Old Bailey, Wednesday, Se...
The Times, 1824-09-23T00:00:00

Geo,'agr Laker,. a twvopenny-poRtman, was indicted for- having forgedi the name and seal of John Fauilkncr to a bond, in the penal sum of 801., withl intent to defraud( His Aijesy. Mr. 6,j-11s4y stated] the prisoner to have been employed for samne years as a letter-carrier in the Po.st..sffice ; ho was of course called upon to give sRecurity for the faithfull dischaTge of his duty, end on this occasion he tenderedi a bond, purporting to be signe-d by two per- sons, of whorn John Fatilkner was onie. It a-as dis'tovred thiat the signature of thle latter was a forgery, and for thi3 the prisonier was indicted. Johin Faulkner provedl that the signatuire of hiis namne to the bondc in q,uestion was not oft his hand-writing. On his cros-s-exandination the witness saidl, that oni being applied to by the prisoner to sign the bond, hie would have clonie so, buit for hiis wif'e's objecting to it. fie thertforedeclined, but toltI Lthe prisonier he isciglit, if' lie chose, tign the writness'.s namie. Mlr. GURNscY hereuponi declined pursuing the case. It appeared that thie othier signatUTe to the hund, that of thie Pirisoner's father, was genuine ;anid it was thierefore possilbld that thte prisonier miight have supfposed lie was authiorized in signinig Faulkner's natmie, as lie liaed hiis Consent. Thieictry immediately acquitted tIcs prisoner. (ieocge Evani. a jeweliler, aged 36, was indtictedI for htavitig em- bezzled and conicealed four goldI watchies, andi othter ar ticles, value, 1001., withi intent to clieat hiis creditors, lie being a bankrupt. Thie petitionling credlitor's dlebt, the trailing, the act ol'bankriiptcy, andI ite protceedings before the Commniesioners. were severally provedl. Be-tween live and six hioirs wvere consumed withiLl this part of tie case, owitig to the nuiumerotis objections takei by the prisotier's cou-nsel, thec whole of which were ultimately overruicle. Tuec ban'krupt's accounts were thien prodluced, and it was proved; that the articles cliargcel to have been em-bezzled werc inot incluoded in thieta. TIhe Commissioners' Mlessenger proved that thie saine articles were not aniong the goodis of wlticli lie teool possession uinder his warrant. - Hunder, one of the bankrupt's assignees, was called. andI an objection hiaving beets tuk-en Lo his comrpetenicy on the grouind that li was interested, lie signed a release to the an6ount of his debt. Ills exam-ination wvas dhen pursued, antd he swore thiatlie was present at the bankrupt's last exartination . The beak, of account tlieit pro- dticteeI wvere inspectedl by the witness. He hiad nst sinice seen a book markedl A. then prod ticed. Noah Edward Lewis, an aCcountanit, was employedi by thieassig- nees to makeout the batikrupt's accounts. The iviticiess oidI so, with the assistance of the bankcrupt, andl by mecans of certain bills of par- eels. WVas pre*ent at the bankrupt's last examiinattiots saw hlim produce a book marked A. On the bankrupt being askedI for his accounts, lie said, M5r. Runder, wvlio had not thots arrived, lhadl tliem. Saw the prisoner afterwardis at Bow-street. lIe hlad never since seen tile book marked A. Is was then proposed to give parole evidence of the contents of this book. Ti.e pris,ot.er'a counsel took an ebijection, because this boolk. whichl theyallgedconainel he aokupts acotnts, had been, deliveredI op t the, an ouht t be rodued.If this beak wvere forthcom- ing,the inistd i woud b fotit encontain that l'ull, true, and perfct iscosur ofthebankupts etate and effects wliich lie was requredto ick undr te Bnkrpt cts, and for not doing whichi Thec cotitisel for the prosecution,orc the other biand.argued that they were at liberty to give evidlence of the embezzlemient, eveni though they shouldl admyit, as in the absence of the book whichi was lost, tbat it contained a true account. The charge of secreting and being in possession of the property of the creditors was a separate one from that of gciTing an uintrue accounit. Alir. Justice LITTrLED)ALE: thlought, that if the charge against the prisoner rested upon Iiis having miade out a false account for the Purpose of dlefraudiing liis credlitors, chat ithe objection wouldI be a good one. acid( that thie case ought htere to be stop'pedi ; because that hook mnight conitain a full anti true acecotint, andI tics assignees hadl been in possesion of the menusodf saisfying tliem'selves oni the sub- ject. Btit the icdictment went farthier, cind charged the prisoiner with) having secreted and embezzled cer-tain propertv, although upon IiLs examination he swore that lie lI-sd given uip to'thie assignlees