The Sun.
London, England, 1844-04-12 00:00:00

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append for the dividends, and reflT:ng to a person
the name of Jones. The jury must judge whether there
was any other person bearing that name in this transac-
tion, except Fletcher. Miss Stewart stated that
sh© Was informed of her brother's death through
the kindness of Mr. Jones, who had afterwards informed
her that he was going to America, since which time she
had never seen him. The Learned Counsel then re-
ferred to an affidavit made by eiriffin, stating Cunt tie
had known Elizabeth Stewart and her brother, and
stating various circumstances respecting the two.
Now he proposed- .to call. Griffin as a wit-
ness ;. but he , not wish them to attach
more weight to his statements than fairly
belonged to testimony given under ouch circumstances.
He then referred to a correspondence which passed be-
tween the prisoner Barber and Mr. Strode, of Great
Marlow, with whom John Stewart had lived, the
avowed object of which, on the part of Barber, was to
obtain possession of the original stock receipts of
John Stewart, in order that his sister might be able
to obtain the property of the deceased. Mr. Strode
stated in reply- that the receipts in question were in the
hands of his solicitors, Messrs. Pickering and Co., of
Stone-buildingseto whom he referred the prisoner. He
was not wittiness, treat Miss Stewart as the sister of his
late gardener, being perfectly acquainted with his his-
tory. On the Ist of October, before any of the stock was
transferred, Mr. Barber saw Mr. Pickering's clerk, and put
down a number of questions for Miss Stewart to answer.
Nothing was heard from him until the month of Novem-
ber following, when all the stock had been transferred.
The transfer took place on the 20th of October. The
Learned Counsel then proceeded to state at length the
circumstances connected with the transfer of
the stock. He then said that the prisoner
Georgians Dorey had made a statement ac-
knowledging her share in this transaction, which
be proposed to put in as evidence. If the parties
were innocent, they would be able to give some account
of the sister of John Stewart. The jury would have to
consider who Mr. Jones was, and whether there was
any other Mr. Jones except Fletcher. The case was
one which called for a grave, serious, and full
defence on the part of Barber. He had no interest on
the part of the Crown except the just, temperate, and
impartial administration of justice, and he felt convinced
that whatever might be their verdict, the jury would dis-
charge in a temperate and satisfactory manner the impor-
tant duty which they had undertaken.
John Wm. Seaton, a clerk in Doctors' Commons, pro-
duced a will and bond connected with the transfer.
Dr. Robertson deposed to the swearing before him of
the affidavits of Elizabeth Stewart and Thomas Griffin.
George Bennett, a clerk in the Stamp-office, Somer-
set-house, put in the original copy of Elizabeth Stew-
art's affidavit.
John Powell deposed to having attested a bond
signed by a female and two sureties.
Beadon, a clerk in the Long Annuities-office, at the
Bank of England, produced the transfer-book, show-
ing the transfer of the stock of John Stewart
deceased, to the Commissioners for the Reduction of the
National Debt, on the 11th of October, 1836, and its
subsequent transfer into the name of Elizabeth Stewart.
Charles Dawes Lewis, another clerk in the Bank of
England, produced the unclaimed dividend book, con-
taining the dividend warrants of the stock from 1826
to 1836.
John Knight, Secretary to the Bank of England,
proved the execution of the transfer by himself.
Henry Hyatt, examined by the ATTORNEY-GENERAL
—Witness said he kept the Greyhound Inn at Great
Marlow. He went there on the 22d of July, 1836. In
May, 1840, a person came to his house to ask him if he
knew John Stewart. He remained there between
six and seven hours. He said that his business
as to find out the relatives of John Stewart, who
died at Great Marlow. Witness did not know John
Stewart himself, but, after some conversation, he recom-
mended him to inquire of some old men who knew
him. The person who called upon him said he came
from the Lord Chancellor, and he gave his name, before
he left, "Mr. G. Jones, No. 34, Little Guildford-street,
Russell-square." Witness took him to an old man of the
name of Winsor, thinking, perhaps, that he might have
known Stewart. He took him, also, to a man of the
name of Holmes, to another of the name of M'Lean, and
.te:Helmes's wife, at Portgarden, e here he was told that
Stewart used to live. They could not hear of
any relations belonging to Stewart. The people
told Fletcher that there never were any relations
of Stewart's except a brother, who went to sea many
years before, and was supposed to have gone to America.
'!etcher made memorandums as he went along. Ile
%% out to a grave-stone in the churchyard and took notes
there.
By the J DOE—They found the grave-stone of Stewart.
Po:swam:lined by the ATTORNEY-GENERAL—When
Fletcher went away he requested witness to get all the
information he could respecting the relations of Stewart,
and to send it to him, saying that he would well reward
Lim. He proposed to write to him, but witness told
him he had better correspond with an old man named
Winsor, as ho knew more of Stewart than himself.
In about , a fortnight after the gentleman who
stands in the corner (pointing to Barber) also
came down, and stayed about the same time.
When he arrived he asked me if I did
not know a person of the name of Jones. He said he
ceme to inquire about a relative of Stewart, who
died worth -a, good deal of property, for
which they wanted to find the right owner.
