The Sun.
London, England, 1805-08-23 00:00:00

TRIAL OF THOMAS ,LEE„

'Thomas Lee, was indiCted for ccmceiiling and em-
bezzlwg part of his personal estate, to the value of
f,301. and upwards, aft..r‘he became a Bankrupt, With
intent to defraud his Creditors.

The following is au outline of the case, as stated
by the leading Counsel for the Prosecution.
Thwiras Lee was a linen-draper and grocer at
PoCklington, which business he there carried on
for several years, to a considerable extent. -In the
month of' September, 1803, be withdrew hitnself,
from his dwelling-;house, to avoid, as he affirmed,
an arrest ; in consequenCe of this step, a Commission
of: Bankrupt was taken out agaMstlihn ; and he,
in due course, was, by the Commissionersi declared
a Bankrupt, and a legal notice issued,- to require
bis surrender. On the sth, 6th, abd 29th days Of
Oaober, be surrendered himself to die, Commis-
sioners, on which last day, he also made a final dis-
closure:of all his property anpl effeds,.and accounted
to the CoMmissioners fur the cause of his insolvency.
This account was considered by them as satisfaetory,
nor was the Oisoner suspected of having withheld
any part Of-his property from his Creditors, who
granted him his Certificate. Ili the year 1805. the
Prisoner lived at Hull, and, on some account, which
the Counsel did not state, his house Was searched by
virtue of a warrant from the. Magistrates of Hull,
when, among other papers, the following Securities
and Bills were found
Arrotintunie Reficipts (rpm it.tssrs. .11roritlicy anti
Co: Bankers, Hull, tar
hlessrs. Moxon and Co. 4=3
Note from Thomas Wray, of Po.klington, for 93
Bill, date4.lBoz, tor
Do. 2.6t1t August', ISez
Ant Cash Notes

3oa
33 12s,

The Securities were not in the name of the Pri-
soner, but in the name of Thomas Wray, of Pock-
lington.--These PaperS raised a suspicion in the
breast of the Magistrates, 'that this property had
been withheld from the Prisoner's Creditors ; in
Consequence of which they gave notice tolgr.
one of the Assignees of the Prisoner, by whom this
Prosecution was instituted. .The Counei then pro-
ceeded to state, that this property. inust have beer
embezzled froth the Creditors, as the Prisoner had
no visible means whatever of obtaining it ; the cir-
cumstances, 'too, of the Prisoner having entered it
in the name of another, was also a strong 'presump-
tion of guilt. He thought, the eiidence he should
produce of the time and manner in,which the Pri-
soner had made deposits, would reduce the matter
to an absolute certainty, unless the Prisoner could
remove the Inferenee, ;by accounting for it to the
satisfaelion of the Jury: To the Magistrates he de-
clinedgiving•any account of it; and, in this, he -Cer-
tainly soled.

Mr. Holmes; Solicitor to the Commissioners, was
then call&l, who proved the absenting of the Fri-
soner from his dwciling.house, and the steps taken:to
procure the Commission. The Commission of
Bankrupt, after being preyed, was put in and read;
as were also the declaration of the Bankrupt, the no-
lice requiring, him to surrender, along With the Pri-
soner's surrender, and the schedule giving an account
.of his property, and referring to certain books whiCh
were not produced. An obteelien was taken ,by the.
Prisoner's Counsel to the notice; as there was no
proof that The Gazette, was aftually published
Saturday, which the Counsel' thought essential to
prove that the;proper number of days allowed by
the Statute for his.surrender had lieen given to the
Prisoner. This obje6tion,.after much learned iir ru-
meati,and the examining of a witness upon the sZls-
jed, was over-ruled.
Mr. John Kendall was examined; and stated, that
he had been clerk to Messrs. PeaSe.and Co. bankers,
at Maltune u_# wards ,of six years, and kept their
ledger; the Yrisoner kept his lash accouet with
them, and was alSo employed by Messrs. Pease and
Co. as an agent to circulate their notes. The Wit-
ness went to the Prisoner's house generally once a
week to carry him their notes, anti to receive from
hini. hills and other papers in exchange ; on thee,.
occasions the deponent always examined their own
ledger, and entered the balance into amemoratidum
book, and compared it. with-the Prisoner's account ;
that the last titre he went to the :Prisoner's' henSe
he took with him notes to The amount of wool.
and upwardsi and at that time the Prisoner and
himself compared their accounts, and ascertained,
that, at that tittle, the balance due to Pease and Co.
amounted .to The Witness was cross-ex-.
aMined sby the Prisouer's Counsel, and admitted
tan the only way he had of knowing the state of the
balance was by the account which he had taken from
the ledger; and on which circumstance the Counsel
took an objeetioo to the evidence, as being parole
testimony to 'prove the contents of written papers,
when the papers 'themselves could have been pro-
:Linea in Court, contrary to a maxim in, law, that a
secondary evidence shall not be admitted when the
original can be produced. The argument upon.this
objection occupied a considerable time, and the
Learned Judge said he would take a note of the
ohje6tion, and get the opinion of 114,s brother Judge,
Sir .A.LAN Cuismatte, upon it. The trial then pro-
Ceeded, .
Mr. Timothy Mason, of Hull, the next. 'Witness,
• stated, that he-was a constable, and was employed to
apprehend the Prisoner, and search his house, and iu
tee search' he found a quantity •Of papers, pan of
Which he had then in his possession, and the other'
pert. Mr.. Lee got from him in a struggle: He then
delivered the papers into.Coure; as did Mr. Codd,
the solicitor, Onto other papers which he had' re,
ceived from the. Prisoner : the contents of these pan..
tiers were the same as stated. in the opening, saving.
.that the bills, dated 11392., seat returned bills, of no
whit!. This Witness, upon his cross-examinatimi;
said, he Understood that,the Prisoner had a partner;
it . was objected by the Prisener's Counsel, that .the
Money so found was not prOved to haverbelonged to
the bankrupt's estate ; but this objeaion was over-
ruled, on the gronnd, that 'under these circurn-
stances it was incumbent on the Prisoner to prove
that it did not.
A clerk to M6srs. Moxon and Co. bankers, Hull,
was then called, and deposed, that on the 4th or Elth
of April; 1804, the; Prisoner,: under the name of
Thomas Wray,
.come to their
,house, and deposited
the stet of tool. in North Country notess of which
• .note.: t 11Q:re was Co thi; value of 3001. in,Maltou notes,

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