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<div0 id="t18450818" type="sessionsPaper" fragment="yes">
<div1 type="trialAccount" id="t18450818-1625">
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<xptr type="preceedingDiv" divtype="trialAccount" id="t18450818-1624"/>
<xptr type="followingDiv" divtype="trialAccount" id="t18450818-1626"/>
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<join result="criminalCharge" id="t18450818-1625-charge-1" targOrder="Y" targets="def1-1625-18450818 t18450818-1625-offence-1 t18450818-1625-verdict-1"/>
<p>1625.
<persName id="def1-1625-18450818" type="defendantName">
<interp inst="def1-1625-18450818" type="gender" value="male"/>
<interp inst="def1-1625-18450818" type="surname" value="BALLS"/>
<interp inst="def1-1625-18450818" type="given" value="WILLIAM COLEMAN"/>
<hi rend="largeCaps">WILLIAM COLEMAN BALLS</hi> </persName> was indicted
<rs id="t18450818-1625-offence-1" type="offenceDescription">
<interp inst="t18450818-1625-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18450818-1625-offence-1" type="offenceSubcategory" value="forgery"/> for feloniously forging and uttering an acquittance and receipt for 30
<hi rend="italic">l</hi>., with intent to defraud
<persName id="t18450818-name-354" type="victimName">
<interp inst="t18450818-name-354" type="gender" value="male"/>
<interp inst="t18450818-name-354" type="surname" value="RANDALL"/>
<interp inst="t18450818-name-354" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18450818-1625-offence-1 t18450818-name-354"/>John Randall</persName> and others.—Two other
<hi rend="smallCaps">COUNTS</hi>, with intent to defraud
<persName id="t18450818-name-355" type="victimName">
<interp inst="t18450818-name-355" type="gender" value="male"/>
<interp inst="t18450818-name-355" type="surname" value="SELBY"/>
<interp inst="t18450818-name-355" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18450818-1625-offence-1 t18450818-name-355"/>George Selby</persName> and others.</rs> </p>
<p>
<hi rend="smallCaps">MR. BALLANTINE</hi>
<hi rend="italic">conducted the Prosecution</hi>,</p>
<p>
<hi rend="smallCaps">
<persName id="t18450818-name-356" type="witnessName">
<interp inst="t18450818-name-356" type="gender" value="male"/>
<interp inst="t18450818-name-356" type="surname" value="RANDALL"/>
<interp inst="t18450818-name-356" type="given" value="JOHN"/>JOHN RANDALL</persName> </hi>. I am steward to the United Brothers' Provident So
<lb/>ciety, held at the City of London public-house, Sidney-street, City-road—in the beginning of 1844 the prisoner was secretary to the society, and bad been so, I think, about five years—it was the duty of the steward to keep the books of the society—I was steward at the time—it was the prisoner's duty to make the entries in the books—there was a minute—book kept and a depositor's book—this is the minute-book—the depositor's book we have been unable to find—there is a resolution entered in the minute—book, on the ht of Jan. 1844, in the prisoner's handwriting, that the senior steward, in conjunction with the secretary, should add the interest to the principal in the savings bank—I went on the 2nd of Jan. with the prisoner to the savings bank for that purpose, and made the necessary arrangements—I think the principal and interest, when added up, was 52
<hi rend="italic">l</hi>. odd—I saw the prisoner produce the depositor's book at the bank—I believe it was the duty of the steward to take care of that book, but the prisoner had always been in the habit of having it—it was returned into his hand at the bank, with the minute-book, and I have never seen it since—I never asked the prisoner for it—here is an entry in the minute-book, of the 5th of Feb. 1844* in the prisoner's handwriting, "J. Randall deposited the bank book in the
<hi rend="italic">book</hi>"—there was a conversation with the prisoner afterwards about that entry, and he said he must have made a mistake, he must have meant
<hi rend="italic">box</hi>—I never did deposit the bank book in the box—I first found it was not in</p>
<xptr type="pageFacsimile" doc="184508180078"/>
<p>the box on the 2nd of June, 1845—he always had possession of the minute—book—I do not know the exact number of books we had altogether—there were only two required at the bank, the minute and depositor's, or bank book, which is a book of receipt from the bankers—I believe the prisoner is a compositor and printer—I have frequently seen him write, and know his handwriting—(
<hi rend="italic">looking at the receipt for</hi> 30
<hi rend="italic">l</hi>.
<hi rend="italic">in the bank-book</hi>,) I believe the signature of William Jones to be the prisoner's handwriting—we have a William Jones in our society—the prisoner had no authority from our society to draw out that money—if we had wanted it I should have been appointed to receive it,</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. O'BRIEN</hi>.
<hi rend="italic">Q.</hi> How long had you been steward be
<lb/>fore the 1st of Jan.?
<hi rend="italic">A.</hi> That was my first entry—I remained steward three months—it is not a rule that the stewards for the time being should have possession of the books—we never had possession of them—there were other books besides the minute-book and the bank-book, but I cannot mention their names—I do not know the committee-book by name—I have known of another minute-book since, but not before—we call it another minute-book—we have no right to have two minute-books—this is it—(
<hi rend="italic">looking of a book labelled "Committee-book"</hi>)—lhere is no entry in it after the 5th of Feb. 1844—I see here an entry of 18th Dec. 1844—we knew nothing of the way in which he managed the books, they were done in such a strange way—here is an entry of my going to the bank with him, made almost at the beginning of the book—here is an entry—"1845, J. Randall, Sept. 29th 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., ditto 12
<hi rend="italic">s</hi>.," &c.—that is, money I was receiving when 1 was sick—those entries are not made under the direction of the steward—the se
<lb/>cretary makes them of his own option—he knows what to put down—the stewards draw the money from the landlord, and pay it to the sick members—the secretary gets the account from the landlord's book, which we sign for his security—I have seen this book before, but never examined it par-ticularly—the other stewards had also an opportunity of seeing it—I believe the minute-book was generally on the table every night of meeting—the books were kept in the box, but this book the prisoner had in his pos-session—it has never been kept in the box since 1 have been there—there were three keys belonging to the box in which the bank-book was kept—the prisoner had neither of those keys—the two stewards had each one, and the landlord one, each for a different lock, so that all three keys must be there to open the box—James Andrews was my fellow-steaard, and Hume Graddon, but he was not a free steward—we always kept the bank-book in the box till it was taken to the bank—our accounts were generally made up and balanced in Dec.—this book does not contain the receipts and expenditure, it is called, "Receipts and Expenditure-book"—here is an entry, "Balance to treasurer"—we were never aware that this book contained any entry of the sort—it was a larger book in which that was entered—this is the book—this other was expressly for a minute-book—I never examined to see whether it was marked with receipts and expendi-ture—nothing but minutes of meetings had any business in it—I have belonged to the society rather better than five years—here is a minute in the book, authorizing me to proceed to the bank.</p>
<p>
<hi rend="italic">Q.</hi> How often were you in the habit of going to the bank to have the interest added up, in order that it might become principal?
<hi rend="italic">A.</hi> It used to be done once in six months, but lately once in twelve—I am not aware when it was done before Feb. 5th, 1844—it was not my duty, after April,</p>
<xptr type="pageFacsimile" doc="184508180079"/>
<p>to examine any of the books—I do not recollect who succeeded me in office.</p>
<p>
<hi rend="italic">Q.</hi> Look at that entry, does it not follow in the same handwriting, and in the same ink as the entry above it, "J. Randall deposited the bank-book in the box?"
<hi rend="italic">A.</hi> It could not have been so—the handwriting is all one, and the ink may have been all one, for what I know—I do not think any of us ever looked at the minute-book—we trusted too much to the prisoner—we had a steward's book, in which we kept an account against him of what members paid, and what they did not pay—the name of Wil
<lb/>liam Jones is not in the notice, only in the receipt—I believe it to be the pri
<lb/>soner's writing—the W. and J. are like his—he sometimes signed his own name William, and sometimes W. only—my attention was called to this receipt some time in June last.</p>
<p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> I believe that is a blank depositor's book? (
<hi rend="italic">producing one.</hi>)
<hi rend="italic">A.</hi> Yes—the minute-book was entirely in the prisoner's keeping—I never noticed it before, and never observed the words "re-ceipts and expenditure" on it.</p>
<p>
<hi rend="smallCaps">MR. O'BRIEN</hi>.
<hi rend="italic">Q.</hi> Look at that book (labelled "
<hi rend="italic">Committee-book</hi>"), and see whether that is not the minute-book?
