The Sun.
London, England, 1844-04-13 00:00:00

THE SUN, LONDON, SATURDAY MORNING, APRIL 13, 1844.

THE WILLS FORGERIES.

CENTRAL CRIMINAL COURT.
OLD COURT.

CONTINUATION OF THE TRIAL OF BARBER,
J'LETCHER, AND MRS. DOREY.
At tell o'clock Mr. Justice Williams, Mr. Baron Gur-
ney. and Mr. Justice Mauls took their seats on the bench.
The names of the jury having. been called over,
Mr. William Smee was examined by the ATToSNEV
GEXERAL—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-eta-eft, Camberwell. I made the transfer in) se r:
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 hare an entry here made by 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 fo; 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. WILKINS—I 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.

The letters wero then read. The first was dated
Sept. 8, 1840, signed W. H. Barber, and directed to
R. H. Strode, Esq. It stated that the writer had been
employed by Miss Stewart, sister of J. Stewart, deceased,
and asking for the stock receipts and other documents of
the deceased. The other was Mr. Strode's answer, dated
Tunbridge Wells, and stated that the papers of his late
gardener, Stewart, were in possession of his solicitors,
Messrs. Pickering, to whom he referred the applicant.
Cross-examined by Mr. Wimuxs—l did not keep the
letter of the 11th September, referred to in my answer.
Neither Mr. Barber, nor any other person, applied to me
for the arrears of wages due to deceased.
By Mr. GRAVES—I put the grave-stone over de-
ceased. The inscription was correct. He appeared
about sixty. I paid for it out of Stewart's money. I
do not know that Mr. Cockspur, the vicar, ever had a
box belonging to Stewart in his possession.
Re-examined by the ATTORNEY-GENERAL—The age
stated cn the grave-stone was sixty-five. I think he
was that age, from what I have heard about the time he
left Scotland.

Edward Thompson, examined by Mr. CLARKSON—
I am one of the firm of Pickering and Co., solicitors, Lin-
coln's Inn. We are concerued for Mr. Strode. I heard
from Mr. Strode of Stewart's death in 1840. After
that applications were made to us on the subject of his
property by the prisoner Barber. The first application
was on the 19th of September, 1840. lle called. He
afterwards produced letters of administration. He
wanted me to give aim information respecting the pro-
f erty of the late John Stewart. He said he applied on
behalf of the sister. I told him I knew there was no
sister, and that I had always understood Stewart
had no relations whatever. He asked me for the
stock receipts which had been given me by Mr. Strode.
I told him I should give him no information, as I was
not satisfied. He said the Prerogative Court was satis-
fied, and had granted letters of administration. I said I
knew Stewart had no relations, and would give him
no information. He said that an affidavit had been
made ; I asked to see it. He said it had been filed, and
he would show me a copy. He said the sister was an
old woman, and had just returned from America. I asked
to see her. He said she was very infirm, and could not
come. He called ca the 24th with a copy of the affidavit.
There were no certificates with it, although referred to
in it. He said they were filed. I refused him informa-
tion, and said we were so perfectly satisfied that Stewart
had no relations, that we would give him no information,
except he produced perfectly legal evidence. He ap-
peared much surprised. I have a clerk, named Besant,
who was present at some of the interviews.
A. S. Besant—l am a clerk in the office of Pickering
and Co. I was present at an interview between Barber
and the last witness, on the 24th September. On the
Ist October following, Barber called at the office. I told
him the affidavit he had left was not satisfactory, and
pointed out in what I considered it unsatisfactory. I
believe the affidavit was taken away that day by Barber.
I told him that this meeting at the Bank with her
brother, alluded to in the affidavit, should be better ex-
plained. It was an odd place for them to meet. I re-
quired information as to where deceased was born, and
where he went to school ; and I said it was odd that this
lady having come from America, should have sent a
person to Marlow instead of going herself. I alluded
also to the want of certificate. He appeared much sur-
prised, and asked what would satisfy us? I said, in-
formation that the sister could very easily give if we
could sea her. He said we could not see her, she was
indisposed. At his request I made a memorandum of
the information we required, and gave it to him. He took
it, and said he would get the information we requested.
Ile never called again. We received °this letter from
him. dated Oct. 31. (The letter having been preyed as
to the writing, was read. It requested Mr. Strode, the
client of Mr. Pickering, to inform the writer what sum
was due to the late J. Stewart, whether for wages or
otherwise.) This is a copy of our answer, dated Nov. 13,
1840. (It stated that the writer begged to inquire who
Mr. Barber's client was, and by what right that client
iaterfered, and that if on behalf of the person alleging
herself to be the sisterof deceased, they were not satisfied
she was the sister, and should not attend to the application.)
On 4th November we received the following letter from
Mr. Barber.—(This letter stated that his client was the
administratrix and sister of the deceased, and that he
had shown to them the letters of administration, and
stating that the Beek Direetors had admitted the claim
of Mrs. E. Stewart, and had transferred the stock to her
name, and that, therefore, she was entitled to the infor-
mation she required, without being driven to the ex-
pense of adverse proceedings.) This is our answer to
that application.—(lt was dated 6th of November,
1840, and stated that when they were satisfied
that Elizabeth Stewart was sister of the intes-
tate, they would give every information, and re-
quested answers to the queries which had been pre-
viously put to him.) We heard nothing more of Mr.
Barber after that letter. The queries were, where was
deceased born ? Where did he go to school ? When
did he leave home ? Which of his parents was alive at
that time.)
Cross-examined by Mr. WILKINS—I do not recollect
hearing Mr. Barber say the certificates were filed. If I
had I should have known where to find them at the
Prerogative-office. We had one trifling transaction with
Mr. Barber since. About a year ago he was concerned
for a person against whom we had brought an action.
Re-examined by Mr. BODKIN—There were no office
copies of the certificates produced.
Mr. WILKINS—It is not usual to give office copies of
exhibits.
Mr. Seaton, of the Prerogative-office, recalled—lt is
usual to give office copies of the exhibits, if they are
asked for.
At this point of the proceedings the Court adjourned
for a few minutes, for refreshment.
On the re-assembling of the Court, the first witness
called was