all that he was possessed of'. This part of cue case was still open to evidence, and his Lordlship wouild therefore suffer it to proceed, but hia would tak a note of the objection. Sarahi Hutchinson lives in Eaton-street, Pimlico: kniows Hlarriet Glas-;pool, who is her couisin. Shec lived in Three Tein-court, in the Borough, with her mother. In April last she broughit two boxes to the house of the witness's father. The boxes wvere put uncler a. china press, in the kitclteci. In Au-gust last the messenger anti three other persons fetched thenm awtav. Wiitness saw the prisoner on the day he was taken. Ile knockcid at her father's door, and asked fovr Mtiss Glasspool, who was sent to him. Witness neveer eawy her wvith: hsim. 'When G3lasspool wecice away from witness's liousue, slie took nio- thing with her. James Hutchinson, examitied by Mlr. A Llty.-.Knsev that the boxes were taken away, on the lOch of August, from his faber's houusie ; but waLs not present at tics time. Prisoner was apprehended onth 12th of August, at the Coach anti Horses, in Dover-street, Piccadilly, through the witness's encleavours. 'Witnsess wcent there about half-part nine, and the prisoner came in about an liotir after. wardis. The officers were in the neighbourhoodi. When prisonier camie in, he ad " The boxe-s and propierty belong to me : if you will give th~em up to me, I wvill give you every satisfaction that theyv Weong to me." At ibis time the box-es were in the hands of the creditors. Cross-exanminedl by Mr. ADOLPiius.-.Witness hiad never teen the contentsof thios&'boxes, nor the boxes thiemselvesi, in Isis fatlhsr'8 lhouse. Ile was not speaking of musical boxes. Re-examined by Mr. AT.LEY.-Prisoner said nothing moire tItan what witness lhad already stated. Wiitness scenemed ratier to a7res in the fairness of his proposition purposely. Thiis was abouit live minutes before the officers ca-ne in. Tuie prisoner (lid add-"' that Isis lieatl was tinder the witnesa's arm.", Mlaria Hutchinson was sister to ithe last witness. Prisonier called at their house orc the 12thi of August. shout half-puar 12, at night. On the prece.ling'evening sawv him ots the opposite side of tile way. Wlitness's cousin, Hatrriet Glassepool, liati causie, to witness's houtie at half-past elevecs, and said sonmething to lher. Whien Glass- pool went out azain, prisoner was opposite the door, anti she wenit down by a public-house, leaiding from bower Eaton-street, to Ara- bells-row,Ilie walkedI gently, whlile Glasspool was at the dloor ; but w-lien shseleftit,and the door was sliut, hie crossedi quicklyover tile road to her. Next msorning she came at seveni, andI prisoner at sigit ; and lie asik-sd for Miss Glasspool, who went out to hiim, almnost lucins- dliately aftervvards. There users several boxes brought to witness's house, on thie 4th of April. The boxes wesre taken away by M r. Searle they were the asmne as remnaitied in Eaton-street from tics 4thi to tics lOch of April. Martha Hutchinson was the mi-othier of last witness. Iher relations, Mli ss Glse,spoo!, brougigt some boxes on tics 4th of April to her iouise. Evni, th risoner, was niever in witsness's hiouse. Soon after Clitmsse saw buin at Mrs. Glasapool's house; cd gi on the 25th of February. Ons that evening lheard nothicrn particular, but stumbled aver taome box-es itn the raGiss. No particular remark was made in the prisoner's presence. ,Tames Searle, assistant messenger under the Commnissioisers of' Bankrupts, took sousie boxes; (cehich were produced) on ithe lOchi of August from E;aton-strest. Thecy navw containedl the same articles as when taken-five gold watches, gold rings, lock-ets, broaches, &c. WVitness shiould suppose their value to ho about 1,0001. at_ Furnace, juin., tlse sdn of Mr. Furncace, jewveller, was present at he aleanddelivery of gauchs to the prisoner on the 7th of' Ja- nuary, to the value of oiboist 21201. A part of the samne property was nowfproduced, value 901.,andconsistingiflibrooches,lack-ets. rings,&c. F. B. AdaRis was calledl; but as lie would tinot r'elease his interest as a crceditof, was obj'ected to icy the Court as a witness. Weston, his shopkepr identified a small part of the property (su?me watches of valuie~. as havingbeen told by Mir. Adamts to the prisoner Evani in ithe month of Mlarch. Mr. F. Rundler, alto a jeweller in Hiacttongardrn, idleictifted othev parts of the property as lhaving beeni sold to Eveni inc January Searle reealle(i.