The Sun. — 1846-02-09 (London, England)

SIIAREBROKER  FOR FORGERY.  On Saturday last Herman Julius Marcus, a stock and sharebroker carrying on business in Leeds, was brought before the Mayor (Mr. .1. D. Luecock) and Mr. E. Baines and Mr. D. W. Nell, two of the Leeds borough justices, for final e?catnination on a charge of forgery. The examination terminated in the committal of the prisoner for trial at the ensuing assizes at York, but the magistrates consented to admit the prisoner to bail—himself being bound in reeognizances to the amount of 3001, and sureties to the same amount. The case is one of a rather peculiar character, and from the respectability of the prisoner, his position in society, and other circumstances, great interest has been excited in Leeds by the discovery of the alleged forgery, and the Borough Courthouse, in which the examination took place, was crowded in every part by the principal merchants, tradesmen, sharebrokers, and other respectable inhabitants of the town and neighbourhood. Before giving an outline of the facts of the care, as developed by the evidence, we may mention that Mr. Marcus, who is a German by birth, but has been naturalised in England by a special Act of Parliament passed some years ag , has resided in Leeds a long time, and followed the business of a wool-broker, till the spring of last year, when he gave up that business, and started as a stock and sharebroker, in partnership with a gentleman named Naylor, under the firm of Marcus, Naylor, and Co. The partnership, however, was dissolved some few months ago, and after the alleged forgery was committed, but of the forgery Mr. Naylor appears to have had not the slightest knowledge or suspicion till it was discovered a few days ago. Mr. Marcus for many years past has taken an active part in the management of the Mechanics' Ingitute, the Philosophicel and Literary Society, and some other institutions for the promotion of knowledge, as ere'l as others for benevolent and charitable objects. He is a man of considerable natural abilities and mental acquirements, and has hitherto beea received in society as a man of irreproachable character. The party whose name he is alleged to have forged was one of his mostintimate friends, Air. Darnton Lupton, a magistrate of the borough, and the Mayor of Leeds for the year ending the 9th of November hst. The facts of the case may be briefly stated as follows :—ln the month of July last, Mr. Marcus bought of M. Henry Ellythorpe Robson, of Liverpool, 87 shares in the London and Croydon Railway for the sum of 1,999/., and also 13 other shares in the same railway for the sum of 2991. On the usual transfer deeds for the transfer of these shares being executed, Mr. Marcus had the deeds filled up in the form of a transfer of the shares to Mr. Lupton, and he signed the name " Darnton Lupton" to the deeds, in the capacity of the transferee, and put his own name, '•H. J. Marcus," as the attesting witness. The 100 London and Croydon shares thus bought were afterwards sold by Messrs. Marcus and Naylor, in lots, to five or six different persons ; an,. in the various deeds necessary for the transfer of the different lots of shares, Mr. Marcus signed the name of Mr. Lupton as the transferer. The money for the purchase of the shares was paid by,the firm, and the various transactions were entered in the partnership books as on account of Mr. Lupton ; but Mr. Lupton denied that he had anything to do with the purchase or sale of the shares, and that Mr. Marcus had no authority from him to sign his name. The whole 100 shares were sold for about 174/.los. more than they cost, which balance-Alr..NaYlor. said he understood had been paid by Mr. Marcus to Mr. Lupton, for he (Mr. Naylor) had got none of it. Mr. Sanderson, solicitor, appeared before the magistrates for the prisoner, and in the course of his cross-examination of the principal witnesses he elicited the fact that Mr. Lupton had some time before the transaction in July last, in a conversation with Mr. Marcus, gave him some authority to buy shares for him when he saw the opportunity of making a good investment, that after the purchase of the shares in question they fell in price below that given for them by Mr. Marcus, and that some weeks elapsed before they rose again so as to allow Mr. Marcus to sell them at a profit; indeed, that he sold the first lot of them at a loss. Mr. Sanderson was allowed to address the bench, and in an able speech he contended that Mr. Marcus had not been guilty of fraud, nor the intention of fraud, and therefore. though he had committed an improper and an immoral act, he was not guilty of forgery. The Magistrates, however, took a different view of the case, and committed the prisoner for trial. He appeared to feel his degraded position most keenly, and left the Court in tears. When first taken into custody he made an attempt to commit suicide by taking laudanum, but was prevented by the timely interference of a policeofficer.