To Mr. WILKINS—The entry in the Bank-book is
Kot 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. Or that there is no doubt; such is the
practice of the Bank.
The ATTORNRY.GENERAL then put in a letter signed
by Elizabeth Stewart requestine, tha re-transfer of the
,toek, which was read by the Clerk. It stated that
application would have been made long before but th3t
the writer was in America, and had not heard of the
•tlearh of her brother John Stewart. till many years after
lit had occurred.
Tile rezister of the marriage of John and Janet
Stewart, in the parish of Callendar, PertlishireAon the
176 i 41 October, 1756, was then put in and read. The
certificate of the burial of John Stewart, in Great Mar-
low. by the Rev. Mr. Coxwell, on the 19th March, 1827.
also put in and read, as wt 11 as a letter from Mr.
Coxwell to Mr. Barber, stating that on the gravestone
of the deeeased John Stewart was of the age of 65 ; thst
he did not know of his hating made a will, and did not
know anything 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, exarained
—My office, in 1840, was in 23, Threadneedle-street. I
know-the prisoner Barber. In October he called at my
ofli •e, and requested me to accompany him to the Bank
to identify him. I did so. We saw Mr. Gray, the
•lleputy-Accountant. I saw a female there, in dark
clothes. She was between 40 and 50, I think. She did
not appear to be feeble. I don't think she was an aged
person, but the time is long passed, and I do not well rc-
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 me as Mrs. or Miss Stew-
art. The usual document, " Wm. H. Barber known to
me," was then given to me, which I signed.
11r. Donald was called, and proved that the signature
" W. H. Barber," to the document aas 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
51t. Long Annuities out of the narne 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,
sad 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 652/. 9d. I afterwards disco-
vered that I had paid him 31. 3e. 9d. too much. Instead
of being sold at 121, it had been sold at 12 11-16ths
only. I then went to see Mr. Barber, but Could not End
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 were " silly country
eople, and were alarmed at the rumours of war with
.Wrimee which then prevailed." I asked him for the ad-
dress of Elizabeth Stewart, and sent a letter to her by
m,y clerk, but it was returned. I afterwards got the
31. 3s. 9d. from Barber.

Crosa•examined by Mr. 177flaciNs—I was a member of
the Southwark Literary Society, and Mr. Barber was a
,member of the committee. As far as .1 know he always

snood high in respectable society. The Committee was
fumed of some of the first men in the Borough. Lord
13.rougham had presided on one occasion at a meeting
the Society. My memory is not distinct about the
tessale'e appearance, but to the best of my recollection
she did not emceed 50 years. I have seen Lydia Saun-
ders and Mrs Dorey.
Re-examined-I—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.
11r. Harding—l was a cashier in Sir J. LubboA's
blek.;:., I paid the cheque produced in gold. 652 eove-
rogea, or sovereigns and balt.sovereigns.
Mr. Tillotson, clerk in the public drawing-office of the
Bank of Nigland—l have an entry of the 17th October,
1840. The .order of the chief cashier, dated the 22d
October, is for the payment of 7291. 10s. I paid the
nr.ney, 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 per.on who re-
ceived it.

