HENRY FAUNTLEROY, DECEPTION : FORGERY, 28TH OCTOBER, 1824.

The Proceedings of the Old Bailey Ref: t18241028-97

London Case, First Jury,

Before Mr. Justice Park.

1350. HENRY FAUNTLEROY was indicted for that he, on the 1st of June, 1815, feloniously did falsley make, forge, and counterfeit, and cause and procure to be falsely made, forged, and counterfeited, and willingly act and assist in the false making, forging, and counterfeiting a certain transfer of a certain interest and share, to wit, 5000 l. 3 per cent. Annuities, standing in the name of Frances Young , of, and in certain Annuities established and made transferrable at the Bank of England, by certain Acts of Parliament, (the title of the first of which was set out, together with a copy of the said forged transfer,) with intent to defraud the Governor and Company of the Bank of England .

2d COUNT, for uttering and publishing the same as true - be (the prisoner) well knowing it to be forged and counterfeited, with the like intention.

3d and 4th COUNTS, the same as the two former, only refering to the Acts of Parliament mentioned in the first count, and stating the felony to have been committed with intent to defraud the said Frances Young .

5th and 6th COUNTS, the same as the 3d and 4th, only stating the prisoner's intent to be to defraud one William Flower , to whom the said stock was transferred by the said forged transfer.

7th, 8th, 9th, 10th, 11th, and 12th COUNTS, Similar to the first six, differing only in not stating the interest to be in Frances Young .

12 other COUNTS similar in form to the twelve first, except that instead of stating the title of the Act of Parliament, by which the funds are created; they only refer to the funds as established by force of the statutes in that case made and provided.

6 other COUNTS, similar in form to the first six, except that they state a list of the Acts of Parliament, by which the funds in question were created.

1. ATTORNEY GENERAL, MR. SERGEANT BOSANQUET, and MESSRS. BOLLAND and LAW conducted the prosecution.

JAMES TYSON . I was clerk to Messrs. Marsh and Co. bankers, at the time of their failure in September last; and have been there seventeen years. In 1815, the firm was William Marsh , Sir James Sibbald , Bart, Henry Fauntleroy (the prisoner) George Edward Graham and Josiah Henry Stracey . The prisoner became a partner in the early part of the year in which I came, 1807 - his father had been a partner before. I always considered Mr. Fauntleroy as the partner; he conducted the principal business of the house, and Mr. Stracey sometimes acted. Mr. Marsh lived in Kent. Sir James Sibbald died in 1819 or 1820, Mr. Graham had been a Colonel. Miss Frances Young had been a customer of the house, and her dividends were received by the house.

1. Look at this instrument (producing it) which purports to be a power of attorney for the transfer of 5000 l. Consols, in the name of Miss Young, there is the name of James Tyson to it subscribed as a witness - A. Yes, it is not my writing - I never saw Miss Young. I and John Watson are described here as clerks to Marsh, Sibbald and Co. Bankers, Berner-street. I believe this description to be in Mr. Fauntleroy's hand-writing. I have been in the habit of seeing him write daily and hourly, and have no doubt of its being his writing - there was no other clerk named James Tyson in the house. I consider the date also to be in Mr. Fauntleroy's hand-writing - it is

"The thirty-first day of May, One Thousand, Eight Hundred and Fifteen" in words.

1. Now look at the back where there is a demand to act - A. (reads)

"I demand to act by this letter of attorney this 1st day of June, 1815, H. Fauntleroy." The figure

"1 June, 5 and H. Fauntleroy" are written. I have no doubt but the writing and signature are Mr. Fauntleroy's, the rest is in print.

Cross-examined by MR. GURNEY. Q. Where did Mr. Fauntleroy live - A. He had apartments in Berners-street, but whether he lived there I do not know; he had no house in the City that I know of. I have heard of his having a cottage in Surry.

JOHN WATSON . I was clerk to Messrs Marsh, Sibbald and Co. for twenty-five years, up to the time of their failure; there was no other John Watson in the house while I was there: (looking at the power of attorney) the name

" John Watson " here is not my writing. I did not know Miss Young, and did not see her sign this. I am acquainted with Mr. Fauntleroy's hand-writing; the words

"Thirty-first of May," are his writing; also the words

"Clerk to Marsh, Sibbald and Co., bankers, Berner-street." The signature H. Fauntleroy, to the demand to act is Mr. Fauntleroy's.

