Edwin Francis Hill Forgery Case
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EDWIN FRANCIS HILL, Deception > forgery, 18th November 1867.
Reference Number: t18671118-41 Offence: Deception > forgery Verdict: Guilty > lesser offence Punishment: Imprisonment > penal servitude
41. EDWIN FRANCIS HILL (36) , Feloniously forging and uttering a power of attorney to transfer 100l. Consols, with intent to defraud. See original Click to see original
MESSRS. POLAND and STRAIGHT conducted the Prosecution, and MR. METCALFE the Defence.
EDWARD THOMAS SEALY . I am a solicitor, of 64, Lincoln Inn Fields—I produce a marriage settlement, dated 29th November, 1849—I am the attesting witness to the signatures of all the parties who executed it—it relates to Mary Ann Bartlett's marriage with Edwin Francis Hill—the trustees are Francis Canning Hill and John Gethin Bartlett—it was a settlement of Mary Ann Bartlett's share of a freehold estate, or of her separate portion for life, then to the prisoner, and then to the children—the annual income to her for life, for her separate use during the joint lives of the husband and wife, and after the decease of either of them, to the survivor, and then to the children; and there is a proviso that if Edwin Francis Hill became bankrupt or insolvent, the income shall go to the children; the fund to the children absolutely, in default of appointment by the husband or wife, who have the power of appointment; and in default of appointment, to all the children absolutely—there is a clause stating that there is no power of anticipating, and the wife's receipts are to be shown—it is for her separate receipts, and not in any mode of anticipation—it also says that it shall be lawful for the trustees to advance not more than 300l. on loan to Edwin Francis Hill, at 5l. percent interest, and I have no doubt there is a power to call in the loan—I produce a deed of 1st May, 1851—I am the attesting witness to the signatures of all the parties except Mr. Francis Canning Hill's, which my clerk attested.
COURT. Q. Is there any power to change the trustees? A. Yes, it says, that "It shall be lawful for the said Mary Ann Bartlett and Edwin Francis Hill, if there be no trustee, By deed legally executed, to appoint a trustee in the room of trustees dying or being incapable of acting, and to increase the number of trustees; and the funds shall be vested in the names of the new trustees"—that is executed by the husband and wife, and by John Gethin Bartlett, one of the trustees; I saw them execute it—the father did not execute it.
MR. POLAND. Q. The deed of 1851 appoints Matthew Bartlett trustee, in the room of Mr. Hill? A. Matthew Thomas Bartlett—I am the agent to Messrs. Tucker and Forman, of Chard, solicitors—I received this letter from them, dated 14th August, 1867—I do not know whether it is in the prisoner's writing.
MATTHEW THOMAS BARTLETT . I am a commercial traveller, and live at Merton Cottage, Red Hill—the prisoner married my sister Mary Ann Bartlett in 1849, and in May, 1851, I became one of her trustees under the marriage settlement—my brother, John Gethin Bartlett, was my cotrustee—the prisoner went to Australia with his wife about fifteen years ago, three or four years after the marriage; I am not certain; it was after I became trustee, not before: I make a mistake.
EDWARD THOMAS SEALY (re-examined). This gentleman (Mr. Matthew Thomas Bartlett) became trustee by being appointed in the place of Francis Canning Hill.
MR. POLAND to MATTHEW THOMAS BARTLETT. Q. How soon after you became trustee did they go to Australia? A. Before they were married in 1849; the marriage settlement was drawn out and signed in this country—they did not go at the time of their marriage; both their children were born in this country—I cannot say when the marriage was, I was not present—they went to Australia about four or five years after I became trustee—as trustee, I received dividends, and sent them to my See original Click to see original
sister regularly since October 1865; but since the prisoner has been in this country I gave all the dividends to him, except the last—at the date of her marriage my sister had 500l., but more was drawn out—when the affairs were settled the property was sold, and some money was put into the Bank of England; I cannot recollect the year—I should say that the prisoner came to this country perhaps sixteen months ago, but he was some months before he came to my house—after the property was sold I, and no one else, used to receive the dividends at the Bank of England, except the last—I used to pay them to the Australian Banking Company, Threadneedle Street, to the credit of Mary Ann Hill—after the prisoner came over to this country I paid him three dividends; I drew two and received one afterwards—he signed these three receipts (produced) for them. (These were dated September 9th, 1866, for 19l. 11s.; 16th January, 1867, for 9l. 15s. 6d., both of Matthew Thomas Bartlett; and 24th September, for 9l. 15s. 6d., of John Gethin Bartlett, half-yearly dividends on 662l. 14s. 3d., Consols. Signed E. F. Hill.)