John 'ladling, examined by Sir J. BAYLEY—I am n
years of age. I live in the parish of Crichton, in the
county of Edinburgh. I knew John Stewart. I knew
him all my life. He was a gardener, and worked with
Mr. Paterson. He worked with him many years. Pat-
erson had three sons, John, William, and James.
knew John Paterson, the son, first, when he was about
fourteen years of age. He went into the west country
to some nobleman's house. He was a gardener. John
Stewart went from Crichton to Phantasie, and lived with
Mr. Rennie. I never heard John Stewart mention any
family that he had.
Cross-examined by Mr. GRAVES—Stewart is a
common name in Scotland. I never knew but one John
Stewart. I never saw him at Phantasie. I never saw
J. Paterson, the son, after he left Crichton.
Re-examined by Sir Josue BAYLEY—It was about 30
years ago that John Stewart left Crichton.
I John Withersperne, examined by Mr. BODRIN—I re-
' sided at Kigdore in Scotland. I know the last witness.
I lived once at Phantasie, in Preston Kirk. That a as
52 years ago. I knew a John Stewart living there with
Mr. Rennie, in the same service that I was in. He lived
there a twelvemonth. Phantasie is IS miles from Crich-
ton. Stewart was at Phantasie when I left. He had
very few relations that I understood. He said he hal
one brother named James. He never spoke about any
sister. I was very intimate with him, lie
went over with me to Haddington, en the road to
Crichton, when we went home for our certificates, and we
returned to Phantasie the same day. I do not remember
his shun ing 1119 his certificate. He came to pay me a
visit before he left Phantasie. He left soon after that.
I did nut see him start. He was eight years older than
I am. My age is seventy-four. He was about thirty
when he left Scotland. I have never seen him since.
Joseph Lockhart examined by Mr. CLARKSON—
I was formerly a gardener. I reside at Wimbledon.
I was acquainted with John Stewart, a gardener th' ra,
between 40 and 50 years ago. Hy always was considered
as a native of Scotland. "He lived with John Shelley, Esti:,
at Wimbledon. John Paterson was working under him.
I was intimate with him. I saw him occasionally until
nearly his death. I knew him arrlysoarawi,thantwdotMher.oStthreodr east,
lu,nocrlteGaarnddenn.
nephew
—ed°lecaasitonally to call on me at Wim-
bledon. I once saw John Paterson's father. He came to
see his son at Wimbledon, when he worked for this John
Stewart. Old Paterson and John Stewart appeared to
be acquaintances. I never heard John Stewart mention
his family but once. He said he had no relations living
that he knew of ; he never had but one brother ; he had
gone to the Indies, and had not been heard of for twenty
years, and therefore be supposed that he must be dead.
He never said that he had ever had a sister.
I Cross-examined by Mr. GRAVES—I never was at Mr.
Strode's.
James Gudge examined by Sir J. BAYLEY—I am the
clerk of the Journals of the House of Commons. This
i It thceonJtoatiinrsnaalnofentey Hofoutsheeo Commonsf o f
oMf asy,erlakBH3e9r..
i •
appointmentwasa
lted p
Charles Shaw Lefevre, E;q.,
continued as Speaker in 1840. (The Act of'
appointing the Commissioners for the ReducTieoarnkleioam: Parliament
et
i National Debt was putin.)
Mrs. Jane Burn—l reside at Falmouth. I know Mr
Susanne Richards, who was married at Falmouth s.
more
than 30 years ago. I saw her once after she became
widow. She bad just returned from Lisbon. I do not
a
know Mrs. Dorey. The children were young when they
I left Falmouth. She had three daughters, Lydia, Su-'
sanne, and Georgiana. Mrs. Richard's name, before
she was married, was Crane. Her father was e, soldier.
Cross-examined by Mr. JAMES—I never spoke to her
father.
J. H. Genn produced the copy of the marriage certifi-
cate of Mrs. Richards, at Falmouth, which, however,
was not received, as it had not been properly compared
with the original.
Thomas Griffin, a tailor, resided in Oxford-street some'
years ago. The prisoner, Mrs. Dorey, lived in the
same house with her mother, Mrs. Richards. The
Saunderses also lived in the same apartments. A child
of Mrs. Richards died there, and the wife of witness
assisted to lay oat the child. That was the first of his
acquaintance with them. He went afterwards to live in
Gilbert-street, and subsequently to No. 34, Duke•street,