<hi rend="italic">A.</hi> was never aware we had such a book—this has got minutes in it like the other book—it is in the prisoner's handwriting.</p>
<p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Is this named "Committee-book" by yon, or pasted on by the prisoner?
<hi rend="italic">A.</hi> It is a name that he gave it—I believe the whole of this to be the prisoner's writing—this "general meeting, &c, 9th of June," was the last writing I saw him make—the name of Jones if in that—it is nothing like the signature to the receipt—it is a different hand
<lb/>writing—I have been in the habit of seeing him write for about five yean—if the depositor's book had been put back into the box after being de-livered to the prisoner at the Bank, he would not have been able to get it without the knowledge of the three persons who had keys.</p>
<p>
<hi rend="smallCaps">
<persName id="t18450818-name-357" type="witnessName">
<interp inst="t18450818-name-357" type="gender" value="male"/>
<interp inst="t18450818-name-357" type="surname" value="NIXEY"/>
<interp inst="t18450818-name-357" type="given" value="THOMAS"/>THOMAS NIXEY</persName> </hi>. In Jan. and Feb., 1844, I was a manager of the Fins
<lb/>bury Savings-bank—the Birmingham United Brothers' Society banked with us—before they took out their money, it would be necessary that a notice should be sent—I find such a notice in our "Notice and Repay-ment book," on the 14th of Feb., 1844—we have certain numbers in our book, and also in the depositor's book, held by the customer—the number referred to tells me whether or not it is a right account—I attended on the 21st of Feb.—I find on that date this receipt, "Finsbury-bank for savings: We the undersigned do hereby acknowledge the receipt of the sums annexed to our respective names, this 21st of Feb., 1844;" and, under the No. "9," are the names "William Nash, Thomas Bond, and William or Willan Jones"—three persons must have been present to have signed that, or I should not have given the check—we require the pre
<lb/>sence of all the three parties signing, as they do at the Bank for a transfer of stock; and upon their signing, I give a check, which is paid by another person—the depositor's book is essential to be produced—it gives me the clue where to look, and also where I am to refer for the amount I have to pay—I then take their names and I have their minute-book before me at the same time, to see that the signatures are the same as I have taken—we do not require the same signatures to the notice that we do to the re-ceipt—I do not know the persons signing the receipt, only from the minute-book, and the Secretary comes—I find their handwriting in the minute-book—with</p>
<xptr type="pageFacsimile" doc="184508180080"/>
<p>reference to this particular transaction, I do not remember the production of the minute-book at all—it would certainly not have been paid unless the minute-book had been shown—there is only the name of Thomas Bond in the notice—I paid a check of 30
<hi rend="italic">l</hi>. to the per
<lb/>sons signing the receipt—here are my initials, both in the book and on the check—I should not have given the check until I had seen the depositor's book—I personally do every act myself before I part with the check.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> You have no recollection of this particular traos-action, except by referring to this book, and judging of your usual regu-larity?
<hi rend="italic">A.</hi> Certainly not—we require the depositor's book both when notice is given, and also when the money is paid—as far as I recollect, it is invariably present when the money is paid—I cannot say that in no one instance has money been paid without it, because I do not pay all the money—I firmly believe I never gave a check without the minute-book being produced—I do not think it is at all possible I should give a check without the minute-book being before me—I did not receive the notice—I do not know whether the depositor's book and minute-book were produced then—I do not recollect any transaction with this Society before—I could not swear that I compared the signatures in this book with those in the minute-book on this occasion—most likely I did—I cannot recollect parti-cularly as to this single transaction, but it is the usual practice to do so; and I should expect I did so then—I gave the check to one of the three persons who signed—the secretary most likely—he is generally the party who takes it—there is no "secretary" marked here, but I should give it to the one who would call himself secretary, although he has not signed u such—there is nothing in this entry to show me to which of the three the check was handed—the depositor's book, after passing through the ledger, comes to me as having to give the check.</p>
<p>
<hi rend="smallCaps">
<persName id="t18450818-name-358" type="witnessName">
<interp inst="t18450818-name-358" type="gender" value="indeterminate"/>
<interp inst="t18450818-name-358" type="surname" value="BALLANTINE"/>
<interp inst="t18450818-name-358" type="given" value="MS"/>MS. BALLANTINE</persName> </hi>.
<hi rend="italic">Q.</hi> Is it usual for the secretary to sign the last of the three names?
<hi rend="italic">A.</hi> Yes—I do not know whether it is usual to describe his office—I merely take the names—the actuary and a clerk are generally present to direct the parties applying how to sign their names.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> But have you any recollection of this transaction?
<hi rend="italic">A.</hi> Not in particular—I take my turn as one of the managers, to attend—I thirik the trustees for the time being, and the secretary, must be the parties to withdraw the money—I think the secretary must be one, but the actuary can explain it better than I can—I acted on these three sig-natures, and gave the check—what I require is the depositor's book in the first place, to see that it corresponds with the number that I have in our "Notice and Repayment-book"—I do not myself particularly look at the minute-book—it appears to be the duty of the actuary or the clerk to have examined that previously, to see that it is right.</p>
<p>
<hi rend="italic">Q.</hi> I understood you to say you personally investigated all the particu
<lb/>lars before you paid the money?
<hi rend="italic">A.</hi> Yes, as far as the repayment went—as to whether these parties were authorized to receive it or not it was not my province—it was my province to pay when the proper documents were before me—the first document would be the depositor's book—that would show that notice was given for so much money to be withdrawn—it does not give the names of the parties who are to receive it—the minute-book would give me that—the minute-book must have been before me, or I should not have paid the money—having the notice, the minute-book, and</p>
<xptr type="pageFacsimile" doc="184508180081"/>
<p>the depositor's book, before me, and seeing that the number corresponded, I should give the check—I should not go to the actuary to ask him any question at all, unless I was in any doubt about it—no one of these parties has signed as the secretary—I did not notice that at the time, nor do I know exactly that it is necessary—I did not require the secretary to be there.</p>
<p>
<hi rend="smallCaps">
<persName id="t18450818-name-359" type="witnessName">
<interp inst="t18450818-name-359" type="gender" value="male"/>
<interp inst="t18450818-name-359" type="surname" value="BAILEY"/>
<interp inst="t18450818-name-359" type="given" value="WILLIAM"/>WILLIAM BAILEY</persName> </hi>. I am a manager of the pay department in this Savings Bank. On the 21st of Feb. I paid this check for 30
<hi rend="italic">l</hi>.—this is my entry of it—I have no minute of the manner in which it was paid—it would be most likely paid in gold, but I cannot say.</p>
<p>
<hi rend="smallCaps">
<persName id="t18450818-name-360" type="witnessName">
<interp inst="t18450818-name-360" type="gender" value="male"/>
<interp inst="t18450818-name-360" type="surname" value="WORTLEY"/>
<interp inst="t18450818-name-360" type="given" value="WILLAM NATHANILE"/>WILLAM NATHANILE WORTLEY</persName> </hi>. I am actuary of the Finsbury Sayings-bank. George Selby is treasurer, and a trustee—on the 1st of Jan., 1844, the United Brothers had money deposited there—I find a notice in this book to withdraw 30
<hi rend="italic">l</hi>.—I received that notice—it would be the duty of other parties to pay it—the depositor's book would be retained at the bank till the following week, that the necessary entries preparatory to the repayment may be made—it is kept in my hands, or my clerk's, until the party send in their ticket, which contains a number, for the payment of that number—the secretary of the society is then called upon to produce the minute-hook, that I may judge who are the right persons to receive the money—I remember nothing whatever about the payment of this parti-cular money—it is usual for the secretary to come when the money is paid, and to sign at the foot of the receipt—the minute-book directs us who to pay—it contains the handwriting of the parties.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Suppose it appeared that three of the members were to sign for the society and receive the money, no one of whom was secretary, would you require a fourth signature "as that of the secretary?
<hi rend="italic">A.</hi> If he was present—it would require some very particular excuse to relieve him from attendance, but the signatures of the trustees are the essential signa-tures—the signature of the secretary is usually taken for the purpose of identifying the trustees—our discharge is the signature of the persons to whom it is payable—the bona fide nature of the transaction, and the ap
<lb/>pearance of the minute book, would be the things we should judge by in that case—I do not know the prisoner—I never remember to have seen him—we have so many thousand depositors.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> How long has the United Brothers Society banked with you?
<hi rend="italic">A.</hi> Since Feb., 1834—I do not know any of the members—I look into the minute-book to see the names of the parties deputed to receive the money—it is invested in the names of the trustees for the time being, and the minute-book shows us who are displaced, and who supply their places, and the genuine appearance of the book is the thing to guide us in the repayment.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Then what check have you upon three persons who may come and represent themselves as the persons to receive?