COURT. Q. Did you receive those dividends at the Bank? A. Yes, and the prisoner was with me each time—they are made out in different names, because I refused to draw the last dividend for him, or to have anything more to do with him, and then he went to my brother John, who drew the last dividend for him.
MR. POLAND. Look at that letter of 14th August, 1867; is that in the prisoner's writing? A. Yes. (This was from the prisoner to W. Tucker, Esq.,. dated 14th August, 1867, 14, Camden Road, stating that, as he required 100l., he did not think there could be any objection to 100l. stock being drawn out with Mrs. Hill's consent, on his insuring his life for the amount, so that it could be replaced after his death.) It is full six months ago since the prisoner first spoke to me about selling out 100l. worth of stock—he asked me to do so, and I told him that I could not see it at all—he then wrote to Messrs. Tucker and Forman, of Chard, and had the papers sent there—I also wrote to them to see what could be done, and got this letter from them, which I believe I showed the prisoner, to show him that I could not be made safe—I then received this letter from the prisoner, it is written by him. (This was dated 30th August, 1867, from the prisoner to Mr. M. T. Bartlett, stating that he would come' down to-morrow afternoon and have a chat about drawing out the money.) On 1st September I sent the prisoner this letter. (This was from M. T. Bartlett to the prisoner, stating that he did not see how he could secure himself even by a life policy, and had not had any letter from his sister saying that he could do so.) On the 19th September I received this letter from the prisoner. (This was dated 18th September, 1867, stating, "Polly is extremely anxious to know what has been done about the 100l., and, as I am anxious to tell her by the next mail that leaves, will you instruct Mr. Tucker what has been done? It is really very hard of you to keep us so long in suspense.") On the 19th I received this letter from the prisoner. (This acknowledged a letter from witness, and expressed surprise at his request to inspect the private letters of the prisoner and his wife.) On 23rd September I wrote this letter to the prisoner:—"Dear Hill,—I must decline doing anything as regards the 100l., not being able in any way to be secured. I have enclosed Polly's authority, and if you like to go to the expense of appointing another trustee in my place I shall be glad by your giving me a proper release." This is the paper I enclosed in that letter—the prisoner never showed me any letter from my sister relating to this authority—in October I received a letter from the Bank of England, dated the 9th—in consequence of that See original Click to see original
I went to the Bank on the Saturday after; I was out on my journey at the time it came—I returned on the Saturday, and then went to the Bank, where I was shown this power of attorney. (This was dated 28th May, 1867, and purported to be an authority from Mary Ann, the wife of Francis Hill, to the trustees, to lend to him 100l. out of the money standing in the names of the said trustees in the books of the Bank of England, upon his effecting an assurance on his life for 100l. and depositing the policy with the trustees; it was signed Mary Ann Hill, and witnessed by John Deering, Little Cremorne Street.) Until I saw that power of attorney at the Bank of England I was not at all aware of its existence—this signature, "Matthew Thomas Bartlett," is not my handwriting; it is a good imitation, but it is not the character, the flourish is not quite correct; it has no doubt been copied from a letter or something of that sort—I never gave the prisoner, or any one, authority to sign that document—I never consented to the sale of 100l., a portion of my sister's stock—I have lived at Red Hill sixteen years, and never knew such a man as Henry Smith, a gardener, Station Road, Red Hill, who appears as the attesting witness—the prisoner never told me what he intended to do with the 100l.
Cross-examined. Q. When you received the dividends at the Bank, did you give a receipt? A. I signed the book for myself and brother—I was the receiver, there was no written authority from my brother that I should sign the Bank-books—we are joint trustees, and I signed—I wrote my own name, not for "self and brother"—I am quite sure of that—my brother received the last dividend—I bad not seen him for two years before this affair was found out—I had not written to him or received letters from him—there was no cause of quarrel between us that I am aware of—I do not know that the prisoner has raised money and sent it out to his wife.