hit.. Donald recalled—The words
eademvinistrate:::,
Soathampton-terrace, Camberwell," I Lli e to ba in
he handwriting of Barber.
Mr. Tillot.lon re-called—l paid the order 630/. in
ij ow. The remainder I did not pay.
r• C. Hillary, another Bank clerk, paid ROL le?.
in tf ld and silver,
T.ilotson again recalled, and proved the numbtr
of the ne tee.
Joseph ;)rimer, an in-teller of the Bank of England,
exatnined—On the 2d November, 1840, I exchanged for
gold some Bank of England notes in the name of Stewart.
There ere four of 400/. each, three of 201., eight of 101,
and six of Lt. The amount of all was 5701. I tiled them,
and another clerk came down and took them.
w. P. Ord examined—lu 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 ti:e
.of Mr. Durmer. They were entered in his book in the
•n me of Stewart. I have the particulars of the notes.
Ssfr. Grattan was recalled, and proved that the name,
" 13i,e.abeth Stewart," on the notes, was in the hand-
-4tvritio. of Joshua Fletcher.
James C. Strode, examined by Mr. CLARILBON—I for-
:Geri), resided at Port-garden, Great Marlow. I had an
Ile at Tyam Inn Lodge in 1800. He had a gardener
nau,`,l Stewart. My uncle died in July, 1809. Sir Simon
.La Woe bought the (mute in 1811, and Stewart re-
xnained with him. In 1820 he came to reside with me.
He died in :4327, and I put up a atone to his memory.
He told me 1:e had no relation but one brother, who
lived in Scotland, and of whom he had not heard f.r
many years. After his death some of his papers c2me
-.into my hands. Amongst them I found stock receipts
amonting to 511. Long Annuities. I know the hand-
writing of Stewart. The indorsement on one of the
.‘ my own private affairs," is in his han
writing. The papers are as they were when fourA
They were in a tin case.
Cross-examined by —asvxa_.l canna recollect
-by \Vbon3 they were given to me, but it was by one of
Tay apevants. I believe Ia as absent when he died, but I
resumed the following day.
Air, John Hunter, the sessions clerk of the Cannon.
gate, Lu Edinburgh, produced a book containing e
minutes of the proceedings of the Kirk Sessions.
Mr. GEAVES objected to the evidence. The period
• about which the witness was to speak was sixty-two
ago (3lay 27, 1782), and the witness had statel
Le was only lift nine Be could not, therefore, speak
that period, excep from what he found
to anything of
-iu the book, which was not admissible.
The ATTOI2IO.:Y-OZNERAL argued that the book was
id ssible, to siegNY who &Heti certain offices at a particit-
Lu pvi.lod long since 1,-"8, witness)—Does the hook ed• con-
o o
g r. b,..ron GURNEY (t
tain any e,ezister of births and marriages? Nl,itness
No, ray L(..rt.:.• Those are kept in separate volumes.
• of sionthesChurch of
This contains th.: minutes dale K partes •
Mr. Baron Gnarl:or—That is a
,Lord.
IN.: 'Aland? Witness—Yes, my
:2•:v. Baron GVENNY said that, if the evidence was not
of in., 'ortance, it would be IPtter not to press it.
The .ktrroRNEY-GENURAL said it was a watter of very
consich.r,i,:,,te importance.
After soote further discussion,
Mr. Baron (luaNay asked Mr. Strode if all those
'papers were ill the tin case on the day after Stewart
de.stii?

Mr. STRODE repgesi that. Stewart had died on the
Tuesday night ; that the• box had been delivered to him
(the witness) on his retorn on the Wednesday night
following., when the tin box- was delivered to him con-
taining all the documents it ot present contained.
The paper proposed to bt, 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
knirt of Kirk Sessions was a public Court, recogni,ed
b r law.
The Learned Gentleman then recalled the witness
111.10ter, who stated that it Wai usual in Scotland, on a

person leaving a congregation, to give him a certificate, I Grosvenor square. In 1840, Georgians Richards, now
signed by the elders, if he asked for it, and that the Mrs. Dorey, called upon him there. She asked him to go
certificate so obtained would admit him as a member of with her to the Stamp-office, to make inquiriesrespecting
another congregation. some property belonging to a brother of her mother's,
The ATTORNEY-GENERAL tendered the document in who had been dead thirteen or fourteen years, although
evidence, in order to show that, in 1782, John Stewart her mother had been unable to do anything about the
had obtained such a certificate from the Kirk Sessions, property for want of money. Witness agreed to go with
and that, consequently, he must, at that time, have been her, but said that he should expect to be paid for his
a member of that congregation, which would show where time. She told him it would be necessary for him :o
he was at the time, and how connected with Scotland. i sign some papers, and she would call again when thiy
Mr. Baron GURNEY said the Court was of opinion that were ready. At that time she said nothing about Cam-
the document could not be received in any shape. berwell. He afterwards received a message, in consequence
Mr. Strode recalled—l never recollect to have seen of which he went to St. Paul's Church-yard, andthere met
Barber except at the Mansion-house. In September, the old lady. She then told him that the propert.7 she was
1840, I received the letter produced. going about was left by her mothei's brother, who had
Mr. Donald recalled, proved that the I<-tter was in the been a gardener with a gentleman in Berkshire. The
handwriting of Barber. j old lady was the person whom he had known as Mrs.
In answer to Mr. WiLsitis, the witness stated that I Richards, the mother of the prisoner Dorey. There
Barber banked at the Bank of England, and that his j was a gentleman with her. She told him that a gentle-
account was generally very low. Witness does not know man named Fletcher was the friend who advanced her
the handwriting of M'Namara, a clerk in Barber's office. the money to recover the property. They then went to
Mr. Strode recalled—This is the answer I wrote to I the !proctor's office.
that letter. Mr. GRAVES objected to the admission of statements

made by one prisoner in the absence of the other, who
would be affected by the statement.
Mr. Baron GURNEY said it would be sufficient to con-
fine the evidence to facts, without those statements.
Examination resumed—On going to the proctor's of-
fice, he there signed a bond, which was the one now
put into his hands. About a fortnight after he received
another message, in consequence of which he went again
to St. Paul's Churchyard, where he met the old lady, accom-
panied by the prisoner Fletcher. She said she wanted
witnesses to complete the business. They then went to
the proctor's again, and when they had been in the
outer office some time, a gentleman came in, whom
Mrs. Richards described as her solicitor. That gen-
tleman was the prisoner Barber. The latter went
into the inner office with Mr. Pott. Witness
went into the inner office afterwards, and put his name
to a paper.—(The paper was here presented to the wit-
ness, and recognised by him.) He was sworn to the
truth of that paper. After he had signed the paper,
and sworn to it, he received a sovereign from the old lady,
and a shilling to ride home. In six months afterwards he

