The British Press; or, Morning Literary Advertiser.
London, England, 1805-08-22 00:00:00

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TRIAL OF 'irstiMilS LEE.
Thome. Lee was indided for concealing and em-
bezzling part of his personal estate, to the value of
201. and upwards, after he became a bankrupt, with
intent to defraud his creditors.
The following is an outline of the case, as. stated
by the leading Counsel for the prosecution s
Thomas Lee was a linen-draper and grocer at
rocklington, which business he there carried on for
several years, to a considerable extent. In the
month of September, 1803, he withdrew himself
from his dwelling-house, to avoid, as he affirmed,
~n arrest ; in consequence of this step, a commis-
sion of bankrupt was taken out against him ; and
he, in duo course, was, by the Commissioners, de-
clared a bankrupt. and a legal notice issued, to re.
quire his surrender. On the 3th, 6th, and 29th
days of October, he surrendered himself to the Com-
missioners, on which last day, he also made a final
disclosure of all his property and effeds, and ac-
counted to the Commissioners for the cause of his
insolvency. This account was considered by them
as satisfadory, nor was the prisoner suspeded of
having withheld any part of his property from his
creditors, who granted him his certificate. In the
year 1805, the prisoner resided at Hull, and, on
some account, which the Counsel did not state, his
house was searched by virtue of a warrant from the
Magistrates of Hull, when, among other papers,
the following securities and bills were found :
Aceott•ltable receipts frora Messrs. BroacHy and Co.
banker, Hull, for . . L. 1,010
Messrs. Warm asset Co. - - • 420
Note from Thomas Wray, of Pocklingtno, (or . 93
KO, dated 1802, for . • • • SO
Do 211th August, 1802
And c 4,11 notes
" - 12 12s.
The securities were not in the name of the prison.
er, hut in the name of Thomas Wray, of Pock-
lington.—These papers raised a suspicion in the
breasts of the Magistrates, that this property had
been withheld from the prisoner's creditors ; in con-
sequence of which, they gave notice to Mr. Smith,
one of the Assignees of the prisoner, by whom this
prosecution was instituted. 'the Counsel then pro-
ceeded to state, that this property must have been
erubeezied from tile creditors, as the prisoner had
no visible means whatever of obtaining it ; the cir-
cumstance, too, of the prisoner having enter4d it in
the name of another person, was also a strong pre-
sumption of guilt. He thought the evidence he
shou;d produce of the time and manner in which
the prisoner had made deposits, would reduce the
:natter to an absolute certainty, unless the prisoner
could remove die inference, by accounting for it to
the sand idiin of the Jury. To the Magistrates he
declined giving any account of it; and, in this, he
certainly afled wisely.

