d from Marsh
paled when I
wed a dividend
sell any part 4
i make a Mon-
*Ll I tea ale . .
a sot my MS& .
•
t to transfer tim
totidon in Mere
I examined, Lf
).
Mash, the io-
(land tc receir . I
.1 usually eam::
it a list of the '
a take it to the,
5
Fanntlerey ; is
list contained
e due, and the i .. •
was to receive
t J..ly dividend
leroy, the poi-
, 1114, Mush,
esculent la tie
ns names, ern'
dr. Fa:intim) , -,
tl
c hat -'.•wridi , I . 1
, is inserted .
: name is kdlit
1 them to M.•
ii which the
ac-
1
idends of Job.
fr. Fauntfeney, , P '.'_.
a Young in one
' ... .. .• . •..
list. ~: • .
dend, C3l. is.
.. •
otaining the sc. ~ . ,
idends in ISIS
Consols 5,414.
containing the
t• 5
rhere ere names
i hand-writing ;
the name of I%
r: the name r. ,
ea by the clerk,
.1. showing that
by Mr. Faun:-
must have Lee:.
itsferrerl.
1 '
c, in which ace
•
es. i
if the sum cf
t sum placed r i
Pauntlettry.
,9931. 2s. dd. 311 I I tl
we entries you i 4,1
eking- if added I ' 11
MI. 21. 6d.
hook of Marsh A'.
kh. 4
-writing, of C:. .t.
it next item, :,t i
.64. and the 44::.
also the item of
. ; 4
~
i of the Jury, I‘e
• is placed to the .
The sums are
whether the me-
t
n I rests with the • '
•
sir city baukers ;
iw whether this
know nothing of
We were merely
1 •) :4:1
!T.OZWZIAL--
stock-broker to
he NM of Som.
:red in the book.
'
as '2.656/. fr..-- • a ' '•
1501. 2s. &I. 'lke. a '
t, to the account .
• 4 .
n and Co. I de-
'l
~,
.11
r. Clarke.
irlhorouch-ovect s '
ber, at hie bark-
leroom where the .• .•
knew I had coins
d it. I took froth i
3 Mr. Freshlield. •
use, and searchei ~
ate drawer in the
✓ere papers *:ices,
✓ was examined
' I .
in my penman:ma
' e examinatios. to 1
end two boxes..
•
I. with the keys,
vs, and deduced
a away by
sti
tiled.—l went to
day the prisoner
rived a key hum
he
he prisoner : is • • ..
.xamtnatioti I re-
t the beck of the
.iir.e of " Falun- .
1/
desired the e-
t take the box of
end finding trona ~. r
it home with ale.
he whole of one.. 1I 1
r deeds, probate*
.11131.1211. In the i
e ,a
s, and diaries ; ~
ieper I now hull ;4
in his opening
d Co.. said. that
1 . •• i ale. It is copied
id, that he ka4 i
if the transfers vt 4 .
..,li -.
so in the regain*'
4
e paper found
!, A ~
• paps WCtil CloW
t • .
part of the prow.
op examined the
speech fur you, I •
roper to the Jury 41
from his bosom,
.ord, I wi'.l emu. i si
ay a tear wniat
io • very low, '
Y , ,•
int effect i—
rhelnird as I so li
g uninformed in
ate been allaguil l -I .
~ •
as the poigneecy f I • •
of the Reeking- ..
active and eddy {
he present wives.
net to free myself
ty to pc:verve tbe ,
a . J that an impartial,
commiseration of
cc to mo. 1 will -g! I
l will tend to re- '
lick with sorrow I:
r%•l end illiteete:
Idled an blamer of
rte your compact.
. J
k• , •- .
•
•
~it
r • 7
.ri"

,11

. .
Akltemsh I may be unable to justify my proceedings, and se-
ftWelll7 liberation, by a verdict of the Jury, yet they way be *mai-
eicted, to the mercy of the Cowl and a discerning public, as some
eatennation of the crimes with which I stand arraigned.
