The Sun.
London, England, 1857-01-16 00:00:00

THE GREAT GOLD ROBBERY.

CENTRAL CRIMINAL COURT--JAN. 15,
THIRD DAY.

The following is a mere extended report of :NT.r. Barn
Martin's " summing up" of the evidence in this trial, and
of his remarks in passing sentence, than we were enabled
to give yesterday :

Mr. Baron Martin then proceeded to sum up the evi-
dence. Ho said—Gentlemen of the jury, my learned
brother and myself are both of opinion that the prisoner
Pierce cannot be convicted on the first count, which
charges him with larceny as a servant, seeing that at
the time of the robbery he had ceased to be a servant of
the company. The only offence, therefore, of which he
can be found guilty is simple larceny. With regard to
Burgess and Tester, however, the case is different. They
were both servants of the company, and were placed in
situations of trust. You have been very properly de-
sired to dismiss from your attention all the remarks
which have been made by the press in reference to this
trial, and I also will make that request of you, though
I have no doubt that the evidence which you have lis-
tened to during the last two days must have made a
much greater impression on your minds than anything
which you have read in the newspapers. This case, it has
been truly said, is one of thegreatest public importance.
It is one of a class which has unfortunately become very
numerous of late, and for which I think the Legislature
ought speedily to make ,some special provision, where
the great joint-stook companies which have come into ex-
istence in such numbers within the last quarter of a century
have been plundered by their confidential servants. It
seems as though the feeling of attachment and fidelity
which ought to exist between clerk and employeris wholly
wanting in the case of those companies and they appear to
be regarded as a public spoil. This case rests mainly, no
doubt, on the evidence of an approver. To use his own
expression, Agar is, and has been for years, " a pro-
fessional thief," and he was known to the prisoners as
such. He was no common thief, however. Before he
engaged in this transaction he was in the possession of
3,0001. stock, besides Spanish bonds to the extent of
7001., and he appears to have been applied to on account
of his great professional skill to undertake this business,
just as one would apply to a great physician or a great
lawyer, or any man of great professional reputation, for
assistance in his particular walk. My learned brother
Shte told you very properly at the beginning of this case
that, for the purpose of convicting any one on the evi-
dence of an approver, it is necessary that 'ne should be
corroborated by other witnesses. If you are convinced
from the evidence of other witnesses that the story which
Agar has told is a true story, if you are of opinion that
there are circumstances connected with it which must
have happened, and which he cannot have invented, and
that
nto control,heminu then it is undoubtedly your duty to find
minute details which he has narrated have been
corroborated Lyindepeudent witncssaa with whom he can
have had no communication, and over whom he can have
n ihe
tthheesperisoners guilty ; but if yau have any doubt upon
thrsitty: sif oli
Amugusutsta:qlBuso
itsthanemd.heAwgaasr
con-
victed arrestepdoi onts .
victed at the October Sessions at this Court, and
from that time he has had no possible opportunity of
making up a concerted story with any one, nor indeed
is there any one of the witnesses, except Fanny Kay,
who would ba likely to enter into communication
with him on the subject. His motive fur coming
forward now is perfectly clear. He is actuated
by a violent feeling of animosity against the prisoner
Pierce for the breach of trust which he committed in
appropriating to himself the 3,0001. intended for the
support of Fanny Kay and the child. Revenge is his
object. Against Burgess and Tester he appears to have
no feeling of animosity, and it will be for you to con-
sider how far he would be likely, if his story were a'
false one, to inculpate two persons who do not appear
to have given him any cause of offence. My learned
brother Slice contended that even if Agar's evidence
were atrnck out altogether there was still a case to go
to the jury against all the prisoners. I think my learned
brother erred there as respects Pierce and Tester.
Against them there would be no case, I think, without
Agar's statement, but against Burgess I am of opinion
that there would be evidence to the jury even if Agar
had not been examined. If you are of opinion that the
robber took place between London and Folkestone—of
which I think the evidence leaves very little doubt—
then conies the question how could it have been cora•
witted without Burgess's knowlete, seeing that his
station was in the compartment in which thegold was
serried ? Bat with regard to the other two, I am
of opinion that there would be no case if
you disbelieve
Agar's story. Substantially, however, the case against
all the three prisoners rests upon .Agar's evidence, and
it will be your duty carefully to consider that evidence,
not starting. with the assumption that ii; is false,
but looking at it with great suspicion, and noting: how
far it is corroborated by the evidence of independent
witnesses. If you are then of opinion that it is so com-
pletely confirmed in all its important points by the testi-
mony of persons with whom he can have had no commu
nication and no opportunity of concerting a story as to
make it perfectly certain that hie ace aunt of the mode
' in which this robbery was committed is true, then it will
be your duty to find the prisoners guilty. The learned
Baron then went through the whole of Agar's evi-
dence, pointing out those portions in which it was cor-
roborated by other witnesses. His account of the visits
of himself and Pierce to Folkestone was confirmed by
Mrs. Hooker, at whore hou•c they lodged on their first
visit ; of Haael, the police inspector at Folkestone, who
had watched them,; and of Sharman, Chapman, and
Ledger. Chapman s evidence in particular as to the
receipt of the parcel of gold by Agar at Folkestone, and
his pretended inability to write a receipt, because of his
wounded finger, agreed in every particular with Agar's
statement. Agar said he had been informed by Tester
that one of the keys of the iron safe had been lost, and
that it had been sent to Messrs. Chubb to have the
lock altered,
i theered, and this was confirmed by Mr. Chubb, who
pe correspondence relating to this transaction,
which was in Tester's handwriting, showing that Tester
was acquainted with this circumstance, which it was not
likely would have been generally known among the
company's servants. In like manner, the unusual cir-
cumstance of Burgess acting as guard to the mail train
80 much longer than his regular tern of duty (during
which time Agar was going up and down the line fitting
the key to the safe), was shown to have been arranged by
Tester himself'. Tester was shown to have travelled on
the line from Red-hill to London that night, and to
have had a little black bag with him, by the testimony
of Jones and Russell, just as was alleged in Agar's
story ; and Agar's accotnit of the return of Pierce and
himself from Dover to London by the two o'clock train
was confirmed in all particulars by the wait:r at Dover
and the porters at the Dover and London stations.
Agar's description of the manner in which the gold lead
been carried from the station and melted down was con-
firmed by the evidence of the cabmen and the carter, and
Also by Mr. Rees, who found the firebricks behind the
grate, the burnt flooring at Agar's old residence, and
the box of tools at Pierce's. The evidence of the Bank
clerks respecting the six 1001. notes, and of the stock-
brokers, of Lee, the stockjobber, and of Stearn, the
publican, were all confirmatory of Agar's evidence as to
the division of the plunder ; and the Spanish bonds,
of which Agar bad spoken, had been in the same manner
traced to the possession of the prisoner Pierce, and of
Tester's father. Having thus pointed out those parts of
Agar.'s evidence which were confirmed by other wit-
nesses, the learned Baron dismissed the jury at a few
minutes to five o'clock to consider their verdict.