<hi rend="italic">A.</hi> None what-ever, except what we obtain from the minute-book—the signatures of the chairman and secretary in the minute-book are the only two signatures we look to—the secretary attends with the parties, and says they are the gen
<lb/>tlemen authorized to receive the money—they change their trustees every three months, and sometimes every six weeks—the signature of the secre-tary in the minute-book would be compared with his signature when he signed at the foot of the receipt—(
<hi rend="italic">looking at the book called the minute-book</hi>)—there is no special minute entered in this book—here is a minute upon which a sum of 6
<hi rend="italic">l</hi>. was paid in 1840—I have our book of 1840 here, and</p>
<xptr type="pageFacsimile" doc="184508180082"/>
<p>here is an entry, "Ordered the sum of 6
<hi rend="italic">l</hi>., by Messrs. J. Balls and J. Coles trustees for the time being. Witnessed, W. C. Balls, secretary"—now J. Balls and Coles never signed our book before, till the secretary produced them, and signed in our book—that was on the 21st of Oct., 1840—he signed as the secretary there—that is a more correct minute—when the secretary attends he would sign either beneath or beside the others.</p>
<p>
<hi rend="smallCaps">MR. O'BRIEN</hi>.
<hi rend="italic">Q.</hi> Separate altogether from those who receive the money?
<hi rend="italic">A.</hi> Yes—there is no entry as secretary in 1844—that was an accidental omission—our managers attend so seldom that they are not ac
<lb/>quainted with the full necessities of the business.</p>
<p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> From what appears in that entry you cannot tell whether a secretary was present or not?
<hi rend="italic">A.</hi> Not merely by looking at that entry—there might be circumstances on very rare occasions, when the money would be paid although no secretary was present—we have no pre
<lb/>vious entry relating to this society.</p>
<p>
<hi rend="smallCaps">
<persName id="t18450818-name-361" type="witnessName">
<interp inst="t18450818-name-361" type="gender" value="male"/>
<interp inst="t18450818-name-361" type="surname" value="ANDREWS"/>
<interp inst="t18450818-name-361" type="given" value="JAMES"/>JAMES ANDREWS</persName> </hi>. I am a member of the United Brothers' Society. In Jan. 1844, I was steward to the society—I held a key of the chest—I saw the bank, or depositor's book on the club evening, Jan. 1,1844—I have never seen it since—it used to be kept in the box before that time—I saw it that evening, and examined it—it was out on the table—it wai not replaced in the box that evenig—it was left out to go to the bank next day—it was neglected or forgotten afterwards—it is only required once a year—the prisoner was our secretary—I know his handwriting—I believe the name of Willan Jones to this receipt to be the prisoner's handwriting—I have been in the habit of seeing him write very frequently for nearly six years.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> I suppose he used to send out a number of circu-lars to the members?
<hi rend="italic">A.</hi> Yes—the depositor's book was in the box on the 1st of Jan. before it was called for—one of the stewards brought it out—I was steward from Jan. to March with Randall—we each had a key of the box, and the landlord also—I did not examine the box from the 1st of Jan. up to the time my stewardship ceased—I believe there were about three books in the box, a long book and two others—neither of the minute-books were there—I had not occasion to go to the bank during my stewardship—the secretary always took the bank book from the steward at the time it was required, and ought to return it to him on the following Friday night—it is taken from the box by the stewards and the landlord—the steward ought to have it returned to him and to lock it up.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Have you any recollection who had possession of it on the night of the 1st of Jan. 1844?
<hi rend="italic">A.</hi> The prisoner—I recollect that—it was his duty to have it then to take to the bank—it was the steward's duty to go with him—they were authorized to go together—Randall did go with him.</p>
<p>
<hi rend="smallCaps">
<persName id="t18450818-name-362" type="witnessName">
<interp inst="t18450818-name-362" type="gender" value="indeterminate"/>
<interp inst="t18450818-name-362" type="surname" value="GRADDON"/>
<interp inst="t18450818-name-362" type="given" value="HUME"/>HUME GRADDON</persName> </hi>. I have been a member of the United Brothers five years—I have seen the prisoner write—I believe the signature of Willan Jones to this receipt to be his handwriting—I know the character of hw writing—he did not usually write so badly as that, but I believe it to be his handwriting, from the character of the W., and the J. in Jones.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> When did you see that book?
<hi rend="italic">A.</hi> I cannot tell the date—it was one day at Clerkenwell police-court—Mr. Duncombe, the solicitor, took me to see it—my attention was not directed to that name immediately—I am not a particularly good judge of handwriting—that is the general character of the prisoner's handwriting—I never saw him make</p>
<xptr type="pageFacsimile" doc="184508180083"/>
<p>a W. otherwise—(
<hi rend="italic">looking at the minute-book</hi>,) I see the "W. Jones" in this hook—I should consider that in the prisoner's usual writing—this "William Figgins" I believe to be his—it is very seldom he wrote in that way—here is "William Hall" and "William Figgins"—the W.'s there are not written in the same way—the W. in this book is his general way of writing—the W.'s in these two names was an occasional mode of writing—he might have written so for a particular purpose.</p>
<p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Were you present at a general meeting of the society on the 9th of Jan.?
<hi rend="italic">A.</hi> Yes, I saw the prisoner write down the names of the persons who were present—I saw him write this page.</p>
<p>
<hi rend="smallCaps">
<persName id="t18450818-name-363" type="witnessName">
<interp inst="t18450818-name-363" type="gender" value="male"/>
<interp inst="t18450818-name-363" type="surname" value="PEELING"/>
<interp inst="t18450818-name-363" type="given" value="SAMUEL"/>SAMUEL PEELING</persName> </hi>. I am landlord of the City of London public-house, and was so in Jan., 1844—I know the prisoner, and know his handwriting—I believe the "Willan Jones" to this receipt to be his handwriting, but I speak more particularly to the Wi—that is remarkable—from what I have seen him write I consider that to be his style of writing—he was in the habit of writing such a W.</p>
<p>
<hi rend="smallCaps">J. RANDALL</hi>
<hi rend="italic">re-examined.</hi> (
<hi rend="italic">Looking at the committee-book</hi>,) This entry of the 5th of Feb. 1844, "J. Randall deposited the bank-book in chest," is not true—I read the same in another book—I cannot say when I last saw this book—it has been in the hands of our solicitor—I have no doubt I saw it previous to Jan., 1844, but I did not know what it was—we were not aware of its being the minute-book—it is not the book that went to the bank when I went—the entries are in the prisoner's handwriting—it is not true that the bank-book was ever restored to me, nor was I aware of any such entry till the 2nd of June, after the book was lost.</p>
<p>
<hi rend="smallCaps">
<persName id="t18450818-name-364" type="witnessName">
<interp inst="t18450818-name-364" type="gender" value="male"/>
<interp inst="t18450818-name-364" type="surname" value="MATTHEWS"/>
<interp inst="t18450818-name-364" type="given" value="JOHN"/>JOHN MATTHEWS</persName> </hi>. I am a member of the United Brothers—I was present at a meeting on the 2nd of June last—the prisoner was also present—our club closes at ten o'clock—he went away about ten o'clock—after he was gone the box was opened and a search made for the bank-book—it was not found—I went after the prisoner and found him at the Three Kings, about half-past ten o'clock—I said, "Mr. Balls, have you got the bank-book?"—he said, "I do not know that I have, I will look and see when I get home, and if I have I will meet you next day at one o'clock at the club-house"—I met him next day and he said he had looked among his papers and could not find it—the same day I and some other members went to the savings-bank, and then ascer-tained that the money bad been taken out—I did not see the prisoner after that—when I saw him on the 3rd of June he said he had left his books at the Three Kings that he bad bad on the previous night, and he would go there and look—I went with him—he looked over his books and said it was not there, and I then left him—he did look over some books and papers—the landlord brought them into the parlour to him.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Who was present when the box was examined on the 2nd of June?
<hi rend="italic">A.</hi> I cannot say how many members there were—we found two or three books—I cannot say whether we found this committee-book—I do not know the books much—I believe it was there—the stewards opened the chest—I cannot exactly say who the stewards were at that time—the landlord was there—I never heard the prisoner say, "I know nothing of the bank-book since I gave it to Randall in 1844"—I did not have a long conversation with him at the Three Kings, nor next day—I saw him at our next meeting on the 9th, and saw him take down the pro
<lb/>ceedings.</p>
<p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Did you look over the minute when he had</p>
<xptr type="pageFacsimile" doc="184508180084"/>
<p>made it?
