The Sun.
London, England, 1824-11-01 00:00:00

9 ,q

4- • 441 - ' -- lir —if
P(c-----------...-ii u, • '
,W ARMS, FITS, PAINS IN THE STOMACH. &c.
‘-'ii-I.IIS are the Cause of many Internal
bey in Afflictions, which vary so much in their
.ef.fects that
.1444-443, be mistaken hy the Most eminent Physicians, am.l
then '94114 fatal to the Constitutions of Adults and C hil
~etlein_l‘n°4l)' the latter More extensively suffer from their
rainve ravages. Their mare usual symptoms Ire il !Ne p the Siumneh, Side and Head, Loss'Of APPelit.et ana
'''thet "ngn'd, and En'taci:itud Appearance in the Patient.—
il,N;xx!rathditiary efficacy' of CHING'S PATF:NT WORM
I:tistil;l3,(4) E*4 in an such Complaints, AO well as Obstructions'
141 ;.-wch. and every Disorder where opening or cleansing
‘"elY :tit' "'Pi. ired, is sa universally known, andlu,s been pu )7
'tklk in _"edged by BO -many persons of dlstuictiontian_dr
I)lllinr'n..eittY, that.it is Unnecessary here to enlarge on tei
lhid . %mites.
a. j.,in Boxes, at Is. t 4d. and 21. 9d.'hy Butlers, Chemists,
'*4l444,,,,heill'ilide; St, Paul's, and .290, Regent-street (near the
N,: ''"ohtnit),, London ; iVaterloolace, Edinhorgh; Sack-
lk street. 44 1-- I bui'litt t anil by the pri
ncipal Medicine-renders.
litout i; v. • - -v
g-uutte6 Kingdom:

[We gave, in a First' and Second Edition, on Saturday, a
copious outline of the Trial of Mr. Faustirr.Enoir, including
the VERDICT, but as the transactions excite a strong and uni-
versal interc.it, we have thought it our duty to present to our
Readers a comprehensive account of the whole proceedings,
comprising every circumstance calculated to gratify curiosity,
and to put the Public in full possession of this extraordinary
cue.]
It was generally known that the trial of this gentleman
would take place on Saturday ; and as the proceedings against
him had excited no inconsiderable interest in the public mind,
it was expected that it would attract to the Court a great num-
ber of auditors. To obviate any inconvenience which might
possibly arise from such an occurrence, the Sheriffs, Messrs.
Aldermen Browne and Kaye, gave directions that no persons
should be admitted into the body. of the Court who were not
provided with tickets signed by themselves, or into the students'
box who were not provided with certificates from the Inns of
Court, stating them to be members of one of those societies. The
galleries of the Court, which are the property of' certain officers
of the Corporation, were open to all persons who bade high
enough for admission, and we were informed that a sovereign
was demanded, and paid for it in several instances. Such of
the Reporters as were not students at law were accommodated
with seats near the Jury-box and were admitted into them by
special tickets. The tickets issued to the immediate friends of
the Sheriffs were very limited ; and several persons of rank,
who were anxious to obtain access to the Court, were disap-
pointed in their efforts to procure them.
It was announced that the doors of the Court would lie open
at eight o'clock in the morning; and individuals fttrnWsed
with tickets and certificates were desired to be in attendance
at that hour. Before seven o'clock a crowd began to assemble
about the doors ; but it did not consist of more than 30 or 40
persons, of whom no small number were jurYinen. At eight
o clock the doors were opened ; the students' box and the place
set apart for the reporters were immediately occupied. The
galleries, however, were for. some time unoccupied; and after
the first rush into court bad ceased, the avenues about it were
not crowded more than is usual at each day daring the continu-
ance of the sessions.
Among the spectators in court were Lord Montfort!, Lord
Nugent, ana the Governor and Deputy Governor of the Bank
of England. There,was also more than an usual number of
Aldermen, in the Bench. The bon] Mayor was in court at the
commencement of the trial, bitt left it shortly after its corn.
mencement to attend to his official duties elsewhere.
Mr. es-Sheriff Parkins was also in court at an early hOur.
He endeavoured to seat lihnself at the barristers' table, but was
very unceremoniously ejected by one of the Sherifils' attend.
ants. lie then removed himself into the thick ; but having a
natural horror of the situation, retired from it, and we believe
left the court altogether.
At nine o'clock, Mr. Serjeant AnAntx took his seat on the
bench, and the Court was oyened in the usual form. The
Middlesex Jury then took their seats in the jury box, and seve-
ral prisoners, charged with minor offences, were put to the bar,
to plead, and afterwards took their trial. The London Jury re-
mained in the boit set apart for the jurors in waiting.
At ten o'clock, Mr. Justice' PARK
took their seats on the bench, accompanied by the Lord Mayor.
The Attorney-General entered the Court at the same time, and
took his seat at the table; next Mr. , the Bank Soli-
citor. -

, Proclamation of silence waathen made, and at five minutes
OM ten o'clock, Mr. Henry, Friunderoy. was conducted to the
bar, between the two City Marshals, and the head turnkey of
Newgate. He was dressed in a full suit of black, and his firm.
nest seemed to desert him at the moment he was exposed at the
bar to the gaze of the Court. His step was tremulous; his face
Mle, and much thinner than when he was at first examined at
arlborough-street; his
,gray hair had rather a lighter hue, as
if from the mixture of a little powder. He never tbr one moment
raised his head, but placing his hands upon the front of the dock,
stood with dejected mien while the preliminary forms of the
trial were arranging. Mr. Banner accompanied him into court,
but left bins ns soon as he was placed at the bar, and took his
seat at the barristers' table.
The Deputy Clerk of Arraigns then opened the business in
,the usual forms.
The prisoner was arraigned upon seven several indictments
for forgery, to allot which he pleaded " lit guilty," and de.
sired to be tried by God and his country. : he first indictment
stated, that on the Ist of June, 1815, at'. t. Marylebone, the
prisoner feloniously forged and. counterfeited, and caused and
procured to be forged and counterfeited, and willingly aided
and assisted In the forgery and 'coOnterfeiting, a certain deed,
bearing the name and teal of Frances Young, with intent to
defraud the Dank of England ; the second count charged him
with uttering, and the third with 'disposing of the same deed,.
knowing it to be forged ; three other similar counts charged
the intent to be, to defraud Frances Young; and three others
to defraud William Flower. Here followed account, charging
that the prisoner forged, &c., a certain letter of attorney for the
transfer of the share of Frances Young in a certain stock audio.
rized to be raised by certain Acts of Parliament, stating that
the share therein amounted to 5,4501. ; and there was one other
count of the same nature, only setting out the Acts at length.
The second indictment was of the sense nature, and of the
same date, with the tame.intent, hut for the tranifer of the sum
of 6,000/.
The third indictment was for forging a letter of attorney to
spEellllrioi,roottlefii,stotxocfobic,red,a den Ireland, committedsindontaiiitleldteinsitce6antli
intent being
obfebyDngecTtehomodaticasfrar,ul,l(iislite2thOre:
Bank of England, then Thomas Lister and Henry Lee, each
and all of them.
The fourth indictment was for forging a similar deed for the
transfer of 3,000/. stock, with intent to defraud, first the Bank
of England, Thomas Lister, and Jacob Clements, each and all
of them.

The fifth indictment war for forging, on the 30th of Jun*' in
the 4th year of the present King (1824), a similar deed for the
transfer of 4041. stock, with intent to defraud the Bank of Eng-
land, John Griffiths, and Gilbert Currington, each and all of
them. _

----The sixth indictinent wait for forging, on the same deed, on
the same parties, a letter of attorney for the transfer of 500/.
stock.
The seventh charged, that on the 2d of November, 1823, the
prisoner forged, &c. a deed, bearing the names of Henry
-Fauntleroy, J. P. Hume, and (3. Goodehild annexed, charging
the intent in different counts, to he to defraud the Bank, ..1. P.
Hume, and 0. ooodchild, Jacob Downes, Ii» HankeY, and W.
It. Hankey, of the sum of 5,3001. stock.
After the fourth indictment had been read short to the pri-
soner,
Mr. GURNEY rose and applied to the Court for permission
to have the prisoner accommodated with a chair et the bar.
, Mr. Justice PARK—The application is of course made on the
ground of the prisoner's indisposition ?
Mr. GunNEY—Certainly, my Lord.
Mr. Justice PARK—Oh then, let him have a chair.
A chair was immediately handed to the prisoner, who sat
upon it at the right.hand corner of the dock, leaning his head
upon his hand, and covering the greater part of hii face with a
white handkerchief, his whole demeanour being at this time
that of a person labouring under deep despondency.
After the pleas had been. recorded, Mr. Justice PARK In.
formed the Middlesex Jury, who sat in the box, that they
must remove to make way for the London Jury.
The Jury. accordingly withdrew.
Mr. Justice PARK then intimated to the Sheriffs, that it
would be requisite to have two full London Juries in Court, aa,
from the number of indictments, the prisoner might be tried
upon more than one of them. He had also a right to make
his challenges; and it was therefore necessary to have a full.
complement of jurymen in Court. Besides, it might not be
right that the same Jury should try him upon 1 the in-
dictments.
Some inquiry was then made as to the time during which it
might be necessary for the Jurors to remain in waiting.
Mr. Justice PAux—l cannot pretend to say. Ido not know
whether a second jury may be wanted or not. Ido not know
how many of these indictments will be tried, or what time any
one of them may take up. I know nothing of these cues save
what I have heard from the gentleman at the table, and what I
have learnt from the depositions which have been sent to muu
Judge, and which I have of course perused. I merely throw
out the hint that a second jury may be necessary, without say.
ing at all whether it is.probable or not that their attendance will
lie required.—A jury was then elnpannellel

