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

EVET tritl'iG, NOVEMBER 11, 1858.
THE -SUN,- LONDON, THURSDAY

THE CASE OF MR. OLIVER.

COMMITTAL FOR FRAUD AND FORGERY.
William Lemon Oliver, described as a stock-
broker, who stands committed to take his trial on
the charge of misappropriating money and securi-
ties to the value of £5,000, was afiain brought up
before Mr. Alderman Cubitt, at Guildhall, charged
with appropriating and converting to his own use
1,000 £1 shares of the North British Australian
Company, and 100 £5 shares of the Crystal Palace
Company, entrusted to him by Mr. Robert Swan,
an independent gentleman, of Northumberland, for

safe custody. -
Mr. Henry James, the counsel for the prosecution,
said—The prosecutor, Mr. IL Swan, is a gentleman
of independent property, residing in Northumber-
land, and he and the prisoner have been on the most
friendly terms. You will find that he delivered a
box containing a number of shares and other secu-
rities to the prisoner to deposit at the London and
County Bank, and that a new lock was placed on
the box for greater security at the prisoner's sugges-
tion. But on the 2d Aug. last the prisoner wrote

to Mr. Swan as follows :
" 4, Austinfriars, Aug. 2, 1858, London, B.C.
"My dear old Robert,—l shall, I think, leave off calling_
you old,' for it seems to me that you are getting more juve-
nile and lively daily. Yet still there is a charm in the name
of ' old Bob,' or rather Auld Robert.' As to good friend
Shaw. Now, Bob, do you think me such an old fool as to
say a word or to volunteer a sentence relative to bristle?
with such a man as the Irish magnate ? No, mon, no not
such a jackass as that ; but yet the hint you give is wise and
right, and so I shall be on my guard if he calls. We are
fully expecting to hear from Caro. Our little home is now
all clear for her, and we are anxiously expecting her visit.
Bertha has laid out no end of trips for her, and I expect
London will be ransacked to give the dear old gal pleasure.
I enclose you a cheque for £lO, as also a blank transfer,
and what I want you to do with this is just this. I can, if
you like, lend your 1,000 N. B. A for three months to a
first-class Man, who is anxious to get on the direction of the
company. For the accommodation he will pay you £2O
down, and deposit with you£l,ooo value Manchester, Shef-
field, and Lincoln stock, and 250 Submarine Telegraph
shares, value £350 at the lowest, enga'ing, too, to pay you
all dividends declared or declarable within the three months
and to retottn to you free of all expense the shares at the
period named, that is, three months. He has deposited
with me the 141. and S. stock and the Telegraphs, aulawei's
your reply. New, as the election comes off at the board
meeting, Wednesday noon, if you agree to this (I think
it •is an easy way of getting a £2O note), send up
your keys, and just say, Mr. M'Kewan, please deliver
to Mr. Oliver my deed box.—Yours, &e., R. S.' I will
then get the shares, deposit inyour box his agreement and •
the other things--that is the M. and S. and Tele-
graphs—and return you the key by return. I could do it
elsewhere, but I offer it to you. Let me hear by return.
Peacock elects you to go on, but I have screwed out of him
for two months longer 10 per cent. Trusting to see you
very soon, I hope about Friday or so, believe me ever, with
our united regards and devotion, your faithful and attached
Colley, " HOLD HOLIVER."
My client, Mr. Swan, accordingly sent up the key,
and, the box was delivered to the prisoner, • but I
will satisfy you that notwithstanding his sending
for the key the prisoner, as far back as January,
had possessed himself of the box deposited at the
London and County Bank, and without Mr. Swan's
knowledge he pledged 500 of the North British
Australian shares for £3OO, and the other 500
shares in the same company for another £3OO in
July following. I will prove that none of those
shares were deposited as proposed for election pur-
poses, and that the prisoner, since he has been in
custody, has admitted having a second key to the box
which held the securities, showily, that the letter I
have justread was merely intendato blind the prose-
cutor with regard to the fact of the shares having
been dealt with at an earlier date. These are the
leading facts of the first charge ;, but as there are
several cases involving more serious charges, I will
just state the course I intend to pursue. I pro-
pose proving the transfer of the shares in Jan.
nary and July—the first 500 to a person named
Barry, and the second 500 to the London and.
County Bank. This transfer really bears the pro-
secutor's signature, but it will be found that Mr.
Swan signed several blank transfers for another
purpose, and it is one of those which the prisoner
has turned to account in the present transaction. I
will also show that the signature of the attesting
witness is a forgery. But I have even a more sub-
stantial charge of forgery against the prisoner in
the case of 100 Crystal Palace shares, which he ab-
stracted from the same box ; and effecting the trans-
fer he has signed the prosecutor's name, and the
signature in that instance was attested by a lad
named Pickering, who was in the prisoner's employ.
Alderman Cubitt--Does any one appear to de-
fend the prisoner?
Mr. Richardson—l attend for him.
