The Sun.
London, England, 1856-12-11 00:00:00

FURTHER EXAMINATION OF THE
PRISONERS.
MANSION-HOUSE—YESTERDAY.
The following appeared in part of our impression of
yesterday :
The sixth examination of the prisoners Burgess and
Pierce, charged with the robbery of gold bullion on the
South-Eastern Railway in May, 1855, took place this
afternoon at the Mansion-house, before the Lord Mayor.
The same excitement prevailed on this as on the former
occasions, which was probably owing to the rumour that
had been current for some days past, that Tester, who
was in London, and who was implicated in the robbery
by Agar's evidence, would surrender, by the advice of
his legal adviser.
The detectives, Thornton and Smith, who have charge
of the case, were somewhat thrown off their scent in
regard to Tester ; for whilst they thought he was in
Sweden, and had actually taken a voyage there in the
hope of getting him into their power, he was quietly,
securely, and snugly located in London, well supplied
by the newspapers with every movement that was going
on in reference to the case and his apprehension, and no
doubt much amused at the wildgoose chase of the acute
and wily detectivea.
Pierce and Burgess were placed at the bar at half-pas
one o'clock, when Tester, accompanied by Mr. Beard,
entered the court, and formally surrendered himself to
answer the charge.
It was intimated by Mr. Buchanan that the prisoner
Tester would waive his right to have all the previous
depositions taken in his absence read over, and that he
would reserve his cross-examination of the witnesses
until they came up to sign their depositions. Agar, the
convict, was in attendance, in case it should be found
necessary to put any questions to him relative to Tester.
Burgess's appearance has suffered very much since
his imprisonment. He looks much paler than he did
when he was first apprehended, and he has a more
anxious and care-worn expression of features. Pierce
betrays much anxiety, but the change is not so great in
his general appearance as that of Burgess. When Tester
was brought into Court, (he having in fact surrendered
by the advice of his friends, in consequence of his
protestations of innocence), he was taken into custody and
placed in the dock with the other prisoners. Tester is
a tall, slight young man, 26 years of age, though be
appears much older. He is of a dark complexion, with
a high forehead and prominent nose, and wears a small
quantity of whisker and moustache. He was dressed in
black, with a black silk scarf, and his shirt collar turned
down over his scarf. Tester, whose general appearance
and demeanour is rather gentlemanly, was, it will be
remembered, a clerk in the superintendent's office of the
South-Eastern Railway Company at London-bridge,
and bad, therefore, access to the keys of the safe.
At the request of Mr. Buchanan, as the question of
Tester's guilt mainly rested upon identity, the witnesses
were ordered out of court, with the exception of the
banker's clerks.
Mr. Bodkin appeared for the prosecution ; Mr. Wont-
ner for Pierce ; Mr. Lewis for Burgess ; and Mr.
Buchanan for Tester.
Mr. Bodkin having stated the nature of the evidence
he should produce to-day, called the following witnesses :
Mr. Bailey, of the Bank of England, in the bank-
note-office, deposed that on the 28th May, 1855, 600
sovereigns were exchanged at the Bank for six 1001.
notes. They were all dated 9th Jan., 1855. They were
exchanged in the name of Edgington, Duke-street. All
have since been brought back into the Bank of Eng-
land and paid. One was paid in on Sept. 14, and bore
Tester's endorsement. •
Mr. White, clerk in the audit office of the South-
Eastern Railway, proved the endorsement. "G. Tester,
for C. Page," was in Tester's handwriting.
Bailey in continuation—Three others were paid in on
ens day, and on 11th Sept. another was changed in the
name of Tester for ten 101. notes.
Mr. White also deposed, to his belief, that the signa-
ture was in Tester's handwriting. (The note bore the
endorsement William George Tester, 26, German Villas,
Lewisham.)
Bailey continued—Another note was paid in through a
banker on 21st of Nov., 1855, having the endorsement
George Raffle, 72, Warren-street, Fitzroy-square, and
also the name of Fisher. On 9th Jan., 1856, three 1001.
notes came in as part of a total paid by Messrs. Roberts,
and Co., bankers. The name of J. Burgess was on
the face of each of them. On 29th February, .1855,
Messrs. Currey and Co. paid into the bank two 1001.
notes with other moneys. The name of Stearne was on
the 1001. note (this is the name of the publican to whom
Burgess gave 6001. in notes to take care of for him, and
who deposited them with Messrs. Reid, his brewers.)
Mr. White, clerk to Messrs. Roberts, proved that one
of the three 1001. notes with Burgess's name on it,
came from Messrs. Hutchinson, stock-brokers.
Mr. C. Cousins, clerk to Messrs. Hutchinson, proved
that he sold to Mr. Lee, for Burgess, a quantity cf
Turkish bonds, which were paid for principally in Bank
of England notes. He resold them at a profit of 10 per
cent., and paid the money over to Mr. Lee.
