The Sun.
London, England, 1836-12-15 00:00:00

NDON, THURSDAY, DECEMBER 15, 1836.

:T.--(THIS DAY.)

amount of compensation to be awarded, and a Committee
of the House of Commons reported in favour of their
claims. Whether the whole of the party obtained com-
pensation was more than he (Mr. Kelly) could say ; but
the great majority of the excluded officers did obtain com-
pensation, and mainly through the instrumentality of Mr.
Cuttle. Before the affair was finally arranged, Mr. Cuttle
was astonished to find that a meeting of the Committee
was called on the 18th July, 1835, and Mr. Scatchard, who
took a leading part at that meeting, requested them to form
a new Committee, as their treasurer (Mr. Cuttle) had ab-
sconded with the funds, and had made a claim against them
of 40,0001. Mr. Cuttle was not aware of that slander,
until some time afterwards, when a dispute took place be-
tween a Captain Shipton and the defendant, and they went
before the Lord Mayor. On that occasion Mr. Cuttle
was present, and having made some observation, the de,
fendant stepped forward and exclaimed, " that person was
our agent, until he absconded with the books, and
the balance of the cash in his hands ; and I am sure
that you will pay no attention to what a fellow of that
kind willl say." That was an imputation directly charging
the plaintiff with having violated his duty as Treasurer of
the Committee, and with having violated his duty as a man
of honour and a gentleman—with having embezzled the
money confided to his care, and that charge was made in a
police office, before a crowd of gentlemen and East India
officers acquainted with both parties, and must have consi-
derably aggravated the offence, from being uttered in their
presence. It was for that slander the plaintiff now came
before them, and he was satisfied the Jury would give his
client such ample compensation as the serious injury thus
wantonly inflicted upon his character, entitled him to.
Capt. Wm. Henry Ladd was formerly in the East India
Company's service. Was one of the officers excluded from
compensation, and was one of the Committee of excluded
officers. The defendant, Mr. Scatchard, always attended
the meetings of the Committee. The signature to an
entry in the Committee-book, dated 18th Dec., 1834, is in
defendant's handwriting. It stated the appointment of the
plaintiff as treasurer and adviser, and the defendant as
chairman of the Committee. Another entry, dated 27th
Feb., 1835, was read. It was a vote of thanks to Mr.
Cuttle for his exertions, and for declining to receive any
salary if the subscription should be inadequate, signed by
the defendant. Witness was present in the month of
February, when plaintiff, defendant, and Captain Shipton
were before the Lord Mayor. Shipton and defendant
bad a dispute, and defendant wished to bind Shipton over
to keep the peace. Sir Peter Laurie was sitting for the
Lord Mayor, and did not consider there was any ground
for binding him over. Cuttle made some observation on
behalf of Shipton, when Scatchard said he absconded with
our books and balance, and made some fiendish observa-
tions on Cuttle's character, which would have made a
stranger believe Cuttle was about the worst character in
the world. There were a considerable number of persons
present, including several of the Society of excluded officers.
Cross-examined by Mr. CRESWELL—Witness ceased to
be a member of the Society on the 10th of July. He
had a difference with the defendant, and had resented his
insolence. Witness detested Scatchard from the first
day he saw him.— (Much laughter.) I knew the
Committee had dispensed with Cuttle's services before the
parties went to the Lord Mayor. I also learned from him
that he still had the books in his possession and all the
money. I was aware that a new packed committee had
demanded the books and money from Cuttle, and he had
refused to give them up. Scatchard was still chairman.
Shipton did not appear before the Lord Mayor. When
Cuttle interfered, Sir Peter Laurie asked more than once,
" Who are you ?" and Cuttle said he was a gentleman.
Scatchard then stepped forward, and made use of the ob-
servation he had before repeated. Cuttle had refused to
attend the meetings of the Committee, but it was a different
Committee. As one of the original Committee, witness
had advised Cuttle not to give up the books or money.
Henry Lister, clerk to Captain Shipton's attorney, at-
tended on behalf of Captain Shipton, before Sir P. Laurie.
Heard defendant say that Cuttle bad been their agent, and
bad absconded with the books and the balance in his hands.
Cuttle said he was ready to meet any charge Scatchard had
to bring against him, but Scatchard said he was not then
prepared, but would do so at some future time. Scatchard
subsequently said that Cuttle had been dismissed by the
Committee for refusing to deliver up the books and money.
Walter Menelton was formerly an officer in the East In-
dia Company's Service. Attended before Sir Peter Laurie,
and heard Scatchard say, " That's Cuttle, who was for-
merly our agent, and absconded with the books and the
money of th excluded officers."
Mr. CRESWELL (with whom was Mr. BAILEY) ad-
dressed the Jury for the defendant. There was, perhaps,
scarcely any class of actions which varied so much in their
circumstances as actions for slander. They might be of
the most serious nature, or :they might be of the most
paltry and insignificant character. It had been represented
on the other side, th xt the present was a case deeply affect-
ing the character of the plaintiff, and yet, although he
might have brought it to trial in July last, the defendant
had been himself obliged to bring it into Court, and even
to-day the plaintiff was most reluctant to have it called
on. It was evident that the case had been got
up from a spirit of revenge, and that might be
fairly inferred from the statement of the first wit-
ness—that he detested the defendant The Jury must
be satisfied that the defendant intended to impute
to the plaintiff a felonious act before they could give the
smallest coin in the realm in damages. He would show
that no such imputation was ever made—that the defendant
had merely stated that Cuttle had withheld the books and
balance of cash, and that was not denied by the plaintiff's
own witnesses. Under these circumstances, he trusted that
the defendant was entitled to their verdict.
A letter from the plaintiff, addressed to the Committee,
was put in and read. The plaintiff in the letter agreed to
take three guineas a week, relying upon the Committee for
further remuneration when their claims would be recognized.
Alex. George Watson—l am a member of the Society
of excluded East India officers, and a subscription was
raised. Captain Scatchard was chairman. (Counsel was
about to make some enquiries of the witness relative to pe-
cuniary matters, but Mr. Kelly objected, and the Court de-
cided against their being put.)
James Kent was present before Sir Peter Laurie, and
heard him ask Cuttle who he was ? Cuttle said, " I was
a merchant." Sir Peter asked, " what are you now ?"
and Cuttle replied, "lam a gentleman." Scatchard said,
" Sir Peter, I can give you some information ; he was for-
merly our agent, but thought proper to withhold the books
and the balance." I will swear that the word " abscond "
was not used.
Henry Pullen was also present at the Mansion House,
and gave similar statement of the expressions used by the
defendant.
Thos. Wm. Moore gave evidence to the sane effect.
Capt. Wm. Younghusband was also present. Scatchard's
expressions were, that Cuttle had thought proper to with-
draw or absent himself, and had withheld the books and
balance in hand.
Mr. KELLY having replied,
Lord DENMAN summed up, and the jury immediately
found a verdict for the defendant.
~nos I

