Old Bailey, Saturday, Oct...
The Times, 1824-11-01T00:00:00

It was genierally known that dIte trial of this gentleman would take place upon this day ; andI as the proceedings against hini had excited no inconsiderable interest in the public mind, it was expected that it would attract to the court a gre-at numb2r of auditors. To obviate any inconveni ence which m Ighit possibly arise froni auch an occurrence, the Sheriffs, Messrs. Aldermen Browne and KCaye, gave directions that no persons should be admitted Into the body of the court, who wereinot provided with ticketsa ined by themselves, or into the students' box,who wereinot provided with certificates from thelDns of Court, stating them to be members of one of those societies. The galleries of the Court, which are the property ot certain officers of Ltef opoain were open to ali pers~ons who bade high enough f0rodradmisi~ont', and we ivere informed that a sovereign was demanded, and paid for it in several instances. Suchi of the Re- porters as were not students at law were accommodated with seat8 niear the Jury-box, and were admnitted into them bv special tickets. The ticliets issued to the immediate friendis of the' SherifFs were very limited ; and several persons of rank, who were anxious to obtain acdess to the Court, were disappointed in their ellbcts to procure thiem. It wa?d announced that the doers of' the court would be openi at eight o'clock In the mvorniing ; andl Individuals fuirnishied with tickets and certificates were rdesired to be in attend- ance at that hour. Before seven o'clock z crowd began to atssemble abou thedoor butIt dd no conistof mor.- thain 30 or 40 pCr- sortsof wom n smal numer wre jrymen. At eight o'clock tinedoor wee opnedthe tudnts'boxand he lacesetapart for thereprtes wre mmeiatly ccuied Th galeres,however, wereforsom tim unccuied;endfre thefirt rsh nto court had easd, he venus aoutit erenot crowdled more thani is usua ateach a during the continuance of the sessions. Amog th settors in court were Lordl MVoutford, Lord Nuge, andteGvenrad Deputy Governor of' the Bank of England. There waalomr titan an usual number of Aldermieii in the Bench. Th odMyrwas in court at the cormmencement of the trial; butlfrtsbty afwer its commencement to attend to hiis official duties eswee Mlr. ex-Sheriff Parkins was also in court at an early hour. He endeavourted to scat himnself at the bairiisrers' table but was very un. ceremioniously ejected by oneof the Sheriffsi' attenIants. Hie then) re- m-oved hinmself into the dock ; but having a natural horror of the Si- tuation, retired from it,and we believe leftthe court altogether. At nine o'clock, Mlr. Sergeant ARAa rrc took liis seat on the benchi,I and the court wvas opemed in the usiual form. The Mliddlesex Jury then took their seatS in the Jury bog. anid several prisoners, chargett with minor offences, were pat to the bar to plead, atnd afterwards took their trial. The London Jury remained in the box set apart for the j'urors in waitin g. A~t teti o'clock, Alr. Yustice PARtK and Mfr. Baron GAtnosvo took their seats on the bench, accomnpanied by the LoaD MIAYOR. The Attorney-General entered the COUrt at the saLme time, Iand took his seat at Cite table, next Mr. Freslhfield, the Bank Soliciror. Proclamnation of silence was then made, and at five minuites past teni o'clock, Mlr. Henry Fauntleroy was conducted to the bar, be- .tween the two City Mlarshals, and the head turnkey of Newgate. fle was dressed in a ful suit of bluck, and his firmness seemed to desert hkim at the monment he war; exposed at the bar to the gaze of the C ourt. His step was tremulous; his faice pale, andt mucds thinner than whlen hie was4 at first examined at Mlarlborough-street ; his gray lhair had rather at lighter hue, as If from the mnixtare of a little pow- der. He never for one momnent raised hi, head, but placing his hands upon the front of the dock, stood with dejectedI mien while the pre- lhmiinary forms of the trial were arranging. Mr. Harmer accompa- 03erd himn into court, but left him as soon as lie was placed ast thie bar, and took his seat at the barristera' table. The Deputy Clerk. of Arraigns then opened thle business In the usual forms. The prisoner was arraigned upon seven several indictmrnta for forgery,tEtoial fwhichlisepleaded "notgutiltv," anddesired tobetried by od nd is ounry.Thefirt idictment stated, that on the 1stof une 111.5 a St Mayleone te prisoner feloniously forged nod ounerfited asi msed nd rocred to be forgedl and counter- feied,an wilinlyaidd ad ssitedinthe tbrgery and counter. feling a ertin eed berinthenam ad seal of Frances Vouing, withintnt o derau th ~Bak o Enlan; the secondi count chargedi himi with uttering, aiid the tlird wtdiposing of the saine deed, knowing it to be forged ; thiree othe smlr counts chiarged the intent to he, to defraud Frances Young ; and three others to defraud William Flower. Here followedla couiut,charging that the prisoner forged, &e., a certain let.ter of attorney for the transfer of the share of Frances Young in a certain siteck authorized to be raised by cer- tain acts of Parlianient, stating that the share therein amounited to .5,4501. ; atid there was one other count of thte sam-e nature, only settLing out thie acts at length. The second indictmenet was ef the satise nature, and of the samne date, with the same Iintn, but for the trantsfer of the sum of 0.0001. The tlsttd indictment wAsi for torgiuig a letter of' attorne y to portig to e a ded sined ad seaedeb eTchmasiiter all sq o Wer fot',;,in Irelaoc, wie intent fiugtoderad th Bakofh g ln thnThomasi Lister, and Janrc Le,eahbn alloftd m TA orh indictment was for forging, a smila dedfoh trnse8o41,01. stock, with inteni t to defradudirs the Ban, k of Eilid rf Engla, nd,Glbr Tho asrLingter,an JacoClen eah and all of t hem. The sixth inidictent wsfroging, on the samne deed, ott the sanme parties, a letter of attorney or the transfer of 5001. stock. The seventht charged, that on the 2d of Novemsber, 1824, the prmsie foged,&c.a ded, earng ie aumes of Hlenry F'auntleroy, J. P. Hume, ud 0. Goodehld annexed,chlaagn t intenit in different ounts, usbe 10 defrud the Bak, J.P lume, and G. Goodehild Jacob Doues~ H. Hnkey, an W.R. Haakey, of this Afte thetouth idictenthad eenread short to thie prisoner, Mtr. GuRNETY rosieand applied to the Court for permissioit to liave I therioe accommaodated witlls a chtair at the bar. Mr utce PARK.-The applicationi is of course made oni the ground of th;e primDner'S Indisposition. Mr. GURNEY..-.Certainly, miy lord. IVlr. Justice PAaX.-Oh, then let him have a chair. A chiair was immsediately haniaed to the prisoner, whto sat upon it at the right-hand corner of the dock, leaning hiis head upon isi hand, aind covering the greater part of his face withi a white hand. kerchief. his whole demecanour being at this time that of a pderson labouring under deep despondency. Af'ter the picas had been recorded, Mtr. ,justice PARK inf'ormed the Mliddlesex Jury, who sat In the box, tisat thiey mnust remove to make way for die London Jtiry. The Jury accordingly withdrew. Air. Justice PARK thens intimatedI to the Shieriffs, that it would he requisite to have two f'ull London Juriex in court, as, from the numTber of indictments, the prisoner might be trick upon imore than one of' teiem. fit had also a righIt to niake imis challenges ; anti it was therefore necessary to have a thill consplement of j'urymen in court. Besideh,it mnight not be tight that the samne jury should try himn uopn all the indictments. Somie inquiry was then made as to the time during whichit i miht be necessary for the Jurors to remnain its waiting 1r. JustiCe PA%Rsr.-I can not pretend to say. I doiiot know whether a second jury may be wanted Oir not. I do not know how many of thtse indlictmentsi will be tried, or wliat timie any one of themi may take up. I know nothing of these cases save what 1 have heard from tthe gentlemian at thie table, and ,what I hiave ltarnied from the depositions which have beets sent to me as Juidge, and which I have of course perused., I merely throw out the hinit that a second jury may be necessary, withoutI saying at all whether it is iprobable or tisot that their attendtanice will be requlrect. A jury.was then empanelled. Tle prisoner made no challenges, and seemed to pay little atten- tion to the personas of those who were to formn his jury. Their naines were as follows-. Thomas jKeely Job Elliott Ab. Aga John Bowatty Job OrtomIThma Clre Thomas eReehe Proctor J hmsGod Edward Joce Tlhomas Drive i.Witchurch. The DeputY Clerk of the Arraigns asra t o lejr the first indlictment. It charged the prisonierwihorngadit uttering and publishing as truie, and with dispoigfanputg away, a power of at torne;r for tIme transfer and saeo ,01 e ent, con- solidated annuities from the account of isFacsYug The first count charged the prisoner with forgin eti ed h tenor of which was set out, with intent to defrau te ovnor anid Com- paLny of the Bank of England. The second count chargzed the pri- toner with uttering and publishiing as true the s3aid deed, with time like intention. The thirdl charged the prisoner withi die osing of and putting away the said deed with thec lik-e intenitiost. The 4th, 5thi, and 13th counts were similar in forns, charging the prisoner witlh forging, uttering, atnd publishing as trnse, and disposing of and putting away a deed,setrtng out the power of attorney,with initention to defraud thie saidl Frances Young. The 7mh, 8th and Outl counts were similar in form, otily charging the felony to hiave been corn- nuitted by the prisoner with intention to defraud one WVm. Flower. The 10th count charged the prisoner with forging a certain letter of' attorney to sell, assign, and transfer all or any part of 5,0001., being part of' the initerest or share of oine F'raisees Young of Ciicitester, spiste, o an incetai ernsfrraleannuities esitablished by ccc- tamact o Paliaen threi rtird.The l1th count charged the prisoer wth dmandng ati edeavuring to transf'er the stock of Y nadr th powe. (i conluding it, theDeuty Clerk A toldthe jry tht theprisoner liad pleasad "not guity, an tht tey ereempneledto inquire whether he was so or not 151r. 1i,Aiv opened the pleadings. The ATTOILN-EY-GENERAL stated the case to the jury. The prisoner at the bar was charged, as they had heard from tilie indict- usent, with feloniously forging a power ohf attorney for the sale of certain stock istanding in the books of the Bani. of' England its the namne of Frances Young, and also with uttering it, knowing it to be forged. It was hiis duty to stite to them, accrding to his itistruc- tionsn, the circurnstances out of whifch this prosecution had originated. and afterwards to lay before them the evidence which he had to ad- dute in tsupport of that charge. The jurxy would feel that in tlse di- charge of the painful duty which had that day devolved upon hint, he was; bound to confinie himself strictljy and implicitly to a state- ment of the facts. In