<hi rend="italic">A.</hi> No—I cannot tell whether he wrote in the minute-book or not—I believe it was in that book he wrote (
<hi rend="italic">the commitlee-book.</hi>)</p>
<p>
<hi rend="smallCaps">
<persName id="t18450818-name-365" type="witnessName">
<interp inst="t18450818-name-365" type="gender" value="male"/>
<interp inst="t18450818-name-365" type="surname" value="SILVESTER"/>
<interp inst="t18450818-name-365" type="given" value="THOMAS"/>THOMAS SILVESTER</persName> </hi>. I was a member of the United Brothers—I be
<lb/>lieve this signature of Willan Jones to be the prisoner's handwriting—I have often seen him write, and have become acquainted with his style—I have seen his writing in our books—that is the reason why I judge of this, and seeing him write likewise—I believe it to be his writing—at a meeting on the 6th of Jan., 1845, I suggested that our bank-book should be taken to the bank to have our last year's interest added to the stock—the moment this suggestion was made the prisoner raised an objection, he said he thought he could not keep the books open, for it was past club hours—it was just upon ten o'clock—I made the same suggestion on the 3rd of Feb., the next club night—he then said we had better postpone it for another night, for he wanted to go and meet a party of about forty gentlemen at a raffle—that was between nine and ten o'clock, during club hours—there was time for the resolution to be passed at that time, but it was put off at his instance—I had not seen the depositor's book since the 1st of Jan., 1844.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Were you ever a steward of the Society?
<hi rend="italic">A.</hi> Yes, prior to 1841, and in Nov. and Dec. last year—the prisoner was paid by the quarter, 4
<hi rend="italic">d</hi>. from each member—there are about twenty members—I do not know where the raffle was to be held—I did not go with him—I saw him the next night of meeting, the 30th of March—he remained. from eight till ten o'clock as usual.</p>
<p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Were your books exhibited that night?
<hi rend="italic">A.</hi> No—I asked the question that night when we were to have our bank interest added to the stock, and he said we had better put it off till the quarterly night, which was the next club night.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you meet him the next quarterly night?
<hi rend="italic">A.</hi> Yes, on the 5th of April—I went into the room a few minutes before ten o'clock, as they were calling over the roll for stewards, which is generally the last thing done—as soon as it was called over I asked the prisoner whether there was anything going to be done abont the society's fund—he said it was getting past the time, and it was too late to go into any other business that evening—he closed the books directly, and went away—the next meeting was on the 5th of May—I was there, and the prisoner also—I said nothing to him about the interest that evening—there was nothing done while I was pre
<lb/>sent—I attended on the 2nd of June—I did not go into the room till five minutes before ten o'clock, and said nothing then—they were making up the books prior to closing—I heard him say he was going to a supper at the Three Kings, in Clerkenwell-close, and he begged we would excuse him for the rest of the evening, which we did, and he got up and went away in his usual hurried manner—I paid my contribution that evening—he saw me before he talked about going to the supper at the Three Kings—I was present when the box was searched, and found the bank-book was not there—I was there on the 9th—nothing passed about the interest then—that meeting was in consequence of a general summons issued to get the prisoner to bring the bank-book and other books, as he had got the books, and we could not get at them—he appeared with these books, and that is how we got them, the bank minute-book, the monthly meeting-book, and several others—I call this the minute-book (
<hi rend="italic">the commitlee-book</hi>)—these are sick-books—he produced several of these books—I examined the bank minute-book that evening—this is the book that used to be sent</p>
<xptr type="pageFacsimile" doc="184508180085"/>
<p>to the bank—this is what we considered the bank minute-book—this other is a minute-book of our general meetings when we have anything particular—I am not aware that there was a sort of pass-book, in which the monies received by the bank on our account were entered.</p>
<p>
<hi rend="smallCaps">
<persName id="t18450818-name-366" type="witnessName">
<interp inst="t18450818-name-366" type="gender" value="male"/>
<interp inst="t18450818-name-366" type="surname" value="JONES"/>
<interp inst="t18450818-name-366" type="given" value="WILLIAM"/>WILLIAM JONES</persName> </hi>. I am a member of the United Brothers, and have been sc thirteen or fourteen years—during that time there has been no other William Jones—the signature, "Willan Jones," to this receipt is not my handwriting—I have not been to any meeting these four years.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Have you not ceased to be a member?
<hi rend="italic">A.</hi> No—I left the society about twelve months ago for a time, and joined it again.</p>
<p>
<hi rend="smallCaps">
<persName id="t18450818-name-367" type="witnessName">
<interp inst="t18450818-name-367" type="gender" value="male"/>
<interp inst="t18450818-name-367" type="surname" value="THORNTON"/>
<interp inst="t18450818-name-367" type="given" value="STEPHEN"/>STEPHEN THORNTON</persName> </hi> (
<hi rend="italic">police-constable A</hi> 26.) I took the prisoner into custody on the 26th of June—a brother officer with me told him he was charged with obtaining 52
<hi rend="italic">l</hi>. odd from the bank—he said be knew nothing about it, be thought there was some underhand work the last meeting night, and he had been very uncomfortable ever since—he said he should have been as anxious, if they had spoken to him about the book, to have found it as they were.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Where did you find him?
<hi rend="italic">A.</hi> At his lodgings, on Thursday night, the 26th of June.</p>
<p>
<hi rend="smallCaps">MR. O'BRIEN</hi>
<hi rend="italic">called</hi> </p>
<p>Alfred Punchard, tailor, No. 11, Short's-buildings, Clerkenwell-close; Thomas Betts, ivory-turner, No. 18, Ironmonger-row, St. Luke's; John Hawkins, ivory-turner, No. 12, Wenlock-terrace, City-road; and Benjamin Shillingford, greengrocer, No. 1, Lower Smith-street, Northampton-square, deposed to the prisoner's good character; but being examined by the Court, stated they were not acquainted with his handwriting.</p>
<p>
<hi rend="smallCaps">
<persName id="t18450818-name-368" type="witnessName">
<interp inst="t18450818-name-368" type="gender" value="male"/>
<interp inst="t18450818-name-368" type="surname" value="SPEAR"/>
<interp inst="t18450818-name-368" type="given" value="GEORGE"/>GEORGE SPEAR</persName> </hi>. I am a tooth-brush maker, and live at No. 3, White-street, Waterloo-town, Bethnal-green. I have known the prisoner eight or ten years—he has borne the character of an honest respectable man.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Do you know anything of his handwriting?
<hi rend="italic">A.</hi> I have seen his handwriting several times—he has written to me—(
<hi rend="italic">looking at the signature, "William Jones" to the receipt</hi>)—I do not know any character in this representing his handwriting—I do not believe it to be his hand
<lb/>writing—(
<hi rend="italic">looking at the committee-book</hi>)—this looks more like his than the other—it differs from what I have seen in his handwriting—I would rather say it was not his than that it was—(
<hi rend="italic">looking at the bank minute-book</hi>)—this looks a similar hand—I cannot say that either of them are his hand—writing—I have not noticed his handwriting sufficient to say that they are—I cannot say they are not, but I do not think they are—(
<hi rend="italic">again looking at the receipt</hi>)—I do not see anything in this—I should say the others are more like his handwriting than this—I do not see anything to repre
<lb/>sent his handwriting here—his handwriting appeared more clear and smaller—I never noticed his W.'s or J.'s—I cannot recollect his handwriting being like this—this (
<hi rend="italic">the committee-book</hi>) appears more like it—I cannot say whether I believe it is his—this (
<hi rend="italic">the minute-book</hi>) appears to be the same hand—they seem to represent his hand more than the others—I cannot say that they are his handwriting.</p>
<p>
<rs id="t18450818-1625-verdict-1" type="verdictDescription">
<interp inst="t18450818-1625-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18450818-1625-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>—
<hi rend="italic">Strongly recommended to mercy by the Jury.</hi> </rs> </p>
<p>
<hi rend="italic">
<rs id="t18450818-1625-punishment-36" type="punishmentDescription">
<interp inst="t18450818-1625-punishment-36" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-1625-18450818 t18450818-1625-punishment-36"/>Transported for Ten Years</rs>.</hi> </p>
<p>(There was another indictment against the prisoner, and
<hi rend="smallCaps">MR. BALLANTINE</hi> stared that he had obtained the whole fund belonging to the society.)</p> </div1></div0>
</body>
</text>
</TEI.2>
<TEI.2>
<text>
<body>
<div0 id="t18450818" type="sessionsPaper" fragment="yes">
<div1 type="trialAccount" id="t18450818-1625">
<xptr type="pageFacsimile" doc="184508180077"/>
<xptr type="preceedingDiv" divtype="trialAccount" id="t18450818-1624"/>
<xptr type="followingDiv" divtype="trialAccount" id="t18450818-1626"/>
<interp inst="t18450818-1625" type="uri" value="sessionsPapers/18450818"/>
<interp inst="t18450818-1625" type="date" value="18450818"/>
<join result="criminalCharge" id="t18450818-1625-charge-1" targOrder="Y" targets="def1-1625-18450818 t18450818-1625-offence-1 t18450818-1625-verdict-1"/>
<p>1625.
