11th September 1828
Reference Numbert18280911-195
SentenceNo Punishment > sentence respited

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Fourth Middlesex Jury - before Mr. Justice Gazelee.

1749. WILLIAM VYSE was indicted for feloniously receiving, on the 15th of July , 30 pieces of paper of great value, (to wit) 30l. of lawful money, each of the said pieces of paper being stamped with a stamp, value 5d. the same being the stamp directed and required by the statute, in such case made and provided on every promissory-note, for the payment to the bearer on demand, of any sum of money not exceeding 1l. 1s. of the goods and chattels of John Whitehead and others, lately before stolen by a certain evil-disposed person unknown, he well knowing the same to have been stolen, and the said pieces of papers being so stamped as aforesaid, and each and every of the said stamps being at the time of committing the said felonies available and of full force and effect ; against the Statute, & c.; and that at the General Session of the delivery of the Gaol (of our late King George the 3d.) of the county of Kent, holden at Maidstone in the said county, on the 5th of August, in the 52d year of the said King, he by the name of William Wyse, was in due form of law convicted of felony.

SECOND COUNT, The same, only omitting the words used in italics, and saying, "being duly stamped as directed,&c."

THIRD COUNT, for feloniously receiving on the same day, 30 valuable securities, commonly called promissorynotes, each being for the payment to the bearer on demand of the sum of 1l. and the value of 1l. of the property of the said John Whitehead and others. lately before stolen by a certain evil-disposed person unknown, he well knowing the said valuable securities to have been stolen, &c., and the said valuable securities at the time of committing the said felonies being of great value (to wit) 30l.; against the Statute, &c.; and that he was previously convicted as above.

FOURTH COUNT, for feloniously receiving on the same day, 30 other valuable securities of great value, (to wit) 30l. of the property of the said John Whitehead and others, lately before stolen by a certain evil-disposed person unknown, he well knowing, &c.; against the Statute and setting out the previous conviction.

MESSRS. BRODRICK and RYLAND conducted the prosecution.

HENRY PARTEGER . I am clerk to Sir Richard Carr Glyn & Co. On the 21st of November 1827, they were agents to Messrs. Whitehead & Co.; they had several banks - the Stratford-on-Avon, the Shipston-on-Stour, the Chipping Norton, and the Warwick; they were in the habit of issuing 10l., 5l., and 1l. - at all these banks their 10l. and 5l. notes were payable at Messrs. Glyns; the 1l. notes were not payable there, but they were paid if presented - my business was in the country office, and to keep an account daily of all the notes of Whitehead's paid by Sir Richard Carr Glyn - they were counted separately according to each Bank; the notes are first paid in what is called the town office - I fetch them from the cashier, and take them into my office; all the notes of all the Banks are there indiscriminately put together with a ticket upon them, specifying the amount of the whole - I sort the notes of the different Banks into tens and fives, and specify the amount on the back of them, if there were ten 10l. notes, and so on- having done this, I deliver them to Holloway to copy them into the note-book - that having been done, they come into my possession again; when banking hours are over, I add up all the amounts together of one day's payment, as in this case; (producing a book) here is the amount of the 10l. notes, the 5l. notes, and the 1l. notes - they are all added up together, and then I enter them in the bill-book; the entry in the bill-book is then compared with the notebook by Holloway. On the 26th of October 1827, there were paid thirty-seven 10l. notes, thirty-nine 5l., and ten 1l. making a total of 575l.; the numbers on the back of these notes are my making - here is on the back of this"370l." that means the 10l. notes - here is 195l. that means the 5l. notes; and here is 10l., that means the 1l. notes - on the 1st of November, here is entered thirty-six 10l., thirtythree 5l. and nine 1l. notes - total 534l.; this is the prosecutors' note, (looking at it) and the figures on the back of it are mine; the figures are 360l., 165l. and 9l. - total, 534l.; on the 19th of November, there were fifty 10l. notes, twentythree 5l. notes, and nine 1l. notes - total 624l.; this is one of the prosecutors' notes, and the figures on it are mine - on the 20th of November, here is 700l., 450l. and 2l., making a

total of 1,152l. this is Wellington's writing - I have looked through all the books of Sir Richard Car Glyn, in which an account of the prosecutors' notes are entered, and there are no entries corresponding with the sums I have mentioned, except these four dates - the gross amount may correspond, but not the particulars; I believe these notes must have been passed at Messrs. Glyn's on the days I have mentioned - when I have done with them, I give them to Holloway.

