Old Bailey Proceedings.
4th April 1842
Reference Number: t18420404

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Old Bailey Proceedings front matter.
4th April 1842
Reference Numberf18420404

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CENTRAL CRIMINAL COURT.

SESSIONS PAPER.

PIRIE, MAYOR.

SIXTH SESSION, HELD APRIL 4TH, 1842.

MINUTES OF EVIDENCE,

Taken in Short-hand

BY HENRY BUCKLER.

LONDON:

GEORGE HEBERT, CHEAPSIDE.

WILLIAM TYLER, PRINTER, BOLT-COURT, FLEET-STREET

1842.

THE

WHOLE PROCEEDINGS

On the Queen's Commission of the Peace,

OYER AND TERMINER, AND GAOL DELIVERY

FOR

The City of London,

AND GAOL DELIVERY FOR THE

COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION

OF THE

CENTRAL CRIMINAL COURT.

Held on Monday, April 4th, 1842, and following Days.

Before the Right Honourable Sir JOHN PIRIE, Bart., LORD MAYOR of the City of London; Sir Thomas Coltman, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Rt. Hon. Thomas Erskine, one other of the Justices of Her Majesty's Court of Common Pleas; Sir Claudius Stephen Hunter, Bart.; Matthias Prime Lucas, Esq.; William Thompson, Esq.; Charles Farebrother, Esq.; Thomas Kelly, Esq.; Samuel Wilson, Esq.; Sir Chapman Marshall, Knt.; and Thomas Johnson, Esq.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: John Lainson, Esq.; John Humphery, Esq.; Michael Gibbs, Esq.: John Johnson, Esq.; John Kinnersley Hooper, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and Edward Bullock, Esq., Judge of the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.

LIST OF JURORS.

First Jury.

Nicholas Kingston Arnold

Edward Croker

William Wilson

William Goodwin

Richard Clout

William Norton

William Williams

William Arnot Chipperfield

Charles Broad

William Mather Catteril

Anthony Cuthbert Ranson

John Cann

Second Jury.

Henry Bevington

Chester Fulshaw

Joseph Abithel

George Andrews

William Darnell

Joseph Folkard

Thomas Beane

Jonathan Deane

William Chaplin

Joseph Child

James William Gearing

James Dare

Third Jury.

Robert Hodson

Edward Drew

William Dubie

William Bradborough

Thomas Bridgeman

Stephen Duan

William Alcock

Richard Adams

Robert Clark

Charles Collier

Charles Davies

Francis Dalton

Fourth Jury.

Charles Evans

John Allworth

George Dinn

William Davis

Thomas Frederick Cooper

Charles Brind

George Dunn

Thomas Reid

Thomas Christie

Thomas Francis Allen

William Conley

Edward Clark

Fifth Jury.

Orlando Balls

John Dodson

James Brown

Thomas T. Bostell

Robert T. Churchill

Francis Dacre

Edward Dunthorn

James Douglas

William Graham

John Adams

James Beckett

Henry Davies

Sixth Jury.

Henry Collins

William Ball

Philip George Dodd

William Taylor

William Carne

Thomas Digby

Joseph Carpenter

James Weller

James Davidson

Edward Wilmore

Joseph Doher

William Dennant

CENTRAL CRIMINAL COURT.

PIRIE, MAYOR. SIXTH SESSION.

A star (*) denotes that prisoners have been previously in custody—Two stars (**), that they have been more than once in custody—An obelisk (†)that a prisoner is known to be the associate of bad characters.

LONDON AND MIDDLESEX CASES.

OLD COURT.—Monday, April 4th, 1842.

First Jury, before Mr. Recorder.

JOHN SIMMONDS.
4th April 1842
Reference Numbert18420404-1131
VerdictGuilty > unknown
SentenceNo Punishment > sentence respited

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1131. JOHN SIMMONDS, alias Gillingham, was indicted for a misdemeanor.

MR. CLARKSON conducted the Prosecution.