%Yids this ofifect it is necessary that I should first state, shindy the
ciseimistances under which I have been placed during my co:me:ion
with Marsh and Co.
bly lather established the Rankine-house in 1792, in conjunction
with Mr. Marsh, and other gentlemen. Soule of the partners re- 1
tiicu An 1794, about which titer a loss of 210,0001. was sustained.
titre :commenced the difficulties of the house. In 1726, 3lr.
tStricey anti another get.ticelaa came into the firm, with little or
no augmentation of capital.
In 1800, 1 became a cl:nk in the house, and continued so sir
years. and although dining that tune I rceetvuil no salary, the firm
were PO well satisfied with n:y attention and zeal for the interest
and welfare of the establishment, that I was handsomely rewarded
by thou.
in 1807 my father died : I then since:sled him ; at this time I
was only 22 years of mice, :aid the while weight of an extensive but
needy barking tatablislinient at once devolved upon me, and I found
Ow concern deeply involved in advances to builders and others,
wbich had rendered a system of discounting necessary, and which
we were obliged to continue in con:se:pier:cc of the scarcity of
uut-
ney at the time, and the necessity of making further advances to
those persons to secure the aunts in which they stitorl indebted.
bt this perplexed state she house continued until 11110. when its
embarrassments acre greatly invested, owing to the bankruptcies
of &idles:Wand others, which heought upon it a madden demand
fee no has a sum than 170,11001. the greater part being for the
ante:int of bills which our Neese hod accepted and discounted tin
these patties, since become bankrupts.
altraut 11114, NIS, and 1316, him, the speculations with builders
and heteimakers, hr.. in which the house war engaged, it was
call 1 upon to provide funds to near 100.9109/. to avert the hisser
wt:X .5 would otherwise have visited it limn those speculations.
In 019, the mine reversible of our Partners died, and we were
alla3 upon to pay over tlw aniount of his capital, although the
1:••1 .1 resources of the house were wholly inadis;:tate to meet
k cicr re)ment.
During their nun: aunts anti trying difficulties the house was
early without resonrces, and the whole burthen of management
; tiling upon me, I was driven to a state of distraction, in which I
,mold inert with no relief from my ruiners, and, almost broken-
IWATfra. I sought resources where I could, and an long as they were
ge:cet: d, and the credit of the house supported, no 'equines were
myth, sither as to the manner In which they were procured, or as to
the SO‘Ocrl fm,n whence they were derived.
In the midst of these calamities not unknown to Mr. Stracey,
fir quitted I::nglautl, continues iin France, on his own private
business. for two years, leaving me to struggle as well as I Could
with de m:Attie:A almost insurmountable. . .

Having thus exposed all the necesiatice of the hotter, I declare
that all the monies temptwarily raised by me were serial it, not in
cue instance fur my own separate 'ramose. or expenses. but in
every case they were immediately placed to the credit of the house
in Iterners.etreet, anti applied to the payment of the pre vein;; ile-
matele upon it. This .art dues 16,4 rc'.t on my assertion, a. the
transactions referred) to are entered in the books now In the ;wises-
BEIM of the assignees. and to which I hare had no access since my
apprelteneion. These books, I understand, are now in Court, and
will rantinn the tenth orl my statement ; and to whatever account
all the sums nay be entered, whether to that of Stock, of I:xche.
Vier Bills, o. to my private account, the whole went to the general
funds of the banking.hoese.
