The Sun.
London, England, 1842-07-07 00:00:00

OLD. COURT.

(Before Mr. Baron ALDERSON and Justice Winteasts.)
TRIAL OF NICHOLAS SUISSE —Nicholas Suisse was placed
at the bar, charged for that he, being iu the employment of the
late Marquis of Hertford, did receive by virtue of his employ-
ment on the Ist of July the sum of 401'1., on the 7th of July
4001., on the 9th of July 500/., on the 23d Nov. mber four se-
curities of the value of 200/., on the Ist March 1,253 francs,
and a variety of other moneys, at different times, whilst in the
employment of his late master ; parts of which moneys, amount-
jug in the whole to 1,5001., he did unlawfully embezzle to his
own use. The indictment was varied in a variety of ways, and
contained several counts.
The prisoner pleaded " Not Guil y" to the whole of the
indictments.
The prisoner being a foreigner, exercised the privilege of
having half the Jury foreigners.
Mr. KELLY, with whom were Messrs. PHILLIPS and Bon-
xi sr, conducted the prosecution, and Mr. THESIGE tr, M.P.,
with whom were Messrs. CLARKSON and JAMES, defended the
prisoner.
Mr. KELLY having stated the case to the Jury in a concise
manner, confining himself strictly to the facts, proceeded to
call the following witnesses.
It. Carre, examined by Mr. Pmeetes—l am a cashier in
the house of Messrs. Coutts and Co. The late Marquis kept
an account at our house. I knew the prisoner. I saw him on
the 3d of February of the present year. He presented a cheque
for 3,000/. which I paid to him. I gave him one note, NO.
54,307, for 3001. (The witness here proceeded to state the
manner in which lie bad paid the money.) On the 9th of
February I also paid him money for cheques. The body of
the cheques were all in the handwriting of the Marquis of
Hertford.
Cross-examined by Mr. THESIGER—I have been in the
employ of Messrs. Coutts and Co. for many years, and have
been in the habit of seeing the prisoner there for ten years,
during which time he received very large amounts on the Mar-
quis's cheques. I should think he has received as much as
20,0001. or 30,0001. in.the course of a year. I never remem-
ber paying any printed cheques.
John Blenkinsopp examined by Mr. BonxlN—l am a clerk
at Messrs. Coutts and Co. On the 3d of February the prisoner
presented a cheque for 2,000/. I pa;d the whole sum in Bank
of England notes. On the 7th of February, 1841., the pri-
soner presented a cheque for 3,5001. ('fhe witness here vets
ceeded to state the number of the notes with which he had paid
the chequ-.)
Cross-examined by Mr. THESIGER—Suisse was as well
known at the banking house as any clerk in its establishment.
Thomas Graham examined by Mr. KELLY—I am a stock-
broker, residing at No. 6, Throgmorton-street. I have known
the prisoner about three years. On the 21st of July Suisse
sent for me, and I went to him to Dorchester-street. He gave
me 2,000/. in notes, and instructed me to purchase stock with
it in his own name. ( Witness identified a 5001. note as one
which he received, which corresponded with one paid to Suisse
by the first witness.) I paid the notes into my backers' biltds,
Join s, Lloyd, and Co., on the same day.
Cross-examined by Sir. THESIGER—I found the prisoner
unwell when I arrived at Dorchester House. I saw him in his
bed-room. I sent up my came, not me business. The bed-
room was a very small room up-stairs. I do not know whether
it was near the Marquis's room. I had purchased stock for
him before on three occasions to the amount altogether of
2,000/. The first purchase was on the 13th March, 1841,
3071. Os. ; the second on 26th November, 1841, 1,192/. 14s. ;
and the third on the 30th November, 1831, to the amount of
5001. There had been dividends on the stack, which I re-
ceived for him.
John Hay examined by Mr. BODKIN—I am cashier at
Jones, Lloyd, and Co.'s. The last witness had an account:with
our house. On the 21st February last Mr. Graham paid in
2,0001. in notes, which I handed over to John Lyon.
