Star.
London, England, 1805-08-24 00:00:00

420 0 o
93 0 0
40 0
300 0 0

. Cant WK., . -
t The feeurities were not in the name of the prifoner,
but in the name of Thomas Wray, of Poeklington:
Thefe papers railed a fufplcion in the breal of the
ItiagiOrates, that this propetty bassi been withheld
from the prifoner's creditors; in cnnfequence of wKich,
they gave notice to Mr. Smith, one of the Affignees
of the prifoner, by whom this profecution was infli-
tuted. The Counfel then pr' ceeded to Kate, that this
property muff have been embezzled from the credi-
tors, as the prifoner had no vifible means whatever
of obtaining it; the eircumflance, ton, of the prifoner
ba-ing entered it in the name of another perfon, was
alto a Prong prefomption of guilt. He thought they
evidence he &mid produce of the time and manner
in which the prifoner had made depofits, would re-
duce the matter to an abfolute certainty, unlefs the
prifoner cefuld remove the inferences by accounting
for it to the lafisfaetion of the Juty. Tn the Magif-
crates he declined giving any account of it ; and, in
this, he certainly atled wifely.
Mr. Holmes, Solicitor to-the Cnmmiflioners, was
then called, who proved the abfenting of the prifoner
from his dwelling-houfe, and the Reps taken to pro-
cure the commiffion. The commilfion of bankrupt,
after being proved, was put in and read, as were all°
the declaration of bankrupt, the notice requiring him
to furrender, along with the prifoner's furrender, and
the fchtklule giving an account of his property. and
referring to certain books which were not produced.
An ohjeflion was taken by the prifoner'. Coonfel to
the notice, at there was no proof that The Gazette was
aaually pitblilhed on Saturday, which the Counfei
thought effential to prove, that the proper number of '
slit alliwed by the Ilatnte for his furrender had bien
given to the ;oil ner. This obieltion, after much
learned aronment, and the examining ni a witness
upon the fubjefl. was over-ruled.
Mr. John Kendall was examined, and flayed that
he had been clerk to Meffrs. Peafe and Co. hankers,
at Mahon, upwards 14 fix years, and, kept their lect:
ger ; the prifoner kept his calh account with them,
and was alto employed by Mars. Ptak and Co. as
an agent to circulate their notes. The witnefs went
to the prifottcr's houfe generally once a week, to car-
t y him their notes, and to receive from him hills and
other papers in exchange ; on there necasons the de-
ponent always examined their own ledger, and enter
ed the balance into memorandum book, and cow, I
pared it with the prifoner's account; that the. 'aft
time he went to the to ik.ner's honfe, be took with hint
noteittn the amnuat of wool. and upwards' and At.
that tin • the prifoner and himfelf compared their ac,
counts, lid akertaintd that at ChM time the helm*
due to Peale and Co. amounted to 2000. The wit.
nets was croft-examined by the prifonces Comokk,
and admitted that the only way be had of kno
the Rate of the balance. we{ by the account ',hie •
lie hal taken,from the ledger, and on which cinema,
Ika.ree the Counfel took an obiOtipq to the erideneel:
wiet

tli is 0

as being parole teflimony to prove the contents of
written papers,when the papers themfelves could have
been produced in Court, contrary to a maxim in law,
that a fecondary evidence fhall not he admired, when
the original can he produced: The argnment upon this
objeftion occupied a conliderable time, and the Lear.
ned Judge laid, he would take a note of the ohjeEti•n,
and get the opinion of his brother Judge, Sir Alan
Chambre upon it. The trial then proceeded.
Mr Timothy Mafon, of Hull, the next svitnefs,
Rated, that he was a conliable, and was employed to
apprehend the prifoner, and fearch his houfe, and in
the fearch he found a quantity of papers, part of
which he had then in his poffeffinn, and the other
part Mr. Lee gut from him in a tiruggle. He then
delivered the papers into Court; as did Mr. Codd.
the tolicitor, force other papers which he had received
from the prifoner : the cements oaf theft papers were
the lame ac Rated in the opening, laving that the bills
claied 1802 were returned bills, of no value. This
witnelit, upon his ercrls examination, Paid, he under-
fin .d that the prifoner had a partner; it was ohjeft-
ed by the prifoner'; Counfel,thatthe money fo found
was not proved to have belonged to the bankrupt's
eltate ; but this objeetion was over-ruled, otr the
ground, that under rhefe circumfiances it was in-
cumbent on the prifoner to prove that it did not.

A clerk to Meth's. Mozon.and Co. bankers, Holl,
was then called, and depot-ed. that on the 4th or sth
of f.pril, 1804, the prifoner, under the name of Tho.
mss Wray, came to their hoofe, and defrocked 'the
fum of 6001. in North Country notes, of which notes
there was to the value of vol. in Mahon notes, off
the bank of Peale and Co. and that, at the prifimer's
Typal. they wrote to London to invelt the 6001. in
the 3 per cent. Confols, and which, when effected,
was communicated to the prifoner, who, on the tab!
of May, called and got the flock receipt, on paying!'
sl. los. Bd. as a balance due to them, and the divi-
dend on this Rock was received and paid to the prie
toner. On the 5 hot February. 1805, the prifoneT.
ordered the flock to be fold nut, which was Odes
' and the amount placed to the credit of I'. •Wray
On the 16th of February, the prifoner called and got
accountable receipts for the feparate firms of 3001.,
and scot. and the balance of this flock fold nut was,
paid to him, after deduding the charge of commif-
fion, &c.. The prifoner received the money for the
acrol. receipt in a thort time after ; but that the soot
(till remained in their hands ; he alfo in the begin-
ning of March, iBos, depnfited the limber tom of
1201. in their honk. The prifoner was fuppored to
lodge at the houfe of Thomas Lee, whore name was
known to them by means of a brats plate upon the
door.

Mr. Horfley, caliber to MelTrs. Broadley and Co.
bankers. Hull, depoled, that the Prifoner, in April
1804, came to their banking honk, and defcrihed
himPtlt as Thomas Wray, of Pocklington, and de-
pohted property, chiefly conftfling orWell arid North
c'iuntry notes, to the amount of lota ; early in
oSuber. he called to receive half a year's interefl, in
the affnmed name of Thomas Wray, of Pockling-
ton, and he received alto, in April lad, a further di-
vidend on the laid rotol.