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

THE LATE BANK FORGERY.-TRIAL OM
BURGESS.

After the verdict had been fully.'recorded by the
officer of the court, and the jury had again expressed
their assent thereto, the foreman (turning to his Lord-
ship) said, "So far as mercy can be.,shovrn in a case of
murder we would wish it to be extended to the prisoners
in the present case !"

The Learned Judge thereupon made a note of recom-
mendation, which cannot but be esteemed a most ex-
traordinary one, in a case of deliberate and diabolical
murder such as the present, in which it is impossible
to observe one single palliating or
_extenuating circum-
stance.

Mr. Justice COLTMAN, having covered his head with
the black cap, thus addressed the culprits :—" You two
young men have been found guilty of a most deliberate
and cruel murder, committed no doubt from motives of
the deepest and most cold-blooded revenge. The jury
have thought proper to annex to their finding a recom-
mendation to mercy ; it will, however, be out of my
power to do more than to lay that recommendation be-
fore her Majesty's Ministers. It only remains for me
now to pass upon you the last painful sentence of the
law, and to entreat you to prepare for that dreadful end
which you must so shortly experience. It is not for me
to extend to you either mercy or hope ; all that now
remains for me is, to direct that for this your offence
you, and each of you, be conveyed to the place of con-
finement from which you were brought here, that you
be taken thence to a place of execution, and that you be
there hanged by the neck until your bodies be dead, and
that after death your bodies be buried within the pre-
cincts of the gaol, according to the form of the statute."
The prisoner Downing, who throughout the trial had
conducted himself in an insolent manner, laughing in a
sarcastic manner at intervals, during the proceedings,
here made a loud protestation of his innocence, and on
being conveyed from the dock, catching a glimpse of
some of the witnesses, looked at them in a menacing
manner, and shaking his fist, poured forth a volley of
threats and execrations against them.
The district from which the prisoners come is de-
scribed as occupied by the most desperate and lawless
set, and has been the scene of more than one fearful
tragedy of late. It is, therefore, to he hoped that the
awful fate of these crimiaals may operate as a warning
to the inhabitants of the district which was the scene of
their atrocious crime.

