The Sun.
London, England, 1861-03-15 00:00:00

THE SUN, LONDON, FRIDAY EVENING, MARC I. 15, 1861.

THE COMMERCIAL BANK FRAUDS.

The examination of John Durden and James Holcroft
on the charge of having defrauded the late Commercial
Bank of nearly £70,000 was resumed yesterday afternoon
before Mr. Henry, at Bow-street police-court.
Mr. Humphreys, jun., still appeared as solicitor for the
prosecution, and the same counsel as before were retained
for the defence—Mr. Metcalfe for Durden, and Mr. Sleigh
for Holcroft.
Mr. Humphreys reverted to the fact stated at the last
examination that in September the prisoner Holcroft was
bankrupt, and thtit he compounded with his creditors for
4s. in the pound. He (Mr. Humphreys) believed he should
now be able to show where that money had come from.
It appeared that three cheques had been drawn on Hol-
crott's account in October last—one on the 18th October
for £lB5, one on the 19th for £l5O, and one on the 23d for
£l6O, besides one other of which evidence would be given
on a future occasion. The particulars of the notes with
which these payments were made had been taken, and it
would be found that the creditors pf Holcroft had been
paid with those notes. Similar evidence would be given as
to the settlement of an action which had been brought
against the prisoner Holcroft on a bill of exchange. It
would also be shown that when he was bankrupt he pro-
posed to his accountant, Mr. Watson, to omit from the
list of creditors the name of Durden, to whom he was
largely indebted, and who, he said, would see him out of
his difficulties. Mr. Watson urged him to give the name
of every creditor, and finding that he was determined to do
otherwise refused to go on with the case, after which
Holcroft employed Messrs. Paul and Turner as his accoun-
tants, and bald nothing to them about Durden being a
creditor. _ _ .

Mr. William Henry Pike, a clerk in the Life Assurance
Treasury and Deposit and Assurance Bank, 5, Cannon-
street, West, deposed—l know the prisoner Durden by
sight. He kept an account at that bank. On the 20th
October I cashed a cheque for that account of
£3OO. It was drawn by the prisoner Durden. When
I cashed that cheque I took the numbers, dates
and amounts of the notes with which I paid it.
There were five £5O notes, ranging from 59,952 to 59,956 in-
clusive, all dated the 20th of June, 1860. There was a £2O
note. No. 09,804, dated 21st of September, 1860; another
£2O note, No. 75,419, dated 21st of April, 1860 ; a £lO note,
No. 92,261, dated 24th of July, 1860. To the best of my
belief I paid those notes to Mr. David Alla,n Ramsay. I
entered the payment in the deposit ledger now produced
against Durden's account, and to word " self," meaning
that the note was payable to himself. The entry is " 20th
October. Self, £300."
Cross-examined—This is the bank of which Mr. George
Henry Law is manager. I should say that Durden has
had an account for four or five years. I have been there
since the establishment of the bank, about March, 1856.
Burden has had an account nearly all the time. I know
Mr. Ramsay. I have no entry to show that the money was
paid to him. I speak from memory.

Re-examined--The pass-book now handed to me is that
of the prisoner Durden. I find the sum of £3OO entered
there as having been paid on the 20th October.
Mr. Humphreys—That pass-book was found on him.
Witness continued—Though called a deposit-bank there
are current accounts fur which we allow interest on the
minimum monthly balance. There is no other cheque
drawn for so large a sum as £3OO, as far as this book goes
back. That is not a reason why I should remember that I
paid it to Mr. Ramsay. The reason is rather that lam not
usually at the counter. _ _

Mr. Thomas Dyson, cashier at the Commercial Bank,
recalled—l produce the paying-book of the Commercial
Bank for current accounts. On referring to that book I
find that on the 18th of October last I cashed a cheque
drawn by Holcroft upon his account for £lB5. I paid it
with a XlOO note, No. 31,318, dated 19th May, 1860; a
£5O note, No. 62,126, dated 20th June, 1860; a £2O note,
No. 530, dated 21st September, 1860 ; a V.O note, No.
31,945, dated 22d August, 1860; and a £5 note, No.
16,794, dated 11th May, 1860. On the 19th of October I
cashed a cheque, also drawn by Holcroft upon his account,
for £l5O, which was paid with a £lOO note, No. 25,482, dated
May 19, 1860; and a £5O note, No. 57,836, dated June 20,
1860. On the 23d of October I cashed a cheque, also drawn
by Holcroft on his account, for £l6O. I paid it by a £lOO
note, No. 37,625, dated May 19, 1860 ; and a £5O note, No.
50,579, dated 20th June, 1860. Ido not remember to whom
those cheques were paid, but, on referring to Holcroft's
pass-book, I find these three cheques debited as being all
payable to " self."
Cross-examined by Mr. Sleigh—This book contains en-
tries of all payments made by me. The second cashier has
a similar book.