Cross-examined by MR. LAW. Q. These memoranda are made by you on the backs of several of them? A. No, only on the outside note, and then I hand them to Holloway - if I receive any more notes in the day I make a fresh mark, but I do not make the total till the close of the day; the other numbers may become incorrect in the course of the day, but the total will be right; Holloway gives them to Daniels to lock up, and they would remain several days till Daniels sends them out again; the cashiers pay the notes, but none of them are here to day - I do not know whether there is any one here who can state whether either of these notes came back since the 20th of November - the principal clerk keeps one key of the place where these notes are put; there is no date put on these notes by me, only in the book.

HENRY WELLINGTON . I am a clerk at Messrs. Glyn's. On the 20th of November there is an entry of Whitehead's notes in the book - these figures on the back of this note are mine.

Cross-examined by MR. CLARKSON. Q. If this had not been the outside note there would have been no figures on it? A. No; we know it has not been in our hands since the 20th of November, because we have not paid any of these notes since then; before that time we should have paid 1l. notes; I did not see this note again till I was before the Grand Jury.

MR. RYLAND. Q. As a clerk of Messrs. Glyn's, do you know if any 1l. notes have been paid at your house since? A. No.

MR. CLARKSON. Q. Do you know of any placards being issued? A. Yes; I do not know whether the numbers of any 1l. notes were given - it is so long since I saw the placards, that I do not remember whether there was any notice taken of the 1l. notes at all; I dare say there were many thousands of their 1l. notes in circulation - this is one of the first placards - (Looking at it).

CHARLES HENRY HOLLOWAY . I am clerk to Messrs. Glyn's. I received the notes from Parteger, and made an entry of them in the note-book which I have here; on the 26th of October, 1827, here are thirty-seven 10l., thirty-nine 5l., and ten 1l. - total 575l.: on the 1st of November, thirtysix 10l., thirty-three 5l., and nine 1l. - total 534l.: on the 19th of November, fifty 10l., twenty-three 5l., and nine 1l. - total 624l.: on the 20th of November, seventy 10l., ninety 5l., and two 1l. - total 1152l.: when I receive the notes in the evening I copy them, make them up in a parcel, put a label on them, and deliver them to Daniels - that is done every night regularly; Mr. Daniels locks them up in an iron-safe till they are wanted to be sent down to the country Bank: on the 21st of November I received some parcels of notes from Mr. Daniels - I looked over the labels, and checked them with this book; the notes, from October 12th to November 20th, inclusive, were all in those parcels, and each of the parcels contained the notes paid on each of the days mentioned - those of the 26th of October, 1st of November, 19th and 20th of November, were all in this parcel: I also delivered some sovereigns.

Cross-examined by MR. LAW. Q. Then the whole of your payment for that Warwick Bank in that period was very considerable? Yes; 1900l. or more - there must have been hundreds and thousands of their notes in circulation in the country; these notes were to be returned to Mr. Greenway for the purpose of re-circulation; many notes, on the backs of which we have made marks, have got into circulation again; the public would be used to see notes with our marks on the back of them.

Mr. BRODRICK. Q. Have you, since the 20th of November, paid any notes of that Bank printed in black ink? A. No.

JOHN DENNIS DANIELS . I am a clerk at Messrs. Glyns. It was my habit to receive Messrs. Whitehead's notes every evening, from the 12th of October to the 20th of November, inclusive, from Mr. Holloway - I deposited them in the iron-safe; on the 21st of November I delivered back to Mr. Holloway all the parcels of notes I received of him within those dates: as far as I know, no 1l. notes printed in black have been paid since then.

Cross-examined by Mr. LAW. Q. Were you aware of the placards being issued? A. I do not know whether I recollect that - but we were not to pay any of the 1l. notes printed in black after that; we paid the 5l. and 10l. notes which were not mentioned in the placards.