Mr. Robt. Swan said—l have lately been residing
at Paris, but as I heard that the prisoner was in
custody, I came to London. My usual place of
residence is at Alnwick, in Northumberland. I
employed the prisoner as my broker previous to
the 2d of August last, when I received the letter
which has been read.
Mr. James----Did you, in consequence of that
letter, send up the key to the prisoner ?
Mr. Swan—No ; for my key was in my port-
manteau at No. 24, Northumberland-street, Strand;
but I wrote to him, telling him to go to Chubb's,
the maker (as I thought) of the lock, and get the
box open.
Mr. James—But how was he to get the box from
the London and County Bank?
Mr. Swan—l sent him up a written authority,
directed to the manager of the bank, for the de-
livery of the box to the prisoner. I was not aware
that the prisoner had .a duplicate key to my box.
Mr. James—Was there a lock on the box when
you first brought it up from Northumberland ?
Mr. Swan—There was ; but the prisoner said it
was a common one, and that it was not safe to have
such valuable property under such a lock. That
was in November or December last, and I told him to
get a new lock put on. He did so, and gave me the
key produced. At that. time I had in the box 1,000
North British Australian shares. They were £1
shares, but I bought -them at 12s. 9d. per share.
I had also 100 Crystal Palace shares, which were
in the box, and I saw them there intact at the same
time. I never gave him any authority to pledge
any North British Australian shares in the London
and County Bank, nor any shares whatever either
in January last or at any other time. I saw the
prisoner in Newgate on the Ist of the present
month, and asked him what had become of my North
British Australian shares, and he said they were all
right, and would be returned at his office. I had
reminded him that the three months would be up
on the 3d. I saw him again on the 2d of this month
in Newgate, and said to him, " Now, be honest with
me in this affair." What I really said was, " Now,
be candid with me," for I very much doubted his
honesty, " and tell me exactly the position I stand
in with regard to everything vou have in, hand of
mine." He then said the North British Australian
shares would not be forthcoming. He did not say
where they were on that occasion, but he afterwards
told me they were in the London and County Bank,
and that I could get them back for £6OO.
Alderman Cubit .t—ls there such a company as the
• North British Australian ?
Mr. Swan—lt is the North British Australasian,
but it is commonly called Australian. I first became
acquainted with the prisoner four or five years ago,
and he commenced to act as my broker about the
same time, or almost immediately after. I remem-
ber sendit, up to the prisoner in June, 1855, the
transfer of some Manchester and Sheffield shares.
Mr. James—Do you recollect sending at that or
any other time more documents than the one
transfer ? •
Mr. Swan—l think I can, but I cannot fix the
date. On the occasion I refer to, I sent up, signed,
three transfers in blank. I believe that w.as pre-
vious to the 2d August last.
Mr. James—When the prisoner required you to
sign those transfers in blank did he state for what
purpose he wanted them ?
Mr. Swan—l am quite clear as to what he said.
It was merely that they were the transfers of some
shares about to be sold.
Mr. James—Did he tell you that all three trans-
fers were required for one set of shares ?
Mr. Swan—l understood they were. I was in
London for about a fortnight prior to the 2d of
August, and saw the prisoner nearly every day.
Alderman Cubitt—Do I understand you that
before going into Northumberland you saw the
prisoner every day for a fortnight, and that that
was some time previous, and not immediately pre-
ceding the 2d of August?
Mr. Swan—That is precisely what I mean. He
never communicated to ins prior to that date that
he had transferred any of the North British Aus-
tralian shares.
Mr. James—Where were you when the pri-
soner's letter of the. 2d of August reached you ?
Mr. Swan—l was at Alnwick, in Northumber-
land, and I returned him the following answer the
next day :

" Alnwick, 3d August, 1858.
"My dear old Cromwellian,--I beg to acknowledge
cheque value £lO, and return docuMents signed, so as you
may carry into effect what is proposed in yours of the 2d
inst. I have not the key of the deed-box, therefore just
take it to Chubb's, where you were kind enough to buy the
lock, and, sans dente, they will be able to open it for you.
Take out what is wanted, and they can lock it, as I have
the key in my portmanteau at Mrs. Brooks's. I purpose
leaving here on Saturday morning in time fon the steamer
at one p.m., from N. Castle, being with you, I trust, early
on Monday morning, quite in time to meet Caro on her
arrival at the railway station. lam sure she will be de-
lighted with her reception and Bertha's kindness and atten-
tion, which I am certain she will ever have a lively and
grateful recollection of, for she hai in her bosom Etna's
never-dying flame. (The ould dog still has a spark of
poetry in him.) Advise me to-morrow that this has enabled
you to put everything as you wished, and, with love to
Bertha, believe me always the truthful,
:k.,lr. S? " Senior Dog, BOB."
Mr. James—Why did you tell him to go to
Chubb's to get the box over!
Swan—Because I was Under the impression

