The Proceedings of the Old Bailey

 

206.   RICHARD VARLEY was indicted for stealing, on the 15th of October, 4 salt-cellars, value 14l. 10s.; 2 mustard-pots, value 4l. 10.; 4 muffineers, value 6l. 10s.; 1 wine-funnel, value 2l. 8s.; 1 bell, value 2l. 12s.; 2 cups, value 6l. 8s.; 3 tea-pots, value 33l.; 1 coffee-pot, value 14l. 17s.; 1 sugar-basin, value 8l.; 1 jug, value 5l. 14s.; and 1 watch, value 20l.; the goods of   Henry John Lias and another, his masters.

MR. DOANE conducted the prosecution.

  HENRY JOHN LIAS . I live at No. 8, Finsbury-square. The prisoner was in the employ of myself and partner, for three months, as clerk and town traveller, at 80l. a year—it was his duty, among other things, to carry out goods on approbation—on Friday, the 12th of October, I sent him out with the articles here enumerated—he was to show them to a person in the City, and bring them back—he did so, and also on the following day—on Monday, the 15th, he took them again, and asked me if he might take the gold watch in the drawer to show, saying, "I

think you said you would take 20l. for it?"—I said yes—I have the book in which is the list of the things enumerated, with the exception of the gold watch, and they were entered on the 12th—I saw no more of the prisoner till the 6th of November, when I found him in custody—I have never got my gold watch, and there is one child's cup missing—the value of the whole property was about 118l.

Cross-examined by MR. JONES. Q. Did you receive a good character with the prisoner? A. I did, from Mr. Savory—I allowed him no commission in any way—I have never made any remuneration or present to him after he had sold a lot of goods for us, and never promised him any—on one occasion he took a journey into the country, and was absent seven or eight days—he charged his expenses, and I paid him—I did not allow him any thing as a present to himself—I never promised him a commission or bonus on what he sold-no conversation ever took plate between us on the subject—he has been trusted with property to a larger amount than this—I should say 500l. or 600l.—I think not to the amount of 800l. or 900l.—he was authorised to sell all the articles with the exception of one tea-pot, which was a pattern one—he was authorised to sell the rest at the price fixed in the indictment, nothing below that—I swear he had no discretion—I left nothing to his judgment—the amount of the whole was 118l.—he was not authorised to sell at less than that—he would not have been allowed to sell at five per cent off that—I had taken the per centage off—his directions were to sell them for ready money—the party he went to, Mr. Savory, was a ready-money customer—he was not restricted from selling them to any other person, if he sold them at the price fixed—he has not on other occasions exercised his own judgment, as to what price he was to sell at—I gave him these on the 12th, and the last time I saw him was on the 15th—he locked them up in the iron safe, on my premises, at night, and took them out in the morning—these were quite new goods, and fashionable articles—they were what is called, "shaped"—some of them were very richly chased-a great part of the work was done by the maker, and that is very expensive-if it had been left as it came from the maker, it would not be plain, it would be shaped—the shaping is the ornament—this is a shaped tea-pot—(showing one)—it is chased-part of it was done by the maker, and part by the chaser-if it were shaped only, it would be much cheaper than if it was chased—this is not the cottage tea-pot—the prisoner had no authority to sell this tea-pot at any price—this is the one that was merely for show—he was to sell the others by weight and fashion—he would have sold them by the whole set—I have a copy of the list which he took with him—I did not make it at the time—I made it from this book, which contains the list of the articles, but not the prices—the prices he had with him—I made out this list after his apprehension, not after I had indicted him, nor after I had charged him at the police-office—it was after I caused him to be taken into custody—I was not straitened in circumstances for ready money at the time I gave the prisoner these articles—I did not tell him when I gave him them, that they and other stock must be turned into money, as I did not know how to turn, or how to go on for cash—he might have sold these things for 118l. with the exception of this tea-pot—he had no general authority to sell to whom he chose, without he sold for ready money—these articles would be worth about 12s. an ounce to a trader-8s. or 10s. would not be a fair price—there are articles here

that are 16s. an ounce—I do not know that there are silversmiths who would sell them for much less than that.

MR. DOANE. Q. You have stated a price below which he was not to sell these articles? A. Yes—he was not authorised to sell any at the rate of 8s. 6d. an ounce—the price at which he was to sell them would average about 12s. an ounce—I did not authorise him to walk off with the gold watch—this is the property he had—(looking at it.)

  SAMUEL LAWRENCE . I live in Agar-street, Strand. On Sunday, the 4th of November, I received this letter, in consequence of which I went to the Russell coffee-house, in Windmill-street—I found the prisoner there—I ultimately bought this property of him, for 70l. 10s. 9d., at 8s. 3d. an ounce—I paid him some on account—I sold it the next day to Mr. Solomon, for 81l. 4s.

Cross-examined. Q. Was 8s. 3d. a fair price? A. It was.

  HENRY SOLOMONS . This is the property that I got from Mr. Lawrence.

COURT. Q. When did you buy it? A. On the 5th of November, at twelve o'clock, at 9s. 6d. an ounce—I paid 81l. 4s. for it—on the Tuesday I left for Brighton, for a week.

Cross-examined. Q. You bought them from a trader? A. Yes—I have known him for twenty years—he produced them on the counter, and I was looking over them for some time.

  JAMES BRANNAN (police-constable G 20.) I went and got this property from Mr. Solomons.

Cross-examined. Q. Did yon not hear the prisoner say he had been in liquor and lost the money? A. I did not.

  HENRY JOHN LIAS re-examined. I believe this letter to be the prisoner's writing—I have seen him write—this is his writing in the book.

Cross-examined. Q. Have you been comparing this with other writing of his? A. Not at all—I think it is in his ordinary hand-writing—I have not the least doubt about it.

(Letter read)—"Sunday morning. Mr. Walford, jeweller, &c., from Liverpool, was recommended to Mr. Lawrence, as being likely to purchase a quantity of new plate, which Mr. W. has brought up with him from Liverpool, for immediate disposal. It consists of tea plate in sets, and mugs, mustard-pots, &c.; nearly all of which are gilt inside, and quite new, modern, and about 200 oz. In explaining that it must be sold immediately, and at a great sacrifice, no doubt it is necessary Mr. W. should explain, that having a very pressing engagement to pay a sum of money on Tuesday morning in Liverpool, which will, after Christmas, yield Mr. W. an enormous profit, he is induced to make the temporary sacrifice, for one that will be so much more to his advantage. Mr. W. begs to say he must be in Liverpool on Tuesday morning, with at least 50l. in cash; the remainder as might be agreed upon, Mr. W. would not object to a bill. Mr. W. only came in just now from Liverpool; and if Mr. L. will call on him at the Russell coffee-house, 26, Great Windmill-street, he can see the goods, and Mr. W. will wait at home this morning to see him."

(Thomas Hughes Headland, No. 13, Great Sutton-street, Clerkenwell, a silversmith; and Charles Hayward, a silversmith, in the Minories; gave the prisoner a good character.)

GUILTY . Aged 31.— Transported for Seven Years.