received a letter, inclosing another one, which was ad-
dressed to Mrs. Dorey. Barber was not present when
Mrs. Richards said he was her solicitor. The letter he
had just spoken of was from the Stamp. office. He did not
do anything inconsequence of that letter. But he afterwards
received a second and then a third letter, in consequence
of which he went to Mr. Pott. He then went to look
for Fletcher. In consequence of what he heard at Bar-
ber's he went to 14, Southampton•terrace, Camberwell,
but he did not find either Fletcher or Mrs. Richards.
Subsequently Mrs. Dorey called upon him to ask for the
letter he had received from the Stamp-office, respecting,
her uncle's property. He expressed great disappoint-
ment that they had not paid the stamp duties, for which
he was answerable. She told him where she lived,
in Dean-street, Soho ; and said that she would
take care he should have no more trouble about it.
He afterwards received another letter from the Stamp-
office, which he took first to Dean street, and then to
45, Oxford-street, where Mrs. Uorey was then living,
having recently been married. Mrs. Dorey requested
him to take the letter to the solicitor, Mr. Barber, who
told him that he had been to the Stamp office about the
duty being paid, and that witness should hear no more
about it. Witness had not since received any further
communication from the Stamp-office. Got more money
for what he had done.
The COURT—How much? Witness-10/. from Mrs.
Dorey. The paper now put into his hand was read over
to him, in Mr. Pott's office, before he swore to it at the
Prerogative-office.
Mr. CLARKSON—Was the affidavit which you swore
to on that occasion true or false ? Witness—l do not
know that the whole of it was read over to me.
Mr. CLARKSON—Did you know these people as long
as you swore you did ? Witness—l did not.
Mr. GRAVES—Do you swear that the whole of the
affidavit was not read over to you by Mr. Pott's clerk ?
Witness—l do not think I would have sworn to it, un-
less it had been.
Mr. GRAVES—Did you not know you were sworn to
the tnith of the affidavit, and do you mean to say that
you took your oath to the truth of the contents of that
affidavit without knowing what they were? Witness—
I believe I did.
Mr. GRAVES—Do you not know you did? Witness—
I did, but I thought it was only a matter of form to com-
plete what had been done before.
Mr. GRAVES--Do you believe in a future state of
rewards and punishments?—No answer.
To Mr. PIIINN (for Mrs. Dorey)—Had been intimate
with the Richardses from the time they lived in Oxford-
street in the same house. Had often heard them say
that property belonging to them had been lost. Miss
Richards was very obedient to her mother. [The wit-
ness was frequently reproved by the Bench for the indis-
tinct manner in which he gave his evidence.]
Mr. Geun was recalled to prove the marriage certifi-
cate of Thomas Richards and Susannah Crene, at Fal-
mouth, in 1785, and also the certificate of baptism of
Georgiana Richards, on the 23d April, 1802.
Mr. Frederick William Pott examined by the ATTOR-
NEY-GENERAL—Is a proctor in Doctors'-commons.
The business in respect to the will in question was tran-
sacted with his clerk, Mr. Keene.
To Mr. GRAVES—Did not read over the affidavit, or
the draft of it, to the last witness, Griffin, but heard it
read over to him. Witness, with his clerk, examined
the affidavit with the draft.
To Mr. WILKINS—Before Barber came to the office,
all the preliminary part of the business had been cbrn-
pleted, and an affidavit, which witness thought would
have been sufficient, had been prepared. Witness saw
Mr. Barber but once in the transaction, and considered
his conduct strictly professional. He recollected that
some certificates of marriage and baptism were filed with
the affidavits.
To the ATTORNEY-GENERAL—The affidavits were
read several times, for the purpose of comparing the affi-
davit with the draft, and also to make it clear to the
parties what they were going to swear. He could not
say at this remote period how many times it was read.
He would not be precise at this remote period. It was
an ordinary transaction, so long back as 1840 ; but it
was an invariable practice to read the affidavits to the
parties, and in this case more than usual care had been
taken, as one affidavit had been sent back by the re-
gistrar two or three times.
To the COURT—Mr. Barber came to witness in conse-
quence of the difficulty of getting the affidavit passed.
Edward Parker Wolfe had been acting as solicitor for
Mrs. Dorey. At her desire he transmitted the state-
ment now placed in his hand to Mr. Freshfield, the so-
licitor for the prosecution.
The ATTORNEY-GENERAL said that there were parts
of the statement which related to cases not now before
the Court, and he thought it was desirable to read only
those parts which related to the present case.
The COURT thought that it would be best for, the pro-