COMMON PLEAS.-(THIS DAY

DEVAS AND OTHERS V. VENABLES AND OTHERS.
This case, which was on all yesterday, occupied the
Court again to-day. It was not concluded when we left.

CENTRAL CRIMINAL COURT
(THIS DAY.)

OLD COURT.
'Before Mr. Justice LITTLEDALE and Mr. Baron BOLLAND

TRIAL OF JOHN MINTER HART FOR FORGERY.
This morning being fixed for the trial of the above case,
at an early hour the Court was crowded with persons who
seemed to take a great interest in the proceedings. Shortly
after ten o'clock their Lordships took their seats on the
bench, and the prisoner was placed at the bar.
The indictment charged the prisoner, in the first count,
with having on the 23d of July last, in the parish of St.
Anne, Hanover-square, forged a certain bill of exchange
for 5001. purporting to be the acceptance of the Rev.
Charles Herbert Jenner.
The second count stated that the said John Minter Hart
subsequently uttered the same bill of exchange with a fe-
lonious intent, well knowing it to be a forgery. There
were several other counts, varying the form of the indict-
ment, in one of which the intent was laid to defraud one
John William Edwards.
Messrs CLAsicsoN and BODKIN conducted the prosecu-
tion, and Mr. CURWEN appeared to defend the prisoner.
Mr. CLARKSON having detailed the circumstances of the
case to the Jury, the following witnesses were called to sus-
tain the charge in the indictment.
Rev. Charles Herbert Jenner—l am a clergyman of the
Established Church. lam the son of Sir Herbert Jenner.
I was in town in July last, and my attention was directed to
an advertisement in the Morning Post, in consequence of
which I wrote two notes, duplicates of each other, one of
which was addressed to a Mr. Edward Blake, 44, Hay-
market, London.—(The advertisement and note written by
Mr. Jenner were here read. The former offered to lend
on personal security any sum of money to the amount of
60,0001., and the latter stated the wish of the writer to
borrow for twelve months a sum of 5004, and required to
know the terms on which it could be procured.) I left
town in the afternoon of the 21st. I went to the residence
of Mr. Dykes, Chislehurst. On the next morning a Per-
son called at Mr. Dykes with a message For me, in conse-
quence of which I went to the Queen's Head, an inn at
Chislehurst. I went into the room, where I met the pri-
soner. I said, " Mr. Blake, I presume"—he bowed. I
continued, I wanted some some money, as he might have