a criminal charrge, and espiecialrly in a crimni- his counsel by the -ules of Bnglish law had rio right to ad. dress them in his behalf, they would feel, that if he were to make any observations calculated to excite in their minds impro- per resentment or prejudice,-if he were to exaggerate or aggravate the facts on which the charge rested-he wouoa be acting a part that would not only be unbecoming, but that would also be highily reprehensible and improper. HIe sdould therefore confine himselfto the facts which he had to offer to their consideration in suppo t of the charge on which theylwere then empanelled to decide. Having made these preliminary observations on the manner in which lie was bound, according to his judgment, to perform Ihis dtity, it could scarcely benecessary for himb to put them on their guard against the influence of any eircutnstances which they might have either heard or read to the disadvantage of the prisoner previously to their entry into court. The prisoner was etstttleu to their judgmcet and de- cision, not Sri any itiformation .e suspicion, or surmise, or impres. sions created in their minds out of court, but upon tie evidence, as it shiomtld appear that day upon oath to them, at the bar; and there. fore, if they had fonmed any opinions unfavotuable to the pritoner, he wbuld exhort them to dsnalasthem frosm theirrecollection,anid to direct theirattention to the evidence whicliwould bethat day adduce-d, and to that evidence alone. He beggedl leave also to remind them, that althoughi they nust havc heard from) what had thjat day passed in court, that there were other charges against the prisoner, he heel a right to be tried oni the charge then before them asi if It were an in- sulated one, and without reference to any other. He had a right to theirjudigmceit, as if it wvere the only case against him ; he had a right to their judgment as if no surmise or suspicion againist himi hiad ever come to their knowledge. He knew that these observations were almost superfluous as addressed to gentlemen like thiem, w-ho only desired the impartial administration of' justice ; but ha tirusted thatthe wold nt tinkthatbe ad oneot of his way in retaking the, peviusl t enerig uon thsatmeat which he was then goig ssubie o teirmos seiou cosidraton.The prisoner at the ar as,as heyhadperhps ear, aparnerin the house of Messs. Mrsh,Straey,and o., ho crrie onthe buisiness of bankrs n Bener-steet.Tuehoue hud been established thirty yearis ago ; andth ftrof th rsner was taken into it as a partner on Its origna foma ion ewas tak-en in as partner, becautse the oither prnrs in the firm were uinacquainted with the bainking business, ad becauise he was well acquainted with all its details, having acted in another banking-house tis the directing and oenfidential clerk. In the year 1807, Mlr. Fauntleroy, the father, died ; and his situation was immediately occupiedl by, his son, t-he prisoner at the bar. From. that time almost the whole businest of the hiouste devolvedi tpon Ihini, owing to hiis qreat experience in hu. siness, hiis practical knowledge of its details, and hiis coniparative su- proity in those respects over thle rest of his partners, who wvere almost totally uinacquainted withi commercial transactions. In the year 1815, a lady of the nanme of Franaces Young, residing at Chiches- ter wvas a customer of thec house. She had an accotxrte with thieni,~ ana had at that time 6,4501. in tile 3 per cent. Consolidated Annui- ties. The lhouse hiail a powver of attorney from her to receive thle dividends upon heir stock, but had no power to transfer or sell the principal of it. In Mlay, 1815, an application was made at the Bank of Eglan, an wasreprsentd tobe miade oni behialf of this lad, t sll ,001.of hisstrk y er power of attorney. Per. hap th getleen f te jry erenot aware of the manner in whic saIs ppliatins ere ade atd fie would therefmore say a fewwors is eplnaton f i. Te arty making the applicatio atteds a theBan. Heis tere umnslied at a particular office with asiofper, on which he writes hiis owo name end( address,) tenmandecitoofthe stockholder, as given in the Batnk, boos the nmsa dsiposofte attorniesi, and the puarposie for whch the poweri eurd either for di vidends, or for sale, or for tran-fer. The applicant,n atrflig up this slip, hiands it to the; clerk, woprepares the power fro t Tuie clerk delivers the power to the apicant either the same or the following day. Th~e slipi i I however, kp and preservedt for a certain period of' titne. Theyi nunar now reolect that it wail nine years siince tite slip in this trans- actiom had been presented. In the course of that time " con- siderable accumulation oi' slips had taken place, and, as they were not thoughit of tnunlt importance, had been des:royed. Amiongst the slips so destroyed wvas the shiit on which this powver had be en prepared. There was, therefore, no means of showing either that the prisoner pre-sented it, or that it was in his hand-writing. Tuie power of attornev', however, hiad been re- turned to the Bank, to all appearance reg ularlr executetd, and at- tested by two witnesses. It parported to be sigiied anti exvecuted by, Frances Young, hut her signature was a forgery, as she lhad never made any such instrulseiet. Her signcture was attested by two witnesses, Jobhn Watson and James Tyaon, clerks to Messrs. A-larshj and Co. 'those attestations were also forgeries. Neither of these individuals ever saw any such instrument executed, and at that dine had never seeni any such person as Frances Young. He muxst row inform them, thaE Whlen an instrument of this* nature was executed, it was necessary to fill up the printed forms with certain words written at lengthl. Now, inl Ltli case the date was filled up in the hand.writing of thie prisoner. It was necessary to insertu the de- scription end address of the witnesses wvhoattesred theexecution ofit Thtey were desceribed as " clerks; to Warlsh, Sibbald, and Co. hankers, Berners-strcet ;" and those wordls also were in the hand-I writing of the prisoner. That lie was, therefore, a party to the forgerv, appearedi quite clear;, he must have known the writing of the clerks employedI its hlis house, andl seeinig their namdes subiscribed to such an inistrument, must have instantly detectedt tke forgery, if' tie were not a party to it. He would now sayv a word or two upoti the course of proceedting adopted in acting upon a power of atton~' after it obtained. It islde tteBn,adi etthere twenty-four bours to be passed. This mieasure was required, in order to give tire Bank clerksi an op~portunity of examnining the stock tieeicribedi in thie power, withi the accounit of the stockholder in the books of the Bank, of ascertaining whethier the power is regularly executed, and of iiiquiri-ng into the genuineness of the instuet by comrparing the handwriting with the other signatures othe erson if any suchi exist in the hooks of the Bank. After twny-or have elapsed, if the transfer is to be mnade, Ithe party nae inth power of attorney miust attend to make it. It is me quicd hatheShould write on the back of it "1 I demandtoac by this letter of attorney." I-Ic must then date it, sand sign iris nansie to it, and that, too, in thle presence of one of the clerks of the Bank,I who attests the signature. Now thils power of' attorniey was lodged at the Bank on the 31 -t of May. On the Ist of June, the prisoner at tile bar attendled at the Bank, of England in person, 'and demiand. eti in due formn to act upon it. He isigned hiis name to it in the pre- secre of onie of the clerks oh' the Bank called Bowring ; so that in rhsiscase they wouldI have before thersrithe e,otvre of attorney filled up by hiimself, purporting to beexecutedbv I ranices lrtung,purporting also to be attested by two clerks in his wow house, with whiose ha-id. wniting he musthnave been acquainted, produced by Iimn in person at thie Batikh, on which he dtemanded to act -t the Bank, and to which he finally subscribed hisy nam-ie, in the presence of one of the clerkst of that establishment. This was only partof the case which lie had to lay before them ; but even supposing that it rested here, it was pregnant with the most powe-rful and conclusive evidence against thie prisonier. There was, however, a document, of a cha- racter so exatrardinary, so perfecctly unparalleled, so singu- larly comp,lete in all its parts,. and so conclusive in its effects, us to leave not th)e shadow ofa dou bt as to rIte part taken in thjis tratnsction by the prisoner at the bar. At the time the prisoner was apprehend- edi-anid he wasi apprehiendted in his OW) couInting-11ouse-1he loc-ked his Pirivate desk withi a key that was atttached to his watch. That key w'as afterwards taken fzotn him at the police-office by rfie officer who apprehended him. 'rite officer gave it up to the respectable so- licitor for tue Bank, weito went to the banrking-1,house in Berrners- street, to search amnong the prisotter's papers inodrt setais from them, if plossible, the part which he hLi taken) in this forgery. In one of the rooms of the house behind the countingz-house is a parlour, reserved for the use of' the partners in the bank, ad those persons with whomi they had to converse on business. In thlat room, t.ihich contained several tin cases for the reception of title-deeds, with the namie of their owners written upon them, Slr. Freshfield saw one tin case without a namre. That very circumstance led him to exa- mTine that tin Case. The key witich had been tak-en from the pri- sonr oene Iss pivae dsk.In hatdesk was founid another key, whih oene th ti cae. tt he asebei~ng.opened, miany papers beloning t theprisoer wre dicoveed in it : aniotig others, rthe extrardinay doumentof wich h hadjust spoken, and which he ?. s. d. Delapiace. . . 