The Sun.
London, England, 1858-11-04 00:00:00

ALLEG-ED-FRAUD-BY-A-BTOCKBROICER

Wni. Lemon Oliver, described as a stockbroker
of 4, Atistinfriars, was. brought up On remand and
placed in the felon's dock at Cluildhall, charged with
-unlawfully appropriating to his own use a sum of
£5,000, intrusted to him by Miss Caroline Adelaide
Dance, of Southsea, Hants, for the purpose of in-
vestment in the purchase •of Six per Cont. Canada
Government Bonds, and Six per Cent. Great
Western of Canada Railway Debentures.
Mr. Alderman Carter presided.
Mr. Bodkin, instructed by Messrs. Desborough,
Young, and Desborough, appeared as before for the
prosecution, but the prisoner was undefended.
Mr. Martin, the Chief Clerk, having read over the
depositions, Miss Dance was- recalled and sworn.
Mr. Bodiin—You will remember, *sir, that on the
last occasion I read a letter from the prisoner,
dated Jan. 9, in which he proposed several modes
of disposing of this money; and Tom now going to
prove that. Miss Dance gave him instructions in
writing and what those instructions-were. Now,
Miss Dance, just look at this letter, and tell me if
it is the one you sent to the prisoner in answer to
the one you received from him on the 9th of Jan.
last. -

Miss Dance—lt is, sir.
Mr. Bodkin—l propose to read this letter. -It is
dated Jan. 10, 1858, and is as follows :
" Sir,—l thank you for your kind consideration in hav-
ing given so much attention and thought to the matter of
which your letter received this morning treats. You have
put it so clearly before me, and I am so satisfied of the
soundness of your judgMent regarding it, that I have no
hesitation= in begging you • to invest the £5,000 capital for
me in two equal parts in the two first concerns you mention
—viz., the Great Western of Canada Debentures and the
Canada Government Bonds.' I fully appreciate the neces-
sity which you put before me of losing no time at- such a
period in money affairs as the present, but I am sorry
to say that my cousin, Mr.. V.- Johnson, informed me a
few days ago that it would be necessary to give a seten
days' notice to. Messrs: Coutts, in whose hands the
"money is placed, ere it can be 4iitharawit.' By. this post I
write to Mr. V. Johnson both at his chambers, m town and
at my cousin's (C. L. Grimshawe) lionse, in Bedfordshire,
where he told' me -he might by this time be, so that 'no
further time than what is unfortunately unavoidable may
'be lost. I th-ank-you very much for your expressed will-
ingness to afford me further information, but nothing sug-
gests itself to me that I need ask at present. But I shall
hope to hear either from yourself direct, or through the
medium of my cousin, anything which it may be thought
advisible I should know. Once more fhanking you for
your explicit and satisfactory letter, I am, sir, yours truly,
" ADA LPANCE."

Mr. Bodkin—These, sir, are the writtoin instruc-
tions required by the act. I will now call Mr.
Johnson to prove the payment of the money to the
prisoner.
Mr. H. R. V. Johnson, a barrister-at-law of Lin-
coln's-inn, said—l was one of the trustees for Miss
Dance under her uncle's will. •

Mr. Bodkin—Wds the sum of £6,000 to which
she was entitled deposited at Messrs. Coutts's house?
Mr. Johnson—lt was, sir. I cannot say the exact
time, but it was-deposited there at the close of last
year.
Mr. Bodkin—Did you in consequence of a com-
munication = from Miss. Dance take the necessary
steps to withdraw that money from Messrs.
Coutts's bank ?

Mr. Johnson—l did, and drew the cheque, which
is also signed by Mr. Grimshawe, my co•trustee,
on Messrs. Coutts for £5,000 on the 20th of Jan. I
delivered the cheque produced to the prisoner,
William Lemon Oliver. _ _

Mr. Bodkin--Was that the same day or the next ?
Mr. Johnson—No, Sir, I believe I delivered him
the cheque late on the day before the date it bears.
-Mr. Rodkin—l am afraid you are mistaken, and
that it was on the date of the cheque it was deli-
vered, but it does not matter..
Mr. Johnson—l gave it to .him After banking
hours, and from a memorandum I made at the time
I believe it was on the previous day I 'gaie the
cheque to the prisoner.
- Mr. Bodkin-I-Had yonany conversation with the
.prisoner at that time ?

Mr. Johnson—l told. him fur what purpose it was
gave' him the cheque.
Mr: Martin—What Aid you say fo him ?
Mr. Johnson-1 cannot remember the precise
words; but I believe I said this was the check which.
I had undertaken to give him on account of Miss
Dance.