MIDLAND ClRCUlT.—Nottingham, Dec. 17.
(Before Mr. Justice ParrEsosr.)
Thomas Jackson, aged twenty-one, Joseph Bailey, aged
twenty-one, and William Harrison, aged twenty-two,
werecharged on the coroner's inquisition, held at Newark
on the 27th of Autrust, the former prisoner with killing
and slaying John Toder, and Bailey and Harrison with
aiding and abetting in the same. Jackson and Bailey
were also arraigned upon an indictment, proceeding from
the Court, for the same offence. As against Harrison,
the grand jury ignored the bill.
Mr. WILLaioaE, on the part of the Crown, said tha tas
the bill against Harrison had been thrown out he should
offer no evidence against him on the inquisition, and he
would, consequently, be acquitted.
A verdict of not guilty was according taken in favour
of Harrison, and the case proceeded against the other
two. The prisoners, who were undefended, were mild,
inoffensive-looking youths, in circumstances apparently
of the better order among the poorer classes.
Simon Caunt, sworn, examined—ls an ostler living at
Newark. On the 26th of August he saw the deceased,
John Toder, near the Trent Bridge, and a number of
persons following him. Witness understood there was
going to be a fight, and he went with them in order to
keep them out of a close of his master's. Went into a
field with them belonging to Mrs. Cooke. Saw Jackson
and Bailey there. W hen in the field the deceased and
Jackson pulled off their clothes, shook hands with each
other, and then began to fight. Had previously heard
Jackson say he had ss. ; whereupon Toder said he would
rather fight him for 10s., but as he had only got ss. he
would fight him for that. The men fought for an hour
and a half. Jackson seemed at first to have the best of
it, and then Toder, until within the last six rounds.
Heard Toder say "He would take the shine out of Jack-
son," and after that the battle seemed to go against him.
Saw Jackson in the last three rounds hit Toder several
severe blows on the body. It was a fair fight. When
time was called, Toder said he would give over. lie was
sitting on his second's knee. Jackson went up to him,
shook hands with him, and witness then left the field.
Saw Bailey " hand" or second Jackson for several
rounds, when a man named Elvidge came and took his
place, and Bailey did not do any more.
William Kirby deposed to having been present during
the whole of the tight. Saw Bailey there, He acted as
second in the early part of the affair.
Mr. Justice PATTESON—Were you present the whole
time? Witness—Yes, my Lord.
Mr. Justice PATTESON—Do you know you have ren-
dered yourself liable, and may be indicted for man-
slaughter ? Witness (with a look of ludicrous astonish-
ment)—No, my Lord.
Mr. Justice ParrEsoN—Then you are ; and you had
better understand that every man who is present at a fight
of this description, death ensuing, is liable to be indicted
for manslaughter. Understand that, and recollect the
caution I have given you.
Mary Hanson, an elderly woman, stated the deceased
was brought to her house on the 26th. He was very
bad and never stirred or moved. His head was very
much swollen and bruised. Washed it over with warm
water. The doctor came, bled him, and ordered the ap-
plication of nine leeches to the head. About three in
the morning Toder threw from him a quantity of dark
matter, which she considered to be blood. He died about
seven.
The surgeon who was called in (Mr. Dobbs) de-
scribed the nature of the injuries deceased had received:
there were severe bruises o❑ the face and head, such as
might be produced from blows. Made a post mortem
examination the day following the death. On opening
the scalp found a considerable extravasation of blood on
the left side of the head. There was a large quantity
of blood on the brain. The rupture of the vessels was
the cause of death. Blows given by the fist would
produce injuries of a like nature.
Jackson, in his defence, said the deceased had been
fighting in the afternoon before he fought with him— he
had a black eye, a bruise on the forehead, and his nose
was plugged up.
Mr. Justice PATTECON—You should not have fought
with him if he was in that state.
Jackson—My Lord, he would fight with me.
Mr. Justice PATTESON—You know yea fought fur a
wager.
Both prisoners were found Guilty.
The Learned JUDGE, in passing sentence, said he
wished it to be known that, whenever there was a fight
and death ensued, the parties concerned in it may be
and generally are guilty of manslaughter, even when
proceeding from a quarrel and the passions are aroused,
when it may be almost called natural to fight with
those weapons nature has provided ; but, if death
resulted, it would be manslaughter, though, under such
circumstances, it was not customary to visit it with
severity. He found Bailey had been in prison since August,
and, therefore, had suffered enough; he should, there-
fore sentence him to pay a fine of Is. and be discharged.
With reference to Jackson, who had been out on bail
for some time, the sentence was that he be confined for
two months in the House of Correction, and kept to hard
labour.
This case finished the business of the assize, which has
been very light. The commissions of the city and
county of Lincoln were opened this day (Wednesday).
There are four cases only for the city, and about four.
teen for the county. Of the latter several are charged
with the commission of rather serious offences.

NORFOLK ClRCUlT.—Norwich, Dee. 17.
The commission of assize for the city of Norwich and
county of Norfolk was opened this afternoon by Mr.
Justice Williams, who afterwards attended Divine ser-
vice at the cathedral.
The calendar contains the names of forty prisoners;
among these are, one for murder, nine for the crime of
arson, four for burglary, and other serious offences.
The business of the circuit commences to-morrow
morning at ten o'clock.

CENTRAL CRIMINAL COURT.
OLD COURT.
(Before Mr. Baron ROLFE.)
SHOPLIFTING.—Leah Mary Roper, spinster, aged 32,
was placed at the bar, charged with stealing on the 2d
of December, from Mr. Hardwick, of Holborn-hill, 48
yards of satinet, ♦alue six guineas.
It appeared from the evidence of the shopman, that on
the day in question the prisoner came to Mr. Hardwick's
shop, and bought some articles to the amount of about
Gs. When she had purchased the articles she said she
wanted to go out for some time, and did so, leaving
half-a-sovereign in the hands of the shopman. She re-
mained out for a short time, and returned to take away
the articles she bought. While she was out a piece of
satinet was found to be missing, and the prisoner was
arrested. The satinet was found to have been pawned
by the prisoner while she was out for 41. The evidence
left no doubt of the prisoner's guilt.
The jury found her Guilty, and the Court sentenced I
her to one year's imprisonment, with hard labour.