ROBERT BROWNING , JUN. I am a clerk in the 3 per cent. Consols office, in the Bank of England - I have been at the Bank above twenty years, and was in this office in 1815, and for four years before.

1. Look at this instrument under the words

"I demand to act," is your name subscribed as a witness - A. Yes. I saw this written by the prisoner at the bar, at the sixth divison in the Consol office at the Bank; it was signed by him on the day it is dated, 1st of June, 1815.

1. Now refer to your ledger - had Miss Francis Young on that day any 3 per cent. Consol Annuites standing in her name - A. Yes, 5,450 l.; she is described as of Chichester.
2. Now refer to your transfer book - have you there a transfer of 5000 l. 3 per cent. Consols in June, 1815 - A. Yes; it is a transfer of 5000 l. of her stock. The name of Henry Fauntleroy is subscribed here; he is described as attorney to Frances Young , of Chichester - it is transferred to William Flower , of the Stock Exchange: it was signed by the prisoner, in my presence, because I have attested the signature.

Cross-examined by MR. ALLEY. Q. Are you sufficiently acquainted with Mr. Fauntleroy's writing to know that it his - A. Yes, I have frequently seen him write, and saw him sign this.

ROBERT BEST , ESQ. I am secretary to the Bank of England. I have the minute book of the Court of Directors of the 21st of October, 1824 - here is a minute directing 5000 l. 3 per cent. consols, to be purchased and transferred into the name of Frances Young , of Chichester, spinster; (reading it.)

1. GURNEY. Q. Were you present when that order was adopted - A. I was not.
2. ATTORNEY-GENERAL. Q. Was that minute afterwards confirmed by the Court - A. I read it myself to the Directors at the next Court, and they confirmed it; both on the 21st and 28th of October. I was present on the 21st before the Court broke up, and read it before they broke up, after it was entered, and they adopted it - it was copied into this minute book, and read on the 28th, and then confirmed.

COURT. Q. Then on loose paper you take down what passes; it is copied into a book, and read to the Court at the next meeting - A. Yes, my Lord.

1. GURNEY. Q. On the 21st, in your absence the Court came to some resolution upon this subject - A. Yes; it was copied into this book by Mr. Watts in my office, on that or the following day; I did not read it from this book on the 21st - the minute was written by the Governor, and when I came into the room he handed it to me; I read it, and it was adopted - it was afterwards copied into the book, from which I read it on the 28th, and it was confirmed - the confirmation is entered in these words

"The proceedings of the last Court were read and confirmed."

1. BENJAMIN COLE . I am a stock-broker, employed by the Bank. On the 22d of October, I was employed by the Bank to purchase 5000 l. Consols, and transfer it into the name of Miss F. Young, the amount paid for it was 4812 l. 10 s. I afterwards received an order from the Governor of the Bank for that money to be paid me - this is the order - (looking at it) - it is signed by the Governor. I received the money and paid for the stock; this is the stock receipt (looking at it).
2. BROWNING re-examined. Q. Turn to the stock ledger; has Miss Young credit for 5000 l. 3 per cent. Consols - A. Yes; on the 22d of October, 1824.

Cross-examined by MR. GURNEY. Q. Is that the stock purchased by Mr. Cole - A. Yes.

ROBERT BEST , ESQ. re-examined. Q. Look at this release - has it the Bank seal - A. It has; I have an order of the Court for the release to be sealed, and was present when it was sealed.

This instrument was here read, releasing Miss F. Young from all claims respecting the transfer of the stock in question, and from re-payment of the same, in case the letter of Attorney should be proved to be a true instrument.

1. GURNEY to ROBERT BROWNING. Q. From 1815 till the 22d of October, there has been no stock in Miss Young's name, except 550 l. - A. No.

JAMES WILLIAM FRESHFIELD , ESQ. I am a subscribing witness to this release (producing one.) I saw it executed by Miss Young, of Chichester, on the 27th of October, 1824, (read.)