JAMES NOBES HAYES I am clerk to George Harker, a dry-salter, of Arthur-street, City. On the 21st of December the prisoner called at the warehouse—I knew him by the name of Gillingham—he inquired if Mr. Harker was a buyer of Reading sauce—I said, "If it is not Cocks' genuine Reading sauce, it is no use to offer it, for Mr. Harker will not buy it"—he offered it at 15 per cent. under Cocks' selling price—Cocks' price is, I think, 18s. a dozen, and then 20 per cent. discount, which would bring it to 14s. a dozen, that is Cocks' price—I said, "How is it you are enabled to offer it at 15 per cent. less than Cocks' price?"—he said he had made an exchange with Cocks for soy, and that enabled him to offer it at the reduced price—I said Mr. Harker was not within, and told him to call next morning—when I said Mr. Harker would not take it unless it was Cocks' genuine, he produced a paper to me, which he called an invoice, that convinced me it was Cocks' genuine sauce—I concluded the thing to be perfectly fair—he went away and came again next day—I was present when he saw Mr. Harker—they had some conversation, and Mr. Harker bought twenty-four dozen, and gave a cheque on Prescott's bank for 14l., and the prisoner gave a receipt—I have both the cheque and receipt here—the sauce was packed in two hampers—I have tasted the sauce—it is not Cocks' Reading sauce.

Cross-examined by MR. BALLANTINE. Q. Had you known him before? A. No—he did not say he was employed by a person of the name of Gillingham, nor that what sauce was there had been sold by Gillingham—the first thing he said to me was, "Is Mr. Harker a buyeer of Reading sauce?"—I said, "If it is not Cocks' genuine Reading sauce, Mr. Harker will not buy it"—I made no agreement myself to purchase it—it—I communicated what passed to my master—I tole him a person had been to offer Reading sauce, and I believed it genuine—I paid him the cheque—there was nothing extraordinary in the bargain.

GEORGE HARKER . I am a drysalter. In December I remember my servant Hayes communicating to me what had passed between him and a person named Gillingham—I afterwards saw the prisoner—he told me he had offered my clerk some Cocks' Reading sauce—I asked him if it was the real genuine article—he said it was, and he had convinced my clerk of that, that the sauce he offered was the genuine sauce—he said he had convinced my clerk of the fact—Hayes said, in his presence, "He has shown me the invoice from Cocks"—the prisoner said he had sold Cocks some soy,

and had taken this in barter for the soy—as he had often called before, and offered me soy, I took it for granted it was right—I think he said the price was 35 per cent, discount, that is, 35 per cent, off 18s. a dozen—Cocks' discount is 20 per cent., and twelve months' credit—I told my clerk he might take it—I might have told the prisoner he might send it in—I wrote a cheque for the money, and gave it to my clerk to pay him when he delivered the article—it was not delivered in my presence—Hayes afterwards returned me this receipt as given by the prisoner, and this cheque came back from my bankers in due course—if I had known it was any thing but Cocks' genuine Reading sauce, I certainly should not have bought it—it was valueless—even if it had been better, it would not have done.

Cross-examined. Q. I believe your conversation with him was exceedingly short? A. Very short—I was induced to take it by what he told me himself—what my servant said had nothing to do with it—I asked the prisoner the questions, and he answered’ me—my clerk said he had seen an invoice—I do not remember that he showed me an invoice—I believed what my deck said on the subject, but I was induced to take it by the prisoner's representation—what my clerk said to me had nothing to do with my inducement—I thought the prisoner a respectable man, and what he said sufficient—I thought he had bartered it for soy—he said he wanted the money immediately, which was the reason he sold it—I knew he had offered soy at my house, and that made me think it likely—it strengthened what he said to me—I think I had seen some of the bottles at the time I agreed to purchase them, but I am not quite positive—I desired my warehouseman when the sauce came in, to look at the labels—the bottles were not there when the prisoner came—I left the cheque with my clerk to pay for them when properly delivered.

J. N. HAYES re-examined. The sauce was not delivered when the conversation took place between Mr. Harker and the prisoner—it came very quickly afterwards—I think the prisoner came with it—I gave the cheque to him, I know—this bottle produced is one of the 288 he delivered that afternoon.

Cross-examined. Q. The cheque was delivered to you by your master? A. Yes, it was to be paid to the man when the goods were properly delivered, and not before—I did not look at the bottles before they were delivered—I do not think I looked at the labels on the bottles before I gave him the cheque—I did not count them—I took it for granted they were correct.

HENRY GEORGE CHAPMAN . I am clerk to Prescott and Co. On the 22nd of December last I paid this cheque for 14l. to the bearer.