JOHN GETHIN BARTLETT . I keep the Hare and Hounds public-house. North Woolwich Road—the prisoner married my sister—I am one of the trustees under the marriage settlement—they were married in 1849, and went to Australia about February, 1851, I think—about September, 1866, I saw the prisoner, when he returned from Melbourne—I did not see him again till the following September, it may hate been the latter end of August or the beginning of September, I don't know which—he then asked me if I should have any objection to the transfer of 100l. stock—he said he wanted to send it to my sister to bring her home from Melbourne—I said I had no objection to it, provided my brother consented—he said he should see my brother and get his consent—he dictated a letter for me to write to my brother—I have more than one brother, but that is the only one that I ever see—Matthew Thomas is my co-trustee—this is the letter I wrote at the prisoner's dictation: "28th August, 1867. Dear Matthew,—Hill has called on me to-day and shown me a letter from Mr. William Tucker to you of the 28th instant, and I really do not see any objection to the 100l. being advanced, provided Hill insures his life, as I think that Mary Ann and Hill are sufficiently honest to be relied on for the due payment of the premiums on the policy of insurance. I feel sure Mary Ann will act up to whatever she agrees to, and will not repudiate the authority she has signed." About the beginning of October or November the prisoner told me that he had got my brother's consent—he said he would go to the Bank of England and get a power of attorney to transfer the stock—he said he was going to send 75l. to Australia to bring his wife home, and hoped to see her sitting in her own chair in February See original Click to see original
or March next in her own home comfortable and happy—I afterwards received this power of attorney by post—it was not then signed in any way—I think I received it on the 10th October—I saw the prisoner that day, he called on me directly after I had received it—I showed it to him, and he pointed out to me where to sign my name on it—he said we must have a witness, and my wife spoke to Mr. Turvey about it—I was not present at the time; I believe he gave his consent—I signed it first—this is where I signed it, on the back—the prisoner was present when I did it—my wife wrote the name of Turvey as the witness, that was at the same time when the prisoner was present—she signed it because Mr. Turvey could not write—he wished her to do it—he was not present at the time, he was away on his business—the prisoner asked him to do it—he said she would do as well as any one else—after my wife had signed it the prisoner took it away with him, put it in an envelope, and wished me good morning, and said he was going to Bed Hill with it—before that he had asked me to sign the power of attorney for my brother—I declined to do it—he said, "If I was to sign it for Mat, he would be down on me like a thousand of bricks"—his words were, "If you sign it, it won't matter at all, for Mat signs your name in the bank books; but if I was to sign this for Mat, he would be down on me like a thousand of bricks"—he came to me again on the following afternoon, the 11th, about three or four o'clock, and asked me to get ready to go in the morning at twelve o'clock to go to the stockbroker's and draw the money—he said he had been to Red Hill and got it signed—he said the power of attorney was at Irving and Slades, in Copthall Court—he said he should have to pay extra money if he drew it on Saturday or Monday—I told him I thought he had better leave it for a few days, and save the money—he said no, he wished to get it particularly, so that he could send it off by the next post to Melbourne—I got ready next day, and he called for me—we went to the stockbrokers, Irving and Slade, and one of the gentlemen went with us to the Bank of Engand—I first went to Messrs. Grossmith's, perfumers, in Newgate Street, to be identified—when I went to the Bank of England I signed a book there, and Mr. Irving gave the prisoner a cheque—this produced is the transfer I signed. (This was a transfer of 100l. stock to Henry Edward Swift by John Gethin Bartlett for himself and as attorney for Matthew Thomas Bartlet.) After the prisoner had got the cheque I went with him to a bank in Lombard Street, I think it was Glyn's—he went in there, and came out and joined me, and we went in the train to North Woolwich—he there gave me two 51. notes, and I gave them to my wife the same evening; but I must tell you that I received those notes in part payment of an old debt contracted in 1850—I first saw this power of attorney purporting to be signed by my brother when I was in the Bank of England—the prisoner showed me his wife's authority the day he drew the money; he gave it to me; I mean the day we went to the Bank—he did not show me any letter from his wife relating to it—I should know the prisoner's handwriting, if I saw it—this attestation is his writing.
