The Sun.
London, England, 1860-05-04 00:00:00

711 E GREAT FRAUD ON THE UNION

BANK.

MANSION-HOUSE-(THIS DAY.)

George Fullinger, late chief cashier, was placed at the
bar in accordance with remand, charged with defrauding
the directors. The ;sum which the prisoner is charged
with stealing is merely £350, but his defalcations amount to
the enormous sum of £260,000.

Mr. Gifford appeared to conduct the prosecution. Pul-
linger, although undefended, had requested Mr. Humphries
to attend and watch the proceedings on his behalf.
It will be recollected that last Friday the proceedings
were merely of a formal nature, Mr. Newmarch, the sec-
retary of the company, being the only witness examined,
and the nature of his evidence was merely to the effect that
Pullinger had been charged with the robbery which he did
not deny.
The first witness called was

William Gomm, examined by Mr. Gifford, said—l am
cashier in the Union Bank of London. I remember after
the close of business on the 12th of April last balancing
the accounts of the notes from the different tills. I found
that there was £350 deficient. I mentioned the
circumstance to Pullinger. He told me he had had
the notes out for miscellaneous bills. Ile told me
to pass the amount through my book. He told me the
numbers of the notes of which the sum consisted, which
I took down. The numbers were-82,826, 25th of Jan.,
£200; 58,850, 24th Sept., £100; 31,432, 20th Jan., £5O.
The document put into my hands is in the prisoner's hand-
writing. [The document was read by the clerk—it was a
sort of voucher for £350 paid for miscellaneous bills.]
Pullinger showed me that document at the time.
Lord Mayor—Do you wish to put any questions to this
witness ?
Pullinger (bowing)—No; my lord.

Mr. James Sheldon, a member of the Stock Exchange,
and of 2, New Cushion-court, New Broad-street, said—On
the 12th of April the prisoner was in debt to me £156 ss.
On that day he paid me that sum, £l5O in notes, the rest
in gold. I paid the money into the bank without noting the
number of the notes. It was the only money I paid into
my banker, the Messrs. Masterman, that day.

Mr. Robert Johnstone—l am a member of the Stock Ex-
change, of New Cashion-court, Old Broad-street. I have
had dealings with the prisoner. On the 12th of April last
he was in debt to me. On that day he paid he a Bank of
England note for £2OO. 1 did not take the number of the
note, but paid it into my bankers, Messrs. Olding and Co.
On that day I paid £202 10s. into the bank.
Mr. Henry Collins, clerk to Messrs. Olding. Sharp, and
Co., bankers, Clement's-lane—Mr. Johnstone keeps an ac -
count at our house. On the 12th of April the sum of £202
108. was paid into the bank. I produce the waste-book,
and in it I find that the aura was composed of a Bank of
England note for £2OO and a cheque for £2 108.; the num-
ber of the note was 82 826, dated January 25th.
Mr. Henry Careless—l am clerk to Messrs. Masterman,
bankers, Nicholas-lane. On the 12th of April last Mr.
Sheldon paid in the sum of £l5O. I made the entry
myself. It consisted of a £lOO Bank of England note, num-
ber 58,850 E. H. £5O, £31,432 E. T.
Mr. Barton, a clerk in the Union Bank—lt was part of
my duty to act under the direction of Pullinger. I keep
the walk books under the prisoner's superintendence. In
that book an account of all money paid by the Union to the
Bank of England and of all sums remitted to the Union Bank
is kept. On the 12th of April last I received a docket from
the prisoner. I now hold it in my hand. It is in his hand-
writing. [lt was a paper accounting for miscellaneous
bills to the amount of £350 credited to the Union Bank by
the Bank of England.] I entered it accordingly in the
" walk-book." I also entered it in a book that used to lay
on the prisoner's desk. On looking at that book I find that
although the entry there is in my handwriting there are
some figures in the same page in Pullinger's handwriting.
My figures represent £350 as having been paid into the
Bank of England to the credit of the Union Bank.
Mr. Thomas John Preston, of the Bank of England—l
am a clerk in the private drawing-office. On the 12th of
April it was my duty to make up the account of the Union
Bank with the Bank of England in the pass-book. It cor •
rectly reported the sum received from the Union Bank.
There is no entering there of £350 having been received
from the Union Bank.

Mr. Gifford—That is the evidence of this charge, my
lord.

Tho Lord Mayor—Have you any question to put to the
witness ?
Pullinger—lt is my intention, my lord
The Lord Mayor—l wish to know whether you have
any question to put to the witness.
Pullinger—No, my lord. I don't want to give the bank
any trouble.

