OLD COURT. TUESDAY, JURY 10.
Second Middlesex Jury, before Mr. Justice Gaselee.
1606. ROBERT BLOICE was indicted for feloniously forging a half-share of a lottery-ticket, with intent to defraud John Rowland Durrant and others .
SECOND COUNT, for uttering the same, knowing it to be forged, with a like intent.
MESSRS. ADOLPHUS and PHILLIPS conducted the prosecution.
JOHN ROWLAND DURRANT . I am one of the firm of Hazard and Co.; Mr. Hazard is living, but not now in the business - I carry on the business as a stock-broker , at the Royal Exchange; Mr. Hazard was a nominal partner in 1822, when the lottery in question was drawn; the firm consisted of John Henry Hazard and two others - I have no partner now.
HENRY PUNTER . I am a clerk in the officer of Hazard and Co., under Mr. Durrant. On Monday, the 18th of June, the prisoner came to the office, at the Royal Exchange , in company with Mr. Hargood, from the Stamp-office, and presented to me at the counter, this share of a lottery-ticket; I think Mr. Hargood presented it, but he took it out of the prisoner's hands to do so - on looking at it, I could not very well make it out, and the prisoner offered me a magnifying-glass from his pocket to look at it; I perceived that it was not a proper share, before I went to look at any book, and asked the prisoner who had been altering the share - his answer was, "I have not; - I did not do it - it is as I found it, wrapped up in some brown paper, along with two 10l. Bank of England notes, in the same mutilated state in which I cut it out of a hammock belonging to my brother, who died in the West Indies," and that the notes had been taken to the Bank and exchanged; he presented another share, at the same time, belonging to Bish.
Q. Look at the left-hand corner of this half-share, and tell me what number it is? A. E 2158; that is what is called a check number, put on by the lottery-office keeper, and is the only check we have - there never was so high a number put on a half-share in our office, not of that lottery, nor for many before; I have examined the books, and find the No. 2158, refers to a ticket which was drawn a blank - I am certain this ticket is a forgery, and that it is a madeshare of several pieces; the number of the share is 7839, and under the figure 7, on looking with a glass, I think their appears the round part of a 5 - there was a ticket of that letter, No. 7839, which was drawn a prize of 10l., and being the first drawn prize on the second day, was entitled to 20,000l. more; that was shared into a half, one-eighth, and two sixteenths, which shares were duly paid, about a month after the drawing, ten years ago - I sent for Mr. Durrant, who came in, and spoke to the prisoner, in my presence; I was also present the following day, when the prisoner came with what he termed a professional geteleman, and a third person.
Cross-examined by MR. CLARKSON. Q. The prisoner not only came with a clerk from the Stamp-office, but brought you a glass to discover what the ticket was? A. He did.
MR. DURRANT. On the 8th of June I received a message, and went to my office, and saw the prisoner - I looked at the paper, and said, "Who has been at work at this?" he said, "I don't know, it is as I received it," or "as I found it, in a hammock, which came from my brother, who died in the West Indies; he worked his passage out, and is supposed to have made property there - he died there, and all I have received from him was this hammock;" I observed that the thread the share was sewed together with, appeared newer than the share - he said he did not know, it was just as he received it; I asked what he did with the hammock - he said he had no occasion for it, and sold it; I asked to whom - he said, "I don't know," or "I cannot tell;" I said, "I will give you an opportunity of doing youself justice, you shall seal up the share, and bring any person you please to advise with you on it;" he sealed it with a key, and asked me at what time he should come again - it was agreed he should come between eleven and twelve o'clock the next day, which he did, with a person named Oakley, who demanded the share, which I refused; I agreed that it should be sealed again by a gentleman present, and that Bloice should write his name on it - I offered to go before a Magistrate with him, if he chose; he declined - he said he presented the share to know what it was, and
if there was any good belonging to it, that he might receive it; he and I met, with our attornies, afterwards at the Mansion-house, and I determined, under legal advice, to prefer this indictment; every share of the ticket has been paid.Cross-examined by MR. CLARKSON. Q. Do you remember stating at the Mansion-house, that there was a great deal of hesitation in the prisoner's manner, when he spoke of its coming in a hammock, & c.? A. There was some hesitation; I had not told him it was a prize - he never told me he should summon me to the Mansion-house; he went there by appointment of my solicitor-Mr. Hobler has told me I was not entitled to hold the ticket.