This instrument released the Governor and Company of the Bank of England from all claim of dividends which Miss Young had upon the 5000 l. transferred on the 1st of June, 1815, &c.

MISS FRANCES YOUNG . I live at Chichester, and did so in 1815. Messrs. Marsh, Sibbald, and Co. were my bankers. I had 5450 l. 3 per cent. Consols at that time - they received my dividends for me. I bought 100 l. more not long ago; I have received the dividends on 5450 l. upto that time, and since that time upon 5550 l. from Messrs. Marsh and Co. I never authorized them or anybody to sell 5000 l. of that stock; I never executed this instrument - (examining it) - it is not my hand-writing. I was not in town in May, 1815, but at Chichester.

JAMES TYSON , re-examined. Mr. Marsh generally went to the Bank to receive the bulk of the dividends; it is usual before they are received for an alphabetical list to be made of the sums and the dividends to be received - I believe Mr. Fauntleroy generally made out that list.

1. Look at this, is it a list of the dividends to be received in July, 1824, upon Consols - A. It is, and it is endorsed

"Three per cent. Consols, July 1824, Marsh, Stracey, and Co." The endorsement, and the whole list appear to be in the hand-writing of Mr. Fauntleroy, except the figures in red ink, which are made by the clerks at the Bank - the columns of names and sums are in Mr. Fauntleroy's hand-writing. Miss Young's name is towards the end of it, and the sum of 550 l. is placed opposite to her name. When Mr. Marsh receives the dividend warrants, he brings them home, and gives them, I believe, to Mr. Fauntleroy.

1. Who made out the account of sums received at the Bank - A. Mr. Fauntleroy made out part of it, and the rest is made out by the clerk.
2. Have you the day-book for July, 1824 - A. I have; it contains an account of dividends received in July, 1824; the first twenty-four items are in Mr. Fauntleroy's handwriting, and the rest is entered by a clerk; the 23d entry which is in Mr. Fauntleroy's writing, is as follow: - (reads.)

"F. Young 5550 l. Consols, 83 l. 5. s" which is the half-yearly dividend purporting to be received. I have the day-book for July 1815 - here is an entry of Miss Young's dividend on 5450 l. - 73 l. 11 s. 6 d. in Mr. Fauntleroy's writing, with several other entries. I believe the property-tax is deducted. Here is an entry of the dividends received in January, 1816: the three first items are in Mr. Fauntleroy's writing, and the rest are by the clerk. Miss Young's dividend is entered for 5450 l., but not in Mr. Fauntleroy's writing; here is an entry for the same amount of F. Young's stock in July 1816, in Mr. Fauntleroy's writing and in January, 1817; the same dividend is entered on 5450 l. - 81 l. 15 s. in Mr. Fauntleroy's writing. In January, 1818, the same amount is entered in Mr. Fauntleroy's writing, and in July, the same sums in his writing also. In January, 1819, the same sum and dividend are entered in Mr. Fauntleroy's writing also, and in July, 1819, and in his writing. In January, 1820, the same sum and dividend are entered in the same hand-writing; and in July, the same sum and hand-writing; in January, 1821, and July, here are the same sums in the same hand-writing. In January and July, 1822, the same sums are entered in the same hand-writing; and in January, 1823, there is the same sum entered, and in Mr. Fauntleroy's hand-writing. In July, 1823, the dividend is entered upon 5550 l. 83 l. 5 s. in Mr. Fauntleroy's hand-writing; and in January, 1824, the same, and in his writing also.

1. Turn to the day-book of the 1st of June, 1815 - A. There is a sum of 2953 l. 2 s. 6 d. carried to the account of H. F. - (which I presume to be Mr. Fauntleroy) - it is in the hand-writing of Watson.
2. Now turn to the partners' private ledger, and look at the dates of June the 1st and 6th, there is an entry of the 6th of June, of one of the partners of 40 l. - A. Yes; it is Mr. Graham's writing - (reading) -

"Ryan 40 l. June the 6th;" there appears to have been an erasure at the extremity of the page, but the full amount is carried out in the next item - here is an entry of the 1st of June on the same line, but after the 6th of June,

"Cash 2953 l. 2 s. 6 d." - and in the extended line is 2993 l. 2 s. 6 d. - being the two sums added together, all the entry except

"June the 6th, Ryan 40 l.," is in Mr. Fauntleroy's writing.