11,140 gj 4 Consols. B. IV. Young. . . . ,000 Consuls. (General Ykoung. . . . ,000t Consols. Frances l'OUDg - - 5,000 Consols. Jedediah Kerry 1;,ooo Cognsuls. Lady iNelson. . . . .II. Consuls. Sirs. Pellisam 2 0,000 4 per Cents. Earl of ossory 7,000 4 per Cents. .J. Bower9.500 4 per Cents. Al. C. Parktins . - 4,000 Consuls. Lord Aboyne . . .1550 4pesr Cents. Elizabeth Faunitleroy 3',550 5 per Cenits. WV. Reader I 7,000 H. Fauntleroy j Peter Aloore and ) 2)1,500 3 per Centts. Johin Alarshi 5 niiaking a total of upwa-rds of 170,0ttot. Tuie whtole of this paper was in the Itand-writing of the prisoner, as were also tile words whiceh he shiould next readl to thetia :-" ,Ir. order en kceep up the cre- dit of'our lhouse, I have forged powers of attorneY, and have there- upion sold out all these sums without the knowledge of any of tniy prnrs. I have respectively placed the diividends as they becaitte du oaccount, bitt I never posted tliem," signed " R-. Fauntleroy, 7th Al ay, 1816." To this was suibjoined a postscript, also in the prisoner's hand-writing-', The Bank began firat to refuse our ac- ceptances, and thereby to destro,y our credit. They shall thterefore smart for it;" signe "H k. F." A miore extraordinary documen to he discovered uteide- ~uclt circumstances never existed. Wast there ever a record of fraud mnore intelligible, anid n-iore neglignl griarded P There could he no doubt, he tksouglte, that in Man-y, 1816, whien this singular paper was writttn by tuie prisoner, it waLs written for sonte immediate purposie. It Might be that at that parri- eular peroiod he had soMe jiDtention to abscond, and wa-s at the sante time dlesirous of acquititing hlis partners of all participtationt in the frauds whirls he had commnitted. But t'hat intenition, whlatever it was, passed away, artd he left tuse docunsent, whirls he heel prepared in contemplation of it,_a docilm.ent which was so siingular in itself, and so fastully conclusiye in its chiaraeerCT-Witit the most unac'- countableri ngienc amonghis other papers. It -night appear to thteni almost idle, after the production of such a document, to proceed fur- ther withi evidece. ts was, however, hits duty to trace this forgery fromn its comimencement to its conclusion, because lise was anixious t show thiem, not only that it had been committed in the miouth of fJune 1815, but that the monsy wlichl it hiad produiced had found its way at that tiine into 'tle flunds of' the hankilighouse, and lied beerj transferred from tlserii to the private ac- counts of the prisoner. The person wlio was enmployed by the prisoner to sel~l this stockc was a broker, of the namie of Spuir- ling. The stock was soldi on the Ist of June for 2,U561. 5s. From this sum the comnmission was to be deducted. Now, the broker's commission on that sum was 61. Ss., wltiich ireudered th'e net proceeds of the sale 2,9601. Therefore, giving credit to the prsner lbr onie-half of the broker's coiamission. as was usually done3. itt traniiactions between brokers and banke'rs whien ac-tinig for tlieir castornies,, the whole sumn wthich the prisoner would tive to receive on this transfer would be 2,9531. 2s. fd. That sum Alr. Spurlisig paid by a check into the hands of Messrs. Alartin and Co., a banking-house in the city, with whom Mlarsh and Co. kept an account, as it is usual with bankers at the west end of the town to do with some house in the city. That m3ney, he woul(d show them, found its way from the hands of' lMlessrs. Martin and Co. into those ef Messrs. Mlarsh and Co. In the day-book of Mlessrs. Alarsh an'd Co. there war, under the date of June 1, 1815, the precise entry, " H. F. 2,9531. 2s. 6d.," entered, as he would prove, by . clerk at the dictation of the prisoner. From this day-book the sum was afterwards posted into a ledger kept by the partners for their own private concerns, by the prisoner to kis own private account, after an erasure liad been made of a susm forerly posted in it. Prom; this chain of proof they would see that the produce of this forged letter of at o ney was ultimately enteted by tbe prisoner to his own private credit in the ledger, kept by the partners as a check upon each other. The jury might perhaps ask, as this forgery occurred so far back as tite year 18i15, how it happened that during the successive vears that have intervenee since that time thereceipt of the dividends could be son a. naged hbr- theprisoserns toes cape altogether the detection of his part. netss? Thefact was so. He(lie Aeeorney.General)was not called on to explain it; lie wituld merely call upon them to remember, that he had alreadytold them that tie business of the house was almost ex- clusively managed by the prisoner. Indeed, he had the entire tra- nagement for the firm of all the stock-market business. He woAld now inform them, tlat at the period when sthe dividends became'due, it is the eustom for all bankers to send down to the Batik lists of the dividends tey have to receive on each stock;* for instance,l Crnsols, ansd new 4 per Cents; and theselists are checked by the derks atthtc Banlt, who enter on ithe margin ofthe lists the nunmber of the divi- dlend warrants. If any enor should appea.r in the list, it is ntoticed by the clerk; and wohen the list}s corrected, one of hte partners at- tends two days before the dividends are receivable by the public, signs the receipts, and takes away the warants. Nlow. lhe wiviinl shew, that these lists were regularly prepared b# the, pri- soner at thie bar, aend that they wcre always so prepared as to maime Ithein c-orrespond with the amnount of stock allowed by the prisoner -o renmainitithe Bank of Englanti. For instance, Mtiss Young's stOck' was originally 8,4501., out of which 5,0001. had been sold by mearils of the forcd letter ef attomney ; 4501. was therefore the principal sum on which the dividends were afterwarcls paid. He would show'. them., that in the latter part of thie year l815 thle list wal made out for that sum In the handwriiting of' the prisonet& In Mlay, 1823, Mliss Young purchased an additional 10(1l. of stock ; and hie would show that in the list of' 1824, the entry at ber ninrc. was for Sti1. The partner wvho went to the Bank to receive the dfi- vidend warrants belonging to the cuswomers of the firmn of Marsh antl Co.. was AMr. Alarsh. Nothing could be more convenient to, the designs of thbe prisoner at the bar than this arrangement. Itr.. Mlarsh lived out of town, cameto it but onceea quarter, was enltirly' ignorant of bankin,g rraneactions,and therefore incapable ef detecting these frauds. On his going to the Bank to receive the dividends wvhen they became payable, he received dividendB on Miss FrantC5 Young'a stock, first as for 4501., end latterly, as for 85501. These di- vidends he delivered to the prisoner at thne bar, and then his tduties at thre Bank were discharged. The entrf was then nmade by threpri- sorter in rhe day-book, of the divid ends; to which the parties ware enititled. The entry was not the actual am-ount of the sum paid Oft the dividend warrants, but of. the suxms which would have been pay- able to the coatomers suppof Ing that no. fraud had existed. The was acein tis anne bytheprison7er, to avoid as Much .L5 possbleallchace o deecton f te frauds hie hiad committed.. I hee ws yt anthe cicumsanc whch he must mnention to the-z befor he rougt hi staenset toa coclusion . and that circu nr stace elaed o te nreo rie boke o thllew of the stoick. T&'r sale-note had been traced to he banking-house iii Berners-streeL. lf the trainsaction hiad been fair, the sale-.note would have been kept by' them on afile, anidacopy of itwould havebeen sent to the party wIe' had sold the stock. Thlat rote, however, had not been transmiLred to the ho,use: it was not found uponl the file, nor had a copy o it been senit to Silats young: it was, however, found in tlirO priva11te tin box of' thie prisoner as the bar, anld ini cnmpane- with the extraordinary document which had already been re.ad: to them. "1 TIhese," continued the Attaeney-General,, ` are the leatd-. lng facts of this Case. I prove the forgery by producing the in-. stru ment, anid by calling Frances Young, end the two atte,stirg w;It- neses-orf whiom the firs,t will tell you tiaLt she neerL either niiade or' atirned suich an inistrument., and the latter, that they, never saw her wrrite at all, much less put hier signature to any instrunaent; I provan tlle hand-writing of the prisoner at the bar', in) filling uts the date of the instrument, *and in giving the aLddress un dre. scription of his clerks; I prove's is handwriting, also, on the: back of is,in signing Lhe demand; I prod-ice the extraord-i. nary) document WhiCh I have readt to you ; I show it zlso to be in hiS wrtn,ad bid youi to reflect on the arcknowledgment it c,~Ptinais of' the forgeries hie has commnitte-d; I prove that the power of at.OrnetY was in his hands before its execution.-..r:at lie got the s-tock traL` ferred iinder it--and that hie resteveel the money whlich it produced !? I prove thiat he hias gone on cred-iting to the parties who-se stock wruna trnfre,dividends whicht were not and couldi not hr receivet.. and winch the prisoner knew were not due, because he hal.- hinree)i sold out the stork on which they were to he paini I prove hinm to have beeni acting in this maniner ev-ery y'ear sinric the year 1815j. play-ing the part Ihave desaribed to you with great ac-. tivitv and caution, in order to prevent the detection of the forgerv,. which hre must inervitabl 7 hare discoeredet ifhle bad -not been a parry- to it. Havinig stated thiese facts on behalf of the prosecvn, I havel now discharged my duty. Is would ill become me to gh n opinif of their effect. A scolunsel for the prosecution, I have ut11oded theon to you ; you w'ill hear thte ev-idence that is to substanltiate them with attention and care; youi will discharge your duty, painful as is is, withi intelligence and firnnniesz; and in doing sn, you will, I liave no? doatbt, administer imnpartial j'ustice to the prisoner on the one sidt, arid to the country arid the public on the other. The learnied Counlsel then called the follow-ing witnesses to sub- staiettiate hlis case : Jaines Tvson, examiined by Mr. Sergeant BOSANuU ET.-I was a clerk to Mgessrs. Silarshi, Sibhald, and Co.. 'at tie time whien lr.. Fauntleroy wast appirehended. I have been a clerk in that housftfor thie last 17 years. In 1815 tire partners in that house were S6ir James Sibbald, Bart., William MAlrsh, Hienry Fauntieroy. George Ed- ward Grahiam, and Johias Henry -Stracey. Thie prisoner at tire bar was taken lint the hootse in 1807,, the very year ini which I brecame a clerk of the hiouse. I always considered Sir. H. Fauntleroy as thle active partner. He transacted the principal business of tir e house in general, but Mfr. Stracy ace omeitimes- My.r !llarsh lives in Kent. Sir James Sibbald died in 1819 or 1820.. AlIr. tGraham had been a Colonel in the arnriv. I know tthat a 14lad ,If the nanmelof Frances Y'ounig was in 1815'acustOn:cr of toe hoult.- [An instrument wias here put into the hands of the witnegss, pur- Portn to hr! executed by Frances Young, authorimng Wlilians AMarsh. Sir James Sibbald, Bart., Josias jlenry Stracey, hienry, Fauntlero'y, and (George Edward Grahamn,jointly, and each of thenit separately, to sell, assigni, and transfer 541001., part of stre interest of the saidl Frances Y'oung, in the 3 per Cent.. Cosl4 I see the name of James Tyson attached to it asasbcibing witness. It is not i yhn-rtn.. wa that I did not write it. I never sa'w Slits F. Young sign any deed.. I nevcr saw her in toy hise that I know of until I saw her in th~e office: at Alarlhotough-street after M1r. FautiiLeroy's apprehension. I see: the description of thewito,esses It is, - Clerks to Marsh, Sibbald, and Co., bankers, Berners-street." That description. I think, is, in tilr. Fauntleroy's hiand-writing. It is like Iiri character. 1I believe it to he hiis writing. I have been in the habit of see.