that Chubb's. I
understood
Nyta,hsee all:.Chck tula)b's lock, but I
e
ever st Lid so.
.--------
the prihSoinmerthbaotuit
cani‘niro.t
James—Didpositis-ely
say
y.,rve) :receive a blank to signt n
for the transfer of the' itC6lO .shares North British
Australian ?
Mr. Swan—l did. ct came with. the letter of
2d August, and I returned it sift -fled , the following
day, witnessed by Dr. Heeley, o. f Ainwick.
Mr. James--When you saw tlit e prisoner in New-
gate, did he say the North Britis' n. Australian shares
. saw him in Newgate
would be returned as soon as ' iii ey had been used
for the purpose mentioned in 1 Lis letter to you ?
three months would
expire on the 3d Nov., and Et` died him, if the shares
I I‘ lr.
reminded Swan—The
w a
n
would be forthcoming, and b is reply was, that they
would be delivered at his office by_the party who
—hTimhe thatfit rs
time
the I
had borrowed them.
Mr. James—Did he say a nything about those
shares when you saw him aga in next day ?
Mr. Swan—Yes, sir ; he sai 'd they were at the
London and County Bank. .
Mr. James—State to the CA nut under what cir-
cumstances he said they were, deposited there.
Mr. Swan—He said. they• were pledged, and
could not be redeemed for less than £6OO ; but he
did not mention. the name of Barry as having any
of those shares.
Mr. James—Took at the laook produced, and say
if that transfer is signed by you.
[
Mr. Swan—l can say most positively that the
signature is not mj' handwriting.
Mr. James—Did you ever place that signature
t
to the transfer of tlio,.se 500 North British Austra-
lian shares ?
-

