The Sun.
London, England, 1844-12-20 00:00:00

PROMISSO

(From This Night's Gazette.)
An account of the Average Aggregate Amount of Promis-
sory Notes payable to bearer on demand, which have been
in circulation by the Banks in Scotland, by the Bank of Ire-
land, and by all other Banks in Ireland, during the four
weeks ending the 7th day of December, 1844, pursuant to
the Act of 4th and sth Victoria, cap. 50 :

SCOTLAND.
Chartered, Private, and Joint-Stock Banks £3,486,818
IRELAND. •

Bank of Ireland 3,900,275
Private and Joint-stock Banks

Total
H. L. WICKHAM.

Stamps and Taxer, Dec. 19, 1814.

CENTRAL CRIMINAL COURT.
OLD. COURT.
(Before Mr. Baron ROLFE.)
THE LATE BANK FORGERY.—TRIAL OF
BURGESS.

(Continued from our Afternoon Edition of yesterday.)
Thomas Agar—l am a teller in the issue department
of the Bank. I got an order to get gold to the amount
of 10,000/. I got it in ten bags of 1,0001. each. I was
desired to pay 8,0004 of it. The person to whom it wns
paid had a carpet-bag and two canvas-bags. Ile put
the money into the canvas-bags, and put them into the
carpet-bag.
Mr. Gibbon examined—l am a bookseller. Had
an appointment at the Bank for two o'clock on Tues-
day, the 3d of September. I was in the out-teller's
office. I saw the prisoner Burgess there. I said,
"how do you do, Sir ? " He did not answer me.
W. Dent Ede, a clerk in the Bank, proved he re-
ceived the notes.

Leonard Dean, a porter in the Bank, proved that
he brought ten bags of 1,0001. to the issue depart-
ment. The person who was to get 8,0001. emptied
eight of the bags into two canvas-bags. I assisted
him in taking out the bags. There was a carriage
outside, into.which the bags were put.
John Ray,examined—l am a clerk in the power-
of-attorney office. I saw the prisoner, in the middle
of the day, turning out of Cornhill into Birchin-lane.
There was an elderly person with him, whom I did not
know. He was a stout person, of a ruddy complexion.
They were going towards the river.
Mr. Cohen examined—l live in Vinegar-yard. My
father keeps a general shop. The prisoner came there
on the 2d of September. He asked the price of a
portmanteau; he was told 31. He asked to have three
bags, very strong, to fit in the bottom of the port-
manteau. He said they were to be sent to the Coach
and Horses public-house, St. Martin's-lane. There
was a deposit asked for. He desired to have the port-
manteau blacked over. The portmanteau produced
I believe to be the same.
Mr. Patsell examined—l sin a boot and shoe-
maker, in George-street, Portman-square. I knew a
person named Joseph Elder. I knew the prisoner at
the bar. I knew them for about two years. I saw
them at the George Townsend public-house, Oxford-
street. I saw the prisoner there, in the com-
pany of Elder. I saw him afterwards at Moor-
gate, with Elder. About three or four months
after Elder asked me if I knew any one who
could accommodate the prisoner with board and
lodging? I said,l did not.know. In July last I had
a vacancy for a lodger in my house, and I wrote to
inform him of it. The prisoner came to my house.
Elder used to come there. He was there on the Ist
of September, about a quarter before one. They
were in the room inside the shop. When I went in
they said they would go up stairs. They remained
there till dinner. They then came down. Elder re-
mained to dine. After dinner I lay down on the
sofa, and heard the prisoner mention " a power of
attorney." Elder said, " How is it to be done ?"
The prisoner said, " It is like placing two boxes on
this table, and taking it out of one and putting it
into the other." Elder said, "Is it to be Tuesday
or Wednesday ?" The prisoner said, " I don't know ;
I will tell you to-morrow." On Monday Elder was
at my house three times. He called for a bird which
Burgess had. He afterwards came and took away
the bird, and subsequently his umbrella. 1 saw them
together about ten o'clock at the George Townsend
public-house. I did not see them together on the
Tuesday. Burgess went out about half-past nine.
I saw him about half-past three again. When be
called in the afternoon he paid me 71. in gold. That
was money he owed me. He left my house between
half-past three and half-past four. I did not see him
any more till he was brought up at the Mansion-
house. He told me, in August, he had 2,0001. in the
Funds. On the Ist September he said he would have
some money next ;week. He said his friend George
was going to sell out. Elder was a man of about
fifty years. He was stout and tall.
Cross-examined—l heard of this forgery on the
9th. I told Forrester on that day all I have stated
to-day. I was not examined at the Mansion-house.

