The Sun.
London, England, 1860-07-30 00:00:00

ALLEG D FRAUD.

On Saturday Mr. Burcham concluded at the
Southwark polioe-court o -very Langutericd investi-
gation, involving matters of grave importance to
the mercantile community. Mr. William Francis
and Mr. James Hooper, one of the leading firms,
carrying on business as William Francis and Co.,
of No. 3, New Leather-market-street, Bermondsey,
were charged " for that they were intrusted by
Thomas Summers, of Cheltenham, with certain
securities for the payment of money—to wit, two
bills of exchange, together amounting to £522 125.,
with directions in writing to remit the proceeds to
the said Thomas Summers; and the said William
Francis and James Hooper did,on or about the 19th
of June last, unlawfully, in violation of good faith,
and contrary to the purpose so specified, convert to
themselves the use and benefits of such proceeds of
the said bills of exchange."
The defendants pleaded not guilty.
Mr. Crafter, solicitor, conducted the prosecution,
and Mr. W. Peirce, instructed by Messrs. Tucker,
Greville, and Tucker, appeared for the defendants.
Mr. Crafter said—l appear on behalf of the pro-
secution against two gentlemen well known to the
mercantile world, to prefer against them a very
grave charge, which, if proved, may result in rather
serious consequences towards them. The charge
is brought against them under the 7th and Bth
George IV., cap. 29, sec. 49, which makes it felony
for any one to appropriate the proceeds of any bills
of exchange to their own use without the authority
of the owners thereof. The prosecutor in this in-
stance is a tanner, carrying on business at Chelten-
ham, and he has for a long time had large dealings
with the defendants for goods. Some time ago he
was in London, purchasing at their warehouse,
when Ile asked Mr. Hooper if he could get him
a bill discounted in London, and on re-
ceiving an answer in the affirmative, he
was introduced to Mr. Balch, their cashier.
On the 10th of June, according to arrangement, Mr.
Summers forwarded two draughts to the defendants,
one £272 75., and one for £250 55., enclosed in a
letter, with a reference to the Shropshire Banking
Company, Wellington, with directions to remit the
money any time in a week. On the following day
my client received the draughts back to be endorsed,
he having neglected that. He accordingly en-
dorsed them, and sent them again to defendants, in-
closed in another letter, refusing their own draughts
in exchange for his, making an excuse for his neg-
ligence in not endorsing his, and requesting the
cash as soon as convenient. Not hearing from the
defendants again for some days Mr. Summers wrote
to them on the 25th to know if they had negotiated
his bills, and, if they had, why the cash had not
been remitted. He received an answer on the fol-
lowing day acknowledging the receipt of his letter,
and stating that the bills had been discounted a
week .ago, but that, owing to the failures in the
leather market, they had no cash to dispose of, but
they enclosed a bill of exchange on a good firm for
£5OO, which he could negotiate at home. On the
receipt of such a message with the enclosure, my
client became highly indignant, and he communi-
cated with Mr. Balch immediately, expressing his
surprise at being told his bills had been discounted
a week, and that they had not sent him the cash.
He told the defendants in that letter that the bill
for £5OO was of no use to him, and if they could
not help him with the cash for his two bills they
should have returned them. He relied on the money
then, but his case was not so urgent but that he
could have done without them. On June 28, in
answer to that, he received a letter from Mr.
Balch, informing him that the defendants had sus-
pended payment, and referring him to Mr. Joseph
Sawyer, accountant, 173, Fenchurch-street, who
had the arrangement of their accounts. The
draught they enclosed for £5OO in exchange for his
own was drawn by defendants on Hooper and Par-
kinson, whom they must have known were in diffi-
culties at the time; therefore he contended that
they had unlawfully converted his money to their
own use by means not at all honourable to mer-
chants of any standing.
Mr. Thomas Summers called—l am a .tanner
and dealer in bark at Cheltenham. I have had
frequent dealings with the defendants for goods.
On the 9th of May I first had an interview with
Mr. Hooper in his private counting-house. 'We
could he favour me with
withoble ampyer
Mr. bankers,
Hooper told
were alone. I said to him that I had been trading
rather largely in leather,
anddiscounting,
tahsolradiadnnyotfluiklleer u p
to trouble
mea he would introduce me to Tvlr.
d went down to the warehouses
Balch, his cashier, who did all that business. I '
then left him, n
and mlde purchases of leather
to about £3OO. On
the following day
I attended and gave the defen-
dantmy uczeptances, and balanced my account.
Au my bills with them have been duly honoured.
In consequence of an interview with Mr. Balch on
the 9th of May I sent two bills of exchange for
£522 WA, to, the defendants on the 10th of June to
I,4ldiscounted. They were the acceptances of my
father, who is a tanner: I did not endorse them,
and they were sent back to are, and, as soon as I

