The Sun.
London, England, 1829-09-18 00:00:00

BOW-STREET.

Yesterday Charles Stares, who stands charged
with having fraudulently uttered a cheque upon the
Petersfieldßank,was brought up for re-examination.
Wore the case was gone into, Sir R. BIRNIE
said, that in consequence of what the prisoner had
stated at the last examination, that he had been re-
fused pen, ink, and paper by order of the Governor
of the prison in which he was confined, he (Sir R.
Birnie) had inquired into the circumstance, and felt
happy
in, stating, that the complaint was made with-
out any JuBt cause, and that, in fact, the statement
was a pure invention of the prisoner. The
Ma gistrate then read a letter addressed to Mr.
Chesterton, the Governor of the House of
Correction, Coldbath-fields, by Mr. Kilsby, Gover-
nor of the new prison, Clerkenwell, upon the sub-
ject of the complaint which the prisoner had made.
The letter was as follows:
,6 Dear Sir,—Upon reading this evening the police re-
port contained in the Times of this day, I observed the
statement of a complaint having been made by Charles
Stares, of his not having been allowed the transmis-
his confinement was the House of Correction.
sion of letters to his friends, and stating erroneously that
it my duty immediately to apprise you that
ttiloe"Plplatt,cihseoinn"kfer has been in my custody since Thursday last,
and with respect to the matter of his complaint, that his
stakment is a gross and palpable falsehood, for there is no
restriction of the kind alluded to on the correspondence of
prisoners under charge in this prison, unless by special
order of the committing Magistrate; and in point of fact,
upon the prisoner's applying to me for permission to send
out some letters which he held in his band, I immediately
gave him liberty to do so.
.‘ I am at a loss to conceive the motive for such a wilful
fabrication, as I am satisfied that he has not had the least
cause of complaint since he has been in my custody.
" I remain, dear Sir, your's obediently,

" T. W. KILSBY."
Sir R. BJRNIE observed, that this letter was quite
satisfactory ; but had the inquiry which he made
turned out otherwise, he should have felt it his duty
to represent the conduct of the Governor to the
Gaol Committee.
Mr, Chesterton; the new Governor of the House

of Correction, felt very anxious that the matter
should be fully explained, as it would appear from
the report that he was the Governor alluded to. So
far from withholding any proper accommodation to
those committed to his charge, he had, from the
time of his appointment, done every thing in his
power to remove any cause of complaint amongst
the prisoners in his custody.

The prisoner, in explanation of what he had
stated, denied tbat he had said he had been denied
pen, ink, and paper. His complaint was, that a let-
ter, which he had given to one of the turnkeys to
be delivered in Red Lion-square, was not forwarded
for several hours after he had delivered it.
Sir R. BIRNIE said he understood there were se-
veral cases of a similar description as that of the
Petersfield Bank ready to be brought forward against
the prisoner, and wished to know if any person pre-
sent was desirous of preferring a charge.
An elderly gentleman then stepped forwhrd, and
said his name was Miers, and that he resided in
Greenwich Hospital. Having seen a report in the
Times of the prisoner's examination, he came to
town for the purpose of preferring a charge against
him of a similar description to that with which he
was already charged.
Mr. Miers then stated, that he had been acquainted
with the prisoner's family for several years. On the
17th of August last the prisoner came to his house
and told him who he was, and upon stating his name
witness knew him. In the course of conversation
the prisoner said he was very awkwardly situated
just then, having been disappointed in receiving a
sum of money from a Colonel, a friend of his, who
lived at Woolwich. The Colonel, he said, had
gone to Ireland, and as he (the prisoner) had just ar-
rived in a steam-vessel from Ostend, and was in im-
mediate want of cash, the disappointment he had
met with was the more embarrassing. He had sent
on his luggage, he said, to London by steam, and-
having brought over some French silks with him as
presents,he did not know what he should do to pay
the Custom-house dues. He then asked him, wit-
ness, if he would be kind enough to assist him with
a few pounds, adding that 5/. or 6!. would answer
his present purpose. Witness agreed to lend him
5/., and the prisoner said he would give him a draught
for the money upon the Bishop Waltham-bank,
which he accordingly filled up, but requested that
witness would not present it for payment until the
following Friday. He then took his leave, and wit-
ness did not present the Cheque at Messrs. Barclay
and Co.'s, where it was made payable, until the
Saturday. The answer which lie then received was,
that no orders had been left to honour the cheque;
and, upon subsequent inquiry, he learned that
the prisoner had no effects in the Bishop
Waltham bank, and that he was entirely un-
known there. Witness received the same an-
swer on two subsequent applications, and he then
wrote to the prisoner's brother, relating the manner
in which he had been imposed upon. The brother
who was a most respectable gentleman, wrote him a
letter, saying that the prisoner was an idle spend-
thrift, and adopted all sorts of stratagems to raise
money ; and, as he had already advanced several
hundred pounds to take him out of difficulties, he
was determined to do so no more, stating as a reason
that he had a family of his own to look to. The
witness added, that he had but little expectation of
recovering his money; but, feeling how he had been
used, lie came to town with a view to forward the
ends of justice by stating what he knew of the pri-
soner.