Mr. Holmes, Solicitor to the Commissioners,
was then called, who proved the absenting of the
Prisoner from his dwelling-house, and the steps
taken to procure the commission. The commission
of bankrupt, after being proved, was put in and
read, as were also the declaration of bankrupt, the
notice requiring him to surrender, along with the
Prisoner's surrender, and the schedule giving an ac-
count of his property, and referring to certain books
which were not produced. An objection was taken
by One Prisoner's Counsel to the notice, as there was
wo proof that MC Gazette was aatially published on
iliaturday, which the Counsel thought essential to
pow', that the proper number of days allowed by
the statute for his surrender had been given to the
Prisoner. This objeaion, atter much learned argu-
ment, and the examining of a witness upon the sub-
jet, was over-ruled.
Mr. John Kendall was examined, and stated, that
he had been clerk to Messrs. Pease and Co. bankers,
at Mahon, upwards of six years, and kept their
ledger ; the Prisoner kept his cash account with
them, and was also employed by Messrs. Pease and
Cn. as an agent to circulate their notes. 'l'he Wit-
ness went to the Prisoner's house generally once a
week, to carry him their notes, and to receive from
him bills and other papers in exchange ; on these
occasions the deponent always examined their own
ledger, and entered the balance into a memorandum
book, and compared it with the Prisoner's account;
, that the last time he went to the Prisoner's house,
be took with him notes to the amount of 1,0001.
sad upwards; and at that time the Prisoner and
himself compared their accounts, and ascertained,
that, at that time, the balance due to Pease and Co.
amounted to 2,0001. The Witness was cross-ez-
I mined by the Prisoner's Counsel, and admitted
that the only way he had of knowing the state of the
balance was by the account which he had taken from
the ledger: and on which circumstance, the Counsel
.took an objection to the evidence, as being parole
testimony to prove the contents of written papers,
when the papers themselves could have been pro-
duced in Court, contrary to a maxim in law, that a
secondary evidence shall not be admitted, when the
original can be produced. The argument upon this
objetaion occupied a considerable time, and the
Learned Judge said, he would take a note of the
objettion, and get the opinion of his brother Judge,
Sir ALAN CH•IABIL, upon it. The trial then
proceeded.
Mr. Timothy Mason, of Hull, the next witness,
stated, that he was a constable, and was employed to
apprehend the Prisoner, and search his house, and in
the search he found a quantity of papers, part of
which he had then in his possession, and the other
part Mr. Lee got from him in a struggle. He then
delivered the papers into Court ; as did Mr. ('odd,
the solicitor, some other papers which he had re-
ceived from the Prisoner : the contents of these pa-
pers were the same as stated in the opening, saving
that the bills dated 1402 were returned bills, of no
v..lue. This witness, upon his cross-examination,
said, he understood that the Primmer had a partner;
it was objeaed by the Prisoner's Counsel, that the
money so found was not proved to h;.vc belonged to
the bankrupt's estate ; but this ehjetion was over-
ruled, on the ground, that nuder these circum-
stances it was incumbent on the Prisoner to prove
that it did not.
A clerk to Messrs. Moxon and Co. hankers, Hull,
was then called, and deposed, that 0,1 tae 4th or
3th of Antil, 11n04, the Prisoner, under the name of
Thomas Wray, came to their house, and deposited
the slim of 6001. in North Country notes, '.l which
'3OOl -

COURSE OF F.XCIIANI
liftmen nt 36 1 U.'
Onto at Sight 57 4
Rottordsen UR 0 2 U.
Hambargb 25 4 24U.
Albin
Pam. Sb 12 Liv.
Char. t Us. 26 0
14.tir1aaux
ea.ha
Madrid .... 331 •ffact.
8411 m•
Leghorn lO

()pp?* it

1144,lel
Genoa

54 per Cent
a ltt
6it days.