endorcc d them, I forwarded them again to the de-
fen dan ts.

Mr. Burcham—On this occasion you say you saw
Mr. James Hooper. Did you see the .other defen-
dant?

Witness--No, I never did. I saw Mr. Balch,
who came to me on the same day (9th of May).
Mr. Hooper was not present at that interview, as
he told me he would send Mr. Balch to me, as he
managed all their pecuniary affairs, and they paid
him £5OO a year to do so. I saw Mr. Balch, who
said he had been spoken to by Mr. Hooper about
discounting some bills for me ; had I any about me
then ? I said no, but that I would send some up
shortly. I returned home, and on the 10th of 3-line
I remitted two bills of exchange, together amounting
to £522 125., at three months' date, requesting
the cash. On the following day those bills were
sent back to me for endorsement, I having
neglected that duty. I endorsed them, and en-
closed them in a letter, of which the following is
a copy :

" " Cheltenham, June 12.
My dear Sir,—l am sorry my own negligence has
caused you trouble, but now beg to hand the draughts en-
closed. lam not in any hurry about the cash. Suit your
own convenience. lam very sorry I cannot do with your
draughts ; the fact is I am full up with paper, and there is
no acceptance that I can more readily negotiate than those
you have, but I don't want to fill up my bankers fuller
than I can help, hence my soliciting your aid. Yours,
"JAMES SUMMERS."
Mr. Crafter—Have you received the cash for
those bills ?

Witness—l have not. I never gave them any
authority to withhold the money. Not receiving any
communication from the defendants for some days,
I wrote to know whether my bills had been nego-
tiated. That was on the 25th of June. On the
following day I received a letter from Mr. Balch
acknowledging the receipt of mine, stating that
wy bills had been discounted a week ago, and that,
owing to failures in the leather-market, they had
no cash to dispose of ; but they enclosed a bill, of
which the following is a copy :
" £5OO. June 21, 1860.
" Three months after date pay to our order the sum of
five hundred pounds for value received.

"W. FRANCIS and Co•
"Accepted, payable at Martin and Co.'s.
" HOOFER' and PARILINSON.
In his letter Mr. Balch tells me I can easily nego-
tiate that in my neighbourhood as it is first•rate.
felt much annoyed at that, and wrote in reply that
the bill was of no use to me. If they could not
have helped me with the cash for my own
draughts, they should have sent them back.
asked them to do so at once, and I would return
theirs. I relied on the money, but the case was
not so urgent but that I could have done without
them.