After an absence of little more than ten minutes the
jury returned into court, and the foreman delivered in
their verdict, Guilty on the second count (simple larceny)
against Plerc-, and Oitilly on the first count against
Burgess and Tester.
The prisoners having b.. •—•n placed at the bar for
judgment,

Mr. Baron Martin proceeded to deliver the sentence of
the Court. Addressing the prisoners he said—You,
William Pierce, James Burgess, and George William
Tester have all been convicted, upon pretty nearly the
most conclusive evidence which it was possible to lay
before a
jury, of the offence with which you were charged.
The man Agar is a man who is as bad, I dare say, as
Lad can be, but that he is a man of most extraorainary
ability no person who heard him examined can for a
moment deny- Ido not entertain a doubt that it was
because he was
extraordinary skill, that- he was applied to by ym for
It is obvious, as
the purpose of gutting this robbery effected by his instru-
mentality. Something has been said of the romance an old. experienced thief, noted for his
con-
nected with that man's character, but let those wh 0
fancy that there is anything great in it consider his fate.
I have said that he is A man of extraor-
dinary talent ; that he
gave, to this, and perhaps to many
other robberies, an amount of care and perseverance,
one-tenth of which devoted to honest pursuits must have
raised him to a respectable station in life, and, consider-
ing the commercial activity of this country during the
last 20 years, would probably have enabled him to realise
a large fortune. Put look at the consequences of his
career of crime. Instead of being a respected wealthy
man, as he
rate for ever from all he holds most dear. li is perfectly
clear that he was fond of associating with persons of
might have been ho is a slave for life —sepa-
the other sex, but he is entirely cut off from all such
associations.
~, lie is condemned to a wretched and
miserable ,me. Ile is dealt with as a complete slave,
and has no more control over his own actions than
the veriest slave that has existed since the world
began- I did not think it right to notice, while
the trial was going on,
the observations which were
made by counsel
on the probability of his gettiag his
discharge as the price of the evidence he has given here
to-day. That is entirely in the breast of the Crown ;
we have nothing to do with it ; but it does not at all
follow as a matter of course that a man of his character
will he released from prison because t!e has give.:
evidence which has had the effect of bringing you to jus-
tice- Ile Las related to us the various circumstaneea of
this robbery, and has narrated minute details which have
been confirmed by upwards of 30 witnesses, with whom
it was perfectly impossible that he could have had any