Old Bailey Proceedings.
21st October 1844
Reference Number: t18441021

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Old Bailey Proceedings front matter.
21st October 1844
Reference Numberf18441021

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CENTRAL CRIMINAL COURT.

SESSIONS PAPER.

MAGNAY, MAYOR.

TWELFTH SESSION, HELD OCTOBER 21ST, 1844.

MINUTES OF EVIDENCE,

Taken in Short-hand

BY HENRY BUCKLER.

LONDON:

GEORGE HEBERT, CHEAPSIDE.

TYLER & REED, PRINTERS, BOLT-COURT, FLEET-STREET.

1844.

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, October 21st, 1844, and following Days.

Before the Right Honourable WILLIAM MAGNAY , LORD MAYOR of the City of London; Sir William Henry Maule, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir Robert Monsey Rolfe, Knt., one of the Barons of Her Majesty's Court of Exchequer; Matthias Prime Lucas, Esq.;, Sir John Key, Bart.; Charles Farebrother, Esq.; Thomas Kelly, Esq.; and Sir Chapman Marshall, Knt.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: Thomas Wood, Esq.; Sir George Carroll, Knt.; John Kinnersley Hooper, Esq.; Sir James Duke, Knt.; Thomas Farncomb, Esq.; Thomas Challis, Esq.; and William Hughes Hughes, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and Edward Bullock, Esq., Judge of the Sheriffs 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.

David Ray

James Tucker

James Henry Layall

Richard Scott

William Pearman

Joseph Pickett

Warren Dunford

William Parsons

Samuel H. Richess

Jenkins Phillips

Thomas Meredith

Arthur Murch

Second Jury.

David Matthews

Stephen Thomas Robinson

George Rowe

Thomas Robinson

Thomas Claringbould

Henry Kilvington

George Marshall

Edwin Burgess

Peter Ross

Luke Street

Charles Frederick Rilett

William Parkins

Third Jury.

John Jerberry

Thomas Clark

Thomas Pratt

James Butcher

Frederick Creek

Archibald Strachan

Henry Rudkin

Joseph Goulding

William Odell

John Rose

John Dalton Owen Ryan

Fourth Jury.

George Reed

Henry Castle

Robert William Pearce

Jonathan Richards

William Ballantine

William Barton

John Bates

Michael Pike

Charles Henry Bowerie

William Pyland

James Robins

Kenneth M'Kenzie

Fifth Jury.

Charles Penton

W. Neale

W. Scoombs

John Murray

Nathaniel Nichols

James Phillips

James Pitkinley

Philip Rooke

Thomas Trinder

Henry Asher Israel

Daniel Kingsmith

Thomas Pickworth

Sixth Jury.

William Patterson

Isaac Liasson

W. Pope

Robert Robinson Chandler

Richard Randall

James Rackastraw

George Roberts

Joseph Veary

Henry Procter

W. Pether

W. Saul

CENTRAL CRIMINAL COURT.

MAGNAY, MAYOR. TWELFTH 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, October 21 st, 1844.

First Jury, before Mr. Recorder.

GEORGE HENRY WARD, GEORGE WARD.
21st October 1844
Reference Numbert18441021-2384
VerdictGuilty > unknown; Guilty > unknown
SentenceImprisonment; Imprisonment

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2384. GEORGE HENRY WARD and GEORGE WARD were indicted for unlawfully obtaining from William Angerstein, Esq., an order for the payment of 115l. 10s., by false pretences.

MESSRS. CLARKSON and BALLANTINE conducted the Prosecution.