- iilghi wile weekly, daily-, hourly; and havingi suchi knowledlge ofi' hiis haTnd-wwriting, J say that I hrave no doubt thiatihe words of the des~crription are his wriiting. Ir.Justice PATxK suggested to the learned sergeant the propniety' of asking the wsitness whether there had ever been in IIMarsh asnd Co.'s hni,se any other clerk, of the samne namne with himself. Air. Segant Bo SArrQrxFT accordingly put she question. The witness contitrued.-There was no other clerk of MY name! in the lhouse that I k-nowt of. The word.& uISed ii filling Up tire dare in the = cwr of' attorrie-v, are "1 thinrty.first-..SaY,`" fifteen.," writ.. ten ,t icngii, anti not in I 6-11- i thosec words to be in tire hand-writing olfSir. Fauntleroly. I see tin endoirsernent ekn the back of the insrrrilincnr. It is, ", I deiulnd to act by this letter of Si.- torriey this I ,: day oiJ une, IbiS, II. Fauntlery"I ir no dou)t that the signature17 " H. Fauntlerov " is Mtr. F,auteroy's signature.. Cross-examnined by SIr Graexay-Mr. Fattotleroyv had'a house at Brighiton. Hle lhd apartments in Berniers-srreet, but. I do nor; think be rived in thenr. He had no house in the citv of Lundon. I do not know that he hadL any cottage in S,urrey. Jolin Watson, examined by AIT. BOLLAxD.-I Was clerk to, Messrs.llarsh and Co. at eke time of their tiMare, an?d I had heta their clerk for 25 years prev'iously to it. I see the wvords~ "Johm Watson" in this instrunient. There wvas never any clerk of tire narme of Joirn Wlatson in the house of NMessrs. Alarsh and Co. excep.t mnyself: The wvords` Johnr 1Watson" irie not in ore hand-writing. ln IRIS I di-d nor know Mliss Frances Young. I didi-not see her gigam her ameto hispowr ofattrne, nr dd Isign my name to. I am acquainted with therhand-w ritinlfHnr ruteroy. I stee the ay,' diti.flst ay, atthehoeem fthe insrurment, It is irs ir.Fanolery's andwritng. I see the words " Clerks ito Mars an Co, baker, Broer-steet" Itell the Court stsat I knowthoe wrds o b inSIr Fausleoy' had-writing. I see the demand on the back of the instrumetan the signature 11B.. Faun tleroy." That is also the writing oftr trsnr. Tire witness wats riot cross-examined John Browning, jun., eXamined by Mlr. I,AW.-l am a clerk in, tins Barik in tue 3 lper Cent. Consol-nffice. I hiave been fo)r upwards- of 24 yeats in that departmnent. I ant the subscribinig witness to this, instrument [looking at the power of attorney Put into his handl. I' saw the signature H. Fauntleroy," written by the prisoner. I carthinns write it in the sixth division oi'the Consof-offte. Tiratis a room in the Bank in tire city of london.l. have isese with me the liank- book in which transfers areentered.'The demnand to act ontlire po)wer o attorney was signed on th3eday mennion,edin it. [Thewitness was here dles,iredto refer to tireBanik ldger.1On that day MiasFrancesY'ounlg had.!1 I ee, 5,801. 3per tnt. Consolirlated Anlnuitits standing ins. her namie. I[The witness was then de-sired to refer to the trarsfer_2 book1 I ee a enty onthe t ofjunle. 1815, ef' a transfer of. 5,001. pe. cet. onslidaed nnuties froni the namne of lsa Franes Yung,of hiehster to hatof williamr Flower, of the~ my presence. 'Cross.exsnninedl by Sir. GTNEsY.-l1 am, sufficiently acuitd withi Mlr. Faunfleroy's hand.writingt nwi hn I h,ee it. Be~, sides, I saw hint write his signatuire upon that occa-sion. Mr. Etobert Best.,examined by Sir. Sergeant BoSAicQUET T.sIna~ secretary sto tire Bank of England. I hav'e brought with me thle~ Mlinure. hookof tire Courct of' ireccorne. I havcaebowa minnula'ie ina en tire 21st of October, 18'24. There is an entry there, describing,' the procceedings of the C~ourt on that daly, ana an order to tls' following effect :_`Ordered, that 5,0001. 3 l-er Cent. Cmnsoh(.' sfhoild he rurchrased aud centered in the namne of' Aliss France~ \'eung." There i sa preamnble to that order. SIr. 3erg-eant BnSANtUwT.-T ha does it state?, MIr. QURNEY asiri Sr. BstoDnItie objected to tire question- Sir. JustiCe PARKt was, of opinion chat the sinintree Of this order' was evidenice, but not she preamble which led to it. Mlr. GiURNEY (to the WltnesS4-1'1.-Wayeu1 pres.ct It hen this esee lotion was agreed to ?-I was not. MIr. GURtN'EY contended shat,as thlat was the cv,ti re e not, evidence. andi h~ Skir. Justice PAP. K observed, that this order was contandith bo-oks of tire Bank of E3ngland, and those books had alwavs ! tri zdmitted- as evidende ever since he liad been in the Professran. 'r SIlr., Gu itN Ey admitted thiat the books of the Bank were evidenesi as to certain transactions, but contended that the resolultions oh' lrI Bank Directors, tos which they agreed in their private parlop5r, ant, to whichi the public Were in no respect Parties, were not eviden..e, eve'i though they were contained in the hooks Ot the Bank. The ATTotRNEy-GRSt`E1tAL said, that tire would not reply toth,,' objection at present, as he could carry his evidncefe'ae tilr. Justice p.astl- will let this evidence mani:k,nry note~c at present, to see whether is is followed UP. lii b net I r then consider whether it ought or ought not to be submitted to tIbi 'jur. Best continued.-The minute of the 21st was afterwards cot> firmed by the Court in ry presence. It was agreed to on ti.- 2Iles:. October, when I was not present., 1 read it to the Court on,r8ie2 2 it was then confirmned. The ATTON Y-GEcG LEnAL,I understand you to say Sir, tb, ' onl the 21st, the m.inute of this ordter was; read to tbie Court of ) rect.ors, and adopted; that ini was afterwards entered en the rratil hook, and thner confirmned on 'the 28th, beinag the next Coun et i that soP-xacnly so. S\ir. Justice PASic.-YOU take down, I suppose, what psa, i4qj the Court on 3 lo*seslip ofpaper- you afterwads reduce i, to fM and siser it into a book; it is then read to the Court at a sxbsI1 meeting, and co nfirmed: is that so ?-J ust so, my Lord. 1tRJ Cross.examined by 4llr. GurtLwEv.-You have told us that I resolutions were come to on the 21st, in vour absence; 1 asy yo 'Sir, by whom werc they reduced into writing ?_-By l\ls. yatso, of my office. When ?-I cannot say exactly: in general thev are reducd * so i form on the asame day or tbe day following. eds Therefbre, what you read to us just now was not theapa was read to the Court of Directors orsthe 21st?-No. Tbst 1 was written by the Goverror of the Bank. Heharnded it me whr I came into the room; and it was copied from that r ~thehbook. Have vou that original minute bere ?-I have not. I s resolution' it contained from this book, and after I hadreedit,tt v. I confirmed by the Court. lir. Benjamin Cole, examined by AMr. LAW.-I ann to the Bank of England. I was employed On the 2d of t0 by the Biuk of England to purcbase 5,0001. 3 per Cent. Cnsole i' them, and to transfer thtat stock to the name of Miss Young. I accordingly made tle purchnseof such stoc na .. - iLt rcuaY tn~. Th-e &ac1 paia f,or it tins 4,8121. 12i. ]Oa. rA r wa=hare ut into t-he hsands Of the -iteas.) And ZutJc.read rceL j tthis order from the Bank for the payment ey.Jtc t Is s.!gmod byr the (lovernor of the Bank e cclvd th min- anjmldfor the atwck. (Anothier paper produced.) ThC iaz~thaw ra'hiswitns wre teir ut anaid read. ~llr. anmn~ a 1~-k inthe hako nln,was then cxa- thOw&t te stockso tsrhedbtelat witness had I~?C~ tranferre the iamo f Slis F.sCn. n o stood in the Mr. B s~as hero ecafledand unan aaerwith a seal beig Th~~ '5e~,of the Bank of England. ATTOa~GExEOALlitre made anobservation to thle ('Ose. lI wasinflriard tht hejr i.nosethe tendency of thSe?dr.e Uwuld, rith h amsluo hi Lordship, juat Sr. 3osm;r-e P.,,s.as-..' eaienter of the jury, this evidence ist ra- t?irr c2mso to m than to coa It i- intended to showv the corn. Prt'Tency OFA witness whom tle prsctr deslg,n to call, and does t~ot a,, pmzees-_l aQ1Rc the- merits of t he case. To mnake Mllitt Young, Vhmit is intrended to call, a competenit wilness, the prosecutorst RTiZNI thwihat she has no interest either in Invalidating ar affirm.- i tl' eU5fltiy a th-e power of attorney regardinaz which we OtO '*~~ThBank, I understand, have replaced her a-drvfca-~.c, her front all claimrs they nighlt have upon her; uid this leaper t. prodneed to estnblih that point. Th 7,,-trt Cler'k In! the Arraisins then red a paper under thle gretat F-cal of tire Dak,of wehichi the tendency was, thiat Miss YeuIng's !tock had bern rrpleee.3, and that the Bank wjtkdrew till claims whlc-h thZ-v mlight base upon her for the rePlacement of it. SIr. Beriwnmnrt wasl recalled. He dem&&se that from Jane I, 1815, to U)CeZber M22 -R2l iss F. Younig bad nev-er had more than 5501. ~tMlk =2ttshed to her a3me in, the bc.oks of the Bank. There is now in, tit'c in her nanme 5.W). per Cenrt. Consolti. An additional ens?1 ' " ofM.tiL~ wa; inade in Oatobr last. _1cane. ns- th. e pres-rtltan now proposed to examine Miss F. 51. mr: G.-t.n sry !i-tcsd to thecomipetency of' Sl,s1' Young as a iIy.Thrree wa to evidence that she lhadleeeived the dividiends Cil her stock sir l.if Ithe power '1 attorney by, which her CI5rkI had been sn!d outuas"genuir in'Imntsl'ehad noclaim to thentl tn if%ere, a flar-cd irmm then she had a claim eipon the Y4111; 'tl te drvide.-As wh',r ha accrued since it had been acted 'A"n at tit Btark. "t hail therefore, an Interest in pKOvin the 1"7t-cr (" attirner "I bz i '.bemuse It wonild entitle her to dlvi- lA I value. She waLs therefore an interested, and culiCOl i nc-Mperieris, witmwe4. Arhe~T0nviqE.('t:rnAt said that he would obviaLe his a- dea,re K\cb,reinn, by. proving Mliss F. Y'oung's signiature to t'O rihe -ink- erm all 0ainms which she mighit have up- -non account otthe dividerids. MXT. FrashlificH was placed in the witners-bo,x. A dleed having r~O' ut Into hi, ad he 5aid,.. I sLaw thisi deed erecutedt on the -th riffcpethe 1821. bv y 'iZs F. Yo-sg. of Chiclrsster." '5 deedl sf e!w be Miss Yous'g to the Brink of England of all eairos she mniOh has-5 upon them for dividends on A,Wiil. stock, &C., Sa cetthze far-ecry in I 315. was th;en put in ind read. SI1r. J ustice PAL se.-..C.:ai ls FN 1 . Young. Mliss F. Youing. Cexamined by the ATrtOY,GEY.(E-1UAT--[ liVe at (t-chr-ter. I resided th'ere in 1816. AMarsh, Stracer, and were my batkeer at th.,t time. I hiad thea 3 per cent. consols to the atno-nt of ,t,4Wl. 51 aith and 0o. received the dividends up. on1 that ,itok ftur r-r. I Purchlased withiin a short time back 1001. tmore. I receired the dividend,; on 5.450l. regularly before I made tl:zt 17u-elrieae, sr.d I have received thetii resularly since on 5,5501. I remer tuthor,7red Marsh sand Cia. to sell 5.0001. stork for nre. I POrrt exec'ire'l that ins-trument I IookinF at the paper.) The signa. ture, [raorris Yaurz, is no: myv writinsg. I never authorizedl the 1l--eJie7. nor, ans o"n-r I[--,on, to sell out 5,0M0. fir me. 1 was t'e,cr in Loindon eitlserin Slay or June, 1815. I was all that time This zitne-ss rw s vt cro-ss.esaniiued. She appeated miuchi agi- 1tated. .Ines Tv.sn, rcajled. -Mri. Slink generally received the b.slk o3f the dividcnds at the Ban-k, as hr wtit the sei-ior partner of the tir-n. 1Refire the dliritfends are received, it is utual for bankers to uaakr ovut a list of the sutn-. they have to receive fee their customners. Th2mt s wituas ree-rt..rdh nirde out in our house by AlIr. Fauntlerov. .I A L,1 -a., here pitt rinto the hands of the pri.saner. I That is a i"st oft-e dividends to bf -received in July, 1824., upon the Consolls. Thc eradoesemvent on it "' 3 pci cent. Consols, Julv, l18'24, Mfarsh, 'S!race r anid ('ok. i~ io the hand-writing of tIme rritioner. I swear that is-ssitvely. The paper contains a lone list of names and sumts ta'sitrc to them. 