11th June 1829
Reference Numbert18290611-319
VerdictGuilty; Not Guilty

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1316. EDWARD MARTELLY and HENRY JUBILEE CONWAY were indicted, for that they, on the 29th of April , at St. Paul, Covent-garden , feloniously did falsely make, forge, and counterfeit, and did cause and procure to be falsely made, forged, and counterfeited, and did willingly assist in the false making, forging, and counterfeiting a certain order for payment of money , as follows:-London, 29th of April, 1829.

No. 59, Strand. Messrs. Coutts and Co.

Pay to Mr. Arlett or bearer, Two Hundred Pounds.

£200: 0: 0. T. HAMLETT.

with intent to defraud Sir Coutts Trotter , Bart. , and others; against the Statute.

SECOND COUNT, that they, on the same day, at the same parish, feloniously did offer, dispose of, and put away, a certain false, forged, and counterfeited order for payment of money, well knowing the said last-mentioned order to be false, forged, and counterfeited, (setting it out as before,) with intent to defraud Sir Coutts Trotter, Bart., and others; against the Statute.

THIRD COUNT, like the second, only calling the forged instrument a warrant, instead of an order for payment of money. (See page 600.)

MESSRS. BRODRICK and LAW conducted the prosecution.

CHARLES BOLTON. I am a clerk at Messrs. Coutts and Co. Sir Coutts Trotter, bart. is one of the partners - he has other partners; Mr. Hamlett, the jeweller, of Princes-street, keeps an account at the house - Mr. Hoper keeps an account there, and I believe he lives in Old Burtington-street. On the 29th of April, this cheque (looking at it) was presented at our house for payment by the prisoner Martelly - I looked at it, and as soon as I saw it, I knew it was not the hand-writing of Mr. Hamlett. and asked him who he had brought that from - he said, "The person there," making a motion with his arm, by which I supposed him to mean the person named in the cheque, which was either in my hand, or lying on the book immediately before me: I asked him, "Who is Mr. Arlett;" he said,"A gentleman or person at the door;" I said, "Do you live with Mr. Arlett;" he said, No - I said, "Do you know

Mr. Arlett;" he said, No - I said, "Then where are you to take him this money?" he said, "At the door, or if I find he is gone, I am to take it on to him at Raymond-buildings;" I then said, was it not extraordinary that a person entitled to receive that sum should come to the very door, and ask a perfect stranger to come in and receive it for him? he said in a sort of indifferent way that he did not know - he stated that he was coming along the Strand, and that the gentleman told him that his handkerchief was hanging out; that he thanked him, and they fell into a conversation, in which he told the gentleman he was out of a situation, or in want of a situation, and the gentleman asked him what situation he had been in, and what sort of a hand he wrote, and, on being told the gentleman said he thought he knew of a situation that might suit him, and that the gentleman then asked him to come in and receive the money for this draft, and when he received it, he was to take it to him at the door, and if he found he could not wait, and was gone, he was to take it on to him at Raymond-buildings - I told him if he had any thing further to say, he could say it to one of the partners, if he would step in with me to one of them, which he was very willing to do; he followed me in to one of the partners, and gave the same account of it - Stevens, the officer, was sent for from Bow-street, and he was detained.

Cross-examined by MR. CLARKSON. Q.You did not go to Newgate to see Martelly afterwards? A. No; Taunton, the officer, is here - I believe he has been engaged in this investigation.

SAMUEL STEVENS. I am a constable of Bow-street. I was sent for on the 29th of April to Coutts', and took Martelly in custody; I told him I was an officer of Bow-street, and came respecting the cheque - I asked him who he received the cheque from - he said he was in the Strand looking in at a shop window, and a person tapped him on the shoulder, and told him his handkerchief hung out.

Q.Was any name mentioned to you after that by the prisoner? A. Yes; when I asked him who he received the cheque of, I understood him to say Mr. Arlett; I asked where he lived - he said No. 6, Raymond-buildings, Chancery-lane; I took him into custody at Coutts' house- I took him to the door, and asked him to look round, and see if he could see the person who he could recognize as giving him the cheque, as he had said the person was waiting at the door - he looked round, and said he saw no one; he described the person as a tall man, about forty or forty-five years of age, pointing to one of the clerks at Coutts' as being a man of the same description; I took him to Bow-street, got the assistance of another person, and then went with him to No. 6, Raymond-buildings, - I found nobody of that name, or like it, but at No. 5, the name of Arlett was on the door, but I ascertained that he had gone to reside in James-street, Bedford-row - the prisoner was kept in custody.

