The Sun.
London, England, 1848-09-28 00:00:00

GUILDHALL.

A
named Robert Bell Burns, was
brought young
up
innincaus,tody of George Hodges, 143 A, on
the charge of forging the acceptance to a bill of ex-
change for 2001.
John Earles, a clerk to Messrs. Coutts and Co., the
bankers, said—This morning a bill was brought to
our banking-house, bearing date " London, Ist Sept.,
1848," drawn by H. Calvert, on the manager of the
Bank of Scotland for 2001. sterling, payable one day
after date. It was presented by a Mr. Hitchins, who
inquired whether the discrepancy between the terms
of the bill and the acceptance would occasion its re-
fusal, and he was informed that, although the ac-
ceptors kept an account at their house, still the
acceptance was a forgery.
James Wilkins Hitchins, of No. 8, Ponto-square,
was then called, and said I called at Mr. Teague's
office, in Aldermanbury, yesterday afternoon, be-
tween five and six o'clock. Mr. Teague shortly after
came in and asked me if I could lend the prisoner
some money, as he only wanted 21. Not having that
sum about me, I did not immediately get the amount,
but afterwards did, Mr. Teague giving me a bill of
the prisoner's for 2001., as security. The bill was
not endorsed at the time I received it, but it was
handed to the prisoner, who wrote the endorsement
on the back in my presence, and then gave it to me.
An appointment was made with the prisoner to meet
me the next day at the Duke of York's column, for
the purpose of redeeming it, but, having spoken to
my solicitor, I was advised to make a few inquiries
before meeting him, and accordingly I went to the
banking-house and asked the question which the last
witness deposed to. After that a clerk was sent to
meet the prisoner, and he was eventually given into
custody.
On further examination, the witness said that the
bill was given to him in Redcross-street, and endorsed
at some tavern in the neighbourhood.
Mr. Teague, solicitor, of Aldermanbury, said—l
have known the prisoner for some months, and have
been acting as his solicitor. I understood he was to
advance a large sum of money, as I believe from the
correspondence that has passed between me and other
parties. It was in the early part of the month. He
brought me this bill, which I deposited in my iron
safe, saying, that it would enable me to say that I had
a portion of his money. I kept it there for some
days, and on Saturday week he wanted some money
for a temporary purpose, when I got a person of the
name of Hunter to advance the 21., leaving this bill,
which I identify, as security, believing at the time
that it was a genuine one. Yesterday afternoon,
when I went to the office, I found the prisoner in the
inner office, and Mr. Hitchins on the stairs, going
down. The prisoner was to let me have the 21.
to get the bill back yesterday, and on asking
him if he had the money, he said that he had
not. He had previously told me of money
transactions with Mr. Hitchins • and I said there can
be no objection to your asking Mr. Hitchins for the
amount, and he said he would ask him. Mr. Hitchins
was then called in and consented to do so if the pri-
soner would endorse the bill, which he promised to
do. They all three proceeded to Mr. Hunter's, and
having paid the money, the bill was given into Mr.
Elitctuns's custody after the prisoner had properly en-
dorsed it at a public-house close at hand. The pri-
soner and Mr. Hitchins then left together, and I have
not seen them until now. I understand from what
has occurred bet ween me and the prisoner that he was
coming into a small fortune of 1,500/., and that the
bill in question was a portion of it, and that wishing
for money he did not wish to break into such a large
amount for so small a sum, as it was only for a tem-
porary purpose.
The prisoner declined saying anything beyond ask-
ing the Alderman whether he could not be con-
victed summarily ?
Alderman SIDNEY told him that at present he did
not know what he should do with him, but all events
he must be remanded until Friday, for further in-
quiries to be made.
MARLBOROUGH-STREET.

Benjamin Thomas Cotton, a clerk in the employ of
Mr. Burton, furnishing ironmonger, Oxford-street,
was brought up for final examination, charged with
having embezzled the sum of '2l. 2s. 6d., the property
of his employer.
A porter, named Praed, in the service of Mr.
. d
the prisoner gave him an account of
to collect. When he returned home with
liTer2mtso.onndey he had collected, he received two cheques
from the prisoner for amounts which he was to pay
over to the cashier, and then the prisoner asked him
for 2/. 2s. 6d., which he gave him without receiving
any cheque. Witness mentioned the circumstance
the next morning to Mr. Alfred Burton.
The cashier said, the prisoner, as clerk, had no
business to receive any money. There were printed
directions, prohibiting money from being received by
any one but the cashier, placed in different parts of
the warehouse. The prisoner, instead of receiving
the money, ought to have given the porter a cheque,
and the porter ought to have taken the money into
the counting- house.
Mr. Burton said he waited until Saturday before
he took any steps in the mattsr. Finding the money
was not paid over by the prisoner, he caused him to
be taken into custody. When in custody the prisoner
admitted that he had taken the money for a tempo-
rary purpose, but he said it was his intention to have
paid it back the day on which he was apprehended.
A sum of money equal to the abstracted sum was
found in his possession.
Mr. Wontner, on behalf of the prisoner, contended
that no embezzlement had been committed. The
prisoner had been in the prosecutor's employ for two
years, and had hitherto borne a good character. lle
had borrowed the motley for a few hours, but the
proof that he intended to return it was to be found in
the fact of money found on him when he was given
into custody. In addition to this, it had been held
under the Embezzlement Act, that where a servant

received money, and handed it over to another party,
if that party appropriated the money it was not em-
bezzlement. To constitute embezzlement the money
must have been received for the employer, without
the intervention of any second party.
Mr. HARDWICK was of opinion that the case was
one for the decision of a jury, who would no doubt
take previous good character into consideration.
The prisoner was then fully committed.

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