James—Your sig,na:,ture purports to be
Mr. Swan—Never, sir.
attestedNi.Caroline Bourn. Now, tell me if that
Mr. Swan—l know her handwriting, but that is
attestation by
not her signature.
is in her handwriting ?
Mr. James—That transfer is dated in January
last. Nov, do you know where Caroline Bourn
was at that time ?
Mr. Swan—Yes, she was at Paris. I never knew
her witness any transfer of mine. I positively, say
that no transfer of these shares was ever signed by
me. The transfer of 500 shares in the same com-
pany, dated 2d August, also bears my own signa-
ture, and puryorts to be attested by Caroline
Bourn ; but it is not in her handwriting, neither
did I sign the transfer of those share's.
Mr. James—Are you able to say if these two
transfers which bear your signature are the same
whish you signed in blank at the prisoner's request
for the transfer of the Manchester and Sheffield
stock some time ago ?
Mr. Swan-4 believe so. _
Mr. JO,lllCS—Can you give an approximate time
when you signed the three blank transfers ?
Alderman Cubitt—Was it three months, twelve
months, or twc,. years ago ?
Mr. Swan—lii October, 1857, there were some
Scottish Australian investments sold, and I had to
sign a transfer of 500, and, as far as I can recollect,
it was at that tine that I signed several transfers,
being under the iinpression that they were neces-
sary. Caroline Boorn was in Paris in August, and
I was in Northumberland.
Mr. James—Did tics prisoner, in the months of
January or August, In;nd over to you any notice
from Mr. Budge, the Swetary to the North British
Australian Company, statbg that your shares had
been transferred ?
Mr. Swan—No, sir, never.
Mr. Budge said—l am secretary to the North
British Australian Company, 27, New Broad-street.
I produce the register of shareholders. Previous to
the 18th January last Mr. Swan's name appeared
in our books as the holder of I,oooof our shares.
Mr. James—What were the numbers
Mr. Budge—Nos. 156,735 to 157,434, Nos.
115,204 to 115,403, and Nos. 177,206 to 177,305.
Mr. James—Now, on or about the 19th of
January did you receive notice of the transfer of
these shares ?
Mr. Budge—l did, sir. On the 16th of January
last the transfer deed for 500 shares from Mr. Swan
to Mr. Barry of the Stock Exchange.
Mr. James—Which numbers were those ?
Mr. Budge—They were 156,735 to 157,434. The
date of the transfer is the 15th of January, and
those shares were duly transferred in our books to
Mr. Barry.
Mr. James—Did you send any notice to Mr.
Swan.before making the transfer in your books ?
Mr. Budge—l did, sir. I sent the notice ad-
dressed to "Mr. Swan, care of W. L. Oliver, 4,
Austinfriars," hat being the prosecutor's registered
address.
Alderman Cubitt—That being his registered
address then, you knew of no other which wsuld
be safe to direct such documents to with safety ?
Mr. Budge—Certainly not, sir.
Mr. James—l proposed to prove service of a
notice on the prisoner to produce the notice of
transfer.
Mr. Richardson—We admit the service.
Mr. James—ln criminal matters everything must
be proved.
The notice was accordingly proved by a clerk to
the solicitors for the prosecution.
Mr. James—Did you receive any other deed of
transfer relating to other shares?
Mr. Budge—Yes, sir. On the 26th of July a
transfer deed of 500 shares North British Austra-
lian was lodged at our office. The date of that
transfer is the 23d of July, from " Robert Swan, 4,
Austinfriars, to Wm. M'Kewan and James Grey,
of 21, Lombard-street." The numbers of those 500
shares are 157,235 to 157,431, 115,204 to 115,403,
and 177,206 to 177,305. I sent a notice to Mr.
Swan
M'Kewan and Grey, of the London and County
Bank. of
thosethat tshraanrsefse rina stohe book to the names of
, and I afterwards trans-
ferred
Mr. John Hill, a stockbroker, of the firm of Sims
and Hill, of 3, Bartholomew-lane, said the prisoner
was not a member of the Stock Exchange.
Mr. James—Had you had any dealings with the
prisoner in the month of January or previous ?
Mr. Hill—l had, sir. On the 12th of January
last we sold for him 500 North British Australian
shares, to Mr. Barry, a member of the Stock. Ex-
change. I received from the prisoner the deed of
transfer, and t'ie shares were transferred from the
name of Robert Swan to that of Horace Barry.
The numbers of the shares sold to Barry were
156,135, to 157,234.
Mr. J. Grey, chief accountant at the London and
County Bank, said, it is my duty to know what
securities are at our bank for safe custody.
Mr. James—Was any box deposited there belong-
ing to Mr. Swan ?
Mr. Grey—There was, sir. It was deposited by
the prisoner, and, to the best of my recollection, it
had the name of Swan upon it. It was no part of
my duty to become acquainted with the contents of
the box.
Mr. James—Did your bank advance a sum of
£6OO on some North British Australian shares in
July last ?
Mr. Grey—Yes, sir. On the 3d of that month
the prisoner deposited 1,000 shares of that com-
pany, and I have the certificates of them here. The
numbers are 157,235 to 167,431, 115,204 to 115,204
to 115,403, and 177,206 to 177,305, making 500
shares.
Mr. Martin (Chief Clerk)— But how many
shares in all did you advance the £6OO upon ?
Mr. Grey-1,000, sir. I received the transfer
and certificate from the prisoner, and;l delivered
them to the secretary or the company.
Caroline Bourn sait_l reside at 4, Rue de la
Corderie, St. Honore, ?aril. The signature to the
deed of transfer datedthe 15th of January is not
my handwriting. I sever witnessed any such
document as that.
Mr. James—Look k the- transfer of the 23d of
July and tell me if that is your signature.
Caroline Bourn—lt is not. On the 16th of Jan.
and the 23d of July I was in Paris.
Prisoner —May
12b, allowed to look at that
transfer ?
Mr. Roe, the summchin—
g officer, was here about
to hand the book for tie prisoner to inspect, when
Mr. Budge, the secrettry of the company, rushed
forward and snatched the book from Mr. ltoe,' fear-
ful of trusting such an important document within
the prisoner's reach lest he should destry it.
Henry Smith, a cicsk in the employ of Messrs.
Chubb, of St. Paul's-cturchyard, said—l have exa-
mined the box produced. The lock was never made
at our house.
Mr. James—ls it a
%patent lock ?
Henry: Smith—lt ip a common lock made to re-
semble in appearance Bramah's tpa ent. It is an
ordinary lock, and might be
opened by a common
key.

Er. James—Does it
or forced ? appear to have been picked
Henry Smith—No, air.
Alderman Cubitt—lf it is a common lock that
could be opened with an ordinary key, I presume
you would not be able to tell whether it had been
opened by a picklock or key, as there would be no
marks of violence upon it.
Henry
,Smith---That is so, sir. •
Alderman Cubitt---Then, I apprehend the box
might have been opened without•torce ?
Henry- Smith—Certainly, sir.
Mr. George John Graham said—l am the official
assignee appointed under the prisoner's bankruptcy.
I produce the box in question. I received it from
the messenger in bankruptcy.
Policeman 112 said—l apprehended the prisoner
on the 26th Oct. on another charge, and I took pos-
session of a bunch of nine keys,, which I gave to
Mr. Stubbs, one of the messengers of 'the Bank-.