24th October 1821
Reference Numbert18211024-51
VerdictGuilty > with recommendation

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1324. JOSEPH SOUTH was indicted for that he, on the 28th of August , at St. Marylebone , feloniously did dispose of and put away a certain forged and counterfeited Bank note, for payment of 10 l. setting it forth (No. 13,733, dated 13th February, 1821, signed W. Whiting), with intent to defraud the Governor and Company of the Bank of England , well knowing the same to be forged and counterfeited .

SECOND COUNT the same, only calling it a promissory note for payment of money, instead of a Bank note.

TWO OTHER COUNTS the same, only stating his intent to be to defraud Richard Tucker .

MR. REYNOLDS conducted the prosecution.

JOHN GRIFFIN . I am shopman to Mr. Richard Tucker, of Budge-row, Walbrook , stationer . On the 28th of August last, between four and five o'clock in the evening, the prisoner came to the shop and asked for a ream of elephant paper, I asked the price, he said 30 s.; I asked who for, he said " Isaac Lyons , in the Kent-road" - I said, I understood Lyons's name to be Moses; he said "No, it is Isaac" - we dealt with Moss, or Moses Lyons , in the Kent-road. I told him Lyons never used paper of that price, he said it was to hang in single sheets; this put me off my guard - I went into the counting-house, wrote the bill of parcels in the name of Isaac Lyons , and wrote a receipt. He tendered me a 10 l. note, I said I should write Isaac and Moses Lyons on it; he said, "Very well" - I then asked his own name, he said " Joseph South , paper-hanger" - I then wrote that on the note, gave him a check for 7 l. 5 s., on Sikes and Co., drawn by W. Dennis, a sovereign, and a dollar, the paper being 30 s. He took the paper and left the warehouse, it weighed about thirty-four pounds - I went immediately through the back part of our warehouse into Cloak-lane, and met the prisoner without the paper; I was surprised at meeting him without the paper, I turned round, be endeavoured to shun me, and ran away - I returned to the warehouse, and asked Mr. Tucker to go to Sikes's to stop the check.

Q. How long was it from the time he left your house till Mr. Tucker returned from the banker's - A. The whole transaction did not last above a quarter of an hour or twenty minutes (looks at a note) this is it; it has " Isaac Lyon , Moses Lyon , 28th August, 1821. Joseph South, paper-hanger" on it - I wrote that in his presence, before it went out of my hands.

THOMAS TUCKER . I am the son of Richard Tucker . On the 28th of August, I went to Messrs. Sikes's, to stop payment of the draft; I went immediately, ran all the way, but found it had been paid.

MOSS LYON . I am a paper manufacturer, and live in the Kent-road. I know the prisoner; on the 28th of August, he did not live with me, I had not sent him to Tucker's for any elephant paper; he was in my service for two months about two months before that - I had not seen him since he left me, I never sent him any where with a 10 l. note in my life; I deal with Mr. Tucker, there is no other paper-hanger of my name in the Kent-road, nor any Isaas or Moses Lyon - I have lived there near eighteen months; I have no doubt but that he knew I dealt with Tucker. Tucker was daily sending me goods. I believe while he lived with me Tucker sent some goods in a cart with his name on it - I never sent the prisoner there.

CHARLES DUPLOCK . I am a collector of taxes, in the Kent-road, and have been so ten years. I know no Lyon a paper manufacturer in the Kent-road, but the witness, Moss Lyon - I collect for the whole of the Ward, which is in the parish of St. George, Southwark; Moss Lyon lives in that parish, it is the Old Kent-road, and goes from Kent-street to the Green-man turnpike; the New Kent-road goes from the Elephant and Castle to the Bricklayer's Arms.

MOSS LYON . I know the New Kent-road, there is no

paper-hanger in that road of my name - I know of no such name, I mean surname.

WILLIAM WARD . I am a grocer, and live on Fish-street-hill. The prisoner came to my shop on Monday, the 10th of September, at eight o'clock in the morning, to purchase twelve pounds of 8 s. tea and a loaf of sugar; he said it was for a person named Reily, of Finsbury, and he should pay for it; it was to be packed to go into the country; Mr. Reily was a customer of mine. He tendered me a 10 l. bank note, I took it in my hand, and thought it was forged; I sent it to a neighbour by John Maylard , my shopman, he returned, brought it with him, and said in his presence, that it was forged - I then asked him particularly if he came from Mr. Reily, he said "Yes;" and I thought his story so good, that I believed him, gave him the note again, and sent Maylard with him with the goods to ascertain whether his story was correct - he took part of the goods and Maylard the rest - Reily was a customer of mine.