The Deputy Clerk of the Arraigns then read to the Jury the
first indictment. It charged the prisoner with forging and with
uttering and publishing as true, and with
disposing of and
p
putting away;* power of attorney for the transfer and sale of
5,000/. 3 per cent. Consolidated Annuities from the account of
Miss Frances Young.. The first count charged the prisoner
with forging a certain deed, the tenor of which was set out, with
intent to defraud the Governor and etirnpany. of the Bank of
England. The second count charged the prisoner with utter-
ing and publishing as true the said with he likeintention.
The third charged the prisoner with disposing of and putting
away the said deed with the like intention. The 4th, Bth, and
6th counts were similar in rutin, charging the prisoner with forg-
ing, uttering, and publishing as true, and disposing of and put-
ting away a deed, setting out the power of attorney, with in ten tion
to defraud the said Frances Young. The 7th, 11th, and 9th
counts were similar in form, only charging tiv felony to have
been committed by the prisoner with intentio'n to defraud one
Wm. Flower. The 10th count charged the prisoner with
forging a certain letter of attorney to sell, assign, and transfer,
all or any part of 3,0001., being part of the interest or share of
one Frances Young of Chichester, spinster, of and in certain
transferable unnulties established by certain ACts of Parliament
therein recited. The 11th count charged the prisoner with
demanding and endeavouring to transfer the stock of Miss
Young under the power. On concluding it, the Deputy Clerk
of the Arraigns told the Jury that the prisoner had pleaded
" Not Guilty," and that they were empannelled to inquire
whether he was so or not.-11.1r. Law opened the pleadings.
The ATTORNEY-OEIIEIUL then rose and stated the case
for the prosecution as tollows :—." May it please you, my Lord
and Gentlemen of the Jury—You have heard, during the read-
ing of this indictment, that the prisoner at the bar stands
atrny chargedwewid transfer
fraudulentlyof
forginge
for ord e
of England in the name of Miss Frances Young. It is my
taiannsdtoucktte,ring a
entered certain
in tit ela n
of
k
power
duty, on the part of the prosecution, to state to you the cir-
cumstances out of which, according to my instructions, the pre.
sent prosecution has sprung ; and afterwards to lay before you
the evidence which I have toptfer in support of this indictment.
In discharging the painful duty which has thus devolved upon
me, I ant bound to confine myself implicitly and strictly to a
statement of facts. This is a criminal charge, and, in such a
one, I am more especially called upon, when the life of a pri.
soner is involved in the result, and where his Counsel are pre.
eluded by the rule of law from replying to any general state-
ment of Counsel for the prosecution. I am, I say, in such a
case more peculiarly called upon to abstain front any (diet cal.
culated to excite your feelings, or from • giving any undue co..
louring to the facts. If, therefore, I were in the slightest degreeX
to aggravate the facts, which, aecolding to my instructions, you
will have in the regular course of the trial before you, I should
notonly 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. Navin made
according to my judg.
made these preliminary ob.
servattons upon the manner in which,
anent, ant bound to perform my dUty, it will scarcely be neanent,
emery for me to put you, Gentlemen of the Jury, on your
guard against any inferences disadvantageous to the prisoner,
which you may have formed from circumstances which reached
your knowledge before you assembled in that box. The pri.
:toner at the bar is entitled to your judgment and decision, not
on any information, suspicion, or surmise, or impression,
which may have affected your minds, by any thing represented
to have occurred out of doors betbre this day ; for these, if you
have formed any, you must endeavour, as much as possible, to
dismiss from. your recollection ; the prisoner at the bar being
strictly entitled to your judgment and decision; -not, I repeat,
upon this previously ecquired information respecting his case,
but upon the evidence offered before you this arty, in the pro.
gress of the triel, and on that alone. I must also beg leave to
remind you, that you are equally called upon to dismiss front
your minds the recent recollections, which you must have from
the forms nfthis day's Preeeedinsse, that there are other indict.
menta found against the Prieuneee upon which he mantle tom.
mined for trial, and that you are to look upon the present in.
(el•jecrtemtenh et oasn lyionr
one
t ierecrievl ittaitl.neonPi snrismsll2anatyeredbwe °ai:sineen:aecialliesdutel74,entlbrouatansestwiifl el
It.
I know that these h.
feel it my duty to give you this precautionary admonition. The
-
prisoner at the bar, Gentlemen, was well known as a partner in
the bankin houie of itlarsh,
Sibbald, and Co. of Benter's.
street, which was established• about thirty years ago. his father
was a partner in the original firm--lie had previously been an
acute clerk in a banking-house in the City, and the Partners
who established the Finn not being equally men of business
themielves, save him a share to avail themselves of his practi-
cal information in the management of their affairs. The elder
Mr. Fauntleroy died in the year 1807, and his situation was
immediately occupied by his sou, the prisoner at the bar,
upon whom,-alsO, for his
practical knowledge of business,
and the comparative superiority which lie had in this respect
over his copartners, nearly the whole of the actual business
devolved.' In the year 1815, MIAs Francei Young, of Chi-
chester, became a customer to the firm, and had then entered
in liar name at the bank a sum of 5,4301. in what were
called the 3 per Cent. Coevals. She gave the firm of Marsh
and Co. a power of attorney to receive the dividends in her
name, but gave them no power whatever to sell or otherwise
dispose of the principal. In May 4 1813, however, an applieit-
tion was made at the Bank, and represented as having been so
made in behalf of this lady, to sell by her Power of Attorney
3,0001. of this Stock. You are probably aware of the forms
prescribed by the Bank of England in transacting the business
of these transfers. The applicant goes to the Bank, and ob-
tains a slip of paper, which he fills up with the name of the
party in whose behalf lie applies, he describes the stock in the
Bank the amount and particulars required to be transferred,
and the name and address of the person to whom the transfer
is to be made. Upon receiving these Instructions in the form
inserted upon the slip of paper, the Bank clerk, to whom it is
delivered, hands over a power of attorney, which is to be trans.
mined to the person who is to make the transfer, for the eur.
Poe. of receiving the requisite signature. It is customary at
the Rank to preserve these slips of paper, but in this instance
the Particular slip has been lost, and it cannot therefore be said
to whom it was delivered, it being usual to endorse the name of
the Party on thellip. But die power of attorney, which was
prepared et:en/din to the slip so made is referred, with the ne-
cessary at
of the witnesses. There must be to these
powers of attorney two attesting witnesses, with the description.
of their respective names anti addresses. This power of attor-
ney, purported' to be signed by Frances Young, and that signa-
ture would be proved to be a forgery. The attesting witnesses
were John Watson 'and James Tyson, clerks in the Bank of
Marsh and Co., and their signatures were also forgeries—for
they never transacted any business with Miss Frances Young,
and never executed any transfer 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 so done in this forged trans.
fer, and it will be proved to be in the hand.writing of the pri.
stoner at the bar, 'null its parts. it must be vite clear, there-
fore, that the forgery has been committed either by the pri-
soner, or with his knowledge. The attesting witnesses are his
clerks, men whose handewriting must have been known to him,
and a forgery of which he must at onee have detected, it brought
to him by a third.party. The practice at the Bank of England
was, that, when these transfers, after being duly filled,' were
theee ecuateerdk f
,
theythe purpose
rn ustldeposited for twenty-four hours with
of being compared with the books;
and for such other Inspection and precaution as were deemed ne-
cessary on these occasions for the security of property, so far as
time and circumstances allowed. After all these preliminary
steps, the applicant was further called upon before the instru-
ment was completed, to write at the bottom these word, F..... I
demand this DOWer'to be executed in my Ilarrle," alerted by the
party. on aioeist of Slay, or the lit of Juno, the prisoner
at the bar attended in person et the Bank, and demanded in due
form, the execution of the said power of attorney. So that here
you will have before you a power of attorney prepared in the
priermer's hand-writing, purporting to be executed by Frances
Young, purporting to be attested by two of his clerks, with
Whose I repeat, he must have bees necessarily,
acquainted;
and he, himself presenting the instrument, and
demanding that ft he executed in the usual manner. But suf-
ficient us title would be to prove the case, it is not all, for I am
about to state to you, that we have besides a document, of a
character so extraordinary. In singularly complete in all its
parts, as to leave no possible doubt, that the prisoner at the bar
was the party who had committed the offence. When the pri•
toner was taken into custody in his ow» cotanting.house, he,
in the presence of the 'officer, locked his privatedk, with a key
which was then attached to his watch-..that key was afterwards,
. taken front hits, by the officer; awed when the reapectitbk boll'

