Chester City-Court, Satur...
.jayncJ newetOurV', a gentlemanly-looking youth, aged 19 was placed at the bar, charged with having feloniously forged and published as true, a certain order or check for the payment of 251. on the 3d of Augusst, 1I24, purporting to be drawn by Jonathan and Wm. Catherall with intent ta defraud Mlessrs. OwenWilliams, Hugh Rlobert Hug?tes, and George Brydgec (Granville, bankers in Chester, against the form of the statute. From the respectability of the young man, the case excited considerable interest, and the court was exceedingly crowdcil from an early hour. His grandfather swas Mayor and father Sheril} of Chester. He was genteelly dressed MIr. HILL, the Attorney-General, stated the case for the prose- cution. Air. Henry Lord, examined by Alr. Co0nETT.-I am clerk in the bank of Messrs. Williains and Co., in this city, and was so on the 2d of August last. The firn is coniDosed of Owen Williams, Hugh Robert Hughes, and George Brydges Granville. Kinew J. and W. Catberall. They keep cash atMlessrs.Williarxs' bank, and did so on the 2d of August last. I saw thc prisoner at the bar on that day in the bank, about two o'clock in the afternoon. When- he came into the bank, he presented a check foi 251. IThe check was here hlnded to the witness.] It was the same chece presented by the prisoner. I did not pay the money; I gave it to Alr. Ro- berts, another clerk in the bank. I then' went out to seek for a constatble. The constable, I believe, went to the bank before me, and the prisoner was detained in custody. Cross-examined by Mr. VENABLEs.-I have been 18 years in the bank, and no persons but those I memioned have an interest in the bank. There were threce others-myself, Mlr. Hughes, and Mr. Roberts, in the bank, besides the prisoner. When *the prisoner came in, he first addressed himnself to Mir. Roberts. I was near Mr. Roberts, but I cannot say that I distinctly heard svhat passed between him and the prisoner. There was no payment demanded from the check in sny presence. I do not tlink he asked pay. ment for the check. The check was given to me by M1r. Ro. benrs. The prisoner remained in the bank all the time I wvas there, and made no attempt to cscape. The clerks were at one side of the counter, and he at the other, with the door behind him,and heceuld have got out if lie pleased, but he made no attempt to escape. Robert Roberts, examined by lMr. HILL.-I am clerk in the bank of Messrs. Willrans and Co., Was there on the2d of August last. Saw the prisoner there on that day. When he came in he presented a check to me. tThe check being handed to him) This wan the check presented tome. He handed it across the counter to me, without saying any thing. 1 showed the check to Air. Lord, another clerk, who was standing by. Mr. Lord went out, and I then turned to the prisoner, and told him there had been some irre- gularity about Mr. Catherall's checks, and therefore it was neces- sary to shtew them to some person before they were paid, and to whom MIr. Lord bad gone. I then asked himn if his name was John Jones, and he said it was. I asked hIm when lie had the check from IMr. CatheraU ? He said he had it the night before, Sunday, when Alr. Catherall came out of chapel. On ]onday the prisoner was at the bank. He then said, I know Mr. Lord. I know yoa have seen one with Nr. Catherall in Crane-street. You live on tie right hand side going down, and your name is Edwards. 7 cor- rected him, and said my name was Roberts. ilr. H ughes was there at the time, standing behind the eosnser. AMr. Hughes went round to the door when lMIr. ILord went out. No money was paid foz the ch ecl- I tink J obs,eryved t,o t0hepi~oZsc thIat I check was dated Ctralla kept cash at the bank. T1e baia count therce. MVr. TEaCPLE objected to this evidence, as there was no allegation in the indictnment that thie Catheralls had cash or kept an account at the bank ;but the objection wa,s overruled by the REcoRtDER. The chceck wva hare put in and read. It wav rwntu- " Messrs Willfaams and Co., please to pay JohnJoe fv-ad twenty pounids, for J. and IV Catlherall -Chester, 2d Aug. 182-4."' Cross4-exam-ined by dir. TE21 .PL..-Wihcn the young mnan came in, he nierely presenited a paper. I paid no money. J, handecl the paper for exaimination to Air. Lord. He did not say that he did niet comc for the purpose of having the papear examnined. For ought I know, he camne for that purpose While I wus there he did not at- tempt to go away. He vwag Mistaken in rony name, lRe saidI his own name was Johin Jones. lHe also said he knew Air. Lord, anad that withi the conviction that we were there to confute hind. It is not an) uncommnon thing for a person not a good writer to get another to preparea check forhilm. I have kn-own checks prepared and signed by the agents of the party. A chieck drawn by an agent wouild be prepared like this, "1Please to pay John Jones, for J. and W. Ca. rherall," and it wouldi then be signed by~ the agent. It would be no order or check till signe by the agent. Till then it would be waste papar. I know tlisa two Catheralls. If eithier of the Mlr. Cathieralls hiad drawn a check to be signed by the agent, it would be exactly like this; and before being signed, lie mighlthave given it to aniy person he pleasedl. Checks are usually madle payable to A. B., or bearer. When a check is to be signed by an agent, the wordt " for" is put to maLke sense Of it. Re.examninedi by Mr. HILL.