HEZEKIAH HARGOOD . I hold a situation in the Stamp-office, Somerset-house. On Monday, the 18th of June, the prisoner came to the office, to have two lottery-shares examined, which is in the course of my business - it was a half and one-sixteenth; I examined them attentively with a magnifying-glass, and said I thought that one was a prize; that I had doubts as to the number, but if it was the number, it was a prize of 20,010l. - he did not express so much surprise at this as I should have expected; I went with him to Hazard's office.
Cross-examined by MR. BODKIN. Q. The numbers, I believe, are scarcely legible? A. Scarcely; our's is the proper office for persons to apply at respecting tickets - if it had been a whole ticket, I should have discovered the fraud; the prisoner brought the magnifying-glass with him - I told him the number was doubtful; the secretary came in while he was there - I showed it to him; I rather think the prisoner did not see me do that, as I was at my desk, and we were rather separated; I told the secretary that a most delapidated share had come in, and I thought it better to accompany the bearer to the office; the prisoner agreed to go with me.
COURT. Q. If it had not been paid, the holder could not have recovered any thing at your office? A. No, we only pay whole tickets.
WILLIAM BLACKBOURN . I was present on Tuesday, the 19th of June, at Mr. Durrant's, when the prisoner was there - two other persons were with him; one of whom said he was his attorney, and left his card; it was not Mr. Holbler - the prisoner said he brought the ticket to know what it was, and if any thing belonged to it, to receive it.
THOMAS WILBY . I was clerk to Messrs. Hazard's, but am now not in business. On the 18th of June I was at the office, when Bloice and Mr. Punter were there -Bloice said his brother went out to the Indies, as a sailor, and worked his passage out - that he died there; that he had set up in business, and he had no doubt had laid up considerable property, if he could come to the truth of it; I asked why he did not make some inquiry about the property - he said he had made inquiries, and could learn nothing further, than that a hammock had been sent over, and when he cut it open, it the presence of his wife, who was the only person present, he found in it these two tickets, and two 10l. notes, which were sewed together in the like manner, as these tickets are - he was asked what he had done with the notes; he said he had got them changed, he had got a friend to change them at the Bank, and had sold the hammock - he did not know to whom, or where; I am sure he said it was his brother's hammock.
WILLIAM WATSON . I am porter to Mr. Durrant. I fetched him from the Bank, and was present on the Tuesday when the prisoner came, with others; I heard him say, on the first day, that the two shares, and the two bank notes, were found in the hammock, which he had from his brother, in the West Indies, who was a sailor; that they were wrapped in brown paper, and sewn in the hammock, and he got the 10l. notes changed at the Bank. Mr. Wilby was there.
JOSEPH MATTHIAS . I am a glass engraver, and live in Red Lion-street, Christchurch, Middlesex. I know the prisoner - before he was taken I went with him to a public-house, in Brick-lane; he told me he had presented two lottery-tickets at Somerset-house; that one was a blank, and the other a prize of 20,000l.; that he went to Hazard's to claim the money (or for the money) but had not got it; I asked where he got the tickets; he said he had buried a friend of his; that there was no money to pay the funeral expences, and he took the man's effects, and among those things there was a cow-hair mattress; that having a family he ripped it open, to re-dress it, and in so doing he found these two tickets sewed to the ticking inside; that he had had them by him some time, and something latterly had occurred in the House of Commons, which enabled people to enquire about lottery-tickets, at Somerset-house; he said nothing about finding it with Bank-notes; nor did he intimate that he had found them in a hammock of his brother's.
Cross-examined. Q. Did he not say something about going to be hung? A. He said when he presented them at Hazard's office, he had a conversation, and he thought then that he was going to be hung; he said this in a jocular way; he asked if I had not heard what passed - I said No; then followed a conversation about being sent to Newgate, and about being hung; he said he presented one-sixteenth at Bish's, and it was a blank: I have been intimate with him for two years; he is a carpenter and undertaker, on his own account, in a small way, and lives in Little Somerset-street; I was never at his house; we are members of the same benefit society.
