The Sun.
London, England, 1850-05-10 00:00:00

OLD COURY'.

Mr. Jusice C.)
Tne GLOBEefore INSURANCE-t RESSWELLOFFICE ROBBERY.— Walter!
llalig. late lessee of the Marylebone and Olympic
Theatres, and sub-treasurer of the Globe Insurance-
office, described as a clerk, and aged 33, was indicted for
of sling an order for the payment of 1,400/ , and a piece
e paper upon which such order was written, valued at
the PenaY, the property of the proprietors or trustees of
Globe Insurance Company.
T,he Attorney-General, Mr. Clarkson, Sir John
14ktieYe and Mr. Bovil, appeared for the prosecution; and
eirr. Cockburn, with whom was Mr. Bodkin and Mr.
fart°, well, defended the prisoner.
ob "0 ATTORNEY-GENERAL stated the case to the jury,
izteneiregyehretvoluanaigtpithat, although the indictment appeared to be a
ultimately
yd affair, it would turn out that the charge
resolve itself into one cf simply steal-
g the order for payment of 1,4001., or of the piece of
paper upon which the order was written. The facts,
htsugh few and short, might eventually be set aside by
ta,s Learned Friend who appeared for the prisoner
eel leg some objection to the mode of preferring the
Ilrgea or on some other technical point, and it was not
h,,rarlied
lirctporobable that in the end the jury would
relieved from their functions by the case being
ta
`Antea higher tribunal, where the abstruse
e of law involved in the inquiry would have to be
bedded. The prisoner was the son of a gentleman who
hsd
i_ been connected with the Globe Insurance-office,
nvest from its very commencement, prior to 1803, and
totwes due to that gentleman to state that there was
eCing in the case that could at all implicate or sully his
late eler- The Learned Attorney then proceeded to re-
thee facts as they were afterwards disclosed in evi-
lieeee' and finally concluded by telling the jury that be
er, been given to understand that the defence to be set
erene,a Lehalf of the prisoner would be purely of a tech-
character, character namely, that he was a partner in the
Insuranceobe
.. Company, and could not, therefore, be
tea lett for stealing his own property. It would appear
b.. tithe prisoner held two shares in the company ; but
tuxeitne 47th Geo. 111., cap. 30, which was a public Act,
aUthorised the establishment of the Globe Insur-
knee_ cr,
eoe,„euiae, it was provided that all the servants of the
th •t'lluY who should be guilty of any malversation in
respective situations should be prosecuted at the
tlnee of the treasurer, and he apprehended that the
provisions of this Act would be a complete answer to the
Rleetion he was now anticipating.
li-Mt Morris Bothwell, a clerk in the London and
Mlainster Bank, was the first witness called. He
Mated that on the 26th of last February he received
tlteoreas the counter of the bank a cheque on Glyn and
ske? drawn by the Globe Insurance Company,for 1,4004,
the-eueaas paid in on account of the prisoner. With
ie eaegtle he received a note which he believed to be
et,ll.le handwriting of the prisoner, and which was the
of InarY note delivered in with all payments on behalf
seeeeeropanies. The note merely stated the nature of
le-
renegue, and on whose account it was paid in.
ce7eflobson, another clerk
.in the bank, remembered
tt lying the cheque in question, which he had cashed
GlYaand Co.'s with a number of other cheques
ah,
etl'eh the London and Westminster Bank had received
,that house, amounting in the whole to 4,2691.
%ir. Steel:a clerk in Glyn's Bank, stated that he
tk ued the cheques referred to by the last witness on
ige 26th of July last, amongst which was a cheque for
';1°• ..24 drawn by the Glebe Insurance Company on one
eortaLeeir own forms. The company had three distinct
the, of cheques for their sole use. One form was for
- general account, the other for the annuity account,
iand the third for the dividend account. The cheque for
e'4e(),°l. was on one of these forms.
au% Ct eununte—Do you know that as a fact from re-
t;e,eetion? Witness—No, I only know it from the en-
Ilea which I find in our books.
0,„,'1r• Justice CRESSWELL Are the entries in your
"11 handwriting. Witness—No, my Lord.
h• er. Bovn—Was any other cheque for 1,400. paid in
!'Y the London and Westminster Bank on the 26th
February?,_ Witness—No, I believe not.
ark"' COCKBURN—I distinctly understand that there
ex no entries in your own handwriting. Witness—No,
eept that I put the items of all the cheques on the
ask of one and added up the total.
tfir- Sunburn, another clerk in Glyn's bank, stated
eithelit on the 26th February he received a cheque from
last witness for 1,400/., drawn by the Globe Insur-
ance Company. He knew it was a cheque, because by
the entries in the books which he made himself it must
Feb
been paid in during the afternoon of the 26th
hie "nary, while the practice of bankers was to pay in
ai in the morning.
t r• COEKBERN—Have you any recollection of the
fee
that you received the cheque. Witness—No.
