14th August 1871
Reference Numbert18710814-620
VerdictNot Guilty > unknown

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620. WILLIAM PAYNE (54) , Unlawfully obtaining, by means of false pretences, from William Thomas Bigsby, 11s. in money, with intent to defraud.

MR. T. GOODMAN conducted the Prosecution; and MR. KELEY the


HBNRY WHITTY . I am a general dealer, and live at Sussex Place, Commercial Road—I am not a decorator or painter—I know the prisoner—I saw him about the middle of May—he asked me whether he could send me any varnish or dryers—I said I had no use for it—he said "I shall send them in" and I distinctly told him I should send them back if he did—Mr. Hobbs was present at the time—it was in the Brewery Tap, in the Old Kent Road, on 27th May—I never gave any orders to Mr. Bigsby for any such goods, and I never authorized the prisoner to do so—I never had any application for payment of any goods from Mr. Bigsby.

Cross-examined. I have had some transactions with the prisoner—I was going to open a shop as a confectioner and tobacconist, which he knew—he went with me to the landlord, and represented what I was going to open it an—I attend sales and buy anything—I did buy some varnish about the beginning of May—I had only known the prisoner a fortnights—he was introduced to me by a friend of his that I had the varnish from—I gave the prisoner some hoop rings to sell for me; nothing else—I went to Mr. Bigsby's to inquire after the rings, and he said they had been returned long ago—I did not ask him why the varnish had not come—the hoop rings were the only things the prisoner had to sell for me on commission—he kept them, and I never had them from that day to this—I refused to have the varnish—I did not ask him why it had not come in.

Re-examined. I had paid for the other varnish six or seven weeks before, and that transaction had been entirely closed—I knew the varnish was no use to me, and my refusal to take it was the last words I had with him.

JOSEPH HOBBS . I was in the Brewery Tap, in the Old Kent Road, on 27th May—I heard a conversation between the prisoner and Whitty about some varnish—the prisoner wanted an order, and Mr. Whitty said "It is no use sending it, I shall send it back."

Cross-examined. I was not examined before the Magistrate—it was a sort of friendly transaction—one said he would send the varnish, and the other said it was no use.

WILLIAM THOMAS BIGSBY . I am a varnish manufacturer, at Deptford—my son engaged the prisoner, as commercial traveller, on 7th March last—he brought an order on 27th May to my daughter—I had nothing to do with that part of the business.

WILLIAM BIGSBY . I am the son of the last witness—I engaged the prisoner about the commencement of March, entirely on commission—he was to receive 10 per cent, on orders which he took for vinegar and dryers—he brought this order on 27th May, for Mr. H. Whitty, decorator, 31, Mansion House Street, 1 cwt. of dryers, and some varnish, amounting to 5l. 10s., exclusive of packages, upon which no commission was payable—I went with the carman to deliver the goods, on 6th June—I found the

shop shut, and the house apparently empty—I received no answer—I waited a few minutes, and took the goods back again—when the prisoner called on 3rd June for the balance of his commission, I said that Mr. Whitty's order had not been delivered, but he had received the commission on it—the prisoner said "Yes, don't send the goods for a day or two, I will bring the fresh address of Mr. Whitty, 11, Sussex Place, Commercial Road, Peckham"—that was where I took the goods—he was paid 10s. commission on 27th May, the day he brought the order, and on 3rd June he was paid the balance, 18s., including Mr. Whitty's, and another order or two—11s. was due to him on Mr. Whittys order—he received 10s. on 27th May, and 1s. on 3rd June—Mr. Whitty called at my father's place on 13th June—the prisoner was not present.

Cross-examined. I remember when Mr. Whitty called; it was about some rings—he said he had called for a cheque for some rings—the prisoner had brought the rings in, and asked whether we could purchase them—I told Mr. Whitty that the prisoner had given an order for varnish for him, and he said he had never ordered the goods—it was customary to pay the prisoner every Saturday on orders brought in up to the Friday evening—he brought Mr. Whitty's order on Saturday, 27th May—he was not paid all the commission on that order, then—after the order was booked he asked if I would let him have some cash—he had overdrawn his commission at that time, and there was nothing due to him except the commission on Mr. Whitty's order—it was on the following Saturday the prisoner told me not to send the goods till he changed his address—I understood the order was to remain a day or two until he brought an amended address—the goods were sent on 6th June—I accompanied them—he gave me an amended address on the 5th, and I told him the goods should be sent in the next afternoon.

COURT. Q. Did he do business between 7th March and 27th May? A. Yes—he brought many orders—there was some difficulty in collecting the accounts—some weeks the prisoner took 2l.—I had paid him about 9l., the week ending 27th May—on the day he gave the order in he was 6s. 6d. in arrear.


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