Mr. Richard Adey Bailey-1 am a clerk in the Bank of
England. I produce five £5O notes, numbered 59,952 to
59,956 inclusive, all dated 20th June, 1860. Also a £2O note,
No. 09,804, dated 21st September, 1860 ; a £29 note, No.
75,419, dated 21st April, 1860; a £lO note, No. 92,261,
dated 24th July, 1860 ; a £lOO note, No. 34,318, dated 19th
May, 1860; a £5O note, No. 62,126, dated 20th June, 1860;
a £2O note, No. 530, dated 21st September, 1860 ; a £lO
note, No. 31,945, dated 22nd August, 1860 ; and a £5 note,
No. 16,794, dated 11th May, 1860, and issued at Liverpool.
That is the only Bank of England note of that number
issued on that day. I also produce a £lOO note. No. 25,482,
dated 19th May, 1860 ; a £5O note, No. 57,836, dated 20th
June, 1860; a £lOO note, No. 37,625, dated 19th May,
1860; and a £5O note, No. 50,579, dated 20th June, 1860.
Mr. Cyril Mortimer Murray Rawlins, of 13, Finsbury-
square, deposed—l am a solicitor, and clerk to Messrs.
Clarke and Maurice, of Coleman-street, City, who are
solicitors to the London Joint-Stock Bank. They brought
an action on behalf of that bank against James Holcroft, of
Hatton-garden. I produce the writ, which is dated Sep-
tember 12, 1860. It is a claim on a bill of exchange for
£152 2s. 3d., drawn by J. Bonham, and accepted by James
Holcroft and Co., payable at the Commercial Bank, Covent-
garden. The writ was served on September 26, and the
action was settled on October 23 by Mr. David Allan Ram-
say, on behalf of the prisoner. I do not know who
Mr. Ramsay is. It was paid in cash and notes,
not by check. I handed the money over to Mr. Hills, the
cashier, who entered it.
Cross-examined—l handed it over at once.

Mr. James Hills, cashier to Messrs. Clarke and Maurice

—On the 23d of October I received the money in question
from Mr. Rawlins. It is entered in my handwriting in the
rough cash-book as " cash of Mr. Ramsay," and the initials
" L. J. S. B." are attached to it to show that it was paid to
the account of the London Joint-stock Bank, our clients.
On looking at the two notes produced I find they are en-
dorsed in my handwriting. There is an error in that
endorsement, " 11" being put for the month instead of
" 10." It was the first day of my return to business after
a vacation. From that entry i know that I received them
on the day in question, and there is no payment on that day
of which they could have formed part except the payment
I have mentioned. [These were two of the notes mentioned
by Mr. Pike and produced by Mr. Bailey.] I paid those
not es into the London Joint-stock Bank the same day, with
other moneys.
Mr. Thomas Watson—l am an accountant at Moorgate-
street-chambers. I know the prisoner Holcroft. I also
know Durden by sight, having seen him once before. On
the 30th of Augusta saw Holcroft at his house in Hatton-
garden.

Mr. Sleigh—Your profession is that of an accountant;
and in that capacity you give your professional advice and
assistance ?
Witness—Yes.

Mr. Henry—There is no privilege. There is no case of
the kind. I considered the point from Mr. Humphrey's
opening, as I thought you would take the objection.

Mr. Sleigh would not argue the question there, though
he had thought it his duty to raise the point.
Witness continued—The prisoner on that occasion con-
sulted me about his accounts. I saw him again on the Ist of
September, and made an appointment to call on the follow-
ing Monday to adjust his books. On the following Monday

I went through his books. I did not find any name of
Durden in his books. On the 4th inst. I called upon him,
and he put it off because he was engaged with Mr. Durden
and Mr. Ramsay. I knew Mr. Ramsay, but that was the
only time I nad ever seen Mr. Durden until I saw him in
custody here. On the 13th I prepared, or began to pre-
pare, a list of creditors, in which was the name of Mr.
Darden. I made that list from Holcroft's books, and from
information which he had given me. He mentioned bur-
den's name, but I cannot say whether it was on that day or
not. He told me that Mr. Durden was a heavy creditor,
but did not wish to be put down, and he (Holcroft) did not
wish him to appear on the list, as it might injure his posi-
tion with the bank. I understood him to mean Dur Jen's
position. He also said that he depended on Durden for
funds to pay his composition. I did not know to what
bank he alluded. I did not know that Burden was a clerk
at the Commercial Bank. I prepared the list on the 22d of
September and filed it on the 24th. I told him decidedly