JaMes Wilkinson examined—l am a stable-keeper
in Portman-mews. I let out carriages to hire. The
prisoner hired a phaeton on the 3d. I saw Eller at
the corner of the street when the prisoner took away
the phaeton. Elder was about forty-five years of
age. The prisoner said he wanted a strong carriage.
John Warren examined—l keep the George
Townsend public-house in Oxford-street. A person
named Joseph Elder lodged there up to September.
The prisoner used to visit there frequently in the
beginning of September. On the 3d, about three
o'clock, he took leave of me.
William Drake examined—l was, on the 3d of
September, at the corner of Portman-street, Qxforcl-

street. I saw a one-horse open carriage drive along.
The prisoner was driving it. He asked me to go
along with him—that he wanted some person to
bring the horse and phaeton back to Mr. Wilkinson's.
I went with him to several places. He used to leave
me outside when he went into the places we called
at. I saw a large parcel in the phaeton, and two
others which he brought from Mr. Shackleton's.
He then went to the Coach and Horses in St. Mar-
tin's-lane, and I took the phaeton to Mr. Wilkinson's.
Arness examined—l am a coachman. I know
the prisoner and Elder. They came together to my
house on the 3d of September.
Ben Caunt examined—l keep the Coach and
Horses in St. Martin's-lane. About a week before
the 3d of September the prisoner came to my house,
dressed in a white coat and a pair of top-boots. He
said he had a farm in the country which he would
sell and go to America. He said he would have
8,0001. or 9,0001., and would have six soldiers to
guard him. He asked me if I could give him a private
room, and he would pay me well. I said I would if I
could. He came two or three days afterwards with a
portmanteau and three bags. The portmanteau was
taken into my bed-room. The portmanteau produced
is the one which was left at my house. The prisoner
called at my house on the 3d of September, but I was
not at home.

Robert Caunt proved that the prisoner and a soldier
came to the Coach and Horses on the 3d of Septem-
ber. They had a carpet-bag. The prisoner and the
soldier took it in. It appeared to be very heavy.
They took it into the room. I heard a jingle in the
room, and I looked through the curtain. I saw that
it was gold. Some of the gold got loose, and Burgess
was taking it out of the carpet-bag. There were two
canvas-bags in the carpet-bags. I asked the prisoner
where he was going with so much gold. He said he
was going to put it into the Edinburgh Bank. Elder
came in afterwards. The prisoner asked me where
the portmanteau was. I said it was locked up in my
brother's room, and he was out. Elder said if money
could get it they should have it. The lock of the do(
was picked, and the portmanteau Wag brought down.
The canvas-bags were put into this portmanteau.
Elder went for a cab, and when it came he pressed
the prisoner to go, saying that if he did not, he would
go without him, as his time was up. Burgess paid
about 3/. for wine and other things. The prisoner and
the soldier took out the portmanteau, and Elder and
the prisoner went into the cab.
James Gingle, a soldier in the Foot Guards, was
called, and corroborated the
.statement of the last
witness.

John Hughes, who had been at the Coach and
Horses on the 3d, deposed to the same facts.
George Benbow, porter of the Mersey Hotel, Li-
verpool, proved that the prisoner and another person
came to the hotel early on the morning of the 4th.
They asked for a private room, where their luggage
would be safe. They had a portmanteau, which was
very heavy. In the course of the day the prisoner
asked me to take the portmanteau to the Britannia
steam-ship. I put the portmanteau into a small-boat.
Jchn Hewitt examined—l am the Captain of the
Britannia. I sailed from Liverpool about half-past
twelve o'clock on the 4th. I was not aware for three
or four days that the prisoner was one of the pas-
sengers. There was another person with him. He
was an elderly person, of about 45. They went by
the name of Ellis. The prisoner called the other
person uncle.
John Forrester examined—l received a warrant
for the apprehension of Burgess and Elder. I went
to America with Mr. Bord, of the Bank of England.
I landed at Halifax. I then went to Boston. Elder
passed there under the name of Ellis. I took him on
the 31st of October. On his coming home about one
o'clock I showed him the warrant, and said, " Your
name is Joseph Elder." He said, Yes. I then took
him, and found 400 sovereigns in the black trunk. I
found some cards with the name of " Ellis." I found
some letters addressed " Joseph Elder." 1 then pro-
ceeded in search of Burgess. I found he was about
fifteen miles from Boston, at a small village. I was
accompanied with an American officer, and I stopped
there that night. On the following day I went back
to Boston, and on the next day I went to Brew-
ster's Island, which is about 11 miles from Boston.
I found the prisoner there in a wooden cottage. I
knew him before. He said to me, " How are you,
John ?" I said, " I am very well, and lam very
sorry to see you in such a situation." He
said, "So am I ; but it can't be helped now,
old fellow." We then went away. When in
the boat he said, " Where is Elder ?" I said, "He
made away with himself." He said, " Well, I think
he was a fool for that; he might as well have seen it
out." I got the carpet-bag now produced after the
prisoner was secured. At Nahant 120 sovereigns
were handed to me by the American officer. I brought
over 6,5001. to the Bank. I brought it from Mr.
Blackford, the agent to the Bank of England. The
prisoner said there was money at the Merchants'
Bank of Boston, and he would be glad to sign it
over to the Bank of England.

