The Sun.
London, England, 1835-02-07 00:00:00

CENTRAL CRIMINAL COURT.

(THIS DAY.)

OLD COURT.

Francis Metcalfe, a respectable-looking man, was indicted
for stealing, on the 27th of December last, a check for the
payment of 1121. 10s., the property of his masters, Messrs
Brooks and Thomas, linen-draper, in Oxford-street.
Mr. CLARKSON stated the case for the prosecution.
Mr. PHILLIPS appeared for the prisoner.
Charles John Brooks stated that he, together with a gentle-
man named Thomas, carried on the business of linen-drapers.
The prisoner, previous to October last, was in the employ of
witness. The prisoner had formerly been a merchant
in the city, and moved in the first circle of life. Misfortunes,
however, had pressed upon him, and he became reduced in
circumstances. In October last witness's house owed Messrs.
Lainson, of Bread-street, the sum of 1181., which, deducting
a.certain discount reduced.the amount to 1121. 10s., for which
they drew a cheque, giving it to the prisoner to pay the ac-
count. Witness wrote across the cheque " Jones, Lloyd, and
C 0.," who were the bankers of Messrs. Lainson. Discovered
when the cheque was returned to witness by the bankers that
the words Messrs. Lloyd and Co. had been struck out, and
the words " Bank of England" substituted. On Witness ob-
serving to the prisoner that it was strange that the words
Jones, Lloyd, and Co. had been struck out, he said perhaps
Messrs. Lainson, and Co. had an account at the Bank of
England ; witness said it was also strange that the cheque had
not been presented at the bankers till January, when it had
been given in October. The prisoner replied that Messrs.
Lainson were rich people, and that probably they had kept it
locked up in their Iron chest. On calling upon the prisoner
on another occasion for the payment of some flannel, prisoner
said he had acted with great gratitude, and he supposed that
the witness was aware of what he had done in other transac-
tions. Witness said you had better tell me all you had done.
The prisoner then stated the name of several:persons whom he
had been desired to pay money to, and had not done so.
Messrs. Lainson and Co., 1121. 10s. was among the number.
This was the first time witness knew that the cheque had not
been paid to Messrs. Lainson.
Cross-examined by Mr. PHILLIPS.—The prisoner, who is
cousin to the witness, when in business for himself was a Man-
chester merchant, and had lost a considerable sum by the
failure of another house. The prisoner had never before em-
bezzled other sums and made them good again by the
consent of the witness. When witness discovered what
the prisoner had done, witness told him he had better go to
America, as his partner, when he knew of it would certainly
prosecute him. After the prisoner had told witness of the
embezzlement he had effected, he took a 201. bill which the
prisoner had offered him in part payment of the flannel.
Afterwards witness wrote to the prisoner requesting him to
send him an account of the manner in which he had disposed
of the 13/. odd, for which the witness gave him a cheque.
Witness also requested the prisoner to send the bill to him
which he had mentioned.

Re-examined by Mr. CLARKSON-Witness was rather against
prosecuting the prisoner, but his partner insisted upon it. The
transaction with the prisoner with respect to the flannels was
only between the prisoner and witness, and had nothing to do
with the cheque which he had embezzled for 1121. 10s.
Charles Fairclough was an accountant residing in Cheap-
side. Had known the prisoner for fifteen or sixteen years.
Called on witness in December last, and asked him if he would
give him money for a cheque for 1121. 10s., drawn by Brooks
and Thomas. Witness agreed to do so, and gave him the
money. Witness did not read the cheque or observe the
names upon it, but took it immediately, with other money, to
Mr. Green, the official assignee. In an hour afterwads, Mr.
Green's clerk returned with the cheque, stating that as Mr.
Green did not bank at Jones, Lloyd, and Co., the cheque was
no use to him. Witness then struck out the words " Jones,
Lloyd, and C 0.," and put " Bank of England."
Cross-examined by Mr. PHILLIPS.-Witness struck out the
words " Jones, Lloyd, and C 0.," and substituted " Bank of
England," without the knowledge of the prisoner.
Daniel Ross, the clerk of Mr. Green, the official assignee,
paid the cheque into the Bank of England.
William Tyson, a clerk in the bank of Sir Claude Scott and
Co., paid the cheque produced to the Bank of England on the
23d of December last, and debited Messrs. Brooks and Thomas
with the amount.

Mr. Thomas, the partner of Mr. Brooks, asked the prisoner
at Christmas last, for an account of the debts they owed in the
City. Among the accounts furnished was Messrs. Lainson
three guineas.

Henry Houghton, the cashier of Lainson and Co., stated,
that in October last, Messrs. Brooks and Co. were indebted to
them in the sum of 1121. 10s. That account had not been paid
to them.

This was the case for the prosecution.
Mr. PHILLIPS submitted, that the fact of embezzlement had
not been proved, and there was no larceny, because inasmuch
as there was no proof of the intention of the prisoner to steal
the cheque at the time it was given to him by Mr. Brooks.
The JUDGES decided that a sufficient case had been proved
to go to the Jury.
The prisoner, in his defence, said, it never was his intention
to appropriate the money to his own use, but he intended to
replace it, as he had done with other amounts.
Several witnesses gave the prisoner a most excellent
character.

Mr. Justice VAUGHAN summed up ; and
The Jury acquitted the prisoner.
The prisoner was again indicted with stealing a cheque for
451., the property of Messrs. Brooks and Thomas, his masters.
The cheque was given by Mr. Brooks to the prisoner, for
the purpose of paying it to Messrs. Caldecott, of Cheapside ;
this was never done ; but the cheque was presented at Sir C.
Scott and Co.'s, and paid by them in the usual manner.
The jury found the prisoner guilty.

