The Sun.
London, England, 1844-04-18 00:00:00

OLD COURD.

Shortly after ten o'clock Mr. Justice Williams took his seat
on the bench, when the prisoners William Berber Joshua
Fletcher, William Saunders, Lydia Saunders, and Barber,
Dorey, were placed at the bar.
At the instance of the Court, the witness Christmas was
called, and re-examined—ln the autumn of 1842 I told
Fletcher that there were unclaimed dividends on 3,5001.
standing in the name of Slack. I did not mention it to any
body else.
The witness Wheeler was also recalled, at the request of
Mr. Wilkins, and said., that the prisoner Fletcher kept an
account at the Bank of England, from 1839 up to the time of
his apprehension. _ _ _

Mi..JAIIIIB, Counsel for Mrs. Dorey, said, that Mrs. Dorey
now wished to withdraw her plea of Not Guilty, and to plead
Guilty. Perhaps he was not exceeding his duty, in asking
the jury to recommend her to mercy.
Mr. Justice WiLuams said he could,not interfere with the
jury. He was sure they would do what was right, and that
the verdict in the first case would not influence them.
The plea of Not Guilty was then withdrawn on the part of
Mrs. Dorey, and a plea of Guilty was entered.
Mr. GauavEs then rose to address the Court on behalf of
Fletcher. He contended that, in point of law, there was no
proof of any joint acts here, and that his client ought to
have a verdict of not guilty on this ground. The Learned
Gen:leman quoted the case of the King v. Messingham in
proof of his position. Where there were separate acts they
must be proved separately, and a joint procurement must be
proved where there was a joint charge.
Mr. BALLArrixx followed on the same side.

Mr.:Justice WILLIAMS could not stop the case. The pleading
guilty of one of the prisoners did not vary the case. It
seemed to him that the argument came to this, that unless
the whole of the parties were present at the uttering of the
forged will. there could be no procurement or incitement.
Mr. STONE said he did not think there was any evidence
against the prisoner Saunders to go to the jury.
Mr. Justice Winr.litms said he was of opinion there was
some evidenre for the jury.
Mr. WILKINS then addressed the jury on behalf of Barber.
He said, it appeared to him from the state of the Court, that
the interest in this case was unabated. After passing a com-
pliment to the jury for the attention which they devoted to
this most important case, and to the ability and skill of the
Learned Gentlemen who prosecuted in this case, be said that
he asked for nothing for Isis client but justice. He was
thoroughly convinced of the innocence of his client, and he
therefore did not appeal to their mercy. Ile was glad, for
the sake of Mr. Barber, that his Lordship refused the appli-'
cation made on behalf of the other prisoner, for if it were
granted it would delay the time at which his client was to
be restored, if not to his former station and position, at least
to the smile of friendship. His Learned Friend had stated
this case with great fairness, and he trusted he would con-
tinue to conduct it to the end in the same way. There were
six counts in the indietment,which must fall to the ground
as far as his client was concerned. He had been charged
with forging► the will, but not a tittle i f evidence was ad-
duced to establish that fact. If Mr. Barber had been guilty
of an immoral offence he ought to be punished, but if he
didnothing inconsistent with his duty as an honest attorney,
he was sure the jury would not hesitate in acquitting him.
His Learned Friend had told them how unclaimed dividends
were to be transferred, but he did not say how difficult it
was to have this efl'ected; that each case has to be strictly

