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London, England, 1844-01-26 00:00:00

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SUN OFFICE, Seven o' Clock.

TIM WILL FORGERIES.

NANSION-HOUSE.-(THIS DAY.)
4-EXAMINATION OF BARBER, FLETCHER, AND

Three o' MRS. DOREY.
oek this afternon was e hour fixed for the re-
!lamination)
of the persons charged with :the commission of
wate4:eforgeries. As soon as the doors were opened, the Court
„,crowded in every part.
,alr• Clarkson attended to conduct the prosecution; Mr.
_ nynbers appeared for Barber; Mr. Ballantyne for Fletcher ;
and Alt 'Wilkins for Mrs. benDorey-
th,,A ree o'clock ptieeisely the Lord Mayor took his seat on
pi ;ch, and the prisoners, )lies. Henry Barber, Joshua
tode`e_.",er, and Georg TheDey were brought up in the. cuhs-
dapt the Foresters. male prisoners were plaeed in t e
141 le the female was accommodated with a chair at the table
! diately below the bar.
V_rr•eCalark,on—Let Griffin also be put to the bar.
Frester—lle is not here yet, Sir ;he is gone for.
eautl,wards of half an hour elased, however, before Griffin
tiril.i?'s appearance, when he
.was placed in'the dock
Wilkins expressed a desire that Mr. Weare, the clerk of
is .reshfield, shuuld leave the Court, so as to be out of Iseu-
lt!, unless the counsel for the prosecution would pledge them.
that he was no to be examined as a witness.
Ili' Clarkson—l shall not pledge myself.
s,,r• Wilkins—Then I desire he may leave the Courf.
nth tilt'. Clarkson (after consulting Mr. Freshfield)—l shall not
Weare.
Wilkins—,Do you pledge yourself that Mr. Weare shall
aftcheeparlirseodot a?witness, either here or elsewhere, against any
tilt'. Clarkson—l will not pledge myself to that.
t
,r• Wilkins—Then I demand of you, my Lord Mayor, that
pout(' be ordered to leave the .Court.
t,r• Clarkson—Alr Wearer is the managing clerk of Mr.
stoesnfield.n this prosecution, and it may perhaps, although I
thb„4:3t ?ware that it will be, but it may be necessary to
io,:ne him, but surely that is no reason for turning the
hurto
- who has assisted in managing these prosecutions out f
•
toasr• Wilkins appealed to the Lord Mayor's justice
ki desire Mr• `Ware to leave the Court, and to
set Weare 's sense of decency to do so. If he had
%Zen misinformed, Mr. Weare, s zeal in behalf of
it le r °s. ecutien, had outrun his discretion, and he therefore, if
sit Intended, either here or elsewhere, to examine him as a
leavens against any of the prisoners, requested that he should
the Court.
The
h 'a Loan Alsvroa (to Mr. Clarkson)—You do not intend
„rallhimhere?
The kslarkson—No, my Lord.
Loan MAYOR—Then I cannot see any necessity for his
-..rTg the Court..
pt.Ze following witnesses were then
.called.
11e, Hawkes—ln 1840 I lived in Little Guildford-street,
1 „,"*LI-square. I knew Mrs. Dorey ac Miss Richards.
ssee"" then an embroideress. I had lodged in the
gh-„e nquse with her and her mother in Berwick-street,
'all 'on me in the summer of 1840, and said I have
to i;" to ask a favour f asked what She said,
lisettave some letters o
iny my. name to a Mr. Jones. I then
isetiat,24, Little Guildford-street. I said I had no A-
llis "b• Shortly after that, •one letter came addressed to
to name of Jones, 24, Guildford-street. It was addressed
1,1,,,ke for Mr. Jones. I took it to Mr. Wybrow's, where
thrwas requested. Ile is a seller of music in Rathbone-
e I left it in the shop for Miss Richards. She told me
ker_letters related to some property, that I used to hear
jar°°ther talk about .
Nott'e„Ph Cookson—l •
am one of the constables of Burton-
soa, '4lnher. I married a sister of the prisoner Fletcher,
shave known him ft'om childhood. I had a son named Robert.
talob.,4lßurton in 1839. My son Robert was a sailor. I was
by Fletcher in June, 1839, to purchase a vessel for
St VI Caine to Burton on the 13th or 14th of June.
kr' '''°llantyne asked to which charge the evidence applied ?
Clarkson—To all.
!al ~;Pallantyne Then I object to it. I object to any gene-
%lee:mance, and —I
ask under what charge Mr. Fletcher is
It nosy examined ?
'tau •ei, Chambers also desired to know if the first charges were