Sir R. BIRNIE, having consulted with Mr. HALLS,
said, that although the prisoner had committed a
very gross fraud, yet, as Mr. Miers had, in a great
measure, advanced him the money upon the strength
of the respectability of his family, the offence was
r►ot of that description that an indictment for fraud
could be founded upon it.
Mr. J. M. Dodd, of Cecil-street in the Strand,
then came forward, and stated that the prisoner, of
whom he had had some previous knowledge, came
to his counting-house on the 3d of August last, arid
said he had occasion to go into the city, and asked
him if he would have any objection to advance him
101. upon a cheque which he had upon a country
bank, 'Witness replied that he could not do any
such thing unless he knew that the cheque would
be paid. He then told witness that he might, if
he pleased, pay the cheque into Messrs. Couttts
and Co., who were his ( witness's) bankers, and
if it were paid by Monday (this happened on
Saturday), witness might then have a cheque
for the amount. The prisoner came again on the
Monday, and as witness's clerks were very busy at
the time, he told him to go himself into Coutts's,
and inquire if the cheque had been paid. The pri-
soner accordingly went, and returned in about quar-
ter of an hour, saying that the cheque had been paid
in, upon which he (witness) immediately drew a
cheque upon Messrs. Coutts and Co. for the amount.
and handed it to the prisoner.• Upon settling his
banking book some days after, he found that the
prisoner's cheque had never been paid in, and that
he had been swindled out of 101.

Mr. tIALLs observed that this certainly was a clear
case of fraud.

The prisoner's solicitor said he was taken by sur-
prise both with respect to this case and to that of
Mr. Miers. He had been led to believe that there
was no charge against the prisoner but the one upon
which he was at first apprehended.
Messrs. Coutts's cashier was then sent for, and
upSti his arrival gave the necessary evidence. He re-
membered paying Mr. Dodd's cheque, but could not
say to whom. He, however, knew the person of
the prisoner.
Sir R. BIRNIE—Do you recollect having received
any cheque upon a country bank to meet that which
you now hold ? Witness—Certainly not.
Sir R. BIRNIE should commit the prisoner for
trial upon the charge, as well as that of Mr. Dut-
ton's, who had taken the cheque upon the Peters-
field bank.

The parties were accordingly bound over.
Mr. Dutton, the shoemaker, of No. 6, St. Mar-
tin's-court, was then called forward, and repeated
the ei idence which he had given upon the former
examinations.

The prisoner's solicitor hoped that this case would
not be pressed against his client, as an offer had
been made to pay the Petersfield bankers the amount
of the cheque.
Sir R. BIRNIE—Sir, you must not talk to me
about compounding a felony. You have done as
much for your client as co.uld have been reason-
ably expected of you, but I must do my duty also.
Let Mr. Dutton and the rest of the witnesses be
bound over.

