The Sun.
London, England, 1858-11-11 00:00:00

ruptcy Court. I unlocked the box produced with
one of those keys.
Mr. Thomas Edward Stubbs said—l am messen-
ger in the Court of Bankruptcy. I received nine
keys from the officer, which I now produce.
_ _

Mr. Swan recalled—l saw these shares safe
about this time last year. I never gave the pri-
soner any authority to remove them or deal with
them in any way whatever prior to the 3d of
August last.
Mr. James—That, sir, is the whole of the evi-
dence in the first case, with the exception of the
lad Pickering, whose signature purports to attest
the transfer of 500 of the North British Australian

shares, and I am given to understand that he will
be forthcoming at the trial. I will therefore now
proceed with the graver charge of forgery.
Mr. Wm. Henry Dawson said—l am transfer
clerk to the Crystal Palace Company. I produce
the deed of transfer of 100 Crystal Palace shares,
dated 18th of October last, and the transfer ap-
pears to have been made from Robert Swan to Mr.
Amelam, of 12, Copthall-court. I sent a notice of
the transfer to Mr. Swan, at 4, Austinfriars, to the

care of the prisoner. In pursuance of the transfer
I have registered Mr. Casartelli as the holder of
these shares.

Charles Witten, of 38, Throgmorton-street, said
—I am not a stockbroker; I am a stock dealer.
Mr. James—Did you in October last purchase
any Crystal Palace shares of the prisoner ?
Mr. Witten—Tt was on the 6th of that month I
purchased 100 shares for £156, and he delivered to
me the transfer produced. The signature of Robert
Swan was then attached to that transfer, with the
attestation of James Pickering. I afterwards sold
them, and delivered the transfer to Mr. Amelam.
Mr. Frederick Amelam said—l carry on business
as a stockbroker at 12, Copthall-court. On the
18th of ' October last I received from Mr. Witten
100 Crysial Palace shares. I was acting for Mr.
Frank Casartelli, and this transfer was the docu-
ment I received.
Mr. James—ls• it now in the same state as when
you first received it?
Mr. Amelam—Yes, sir, with the exception of the
name of Casartelli being upon it. After MrAgas-
artelli had signed it I-forwarded it to the office of
the company.
Mr. James—Let Mr. Swan stand up. Did you
have 100 Crystal Palace shares on the 18th of
October last ?
Mr. Swan—l had the certificates of them in this
box, and, to the best of my recollection, I saw them
safe about this time last year. lam perfectly certain
I never gave the prisoner any authority to sell
them, because they were worth £3 in the market
some time back, and the prisoner said I had better
have sold them, and I agreed -with him ; but as I
had allowecrthe opportunity to slip, I told him I
would hold on to them now, in the expectation of
getting a dividend on them. I never authorized
him to sell them or to sign my name to any transfer
of them. The signature, " Robt. Swan," to this
transfer is not in my handwritinc., nor is it written
by my authority. He never informed me he had
transferred these shares.

