The Sun.
London, England, 1856-10-30 00:00:00

FRAUD AND CONSPIRACY.

George Finny, a timber merchant, and William Neary,
clerk to the prosecutor, were indicted on a charge of
fraud and conspiracy, for the purpose of defrauding Mr.
Walker, a corrugated iron manufacturer and a Govern-
ment contractor, carrying on business at Millwall,
Poplar.
Mr. Sergeant Ballautine, Mr. Bodkin, and Mr. Po-
land were counsel for the prosecution ; Mr. Sergeant
Shee and Mr. Metcalf defended Fossey ; Mr. Sergeant
Parry and Mr. Ribton defended Neary.
The prisoner Neary was confidential clerk to the pro-
secutor, who had full confidence in him, and many of
the details of the business were entrusted to him. He
first entered Mr. Walker's employ about six years since.
He left him in 1854, not, however, on account of any
fault, and re-entered his service in 1855, upon his ear-
nest application, and being in a state of great poverty.
In 1854, the prosecutor being unable to meet his liabi-
lities, called his creditors together (amongst whom was
the prisoner Fossey, to whom he was heavily indebted))
and they ultimately agreed toaccepta composition of 15s,
in the pound. The business was continued, and Mr.
Walker and Mr. Fossey still continued dealing with
each other down to June, 1856, Neary at the time
being in the prosecutor's employment. A quarrel took
place between Walker and Fossey, which resulted in a
claim upon Walker, by Fossey, of between 5,0001. and
6,0001., which was still pending in Chancery, with the
exception of a portion of the amount, which was under
the consideration of a gentleman of high standing at
the bar. During the law proceedings the prosecutor
discovered that Neary was in constant communication
with Fossey, and he at once dismissed him from his ser-
vice, Mr. Walker, according to the learned sergeant's
statement, " not choosing to have about him a traitor,
who was eating his bread and receiving his wages."
Fossey, who is a timber merchant, supplied Walker with
timber for the construction of Crimean huts for the
Government. At first Fossey carried on business alone,
but he was afterwards joined by a relative named Steele,
and it was from young Mr. Steele, who bad been a clerk
in Fossey's employ before his father joineJ him, that Mr.
Walker received the astounding information which led to
this prosecution. From the communication it appeared
that Neary and Fossey met every night, drinking and
smoking together, and that at these meetings they con-
certed delivery orders and fabricated false documents
with a view to their being brought into Mr. Walker's
books, to obtain money from Walker in cases where no
goods had been delivered, and in others where there bad
been falsifications in the accounts. In one month the
frauds perpetrated on the prosecutor in this way
amounted to 300/.

Mr. T. J. Steele, jun., 21 years of age, said that the
prisoner Fossey was his uncle. Witness was now in
business as a timber merchant. Fossey directed him to
go to Walker's and obtain payment on an account
amounting to 8001.4 put he objected, on the ground that
there were so many discrepancies' in the account that
he would rather Fossey should settle it himself, and as
Fossey knew the discrepancies to which he (witness)
alluded to, no remark was made on it. Fossey said he
considered he was justified in making the overcharges,
to secure himself as much as he could, because, he
thought, Walker would stop payment. The witness
was then examined at great length on the details of the
frauds alleged to have been committed. He proved the
forwarding to Mr. Walker of a number of de-
livery notes for goods which had never been
supplied. The transactions involved frauds to
the amount of several hundred pounds, and had been
going on nearly the whole of the time Neary had been
in the prosecutor's employ. On a cross-examination of
the witness, Mr. Sergeant Shee produced the prisoner
Fossey's book, containing the entries made by witness,
which gave rise to a short discussion between the learned
counsel as to who should put the book in as evidence.
In the course of which,
The Lord Chief-Baron said it was quits clear that
the witness was in the wrong place. It was clear that
the witness ought to be in the dock, but it was not quite
so clear that the prisoners who were there were in their
proper position.
Cross-examination continued—He bad frequently
spoken to his father on the subject, but not to the ex-
tent to which the frauds were carried. His father paid
Fossey 1,0001. to join him, on condition that when wit-
ness came of age he was to take his place. He bad fre-
quently discussed with his father the propriety of his in-
vesting the 1,0001., because, he (witness) thought, it was
a good opening, and he should do well.
By Mr. Sergeant Sbee—And all this time you knew
father,
that Fosse), was a seindler and a thief ?
anwdithmyhim for
IFoksnseewy,itrewmacsnvistrroantged,
sticking it on. (Lavghter.)
be fWorriet n ehses Y
joinedes;
Mr. Sergeant SheE—There was a systematic " sticking
it on ?" (Laughter.)
Witness—Yes.
Examination continued--Notwithstanding the com-
munications he male to his father, no one told Walker
of the " sticking oh" system. His father, with a full
knowledge of the circumstances, invested his 1,0001. with
Fossey, in order tlat he (witness) might succeed him
when he came of age. He explained to his father that
`sticking it on" avant charging for goods that had never