I alone hate been doomed to sutler the stigma of all the trans.
aztions ; butt, tortured as I hare been, it now hermits an imperative
duty to esplsiti to you, Gentlemen. sail through you to the world
aniaree, that the vile Seettlitiolii Mame' upon me, known to be
utterly false by all dime who are best nopiainted with my private
life and hare..., hare been so heaped upon tee for the purpose of
loading me with the whole of the obloquy of those transactions,'
from *t ell. find mom which alone, my partneri were preserved
from bankruptcy. 1 here been accused of rimes I never even
contemplated. and of act, of preen:my I never ,vmmittcd ; and
1 appear a: this bar with every prejudice against me, and almost
prejudiced. To suit the purpose-it of the ;tenons to whom allude,
I have been represented as a man (if prodigal t etravagane^ ; pro-
digal indeed I t have been, hail I expended those large bums
which will hereafter be proved to hare gone exclusively to simnel t
the credit of a tottering Mee the miseries of which were greatly I
means/ ad by the drafts of two of its members to the amount of
near Intengttf.
I roatnunned bit two eetablishments, one at Ilrighlon, where our
mother awl my seder resided in the srallyla—tbc expellees of which '
to me, reclusive of my wine. were within 41111/. per annum. One at
Lambeth, where thy ton children lived, front its very nature, Pri-
vate and ineepeneire. to which I teenrted for retirement, after many
a day misled in devising means to avert the embarrassments of the
banetng-h dwelling.hisuse in Betner's-street belonged
solely to me 'timber, with the exception of a library and a single
bodmeurth Tine was the extent of my expenditure, ao far as do-
mestic expenditure is concerned. 1 am next accused of bell gan
babeeniganitilve, nit aevusatian which, if true, might easily account
fir the dttaiton id the property. lam indeed a member of two
l labs, the Albion, and the Strattord ; but nave in my life did I
play in either, at card, ur thee, to any game of chance ; this is well
known to the gentlemen et these clubs—and my private Irked,
with whom I ounce intimately associated, ran equally assert my
freedomfrom all habn or diepositian to play. Ii has been as
cruelly 'natal, that I fraudulethly invested money in the funds to
toile= tee payment of annuiriee, amounting to 2,200 f. melded upon
t emales. I never did make any such investment twilit= at Itente
tor abroad, in any funds whatever, have I any invistittent ; nee
es there Otis eldUimg secretly deposited by me in the halals of any
hentars being. leimally ungenerous, and equally warned is, to
altar's me with having Met to louse and disorderly pen one large.
Linn Cud' never have, and never will be repaid. I lent no stone '
bat to a very trifling amount, and therm were advanced to valued
friends. I can, &teatime, at this solemn moment, theism. moat fee. I
licitly, that I Lever had any advantage beyoutl that in which all
my p.etnera participated in any of the transactions winch are now
guationcd. They, mitten!, Wive temeidered themselves as partnere
tely in the profits, and I ant to he bitahened with the whale of the
oaprobrium, that others nutty consider then as the victims of my
extravagance. I make Ode stateinent, not with a view to etrinritillio I
Cheri, or to exculpate myself; bins borne down as I am by
in-
!amity, I will not convent to he betel out to the world as a cold.
blooded and ebaritioned itrottigated, twining all anent me for the
sillieh gratification of vice and sensuality, stud involving recta toy
st.e.fiding partners in the general destruction.
lientlenven. I have frailties and erten, enough to account for. I
hive sufferings cuough poet, present, and in pmepect ; and if my
lee was ail that was required of me, I might endure in silence,
t 4:1 I will not endure the minim on my maniwy, of having
N to pamper delinquencies to which I never way addicted.
'Ties much has been extorted from me by the fabrications which
have been cruelly spread amongst the public. that very public farm
*mom the arbittes of my tate were to be selected. Perhaps, how.
ever, I night to th.ttlk the enemy who liemegal the peison with his
slanders--that he diet so while my life was ',pared to refine them,
and that he waited slut until the grave to which he would hurry me
had dosed at once en my answer and my for asellese. Tonne is use
4'st-um* more constant with these charges to which I atii amiyellrtt
tr advert, and I sit, so with great reluctance. I, hne been added to
the other chatges Made stAillist nit, lest the world should think there
was any vice in which I was not an adept. I have been accusal of
acting tnetehermisly towards the female who now hairs my name,
baying refined to make reparation until threatened by her brother,
sad it having darted her at a moment when she had the greatest
ahem on my protection. lielicae7 to rbids me entering into an ex-
filliaation en this subject further than to &elem. itiat the condua I
adopted on that occasion was nninlinenced by the interference of
any individual, and arose, as I then considered, and do will con.
