<!-- © 2003-2008 Old Bailey Proceedings Online -->
<TEI.2>
<text>
<body>
<div0 id="t18870725" type="sessionsPaper" fragment="yes">
<div1 type="trialAccount" id="t18870725-787">
<xptr type="pageFacsimile" doc="188707250040"/>
<xptr type="preceedingDiv" divtype="trialAccount" id="t18870725-786"/>
<xptr type="followingDiv" divtype="trialAccount" id="t18870725-788"/>
<interp inst="t18870725-787" type="uri" value="sessionsPapers/18870725"/>
<interp inst="t18870725-787" type="date" value="18870725"/>
<join result="criminalCharge" id="t18870725-787-charge-1" targOrder="Y" targets="def1-787-18870725 t18870725-787-offence-1 t18870725-787-verdict-1"/>
<p>787.
<persName id="def1-787-18870725" type="defendantName">
<interp inst="def1-787-18870725" type="gender" value="male"/>
<interp inst="def1-787-18870725" type="age" value="43"/>
<interp inst="def1-787-18870725" type="surname" value="GARDES"/>
<interp inst="def1-787-18870725" type="given" value="ALFRED BENJAMIN GERARD"/>
<hi rend="largeCaps">ALFRED BENJAMIN GERARD GARDES</hi> (43)</persName>
<rs id="t18870725-787-offence-1" type="offenceDescription">
<interp inst="t18870725-787-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18870725-787-offence-1" type="offenceSubcategory" value="forgery"/>, Forging and uttering a receipt for the payment of 5
<hi rend="italic">l</hi>., with intent to defraud. (
<hi rend="italic">See page</hi> 254.)</rs> </p>
<p>
<hi rend="smallCaps">MR. GRAIN</hi>
<hi rend="italic">Prosecuted</hi>;
<hi rend="smallCaps">MR. ABINGER</hi>
<hi rend="italic">Defended.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18870725-name-151" type="witnessName">
<interp inst="t18870725-name-151" type="gender" value="male"/>
<interp inst="t18870725-name-151" type="surname" value="CHAZELLE"/>
<interp inst="t18870725-name-151" type="given" value="ALBERT FERDINAND, COMTE DE"/>ALBERT FERDINAND, COMTE DE CHAZELLE</persName> </hi>. I live at 45, Bedford Gardens, W., and am managing director of the Turf A B C Company, Limited, which was duly incorporated in January last—I put 700
<hi rend="italic">l</hi>. into the concern, and afterwards bought 15 shares, making altogether 2,200
<hi rend="italic">l</hi>., and my friends and relatives put in 5,200
<hi rend="italic">l</hi>.—the prisoner never put in a penny—he was appointed manager of the technical part of the business—the office was at 149, Fleet Street—I gave him cheques weekly to pay the tradesmen's accounts—his salary was 50
<hi rend="italic">l</hi>. a month—he has received the whole of it, and he also anticipated his salary to the extent of 32
<hi rend="italic">l</hi>., so that there is not a penny due to him—this paper is in his writing; it is all in French except the signature—it is "Received from Mr. Gardes, manager, 5
<hi rend="italic">l</hi>. for purchase of tubes for lift, speaking tubes and furniture, London, 8th April, 1887. Received H. Cox."—I looked at this book (
<hi rend="italic">produced</hi>) every week—it was shown to me with this entry in it: "Bill—Cox, speaking tubes, 5
<hi rend="italic">l</hi>.," and that satisfied me that the 5
<hi rend="italic">l</hi>. had been paid to Cox—after the prisoner was in custody on other matters I asked the clerk to bring me all the papers, and among them I found the receipts which have been produced—I never could obtain receipts from the prisoner, he seemed to think it very strange that I should not trust him—I have not been able to find any receipt from Cox in English—this letter of the 15th May, 1887, is in the prisoner's writing; it is in French.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I have an estate in Burgundy—this is the badge of the
<hi rend="italic">Legion d' Honour</hi> in my coat—I am a partner in a firm at Bordeaux—I came here last summer on business—the prisoner was introduced to me by the servant of one of my friends, and he told me had a scheme—this is it (
<hi rend="italic">A pamphlet</hi>)—he asked me to find money to carry it out; to make a company and I found it all three months afterwards, and the company was formed—the prisoner was the vendor and I was the purchaser—I gave him 50
<hi rend="italic">l</hi>. a month for it—this is the contract. (
<hi rend="italic">Between the prisoner and the Turf A B C Company, by which the prisoner engaged himself to the Company for two years at a salary of</hi> 600
<hi rend="italic">l</hi>.