secution to read those parts which they thought appli-
cable, and if the prisoners thought fit they could have
any other parts read. The jury, however, would bear in
mind that they should not receive as evidence against the
other prisoners anything that was said by one of them in
the absence of the others.
The following statement by Mrs. Dorey was read by
the Clerk :
" It is now about 14 or 15 years since I first became
acquainted with the prisoner Fletcher, who was then
living in the London-road, and practising as a surgeon,
having a chemist's shop there. I was then residing in
Portland-street. I cannot speak with certainty of my
see; to the beat of my belief I was about 18 or 20. Both
Fletcher and his wife expressed a great partiality for me,
and I bectuna a frequent visitor at their house. They
Introduced me to a Mr. Stokes, and represented him as a
gentleman holding a situation in the Bank of England.
Some time after my intimacy at Fletcher's, he and Stokes
solicited me to go to the Bank; they said if I would only
sian my name and address for them, as a hondswoman,
they would, and did, give me 501. I wrote more than
signing my name, and went to the Bank, I think,
more than once with them, and to the Commons. I did
not understand the matter at all. Fletcher and Stokes
took the money in their possession that was paid at the
Bank and afterwards went to an inn with a Mr. Pizely
(or Pizey), Mrs. Fletcher, and myself. After a long
conversation between Fletcher, Stokes, and Pizely, the
latter left tee We then got into a coach, and returned
to Flatcher's residence in the London-road. I gave the
money I received from them to my mother. I was at
the time living with her, my sister and her husband, Mr.
Sanders. Neither of them knew that I had any money
at all given to me by Fletcher. I remained on terms of
friendship with Fletcher for some time. I cannot speak
of dates withetny certainty ; but I know it continued up
to the Christmas following the trial. Mr. Fletcher in-
duced me to enter against Mr. Taylor for breach of pro-
mise of marriage. Sometime previously to the trial my
daily avocations called me from home. On my return,
after exchanging visits with them, Mr. and Mrs. Flet-
cher said to my mother and myself they could do much
better for us than my being in the Pantheon. On our
inquiring how, they said Mr. Fletcher had a friend in
the Bank of England that enabled him to get money,
and he could get some for us. We again asked in what
manner ; but they did not explain beyond Mr. Fletcher
observing to my mother, that if she would place herself '
under his instruction and direction, he would do well for
her, and asked her if she would do as he wished in
every thing. She said she would, after Fletcher saying
he would guarantee that she should do nothing but what
was right. After this, Fletcher explained what he meant
by saying that there were many sums of money in
the Bank of England without any claimants, and
which were in the hands of the Commissioners ; and,
us there were no relations left to claim them,
they belonged as much to the public as to them
(the Commissioners) ; therefore he would represent her ,
as a relation to some person deceased, who had left
money unclaimed, and one of the clerks who stood high
in the Bank of England would supply him with all the
information requisite to take the money. Fletcher then
mentioned the name of Stewart, and said that a man of
that name had been dead some years, and left a sum of
money which, by my mother being represented as
Stewart's relative, could be easily obtained, but that she
must place herself entirely under his direction, and leave
her home for a short time, and go to a lodging which he
would prepare for her. My mother assented, and promised
to do as Fletcher directed. He asked if I knew any friend
that would take care of any letters that might come through
the post directed to a Mr. Jones. I mentioned Miss
Hawkes, and afterwards asked her if she would take
care of such letters if directed to her care. She said
she would, and the letter (or letters) she brought to me,
r
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passed us. When Mr. Fletcher returned, Mrs. Fletcher
told him Mr. Christmas had passed us, and we pointed to
the office he went in. Mr. Fletcher went after him, and
after being absent some time returned, and we left the bank
together, Mr. Fletcher observing, I might be sure the
;gentleman I had seen would not risk the high situation

