The Sun.
London, England, 1857-02-05 00:00:00

SHARE MARKETS.—(This DAT)

LINES LEASED AT FIXED RENTALS.

CRIMINAL COURT—(This Day )

r.Paid

Leasing
Compans

Closing Prices
this day.

Business
1 this day

R.A t I,W y

OLD COURT.
(13,fore 'Air. Justice Wightman.)
THE CITY OF LONDON UNION FRAUDS.

Cloiing Prices
this day.

Busine s done
this day.

4 ...

135 6

j John Paul, 60 years of age, and stated in the Calen-
dar to be of good education, was placed at the bar this
morning to plead to a number of indictments, charging
him with fraud and forgery whilst engaged as assistant
c;erk to the City of London Union.
The prisoner pleaded not guilty to each of them.
The first case proceeded with was that charging
him with stealing an order for payment for 3281. 154.,
the property of the Guardians of the Poor of the City
of London Union.
Mr. Bodkin and Mr. M'lntyre appeared for the
prosecution ; Mr. Sergeant Ballantine and Mr. Orridge
defended the prisoner.
It appeared from the evidence of Mr. Heath, one cf
the guardians, that the cheque in question was given to
the prisoner to pay to Messrs. Kingsford and Co., can-
tractors for flour to the board, who bad a large account
against them. The cheque was drawn on Smith, Payne,
and Co., the Union bankers.
IMr. Eldred, late a clerk to the Union, drew the
cheque, and said that it was known to himself and the
board that the prisoner was in the habit of paying the
Union cheques to his own bank, and repaying the
amounts by cheque on his owe bankers. The cheques
of the Union were generally drawn by witness, as well
as those on the prisoner's bankers. The practice was to
make out a list of accounts varying from 21. and 31. to
101., and have a cheque drawn for the aggregate amount,
which averaged about 1201, The cheques for these ag-
gregate accounts did not amount to several 1,0001. in
the year. In 1850 printed instructions were issued for
the direction of the officers, and he believed they had
been acted on ever since.
Mr. Heath recalled, said that the cheque should have
been paid over to Messrs. Kingsford and Ca. It was
drawn on the 2d September, 1856, and he found it in the
prisoner's private drawer cancelled on 17th December.
The cancelled cheques were in the custody of the pri-
toner. The prisoner had no authority to pay the cheque
into his bankers. If it had been known by the members
of the board that he paid the cheques into his banker's
he would have been suspended whilst an inquiry was
instituted ; and Eldred, the o+ her witness, was discharged
in consequence of his not making the board acquainted ,
with the prisoner's practice in that respect,,
Evidence was then given to show that the cheque was
paid into the prisoner's banker's, the London Bank, and
its being cashed by Suit!), Payne, and Co. to the for-
mer. It should have been paid to Messrs. Kingsford
and Co.'s bankers.
Mr. Rowsell, clerk to the Union, deposed that when
an inquiry was made in reference to the cheque the
prisoner said he had used the money for his private pur-
poses.

8a 9

65

93 95
62i 63. E
35i 36;