-.I can't say that Ineversaw acebek drawn in this formi when signed by the party himself. I can't judge that this check from its form, must have been drawn by an agent. Diffbrent peoplechave very dilferent modes of drawingchiecks. Ama sure he told me his namne was John Jones.I Williamn Edwards, examinedby Air. COans.r-TT.-.Am clerk in the bank of Alesgrs. Williams and Co. Was at thje bank on the 2d of August last, and saw the prisoner there. I asked him hlis name, and lie said it was Dewesbury. I cani't say r knew him be. for. r. Roberts handed roei a smnall piece of paver,syn,ta hiesaid his name was Jones. I saw the oider now jirdcel u my name on it, and so did Air. Roberts. This was tecekoe sented at the bank. I asked the prisoner where he gti,adh said he had it from Mvr. Catherall, of Buckley, ony~esterday even. ting, sfter comning out of chiapel. I said I thought it was strange that he should receive it on Sunday, when it bore date on IMonday. I asked Iiim who John Jones was, He sai(d it was John Jones ofl Carrigydruon, and that he dealt in crockeryware. I asked him when he saw John Jones last. He said on Thursday last. lie went oii to state that he hiad sold John Jones a horse, and thr.t he desired hiin to call on Mlessrs Catlierall for this check. He was then t-aken to the Town-hall and searched, in mny pre.sence. Slips of paper (here produced) were found upon bim. Thley were blank chiecks. Cross-examined by 1r.VrXAB3LES.-- know an instrument to be valid, would not be rlated-on Sunday, and this paper is dated onl Afonlday. Jonathian anti WVilliam Catherall were ealled on their recognizances of 2001. eachi; but not appearing, they were estreated. Thomas Edwards examiined.-..I atm also clerk in the banik of Messrs. Williams. I knowv the hand-writing of Jonathan Catherall. The check is notin his hand-writing. I dou'tknowchehand-wriiing of Win. Catherall. Cross.examnineil...Jonathan Catherall lives about nine miles fromn Chester, at Buckley Mlountaini. I am not aware that there are aniy of that'nanie in that neighbourhood. The innkeeper 'at Mlolds3 name is Catherall. Have a great number of persons doing busines at our bank. I serve at the counter. Cani't take upon me to state the names of all who keep accounts at the bank. I hiave no recol- lection now of all the nanies withiout reference to my, hooks. I have seeni Mlr. Jonathan Catherall vwrit often inL the bank. Can safely swear to his hand-writing, aud thisypaper is not his hand-writing. J. stands for John, and Jonathan, and James. Have been at B3uckley Alountain. Never saw Iimn write his name at full length. I hare seen it in the firm writteni John. Re-examined....Have no account with any other persona of the namie of Catherall. Know no other Jonathan Catherall but the gentleman resimling at Buckley Mlountain. .By Mlr. TEzsn'r.....The banik is often in a&rance with those who keep) accounts there. If the person have no money there, it is op.. tional with the bank to pay his orders or not. if he~ ha've money there, the bank is bound to pay the order. By Alr. IfI Lr..We advance only to those whio have gooa credit ut the bank. MIr. William Roberts examined.-! know the Mfessrs. Catherall wvell. Am a solicitor in this town. Know Air. Jonathan Catherall's hand-writinig extrem'ely well. I don't believe the p resent checkc to be in the hand-writing of Air. Jonathain Catherall Don't know Mr. WV. Catherall's hand-writing so well. Have corresponded with hiim on profecssional business, and have seen himu frequently, on the subjectsi contained In his letters. In that way I kiiowv his hanid. writing, and this chieck does not bear the smallest resemblance to his hiand-writing. In a particular part I can perceive a faiiit attemnpt at imnitation. Cross-.examined....Any body acquiainted with the hanid.writing of Mlessrs. Catherall would not be deceived by this check. 1 certainly should not be deceived by it. John Rowland examined.-..Am a clerk to AMessrm Rtigbv and Handcock. Have been in the habit of transacting busine-sswith the Catheralls. It ismany yeasesaincelIsaw them write. I hiave cor- responded wvithi theri, but had no conversation with them on the subject of those letters. Could not swiear to their hand-writing. Edward Fawkes examined.