<persName id="def1-1625-18450818" type="defendantName">
<interp inst="def1-1625-18450818" type="gender" value="male"/>
<interp inst="def1-1625-18450818" type="surname" value="BALLS"/>
<interp inst="def1-1625-18450818" type="given" value="WILLIAM COLEMAN"/>
<hi rend="largeCaps">WILLIAM COLEMAN BALLS</hi> </persName> was indicted
<rs id="t18450818-1625-offence-1" type="offenceDescription">
<interp inst="t18450818-1625-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18450818-1625-offence-1" type="offenceSubcategory" value="forgery"/> for feloniously forging and uttering an acquittance and receipt for 30
<hi rend="italic">l</hi>., with intent to defraud
<persName id="t18450818-name-354" type="victimName">
<interp inst="t18450818-name-354" type="gender" value="male"/>
<interp inst="t18450818-name-354" type="surname" value="RANDALL"/>
<interp inst="t18450818-name-354" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18450818-1625-offence-1 t18450818-name-354"/>John Randall</persName> and others.—Two other
<hi rend="smallCaps">COUNTS</hi>, with intent to defraud
<persName id="t18450818-name-355" type="victimName">
<interp inst="t18450818-name-355" type="gender" value="male"/>
<interp inst="t18450818-name-355" type="surname" value="SELBY"/>
<interp inst="t18450818-name-355" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18450818-1625-offence-1 t18450818-name-355"/>George Selby</persName> and others.</rs> </p>
<p>
<hi rend="smallCaps">MR. BALLANTINE</hi>
<hi rend="italic">conducted the Prosecution</hi>,</p>
<p>
<hi rend="smallCaps">
<persName id="t18450818-name-356" type="witnessName">
<interp inst="t18450818-name-356" type="gender" value="male"/>
<interp inst="t18450818-name-356" type="surname" value="RANDALL"/>
<interp inst="t18450818-name-356" type="given" value="JOHN"/>JOHN RANDALL</persName> </hi>. I am steward to the United Brothers' Provident So
<lb/>ciety, held at the City of London public-house, Sidney-street, City-road—in the beginning of 1844 the prisoner was secretary to the society, and bad been so, I think, about five years—it was the duty of the steward to keep the books of the society—I was steward at the time—it was the prisoner's duty to make the entries in the books—there was a minute—book kept and a depositor's book—this is the minute-book—the depositor's book we have been unable to find—there is a resolution entered in the minute—book, on the ht of Jan. 1844, in the prisoner's handwriting, that the senior steward, in conjunction with the secretary, should add the interest to the principal in the savings bank—I went on the 2nd of Jan. with the prisoner to the savings bank for that purpose, and made the necessary arrangements—I think the principal and interest, when added up, was 52
<hi rend="italic">l</hi>. odd—I saw the prisoner produce the depositor's book at the bank—I believe it was the duty of the steward to take care of that book, but the prisoner had always been in the habit of having it—it was returned into his hand at the bank, with the minute-book, and I have never seen it since—I never asked the prisoner for it—here is an entry in the minute-book, of the 5th of Feb. 1844* in the prisoner's handwriting, "J. Randall deposited the bank book in the
<hi rend="italic">book</hi>"—there was a conversation with the prisoner afterwards about that entry, and he said he must have made a mistake, he must have meant
<hi rend="italic">box</hi>—I never did deposit the bank book in the box—I first found it was not in</p>
<xptr type="pageFacsimile" doc="184508180078"/>
<p>the box on the 2nd of June, 1845—he always had possession of the minute—book—I do not know the exact number of books we had altogether—there were only two required at the bank, the minute and depositor's, or bank book, which is a book of receipt from the bankers—I believe the prisoner is a compositor and printer—I have frequently seen him write, and know his handwriting—(
<hi rend="italic">looking at the receipt for</hi> 30
<hi rend="italic">l</hi>.
<hi rend="italic">in the bank-book</hi>,) I believe the signature of William Jones to be the prisoner's handwriting—we have a William Jones in our society—the prisoner had no authority from our society to draw out that money—if we had wanted it I should have been appointed to receive it,</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. O'BRIEN</hi>.
<hi rend="italic">Q.</hi> How long had you been steward be
<lb/>fore the 1st of Jan.?
<hi rend="italic">A.</hi> That was my first entry—I remained steward three months—it is not a rule that the stewards for the time being should have possession of the books—we never had possession of them—there were other books besides the minute-book and the bank-book, but I cannot mention their names—I do not know the committee-book by name—I have known of another minute-book since, but not before—we call it another minute-book—we have no right to have two minute-books—this is it—(
<hi rend="italic">looking of a book labelled "Committee-book"</hi>)—lhere is no entry in it after the 5th of Feb. 1844—I see here an entry of 18th Dec. 1844—we knew nothing of the way in which he managed the books, they were done in such a strange way—here is an entry of my going to the bank with him, made almost at the beginning of the book—here is an entry—"1845, J. Randall, Sept. 29th 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., ditto 12
<hi rend="italic">s</hi>.," &c.—that is, money I was receiving when 1 was sick—those entries are not made under the direction of the steward—the se
<lb/>cretary makes them of his own option—he knows what to put down—the stewards draw the money from the landlord, and pay it to the sick members—the secretary gets the account from the landlord's book, which we sign for his security—I have seen this book before, but never examined it par-ticularly—the other stewards had also an opportunity of seeing it—I believe the minute-book was generally on the table every night of meeting—the books were kept in the box, but this book the prisoner had in his pos-session—it has never been kept in the box since 1 have been there—there were three keys belonging to the box in which the bank-book was kept—the prisoner had neither of those keys—the two stewards had each one, and the landlord one, each for a different lock, so that all three keys must be there to open the box—James Andrews was my fellow-steaard, and Hume Graddon, but he was not a free steward—we always kept the bank-book in the box till it was taken to the bank—our accounts were generally made up and balanced in Dec.—this book does not contain the receipts and expenditure, it is called, "Receipts and Expenditure-book"—here is an entry, "Balance to treasurer"—we were never aware that this book contained any entry of the sort—it was a larger book in which that was entered—this is the book—this other was expressly for a minute-book—I never examined to see whether it was marked with receipts and expendi-ture—nothing but minutes of meetings had any business in it—I have belonged to the society rather better than five years—here is a minute in the book, authorizing me to proceed to the bank.</p>
<p>
<hi rend="italic">Q.</hi> How often were you in the habit of going to the bank to have the interest added up, in order that it might become principal?
<hi rend="italic">A.</hi> It used to be done once in six months, but lately once in twelve—I am not aware when it was done before Feb. 5th, 1844—it was not my duty, after April,</p>
<xptr type="pageFacsimile" doc="184508180079"/>
<p>to examine any of the books—I do not recollect who succeeded me in office.</p>
<p>
<hi rend="italic">Q.</hi> Look at that entry, does it not follow in the same handwriting, and in the same ink as the entry above it, "J. Randall deposited the bank-book in the box?"
<hi rend="italic">A.</hi> It could not have been so—the handwriting is all one, and the ink may have been all one, for what I know—I do not think any of us ever looked at the minute-book—we trusted too much to the prisoner—we had a steward's book, in which we kept an account against him of what members paid, and what they did not pay—the name of Wil
<lb/>liam Jones is not in the notice, only in the receipt—I believe it to be the pri
<lb/>soner's writing—the W. and J. are like his—he sometimes signed his own name William, and sometimes W. only—my attention was called to this receipt some time in June last.</p>
<p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> I believe that is a blank depositor's book? (
<hi rend="italic">producing one.</hi>)
<hi rend="italic">A.</hi> Yes—the minute-book was entirely in the prisoner's keeping—I never noticed it before, and never observed the words "re-ceipts and expenditure" on it.</p>
<p>
<hi rend="smallCaps">MR. O'BRIEN</hi>.
<hi rend="italic">Q.</hi> Look at that book (labelled "
<hi rend="italic">Committee-book</hi>"), and see whether that is not the minute-book?
