The Sun.
London, England, 1844-09-19 00:00:00

CHARGE OF FORGERY.

STOCKPORT, MONDAY NIGHT.
(Before the MAYOR, Sir RALPH PERDLEBURY, Knt.,
CHAS. BAKER,. Esq., JONATHAN THORNHILL,
Esq., THOMAS WALMSLEY, Esq., and RICHARD
S YKES, Esq.)
Mr. John Kenyon Winterbottom, who was appre •
hended in Liverpool a few days ago, after having been
absent from this neighbourhool since August, 1840,
was charged with forgery upon the Pelican Life As-
surance Society, for the sum of 5,000/., which was
payable to the family of the late John Isherwood,
Esq., of Marple Hall, upon his death, and which sum
was received by the prisoner on his presentation of an
authority purporting to be signed by Mrs. Isherwood
and her three daughters.
Mr. Bush, the solicitor to the Bankers' Association
for the Prosecution of Forgers, attended on the part
of the Pelican Office ; and Mr. Brandt, barrister, of
Manchester, assisted by Mr. Reddish and Mr. W.
Vaughan, solicitors of this town, was engaged for the
defence.

The investigation was conducted in the committee-
room of the Court-house, to which only the reporters
and the parties interested in the case were admitted.
The prisoner seemed extremely dejected, and fre-
quently wept during the inquiry.
Mr. William James Tate said—l am agent to the
Pelican Life Assurance-office, and reside in Man-
chester. I was in that situation in December, 1839.
Know the prisoner, Mr. Winterbottom, and was well
acquainted with him. On the 20th December, 1839,
I had a conversation with him respecting the life as-
surance of the late Mr. John Isherwood, of Marple
Hall, Cheshire. The insurance was for 5,0001., and
I had received orders from the principal office in
London to pay the insurance. Had printed forms
filled up, but do not know where they are. Had had
directions to pay the executrix or administratrix
the sum of 5,0001. Had no conversation with
Mr. Winterbottom and Mrs. Isherwood jointly ;
it was entirely with Mr. Winterbottom ; and
had reason to believe he was the agent to
the executrix of the late Mr. Isherwood. The
prisoner produced the policy, stating that he was
authorised to receive the money. He applied for the
usual forms to be filled up, Mr. Isherwood being
dead. When he announced the death, he did not at
the same time produce the policy. He returned the
forms to me properly filled up. Saw him several
times before payment. On the 20th December, 1889,
payment was made on his producing the policy to
me, and feeling satisfied, from the evidence he ten-
dered, that he had a right to receive tho money
upon the death of Mr. Isherwood. The probate
had already been forwarded to London. I then
gave him a bill for 5,0001. at seven days on
London. I remarked, when Mr. W. called,✓ that I
had no stamp in the office, and having no person
I could send, Mr. Winterbottom went out and pur-
chased the stamp himself, and the bill was drawn out.
I paid him for the stamp afterwards. In drawing the
bill out I had omitted to insert the words " or order."

The prisoner directed my attention to it, and said
without the words "or order" the bill would be
useless. I interlined the bill with those words. I
explained to him at the conclusion that it was neces-
sary to have the real indorsement of the individuals
to whom the insurance was made payable, and not by
procuration ; and if he did not obtain the individual
signatures the bill would not be paid. He then left
me, taking the bill so drawn, and depositing with me
the policy; it was numbered 11,012. Saw the bill in
the hands of Mr. Lilly, late Secretary to the Pelican
Office, some months afterwards.
Mr. John Jackson—ln December, 1639, and pre-
viously I lived in the borough of Stockport ; and was
the Manager of the Bank of Stockport. Knew the
prisoner, 11r. Winterbottom, at that time, being in
the habit of transacting business with him. Re-
member receiving, under cover, and a note, the bill
now in Court; it was early in January, 1840 • and
it was addressed to me in the handwriting of Mr.
Winterbottom. 1 have since looked for that cover,
but have not been able to find it. It is three years
since I left the bank. When I received this bill
there was another bill of the kind between us.
It was in December or early in January he drew
part of the amount upon this bill; the remainder
went to the credit of his account, which he had
opened with us. Previously to that there was
a balance of 3001. due to the bank. He drew bills to
a large amount. His account remained open for
eighteen months after the receipt of this bill. This
would be after he absconded. The cover, or note,
was written. The note accompanying the bill in
question requested me to place the 5,0001. to his ac-
count, and to give him drafts for certain amounts.
He drew the whole, or the greater part of this parti-
cular bill of 5,0001. The bill Iso received with the
note is signed " Elizabeth Isherwood," " Miriam
Isherwood," " Ann Magdalene Isherwood," "Anna
Maria Bellairs," and "J. K. Winterbottom." I be-
lieve the signature, " J. K. Winterbottom," is in the
prisoner's handwriting. The bill, I believe, was paid
in London, in the course of business. I have not the
slightest doubt of it.
Mrs. Elizabeth Isherwood said—l am the widow of

