The Sun.
London, England, 1852-09-16 00:00:00

SURREY SESSIONS, Sept. 15.
'Before Tuomas PIICKLE, E,q., and a full Bench of

, . ...
Magistrates.)
EXTRAORDINARY CHARGE OF FRAUD AGAINST A
SOLICITOR.---. Tn.
E FALLING OF A STAND AT EPSOM
RACES.
Thomas Russell, formerly a solicitor at Hammer-
smith,
ornsoewmoer-lane Gaol, was indicted for
obtainingang
prisoner confined in the debtors'
s
money under false pretences from Mr. Bar-
nard, the proprietor of a stand at Epsom Races which
broke down at the Spring Meeting, 1850, and
severely injured Mr: Page, a publican at Northfleet,
he (the prisoner) falsely pretending that be was so-
licitor to the last-named party, and was instructed by
him to settle the matter without further legal pro-
ceedings.
Mr. Robinson (with Mr. Charnock) conducted the
prosecution; and Mr. Hawkins (with Mr. Joyce) de-
fended the prisoner.
mr.Rom
NSON, in opening the case, stated that at
the Spring Meeting
at Epsom, Mr. Barnard had a
booth,
which, by some accident, fell in, and Mr. Page
was seriously
injured. The latter instructed his
solicitor (Mr. Sharland) to sue for damages, and a
writ was served on Mr. Barnard, but shortly after
that the prisoner called on Mr. Langland, agent to
ffair.
Ha
Mr. Barnard, and told him he was the actual soli-
citor to Mr. Page, and he was instructed to settle the
a
ateo
consented
te askedd
to 2001. as
ocompensation,
mbar!
afterwards
Langland paid him, believing that he was actually
solicitor to Mr. Page. The fraud, however, was found
out on Mr. Sharland's proceeding in the next step in
the action, and the prisoner was apprehended.
After going through the whole of the proceedings,
Mr Charnock called
William P age,
who said—l am a publican at North-
fleet. In May 1850, I was at Epsom Races, and
met with an accident by the falling of Mr. Barnard's
stand. Shortly afterwards I was introduced to the
defendant, whilst in bed at Northfleet, by a Mr.
Patterson. I told Russell I was very bad, and he
afterwards visited me frequently with several friends.
He (Russell) said he was a friend of Mr. Barnard's
and Mr. Langland's, and that he would see them
and get something for me. I did not know then that
he was a solicitor, neither did I authorise him to act
for me as one at any time, neither did I authorise him
to accept money
was Mr. Sharland, of Gravesend.
for me as compensation. My attor-
ney in this affair
In February, 1852, the prisoner called upon me and
said I had better let him proceed in the case, as Mr.
Sharland would never get me any money. That was
the last time
brought byl had no knowledge of the action
I saw him then, but I afterwards met
him at Epsom.
Sharland being settled for 121., neither
did the prisoner at any time tell me that he had re-
ceived the money. I never told him that I had taken
the matter out of Mr. Sharland's hands.
Cross-examined by Mr. IlewKiNs—l am a publi-
can, but Ido a little in racing matters. lam not a
racing man, but I told the prisoner I was so, and
knew Barnard to be one, and that I did not want to
hurt him. I keep the Red Lion at Northfleet, but it
is not a sporting house. About the latter end of May
Russell was introduced to me with several friends. I
did not converse with him at that time, he merely
asked how I was and left the room. He was introduced
to me as a gentleman residing at Northfleet. He came
several times afterwards with a friend, and mentioned
about the accident, saying that it was a bad job
for me. He said he knew Barnard, and could get
money from him. I thanked him and told him I
should be very much obliged to him, but I did not
authorise him to do anything with Mr. Barnard. I
received ultimately from the latter, through my so-
licitor, in money about 401. My doctor's bill was
between 81. and 91. I have not paid it yet. I em-
ployed Mr. Sharland to bring the action in September,
1550, and Russell left Gravesend about that time. I
saw him the night before he left in my own house. I
had beard that Barnard had several actions pending
relative to the accident, but I did not know he was
about to take the benefit of the Act. I did not know
the extent of his liabilities, or his means. I did not
know wh
what I knew. I made no inquiries about him.
as I
never
employed him. Mr. Sharland transacted
sailor a Russell was. He might have been a
for t
my business. In January in the present year the
prisoner came to me while I was having tea. He
asked me how Mr. Sharland was getting on with my
case P I
never getld him very slowly. Prisoner said, " You
anything, take my word for it. You
had better let me manage the case, as I think I could
have got you something." I was taken very ill at the
time, and nothing further transpired. Mr. Sharland
to
will
had at that time stayed the action.
cletk at Gravesend. In July
or
Mr. Sharland, examined by Mr. ROBINSON—I am
1850, Mr. Page came to me very lame,
andconsulted
me on this action. I accordingly
issued
ed a
an
Aatutogrunsety,
and town
against Mr. Barnard on the 15th of
January,
A communication was sent from Mr.
forßta Barnard
'S
nh aa ' s solicitor, which caused me to stay the action
never told any
ss
writlBsl.
one of my costs, which
a
declarations, through my London
rt
ytr
ear
t iml ,
February, 1851, were about 31. I
served
e
I received a communication that the
agent,afterwards
when
action had been settled and summonses were out to
stay the proceedings. I received 60/. es compensation,
including
my costs, afterwards from Mr. Barnard's
We went up to notice of trial, and that
isnoolilcuidtoerd.
all
expenses. I knew nothing of Russell,
and never saw him until committed for trial. I was,
in fact the attorney, and no one else had anything to
do with the action but my agent in London.
Cross-examined by Mr. HAWKINS—I was in-
several actions were brought against
which induced me to stay the pro-
form eßd a
rtnhaartd ,