citor for the Bank, who conducts this prosecution, went
to search the house in Berners-street for the prisoner's
papers, to 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 the customers, were deposited, and on which the names of I
the owners were inscribed, one tin box without a name. This
led him to examine it. The key was found in the' prisoner's
private desk, which he had himself locked in the presence of
the officer, and on opening this box was found a number of
private papers belonging to the prisoner, and among theta the
extraordinary document of which I have apprised you, and
which ran thus, all in the hand-writing of the .prisoner
Consols, 11,1511., standing in the name of my trusteeship ;
5,000/. E. W. Young ; 6,0001. Consols, General I oung ; 5,0001.
lAnrig Annuities. Frances Young; another 0,000/. ; Lady Nel-
ion, 11,5951. ; Mrs. Ferrer, 20,0001. 4 per Cents. ; l.arl of Os-
sory, 7,000/. ; T. Owen, 9.4001. ; J. W. Parkins, 4,000/. ; Lord
Aboyne, 6,0001. ; P. Moore and John Marsh, 21,0001." This
paper contained a total of sums considerably exceeding 100,0001.
was all written in the prisoner's hand-writing, and these words,
in the same hand, followed, and concluded the fact of the pri-
soner's guilt.—" In order to keep up the credit of our house, I
have forged powers of attorney; and have thereupon sold out all
these sums, without the knowledge of any of my partners. I
have given credit in the accounts for the interest when it be.
came due." May 7th, 1810. Signed Henry Faunderoyer-
These words followed ; —" The Bank began first to refuse our
acceptances, and thereby to destroy the credit of our house,
they shall therefore smart for it." This is the extraordinary
document to which I allude, and was there ever a record of a
fraud more intelligible, and yet more negligently 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 participation in
his acts. Be the intention, however, what it may if to abscond
it was clear the prisoner had subsequently altered his intention,
anti at all events, nothing but unaccountable negligence could
have prevented him from afterwards destroying a document of
such a nature, and so fatal to hitcharacter. The Bank of Eng-
land, in consequence of this information, proceeded to examine
the private accounts, kipt by the prisoner with his firm, and
they were found that the accounts of the parties whose monies
were fraudulently transferred were regularly kept 'up, and the
interest upon the dividends as regularly carried to them every
half year, as if the original stock remained in being. In the
particular case before you, the Broker (Mr. Sperling) employed
by the prisoner at the bar sold out the stock in question to the
amount of 2,9501.25. M., that is, exclusive of the commission
for the sale, which, according to practice, the Broker divided
with the firm. This amount was paid over' by the Broker to
the banking-house of Messrs. Marten and Co., who transacted
business for Messrs. Marsh and Co. in the city, and is regu-
larly noted in the day-book of the latter, by a clerk, by whom
'the entry was made at the dictation of the prisoner. But, in
further management of the accounts, in passing frem the day-
book to the private ledger, this sum appeared to have been
carried to Sir. Fauntleroy's private account:. The general pro.
duce was, however, afterwards posted, so as tolteep up the ac-
counts according to the original amount entrusted to the bank
by the respecove customers. You will, Gentlemen of the
Jury, naturally ask yourselves, as this occurred so far back
as the year 1815, how it happened that during the succes-
sive years which have intervened, the dividends could have
been so managed by the prisoner in his accounts, es to escape
the detection of his partners ? The fact however, was, that
the prisoner hail the entire menagement.for the firm of their
stock-market business. When the dividends became payable,
it was the practice to make out n list, flit one of the partners
to go to the Bank of England and receive payment. . These
lists were always prepared by the prisoner himself, and he
always continued so to manage the entry in the books as to
correspond with the nominal amount of Stock intrusted to the
firm by their customers. The list was of course so made out as '
to make every thing appear entered in thamanner the entries
would have stood had the stock still existed, and. sums were
always carried on to the accounts, so as to keep up the delusion.
It used to be the custom for Mr. Marsh,to go to the Bank and
receive the dividends for the firm; he lived in the country, and
only came to town to perform this part of the business ; he was,
therefore, its to all the other parts of the arrangements entirely
ignorant, and Incapable of detecting the, fraud. There is ano-
ther fact which I think it my duty to explain to yoga ; the note
of the broker for the sale of this particular stock: which Mr.
Fauntleroy ought, were the transaction a Weird/de one, to have
transmitted to the owner, was found amongst4ifitivlier papers
in the private tin box, which contained the ettradinary diva-
mein I have already read to you. These, .oiMlemen, are. the
whole of the fleas, which I undertake to establish. by evidence
before you, against the prisoner at the bar. I shall' first prove
the forgery, by producing the instilment, anti proving, by the
parties whose names are said to be affixed to it, that the signa.
tures are not theirs. I shall next prove, that the hand-writing
in the body of the instrument is that of the prisoner himself.--
I shall then, by the production of the extraordinary document
to which I have alluded,-prove that he recorded the act as his,
and from the accounts it will he clear that they were so conti-
nued by him, with great activity and caution, as to evade the
detection of the forgeries, which he alone could have commit-
, ted. Having stated- these facts, I have discharged my duty in
. behalf of the prosecution, and it would ill become me to pro-
. nounee any opinion upon the effect of such facts. That is your
province, 'Gentlemen of the Jury; afteryou have beard the
whole details of the evidence. Having said that I have new
discharged my duty, I sin persuaded, Gentlemen, you will
also discharge yours, painful as it may be, between the prisoner
,
and his country with an equal and impartial band.
The LearnedGentlernan then proceeded to call the several
; witnesses. - _

J. Tyson sworn, and examined by Mr. Se Builtineuet—l
have been a clerk 17 years in the banking-house of Marsh,
t3ilibald, and Co. The prisoner, whose father was a partner at
that time entered the house in the same year, 1807. The firm
then consisted of Mr. Marsh, who resided at Watford, Mr. S.
J. Sibbald, Mr. Graham, who was a Colonel in the Army, Mr.
Stracey, and Mr. Fauntleroy, the father of the prisoner. In
1807, 51r. Fauntleroy, the father of the prisoner,- died (the
prisoner here sighed deeply.) I always considered that Mr.
Fauntleroy was the most active partner in the Establishment.
He transacted most of the business himself. I remember the
execution of a warrant of attorney by the prisoner in 1815, for the
transfer of stock, which stood In the name of Frances Young, of
Chichester, in the Three per Cent. Consols. Miss Young was
a customer, and banked at Marsh, Stacey, and Co.'s docu-
ment was put into the hands of the witness). This Is a warrant
.of attorney, dated 21st of Slay, 1818, -for the transfer of stock
Marsh end ,C,o's bank. It is signed.
from the name of Aliss Young to that of Mr. Flower, a etock-
Varssignh,astuibreind"dt 'aln'ydso " J. Tyson;„ and after
broker. It purports to be attested by me, and another clerk in
ne';.,arebattleerew,ordlier *ri‘ et; si-esrtkr e eat.') Messrs.'l'he
hand-writing is not mine, his that of Mr. Fauntleroy; I have
no doubt of it, as I have been accustomed to see him write daily
and hourly, for years. There is also the signature " H. Faunt-
leroy" to the power of attorney. It is In the handwriting of
the prisoner ; it is siiried " H. Fauntleroy, Banker, Bement-
atreet," as attorney fur 3liss Young; the prisoner then iireti
in Bernetsi-street ; the power of attorney is for the transar of
3,4501. stock. There was no other James Tyson, a clerk, in
the Bank.
John Watson sworn, and examined by the Attorney-Gene-
ral : 1 have been for 25 years a clerk In the Banking-house of
r Marsh and Co., and up to the failure of the house ; there is no
Other John Watson, a clerk, in the house; I see tho signature
" John Niratsou," and the words," Clerk . to Marsh, Sifibald,
and Co., Bankers, Berners-street," upon the power of attor.
ney, which ix now put into my hands; it is the band-writing of
Mr. Fauntleroy. I do not know Miss Young; my signature
Is put to this document as an attesting witness to the execution
of the power of attorney. I 'did not see Miss Young 'sign the
document, as my, attestation purports. I see it is signed
" Frances Young, 1815." The signature and date are in' the
prisoner's hand-writing. see the demand for the transfer of r
the stock: it is in Mr.-Fauntleroy's hand-writiog. The gigue.,
tore to the demand, " H. Fauntleroy," is the hand-writing of
the PvNener. The' words, ` 1 demand the transfer of mock
from Franees Young to Flower, tlent. stock-broker,"
Ete., are the hand-Writing of Mr. Fauntleroy-
Robert Browning the younger sworn.--I am a Clerk in the
Bank of England, in the 8 per cent. Consols office, and have
been for 20 year& I see this power of attorney now put into
my:hands, dated Ist June, 1015. Aly name is upon the docu-
ment as the subscribing witness. I remember the prisoner
bringing the power of Attorney to the Bank, and demanding to
act as Attorney for Miss Young. I see the words " I demand
to act," they are written by the prisoner, and his signature is
affixed. I saw the prisoner write the words" 114 Fauntleroy,"
to the demand, and my signature follows as n witness to the de-
mand. • art sure I saw the prisoner sign it. Ile :wrntc the de,

