R. v. Buxcoyss.
John William H. Burgoyne appeared to take his trial upon an indictment in two counts charging him with falsely representing that he was possessed of 1,650 pieces of lamb-skin clothing and furs then in a godown in the Canton Read, by which means he obtained Tls, 20,000 from the Russo-Chinese Bank to be paid to his account, und further that he falsely pretended that a certain godown receipt, ry onder, given by him was a valuable security, whereas it was not.
The Crown Advocate (Mr. H. P. Wilk son) prosecuted, - the prisoner _heing Jed by Mr. D, MeNvill (Messrs.
dall, Hanson, and McNeill).
the Jury' panel Lover, his fined $50. curie be sworn the Crown Advoca: e ats. L. KO, Waller, A. Phurburn, and they tand aside, ment having been read over (Mr. Burrows), the prisoner pleaded Not guilty."
"Phe Crown Advocate, in opening th" case for the prosecution, said it was the painful duty of the Jury to say whether the prisoner was guilty or not guilty of the joe alleged against him, and it was his (che learned ndvocate's)painfal and bounden duty to lay before them such facts as would, he thought, prove to them that the accused was guilty.' The accused was charged, in thy first count, with obtaining from Mr, Worth, eof the managers of the Russo-Chiness Tls. 20,000, which was paid to the credit of his hank account in consequence of certain false pretences, and in the second count the allegation was that a certain godown order) upon which he ined the ailvance was not a goud ty, 8 he falsely represented it to ber uld be unnecessary to point out to the Jury, who were business men, the aystem whereby banks advancing money required security. On the 26th of March the accused, Burgoyne, wanted money placed to his credit, and the bank before doing so wanted some security which would justify them in advancing it, The se was a simple one, so that it was necessary to more than point out that he obtained the money by way of a loan by false pretences. Althouzh the defence might prove that the accused at the time he obtained the advance hoped by of other transactions and by large in these or other goods to have, before it should be found out that the goods were not in his control, sufficient money to repay that advance—if sucha defence were even so the prisoner woold he guilty of the false pretence and liable for it. Mr. Worth would give evidence that Tls. 20,000 were placed to Burgoyne's credit on the representation he made, that he had as his own and in the godown, lamb-and furs valued at Tis.' 25,000, upon his pledging them with' the bank as security by giving a document making them deliverable to their order. Mr. MIN. Speelman would give evidence as to the advance of the mou: y, and the keeper of Messrs. Dowdell, Cutill's godown would give evidence that on the 26th of March there were no such skins in their
Text read from the printed page and cleaned; old type leaves the occasional error.