Basinghall-street, ex-
amined conducted the action
ceedings.
cauttAoßrnNe
Ailnre.d by Mason,mr
oyc, x of
_in London, for Mr. Sharland, as his agent. I pro-
duce the documents and the Judge's order in the
am
action with the official seals. I also produce a re.
ceipt Oven by Russell, in settlement of the action,
for 121.
The latter was read by the Clerk of the Peace.
Mr. Mason continued—l attended before the Judge,
but previously I corresponded.. with Mr. Russell (the
prisoner), from whom I .received several answers
promising to call upon me, and satisfy me respecting
the matter. However, he never kept his appointment.
The Judge's order was here put in, but
Mr. I:lAwwris objected to its being received, as the
defendant was not present when the order was made,
therefore he could no t be a party to that
A very lengthy argument here ensued between
the Learned Counsel on both sides, respecting the
admissibility of the Judge's order.
The Bisiecu decided that it should be admitted
when the document Clerk of the
was read by the
Peace. It was signed by Mr.. Justice Parke on the
11th of February last, ordering , tha.t. a previous
Nimmons obtained by My• Barnard 's solicitor, to show
cause why proceedings m the action should not be
stayed," should be dismissed with costs.
Mr. Mason resumed—Russell did not, on any oc-
casion appear before the Judge, but after the order I
wrote to him, and received an answer that he was
authorised to receive the 121. and settle the matter
with Mr. Barnard. I afterwards proceeded to issue
a notice of trial. I then received 601. and paid it
over to Mr. Sharland in the usual way. On the 7th
of June, I was instructed to prosecute the prisoner by
Mr. Langland as agent to Mr. Barnard. Prisoner
never offered me 121., and I made no application
for it.
By Mr. HAWKINS—I saw Mr. Barnard when first
before the magistrate.
a builder, at Epsom, was
Laurence Langland,
next called. He said—Oa the sth or 6th of June,
1850, a letter was placed in my hands by Mr. Bar-
nard, purporting to come from the prisoner, claiming
compensation for Mr. Page- I directed my son to
answer it it and I read it before was sent by post.
An answer was received to that from the prisoner,
dated the 7th of June, threatening to send a writ, as
he was employed by Mr. Page to do so. In Fe-
bruary, 1851, I saw Russell at Epsom, when he intro-
duced himself to me, and said it was a pity the business
was not settled. I said, it You are not the solicitor for
Mr. Page," when he replied, ,‘ Yes, I am." I said, " Mr.
Sharland, the town clerk of Gravesend, was the party,
when he replied Sharland was a friend of his, and
was doing it for him, and that the reason his own
name was not used was for motives of delicacy. Rus-
sell also advised me to settle the matter, 4441 at first