perceived by my note. He asked what sum, and I an- dressed to the Court. He submitted that the piece of
swered 2001.- for twelve months. I said I had no security paper which they had all along called a bill of exchange
to offer except my own personal security. He replied he was not in effect such a deed or instrument. It
knew Sir Herbert Jenner, and asked how I was to pay it. appeared in evidence that up to the time when the
To this I said my allowance was such as would enable money was paid by Edwards, the stamp was altogether
me to pay it at the end of a year. He then said I could a blank one, with the exception of the words " acetlited,
have the money, and appointed to meet me next day at my Charles H. Jenner, at the Bank of England." Then as re-
father's house in Chesterfield-street. I was to pay at the garded the alteration in the amount—if alteration there had
rate of 5 per cent. interest for it. when I mentioned in been—it was made long before it became a perfect instru-
the note my wish to borrow 5001., I set it down as a no- ment ; and though the prisoner might have committed
minal sum to ascertain the terms on which I could borrow a fraud, and thereby deceived his employers, he had
money, and I had not my mind made up as to the exact not been guilty of forgery, and however to be blamed
amount I would require. I came to town on the next day, for that act, he should not be convicted of ae offence
the 23d.; the prisoner called, as appointed, at my father's of which the Jury could not legally find him gui:t) . The
house. We were shown into a private room. After some Learned Gentleman cited an authority in support of
indifferent conversation, the prisoner took from his pocket his first position—that of Bateman in " Ryan and wody'S
a pocket-book, and from thence a stamped piece of paper. Reports ; and said, in the other view, the case was a new
I asked if he had brought the money. I don't think he one, and he did not recollect any precedent for him to quote.
made any answer. He wrote something on the stamp. Mr. Justice LITTLEDALK thought, if the figures
He was sitting at the table where there were writing ma- 2001. were intended as merely limiting
+ha amount
terials. I could not then distinguish what he wrote. He of the bill, it might he considered not a fore
wrote on the upper left corner of the stamp, !and handed gery, but a fraud upon the prisoner's employer ; but if it
it to me, and requested me to write across it " accepted," were a part of the bill the case might be different. The
and my name. I did so. The paper now handed me is Court were, however, inclined to reserve the point.
the same. I also wrote the words "at the Bank of Eng- Mr. Ceaßeson referred for the meaning of the term fore
land." I did not keep any account at the Bank of Eng- gery to " East's Pleas of the Crown," and submitted that
land. The prisoner requested me to make it payable in this instance it was applying a true signature to a false
there. When I wrote the acceptance, I did not ob- deed or instrument, which, according to the authority
serve the writing at the left-hand corner of the stamp. Ido quoted, was deemed a forgery.
not remember having seen any writing. The prisoner appeared After considerable discussion, the Court said they would
to be filling up what I supposed was a check on the Bank reserve the points for the opinion of the Judges.
of England. I only could distinguish one word in it— Mr. CURWEN then proceeded to address the Jury re-
Blake. He told me it was necessary that his brother specting the facts of the case. When he had concluded
should also put his name to the check, and that he would Mr. Justice LITTLEDALE summed up. The questions he
leave me for the purpose of obtaining the signature. I left for the consideration of the jury, were,
first,
then took up the acceptance, "of course, then, you will as to the fact of Mr. Jenner the authority
leave this till you return." He replied that that was unne- to have the bill filled up for 2001. for if he did so cone
cessary, and said, "To shew you that there can be nothing fine it, it was his (Justice Littledale's) opinion that it was