The Chief Clerk—The charge against you is for feloni•
ously stealing £350 from the directors of the Union Bank.
Have you anything to say in answer to the charge ?
The Lord Mayor—You have now heard the evidence
and charge against you, have you anything to say in
answer to it ?
Pullinger—No, my lotd. I have nothing to say.
The depositions were then read over and signed by the
witnesses.

Richard John Lyttleton, lately a clerk in the Union
Bank, was then placed by the side of Pullinger in the dock,
when they were both chared with stealing £3,000,
Mr. Gifford said the joint charge would now be proceeded
with, and as the money taken was in gold, the instrumen-
tality of the prisoner Lyttleton would be resorted to. lie
should show that the money had been obtained, and that
the prisoner Pullinger had appropriated it. He was afraid
that Lyttleton was in league with the prisoner, but if the
evidence should prove such not to be the case, the bank
directors would, he was quite sure, feel the greatest pleasure.
Mr. John Arthur Barton—l am deputy-manager of the
Union Bank. The prisoner Lyttleton was a cashier. I
produced the cash-book on the 25th and 27th of April,
1859. I find, on the 25th, entries in the prisoner's hand-
writing. In his account-current column he entered a sum
of £3,000 as having been paid to the Bank of England in
gold. On the same day I find an entry of an exchange of
Lao S and M. That would be understood to mean
in exchange of notes for gold. We have some customers,
named Samuels and Mostyn, bullion dealers. It was cus-
tomary to enter the initials of a firm, but not of private
individuals, in such transactions. On the 27th 1 find two
exchanges. One is E.C.R. (Eastern Counties Railway),
£1,500. The other is £l,OOO, S. and M. Turning back
to the £5OO exchange, I find a £5OO note was given,
numbered 37,984, 27th of January, 1859. On
the 27th the E. C. R. exchange I find that on one Bank of
England note of £5OO, numbered 38,611, dated Jan. 27th,
and also a Bank of England note for £1,000„ numbered
85,748, and dated 28th January. Turning to the other ex-
change of S. and M., I find a £l,OOO note numbered 85,778,
dated January 28th, was given for gold.
Cross-examined by Mr. Lewis, who appeared for Lyttle-
ton—When the prisoner received money to a certain
amount it was his duty to hand it to Pullinger,
as the chief cashier, to see that the accounts balanced, and
then he writes out a docket which goes on a file to be passed
through the ledger. The docket is the only proof that the
money has been paid to Pullinger. Lyttleton did all that
was his duty. He was not expected to do more than he has
done. It was no part of Lyttleton's duty to see that the
sum was paid into the Bank of England, that was Pullin-
ger's duty. It was his duty, but it was a custom
to pay the money before twelve. I don't know
as a fact that the Bank of England will not receive
coin after 12 o'clock. I believe it is their practice not to
take it after 12. On the 25th there is an entry of £5OO
(gold) having been paid in exchange for a note S. and M.
The case was proceeding when we went to press.

POLICE INTELLIGENCE.—( This Day.)

MARLBOROUGH-STREET.

ASSAULT ON A PUBLICAN.—CharIes Neale, a sweep,
living at 7, Angel-court, King-street, was charged before
Mr. Beadon with assaulting Mr. Rippin, of 400, Oxford-
street, and also with assaulting Richard Rosier, 148 C.
Mr. Rippin said that on the previous night the prisoner
and another man came into his house and called for drink,
but observing that they had then had more than enough
he refused to serve them, upon which the prisoner tried to
knock a glass shade off the counter. His (Mr. Rippin's)
son put him out, when he kicked hini, and on a constable
arriving he also assaulted him, striking him several times,
and kicking him.

Rosier, 148 C, said—On taking the prisoner into custody
he became very violent, and kicked him on the legs two or
three times, and while on the ground once on the head.

Mr. Beadon ordered the prisoner to pay a fine of 255., or
in default 10 days' imprisonment.
CIIIRGE OF EMBBEZZLEMENT,‘—WM. Stevens, of 45,
Charrington-street, was charge, with embezzling several
sums of money to the amount, of about £448, received by
him for and on account of nis masters, Messrs, Edward
Everall and John Croot, tailors, 21, Noel-street, Berwick-
street.

The accused was remanded, Mr. Beadon stating that he
would take bail for )lis future attendance—two in £7O each.