The bill was here read as follows—"Mr. George Harker, "Dec. 21st, 1841. "Bought of W. Gillingham, 24 dozen Reading sauce, at 18s. £21 12 0 Discount 20 per cent. 4 7 0 17 5 0

Allowance 15 per cent. 2 11 0

"2 hampers, 3s. 6d.

£14 4 0

"Received, Dec. 21st, 41.

"W. GILLINGHAM,"

GEORGE CUTHBERT . I am an oilman, and live in Fore-street. I know the defendant—he bad called on me previously to offering the Reading sauce—I had seen him once or twice, two or three years since—on the 8th of January, in the morning, he called at my shop, and said, "Are you in want of any Reading sauce?"—I said I was not, because I had just had a supply in—he then said, "If you are a buyer I can offer you some at something under the usual price"—I asked him what price—he said 12s. a dozen—I asked if it was the genuine article, Cocks' sauce—he said it was—he then produced a letter which I read—he said, "I have had some dealings with Cocks, of Reading, and sold them some soy, in part payment of which I have received this sauce," and so it appeared by the letter—that lulled all suspicion on my part—I agreed to take three dozen at 12s.—(looking at a letter produced by the defendant's attorney)—I do not think this is the letter he showed me—the sauce was sent, I think, the same evening or next morning—he did not bring it himself—I paid for it, and took a bill of parcels which I gave Mr. Hobler—it came by a boy.

JOHN HAYWARD . I am clerk to Mr. Hobler, the attorney for the prosecution, he received a bill of parcels from Mr. Cuthbert—I have not seen it is the office myself—I have searched for it.

GEORGE CUTHBERT re-examined. The prisoner came to my house again four or five days after, and said, "I have still a few dozen left of the sauce, would you like any more of it?"—I said, "No"—he then said, "If you will take a few dozen more, you shall have it at 10s. 6d., for I mast tarn it into money"—(I had paid the boy 36s. for them)—I said, "Well, send me two dozen"—he then went away—another boy brought the two dozen in the evening, but before it came, my suspicions were awakened, and when I saw the boy I declined to pay him, and gave him a message for Mr. Simmonds, by which name I knew the prisoner, and by no other—in consequence of that message he came to me about an hour or an hour and a half after, and said, "Why do you refuse to pay for the sauce?"—I then held up to the gas-light a bottle of his, and a bottle of the genuine sauce, and said, "See here, I am sure it is not all right"—I pointed out to him the difference—his was a weak, watery looking article to what the genuine one was, and quite different altogether—it was muddy, and the genuine was clear, and a dark colour—I said, "I am not satisfied with the article you have sold me, I shall by to-morrow's post write to Messrs. Cocks, of Reading, and ascertain if what you have stated to me is correct, if it is their sauce or not"—he then said, "I assure you it is precisely the same as I received from them," and then said, "Let me have the sauce back again"—I refused to do so till I had heard from Cocks, and said if it was correct I would pay him if he would call again—he said he would call again on the Tuesday or Wednesday—I wrote to Cocks', and got an answer—the prisoner never came any more for the sauce or money—the bottles have remained with me ever since, unpaid for—I have since tasted the sauce—it is not the genuine sauce, and not at all saleable—it is not of the least value to me—I produce one of the bottles he sold me.

Cross-examined. Q. Did you know him to be a person acting as agent for different parties? A. No—he did not mention to me that he was an agent to Gillingham—I never had any dealings with him—he has called

CHARLES COCK . I live at Reading, and am in partnership with John

Cocks, we are the manufacturers of Cocks' Reading sauce. I have known the prisoner I should think from three to four years—we have purchased soy of him—the last transaction was about the summer of last year—we have sold him some of our sauce—the last time was the 2nd of November, 1840—we never sold him any but once—he has not paid for it—we have bought pickles and cayenne of him—we never had any barter transaction with him whatever—we never had any offer from him to deal by way of barter—we had a letter from a person named Gillingham, but his name is Simmonds—I never saw him on the subject—we had a letter signed "Gillingham"—when we bought soy of the prisoner we paid him by a cheque on Willis's bank.

COURT. Q. What quantity of sauce has he bought of you? A. Twelve dozen—I have a bottle of the genuine sauce in my pocket-my brother and I make it ourselves—we do not allow anybody else to do it.