William Burgess, aged 23, lately a clerk in the Bank
of England, was then placed at the bar, charged with frau-
dulently aiding and assisting a person unknown to per-
sonate an owner of a certain share of, and in a public
stock, value 8,2001, with intent to defraud William
Oxenford thereof.
Mr. J. S. WORTLEY (with whom were Mr. Adolphus
and Mr. Clarkson), stated the case for the prosecution
He began by saying that the jury, as commercial men,
would give that consideration to the case which its im-
portance required. He would beg of them not to be
swayed by anything which they might have heard here-
tofore with respect to this case. The prisoner had been
a clerk in the Bank of England for about four years,
and that situation gave him facilities for committing the
fraud for which he was now being tried. The Learned
Gentleman then detailed the manner in which transfers
of stock took place, and said the prisoner had made use
of most ingenious means to defraud Mr. Oxenford of
8,2001. The Learned Gentleman then went over the
facts of the case as detailed in the following evidence:—
Wm. Smee was the first witness called.—l am the chief
accountant at the Bank. I produce a copy of the ac-
count of William Oxenford. I look it from the ledger.
On being cross-examined by Mr. BODKIN (who, with
Mr. Charnock, conducted the defence,) the witness said
the copy was accurate in every respect.
Re-examined—The prisoner had assess to all the
books in the Transfer-office. He was employed for
some time in the Bank. He obtained leave of absence
from the 3d of September to the sth. The prisoner did
not return on the sth.
William Oxenford was then examined—l live in
John-street, Bedford-row. I was formerly in the Cus-
tom-house. I had 8,2001, in the Bank on the 3d of Sep-
tember last. I never transferred or consented to transfer
any part of that money. I never signed any document
for that purpose. I don't know the prisoner at the bar,
or a person named Joseph Elder. I never wrote this
name—it is a forgery.
Cross-examined by Mr. BODKIN—I always received
my dividends personally.
Richard Blore examined by Mr. CLARKSON—I am
one of the clerks in the Consol-office. I know Mr.
Sutton, a clerk in the office. I got from Mr. Sutton two
tickets, which I produce. I cannot say whether Ire •
ceived them from Sutton or took them out of the box.
The prisoner was there. He told me to transfer two
tickets in the name of Oxenford. I said I had transferred
them. He asked me to enter them immediately as Mr.
Oxenford was waiting. I proceeded to do so in the
transfer-book. While the prisoner was waiting I asked
him if he knew Mr. Oxenford. He said he was an old
friend of his. I said he must be getting an old man now.
He said he was. When I completed I asked where Mr.
Oxenford was. He said he was outside minding his
horse. That, he had himself got an " early-
off" that day, and they were going down to Gravesend.
together. He then went out and returned with a gen-
tleman. He then asked who would witness the transac-
tion, for that is usual at the Bank. The prisoner took
the book to Mr. Ingall, another clerk in the same office.
I then heard him say to the person whom he brought
with him, " Come along, William, it is all right." I did
not witness the act of the transfer of the stock. I after-
wards accompanied the officer, John Forrester, to the
United States, on the 18th of September. We went to
Boston. I found Elder in Federal-street, in that city.
That was at the end of October. He went there Limier
the name of Ellis. I recognised him as the person who
came in with the prisoner, and represented Oxenford.
Forrester asked him his name, and said, taking him by
the coat, " Your name is Joseph Elder, you are a native
of London." He was then taken into custody.
James Sutton examined.—l em a clerk in the Consol-
office. I compared the two tickets with the account of
William Oxenford, in order to enter them.
Thomas Ingall—l am a clerk in the Consol-office. I
was there on the 3d of September. I remember seeing
the prisoner then ; he was a few feet from me. There
was another person with him. I did not know who he
was. The prisoner said to me " Perhaps, Mr. Ingall,
you will see these." He had the transfer receipts in his
hands. The book was on the counter. I took the re-
ceipts from him. The person whom he brought then
signed the transfers. He signed the name William
Oxenford. The prisoner read the amount from the book
while I had the tickets and the names. The prisoner
signed his name, to witness the identity of "John Oxen-
ford." The book was turned round to me, and I found
that the names were all properly signed. I then signed
my name, and gave away the receipts.
Cross-examined by Mr. BODKIN—I do not recollect
seeing the receipt signed by any one. I witness receipts
of the kind without seeing the parties sign ; that is fre-
quently the case. Ido not see them actually sign, but