he held by giving information for him (Fletcher) to act
on it if it was illegal. Fletcher took a lodging for my
mother at a shop in Southampton-place (er terrace)
Camberwell, in the name of Stewart, and my mother
went and lived there in such name ; and I, by Fletcher's
direction, visited my mother as her niece. He said he
would not do anything for me if I did not give up my
business in the bazaar; if I would do sohe would establish
me, with his daughter, in some first-rate business
at the West-end. I consulted with my mother about it,
and she thought it best for me to do as he wished.
I therefore disposed of my stock in the best manner I
could, and quitted the Pantheon, relying solely on Mr.
Fletcher's promise of doing better for me. To revert to
my mother's case. Fletcher expressed his regret at not
having a person at command who would say that he or
she had known my mother as Miss Stewart and sister to
the deceased, and in other respects to establish my
mother's identity as such. On my asking him how it
was he did not know of such a person, he said the fact
was he had employed all the persons he could in that
way; that during the period of our not being on
friendly terms he had had two rich cases, in one of
which he was the principal, in the other he had
only a share, but that he realised a large sum of
money by them ; that a man named Briggs and
his wife were the parties employed to tyke the cases.
Fletcher said he had taken lodgings for Mary Briggs
(the wife of Briggs), and that he mentioned these eases
to assure my mother that she was not endangering her-
self in any way. On my mother saying to Fletcher she
knew a tailor that was much reduced in circumstances,
he said " Tell him you will give him 10/. to identify you
as Miss Stewart, and sister to the deceased Stewart."
Fletcher wrote out an account :or my mother to make
herself perfectly acquainted with, and desired her to
give it to Griffin after she had done so, that he might
know what to say as to the particulars of the matter ;
at the same time she was to impress on Griffin a belief
that Stewart was her family name. My mother sub-
sequently saw Griffin, the man now in custody on this
charge, and made the proposition to him, which he
accepted. She told Fletcher that Griffin was quite
willing to the proposal ; he (Fletcher) then said, that
that was all he required, as Mr. Barber and himself
would manage all the rest. I cannot say how long the
case was in hand ; Fletcher was fearful my mother
would not live to go through the business ; he took her
medicine nearly every morning ; she was then about
71 or 72 years of age. I do not know of any other
inquiries being made respecting the case than I have
here stated. The, money was obtained, and Fletcher
gave my mother between 4001. and 5001. for her trouble.
I heard nothing further of the matter, except that the
legacy duty was not paid, although it had been invested
in the hands of Barber to do so at the time. The official
communication was made' to Griffin some time after
from Somerset-house, at the receipt of which he came
to me to know what to do. I said he had better take it
to Barber the solicitor. I gave him half a sovereign for
his loss of time. Previously to my mother quitting
the lodging at Camberwell, Fletcher said he
should not consent to her returning ag de to Rathbone-
place ; therefore, much against her inclination and my
own, I took a lodging for her in Tottenham-court-road.
Ido not recollect the number. It was at a carver and
gilder's shop, on the right hand side of the road from
Oxford. street. lam the only person that visited her
while she remained there. She was so unhappy I told
Fletcher I should have her home. He reluctantly
consented after she had been there about a
fortnight or three weeks. In Stewart's business
I gave to Mr: Griffin ten sovereigns, I took them to
his lodging in Duke-street, Grosvenor-square, a'td gave
them into his own hands, five from my mother, and five
from Mr. Fletcher. Soon after this I removed from
Rathbone-place to live in Tottenham-court-read. The
Fletchers were then living in Southampton-place. I
spent much time with them. He was our only friend
and adviser. He frequently said that he interested him-
self as much in my welfare as he could do for his own
daughter."
Examination of Mr. Wolfe resumed—Believed that it
was the wish of Mrs. Dorey to be admitted a witness.
She was repeatedly cautioned by himself and the visiting
magistrate that any statement would be used against her.
Mr..Witaties—Do you mean to tell me that I am not
to believe my own ears?-that an attempt was not made
by a magistrate of the City to twist a statement from
her? or at :east that you did not say so? Mr. Wolfe—
Mrs. Dorey told me that the Lord Mayor had wished
her to make a statement; but the Lord Mayor publicly
denied it.

Mr. WILKINS believed that the Lord Mayor told the
truth.

Mr. William Christmas, a clerk in the Bank of Eng-
land, had facilities of knowing the particulars relating to
unclaimed dividends. Had conversations on the subject
with Fletcher. Unfortuately did counounicate to the
prisoner the particulars of the case of Stewart's stock.
Received 50L or 1001. from Fletcher, after the stock was
drawn out.

Cross-examined--Knew it was against his duty to
give the information to the prisoner. Did not communi-
cate to the solicitor of the Bank that he had dune so,
until after Fletcher was in custody.
The Lord Mayor (examined by Mr. CLARKSON) said
that there was not the slightest truth in the statement,
that he had attempted to extract any acknowledgment
from the prisoner Dorey.
This closed the case for the prosecution.
Mr. GRAVES said that it was now his duty to
show that there was no forgery. It was not a
forgery in the meaning of the statute, nor in the
meaning of the indictment. It was not set forth
in what way the bond was forged, but alleged generally
that it was so, and they were therefore bound to prove
that the whole was forged. According to the statute, in
order that the document should be considered a forgery,
it must be invalid ; but, in fact, this was a valid instru•
went as against two of the parties, Fletcher and Griffin.
Mr. Baron GURNEY—Is that all you have to say on
the point ?
Mr. GRAVES—There were other objections, to which
he would advert at another time.

The CouaT—You had better go on now.
Mr. GRAVES would then submit that the intention
of fraud was too remote, as far as the Treasury and the
Bank were concerned, to bear out the indictment of an
intention to defraud either of these bodies. There was
no such proximate intention as was necessary to be proved
in order to sustain the present prosecution. There were
no cases reported which were completely analogous to
this, but he submitted that there would be no doubt upon
the law of the matter, that the intention to defraud the
parties named in the indictment must be immediate.
Mr. BALLANTINE briefly followed on the same side.
The COURT, without calling on the Attorney-General,
decided against the objections.
Mr. GRAVES said that he wished now to mention,
before his friend, Mr. Wilkins, left the Court, that he
intended to claim his right to address the jury for the
defendant Fletcher, in the order in which he stood in
the indictment.
Mr. WILKINS apprehended that, as the senior counsel,
he was entitled to be hear/ first.
After a desultory conversation, the Court were of opi-
nion that the cases for the prisoners should be taken in
the order in which they stood in the indictment, without
regard to the seniority of the counsel.
The Court then adjourned till ten o'clock this day.

POLICE INTELLIGENCE
(YESTERDAY.)
MARYLEBONE.