JOHN MAYLARD . I am shopman to Mr. Ward. On the 10th of September, the prisoner came to the shop, my master sent me with a 10 l. note to Mr. Flint's. I shewed it to his young man in the shop, it was never out of my sight - I brought back the same note, and afterwards went out with the prisoner and the goods towards Finsbury-square, and in the way I asked him several times if Mr. Reily was busy, he said They were not very, at present. Before we got to Finsbury, he wanted to turn down a stable-yard in Little Moorfields, as he said Mr. Reily was down there, and he would go to him; I said I should not allow him, he must go to Mr. Reily's - we went, he was at home, and said in his hearing, that he knew nothing of him, and never sent him - I said, you said you came from Mr. Reily; Mr. Reily then asked him who sent him, he said a gentleman in the street, whose name he did not know - I told him to return the note to Mr. Reily, as he said he had it from him, he said he should not; I said "Have you got the note?" he said "Yes" - I then told him he must go back with me to Mr. Ward, he objected to go; I said if he did not, I would send for an officer, and then he went quietly back to Ward's, who sent for an officer - before the officer came, Mr. Ward searched his pockets but found nothing; I asked what he had done with the note, he said he had thrown it away - the officer found nothing on him.

DANIEL BOGGIS . I am a constable. I was sent for, and searched the prisoner at Ward's, but found nothing - I heard him say he must have lost the note out of his pocket.

JOHN MAYLARD . Before the officer came, he said he threw it away. When he was first asked, he said he must have lost it out of his pocket - Mr. Ward questioned him, and then he said he threw it away - I do not recollect hearing him say any thing to the officer.

MR. WARD. I searched him and found nothing - I asked him what had become of the note, he acknowledged that he had thrown it away; this was before the officer came - Mr. Reily has dealt three or four years with me.

JOHN REILY . I am a sadler, and live in Finsbury-place. The prisoner lived errand-boy with me about four years ago - I dealt with Mr. Ward at that time, I believe - I did not send him to Ward's on the 10th of September for any tea and sugar, nor give him any 10 l. note for any purpose whatever - I might have had occasion to go to a livery stables that day, but not before he was brought - I had not told him he would find me at any livery stables.

THOMAS WARNER . I am a tailor, and live in Grub-street. The prisoner came to my shop, on the 24th of April, and bought a pair of trowsers for 8 s., and tendered me a 1 l. bank note, I called my wife from the back room, and asked him to put his name and address, if he pleased; he wrote on it, I believe he wrote, " Joseph South , No. 11, Great Leonard-street," and after he wrote his address, my wife put her initials on the same note, in his presence - she went for change, and returned saying, in his presence, that the person told her it was not worth a farthing. He had left the shop, and came back in five minutes, and asked for his change, then she told him so, and said, "You must go with me to the person to prove I had it of you." I took him to the shop, and had him taken.

REBECCA WARNER . I am the wife of the last witness, The prisoner came to the shop. I put my initials on the note, (looks at one) this is it, it has R. W. the prisoner had first written on it - I went out with it, brought it back, and told him it was a forgery - he held his hand out for it, and said he would get it changed. I would not give it him.

JOHN STILWELL . I am a patrol of Cripplegate. On the evening of the 24th of April, the prisoner was given in my charge, at Stevens's wine vaults. I heard the charge against him; I asked him after we got out of the shop, where he had taken the note - he said of his master, on the Saturday evening before, Mr. Turnor, a paper-hanger, at the corner of Queen-street, Lincoln's Inn-fields, for wages, and if I would go there with him, he dare say his master would be at home - I went up with him, but Mr. Turnor, was not at home; a woman there said he had worked there, but had not been there for two or three days, (I believe this was on Wednesday evening), she could not tell whether Mr. Turnor had paid him any wages, on the Saturday night or not. I accordingly brought him back to Warner's, he was not at home, and as he said he did receive it from his master, I kept the note and let him go, on his saying he would appear next day at Guildhall, with his master, and bring another note with him; previous to my letting him go, I asked where he lived, and to the best of my recollection, he said, No. 1, Garden-row, Willow-walk, Leonard-street, Shoreditch; I went there next morning, about nine o'clock, found he did live there, but was not at home - I then went to Mr. Turnor's. I attended at Guildhall, at eleven o'clock - I had told him to be there about half-past eleven o'clock, he never came; I was there till half-past twelve or one o'clock. I went in search of him, and found him that night at twelve o'clock, in bed at a public-house in Newgate-market (they let out lodgings to single men). I asked why he did not attend, he said he could not.