MR. CLARKSON. Q. Look at these two bottles; is this your source, or made by you? A. Both are spurious—I can say so from the labels and the difference in the composition—ours would not change colour if it got sour—it would never get into the state this is—(tasting it)—this is sparious—there is a very great difference—the seal is a very close imitation—it is not the same bottle—the red and white labels on the bottles are a very close imitation of ours—indeed the same printer's name, Cowslade, is on both—I cannot tell what the counterfeit is made of—it has a very slight resemblance indeed to our sauce—I should say persons who had been in the habit of using our sauce would very soon detect it.

Cross-examined. Q. I suppose you would hardly undertake to say there was not some of your sauce mixed up with it? A. It is impossible to say, there might be one bottle put into twenty gallons, but I should say there is none of ours in it—I could not swear it—there are a great many ingredients in our sauce.

Q. Does soy form part of it? A. I do not mean to answer any thing of that—we sell a great quantity of soy separately—I have had one transaction for soy with a person named Gillingham.

Q. Have you not offered to take soy off Gillingham's hands provided he would take a quantity of your sauce in exchange? A. Not except in writing—we had a letter—we received an order for a gross of our sauce from a person named Gillingham, after we bad purchased a hogshead of soy, and paid for it—he said in his letter he had two hogsheads more of the same soy, would we take it—we wrote to say we did not object to taking it, but perhaps instead of taking one gross, he would take two gross of sauce—he would have been allowed the regular trade price, 20 per cent.—I have known the prisoner, I think since 1839 or 1840—besides the sauce which he did not pay for, we purchased soy and, cayenne, and pickles of him—we only sold him sauce once—that could not be done at any other time without my knowledge—I should have known it by our book s.

COURT. Q. Have you taken any pains to ascertain the ingredients in the sauce? A. It is impossible to say—I should say there was a little soy—I should say there was no mushroom catsup—I do not know what "Harvey's sauce" is made of.

MR. BALLANTINE. Q. Do you know that the prisoner acted as agent for others? A. Agent for others, as well as on his own account.

MR. CLARKSON. Q. Had you ever seen the man who wrote to you

under the name of Gillingham? A. Only once—that was not the prisoner—the prisoner represented himself to me as Simmonds—there are several imitations of our sauce—we have brought four actions, and they have been successful in stopping the other imitations—they were real actions, and we recovered penalties.

FREDERICK COWSLADE . I am a printer, and live at Reading. I print the labels for "Cocks Reading sauce"—the labels on the bottle produced by Mr. Cocks were printed by me—neither of these on the other bottles were printed by me—they are a very good imitation indeed, the best I have ever seen—I observe a difference in the block and some portions of the type, and on the border—I print the block from a woodcut—our name is on them, as printers—it seems to be a facsimile.

MR. COCKS re-examined. The transaction of taking soy for sauce with Gillingham did not take place between us—he never supplied us with the soy, and we did not send the sauce.

COURT to J. N. HAYES. Q. Was any thing said about the bottles or their contents? A. On the 21st he said he had got twenty-four dozen, and showed me the invoice for twenty-four dozen.

MR. BALLANTINE. Q. You saw the invoice? A. Yes—he said, "Reading sauce"—he did not mention the term "bottle."

MR. HARKER re-examined. I do not think he mentioned the word "bottle" to me at all—I have been a customer of Cocks for many year s.

MR. BALLANTINE called

JOHN HANBURY . I am a grocer, and live in Pulteney-street, Islington. I have known the prisoner Gillingham between fourteen and fifteen years—I believe he was a general agent—he lived next-door to me many years—I believe him to be honest.

GUILTY on the 1st Count.— Judgment Respited.

MARTHA HARRINGTON.
4th April 1842
Reference Numbert18420404-1132
VerdictsGuilty > pleaded guilty
SentencesTransportation

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1132. MARTHA HARRINGTON was indicted for stealing, on the 7th of February, 15l. bank-note; 10 sovereigns, 10 half-sovereigns, and 20 sixpences; the property of Augusta Paget, commonly called Lady Agusta Paget, her mistress:— also, for forging and uttering a receipt for the sum of 15s. 7d.— also, forging and uttering a receipt for the sum of 12s. 4d.; and embezzling the sum of 10l., which she has received on account of her said. mistress: to all of which she pleaded

GUILTY . Aged 40.— Transported for Seven Year s.

NEW COURT.—Monday, April 4th, 1842.

Fifth Jury, before Edward Bullock, Esq.

EDWARD STOKES.
4th April 1842
Reference Numbert18420404-1133
VerdictGuilty > pleaded guilty
Sentence