The Sun.
London, England, 1860-09-14 00:00:00

IMPORTANT ACTION BY THE BANK OP ENGLAND.-

BANK OF ENGLAND V. GOLDGfEIN.

This was an action brought by the Governors and Cora,
pany of the Bank of England to recover a sum of £lO
alleged by them to have been overpaid in changing three
notes for defendant.

Mr. Denton (Freshfield and Co.) said—Upon the 26th
June defendant came to the Bank with three notes repre-
senting an aggregate of £l2O. The Bank clerk made a
mistake, and gave him £l3O. The next day the clerk, with
Webb, a detective, went round to defendant's house in
Hounsditch, and saw Mr. Goldstein, who said before he
was asked any questions, " I only had £120."
Mr. Dean said he was a clerk in the Bonk of England.
He remembered'the 26th of June. He took the three notes
produced from defendant. Marked them for £l3O and paid
defendant 130 sovereigns. Counted and weighed them.
Entered that amount in his book. Defenlant might have
seen the entry.
Cross-examined by Mr. Lewis, jun.—This is not the
first mistake I have made. Once before I overpaid £lO, and
the person returnpii it to use directly he was asked for it.
We are all liable to errors, and I have made trining ‘,L.ore.
Never had disputes with my fellow clerks in reference to
money. Will swear I handed defendant 130 sovereigns.
The witness was closely examined as to his duties at the
Bank, and gave general evidence as to the course of busi-
ness.

Mr. Webb (City detective) said he was on duty at the
Bank of England on the 26th June. By arrangement
with Mr. Dean went to defendant's lodging in Hounds-
ditch. Saw defendant, and said, " You were at the Bank
of England yesterday." Mr. Dean said, "Yes, you were
at the Bank of England yesterday," and defendant replied,
" You gave me £l2O, and not a -- farthing more."
Witness asked him if he would look to his payments and
balance, and Mr. Goldstein said he would see him -
first.

Cross-examined—Defendant said I made the hair stand
on his head. He wanted to send for a policeman to remove
us. I did not say, " Come, pull out, old fellow."
Mr. Lewis then addressed the Court, and contended that
plaintiffs should, upon their own evidence, be non-suited.
Defendant, though a shopkeeper at Liverpool, had come to
town expressly to defend this claim, arising out of an error
committed by the clerk to the Bank of England.
Defendant was called, and said he only received £l2O.
He counted the money at the counter. (This witness
created some amusement by his description of the scene
between himself and Webb.) Went to the Bank of Eng-
land and saw Mr. Marshall.

Cross-examined—Do not remember Mr. Marshall say-
ing, " I am satisfied, from your manner, that you have had
the money." Am the keeper of the Hebrew School at
Liverpool, and sometimes deal in trinkets.

Re-examined—l have a large trade in jewellery with
some of the first men in Liverpool.

Mr. Joyce said—lt was a clear case, and there could be
no mistake upon the part of the clerk ; and the most chari.
table construction to be put upon the matter was, that
Goldstein had made a mistake. There was no criminal
charge on either side. The clerk did what any honest roan
would do upon finding out the error. He searched no other
accounts, but went at once to defendant's lodgings. It was
a clear case that Goldstein had receive, £lO, and he (the
judge) hoped by mistake.
Verdict for plaintiff, with costs.

POLICE INTELLIGEIVG'E-( THIS DA I.

MARLBOROUGH-STREET.
STEALING BRACELETS OF THE VALVE of £4oo.—Fre-
derick Johnson, a gentlemanly looking man, was charged
before Mr. Beadon with stealing two bracelets of the value
of £4OO, the property of Mr. Charles Frederick Hancock,
jeweller, 39, Bruton-street, under the following circum-
stances :

Mr. Lewis, jun., appeared for the prosecution, and Mr.
Wontner for the defence.

The bracelets—a diamond and diamond emerald—were
produced in court, and wore much admired, bd.&
beautiful specimens of the jeweller's art.
Mr. Lewis having opened the case, called Mr. R. Bur-
brooke, one of Mr. Hanoock's assistants, who said—Early in
the month of August last my wife made a communication to
me, in consequence of which on the 9th I saw the prisoner
at his house in Curzon-street. The prisoner and his wife
wished to know what would be the cheapest way to get
some plate. I said, as Mrs. Johnson was a friend of mine,
I would buy some plate second .hand for them, and gave
them an estimate for it. He said he should probably be able
to pay for it at Christmas. The next day (the 10th) I called
on prisoner in consequence of a note from him. He said
they were going to have a dinner party that day. I am
not positive whether they asked me to lend them some plate
till the other was ready, or whether I offered to lend the
same. It was agreed they should have some plate on hire
for the dinner party, to be returned the next day. I took
some plate and left it. They called at our house the same
afternoon, as near as I can recollect, about half-past five.
The prisoner said, as they were going to have a dinner
party, he should like some jewels for his wife to wear at it,
so as to " look like a countess, and astonish the natives,"
these being the prisoner's own words. I agreed to lend
him two bracelets and a necklace, which they chose from
some I showed them. The two produced are those I lent
them. I said I was going out of town the next day, and
introduced them to Mr. Brooks, another assistant, to arrange
for him to call the next day for the jewellery and plate. I
have never seen the prisoner from that day to this. From
information I received on the 6th of September I started
with Sergeant Williamson for Wiesbaden, and arrived there
on the 9th. When I called at the Hotel Stern I saw Mrs.
Johnson. I did not get the bracelets. I left Sergeant
Williamson behind, and arrived here yesterday. I do not
know the prisoner's handwriting.
Henry Lukersott, assistant to Mr. Attenleorough, pawn-
broker, 33, Piccadilly, said—l know the prisoner, and he
has been in the habit of pledging articles at our shop. I
took the bracelets in pledge on the evening of the 10th of
August about dusk. I had seen the prisoner that day.
The bracelets were brought by him and his wife, but not in
the cases produced. Mrs. Johnson had them on her arm.
The prisoner said he wished to borrow £lOO on them. I
did not ask where he got them from. I knew him as a
customer pledging goods. I do not recollect his saying
where they came from. I saw they were new—but they
might have been worn half a dozen times. I lent him
£lO5, telling him he could have more, but he said he did
not want it. He took the money and went away. The
next day he came and said he wanted the bracelets,
and he must pledge something else for them,
and furniture was mentioned. He said he wanted his
wife to go to her mother's, and she could not go without
the bracelets. A young man took the bracelets down to
the prisoner's house and was to bring the furniture back,
but he brought the bracelets back, and in the afternoon
Mrs. Johnson came and I made her a further advance of
£2O. Last night the prisoner came to the shop and wished
to redeem the bracelets ; giving um £l3O for the purpose,
and I detained him and sent round to Mr. Hancock, and
he was taken into custody by Sergeant Smith.
Sergeant Smith, one of the Scotland-yard detectives,
proved taking the prisoner into custody, and Sergeant
Robinson deposed to finding certain papers.
Mr. Wontner said some of the articles were returned on
the 11th.

Mr. Beadon said there was the fact that the articles were
lent the prisoner for a dinner party on the 10th, to be re-
turned on the 11th, but were pledged on the 10th.
Mr. Wontner submitted that if the prisoner's intent was
to rob Mr. Hancock, he would have gone off with the whole
of the articles. Although wrong, the articles were only
made use of by prisoner under temporary pressure.
Mr. Beadon said the question for a jury would be, whe-
ther, at the time he obtained the goods, he intended to dis-
pose of them.
Remanded.