The Sun.
London, England, 1841-12-06 00:00:00

THE SUN LONDON, MONDAY, DECEMBER 6, 1841.

written on the stamp. He showed me another in
the same way, a blank stamp with Lord Hunt-
ingtower's acceptance. The stamp of the first bill
would cover 2;000/. at a short date. Capt. Byng asked
me to get them discounted for him, for the purpose of
handing the money to Lord Huntingtower. I said it
was a pity they did not wait till Lord Huntingtower had
attained his majority. I knew Lord Huntingtower for two
or three years previously, and that he was not then of
age. On the 4th of July, the day Lord Huntingtower
came of age, Captain Byng, Mr. Read, and myself, dined
together, when we spoke about the bills. I saw Captain
Byng on the sth and 6th, and went with him on the lat-
ter day to Mr. Read's, in Duke-street, St. James's. I
saw the bill there, and it was still a blank acceptance. The
bill was then, at my request, filled up by Mr. Read ;
the name of the drawer, "W. F. Byng, was at-
tached by Capt. Byng. I intended to take the
bill to a friend to have discounted, and did not wish it to
be in my own handwriting. There was no date to it till
the 9th, when I put the date to it. I kept the bill about
a week, but did not succeed in getting it discounted. I
had no authority from Lord Huntingtower to put the
date to it. I returned the bill to Capt. Byng, and I saw
him afterwards pass it to Mr. Canty. That was two or
three weeks afterwards.
Cross-examined—l am a bill-broker. I then lived at
Belgrave-street, Pimlico, and afterwards at 33, Conduit-
street. In Nov. 1840 I was in the Queen's Bench prison.
I have taken the benefit of the Act twice. I lived in
Dorset-place, Dorset-square in the beginning of Novem-
ber, 1840. I was a wine and cork-merehant in Dublin
for some time. I was afterwards a wine commission
agent in Salisbury-street, Strand, and then in Arundel-
street, Strand, then Albany-street, Regent's Park,
King's Arms Yard, Coleman-street, City, and other places.
I took the benefit of the Insolvent Act in February 1832.
I was remanded for ten months for extravagance, and
living beyond my means, but not for fraud. It was not
"for fraudulently making
away with my property." I
once went by the name of Holbrook, there being two or
three executions out against me. I was part proprietor
of the Club-house, 2, Bury-street, St. James. I lived at
96, Quadrant; that was not a gaming-house. I lived at
Brettenham Hall, Suffolk. The second time I took the
benefit of the Act, was in January last, and
I was then remanded for six months under
the discretionary clause ; there was no case
made against me. I settled with my detaining creditor
in April. My debts were 2,3001., and since April I have
paid off 1,1001. My debts on the first occasion were 700/.
or 8001. I never kept a gaming-house in Sherrard-
street. I have been fortunate on the turf since April,
and that has enabled me to pay off the 1,1001. I
raised money for Lord Huntingtower once, about
three years ago, before he came of age. It was about
1501. Since he came of age I have raised about
10,000/. for him. I have seen Lord H. accept bills
of exchange before he became of age. I never saw Lord
11. accepta bill of exchange in any other than black ink,
either before or since he came of age. All the ones I
ever saw accepted before he came of age were the two I
have referred to, and they were in red ink. The person
to whom I took the 2,000/. bill was Mr. Temple, of
Furnival's Inn, an attorney. I have done business
with him before to a very large amount. I get fire
per cent. from his Lordship on all the money I
raise for him. I have sometimes paid forty per cent.
that is, 2s. in the pound for three months. I don't know
where Capt. Byng is now. I have had no communica-
tion with him for two or three months. I don't think
Lord Huntingtower knows where he is. When we dined
together on the 4th July, there was a nobleman, the son
of a Marquis, present.
William Read—l live in Duke-street, St. James's. I
know last witness and Capt. Byng. I met them on the
Monday Lord Huntingtower came of time, the 4th July.
I then saw the two blank bills with Lord Huntingtower's
acceptance ; and saw Mr. Coyle and Captain Byng the
day following or the day, after, and then saw the present
bill in blank, with Lord Huntingtower's acceptance.
The body of the bill is in my handwriting. I wrote it
either on the Monday or Tuesday (the sth or 6th July),
at Captain Byng's request, who then added his signature.
The day of the month was left blank. I also filled up
another for 1,000/. at three months, which was accepted
in blank.

