The Sun.
London, England, 1846-03-05 00:00:00

CEKARGE OF EMBEZZLEMENT,

, • .
COMMITTAL OF .A LIVERPOOL BROKER.
(From the Liverpool Courier of Wednesday.)
Yesterday extraordinary interest was excited at the police
court by the circumstance that Mr. James Spence, of the
firm of lessrs. Spence, Cochrane, and Co., brokers, of Water-
street, was put to the bar, charged with having embezzled
119 casks of oil, of the value of 2,000/. and upwards, by
transferring the property without the consent of the owners.
The prisoner is a young man of very respectable appearance.
Mr. Lowndes, solicitor, of the firm of Lowndes, Robinson, and
Batumi, of Brunswick street, appeared to prefer the cl.arge,
I and Mr. Bardswell, solicitor, of the firm of Bardswell and
Littledale, Royal Bank-buildings, appeared for the prisoner.
Mr. William Glrtsido, on being called, deposed as follows :
I carry on business at Ossett, near Wakefield, in partnership
with my brother Joseph, as dyers. In the month of October
last we had 119 casks of oil lying in Liverpool. Seventy
casks belonged to the firm, and forty-nine were my own,
lheee oils were in the possession of Mr. Bilbrough, as our
broker. He informed us he was about to give up business,
and requested directions as to whom the oil should be trans-
ferred. We gave him directions to hand them over to Spence,
Cochrane, and Co. I have bad correspondence with them
since about the oil. I produce a letter signed Spence, Coch-
rane, tu.d Co., dated the 4th of October last. I also produce
a circular, dated the 24th of September last, signed Spence
" and Co.;• a letter dated the 26th of November last, signed
Spence, Cochrane, and Co. ; another dated the Ist of De-
cember, signed, per pro Spence, Cochrane, and Co., Edwd.
J.... Spence ; another dated the 6 h of December. signed Spence,
Cochrane, and Co.; and another dated the 11th of December,
signed Spence, Cochrane, and Co., which we received from
them. The last four of these letters relate to the oil I saw
the prisoner, James Spence, at Ossett, on Friday last. He
told me had suspended payment. I said that that would not
affect our oil. He replied, " Yes, it will." I asked how ?
He said he had transferred it to another parts-, Messrs.
Wonostroclrt and Co., about six weeks ago. He added,
that in an .evil moment he had transferred it to another
party. He also said that he had obtained money on the oil.
Ido not know Oat he named the amount. Myself and my
brother came to Liverpool with the prisoner. I saw him yes-
terday, when he gas'e me the paper, now produced, which he
wrote in my presence. I never gave authority to the pri-
soner, or to Spence, Cochrane, and Co., to pledge the oil. We
never had any loans or advances from Spence, Cochrane,
and Co., on those oils. We had no other merchandise in
their hands. We have only had one transaction with them
about some logwood, and that was paid for.
Cross-examined by Mr. BaTdswell—The prisoner came
over to see me. He did not invße me to come to Liverpool.
I said it was time to come, and we came together. On my
arrival I did not require to see a statement of his affairs.
Yesterday I did require such a staement. I was at the
prisoner's office on Saturday, and my brother was with me.
The prisoner said he did not look upon me as a creditor,
and that he would endeavour to pay my account in full.
We asked him if he could give security; I did not say
that if he could we would give him time—three or six
months, nor did my brother say so. No security was
named. He said he had none. I asked if his father
would 'give security. He said he was in the West In-
dies. We left, and said we should call on Monday morn-
ing to see what was to be done. We went on Monday
morning. I did not ask for a statement of his affairs.
One was shown to us, and we then asked for a copy, as we
wanted to see how he stood. in the afternoon a copy was
furnished to Mr. Bilbrough, :and we got it. At the first
meeting in the forenoon tie promised to make a
copy and send it. I got it, and have it now. Our names are
sot in it, but " owners of olive oil " are. I think Mr. Bil-
brough asked in my presence the probable amount of the
dividend. Spence said he could not tell. He said he would
endeavour to pay us afterwards, if he could make it. I made
no reply that I know of. I cannot tell whether I said I was
not satisfied without security. I did not go for the express
intention of getting security. 1 went to see what was to be
done. I wanted to get the oil back. Nothing was said in
Liverpool about his wife's uncle, but in Yorkshire he said he
had no one but his wife's uncle to become security, and that
he had refused. 'When we left, I did not tell him that. further
negotiations were to be carried on through Mr. Bilbrough. I
saw the account partially male out before I got a copy. I
only looked it over casually. I did not see " owners of olive
oil "in it. I took very little notice of it. I did not tell him
that my name was not to be inserted as a creditor. After I
got the account Mr. Bilbrough and myself looked over it,'and
I had no conversation as to security. My brother did not
leave me direction to get security before I went home.
Re-examined by Mr. Lowndes—My first knowledge of the
pawning of the oil was on Friday evening last about eight
o'clock. The oil cost us about '2,2001. or 2,300/. I was much
put out of the way about it.
This evidence being reduced to writing, it was read over to
the prisoner, and Mr. Rushton intimated that he should com-
mit him for trial at the assizes, but admit him to bail on
finding security, himself in 4001. and two sureties in. 200!.
each.
The prisoner will be again brought up to-day, when further
evidence will be produced on the part of the prosecution.

TUESDAY NIGHT'S GAZETTE.
DIVIDENDS DECLARED.
W. 11. and T. B. Turner, cotton spinners, Blackburn, Lan-
cashire—third div. of 2id. in the pound, on any Tuesday, at
the office of Mr. Fraser, Manchester.
E. T. Jones and H. M. Crosskill, booksellers, Rochdale,
Lancashire—first div. of 10s. Bd. in the pound, on any Tues-
day, at the office of Mr. Fraser, Manchester.
E. T. Jones, bookseller, Rochdale, Lancashire—first div. of
9d. in the pound, on any Tuesday, at the office of Mr.
Fraser, Manchester.
H. M. Crosskill, bookseller, Rochdale, Lancashire—first
div. of lid. in the pound, on any Tuesday, at the office of
Mr. Fraser, Manchester.
T. Todd, cotton dealer, Manchester—first div. of ss. in the
pound, on any Tuesday, at the office of Mr. Fraser, Man-
chester. _ _ _ _

J. Cummins, joiner, Newcastle upon-Tyne—first and final
di v. of sd. in the pound, on any Saturday, at the office of
Mr. Wakley, Newcastle-upon-Tyne.
H. G. Gibson, chemist. Newcastle-upon-Tyne—first div.
of 2s. 6d. in the pound, on tiny Saturday, at the office of Mr.
Wakley, Newcastle-upon-Tyne.
DIVIDENDS.

At the Court of Bankruptcy, Basinghall-street.
G. Clement anti H. Sammons, grocers, Nelson-terrace,
Stoke Newington, March 24, at twelve—B. L. Watson, manu-
facturer of flags, Cornhill, March 24, at half-past eleven—A
S. Tucker and G. M. Bidwell, grocers, Melcombe Regis, Dor•'
setahire, March 26, at twelve—J. Vines, mealmen, Battersea,
March, '23, at two—ll. Goertz, upholsterer, New Wtwisor,
March 27, at twelve—G. Barnes, innkeeper, Pertsea,
March 23, at eleven.