Mr. James—Where were you on the 18th of
October, 1858?
Mr. Swan—l was at Paris. James Pickering,
who purports to be the attesting witness to the
signature of that transfer, was, I believe, the
prisoner's clerk.
Mr. James—Now, when you saw the prisoner in
Newgate, did you ask him about these shares ?
Mr. Swan—l did, sir ; and he said they were in
the box, but on examining the contents of the bax
I found they were not there.
Mr. Richardson—Did you place the shares in the
box yourself ?
Mr. Swan—l did, sir.
Mr. Richardson—Did you see them in. the box
at any time after you delivered them to the
prisoner ?
Mr. Swan—l did ; for the box had. been opened
in my presence since the prisoner first had it in his
possession. I opened the box for a particular pur-
pose, namely, to get at my will, but as soon as I
got what I wanted I took no heed of anything else.
Mr. Richardson—Was the box as full then as
when you. first delivered it to the prisoner ?
Mr. Swan—lt was not, for I noticed that the
North British Australian shares had. been taken
out, and I asked him where they were, and he said
they were lent for a purpose.
Mr. Richardson—When you saw him in New-
gate did you not say if he would tell you everything
you would forgive him and not prosecute him ?
Mr. Swan—Never in my life, for I had made up
my mind for the worst. I asked him to tell me
everything, as it would do him neither good nor
harm, but it was more likely it might do him
good.
Mr. James—When did you first give the box
into the prisoner's possession ? At any time, I
mean ?
Mr. Swan—About two years ago; but the new
lock was put on it by the prisoner about the end of
last year. The lock was changed in his office, and
the box was then deposited at the London and
County Bank.
Mr. James—Had the box ever been deposited at
that bank before the new lock was put on ?
Mr. Swan—Oh yes, sir, and I have here the ori-
ginal deposite note. The shares were first deposited
in the box two years ago, and the prisoner placed
the box at the bank, under my directions.
Mr. James—When did you take your will out of
the box ?
Mr. Swan—Somewhere about the Ist or 3d of
September last, and I went to Paris on the 4th.
That was the time the prisoner told me the North
British Australian shares were deposited according
to his letter of the 2d of August.
Mr. James—There is some writing at the bottom
of the order for the delivery of the box from the
bank,—was that there when you sent the order to
the prisoner ?
Mr. Swan—lt was not, sir.
Mr. Richardson—Did you not give the prisoner
a general authority to receive dividends ?
Mr. Swan—To receive dividends, but not to
transfer shares without my authority.
Mr. Richardson—Had he any written authority
to receive the dividends ?
Mr. Swan—Oh, yes, in letters which I wrote to
him, and the different companies, authorizing them
to pay him, but no mention was made of transfers
in that authority.
Mr. Grey, recalled—The order produced was pre-
sented at the bank b the prisoner or his clerk,
and the box delivered to him, and the order has
been in our possession ever since.
Mr. James—ls the name, on that order, of Wil-
liam Lemon Oliver the signature of the prisoner ?
Mr. Grey—l think it is the prisoner's hand-

writing.
Cross-examined—The box was not opened at the
bank, and no one had access to it there.
Alderman Cubitt—But if Oliver had gone to the
bank with the key of the box, would he have been
allowed to take anything out ? •
Mr. Grey—l only know the box as receiving it
from Oliver.
Alderman Cubitt—Then he would, of course, have
access to it without an order..
Mr. James—l now ask you, sir, to commit the
prisoner for trial for appropriating and converting
to his own use, in violation of good faith, the 1,000
North British Australian shares and the 100 Crystal
Palace shares, and also upon the more serious charge
of forgery. •
Alderman Cubitt—With regard to the Crystal
Palace shares will that not be a stealing ? It ap-
pears to me that the fact of the box being deposited
at the bank for safe custody, and the prisoner's
getting it away and abstracting the shares without
Mr. Swan's knowledge or authority-, would consti.
tute the offence of stealing.
Mr. James—The box haste a certain extent been
entrusted to the prisoner, and my clients were
rather afraid it might be 'termed a constructive
possession, but at the same time I am quite pre-
pared to adopt your view _of the offence and to ask
that the prisoner be committed' for the larceny.
AldermanCiibitt—l can only deem it a stealing
of the shares, because the prosecutor did not even
know that the prisoner had a second key, and he
gave him no .authority to dispose of the shares.
And I also think that if it is a larceny in the one
case it must be a.larceny in the other, relating to
the 1,000 North British Australian shares.
Mr. James—Then I will ask you to commit the
prisoner on the two charges of larceny as well as
that of forgery.
Alderman Oubitt—l am abont to commit you for
trial, prisoner, but before doing so it is my duty to
caution you. You are not bound to say anything,
but whatever you do say. will be taken down in
writing and given in evidence against you on your
trial.
Prisoner—l have the belief, sir, that if lam re-
manded and have access to various documents to
which 1 am now:denied access, that I shall be able,
at any rate, to refute the graver char ge, if not
steal
the
other one. Deliberately I say it, I did not
the North British Australian shares.
Alderman Cubitt—Where are those documents?
Prisoner—ln the Bankruptcy Court.
Mr. James—Every opportunity shall be affordedto the prisoner's solicitor to inspect every document
connected with this case, but my clients object to
allowing the prisoner the absolute possession-of
any of them.
Prisoner--11-do not want it.
Alderman Cubitt—No good can arise from a re-
mand, as you will have every facility in Newgate
to prepare to meet the charges against you. You
therefore Eitand committed for trial upon a charge
of forgery and two charges of larceny.
The prisoner was then removed.,