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Free Books / Finance / Banks And Bankers / | ![]() |
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Recent Progress Of Joint. Part 9 |
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This section is from the book "Banks And Bankers", by Daniel Hardcastle, Jun. Also available from Amazon: Banks and bankers.
The younger bankrupt said he entered as a partner into the concern in 1818. He was dependent on his father, and all he knew was, that a credit of from 2000l. to 3000l. at that time stood to his father's account. He did not remember the first time that customers' moneys were misapplied. It was, he believed, in the year 1833. The total amount of misappropriation, he thought, would amount to 78,164l.
Sir C. F. Williams thought it his duty to make some remarks upon this case, which he characterised as one of the most flagrant he had ever heard of. Here were two persons moving in a highly respectable sphere of life, whose associates, whose habits, and whose connexions ought to have been sufficient to deter them from pursuing the course of conduct they had, and who, invested as they were with great and unbounded confidence, had, in betraying their trust, sacrificed the fortunes of their relatives, their friends, and their customers. The elder bankrupt had had a very narrow escape in the case of Mrs. Potter, who, if she had but written one note, would have brought him within the reach of the criminal law by the Act he had before alluded to. How they could have stood up with any face before society with such a load of moral responsibility on their heads he was at a loss to conceive. The deliberate and systematic manner that marked the whole proceeding was such as to call forth the severest condemnation. Although reprehensible in the highest degree, the case where a man with any pressure upon him on the sudden emergency misapplied another's capital, was comparatively blameless to this, where they had, in the most cool, designing manner, sold out 45,000l, of stock, besides misapplying 33,000l., moneys left in their hands for investment. After such a wholesale spoliation of other people's means, they could expect no sympathy; and although they might think his observations severe, they were nothing more than the justice of the case deserved. They had deceived their relatives, their friends, and their customers; they had sacrificed people's property in the most uncompromising manner, and although some might not feel it so keenly as others, having more extended means, still they knew the loss of their property, while there were those whom they, by their nefarious acts, had either severely crippled or totally ruined. And this course of treachery, plunder, and breach of confidence, they had carried on for a successive number of years almost without the cessation of an interval. Their culpability was beyond all expression, one out of ten thousand cases he thought could hardly be brought to equal it. But in viewing the responsibility which they had entailed upon themselves by the sacrifice of reputation, they must also feel that not the least part of it arose from the shock public confidence received when it became known, which might have most materially injured their fellow-brokers. All such cases as these spread the seed of a want of confidence, and neighbour suspected neighbour, however estimated he might be for probity and honesty. They might have been the cause of incalculable mischief. It was altogether a very melancholy case; such another he never wished to hear again, but he sincerely trusted that it would prove a warning to many persons, while he hoped some law would be framed to meet these cases with proper punishment. A few years since the bankrupts would have been liable to a banishment for fourteen years. After a few further observations, Sir Charles declared the bankrupts passed.
Having been sworn to their balance-sheets, the bankrupts, as usual, delivered over what was in their possession, and had it described in the "declaration " of passing. In this instance there were two watches and some loose silver. - Sir C. F. Williams: Of course this property will be returned to the bankrupts? - Mr. Burnie: As far as I am concerned for myself and my co-assignee, they shall not have a farthing. I may be called a man of property, and have not lost more than £5,000; but there are parties whom they have reduced to beggary. They rather deserved fourteen years' transportation, but I am afraid they are beyond the reach of it. - Sir C. F. Williams: Then the property must be given up. - This seemed to affect the bankrupts more than any previous part of the proceedings.
To these instances of the extent to which private Bankers, endowed with sufficient nous and nerve for playing so desperate a game, have succeeded of late years in practising upon the public, the old and strong case of Henry Fauntleroy should be added. This man was the acting partner in the house of Marsh, Sibbald, and Co., of Berners-street, Oxford-street, and was hung at Newgate for forgery, in 1824. The statement made by the attorney-general in his address to the jury put the principal facts of the case in a short compass.
"Mr. Fauntleroy, the father of the prisoner, became a partner at the establishment of the Bank, and continued such till his death, in 1807. At that period the prisoner was admitted into the concern, and became the most active member of it. In 1815 Frances Young, of Chichester, a customer of the house, lodged in their hands a power of attorney to receive the dividends on 5,540l. three per cent. consols. The dividends were regularly received; but soon afterwards another power of attorney, authorizing the prisoner to sell that stock, was presented to the Bank, and the sale was effected by him: to this power the prisoner had forged the names of Frances Young and of two witnesses to it. But the most extraordinary part of the case was, that among the prisoner's private papers, contained in a tin box, there had been found one in which he acknowledged his guilt, and adduced a reason for his conduct.
"The attorney-general then read the paper, which presented the following items: - 'De la Place, 11,150l. three per cent. consols.; E. W. Young, 5,000l. consols.; General Young, 6,000l. consols.; Frances Young, 5,000l. consols.; H. Kelly, 6,000l. consols.; Lady Nelson, 11,995l. consols.; Earl of Ossory, 7,000l. 4 per cents.; W. Bowen, 9,400l. 4 per cents.; Parkins, 4,000l. consols.'
 
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banking, old school, circulating medium, bank of england, currency, scotland, ireland, gold, silver, standard
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