ei‘er., tram a laudable stud honourable reeling on my part, end the
lady's brattier, so tar tram coming for 'Jed at the time alluded to,
wax on wrier iu the West Indic*. eoulit all the circumstances be
exposed, I feel coutineed that retry illefral-litintled man would
ontend my determination, s^d I fief satisfaction in stating, that
the lady in qaestioa has always bite, and still is actuated by the
best of feeling* towards me. I have row 'sly to apologize ta the
Court for having entered in intieb at length into the waseatent of
to ualonunate case, and bi conclusion I have to express in, per.
feet confide:tee, that it will receive every fay.eiratil r consideration at
your hands ; and 1 fully rely that you, Gendenien of the Jury,
tell g.ve en it tpartialand.nierciful deacon.
The Petsorer having conchitted his addreas, wit down, evidently
wthatisted by thi• (tort and overartine by hie folmgs. A glass of
aster was brooeht hem of which he took a little; and wide the
itroctitei to his diameter War rtamining I. leant his head on
hie band, in a Melt he milli held his hoodkerehief in a manner to
e.t.a los hag. ns if uowilling• to be seen lip hip runner freents.
t times *tale they were giving their evidence, he eine:nal to
weep.
folleming witnesses were called to the pristmer'e character,
andeitanined by Mr. Oo•es :

Mr. John Wilson knew Mr:Eituntleroy about Ili years. during
Vas whole of which time lie maintainfil an unopotted character; be
always cn..! !i.•„ him a thc strictest integrity.
Ste Chard, Forhes had known Mr. Finintlenty *I nut 12 years.
ash always considateil Itim an honourable and obliging gentkman.
aid an upright mart of husinms.
4k. titer knew him lk years, and always considered him
dr-
Mlidie of the highest esteeui and respect.
• Mr. Bolt knew Mr. Fauntleroy 27 years, 'and always exteett:cd
lkiw a kW, an bo.tourable. and upright man.
Mr. Janim itoht.,on knew hint II years, durint: which time he
anaintairsed as high a character as a man could pumas.
SlTagd was ariptainted with Mr. faiintkeoy 11 yeses, Isis
dierager VAS mint extellent.

kir- bind•ey knew Ur. FasintLem IA or 12 year, ; he did not
know a man who appeared to possess tome kind or honotoatido
I,'e_bo2••
_ .

- hit.itathony Browne was acquainted with him It: or 17 tears,
died always entccanned the highest opinion of his honour and In-
teotty.
Ar. Wyatt had known Mr. Fauntleroy 12 yeas, he was a most
houottrable, kind-hearte.l. and benevolent man.

Mr, Mor;tresl- knew Mr. Fauntleroy 12 year'', hr was a most
basevialent smut, end had the highest character Mm r luen?).
Ala Montero, was acquaint wash Mr. Fauntlerov upw :rile of
Id 70141, sad u. cer kasw a more kind-hearted and humane man.
-- • meet cacelleut.
acquainted with him 1G years: he elwsys had
Ipared to be a very kind, and a very honour-
. Fiuniderov fourteen years ; he had the
hienouralhle and upright.
Mr. Fauntleroy twelve years, and had mach
Jle was always sua dr honourable ainil upright
leatiewetions witla "dame, and had universally the cha-
-st integrity and honour.

