The Sun.
London, England, 1857-03-05 00:00:00

CRIMINK

(This Day.)

Before Mr. Chief Baron Pollock and Mr. Baron Bram-

well )
THE GRE ‘.T CITY FORGERIES.
James Townshend Saward, (dim The Barrister, alias
Jim the Penman, and James Anderson were this morn-
ing placed at the bar charged with various forgeries to a
large amount on the City banks. The prisoners were
arraigned before Mr. Commissioner Prendergast and
pleaded not guilty.
Sir F. Thesiger, Mr. Bodkin, and Mr. Sleigh prose-
cuted ; the prisoners were undefended. The briefs had
b yen prepared and were ready for delivery to counsel,
but the prisoners were unable to provide the necessary
fees, and consequently they were unrepresented. Saward,
before pleading, mentioned the circumstance, and a-ked
that counsel might be assigned, because he would then
be able to prove his innocence. He was informed by
the Clerk of Arraigns that under any circumstances he
must plead to the indictments. He accordingly pleaded
not guilty.
On the Chief Baron and Mr. Baron Bramwell taking
I their seats on the bench,
Saward addressed their lordships, and said that up to
four o'clock last night he understood that be was to be
represented by counsel. He then found that that was
not to be the case, and as the briefs were ready, be asked
their lordships to assign him counsel, and adj nun the
court for a quarter of an hour, which would be sufficient
time for counsel to comprehend the case. If his appli-
cation were refused be must leave his case in the hands
of the court.
The Chief Baron—How long have you known that you
were to be tried this morning. The arrangement for
your trial to-day was made by me in the course of last
week.

Saward—Four days, my lord. I think it Wa3 on
Monday.
The Chief Baron— I have no power to assign counsel
in this case. •