Cross-examined. Q. Had your brother Matthew handed over the prisoner's matters to you? A. Yes, so the prisoner told me, that is all I know—I received the spring dividends, and paid them to the prisoner—those were the first I ever received—I don't think that my brother and I write very much alike—I never noticed it—this "Matthew Bartlett" to the power of attorney certainly looks very much like his writing—it is not a bit like mine—the prisoner said if I signed my brother's name he would See original Click to see original
say nothing—I said he would object—I did not say that my brother had signed for me when he drew out the dividends, and that I could sign for him when I drew them out—the prisoner said that Mat had signed for me, and he did not see why I should not sign for him—Mr. Turvey is a grocer—my wife saw him that very morning, I did not, I was ill—I have known him ever since I have been in that house, but I never spoke to him on this business—I am not aware that I said before the Magistrate that I had asked Turvey to witness it, and that he authorised me to sign it for him—it ought to have been that my wife asked him, and that he authorised her—that is a mistake—I never did ask him—if I said so, it must have been false—when the power of attorney came to me it was not filled up—there was not a mark on it, only the printing, there was no writing—I am quite sure of that—I don't know who filled it up—there was no writing on it when I signed it, nothing but the printing; I am quite certain of that—I don't know who filled in the date at the back—the 10th October is my writing—I wrote that at the same time as my name, altogether—I did not fill up the front, that is not my writing—I mean to say that when it came to me by post there was no writing on it at all—as soon as my name was written, and Mr. Turvey's name was written, the prisoner took it away with him—I did not write to my brother about this, or make any inquiries of him—I believed what Hill said to be correct—he said he would go that afternoon and get it done—he came back next day, Friday—I did not insist on having 10l. before I wrote my name—I was to receive 10l. in part payment of a old debt—the prisoner never offered me the money till after he had received it from the Bank, not a word dropped about it before then—I reminded him several times that he owed me the money; not at the time I wrote my name, I never said a word about it then—the old debt is not contained in any book—my books are gone and lost many years ago—it was for wine and spirits delivered, and a bill of exchange—I don't know whether the prisoner had previously sent money to his wife—I had expressed a wish to have my sister over—I was anxious to see her living in England—I was to have the policy the day after he drew the money—he spoke about it about a week before the money was drawn—he showed me a letter on the Thursday morning, stating that they had accepted his life—it had been suggested a week before that the policy should be given to me—I agreed to that—the amount of it was 100l.—I understood that was to insure the repayment of this 100l.—I did not say to him, "Mind and send me the policy as soon as you can get it, and then if Mat kicks up a row I can show him what I have got and make it all right with him"—I never said such a word, and never dreamt such a thing—I never said a word about making it all right, or any thing else—I told him to let me have the policy as soon as it could possibly be got ready; but I never said such a thing as that—I did not communicate with my brother Matthew at all—he came and called on me—that was after the Bank had found this matter out—he was very angry indeed with me—I was certainly afraid at first that the Bank were going to prosecute me, because I could not understand it—I never was in such a thing before—I am not aware that they found fault with me for signing Turvey's name; I have not heard anything about it—I told my brother that I had signed Turvey's name, when he came to me on the following Saturday after the money was drawn.
MR. POLAND. Q. Do you know anything about Henry Smith, whose name is down as an attesting witness? A. No; I never signed my brother's name in my life—I had not the paper in my possession more than See original Click to see original
an hour—the prisoner did not read it through at all, and I had not time to read it through—he was in such a hurry to get it back.
COURT. Q. When the prisoner gave you the two 5l. notes on the Saturday, did you ask him where he got the money from? A. No, I did not—he told me had sufficient without that to send to my sister, he had 75l.
Q. When you went to the brokers in Copthall Court, and when you went to the Bank and signed the transfer, did you believe the assumed signature on the power of attorney of your brother to be his real signature? A. I believed it was.