Mr. Sharpe, of the Bank of England, proved that he
posted the transfer of the 6,500/. into the ledger book,
to the credit of Muspratt, Story, and Whiting.
The case for the prosecution having closed,
Mr. BODKIN addressed the jury on behalf of the
prisoner, and begged their attention, in his opinion
already too long occupied by the prosecution, to the
few observations he felt bound to make on behalf of
the accused ; but before coming to his defence, he
felt bound to make some comments upon the mode in
which this prosecution had been got up. In this
country it was customary that the accused should be
furnished with a copy of all the evidence against him;
but in this instance there were several witnesses pro-
duced who were not examined at the Mansion-house,
and whose evidence was altogether new. Me thought
it unworthy of a great body like the Bank of England
that they should adopt such a course. The Learned
Gentleman then went on to say, that the prisoner was
now on his trial for uttering a forged transfer, well
knowing it to be forged. Now, to constitute this
crime it was necessary that he should have control
over it for some time, and that he should have given
it to another person ; but he contended that
there was nothing in the evidence to show that the
prisoner had at any time control over it. The next
point was, that the prisoner might have beliered the
stock was really Elder's, who might have put it in
under the name of Oxenford, which was sometimes
done ; and if that were so, he might have witnessed
the name of Elder without committing any offence
under the Act of Parliament under which he was tried.
And if he was a party in the hands of Elder, it might
be easily supposed that, having done this, he would
have cast himself into the hands of his betrayer, and
his subsequent conduct would be thus explained.
The Learned Gentleman dwelt at some length on the
various circumstances of the case, and laboured to
show that they would be quite consistent with the
view in which he was presenting the transaction to
them.

William Goodered Baker, Alexander Masters, and
others, gave the prisoner a good character.
Mr. Baron Reify summed up the evidence, and the
jury, after a quarter of an hour's consideration, re-
turned a verdict of Guilty.
Mr. Baron ROLFE then addressed the prisoner, and
said that the charge had been brought home to him
with a degree of clearness seldom attained in a court
of justice. A few years ago the crime of which he
had been found guilty would have subjected him to
the punishment of death, and it would have assu-
redly been carried into effect. Since that punish-
ment had been abolished, it had been the subject of
much debate whether its effects were good or evil.
Thinking it, as he did, a merciful and proper remission
of so dreadful a penalty, he felt it necessary to prevent,
as far as in his power lay, the necessity of re-enacting
it, and, therefore, in grave cases like the present, he
felt it necessary to pass the fullest sentence of the law,
as it now stands, which was that he, William Burgess,
should be transported beyond the seas for the term of
his natural life.

The prisoner was then removed from the bar.
Towards the conclusion of the trial he seemed to
have grown rather alarmed. He turned ♦ery pale,
and remained so to the end. The hurt he received
in his leg appeared to have lamed him severely. He
is a tall, clownish-looking young man, with a rough
head of bushy red hair. The turnkey assisted him
from the bar.

TII/3 ROYAL MILITARY ASYLUM, CIIMSBA.—It
was arranged a short tine since that the telegraph on the
roof of the Royal Military Asylum, in connexion with
that at the Admiralty, and continuing over Wanetead-
heath in a direct line to Portsmouth, should be taken
down, and removed, with the whole of the machinery
necessary for working it, to the Royal Hospital, in con-
sequence of it having been found that the steeple of the
handsome new church now in course of erection on the
Marquis of Westminster's estate in Pimlico, at the west
end of Chester-square, would be greatly in the line of
view, and would effectually prevent its being worked for
the important purposes for which it was erected ; the
Lords Commissioners of the Admiralty sanctioning the
removal on the condition that the Noble Marquis should
be at the sole expense of the removal, and of refitting
the same in its new position. We understand that it has
since been determined not to erect the telegraph on the
roof of the ho-pital, some fresh difficulty having presented
itself, but to remove the whole apparatus to the southern
end of the original building, from which spot it can be
worked without any interruption, the change causing but
very trifling inconvenience to the establishment, and the
position answering the purpose equally well.

We are requested to state, that a paragraph which
appeared in our last paper, copied from the Perthshire
Courier, having reference to the sale of the estates of
the late Lord Lyndoch in Perthshire, is incorrect in
several places. The sales of Lynedoch and Balgowan,
to Messrs. Simpson and Thomson, are made by Mr.
Graham of Balgowan, not by the trustees of Lord Lyne-
doch, and are conditional sales, dependent upon Mr.
Graham's power to sell, which is disputed by the heirs
of entail, and will form a question in the courts of law
—Edinburgh Advertiser.