ti,,~e subject of inquiry, or if they were closed.
the' Clarkson was giving evidence upon all the charges, and
le
teserPort of this evidence was to show that Fletcher was
httg p• reparations at that time for what he had done subs Velttl
ls etkli h • ambers did not object to the adoption of thatcourse•—
trasteZas anxious for was to prevent any prejudice from being
Ale.
saallantyne still objected, but
° Loon
Mayon decided to admit the testimony.
tho4l.e Clarkson' (to witness)—Did he say anything to you
getting money?
sabir• Ballantine objected to the question, as irrelevant to the
toieset tinder discussion ; and called for the decision of the
th:m. aYor on the subject.
Th Clarkson replied ; and
tze LOAD MAYou decided that the question might be put.
kit !lamination resumed—He said he was making money very
atoloYulmating out unclaimed dividends. I said, But, Sir,
the .„ not afraid you should be overtaken He sai.d,
But,
`-``,„,ies..areidead, there is no fear whatever. I said, B
‘eress-L•P°se you should be overtaken ? Oh, he said, send. you
„/thots —h:seas• He mentioned the 'Ames of two parties for
had got them, but one party is dead, and the other is
blliesa-' custody, and I do not think :it desirable to name
fte 11.1.1'°w• I have not had advice, but I think not.
a• -0 told Me f M' Richards that he had got money for,
ite it was
only aeme issusm 200/. or 300/. Miss Richards
]aid her moneyse out in fancy goods and kept a stall in
tideriintneon- He said the money came from unclaimed di-
}1144,1) and that he and his rogue of an attorney shared the
o'er"--that is the person not in custody yet. He said he had
toet-ua:t law with the Bank of England. That he advanced 350/.
Pr op",.°,lnan to proceed against the Bank, because she had not
lii°e'‘i'Y to go to law with, he advanced the money to get it,
Aila'°,.gut it. I had at that time a daughter named Mary
incit6he was then living at Liverpool or Leeds. She was
kfte,ed, up to London by him, and she came up. That was
oti ' nts visit to Burton. I think I have stated all that passed
I"n3s..ubjectionfeun_cylaimed dividends.
d Mr. Chambers—He did not mention the
htt°olf eaxny person who is in custody except Miss Richards.
01"". Ch bers—Can you write down the name of the rogue
)4411 attorney, who is not in custody, and hand it to the Lord
Lfror? Witness—l can if it be desired.
• Chambers submitted that it should be done, which wasit~
itled to by .Mr. Clarkson and the Lord Mayor.
Warr. Chambers—Can you also write down the names and
kiatesses of those other parties ? Yes, Sir. I have not seen
%inne• These communications were made at different
gee.'„ during the three or four days he was at my house.
tiseet4'd nothing about continuing or discounting such prac-
Sses He did not . tell me how his rogue of an attorney
hit>rthe plunder, nor did he enter into any particulars as to
t/srs•Xe ol proceeding. The names of the other three parties
trai ; '-'°se of persons for whom he had got dividends. My
ilot,41:11 the island of Sicily I was sent for to come to Lon-
tarri:u°ot a week ago. I-- cv. as in town on Monday. I had
11 on the preceding Friday.
11141.2.14 r• I3allantine—l live at No. 1, Hay-street, Burton-on-
'tso er,and have been a constable since 1836. I lived
'Prop°- rars at Liverpool with my son. I did not
"ntnri,„e to come up here myself. I received a
11. cation to come up on Wednesday week. That
kl, ilik,ke,°osequence of a communication I had myself
"Vnlc• I have no doubt but that I made a communi-
'as I wrote up to London, on seeing the advertisement in
waocll-ri,", three or tour days before. I went to Messrs. Fresh field,
°he ° Lue
_Particulars I have stated. My daughter is here.
I'4 Yas_liv;ng with me when I made the communication. It
Itio'4t-ta 'Teets after I saw the advertisement before I wrote up.
''hes4te kilns, that there is any reason for my not having done
Cso„„
Pth ilelarnined by Mr. Wilkins—l am appointed constable
"nship. Ido nothing but constableise. I was. a
I)4j:r
.t Barton before I went to Liverpool. I failed in
htlij,pblSt And my creditors took what there was. I was not
ell:to "P!, nor did I take the benefit of the Act. There was