'rie whiole of it is in the hind-writing of the prisoner. The iist is alphabeticol. The rirst column is in redJ; the rcd 6.rures are made by the Bank cijerks. The two other coilumns-, the onse of the n'anres., and the other of sums, are in the handwritinz of SlIr. Fauntleroy. I see the namie of Fran. saY ouniz in hth list.;z 550i. is placed ojiposite to her namne, as the ~um upon whichi the dividends are to be received. WVhen the divi. ,tent -arrants had beer. receired bv Mr. M1arsh at thie Bank of E Rgland. lie brought them home and cave thena to M1r. Fauntleroy. "'r. Fauntlem., made oat the account o part ofrihe saimaso received; me trost wrere orade out by- the clerk. I have gcot thie cash-book fo! 3JuIy. 11324, with tire. That book L.ontains a list of the di. videnriq rtceiQe at thit time. The tirst twent '.four items in it are in the haul.. riting, of thie prisoner, thie remiainder are in that of a clerk. I see the following eittryamnong thtose made by th. lirianrer: -- ' Iisa France, Yo"tn.r, 5_Se)l.=83.s5." [The wit. nes,, then pro"uced various ledgzers belov -ine to thie house of Marsh in i. Co., and re-ad entries in theM, fromn whichi it appeared that from utly. ,1823. ite m lii ~dends credited to S!iss F. Y'oung were on 5.6501.; AT,l, t hat pre vi Ru ir to t hAt t i mne th e had been on 5,4501. T he en trties i n t he d a v.book we~re t rred back to 1 815, and wecre i nv ariably found to l-,i ninIte cprtison -'s ha_n.d writi ng. Th e same was th e case i n th e cash [wo-ks . I have cot the dav-book for June, 1815. On the 1s of -..Vne, the ra,n of 2..453L :29. GI. is entered- to the credit of " H. F." That entry is in the handwriting of Watson, who is a clerk in the house. 'I have turned to the privamte ledger of the separate s'artrners and Ihave lomiked to t'le date., of.lunt the Ist, and Jlutrctthe 4ith. Thee is - t'llo1I-inc entrv in one line " June 6i, Ry ia 401L .1 tune . (.ash, t2.91153. -2.. 13.1. ;2%i0.:l1. 2s. 3d." The words, -"June t#, Rvya 401..' are in the hand-writing of Silr. Graham. Thle re. nW-!rie is i, the harid-writing of the pnisoner at the bar. It s.tands short upon the tine, and there appears to Ihave been an ecrasure there. The whole of the line stands so the credit of If. F." Uimss_exan~incd by Mr. utlt'nxry._..The whole of the ainmats plaremi there to the credit of the prisoner are large, they amsrunt to .'.0tM.iOrl I do not know whetlier those satins did or did trot find their was into the funds of the house. That rests with the partners tIeriseJde., I dot not knowv that they- were drawn out on Sir. Faunt. Jere% 's own private account. Measist Martinr andI Co. were our city bankcrs. they often received money anti paid it over to us. It is im. Ya.srbeto torIe to sav whether the money about which I aliti ques- tioned Wast or waS. no't paid into the bankieag.hostse. Mr. Strsacey sould answer that question; a clerk cannot. It was usual to make entries in the booLs for lanre sums to Cite initials of the partners. Trhey were placeri s:tmetinies to sto~ck transactions, atid sonletimef to exchequer transactions. The ledz-"r. containing tite entry of.June I and June Ii, 1315, was here hat:deel to the jury by dettire ,f the learnredlJudge. .Johinlhenry $purling..1In June. IBIS, I was clerk to MIr. Salo. moos wh attha tie ws boke ItoMesrs. Marsh and Co. Or, the st f Jne,131, Isol fo Slce ranes oung, by order of SIeens. Sara. Sbbad.Strcey an Co, 5000.,3 per cent. Con. aol. t, Wilian Plwer.IA .arer ws sownto tIre witness.1 'l,i' flloingpapr ws ten nut n sd read : " Lorndon, Juine 1, l815. &~-ld for Ms Fianices, Yonoc pr order of Mlessrs. M'at%h, Sibbaid. S.teacev, and Co., 5,11001. 3 perclent. Corisals for this day, to Wl. Flower. at 59j X 2,956 5 0 J ('enamiasion . . - 0 For Nathan Salomrons, broker.", 0 The witniefss continued.-... paid the anrount to Messrs. aMartin andC. by nay dratuiht to the account of Mlestrs. Slarsh, Sibbald, tar d C,%. I delis'eret the %sale note to thein. The draugHt mentioned by the last witness was hiere pat in and read. Samuel Plank callesl.... am a police-ofic-er of Alrlborouxh~,street oiffice. I spircheeded the prisoner on the 10th of September, at his barkin.heee n lerrers.tet There wasa desk in the room wrhere the prisonier w6as, which lie locked after I went in. He knew I tad come to appehend him. The key with which he locked it I itook from is wtch tMarlbornughr.streer. That is the key (look. ing at one prodtuced.) I delivered it to SIr. Freshlield. In conse. 'juerce of a iess.aee I received from hiint, I went with MIJr. Freshhied zifterm-ardis to the bank-ing-house, and searched the desk with Si1r. F.eshfield. Ther wa-s a private drawer in the desk, and from it I tool: some more kers.. There wer paperr there, and they were br-.ougzht awa,- and mark-ed by mie. The primitrer was examiined that 4!ar. The keys foarid in the desk were kept in my possession till eatter the eramination. On that dav I went to the hsnking-hotisc aftur the ex-amination. I fouind SI1r. Freslifleld there. Air. Freshfleltd had two deed-boxes in hisi possession when I got there. TIhe name cf Fauntleroy was upon one of thein. I am not sure whether it was Upan the other. I tried thena with the keys I had taken from the desk. Those boxems were opened with those keys. After I had opened than, 1 locked them again, and delivered the keys to Mlr. Fresih. field. Trhe boxes were afterwards taken away by Air. Freslifield in semach. Slir. James W'illiana Freshfleld, examined by the ATTOaseatY. q,rE-, E.u-. -n a the oliditor to the Bank. I went to the house of S1ars!a and Cmts, with the officer, the day the pirisoner was appre. h,ensleel; I made search there. I rece-ived a key from Plunk the of. fiter;it opariedl the private desk of' the prisoner; in the desk were fiaurd ro-ae other -kevs. After the exasmination, I returned to the bankcir,.Ahourse.eand'in a room at the back of the partners' room- Isz,,severa tin boxes One of themi hail the namne of Fauntleroy upnit, antd I therefore hiad no hesitation in taking possession of it. (pnit, oar *ur-der it. I cannot say which, was another box without a ribre. s aesiresi tire ulcer to tr,y that box, in order that I might not remove a box bhelenging to a third person, and not to the prisoner. He did so. Findtng from the first paper which I inspected that it nmust blong to the prisoner, I locked it up and tool possession ofit. In tlte s:ame nright I went through the whole of the papers in the box which had tht prisoner's name upon it, and throu,eb half of the papers iR the other. In the box with the nam.c I principally faund deeds, probates of wills, letters of admi- nistration, and other oflcial documents. In the other box I found a vriertv of mernorandurns, diaries, &c. Among the other documents there, I found the sale note of the stock ihich has been produced. I merited it at the time with mn initials, and the letters " N. N.," to signify tlht it was found In the box with no name. I also found this paper trroducing the extraordinary document read by the At- ter.ney-Genenra in his 5pee3h]. I marked it in the sante manner as I nark-ed the sale-note. Jarres Tyson again recalled-Beinig desired to look at the " ex. trordinary document," he deposed that it was in the hznd-writlng of thz pri.soer. lie thea continued. When there is a sale of stock for a customrer of the house, the sold note is usuaUy put on the file, it i3 thtn copied by one of the partners into a book kept for that pur- p [(Lookingat a bookRroduced.] ThisisthebookIreferred to. have rot natle a search' tn it to discover whether the sold note for ta, stk is irtrted Li it or not- James Kirba-tamn a clerk in the hoaseofAMarsh and Co. I have searched the book presnted to the last witness for the purpose of as- certairir.g whether zay entry of the sold note which has been this day prod ced was ins wed in it or not. I cannot find any such entry. It is r;ot in the book. In the usual and fair course of business such an entry would have been made. Jun'es WatSom recalled._Looling at the " extraordinary docu- ment," he said, "It is in the hard-writing of the prisoner at the bar. It was then put in and read. The power of attOrDcy to tell the stock was then put in and read, sit was algo some otlie? docuomentaMy evidence which had beeni sub. btantiated in the course of the trial. The case for th'e PrOsecution was then closed. Mlr. GusucEY, who during th6 reading of the pow~er of attorney' aIlefed to be forged, had beeon comparing it with the words set out in the indictment, nowv took an objection, to the itidietment. The whtole of the instrument was not set out in thie indictmenit. fie then ponted out to the Judge certain words which had been omitted. Wie coul not hear what they were. Mr. JustiCe PAtr, said the omission was immlaterial, and over& ruled the objection. He then turned to the priaonier, and nddre-qsed him thusz-` Prisoner, the ease on the- part of the prosecuition beingz now closed, and Your Counsel having examinedl thie witnessea, they not being permitted to make a speedli for youi, you may, if you wish, say any thing youi thinkc proper to the Jury or to mre." Sir. Fauntleroy then rose, and drawing a paper from his bosom, said, with a sorrowful and dejected air, "s M Lord, I will trouble you with a few words." Then, wiping away a tear which forced It- self down his pallid check, he p1roceeded, in a very low, anid sorme- tinies hiardly audible voice, to thte following effect : ", My iLords and Gentlemen of the 3Jury,-Overwhelmed as 1 ami by the situation in which I am placed, anid being uninformned in what maniner I should answer the charges which have been alleped aant e,I will endeavour to explain, s6 well as the poignancy of my feeig will enable me, the embarrassmentg of the banking. houise lf,in fh-ich I have been for mnany Yetus the active and only re- sponsible partner, and which have ahoke Ied to the present inve-Atiga. dion; and although I amn aware I cianinot expect to free myself from the obloquy brouglht uipon me 'Ly bDy anxiety to preserve the credit and respectability of the fftr stl trus9tthat an ihnpartial narrativeof the occurrences will obtain for me th.e commiseration of the welI-dii. po,sed part of hise commnun-ity. Aniticipatin that the Court will extend its indtiec t e! ilrepcful nmitsuch observatinns as I thi-, will tend to remove from influenced minds, thiose impressions ,which, with- sorrow I say, mnust have beeti mnade upon them by the cruet and illiberahiuannet in which the public prints have untruly de. tailed an history