THE GREN ADIER GUARDS.—The present year
being the 20041 anniversary of the formation of the First
(or Grenad;.er) Regiment of Guards, raised by Charles 11.,
after the restoration in 1660, as his own Royal Regiment of
Guards, 'it is intended to commemorate the event by a grand
entertainment. At a meeting of the officers, held a few days
ago, wmprising Col. the Hon. James Lindsay, Col. Hamil-
ton, C. 8., Col. J. Lambert, Col. Lambert, Lieut.-Col.
Wynyard, Lieut.-Col. Bradford, Col. Conway, C. 8., Lieut.-
Col. Ponsonby, &c., it was arranged to celebrate the event
by a dinuer of the officers now connected with the distin-
guished, corps, and all those who have at any time served
in the regiment. His Royal Highness the Prince Consort,
who has been colonel of the regiment since the death of the
Duke of Wellington, was solicited, and has consented to
preside on the occasion. It is proposed that his Royal High-
ness the Duke of Cambridge as General Commanding-in-
Chief, the Secretary of State for War, and the superior
officers and gentlemen connected with the military adminis-
tration of the country, also that the colonels and lieutenant-
colonels of the Household Cavalry, of the Coldstream, and
Scots Fusilier Guards, shall be invited. A dinner is also to
be given to the non-commissioned officers and soldiers of
the regiment. The officers' banquet is to take place on
Saturday, the 16th proximo. Her Majesty has been gra-
ciously pleased to place at the disposal of the committee of
officers formed to carry out the proceedings the Banqueting-
hall of St. James's Palace.
GREAT NORTIURN HOSPITAL, KING'S CROSS.—
Number of patients for the week ending April 28, 796, of
which 333 were new cases.

LAW INTELLIGENCE.-(711IS DAY.)

HOUSE OF LORDS.
DR. J. GRANT V. LIVINGSTONE.

This was appeali. from two decisions of the Court of Ses-
sion in Scotland, finding that the applicant, who had been
suspended by the Presbytery of Hamilton, and deposed
from the ministry by the General Assembly of the Church
of Scotland for drunkenness, was not entitled to the vacant
stipend during his suspension.

At the conclusion of the arguments of counsel, the Lord
Chancellor affirmed the decision of the Court of Session,
and dismissed the appeal with costs.

COURT OF CHANCERY.
(Before the Lords Justices.)
APPEAL JUD.,MENT.-FISHER v. BRIEELEY.

This is an appeal from a decision of Vice-Chancellor Sir
William Page Wood, and deer ee of the Master of the Rolls,
declaring the devise of two acres of land by the late Miss
Mary Winfield Lambert, of Bourbank House, in the parish
of Cartmel, in the county of Lancaster, to trustees to build
a church, parsonage, school, and school-house thererm, and
for the endowment thereof, in connection with the Estab-
lished Churches of the United Kingdoms of England and
Ireland, was void, under the Mortmain Act,eas a devise
of land to trustees for charitable purposes after her death.
Their lordships, after referring to the law and facts of
the case, came to the conclusion that the bequest was not a
bequest de futuro, but a devise de presenti which the trus-
tees could have enforced at any time in her life, and that
the bequest did not fall under the Mortmain Act nor the
statute of 43 Geo. 111., cap. 180. Their lordships allowed
the appeal and reversed the decision of the Vice-Chancellor
and decree of the Master of the Rolls, with costs, as between
solicitor and client, to be paid out of the estate.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Fane.)

IN RE A. DAVIS.

This bankrupt was described as a comission agent and
merchant, of Camden-terrace, Camden-town, and applied
for the certificate. The debts are £1,492, and the present
assets £2OO.

There was no opposition, and his Honour granted an
immediate certificate of the second class.

IN RE HAWARD.-REFUSAL OF CERTIFICATE.

The bankrupt was described as of Homerton, grocer,
and now came up upon his request for certificate.
Many grave charges, such as assigning his property
unfairly and gambling, were brought against the bankrupt,
and his Honour commenting upon the case in severe
terms, refused the certificate until bankrupt had been in
prison for twelve months.

SHERIFFS' COURT.
VEXATIOUS APPLICATIONS-PAULKE XER V. LETTS.

This case, it will be remembered, was recently tried and
resulted in a verdict for defendant. Plaintiff, who de-
scribed himself as a literary man, sought to recover £5 se.
for reviewing Lett's Diary, and defendant deposed that he
had given no orders for such reviewing. His Honour,
upon the day of trial, after the finding of the jury for de-
fendant, allowed costs. Mr. Faulkener, having an objec-
tion to some of the costs, gave notice to Mr. Letts that this
day he should make an application to the court upon
the matter. To-day at twelve Mr. Aubin, defendant's
solicitor, and Mr. Hogg, manager, attended, and when the
case was called no one answered for plaintiff.
His Honour said that the application would be of course
dismissed.

Mr. Aubin said he must apply for the costs of attending

to-day.

His Honour—They follow as a matter of course.
Mr. Aubin—l have been obliged to bring Mr. Hogg here
at great inconvenience.

Mr. Orgood (chief clerk)—lt would only have been neces-
sary for you to attend to oppose the application.
Application dismissed with costs.

1111 S DAYS M.AR,K.ETS.