John Lyon examined by Mr. BODKIN—I am a clerk at
Messrs. Jones, Lloyd, and Co.'s bank I have an entry of
2,000/. paid in by Mr. Graham on the 21st July. Mr. Walter
took the numbers of the notes, and I handed them over to him.

Wm. Walter examined by Mr. BODKIN.—I ama clerk at
Messrs. Jones, Lloyd, and Co.'s. I took the numbers of the
notes. (The witness then read the numbers and dates of the
notes, which corresponded with those paid by the first witness to
the prisoner.)
John Rabbit examined by Mr. PHILLIPS.—I am in the f
reign department at Messrs. Coutts and Co.'s. I know the pri-
soner. On the 7th July last he gave me 4001. to be forwarded
to Madame Suisse. The money consisted of four notes of
100/. Each. I handed them to Mr. Stanley, one of our cashiers.
Cross-examined—l knew Suisse before. I never received
money before to transmit to Madame Suisse. There is an-
other clerk who receives money in the foreign department.
Edward William Stanley examined by islr. PHILLIPS—I am
cashier at Messrs. Coutts'3. On the 7th of February I received
four 100/. notes from the last witness. The numbers were
96,702, 96,703, 96,704, and 96,705, and all dated the sth of
February, 1541.
William Hughes Brabant examined by Mr. KELLY—I am
a partner in the firm of Capron and Co. They are solicitors
to the late Marquis's executors. The late Marquis's
name was Francis Charles. I frequently called on the
late Lord Hertford. He was very unwell during the last
few weeks of his life-. I always used to see him in the library.
He stspt in the room adjoining. He died on the Ist of March,
and was buried about a fortnight alto-wards. The executors
at once proceeded to their duties. I had occasion to see Suisse
on the 4th of April. He came to my office about eleven o'clock
in the day. Some of the executors were in another room in
my office. Suisse came of his own accord ;he had not been
sent for. When the prisoner arrived, he saw me and asked
permission to go to Paris. I went into the room where the
executors were, and told them what he wanted. '1 hey told
me to ask him to return is half an hour. told him to do so.
Ile went away and returned, saying he would go for his passport.
Dui ing his absence I had communicated with the executors.
When he returned I called his attention to the sum of 9,200/.
which he had received on Lord Hertford's cheques between- the
Ist and 9th of February. I asked him how the sum had been
applied. Ile stated that he had credited in his book what he
wanted for current expenses, and gave the rest into my Lord's
hands. I have that book here. I expressed some surprise
at his statement ; he alien said that the account which he had
sent to Mr. Capron's would explain how the greater part
had been applied, and that Charlemagne, the cook, had re-
ceived about 2,000/. more. I asked him how he got
the money to pay the bill, and he said that he went to
my Lord for it, and got sufficient for the purpose.
That was all he said on the subject of the application of the
money. He then renewed his request to go to Paris. I told
him the executors could not permit him to go till he had ac-
counted for the money. He complained of the ha dship of
being detained, saying that " his health had suffered already
from being confined in so small a room as he had at Dorchester
House." He added, " that he wished the executors would
name a day when he might go." I then went and detailed to
the executors what had taken place, and returned to
him, telling him that the executors could only repeat
their request, that he would remain till his accounts
were settled. He appeared very angry, and said he had
been twics nearly dead in Lord Hertford's service,
and lie would not kill himself a third time for those gentle-
men. He talked of putting a pistol to his head rather than do
it, and said that, in spite of the executors, he would go if his
health got worse. I made no reply to this. He pressed a set-
tlement of his account, as lie wanted money to pay his passage,
and was living on borrowed money. When he found he could
not succeed in his application, he left. (The book of the pri-
soner's expenses was here handed in.) I had this book in my
poss-.ssion during the meeting I have just described. The pri-
soner said that he credited in that book the sum that he wanted
for current expenses. I have the account of which he spoke
as having paid. I have cast up those accounts. The sum total
is 5,0581. 19s. bd. I don't know the amount of wages the
prisoner received.