Cross-examined—There was a third person present on
the Sunday, a nobleman. I believe the date is left
blank till the day in which the bill is put in circulation,
the rate of discount being very high. I knew that Lord
Huntingtower was of age on the 4th of July. Captain
Byng was in the 15th Light Dragoons, and sold out
about two months ago. Ido not know where he is now.
Mr. HocoiNs for the plaintiff said, the defence set up
on the present occasion was infancy, and infancy only,
and that by the law of the land deprived him of the
power of giving evidence of the consideration the de-
fendant had received for the bill. He submitted to the
Jury whether there was not an attempt in the present
case to defraud the plaintiff of his claim for which
he had given full consideration. The bill had been put
into circulation by Lord Huntingtower's authority and
connivance after he had become of age, and although at
the time the parties must have known that it was a fraud.
After some further observations the Learned Counsel

submitted that his client was entitled to the verdict o

the Jury.
Mr. Justice WIGHTMAN summed up to the Jury, and
remarked upon thP circumstance of Captain Byng not
having been called by the defendant, as he was the agent
who first put the bill into circulation.
The Jury retired, and returned in half an hour with a
verdict for the defendant.

COMMON PLEAS-(THIS DAY).

CLARKE V. THE SWANSEA WATERWORKS COMPANY.
This action was brought by the engineer against the
Company for work and labour done. The defendants
resisted his claim as to some parts,' on account of excess,
and as to others, on the ground that the Company
were not liable for the acts of Mr. Smith, the Director,
under whose instructions the plaintiff executed such parts
of the works.

The case occupied the Court until nearly two o'clock.
when the Jury, after some consideration, returned a ver-
dict for the plaintiff in the whole amount, 6221. 15s.

CRIMINAL COURT.--..(THIS DAY.)

OLD COUlit
THE SUICIDE CAsEs.--Snon after the Recorder had
taken his seat upon the bench, Henry Marriott and Anne
Bowling were placed at the bar, the former charged with
unlawfully attempting to destroy himself, and the latter
indicted for unlawfully attempting to drown herself in
the River Thames.
The prisoners both pleaded Guilty. They were then
removed from the dock.

THE ROBBERY AT MRS. ALSAGER'B.—Mary Nixon, a
respectable looking middle-aged woman, was indicted for
stealing a purse containing fifteen sovereigns and two
shillings in the dwelling-house of Mrs. Elizabeth Bea-
trice Alsager, widow of the late Capt. Alsager, M.P.
Mr. Bodkin conducted the prosecution, and Mr.
Clarkson defended the prisoner.
For the. evidence it appeared that the prisoner had
been left in, the care of Mrs. Alsager's house
in the Balham-road, Streatham, from the 19th of April,
to 12th October last. Mrs. Alsager and her family had
left the house on the Bth April ; and Ann Grimmett, the
cook, to whom the money in question belonged, and
from whose drawer it had been stolen, followed her mis-
tress on the 19th April, leaving the prisoner and her niece
in charge of the house. On leaving the house, the cook
locked up the 15 sovereigns in her drawer ; two of them
only were of the reign of her present Majesty. One of
them was a particularly bright one, and the other one rather
so. The cook returned on the 12th Oct., and on examining
the drawer found she had been robbed of her money,
and that the drawer had chisel marks on it. Informa-
tion was given to the police. The house of the prisoner's
husband was searched, and under the bed was found a
box containing between four and five hundred sovereigns
in a bag, and nearly one hundred in an old black stock-
ing. In a tea-caddy separate from that hoard, there
were found exactly fifteen sovereigns, two of which were
of the reign of Queen Victoria. The tea-caddy had
been borrowed from her niece some months before. It
appeared that the key opened all the drawers, and that,
although the prisoner had charge of the house, the keys
were occasionally left in the drawers. She received an
excellent character.

The RECORDER having summed up, the Jury found
the prisoner Not Guilty, as, in their opinion, the identity
of the money had not been sufficiently made tilt, although
the case was full of suspicion.