Cross-examined by MR. CLARKSON. Q. Do you mean to say he said he had the cheque from Arlett, or that was the name the person gave him? A. He said he had it from a person named Arlett; I asked if he knew the person who gave him the cheque - he said he did not, but he told him he resided at No. 6, Raymond-buildings.

Cross-examined by MR. PHILLIPS. Q. You went to the door with him; there was nobody answering the description he gave you? A. No; I did not look - he was to point him out.

MR. JOHN ARLETT . I am a solicitor, and live at Ware-In September last, I had an office in Raymond-buildings, No. 5 - I removed from there in October; I do not know Martelly - I never saw him before this examination, nor had I ever seen this cheque before that.

THOMAS HAMLETT, ESQ. I am a jeweller, of Prince's-street, Leicester-square. The signature to this cheque is not my hand-writing, nor the hand-writing of any person authorized to draw cheques for me - it is a little like my mode of signature, but entirely differs from mine altogether; I bank at Coutts', and had an account there on the 29th of April - this letter, signed " T. Hamlett," is not my hand-writing.

Cross-examined by MR. CLARKSON. Q.Does the letter bear a resemblance to your writing? A. It is a little like it in the mode - the cheque is not signed so large as I sign; I should think the cheque and letter were written by the same person - I did not go to Newgate, nor send any body, or know of any body having been there.

GEORGE COOMBS. I am in custody - I have been acquainted with Martelly nearly three months; I have known Conway two years and a half or three years - our acquaintance ceased for about a year and a half, and I became acquainted with him a few months since: I and the two prisoners frequented a coffee-shop in Pickettplace, Temple-bar; we were there often together, generally in the evening - in April and May we met there several times; I have seen the prisoner Martelly there in March - I did not see Conway there in March; I do not know where Conway lived in March - I might have seen him about the latter end of March; I was living at that time with Mr. Busby in the Temple - Conway told me he lived at No. 9, John-street, Adelphi; I went there to see him about the beginning of April - I did not see him there before that time.

Q.Was any thing said at any time by Martelly relative to any transaction at Coutts'? A. About a week before last Easter; we were all three together at the coffee-house in Pickett-place, about six weeks since, I think; Martelly asked Conway if he could not commit another forgery - Conway said he had no wish to commit another forgery and I said the same; Martelly said he was very much in want of money, and must have some - we refused, and the conversation ended: we met there several times after, and the subject was repeated by Martelly several times after, and Conway and I refused each time; Martelly said he could obtain a blank cheque-book from Coutts', in the name of Mr. Hoper, who banked there; we met at the coffeeshop one morning together, and went out together, Martelly, Conway, and myself; we went towards the Park, and in St. James'-park Martelly said to me that he had got a cheque-book - he pulled it out of his pocket, and showed it me: Conway was present - it was a cheque-book of Coutts': it contained these cheques - he said Conway was going to put his signature to one of them, and that he, Martelly, should present it; I told Conway he was very foolish if he let Martelly persuade him to put the signature - no signature was mentioned; I left them, and said I gave my refusal to have any thing to do with it.

Q. You say he proposed it to you several times, and you always refused - what was it he proposed to you? A. To get the consent of Conway to put the signature on the cheque; that was the subject he always spoke to us about- I saw Conway the next afternoon, about half-past five o'clock: he said that Martelly had presented the cheque that afternoon at Coutts' - that he went with him to the door, and waited a long time, half an hour I think he stated; and that he saw him come out with a person who had hold of his arm; that he watched them, and saw them go into Bow-street: I told him I did not think he would have been persuaded by Martelly to put the signature: he said he was very sorry for it then: I saw Conway again next morning; we saw the account in the paper of Martelly being taken into custody - Conway came to me at the coffee-house several times after that, and said he wished me to come over to Martelly's sister, at No. 9, Surrey-row, Blackfriars-road - that he wanted me to write a note to Sir Richard Birnie ; he said he was to put the signature, which when Sir Richard Birnie received the note he would find it corresponded with the signature on the cheque; I agreed to go over, and went over with him; I saw Martelly's two sisters - Conway was with me: it was the first time I had seen Mrs. Pearce, Martelly's sister - she went and fetched a sheet of paper, brought it, and said she had been instructed by her brother to get me to write a note, and Conway was to put the signature to it; this is the note (looking at it) the body of it is my hand-writing, and the signature Conway's; I folded the letter up, directed it, and put it into the post in Portugal-street, Lincoln's Inn-fields; I was afterwards taken into custody - before that I had written a letter to Salmon.