ANTHONY LUCAS . I keep a public-house, in Somerset-street, Aldgate. The prisoner came to my house ten weeks or two months ago, and said he had been burying a corpse, and, among other things, he had a chest of drawers and two lottery-tickets.
Cross-examined by MR. BODKIN. Q. Are you a little hard of hearing? A. A little - the conversation was not with me, it was said in the tap-room; I paid no particular attention to it - there were nine or ten people there.
MR. DURRANT. This apparent share is not as it was issued, it has another paper pasted on the back, and the paper is broken or torn, exactly in the same place as the share appears broken or torn - the thread appears newer than the paper; that, and more particularly the check number, induced me to suspect it was forged.
Prisoner's Defence (written). My Lord and Gentlemen of the Jury. - I am a man in very humble circumstances of life, and I am quite incapable of committing the act charged on me; the evidence for the prosecution has diclosed to you that this lottery-ticket was in my possession - and I have much to regret
that I was led to make a mis-statement of the mode by which I had obtained it; it is quite true I fond it - I found it in an old flock mattress, which, with some few other triffing effects, I had received for burying their late owner, who was a cooper, employed at Chester-quay, and this can be proved to you - the reason I stated it was a relative of my own who had died, was to prevent any unnecessary inquiries, whereby any one could make a claim - or the representatives of the deceased (if any), could molest me; and solely to avoid litigation, that I was induced to represent the deceased as a relative of my own - it is this mis-statement which has caused the present inquiry, and I hope that when my witnesses have been heard, you will be satisfied I had no participation whatever in a fraud; and that I shall receive your verdict - for I most solemnly ever to you, I am innocent of the charge alleged against me; for whether it be or not a forgery, I am as ignorant of as any one of you whom I now address.JACOB DAY . I am clerk to Mr. Barber, of Chester-quay, Lower Thames-street. A man named Banks was in his employ - he died last year; I cannot recollect the month; I was employed by Mr. Barber to see Banks interred; I employed Bloice to do it; he made an agreement with Mr. Barber to do so - I saw Banks' goods at the place where he lived; I cannot tell the name of it, but it was some where close by White Lion-street; he had a mattress among other things; he had no money, and Bloice had the mattress and other things for burying him.
MR. ADOLPHUS. Q. How long had you known Banks? A. Many years; he might have been there ten or fifteen years; he was a labourer; he had no relations that I knew of; I was never at his house till after his death; he had about 18s. a week, I suppose - I never knew him have 10l. to give for half a lottery-ticket; it was a very old mattress indeed, and torn - I believe Banks could read; I never saw him write; I told the prisoner Mr. Barber had sent me to him; I never heard him say he had any thing in the mattress, nor that he had a brother in the Indies.
JOHN BARBER . I am nephew to Mr. Barber of Chester-quay - he had a man in his employ whom they called Will, the cooper; I have since as certained his name was Banks - he died in April, 1831; the prisoner was employed to bury him - I did not myself make any agreement with him: I sent him a message, in consequence of which, he possessed himself of Banks' furniture.
MR. PHILLIPS. Q. Do you know of his having the furniture except from what you have been told by others? A. I was not present at the original bargain, but was afterwards - Day said he had a friend an undertaker; I wished him to enter into an agreement about it - I saw the prisoner myself afterwards; Banks lived somewhere near Ratcliffe - he had been in our service nearly nine years; be could read and write - he had 18s. a week at the time; we did not board nor lodge him; I never saw him with so much as 14l., nor with a lottery ticket.
MR. CLARKSON. Q. What arrangement was made with the prisoner? A. That he should take the furniture and other trifling articles, and receive 30s. to bury the man decently.
JOHN LODGE . I lodge in Leman-row, Goodman's-fields. Banks lodged in my house; he worked for Mr. Barber, and died in April - he had some little furniture, which I delivered to the prisoner, who buried him; there was a mattress, and he had that.