Mr. F. Esse said—l am a clerk in Messrs. Coutts'
bank. The check produced for £5,000 was_paid at
our bank on the day-it bearS date.
Mr. Bodkin—Was it paid after banking hours
through the clearing-house ?
Mr. Esse—No, sir ; it was paid Over the counter
aftex the Cletiring-house and banking hours. It was,
presented by the London and. County -Bank. We
do not attend the clearing-house.
Mr. Bodkin—l should state, perhaps, sir, that
since the last examination inquiries have been made
which have 'led to the_ full development of this
fraud. • After calling your attention to the act of
the ith and Bth of Geo. IV., c. 49, sec. 29, under
which these proceedings are taken, I will show that
two offences are provided for as against bankers or
agents—the one for appropriating money intrusted
to them for a specific purpose, and the other for
converting or dealing, in violation of good faith,
with securities intrusted to them for safe cussody.
Now, sir,- I am, in a position to prove both these
offences acrainst the prisoner. I shall show, sir,
that of this sum of £5,000 the amount of £3,449
has really been invested' in Canada bonds, and that
almost immediately after they were deposited with
the London. and County Bank. The prisoner bor-
rowed £3,000 upon them, and .by so doing cora-
mitted =the offence of dealing with securities in-
trusted. to him. for safe custody.
Alderman Carter—Then,,it does not appear that
the other £1,500 was invested at all ?

Mr. Bodkin—No, sir ;.the appropriation of that
money is the other offence provided for by the act
of Parliament. , _

::- Policeman 112 said—l took the prisoner into cus-
tody, and. found on him one of the letters from Miss
Dance. The rest of the letters, with the prisoner's
books, which I now, produce; -I found in his count-
ing-house. I produce the prisoner's cash book and
his pass book of the London and County Bank.
Mr. Bodkin—Now, .Miss Dance, I must trouble
you to look at this cash-book, and tell me if the fol-
lowing entries are in prisoner's handwriting
JANUARY, 185
•8. _ _

Jan. 20.—Dance, Miss,per R.H.T. Johnson,
' Esq., 857, 863, 865 - £5,000 0 0
Jan. 28.—From bank, London and County;
loin on Canada Bonds, at 5 per cent. 3,000 0 0
Jan. 20.-857, Barkworth, £2,000 6- per cent.
Government Canada Bonds, at 1091 2,190 0 A
Jan. 21.-863, Sims and Hill, £l,OOO Great
Western Canada Bonds 1,037 7 .2
Jan. 22.-865, Terry, Canada Governt. Bonds 222 0 ..0
June 30.-88,,,London and Colinty Bank
Miss Danee—The whole of these entries, with
the exception of that dated June 30, I believe to be
in the prisoner's handwriting.
Mr; Bodkin—These entries shom;•-that prisoner
received the £5,000 from Miss Dances that he in=
vested £3,500, and, obtained an advance upon the
securities so purchaSed of £3,000, which it now ap-
pears he repaid to the London and County Bank in
June last. •

Mr. Grey, from the London and County Bank,
said—On Jan. 28th last the prisoner obtained a loan
of £3,000 from our house, and left in our hands as
security 6 per cent. Canada 'Government bonds and
6 percent. Great Western of Canada Railway de-
bentures. _

Mr. 13 odkin—Who made the advance on those
securities ? .

Mr. Grey---The -general—manager of the bank.
The loan was repaid on June 30, and the securities
were then withdrawn. -
Cecil Gardner:--4 am now a stockbroker, but I
was-clerk to Mr. Barkworth about the timo the
bonds in question were purchased. On Jan. 12 the
prisoner bought some Canada bonds of Mr. Bark-
worth.

Mr. Bodkin—Give us a full account of the trans-
action, if that book will allow you to do so.
Mr. Gardner—On that day I bought for the pri-
soner the following bonds, to be delivered-on the
20th of Sanitary :—Canada Government Bonds,No.
16,253, £l,OOO ; Nos. 16,618 to 16,627 inclusive,
being 10 bonds for 100 each.
Mr. Bodkin—What was the cost of them ?

Mr. Gardner—At . 1091 each they came to
£1,095, which, with the bond for £l,OOO, made a
total of £2,095. . -
Mr. Robert Hill said—l am a stockbroker, at 3,
Bartholomew-lane. On the 21st of January last
we purchased for the prisoner £l,OOO Great Wes-
tern of Canada Bonds, . _

Mr. Bodkin—How many bonds were there ?
Mr. Hill—Two for .£5OO each. The cost of them
was £1,037 7s. 2d.
Mr. Bodkin—Did you sell any bonds for the
prisoner ?
Mr. Hill—On the 27th of June last we sold
£2,700 of Canada Government Bonds, 6 per cent.
to be delivered on the 30th of June. The numbers
were £l,OOO-16,253, and 16,618 to 16,627 inclu-
sive, and 12,143 and 4, making 12 bonds of £lOO
each.

Mr. Bodkin—These you will perceive, sir, are
the -bonds which appear in the prisoner's cash-book
as having been bought on account of Miss Dance,
with the exception of the last two, and they were
purchased by Mr. Terry, who is now present.
Mr. Hill—We sold the bonds for £2,200, and
they realized £2,557 10s.
Mr. Bodkin—What did the sale of the whole of
the bonds realize?

• Mr. Hill—The total was 4567 10s. ; but with
interest, &c., it was £3,579 19s. 10d. We gave the
prisoner a cheque for £3,472105. lOd., there being
a balance in our favour against him on other tram-
actions. That cheque was returned to me paid.
This is the cheque. It was drawn. on Jones Lloyd's
bank and crossed by the London and County Bank:

•