Saward—Then I must leave myself entirely in the
hands of the court. _

The Chief Baron—With the exception of treason and in
one other case I have no power to assign oeueeet. I have
no control over the bar, but I know that it occasionally
happens on circuit that learned counsel, at the request of
the judges, watch cases for undefended prisoners. I
can't, however, do that in this case.
Saward—lf I could be assisted with counsel I hope I
should be able to establish my innocence.
The Chief Baron—lf you have not the means of ob-
taining counsel through your friends, I have no power
to interfere with counsel.
Saward—l have no means of doing it.
The case then proceeded.
Sir F. Thesiger thea addressed the jury for the
prosecution, and in stating the charge said that he deeply
regretted that Seward should have been obliged to
address the court on the want of legal assistance,
because it might appear as if he bad been deprived of it-
The first intimation the prosecutor had had on the pint
was Saward's application to the court that morning,
they having given him notice on Saturday that to-day
had been fixed for his trial.
Saward—Yes, Sir Frederick. It was Saturday.
Sir F. Thesiger continued—What it was that pre-
vented Seward from obtaining legal assistance he (Sir
F. Thesiger) did not know ; but he had only one duty
to perform, and to commence the case with the disad-
vantage under which Seward was placed by his own act.
The charge against the prisoners was of a serious cha-
racter, involving the highest punishment known to the
law, except capital punishment, and therefore he
need not ask them to give the case their careful
and patient attention. The prisoner Seward, he
regretted to say, was a barri'ter, having been
called to the bar in 1840 by the society of the
Inner Temple, to which he (Sir F. Thesiger) had the
honour to belong, and he need not say that, under these
circumstances, how gratifying it would be to him to feel
the assurance that there was no foundation for the seri-
ous charge against him. The prisoner Anderson was,
he believed, formerly a gentleman's servant, and after-
wards waiter at different hotels. The charge agaiTest the
prisoners would be mainly supported by the evidence of
two persons named Attwell and Hardwicke, who were
accomplices with the prisoners in the offence with
which they were charged, and who were now under
sentence of transportation upon convictions that had
taken place against them. Of course they would per-
fectly understand that it was absolutely necessary that
their evidence should be confirmed to the satisfaction of
the jury by the testimony of witnesses who were un
tainted with crime. Attwell was introduced to Saward
in 1855. He had previously been convicted of a felony
and sentenced to nine months' imprisonment. Hardwick°
first became acquainted with Saward about twenty or
thirty years ago. He was some years since con-
victed of an offence and sentenced to transpor-
tation. He was sent to Hobart Town, and there ob-
tained his ticket and established himself in business,
which proved extremely prosperous. He made several
voyages to England and back in the way of business,
and ultimately arrived in this country
in May last, and
very soon afterwards renewed his acquaintance and
intimacy with Seward. It would appear that fromthe
time when Attwell and Seward became acquainted, and
Hardwicke's return from Australia, the prisoners at the
bar—Attwell, Hardwick°, and some others_asso-
ciated themselves together for the purpose of
committing forgeries on the city and metropolitan
bankers, and the system that they pursued was
highly ingenious, and would be detailed in the course of
the evidence he should call before them. It would ap-
pear that the prisoners procured the cheques of different
individuals, and blank cheques on their bankers, and
then Seward, having an unhappy facility of imitating
handwriting, forged the cheques in the names of the
parties from whom the cheques had been obtained.
Andersen was in the habit of taking lodgings in a
feigned name, and there answered advertisements
in the newspapers, of persons in want of employment.
They were desired to call on Anderson, and when
there, they were used as instruments to pass off
the forged cheques. They
wore first employed on
some indifferent errand and watched by Attwell and
Hardwicke to become well acquainted with the pri-
soners, and when they were sent to the banking houses
with the cheques they followed them on omnibuses and
- on font, placing themselves near the banking houses and
( within sight to see what passed, and if the person presenting
the cheque was detained, they hurried off to their con-
I federates at a place previously arranged for meeting,
where they gave warning, and they all immediately sepa-
rated. If the cheques were paid then Anderson usually
met the person who had the money either in the street
or at a public-house, and there received the money
nnaking as an excuse that he
characters, and, if satisfactory,
andwou
igdo
itn
ud
roef tahbeo
uptatrht ieei sr ,
send for them. The parties concerned in these acts
then assembled at a public-house, when the money was
produced, and Seward generally divided the money ac-
cording to each man's share in the transaction. The
learned gentleman then minutely detailed the circum-
stances of the transactions on which the charges against
the prisoners were founded, and which were fully re-
ported in The Sun in December and January last, when
the prisoners were under examination at the Mansion-
house. In referring to that part where Seward was appre-
hended by Moss and Huggett, two detective officerA, Sir
F. Thesiger repeated the conversation between Seward
and Moss in the cab, when Saward said., " It is no use
denying it ; I'm Jim Seward."
Saward—l said' no euoh thing.
Sir F. Thesiger—lt would be better tot to interrupt
my statement, but wait till I call the evidence and then
contradict it.
Saward—l contradicted it most emphatically at the
Mansion-house.
Sir F. Thesiger—l know you did.
The Chief Baron (to the prisoner)—You must be well
aware that it is irregular to interrupt a narrative. It
true it must be supported in evidence.
Saward—Yes ; but all evidence is not true.
The Chief Baron—All evidence may not be true, but
we must hear it to know if it be true or false. You bad
better hear the narrative, and watch the evidence and see
if it is true.
Sir F. Thesiger then continued his narrative of the
facts, and in conclusion said that it was not to he ex-
pected on an occasion of this kind that the accomplices
should be confirmed in every statement, for probably in
most cases it would be impossible to be done, but they
must be confirmed in such facts as would lead any
reasonable man to the conclusion that the substan-
tial part of their story which perhaps might not
be corroborated by other evidence was true. With
regard to the connection between the parties, he
need not do more after the denial referred to by
Saward than refer to the strong circumstance of the
letters which were written by himon occasion of Attwell
and Hardwicke's transactions at Yarmouth, which led
to their apprehension, and, subsequently, to that of the
prisoners, to show that he associated with those persons, a
knowledge of whom he utterly denied, He would not
press any particular part of the evidence against the pri-
soners on the jury's consideration, under the circumstances
in which they were placed from having no legal assist-
ance. They, however, were the judges of the prisoners'
guilt or innocence on this charge—of great importance
to them ; but he should not have done his duty if he bad
not laid before them the facts, which he believed he
should be able satisfactorily to prove.
The learned counsel then called evidence.
The first witness was Henry Attwell, wlio inflow under
sentence of transportation for life. He was dressed in a
convict's dress, and looked remarkably well in health.
The facts to which he deposed are now so well known
to the public that their repetition after the statement of
Sir F. Thesiger is unnecessary. In his cross-examination
by the prisoners nothing occurred to shake the main
facts deposed to by him.