TORN &SIM, Avevir IS, loiter 's tegnest, they wrote to London to invest th.
6001. in the 3 per rent. consols, and which, when
effeaed. was communicated to the Prisoner, who, on
the 10th of May, called and got the stock receipt.
on paying 11. 101. Bd. as a balance due to them, and
the dividend on this stock was received and paid to
the Prisoner. On the 3th of February, 1805, the
Prisoner ordered the stock to be sold out, which was
done, and the amount placed to the credit of T.
Wray. On the 16th of February, the Prisoner
salted and got accountable receipts for the separate
sums of 3001. and 2001. and the balance of this
atock sold out was paid to him, after deducting the
charge of commission, &c. The prisoner received
the money for the 2001. receipt in a short time after;
but that the 3001. still remained in their hands ; he
also in the beginning of March, 1805, deposited the
further sum of 1201. in their house.—The Prisoner
was supposed to lodge at the house of Thomas Lee,
whose name was known to them by means of a brass
plate upon the door.
Mr. Horsley, cashier to Messrs. Broadley and
Co. bankers, Hull, deposed, that *he Prisoner, in
April, 1804, came to their banking-house, and de-
scribed himself as Thomas AVray, of Pocklington,
and deposited property, chiefly consisting of West
and North country notes, to the amount of 10101. ;
early in October, he called to receive half a year's
interest, in the assumed name of Thomas Wray, of
Pocklington, and he received also, in April last, a
further dividend on the said 10101.
Thomas Wray was then called, and stated, that
he lives at Pocklington, and had known the prisoner
for 14 or I ti years ; that the Prisoner came to him in
March, 1804, and desired the witness to take of
him 931. which he said had been given to him by
his relations and friends, but which he was afraid of
keeping, for fear his creditors should think he had
wronged them ; the Prisoner had some thoughts of
taking a little shop at Hull, for 7 or 81. rent, to en-
deavour to get a livelihood, and then he would take
the money from him a little at a time as he wanted
it. The witness gave him his note for the money ;
The witness also deposed, that he had not been
at Hull for upwards of twenty years, except to
attend the Prisoner's examination. That he never
deposited any money in any of the banks at Hull,
nor authorised the Prisoner to make use of his
name ; and believes that the Prisoner had no visible
means of obtaining property ; the Prisoner's relit.
tions, he said, were people in good circumstances,
and he was a favourite with his friends; he did not
recalled all the conversations he has had with the
Prisoner—and, to a further question on this subject,
he answered, with much simplicity, '6 I could re-
cone& it if I knew what it was." He said he had
heard of an uncle of the Prisoner, who was a man of
considerable property.
The evidence on the part of the prosecution being
closed, the Counsel for the Prisoner offered the fol-
lowing objections
The petitioning creditor's debt had not been prove
ed ; as parole evidence only was offered to prove
the contents of a written paper, when the original
documents might and ought to have been produced.
The ad of bankruptcy against the Prisoner had not
been proved, as it was not sufficient to prove that
there was an intention to delay his creditors, but an
aetual delay must be proved, which had not been
done. The precise ad by which the Prisoner be-
came a bankrupt, he contended, ought also to have
been set forth in the indictment; this had not been
done, and the omission, in his opinion, was fatal to
the indiciment. Nor was the crime charged in the
indietment proved, as no evidence had been given to
establish the point that the Prisoner had not ac.
counte 1 for, and surren lered, this property to the
commission ; so that if they could prove that he did
:ritually emir-etc, yet, if he did not also tosceat, the
crime was not c:impleted, and the Prisoner was en-
titled to his acquittal.
Against these objections, the Counsel for the pro-
secution made a learned and elaborate reply ; hut
the Judge prevented the Counsel for the pi isolier
from defending them, by saying, it was unnecessary.
The learned Judge then proceeded to state, that
though there was likely to be a failure of public jus-
tice, which he much regretted, and which, indeed,
was always the case, when a cause could not go
fairly to the jury, yet be could not permit a case in-
cumbered with so many serious legal difficulties,
and sonic of which trenched upon the most funda-
mental maxims of the law, to go to a Jury, without
abandoning and aging contrary to the duties of his
office. He then proceeded to recapitulate the objec-
tions, with some observations upon each, and con-
cluded, by directing the Jury to find the prisoner—
Net Godly—which they of course immediately did.
The Court was much crowded ; and the prisoner
behaved with great equanimity, both during the
trial, and when the verdia of acquittal was pro-
nounced,

CORNsEXCHANGE, WIDbIIIIO4T, AUOUST 21.
The fresh imposts of Wheat today coastwise are few, but
the farther arrival this week, of about quarters of
fare.gn, on addition to the very enormous quantity on hand,
',glum, the millers to make but few purchases at present The
price of Rye, linrley, sod Malt, vanes but little. Peas nearly
as our Wt. From the quantity of Tick Remit, they are some-
what cheaper. Thetis% trade likewise, and in better supply
New Rape Sent in plenty and at about the close of the Market
at Mond.ty, the price of Flour fell full Ss. per sack, and to•day
dull in sale at the cunency.

CU4RENT PRICE OF GRAIN.
Wheat Ns M. 88s. Beans 46. 51s. 00.
Fai5e40......... 955. 08. 04. Tick Rune .....4Y. 47.. Od.
Bye..
Barley 34.. 43. 04. Poianas..... —34.. 33. 6d.
Malt .76a 82.. 04. Rape 5eed...... ;341. 391. 04.
White Peas 465. 34. Od Fine Flour .... 75. 80.. Od.
Gres P..... 42. 46. 01 , F. 01,111,13 7Ol. 73.. OE.

Tugseskr, Aug 17.
Vcnice 62 Li, . Pie.
Lisboa 6ll

[luta'', IS
Cork 144

•t• taws I. l 4
Portugal Gold in Coin
and-Rs., pet •a 4 0 0
Doubloons . ..... 0 0 0
New Dollars
Salmi in Kars
New LYISI‘ each
Agin on the hank •f Noland