AUGUSTUS TURNOR . I am a paper-hanger, and live in Queen-street, Lincoln's Inn-fields. The prisoner had worked for me. On the Friday previous to his being taken up, I had sent him about ten miles out of town, and I supposed him to be continuing at that job when the officer brought him to the house. I had not seen him from the Friday till he was in custody, nor had I given any him 1 l. note on the Saturday before for wages, the party in the country were to pay him as a journeyman. I know he went to the place in the country. I never paid him on account of that job,

but sent another person to do it a fortnight afterwards; he was employed by me last year, a good while, I discharged him in November, not having any employ for him.

WILLIAM WINTER . I keep the Angel and Trumpet, public-house, at Stepney; the prisoner came to my house on the 4th of April, in company with another young man, he ordered pint a of porter, went into the yard, and dined at my house, their reckoning came to 3 s. 8 d.; the maid servant brought me a pound note, I took it directly to the prisoner in the parlour, and told him I could not change it, they both said they had no silver, and asked if I could not get it changed; the prisoner put the note to me and told me to get it changed. I went to Mr. Christian's for change, he gave his opinion on it - it was not out of my sight - he came back with me having it in his hand. I endorsed it with my initials and then Christian said it was forged. I asked the prisoner where he got it? he said of some person in Holborn, who I do not recollect. Christian said he should detain them, he searched them and found above 30 s. in silver, 18 d. on South and the rest on the other man, named Parsons (looks at a note.), this is it; they were taken in custody and afterwards discharged.

ROBERT CHRISTIAN . I am a headborough, and live at Mile End, Old Town. Winter brought me the note, I went back with him to his house, marked it and he did the same (this is it). I found the prisoner and a young man there, I asked who the note belonged to, the prisoner said it was his, and that he had it of his uncle in Holborn, to the best of my recollection, but before the Magistrate he said he did not say he had it of his uncle, but of a person in Holborn. I found 1 s. 6 d. in silver on him, and above 30 s. in silver on Parson's, two new black silk handkerchiefs, and a pair of new yellow gloves. I took them in custody; they were afterwards discharged. After the examination at Shadwell office, I searched them again, and found ten of the 30 s. which Parsons had, on South; this was the same day; they had had some refreshment; Parsons only had 18 s. then. I wrote my name on the note.

THOMAS LONGSDON . I am a grocer, and live in Tabernacle-walk. I know the prisoner, he came to me with a 10 l. note on the 13th of February last, in the evening, and asked if I could give Mr. Bolton change for it; knowing Mr. Bolton to be a paper-hanger, of the City-road, I said Yes, and did it. When I gave him the change he said I might put his own name on it. I knew his name and put it on it. I knew he worked at a paper-hanger's, but did not know him to be in Mr. Bolton's service.

JOHN BOLTON . I am a paper-hanger, and live in the City-road. The prisoner worked for me about six months before last February, as a journeyman, he finally left me at that time. I did not send him with a 10 l. note to Longsdon on the 13th of February. I know Mr. Longsdon as a neighbour, he lives about two hundred yards from me - I do not deal with him. The prisoner behaved very honest while with me - he did not live in my house.

THOMAS GLOVER . I have been an inspector of Bank notes for twenty-seven years (looks at the note uttered to Tucker) - this is forged in every respect, it is neither Bank plate or paper, it purports to be the signature of H. Whiting, there is such a person in the Bank, he is not authorized to sign 10 l. notes. I am well acquainted with his hand-writing, it is not his.

HENRY WHITING . I was originally a signer of 1 l. and 2 l. notes; the signature is not my hand-writing - there is no other person of my name in the Bank.

MR. GLOVER. (Looks at the one uttered the 25th of April.) This is forged in all respects, it is signed J. Lambert; he was a signer of 1 l. notes - this is not his writing - he was not authorized to sign 1 l. notes on the 14th of February, the date of the note (Looks at the other 1 l. note). This is forged in every respect, it is signed G. Gardiner; there was a clerk of that name authorized to sign 1 l. notes, but it is not his writing. The 10 l. note uttered to Longsdon is also forged in every respect. The two 10 l. notes are not both off one plate, one is dated 13th of February, 1821, the other the 10th of February, 1818.

(Note read.)

Prisoner's Defence. I own going to Longsdon to change a 10 l. note for a young man, but did not mention Bolton's name. I gave the change to the young man who sent me, he is now transported, he gave me 4 l. for it. Longsdon sent to my mother's, I went and paid him the 4 l. again. I am quite innocent of it.

THOMAS LONGSDON . I am sure he mentioned Bolton's name.

GUILTY . - DEATH . Aged 16.

Recommended to Mercy.

London Jury, before Mr. Justice Park.

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