The Sun.
London, England, 1859-04-12 00:00:00

Mortimer was arrested there. I found the papers in the
desk. I opened the desk with the keys. I did not get
them. They were procured by another constable.
Mr. Humphries, solicitor, said—l received the bag of
papers and letters from the police. I found the letter pro-
duced amongst them.
Mr. Ribton objeeted to the letter being read. He thought
there was not at present sufficient evidence to connect
Marshall with Armstrong and Co.
Mr. Henry—l will make a note of your objection.
(The copy of the above letter to the Duke of Cambridge,
and the certificate of Mr. Bridson's baptism, was then read.)
Witness continued—After I had seen the letter I pro-
ceeded to the bank of White and Co., in the Haymarket,
on the 9th of July. £4OO had been deposited there in my
nalne. On the day mentioned I gave a gentleman named
Moore some directions respecting the money. The day after
this I left town, and from the country I addressed a letter
to Armstrong and Co.
(The letter was here read. It was to the effect that Mr.
Bridson had not yet received notice to attend for exami-
nation, and that the remaining arrangements had been com-
pleted at White's.)
Mr. Bodkin—l will now put in the answer.
Mr. Metcalfe objected to the letter beingiread, unless it
could be proved to be in the handwriting of Marshall.
Mr. Pugh was called, and said to the best of his belief the
letter was in the handwriting of Marshall.
The letter was then read, in which it was stated that the
consecmence of Mr. Bridson not receiving notice was a mis-
take, 4 that in consequence of Mr. Bridson being over
the age, ikatra exertion had to be used, for which an extra
twenty guineas would not be objected to, but the whole of
the charge was not to exceed £4OO, and that when the busi-
ness was completed £l5O of that money was to be paid into
the bank to Messrs. Armstrong, and the remaining £250 to
the account of the writer, R. Marshall.
A number of other letters were then received, written by
Marshall, some of which congratulated Mr. Bridson on Mr.
Coningham being gazetted, and others soliciting the order
to prepare Mr. Coningham's outfit.
By Mr. Metcalfe—The statement contained in the letter
to the Commander-in-Chief was perfectly true. All I
know is that I forwarded the letter to Messrs. Armstrong,
and I received an answer from the Horse Guards. I never
inquired where the £4OO was to go to.
By Mr. Ribton—l have the official letter I received from
the Horse Guards. I have not got it with me. The trans-
action occupied some weeks ago. I never saw the Captain
Mortimer now in Court daring the whole of the time.
Mr. Coningham said—l am an ensign in the 13th Light
Infantry. I asked my brother-in-law to obtain a commis-
sion for me. On the sth of July I arrived in London, and
on the 7th I put myself under a military tutor. I took my
certificates to Armstrong and Co., in Russell- court. Be •
fore I went-up for examination I called at Armstrong's. It
was about the 14th of July. I saw a boy there, to whom I
gave my card, and told him to give it to Mr. Armstrong.
I saw the boy deliver it to the defendant Mortimer. He
said, " Oh, Mr. Coningham, will you walk in." I went
in and the boy closed the door after me. I told
Mr. Mortimer I had brought him the testimonials,
which I had been instructed to do. Mortimer took
them, and said he would send them in. He asked me if I
was reading very hard. I said I was, and then he asked
me if I was going into the examination (the one that was
coming), and I said I was. Nothing was said about
gazetting. I left, but before I did so he asked me to drop
in occasionally, and I promised to do so. I 'then went on
with nay studies. Not hearing from the Horse Guards, I
addressed a letter for Sir Charles Yorke on the 13th of
July. I received an answer on the 15th. I was under
'examination on the 15th, 16th, 17th, and 19th. On
the 15th, the first day of the examination, I called
in Russell-court. I saw Mortimer. He asked me
how the examination was going on, and I said
I thought I had written a good paper that morning. I
asked i£ he had any idea when I should be gazetted, and he
said, " Oh, I should think in about two months after you
have passed." I was gazetted on the 24th of September as
ensign, 13th Light Infantry, Ist battalion. I afterwards
came to London and remained sometime with Mr. Fother-
gill, the military tutor. I afterwards called at Russell-
court. I there saw three gentlemen—Mortimer was one—
a pers an of the name of Eicke, and another Steinbach.