COURT. Q. Had all the notes numbers on them? Yes - but we only took the numbers of the 5l. and 10l. notes, and the placards only had the numbers of the 5l. and 10l. notes - the 1l. notes not being payable at our house, we did not take the numbers of them.

MR. KELYNGE GREENWAY . I am one of the partners of the house of John Whitehead and Co. - there is another partner beside Mr. Whitehead. On the 21st of November last I was in London, staying at Furnival's Inn Coffee-house- I received on that day a blue bag from the clerk at Messrs. Glyn's. which I took to Furnival's Inn Coffee-house - I had taken my place to go by the Warwick mail that night; I took out of the blue bag a parcel of sovereigns, and put them into another bag - the porter took my portmanteau to the mail, and in the evening the mail called for me; a little before eight o'clock; I went up stairs at Furnival's Inn Coffee-house, and took the two bags out of a drawer - I directed the porter to take them and put them into the seat of the coach; he took them and went to the coach door - I followed him close; when I got into the street there was only myself and the porter that I observed; I was going to open the coach door myself, but a person from within opened it, and I directed the porter to get in and put the bags into the seat - he appeared to me to lift the bags on the coach floor, and at that moment a person from the back part of the coach ran against me; when I recovered the shock, I observed the porter putting the heavy bag, containing the sovereigns, into the coach seat - and I observed to him that he had not put the blue bag into the seat; he appeared to search for it, and declared it was missing - there was a woman in the coach; I looked for the bag but it was gone; the next morning a person was introduced to me as the person who had run against me, it was not the prisoner; when I went from the house I saw no one but

the porter, but as soon as the bag was lost I proclaimed it immediately, and there was a great concourse of people; I went immediately to Messrs. Glyns, and also to the Mansion-house - placards were printed, and advertisements were put into the newspapers - I used all means in my power to make it known; here is one of the placards which were published, containing the numbers of the 5l. and 10l. notes, but here is no statement of the 1l. notes at all; we continued to issue 1l. notes of the Warwick Bank where I reside, but I cannot tell what the other Banks did; we did not issue any more of these others; these are of the Stratford-on-Avon, Shipston-on-Stour, and Chipping-Barnet; the houses at Stratford-on-Avon and Chipping-Stour is still open for the payment of notes only.

Cross-examined by MR. LAW. Q. At which house are you resident? A. At Warwick; the notes of the Stratford-on-Avon, Shipston-on-Stour, and Chipping-Barnet, were issued at those houses, not at Warwick; there were 12,000l. in notes in circulation, and our notes had a great circulation in the country; they have all been paid and destroyed except 572l.; there was nothing in the notes stolen to denote to a stranger that they formed part of the parcel that was lost; the placards contained no description of the 1l. notes: we lost one hundred and eight 1l. notes of those houses, and one of the Warwick; there is at this time five hundred 1l. notes properly in circulation; we got back about 19,000l. in 5l. and 10l. notes, but none of the 1l.; I do not suppose the prisoner is the man who ran against me - he was committed for stealing, but that was the act of the Magistrate; I gave the same account I have now.

MR. BRODRICK. Q. What other means did you make use of to apprize the public of your loss? A. We continued to circulate placards, and repeated cautions to the public, against taking the notes, in different papers, in February, April, and June last.

CHARLES DOBSON . I am book-keeper at Messrs. Waterhouse's booking-office, Islington. I know the prisoner - I am in the habit of occasionally changing country notes, which are not payable in London, for the gratuity of 1s. in the pound; I had seen the prisoner three or four times, but did not know his name till I saw him at Bow-street: he came to me on Saturday, the 5th of July, and brought five 1l. notes of the Stratfordon-Avon and Shipston-on-Stour Bank, and wished to know if I would change them - I said I could say nothing to it till I had inquired about them, but if he would call on the Tuesday I would tell him; he came on the Tuesday, and I gave him 4l. 15s. for them; these are two of the notes which I cashed for him on the 7th of July, to the best of my belief (looking at them). I gave the whole of the five 1l. notes which I received from the prisoner to George Mallison, a porter, to take to Lad-lane, and in about a fortnight I received these two back again - the prisoner came again on the evening prior to his examination at Bow-street; he brought ten 1l. notes of the same Banks; he wished them to be cashed, and I told him if he called on the Thursday I should be able to give him an answer - he said, if they passed all right, he should be able to put several others in my way: on the day following I sent these ten 1l. notes by Coles to Messrs. Glyn's, which I found, by a book I had, was a house that did business for them; in consequence of the answer I got from Messrs. Glyns, I spoke to Gardner the police-officer then, and on the 15th of July I gave him the ten notes which I received from the prisoner - I am confident this (looking at it) is one of the ten notes I received from the prisoner and sent by Coles, by the name of "Wall, the 19th of November," on the back of it; I had received notes from the prisoner prior to this, which I sent to Lad-lane, where they were paid in, and I received the money of the guard on his return from Birmingham.