.Robert Ikst sworn and examined by Mr. Serjeant Bost:
ET.—I ant Secretary to the Bank of Englund, and now pm:
duce a book containing the orders of the Directors relative to the
sale and transfer of Stock. On the 21st of October an order
was made by the Directors to purchase 5,850 i. 3 per Cent,
Consols, and place it in the name of Miss F. Young, of
cheater. The order of the Directors was confirmed on the 28th
of October, and the entry of' that order is inserted in the book I
produce. The witness commenced reading the preamble of
the order, stating, " that whereas certain stock, to the amount
of 5,5501. 3 per Cent. Consols, which stood in the name of
Frances Young, Chichester, spinster, had been transferred by
means of s forged power of attorney, &c., that the Directors had
resolved to replace the same, Ste.' •
Mr: GURNEY took an objection to the reading of the pre.4
amLle of the order.—Mr. BuonEßtex also contended, *stilt
was not admissible evidence, though the minute of the order of
the Court of 'Directors might be evidence.
Mr. Justice PARK said, that the minute of the order of the
Directors might be read, but he was of opinion that the pram,
We Was not legal evidence. Witness continued s The entry of
the minute in the hand-writing of Mr. Watson, Clerk in the
Bank. The original order is in the hand-writing of the Chair-
man of the Court of Directors, and the entry is a copy. '1"1:e
order was confirmed on the 28th 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-broktr
of the Bank to buy 5,550/. three per cent. Consols, in pursuance
of this order of the Directors; the stock lute been bought and
placed to the account of Miss Young.
Benjamin Cele sworn, and examined by Mr. Law s On the
22d of October I was applied to, to make a purchase of 5,650/."
in the 3 per Cent Consuls, in the name of Miss F. Young, o('
Chichester, on the part of the Bank of England. I made the
purchase. The cash I paid for the stock was 40121. lOa
arid it was transferred to the name of Miss Frances Young,
of Chichester. I afterwards received of ortles from the o°4
vernor of the Bank, to pay me the amount which I had paid
for the stock : it' was signed by the Governor,. I produce the
stock receipt, and the Consols are transferred, from the name of
the Accompton to that of Frances Young.
Mr. Browning, the clerk to the Bank of England, was again
called, and stated, I produce the ledger in which stock is en-
tered.. Miss Young has credit for 5,5501. Consolidated An-
nunitieti, in the stock book. The entry is made on the 22d of
October, 1824.
• Mr. .lustice P.tn s.-. This evitlence does not afibet• the
merits of the case; but it was essential to render Miss
Young a competent witness. Had not the stock, which it
Is alleged she has been defrauded of, been replaced, she
would have an interest in proving that her signature to the
power of attorney was forged; but the stock being replac-
ed in her name, she has no interest whatever in the con.
viction.

Mr. GuRNEY here rose, anti said that he still had an objec-
tion to tintke to the evidence of that lady. lie did not deny
that proof had been given of the Bank having replaced ~thV
stock, but no evidence had yet been giveu that Miss Young
had received the dividends from 11115 to the present time ;,and
till that fact were proved, he contended that she was an in,
competent witness; because it was her interest to prove the
forgery, that she might be enabled to recover her dividends of
the Hank.

The ATTORNEY-GENERAL said; that he should prove dutt
the dividends had been paid.
Mr. FresWield, the flank Solicitor, proved the execution Of a
power of attorney transferring the suns of 64601.3 per Cent.
Consols to Miss V. Young, on the 22d of October. novas
present at the ex ecittion.—The instrument wall read by the Clerk
of the Arraigns.

111 r. Justice ?aux now decided, that the Counsel for the
prosecution were entitled to call Itllse Young, if they thought
-proper.
Miss Frances Young sworn. (This young lady seemed 'to
be exceedingly agitated as she entered the witness box.) 5l
stated--I resided in Chichester, In the year 11115, and Messrs.
,Marsh, Sibbald, and Co., of erners-street, were my bankeiti.
In the year lUIS, I had the sum of 6,450!. stock in the alier
-Cent. Consols; Messrs. Marsh and Co. received the dividends
forme. I invested a further sum of 1001. ssi short time dna.
I received from Marsh and Co. regularly the dividends of 144501.
up to the period when I made the last purchase, and after that
time I received a dividend upon 5,5501. I never authorized
Marsh and Co. to sell any part of the stock for me ; 1 never
authorized the prisoner to make a transfer of it.—(.t,raper 'wag
put into the hand of witness.)--1 see- the sigltilikag. "'ranters
Young," to this transfer; it is not my hanti7writhig.
By the Junes:.—l never gave authority to any out to trans..
fen the stock.
By the Avroitstyy.flywynat...—l WAS AO! iii I. oz ns
May, or June, 1015. 1 was in Chichester.
' to QUET.—It was usual for Mr. and.
the senior partner in the Bank, to go to the Bank of EttAtnitt
to receive the dividends. Mr. Marsh lived in the country, anti
usually came to London for that purpose. It was the practi.ie
by Mr. Serjutot 1 s.sx
for a list of the dividends be made out, and for Mr. Minh
to take it to the Bank. The list was usually made out by Mr.
Fatintleroy ; in fact, I believe he always made out the het.—
The list contained the names of the parties to whom dividend.%
were clue, and the sums they were entitled to, and which Mr.
Marsh was to _receive—(a list shown to the witness).—Thie is
the list of the July dividends in. Consols, in 1814. It is In-
dorsed by Mr. Fauntleroy, the prisoner at the bar, thir-a--.
" 3 per. Cent. Consols,..luly, 1824, Marsh, Stracey, and Co."
By Mr. Justice Pass--I atu positive the indorsement is the
prisoner's hand-writing'.
By Mr. Serjearit Bott4wouri•—The list contains name,
and sums opposite to them.' The whole are written by Mr..
Fatintleroy. The list is alphabetical. The red *figures are in
the hand-writing or the Bank Clerk. In the list under. the
:dleutyuttehreoYdr,vidiisentedithismeheorntetapai,Llthstiseemn674:oslo)ail‘rF.mrta:anhucesenntit lirorro.yum:nwth,:aol'ikeev7,l7,:iimy.
account AlvTi
tnx epos
scr
dividends the
firritwtti t4awnr4a..;:n k
eels' optuut
kept?—'Witness..
eerrdci
tdine
ebmby cit7t
eicni;o_r tkliiiiavttlidtbnai:Oes ki;an
aceAuTtrn.(j)-'ilin)ll James
Tyson,v. Oiet' br crilleliAl(x-o-f-11:tylawrsIll'oanmdweC'r'e4th4egntllinivielcdr4"rltaiiineapr
J 41,1024, entbeey:tlarli,
otth4nirdAce roTemtiTntititillellidierEtYt..4.ll:NEßAL—la the name of France. Young in
ATTonstir-Ole); En At.
Frances Young, 5,5501. Consots.—Dividend, . ss. Oil;
Iter►clThsathenaemnteris.taidsivzity:
ATTOIANT.Y.GENERAI--Producit the book container
account of the dividends of 101&—Witness r I have thin
book,
Arrnitltir.tClzyktiaro—ftersr to the July dividondi iu