Thornton was understood to express his determination
of forfeiting his life rather than (11.111: rig;, .
Tho rs ,t-ze n-tf.l t,, t, f
each.

narnaby, one of the of of the Court, took ti.e
songs and prints into his possession.

UNION HALL.

James Ryan, an Irish labourer, was placed before
Mr. Long, for re-examination, on a charge of having
violently assaulted Edward Smith, a policeman in the
D division.

George Mayberry was charged before Mr. Trail, with
committing a violent assault on Michael Hennessey, who
was unable to attend owing to the serious n iture of the
injuries he had received.
It appeared tha' Hennessey ant sn .:ee;l
father, ware fighting ....jai -acti e; her ;he
noon in Charlotte-street, li;acktriarA•r. ad. A ge!,,
man. on witnessing the scene, interfered, saying ihst it
was a shame to allow such doings ; upon wh4:ll yow-g
Hennessey,witla an oath, exclitimeil that he would murder
any person who interfered, and immediately struck the
gentleman. The defendant, who happened to be patsine
at the time, with an adze handle, endeavonred to peelf,
Hennessey, who atttu,keil Idea. and lie struck
his assailant with he adze, ant completely disabled him.
Mr. Trail said that it appeared the deferviatit %yes
preroked to einninit the assault !!..ntiessey, who was
in the hospiial. Under alt the circumstances of the
case, he (Mr. Trail) should call upon the defetirl•int to
enter into his own recognizance, to appear on a future
day, in, the event of a fatal termination to the ease.
Elizabeth Jones, a woman with ea:'h silt of tier face
decorated with a quantity of artifice "-,veers, was
charged with robbeig an elderly ge eueei,..e, named
Chalks, of a purse, containing a severeig‘:.
The complainant stated, that as he was returning home
to. Walworth the preceding night, in passing over
London-bridge, he was accosted by the prisoner, who
endeavoured to force her company on him. He how-
ever walked on quickly, to avoid her, and when he got
into Lock's-fields he there found she was still after him ;
and she there - came up end began to " fondle" him.
He told her, he wanted none of her " fondline," having
an old woman at home, upon which the prisoner
thrust h,r hand into his pocket and robbed him of his
purse and money. He accused her or the ail, but she
began to swear at him, and tried to escape, but a police-
man coming up. he gave her into custody. The money,
however, was not found, and it is supposed she swal-
lowed the sovereign. The empty purse was found at
daylight, near the spat where the occurrence took place.
The prisoner, who infests the road in question for the
purpose of plundering men on their way home, merely
denied the charge. _

Mr. TRaILL being of opinion that the committal for
trial of the prisoner would not insure a conviction, dealt
summarily with the case, by inflicting a penalty of 40e.
on the prisoner, and, in default, committed her for a
month to the treadmill.

The complainant, who has been confined in the
hospital since the assault, was supported into Court,
and his appearance exhibited the degree of brutal
violence to which he had been subjected. Mr. Long
told him to be seated at the clerk's desk, and on
being sworn he fainted, but after some little time he
was enabled to give his evidence. He stated that on
Tuesday last he was on duty in Gloucester-square,
and separated the prisoner and another Irishman, who
were proceeding to fight. The two men, followed by
a crowd of persons, then went into the mews, and 'he
followed. The prisoner was standing among the
crowd, and said " Here comes the blue b-, let's
down him." Many persons said, " Let the
young man alone, he did but his duty "
The prisoner rushed out from among the others,
and struck him a tremendous blow with his fist upon
the forehead. He did not think it prudent to take
hitn into custody at that moment, but meeting soon
afterwards a brother constable, they returned, and he
then tool the prisoner into custody. The mob itn-
merliately rescued him. Witness took him into cus-
tody twice that same evening, and twice he was re-
leased, the last time successfully. Witness was re-
peatedly thrown down, and while so kicked over the
eye and on the head till he was in a state of stupor.
The finishing blow was given by a person (not the
prisoner), who struck him over the head with a hod,
and left him senseless. He did not recover conscious-
ness until under the hands of the surgeon (The
poor fellow was left senseless upon a heap of rubbish,
his companions having been obliged to retreat, and he
was found in the same state, when, on their being
reinforced, they came back some time after, and took
him on a stretcher to the surgeon's.)
Several witnesses corroborated the fact of the pri-
soner having been among the rioters.
An attempt was made on his part to prove an alibi,
but unsuccessfully.
Mr. LoNo sent him, without fine, to the House of
Correction for a month, the utmost period which the
law will allow.
_ _

Margaret Jonee, a respectably dressed female, was
brought up before Mr. Long, charged by her master,
Mr. John Knaggs, sulgeon, No. I,
Mornington-crescent,
Hampstead-road, in whose service she lived as cook,
with stealing three silver spoe4s, marked with a griffin's
head, his crest, and pawning the same.
The evidence proved that the prisoner had offered the
property for sale at Mr. Crinch's, 33, Grafton-street,
where the shoprnan, suspecting that they were dishonestly
come by, taxed her with the fact, when she attempted to
run away, but was given into custody.—The prisoner
made no defence, and was committed for trial.