oft'my life and conduct, hoping therefromn I may de- serve you r compassioni. Although I may be unable to juistify my pro. ceedings, sntd secure my liberation, by a yer&it of the jury, Yet they miay be considereck, in the mercy of.the Court, and a discerning pulbli, as some extenuation of the crimnes with which I stand ar- raiged. ith hisobject, It Is necessary that I shouldI first stt,sotY, tle circumntstnces tunder whiich I bgve been placedcdurigemy connexion witlh Marsh aad Co. My father est.blse th banking..house in 1792, in conjunction with MVr. M1arsh and other gentlemen. Somie at' the partners retired in 1794, about which time a loss of 20,0001. was sustained. Here commienced the difficulties of the hoiise. In I 7U6, Mlr. Stratey and another gentlemian camec into the firm, with little or no augmentation of capital. In 1 800,1I becomie a clerk in the house, and continued so sit years, anid although durTing thiat time I1 received no salary, the firm was so well satisfied with my attention and zeal for the interest iand welfare of the establishment, that I was handsomely rewardedd by theni. In 1807 my fathier died;- I then succeeded him; at thigi 'intoa I was only 212 years of age, and the whiole weight of an exten. sive but needy banking establishment at oncee devolved uponi me, and [ found the concern deeply involved in advances to buil,lers and others., which had rendered a system of dliscounting necessary, and which we were obligedl to continue in consequence of the Iscarcity of money at that time, and the necessity of' making further~ advances to tItose persons to secuire thie sums which they stood indebtedl. In thiis perplexed state the house conti- nued until 1810, when iRs embarrassaonts vvere greatly increased, owing to the bankruiptcies of Brickwood and others, which brought uPonMt a sudden denmandi for no less a sum than 170,0001.,the greater part being for the amount of bills whichl our house had accepted anti (discounted for these parties, shime become bankruipts. About 1814, 1815, and 1816, from thte speculations wilth builders and brickma- kers, &c., in whiich the house was engaged, it was c-alledI upon to provide funds to nearI100,0001., toavert the losseswhlicb would othier. wise have visited it froin those speculations. In 1810, the most rposble of ouir partners died, and we were called upon to pay Ovrteamount of his capital, although the suasbtantial re-sources of Clue house were wholly inadequate to meet so large a paymnent. Duirinig the-se nunierous and trying clifficulties9, the house was nearly without resources; and the whole burden of mainagement fall- ing upon me, I was driven to a state of distraction in which I could mclet withi no relief from miy partners; and, almost broken-hieartedi, I soiight resources where I could, anid so long as they ware provided, and the credit of thie house supported, no inquiries were made, either as to the mannter in which they were procured, or as to the sources from whience they were derived. In the inidst of these calamities, not uniknown to Mlr. Stracey, he quitted England, and continued in Prance, on his own private business, for two years, leaving me to strugzgle as well as I could withi difficulties almost insurmountable. Having thus exposed all the necessities of the house, I declare that al the monies temporarily raised by me were applied, anot in one instance for my own separate purposes or expenses, butt in every case they were itorunediately placed to the credit of the house in Berners.-street, atud applied to the payrment of the pressing demands upon it. Th-s fact does liot rest Onl my assertion, as the transactionis referred to are enteredl in the books now in the possession of the assignees, and to which I hanve had no access since my appreliension. These books, I understand, are now in Court, anld will conflrm thietruths of my statement; anid towhatever account all the sums mnay be entered, whiether to that ofStock, of Exchequer bills, or to mv private account, the wrhole went to the general funds of the banking-l,ouse. I alone have been doomedl to suffer the stigma of all the transactions ; but, tortured as I hiave been, it now becomes an imiperative duty to ex'plain to you, gentlemen, and through you to the world at large,that the vile accus-ations ineapedI uponi me, kcnown to be uitterl y false by all those whio are best acquainted with my private life and hiabits, haYve beeni so heaped upon me for the purpose of loading me with the whiole of the obloquy of those transactions, fromD w~hich, nd "frii which alone,myvpartniers8werepreserved from bank- rutc.a y ae been accused of6cimea I. never eveni contemplated, and of actsofprofligacy I never committed;- and I appear at this bar with every prejudice against me, and alimoAtprej'udgod. To suiit the pur- poses of the persons to whom I allude, Ihave beeti represented as a man of prodigal extravagance,-prodival, indeed, I mnust have beeti,, had I expended thnse large sumls whichi will hereafter be proved to have gone exclusively to support the credit of a tottering firmi, the miiseries of which were greatly accelerated by the draughts of two of its members, to the amount of' hear 100,0001. I maintained bitt two establishments, one at Brighton, where niy mnothier and usiy sister- resided in the season...the expenses of whiceh, to iie, exclusive of my wine, were withiin 4001. per anHttnm. One at Lamnbethl, where mny two children lived, from its yery natiure private and inexpensive, to which I resorted for retirement, after nsany a day passed in devising means to avert the em-barrassments of the banking. house. The dwelling-house in Bemers..street belonged solely to my mother, witis the exception of a library and a single bed. rooni. This wais the extent of my expenditure, so far as domestic ex- pentitture is concerned. I am next accused of being an habitual gambl.e.r..an accusation which, if true, miight easily account for the diusin of the property. I am indeed a member of two clubs. the Albioms and the Stratford, but never in my life did I play in either, at cards or dice, or any game of chance ; this is well knowvn to the gentleimen of these clubs and miy private friends with whomT I more intimiately associated, can equally assert my freedom from all habit or disposition to play. It hias been as cruelly asiserted, I frauidulently isvested inoney in the funds to answer the pavment of,annuities, aimoutiting to02,2001. settled upon females. I never did make any such investm-ent; neither at hoome nor abroad, in aniy funds what- ever, have I any investmcnt,; nor is there otie shilling secretly de.. posited by me intllthe handsof any human being. Eqtually ungenerous, and equally untrue it is, to charge me with having lent to loose and dtieorderly persons latrge suimu,which never have,and Rever will be re. paid. I lent no suins.,hut to a very trifling a-mount,and thoyse were ad. vanced to valued friends. I can, therefore, at this solemn momnent, declare most fervently that I never had any adlvantage beyond that in which all niy partners piarticipated in aniy of the transactions which ate now questioned. They, indeed, hiave considered them. 5elves as partnerst only in the pro s Cs and I amn to be burilenied with thie whole of the opprobrium, that others mray consider them as the victims of my extravagance. I make this stzatemenlt, not wvith a view to criminate others, or to exculpate myself; but, borne downi as l am by calamity, I will not consent to be held out to ithe world ass acolif. blooded and abandonetl pr3fligate,ruining all around me for the selfish gratification of' vice amtd sensuality, and involving even nsy confiding partners in the general destructioni. Gentlemen, I have frailties and errors enough to account for. I have sufflerings enough past, p resent, and in prospect; and if my life was all that was required of me, I might endure in silence, thiough) I will not endture the odiumn on tniy memory, of having sinned to pamper delinquencies to which I neve'r was addicted-Thus muchi has been extorted I'ron me by the fabri- cations which hiave been cruelly spread amnongst the piublic-that very puiblicefrom whom thearbitera ot'my fate were tobe selected. Perhaps, owever, I ought to thank the enemny who besie-ged the prison with his slanA ers, that he did so while miy life was spared to refuite them, anti tchat he waited not until the grave to which he would hurry mne, had closed at once on miy answer antI my forgiveness4. There is one subject more connected with thtese charges to which I sin compelled to advert, and I do an with great reluctaiscee: it hiss been addled to the othier charges inade against me,lest the world shiould think there was arty vice in which I was not an adept. I have been accusedi of acting treacherously towards the female who now bears my name, hiaving refused to miake reparation until threatened by lier brother, and of having deserted her at a moment wihen she had the greatest-claim on my protection. Delicacy forbids me entering itito an explanation on this subject further than to declare, that the conduct I adopted on that occasion was uninflu- enced by the interference of any individual, and arose, as 1 tbeii con- ruidered, and do still consider, from a laudable and honourable feel- ing on my pare ; and the lady's brotlier, so far f'rom coming forward at the time alludled to, was on service in the IVest Indies. Could all the circumstances be exposed, I feel convinced that every liberal. minded man would' applaud my determination ; and I feel satisfac.. tion in stating, that thie lady in question has always been, and still is, actuated by the best of feelings towards me. I have niow only to apologize to thec Court for having entered so much at lengthi into the statement of my unfortunate case, and in conclusion I have to ex- pres m pefec ctifdene, hatitwil reeiv evryfavourable ofthteury wil ansiI fuilrelythryon,gentlemaen The risner avig coclued is adres, st dwn,evidently exhausted y the effot and overome by hisfeelings.A gll ass aof Waterwas bo,~him, f whch li tooka litle: nd wilethe Witnesse tO his character were examinin,, fie leatnt hishedo i hand, in wlhich he still held his handkerchief in a manner to cover his face, as if unwilling to be seen by his former friends. At times while they were giving their evidence, be appeared to weep. The fellewing witnesses were called to the prisoner's character, and examined by ilr. GURNEY :- Alr. John Wilson knew AIr. Fauntleroy about 16 years, during the whole of which time lie maititained an unspotted character; and he always considered him a man of the strictest integrity. Sir Charles Forbes had known MIr. Fauntleroy twelve years, and always considered him an honourable, benevolent, andobliging gen- tlemnan : and an able, attentive, and upright man of business. Mlr. Wray.-I have known the prisoner 15 years. I always con- sinered him as deserving of the highest esteem and respect. I cannot find terms sufficiently strong to express the satisfaction I have al- ways felt in being upon terms of intimacy with him. MIr. James Burton.