WILLIAM ANGERSTEIN, ESQ . I reside at Woolmer Lodge, Hampshire. At the time in question I was staying with my father at Blackheath—I saw an advertisement in the Times newspaper referring to some horses—I will not be quite certain as to the date—(looking at the Times newspaper)—it was an advertisement to this effect—I had occasion to buy smile horses at that time, and on seeing the advertisement, I went to Gloucester-mews, Montague-square—I was there shown two horses and a mare by the younger prisoner, George Ward—on going into the stable, I inquired of the younger prisoner, before the elder came in, whether the two horses and mare then in the stable were the horses advertised in the Times newspaper, which I produced—he said they were, that he had the care of the horses, and that they belonged to a third party, who had sent them for sale on commission to the elder prisoner, stating his name to be Mr. Ward—from about twenty minutes to half an hour after, the elder prisoner came into the stable—I inquired about the horses, and the elder prisoner told me they were sent to him by a family of the name of Lloyd, that he had long known that family, that they lived near Stratford-upon-Avon, and that on the decease of the elder member of that family, these horses had been sent for sale, as they wished to have ponies instead—it had been stated by one and both of them that the two smaller horses had been driven together, and that the larger horse had been driven in a clarence, or brougham—at the time I was having this conversation with the elder prisoner, the younger one was in the stable, and within hearing—I agreed to purchase the three horses for 115l. 10s.—gave a check on Messrs. Glynn and Co. for that amount—this is the check—at the time I gave that check I had cash to that amount in the hands of Messrs. Glynn—it has been returned to me as paid—I received this receipt at the time—this was either a little before or after twelve o'clock in the morning, but I was there a considerable time talking about the horses, and seeing them out—I left about two—the elder prisoner handed me the receipt, not in the presence of the other—there was a small counting-house attached to the stables, in which he delivered it to me—I should say the terms of the receipt

were not arranged in the presence of both the prisoners—I should say I was addressing the elder prisoner only—the terms were arranged entirely with the elder prisoner—I do not know that the younger prisoner heard what the horses were to be sold for, but he told me that 40l. had been offered for the larger horse, and he thought something about that price would be taken—that was at some period before the sale took place, and I rather think it was before the elder prisoner came into the stable—(Receipt read, "Received, July 9, 1844, of William Angerstein, Esq., 110 guineas, for two bay geldings, and a bay mare; all warranted sound, quiet to ride, and quiet in double or single harness, and if not approved of at the expiration of seven days, the whole or either to be returned, and the money refunded,—GEORGE HENRY WARD.")—there being three horses, and having my servant with me, who was riding behind me, I was obliged to get somebody to help my servant in taking them up to the Veterinary College, and I employed the younger prisoner to do that—my servant took the horses to the Veterinary College, in company with the younger prisoner—before that he told me his name was George Glass—he also stated that as the horses were sold he should lose his situation, and I agreed to take him to assist my servant in taking the horses down to Blackheath, and I also said he should remain in my stable till I could get a permanent helper—he acquiesced in the arrangement of going down to Blackheath, but he said he could not stay, because, a relation of his had died at Doncaster, and had left him money which he must look after—I got a report from the Veterinary College, I should say between four and five o'clock, and in consequence of that report I told my servant to take the horses from the college, to take them back to the stables from whence they came, and leave them there, and I gave him a letter at the same time—next morning, about eleven o'clock, I went with my solicitor to the stables—neither of the prisoners were there—I cannot tell whether the horses were there—the stables were locked—this was on the 10th of July—on the 26th of Aug. I was taken by the police to a mews near Fitzroy-square, to identify the horses—they were all there—the prisoners were then in custody.

WILLIAM WHISTLER . I am groom to Mr. Angerstein. I went with him to Gloucester-mews on the 9th of July—my master went on horseback, and I also—I saw the younger prisoner first—after some time the elder prisoner came in—after my master had talked with them about the horses, the elder prisoner came into the stable and asked me what was my master's name, and where he came from—I told him—he said my master wanted a great deal of coaxing—a short time after that my master purchased the horses—the elder prisoner said the horses did not belong to him, but he would speak to the groom and get something for me, and make that all right—the younger prisoner was then in the stable with my master, I believe—he was not with us—after my master had purchased the horses I took them, by his direction, to the Veterinary College with the younger prisoner—Mr. Spooner examined them directly—after the examination I heard it said they were all unsound—Mr. Spooner gave me a note to take to my master—I took the note, leaving the horses and the younger prisoner behind—in consequence of a message I received from my master, after delivering him the note, I returned to the college for the horses—the younger prisoner was then gone—it was, I should think, between two and three o'clock when my master sent me to the college to have the horses examined—it is three miles from Gloucester-mews—in consequence of directions I took the horses from the college, with assistance, and left them at the stables where we had brought them from—I delivered the note to an old woman there—neither of the prisoners were there—I got back to the stables, I should think, between five and six o'clock—I put them into the stables that they came from, and left—I saw nothing

more of the prisoners till the 26th of Aug., when I went with Whicher to a stable in Fitzroy-mews—I there saw both the prisoners, and the two horses and the mare that I had taken back to the stables in Gloucester-mews on the 9th of July—I pointed them out to the policeman—I heard the elder prisoner say on being taken, that he knew he owed the man the money, and he meant say, and he meant to pay it to him as soon as it was convenient.