NEW COURT.
Susan Sabine was indicted for stealing a silver spoon, the
property of Henry Revell Reynolds, Esq., on the 13th of
January last.
The spoon was produced and identified.
The Jury returned a verdict of Guilty, but recommended
the prisoner to mercy, on account of her apparent distress.
George Burk was indicted for stealing a purse, containing
16s. 6d., from the person of Isabella Elliott.
The Jury returned a verdict of Guilty.
Mr. C. PHILLIPS, in behalf of the prisoner, said, that he
understood he had borne a good character, and that the pro-
secutor was disposed to recommend him to mercy.
Mr. Smith, Clerk of the Papers, said, that although the
prisoner had not been in Newgate before, he had been in other
prisons.

The police constable was referred to, but he could say
nothing in the prisoner's favour.
The COMMON SERJEANT said, he had only marked the pri-
soner for six months' imprisonment, but he thought he must be
transported.
Mr. C. PHILLIPS hoped not, after the expectations raised in
the prisoner's mind.
The COMMON SERGEANT, upon re-consideration, adhered to
his first intention.
Henry Smith was indicted for stealing two books, the pro-
perty of Mr. Kimpton, a bookseller in Holborn.
The prisoner was stopped near the prosecutor's shop, with
the books under his arm, and taken into custody.
The prisoner met a boy in the street, who offered him the
books for sale. He replied that lie had no money, upon which
the boy said he would give him the books for the 21b. loaf
which he had in his hand. He struck the bargain, and shortly
afterwards was taken into custody.
A witness proved that the boy had been in the workhouse,
and was turned out on the day of the robbery, and told to shift
for himself. The 21b. loaf was given to him.
The Jury acquitted the prisoner.
The COMMON SERGEANT told him to go again to the work-
house, and if they did not receive him they were liable to in-
dictment. Needy persons were not to be driven to the com-
mission of crime.

THE FUNDS.-(THIS DAY.)

CITY, TWELVE O'CLOCK.

Consols continued steady during the whole of yesterday and
left off at 92i 4- for the Account, opened this morning at 92-3
Money 92 to k Exchequer Bills may be quoted 38 40 ; India
Bonds, 20 22 Bank Stock, 2232 to 2243 ; India Stock, 258 to
259.

In the foreign market Spanish Stock, Spanish Scrip, and
Portuguese Securities closed with an improvement on the
morning prices, and opened this morning at—Belgian, 1001-;
Brazilian, 85+ ; Chilian, 411 21 ; Columbian, 334 4j ;
Danish, 774- ; Dutch two and a half Per Cents. 551 ; Spa-
nish reached 56 lower, 562 ; Spanish Scrip reached 4to
+ prem. lower, done at 4, sellers ; Portuguese, 921 f
BOURSE OF PARIS. —Five per Cents., 108 f. 35c. ; Three per
Cents. 78f. 35c. ; Cortes, 434 if. ; Coupons, 23if.
The above market felt the effects by which money had been
obtained for the purpose of improving the French Stocks of
the Parisian bankers, who made deposits of stock with the
Bank for that purpose, which, being detected, they failed in
the speculation.

HALF-PAST ONE.
Both the British and Foreign Markets are not quite so good
as in the early part of the morning.
Consols may be quoted at 92 buyers for Money, and 92h- to +
for the Account, with little business doing.
The Foreign Market has also somewhat receded from the
prices of the early part of the day, owing to a report of an
Express from Madrid, with accounts not of a favourable
nature. Spanish Stock, ; Scrip, 34 premium ; Portu-
guese, 92i Money at the rate of 24- per Cent.
THREE 0' CL 0 CK.

Consols for the Account 92k 4-0
THE FUNDS.—CLOSING PRICES.
BRITISH FUNDS.
Bank Stook 743 4 India Stock 258%
3 per Cent. Red. 92% Ditto 80nd5...... 23pm
3 per Cent. Cons 92 South Sea Stock _
3% per Cent.
3% per Cent Red 100% Ditto New Annuities —
New 3% per Cent 9911 Ex. Bills, 10oe/...,
4 per Cent. Assented
Dissented --Ditto 50fq 4O pm.
Long Annuities to expire Bank Stock for Act.
Jail, 1860 17% India Stock tbr Opg.
Oct. 1859 — Consols for Opg. 92%
Jan. 1860
I, °REIGN FUNDS.
Portuguese Bonds, 5 per cent 91%
Ditto, New Ditto 92%
Prussian. 5 per cent. —
Russian Bonds, 5 per cent. 109%
Ditto, Metallic
Bpanish, 5 per cent 5%
Ditto, 'lB2l ' ~
French, 5 per cent ft lif. Tic.
Exchange ,.. ... 2M'. 40c.
French, 3 per cent 7Bf. 75c.
Dutch, 21 per cept. 55
Uttoi 5 per cent..,.„, ~ - 102

- ---- '
Austrian, 5 per cent —
Belgian, 5 per cent looy4
Brazilian Bonds
BuellOs 4 yrrs, 6 per cent —
Chilian, 6 per cent
Columbian, 6 per cent' - "
Ditto, 1814 :1514
Danish
Greek Bonds, 1E325, 5 per cent —
140(i8antl, 5 par emit , )825
Ditto, 1815 6 per rent.
1,,,P Tr.
Peruvian, 6 per cent
..