1. To whose credit does the whole of that line stand - Ryan's amount, and the whole of the identical sum - A. It stands to the account of Henry Fauntleroy ; the first sum had been credited to him by Mr. Graham, the rest is added by himself, and carried by himself to his own credit.

Cross-examined by Mr. GURNEY. This sum is placed to Mr. Fauntleroy's private account - A. Yes; the sums placed to that private account are very large.

1. They amount in two pages to 50,000 l. - A. They may.
2. Do not these sums finally find their way into the funds of the banking house - A. I do not know; that rests with themselves. I cannot tell that these sums were ever drawn out by Mr. Fauntleroy for his private account, for Messrs. Martin and Co. were our bankers in the City - there were large transactions with them.
3. Was not every shilling of these monies applied to the funds of the banking-house - A. I do not know; the partners themselves can tell - but the clerks never had access to these books - it was customary to enter considerable sums to the initials of the partners.
4. Were not many of the sums through Martin's house placed to initials, or called Exchequer-bills account - A. No, we were ordered to make sums received to the initials of the partner's names in the day-book; that is all we know.
5. ATTORNEY-GENERAL. Q. As far as these books go, this sum is carried to the private account of the prisoner - A. Yes.

JOHN HENRY SPURLING . On the 1st of June, 1815, I was clerk to Mr. Solomon; who at that time was stockbroker to Messrs. Marsh and Co.

1. Look at this paper, and say whether on that day you sold 5000 l., Consols for Miss Young, of Chichester - A. Yes; this is my signature - the produce was 2956 l. 5 s., deducting brokage, it would be 2950 l. - but the sum to the bankers would be 2953 l. 2 s. 6 d., as they have half the

See original brokage. I paid that sum on the 1st of June, into the bands of Martin and Co. - this is the draft which I paid in for that amount (looking at it,) to the account of Messrs. Marsh, Sibbald, and Co. I delivered Messrs. Marsh and Co. a note of the sale; this is it - (read)

1st June, 1815. Sold for Miss Frances Young , of Chichester, by order of Messrs. Marsh Sibbald and Co. 5000 l. to William Flower , for - 2956. 5 s.

Commission - 6. 5.

2950

1. P. Spurling for Solomon

The Cheque for 2953. 2. 6 d. was here read.

Mr. SPURLING. The addition to the cheque of 3 l. 2 s. 6 d. is the half brokage allowed to the bankers.

SAMUEL PLANK . I am a police-officer of Malborough-street. On the 10th of September I apprehended the prisoner at the banking-house in Berner-street - he locked a desk which was in the room where I apprehended him after he knew what I came for; he locked it with a key which was suspended to his watch - I took the key from his watch in Malborough-street; I believe this to be it - (looking at it;) I delivered it to Mr. Freshfield - and in consequence of a message from Mr. Freshfield, I attended him at the banking-house, and searched the desk with Mr. Freshfield; it was opened with this key - there was a private drawer in the desk in which were some keys and some papers - I marked the papers after I brought them away - the prisoner was examined on the day - I kept the keys until after the examination, and then went to the banking-house, and found Mr. Freshfield there - he had two tin boxes in his possession; the name of Fauntleroy was on one of them - I do not know whether it was on the other. I tried them with the keys which I had found in the desk, and opened them with those keys - I locked the boxes again, and delivered the keys to Mr. Freshfield, who took the boxes away in a coach.

1. FRESHFIELD re-examined. On the day the prisoner was apprehended I went to the banking-house of Messrs. Marsh and Co., and made a search - I received a key from Plank, which opened a private desk; and in that desk we found some other keys. I returned to the banking-house after the examination, and in a room at the back, of what I understood to be called the partner's room; I saw several tin boxes - one had the name of Fauntleroy on it, which I took possession of - there was another, either upon or under that box, without any name. I desired Plank to try the keys to it, that I might not remove a box belonging to any other person; he tried one key which opened it; and finding from the first paper that there was no doubt it must be Mr. Fauntleroy's, I locked it up and took possession of it with the keys - and in the course of that night I examined the whole of the box with the name on it; and about half of the other - that with the name contained deeds, probates of wills, letters of administration, and other official documents; the other was a great variety of memorandums, diaries, and stock receipts, among which was the sale note for the stock in question; also a paper which I now produce - I marked it.
2. TYSON re-examined, (looking at the paper.) The whole of this is in Mr. Fauntleroy's hand-writing. When there is a sale of stock as a regular transaction the sale note is put on a file, and copied into a book by one of the partners.