-I have known Mltr. Fauntleroy for 27 vears. I have always considered hiin as a just, honourable, fair, kind-heart. ed man. . Mlr. D. Robertson had known him 11 years, durihg which iime he maintained as high a character as man coild possess. AIr. NVadd was acquainted with lir. Fauntleroy eleven years: his character was most excellent. Mr. Lindsey knewv Mr. Fauntleroj ten or eleven yeats; he did not know a man who appeared to possess more kind or honourable feelings. Sir. Anthony Browne was acquainted with him sixteen or seven- teen years, and always entertained the highest opinion of his talents as a man of business, and the greatest confidence in his integrity as a man of honour. Air, Wyatt had known Mr. Fauntleroy 12 years; he was a most honourable, kind-heartdd, and benevolent man. Mlr. M1ontrioti knew Bit. V,auintleroy 12 years h le was a most be. nevolen t mnan, anqd had the hiigkest character fbr integrity. Alr. Montague .was acquninted withs M*f. Famunteroy upwards!of 12 years, andt never knew a more kina-.hearted arid hdnmant nian. His chartacter w.zs most excellent. Alr.ernon wag acqusainted with htimr 19 years: he dilwayst had the character5 and appeayed to be a Very kindf and a very honeurable man. Mlr. Rtoss knieW Air. Vauntletoy 14 years. he bad the character of being strictly honouroble and upright. Mlr. Churchr knew 14Ir. F;iuntleroy 12 years, and had mutch deal, ing with hiim. lHe was always strictly hionourable and upright in all hisi transactions with witness, andi had universally the character of the strictest integrity and honouir. Air. Yatinan was acquaintedI with blfs 12 years' ihe always pos- sessed a. chiaracter of the highze.t execellence. Air. Boslinel was atdiqaintee rills Air. Fatintleroy 15 years, and always considered him a perrectly haziest and bonourable man. At ten mninutess after two o'clock Mir. Justice F'rAn commnenced his charge to the jury. The prisoner, he said, wvas indicted for forging a power of attorney, to procure the transfer of stock belonging to Mliss Frances; Young ;and for uttering suxch power of attorney, knowing it to be forged. There were other counts in thie indictment, charging the prisoner with an intent to defraud the Bank of Eng- land, 'Frances Young, and also a person of the namne of William Flower, t whiom the tiansfer was made. Thiecoutiatrelating to the forgery thev miight put out of their consideration, as there was no evidence of 'its having been committed in London ; andI they, sitting as a Ljoidon Jury, on the Londonl jarisdliction, couild not try a prisoner for any crime not commnitted in the city ; but if they thouild think that the count whiceh charged the pioe with uttering the forged orwer of attorney at the Bank of Englandr, whichi was in the city of 4ondon, knowing It to be forged, was sub- stantiated by evidence, the finding jiin.i guiilty on that count would be the same in itsi legal effect &-, if he~ were found guilty on all the counts in the indictment. TIhe prisoner, In his. address to the Jury, had mentionedl a stubjeet which at all timnes gave Iimn (Mlr, Justice Park) great concern, aud on wvhich hie would, at whatever peril, expsess his opiniot as often, as It occurred. It was truly painteul to those who were en$age in the administrationi of the justice of the couintry, to be always hearing the parties accused re- minding thie juries whiich had to tyly_tlier of the obloquy they had suffered in conisequence of the misr'epresesitathins of the public prints. If such Misrepresentations hiad been Propagated to the disadvantag of the prisoner before his trial, it was at most, cruel thing. It was calK enilatpd to produce a strong impression in the miinds of the jury, to thie prejuldice of the person on wvhom they were to pass judgment, and it was therefore right in the prisoner to request themn, as the counsel for thepJrosecution had done before him, to pay no attention to whiat they might have recently heLard or reed to his disadvantage, but to reserve their opinions till they fiad heard all the evidence whiceh could he adducedI bothi for and against the accusation, and to form their decision uponi that evidence, and upon that evidence alon. H hoed,and as onfden,te jury would pay no atten- tio toanythig teyhadeve herd esecting the prisoner's con. duc beorethe eol~ he ookint e firbnds, bay which they boand theseles,b~fre od,to elier Irieverdict, according to the evienc. N mal culdbe it or he drMinistration of justice who allowedI hiimself to be Influenced by any reports he niight have heaird before a prisoner's trial. He would repeat to them what hI6 had al- reatly said to another jury sitting In their place during the present session, that ifsa man were as wicked as he could be in all trespects, it was a circumstance they ought not to regret; if the chaTge were not brought home to him, it wouldt be their duty to acquit him, thioughi he were stainied witll every other crime which could disgrace huimanity ; for the law of England did not allow any nrian to be heard whio merely c-ame forward' to speak to the bad character of another, but said that everycuiprit must stand or fall by the proof1 of the facts whirls wvere charged against him, and not by any reportees which were circulated to his prejudice. As the jury had now beI warnedI upon this point both by himself, by the Attorney. General, and the prisonset, he wvould pasas from that topic, merely observinig that he hiad allowed the prisoner to go into thie details whiceh he had cfrered so theit eonsideratlon, because so many grievous charges had been brought againgt him. He thought, that as the prisoner had been crutelly abused, he hiad a right to make the statemenm he had donie in contradiction of those chargets; butt he must now proceed to tell them, that thlat staterment id no jo at all to the point into whiclh they were assembled to in. quire. 'Ehe only point which they had to decide was, "1Ay or no, did the prisoner know this power of attorney to be forged, and utter it with intenit to defraud the Bank of Eigl.and, Francest Young., or William Flower, all or any of themn ?"-for if he defrau ed any of tlhem, in point of law it was immaterial which. In deciding uipont the charge of uttering a power of attorney, knowing it to be forged, there were three points for their tor.sideration. Tuierirst was this-.-were theysatisfied that the instro- ment was forged or not ? If it were not 'forged, the chiarge fell to the ground at once. If it were forged, then came the second point -did he utter it, ay or no?P Then, if it were forged, and he uttered Jt, came the third and most fimportant qestion-did he know it to be a forgery ? Ifthecy wert satisfied that thiese three Points-the forging, the uttering, and the guilty knowledge-were all substan- tiated by the evidence, ther, there could be no doubt of the guilt of th e pris4oner, and they must return a verdict against himn. In the few observations whieh he hiEd to make, he would call their atten- tion to the evidence as it bore on each of these three pointsi. On the first point-was the Instriument forged ? By the law of Eng. land, a person whose name was forged to an instrument, in which tahey had~ an in terest, could not be a witness lo prove the forgery. ft was a sti.range rule of law, but the Court was bound by it. Mriss Young, whose name was forged to the power of attorney in question, under which her stock had beta transferred, couldl not therefore be called to prove the forgery. Bat thje Bank of England, to qoslify her for beingsa witness, had replaced her stock at their expense, in whichi they had acted with greatproprirty. They had also given her a release from all claims which they miight have on that aiccount upon her l andI she had, in return, given them a release from all claims which she mighithave on them fofr the dividends which had accrued upon her stock since the commnission of this alleged forgery. She hiad thus ceased to have any interest in the question whiether the instrument was a forgery or not, and had consequently become a E*ipm~etenst witises. She had-proved that the niaie, "Frances Young," signed to the power of attornem prodUced, was niot in her hand-writing, and that she haa never autliorized any person to write it. Thiis was in itself a strong poinit ; but thecn cainie Jamies Tyson and Johin WVatson, clerks in the bank in which tie prisoner was a partner, whose unainea were both signed to the inistrument as witnesses of its execution by Mliss Younig, and proved that their names were not in their hiand-writing, anld that they had never seen Miss Young in their lives, till they saw he-i at tlhe police-office, after the prisonier's apprehension. This was as strong evidence that the instrument was a for- gery as could he produced, and was pregnant withi proof to satisfy every reasonable mind. The next point for their consider- ation was-did the prisoner uttprthe forged instrument? Ritvas stated in evidence, that by the practice of thie Bank, the names and dlescription of persons to whom powers of attorney for the transfer of stock are given must be stated to the Bank, and that the person so appointed must go to the Bank oLnd deniand to act under the power lie has receivecl. Now, if they believed the evidence of Browninp, a miost material point was established against the prisoner; for that witnesis swore-1 Mly name is subscribed as a witness to this de- miand, having been made by Air. Fauntlerov in person, and I saw bim execute the instrument."1 In consequence of that demand, the transfer of the stock had been made by the Bank upon the power of attorney presented by the prisoner, the Bnk spposig itto bea geuine instrument. If he had hmsel anydoubs upn ths pat of the case, lie should be gladto uggst hem; ht h rellythoght that the evideince provedl beyod nl pssiiliy o dobt, hattheprione ha utered the in- strmen, nd tteedit n he ityofLonon.Th thrdpoint was- did he risnerat te trseof ttein ko tatthe insiru- nient was a frgezy ? On this an osrainsrs on the face of the paper itself. First of all, it was not signed by AIlits F. Young. In the next place, Tyson and Watson, whose names were subs.cribed to it as witnessets, swore that the names were not in their hanid- writing. W'as lie acquainted withi that circumstance or not ? Wlhy, thle instrriment was filled up in his own hand, with the words- "Clerks to Mlarsh and Co,, bankers, Berners-8treet." As he was acquainted with their handl.writing, he must have known thjat their attestation wassa forgery. She could not havecome totbe basski,nghoe whilst he was absenttfrom it, and have signed her name in the pre- sence of thes two young mien; for they swore that they had never seeni her till they had met her at Alarlborough-street. The prisonier, however, hiad carried it to tie clerk of the B3ank, and hadl acted upon it. The witness Tyson had gone into an account of the manner in whiceh tie dividends