-Am clerk to the Messrs. Catherall, at Buckley. Have seen Air. Jonathan Catherall write, but can't say any thing to his hand-writing. I have cashed several checks for themn. Ain a shopkeeper in a smnall wiay. The CoURIT liere obsterved that this secondary evidence was given under very extraordinary circumstances.-(This wais in allu- siOnl to ?hec absence of the ,Messrs. Catherall.) Ex-amination re3timed.-It is posible th at szome person might take it for Mlr. Jonathan CatherAll's hand-writing, but I would nut takce it as hiii. I would niot cash it. I swear I don't know that he might not have written it, thtough I have mny suspiions.- (TU6)te- luctance of this witness in the direct examinaation in giving hils teati-. nmony was such, that AiNr. Hill began to cross-examine him. The Counsel for the defence objected to this whien Mir. Hill observed, you see the chiaracter of the prisoner, anJ the absence of the Cothe. rails.) This was the "ase for the prosecution. The prisoner, on. beinig asked what he had to say in hiis defence, replied that he would leave all to his counsel. iilr. TEsrsPLE observed, thiat the natuire of the defence was s'Ach, as would make it prudenL that all boys and females should leave the Court. The females were so relitctant on leavingz the Court, thiat the Crier was at length obliged te exclatim.-... let all tthe modest Women go ourt of Court." They hurriedI out in an insitant. Air. Williams examined.-...Was emrployed by his mother as attor- neY for the prisoner. I calltd on the prisoner at tilegaol, anid copied a statemient, whichi I took down in pencil, of -what, the priboner toI3 ine. (The statemnent was here produced. The copy -was the same' as the statement.) I delivered ths paper to MVr. Peter Dewesbary, the brother of the prisoner. [A private coRversaktion here took placeebetween the counsel. -o the prosecution, the prisoner, and the Recorder, upon the subject of this paper, in order to avoid a public disclosure. This statemnent, it is supsposed, contained an accoitnt of the...4rcumstances tinder which tile order wa given to the prisoner4 " Al1r. Peter Dewesbury examined....I received this paper from Mlr. Williamns, the last witness. In conseqluence of this paper, I waited on Mr. Jonathan Cathierall last Saturday. Mr. Jonathan Catherall keeps a chiapel at Buckley, and pays a minster for offilciating for hiin. Aily brother was in thie habit of visiting him, wvhen) at Ailr. Rit. son's school at Mfold. I showed him the paper, and read it all to hiim but the la-it paragraph.] A discussion here took place as to the admissibility of testimonY relatiog to what Mr. Catherall tolid they6witess at this Interview ahbotit the check. Mlr. HILL objected to testimony of what Catherall said, when Ca-I therall mnight have been lhere himiself. The object of the testimony was to show that (Jatherall authiorized the prisoner to draw this check. Mlr. VENAn3LES and Mlr.Tp'rESIP contendedl, on the other hiand, that the admnission of Catherall to Mfr. Peter Dewesbury was adnlts. sible as evidlence. If they could prove that Catherall admitted giving an authtority to the prisoner to Issue this instrumient, there was an endI to the charge. Hlow couild they bet ter prove it th an by an ad. mission froim Catherahl's own mouth, whien Catherall, in coistenipt ofI the law did not mgake his appearance here ? The Learned R'EcoRDEiR decidled against the admnissibility of the eviden-ce as hearsay, but was willing to reserve the poinit for the con- sideration of the dofurts above. In consequence of this decision, the statement above alluded to was not admitted as evidence. Mlr. Rittson examined.-I keep) a school near Mold. The pri- soner was a pupil at my sichoot wvithin these two years. Re wait at my schiool twelve months. Hio used to go to Mtr. CathcetlaI1%howse, anid sleep there on Saturday nights. His character for honesty was Very good, as far as I lieard any thing of him. He Is now an ap- pren tic tona Surgeon at Hanmer. The case fbr the defence closed here. The lecarned RECORDER then summed up, and before going through the evidence, observed, that if they were of opinion that the case of the prisoner was at all prejudliced by thle absence of the diessrs. Catlherall, they would give htim the fuli benefit of that opi- nion, as thecir absence was in no way attributable to him. They ouzl't not to find the prisoner guilty, unless they, were f'ully con- vlinced thzat this instrumietit was a forgery and, in the absence of thle Catheralls, whio could have at once remnoved all doubt, he waB boundI to tell them that he did, not think thle evidence of the forgery conivincing, but it was for them- to dec-ide. The Jury immediately eeargitted the prisoner. The annofuncement of this verdict was received with plaudits by the audience, whio were chidfly, of the lower classes. The Catheralls are very wealthy pottery manufacturers, and have been always con- sideredl as very respectable Men. CHESTER CITY-COURT, SATUItDAY. SEPT. 4. CRI1MINAL SIDE.