The Sun.
London, England, 1841-08-17 00:00:00

they were now prepared to lay befor the Jury the proofs
hat had satisfied them of this fact, and he had very little
doubt that they would also satisfy the Jury. Great
difficulties had been thrown in the way of the defendants
in getting up evidence. They had no means of compelling
the attendance of witnesses who were abroad, and they
had already heard that the plaintiff had shown all
the opposition he could to them ; but, notwithstanding
this, he had no doubt be should be enabled to lay such
a case before the Jury as would induce them to return
a verdict for the defendant. Much had been said about
the high connexions and the former station of Mr. Gra-
ham, but however this might be, it was quite clear that
he and his son had been a party to one of the most in-
famous conspiracies that had ever been disclosed in a
Court of Justice. There was no doubt, therefore, of the
existence of a conspiracy to defraud, and he should be
able to show beyond all doubt that it was first concocted in
Florence, and that Graham and his son were active par-
ties to it, and he was also sure that he should have very
little difficulty in proving to the Jury that the plaintiff
was also a guilty party to the conspiracy. The Learned
Counsel then read the whole of the alleged libel, and he
asked the Jury whether it could be called an anonymous
charge, when fbr the most part it consisted of public do-
cuments and of depositions made before a Court of Jus-
tice, which the Times had done no more than republish.
The, Learned Counsel then referred to the different
letters, and said that he should produce others that
would leave no doubt of the fact he stated. In
all these letters the plaintiff was referred to as
having been connected with the conspiracy. There
was no doubt that it was a most serious
imputation upon Bogle, and that he must suffer most
grievously by it, but this was a natural consequence of
being concerned in a guilty transaction ; and if the facts
were proved against him he must abide by the conse-
quences. He would now proceed to lay before the Jury
the circumstances of this conspiracy, and in a matter of
such vital importance in a commercial community he
might be excused for going into some little detail upon
the subject. They had heard that the plaintiff was the
son-in-law of Mr. Graham, and it would not be neces-
sary to enter into any particulars of his previous history,
but to state that he at length went to Florence. where he
established himself with two other gentlemen in busi-
ness as bankers. Messrs. Glyn and Co., London, it
appeared, had a mode of doing business by giving
circular letters of credit to the bankers in the different
towns of the Continent, which letters were signed by
one of the partners, and any person'holding one of those
letters was enabled to get money at any bankers with whom
Messrs. Glyn kept an account all over the Continent of
Europe, and the only voucher for' the genuiness of the
instrument was the signature of one of the partners, and
no letter of advice was sent. The Learned Counsel then
said that by means of a tracing-machine an exact fac-
simile of a signature could be obtained, and he said he
believed he should be able to satisfy the Jury that the
forged letters of credit made use of in the course of this
conspiracy were signed by the means pf such a machine,
so that the forged signature was most accurate. He should
also, he said, be able to show that the forgery was com-
pleted at Florence, and he was afraid by the elder Graham,
and that it was arranged that ten or twelve of the conspi-
rators should go to different parts of the Continent, ob-
taining money in all directions, and they were then to
proceed to England and divide it among them. It would
appear that in 1839 the Marquis Bourbel, one of the con-
spirators with the elder Graham, his son Alexander, and
the plaintiff, were at Florence, and the first-mentioned
person, who did not bear a very reputable character, resided
near that city, and he had a banking account with the
house of Bogle, Kerrick, and Co. It would be impossible
for them to prove the conspiracy by the statements of the
parties themselves, but from the circumstances he should
lay before them, he did not think there could be any
doubt that at this time the scheme was first concocted.
It had been shown that the letters of credit that had been
referred to were not left in the care of the bankers ; and
there was, therefore, a difficulty how to get a signature
of one of the firm. It appeared that at this time a gentle-
man namen Nicholson resided at Florence, and he had a
letter of credit for 1,5001., and the bank of the plaintiff was
applied to to advance money upon that letter in the ordi-
nary course of business ; and Mr. Nicholson, contrary
to the usual custom, left this letter of credit in the
custody of Mr. Kerrick, one of the partners. This,
then, would give an opportunity of obtaining the
signature ; and he should show that, in 1839, the
plaintiff, by a false pretence, that Mr. Nicholson
wanted to draw money upon the letter of credit, ob-
tained possession of it from Mr. Kerrick. He should prove
to the Jury that Mr. Nicholson made no application
of the sort, and after it had been several hours in Mr.
Bogle's possession he returned it to Mr. Kerrick. Mr.
Graham was ordered to leave Florence, and after he
was gone a small machine was sent to the bank for him,
the object of which machine was to enable any one to
obtain an exact fac-simile of any writing submitted to
its operation, and there was no doubt but that this had
been made use of to obtain the genuine signature from
the letter of credit he had referred to, and which Ives
afterwards transferred to the forged documents ; and
this must naturally lead to the conclusion that Bourbel,
Graham, and Bogle, were the original promoters of the
conspiracy. What could Bogle want to gain possession
of the letter of credit for, and what object could he have,
when they considered the circumstance of the tracing-
machine, but to obtain a copy from the genuine
signature. He should show the Jury that after
this Bourbel and the Baron Ageneau, another of the
party, proceeded to London, where they obtained from
Messrs. Glyn and Co. a letter of credit for 150/., and
_having drawn back all the money except 5/. at Paris, they
returned to London, and they there induced Perry,
another party concerned in the conspiracy, to engrave
a plate for them, and having previously purchased a
quantity of the same description of paper as that
used by Messrs. Glyn and Co. for the genuine letters, a
great number was struck off, and as nothing was jnow
wanted but the signature, they set off to Florence with
the forged letters, to get the signature added to them. It
would be proved that upon Bourbel's return to Florence
he was in a private room with the plaintiff, with the
door locked, for several hours, and the circumstance was
remarked as being an unusual one by Mr. Kerrick.
It would be proved that immediately after this, one
of the party, who went by the name of the
Marquis de Pendry, presented. a forged letter
of credit for 2,000/. to different bankers at Bologna
and Trieste, and obtained the whole amount. The
Learned Counsel then went on to detail further pro-
ceedings of the party, and said that a number of sub-
ordinate agents were employed, who proceeded to dif-
ferent parts of the Continent, and succeeded in obtaining
large sums of money upon the forged documents. The
scheme, however, it appeared, was put an end to by the
proceedings of one of the parties, named Perry, in Ire-
land, who, having received 7001. upon one letter of credit
from a banker at Brussels, presented the same letter al-
most immediately afterwards to a banker at Antwerp,
and this excited surprise, and he and a woman named
Angelina Pipe, who had accompanied him, were taken
into custody, and they were subsequently condemned, the
former to 15, and the latter to 12 years at the galleys.
When this man was taken into custody he made the
deposition that had appeared, and then openly accused
the plaintiff Bogle of being concerned in the conspi-
racy ; and the matter was looked upon in such a light
that a communication was sent to the Charge d'Affaires
of this country at Florence, and Mr. Kerrick, the plain-
tiff's partner, was sent for, and the statement was shown
to him. Mr. Kerrick, as might be expected, was dread-
fully affected at what he heard, as up to that time he had
not the slightest suspicion of the honour of his partner.
He immediately sent for Mr. Bogle and told him the
charge that was made against him, and instead of his
asserting his innocence, or doing that which an innocent
man would have done under the circumstances, he ap-
peared to sink under the accusation, and he at once con-
sented to retire from all connection with the bank. He
was intreated to deny the charge, but he did not do so,
and he put it to the Jury whether this was the conduct
of an innocent man. Why did he retire from the
partnership ? Why did he shrink from entering into
any explanation of the charge made against him if he
were not guilty ? Finding that no explanation
was offered by the plaintiff, the Tuscan Government in-
terfered, and the plaintiff was ordered to leave Florence
in five days ; and, although another day's delay was re-
quested as a favour, it was refused, and he was com-
pelled to leave Florence at the specified time. The
Learned Counsel then went on to say that after
Bogle had left Florence several letters addressed to Bour-
bel and C. Smith, Esq. (no such person being known?,
were received in parcels addressed as private communi-
cations to the plaintiff, which were subsequently opened
with the consent of the authorities, and they were to re-
fir to the proceedings of the conspiracy, and the mode
in which it had been carried out. The Learned Coun-
sel then proceeded at some length to remark upon the
circumstances of the case, and he concluded by stating
that he had the greatest confidence that when all the
facts were laid before the Jury they would be satisfied
of the truth of the alleged libel, and that they would re-
turn a verdict for the defendant.
'nit following evidence was then adduced :
Mr. George Carr Glyn deposed that he was a partner
in the firm of Glyn and Co., and described their mode
of transacting business with their letters of credit. lie
identified the signature of Mr. Halifax, one of the part-
ners in the firm, and lie also proved that no persons of
the names of Perry, Ireland, Coulston, Pipe, or Vended:
kept an account or had any credit at their house.
'rho statement of the man Perry, made under the
'Commission by order of the Court, was then about to be
put in, when Mr. Thesiger objected that this person
having been convicted of an infamous crime, his evidence
was not admissible.