ELIZABETH BARTLETT . I am the wife of John Gethin Bartlett—I remember his receiving a power of attorney—I cannot remember the date, but Thursday, to the best of my knowledge—I saw the prisoner on that day—I was in and out of the bar parlour all the time he was there—when this paper came by post ray husband looked at it and told me it would have to be witnessed—I cannot remember all that was said, as I never expected to hear any more about it—I said to the prisoner, "Mr. Turvey has agreed to be the witness;" as near as I can remember, he asked who Mr. Turvey was, and I told him a grocer—I had spoken to Mr. Turvey in consequence of a communication between me and my husband—when the prisoner came the prisoner asked me if Mr. Turvey was handy—I said that I knew; he was not, for he had gone up the road with his cart—he said, "He will have to sign his name"—I said, "He cannot do that, for he cannot write"—the prisoner said that it was only a form, and if I put Mr. Turvey's name that would do just as well as sending it to his house—I, then put Mr. Turvey's name on the paper as a witness—this, "William Turvey,† grocer, 24, Custom House Terrace, North Woolwich Road," is my writing—the prisoner said that he was going to Red Hill to get it signed by my husband's brother—I do not remember any other signature—my husband wrote his name first, and I wrote this afterwards, and after the prisoner had had some refreshment he put the paper in his pocket and went away with it—the prisoner tried to induce my husband to sign his brother's name here, and said that, as he had signed in the Bank books, there would be no more harm in his doing so—he did not do so—it was after that that he said he would take it to Red Hill—I did not read the power—I do not know what is in it even now—I remember the Saturday when my husband came from London with the prisoner—he was not there very long—on the same evening my husband gave him two 5l. Bank of England notes—I went to Stratford the same evening and paid them to Mr. Elphick.
Cross-examined. Q. When did you see Mr. Matthew after that? A. Not till I saw him the other day—I do not remember that he was angry: I am very angry now to be placed in such a position—I was not very much afraid my husband was going to be prosecuted, because I knew he had done no wrong—he did not tell me that he was afraid, or that he expected to be prosecuted—Mr. Matthew did not appear angry to me, but I had never seen him before in ray life; we never invited him to the wedding and I never saw him, but he has behaved very kind to my husband—I saw him when he came in, but do not know that he was angry—I was—I wrote the name of Turvey at Mr. Hill's instigation—he is an educated man, and I am not educated at all—I did not think it wrong to write another person's name—I believe Mr. Turvey is here; my husband did not see him—he does not get up so early in the morning, and Turvey was out with his cart in the next street when I went to look for him—I did not know any other respectable man who was a householder—I just glanced at the paper, but did not read See original Click to see original
any part of it; my husband did not tell me anything—he looked at it and said, "This paper will have to be witnessed"—I did not think any fraud was contemplated—I only wrote in one place—I believe this John Gethin Bartlett, on the other side, to be my husband's writing, it looks very much like it—I did not write this "Henry Smith," and do not know anything about it; I have not seen it before, and if you look at that William Turvey, you will see that this is not my writing—I can read—I do not know whose writing this Matthew Thomas Bartlett is, I am sure it is not my husband's, because it was not on the paper when it went from our house—I have nothing to do with the other signatures, they were not on the paper when it left our house—this is certainly not my husband's writing—I am sure this Smith is not my writing, I think Mr. Hill has placed us all in this position—I was not called before the Magistrate and should not have come had I not been subpoenaed—ray evidence was not taken in writing before a Magistrate, only at Mr. Freshfield's office a week or a fortnight ago—I did not take particular notice of the date—they wrote to me to come up to their office, and I went—it is rather over a week I think since I was subpoenaed—I did not read this paper over—my husband did not tell me to ask Turvey for his authority, but Mr. Hill did—I had asked Turvey's permission, but Mr. Hill told me where to sign Mr. Turvey's name—it was my husband who told me to ask Mr. Turvey, not Mr. Hill.
MR. POLAND. Q. Just look at that paper; turn it over? A. That is what I wrote—I see my husband's signature here; he wrote his signature first—I only saw him write once, he only wrote his own name—no part of this document is my husband's writing but his name.
COURT. Q. On one side and on the other? A. His name is on both sides; I do not remember that he wrote more than once, but I was not in the room the whole of the time; he wrote this when I came into the barparlour, and I wrote afterwards; but there is his name twice on the paper—these words "Wm. Turvey, Grocer," which are struck out, are in my writing.