wrong, there are the figures denoting 2001. written in the a false making of an instrument, and as such a forgery and
corner." I looked at the corner and saw them ; they must secondly, whether or not the bill was drawn for 500/. with
have been written before I accepted the bill. I permitted an intention to defraud.
him to go with the bill of exchange. We were to meet at The Jury without any hesitation found the primmer
the Bank Coffee-house in half an hour. I went there ; the Guilty.
prisoner did not keep his appointment. I saw no more of
him for some time. I attended at Bow-street ; I saw a per-
son there, named Edwards, who was examined as a witness.
I do not think I ever saw Edwards until I met him at
Bow-street.
Cross-examined—l did not know that the Bank of Eng-
land would refuse to open an account for the purpose of
one particular payment, nor was I aware that making it pay-
able there gave a hill an additional credit. I would have
made it payable wherever the prisoner required. My
letter expressed a wish to borrow 500/. After I had ac-
cepted the bill, I laid it on the table. He took
it up. I held the bill when he directed my attention to the
figures denoting 2001. I meant to accept it for that sum ;
the prisoner gave me the form. I never before accepted a
bill in blank ; I only accepted one other.
Re-examined.—l never gave the prisoner any authority
to fill up this stamp for any greater sum than 2001.
John William Edwards—l live at Fairlawn House,
Hammersmith. I know the prisoner at the bar. I knew
him before August last ; I met him in the early part of that
month. I had a conversation with him about an accept-
ance of Mr. Jenner's for 500/., which he wished me to buy.
This was an accidental meeting. I declined buying it at.
that time. I subsequently met him on the same subject,
and ultimately we came to an agreement to purchase the
bill at ss. in the pound. I first saw it on the 12th of Au-
gust ; that was the day I agreed to purchase it. It was
then perfectly blank, with the exception of the acceptance ;
at the left hand corner there appeared to be a stain, I ob-
served it to the prisoner ; he told me it was as he had re-
ceived it ; when I agreed to give ss. in the pound, it was
to be drawn and endorsed for 5001. He mentioned to me
the name of Elliott, who, he said, received the bill from Mr.
Jenner ; the name of Pooke was mentioned. I said I had
heard he had offered the bill to others, and he said he had
only offered it to Pooke. I was in the habit of meeting
the prisoner at a public-house leading from Jermyn-street
to Piccadilly. I met him there by appointment next day ;
he produced to me the acceptance there, it was then in the
state in which I had seen it before ; I then paid him in
money for it.
Mr. CURWEN called. upon Counsel for the prosecution
now to elect upon what charge of uttering they relied.
Mr. CLARKSON would not bind himself to any particular
charge of uttering, but would rely both upon the uttering
and the forgery.
Mr. Justice LITTLEDALE—Then Mr. Curwen, you want
Mr. Clarkson to say on which act of uttering he means to
give evidence.
Mr. Cugwesi—The act of uttering can be but one act,
but may be explained by subsequent or antecedent circum-
stances.
Mr. CLARKSON snbmittad that he could not be bound to
make any election. He was in the course of giving evi-
dence of all the circumstances, both as regarded the forgery
and the uttering. It was entirely one transaction, composed
of many parts.
The COURT agreed in Mr. Clarkson's view, and the ex-
amination proceeded.
I paid the prisoner 50/. in bank notes, and two checks
for 751. I then kept an account at the London and West-
minster Bank, and also at Sir Charles Kean and Co., 24,
Bolton-street. I hand in the checks which I gave him.
The checks were here read, and appeared to be dated
forward.
Mr. Justice LITTLEDALE—That subjects you to a
penalty of 100/. on each.
I was to give 50/. more if the bill was paid, or in the
event of my getting a fresh security. The prisoner at
that time delivered the blank acceptance, and I kept it
about ten days. At the end of that time I met him again.
I gave it back to him to have it drawn and endorsed. I
saw him, probably on the next day, at the same public-
