The Sun.
London, England, 1844-04-12 00:00:00

THE WILLS FORGE

RIES.

CRIMINAL COURT.-(THIS DAY.)

OLD COURT
CONTINUATION OF THE TRIAL OF BARBER,
FLETCHER, AND MRS. DOREY.
At ten o'clock Mr. Justice Williams, Mr. Baron Gur-
ney, and Mr. Justice Maule took their seats on the bench.
The names of the jury having. been called over,
Mr. William Smee was examined by the ATTORNEY-
GEYRRAL--I am chief accountant to the Bank of
England. In 1840 Sir J. Rae Reid was Governor of the
Bank. I received written directions from him to trans-
fer certain stock. The paper I hold in my hand is his
order. I, in consequence, transferred 81 Long Annui-
ties, on the 20th of October, 1840, in the name of
Elizabeth Stewart, of Southampton-terrace, Southamp-
ton-street, Camberwell. I made the transfer myself.
The attesting witness is Mr. E. C. Wilkinson.
Mr. Wilkinson was called, and proved that he wit-
nessed the transfer.
John Weldon examined—l am a clerk in the will-office
of the Bank. I keep a book called the " Taking-in
Book." I have got the date of the 16th October, 1840.
I have an entry here madeby myself. Letters of adminis-
tration, in the name of John Stewart, appear in it on the
16th October. I find the mark of that administration
indicated by the words, " Bank Register, K. Z., 73,036."
There were documents left in the Bank illustrative of
that transaction. There is, first, an application for the
transfer of the stock. The next is the burial extract,
two baptismal certificates, and a letter from Mr. Coxwell;
they were all brought in at the time of the letter of ad-
ministration. It is not usual to keep letters of adminis-
tration after they have been registered. They were re-
turned on the 24th of October. It is customary for the
person getting them to sign a receipt for them. The
name to the receipt is that of " W. H. Barber."
The receipt was put in and read.
. William John Donald examined—The handwriting in
the book handed up to me, I believe to be that of Mr.
Barber. I have no doubt of the signature being in his
handwriting.
Cross-examined by Mr. Wriams—l do not recollect
seeing Mr. Barber write. I know his writing from pay-
ing cheques with his name to them.
Mr. Weldon, in reply to a question from Mr. GRAVES,
said it was not usual to produce the bond of adminis-
tration at the Bank.

To Mr. WILKINs—The entry in the Bank-book is
not all in the same handwriting. The name of Stewart
is in the handwriting of Mr. Ripon.
Mr. J. B. Ripon—l am clerk to the Bank. I was so
at the period alluded to ; some of the writing in question
is my handwriting, and part is in the handwriting of
two other persons. The date of 24th of October is in
my handwriting. That is the day on which the papers
were delivered. The signature is that of the person who
received them. Of that there is no doubt; such is the
practice of the Bank.
The ATTORNXY-GENERAL then put in a letter signed
by Elizabeth Stewart requesting the re-transfer of the
stock, which was read by the Clerk. It stated that
application would have been made long before but that
the writer was in America, and had not heard of the
death of her brother John Stewart till many years after
it had occurred.

The register of the marriage of John and Janet
Stewart, in the parish of Callendar, Perthshire,ton the
17th of October, 1756, was then put in and read. The
certificate of the burial of John Stew art, in Great Mar-
low, by the Rev. Mr. Coxwell, on the 19th March, 1827,
was also put in and read, as well as a letter from Mr.
Coxwell to Mr. Barber, stating that on the gravestone
of the deceased John Stewart was of the age of 65 ; that
he did not know of his having made a will, and did not
know any-thing about his papers.
Mr. Grattan was recalled, at the request of Mr. WIL-
KINS, and said that he believed the letter handed up to
him was in the handwriting of Joshua Fletcher.
Mr. Hill, a member of the Stock Exchange, examined
—My office, in 1840, was in 23, Threadneedle-street. I
know the prisoner Barber. In October he called at my
office, and requested me to accompany him to the Bank
to identify him. I did so. We saw Mr. Gray, the
Deputy-Accountant. I saw a female there, in dark
clothes. She was between 40 and 50, I think. She did

nut appear to to;.. feeble. I don't think she was an aged
person, but the time is long passed, and I do not well re-
collect. She was a little above the middle stature. I
don't recollect whether she was pale or fresh-coloured.
Mr. Barber introduced her to nee as Mrs. or Miss Stew-
art. The usual document, " Wm. H. barber known to
me," was then given to me, which I signed.
Mr. Donald was called, and proved that the signature
" W. H. Barber," to the document was in the hand-
writing of Barber.
Mr. Hill recalled—Barber called upon me on the 24th
of October.
Mr. Beaden produced the transfer-book of the 24th
October.