to put every creditor down, and I very much wanted him

to do so. He did not mention any amount as being due to
burden. I did not continue to act for fiim. I wrote and

declined to ac",, for him any more.
Cross-examined.—He said Mr. Durden had been very
kind to'him and had assisted him. I do not remember his
saying that Mr. Durden would not press his claims.
Mr. John Paul, of the firm of Paul and Turner, of Col-
man-street, accountants.—l know the prisoner Holcroft.
lie was introduced to us by Mr. Ramsay to enter into an
arrangement with his creditors. That was on the 22d of
September. I went over his books. There was no name
of John Durden as a creditor in his books. He never men-
tioned the name of Durden to me as a creditor. I could
not trace in the books the names of some of the bill-holders.
In going through his liabilities it was necessary to trace the
bill-holders, and on referring to him for the names of those

which I had been unable to trace, I was told by Holcroft
they were in the hands of a friend of his who had kindly
assisted him, and who held a public appointment and did
not wish his name to appear in any way in connexion
with the affair. I produce a preliminary statement of
his affairs which was prepared by me. It contains the
liabilities on one side and the assets on the other. I have
entered in it against certain bills mentioned their " holders
not known." Those are the bills he had not given me names

for. I saw the creditors and obtained their consent to a
composition, and I afterwards went with Mr. Crowther and
paid it.

Mr. Frederick Edward Crowther, clerk to Messrs. Law-
rance and Plews, Old Jewry Chambers, solicitors—l know
defendant Holcroft. I acted for him as solicitor in bank-
ruptcy. I never saw Dnrden, with respect to Holcroft's
affairs. I never saw him till I came into court. On the
20th of October last I received £720 from Mr. David Allan
Ramsay, and I disposed of that money by settling with the
creditors. The notes produced I have no doubt are three
of the notes paid to me by Mr. Ramsay. There are endorsed
in my handwriting on the 23d. I paid to the clerk of Mr.
Canaan, the official assignee, upwards of £2C—the sum was
£6B, to the estate of Smith and Patient, who were bank-
rupts. It was to Mr. Hayward that I paid that money.
That was on the 26th 'of October. There was a cheque for
£l3O in the £720 whi3h I received from Mr. Ramsay.
Mr. Charles Hayward—l am clerk to Mr. Canaan, o
Basinghall-street, official assignees. On the 26th of October
I received from Mr. Crowther a sum of money as composi-

tion for a debt duo tc the estate of Smith and Patient, who
were bankrupts. Among that money was a £5O note, No.
59,954, dated the 20th June, 1860. I paid it the same day
into Robarts's bank.

Mr. Humphreys said that was all the evidence he should
offer on the present occasion, and he must now ask for a
further remand.

The application not being opposed, the prisoners were
again remanded.
Mr. Humphreys requested that it might be stated, in
fairness to Mr. Gardner, who was one of the witnesses at
the last examination, that though he had failed in conse-
quence of the failure of Holcroft, who was his agent, h•
had paid 15s in the pound, whereas he had only received
4s. in the pound on Holcroft's debt to him.

SPORTING INTELLIG.ENCE.

SHREWSBURY RACES—TITURSDAY.
The County Members' Plate of 50 sovs, for 2-yr-olds ;
colts, Bst 101 b; fillies, Bst 71b; winners 51b extra. Half a
mile.

Lord Stamford's Ballerino (late South Devon), Bst 10lb
e 1
Mr. Sadd's Commander, Bst 101 b..
Mr. Richardson's Pinkepoe, Bst 81b (Kennedy) 3
Calares and Teesdale also ran.

Betting-6 to 4on Ballerina 3to 1 agst Commander'

The favourite obtained a decided lead on the failing of
the flag, which be held to the end, and won in a canter by
two lengths; Pinkepoe was a bad third, (Wares fourth,
and Teesdale last.

The Cleveland Handicap of 10 sovs each ; 5 ft, with 100
added. Winners extra; the second to save his stake.
About one mile and three-quarters. (19 subs.)

Lord Uxbridge's Prince Imperial, 3 yrs,6st 91b(F.French) 1
Mr. W. Nelson's Volition, 3 yrs, Est 91b.... (Maidment) 2
Mr. Ivey's Rosedale, 3 yrs, Est 121 b (Parsons) 3
Mr. Whittaker's Desmond, 4 yrs, Bst 121 b ..(Challoner) 4
Betting-6 to 4 agst Prince Imperial, sto 2 agst Des-
mond, 3 to 1 agst Rosedale. Desmond made play, followed
by the favourite, Rosedale, and Volition, to the Stand,
where Mr. M'lvey's filly went to the front, and carried on
the running round the top turn, when she ran out, leaving
Despnond once more in the possession of the lead, which he
held to the distance, when he was beaten. On his retire-
ment, Rosedale, who had recovered her lost ground, in
company with Volition and Prince Imperial, ran in close
company to the entrance of the Stand Enclosure, where the
favourite came out, and won an excellent race by a head, a
neck only separating the second and third, Desmond a bad
fourth.