With respect to Eicke, Mortimer introduced me to
him; he said, "Here is Mr. Armstrong." When
Eicke was introduced he said, " I see you've been gazetted
to the Yi3th." I did not remain longer than a minute. I
employed Mr. Marshall to prepare my outfit. I called a
number of times about the end of October. I heard some-
thing about Mr, Pugh writing to the Duke of Cambridge.
I aske• I. Marshall why Pugh had threatened to lay the
business before the Commander-in-Chief, and explaining
the whale affair. He said Armstrong and Co. had had
their share (1200), and that they had handed Pugh's and
his share over to him (Marshall) ; but Pugh owed
him some'- money, and that he bad stopped what
he owes 13 him out of it. Down to that time I knew nothing
about ay irregularity. I Iniew there must be a screw loose
by Pugh threatening to lay the whole business before the
Comma bcler-in- Chief.
By D tr. Metcalfe—l previously wrote to the Horse Guards
for an ; tppointment, but I had received a letter stating that
Lwas oTer age. I had asked Mr. Bridson to procure a
commission previous to that.. out Christmas), and he pro-
mised t ;
D4O KIX.
00,.! ): : army tailors procure COM-
mission's or ':when I first came to Lon-
don. I never saw Stirnb 'I after I had been gazetted
By Mr. Ribton—l don't know that Mortimer had ever
been in the army. I know there are offices in existence not
recognisoed by the Horse Guards, which effect exchanges in
the arm-y.
By Mr. Henr3i .gazetted without purchase. I
never asked how ge • ; after £4OO had been paid.
Mr. Bodkin—W = • was told you by Marshall
himself I'
Witness—Yes.
Mr. Gregory, from White & Co., bankers, Haymarket,
said—Tle account of Armstrong and Co. was kept in the
name of Henry Eicke, as of No. 8, Ponsonby-street, Bel-
gravia. The account was opened on the 23d May, 1857.
There was a deposit of £4OO on the 3d July by Mr. Bryd-
son to bo paid over on Mr. Conningham's name appearing
in the Gazette to an ensigncy. The £4OO was trans-
ferred t o Eicke's account on the 27th September, and
on the same day a cheque of Eicke's was paid to Mar-
shall foi: £2OO, and one to Captain Mortimer for £5O.
I wish it; to be clearly understood that our firm have nothing
whatever to do with the defendants, beyond receiving de-
posits of money in the ordinary way as bankers.
The c ashier at Messrs. White's said, the cheque drawn
in favour of Marshall was paid on 23d September in two
£lOO notes.
Mr. Itibton contended that the account of Eicke was a
private one, and in no way connected with Armstrong
and Co.
Mr Gregory said when Eicke opened his account in 1857,
he said Ise was trading under the name of Armstrong and
Co., but the cheques would be signed by himself.
Mr. R ibton—As no one else could draw upon that ac-
count, I therefore contend that Mr. Mortimer is in no
way connected with it.
Mr. Jciseph Eaton, cashier to Messrs. Hopkinson, said—
I cashed a cheque for £5, drawn by Marshall in November
last, to a person named Pugh.
Mr. B odkin—l shall not proceed further with the case
to-day.
Mr. Matcalfe—l wish it to be distinctly understood that
my client., Mr. Marshall, is prepared to show that the only
interest bssi had in the transaction was the hope of getting
the outfit. of Mr. Conningham.
Mr. Henry—At the proper time you will have ample op-
portunity- of making any statement you may think proper.
Mr. M etcalfe—l wish to make a statement—
Mr. 33( Kikin—l have no objection to the public knowing
that Mr. Marshall denies the charge.
Mr. M Acalf—l wish the public to withhold their judg-
ment as t he case has been opened with a gloss.
Mr. Ri bton—Everything Mr. Bodkin does is done with
a gloss.
Mr. 13codkin—I am quite indifferent to what you may say.
The further hearing of the case was then adjourned till
Monday next at eleven o'clock.