1816.--Witness: I find an entry there F. Young. Consols
5,4601. Dividend 731. 19s. Od.
Are. oIiNEY -GE mEnAL.—Produce the book containing the
1816 dividends.—Witness : I find an,entry in January, 1816.
There are names and sums. '['he three first are in. Air. Faunt-
leroy's handwriting ; the rest are written by the clerk. 'I do
.not find the name of F. Young in the names written by Mr.
-:Fauntleroy; the name.F. Young written third in the list of
names written by the clerk, and the sum opposite to it is 4,640/.
-The witness then went through the different books, showing
that the lists of dividends had been regularly entered by Mr.
Fauntleroy every quarter as they were paid, and that he must
have been cognizant of the forgery by which the stock was
: transferred.
A vronerET-Ozer'n nani—Refer .to. the day-book in which
are entries on the Ist ofJune,.lßls.—Witness : I have the book,
ear.d 'found several entries.
rITTORNEY.OEN ERAL.-4» there one entry of the sum of
2,953! 2s. 6d.—Witness : There hi.
voliNwme-Gee x an-e-To whose credit . is that sum
r laced e—Witness. To the credit of H. F., meaning Mr.
Few itteroy.
A T Ti) RN EY-GEN:Etta n—There is an entry of 2,9931.25. 641.,
is were not ?—Witness : There-is.
Avroll.N EV-tittle Ea At..—And between the two entries you
have mentioned there is a sum 01401. inserted, making, if added
wether, the stun of 2;9531. 2s. tic. to the sum of 2,9931. 21. 6d.
AT Toll EY.Orrr Enat.—Produce the private book of
Marsh and leo., and refer to an item of the date of June 6th.
Witness--I an entry in Mr. Graham's hand-writing -of
401. iii the name of Ryan. There is an erasure in the next
item, on the same line. The items June Ist, 2,9531, 2s. 6d.
the. 401.. are in the hand-writing of Mr. Fauntleroy, and
si-si the item of 2,993!. 21, mid., which is placed to Mr. F tee-
- count.
Mr. Justice PARK put the book in the hands of the. Jury,
for their inspection.
Crimes-ex:mined by Mr. GuitertYl This money is placed to
the truths of Mr. Feuntleroy, in his private account. The sums
are very large; to the amount of 50,0001. I don't know whe-
ther the money found. its way into the funds of the Bank, as
that rests with the partners themselves. I don't know whether
they were drawn out on Mr. F.'s account; Marten and Co.
were our city Bankers; they received this money; Mr. Stracey
would know whether this was.applied to Mr. Fituntlerey's account'
or not; but the clerks knew nothing of it. It was the custom
to make entries to initials. We were merely ordered to make
an entry of them in the ledger. [The ledger was now handed
to the Jury.]
John Henry Spurling called by the Attorney-General. In
1815 I was clerk to Mr. Soloman, who was stock-broker to
Alsrmilm and Co. On the let of June, I sold out the sum of
6,000/. Consols for Miss Young, of Chichester. It is entered
in the book. The amount of the money produced by the sale
was 2,956/. 6s. Then deducting one per tentage, there was
left 2,9101.25. 6d. The ,amount was paid on the let of June,
with my draft, to the account of Marsh and Co. at thebanking
bowie of Marten and Co. , I delivered the note of time sale to
Marsh and Co.
Vile note of sale was now put in, and read byllr. Clarke.
Samuel Plank called-,1 am a police officer: of Marlborough
Wove office. I appreheudetl the prisoner the 10th Sept, at his
banking-house, in Berners-street. There was a dealt in the
room where the prisoner was, which he locked after I went
in. Ile knew I had come to apprehend him. The key
with which he locked, it, I took from his .watch at Marl-
• boneigh street e I delivered it to Mr. Treslifield. I went with
Mr. Freslifield afterwards to the banking-house, and searched
the desk 'with Mr. Freehlield. There was a private drawer in
the deek, and from it took some more keys. There were pa-
pers there, and they were brought away by me. The pri-
soner was examined that day. They keys found in the desk
were kept in my possession till after the examination. When
went, after the examination, to the bank with Air. Fresh-
field, we found two boxes. " Fanntleroy" was on one of
. them. I,tried them with the keys, and they opened them ;
after that I hulked the boxes, and delivered the keys to Jr.a
freslifield ; the boxes-were taken away by Mr. Freshfield, in
a coach.
. Mr. Freshfield, the Bank Solicitor, wise now ealled.--I- went
to the house of 31anth and Co. with the officer, the day the
prisoner was apprehended. I mailesearch there. I received a
key from Plank the officer ; it opened the private desk of time
prisoner; in the desk were found some other keys. After' the
examination I returned to time banking-house, andin a room at
the back of the partners' room, I found two boxes ; one had
the name of " Fauntleroy" upon it. There-was another box by
it. I desired the officer to try the box with the keys., that I
might not take the box of any other person than the prisoner.--
• H e did see; and finding from the papers that it belonged to time
, prieoner, I took it home with mime. In the course of the same
night I went through the whole of one, and half of the other.
One contained a number of deeds, probates of wills, letters of
Administration, and official document*. In time. other, there
vier,: 3 great number of memorandums, and diaries; els°, the
otHie note produced. lie found also the paper I now hold
late paper alluded to by the Attorney-General in his opening
hpeeell.)
• AlreTyson, time clerk in theshausecof March and-Co, said,
• that the usual method was to put the Stile note on the file. ',lt
is copied into a book by one of the clerks.
Janice Kirby, another clerk in the house, stated; that he had
searched the hooks of the house, and found none of the transfers
.of stock had been entered. They would have been so in the
regular course of business.
Mr. Watson was re-examined, to prove that theapaper found
in the box was the hand-writing of the prisoner. "rhe paper
.was now put in, end read by Mr. Chirke.
. The power of -attorney to sell the stock was then put in and
.reati, as was also some other documentary evidence which had
Wen substantiated in the course of the trial.
Tire case for the prosecution was then closed.
Air. GURNEY, who during the reading of the power of atter-
Meg alleged to be forged, had been comparing it with the wink
• set out um the indictment, now Wok an objection to time indict.
meat. The whole of time instrument was not set out in the in.
,dictment. lie then pointed out to the Judge certain words
• which had been omitted. We could not bear what they. were.
Mr. Justice PARK said the omission was immaterial, arui
over-ruled the objection. Ile then turned to the prisoner, and
,addressedthug Prisoner, time case on time part of the
prosecution being now closed, and your Counsel having exa-
mined the witnesses, they not being permitted to make a speech
fer y.on, you may, if you wish, say any thing you think proper
.to.the Jury or to me."
Mr. Fauntleroy then rose, and' drawing, a paper from his
besorn, said, with a sorrowful and dejected. air, " My Lord, I.
will trouble you whim a few words." • Then, wiping away a tear
-.Web forced itself down his pallid cheek, he proceeded, in a
very low, and sometimes hardly audible voice, to time following
eifeet i—
t` My Lords, and Gentlemen of the Jury,—Overwhelmed as
1 am by the situation in which I am placed, and being unin-
formed in what manner I should answer the charges which have
.been alleged against me, I will endeavour to explain as well
a.; the poignancy filmy feelings will enable me, the erribarrase-
merits of time banking-house in which I have been for many
years time active and only responsible partner, and which have
alone led to the present invetitigation ; and although I am aware
I cannot expect to free myself from the obloquy brought upon
.mo by my anxiety to preserve the credit and respectability of
time Finn, still I trust that an impartial narrative of the oc-
currences will obtain for me the commiseration of the well-
disposed part of time community. -Anticipating that the Court
will extend its indulgence to me,. I will respectfully submit
mmudi observations as I think will tend to remove 'from in-
- fluenced . minds those impressions which, with sorrow I say,
• must have been made upon them by the cruel and illiberal man-
ner in which time public prints have untruly detailed a history of
my life and conduct, hoping therefrom I may deserve your com-
passion. Although I may be unable to justify my proceedings,
and see ire my liberation, by a verdict of the jury, yet they may
• be considered,' in the mercy of time Court, and a discerning
public, as some extenuation of• the crime:rat/Mt which I stand
• arraigned. With this object, it is necessary?' that I should first
• stets, shortly, the circumstances under which 1 have been placed
' during roy connexion with Marsh and Co. My father este-
• blisheci time banking-house in 1792, in -conjunction With Mr.
• Iltarsh aid other gentlemen. Some of the partners retired in
1794, about which time a loss of 20,0001. was sustained. Here
commenced the diflicultics of the bootie. In 1796, Mr. Stracey
and another geritleinan came into the firm, with little or no
etignientation - of capital. In 1800, 1 because a clerk in the
house, and continued so- six years, 'anti although during that
time I received no salary, die Erin was so well satisfied with
' my attention and zed for the interest and ?welfare of the esta-
blishment, that. I was hendeetnely rewarded by them. In 1807
• my father ; I that snecf.etled hint ; at 'this time I was only
22 Yell's; of age, and time Whole weight of an extensive but needy
banking estaidishment imt once devolved- upon mime, anti .1
' found the concern deeply involved in advances to builders and
• others, which had rendered a system of discounting necessary,
and which we were obliged to continue in consequence of• the
scarcity of money at thee time, and the necessity of making
further advances to those persons to secure the sums which
they Nt6Oti Indebted. In this • perplexed state the house cnnti-
nued until 11410, when its embarramments were greatly increteiL
• ad, owing to the bankruptcies of Briekwodd and others, which
, brought upon it a sudden demand for no less a sum thanl79,ooo/.
• the greater part being for the amount of bills which our house
' tad accepted and disentinted for
theses Pettiest since become
bankrupts. About 1814, 1815, and 1816, from the speculations
Whit 'builders and brieltinakers,'fise,, in which the house was
engaged, it was called upon to provide funds um near 100,0061.,
'lo:avert the losses which Would otherwise have 'visited it from
•;?tbotie speculations. In 11119, the most reaponsiblaef OUT pATt.
esiers died, and we were called upon to pay over the amount of his
altho' the substantial resources of the house were wholly