HANNAH POTTER . I live in Gloucester-mews, West George-street, Mary-leboae. I let stables—my husband, in my presence, let a three-stall stable to the elder prisoner, by the week—they occupied them for fifteen weeks, at 6s., a week—the younger prisoner attended to the horses—the same three horses were not always there—I recollect these three—there had been other horses before—the younger prisoner attended to other horses as well as these—I believe his name is George Ward—I have heard him called by that name, I do not exactly know by whom—he went by that name—I have heard the elder prisoner speak to him, and of him—I never heard him call him by his name—I have spoken to him myself—I called him George—he answered to that name—I understood that the prisoners were uncle and nephew—the younger prisoner said that Mr. Ward was his uncle—they left the stable on the 9th of July—I cannot say at what time—it was in the afternoon—the horses were brought back the same day—the prisoners never occupied the stables afterwards—the horses that were brought back were removed next morning by the younger prisoner I believe—he came and told me he was going to take them away—I cannot say at what time it was—I recollect Mr. Angerstein coming to inquire about them—the prisoners came to the stables two or three times afterwards, but they did not bring any more horses after—they did not tell me where they were, or where they lived, and I did not know—they gave up the stable on the 10th of July—they had not given any notice of their intention to quit before that day—the younger prisoner came a few days after and paid me the rent—he paid me 12s., a fortnight's rent.

ELIZABETH HEMBROW . I am the wife of Samuel Hembrow, who occupies No. 4, Boston-mews, Dorset-square. On the 10th of July I let the elder prisoner a coach-house and stable—the younger prisoner was with him—he took it by the week, at 5s. a week—about four or five o'clock in the afternoon they brought three horses there—Mr. Ward rode one—I did not notice the horses particularly—I do not know whether one of them was a mare—two of them remained in the place till the 23rd of July, and the third left on the 28th—the younger prisoner took away the two—he did not tell me where he was taking them to, nor when he came back did he tell me where he had taken them—I never heard from either prisoners where they had been taken to—the younger prisoner took the third away—I never saw anything of them after the 28th—I did not get my rent—I did not know they were going to quit for good—I have never got the key of the stable—I never heard from either of the prisoners whether they were related—the younger one went by the name of George, and the other by the name of Mr. Ward.

GEORGE WELDON . I occupy No. 26 stable, Fitzroy—mews. On the 23rd of July I let a three-stall stable to the elder prisoner—the younger prisoner brought three horses there—I saw three there—they remained there till the 26th of August.

JOHN PRIOR, ESQ . I live at Herne-hill. In August I was in want of a horse—I saw an advertisement in the Times of that day, and on the 26th of Aug., after some observations from my servant, I went to the stable No. 26, Fitzroy-mews—I saw both the prisoners there—I saw the younger

one first, and he showed me two horses—I had heard from my servant that they were the property of a widow, and I said, "These are the horses, the property of the widow lady, I suppose?"—he said, "Yes"—I then asked him a few questions as to the qualities of the horses, about riding and drawing, just the usual questions, and of course they were perfect—I asked him which horse his late master was most in the habit of riding—he said, "Such a one," pointing out one of the horses, but added, "He used to ride them both, and also Miss Emily," or Miss somebody—in the course of conversation about the horses, I asked his late master's name, and, to the best of my recollection, he said Hicks—I would not positively swear, but that is my impression—I am quite sure it was not Lloyd—there was no mention of the widow's name—I was going to ask the younger prisoner about the price—he said, "About 80l., or 90l., but I think you can have them for less, "(in a confidential sort of way) "but I will go and call Mr. Ward," and he left me—he returned, I think, before the other prisoner; but as the elder prisoner was coming to the stable, I went out and met him, and said, "I understand you have the disposal of these horses?"—he said, "Yes"—he then said, "I suppose you knew Mr. Lloyd?"—I said, "I suppose you mean Mr. Lloyd, the banker; I did not know him personally"—he seemed to acquiesce in that, and immediately said, "Oh, they are a very wealthy family, sir, and they reside near Bristol"—he did not tell me in direct terms at first that these horses belonged to a person named Lloyd, but insinuated it—he never represented that they belonged to Mr. Hicks—while I was proceeding to examine the horses, the elder prisoner suddenly left me, to go and speak to some men that were coming into the yard, who turned out to be policemen—when he came back he did not come up to me—I beckoned to him, and asked him who those persons were, if they were coming to treat for the horses—he said, "Oh, no, they have nothing to do with the horses"—he then left me again suddenly—I had asked him the price, and he said, I think, about 100 guineas, or pounds—at the same time one of the men made a sign to me, and I thought something, was not right—I called the elder prisoner back to me a second time, took him aside, and asked him to explain—he said he could not tell me at that time who those persons were—I then saw there was something wrong, and went away—after I had got into my carriage, he came near the window, and I said, "'Why cannot you tell me? what is this?"—he said, "I am an unfortunate man, sir, and these two men you are inquiring about are sheriff's-officers"—I said,—"Oh, if that is the case, drive on"'—he was taken into custody.