<hi rend="italic">a year for two years, and one fully paid-up share in the Company for every preferred share issued by them</hi>)—52 preferred shares of 100
<hi rend="italic">l</hi>. each were issued, representing 5,200
<hi rend="italic">l</hi>.—the deferred shares only had value when the preferred shares were paid—I put in 700
<hi rend="italic">l</hi>. of my own money, and I bought 1,500
<hi rend="italic">l</hi>. from a gentleman—the Imperial Bank are the Company's bankers, and mine also—every
<lb/>thing is in my name; there never was any account opened for the Turf</p>
<xptr type="pageFacsimile" doc="188707250041"/>
<p>A.B.C.; there is only one account, and that is in my name—I pay in the funds I receive on behalf of the Company in my name, and the prisoner knew that—he went to Mr. Owen and said "You think the Count has 1,200 shares, but he has only 500," and I then bought fifteen 100
<hi rend="italic">l</hi>. shares of Mr. Owen, and paid him 1,500
<hi rend="italic">l</hi>. for them by giving him some bonds which he may realise to-morrow if he likes—I gave him a proxy on my income, and he was pleased with it—I did not buy the shares back in consequence of any threats—they were worth 100
<hi rend="italic">l</hi>. each, but they never were in the market—I get 40
<hi rend="italic">l</hi>. a month as managing director—the prisoner was in custody for embezzlement when the clerk found this forged receipt among his papers in his cupboard—he was acquitted—I also found 30
<hi rend="italic">l</hi>., his petty cash, which I confiscated—he was charged with 2
<hi rend="italic">l</hi>., and I found 30
<hi rend="italic">l</hi>. in his private cupboard—on the day that he was arrested a committee was going to be held, but it was postponed, and he came to me and said in joke "If you don't put the accounts in a more regular manner and pay the accounts of the Company into another account, I shall denounce you"—he had threatened to murder me two or three times before, but he never threatened to expose my irregular practices.</p>
<p>
<hi rend="italic">Re-examined.</hi> When I became acquainted with him he was in want—I was obliged to give him money the first three months to enable him to live—there is no pretence for saying that this is not a genuine Company to which I have subscribed a large sum—when I bought Mr. Owen's shares they were worth 115
<hi rend="italic">l</hi>. per share—the 30
<hi rend="italic">l</hi>. was the balance of the prisoner's petty cash which he had in hand, and therefore the Company's property—he was in custody for large embezzlements, of money which he had to pay the workmen—there is not a particle of truth in the suggestion that this receipt was written by me.</p>
<p>
<hi rend="smallCaps">
<persName id="t18870725-name-152" type="witnessName">
<interp inst="t18870725-name-152" type="gender" value="male"/>
<interp inst="t18870725-name-152" type="surname" value="COX"/>
<interp inst="t18870725-name-152" type="given" value="HENRY"/>HENRY COX</persName> </hi>. I am an electrician, of 13, Penton Place, King's Cross—in April last I did some work at the Turf Company's offices, 149, Fleet Street, for which I charged 3
<hi rend="italic">l</hi>., and had 30
<hi rend="italic">s</hi>. on account—the prisoner wrote out a receipt in English, and I signed it and gave it back to him—I am a foreigner and understand French, but this receipt is not my writing, or the one I gave him—I know nothing about it.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I am in Mr. Carver's employ, of Fitzroy Square—I did not tell them that I did the work, because the prisoner told me not—I bought my own stuff and did the work at the prisoner's request—I did not ask for it—I did the whole of the work on Good Friday—I did not receive 5
<hi rend="italic">l</hi>. for it—I did not enter the amount in a book—I put my own address in English on the receipt—he could not spell some of the words and he asked me how to spell them—two gentlemen came to me from the Company, and said, "You did some work for the A B C Company, speaking tubes in the lift; how much did you give a receipt for?"I said, "3
<hi rend="italic">l</hi>. "—this "5
<hi rend="italic">l</hi>." in the receipt looks as if it had been altered, but I swear the signature is not mine, it is the same writing as the other part—I do not owe the prisoner any grudge, he gave me the work as a kindness.</p>
<p>
<hi rend="italic">Re-examined.</hi> The signature is a very good imitation of mine—the date on the stamp is not my writing—I am sure my receipt was in English, because he asked me how to spell the words.</p>
<p>
<hi rend="smallCaps">
<persName id="t18870725-name-153" type="witnessName">
<interp inst="t18870725-name-153" type="gender" value="male"/>
<interp inst="t18870725-name-153" type="surname" value="CROUCH"/>
<interp inst="t18870725-name-153" type="given" value="JESSE"/>JESSE CROUCH</persName> </hi>. On June 9th the Count gave the prisoner into my custody in the office—the prisoner spoke in French, which I did not under
<lb/>stand—I</p>
<xptr type="pageFacsimile" doc="188707250042"/>
<p>asked him if he understood the charge—he said, "Yes," and that he wished to go before the Court at once, which he did and was charged.</p>
<p>
<hi rend="smallCaps">
<rs id="t18870725-787-verdict-1" type="verdictDescription">
<interp inst="t18870725-787-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18870725-787-verdict-1" type="verdictSubcategory" value=""/>GUILTY</rs> </hi>,—
<hi rend="italic">
<rs id="t18870725-787-punishment-25" type="punishmentDescription">
<interp inst="t18870725-787-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t18870725-787-punishment-25" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-787-18870725 t18870725-787-punishment-25"/>Six Months' Hard Labour.</rs> </hi> </p> </div1></div0>
</body>
</text>
</TEI.2>

View as Text