Mr. Yarnell was acqueinted with him twelve years, be always
messessed 'character id the highest excellence.
asedosei was to ,eiatited with Ale. Faulkner, fifteen years,
and always considered lout a perfectly honest acid honourable
.at ten miens,' after two o'clock. Mf. .14crsTrele PARA enwn
menceel his charge to the Jury. The pillager, he said, was in.'s,-
ell for forgiega power of attorney, for the 'tender of stock belong-
ing to Ibis Frences Young; an fur uttering such rawer of at-
torney knowing it to be forged. There were whew counts in the
indirtment„ charging the primate with an intent to defraud the
!lank of England, and also a Krum of the name of Flower to
whom the tranafer wan made. The forgery they might put out of
their consideration, as there was no ev Weise of its having been conga
milted in laeolon : and they, as a London Jury, could not try
a prisoner fur any cents not committed in the city ; blot if tl•ey
should think that the count which charged the, prisonet with alt.
tering the forged pester of attorney at the Bank of England, which
was in the (ley of London, knowing it to be f;ifeg. finding him
guilty run that count, was the Mine in its le Oteta as if he
were found guilty on all the counts in the it ilictnsen.
prisoner, in hes shires. to the Jury had mentioned a subject, wlOlll
at all ti 4444 w gave hint, (Mr. Justice l'arkn greet concern. and on
%Thiele lie would, at whatever peril, expects his opinion as often as it
occurred. It was truly painful to bear persona in the prisoner's
complaining of the obloquy they suffered from nosepee.
wreathing in the public prints. Such crud conduct was calculated
to bring the minds of Jurors to form a bad opinion of the person on
whom they were to pass before they heard the evidence ;
and if Audi cruelty towards the primmer had been confronted, he
was night to motion it, and eleelare its falsehood. Ile hoped, and
was confident, the Jury would pay no attention to any thing they
had ever heard respecting the prisoner's conduct before they took
the book into their hands, by which they bound themselves. before
to deliver a true verdict, according to the evidence. No man
could be lit for the administratson of justice who allowed bitutielt to
• influenced, or paid the knit attention to any reports he m* ht
halve heard before a prisenter's trial. If a prisoner were in resdit,
the toot wicked person io the world, unless the evidence was suffi-
cient to tocsin him of the crime of which he was charged, a
Jury would be bound to acquit him. The law did not In any use
admit witnesses to bad character, but only to good, and no man
prejudice. The Attorney-Besse.
should be injured by re' trts to his
r 1 and the prisoner had both celled on them to dismiss those re-
pss from their mind ; and he, Mr. Jus•ice Park, had allowed the
prisoner to proceed in the statement be peel made in answer to those
cruel charges though that statement did nut go to all to the point of
the ease to be decided, as the only mienion fur their considora.
lion was, whether the prisoner uttered the power of attorney
given iti evidence in the manner imputed to him? Tbat question
contained there points : the first was, was that instrument forged ?
the second, did the 'silence utter it ? the third and inns lame-rant,
did the prisoner at the time of uttering it know it to be forged ?
If they were eatistieel by the evidence that those duce things were
peeved then the prooner's guilt was legally proved,
t and It would
bet heir duty to find a verdict in coilititeity with hat evidence.
On the first point, via. was the instrument lunged ? By the law
of 'England, a 'Arson whose name was forged to an instrument, in
which they had an homed, could not be a witness to prove the for.
gerv—it was a strange rule of law, hat the Court was hound by it.
Aliss Young. alms..? name was fOrged to the power of temey In
quevtion, under which Iter stock had Leen trinaferred, could not
theretore be called to p 44 ve the forgery. Lett the Bank of England,
to qualify lice for being a witness, had replaced her stock, and they
' list executed mutual releases to each other, by which she ceased
Ito hare any interest in the question, whether that ilistruneerft was
a forgeny, or was genuine. She bad proved that the rens, signed
Frances Young, to the power of attorney produced, was cot her
hand.writing, anal that sloe hid never authorial any person to
write it; and Janne Tyson and John Watson, clerks in the Bank
in which the prisoner was a partner. whose names were both signed
to the instrument as witnesses of hie/trillion YOUTIg, lied
proved that their names were not in their bas writing, and that
they haul never seen Miss Young in their lives, till they sate her at the
police.oflice, after the prisoner's apprehension. This rue es strong
evidence that the instrument wee a forgery as could be produced,
and must he sufficient to satisfy every mind. The next point for
their consideration was, did the prisoner utter the forged instru-
ment ? It wet stated in evidence, that, by the practice of the Bank,
the names and description of persons, to wham powers of attorney
for the trans'.r of stock arc given, intuit be stated to the
Batik, and that the person so appointed vault go to the Bank,
and demand to act under the ',cheer he has received. It
was proved, ti:., tee prisoner had uttered the power of uttor.