Inadequate to meet solarge a payment. During these numerous
and trying difficulties, the house was nearly without resources ;
and the whole burden of management felling upon me, I was
driven to a state of distraction ,in which I, could meet with no.
relief from my partners ; • and, almost broken-hearted, I sought
resources where I could, and so long as they were provided, and
the credit of the house suptiorted,•no inquiries were made, either
as •to the manner in winch they were procured, or as to t „
sources from whencelhey"were -derived. In the midst of these
calamities, not unknown to Mt. Stacey, he quitted England,
and continued in France, on his own private business. For
two years, leaving me to strtiggle as well-as I eciiild-withalltfie-
eulties almost insurmountable. flaying thus exposed all the
necessaries of the house, I declare that all the monies tempo-
rarily raised by me were applied not in one instance for my
own separate purposes or expenses but in every case they
I.were immediately placed to-the credit of the house in Bernere-,
7street, and applied to the payment of the pressing de-
mands upon it. This fact does not rest on nay ,assertion, as
the transactions referred to are entered in the books now in the
possession of the assignees, and to which I have had no ac-
cess since -my apprehension. These books, I understand,
are now in Court, and will confirm the truth of my state-
ment ; and to whatever account all the sums may be
entered, whether to that of Stock, of Exch....vier bills, or
to my private account, the whole wen( in the geneeal funds
of the banking-house. I alone have been doomed to suffer the
stigma of' all the transactions ; but, tortured as I have been, it
now becomes an imperative duty to explain to you, Gentlemen,
and through you to the world at large, that the vile accusation
heaped upon me, known to be utterly false by all those who are
best acquainted with my private life and habits, have been so
heaped upon .me fir the purpose of loading me with the whole
of the obloquy of' those transactions, from which, and from
which alone, my partners were preserved from bankruptcy. I
have been accused of •crimes I never even contemplated, and
of acts of profligacy I never caMmitted; and r appear at this
bar with every prejudice against me, and almost prejudged.
To suit the purposes of the persons to whom f allude, I have
been represented as a man nf prodigal ektravagance—prodigal,
indeed, I must have been, had I expended those large sums
which will hereafter be proved to have gone exclusively to sup-.
port the credit of a tottering firm, the miseries of which were
greatly accelerated by the draughts of two of its members to the
amount of near 100,0001. I maintained but two establishments,
one at Brighton, where my mother .and my sister risided in the
'season—the expenses of which, to me, . exclusive of my wine,
were within 4001. per annum. One at Lambeth, where my two
-children lived, from its very nature private and inexpensive,
to which I resorted for retirement, after many a day passed in
devising means to avert the embarrassment's of the banking-
house. The dwelling-house in Berners-strect belonged solely
to my mother, with the exception of a library and a single bed-
room. This was the extent of Fr y expenditure, so far as domes-
tic expenditure is concerned. 1 am next accused of being an
habitual gambler—an accusation which, if true, might easily
account for the diffusion of the prOperty. I ant indeed a mem-
ber of two clubs, the Albion and the Stratford, but never in my
life did I play in either, at.cards or dice, or any game Of chance;
-this is well known to the gentlemen of these clubs ; and my
private friends with whom .1 more intimately associated, can
equally assert my freedom from .all habit or disposition to play.
It has been As cruelly asserted, I fraudulentl.,• invested money in
the funds to 'answer the payment a f annuities, amounting to
2,2001, settled upon femetee. I never did make any such invest-
ment ; neither at home nor abroad, in any funds whatever, have
1 any investments nor is there one shilling secretly deposited
by me in the hundi'of any human being. Equally ungenerous
and equally untrue it is, to charge me with having lent to loose
and disorderly pereens large nuns, which never have, and never
.will be repaid. I' lent no sums Wit to a very trifling amount,:
and those were advanced to valued friends. 'I 'can, therefore,
at this solemn moment, declare most fervently that I never had
any advantage beyond that in which all my partners partici-
pated in any of the transactions .which are now questioned.—
They, indeed, have considered themselves as partners only
in the profits, and lam to be bufdened with the whole of the
opprobrium, that others may consider them as the victims of my
• extravagance. I make this statement, not with a view to crimi-
nate others, or to exculpate myself; but, borne down as' lainby calamity, I will nut consent to be held out to the world as a
cold-blooded and abandoned profligate, ruining all around me-
for the selfish gratification of vice And sensuality, anti involving
even my confiding partners in:the general destruction. Gentle-
men, !have frailties and errors enough to account for. I have sure
ferings enough past, present, and in prospect. and if my life was'
all that was required !dine, I might endure in silence, though
will not endure the odium on my memory, of buying sinned to.
pathper delinquencies to which I never was addicted. Thus
much has been extorted from me by the fabrications which have
been cruelly spread amongst the public—that very public from,
whom the arbiters of niv fate were to be selected. Perhaps,
however, I ought to thank the enemy who besieged the prison
with his slanders, that he did so while my life was spared to
refute them, and' that lie waited not. until the grave to which
he would hurry me, had 'closed at once on my answer and my
forgiveness. There is one subject more connected with these ,
charges to which I am compelled to advert, and I do so With I
great reluctance ; it hes been added to the other charges made
against me, lest the. world should think there was any vice in
Which. I was not an .adept. I have been accused of acting
treacherously towards the female who now bears my name,
having refused to make reparation until threatened by her bro-
ther, and of having deserted her at ;emollient-when she had the
greatest claim on rely air° tection. Delicacy forbids me entering
into an explanation on this subject further thane to 'declare,
that the conduct I adopted" .on that occasion was unin-
fluenced by time interference of any individual, and arose, as I
then consideredremit do. still consider, Irvin a laudable and ho.;
ueurable feeling on my jrart ; arid the lady's brother,. so ref
from coining furs. artsatthe time alluded to, was on service in
the West Indies. „Could all the circumstances be exposed, I
feed convinced that, every liberal-minded man would applaud
my determination e. andel, feel. satisfaction in stating, that the
lady in queationbasalwaVeheen, cod still ie actuated by the
best of feelings towards use, 'I have now only to apologize to
'the Court- for 'having entered so much at length into the state-
ment of my •unfortunate case, and in ceecltieion' I have to ex-
press my perfect confidence, that it tvill receive every favourable
consideration at your hands; and I fully rely that, you, Gen-
tlemen of, the "Jury, will give .an !impartial and merciful
decision."

The prisoner having concluded his tiddress,Sat'ihrwn, evidently
exhausted by the effort and overcome by his feelings. A glass,
of water MIS brought him, of which. he took a little; and while
the witnesses. to his character were exaiiiining,lieleant his head'
on his hand, in which he still held his hanilkeichief in a man.
-ner to cover his face, As if 'unwilling to be seen-by his former
friends. At times, while they. were.ijiVing heir evidence, he,
appeared to weep.
The following witnesses were ctilkd to the .prisoner's charac-
ter 2 and examined by Mr. Gil ItNE
Mr. John Wilson . knew Mr. Fauntleroy 'about 'lll years,
during the whole of Which time he maintained an unspotted
character ; and he always considered him-a man of the strictest
integrity.
Sir Charles Forbes liad.known Mr. Famitlerny"l2 years, and-
always cqnsidcred him an honourable, benevolent, and obliging
gentleman, and an able, attentive, and upright man of business.
Mr. Wray-.I have known the prisoner 0-years. I always
considered lamas deserving of the highest esteem and respect.
I cannot find terms sufficiently strong to express the satisfac-
tion I have always felt in being upon terms of intimacy with
him.

Mr. James Burton.—l haie known Mr. Fauntlemy for 27
years. I have always considered- him as ajust, honourable,
fair, kind-hearted man.

Mr. D. liobeitso n had known him 11 years,. dining Width
tinNeirb.e;wmaaianotalwneadswith character
11..alsrl."krt' a could
ll der opyo ss
eleven
a:clq) -galitnat acquainted
years; his 'character ways most excellent.
Mr. Lindsey.knew Mr. Faxntleroy 'ten or eleven years; he
did not know a roan who appeared to possess more kind or ho-
nourable feelings.
Mr. Antbun iirtrwne was acquainted with him sixteen or
seventeen years, and always entertained the,
...pest opinion of
his talents as .a man of busmess,..and the greatest confidence in
his integrity as a man of honour.
Mr. Wyatt had known Mr. Fatmtleroy twelve • years; he
was a most honourable, kind-hcaiteil, atiit benevolent man.
ir.'lll on triou knew Mr. Faun tit roy twelve years: he was
most benevolent man, and had the highest character for inte-
grity.
Mr. Montague was acquainted with Mr. Fauntleroy upwards
of twelve years, and never knew. a more kind-hearted and hu-
mane man. His character was most excellent.
Mr. Vernor was acquainted with him le, years: he always
had the character, and appeared to be a very kind, and a very
honourable man. _ _

Mr. Ross knewllr. Fnurftlerayl4 years : he had the charac-
ter of being strily honouralde and upright.
Mr. Church knew ...Mr. Fauntleroy 'l2 years, and had much
dealing with him : he .was always strictly honourable and up-
right in all his transactions with witness, and had universally
the character of. the strictest integrity and honour.
Mr. Yatman was acquainted With Itint'l2 years : he always
possessed a character of the highest excellence.
Mr. lioshnel was acquainted with Mr. Fauntlero yl.l years,
and alw.tys considered him a perfectly honest and honourable
man.
At ten minutes after two o'clock Mr. Justice PARK com-
menced his charge to the .istry. The prisoner, he said, was
indicted for forging a power of attorney, to procure the transfer
of stock belonging to Miss Frances Voting; and for, uttering
such power of attorney, knowing it to be forged. There were
other counts in the indictment, charging the prisoner with an
intent to defraud the Bank of England, Frances 'Young, and
also a person of the name of Willianalower, • to whom the

