TACTS, FJLILUBB8, JJHD FBAUDS. 95
more irregularities, and the prisoner was questioned upon the subject, but after attending one or two meetings resigned his situation. These were the facts, and he believed that the defence that would be relied upon was, that the prisoner had some small share or interest in the company, and that being in consequence in the position of a partner he was not amenable to the charge of larceny; but, if such should be the case he had no doubt that under the present form of indictment he would still be liable.
Mr. F. Rockley deposed that he is one of the clerks in the London and Westminster Bank. On the 26th of February the prisoner had an account at that bank, and on that day a cheque for £1400 was paid to him, but whether it was one of the Globe Insurance Company he could not say. It was placed to the credit of the prisoner. There was a clerk named Hobson in the service of the Westminster Bank, and he placed the cheque in due course for that clerk to pass the cheque. Witness had no recollection of the person by whom the cheque was brought, but he received a memorandum with it, which he produced, upon which was the name of the prisoner in his handwriting, and also the words "Messrs. Glyn and Co.," and the figures "1400," in the same character of writing.
By Mr. Cockburn.—Having the two together, the signature and the other words and figures, he was of opinion they were the handwriting of the prisoner. Unless he had the opportunity of this comparison, he should not like to speak positively to the handwriting being the same.
The memorandum was put in and read. It was to the effect that a sum of £1400, by a cheque on Glyn and Co., had been paid into the London and Westminster Bank by the prisoner on the 26th of February.
Mr. J. Hobson, another clerk in the London and Westminster Bank, produced a book containing the entry of the cheque for £1400 upon Messrs. Glyn and Co. He also proved that he presented the cheque with a number of others to Messrs. Glyn and Co., and received altogether the amount of £4269 16s. 10d., and handed that sum to the London and Westminster Bank.
Mr. W. Steel, clerk to Messrs. Glyn and Co., deposed, that he paid the cheques brought by the last witness. The Globe Insurance Company had for several years kept a drawing account with them, and they had a special form of cheque. One of these cheques, for £1400, was among the checks that he paid to the last witness.
By Mr. Cockburn.—He did not state this fact from his own knowledge, but by the entry in the books.
By Mr. Bovill.—There was only one cheque for £1400, among those to which he referred.
Mr. J. Santry, another clerk to Messrs. Glyn, produced a book containing the entry of a payment of a cheque for £1400. He said, he believed