Cross-examined by MR. PHILLIPS. Q. You refused to have any thing to do with it? A. I did - it was because I thought it dishonest; that was the reason, and my only reason; after I had participated in one forgery, I did not wish to do any thing dishonest - I cannot tell how many crimes I have done myself; I certainly have done things which render me liable to be called a dishonest character; I have done some few things - I was dismissed from Mr. Busby's for being deficient in the sum of ten guineas; it was certainly a robbery - Mr. Busby has received the money since: I had received his fees, and never told him of it; I have heard, from very good authority, that fees which Mr. Busby acknowledged were coming to me when I left, were upwards of 20l.; I have heard clients have paid those fees, which Mr. Busby has kept back to repay himself -above 20l. was due to me for fees when I left, and I received nothing but the fees when in his employ; I swear that different clients owed me 20l. in fees - Watson and Broughton, of Falcon-square, owed 6l. for my fees, as clerk's fees, not Mr. Busby's; they owed that at the time I left; I said on the last trial, I intended to repay Mr. Busby when I got those fees; I do not think I mentioned about fees being due to me, or that any particular sum was due to me: I might say I intended to repay him when I got money - I have had money since I left him; I did not go to settle with him because I heard he had been paid; I went to ask him, I cannot recollect the day, but Mr. Busby is here - I think it was in April; I did not, settle with him - I have not been charged with any other theft; no one has accused me, nor told me I had stolen any thing - I was not accused of stealing beads from Holywell-street by Goodyear; I did not return any beads - I did take some; I had not his consent - he did not speak to me about them, nor any body else; he found out that they were gone - there was also an empty purse, there was nothing in it of any kind - it was Goodyears; I found it in his house up stairs, in the second floor bed-room, on the top of a chest of drawers - I reached them without climbing up - the door was wide open; I lodged in the house - I pledged them; I did not redeem them, they are there still - I have been out of employ about three months; Mr. Busby was the last person I was with - Mr. Hughes, of Clifford's-inn, owed me five guineas in fees; I did not receive Mr. Busby's fees on which the five guineas were due to me - I do not know why I did not mention about these fees on the former trial; I was not asked if I had paid him to my knowledge.

Q. Were you not asked by me if you had paid Mr. Busby, and you said No, but you intended when you got money? A. I will not swear that; I have come here to-day for the pure love of justice, and no other motive.

Cross-examined by MR. CLARKSON. Q. On your oath do not you come here to save your own neck? A. No, I do not; I do not expect to be prosecuted - I have not been promised that I shall not; I expect I shall not - I have seen my sister on the subject, and Mr. Butler, the solicitor; it is not in consequence of the evidence I have given that I do not expect to be prosecuted - I have been induced to give it at the entreaty of my parents, and because the prisoners have offered (I have reason to believe) to give evidence against me, that is my only reason.

Q. You said before your only reason was the pure love of justice - which of the two reasons do you stand to? A. The one I have just given, the first must have been a lie; I do not recollect swearing that that was as true as the rest of my evidence; love of justice had something to do with it - I consider I am doing justice by giving evidence, that is one reason; I wrote to Salmon, I think on the 11th of May - Martelly was in custody at that time, and I had heard the officers were after me - I had heard it about a week before; I surrendered three or four days after I wrote the letter - I had not seen the officer; I never absconded - I was not residing at any place at the time; I was compelled to get a living where I could - I was not hiding at the time I wrote the letter; I have lived on my parents since I have been out of employ - I lived very near them, at a place they appointed for me, nearly all the time.

MR. BRODRICK. Q. Is this the letter you wrote to Salmon? (producing it). A. It is; and I wrote him this one - I put the first into the post, and sent the other by a little boy; I was clerk to Mr. Busby five years and a half - the fees I mention are clerks' fees, which come with barristers' briefs; the fees I embezzled belonged to Mr. Busby - Mr. Busby has since received mine, and is not out of pocket; he never made a charge against me before a Magistrate.