produced, at d had demanded to act under it, and bad been
allowed by the Bank sit to act, they supposing it to be a genuine
power of attionee, and that !Iles Young a MOCk head in conse-
quence been t ushered by the primmer a direction: this sea as
strung a proof of uttering as could well be conc"ived. The third
point vol., did the prisoner, at the time of uttering, know that the
instrumeet was a forgery ? On this an obserrateou arose on the
face of the perry itself. Tyson and %Fatten, whose names were
sultecribeel to it as witnesses, proved that the causes were nut in
their hand-writing, and that the words stating the inatrumeut to be
executed in their presence acre in the hand-writing of the prisoner,
therefore be must have known it was A forgery at the dine uttered
it. It was also proved, dint although the transfer of this stock tutuk
place in 131 n, the prisoner, gin the purpose of concealing that
fart, centimesd to give IP nut Young credit for its amount, in lists
of stock on which dividends were to be received by the bank iu
which he was a portlier, and which lists he made out, clown to a
short time befere his apprehension. It was also proved, that there
was an entry made in the Looks the bank In which the prisoner
was a partner, end in his hand-writing. doted theist ofJunc, 181 b,
in which he took credit fir :SJ(.3.', paid by hien that dray Into their
Bank, and it was proved by the stock-broker who had auld alias
Young's stook for the prisoner, under the forged power of attorney,
that the sale was made on the Ist of June, tills, and that the pro-
duce which he mitt over to the pi isence on that day, was 2,9h31. the
' very rune for whaele the prisoae.- lead taken credit in his own books.
Mr. Ileum', the prisimer's counsel, had asked on this evideuce,
whether the money went to the credit of the prisoller'a private ac-
count, or was carried to the general accounted the firm : but that
wan • matter totally irrelevant, and nothing that the prisoner had
said on that point could et all form a sheet for their consideration.
I Their only enquiry was. whether the prisoner had used the
means imputed to him for obtaining the money—nut bow he
had employed it. Hitherto he had liven examining the probability
of the prison n's having uttered the for. cr of attorney with a guilty
knowledge. as that probability was to he inferred front the facts of
the Mr but after the next piece Of evidence he was to mention,
what man could lay his hand on his heart sod say he Was not con.
vinced that the prroner knew the powar of attorney was forged at
the tines he uttered It ? Ile only mid this because the prissier had
?mid it of himself ; it was indeed sten a document as he had never
before see, nor could expect to see, as it was evident no one could
krep such a document in his possession without exposing himself
to the greatest possible rink. The Learned Judge hens
retapitu-
lated the statement of Plank the ol&er and Mr. Fredifield, of find.