they present it as their receipt. I assumed this receipt
was right, and I put my name to it. Mr. Bord was six or
seven feet from me. There was nothing in this transac-
tion to call my particular attention to it.
Thomas Tokely—l am a stock-jobber. I know the
prisoner personally. He called on me in August, and
stated that he bad a friend who had 8,2001 stock which
he wished to transfer. On the 3d of September he
brought me a ticket filled up in the regular way,
for the sale of 8,2004 I passed the ticket to Clement
Smith, a stock-jobber. We agreed as to the amount of
the purchase ; 984 was the price of the day, that is in
money 8,107/. 15s. I afterwards received from Mr. Smith
the receipt. It was not signed when I received it from
Smith. I saw him afterwards, and got the two receipts
from him. They were properly signed, and witnessed
by the clerk. There was a person with him. I gave the
receipts to Smith to get the money. The prisoner said
he would wait for the money at the Auction Mart Cof-
fee-room. I got the cheque handed to me from Henry
Smith, the son of Clement Smith, and a 100/. note, a 51.
note, and 21. odd in cash.. I took the money to the Auc-
tion Mart Coffee-room. Burgess took the money, and
the person who was with him took the cheque.
Cross-examined—lt appeared to me to be a fair and
regular transaction.
Clement Smith—l am a stockbroker and jobber. The
last witness applied to me, on the 3d of September, to
purchase 8,2001. I was to pay 8,107/. 15s. for it. I
know the prisoner. I went to inquire about him. I
found he was not there, and was not likely to be there.
Charles Cheetam Laurence—l am cashier in the bank
of Lubbock and Co. About twenty minutes before two
o'clock on the 3d of September a cheque was brought to
me for 8,0001. The prisoner was one of the persons who
brought it. ,He was accompanied by an elder person, who
had a carpet bag. It is usual to ask the name of the per-
son presenting such cheque. I did so on this occasion.
The prisoner said Oxenford. I asked how they would
have it. The prisoner's companion said all or part in gold.
I said they had then better have large notes, which they
could get changed at the Bank of England. I then gave
them eight notes of 1,0001. each. I gave them to the
prisoner's companion.
Hickman, a clerk in the Bank of England, proved
that those eight notes were presented to him on Tuesday.
The person presenting them said his name was Oxen-
ford. He gave,the order for giving gold for the notes. He
saw the person who presented the notes emptying the
gold from the 1,0001. bags into two larger canvass bags,
which he had with him. He had a carpet-bag ;it was
like the bag now before the Court. The person was about
forty-five years old, of a ruddy complexion. He had
two porters who helped him to take out the bags. This
was about two o'cJock in the day.
Thomas Agar—l am a teller in the issue department
of the Bank. I got an order to get gold to the amount
of 10,0004 I got it in ten bags of 1,0001 each. I was
desired to pay 8,0001 of it. The person to whom it was
paid had a carpet-bag and two canvas-bags. He 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 1,000/. to the issue depart-
ment. The person who was to get 6,0001. 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 Cornbill 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 carne there
on the 2d of September. He asked the price of a
portmanteau ; he was told 3/. 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 am 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 I 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
übl
i ch aboutuse .
I ten
didn
Burgess had. He afterwards came and took away
the bird, and subsequently his umbrella, 1 taw them
together
o'clockot seeat tthehemGetoogrgeethlerlowonn send
pthe
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 jae w bropht Up at the Mansion-

William Goodered Baker, Alexander Masters, and
others, gave the prisoner a good character.
Mr. Baron ROISE summed up the evidence, and the
jury, after a quarter of an hour's consideration, re-
turned a verdict of Guilty.
Mr. Baron RoLrE 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 very 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.

NEW COURT
(Before the RECORDER and Alderman Humus.)
John Goody, a respectably-dressed young man, was
charged with having stolen, in conjunction with others,
not in custody, a tub of butter, value 31., the property of
H. Musselwhite.
The prisoner's participation in the robbery, which was
ezecutcd with torch adroitness, was prom! to the 84087
faction of the jury, and they returned' a verdict of (uilty.
The prisoner, it appeared had been convicted at the
Surrey sessions, for stealing lead, and was sentenced to
six months' imprisonment and hard labour.
The RECORDER said he had been convicted on the
clearest evidence. The court had the power of *ending