house. He then produced the acceptance with the sig-
nature and endorsement—" C. Taylor." That was the only
addition to it. When he reproduced the bill to nric
I asked who C. Taylor was. He said he was a man living
with him, and that he (the prisoner) bad given him a sove-
reign for signing the bill. I then required him to draw
the body. He did so, in the usual form, for 500/..at two
month's date, and addressed it to the prosecutor, Chester-
field-street, May-fair. He produced Mr. Jenner's note, in
which mention was made of 5001. I think that was on
the occasion of drawing the body of the bill. I wished to
he satisfied that the acceptance was for 5001., and he then
produced Mr. Jenner's note in corroboration of it. I have
since given it to the attorney for the prosecu-
tion. I saw Hart on the day the bill became due. The
prisoner went for me to Chesterfield-streetA to ascertain the
address of Mr. Jenner ; he returned with a small slip of
paper, on which was written, " Rev. J. H. Jenner, Rec-
tory, Cardiff." This he affixed with a wafer to the left
corner of the bill ;it was written in very illegible ink. I
know a person named George Atkinson, one of the en-
dorsers it is his handwriting, and was written at my re-
quest. I afterwards applied to Mr. Jenner for payment.
I then learned the circumstances under which it had been
obtained. I never knew until I heard the case before the
magistrates, that the bill was originally accepted for only
2001. In consequence of what I then heard, I gave it up
to the prosecutor's attorney.
Cross-examined—l am conversant with money matters.
It is not uncommon for young men of fashion to give blank
acceptances to agents in order to procure money upon them,
and some people purchase them under their nominal value,
taking the risk. I conceived, when I bought this hill, that
under the circumstances, and the probability of being a long
time out of the money, I had given the full value of it-
When I paid for it, it was merely a blank acceptance, and
was at a subsequent interview with the prisoner made a
perfect bill.
Re-examined--I am quite sure, when I first saw Hart
on the subject of the bill, he told me it was for 5001. He
never told me it was for a lesser sum. I would not have
made the bargain for it, if I had known that it was meant
to be for a lesser sum, and intended to be filled up by Hart
for a greater.
Christopher Massey, a servant of Mr. Dykes, proved
that, in the month of July last, he saw the prisoner at the
bar at his house in Chislehurst. He inquired for Mr.
Charles Jenner, and gave the name of Mr. Blake. Mr.
Jenner was out, and the prisoner said he should wait for
an hour, or an hour and a half, at the Queen's Head.
It was proved by the son of the proprietor of the
Queen's Mead public-house, Chislehurst, that in July last
the prisoner called there, and asked if Sir Herbert Jensier
was residing in the village, and if Mr. Charles Jenner was
a man of property.
John Field—l am an officer in his Majesty's Mint. In
the course of my business I have to examine many coins
and instruments. I have examined the bill which is the
subject of this prosecution. I observed a stain upon it. In
my opinion that stain was produced by the use of an acid.
I use a magnifying glass. The figure 5 seems to have been
altered from something else.
Cross-examined—My duty is minutely to examine coins.
That gives me no knowledge of paper. Where the stain
is, I cannot say that there were any figures or writing.
Joseph Hume—l have been for many years a practicing
chemist. Looking at this piece of paper (a part of the
hill), I observe a stain which was produced by an acid ap-
plied by me to ascertain if' any change had been made in it.
There was a stain before upon it, but not of a red colour.
By my experiment, I ascertained that an acid had been be-
fore applied to the corner of this paper.
Upon Mr. Hume's cross-examination, nothing material
was elicited.
The Bill was then put in and read, and
Mr. CLARKSON said that was the case for the prosecution.
Mr. CURWEN for the prisoner, said, that though there
might he a case to go the jury, yet his argument would, for
the greater part, be on a point of law, and should he ad-