HENRY JOHN SLADE . I am a member of the firm of Irving and Slade, stockbrokers, of Copthall Court, Throgmorton Street—I first saw the prisoner at the end of September, between the 24th and the 27th—I heard a person talking to a clerk in the outer office—I saw him, and he said that he required a power of attorney—he spoke about transferring stock which stood in two names; I said that it would be necessary for the persons in whose name the stock stood to attend at the Bank of England, or to give a power of attorney—he called again on or about 30th September, and I received his instructions for a power of attorney, took them down in writing, and he signed them; this is the paper I wrote. (This was an instruction for a power of attorney to sell 100l. stock, from 662l. 12s. 3d.—Signed E. T. Hill, 48, Camden Road.) The course of business was to prepare a ticket of instructions from the prisoner—a ticket was prepared, the body, of which was written by me, in answer to questions I put to him—some difficulty arose in consequence of the ticket of instructions not being prepared by me, and a fresh ticket was prepared and left at the Bank—after that I took no further steps, as Mr. Irving had returned to London—on Friday, 11th October, the prisoner come to my office, and handed me this power of attorney, executed and witnessed precisely as it is now—he said that he had taken it down to Red Hill, and got it signed the night before—a conversation took place about making an appointment for Saturday—I said Saturdays and Mondays were private transfer days, and it would be See original Click to see original
necessary to pay an extra fee—I believe he said that it was of no importance, or that there was no hurry for the money—I said that, as we were not acquainted with Mr. John Gethin Bartlett, it would be necessary that he should be identified by some one we knew, or by some respectable person in the City; he said that that would not be difficult, as Mr. Bartlett had lived in the City ten or eleven years, and an appointment was made for Saturday—he came on the Saturday, and said, "I have Mr. Bartlett outside in a cab; you said that it would be necessary to have him identified; can you or one of your firm go with me to Newgate Street to have him identified?"—I said, "I dare say my partner will go; he is out on business," and the prisoner stayed till Mr. Irving returned—while he was waiting I put forward the ticket to the Bank of England, and instructed them to make the transfer; they made no objection—I went to the Bank, and saw the purchase of the stock, and the sale was concluded—I drew this cheque (produced) and handed it to Mr. Irving.
COURT. Q. Did you receive the cheque from Mr. Swift? A. No; it is the course of business to pay all the clients first, and deliver all the receipts at the end of the day—I expected payment from Mir. Swift, and paid the prisoner on his credit.
Cross-examined. Q. Were you examined before the police-court? A. No; I have not been examined before to-day—Messrs. Freshfield attended at our office and took down my evidence a week or ten days ago.
JAMES CORBETT IRVING . I am Mr. Slade's partner—I returned to town on 3rd October, and saw the prisoner on the 4th I believe—there was some question about the description in the Bank books; he gave me a wrong description, and I told him I could not find the account—I received back the ticket of instructions when he called on the 4th, 6th, or 7th, and told him that the description differed in the Bank books, and he must give me a different description; he did so, he brought it written on the back of a letter, which he handed to me, and I forwarded it to the Bank of England, and afterwards received it back again—two or three applications were made to the Bank—they returned it twice.
COURT. Q. Is there an office at the Bank of England called the Power of Attorney Office? A. Yes, you apply there for what power of attorney you want; if there is no stock standing in the name of the person there is no power granted, but if there is the Bank keeps the instructions.
MR. STRAIGHT. Q. Do you recollect Wednesday, 9th October? A. Yes, on that day I prepared this fresh ticket of instructions (produced) from information I procured from Mr. Hill—it is my writing—this ticket was sent to the Bank of England in the ordinary way—the prisoner called on me on 10th October, the day following the day that the ticket was sent to the Bank—he asked me if I had obtained the power—I said, "Well, I will go over to the Bank and see if it is ready"—I went over, brought it back, and said, "I have obtained it"—he said that he could take it and get it signed, but we said that we would rather send it by post—the body was filled up when I obtained it at the Bank, but not the signatures—it went the same afternoon to Mr. John Gethin Bartlett, about five o'clock—I do not think I saw it again—on Friday, the 11th, my partner saw it—I saw it on Saturday, the 12th—it was sent over to the Bank of England for inspecttion—the prisoner called about twelve o'clock that day—I said that it was necessary to have some person to identify him, and we went to Mr. Grossmith who identified John Gethin Bartlett to me, and then we returned to the Bank of England and John Gethin Bartlett made the transfer—I See original Click to see original
saw him sign his name—this (produced) is his signature, to the best of my belief—it was not my duty to witness the signature, only to identify him—there is no question about it being his signature—Mr. Slade then handed the prisoner this cheque for 92l. odd—we always have our cheques printed crossed—the prisoner asked me to make it "Pay cash," and I did so—I was examined before the Magistrate.