Lord Chief Justice Tindal expressed his opinion that
the objection should have been taken at the time of the
examination, and that it was too late now to make it. It
should also be proved that it was in accordance with the
lass• of that country. _ _

Mr. TIIESIGER said, he would, at all events, tender
evidence to that effect, and his Lordship would no doubt
take a note to the objection.
M. Delange, an advocate of Belgium, was then exa-
mined by means of an interpreter, and he deposed, that
according to the 28th article of the Code Penal of Bel-
gium, a person convicted of forgery, or any other of-
fence of that description, was incompetent to give testi-
mony in a Court of Justice, and his evidence could not
be received. It appeared that Perry was sentenced to
fifteen years' immix forces, and the woman Pipe to
twelve years of the same punishment.
In cross-examination the witness said that, if the
Judge thought proper, in case of doubtful evidence, he
had the power to question a narty under such circum-
stances, if his statement was likely to throw any light
upon the matter, but he could not examine him on oath.
Lord Chief Justice TINDAL said he still entertained
the opinion that the objection as to the competency of
the party to give evidence should have been brought for-
ward on the voir dire, and he should therefore admit it ;
but he would take a note of the objection.
The statement of Perry was then read. It was merely
a copy of that which formed part of the
Several bills of exchange, varying in amount from 'WI
to 400/., vihich had been given to the various continental