HARRIET PEARCE . I live at No. 9, Surrey-row, Blackfriars-road, and did so in the beginning of May - I saw Coombs there in May, and a young man with him, who, he said, was named Conway; he said so in the presence of that person - I stated at Bow-street I was not positive of that being the prisoner.

Q. What is your belief? A. Why, on the previous evening a person called, and said his name was Conway, and I doubted it - I cannot say positively; the prisoner is the man I saw at Bow-street.

Q.Now, on the oath you have taken, do you or do you not believe that person to be the same young man you saw at your lodging in company with Coombs? A. I cannot swear to him; if I judge from what I have heard, I must believe it was him.

Q. From your recollection of the person at the time, what is your belief? A. I do not believe it is him, because he is very much altered if it is him; the lad that came with Coombs was fresh-coloured, and, as far as my recollection goes, was dressed in a surtout coat - I really have a doubt of the prisoner being the person, and should not like to take a solemn oath about it - I believe Coombs to be the person, but do not recollect Conway to be the person - I am half-sister to Martelly; I was by the same father - Coombs wrote a note in my presence; Martelly was in custody at the time - it was on Tuesday, the 4th or 5th of May - I believe this to be the note I saw Coombs write - the young man who was with him signed it; I saw him sign in a slanting direction, but I did not read the name he signed; I knew what the letter was about; I knew the first sentence, but I did not read the whole; I was not desired to have the conversation with them, at the request of my brother - it was of my own accord - I heard my brother was committed to Newgate for trial; I called on him, and asked if he was innocent; he said he was, and if I could find the young man, he could inform me he was; and if I enquired of the mother of the young man named Conway, I should find Coombs' address.

SAMUEL HERCULES TAUNTON. I am a Bow-street officer. I apprehended Conway in Great Suffolk-street, Borough, No. 96; he lodged in the front room first floor; in consequence of information I searched the privy in the yard, and found thirty-eight cheques and this paper with them; I received this note (looking at it) from Sir R. Birnie, on the 11th of May - I found this letter on Conway.

Cross-examined by MR. PHILLIPS. Q.Conway lodged there: then it was a lodging-house? A. Yes; I did not inquire how many persons lodged there; there might be several for what I know - the privy is common to the whole house; I had a chimney-sweeper with me, and a person to pull up the seat - I took the cheques out myself- Conway was not present.

MR. BRODRICK. Q. Did you see him after you found them? A. Yes: I took him before a Magistrate, then returned to examine the privy - I said nothing about the cheques in his presence, except before the Magistrate - I stated in my examination that I found them there; he made no answer to it.(The letters were here put in and read, as follows:)

DEAR GEORGE - I cannot go with you over the water, having work to do, which will detain me all the morning; go to the fakement and obtain the leaf, then it will be my ingenuity that will settle the slum and put the bustle in our clyes. I am, with every feeling of gratitude, your's faithfully, and truly for ever.


Have pluck; when done bring the leaf to my house - will be at home all the morning. Destroy this. B. W. HORNE.

To George Coombs , care of Miss Smith.

Friday, May 1, 1829.

SIR - The young man, Marlelli, who has lately been examined upon a charge of forgery on the Bank of Messrs. Coutts and Co., and who has been committed to take his trial, the writer of this feels it his duty to acquaint your Worship, is innoccut of the charge.


SIR RICHARD BIRNIE, Police-office, Bow-street.

MR. HAMLETT. The signature to these blank cheques are not mine - there are thirty-eight all signed with my name; none of them are my writing; these cheques are not filled up with any sum.

ANDREW HINRICH. I am a solicitor. The prisoner Conway was with me about ten months as clerk; Mr. Hamlett, of Prince's-street, was at that time a client of mine, and communicated with me by letter; my clerk had opportunities of seeing the letters of my client's on business, but Mr. Hamlett signs his letters, deeds, and instruments different to what he signs his cheques; while Conway was in my service I had a cheque from Mr. Hamlett more than once, I dare say.

JONATHAN BUSBY. I keep a coffee-house in Pickett-place. I know Coombs and the prisoners by their frequenting my house for tea and coffee - they came separately, and I have seen them twice together, but not more, I think.(Cheque read.)

MARTELLY's Defence. I am perfectly innocent.

CONWAY's Defence. I am innocent.



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