1617. JOHN PALIN was indicted for stealing, on the 18th of November , four 1000 l. Bank notes, the property of Francis Robertson , from his person .
FRANCIS ROBERTSON, ESQ. On the 18th of November, 1824, I attended at the Auction-mart, to purchase an estate - I live at Kingston, Surry. I received nine notes of 1000 l. each, and one of 500 l., from Mr. Robert Clark Marsden , in Princes-street, Bank, not five minutes before I went to the Mart; I folded them in a paper, and put them into my left-hand trousers pocket. I bought the estate, and paid the 500 l. and five of the 1000 l. notes as a deposit, to Mr. Broderip, the solicitor. I had four 1000 l. notes left, which I folded in the same paper, and put it into the same pocket; there were a great many people in the room. I was anxious to go home, and was going out of the room a little before four o'clock; there was a considerable crowd, and the instant I got out I was putting on my great coat - when I got to the end of the room, where the crowd was less, I felt in my pocket, and the notes were gone; I thought they were stolen, but yet thought they might have dropped; I went back, looking on the ground, but did not find them; I immediately informed Mr. Thomas of my loss; he went over to the Bank, to stop payment of them. I went to France to make inquiry, and returned early in August. I had bills circulated here, and in France.
Cross-examined by MR. ADOLPHUS. Q. Whether the prisoner ever saw the bills you do not know? A. No. I was about two hours in the Auction room; I did not see the prisoner there - if he had been I think I should have observed him. I took great pains to inquire in France, and received information, which lead me to the agent of the Police; he went to a money changer there, and from information I gained there I went to the prisoner's house, on Holborn-hill; his wife was at home, and immediately told us where he was to be found; she said she had not got the keys; the officer broke open the drawer, where we found one of the 1000 l. notes in two parts, inclosed in a letter.
MR. BRODRICK. Q. Who directed you to the prisoner's house? A. A money changer in France, who keeps an hotel; she mentioned his name.
MR. ROBERT CLARK MARSDEN. (Looking at a cheque,) I took this cheque, for 9600 l., to Sir Peter Pole's, and received nine 1000 l., a 500 l., and a 100 l. Bank notes, which I delivered to Mr. Robertson.
THOMAS CLIFTON . I am clerk at Sir Peter Pole and Co's., and cashed this cheque, with a 100 l., a 500 l., and nine 1000 l. Bank notes; one of which was No. 302, dated the 13th of October, 1824.
MR. EDMUND ROBINS . I attended at this sale, and received the deposit money from Mr. Broderip; there were five 1000 l. and one 500 l. notes, and a cheque for 18 l. odd; I paid them into Messrs. Ransom's, with a considerable sum in cheques, but no other notes. I paid in the same notes as I received.
Cross-examined by MR. ADOLPHUS. Q. Did you sell the estate that day? A. No. I was in an elevated situation, and passed in and out of the room several times; I saw nobody like the prisoner there, to my recollection; the room was much thinner after the alarm.
MR. BRODRICK. Q. Are you short sighted? A. Rather so. There might be 800 or 1000 persons in the room; I cannot recollect all their persons.
MR. FRANCIS BRODERIP . I attended as solicitor at this sale of the Marquis of Ormond's estate. I received the deposit money from Mr. Robertson, and handed the same to Mr. Robins.
MR. JOHN SQUIRE . I am one of the firm of Messrs. Ransom and Co. On the 18th of November five notes of 1000 l., forming part of 35,000 l. was paid in by Mr. Robins - No. 302 was not among them.
MR. WILLIAM WADHAM COPE . I am one of the City Marshals. On the 2d of August last I went with a search-warrant to the prisoner's house, on Holborn-bridge; he was not at home. I found a pocket-book in a bureau in the front parlour; I had a smith to force the drawer open; Mrs. Palin said Mr. Palin had the keys; the book contained a letter, written in English, and two parts of 1000 l. Bank note. I found the prisoner at Greenwich that day.
Cross-examined by MR. ALLEY. Q. You went there in consequence of his wife directing you there? A. Yes, and I found the keys in his pocket - he made no attempt to escape.
MR. FRANCIS HOBLER . I am clerk to the Lord Mayor. On the 3d of August the prisoner was brought to the Mansion House; I took down his examination. (Reads.)
The prisoner being asked to account how he became possessed of the note, says "I took it in Paris, of Emerick, two months ago at a banking-house, or money-changer's; I paid 2500 francks and something - it has remained in my hands ever since. I brought it with me from France. [MR. COPE here produced a letter signed CAROLINE MARSEILLES : the prisoner continued] - I can prove she (Marseilles) paid the money. Emerick came to me at Marseilles' - I had seen him before at the Palais Royale; he said that the 1000 l. note which had been changed at his house he wished to have the money for. I said it was a good note; he said it had been stolen; I said I did not believe it; he said it was at his banker's; I said I was going away - I would leave the amount at the hotel which Marseilles kept. I left Paris the same afternoon, and left the money with Caroline Marseilles, and she forwarded the note to me, half at a time. I had previously been to his house with Mr. Vise - he was talking with two females, and asked them what they would give for a large note - they agreed and he had the money. The man came to me the following day. I might have been to his house before, to change a 5 or a 10 - he expressed dissatisfaction at the note; I asked if it was a forgery - he said he believed it was stolen - I wanted an English note. Vise had left Paris for some days. I was not present if it was offered a day or two before. I know I was there; I did not know where Vise was - it was William Vise - he lives at Islington, and is a haberdasher.
Cross-examined by MR. ADOLPHUS. Q. You do not mean that the prisoner delivered himself as you have read? A. It was in answer to questions. I have written the answers, but not the questions. The Lord Mayor said it became him as a man to give an account of it; the statement was not read over to him: he appears about seventy years old - his solicitor was with him. I took down what he said accurately.
MR. COPE. The letter signed "Marseilles" is not the letter the note was enclosed in, but it was found in the
same place, close to the note, which was in blank paper.Cross-examined by MR. ADOLPHUS. Q. Had he been in custody all night before he was examined? A. I took him at four o'clock, at Greenwich, dining with the officers of his parish; he was in the Compter all night.
The note was here produced, No. 302, 1000, dated 13th of October, 1824.
The Prisoner's Counsel called,
MR. THOMAS. I am solicitor for the prosecutor; I went with him to the Mart, and was next to him all the time he was there, till he left the room, after making the deposit; I was then in the auctioneer's room, under the inclosure. I observed several persons pressing on Mr. Robertson; I do not believe that the prisoner was one of them, but the pressure I allude to was before the estate was knocked down, and it being then at 85,000 l.; I thought they were persons who should not have to press up. Mr. Robertson came back afterwards, and said he had lost the notes; I ran to the Bank, and desired no 1000 l. notes should be paid. I saw nobody in the room resembling the prisoner; I do not believe he was near the prosecutor, but cannot say whether he was in the room or not. Mr. Robertson went half way towards the door, and made his way through the persons I had noticed.
MR. ROBERTSON. I found the crowd near the door very thin, so that I could have put on my great coat.
NOT GUILTY .