The Sun.
London, England, 1844-01-22 00:00:00

Mr. CLARKSON said that he had now to lay before

the Court the circumstances of a case which would
show that his Lordship was fully justified in the
course which he hal pursued, in refusing to commit
the prisoners, or to admit them to bail. The result
of the inquiries which had been instituted for the
purposes of forwarding the ends of justice, had been
to enable the prosecutors to bring forward another
and a fourth charge against Barber and the unfortu-
nate woman at the bar, as principals, and against
Fletcher, as an accessary, both before and after the
fact, of having procured a person to personate the
sister of John Stuart, deceased, for the purpose of
feloniously obtaining certain sums standing in his
name in the Bank of England. It appeared that in
the year 1826, there was standing in the books of
the Bank of England a sum of 511. Long Annuities,
in the name of John Stuart. Nothing was heard of
Stuart until the year 1840, and in the year 1836 the
sum in question had been transferred to the Commis-
sioners for reducing the National Debt. Stuart, it
appeared, had died in 1827 at Great Marlow, in
Buckinghamshire, where he had lived for some years
before in the service of Mr. Strode, of that place, as
steward and gardener. Mr. Strode had defrayed the
funeral expenses of Stuart, and out of respect to him
had caused a tablet to he erected to his memory in
the parish church of Great Marlow. A grave-stone
had likewise been erected over his grave. Nothing
had been heard of any representatives of Stuart, or of
any property of his until the month of May, 1840, when
the prisoner Fletcher went down to Great Marlow,
to the house of a person named Hyatt, who kept an
inn there, and made inquiries of Hyatt as to the rela-
tives of Stuart. Hyatt, who had only recently come
to Marlow, took Fletcher to several old persons who
recollected Stuart, and who gave him information.
Fletcher, before he went away, told Hyatt that his
name was Jones, and that he had come down by order
of Government to make inquiries as to Stuart, and he
requested Hyatt, if he procured any additional in-
formation, to forward the same to him, addressed to
Mr. R. Jones, 24, Little Guildford-street, Russell-
square. About a month afterwards, Barber went to
Marlow to make inquiries about Stuart. He asked if
Mr. Jones had been there, and stated that they were
partners in the same concern. He stated himself to
be Clarence Packham, Esq., 52, Nelson-square ; and
told Hyatt if he came to town he should be glad
to see him to dinner. Hyatt came to town shortly
afterwards, and called at Nelson-square, where he
saw Barber, who, however, instead of asking him to
dinner, seemed most anxious
.to get rid of him. On
the 25th June, Hyatt received a letter from Fletcher,
signed in the name of Jones, and dated 24, Little
Guildford-street. (The letter was then read.) It
stated that the writer desired Hyatt should make
further inquiries on the subject of Stead, on the un-
derstanding that he should be paid for his trouble.
The writer stated, that he wished to ascertain where
Stuart had lived before he came to him (Strode), and
also what place in Scotland he had come from ; facts
which he stated could be ascertained from an old
fellow-servant of Stuart's. The letter then con-
cluded as follows :—" I have been able to ascertain
that twelve years since Stuart had a sister residing
in America, and if you will take an early opportunity
of making these inquiries, you will greatly oblige your
obedient servant, G. Jones." Please to direct to me, Mr.
G. Jones, Miss Hawkes, 24, Little Guildford-street,
Russell-square). This was the preparation for intro-
ducing the supposed sister on the scene. It would appear
that Miss Hawkes was a personal friend of the female
prisoner, who had applied to her to permit certain
letters which she expected on business in the month
of June, to be addressed to Little Guildford-street.
Mrs. Dorey, who was then Miss Richards, at that
time kept a stall in the Pantheon for the sale of
china, and resided with her mother in Rathbone-place.
In June 1840 the stall was given up and they left
Rathbone-place, and no account could be obtained as
to their place of residence until the month of November
following. In the month of July 1840, Fletcher
• took lodgings at 1, Southamptcn-terrace, Camberwell,
for an old lady named Elizabeth Stuart, and there was
every reason to believe that the supposed Elizabeth Stuart
was the mother of the female prisoner. Mrs. Percy
frequently visited the supposed Elizabeth Stuart, as
did Fletcher, his wife, and his daughter. She re-
mained there three months, during the whole of
which time she appeared to be labouring under great
anxiety and depression of spirits. In June 1840, a
woman between 40 and 50 years of age went to the
office of Mr. Pott, a proctor, carrying on business in
Godliman-street, Doctor's-commons. She was ac-
companied by some one else, and stated that she
wished to procure letters of administration to the per-
sonal estate of her brother, John Stuart, deceased.
He asked who had recommended her, and she said
Mr. Fletcher. Mr. Pott knew a gentleman named
Fletcher, but was unacquainted with the prisoner ;
and believing it to be that Mr. Fletcher he took the
transaction into his office. Finding that on account
of the length of time which had elapsed the registrar
was likely to oppose the granting of letters of ad-
' ministration, an affidavit was made by Elizabeth
Stuart and Thomas Griffin. The affidavit of Eliza
beth Stuart, of 4, Duke-street, Grosvenor-square,
he would read. Griffin he might state had
been apprehended, and would l•e produced. (The
affidavit was then read). It set forth that Elizabeth
Stuart had, in 1836, met her with John at the Bank
of England, when he informed her that he had in-
vested certain moneys in the stocks, but he did not
state what ; that at his disease Stuart had left a chest
in the care of the Vicar of Marlow, to whom applica-
tion had been made, and who stated that
he had never heard anything of any will ;
that at the last interview the deceased had told
her that he intended to sell his property, and go and
join her in America; that she had gone to America
expecting him to follow, but that she had never seen
or heard anything from him, although she ha,l written
frequently to him, and that on her return to England
in May, 1840, she had first received information of
her brother's decease from a friend of her aunt, a
gentleman named Jones, who had come over from
New York with her, and had gone down to Great
Marlow to make inquiries, when he learned that he
had died in 1827, and had left property to the amount
of 7001. The affidavit of Griffin corroborated the
account given by Elizabeth Stuart of the last inter-
view between her brother and herself. On the 28th
Aug., 1840, letters of administration were applied for
and the application was accompanied by affidavits of
the marriage of Robert and Janet Stuart at Callender,
in 1756, of the baptism of John, the son, of Robert
and Janet Stuart, born in 1761, and of Elizabeth
Stuart, the daughter of Robert and Jane Stuart. The
Court would observe the discrepancy between Jan( t
and Jane, which, as no suspicion was excited at the
Prerogative Office, did not attract attention. He
should observe that these documents had been en-
grossed in Pitt's office ; it is to be presumed
that they had been prepared by Barber, who
had gone to Marlow the month of June preceding,
These certificates had been prepared most adroitly.
Immediately after this Barber had gone to the Bank,
accompanied by a woman apparently about forty years
of age, who, therefore, could not possibly have been
the deceased, supposed, as she must have been, up-
wards of eighty. Mr. Barber was identified by a
gentleman named Hill, and the woman received 7001.
back dividends. The stock was then sold out by Mr.
Hill, who gave a cheque on Sir John Lubbock for
the amount, which cheque was immediately changed
into gold ; and so quickly had this been done, that
when Mr. Hill sent to have a small error cor-
rected, almost immediately afterwards, he dis-
covered that the cheque had been changed for gold.
That was the evidence as far he should produce it
to-day; but he had every reason to expect that on a
future occasion he should be able to show that
Stuart never had a sister, and that there was every
reason to believe, that Stuart was stating the truth,
when he:had said to many of the witnesses that he
had not a relative in the world except a brother; and
that he did not know whether he was living or dead.
He thought that these discoveries proved, that his
Lordship had exercised a judicious discretion in refus-
ing to grant the request of the prisoners' professional
advisers.