MR. ADOLPHUS. Q. How long had Banks lodged with you? A. Nearly two years - he brought the mattress with him; I heard nothing about a lottery-ticket being in it.
WILLIAM DODDEN . I am foreman to Mr. Harman, undertaker, Shoreditch - we furnish for Blois. In April, 1831, I took a coffin for Blois to Leman-street, Goodman's-fields, for Banks; I understood from Blois that he was to have the furniture - I heard from him, about ten months ago, of his finding two lottery-tickets; I have known him four years.
MR. PHILLIPS. Q. Where has he been living during the four years you have known him? A. He lived in Little Somerset-street, Aldgate, part of the time; I was intimate with him.
Q. Could he be four months in Whitecross-street prison for debt, within the last ten months, without your knowledge? A. He possibly might, or within three months - I think I was never more than a month without seeing him; I have not been so intimate with him till latterly; I will not say that I saw him in May.
COURT. Q. Did you ever see him with any lottery-tickets? A. No.
WILLIAM SINDERBY . I live at Derby-row, Kingaland, and am an auctioneer. I saw these lottery-tickets in the prisoner's possession about nine months ago; he showed them to me, and asked what was to be done, to ascertain whether they were prizes or not; I told him the best way was to apply at Somerset-house - he told me how they came into his possession; I went with him to Somerset house, and was informed the books belonging to the Lottery-office were gone (I think to the Treasury-office), and in all probability it might be a fortnight, three weeks, a month, or two months, before they would be returned; I have not been to Somerset-house with him since - I met him six weeks or two months ago, and he asked when I would go again with him; I said at any time that was convenient to us both - I have not seen him since; I have known him seven or eight years - he bore a respectable character.
MR. ADOLPHUS. Q. It was nine or ten months ago that he showed you the ticket, did you then go with him to Somerset-house? A. It was on the road there he showed it to me - I did not examine them, and cannot say whether Hazard's name was on them; I do not know whether I saw him in May; when I saw him, about five weeks ago, he did not tell me he had just come out of Whitecross-street; I never heard it before - he did not tell me he found them in a hammock of his brother's, which came from the West Indies; I did not take them in my hands - I saw they were stitched with thread; I consider these are the same, from the state they are in - he read no part of them to me.
MR. BODKIN. Q. What did he tell you about finding them? A. he said be buried a young man, who was clerk to some respectable house, and that the master had given him the furniture and some trifle of money in payment, and on opening the mattress he discovered a paper parcel, containing these notes; I cannot pledge myself to his precise words - I was at the Mansion-house when he was committed.
MR. ADOLPHUS. Q. Did you tell him it was his duty to go to his employer, and show him the papers? A. I did not.
JOHN OAKLEY . I am an attorney, and live in Three Crown-square, Southwark; I have known the prisoner
about three years. About twelve months ago he showed me some lottery-tickets - these are the same; he explained how he came by them; I gave him advice what to do with them - I saw him while the ticket was at Durrant's; I had seen him between those times, but not particularly on that subject, but it was mentioned - on the 19th of June I accompanied him to Mr. Durrant's, who showed me the tickets; I recognized them as the same I had seen twelve months ago, and knowing the genuineness of the tickets - Mr. Durrant said one was forged; I said I differed with him in opinion, because I considered they were good, and at all events the prisoner had not forged them, giving him as a reason that I had seen them before; Mr. Durrant asked Bloice for what purpose he presented them - he said to know whether they were good, or something of that sort; I immediately demanded the money or tickets - they were rolled up and left at the office; Mr. Durrant offered to go before a Magistrate; I said I did not know that I should adopt that course, but I would take care proceedings should be taken to compel him to do what was right; I did not afterwards go with the prisoner to the Mansion-house.MR. PHILLIPS. Q. I will be obliged to you to fix, as near as you can, about what time you saw these tickets? A. About the latter end of May, or beginning of June; I had them in my hand - I merely saw the name of Hazard on one, and Biah on the other; I did not go to Hazard's; he did not state how he came by them at Durrant's, in my presence - Mr. Durrant told me he had said he found them in his brother's hammock - Bloice was there, talking to somebody; I do not suppose he heard that; I was surprised, and I think I told Mr. Durrant that was not the correct story - I have been Bloice's attorney about three years; he is a carpenter, and worked for us - I had a suit pending for him in May last, and which is still pending; he was at my office repeatedly about that period; I cannot be certain to the month of May, it might be May or June - I saw him about that period; I am speaking of last year - I do not think I saw him last May, and do not know where he was; I had seen him about three months before the 19th of June - the law-suit is still pending, but I had no occasion to see him - he was very poor; he never told me he had come out of Whitecross-street on the 25th of May, this is the first I have heard of it - I had no affairs to settle for him there; the tickets were exactly in the state they are now - I observed no difference in the colour of the thread and the paper; I looked at that particularly at Hazard's - I cannot form an opinion on the subject - the thread does appear whiter and newer than the paper - I advised the prisoner to go to Somerset-house when he passed that way, and not to go to the office; I do not know of his having a brother in the West Indies.