<hi rend="italic">A.</hi> was never aware we had such a book—this has got minutes in it like the other book—it is in the prisoner's handwriting.</p>
<p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Is this named "Committee-book" by yon, or pasted on by the prisoner?
<hi rend="italic">A.</hi> It is a name that he gave it—I believe the whole of this to be the prisoner's writing—this "general meeting, &c, 9th of June," was the last writing I saw him make—the name of Jones if in that—it is nothing like the signature to the receipt—it is a different hand
<lb/>writing—I have been in the habit of seeing him write for about five yean—if the depositor's book had been put back into the box after being de-livered to the prisoner at the Bank, he would not have been able to get it without the knowledge of the three persons who had keys.</p>
<p>
<hi rend="smallCaps">
<persName id="t18450818-name-357" type="witnessName">
<interp inst="t18450818-name-357" type="gender" value="male"/>
<interp inst="t18450818-name-357" type="surname" value="NIXEY"/>
<interp inst="t18450818-name-357" type="given" value="THOMAS"/>THOMAS NIXEY</persName> </hi>. In Jan. and Feb., 1844, I was a manager of the Fins
<lb/>bury Savings-bank—the Birmingham United Brothers' Society banked with us—before they took out their money, it would be necessary that a notice should be sent—I find such a notice in our "Notice and Repay-ment book," on the 14th of Feb., 1844—we have certain numbers in our book, and also in the depositor's book, held by the customer—the number referred to tells me whether or not it is a right account—I attended on the 21st of Feb.—I find on that date this receipt, "Finsbury-bank for savings: We the undersigned do hereby acknowledge the receipt of the sums annexed to our respective names, this 21st of Feb., 1844;" and, under the No. "9," are the names "William Nash, Thomas Bond, and William or Willan Jones"—three persons must have been present to have signed that, or I should not have given the check—we require the pre
<lb/>sence of all the three parties signing, as they do at the Bank for a transfer of stock; and upon their signing, I give a check, which is paid by another person—the depositor's book is essential to be produced—it gives me the clue where to look, and also where I am to refer for the amount I have to pay—I then take their names and I have their minute-book before me at the same time, to see that the signatures are the same as I have taken—we do not require the same signatures to the notice that we do to the re-ceipt—I do not know the persons signing the receipt, only from the minute-book, and the Secretary comes—I find their handwriting in the minute-book—with</p>
<xptr type="pageFacsimile" doc="184508180080"/>
<p>reference to this particular transaction, I do not remember the production of the minute-book at all—it would certainly not have been paid unless the minute-book had been shown—there is only the name of Thomas Bond in the notice—I paid a check of 30
<hi rend="italic">l</hi>. to the per
<lb/>sons signing the receipt—here are my initials, both in the book and on the check—I should not have given the check until I had seen the depositor's book—I personally do every act myself before I part with the check.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> You have no recollection of this particular traos-action, except by referring to this book, and judging of your usual regu-larity?
<hi rend="italic">A.</hi> Certainly not—we require the depositor's book both when notice is given, and also when the money is paid—as far as I recollect, it is invariably present when the money is paid—I cannot say that in no one instance has money been paid without it, because I do not pay all the money—I firmly believe I never gave a check without the minute-book being produced—I do not think it is at all possible I should give a check without the minute-book being before me—I did not receive the notice—I do not know whether the depositor's book and minute-book were produced then—I do not recollect any transaction with this Society before—I could not swear that I compared the signatures in this book with those in the minute-book on this occasion—most likely I did—I cannot recollect parti-cularly as to this single transaction, but it is the usual practice to do so; and I should expect I did so then—I gave the check to one of the three persons who signed—the secretary most likely—he is generally the party who takes it—there is no "secretary" marked here, but I should give it to the one who would call himself secretary, although he has not signed u such—there is nothing in this entry to show me to which of the three the check was handed—the depositor's book, after passing through the ledger, comes to me as having to give the check.</p>
<p>
<hi rend="smallCaps">
<persName id="t18450818-name-358" type="witnessName">
<interp inst="t18450818-name-358" type="gender" value="indeterminate"/>
<interp inst="t18450818-name-358" type="surname" value="BALLANTINE"/>
<interp inst="t18450818-name-358" type="given" value="MS"/>MS. BALLANTINE</persName> </hi>.
<hi rend="italic">Q.</hi> Is it usual for the secretary to sign the last of the three names?
<hi rend="italic">A.</hi> Yes—I do not know whether it is usual to describe his office—I merely take the names—the actuary and a clerk are generally present to direct the parties applying how to sign their names.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> But have you any recollection of this transaction?
<hi rend="italic">A.</hi> Not in particular—I take my turn as one of the managers, to attend—I thirik the trustees for the time being, and the secretary, must be the parties to withdraw the money—I think the secretary must be one, but the actuary can explain it better than I can—I acted on these three sig-natures, and gave the check—what I require is the depositor's book in the first place, to see that it corresponds with the number that I have in our "Notice and Repayment-book"—I do not myself particularly look at the minute-book—it appears to be the duty of the actuary or the clerk to have examined that previously, to see that it is right.</p>
<p>
<hi rend="italic">Q.</hi> I understood you to say you personally investigated all the particu
<lb/>lars before you paid the money?
<hi rend="italic">A.</hi> Yes, as far as the repayment went—as to whether these parties were authorized to receive it or not it was not my province—it was my province to pay when the proper documents were before me—the first document would be the depositor's book—that would show that notice was given for so much money to be withdrawn—it does not give the names of the parties who are to receive it—the minute-book would give me that—the minute-book must have been before me, or I should not have paid the money—having the notice, the minute-book, and</p>
<xptr type="pageFacsimile" doc="184508180081"/>
<p>the depositor's book, before me, and seeing that the number corresponded, I should give the check—I should not go to the actuary to ask him any question at all, unless I was in any doubt about it—no one of these parties has signed as the secretary—I did not notice that at the time, nor do I know exactly that it is necessary—I did not require the secretary to be there.</p>
<p>
<hi rend="smallCaps">
<persName id="t18450818-name-359" type="witnessName">
<interp inst="t18450818-name-359" type="gender" value="male"/>
<interp inst="t18450818-name-359" type="surname" value="BAILEY"/>
<interp inst="t18450818-name-359" type="given" value="WILLIAM"/>WILLIAM BAILEY</persName> </hi>. I am a manager of the pay department in this Savings Bank. On the 21st of Feb. I paid this check for 30
<hi rend="italic">l</hi>.—this is my entry of it—I have no minute of the manner in which it was paid—it would be most likely paid in gold, but I cannot say.</p>
<p>
<hi rend="smallCaps">
<persName id="t18450818-name-360" type="witnessName">
<interp inst="t18450818-name-360" type="gender" value="male"/>
<interp inst="t18450818-name-360" type="surname" value="WORTLEY"/>
<interp inst="t18450818-name-360" type="given" value="WILLAM NATHANILE"/>WILLAM NATHANILE WORTLEY</persName> </hi>. I am actuary of the Finsbury Sayings-bank. George Selby is treasurer, and a trustee—on the 1st of Jan., 1844, the United Brothers had money deposited there—I find a notice in this book to withdraw 30
<hi rend="italic">l</hi>.—I received that notice—it would be the duty of other parties to pay it—the depositor's book would be retained at the bank till the following week, that the necessary entries preparatory to the repayment may be made—it is kept in my hands, or my clerk's, until the party send in their ticket, which contains a number, for the payment of that number—the secretary of the society is then called upon to produce the minute-hook, that I may judge who are the right persons to receive the money—I remember nothing whatever about the payment of this parti-cular money—it is usual for the secretary to come when the money is paid, and to sign at the foot of the receipt—the minute-book directs us who to pay—it contains the handwriting of the parties.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Suppose it appeared that three of the members were to sign for the society and receive the money, no one of whom was secretary, would you require a fourth signature "as that of the secretary?
<hi rend="italic">A.</hi> If he was present—it would require some very particular excuse to relieve him from attendance, but the signatures of the trustees are the essential signa-tures—the signature of the secretary is usually taken for the purpose of identifying the trustees—our discharge is the signature of the persons to whom it is payable—the bona fide nature of the transaction, and the ap
<lb/>pearance of the minute book, would be the things we should judge by in that case—I do not know the prisoner—I never remember to have seen him—we have so many thousand depositors.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> How long has the United Brothers Society banked with you?