crtedir'lldinir- My landlord. seized., and_ I._ aft_erwwaasrdastpLaiid.
a.,.-11041. ors %spat I could. I did nothing while 1
se upon part of the money that my l son
144. Bom., I had myself. He was in the Liverpoe
.-solt was l'rom 1834 to not 1836 quite. I think I
11;arylebone. It was opposite Great Cross
-e he I did net seek to get into any employment. I
t lip'
4244. Ing at the Buis, in Leadenhall-street, since I came
.1/7,yed.614 have seen the gentle,ma..n. (Mr. Weare) twice. I
n as, for • at Barton for my travelling expenses. It cost me
,00
Fttdi rt 44, Ine and my daughter by raillway. was not in
Al y 1 Ronda •Mr Freslafield took my examination as t
104 r•
ttites, I,do —Do you expect any money? Witness—Of
-
44 W 11* king,_ You expect to be paid pretty handsomely ?
k til tolyier" Why for my time. I was a constable at the time
°stilt t_ Batton took place with Mr. Fletcher, and it is about
u11e,e,,,4"t since I first made this communication.
'veli444hiced—lt was the magistrates' clerk of Barton who
ed
tv A e tne mone to come up.
Itr Vurt Cookson—yl am the daughter of the last witness,
Lwa: i,,•;t4 18391 came up to see my uncle Fletcher.
ng in nWestmoreland-place,Southampton-street. I
th,- betweenthree weeks and d a month. After I had
Ards, -rm.° threeday he poke to me about unclaimed divi-
e.tteleLe t,hats he was getting a great deal of money by
c,}79 Chvldends.
Otidtle;l4oll,eornselfbteig to.dorawo,youwrhoparticular attention to
actually had the iin-
Vinence to seiz
the" was just _ emy cleoTairt, witnesses,
that witness is the constable
at 'senior __!..lamined. He had written down the names of
lat'aro,h_di -! had desired him, and when I attempted to look
ve seized me by the collar and I thought he would
Mr, `wssed_lnl face.
th•ttell crws°n—Cookson, how is this ? Cookson—l had
°ttglit is!" the names to give to the Lord Mayor, and 1
4.2 he ,:et' gentleman had no right to look at them.
eali,trea r`cooPeLTs were then• handed to Mr. Chambers, and he
p_s_tatrs.,clatouties:lonttdoovv.rite the addresses of the parties, which he
o -^arti• eke then recommended Cookson to leave the room.
F% Mation resu d.—He said that he had got a great deal
ttlllstelt °I11111). unclaimed dividends, and that he had got it more
the•e• I/ A person of the name of Tucker frequently came
(11, e al
7° said . ways talked about money after Tucker went away ;
a so,would d he would have e, he could get
to„,_ y 0 as
1,•"le,•
414 asked how it was to be done ?nand he said, of
d appear to be another person. I asked him how
; ° that I
!Say 551,1 _ and he said
it would be by false swear-
-1 „, was "e said I should have to kiss the Bible, and
itiooliah another person that I was not. I told him
as&,*!le, and I should be doing very wrong to kiss the
ring a curse upon myself. He said that was quite
wosson,. the flible was a fable, and if I went by that I should
hem 11:nid hsaa_ I told him I thought it very wrong, and d that
asl
kh. would l=ave him
to do with it. He said if I would oer
144., til_ha,.e me, there was money he could get me
time
ail Ilia, unclaimed dividends were : I asked him, ands he
he Si far as 1 can recollect, that it was something
,4,48_: inking Fund Commissioners. He mentioned Miss
%Mr, 71,_ Person from whom he had got money.
°ld h ask Mr •Clarkson if he were before a judge,
kr e Rive • •
Al • Clai.kno evidence as this?
t, certainly should.
YOu'irL"--Then I will pledge my reputation as a lawyer
s,,t;rtiel mos. that no judge would admit it in evidence. It is
`,,tn,st the" oppressive attempt to prejudice the public mind
1.44 1-oe,,Pri,,,is°ners through the medium of the press.
11,4 1. Wilkie MAYOR decided that the question might be put.
iv,rtheeeLlsoli3ilryhetrinatghiasttriarLworniasno,ns.uffering from illness,
"Whom do Lorde
ilise. Lox_ accuse you, my Mayor.
to hick is scan alavoa—Then, Sir you accuse me of that
410ke That woman sent for, me, and stated she wished
Mr
twoitikbizi‘slerias_heusnasyemstde,iffaenrdenlt. refused to hear her, and told
applylll3atation to
fir
Tit• Wilkiim tl;oll—Then she states that which is false.
%Alt I.osen Hear toe„
tlittte4i7.:tY°R---1 will not hear you, Sir. What you
altogether false.