the late John Isherwood. I have examined the bill
authorising the payment of 5,0001. by the Pelican Life
Office. The indorsement, " Eliza Isherwood," is not
mine. I never gave Mr. Winterbottom authority to
sign any bill or receipt in my name, or to receive the
money. Never gave him any authority to sign for
my daughters. Mr. Lilly first showed me this bill.
The bill, I believe, was for a sum between 4,0001.
and 5,0001. I think it was 5,0001.
Cross-examined by Mr. Brandt—l am one of the
executrixes. The prisoner has paid bills on account
of my husband's estate. He paid some wages to the
servants. He also paid a trifle of the funeral ex-
penses ; only about 2s. I was never consulted by my
daughters as to their legal advisers, or who should
draw out their marriage settlements. They might
have consulted Mr. Winterbottom ; believe they did.
Miriam Isherwood, who resides with her mother,
said that the signature, " Miriam Isherwood," behind
the bill was a forgery. She also denied having au-
thorised either directly or indirectly, any person to
sign her name, or receive the money.
In the cross-examination the witness admitted that
Mr. Winterbottom acted as attorney and general
adviser for her and her sisters. He attended her
father's funeral.

Mrs. Magdalene Lloyd (late Miss Isherwood) gave
similar testimony; and was confirmed by Mrs. Bel-
lairs, another daughter, living at Coventry.
Mr. Brandt admitted that the evidence justified the
bench in sending the prisoner for trial ; and there-
fore, as his remarks in this painful matter would be
more appropriately and perhaps more effectually ad-
dressed to a jury, he should reserve his defence until
he appeared before another tribunal.
Mr. Winterbottom was then fully committed to
Chester Assizes for trial.

HadsitiaocndonCountess of Mount
Edgecumbo and Misses Macdonald Lady Elizabeth
F er
ladl i nSgi ra nGde oiN
1.1
gi ses
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lkdbi nu
gr Admiral
Count
a rdd,ael
BS
oirn eDrvEmi
uvhie.zaa bAaendt
dh.
The Earl
C
and Misses
Lady Milne, Hon. Captain Gordon, Hon. Sydney Her-
bert, the Hon. General Henry Murray and Mrs. and
Miss Murray, Hon. C. Agar, Captain Brandreth, Sir
William and Lady Burnett and the Misses Burnett, Sir
D. and Lady Dickson, Sir Samuel Pynn and Miss py nu
Admiral Ross and Miss Ross,. Colonel Beatie, Colonel
Greenwood, and a brilliant circle of the local gentry,
were present at the grand ball given on Friday last at
the Town-hall, Devonport, for the benefit of the Royal
Female Orphasi Asylum.

THE WAIRAU MASSACRE.

(From the Southern Cron, New Zealand paper, of
the 23d of March.)