Mr. CHAMBERS doubted the competency of the
present mode of proceeding, He thought it was not
competent for any person or any public body to open
charges and not complete them. If such proceedings
were allowed, he thought it was high time that the
Legislature should interfere. Mr. Barber might be
ruined by these proceedings without any charge being
proveci against him. Jie asked the Lord 111a1or to

proceed with the first charge and complete it, in order
that he might ask eithi. 1.,r a coimnittal or discharge
of Mr. Barber.

Mr. CLARKSON would invite his friend to go to the
Court of Queen's Bench and ask the advice of that
Court if he thought the proceedings wrong.
Mr. CHAMBERS said that was the very reason he
asked fur a committal or discharge. He wished to
go to the Court of Queen's Bench. He thought the
Court ought to ask the prosecutor to go on with the
first charge.
The LORD MAYOR thought he was adopting a con-
stitutional course in the mode he was pursuing.
Mr. John Noble—Was assistant accountant to the
Bank of England. Recollected Mr. Barber coming
to the Bank of England on the 22d of June, 1841.
He was accompanied by the female prisoner.
Mr. WILKINS objected, on the part of Mrs. Dorey,
to this mode of proceeding.
Examination resumed—He introduced the lady as
the executrix of Eliza Burchard, deceased. He said
she wished to receive the back dividends of stock
belonging to Eliza Burchard deceased. Mr. Barber
had all the necessary documents ready. The amount
of dividend was 4401., and the stock 7501. Reduced
Annuities. The Stock was restored on the 19th of
June, 1841, into the name of Eliza Burchard, New
Bond-street, Bath, spinster. The female prisoner
signed the necessary document, and received from
witness a ticket on the cashier for the money.
The witness was cross-examined by Mr. Chambers
and Mr. Wilks as to the identity of Mrs. Dorey ; but
his evidence on that subject was not at all shaken.
Griffin, the person alluded to by Mr. Clarkson,
was then called in Court.