Cross-examined by MR. WILKINS. Q. I believe one of these horses was a dark grey? A. No, a bay—I think the third horse was a bay, but I did not look at that.

COURT. Q. How many horses did you want? A. If they had suited I should have bought the pair.

JONATHAN WHICHER (police-sergeant A 27.) I went to this stable in Fitzroy-mews on the 26th of Aug., and found three horses there—one was a mare—they were the same three that were afterwards shown to Mr. Angerstein—in consequence of directions, about a week afterwards, I went to Stratford-upon-Avon, and made inquiries after a family of the name of Lloyd—I could not find any such family—there had been a family of that name about eight years ago, but the gentleman died—he lived about two miles from Stratford-upon-Avon, and was a bachelor—the elder prisoner was well known at Stratford-upon-Avon—I did not tell him what I had learned there concerning him—I found no widow there who had any horses to sell.

Cross-examined by MR. WILKINS. Q. I believe Mr. Angerstein has got the horses now? A. They are in the possession of the police.

Cross-examined by MR. BODKIN. Q. Where did you inquire? A. Of the postmaster, and most of the oldest inhabitants, at all the inns, and the parties most likely to know, in the town of Stratford.

MR. CLARKSON. Q. Did you inquire of the postmaster of any such person in or near Stratford? A. Yes, and no such person was known.

EDWARD M'KEON . I am a clerk in Messrs. Glynn's hank. Mr. Angerstein banks with us—he had an account with us on the 9th of July last—I cashed this check on the day it was drawn, and by reference to my book, I have no doubt it was cashed very soon after two o'clock.

WILLIAM DAVIS . I am the son of Mr. Prior's coachman. I knew from my father that Mr. Prior wanted a horse—I saw an advertisement in the Times newspaper, and on the 24th of Aug. I went to Fitzroy-mews—I saw a person there who appeared to be a helper at the stables—he brought the younger prisoner there—I asked him if those were the horses that were for sale—lie said "Yes"—I saw the bay gelding—he wished me to see the horses out—I saw them out, and said I thought one was most likely to suit Mr. Prior—he said they belonged to a widow lady at Stratford-on-Avon, and that his master was just dead—he did not tell me the name of the widow lady—I asked him the price of the bay gelding, and he told me fifty guineas—he said his mistress had written for them to be sold, and he thought they might be bought for much less—I went from thence and told my father.

FREDERICK SHAW (police-sergeant A 129.) I took the younger prisoner into custody on the 26th of Aug., at the stable in Fitzroy-mews—I told him he was charged with being concerned with the elder prisoner in obtaining 115l. from a gentleman named Angerstein, living at Blackheath, on the 9th of July last—he said he knew nothing at all about it.

JONATHAN WHICHER re-examined. I took the elder prisoner into custody—I told him I apprehended him for defrauding Mr. Angerstein of 115l. 10s.,—he said he had done no such thing, it was a fair bargain—I do not recollect that he said anything about the money.

CHARLES SPOONER . I am one of the professors at the Veterinary College, Camden-town. I have been connected with the college for the last fourteen years—I remember these two horses and the mare being brought to the college to be examined on the 9th of July—I examined them—they were all unsound.

COURT. Q. What did the unsoundness consist of? A. The larger gelding was defective in his respiration, what is termed a roarer—he also had spavin in the hocks, and was vicious when mounted to ride—the other gelding was unsound from chronic lameness in the off fore-leg, and the mare was unsound from lameness in both fore-feet, and she had all the nerves of both fore-legs divided—that was done to prevent the sense of pain—the mare and l