Cross-examined by MR. CLARKSON. Q. What was the date of the first transaction? A. I should think a week before those which I sent to Lad-lane on the 5th of July; must have been the latter end of June or the beginning of July - I did not know the prisoner lived in Islington, but I learned it at Bow-street; I have since heard he carries on a straw business there, it is nearly a quarter of a mile from the Angel office: I suppose not more than twenty coaches start from there to go to the country - more go from the Peacock; we only book for Water-house's coaches - it is usual for persons to bring country notes to book-keepers at coach-offices, and pay 1s. in the pound to change them; I sent the first portion of notes to the country Bank of my own head, not by the direction of the prisoner - I did not pay the cash till I had received the cash for them; eight of the Stratfordon-Avon Bank have been paid, which I received from the prisoner; he lives in the same street in which the Angel stands, and on the same side of the way - I do not know that I have seen his straw hat shop; the notes were in Coles' possession from between eleven and twelve o'clock in the forenoon, till between two and three o'clock in the afternoon; I had not made any mark on them before I delivered them to him, but I had noticed the dates and indorsements - I did not make any mark on them when they were brought back to me, I merely looked them over. and gave them to Gardner; there are no marks of mine on them - I made no marks on the notes I gave to Mallison; they were out of my possession nearly a fortnight before these two were returned from Lad-lane - I gave these to Gardner.

MR. BRODRICK. Q. Had you noticed the notes? A. I observed the dates of them, and what an uncommon length of time they had been out; I had noticed the indorsement before I gave them to Cole - to the best of my recollection, the notes I received back from Cole were the same which I gave him; I am certain I gave the same notes to Gardner which I received from Cole and from Mallison.

COURT. Q. Did you pay the 4l. 15s. before these two notes were returned? A. Yes, in consequence of the book-keeper having sent the money for them.

COURT to MR. GREENWAY. Q. Are not the 1l. notes reissuable? A. Yes; there are notes of the same date out now; and some which have been twenty-three years out.

GEORGE MALLISON . I received five country notes from Mr. Dobson to take to Lad-lane; I delivered the same notes to Mr. Felgate on Monday, the 7th of July.

THOMAS FELGATE . I am book-keeper at Lad-lane. I received some Shipston-on-Stour and Stratford-on-Avon

Bank notes from Mr. Dobson by Mallison; these are my marks on them, "Mr. Dobson, July the 7th" - these are two of them; I gave them to one of the guards, and these two were brought back.

Cross-examined by CLARKSON. Q. When did you mark them? A. The moment I received them from the porter.

JOSEPH ADAMS . I am book-keeper at the Bolt and Tun Inn, Fleet-street. The prisoner came to my office the latter end of June, (I think,) and I changed some Caermarthen notes for him; he came to me in June, I believe it was, and asked me to exchange some Stratford-on-Avon notes for him - I said I would for 1s. in the pound; after I had exchanged them I asked his address, and he told me "Mr. Williams," and I think Back-lane, Islington - I believe I gave the notes to Mr. Gray, my employer; the notes I gave him were those I received from the prisoner - they were notes of this appearance; I cannot swear that these are them.

Cross-examined by MR. CLARKSON. Q. I think you say you changed other country notes for the prisoner? A. Yes; I gave them to Mr. Gray; I believe some of them were of this Bank, but I do not pretend to swear to the notes produced - I have no recollection of the prisoner saying his name was William Vyse; I can undertake to say, that he did not say his name was William Vyse; I wrote the name on one of the Caermarthen notes, but that note is not here - I speak from memory; I have no recollection of the name of Vyse - I will not swear he did not use that name; I am certain he said "Williams" and"Islington" - to the best of my recollection it was"Williams, Back-lane, Islington."