JAMES KIRBY . I was a clerk in Messrs. Marsh and Co's. banking-house. I have searched to ascertain whether a copy of this sale note is entered in the book - there is none; it is the regular course of business to make a copy.

1. WATSON. The whole of this paper is in Mr. Fauntleroy's hand-writing, signatures and all.

The paper produced by Mr. Freshfield was here put in and read; it was as follows:-

De La Blache - 11151 6 4 - Consols.

1. W. Young - 5000 0 0 - Do.

General Young - 6000 0 0 - Do.

Frances Young - 5000 0 0 Do.

Jed Kerie , T. J Kerie, and H. Fauntleroy -

6000 0 0 - Do.

1. Kerie - 5841 9 8 - Do.

De La Blache - 4000 0 0 - Navy 5 per Cents

Lady Nelson - 11595 0 0 - Consols.

Mrs. Pelham - 20000 0 0 - 4 per Cents.

Earl of Ossory - 7000 0 0 - Do.

1. Bowen - 9500 0 0 - Do.
2. C. Parkins - 4000 0 0 - Consols.

Lord Aboyne - 61550 0 0 - 4 per Cents.

Elizabeth Fauntleroy - 3050 0 0 - 5 per Cents.

1. Reader and H. Fauntleroy - 7000 0 0 - Do.

Peter Moore and John Marsh - 21500 0 0 - 3 per Cents.

"In order to keep up the credit of our house I have forged powers of attorney, and have sold out all the above sums, without the knowledge of any one of my partners. I have given the different accounts credit for the dividends as they became due, but have never posted them.

1816. Fauntleroy, Berners-street, May 7, 1816."

"The Bank began first to refuse our acceptances, and thereby began to destroy our credit - they shall smart for it.

1. F."

The power of attorney was then put in and read.

Prisoner's Defence.

My Lord and Gentlemen of the Jury. - Overwhelmed as I am by the situation in which I am placed, and being uninformed in what manner I should answer the charges which have been alleged against me, I will endeavour to explain, as well as the poignancy of my feelings will enable me, the embarrassments of the Banking house, in which I have been for many years the active and only responsible partner, and which have alone led to the present investigation, and although I am aware I cannot expect to free myself from the obloquy brought upon me by my anxiety to preserve the credit and respectability of the firm, still I trust that an impartial narrative of the occurrences will obtain for me the commiseration of the well-disposed part of the community. Anticipating that the Court will extend its indulgence to me, I will respectfully submit such observations as I think will tend to remove from influenced minds those impressions, which with sorrow I say must have been made upon them by the cruel and illiberal manner in which the public prints have untruly detailed an history of my life and conduct; hoping, therefrom, I may deserve your compassion, although I may be unable to justify my proceedings, and secure my liberation, by a verdict of the Jury, yet they may be considered, in the mercy of the Court and a discerning public, as some extenuation of the crimes with which I stand arraigned. With this object it is necessary that I should first state, shortly, the circumstances under which I have been placed during my connexion with Marsh and Co. My father established the Banking-house in 1792, in conjunction with

