The Sun.
London, England, 1833-12-11 00:00:00

cargo was landed by Mr. Bowmitr, wbdhad it taken t 0
I'll own warehouse. Wit sold.
Cross-examined Airt.N en—Witness swore to
the truth of tl.e entry, as consigned to Mr. Elton, and not
115 consigned to the defendant. There were 449 boxes of
^ranges marked T B, and 25 of lemons marked T B ;
the rest were marked 13. The defendant chartered the
vessel out, and he had bef ire chartered her. Mr.
',Wood's warehouses were No. 19 and 20, Botolph-lane.
•!Ir be defendant was a merchant, and witness had since
"?heard he was an underwriter. \lr. Wood was a fruit
'tbroker. Did not know where Mr. Wood now was. Had
since seen him at St. Michael's. The fruit was all sent
to Wood's warehouses. Believed the entry at the Custom
Haase was written out by Mr. Wood.
Mr. Charles Blundy stated that he had been in Mr.
Wood's employ as clerk and hook.keeper. Nos. 19 and
20, Botolph.lane, were occupied by Mr. Wood and the
defendant, both of whom resided there. The defendant bad
k desk in the lower counting house, and a private sitting
room above. Wit ne,s kept the books of both of them.
the general transactions were entered in one set of book.,
but the defendant had a separate set for his underwriting
business. Mr. Wood general), paid his salary, but in his
absence the defendant paid him. The cargo in question
Was entered at the Custom-House by Mr. Wood, as the
broker. The entry was made out in the general counting-
house by the witness, from Mr. Wood's instructions.
Could not recollect whether the defendant was by. The
tame of Wood was Mr. Wood's writing, but that was
obliterated, and the name F. J. Burnett put over it, as the
ship's broker. Burnett was the person to whom the
Captain ought to have applied, lie being the broker in
chartering the ship. When the vessel went out, Mr.
Burnett was employed es the defendant's broker.
Cross-examined—Was the nephew of the prosecutor, and
had been ten years clerk to Mr. Wood. The prosecutor
' had sent out some cloth to Mr. Bensoni, at St. Ali-
' !beers, through the recommendation of Mr. Wood,
it was sent out in the Speedy chartered by the defendants.
Bensoni was the defendant's correspondent, and according
to the defendant's showing Bensoni owed the defendant
2,0001. ; a cargo of fruit came for the defendant by the
Speedy, at the same time as the one in question, and
eonsigned by the same shipper; the defendant obtained
the prosecutor's assignment of that cargo, and sold it
through Mr. Wood as the broker. Of the cloth sent to
St. Michael's, the prosecutor Mr. Wood, and the de-
fendant, were to share equally, provided Mr. Wood and
the defendant paid the two-thirds of it. Did not of his
own knowledge know that the defendant was arrested by
the prosecutor for the proceeds of the cargo in question.
Re-examined—The cargo that arrived the same day
Was by the Speedy that took out the cloth, and the de-
fendant was authorised to receive that cargo. In 1830,
Mr. Wood sent witness to St. Michaels, when witness
discovered for the first time that the cargo of the William
had been consigned to the prosecutor.
Mr. F. J. Burnett, a broker, stated that he, as broker,
chartered the William, Captain Carlisle, for two voyages.
lie was the broker for the first voyage, and he should
have been on the second voyage, by the regular course of
business. The name "F. J. Burnett," on the entry over
Mr. Wood's erasure, was not witness's handwriting, nor
had he authorised any one to write it.
Cross-examined—The defendant chartered her for both

►oyages.
Mr. William Elton, the prosecutor, stated that he was
a Blackwell Halt factor. In January, 1829, he made a
shipment to St. Michael's. The first time he heard of a
cargo being sent to him in return for those goods was
When the defendant called and said Bensoni had sent a
cargo, if witness would take it at a certain price. Wit-
hese refused, and the defendant said he would take it
Witness then indorsed it to him. That was by the
Speedy. The first be heard of a cargo being sent to him
by the William was in August, 1830, which was in an
answer to his letter to the Consul at St. Michael's. He
Dever received the package of letters from Wood or the
defendant, nor did he give theta any authority to receive
the cargo by the William.
Cross-examined—The amount of the adventure in
elotb.was 6701. ; the defendant and Mr. Wood were to go
third in it if they paid their proportions, but they
Dever paid any part. As soon as witness learnt the cir-
cumstances, he arrested the defendant ; that was in 1831 ;
had received 1001 , but not upon that account; there were
Other accounts between witness and defendant, and the
latter still owed him a balance. When this indictment was
Preferred, be believed the action was stayed. .
Mr. Wood, attorney for the prosecution, stated that in
March, 1831, be brought as action against the owners of
the ship, and that was settled. He then brought an
action against the defendant, and various offers were
made. He found he could not succeed in the action
of trover, and the prosecutor instructed hint to receive the
Proceeds of the cargo, 3901., or nothing. A bill for
1001. was offered on Messrs. Sorenson, of Liverpool, to be
put into witness's hand, but it was put by and forgotten
Until it was a week overdue.
Cross•examined—The bill of indictment was preferred
et the Old Bailey, in February, 1832, and he believed the
action. was then pending also, and was Hot given up till
the following December. A motion for a ,ion pros. was
the only proceeding subsequently given.
Mr. MILNIR then addressed the Jury for the defendant.
Re said this was one of the most extraordinary charges of
fraud that ever was made; he contended that from the
agreement as to the joint adventure of the cloth, the
Proceeds of which was the cargo in question, the defendant
bad just as much right to the cargo as Mr. E ton. He
contended that this indictment was only got up to compel
Mr. Bowman to settle the action. 'fhe fraudulent ob-
taining of -goods was, according to the evidence, the
Unloading a complete cargo of fruit by Mr. Bowman, who
Was for the time the owner of the vessel—he having
chartered her for the voyage ; and another remarkable
fact was in evidence, vie , that all the boxes were marked
either "T. B." (Thomas Bowman) or B-474 being
marked with the former initials, and 102 by the
latter. Unfortunately, however, Mr. Wood was residing
at St. Michael's, and could not be produced as a witness,
but he (Mr. Milner) put it to the Jury wbether, from the
whole transaction between the parties, it did not appear
that the defendant had a claim on the cargo. If he had,
there was an end to the charge of criminality.
His Lordship, in summing up, said the Jury must first
lte satisfied, in order to find the defendant guilty of this
charge, that the cargo was consign-d solely to Mr. Elton,
and that, by means of false and fraudulent representations
to the Captain, the defendant got possession of it.i
The Jury found the defendant Not Guilty.