The Corporation Plate Handicap of 5 sous each, with a
plate value £3O added. Winners extra, The second to

save his stake. Abcut five furlongs.
Mr. G. Angel's Tyrant, by The Nob, 4 yrs, Bst 31b (in-
cluding 71b extra) (Perry) 1
Mr Bruce's Lord of the Manor, 5 yrs, Bst 101b(Grieashaw) 2
Mr. Hare's Plutus, 3 yrs, sst 101 b (Wheatley) 3
Mr. Coverdale's Griffin, 5 yrs, 7st 31b .... (E. Harrison) 0
Betting-6 to 4 agst Griffin, sto 2 each agst Tyrant and
Lord of. the Manor. Tyrant, lying near the rails, came away
with a slight lead, Lord of the Manor second, with Plutus
and Griffin in close attendance. At the turn into the
straight Lord of the Manor obtained a slight advantage,
which he held to the half-distance, where he was joined by
Tyrant and Plutus, between which three a close and pro-
longed struggle home ensued, Tyrant just winning, by
running the longest, by a neck, a like distance separating
the second and third. The favourite, who cut up badly,
finished a bad fourth.

The Queen's Plate of 100 guineas ; for 3-yr-olds, 7st 71b
four, 9st 71b • five lOst 21b; six and aged, lOst 51b.

- -
Three miles.
Mr. IVhittaker's Black Diamond, by Knight of Avenel,
3 yrs, 7st 71b (Grimshaw) 1
Capt. Little's Master Bagot, aged, lOst 51b (J. Charlton) 2
Mr. T. Parr's Avalanche, 4 yrs, 9st 71b ,(Custance) 3

The following also ran :—Frederick, Chanoine, Aneurin,
Defender, and Caliban.
Betting—Even on Black Diamond, 4 to 1 each agst Ava-
lanche and Master Bagot. Caliban, in company with
Frederick, Chanoine, and Defender, went in front, waited on
by Aneurin, Black Diamond, and Avalanche, Master Bagot
lying some lengths in their rear. These positions were re-
tained with little alteration to the top turn, the second time
round, where Master Bagot, who had quitted his rearward
position, rushed by his horses, and took a commanding
lead, which he held along the far side. On passing the
hovel, Black Diamond, followed by Avalanche and Frede-
rick, drew forward, nothing else having a chance. At the
distance the favourite went up to Master Bagot, and raced
with him to the stand, when he quitted him without an
effort, and won cleverly by a length and a half; Avalanche
was a bad third, Frederick fourth ; the others did not pass
the post.

The Handicap Hurdle Race of 7 soya each, 5 ft, with 40
added. Winners extra; the second to save his stake.
About two miles and a quarter, over eight flights of

hurdles. 13 subs.
Mr. F. Jacob's Waterford, 4 yrs, 9st 21b . • (G. Stevens) 1
Mr. Byrn's Topsy, aged, 9st 13Ib (in. 71b extra (Kendall) 2
Mr. Naylor's Morgan Rattler, aged, 9st 81b (Smethurst) 3
Mr. Owen's Irish Emigrant, 5 yrs, lOst 51b .. (Thorpe) 4
- -

Betting-6 to 4on Waterford, sto 2 agst Topsy. Topsy
made the running for the first mile, when the favourite
went up, took a decided lead, and won in a canter by
three lengths; three parts of a length between second and
third ; :a bad fourth.

A Handicap Plate of 30 soya for 3-yr olds and upwards.
One mile.

Mr. Byrn's Yafa filly, 3 yrs, sst 121 b .. (E. Taylor) 1
Mr. W. Barnett's Zingari, 4 yrs, 7st 111 b (Grimshaw) 2
Mr. Byrn's Philomela, 4 yrs, 7st 41b (Challoner) 3
Mr. T. Stevens's Joy, 3 yrs, Est 21b (Pearson) 0
Betting—Even on Zingari, 5 to 2 agst Joy, 7 to 2 agst
Yafa filly. The favourite and Yafa filly started in front,
side by side, in which order they ran to the entrance of the
stand enclosure, where the latter got her head in front. and
won by half a length, Zingari defeating Philomela by three
parts of a length for second. Mr Stevens's filly shortly
after starting fell amiss, and was stopped.