Mr. Marsh, and other gentlemen. Some of the partners retired in 1794, about which time a loss of 20,000 l. was sustained. Here commenced the difficulties of the house. In 1796, Mr. Stracey and another gentleman came into the firm, with little or no augmentation of capital. In 1800 l became a clerk in the house, and continued so six years, and although during that time I received no salary, the firm were so well satisfied with my attention and zeal for the interest and welfare of the establishment, that I was handsomely rewarded by them. In 1807 my father died; I then succeeded him; at this time I was only twenty-two years of age, and the whole weight of an extensive but needy Banking establishment at once devolved upon me, and I found the concern deeply involved in advances to builders and others which had rendered a system of discounting necessary, and which we were obliged to continue in consequence of the scarcity of money at that time, and the necessity of making further advances to those persons to secure the sums in which they stood indebted. In this perplexed state the house continued until 1810, when its embarrassments were greatly increased, owing to the bankruptcies of Brickwood and others, which brought upon it a sudden demand for no less a sum than 170,000 l. the greater part being for the amount of bills which our house had accepted and discounted for these parties, since become bankrupts. About 1814, 1815, and 1816, from the speculations with builders and brickmakers, & others, in which the house was engaged, it was called upon to provide funds to near 100,000 l., to avert the losses which would otherwise have visited it from these speculations. In 1819, the most responsible of our partners died, and we were called upon to pay over the amount of his capital, although the resources of the house were wholly inadequate to meet so large a payment. During these numerous and trying difficulties the house was nearly without resources, and the whole burthen of management falling upon me, I was driven to a state of distraction, in which I could meet with no relief from my partners, and, almost broken-hearted, I sought resources where I could, and so long as they were provided, and the credit of the house supported, no inquiries were made, either as to the manner in which they were procured, or as to the sources from whence they were derived. In the midst of these calamities, not unknown to Mr. Stracey, he quitted England, and continued in France, on his own private business, for two years, leaving me to struggle as well as I could with difficulties almost insurmountable. Having thus exposed all the necessities of the house, I declare that all the monies temporarily raised by me, were applied, not in one instance for my own separate purposes or expenses, but in every case they were immediately placed to the credit of the house in Berners-street, and applied to the payment of the pressing demands upon it. This fact does not rest on my assertion, as the transactions referred to are entered in the books now in the possession of the assignees, and to which I have had no access since my apprehension. These books, I understand, are now in Court, and will confirm the truth of my statement; and to whatever account all the sums may be entered, whether to that of Stock, of Exchequer Bills, or to my private account, the whole went to the general funds of the Banking-house. I alone have been doomed to suffer the stigma of all the transaction; but, tortured as I have been, it now becomes an imperative duty to explain to you, Gentlemen, and through you to the world at large, that the vile accusations heaped upon me, (known to be utterly false by all those who are best acquainted with my private life and habits,) have been so heaped upon me for the purpose of loading me with the whole of the obloquy of those transactions, from which, and from which alone my partners were preserved from bankruptcy. I have been accused of crimes I never even contemplated, and of acts of profligacy I never committed; and I appear at this Bar with every prejudice against me, and almost prejudged. To suit the purposes of the persons to whom I allude, I have been represented as a man of prodigal extravagance; prodigal indeed I must have been, had I expended those large sums which will hereafter be proved to have gone exclusively to support the credit of a tottering firm, the miseries of which were greatly accelerated by the drafts of two of its members to the amount of near 100,000 l. I maintained but two establishments, one at Brighton, where my mother and my sister resided in the season - the expenses of which to me, exclusive of wine, were within 400 l. per annum. One at Lambeth, where my two children lived, from its very nature, private and inexpensive, to which I resorted for retirement, after many a day passed in devising means to avert the embarrassments of the Banking-house. The dwelling-house in Berners-street belonged solely to my mother, with the exception of a library and a single bed-room. This was the extent of my expenditure, so far as domestic expenditure is concerned. I am next accused of being an habitual gambler, an accusation which, if true, might easily account for the diffusion of the property. I am indeed a member of two clubs, the Albion, and the Stratford, but never in my life did I play in either, at cards or dice, or any game of chance; this is well known to the gentlemen of these clubs - and my private friends with whom I more intimately associated, can equally assert my freedom from all habit or disposition to play. It has been as cruelly asserted that I fraudulently invested money in the funds to answer the payment of annuities, amounting to 2,200 l. settled upon females. I never did make any such investment; neither at home or abroad, in any funds whatever, have I any investment; nor is there one shilling secretly deposited by me in the hands of any human being. Equally ungenerous, and equally untrue it is, to charge me with having lent too loose and disorderly persons large sums which never have, and never will be repaid. I lent no sums, but to a very trifling amount, and those were advanced to valued friends. I can, therefore, at this solemn moment, declare most fervently, that I never had any advantage beyond that in which all my partners participated, in any of the transactions which are now questioned. They indeed have considered themselves as partners only in the profits, and I am to be burthened with the whole of the approbrium, that others may consider them as the victims of my extravagance. I make this statement, not with a view to criminate others, or to exculpate myself; but borne down as I am by calamity, I will not consent to be held out to the world as a cold blooded and abandoned profligate, ruining all around me for the selfish gratification of vice and sensuality, and involving even my confiding partners in the general destruction. Gentlemen, I