MR. CLARKSON. Q. Your acquaintance began by employing him as a carpenter? A. No, he employed me first.
CHARLES COLE . I am a clerk to Mr. Gibson, merchant, Great St. Helen's, and knew the prisoner. I never saw these tickets except at the Mansion-house: he made a communication to me nearly twelve months ago about two lottery-tickets, and said how he got them.
MR. ADOLPHUS. Q. Did you ever know him in prison for debt? A. Yes, I heard of that - he asked me, about twelve months ago, to go and inquire for him about the tickets, but I did not; I never advised him to go and get the money for them - there was nothing to hinder his making inquiry himself.
JAMES DAWSON . I am clerk to Mr. Myers, an ironmonger, of Whitechapel-road. The prisoner made a statement to me last year about some lottery-tickets - I think it was in the latter end of April; he told me how he came by them.
Cross-examined by MR. PHILLIPS. Q. Did you see the tickets? A. I did; I think it was about the middle of May - I did not see the name of Hazard on them; he was on one side of his work-bench - he merely took out his pocket-book, and said, "These are what I have taken from an old mattress;" he did not ask me to go with him to the lottery-office - I am sure this was not in March; he had his pocket-book in his hand, and they were laying in the book - I saw them, but cannot say whether they were in the pocket of the book or not; I saw there were two of them; they appeared to lay flat, and to be very old - I said, "They appear to be like old country Bank notes, and I would advise you to look after them;" he told me something about a funeral the latter end of April, and in May he first spoke about the tickets.
EDWARD STAMMKRS. I keep the tap at the Blue Boar, Aldgate. The prisoner made a communication to me about some lottery-tickets; I should think it was twelve months ago, more or less - he stated how he became possessed of them.
MR. ADOLPHUS. Q. Where were you? A. At my own house - he did not produce them.
WILLIAM GRIST . I live in Talbot-court, Gracechurch-street. About two months ago the prisoner showed me two lottery-tickets; I believe these to be the same.
MR. PHILLIPS. Q. Can you give us some notion about what time it was? A. I believe it was the day the Reform Bill passed the House of Lords - I am sure I saw him that day at my employers, Messrs. Wilsons', hatters, Walbrook; it was in May - he did not caution me not to mention it; I am positive it was the day the Reform Bill passed.
ABRAHAM CARTER . I am a tailor, and live in Nassau-street, Middlesex-hospital - I am the prisoner's nephew; about twelve months ago, or rather better, he made a communication to me about two lottery-tickets, and how they came into his possession.
MR. ADOLPHUS. Q. Was it more or less than twelve months? A. I think it was about the beginning of June last year; I do not know whether he showed them to me, but he mentioned it about three times - I never knew he was in Whitecross-street prison.
MR. BODKIN. Q. Does any circumstance fix your memory on this transaction? A. I altered a coat and two pairs of trousers for him.
WILLIAM DANIELS . I am clerk at a distillery, and live in Mount-street, Middlesex-hospital. The prisoner mantioned to me about two lottery-tickets; I think it is thirteen or fourteen months ago - he told me how he found them; I did not see them.
NOT GUILTY .