Cross-examined. Q. Supposing the two Bartletts had signed the power of attorney to the prisoner, would that have been sufficient? A. Yes; we either want a warrant or a personal attendance.
MR. POLAND. Q. I suppose the only person who would attend would be the prisoner? A. The attorney would be the person who would attend, and if he is identified that is enough—it might have been a power signed by the two Bartletts to the prisoner.
COURT. Q. Is it partly printed and partly written? A. Yes, the particulars are introduced into the body of it by the Bank clerk; we know the names of the parties, and require to see that their residences agree with the Bank books, and then we send it for execution—I believe the Bank sometimes grant a power in blank for the amount, but I am not quite clear on that point—I believe the Bank always issue their own forms—I believe they are printed for the Bank—the use of a power of attorney is to identify the account—we send in an application called instructions, and if the description in the Bank books does not vary, they immediately return the instructions—if there is a doubt they apply to Messrs. Freshfield, but I do not think they issue them entirely in blank; the attorney's name would be in blank, but the name of the person and the stock never is—when a power of attorney is given out and sent into the country, I am perfectly convinced that the head part is filled up, because we always make an entry in our books before we send a power away—the date would be left blank till the person signs it—the name of the person "John Gethin Bartlett" is filled in in the middle—the name of the attorney is left blank, it is filled up now—if not correctly described in the Bank books they would not issue the power.
ROBERT GEORGE VESEY . I am a clerk in the Power of Attorney Office, Bank of England—I filled up the power of attorney produced on the 9th October, 1867—the name of "John Gethin Bartlett" on the face of it was written by me—I filled up all the writing, with the exception of the signatures and the date—I did not fill up anything on the other side except the date in the corner.
WILLIAM SNELGROVE . I am a clerk in the Consolidated Three per Cent Office, Bank of England—I was there when the stockbroker attended with John Gethin Bartlett, and signed the attestation as it now appears to his signature—it was attested "William Turvey, grocer"—I struck that out and the date also, because it was intended to be attested by me—I am the transfer clerk, and it is my duty to attest the demand to act—I asked Mr. Bartlett if it was his signature—he said it was, and I then struck out the name of Turvey, and wrote my own name above—I also altered the date so as to make it apply to the date of the attestation—these forms are printed in the Bank of England—a person can make out his own power if he pleases—they are brought to the Bank to be examined.
FREDERICK HENRY BOVIL CATTIE . I am a clerk in the Consolidated Three per Cent. Office, Bank of England—on 13th October, 1858, there was posted in the Bank ledger an entry relating to 662l. 14s. 13d.—I have an extract from the Bank ledger, which I have examined—it remained See original Click to see original
entered in that way in the Bank books up to the time this transfer was made on the 12th October.
Ross. This cheque for 92l. was presented over the counter on the 12th October, and paid by me in sixteen bank-notes and 12l. 8s. in money.
HENRY WEBB (Police Sergeant). I apprehended the prisoner on the 22nd October at 48, Camden Road—I read the warrant to him and charged him with forging a power of attorney, transferring 100l. worth of stock standing in the names of Mr. Matthew Thomas Bartlett and John Gethin Bartlett—he said, "Who says it is a forgery?"—I said, "Mr. Bartlett"—I believe I said Mr. Matthew Bartlett, but I am not positive upon that—I also said, "Mr. Matthew Bartlett says that the attesting witness, Henry Smith, to the power of attorney, is a forgery as well"—he said, "Oh, that is nothing what he says; have you seen Mr. John Gethin Bartlett?"—I said, "Yes, I have"—he said, "What does he say?"—I said, "He says it is a forgery as well; he has seen his brother, and he likewise says it is a forgery"—he said, "Suppose it is a forgery, they lose nothing by it; it is my own property"—I found these two letters of the 1st and 23rd September, which have been read, in a box at his lodgings—I took him to the station, searched him, and found 3d. in money and a knife—I have since been to Red Hill, and made inquiries in the Station Road, endeavouring to find out Henry Smith, the attesting witness to this document—there is no such person residing there.
Cross-examined. Q. When you told him what John Gethin Bartlett had said, did not he say, "That's a lie?" A. Yes—he afterwards said, even if it was a forgery, it was his own property.
GUILTY of uttering. — Five Years' Penal Servitude.
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