Mr. Chambers, as Counsel for Mr. Barber, bore his testi-
timony to the attention with which the Lord Mayor had con-
ducted the investigation, and the examination was resumed.
A laty came to tea with us, and we afterwards went to her
house t, tea. He said she was a nice lady ,and a confidential
friend c 1 his. Ido not recollect any other occasion when I had
a conversation with him about it. There was a shorr4o let in
Pimlief', and he endeavoured to take it for me and his
daughtcr. Ile said he could put us in there and do a great
deal lot us. It was a high-rented shop, but no doubt we
could snake it do if w e would try. He was to take it, and we
were to pay him at some future time. Miss Fletcher's name
was to be over the door. I declined to have the
shop. The lady who came to lea and he fre-
quently talked about the unclaimed dividends. I do
not recollect the street we went to to see the lady, except
that it was near Oxford-street. We went to see her at a music
shop, over which there were in large letters, the " Temple of
Apollo." The lady we went to at the shop was called Miss
Richards. I never heard her Christian name. I told my
uncle frequently 1 could not do that which he had suggested to
me. In consequence of that I left his house, for I saw that I
was not treated with that familiarity which I had been.
Cross-examined by Mr. Ballantine—l have been living with
my father at Barton ever since I left Fletcher.
By Mr. Chambers—l left Fletcher in December, 1839. He
never mentioned to me that he had an attorney who shared
the plunder with him. Tucker used constantly to come there.
He was short, and had light hair. I never heard where he
lived. My father did not communicate to me the conversation
he had had with Fletcher before I left to go to London.
Tucker used to come at all hours. I never saw any papers
prepared by him. He would sometimes stay three or four
hours. I never inquired as to his business. I thould know
him again if I saw him, I have not been taken to look at any
person bearing that name.
Mr. Chambers—How many names could you give of parties
for whom Fletcher said he had got unclaimed divi-
dends ? Witness—Three. Two besides the name of Richards.
He never gave the addresses. He never said what had be-
come of the money that he had got. I understood that if I
would do as he asked me we were to share--