have frailties and errors enough to account for. I have sufferings enough past, present, and in prospect, and if my life were all that was required of me, I might endure in silence, though I will not endure the odium on my memory, of having sinned to pamper delinquencies to which I never was addicted. Thus much has been extorted from me by the fabrications which have been cruelly spread amongst the public; that very public, from whom the arbiters of my fate were to be selected. Perhaps, however, I ought to thank the enemy who besieged the prison with his slanders - that he did so whilst my life was spared to refute them, and that he waited not until the grave to which he would hurry me had closed at once on my answer and my forgiveness. There is one subject more connected with these charges to which I am compelled to advert, and I do so with great reluctance. It is added to the other charges made against me, lest the world should think there was any vice in which I was not an adept. I have been accused of acting treacherously towards the female who now bears my name, having refused to make reparation until threatened by her brother, and of having deserted her at a moment when she had the greatest claim on my protection. Delicacy forbids me entering into an explanation on this subject further than to declare, that the conduct I adopted on that occasion was uninfluenced by the interference of any individual, and arose, as I then considered, and do still consider, from a laudable and honourable feeling on my part; and the lady's brother, so far from coming forward at the time alluded to, was on his passage to the West Indies. Could all the circumstances be exposed, I feel convinced that every liberal-minded man would applaud my determination, and I feel satisfaction in stating, that the lady in question has always been, and still is actuated by the best of feelings towards me. I have now only to apologize to the Court for having entered so much at length into the statement of my unfortunate case, and in conclusion I have to express my perfect confidence, that it will receive every favourable consideration at your hands; and I fully rely that you, Gentlemen of the Jury, will give an impartial and merciful decision.

The following persons, all of whom were of great respectability, deposed to the prisoner's previous character, as that of the strictest integrity - John Wilson , Esq.; Sir Charles Forbes , Bart.; Mr. Gray; James Burton , Esq.; Devie Robertson, Esq.; William Wadd , Esq.; James Lindsay, Esq.; Anthony Brown , Esq.; Benjamin Wyatt , Esq.; William Montrion , Esq.; John Montague , Esq.; James Vernon , Esq.; - Ross, Esq.; Joseph Bushnan , Esq; - Church; and - Yatman.

GUILTY - DEATH . Aged 40 - of Uttering only .

Later on the business of the bank appears to have been taken over by Sir Claude Scott Bart, Williams & Co. This bank traded from temporary premises at 26 Holles Street, Cavendish Square, London. In 1826 the firm moved to 1 Cavendish Square.  The bank was known as Sir Claude Scott Bart, Dent & Co from 1827; Sir Claude Scott Bart & Co from 1829 to 1847; and as Sir Samuel Scott Bart & Co by 1847.

There appear to have been a number of court cases and documents associated with the crash of the bank.

Date not known, possibly December 1823. Price versus Marsh, Stracey, Fauntleroy and Graham. Before Mr Justice Burroughs. Note published by S Chappell, 32 pages, copy located at Glasgow University.

28 October 1824.  The case against Henry Fauntleroy before Mr Justice Park.  See full text above.

28 November 1824.  The King versus William Marsh relating to sums of money lost by William's cousin John Milbourne Marsh, Deputy Postmaster General of the Island of Jamaica.

15 February 1825.  Report to the assignees of the late banking house of Marsh, Stracey, Fauntleroy and Graham.  By Robert Wilkinson the accountant.  Printed by RG Gunnel.   

22 May 1827.  Stone and another Versus Marsh and others. 

More references can be found by searching on the internet.

(William Marsh)  (Diary of William Marsh) (Letters of William Marsh)  (diary of Lousia Marsh Caldwell)

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