Mr. Crafter—Have you since ascertained that
they stopped payment ?
Witness—A letter came to my place at Cheltenham
on the 24th of June. I was from home at the time.
On the Ist of July I returned, and on opening the
letter I found it came from Mr. Balch, announcing
that the defendants had suspended payment. 0114,
the 3d I came to London, and on the next day went
to defendants' warehouse. I saw a notice on the
door referring all parties to Mr. Sawyer, aceoun'
tant, 133, Fenchurch-street. I immediately wept,
there, and saw Mr. Hooper. He said to me, "
see you presently," and we went into the street.
said to him, " Mr. Hooper, what have you done,
with my money ?" He said, "I am very sorry, but
could not help it, as we have been so tremendously
pressed for money. Yours is the only case that WO'
not bear coming to the light." I said, " How camo
you to serve me in this way, and not send me the
money according to my instructions ?" Mr. Hoops!'
then said it was a very black case, and the only one
in their transactions that would not bear the light;
He also said that they were so tremendously pressed
for money that they were obliged to make use of it.
He did not know what could be done. Mr. Franei4
was going to Norway to collect £3,000 or .E4,000:n
and, he said, " I think we can let you have
.£2ln:
or £3OO without any one knowing anything 001
it ; but see Mr. Francis about it." I did not see
Mr. Francis about it, but he was pointed out to Ile'
Further evidence having been given in support
of the case,
Mr. Burcham said he should commit the defer'
dants for trial.
Mr. Pearce—As you have made up your mind to
do so, sir, in such a case as this you will acceP
bail ?

Mr. Bureham—Oh, yes ; the defendants' rear
nizances in £5OO and one surety in £250 will do.
The required sureties were entered into.

c;OUNTRY MARKETS.

LEICESTER—JULY 28.
There was a very middling supply of wheat to-da.72,
fair condition. and trade quiet. White wheat, 58s to ",01
—red, 57s to 59s per 36 stone; a moderate inquirY r' •
barley, grinding, 34s to 36s ; malting, 40s to 46s per 4A-2;,
oats, 28s to 36s per 24 stone. Beans—old, 50s t°
new 42s to 46s per 38 stone.
Fine flour, 43s Seconds, 39s Thirds, 29s per 20 stone'

NORTHAMPTON—JULY 28 311
At this corn-market wheat was in middling supply, /1'
a better trade, at is to 2s per qr. higher rates than this a%
se'nnight, ranging from 58s to 61s for white, and 550
58s for red. There was a dull business passing in barl
malting 42s to —s, grinding 36s to 38s per qr. Oats 4
steady sale and prices well maintained, quoted at 28s to
per 24 stone. Beans, old, 46s to 48s ; peas,, 42s to 4010;
Rye, 36s to 40s ; malt, 68s to 72s ; flour 33s to 370 P
sack.

NORWICH—JULY 28.
To-day's market was very fairly attended, but the wheot
trade was still in a most inactive state. Prices were
altered.
White wheat. 60s to 65s J Red wheat 56s to 60
Malting barley....42s to 46s Chevalier barley 34s to 4°n:
Distilling do.. ....258 io 27s Oats.. 248 to 2°
Flour, 41s 6d to —s per sack from the miller.

CAMBRIDGE--JULY 28.
There was a limited supply of wheat, and, with
active demand in the trade, white moved off at 5Ss to Dvjg
red, 51s to 57s per 36 stone. There was a small tradeZ
barley to-day ; malting, 34s to 40s ; grinding. 30s to
per 30 stone. Oats at 24s to 28s for new ; old oats, 288 a.
295. Beans in limited supply, and a steady sale—nevi', :81.
to 44s ; old, 44s to 48s per 38 stone ; peas, 40s to —0 L'4
36 stone. White cloverseed, 86s to 89s; red, 46s to 508 r"
qr.

STAMFORD—JULY 28.
cot.
We had a better supply of wheat at yesterday's re
market, which met a fair sale, and last week's rates vie i
exceeded is to 2s per qr. Barley, oats, and beans al°
former rates.
Wheat 54s to 59s Oats.. 26s to SI
I
White do 59s to 62s Beans 46s to '..,
Barley 34s to 39s I Ditto, old ........48s to 0

—JULY 27.
ain, and a rather firm market,
)rn met a limited demo d• d,
6. d. ' 0
Do., new . oto 0
Bere • l3 0 to 14
"
Rapeseed
Oatmeal l5 0 to 17 0
Bakers' flour
Indian corn 37 oto 30