.. —.—
Mr. Clarkson—Among other names that he mentioned did
he mention the name of Barber? Witness—He did.
Mr. Chambers—That is fairness. After I had ;conducted
the cross-examination with the greatest delicacy, the counsel
for the prosecution put the name of my client in their mouth.
I hope this will go forth to the public as a specimen of the
manner in which this prosecution is conducted. It is wrong
there is no doubt of it, and let those who are fair decide if it is
wrong. —(Cheers. )
Mr. Clarkson—My Learned Friend has elicited the cheers of
some persons, and he is welcome to them, but as my Learned
Friend had alluded to names in his cross-examination, I had a
right to ask for names in my re-examination.
Mr. Chambers—l demand that in future proceedings here
every witness, except the ene under examination, should be or-
dered out of Court.
Mr. Clarkson—Why did you not do so before ?
Mr. Chambers—Because I thought the case would be con-
ducted with forbearance and without laying traps.
Re-examination resumed—He often mentioned Mr. Barber's
name to me, but I never saw Mr. Barber. We were to have
gone to him once, but we received a note from him.
Mr. Chambers —All this ought to have been mentioned
before. She might as well have mentioned Barber's name as
the name of Richards or Fletcher. I shall demand a right to
cross-examine.
Mr. Clarkson—You may cross-examine as long as you like.
Mr. Wilkins, in order to afford his Learned Friends time to
cool--( A laugh )—would take that opportunity of apologising
for the wrong which he had been induced to commit by attend-
ing too implicitly to the instructions which he had received.
The Learned Gentleman then, in the handsomest manner, ex-
pressed his regret fortis warmth.
Mr. Ballantine also bore testimony to the kindness and pa-
tience of the Lord Mayor.
The witness then in answer to Mr. Chambers, stated that
she had been talking to the attorney's clerk, while her father
was being examined, but not on the subject of her evidence.
Mr. Freshfield--I am conducting these prosecutions. I
have been in the constant receipt of communications from
England, Scotland, and Ireland upon this subject, and I think
I shall be enabled to produce impartial evidence from
Scotland, more particularly in the case of Stuart.
Cross-examined by Mr. Chambers—l have not taken any
steps to get any of those parties taken into custody who were
mentioned by the constable of Barton. I do not think there
wr.s any one of them unknown.
Mr. Chambers—There is a gentleman we all know, whose
name is Tucker. It is not that gentleman.? Witness—No. I
may also state that what the witness stated with regard to Mr.
Barber did not, in my opinion, afect Mr. Barber at all.
Mr. Chambers—That is very kind of you.
Mr. Clarkson,-We may go farther, and state that there is
reason to believe that the person named Tucker is not an at-
torney at all.
Mr. Clarkson thon applied for a remand, and gave his
Learned F. iend notice that he should perhaps have to renew it,
and he did this, in order that his Learned Friend might, if he
pleased, apply to the Court of Queen's Bench.
Mr. Chambers said that, seeing the great probability of this
last case going to trial, and that his client's great object was to
be restored to his fair fame and character, he thought in his fair,
proper, and legal judgment Mr. Barber ought not now to ask
to be committed on the first three charges. He had stated at
the outset that Mr. Barber had acted only as a profes-
sional man, and he thought that what had come
out this day would tend to his vindication, and would tend to
show that throughout he bad only acted as an attorney,
although he had acted indiscreetly as an attorney. It therefore
became his bounden duty to proceed to watch the evidence
adduced; and to express a wish that every name,
every new discovery, should be the subject of inquiry,
believing that every inquiry would be to prove Mr. Barber's
innocence. After hearing Mr. Freshfield's evidence, he would
not press for a committal, but would withdraw all opposition to
the course which it had been proposed to adopt. He would
not object to the further postponement of the case.
Mr. Ballantine did not oppose the postponement.
Mr. Chambers begged to say, that anything that he might,
in the heat of the moment have said that might seem to have
cast a reflection on Mr. Freshfield, had been completely soft-
ened down by the candid explanation which Mr. Freshfield
had made, that what had been stated by the last witness did
not, in his opinion, operate to the prejudice of Mr. Barber.
He expressed his regret fur what he had been induced to say
in the heat of the moment.