upon stocic wrere brought home from the Bank of England, and how the entries in, the books of the firm had been matde to inete those dividends, and to prevent detection. It had Palso been proved, that althoughi the transfer of this stock took plac in 815,the risner, for the purpose of concealn ha at continued to give M1iss Young credit for its amount in listst of stock enI whiich dividenda were to be received by the hank Iin which he was a partnier, and w uhiclk lists he madle oart downi to a short time before his apprehension. It had also been proved that there was ani entry made in the hooks of the bank in whieh the pri- soner was a partner, and in hisi band-writing, dated the lst of Jane, 1815, in which he tGok credit for 2,953L, paid by him that day into their bank; at)d It was proved by, the stock-broker who hid sold Mliss Young's stock for the prisones'usder Ohe forged power of attorney, that the sale was made on the Ist of June, 1815, and that the p roduce which he paid over to the prisoner on that da~y was3 2,9531., the very sum foe which the prisoner had taken credit in hit own hooks, dir. Gurney, the prisoner's counsel, had asked on this evidenice, whether the mnoney went to the credit of the prisoner's private account, or was carriedi to the general accuntof thse finn ? But thlat was a matter totally irrelevant, and nothing that the prisoner had saidon that pointcouldat all forma8ubjeetf'or theirconsideration.Their onily inquiry was, whether the prisoner had used the meanos i'mptdo behdemploye it. As far as egrde te pesnt hage,itwasnomatter how he had expend- ed i. I evey sxpene o it ad eenapplied to prop the falling credt o th hose,it as othng o tem ; neither didt it beer at allupo te isu thy ad o dcie, heherithad been consumed ~ haitsof rofigac ornot Hetrused or he ake of the pn'soner thni ithnadnot been sb6 consunned, but-wV wht-her 'it h-a-d o-rit h~ad not, it did not increase or diminish the crime for which he was called to an ewer at their bar. It was natural for the prisoner to suggest to his counsel the question which hadhled to thseeobservations, and tbrthe prisoner himself to remark upon it; but it was his duty as a Judge to tell them, that if they were led by any such considerations. thev would be entering upon a province which did not of right belong to' them. IHitherto he had been examiningtthe probability of the prison- er's havinguttered thepowerofattorneywtitsaguiltyknowledgeasthat probability was to be inferred fror thefactsof theease , but after the next piece of evidence hewas toniention, what rnan cotid lay his hand en his heart and say he was nst convinced that thea prisoner knew the powerof attorney warferged at the time he uttered it? Heonly said this because the prisoner had said itofhimselfin thedecument,whichhad been found among his private papers. That documentwa8 the most extraordinary docurnent tbat had everbeen produced, durin all the long annals of crime, in a court of justice. It was perfeerly unpa- ralleled: he had never in the whole course of his life either heard or read of so singular a paper. The existence of it in so unauarded a place was almost beyond comprehension; and yet the discovery and existence of it had been proved by evidence the most irreproach- able. The learned Judge hererecapitulatedthe satementofPlank the officer and Mr. Freshfield, as to the manner in which they found the papers in theprisoner'sbox;and first read thepaper called thesoldnote of Siass Young's stock, which, it had been proved if regularly sold, would havebeen filed and copied intothehbank boocs,neitherotwhich had been done. Hlis Lordship then read the document in wbich the prisoner had stated his having sold the stock meationed in it under powers of attorney, which he forged ; - and then said, is it possible for any man to say, after this ovdence, that there can be a doubt on the third pOintnlthatat the time the prIsonter uttered the power of st- torneypheknew 1t1to be forged?NVhgyltehad solemnly declared the fact under asis own hand eight years ago. It was said that it was done to save the falllng fior? unes of the house; but in reply to such an #scr. tiqn, he was bound to saythat no inducement on earth could have led any man of honourable mqind to commit such wanton robbery-such gross peculation-suach cruel frauds on women and children, as the prisoner confess6d himself to have committed in this most singular papce. The frauds were of auch an extent -as even to he cruel on the men of substance on which a part of them were cort- mitted; sot.e of the powers forged were for amuns so large, that almost any man %nust be injured by the loss of them, He thought that after what had been that day proved in court, there could be no doubt that this forgery was comnmitted witb an intent to defraud. The intent was recorded under his han d; for the prisoner had written in the document to which ho (Air. Justice Park) had before alluded, " The Bank shall smart for It." He mnight indeed wish to support the credit of his partners, but he (Mr. Justice Park) must agyin repeat, that such a motive was most un- justiable in law, in morals, and in religion. In an honest or Christian mind no inducement could CDme in competition with the misery such conduct must produce. There was one Point in the prisoner's favour which he was glad of, antl It might, perhaps, be some consolation to the prisoner's mind: -a great number of res ect- able gentlemen-16, he believeg-with some of whom he was him- selfacquainted, had given him the highesrtcharacter for intergrity and honour, as far as they had known him. It was the misfortune of those cases, that it was pertons of high charactcr who had the oppor- tunity of committing such frauds: no others coulti do it. The jury had heard other indictments agatnst the prisoner read, but they must pet theon out of woasideration, as they were only to attend to the case on which they had heard evidence. If they were satisfied by the evidence they had heard, that thie crime imputed to the prisoner had been proyed, it would be their duty to find him guilty, even though he had the character of an. angel; just as it would be their duty to acquit him, if the crime were not proved, even though he was a man of the most profligate habits. Cha- racter was only of use in doubtful cases. If in this case they entertained any doubt as to the prisoner's guilt, they would fling the weigit of his ells.acter into the scale, and would ac. qit him; if, however, they entesinined po doubt, then, however tey might lament-.and every mant ot feeling must lament_to see S man of the prisoner's rank in lite in thd p7risoner's situation, they must discharge their duty with firmness and eoiOistenly, and must return a verdict of gullty against him, .f they had aOiy regard for the due administration of impartial justice. The Jury then retired to deliberate on their verdict. Puklng their aLbence, which lasted for twenty Mtinutes fr. Fauntleroy rcsunmea his seat, and appeared extremely adected. A sudden rush of the crowd at the door of tle court announced the return of the jury. The I prisoner stooti up to hear his awful sentence. Whilst the Clerk of the Arraigns called over the names of the jury, and repeated the formal words of tle law_." llow say you; are you agreed upon your verdict, is the prisoner at the bar guilty, or not guilty ?" the most Intense interest was manifested by everv person present. The fore- man rep)lied, "Gu}nilty of uttering the-forged instrument, knoving it to be forged." At thismomentevery eye was fixed on the un- happy prisoner, who remained for a moment quite motionless, ap- parentlyuncoiscious of evry thing around hinm: and then sunk down iato his chair. A short conference then tcok place between the Bench and the counsel for the prosecution; it was conducted in a low tone of voice, but we presumne it referred to the propriety of proceeding with the other indietments. Upon its conclusion, Mlr. Justice PARx addressed the prisoner, rather abruptly, "' oaryFauntleroy." The prisoner, who, forsome teirautes had been quite absorbed in his meditations, started at the sound, ant then looking wifdly at the Bench, rose, as if in expectation that sentence was to be pronounced tpon him. The learned Judge proceeded- 'Henry fauntleroy, the learned Attorney-General does not feel it necessary, in the discharge of his public duty, to proccel further with, the indictments which havebeen preferred against you. It is no part of I my painful duty to pronounce the awful sentenceofthe law,which must I follow the verdict which has just been recorded. That unpleasing task will devolve on tite learned Recorder, at the tenninal ion of the SessionzL I should, however, desert my dutv as a Christian magis- trate, if I did not implore you with all kiinaness, to betbink your- self seriously of your latter end. LA convulsive sob from the wretchedtprisoner was distinctly audible through the Court at this period of the learned Judge's address.] According to the con- stitutioti of this country, the prerogative of mercy is vested in the Crownl; with that I have nothing to do. I do not say that in your unhappy case the extension of mercy is impossible; but I atis afraid that, after the nmany serious acts wbich, under your own hand.writing, have been proved against you, involving so many persons in ruin, you would only deceive yourself by indulhing in any hope of mercy on this side of the grave. Do not,therefore, flatter yourself with expectations, which may, lhad almost said must,be dis- appointed; but in the short time which in all probability is allotted to vouhere upon,earth, turn your heart to the contemplation of your awful situation. Take the best steps in your power to make Your peace with God, and use all' your exertions to becomte acquaist.cd with him, and his all-graclits mercy." The unfortunate gentleman was quite overpowered at the conclu- eion of this address. ffe appeared scaree y able to support himselr; and on his remnoval from the bar, we think that he must have fallen to the ground, had he not been supported by iMir. Wontner and one of his friends, who re-condtucted him to his prison. [It will appear from the report of Mllr. Fauntleroy's trial, that in theyears 1814 and 1815 he disposed of stock to the amount of 170,0001. Extraordinary as it may appear, we have been intformed upon the most unquestionable autlority, that the total amount of stock soldby him since the year 1814, under forged powers, and nei- ther replaced nor accounted for to thestockholder,atiiountn in stcrling money to nearly 400,0001. This is itdlependent of frauds committed by misapplying sumns received for the purpo3es of investing stock, of stock sold tinder genuing powers to be used in events which did not arise, and of claims for securities deposited in the house, but improperly made away with. We understand that 150,0001. has been fraudulently dispesed of in this manner alone.] OLD BAILEY. SAT URJAY. OCT. 30. TRIAL AND CONVICTION OF MR. FAUNTLEROY.