-None of ticstltingts worn to were taken by himn frucin hlastings. Tue solicitor to ithe comimission proved tite variouis acts of the bankrupt before the commissioners. Mr. AnioLr'srirs liere took an objection to the wordinig of'ctse in- diettusetit, which chiarged ealaissN the prisoner the comsmi-4riot of cer- tain acts in the county of A~lidldlesex, with initenit to defratud a va. rietyof persons therein namned. Neitliser tbe proof adduced, nor the witnesses exam-ined, wrent st all to this extent-that the acts, proved were committed in Aliddlesex. Alir. ALLE:Y and Air. LIAW comibated the objection. Ihere thie ease f'or tlics prosecution closled. The learned Jude (Lc'TTrEDALE) summned Up. By acl act pass. edl in the reign of George 11. it wvas enacted, tSiteS if persions, instead of surrendering all their efliects to their ereditices, shiould embezzle, after their bankruptcy, effects to the amtount of 201. or upwards, they should suffer capitally. The capital punishment, andI a later act, was commuted into eranspor. tation for life. The Court theni recapitulated Site various circumstances of the case, and ithe objections taken by pris~o- ner's counsel. It wasi of' opinion that tile fact of the prisolser's hav- ing been a trader, anti committed an, ace of bankruptcy and become amenable to tiie bankrupt laws; the partnershIlp Of the pcersonii ceho strucke the docket againsthimin, anti his acts in the surrender of his pro;.a!rty, books, anti papers, (with the exception of a book markd "A" wich ertanlyough tohave been pirodluced by the proecuos) wee al sffiienlyrovd.Tics Court wouldi reserve the bjetio taen,and eav th cae t the Jusrv. Tic Juy, lte ashot dlibratonout of Coitrt, returtied with a vrdit o" Gilt ofee,ce'liug ad encbtezziing aibove thce vcitte The learnedJ.UDGEsa aid, that as this would be a speciatl fstsditng, they had better acquit thie prisoner on the firsit couint, and then fie readi to the jury the termis of' the indictm-ent. Th'e Jury explained throughi their foremian that theyl did not mneanl to finn sthe prisoner guilty on the first, bitt on tics second acid -thirdi Counts, whiich latter regarded the specific proTei Ly this dlay produced. A Juiror, who lied been fined on Thursday last for non-attend. ance, applied to Mfr. Sergeasit ASSAaIN, on Ihis coming into couirt, tar the remission of his fine,pleading SIite u'rgency of the private buisiness which_hiad detaitned himn. Air.taSergcantt ARs,k regrctted that Ile coullt accede to tliejuror's request. He couild not do so in justice to the many other gentleisien who hitch been fisted for non-attendane-, and besidles, pcrivatebusiness, however ururent, cotull be no excuse for cite omission of a pubclic duty. (Bifacre Ms. Sergeart ARAaTw acid as Lonidon Jury.) W'hilliamo Illocck was indicted for w-il?ul anti corrupt PerurlyY. Mlr. A DOLrH us opened the case, b v itating thuit it Iarrose out of al actiots pending in the King's Benchi, in whiich one Mtullet was ten. deret as bail, and objected to by onei of the parties to thie suit, on certaisi affidavits, ois,e of whichi was sworn by the prisoner. His 'affidavit set forth5 that lie was well acc quaiuited witlis Mullet's pecutciary aff'atrs, and knew himn to be generally poor and needy; that he had repeatedly olent Ml ullet nsmall sums of nmoney2 and found infinite diWliccilty in setting them back; that in part.ctilar hehlad lenthim hisacceptance2or231. and could not get that paid; but that Ml ullet was always soliciting for indulgence, and that Mullet owedhis motherabout4001. Thelearneul counsel said he sho.1ld prove, that so far from these averments being true, the prisotier Monk wvas frequently indebted to Alullet, and that the acceptance for 231. was, in faet, given to ilhliet by Alonk for damage done by the latter toachciise of Aullet's. Thi bail-piece and other documents in "i Stackhouse v. Foster and Field," were then pot in aind read, when Mr. ADUEWStookan objection to this cdierepancy occurrinag in Ciceo, etwen ue escriptions of MNuillet, who in one wascle of the Spur Inn, in the Borough ofSouthwari, innkeeper ;" andd in te oter, ' ofHig-street, in thus Boroiugh.". . This and same other objectiai were over-ruled by the 'Court. The averissents contained in the prisoner's affidavit wvre comz pletly enid b th wineses rodcedforthe prosecution, which Mr. Areanlsc s, for the defence, called thie sisters of the prisoner twvo marzjcd women, who depofelI to huiviug repeatedl,y bg?is preient Wwez?11al EU}B lvrdcirbrotl er by ATuJle l id they.aI~o peki~tdtheflVof23L 'iign apeormoZi3~t1of bll'A, he by MIonk t6 Mu ketfd hforIh !W(Mul3]IbJ) porn etolot5r .ltgvt Mdr. A nor PIIus replied'at grwatUonigtb 3 sand the J.Ury.44je evi- dlence h;avin1g becn summed. U17 bv theSOaunT-aftcrisomedelib6riF tion, rcturned a vcrdict, at 11 o'Cock,ef o li -- - i - . OLD A,j141Y) ggpNSDsV, Sgpr. 22..