Mr. Hyatt was called, but did not answer for some
ime. A short delay having taken place Mr. Hyatt
appeared in Court, and was cross-examined by Mr.
CLARKSON—Kept the Greyhound in Great Marlow.
Did so in May 1840. Went there in July 1835 or
1836. The prisoner, Fletcher, came to his house in
May 1840. He stopped at witness's house. In-
quired of witness if he knew a person named Steuart.
He told witness his name was Mr. G. Jones, 24,
Little Guildford-street, London. He said he wanted
to find out the relations of a person named Steuart,
that died at Marlow. Witness recommended him to
some elderly people who would know better than him,
as he had been only a shOrt time there. He said
that Mr. Stuart had a good deal of property, and they
wished to find out his relations. He said he came
from the Lord Chancellor. Witness accompanied
hint to several of the elderly people of the place,
among whom was a person named Windsor, who
knew Stuart very well. He said there was an ac-
count that Stuart had a brother who went to Ame-
rica. Windsor told the prisoner that Stuart had been
a gardener with Mr. Strode, who lived- at Court
Garden. Windsor told Fletcher that Stuart died in
1827. Fletcher then inquired about the gravestone of
Stuart, and witness went with him and showed
it him. He took a note of what was
on the grave-stone, and also of what was told him
by the persons he had introduced him to. Witness
promised, at the request of Fletcher, that he would
send him any word he obtained of the relatives of
Stuart. Fletcher said that for any information he
should give he would be handsomely rewarded. He
also asked the witness the name of the clergyman,
and he told him the Rev. Thomas Stracey Coxhall.
Fletcher then went away, and in about a fortnight
afterwards the prisoner Barber came, went into
his commercial room, and asked him if he had not had
a person of the name of Jones there ? Witness
said he had, and upon the prisoner Barber inquiring,
witness said he had made every inquiry about the rela-
tives of Stuart, but could not discover any, except a
brother, who went to sea. He said he was from the
same firm as Mr. Jones, that it was all one. He said
his name was Clarence I' ackham, Esq., 52, Nelson-square.
Witness went with him, at his request, to several per-
sons; among whom was Windsor. The prisoner Barber
said that Stuart had died worth a good deal of property,
which would fall to the Government, if no owner could
be found. He said there was a good deal of property in
Chelsea ; he said there was property in the Sinking
Funds, but that that had gone with him.
Barber invited witness, when he came to London, to
come and sue him, and, in the meantime, to get all the
information he could. He asked him to come and dine
with him. Shortly afterwards witness went to London;
went to the house 52, Nelson-square, and inquired fer
Clarence PaAhani, Esq. A woman answered the door,
and he then saw the prisoner Barber. It was in the
evening when be went there. Witness told him he could
not find out any relation of Stuart's. Ile thanked him
for the trouble he had taken, and there the matter ended,
and witness left. Old Windsor was a baker, but he had
left off business now from age and infirmity.
Cross-examined by Mr. CItAMBERs.—Ho (witness)
had not seen Mr. Barber since he saw him in
Nelson-square until lie saw him the other day in
the Compter. When he was taken to the Comp-
ter, he instantly recognised the prisoner Barber as Mr.
C. Peckham. Could not say whether he saw him through
bars or not. Ile thought it was Wednesday when he
went there. Witness could well recollect what took
place in 1840, although he could not recollect whether
he saw the prisoner Barber through bars at the Compter.
Upon his oath the expression Mr. Barber made use of
was that its all one firm, he used the latter word par-
ticularly. The a itness here produced a me-
morandum-book in which he had put the address of Mr.
PaAliarn. When witness went to Nelson-square, he
stopped in the passage.
Mrs. Emma Hartwell was the wife of' John Hartwell,
who kept a coal and coke-shed at No. 2, heed's-read,
Westminster-road. In 1840, was the servant of a Mr.
Bradly, a grocer, who lived in Southampton-row. Cam-
berwell. Recollected Fletcher coming to her master's for
lodgings for an 01(1 laxly. Witness snow, d them to Mtn,
and he said hey would do %cry well. In a few days after-
wards an old lady carne, accompanied by :sir. and Mrs,.
Fletcher. Witness thought tea was ordered. Thrs old
lady continued to occupy the apartments for three or four
months. She appeared to be very old and childish at
first. Fletcher used often to visit her, the female
prisoner, Mrs. Dorey, also visited her. Fletcher used to
' call there frequently. No other persons visited her
except Fletcher, his wife, and daughter. The old lady
was tall and thin, of a rather pale complexion ; her eyes
were very weak and red. She used some times a little
milk and seater to them. She had the gout in one of her
hands occasionally. She was at home a great deal. Her
usual breakfast hour was between nine and ten. She
dined at one. Her appetite was very indifferent. She
had difficulty in walking, and always carried an um-