transfer was made. The counts relating to the forgery they
might put out of their consideration, as there was no evidence
of its having been, committed in London; and they, sitting
as a London Jury, on the London jurisdiction, could not try
a prisoner for any entree not committed' in the city ; but if
they should think that the count which charged the prisoner
evith uttering the forged power of atteeney at the Bank of
England, which was, in the city of London, knowing it Ito
be forged, was substantiated by eyitience, the finding hien,
guilty on that count would be r the same in its legal effect
as if he were found guilty on all the counts in the indict-
ment. • The mistime., in his 'address -to .the -had men-
tioned a subject which at all times gave him (31r. Justice Park)
great concern, and on which he would, at whatever peril, express
hiseepinion as often as it occurred. It was trule, painful to those
who were engaged in the administration of the justice- of the
country, to be always hewing the parties accused reminding the
juries which had to try them of the obloquy they had suffered'
in consequence of the misrepresentations of the public prints.
If such misrepresentations had been propagated :to the
disadvantage of the prisoner before his trial, it was a
most cruel thing% It was calculated to produce a strong im-
pression in the minds of' the jury, to the prejudice of the person
on whom they were to pass judgment ;.and it was therefore
right,in the prisoner to request then', us the counsel for the
prosecution had done before him, to pay no attention to what
they might haverecently heard or read to his disadvantage, but
to reserve their opinions till they had heard all the evidence
whiCh couldbe adduced both for and against the accusation, and to
form their decision upon that evidence,* inlet upon that evidence
alone. He hoped, and was confident, the Jury would pay no
attention to any thing they had ever heard respecting the pri-
soner's conduct before they took the book into their hands, by
which they bOund themselves, before God, to deliver a true
verdict, according to the evidence. No man could be tit for
the administration of justice who allowed himself to be in.
fluenced by any reports he might have heard before a prisoner's
trial. He would repeat to them what he 'had already said to
another Jury sitting in their place during the present Session,
that if a man were as wicked as he meld be in all respects,
it was a circumstance they ought not to regret ; if the charges
were not brought home to him, it would be their duly to
acquit him, though. he were stained with every other crime
Which could disgrace humanity; thr the law of England
did not allow any man to 'be heard who merely came for.
ward to the bad character of another, but said that every
culprit must stand or fall by the proof the facts which were
charged against him, and not by any reports which were cir-
culated to his prejudice. As the .Jury had now been
Warned upon this point both by himself, by the Attorney-Ge.
neral, and the prisoner, he would pass from that topic, merely
observing 'that he had allowed the prisoner to go into the de-
tails Which he had offered to their consideration, because so many
grievous charges:had been'bmught against him. He thought,
that as the pnsoner had been cruelly abused, he had a right to
make the statement he had 'done in contradiction of those,chargee
—but he must now proceed to tell them, that the statement did
not go at all to the point into which they were assembled to in-
quire. The only point which they had to decide was, " Ay or
no; did the prisoner know this power of attorney to be forged,
and utter itsvith intent to defraud the Bank of Enland, Frances
Voting, or William Flower, all or any of them ?"---tier if he de-
frauded any of them, in point of law it was immaterial which.
In deciding upon the charge of uttering a power of attorney,
knowing it to be forged, there were three points for their consi.
deration. The first was this—were they satisfied that the inetru-
mem wilt forged or not? it were not forged, the charge fell to
the emend at once. It' it were forged, then flame .the second
point—did he utter it, ay or no ? Then, if it were forged, and
he uttered it, came the third and most important question—did
he know it to be a forgery ? If they were satisfied that these
three points—the forging, the uttering, and the guilty knowledge
.were all substantiated • by the evidence, then there could be
make,v r d i t
no doubt of the guilt of the prisoner, anti they must return a
lar wouldist him.
eall tihneitrhaettieelwi
attention
etrovtaitiieonesv,ktivelltiicceh
asb
e hado to
on each of these three points. On the first point—was the in-
strument forged ? By the law of England, a person whose
name was forged to an instrument, in which they had an in.
terest, could not be a witness to prove the forgery. It was a
strange rule of law, but the Court was bound by it. Miss
Young, whose name was forged to the power of attorney in.
question, under which her stock had been transferred, could.
not therefore be called to prove the forgery. But the Bank of
England, to qualify her for being a witness, had replaced her
tlley had acted with great pro.
priety. a release from all claims•
stock theirlah e pye xhaer
alsoe, in whichen her
which they might have on that account upon her; and she had,.
in return, given them a releitse fromedl claims which she might,
have on them for the dividends which had accrued .-upon her!
stock since the commission of this alleged forgery. she had
thus ceased to have any interest in the question whether the
instrument was a forgery, or not, and had consequently be-
come a competent witness. She had proved that the name
,e Frances Young," signed to the power of attorney produced,
was not in her hand-writing, and that she had never authorized
any person to write it.
then came James TysonTahintt‘JlninWirtioft:,cslterir)knsgipnotilitlet."bahnukt;
and
wil,sntrgoinintvii
atd to
n suitf
theitel ipptniris).oiatsvrtouendifii
ee•tnylwitasita,s:tthadei partner,
witnesseser trivannreri
e,s
seoell%fnv
jori‘tsesieni
onsxtleimici
rnuoetsui
tonhwngeeibrityneh
their
•
ng,
lives, till they saw her at the police-office, after the. prisoner's
apprehension. This was as strong evidence that the instrument
was a forgery as could be produced, and was pregnant with
proof to satisfy every reasonable .mtrid. The next point for
their consideration was—did the prisoner utter the forged in-
strument ? It was stated in evidence, that, by the practice of
the. Bank, the names and description of persons. to whom powers
of attorney for the transfer of stock are given roust be stated
to the Bank, and that. the person SO appointed must 1.;.o to
the-Bank and demand to act under the power he has received.
Now, if they believed the evidence of Browning, a most mate-
rial point was established against the prisoner; for that witness
W0re...." My name is subscribed as a witness to this demand,
having been made by 31r. Fauntleroy In person, and 1 saw
hint execute the instrument." In consequence of that de-
mend, the transfer of the stock had been made by the
Bank upon time power of attorney presented by the prisoner,
the Bank sumiosing it to be a genuine instrument. If he had
himself any doubt upon this part tof the case, he should be
' glad to suggest them ; but he really thought that the evidence
proved beyond all possibillity of doubt, that the prisoner had
uttered the instrument, and uttered it in the city of London.
The third point was—did the prisoner at the time of uttering
know that the instrument was a forgery ? On this an observe
don arose on the face of the paper itself. First of all, it was
not signed by Miss F. Young. In the next place, Tyson and
Watson, whose names were subscribed to as witnesses, swore
that their names were not in their hand-writing. Was he ac-
quainted with that circumstance or not? Why, the instrument
was filled up in his own hand, with the wools—" Clerks to
Marsh and Co., hankers, Bernereetreet." As he was acquaint-
ed with their haral-writing, he must have known that their
attestation was a forgery. She could not have conic to the bank-
ing-house whilst he was aliment from it, and have signed her
name in the presence of theewtwo young menu .for they swore
that they had never eeen her till they had met. her at Marlbo.
much-street. The prisoner, however, had carried it to the clerk
of the Bank, and had acted upon it. The' witness Tyson had
gone into an account of the manner in which the dividends upon
stock were brought home from the Bank of England, and how
the entries in the books of the firm.had been made to meet those
dividends, and to prevent detection. It had also been proved;
that although the transfer of this stock took place in -1015, the
prisoner, for :the,purpose of concealing that fact, continued to
.give Mies Young credit for its amount in lists of stock on
which dividends were to he received by the Bank in which
he was a Partner, and which lists lie made out down to a
short time before his apprehension. It had also. been proved
that there we an entry made in the books of the bank in
which the prisoner was aniartner, anden his hand-writing, dated
Ist June, 1815, in which he took credit for 2,953/., paid by
him that day into their hank;
and it was proved by the stock-
broker who lied sold Miss Young's stock for the prisoner under
the forged power of attorney, that the sale was made on the
.Ist or June, It", and that the produce which lie paid over to
• the, prisoner on .that day was 2,153/., the•very sum for which the
prisoner had tat: m credit in his own books. Mr. Gurney, the
Prisoner's Counsel, had
asked •on this evidence, whetherehe
money went to the
eredit of the prisoner's private account, or
was carried to the general account of the firm ? But that was,a
matter totally irrelevant, and nothing that the prisoner had said
on that paint could at all form a subject for their consideration.
—Their only inquiry was, whether the prisoner had used the
means imputed to in for obtaining the money—not how he
had employed it. An -far as'regardcd the present charge, it
wiS no matter how lie had e
.1f every sixpence of
it had been applied to propxp ended it.
the falling credit of die house,
it was nothing to them.,. neither did it bear at all upon the
issue they had to decide, whether it had been consumed in
.habits of profligacy or not. He trusted, for the sake of the pri-
I•aoner, that it had not been KO consumed, but whether it had or
htsd Ilona...lid not increase or diminish the crime for which
he was called to answer at their bar. It was natural for the
prisoner to suggest to his Counsel the question which had:
upon .ite but it was his duty as a Judge to tell them, that if
led to these observations and for the prisoner himself to remark
they any such considerations, they would
entering werertignPloend b
a pry
ovince which did not °fright belong to them.
Hitherto he had been examining the probability of the prisoner's
having Power of attorney with a guilty knowledge,•
as that probability watt to be inferred from thelacts ofthe case g
but after the next piece of evidence he was to mention, what'
uttered tlie
man could lay his hand on his heart and Ray he was not con-
vinced that the prisoner knew the power of attorney was forged
at the time he uttered it? He onlyartid this because the
Owner luttl. odd :it of himself in the document which

