28th October 1830
Reference Numbert18301028-12
VerdictGuilty > with recommendation; Not Guilty

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Second Middlesex Jury, before Mr. Justice Park.

1852. ELIZABETH GRAHAM and ANN GRAHAM were indicted for that they, on the 16th of October , at St. Marylebone , feloniously did offer a certain forged order, for payment of money , which is as follows: No. London, No. 4 Whitehall, August 5th, 1830,

Messrs. Cockburns and Co., Pay Mrs. Smith, or bearer, Eighteen Pounds. CHAT. FENNESSEY. And also a certain other forged order, for the payment of money, which said last mentioned forged order, for payment of money, is as follows:-

No. London, No. 4, Whitehall, August 8th, 1830.

Messrs. Cockburn and Co., Pay Mrs. Cumnes or bearer, Thirteen Pounds. C. M. FENNESSEY. they well knowing the said forged orders, for the payment of money, to be forged, with intent to defraud Charles John Brooks ; against the Statute, &c.

2nd COUNT, the same, only for uttering instead of offering.

3rd and 4th COUNTS, like the first and second, only with intent to defraud Robert Fennessy instead of Charles John Brooks.

5th and 6th COUNTS, the same as the first and second, only with intent to defraud James Peel Cockburn and others.

EDWARD HANDLEY . I am assistant to Charles John Brooks , a linen-draper , of Oxford-street. On Saturday, the 16th of October, about three o'clock in the afternoon, both the prisoners came to the shop-Elizabeth asked me if I would take a cheque for drapery goods; she had not then bought any - I said if we had any knowledge of the parties we had no objection to take it; she took her pocket-book out, took these two cheques from it, and gave them to me - I sent them to Cockburn and Co.'s, bankers, at Whitehall, and in the mean time showed them the goods they wished to look at; they purchased to the amount of about 7l. - they both purchased cloaks, shawls, and other things; I asked Elizabeth if either of the names the cheques purport to be drawn in favour of was her name; she said they were not, she had received them from her mistress - she did not give her mistress' name; they were more than an hour in the shop, looking at things, and did not offer to go away; the boy returned from the banker's, and stated the cheques to be forged - they were not aware of my having sent the boy: he produced the cheques.

Q. Did their looking at the goods occupy an hour? A. We were extremely busy, and I apologised for detaining them, as I served other ladies at the same time - when the boy returned I told them we had sent to the bankers's, and they had pronounced them to be forged -Elizabeth said they were not forged; we sent for an officer, who came and took them both into custody, with the cheques - they both stood close together when the cheques were tendered to me.

Cross-examined by MR. PHILLIPS. Q. You had all your conversation with Elizabeth? A. Yes - they staid there during the hour of their own free will; all Ann did was to look at the goods with the other - she negociated no cheque.

COURT. Q. You amused them by saying you had other customers to serve? A. Yes; our shop is not more crowded on Saturdays than on other days - three o'clock is a busy time.

WILLIAM FYSON. I am a Policeman. I went on this Saturday afternoon to Mr. Brooks', and saw the prisoners there; I was asked to take them into custody for uttering two forged cheques - they got up, and went with me immediately; Elizabeth said she was very willing to go, and as we went along she said she was sorry she had offered the cheques - if she had known they had been had she would have destroyed them, and at the office she told me she had found them in Hyde-park; Ann was near enough to hear this - she said nothing in my hearing; I produce the cheques - I have had them ever since, except for about a day and a half, when they were in the hands of Mr. Stafford, the clerk of Bow-street; I put my mark on them before I parted with them.

Cross-examined. Q. They went willingly, without any resistance at all? A. Yes - the conversation was with Elizabeth entirely.

HENRY THOMAS FOREMAN . I am cashier at Messrs. Cockburn's, No. 4, Whitehall. We have an account in the name of Charlotte Matilda Fennessy - I am well acquainted with her hand-writing; I have paid many cheques to her order - (looking at the cheques) neither of these are her hand-writing certainly; she lives at Wilton-place, Knightsbridge.

Cross-examined. Q. I understand it is not her name exactly? A. The name in the cheque ends sey, she spells it sy.

MRS. CHARLOTTE MATILDA FENNESSY . Neither of these cheques are my hand-writing - I am married, but Mr. Fennessy is a King's messenger , and mostly abroad; I am in the habit of drawing cheques in my own name - the prisoner Elizabeth had been my servant of all work; she had left on the 13th of October, which was the Wednesday before; I did not pay her either of the cheques - she gave me notice herself on account of ill health; I paid her 2l. 6s. or 2l. 8s. - I am sure I gave her neither of these cheques; they are printed - she could get at my cheques, as I left my book laying about.

Cross-examined. Q. I believe you had a character with her? A. I had a very good one, and continue to give her that character myself as far as I know - I generally pay my cheques to my tradespeople; I am generally alone when I sign them.(The cheques were here read.)

The prisoners made no defence, but one witness gave Elizabeth a good character.


Recommended to Mercy by the Prosecutrix and Jury, on account of her character, and the temptation caused by the cheques being left about .


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