brella to lean upon. She was a very weak person. She
generally wore a half-mourning, cross-barred, washed-
out cotton gown. Occasionally she wore a black silk
dress. She wore a black silk bonnet, trimmed with
crape. Sometimes Fletcher called upon her twice a
day. Never knew from herself what her name
was ; but letters came for her directed to Miss
Stuart. When Fletcher and any of them came, they
asked for the old lady. She appeared at times to be very dull,
particularly towards the latter end of the time, and said she did
not like the apartments. Never recollected any quarrelling
between the old lady and Fletcher. Recollected the old lady
going away in company with the female prisoner.
Cross-examined by Mr. Wilkins—Witness was a servant
of al work, and no person answered the dour but her. Mr.
Forrester, the officer, brought her there. He came to her on
Friday week last, but that was not the first time she saw him.
She had had several interviews with Forrester. No clothes
had been shown her, nor had any description of clothes been
given her. Forrester had spoken to her about clothes. The
old lady was between seventy and eighty.
Mr. Charles Hill—l am a stock-broker at 23, Thread-
needle-street. I remember the prisoner, Barber, calling on
me in October, 1841. He desired me to go to the Bank with
him to see some stock sold, which should pass through my
hands. I had never seen him before on matters of busi-
ness. I had seen him frequently before at the Southwark
Literary Society, and I certified his identity. There
was a female waiting for him in the chief accountant's
office. Barber introduced me to her as Miss Stuart,
She was a tall person, of from 40 to 50 years of age. She
was dressed in dark clothing. Shortly afterwards he called
again at my office, and directed me to sell 511. Long Annuities,
standing in the name of Elizabeth Stuart, Southampton-ter-
race, Southampton-street, Camberwell. He stated that he
would be at the Bank at two o'clock, with Miss Stuart, to
make the transfer. He called again, and I accompanied him
to the Bank, having previously sold the Stock and put the
transfer forward. He was accompanied by the same female
that accompanied him before. Ido not recollect the person.
' Ido not see her here. If I were to see the person, I think
I should know her. (The Learned Counsel wished Mrs.
Dorey to stand up, for the purpose of its being shown that she
was not the person. This was objected to, and not pressed.)
She signed the transfer, and I handed Mr. Barber a cheque for
the amount of 6521. 2s. 9d. for tho amount. I found that I
had paid 3/. 3s. 9d. too much. I returned to my office, made a
correct account and another cheque, and went to Barber's
office in Token-house-yard. I then sent to the
bankers, and when I returned to the office they told
me the bankers had sent to say that the cheque
had been paid in gold. I went to Mr. Barber's office,
and told him that I had paid him too much. He gave me the
same address that was on the stock paper. I told him that the
cheque had been paid in gold. He said they were stupid
country people, that were frightened at the rumours of war. I
wrote a letter to the address on the stock ticket, and sent it by
a messenger. It was returned because the party was not M
Such had been my orders. My brother told me subsequently'
that he had received the three pounds from Mr. Barber. -
Cross-examined by Mr. Chambers-51y office it close
theth e
Bankßeanokft
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ecuhesoei uvreaeei lg
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and
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profes-
sional gentlemen. I had one subsequent transaction with Mr.
Baßrbee.rexinamliBn4eld,—anidbesintrcaen rsiaecvteironhaidn_aknBy4l_ot was her.
in the affair of
Eliza Burchard. I have never known him by the name of Jones
or
ForfePdearib
ekehamii
William Pott—l am a notary p üblicand proctor;
produced I attested the execution of the deposition
rodutcheed w byorald person
sh:y
named Griffin. Ido not recollect the least in
Person. I also attested the deposition of the other deponent,
Elizabeth Stuart.
Daniel Forrester—l made inquiry after Thos. Griffin and yes-
terday morning I took him into custody at 5, Gray-street,
Duke-street, Manchester-square. I told him that I
had a
warrant against him for making an affidavit, signed Thomas
Griffin. He said he was the rerson
and that he was quite
willing to state all he knew about the fact.
Mr. Wiesiss desired to know if Griffin was now under
charge, or as a witness, because he should certainly object to
hearing any such statement made until he ascertained in what
position he was placed.
Mr. CHAMBERS, on behalf of Mr. Barber, also objected to
the statement being made until the situation in which Griffin
stood was ascertained. If he were a witness let him be called,
if he were an accused party let the charge be made against him,
anc, let it be itatiwn if he were charged in common with the
other prisoners.
Mr. BALLANTYNE had understood, from the commencement
of the proceedings, that Griffin was in the same position as the
other prisoners.
Mr. W4Ligll4B.. contended that can, in fairnen to bironlf,