investigated by skilful solicitors, .who (he said it in their
own hearing) followed his client, Mr. Barber, with a desire
for conviction, which he could not account for on any other
supposition than that they wished to make some amends for
their own neglect of duty. He believed they were more
anxious for the conviction of Barber, than for the conviction
of all the other prisoners -together ; but in spite of their
emissaries, and spies, and tamperings, he was sure the jury
would send him from the dock as stainless as any one of.them,
though he might not have a bed to lie on, or a penny in his
pocket. • 'Why was not the confession of Mrs. Dorey brought
forward? The jury would draw their own conclusion from
this fact. His Learned Friend said that the will in thiS case
was suspicious that it bore suspicion on the face of it.
Was it, indeed.? 'Was it not before Mr. Freshfield,
who had so much experience in those matters ;
and he did not suspect it to be fictitious. It was before
Doctors'-commons and there they had no suspicion of its
being forged. Why then was Mr. Barber to find out that
the will was forged ; on the cc ntrary lie had less reason to
think it forged than the others ; he had not so much interest
in the matter as Mr. Freshfield. He would be able to show
to them that greater pains were taken to impose on Mr. Bar-
ber than on the proctors or Mr. Freshfield. Fletcher intro-
duced a lady whom he called Miss Slack to him ; she was
in appearance a respectable woman, and was dressed in mourn-
ing. Mr. Barber went to Mr. Wills, the proctoi, and ap-
peared everywhere in the most open manner in the character
of an attorney in connection with this will, and not a single
lie, not a single attempt to deceive was prcved against him.
He acted in the most open and honourable manner. There
was a great difference in viewing transactions after an accu-
sation was brought and before it was brought. When once
an accusation was brought every person wondered that sus-
picions were not excited before. Mr. Fletcher was a member
of a respectable profession. He was a rich man. Mr. Barber
was his attorney for many years, and in this case he did not
do a single act which was not necessary to be done as an
attorney, and in the most open manner. lie did many things
openly which he might. have concealed if he wished. He
was the attorney of Fletcher, and nothing more. He was
never seen communicating with Fletcher • he was never at
his house, nor was Fletcher at. his. It did not appear that
Mr. Barber had the least acquaintance with Mrs. Dorey, or
Mrs. Saunders, or Mr. Christmas. He thought it was clear
that the statement made by Mr. Barber was made in conse-
quence of the representations made to him. It was evident
that this was the case when he said that there was an entry
of the death of Anne Slack at Somerset House. There was
no such entry at Somerset-house ; and was it possible to con-
ceive that he would have told such a lie to Captain Foskett
when it could be so easily detected if he believed it to be a
lie?; It was clear that he got the information from others,
and believing it to be 'true, he stated it to be
the fact. He communicated with Captain Foskett and
gave him every assistance that he ought to give. The let-
ters which were signed by Mr. Barber to Captain Foskett
were &written by his clerk, and only signed by Mr. Barber.
Was this the conduct of a man who was playing a.knavish
, part? It was said that Barber wanted the signature of Miss
Slack, in order to forge it. How could that.be so, when the
signature to the will was quite different from the signature of
Miss Slack? There was next the forging of the registry.
This was not necessary at Doctors' Commons, nor at the
Bank, nor to obtain the probate of the will. The only object
for which it could be forged was to deceive Mr. Barber. He
put an advertisement in the Times newspaper, asking for the
legal representatives of Miss Slack. Was it probable that a
person implicated in a wicked conspiracy, as Mr. Barber was
said to be, should take such a mode of effecting his object as
to put an advertisement in a paper so widely circulated as the
Times? Throughout the whole of the case Mr. Barber ap-
peared in the most open manner as an attorney. He had told
them that Mr. Barber, if acquitted, would leave the
dock penniless. Others had their thousands, but
it did not appear that he had put a sixpence into his
banker's hands. They 'made inquiries as to the money the
others had in the bank; they did not allege that Mr. Barber
had any money. It was not proved that a single 5/. note or
a 10/. made its way into Mr. Barber's pocket. He (By.
Wilkins) had been called a daring evidence. If he was so
called, because he did not respect persons or circumstances
when the interest of his client was concerned, he was con-
tent to be so called. He did not care that he had such a
man as Mr. Freshfield as an opponent, and he did not hesi-
tate to say that Mr. Freshfield had given evidence that
would fellow him with disgrace to the grave. He
came prepared with a well digested statement to procure
the conviction of a man who stood a few months ago as high
in the profession as he did. 'When he pressed Mr. Freshfield
he owned that he wilfully suppressed a portion of the evi-
dence. What object could he have in doing this but to hunt
Mr. Barber to perdition, and to do this by the suppression of
evidence that would have been in his favour? It was evi-
dent that Mr. Freshfield did not believe Mr. Barber to be
guilty, for if he did he had Forrester at his elbow. His Learned
Friend said that the issue must be whether there was any guilty
knowledge. There let it be. He was willing to test the issue on
that ground. And what proofwas there that his client had any
guilty knowledge in this case ? Not the least. They could
not look through the windows of the souls of men, and see
what was passing there. They must judge of men and their
motives by their actions, and he begged of them to judge of
Mr. Barber by this test. They had been told to temper jus-
tice with mercy. He did not want to depreciate the value of
the attribute of mercy, for he knew how much they all
stood in need of it. But here he took higher ground.
He would not condescend to steal a verdict from their pity,
and to send his client from the dock with his path clouded
with suspicions of a questionable acquittal. loo; he asked
for justice at their hands : and if he were in any way instru-
mental in restoring his client to society, he should feel amply
repaid for the anxiety and trouble he endured on his ac-
count, and with his latest breath ho would thank
his God that he had been instrumental in rescuing
him from destruction. The Learned Gentleman then
went over the evidence, commenting on it as he went
along, and showing that there was nothing to
throw the least suspicion on Barber. He was a shrewd
man ; and if it was his intention to put the stock in the name
of Miss Slack in his own pocket he would have acted in a
manner very different from the way in which he had acted.
Mr. Barber was not a party to Miss Slack being brought for-
ward, but Captain Foskett was, for he said he would not re-
commend Miss Slack being made a party to the inquiry then
going on, and if he had acted otherwise Miss Slack would be
in possession of her money, and this case would never have
come before them. The conduct of Mr. Barber was perfectly
open.—The Learned Gentleman :was proceeding when our
Reporter left.

LLOYD'S SHIPPING.-(THIS DAY.)
Loxpox, APRIL 18.—Light northerly breeze, and cloudy.
DEAL, Apnrr. 17.—Wind N.E. to E., light.—Arrd. Cam•
brie, Havannah, for Hamburgh ; Louisa, Grelt, New York
for Hamburgh. Sld. Frolic, South Seas; Sainarang, Madras
Royalist, Cape Palmas ; Scotchman, Jamaica ; Berbice,
bice ; Osprey, Havannah ; Mary Barbara, New York.

HORSHAM ELECTION.
(FROM A CORRESPONDENT.)
The hopes of Mr. Robert Henry Hurst (who reminds one
much of the Vicar of Bray), of a cheap election, would seem,
on their third day of ripeness, like Wolsey's ambition, to be
most aggravatingly thwarted.
On Wednesday night those untiring champions of free
trade, Mr. Sidney Smith, of the Metropolitan Anti-Corn-law
Association, and Mr. Falvey, of Manchester, addressed a
crowded audience at the Richmond Arms Assembly-rooms,
and were most enthusiastically received. If the free-traders
of Horsham should be backward with a candidate, the
League will probably supply the deficiency, when the
" independent electors" may be favoured with a translated
edition of Mr. Hurst's speech, by the hand of the author.