Mr. Hill continued—He gave me instructions to sell
511. Long Annuities out of thename of Elizabeth Stewart,
Southampton-terrace, Southampton-street, Camberwell,
I sold the stock, and Barber came to my office, about
two o'clock. We went to the transfer• office together,
and the transfer was effected by the same female whom
I had before seen at the Bank. I gave the cheque pro-
duced to Mr. Barber for 6521. 9d. I afterwards disco-
vered that I had paid him 31. 3s. 9d. too much. Instead
of being sold at 124, it had been sold at 12 11-16ths
only. 1 then went to see Mr. Barber, but could not find
him. I afterwards went to the bankers, and found that
the cheque had been paid in gold. I told Mr. Barber
of this, and he remarked that they wore " silly country
people, and were alarmed at the rumours of war with
France which then prevailed." I asked him for the ad-
dress of Elizabeth Stewart, and sent a letter to her by
my clerk, but it was returned. I afterwards got the.
31. 3s. 9d. from Barber.
Cross-examined by Mr. Wrexixs—l was a member of
the Southwark Literary Society, and Mr. Barber was a
member of the committee. As far as I know he always
stood high in respectable society. The Committee was
foi med of some of the first men in the Borough. Lord
Brougham had presided on one occasion at a meeting
of the Society. My memory is not distinct about the
female's appearance, but to the best of my recollection
she did not exceed 50 years. I have seen Lydia Saun-
ders and Mrs Dorey.
Re-examined—On the second occasion I identified the
female. The stock could not be sold without that. I
have no doubt of her being the same person I had seen
before. Were Ito see her now dressed as she was then,
I think I could recognise her.
To Mr. Baron GURNEY—The letter was brought back
by the clerk in consequence of the lady being out. I
told my clerk to bring it back if she was not there.
Mr. Harding—l was a cashier in Sir J. Lubbock's
bank. I paid the cheque produced in gold. 652 sove-
reigns, or sovereigns and half-sorereigns.
Mr. Tillotson, clerk in the public drawing-office of the
Bank of England—l have an entry of the 17th October,
1840. The order of the chief cashier, dated the 22d
October, is for the payment of 729/. 10s. I paid the
money, which appears to have been received by Eliza-
beth Stewart ; that name being on the bill. I have no
distinct recollection of the fact, or the person who re-
ceived it.
Mr. Donald recalled—The words " administratrix,
Southampton-terrace, Camberwell," I believe to be in
the handwriting of Barber.
Mr. Tillotson re-called—l paid the order 6301. in
notes. The remainder I did not pay.
Mr. F. C. Hillary, another Bank clerk, paid 1091. les.
in gold and silver,
Mr. Tillotson again recalled, and proved the number
of the notes.
Joseph Durmer, an in-teller of the Bank of England,
examined—On the 2d November, 1840, I exchanged for
gold some Bank of England notes in the name of Stewart.
There were four of 4001. each, three of 201., eight of 10/.,
and six of 51. The amount of all was 5701. I filed them,
and another clerk came down and took them.
Mr. W. P. Ord examined—ln 1840 I was clerk in the
Bank of England. lam now in the Leeds branch. On
the 2d of November, 1840, I took the notes from the file
of Mr. Durmer. They were. entered in his book in the
name of Stewart. I have the particulars of the notes.
Mr. Grattan was recalled, and proved that the name,
" Elizabeth Stewart," on the notes, was in the hand-
writing of Joshua Fletcher.
James C. Strode, examined by Mr. CLARKSON—I for-
merly resided at Port-garden, Great Marlow. I had an
uncle at Tyam Inn Lodge in 1800. He had a gardener
named Stewart. My uncle died in July, 1809. Sir Simon
Le Blanc bought the estate in 1811, and Stewart re-
mained with him. In 1820 he came to reside with me.
He died in 1827, and I put up a stone to his memory.
He told me he had no relation but one brother, who
lived in Scotland, and of whom he had not heard for
many years. After his death some of his papers came
into my hands. Amongst them I found stock receipts
amonting to 51/. Long Annuities. I know the hand-
writing of Stewart. The indorsement on one of the
papers, "my own private affairs," is in his hand-
writing. The papers are as they were when found.
They were in a tin case.
Cross-examined by Mr. GRAVES—I cannot recollect
by whom they were given to me, but it was by one of
my servants. I believe I was absent when he died, but I
returned the following day.
Mr. John Hunter, the sessions clerk of the Cannon-
gate, in Edinburgh, produced a book containing the
minutes of the proceedings of the Kirk Sessions.
Mr. GRAVES objected to the evidence. The period
about which the witness was to speak was sixty-two
years ago (May 27, 1782), and the witness had stated
he was only fifty-nine. He could not, therefore, speak
to anything of that period, except from what he found
in the book, which was not admissible.
The ATTORNEY-GENERAL argued that the book was
admissible, to show who filled certain offices at a particu-
lar period long since passed.
Mr. Baron GURNEY (to witness)—Does the book con-
tain any register of births and marriages? 'Witness—
No, my Lord. Those are kept in separate volumes.
This contains the minutes of the Kirk Sessions.
Mr. Baron GURNEY—That is a part of the Church of
Scotland? Witness—Yes, my Lord.
Mr. Baron GURNEY said that, if the evidence was not
of importance, it would be better not to press it.
The ATTORNEY-GENERAL Said it was a matter of very
considerable importance.
After some further discussion,
Mr. Baron GURNEY asked Mr. Strode if all those
papers acre in the tiu case on the day after Stewart's
death?
Mr. STRODE replied that Stewart had died on the
Tuesday night ; that the box had been delivered to him
(the witness) on his return on the Wednesday night
following, when the tin box was delivered to him con-
taining all the documents it at present contained.
The paper proposed to be given in evidence having
been handed up to the Court,
The ATTORNEY-GENERAL proceeded to argue in
favour of the admissibility of the document, as the
Court of Kirk Sessions was a public Court, recognised
by law.
The Learned Gentleman then recalled the witness
Hunter, who stated that it was usual in Scotland, on a