CKI3URN—Then how do you know it. Wit-
g"-.-BV the entries in the book.
1'1;11% (-1-ocunuaer—Then you only infer such to be the
t• Witness—Yes
kr,
cum:rex—Then I submit, my Lord, this is not
• 'encee
tile e •
and • Justice CRESSWELL—I think it is, Mr. Cockburn,
haq I will show you it by illustrating_ with a question.
1107 e You never known an attesting witness say he has
reeuhection of a tact, but upon looking at his signa-
'een the deed he has been enabled to swear to it?
teeet COCKBURN—No, my Lord, I don't remember any
tee
ease
Tee ;
est, ATTORNEY-GENERAL—LOOkiIIg at the book,
en thou say whether or no the cheque was paid to you e
26th of February ? Witness—Yes.
the f!' COCKBURN—Now, have you any recollection of
eta"? Witness—l believe it was paid in.
Wantr• COCKBURN—I don's question your belief, what I
Of the
know is this.—Do you speak from recollection
is it fact of the occurrence of the 26th of February, or
Leek." inference which you draw from locking at the
beek;.
? Witness—Yes. I know it from looking at the
"•ti eOcKnouN—And you have no personal recollec-
of it? Witness—No.
is"'
"OCKBURN—A gain I submit, my Lord, that this
tteti"' evidence. Witnesses are called to speak to facts,
eta aot inferences; but, at all events, it must be shown
scan the witness has some recollection of the circum-
his-ce he speaks to before he can be allowed to refresh
uernory by referring to bookF.
,a-
-'l% Justice CRESSWELL still ditfered with the Learned
eeesei.
kr
that : Reynolds, another clerk at Glyn's Bank, stated
ledger was his duty to cheek the pass-book with the
ts• He made the entries in the ledger himself, and
Peli leer clerk transferred the entries into the pass-b ack.
it e hook then came back to him, and he checked the
11:ela With those in the ledger. On the 26th February
entered a cheque for 1,400 t in the Globe Insurance
eaeea Pane's account, and afterwards the pass-book of the
DesilleluY carne into his hands, and now, by the dot op-
-1400/the item in the ledger, he could stat
=rue that the
tliate,
• Was entered in the pass-book. The item e-
-4,0'1 preceding the 1,4001. was 16/. 155., an annuity
unt- After the pass-book was checked with the
he Tr it was returned to the company. The pass-book
The ja4 now in his hands, with the -ledger before him.
the teat of 1,4001. was in the ledger, but it was not iu
the rash-boob. The item of 16/. 151. was, however, in
thereass-hok, and on te line immediately following it
aPt eaored to have behen an erasure.
iteejciss•exernieed—lt did ll( t always happen that the
ms in the ledger and the pass-book followed in con-
iltive order.
ink
h
fr-,
same contest took place as to this witness speak-
rosnit or recollection, and with the same
„i in the former instance.
seean neer), preeini the messenger of the Globe In-
Zfetch e'ffiee, stated that it generally fell to his lot to
on Passbook of the company from Glen's bank
lia,ttg,Wedne.sday. He generally delivered it to Mr.
leg fo`._ the.prisoner whom he occasionally found wait-
eo4raerit hi the kall cf the office, and in the ordinary
`steed .°f his duty he had no doubt he must have deli-
ha It to th
eapy t at gentleman during the month of Fe-
erop, s'•
gr,,,edlflexamined—There was a large office on the
f "r• Ile did not always find Mr. Watts waie-
or hitt
kr, eN, „.,
hlsta "lam; Tite the architect and deput • chair-
,_Galene:ththeet;lo be Insurance Company, stated, that) 'Mr.
^r a oe, s banker, was the treasurer, and he: himself,
ceiee "of the trustees. The prisoner was a clerk in the
(iireertlsrlaYe' he was .apP.oieted by the directors. The
a.. teenaged the business of the company at the
aereailtn" for that purpose they employed clears and
was tis,,,Who acted under their direction. The prisoner
eteeeivi:i tdauntti,eslerk in the account office, and one of his
ewith was to check the payments at the hank
eee chee-
e, And on Wednesday morning he had to bring the stay.-