Cross-examined by Mr. Tire:men—When I saw the Mar-
quis at Dorchester House. I never saw Mr. Croker, who
was afterwards an executor, with the Marquis. I saw the
Marquis last about a month before his death. Mr. Capron
was the partner who principally transacted the Marquis's busi-
ness. Suisse's room was close to the library, on the other side
of it, corresponding to the Marquis's room, the library being
between the two rooms. There was access to Suisse's room
from down stairs, without going through the library. I was
present during part of the time that the executors took posses-
sion of the Marquis's property. I do not know when Mr. Capron
received the bills to which Suisse referred as having paid. All
I know about them is, that when the prisoner referred to
the bills, I went to the executors and received them
from them. There were bills for preceding years, as well as
bills of a later date. Ido not know what is the amount of the bills
of preceding years. I think they are to the amount of many
thousand psunds. I have not taken the Marquis's pass-book
and compared the amount of cheques received by Suisse in fur-
mer years. I was directed to keep aloof from the prosecution,
as I was,informed that I was to be a witness. That is the
reason that I confined my attention to the bills only of the pre-
sent year. I canna say whether there were any bills of 1841
paid in 1842, prior to the Ist of February. Ido not know how
long this book before spoken of had been in the possession of
the executors.

tio(nMwrithl Er
.s ee observinglly, requested
that witnessesias n noeno m
bothm u n
sidesca
Mr. Hopkinson
should leave the Court, which caused a considerable clearance.)
Cross-examination continued—l had seen the hook in the
possession of the executors some days before the interview with
Suisse which I have described. 1 am not aware that Suisse
had pressed for a settlement in the month of March. 'cannot
say what was the amount of bills paid between the Ist and 7th
February. I cannot say what was the latest payment. In my
interview with Suisse he said that the tradesmen's b lls would
account for a great part of the money. I then brought the
bills down. They w. re labelled, bills of 1838 paid in 1839,
bills of 1839 paid in 1840, and so on uP to bills of 1841 paid in
1842. Those labels, I believe, were in the handwriting of the
prisoner. I know that Suisse was in .the entire confidence of
the Marquis. I know nothing of any private disbursements
that Suisse paid for the Marquis. I have got Charlemagne's
bo)k. I do'nt know where he is.
Re-examined—l did not look through the bills for any other
purpose than to sum up the amounts, and have not minutely
looked into the details. I now produce all the bills in my pos-
session, and I know of no other bills. (The bills were all
handed in, and were then given to a person to ascertain the
amounts paid in fot mer years.) Mr. Hopkinson was the exe-
cutor who attended mainly to the bills.
George Capron examined by Mr. KELLY—I am the head
of the firm of the Solicitors to the late Marquis, and the
present executors. I never looked into the bills. Mr. Hop-
kinson, one of the executors, having undertaken the manage-
ment of the accounts. I think the hills were delivered to the
executors some few days before the 4th of April when the ih.
terries, took place between Suisse and the last witness.
_ Edmund Hopkinson examined by Mr. KELLY—I was a
banker of the firm of Hopkinson and Co. We were bankers to
the late Lord Hertford. I undertook to examine certain bills
paid by N. Suisse, which were sent to Mr. Ct.pron's office,
from Dorchester House, a few days before the 4th of April.
I investigated those bills, and summed them up. When 1 had
done with them, I placed them upon apiece of furniture in the
executors' room in Mr. Capron's office. I have no bills paid
later than the 9.h of February. 1842. I know of n 1 other
bills, but those which appear. Ido not know Suisse's hand-
writing.
Cross-examined by Air. CHAMBERS—I went to Dorchester
House two or three days after the Alariluis's death. I have
heard that Mr. Croker was in the house when the Marquis
died, and had been living there a day or two previous to his
death. rdo not think it was mentiJned to Suisse in my pre-
aence that a legacy to the amount of 19 or 20,0001. had been
left to him- to the best of my belief such a statement was not
made to Suiste in my presence. Suisse does not speak English
very fluently.
Inspector Partridge, of the A Division, examined by Mr.
Pitieeirs-1 remember going, on the 4th of April, between 7
and Bin the evening, to Dorchester House, to see Suisse. I
found him in his -room. I told hint I came to apprehend him
for embezzlement. He asked what 'embezzlement and I told