The case was adjourned to Friday next, at eleven.

THE LONDON GAZETTE.
(THIS EVENING.)

DOWNING-STREET, JAN. 24, 1844.

The Queen has been pleased to appoint Robert Murray Rum-
sey, Esq., to be Colonial Secretary and Registrar for the Island
of St. Christopher.
WAR-OFFICE, Jaw. 24.

Ist Dragoon Guards—Lieut. R. A. Moore, from 3d Light
Dragoons, to be Lieutenant, vice Hawkes, who exchanges,
Jan. 25. _ _

3d Light Dragoons—Lieut. J. B. Hawkes, from lit
Dragoon Guards, to be Lieutenant, vice Moore, who ex-
changes, Jan. 25 ; Cornet T. Penton to be Lieut. by purchase,
vice Montgomery, who retires ; G. W. K. Bruce, Gent., to be
Cornet, by purchase, vice Penton, Jan. '26.
7th Regiment of Foot—Capt. J. Lord Elphinstone, from
half-pay Royal Staff Corps, to be Captain, vice C. Paget,
who exchanges; Lieut. the Hon. W. Pakenham to be Cap-
tain, by purchase, vice Lord Elphinstone, who retires, Jan. 26.
10th Foot—Assistant-Surgeon J. Macbeth, M.D., from the
Staff, to be Assistant- Surgeon, vice Tongue, deceased, Jan. 26.
18th Foot—Lieutenant J. W. Graves to be Captain, without
purchase, vice Brevet-Major Largent, who retires upon full.
pay, Jan. 26 ; Ensign F. Lillie to be Lieutenant, without pur-
chase, vice Venour, deceased, Sept. 14, 1843; R. Doran, Gent.
to be Ensign, vice Lillie, Jan. '26.
21st Foot—Assistant-Surgeon C. Hart, M.D., from 47th
Foot, to be Assistant-Surgeon, vice Laing, appointed to 3d
Light Dragoons. Jan. 26.
34th Foot—Lieut. J. Simpson to be Captain, by purchase,
vice Duff, who retires ; Ensign W. L. Talbot to be Lieutenant,
by purchase, vice Simpson; W. Warry, Gent., to be Ensign,
by purchase, vice Talbot, Jan. 26.
40th Foot—C. Roberts, Gent., to be Ensign, without pur•
chase, vice Woodward, deceased, Jan. 2d.
48th Foot—R. P. Johnston, Gent., to be Ensign, without
purchase. vice Pitt, promoted in the 57111 Foot, Jan. 26.
50th Foot—Lieut.-Gen. Sir J. Gardiner, K. C. 8., from 61st
Fcot, to be Colonel, vice Lieut.-Gen. Sir H. Lowe, K. C. 8.,
deceased. Jan. 26.

-----
61st Foot—Major-General Sir J. Dickson, K.C.8., to be
Colonel, vice Sir J. Gardiner, K.C.8., appointed to the 50th
Foot, Jan. 20; Capt. E. R. Buller, from half-pay Unattached,
to be Captain, vice R. Gloster, who exchanges ; Lieut. F. J.
Stephens to be Captain, by purchase, vice Buller, who retires,
Jan. 26.

Ensign W. E. D. Deacon to be Lieutenant, by purchase,
vice Stephens ; W. S. Greatheed, Gent., to be Ensign, vice
Deacon, Jan. 26.

63d Foot—Captain T. Hamilton, from half-pay 27th Foot,
to be Captain, vice J. Foulston, who exchanges ; Lieut. T.
Harries, to be Captain, by purchase, vice Hamilton, who re-
tires ; Ensign R. P. Ford to be Lieutenant, by purchase, vice
Harries ; G. Woodyatt, Gent., to be Eusign, by purchase,
vice Ford, Jan. 26.

96th Foot—J. W. Preston, Gent., to be Ensign, without
purchase, vice Grant, promoted in the 57th Foot, Jan. 26.
78th Foot—Assistant-Surgeon D. R. M'Kinnon, from the
2d West India Regiment, to be Assistant-Surgeon, vice Mit-
chell, promoted in the 7th Foot, Jan. 26.
97th Foot—Assistant-Surgeon W. Braybrooke, from the 30th
Footh, to be Assistant-Surgeon, vice Wardrop, appointed to
the 7th Light Dragoons, Jan. 29.
Ceylon Rifle Regiment—Major S. Braybrooke to be Lieu-
tenant-Colonel, without purchase, vice Anderson, who retires
upon full-pay ; Brevet-Major G. A. Tranchell to be Major,
vice Braybrooke Lieutenant C. Warburton to be Captain,
vice Tranchell ; Second-Lieutenant W. \Verge to be First-
Lieutenant, vice Warburton ; F. A. Walter, Gent., to be
Second. Lieutenant, vice Werge, Jan. 26.
BREVETC—Capt. T. Hamilton, of the 63d Foot, to be Major
in the army, July 22, 1830; Capt. J. P. Ripley, of the Ist
European Regiment of Bengal Light Infantry, to be Major in
the army in the East Indies, Jan. '26.

COURT OF EXCHEQUER.
Hilary Term.— Sever th Victoria.—Jan. 26.
This Court will, on Saturday, the 3d day of February next,
and on Monday the sth, Tuesday the 6th, Wednesday the 7th,
Thursday the Bth, Friday the 9th, and Saturday the 10th, hold
Sittings, and will proceed in disposing of the business pending
in the new trial and special papers.—BY THE COURT.