SHIPPING.-(THIS DAY.)

(FROM LLOYD'S.)
DEAL, DEC. 14.—Wind W., fresh.—Arrived the Grecian,
Richards, from the Cape of Good Hope ; Rosendale, Friend,
rom Berbice ; Toronto, Collinson, and Earl of Durham,
Cabel, from Quebec ; Delos, Harvey, from Sm3rna ; Amo,
—, from Oporto ; Louisa, Forbes, from Memel. Came
down the River, the Eliza Ann, Ellis, for Trieste; Unanimity,
Herb, for Charente.
Poicrsmount, DEC. 14.—Wind W. N. W.—Arrived off port,
the Minerva, Gray, from Calcutta—sailed July 8, Cape Oct.
16, and St Helena Oct. 29.
PLYMOUTH, DEC. 13. —Wind W. ; 14, 9 A. M. , W. N. W.
Arrived the Cressimus, Evans, from Memel.—Off port, the
Racehorse, —, from Leghorn.
FALMOUTH, DEC. 13.—W. S.W. to W., strong breezes and
squally.—Arrived the Dono, Kettle, from Gorgenti ; Cathe-
rine, —, from Newfoundland, leaky, part of cargo thrown
over.
LIVERPOOL, DEC. 13.—Arrived the Constitution, Wilson,
from Charleston ; Edward, Thorne, from St. John's ; Comba-
tant, M'Kenzie, from Halifax ; Asia, Restigouche ; Tam
O'Shanter, from Quebec; Sultana, M'Aular, from Quebec;
Ann, Stow, from St. Petersburg. Off port, the Claremont,
—, from Jamaica.
BRISTOL, DEC. 14.—Arrived the George, D,,uglas, from
Miramichi.
BRIDOEWATER, DEC. 14.—Arrived the Cybele, Heckley,
from Quebec.
POOLE, DEc. 13.—Arrived the George, Dugdale, from
Newfoundland.
SWANAGE, DEC. 12.—Arrived off port the Rocket, --,
from Quebec.
NEWRY, DEC. 12.—Arrived the Sovereign, Fergu,on, from
Petersburg ; Hannah, Reike, from Riga • James, Rankin,
from Riga ; and Sarah and Anne, Simms, from Riga.
DUBLIN, DEC. 12.—Arrived the Springhill, Hall, from
Quebec. Off port the George, om Pugw ash.
WATERFORD, DEC. 12.—Arrived the Picten, Ross, from
Newfoundland.
CORE, DEC. 12.—Arrived the Bob Logic, from Jamaica,
with damage, having been in contact with the Hero, for Ham-
burgh ; John Frances, —, from Quebec ; Edwards, (cutter)?
from Newcastle, leaky, and with loss of boats, &c., bound to
Boston. Off port the Clifton, from Quebec ; and William,
Fell, from Miramichi.
LIVERPOOL, DEC. 13.—The Earl Powitt, Spittal, bound to
Calcutta, and the Bride, Porter, for Bordeaux and the Mau-
ritius, have put back, having been in contact last night Off
Holyhead. The former lost her gib-boom and fore-top-gal-
lant mast, and the latter her bowsprit, head, and fore-top-gal-
lant mast.