The prisoner was then fully committed to Tothill-
fields prison, for trial at the next Westminster
Sessions.
Mr. Thompson, the actor at the Haymarket
Theatre, who is the author of a piece (in which he
performs a principal character) called Nothing Su-
perfluous, waited upon Sir R. BIRNII3 to know if
he could take any steps to compel Mr. of
Drury-lane Theatre, to give him an account and
share the profits of two dramatic pieces written by
him (Mr. Thompson) and brought out through the
medium of Mr. B-, the one at Drury-lane
Theatre, and the other at the Surrey. Mr. Thomp-
son added, that the piece brought out at the latter
theatre was named Jack Robinson, and that which
came out at Drury-lane was named The Dumb
Savoyard. Mr. Elliston had paid Mr. B- 50/.
for the first piece, and he received from Mr. Price
.54/. for the latter. Mr. B- had, contrary to
the agreement which he had entered into with him
(Mr. Thompson) refused to give him a farthing of
the profits, although both pieces were entirely his
own production.
Sir R. BIRNSE observed, that such conduct on
the part of Mr. B- was very shameful. lie had
no right to profit by the labours of another, and take
to himself not only the credit belonging to the un-
dertaking, but A-hat perhaps was more desirable,
the profits also. " I am sorry," added Sir Richard,
"that I cannot assist you, Mr. Thompson; but al-
though the transaction, as you state it, is both dis-
honest and dishonourable, it is not exactly of the

character that would bring it within the scope of a
Magistrate's duty; but have you applied to Mr. Price?"
Mr. Thompson had done so, and learned from him
the sum which he paid to Mr. B-- for the Dumb
Savoyard. Mr. Price, however, with every dispo-
sition to befriend him, could not assist him in the re-
covery of his money.
Sir R. BIRNIE—What does Mr. Elliston say ?
Mr. Thompson—l have in my pocket a very kind
letter from Mr. Elliston, saying that Jack Robinson
had a great run at his theatre, and stating the price
which he paid to Mr. B-- for it.
Sir R. BIRNIE—I wish I could assist you, Mr.
Thompson, with all my heart, but I really have not
the power. Does Mr. B-- deny your claim ?
Mr. Thompson—Oh, no; he acknowledges the
debt, but says he has not, as yet, received the mo-
ney. Now I know that to be false, because I am
assured, both by Mr. Price and Mr. Elliston, that
he was paid by them. I gave the pieces to Mr.
B--, because I knew his interest was much better
than mine, and he undertook to get them out and
share the profits with me. I then went to Paris,
where I was quite delighted to learn that both my
pieces had been so favourably received ; but be-
hold ! when I wished to touch the profits, I found
them melt from my grasp like the golden fruit in the
fable.

Mr. HALLS said it was a most dishonourable ac-
tion on the part of Mr. 8., but he feared that a Ma-
gistrate could afford Mr. Thompson no relief.
Sir R. BIRNIE—You must proceed, I am afraid,
by civil action.
" Then, I fear, I may go whistle for my money,"
said Mr. Thompson.

Sir R. BIRNIE expressed his regret that Mr.
Thompson had no better prospect of a successful
issue to his suit.

" It is the way of the world, Sir Richard," said
Mr. Thompson. " Some men are made to prey
upon the wits of others. Mr. B. has had the re-
putation of producing dramatic .pieces of his. own
composing; but what is the fact? Why he has
been wearing the laurels and pocketing the money
of poor devils like myself.".
" Such conduct, I must say," said Sir R. Iltirtig,
" is most unprincipled." • •
" There are two of ns who compose pieces for
Drury-lane," said Mr. Thompson ; " one is .a knaVe
and the other is a fool; from what you have heard,
you will have no difficulty in fixing upon the first,
and I am afraid that the fool's cap will fit myself."
So saying, Mr. Thompson having thanked the Ma-
gistrates for their kind attention, bowed and with.
drew.

SECOND EDITION.
SUN OFFICE, Seven o' Clock.

THE LONDON GAZETTE

OF THIS EVENING.

Whitehall, Sept. 16, 1829.
The King has been pleased to direct letters patent to be
passed under the Great Seal of the United Kingdom of
Great Britain and Ireland, conferring the honour of
Knighthood upon the following Gentlemen, viz.—.
John Hayes, Esq. Commodore in the East India Com-
pany's Marine Service.
Robert Henry Cunlifle, Esq. Lieutenant-Colonel-Com-
mandant in the East India. Company's Service.
Jeremiah Bryant, Esq. Lieutenant-Colonel in the East
India Company's Service.