<hi rend="italic">A.</hi> Since Feb., 1834—I do not know any of the members—I look into the minute-book to see the names of the parties deputed to receive the money—it is invested in the names of the trustees for the time being, and the minute-book shows us who are displaced, and who supply their places, and the genuine appearance of the book is the thing to guide us in the repayment.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Then what check have you upon three persons who may come and represent themselves as the persons to receive?
<hi rend="italic">A.</hi> None what-ever, except what we obtain from the minute-book—the signatures of the chairman and secretary in the minute-book are the only two signatures we look to—the secretary attends with the parties, and says they are the gen
<lb/>tlemen authorized to receive the money—they change their trustees every three months, and sometimes every six weeks—the signature of the secre-tary in the minute-book would be compared with his signature when he signed at the foot of the receipt—(
<hi rend="italic">looking at the book called the minute-book</hi>)—there is no special minute entered in this book—here is a minute upon which a sum of 6
<hi rend="italic">l</hi>. was paid in 1840—I have our book of 1840 here, and</p>
<xptr type="pageFacsimile" doc="184508180082"/>
<p>here is an entry, "Ordered the sum of 6
<hi rend="italic">l</hi>., by Messrs. J. Balls and J. Coles trustees for the time being. Witnessed, W. C. Balls, secretary"—now J. Balls and Coles never signed our book before, till the secretary produced them, and signed in our book—that was on the 21st of Oct., 1840—he signed as the secretary there—that is a more correct minute—when the secretary attends he would sign either beneath or beside the others.</p>
<p>
<hi rend="smallCaps">MR. O'BRIEN</hi>.
<hi rend="italic">Q.</hi> Separate altogether from those who receive the money?
<hi rend="italic">A.</hi> Yes—there is no entry as secretary in 1844—that was an accidental omission—our managers attend so seldom that they are not ac
<lb/>quainted with the full necessities of the business.</p>
<p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> From what appears in that entry you cannot tell whether a secretary was present or not?
<hi rend="italic">A.</hi> Not merely by looking at that entry—there might be circumstances on very rare occasions, when the money would be paid although no secretary was present—we have no pre
<lb/>vious entry relating to this society.</p>
<p>
<hi rend="smallCaps">
<persName id="t18450818-name-361" type="witnessName">
<interp inst="t18450818-name-361" type="gender" value="male"/>
<interp inst="t18450818-name-361" type="surname" value="ANDREWS"/>
<interp inst="t18450818-name-361" type="given" value="JAMES"/>JAMES ANDREWS</persName> </hi>. I am a member of the United Brothers' Society. In Jan. 1844, I was steward to the society—I held a key of the chest—I saw the bank, or depositor's book on the club evening, Jan. 1,1844—I have never seen it since—it used to be kept in the box before that time—I saw it that evening, and examined it—it was out on the table—it wai not replaced in the box that evenig—it was left out to go to the bank next day—it was neglected or forgotten afterwards—it is only required once a year—the prisoner was our secretary—I know his handwriting—I believe the name of Willan Jones to this receipt to be the prisoner's handwriting—I have been in the habit of seeing him write very frequently for nearly six years.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> I suppose he used to send out a number of circu-lars to the members?
<hi rend="italic">A.</hi> Yes—the depositor's book was in the box on the 1st of Jan. before it was called for—one of the stewards brought it out—I was steward from Jan. to March with Randall—we each had a key of the box, and the landlord also—I did not examine the box from the 1st of Jan. up to the time my stewardship ceased—I believe there were about three books in the box, a long book and two others—neither of the minute-books were there—I had not occasion to go to the bank during my stewardship—the secretary always took the bank book from the steward at the time it was required, and ought to return it to him on the following Friday night—it is taken from the box by the stewards and the landlord—the steward ought to have it returned to him and to lock it up.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Have you any recollection who had possession of it on the night of the 1st of Jan. 1844?
<hi rend="italic">A.</hi> The prisoner—I recollect that—it was his duty to have it then to take to the bank—it was the steward's duty to go with him—they were authorized to go together—Randall did go with him.</p>
<p>
<hi rend="smallCaps">
<persName id="t18450818-name-362" type="witnessName">
<interp inst="t18450818-name-362" type="gender" value="indeterminate"/>
<interp inst="t18450818-name-362" type="surname" value="GRADDON"/>
<interp inst="t18450818-name-362" type="given" value="HUME"/>HUME GRADDON</persName> </hi>. I have been a member of the United Brothers five years—I have seen the prisoner write—I believe the signature of Willan Jones to this receipt to be his handwriting—I know the character of hw writing—he did not usually write so badly as that, but I believe it to be his handwriting, from the character of the W., and the J. in Jones.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> When did you see that book?
<hi rend="italic">A.</hi> I cannot tell the date—it was one day at Clerkenwell police-court—Mr. Duncombe, the solicitor, took me to see it—my attention was not directed to that name immediately—I am not a particularly good judge of handwriting—that is the general character of the prisoner's handwriting—I never saw him make</p>
<xptr type="pageFacsimile" doc="184508180083"/>
<p>a W. otherwise—(
<hi rend="italic">looking at the minute-book</hi>,) I see the "W. Jones" in this hook—I should consider that in the prisoner's usual writing—this "William Figgins" I believe to be his—it is very seldom he wrote in that way—here is "William Hall" and "William Figgins"—the W.'s there are not written in the same way—the W. in this book is his general way of writing—the W.'s in these two names was an occasional mode of writing—he might have written so for a particular purpose.</p>
<p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Were you present at a general meeting of the society on the 9th of Jan.?
<hi rend="italic">A.</hi> Yes, I saw the prisoner write down the names of the persons who were present—I saw him write this page.</p>
<p>
<hi rend="smallCaps">
<persName id="t18450818-name-363" type="witnessName">
<interp inst="t18450818-name-363" type="gender" value="male"/>
<interp inst="t18450818-name-363" type="surname" value="PEELING"/>
<interp inst="t18450818-name-363" type="given" value="SAMUEL"/>SAMUEL PEELING</persName> </hi>. I am landlord of the City of London public-house, and was so in Jan., 1844—I know the prisoner, and know his handwriting—I believe the "Willan Jones" to this receipt to be his handwriting, but I speak more particularly to the Wi—that is remarkable—from what I have seen him write I consider that to be his style of writing—he was in the habit of writing such a W.</p>
<p>
<hi rend="smallCaps">J. RANDALL</hi>
<hi rend="italic">re-examined.</hi> (
<hi rend="italic">Looking at the committee-book</hi>,) This entry of the 5th of Feb. 1844, "J. Randall deposited the bank-book in chest," is not true—I read the same in another book—I cannot say when I last saw this book—it has been in the hands of our solicitor—I have no doubt I saw it previous to Jan., 1844, but I did not know what it was—we were not aware of its being the minute-book—it is not the book that went to the bank when I went—the entries are in the prisoner's handwriting—it is not true that the bank-book was ever restored to me, nor was I aware of any such entry till the 2nd of June, after the book was lost.</p>
<p>
<hi rend="smallCaps">
<persName id="t18450818-name-364" type="witnessName">
<interp inst="t18450818-name-364" type="gender" value="male"/>
<interp inst="t18450818-name-364" type="surname" value="MATTHEWS"/>
<interp inst="t18450818-name-364" type="given" value="JOHN"/>JOHN MATTHEWS</persName> </hi>. I am a member of the United Brothers—I was present at a meeting on the 2nd of June last—the prisoner was also present—our club closes at ten o'clock—he went away about ten o'clock—after he was gone the box was opened and a search made for the bank-book—it was not found—I went after the prisoner and found him at the Three Kings, about half-past ten o'clock—I said, "Mr. Balls, have you got the bank-book?"—he said, "I do not know that I have, I will look and see when I get home, and if I have I will meet you next day at one o'clock at the club-house"—I met him next day and he said he had looked among his papers and could not find it—the same day I and some other members went to the savings-bank, and then ascer-tained that the money bad been taken out—I did not see the prisoner after that—when I saw him on the 3rd of June he said he had left his books at the Three Kings that he bad bad on the previous night, and he would go there and look—I went with him—he looked over his books and said it was not there, and I then left him—he did look over some books and papers—the landlord brought them into the parlour to him.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Who was present when the box was examined on the 2nd of June?
<hi rend="italic">A.</hi> I cannot say how many members there were—we found two or three books—I cannot say whether we found this committee-book—I do not know the books much—I believe it was there—the stewards opened the chest—I cannot exactly say who the stewards were at that time—the landlord was there—I never heard the prisoner say, "I know nothing of the bank-book since I gave it to Randall in 1844"—I did not have a long conversation with him at the Three Kings, nor next day—I saw him at our next meeting on the 9th, and saw him take down the pro
<lb/>ceedings.</p>
<p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Did you look over the minute when he had</p>
<xptr type="pageFacsimile" doc="184508180084"/>
<p>made it?