INTERVIEW BETWEEN HIS EXCELLENCY THE GOVERNOR
AND RAUPARAHA, THE PRINCIPAL CHIEF PRESENT
AT THE WAIRAU MASSACRE.
On Monday, the 12th of February, his Excellency
Governor Fitzroy, accompanied by Sir Everard Home,
Captain of her Majesty's ship North Star, Major
Richmond, Mr. Commissioner Spain, Mr. Hamilton,
Mr. Forsaith, and several officers belonging to the
North Star, landed at Walkanae.
His Excellency and suite were received on shore
by the Rev. Octavius Hadfield, Messrs. Symonds and
Clarke, and a large body of natives, who, to the num-
ber of 400 and upwards, soon assembled in a large
open inclosure within the pah.
His Excellency commenced by reading the follow-
ing address :—" I salute you, chiefs and elder men.
Health to you. Peace be among you. I am glad to see
you. I rejoice to meet you here. I have much to say
to you—many important things. I have heard of all
that has been done—some things good, but some
vnry bad. '\V hen I see your church, the work of
your own hands, and when I hear from your true
friend, Mr. Hadfield, what progress you have made
in Christian knowledge, I rejoice greatly; but when
I hear of the evil that has been done by some, I can
hardly believe it can have been done by the same peo -
ple ;so bad is it in my sight. I have heard of all that
happened at the Wairau, according to the English
account, and it has grieved my heart exceedingly.
I now ask you to tell your story, that I may
compare the two and judge fairly. When I
have heard your account of that dark day, I
will reflect, and then tell you what I shall do. The
had news I have heard about killing the English so
cruelly at the Wairau, after they had ceased fighting,
and had trusted to your honour, has made my heart
very dark, has filled my mind with gloom. Tell me
your story, that I may compare it with the English
and know the whole truth. When I first heard of the
death of my friends, of the English who fell at Wai-
rau, I was very angry, and thought of hastening here
with many ships of war, with many, many soldiers.
and several fire-moved ships (steamers). Had I
done so your warriors would have been killed,
your canoes would have been all taken and burnt,
your houses and paps would have been all destroyed,
for I should have brought with me from Sydney and
other places an irresistible force. But these were
hasty, angry, unchristian thoughts—they soon passed
away. I considered the whole case; I saw that the
English had been very much to blame, even by their
own account, and I saw how much you had been pro-
voked. Then I determined to put away my anger
and come to you peaceably. Let me now hear your
story."