In cross-examination the witness said it was part of
his duties to keep check and examine the state of the
accounts ; but he did not do it personally, because it was
impossible. He believed the accounts wore checked and
examined by the auditors.
By Mr, Ballantine—And you are required to read all
acts of Parliament relating to the poor, and "under-
stand them ?" (Laughter.)
Mr. Justice Wightinan (with surprise)—ls that in the
instructions ?
Mr. Sergeant Ballantine—No ; there is nothing so
raons:rous in them. The latter is an addition of mine.
Mr. Justice Wightman—l was rather surprised to hear
you state it, and I was at first under the impression it
was contained in the instructions.
The Cashier of Messrs. Kingsford and Co. was called,
and proved that they never received the cheque.
This was the case for the prosecution.
Mr. Sergeant Bsllentine, in addressirg the jury for
the prisoner, said that this case had been brought before
them on public grounds, and added that it was not un-
frequently the case that gentlemen holding public offices
discovered the great importance of their public duties
when the public were not likely to be benefitted by them.
If these gentlemen whose public duties were now strongly
impressed on them, had attended more to their public
duties, in all probability the rate-payers would not have
suffered to any amount whatever. The learned sergeant
complained of the witnesses that had been called for the
prosecution, unacquainted with the practice of the board,
instead of calling those who must be well aware of his
duties, his appointment and instructions and his prac-
tice of paying Union cheques into his own bankers, and
afterwards repay the accounts by cheques drawn by him,
they had called only Mr. Heath, who had only been a
guardian about twelve months. The questions for the
consideration of the jury were first, the position, duties,
and habit of performing them by the prisoner; and
secondly, whether or no, when he paid the cheque into
bia own banker's, he intended to steal it, for if not there
cou!d be no case of theft. If he paid it into his banker's
to repay Messrs. Kingsford and Co. when they called,
but in the meantime overdrew his account, and then
used the money, it was not a theft, but a gross
violation of duty, however much they might
condemn such conduct. It was but one of a
vast number of transactions carried on in an irregular
manner without system,—without check, control, or
inquiry, and showing an entire disregard of the public
service, in the cause of which the prisoner had fallen
into irregularities and had been tempted into dishonesty.
He urged on them that tbi3 was hut an act of the course
pur6ued with the knowledge of the guardians, and that
consequently it was their duty to acquit the prisoner.
The learned judge, in summing up, remarked that the
evidence showed that the board of guardians had no
knowledge of the practice adopted by the prisoner of
paying cheques into his own bank and repaying the
amount by cheques of his own, and thSt if they had
known it they would have suspended him. It was a
question for the jury whether or no, from the evidence,
they were satisfied that at the time the prisoner intended
to convert the cheque to his own use.
The jury retired to consider their verdict, and after an
absence of 50 minutes returned into court with a verdict
of Guilty against the prisoner.
No evidence was offered on the other indictments.
His Lordship, in
passing sentence on the prisoner,
said it must have struck every person who had heard the
case, as being one of those cases which excited not merely
regret but surprise. They
found a man apparently himself
respectable—in a very respectable situati in, with a salary
and advantages that placed him not only in a position
much above want, but in a state of comparative ease and
comfort. It was, as he had stated, with mingled feelings
of regret and surprise they heard of such persons being
guilty of such a crime as this of which he had been con-
victed, and which there was every reason to believe had
been prac. iced by him to a great extent. The ex tent of the
transactions of such an establishment as the City of Lon-
don Union must natura'ly lay it open to the depreda-
tions of dishenest servants, and there was a system laid
down for theguidance of the servants which
in the way
which if barely acted
up to by them must throw great diffi
of the committal of such frauds. It appeared however that
they had not been attended to as they ought to have
been, but that there had been great failure in the strict
examination and checking of accounts, and the result
had been the commission of fraud to a most extra-
ordinary extent. - They had heard of late of most
extensive frauds practised under circumstances neatly
cf a similar kind, and where confidence had
been fearfu:ly abused. The prisoner's was a
case of great aggravation, and he (the learned judge)
felt it to be his duty to pass on him the highest sentence
allowed by law for such an offence, and he ordered him
to be transported for fourteen years.
The prisoner then bowed and retired.

THE SUN, LONDON, THURSDAY EVENING, FEBREJA t-t,'Y 5 1857

LITER,ATURE.

right, and Progeess of the India-nubber Mann.
Ictare in, England. By Thomas Hancock. Long-
man, Brown, Green, Longrnans, and Roberts.
The author of this work has long and deservedly
been recognised as the father of the above importan
branch of the arts. Though others have contri-
buted, to a certain extent, in promoting the appli-
cation of caoutchouc to useful purposes, to him
belongs the honour of having led the way, and
done more than any other individual, to render
this long intractable article subservient to the com-
fort, protection, and general service of the com-
munity. It is, therefore, with more than ordinary
interest wo follow him through this narrative of

his thirty years' experience in India-rubber manu-
facture. A personal narrative, it is true, in so much
as it relates to his own doings, but possessing the
further claim to be considered by no means a dis-
tant approximation to a history of what has been
done in this direction. This will partly appear
from the nature of the patents he possesses and
the periods at which he took them out. Thus so
far back as April 29, 1820, we find him obtaining a
patent for the application of India-rubber to articles
of dress ; in 1830, to articles of ornament ; in
1843, for vulcanising ; in 1347, for vulcanised
solutions. Ten other patents, including ropes am
cordage, expanding cushions, dough sheets, ob.
taming forms by moulds and printing, be 4-
further accorded Lim in the several intervals,
Perhaps the most interesting portion of the narra.
five is that which records his early experiments
and discoveries. Throughout, however, we can-
not but admire the intelligence, patience, and
perseverance so conspicuously manifested. In
this aspect the narrative affords a lesson the young
may learn with advantage. The work is illus-
trated, and contains a likeness of iho author.
Among the illustrations we have fac-similes
of the plants from which caoutchoue is obtained.
A good deal of information is given respecting
them, and the way in which they are made to yield
their invaluable juice. The question of future
supply does not escape Mr. Hancock's attention,
and be points to India as the quarter where the
caoutehonc bearing plants may be cultivated with
profit, and to an extent commensurate with any
conceivable demand. We trust his more than bin

will be taken by the Indian cultivator, ai;oi that
the production of so important an article of traffic
will not be allowed to fall into other hands. This
is the more to be desired since the use of India-
.

rubber is quite in its infancy, as the public would
soon find were its employment rendered less ex-
pensive by a constant and abundant supply.

Seven, Churches of Asia. By the Rev. Prober
Maguire, M.A. Knight and Son, Clerkenwel
Close.

A work which will be acceptable to a large sec-
tion of the Protestant community. The author,
who belongs to what is called " the Evangelical
party" in the Church of England, undertakes to
exemplify the fact that the seven churches of Asia
were designed to be " our ensamples," and that
the several Epistles addressed by the Spirit were
written "for our admonition." The lessons be
teaches are couched in earnest and kindly phrase-
ology, and are enforced by a variety and aptness of
illustration likely to render them of practical
utility.