<hi rend="italic">A.</hi> No—I cannot tell whether he wrote in the minute-book or not—I believe it was in that book he wrote (
<hi rend="italic">the commitlee-book.</hi>)</p>
<p>
<hi rend="smallCaps">
<persName id="t18450818-name-365" type="witnessName">
<interp inst="t18450818-name-365" type="gender" value="male"/>
<interp inst="t18450818-name-365" type="surname" value="SILVESTER"/>
<interp inst="t18450818-name-365" type="given" value="THOMAS"/>THOMAS SILVESTER</persName> </hi>. I was a member of the United Brothers—I be
<lb/>lieve this signature of Willan Jones to be the prisoner's handwriting—I have often seen him write, and have become acquainted with his style—I have seen his writing in our books—that is the reason why I judge of this, and seeing him write likewise—I believe it to be his writing—at a meeting on the 6th of Jan., 1845, I suggested that our bank-book should be taken to the bank to have our last year's interest added to the stock—the moment this suggestion was made the prisoner raised an objection, he said he thought he could not keep the books open, for it was past club hours—it was just upon ten o'clock—I made the same suggestion on the 3rd of Feb., the next club night—he then said we had better postpone it for another night, for he wanted to go and meet a party of about forty gentlemen at a raffle—that was between nine and ten o'clock, during club hours—there was time for the resolution to be passed at that time, but it was put off at his instance—I had not seen the depositor's book since the 1st of Jan., 1844.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Were you ever a steward of the Society?
<hi rend="italic">A.</hi> Yes, prior to 1841, and in Nov. and Dec. last year—the prisoner was paid by the quarter, 4
<hi rend="italic">d</hi>. from each member—there are about twenty members—I do not know where the raffle was to be held—I did not go with him—I saw him the next night of meeting, the 30th of March—he remained. from eight till ten o'clock as usual.</p>
<p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Were your books exhibited that night?
<hi rend="italic">A.</hi> No—I asked the question that night when we were to have our bank interest added to the stock, and he said we had better put it off till the quarterly night, which was the next club night.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you meet him the next quarterly night?
<hi rend="italic">A.</hi> Yes, on the 5th of April—I went into the room a few minutes before ten o'clock, as they were calling over the roll for stewards, which is generally the last thing done—as soon as it was called over I asked the prisoner whether there was anything going to be done abont the society's fund—he said it was getting past the time, and it was too late to go into any other business that evening—he closed the books directly, and went away—the next meeting was on the 5th of May—I was there, and the prisoner also—I said nothing to him about the interest that evening—there was nothing done while I was pre
<lb/>sent—I attended on the 2nd of June—I did not go into the room till five minutes before ten o'clock, and said nothing then—they were making up the books prior to closing—I heard him say he was going to a supper at the Three Kings, in Clerkenwell-close, and he begged we would excuse him for the rest of the evening, which we did, and he got up and went away in his usual hurried manner—I paid my contribution that evening—he saw me before he talked about going to the supper at the Three Kings—I was present when the box was searched, and found the bank-book was not there—I was there on the 9th—nothing passed about the interest then—that meeting was in consequence of a general summons issued to get the prisoner to bring the bank-book and other books, as he had got the books, and we could not get at them—he appeared with these books, and that is how we got them, the bank minute-book, the monthly meeting-book, and several others—I call this the minute-book (
<hi rend="italic">the commitlee-book</hi>)—these are sick-books—he produced several of these books—I examined the bank minute-book that evening—this is the book that used to be sent</p>
<xptr type="pageFacsimile" doc="184508180085"/>
<p>to the bank—this is what we considered the bank minute-book—this other is a minute-book of our general meetings when we have anything particular—I am not aware that there was a sort of pass-book, in which the monies received by the bank on our account were entered.</p>
<p>
<hi rend="smallCaps">
<persName id="t18450818-name-366" type="witnessName">
<interp inst="t18450818-name-366" type="gender" value="male"/>
<interp inst="t18450818-name-366" type="surname" value="JONES"/>
<interp inst="t18450818-name-366" type="given" value="WILLIAM"/>WILLIAM JONES</persName> </hi>. I am a member of the United Brothers, and have been sc thirteen or fourteen years—during that time there has been no other William Jones—the signature, "Willan Jones," to this receipt is not my handwriting—I have not been to any meeting these four years.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Have you not ceased to be a member?
<hi rend="italic">A.</hi> No—I left the society about twelve months ago for a time, and joined it again.</p>
<p>
<hi rend="smallCaps">
<persName id="t18450818-name-367" type="witnessName">
<interp inst="t18450818-name-367" type="gender" value="male"/>
<interp inst="t18450818-name-367" type="surname" value="THORNTON"/>
<interp inst="t18450818-name-367" type="given" value="STEPHEN"/>STEPHEN THORNTON</persName> </hi> (
<hi rend="italic">police-constable A</hi> 26.) I took the prisoner into custody on the 26th of June—a brother officer with me told him he was charged with obtaining 52
<hi rend="italic">l</hi>. odd from the bank—he said be knew nothing about it, be thought there was some underhand work the last meeting night, and he had been very uncomfortable ever since—he said he should have been as anxious, if they had spoken to him about the book, to have found it as they were.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Where did you find him?
<hi rend="italic">A.</hi> At his lodgings, on Thursday night, the 26th of June.</p>
<p>
<hi rend="smallCaps">MR. O'BRIEN</hi>
<hi rend="italic">called</hi> </p>
<p>Alfred Punchard, tailor, No. 11, Short's-buildings, Clerkenwell-close; Thomas Betts, ivory-turner, No. 18, Ironmonger-row, St. Luke's; John Hawkins, ivory-turner, No. 12, Wenlock-terrace, City-road; and Benjamin Shillingford, greengrocer, No. 1, Lower Smith-street, Northampton-square, deposed to the prisoner's good character; but being examined by the Court, stated they were not acquainted with his handwriting.</p>
<p>
<hi rend="smallCaps">
<persName id="t18450818-name-368" type="witnessName">
<interp inst="t18450818-name-368" type="gender" value="male"/>
<interp inst="t18450818-name-368" type="surname" value="SPEAR"/>
<interp inst="t18450818-name-368" type="given" value="GEORGE"/>GEORGE SPEAR</persName> </hi>. I am a tooth-brush maker, and live at No. 3, White-street, Waterloo-town, Bethnal-green. I have known the prisoner eight or ten years—he has borne the character of an honest respectable man.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Do you know anything of his handwriting?
<hi rend="italic">A.</hi> I have seen his handwriting several times—he has written to me—(
<hi rend="italic">looking at the signature, "William Jones" to the receipt</hi>)—I do not know any character in this representing his handwriting—I do not believe it to be his hand
<lb/>writing—(
<hi rend="italic">looking at the committee-book</hi>)—this looks more like his than the other—it differs from what I have seen in his handwriting—I would rather say it was not his than that it was—(
<hi rend="italic">looking at the bank minute-book</hi>)—this looks a similar hand—I cannot say that either of them are his hand—writing—I have not noticed his handwriting sufficient to say that they are—I cannot say they are not, but I do not think they are—(
<hi rend="italic">again looking at the receipt</hi>)—I do not see anything in this—I should say the others are more like his handwriting than this—I do not see anything to repre
<lb/>sent his handwriting here—his handwriting appeared more clear and smaller—I never noticed his W.'s or J.'s—I cannot recollect his handwriting being like this—this (
<hi rend="italic">the committee-book</hi>) appears more like it—I cannot say whether I believe it is his—this (
<hi rend="italic">the minute-book</hi>) appears to be the same hand—they seem to represent his hand more than the others—I cannot say that they are his handwriting.</p>
<p>
<rs id="t18450818-1625-verdict-1" type="verdictDescription">
<interp inst="t18450818-1625-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18450818-1625-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>—
<hi rend="italic">Strongly recommended to mercy by the Jury.</hi> </rs> </p>
<p>
<hi rend="italic">
<rs id="t18450818-1625-punishment-36" type="punishmentDescription">
<interp inst="t18450818-1625-punishment-36" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-1625-18450818 t18450818-1625-punishment-36"/>Transported for Ten Years</rs>.</hi> </p>
<p>(There was another indictment against the prisoner, and
<hi rend="smallCaps">MR. BALLANTINE</hi> stared that he had obtained the whole fund belonging to the society.)</p> </div1></div0>
</body>
</text>
</TEI.2>