Ifauparaha then rose, and several voices from
among the crowd of his countrymen urged him to
speak out, that they might all hear. He said—
" There was evil intended in the commencement of
the affray. Land is the foundation of all our trou-
bles. The Europeans say it is theirs, but who says
so besides themselves? The Tory came to Port
Nicholson, and that was the commencement of
the evil. We heard of the sale of that place
by Warepori and Puni. Warepori was smoking
his tobacco and wearing his blankets alone ;
we never agreed to it; payment was made, but
we never received it; thus grew the seeds of evil.
Who authorised Warepori to receive his payment?
Who authorised him to do it privately ? Why did he
not call the people together, and pay them all ? The
Tory anchored off Kapiti, Colonel Wakefield wanted
to buy all the land (here Rauparaha mentioned the
names of several places), but all which I sold was
Blind Bay and Massacre Bay. I and Tungia
sold these places, and Warepori and Puni sold
Port Nicholson. The land which I sold to
Colonel Wakefield I sold myself; I did not
consult anybody. Colonel Wakefield then went to
Taranaki, and when he returned he laid claim to all
the land ; nothing was said concerning Wairau, until
now he claims it. There was sufficient payment
made ; all I received was—(here he commenced enu-
merating articles, but was told that he need not go
into those details)." Rauparaha continued—" I wished
to enumerate them, because Col. 'Wakefield says the
Maories are holding back the land which I have been
paid for. Porirua also is claimed by Col. Wakefield,
hut Rangihaeata will never consent to sell at.
Now I come to Wairau. Wairau was taken away
by Thompson and Wakefield (meaning Captain
Wakefield.) When we heard they were surveying
the land we went to Nelson to forbid them doing so.
We went to Captain Wakefield's house. He said,
I must have Wairau ;' I said, ' No.' He replied,
I must have it.' I answered, No, you shall not
have it.' He said, 'lf you do not give it up,
you shall be tied in this manner.' (Here Raupa-
raha, to explain his meaning of the threat held
out by Captain Wakefield, put his hands in the
position of a person handcuffed. Rangihaeata said,
I will not give up Wairau, neither will I be
taken prisoner by you.' Captain Wakefield then
said, We will shoot you: Well, what matter if you
do ? we shall lose our life, hut Wairau shall not be
taken.' After this interview at Nelson, Captain
Wakefield sent over more surveyors, amongst them
was Mr. Cotterell. We heard that the surrey of the
Wairau was nearly finished; Puaha went to tell them
to desist, but they would not. Puaha returned to
Porirua, and told us so. We then arose. The chiefs
and old men went on board a schooner, and the
young men in canoes to Cloudy Bay ; we stayed at To-
tara-nui (Queen Charlotte's Sound) some time, and
then went to Wairau ; we pulled up until we saw Mr.
Cotterell ; we then brought all their goods, &c., down to
the mouth of the river. Our slaves and the Europeans
were engaged in moving the things. Then we pulled
up to the wood and saw Mr. Barnicoat; told him we
had come to fetch him. He had no boat;' so
we took him and his things on board my canoe, and
conveyed them to the mouth of the river, having
burned the huts which they had erected. The Eu-
ropeans then left Wairau for Cloudy Bay, thence to
Nelson ; we were up the river planting. After this
Mr.Tuckett arrived with some people to survey ; I sent
to him and said, Come, Mr. Tuckett, you must
go !' He said, I must survey the land.' I replied
' No, you shall not,' and brought him down to
the mouth of the river. I asked Mr. Barnicoat to
remain with me till the boat came for him; the boat
with Mr. Tuckett had gone to Nelson. We con-
tinued our planting, till one morning we saw the Vic-
toria (Government brig) ; then were our hearts re-
lieved, for we imagined that Mr. Spain and Mr. Clarke
had come to settle the question of our lands. Being
scattered about at different places on the river, we
took no further notice, expecting a messenger to arrive
from Mr. Spain and Mr. Clarke ; but a messenger came
up to say that it was an army of English, and that they
were busily engaged cleaning their arms and fixing the
flints of their guns. They met Puaha, and detained
him prisoner. They said, Where are Itauparaha and
Rangihaeata ? Puaha said, Up the river.' They
answered, Let us go.' Puaha was glad to hear them
say this, as he was afraid they would kill him. He
afterwards watched his opportunity, and ran away
and came to us. A messenger had before come
to tell me that Puaha and Rangihaeata had been
caught by the Europeans. Afterwards Puaha
and Rangihaeata arrived, and we consulted
what we should do. I proposed going into the
bush, but they said, No, let us remain where we
are; what have we done, that we should be thus
beset ?' The Europeans slept some distance from us,
and after they had breakfasted, came on towards us
in two boats. We remained on the same spot, with-
out food ; we were much alarmed. Early in the morn-
ing we were on the look-out, and one of our scouts, who
caught sight of them coming round a point, called out,
Here they come, here they come I' Our women had
kindled a fire and cooked a few potatoes that we had re-
maining, and we were hastily eating them, when they
came in sight. Cotterell called out Where is Puaha ?'
Puaha answered, ' Here I am, come here to me'
They said again, Where is Puaha ?' Puaha again
saluted them. Cotterell then said, Where is a
canoe for us to cross ?' (Rauparaha here described
the manner of their sitting down, some one side, some
on the other). Thompson, Wakefield, and some other
gentlemen, crossed over to us with a constable
to take me, hut the greater number stopped on
the other side of the creek. Thompson said,
Where is Rauparaha ?' I answered Here.'
Come, you must come with me.' I replied,
Where ?' He said, On board the ship.' I
replied, 'What for ?' He answered, To talk about
the houses you burned down.' I said, What house
was it I burned ? Was it a tent belonging to you,
that you make so much ado about it ? You know it
was not, it was nothing but a hut of rushes; the
materials were cut from my own ground, therefore I
will not go aboard, neither will I be bound; if you
are angry about the land, let us talk it quietly
over ; I care not if we talk till night and all
to-morrow, I will settle the question about the land.'
Mr. Thompson said, Will you not go ?' I said,
No,' and Rangihaeata, who had been called for, and
who had been speaking, said so too. Mr. Thompson
then called for the handcuffs, and held up the warrant,

saying, ' See, this is the Queen to make a tie Raupa-
raha.' I said, ' I will not listen either to you or to
your book.' He was in a great passion ; his eyes
rolled about, and he stamped his foot. I said, ' I had
rather be killed than submit to be bound.' He then

called for the constable, who began opening the
handcuffs and to advance towards me. Mr. Thompson
laid hold of my hand. I pushed him away, saying,
What are you doing that for ?' Mr. Thompson then
called out Fire He called out once, and then
Thompson and Wakefield called out together Fire.' "
On being asked which of the gentlemen it was who
gave the command to fire, Rauparaha answered,
" Thompson gave the word of command, but Wake-
field recommended him to do so. The Europeans
began to cross over the creek, and as they were
crossing they fired one gun. The women and chil-
dren were sitting round the fire. We called out,
We shell be shot.' After this one gun they fired