should he told precisely what was the position in which he stood.
Mr. CLARKSON said that it ,was entirely in the discretion of
the prosecutors to determine, at some future perio'l, Whether or
not they would admit Griffin as a witness; he was now under

charge.
Mr. WILKINS—That is holding out to him the inducement
to give evidence.
The LORD MAYOR—Thomas Griffin, you are aware of the
charge that is made against you, and I ask you if you have
anything to say ?
➢lr. CHAMBERS, evidently labouring under great excitement,
asked if the case against Barber was finished. The course
now attempted to be pursued was irregular, unjust, and eel-
culated to pervert the administration of justice. In the name
of regularity and decency he pretested against the adoption
of this illegal course. It was inconsistent with law. Griffin
was placed in the same position in which Fletcher had been—a
lure had been held out to him to give such evidence as should
serve the purposes of the prosecution ; and if that evidence did
not suit their purposes, then he would be indicted. He de-
nounced the attempt to seduce him into giving evidence by
intimidation. It was impossible for a barrister to do his duty,
if this course were pursued. It was more like the course
pursued in foreign countries, where evidence was procured by
means of the rack and the torture. Nothing could be more
dangerous than the conduct now attempted to be pursued.
Mr. BALLANTYNE objected to the course pursued, and called
upon the prosecution to decide whether they would call plaintiff

as a witness or not.
Mr. CLARKSON rose and said that it was time he should be
heard after the three speeches of his Learned Friend.
Mr. CHAMBERS—And it you are heard, I will have another
speech.
Mr. WILKINS—And so will I.
Mr. BA LLA NTYNE—And so will L—(A laughs)
Mr. CL A RKSON—Then I must leave the matter in his Lord-
ship's hands, stating that I will not now decide whether ulti-
mately I shall call him as a witness or not, but at present he is

under- charge.
Mr. CHAMBERS insisted or, knowing precisely what the
charge against Griffin was. At the time Mr. Clarkson mentioned
the circumstances connecting Griffin with the case, it was true
that Griffin was out of the room, therefore at that time he
could not have been under charge. Now, he wished to know
when he had been charged, what he was charged with, and
whether he was charged in common with the others?
Mr. CLARKSON—I charge him, in common with the other
prisoners, with being concerned in this felony, and I demand
his remand with the other prisoners.
The Clerk then read the charge, as made upon the notes of
the Court.
Mr. CHAMBERS desired that it might be entered upon tho
notes the time when the charge was made. Who are charged.
Mr. CLARKSON—The two men at the bar, the woman below
the bar, and the prisoner at the right hand side of the bar.
Mr. CHAMBERS—When was he charged ? It is clear he
was not charged at the commencement of the proceedings, for
he was net here.