Mr. G. F. Phillipson, another clerk to Messrs. Hut-
chinson, identified the notes paid by Mr. Lee for the
Turkish bonds, and also Burgess's connection with the
transaction.
Mr. Richard Lee, of 2, Charles-street, Camberwell,
deposed that he was a stock-jobber. He had seen Agar
three or four times, but he did not know him. He knew
the three prisoners at. the bar. He had known Bur-
gess about nine years, Pierce seven years, and Tester
three or four years. He first knew Agar about three
years ago. Witness was once a clerk on the old Croy-
don line, in the company's employ, and Pierce, part of
that time, was, ticket printer at the London end of the
line. Burgess was a guard, and Tester was a clerk at
the London end. Witness had never seen theme toge-
ther, or together with Agar. He had seen each of them
at Stearne's publichouse, in Thomas-street, at different
times, except Tester. He never saw Tester tbere. None
of the others were present at Stearne's with Agar when
he saw him there. In the early part of the year he
made a purchase of Turkish Bonds for Burgess. He
bought a 5001. bond for him, through Messrs. Hutchin-
son, for 4071. 103. In the evening of the same day he
brought Burgess the contract. It was afterwards paid
for by 4051. in notee, and the rest in gold. He re-
ceived the notes and money from Mrs. Burgess at
Burgess's house, at New Cross and gave the money to
Hutchinson. Burgess told hire to get the money of
his villa when he wanted it.
Mr. Lewis objected to the evidence of tracing the
notes. The possession of the notes by the wife was no
evidence of Burgess's dishonesty. She might have got
these notes from another person, and substituted them
for money Burgess had honestly become possessed of.
The Lord Mayor, however, admitted the evidence
tracing the note through Hutchinson to the Bank of
England.
Witness continued—The name of Burgess, and the
date on each note, was in his handwriting.
By Mr. Wontner—At times he frequented Stearne's
house, and be only knew the prisoners from their being
servants of the railway company.
Mr. John Smith, cashier to Messrs. Reid and Co.,
brewers, deposed that Mr. Stearne, on the 19th Feb.,
1856, paid 5001. in Bank of England notes to Messrs.
Reid and Co., in two 1001., five 501., two 201., and one
101. notes. The amount was paid the same day by us into
the Bank of England, with the name of Stearne on them,
from Messrs. Currie's. He identified the notes produced
as the same notes.
Mr. C. F. Simmonds, a clerk in Messrs. Currie's
bank, proved receiving the notes from Messrs. Reid
and Co., and that they were paid the following day at
the Bank of England.
George Reffan deposed that he lived at 72, Warren-
street, Fitzroy square, and carried on the business of a
fruiterer. He was acquainted with Pierce, and changed a
1001. note for him. He did not know who wrote the
name of Fisher that was now on it. He changed it at
Mr. Fisher's, of Cranbourne-street, Leicester-square,
who paid it into his bank to gat it changed. He received
it from Pierce about 12 months since. He changed
other notes for Pierce about the same time
for 2001. ; be obtained the change at the Bank
of England ; Pierce instructed him how he was to get
the notes canged there. He knew nothing of the
other prisoners.
Cross-examined by Mr. Wontner—He put his name
and address on one of the notes at the Bank of England.
A conference took place between Mr. Bodkin, the
Lord Mayor, and Mr. Goodman, the Chief Clerk, dur-
ing which time Burgess and Tester conversed together
very intently. On neither of the previous examinations
has the prisoner Burgess or Pierce held any communi-
cation with each other.
Mr. Bodkin said that he had now concluded tracing
the notes, and he proposed that the depositions that bad
been taken in the case should be read over for the in-
formation of Tester.
Mr. Wentner asked if the prosecution had any more
evidence to produce.
Mr. Bodkin—Oh dear, yes-
Mr. Wonteer thought it would be better to conclude
the evidence before reading the depositions as it would
take a considerable time-
Mr. Bodkin raid the Lord Mayor intended to sit till
half-past 5 o'clock, and he thought that it would be
better that the evidence that had been taken in the case
should be now read over, which would occupy till that
time.
Agar was then called and re-sworn. He looked ra-
ther intently at the prisoners at the bar, as if anxious
to recognise them, but they avoided his gaze. He
then repeatedly, leisurely, and calmly surveyed the
police-court, as if anxious to discover some old familiar
friend amongst the crowd.
His deposition was then read over. It occupied one
hour and a quarter.
Tester took full notes of the parts that referred perso-
nally to him.
In answer to questions from Mr. Bodkin, Agar iden-
tified Tester as the person he spoke of, and it was then
for the first time their eyes met on each other.
In reply to questions by Mr. Buchanan, Agar said he
first saw Tester at Canterbury, where he was a clerk in
the ticket office, but he had no conversation with him at
the time. He formed an acquaintance with Tester
three or four years since, and he then went by the name
of Adams. He had gone by the name of Archer, and
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by any name. He cams to her home on the
9th May, 1854, and took lodgings there for a friend
who was coming to Folkestone for the benefit of his
health. He brought his friend the next day, who went