ing the payer„ in the prisoner's box, and first read the paper called
doe sale note of Miss Yourtg'e stuck, which, he observed, it had
ben proved if regularly sold, would have ti.•en tiled and espied into
the batik bunks, neither of which had been done. his Lordship
then reed she document in which the prisoner bed stated his having
slit the stock mentioned in it under powers et atturney which he
Pinged I and then said—le it possible the any man to say, atter this
evidence, that there can be a doubt on the third point, that it the
time the primmer uttered the power of attenney he knew it to be
forged I--be solemnly declared the fact under his own hand eight
years ago. NO cause of any kin.) could ever induce nn lamest man
to commit an met of such atrocity. The prisoner says he did not
emend to defraud, but he had recorded under his own hand that he
did the am to punish the Bank. Ile fins also said that he did It to
support the edit of his partners, but in an honest, or Christian
mind no motive could conic in couileention with the misery such
coedist must produce. There was core point in the prisoner's
favour 'lnch he was glad of, and it might, perhaps, be
some consolation to the 'misuse's ntind--a pleat number of most
respretable rule inn had given him a very high character.—
It was the niisfortune of those cams, that it was persons of
high character who had the opportunity of comniitting such
frauds, no others could du it. Tile Jury had heard otter in.
dictments against the prisoner rend, but they Inuit put them out
of coreideration, as they were only to sum"! to the case on which
they had heard evidence; hut if they were satisfied by the cri.
dents they had heard, that the crime imputed to the prisoner lead
been proved. if he had the cheracter of on angel, it would be their
duty hut find him guilty. If, on the other haml, they, acting under
the sacred obligation of an ontft, entertained a doubt of tho pri-
purser's guilt. then they would allow the excellent character that had
been given him to have its doe weigh:; but if they were satisfied
with the evidence, however they might temente-and every MAD of
feeling must lament, to see a roan who had esosessed so !ugh •
character in the prisoner's unhappy situation, still they must dig.
charge their duty with firmness.
At ten minutes to 3 o'clock his Imedship eon:tutted his charge.
l'he Jury then retired to deliberate on their verdict. During
their absence, which lasted twenty minutere,Mr.Fauntlcroy retuneed
his seat, and appeared tunas'', afected. A sudden rush el the
crowd at the door of the Court, announced the return of the Jury.
The prisoner stood up to hear his awful sentence. %Hills the
Clerk of the Arraigns called over the names of the Jury, and
petted the firma) words of the law—" limo say you; are you
agreed upon your verdict, is the prisoner at the bar Cathy, or
Not Guilty ?" the most intense interest was niao,feated be every
ttersan present. The Foreman replied, '• litifity of utel:rea the
tonged_ instrument, knowing it to be forged." At tin.: moil:int
every eye was fixed on the unhappy prisoner. who remote:al for a
moment quite inotimile.s, apparently utioniseitois of ere.'y thing
around him, and then senk eloan into his chair. _ _ .

A short co:arrears then took place between the Bench acd the
eininsi for the prosecution; It was conducted in a low tiiiie of
voice, hut we presume it refried to ilw propriety of proceeding wit:,
the other indictments. Upon its conclusion,
Me. Justice PARR addressed tile prisoner rather abruptly:
"Henry Eninderoy,"—The prisoner, who for sonic tuitinus
been quite absorbed in his meditations, started at the wood, mid
then looking wildly at the tkiwh, row, as if in especLation thai
sentence was to be pronounced upon him. The Lammed Judge
proceeded —" honey Faiintleroy. the lwarncilAttorney-Ueneral does
not feel it necessary. in the discharge of his public duir, tis proceed
further with the indictments which have been prefcreelagainst.you.
It is no part of my painful duty to pronounce the awful sentence of
the law, which indat follow the vtrdict Which has just been recorded,
That unplessing task will devolve on the beamed Recorder, at the
tirminatiou of the Sessions ; but it is a part of env ditty, as a link-
ltsn kirigistrate, to implore you that you bethink yourself wrinusly
of your latter end. to convulsive anb from the writeted prisoner
si.a:deidinctly audible through the Court at flit* period or the Learn-
.ll Judge's address.) According to the constitution of this einintry,
tar prerogative of mercy is vested to the Crown. With that I have
rivaling to de. Ido nut say that in your unhappy case the eaten-

)311MIN 1151:‘, IV, Cr 11.
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Air. Boas knew Mr.
meter bassi strict':
lin Chinch k ntw ,
dist* nith him. 11
srancsatium
SWAM w tkc ovicteu
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