Ile gave his name Clarence Peckham, Esq. He said
Stewart had a great deal of pioperty in Chelsea. Ile said
same-thing about property in the Sinking Fund, but that
was gone, about GOOL Jones said the same before. He
Said it died with him. I think I learned that from
Jones' conversation before, and also from him. I took
him round to the old people who;told him about Stewart,
and that he had a brother, who it was supposed had
died at sea. The, last man we saw was M'Lean. He
came to my house. Mr. Barber was in the front room,
and came into the bar to talk to him. I asked Mr. Bar-
ber where the property was at Chelsea ? He said it was
roar the College. I asked him if he knew Mr. Eg-
gleton, a surveyor of taxes ? He said, " No."
He said he would not trouble me further, but
would go out and see the old man again.
Before he left Marlow, I told him I was coming to Lon
don. He desired me to collect all the information I
could, and call on him. I did so. I went to i 2, Nelson-
square, and asked fur Clarence Peckham, Esq., and saw
Mr. Barber. I told him I could not hear of any rela-
tions, except the brother that was gone to America.
Cross-examined by Mr. GRAY—This was four years
ago. Jones gave his name to several old people. 1 went
with him to any old people I thought might know any-
thing about Stewart.
Crosse-xamined by Mr. WILKINS—I cannot say if
there was a brass plate on the door in Nelson-square.
Mr. Barber never came to my house, except on that one
day. I believe the writing produced is mine. I do not
know if there was a bill made out for what he had at my
house. Ido not recollect if it was wine negus. M'Lean
had some grog. The second entry in the bill handed to
me is three sixpetinyworths of gin and water. I should
think he went away about five. He was in a hurry, and
had my horse and chaise to go to the railway. My
uharge 'for that would be five shillings.
.Mr. WILKINS—Look at that document, and re-
fresh your memory. Witness—lt appears to be
my writing. I adhere to my statement, that it was
within a fortnight or three weeks after that Mr. Barber
came down. It was not
.in October that Mr. Barber
ears down to Marlow. It was not more than a fort-
bight or three weeks after Fletcher was there that
Barber came down. My attention was first directed to
these matters cm the 14th January last. When
Barber cern., he asked me if a gentleman named Jones
had not been there.
Mr. WILKINS—Did he not ask you if some one had
sot been den to inquire about Stewart, and did not you
say, Yes, Mr. Jones, a tall, dark man? Witness—l did
not. He asked about Mr. Jones, and told me he and
Mr. Jones were one firm. I thought they were Chancery
lawyers. There is no mistake in the conversation. I
had no difficulty in finding out 52, Nelson-square, and I
had not been there long before I saw Mr. Barber. He
suet Clarence Peckham, Esq., and I asked for Clarence
• Peckham, Esq., not for Mr. Peckham.
lte-examined by the ATTORNEY-GENERAL—I made a
memorandum of the name in my book the day he was
at Marlow. This is the book, which I hand into the
Court.
Mr. Baron GURNEY—It must be used merely to re-
fresh his memory. The entry is, " The address of the
gentleman Clarence Peckham, Esq., 32, Nelson square:'
't he ATTORNEY-GENERAL—DoOS that bill, put into
your hands by Mr. Wilkins, relate to Mr. Barber? Wit-
ness—The date of that bill is a day that I never saw
Mr. Barber. lam quite sure of that.
The Court then adjourned for a few minutes for re-
freshment. On the re-assembling of the Court,
William Winsor was called and examined by the
ATTORNEY-GENERAL—I live at Great Marlow. lam a
labourer. I received a letter from person of the name
Jones. This maybe it. It is addresseda to W. Winsor,
baker, West-street, Great Marlow gave the letter to
Mr. Hyatt. This letter may be the me
Cross-examined by Mr.lVreatiose_f Tuts; recollect
either of the prisoners. i recollect a gentlemanoe not
- after ec
-o
-tg-,
to me. Some time after I had the letter ;
some time, the second gentleman came.
Mr. Baron GURNEY—Was it before or after you had
the letter that the second gentleman came ? Witness—
• I cannon tell.
Mr. WlLltnis—Try to recollect, old gentleman, it is
of the greatest consequence. Was it before or after you
hard the letter that the second gentleman came. Witness
—1 think it was before. I cannot tell what makes -me
think so. I. took the letter to Hyatt a few days after I
received it.
Mr. Grattan examined by the ATTORNEY-GENERAL-
- I am acquainted with Fletcher's handwriting, from his
having kept his accounts at the London and Westminster
Bank, at which lam accountant. I should isay most
decidedly that the . letter produced was his hand-
writing.
Cross-examined by Mr. WILKINS--We always consi-
dered Fletcher a respectable man.
(The letter addressed to Winsor was then put in and
reads It was signed by Jones, and requested Winsor
to ascertain where the person Stewart had lived
before he etune• to Mr. Strode, and also what part of
Scotland he came from; and stated that the writer had
discovered that Stewart had a sister; and desiring that
the answer might be addressed to G. Jones, care of Miss
Ilawkes, Little Guildford-
street.)
Mr. WILKINS (handing paper to witness)—Whose
writing is that ? Witness—It
but I have a doubt about it. is like Joshua Fletcher's,
William Holmes—l live at Great Marlow, and am a
labouring man. 1 have lived there six years. I know
IL Hyatt, that keeps the Greyhound.
man to me about four years ago,
to He brought a
make inquiries about
Stuart He brought another person
make the same inquiries. I think the further
rind time to
one
- ber) was the person he brought theeecond time. - (Bar
not know the one he brought the first time. He should
inquired
about Stewart's money, and said it was in the Sinking