8 NOVEMBER 1828, Page 4

OLD BAILEY.—The Court met on Tuesday, agreeably to the order

of the Judges, for the special purpose of trying Joseph Hunton on a second charge of forgery. The court-room was crowded long before the trial commenced. The Recorder, several Aldermen, and a great many persons of commercial influence in the City, were on the bench throughout the whole of the trial. The Judges came into court at ten o'clock ; and Hunton was immediately placed at the bar. His appearance at first betrayed no great feeling of any kind. As the trial proceeded, however, he became much depressed and agitated, and kept his back constantly towards the Jury. At the desire of Mr. Justice Park, he was allowed the indulgence of a chair; and during the greater part of the trial he sat with his elbow on the dock, and his head resting on his hand, in such a manner as to conceal the features of his face. The indictment chargedthim with having forged and uttered a bill for 94/. 13s. with the intent to defraud Sir William Curtis and Co. The prisoner, who retained no counsel, pleaded Not Guilty.

Mr. Robarts, of the house of Sir William Curtis and Co., proved that he had received the bill from Hunton, and that he had discounted it for him on the understanding that it had been received in a legitimate transaction. He had got a letter from Hunton, dated the 27th September, bearing the Deal post-mark, stating, that in consequence of some derangement in his accounts, and the refusal of Sir William Curtis and Co. to discount any more bills for him, he had determined to go out of the way for a short time. Some days before receiving this letter, Mr. Robarts had positively declined to discount any more bills for the prisoner.

The other evidence necessary to establish the charge having been gone through, the prisoner expressed a wish to put a few questions to Mr. Robarts ; and that gentleman was again put into the witness-box.

Prisoner—" Was this bill discounted by the house of Sir William Curtis and Co. on account of the knowledge and opinion that it had of the acceptor, or on account of the knowledge and opinion that it had of myself ?"

Mr. Robarts—" This bill was not discounted by me on account of any knowledge I had of the acceptor; but purely upon the ground of the previous assurance of the prisoner that it was a bond fide transaction of business."

Prisoner—" Was there not at the time in the possession of Sir William Curtis and Co., a deed of assignment placed there by John Dixon and Co., as a collateral security for any bills that might be discounted ?"

Mr. Robarts—" There is in our possession a deed of assignment purporting to be a collateral security to us for any bills or advances we might make to the house of J. Dixon and Co."

The prisoner made some remarks to the Jury, on the hardship of his having previously been denied the use of his books and papers, which would have enabled him to make an available defence. His subsequent access to them was too late ; for he had already been found guilty, and any proof which he could bring would be useless. He had no means of retaining counsel ; and he had refused to allow his friends to spend money in attempting a defence which must prove vain. He threw himself on the mercy of the Court ; reminding it that he had awife and ten children dependent upon him for their support. Mr.J ustice Park—" Have you any witnesses whom you would wish to call ?" Prisoner—" None, my Lord." Mr. Justice Park left it to the Jury to say whether they believed the prisoner had been guilty of uttering the bill in question with a knowledge of its being forged, with a view to defraud some person into whose hands it might pass ; and if they had any doubts, to give the prisoner the benefit of them.

The Jury consulted for about five minutes : when the foreman said—"We find the prisoner guilty of uttering the bill, knowing it to be forged; but that he had no intention to defraud the prosecutors."

Mr. Justice Park—"Indeed, gentlemen, I cannot receive such a verdict.

If you decide that he had no intention to defraud, you must acquit him. You had better reconsider your verdict." TheJury consulted for a minute or two more, and again the foreman said" My Lord, we say he is guilty of uttering the bill, knowing it was forged at the time; but as he had a collateral security in the hands of Messrs. Curtis, Robarts,and Co., we are of opinion that he did not intend to defraud them."

Mr. Justice Park—" You must give a verdict, guilty or not guilty."

Foreman—" Guilty."

Juror—" No, no several of us are not satisfied."

Mr. Justice Park—" Gentlemen, in reconsidering your verdict, it is your duty to make up your minds whether or not the prisoner, in forging the acceptance to the bill, and uttering it, did not intend to deceive somebody. Did he, or did he not, intend to deceive Messrs. Roberts, Curtis, and Co.? If he did, he is guilty of the charge laid in the indictment."

Juror—" The collateral security which the prisoner had given to Curtis and Co., weighs on the minds of the Jury in his favour."

Mr. Justice Park—" That cannot be admitted to weigh on your minds at all. There has been no evidence to prove that the security was worth a farthing, and you must disregard it altogether. You must now decide upon the facts proved, that the prisoner uttered the forged acceptance with a knowledge of its being forged. Have you any doubt ? If you have, you will say he is not guilty ; but if you have no doubt, it is your duty to say he is guilty.'

The Jury again consulted, for about a minute, and returned a verdict of "Guilty ;' but recommended him to mercy.

Mr. Justice Park...." On what grounds do you recommend him to mercy?" Foreman—" First, because he had.given a security to the prosecutors, who held it at the time the forgery was committed; and secondly, on account of his large family."

Mr. Justice Park—"Very well, gentlemen—Cshaking his head.) Remove the prisoner from the bar.'

There were three other indictments against the prisoner; but it was deemed unnecessary to proceed upon them.

At two o'clock, Hunton and the other prisoners capitally convicted, were placed before the Recorder, to receive sentence of death. Hunton, in a tremulous voice, read a paper in which he averred that the idea of fraud or injury to his prosecutors never entered his mind ; and though he had been convicted of having violated the law, vet having given ample security for the performance of his engagements with the prosecutors he was not conscious of any moral or wilful guilt, with regard to them. He then alluded to his former unblemished life—to the destitute state of his wife and family—and to the recommendations of the Juries—as circumstances which he thought might weigh with the dispenser of mercy in considering his case. The Recorder promised that everything favourable to him should be laid before the Sovereign ; but he regretted that the prisoner had thought proper to say that his crime was not a moral offence ; for if his Majesty were made acquainted with that expression, it might incline him to look upon it as an aggravation. Sentence of death was then passed upon Hunton, and also the following prisoners :—James Abbott and George Edwards, for cutting and maiming, with intent to murder; William Ford, William Lewis Johnson, and Robert Archer, for stealing in dwelling-houses to the amount of upwards of W.; John Smith, Henry Mansfield, George Reynolds, Thomas Harris, and Richard Crosier, for robberies on the person ; William Willis, for uttering a forged order, and Edward Cooper, alias Hollingsby, for uttering a forged receipt for money ; Thomas Lupton, George Thompson, John James, William Watts, Joseph Mahoney, John Morris, and Richard Jedkins, for housebreaking and larceny ; *Richard Ryan, Charles Ledge, Thomas Moore, and John Crisp, for burglaries ; John Johnson, alias Saxon, alias Wright, for being at large before the expiration of a term of transportation to which he had been sentenced.

The sum paid to prosecutors and witnesses at the September Old Bailey Sessions alone, amounted to the enormous sum of 1,8911. 15s., independent' of the City cases, and the costs at the Clerkenwell sessions.