bad been found among his private papers. That docu-
ment was the most extraordinary document that had ever
been produced, during all the long annals of crime, in a Court
of Justice. It was perfectly unparalleled ; he had never in
the whale course of his life either heard:oood of so singular a
paper. ! The existence of it in. so ttagnaatd a place was al-
most beyond comprehension ; and yetthe discovery and exist-
ence.of it had been proved by evidente the most irreproachable.
.The learned Judge here retapitulatedth4tatement of Plank the
officer and Mr. Freshfield, as to the manner. in which they
found the papers in the prisoner's box; and firstread the paper
called the sold note of-Miss Youngs stock, which, it has been
proved, if regularly sold, would have been filled and copied into
the bank books, neither of which had been done. Ills Lord-
ship then read the document in which the prisoner had stated
his having sold the stock mentioned in it under powers of at-
torney, which he forged ; and then said, is it possible for any
man to say, after -this evidence, that there can be a doubt on
the third point, that at the time the prisoner uttered the porter
of attorney, he knew it to be forged. Why, he had solemnly de-
clared the fact under his own hand eight years ago. It wassaid_
that it was done to save the failing fortunes of alehouse ; but in
reply to such an assertion, he was hound to say that no induce-
ment on earth could have led any man of honourable mind to
commit such wanton robbery—such gross peculation—such
cruel frauds on women and children, as the prisoner confessed
himself to have committed in this most singular paper. The
frauds were of such an extent as even to be cruel on the men of
substance on which a part of them were committed; some of the
powers forged were fbr sums so large, that almost any man must
be injured by the loss of them. He thought that after what
had been that day proved in Court, there could be no doubt
that this forgery was committed with an intent to defraud.—
The intent was recorded under his hand for.the prisoner had
written in the document to which he (Mr. Justice Park) had
before alluded, " The Bank -shall smart for it." He might,
indeed, wish to support the credit of his partners, but he (Mr.
Justice Park) must again repeat, that such a motive was most
unjustifiable in law, in morals, and in religion. In an honest
or Christian mind no inducement could come in competition
with the misery such conduct must produce. There was one
point in the prisoner's favour which he was glad of, and it
might, perhaps, be some consolation to the prisoner's mind—a
great number of respectable gentlemen, 10, he believed—with,'
some of whom be was himself acquainted, had given him the
highest character for integrity and 'honour, as far as they had
known him. It was the misfortune of those cases, that it was
persons of high character who had the opportunity of commit-
thug such frauds : no others could do it. The jury had heard
other indictments against the prisoner read, but they must put
them out of consideration, as they were only to attend to the
case on which they had heard evidence. If they were satisfied
by the evidence they had heard, that the.crime imputed to the
prisoner had been proved, it would be their duty to find him
guilty, even though he had the character of an angel ; just as it
would be their duty to acquit him, if the crime were not prov- '
ed; even though he was a man of the mast profligate habits.—
Character was only of -use in doubtful cases. If in this case
they entertained any doubt as to the prisoner's guilt, they
would fling the weight of his character into the scale, and would
acquit him ; if, however, they entertained no.doubt, then, how-
ever they might lament,--and every man of feeling must la-
ment—to see a man of the prisoner's rank in life in the pri-
soner's situation, they must discharge their duty with firmness
and consistency, and must return a verdict of guilty against
him, if they had any regard for the due administration of im-
partial justice.
The Jury then retired to deliberate on their•verdict. During
iteir absence, which lasted for twenty minutes, Mr. Fauntleroy
resumed his seat, and appeared,extremely affected. A sudden
rush of.the crowd at the door of the Court announced the return
of the inv. The prisoner stood up to hear his awful sentence.
Whilst the Clerk of the Arraigns called over the names of the
Jury, and repeated the formal words of the law—" How say
you ; are you agreed upon your verdict, is the prisoner at the
bar guilty, or not guilty ?" the most intense interest was mani-
festedAwht toitis remained moment.for a everymeyoe moment
st
quite
by every person present. The foreman replied," Guilty
of uttering the forged instrument, knowing it t.l be forged."—
axiteedmoontitolnieleussn,bapaPgrepnrtislyonuenr-1
conscious of every -thing around hint ; and then sunk down
into!his chair.

we(t
oa was
theco d
"pruitrea letiyno a f
proceed_ lowtone)sruoseectiittiroenfer : it.
A short conference then took place between the Bench and
othf evoicounsel
tfowr
etiplerel m
ing with the.other indictments. Upon itsconc
Mr. Justice Plum addressed the prisoner, rather abruptly,
" Henry .Fauntleroy." The prisoner, who, for some minutes,
'hail been quite absorbed in his meditations, started at the hound,
and dial lookittgi wildlq.at-the Bench, rose, as-if in expectation
that sentence was to be -pronounced upon him. The Learned
Judge proceeded—" Henry Fauntleroy, the Learned Attorney.
General does not feel it necessary, in the discharge of his public
duty, to proceed further with the indictments which have been
preferred against. you. It is no part of my painful duty to pro-
nounce the awffibsentence of the law, which must follow the ver-
dict whiCh'has iust.been recorded. That unpleasant task will
devdive on thetearned Recorder at the termination of the Sell-
aims. I should, however, desert my duty as a Christain Magis-
trate,: if 'I did not implore you with all kindness, to bethink your-
self seriously of your latter end.-=-(A convulsive soh from the
wretched prisoner was-distinctly audible through the Court at
.this period of the Learned Judges address.)—According to the
constitution-of this country, the prerogative of mercy is vested
in the Crown ; With that I 'have nothing to dn. Ido not say
that in . your unhappy case the extension of mercy is impossible ;
but am afraid that, after the many serious acts which, under
your own handwriting, have leen proved against you, involv-
ingso many persons in -ruin, you would only deceive yourself
byindillging'in any 'hope of mercy on this side of the grave.—
Do not, therefore, flatter yourself.witl expectations, which may,
I had almiist said must, be disappointed; but in the short time
which in all probability is allotted to you here upon earth, turn
your heart to the contemplation of your awful situation. Take
the best steps in your power-to-make your peace with God, and
use all your exertions-to become acquainted with him, and his
all-eradious mercy."
The unfortunate gentleman -was quite overpowered at the
conclusion of this address. He appeared scarcely able to sup-
port himself; and on his removal. from the bar we think that
he must have fallen to the ground, had he not been supported
by Mr. Wontner and one.of his friends, who re-conducted him
to his prison.

Funs itr:tt PARTICIPLARS.—When this unfortunate Indi-
vidual left the Court on Saturday, he exclaimed, " Thank God,
this trial is over." He was greatly exhausted, and some time
elapsed before his spirits were sufficiently restored to enable
him to take refreshment. lie was visited by his Attorney,
rnd several friends, to whom he said he was satisfied with
the trial, and the Jury .could not, in his opinion, have re.
turned any other verdict. One of the Jurors wept very much,
and several of them were deeply affected. Mr. Fauntleroy
slept better on Saturday night than he had done on any
slight during the preceding week; and yesterday morning
he attended divine-service at the chapel in Newgate. The Rev.
Mr. Cotton preached a very appropriate discourse. lie took
for his text the following words..--. 1 Believe in the Lord Jesus
Christ, and thou shalt be saved." Mr. Fauntleroy conduct.
ed himself in the most decorous manner, and appeared to have
no hope except beyond the grave. lie was occasionally
affected, particularly after the worthy Divine had repeated
Christ's promises of pardon to repentant sinners, and
when he called upon each of his hearers, who were un-
der conviction, in the following words r--" Set thy house
in order, for to-morrow thou shalt surely die." During
the prayers, Mr. Fauntleroy joined in the responses with unu-
sual fervour. After service, on retiring to his room, he became
exceedingly dejected, and spent the remainder of the day in
writing to one of his partners, and in reading.

SOUTHAMPTON, OCT. 31.—Thia morning early
was buried in All Saints Church, in this town, Mrs. Woon,
wife of Major Worm, late of the Queens. The funeral was
attended :by Major Woon and his son, and four private
friends.

We ore informed that new works have nricen
on the rules of those parts of the fortifications surrounding Vi-
enna, which were destroyed in 1809 by the French. The new
works comprehend, in their vast extent, large squares, and a
public garden appropriated to the recreation of the inhabitants
of this capital. According to the Intentions of the Emperor,
two great monuments adorn the theatre of preceding devasta-
tion ; one as a memorial et' the triumphant struggle with un.
parallelled difficulties, the other consecrated to the Arts. A
Portal, the architecture of which is in the purest style, closes
the square before the Imperial Palace. A Temple, built on the
model of the Temple of Theseus at Athens, contains Canova's
greatest work.—The whole has been executed by the soldiers;
and thus, the same hands which, during a period of more than
20 years' war, combatted the enemy at, thetountry, have contri-
buted, after the re-establishment of tranquillity, to the noblest
works of peace.—The public Garden has been finished above a
year, and the Palace gate, with the adjoining works, have been
completed for some weeks past. His Imperial Majesty, how-
ever, wished particularly to indicate the historical design of this
gate, by the time when it should be opened, and has, therefore,
ordered that this shall take place on the 1 lth anniversary of
the Battle of Leipsig, which was so important to all Europe,
and especially to Uermanye
•