The Statesman.
London, England, 1822-10-07 00:00:00

POIOIOE.

eltit.rmatt..—On Saturday wm. Timpson Morris
of the firm of E. W: and T. Morris, wine merchants
No. 9, Little Tower-street, attended by his solicitor
31r. Ogle, and Mr. Platt as his counsel. appeared befo►,
Sir Jae. Shaw, to sinner a charge preferred ageless
Mtn by Nathaniel Godbold, Esq. of filloonishory.square,
the proprietor of the Vegetable Balsam, who was also
accompanied by Mr. Alley, and his solicitor, Mr. Scott,
of St. Mildred's Court.
Mr. A LLET stated the complainant's case at some
length, which, if proved, would, he hesitated not to
declare, amount to a charge of larceny against the
defendant, and render him liable to the punishment of
transportation.
The facts were then detailed in evidence by Mr.
Godbold, from whose statement it appeared that he was
in the habits of intimacy frith the defendant, and also
with his father and brother, who, in addition to their
business as wine merchant', were also occasional bro-
kers and johhers in the foreign stockonarket. On Sa-
torday,;the 23th of Sept. be int: usted the defendant with
fire Chili scrip receipts for 5001. each, notes a broker,
to be paid a commission, but as a friend and agent to
dispose of for him. fie-saw him shortly afterwards,
when he said he had sold them, hut the purchaser not
having bank•ootes sufficient to pay for them, be (Mor-
rie) would give him their check for the amount. There
was another small sum due to Lim front the defendant,
which being toiled, he nave the check of the firm upon
Williams and and Co., bankers, Birchin-lane, for the
whole amount, 1.2031. 19s. This check Mr. Godbold
p !id immediately into his bankers, Messrs Lee's and
Co., and in the evening was much surprised to find it
tetnrned to trim dishonoured for want of sufficient
effects. Ile went directly to the counting-house of
Messrs. Morris, where be saw the father and both the
suns, who expressed much surprise at the circumstance
as .hey had a large balance at their banker's, and at
first proposed to give Mr. Godbold a check for the
amount of that balance. As, however, it was past
banking boors, it was'at length agreed between them
that Mr. G. should meet the defendant on 'Change at
half air r ten ou the Monday morning, who would
then give him bank-notes for the amount of tbe check.
They met accotdingly, when the defendant walked
Mr. Gutlbcll to the counting-house, where, upon ex•
*mining his notes to the amount of ;whore 1,1001., he
observed he was short, but if Sir. Godbold would
walk to 'Cnange. he, (Morris) bad a sum of money to
receive of a Mr. Gooch, and be would then pay him in
notes, sad take the check. Oa their return to the
'Change, while seated on the bench, the defendant
again pulled out Lis notes, and counted them on his
knee to the amount of 1,160/. odd. " Good God,"
said hr, I Mil abort ; but what is the exact
amount of the check:" " 1,2031. las." replied Mr.
Godbold, at the same time pa ling out his check, ex-
pecting he was about to receive the cotes from Morrie's
knee. The defendant immediately snatched the check
cut of his hand, tore it to piece!, and put the
pieces into his packet!. Mr. Godbold immediately
observed that he should not have destroyed the check
till he had given him the money. The defendant re•
plied that La was going to give it him, but as be had
not enough he must go to Cheapsidt, where be would
burrow the renmiuder, and gi►e him tire Whole'smosot.
They accordingly left the 'Change togetiser. Ia their
way, the defendant went into a stationer's shop, and
pulling a stamp out of Lie pocket, drew a promissory
note is his own name, payable on demand to Mr.
Godbold, for 1,2031. 19s. In vain Mr. Godbold
urged that there was no occasion for a note, that Is
would trot take it, and begged to have the bank-notes.
The defendant replied, it should be paid directly, and ,
declined to give trim the bank'-notes he then had, as
there was not a sufficient amount, and said he would
step to Citrapside, burrow the money, and_ would re-
turn directly and give him the whole sum. Mr.
G.olbold waited about half an hone, and finding
the defendant did not return, be became alarmed, and
proceeded forthwith to Mr. Scutt, his solicitor, and
related the whole affair.
On his cross examination by Mr. Pnarr, Mr. 4od-
bold persisted that he never intended to give say 'cre-
dit whatever to the defendant for the amoent of the
produce of the bonds ; that the check was snatched
fom hint against his consent, and that be never in-
tended to part with it for any thing but bank soles,
and had in no way agreed to take the promissory note

as a security.
The presentation of the check, and the refusal of
payment, was then proved, when is came out that a
balance of more than Mi. which was io the hands of
Itssrs. Williams on Saturday, on Messrs. Morris's
accoun•, had been all drawn 'out on the Slonday
morning.
An attempt was about to be made to show that Mr.
Ondbold had actually sold the hands in question to
the defendant, and that au account remained between

them.
Sir James Brow, however, prevented this, by ob-
'erring that it could form no part of the question.
w•-liere was obvieutsly an account settled. and a check
given for the balance, and which check the defendant
was now charged with stealing, to which charge Le
must confine his reply.
Mr. PLATT laid down as his ground for defence.
that to consume' larceny there meat be proof of fell).
nious intention, sad as, even summing the facts stated
to be true, it was clear that the defendant amid de-
rive no profit or advantage. as he bad given a promis-
sory note to the amount. there was evident.y no fan
sinus mind on his behalf to the transaction. Subse-
quent consent amounted in law to the saute effect as
previous command, and he contended, on the whole
of Mr. Gedbold'e evidence, as lie had never complain-
ed to any human being, that be had consented sub
modo, and would indeed have taken the bauk-uuks
af-
terwards, if they bad been given to hint.
To show the nature of tiadbold's feelings upon the
subject, Morrie the rather was called, who deposed to
a eonverestlewbetwees him and thitibold epos 'Change
OD the Monday. when the former told hies that he Liao
Riven his eon the check, and he had given Mtn a pro-
missory note, but that he need not have put himself to
that expense, and that 111100 Li, son's tearing the
@beck, and throwing it upon the ground, he begged to
pit k up the pieces, lest omebody else should get poe
session of them.
illr.Godbold was again called, and solemnly denied
that any sacltconversation had taken place. -
Mr. Morris, lIITO sworn It did."--Ia reply