STEPHEN CARPENTER . I am a porter at the Bolt and Tun Inn; I saw the prisoner there; he gave his name and address to me - I am confident he said "Williams," and "Islington," and I believe "Back-lane;" this was three months ago.

Cross-examined by MR. LAW, Q. Will you swear he did not use the name of Vyse? A. Yes; this was in the middle of the day - I wrote the address on a note; I believe a Llandoveny note.

ROBERT GRAY. I am proprietor of the Bolt-in-Tun. I received from Mr. Adams, my book-keeper, six Stratford-on-Avon notes, about June last - I cannot speak to the day, as I did not put it down; I kept them by me, as they were not payable in London - I put them into my iron chest, and after the examination at Bow-street I referred to a great many notes, and found these, which I delivered to Gardner; these are the notes; I marked them - I have no doubt these are the notes I received from Adams, because I am not in the habit of receiving notes from any one else.

Cross-examined by MR. LAW. Q. Have you any other reason for saying you received these from Adams, than because you did receive notes from Adams? A. No.

MR. BRODRICK. Q. Did you receive any Stratford-on-Avon or Shipston-on-Stour Bank notes from any other person except from Adams? A. I received three notes from another person, which I gave to a person of the name of Garnet, but they were neither of these six.

COURT. Q. Did you receive three notes from another person, which you delivered to Garnet? A. Yes, I marked them at the time I received them; I have no recollection of receiving any other notes, except from Adams.

RICHARD GARDNER. I am an officer. I received ten notes from Mr. Dobson, which I marked the next day: these are them I am sure; these are two notes which I also received from Mr. Dobson; I took the prisoner, and searched him; I found no notes, but a pocket-book and some money on him.

The certificate of the prisoner's former conviction was put in and read; it certified that, on Wednesday, the 25th of August, in the fifty-second year of his late Majesty's reign, at Maidstone. William Vyse, labourer, was convicted of being at large before the expiration of the term of seven years, for which, at Hertford, in the forty-first year of his late Majesty's reign, he had been sentenced to be transported; and received sentence of death, but his present Majesty, then Prince Regent, was pleased to pardon him, on consideration of his being transported for life.

(Signed) JOHN CLARK,

10th Sept. 1828. Deputy Clerk of the Assizes.

ROBERT SMITH . I am commander of the Prudentia hulk, stationed at Woolwich. I know the prisoner; in 1812, I was first mate of one of the hulks at Sheerness; I prosecuted him at Maidstone, in that year, for returning from transportation; I had seen him on board of one of the bulks in 1802 - I am sure he is the same man; I had him in my charge after 1812, and I have seen him since on board the hulk I now have the charge of at Woolwich - he came to see another person; he said "How do you do?" and I have seen him since at Newgate.

MR. BRODRICK. Q. Are you the person who prosecuted him at Maidstone on behalf of the Crown? A. Yes.

WILLIAM BACON . I was formerly an officer of Bow-street, I first knew the prisoner in 1801, at Hertford, where I gave evidence against him and two others; he was convicted, and sentenced for seven years' transportation; I gave evidence against him at Maidstone for returning before his time - I have no doubt he is the same man.

Cross-examined by MR. LAW. Q. Then the felony was committed twenty-seven years ago? A. Yes, he was tried the second time for no other felony, but for returning before the time; I did not know that he had the King's pardon.

WILLIAM LIMBRICK . I am an officer. I know the prisoner; I saw him tried at Maidstone in 1812; he is the same man.

Prisoner's Defence. I declare myself totally innocent of this charge; I mean to say, that before your lordship and before God I have been imposed upon - I am not guilty of the offence; and the porter of the Angel has stated wrong; I told him if I had more local paper I would give him the preference.

COURT to CHARLES DOBSON . Q. When was the prisoner taken? A. On the Friday after the Tuesday he had given me the notes, he came on Thursday, and I told him to come on the Friday; he came, and was taken.

GUILTY. Aged 46.

Judgement Respited .

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