Counsel for the Crown—the Attorney-General, Mr. E. James, Q. C., Mr. Welsby, Mr. Bodkin, and Mr. Huddleston; for the prisoner—Mr. Serjeant Shee, Mr. Grove. Q. C., Mr. Gray, and Mr. Kenealy.
Charles Weatherby, examined by Mr. Welsby, said: On the 21st of November I received a letter from Palmer, enclosing a cheque for £350. I produce that letter:—
“Rugeley, Nov. 20, 1855.
“Gentlemen,—I will thank you to send me a cheque for the amount of the enclosed order. Mr. Cook has been confined here to his bed for the last three days with a bilious attack, which has prevented him from being in town.
“Yours respectfully,
“Wm. Palmer.”
On the morning of the 23rd I received another letter from him, which I also produce. In this letter Palmer requested Messrs. Weatherby to send a cheque for £75 to Mr. Pratt, and a cheque for £100 to Mr. Earwaker, and deduct the same from Cook’s draft. On the 23rd I sent a letter to Palmer, of which I produce a copy:—
“Nov. 23, 1855.
“Sir,—We return Mr. Cook’s cheque, not having funds enough to meet it. When Mr. Frail called to-day to settle the Shrewsbury Stake account, he informed us that he had paid Mr. Cook his winnings there. We could not comply with your request as to paying part of the money even if we had had sufficient in hand to pay you the sums you mention, which we have not. Be so good as to acknowledge the receipt of the cheque.”
On the 24th the following notice, signed by Palmer, was left at my office:—
“Nov. 24, 1855.