Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 22 February 2019), February 1797, trial of WILLIAM MANNING (t17970215-59).

WILLIAM MANNING, Miscellaneous > other, 15th February 1797.

177. WILLIAM MANNING was indicted for a misdemeanor .(The indictment was opened by Mr. Abbot, and the case by Mr. Garrow.)

GEORGE DELEVAUD sworn. - Examined by Mr. Knowlys. I have a post in the Custom-house: The prisoner was Clerk of the Postage regulation ; it was his duty to keep an account of letters inward and outward, and to pay such officers their craves for postage as have been allowed by the Board of Customs.

Q. You had that office before he entered into it? - A. I had, above a month; he entered into it the 9th of July, 1795.

Q. The account is kept in this way - debtor and creditor? - A. Yes; this is the original account; the whole of it appears to be kept in the prisoner's hand-writing, except the last column, containing the names of the persons to whom he paid the money.

Q. How long did he continue in that office before he was taken up? - A. He was taken up the 2d or 3d of December, 1796; he entered the office the 9th of July, 1795; he was put under my instruction, to qualify him for the office.

Q. You know his hand-writing? - A. I do.(Produces a parcel of craves for money). Every one of these craves are his hand-writing.

Q. What is the course of the business, as to the money received by the person, and afterwards accounted for by him? - A. There is usually 50l. entrusted to the Clerk of the Postage.

Court. Q. For the purpose of paying the officers their craves? - A. Yes, when they are allowed by the Board.

Mr. Knowlys. Q. When that sum, originally impressed, is expended, he applies for a fresh impress? - A. Yes.

Q. Who are the Commissioners of the Customs? - A. Thomas Boone, Esq. Welbore Ellis Agar , Esq. William Hey , Esq. Joah Bates, Esq. Sir Alexander Munro , Knt. Richard Frewin, Esq. William Stiles, Esq. William Roe , Esq. Francis Fownes Luttrell, Esq.

Cross-examined by Mr. Const. Q. All that I collect from you is, that the book is the hand-writing of the prisoner? - A Yes.

Q. And the papers are his hand-writing? - A. Yes.

Court. Q. The officer has 50l. in hand, when that is out he craves for 50l. more; how often does he make up his account? - A. Every time his crave is out.

Mr. Const. Q. Does he in his office give any security for the due performance of it? - A. Yes, he does; the sum of 500l.

Court. Q. What is his salary? - A. 100l. per annum.

Mr. Garrow. Q. For this duty, and this only? - A. Yes.(A crave read).

Honourable Sirs, - I humbly beg leave to inform the Honourable Board, the impress of 50l. granted to me the 14th of July last, to pay the officers, has been paid, except 4s. 7d. I humbly crave of the Board an impress, to pay the future demands.(The account in the book read.)

On the 16th of July, the sum of 2l. 3s. 4d. paid to John Wilkes .

21st of July, 1l. 3s. 6d. paid to John Wilkes .

21st of July, 4l. 5s. 2d. to Samuel Thackeray .

Q. (The Book shewn to the Witness). Look at the book? - A. That is the prisoner's handwriting.

JOHN WILKES sworn. - Examined by Mr. Abbott. I am clerk to Mr. Brown, Clerk of the Surveyors' books.

Q. Look at that book - do you find your name there? - A. Yes; Surveyor, 19 letters inward, and 12 outward, 2l. 3s. 4d. - John Wilkes .

Q. That is your signature? - A. Yes.

Q. Whether you are not in the practice of receiving postage-money for the use of your principal, Mr. Brown, Surveyor of sloops? - A. Yes.

Q. Was that 2l. 3s. 4d. paid to you at the time of the transaction? - A. I am going to look at a book, in which I kept the account.

Q. At the time you received the money, you signed your name? - A. Yes.

Mr. Garrow. Q. What is the nature of the memorandum you are going to refer to? - A. The account of the letters I received, and the money I paid.

Court. Q. What is the date in the book? - A. The 16th of July, 1796.

Q. Do you find any thing in that book of the 16th of July, 1796? - A. Between the 5th and 7th, 3s. 4d. and between the 7th and 15th, 3s. 6d. I enter this, before I make the crave.

Q. Have you any where in the book, about the 14th of July, a charge of the sum of 2l. 3s. 4d.? - A. I have not.

Q. Did you receive the 3s. 4d. at the time you delivered in the account, or some time after? -Some time after; I delivered the crave into the Board, and after their order I received it.

Q. Did you ever receive more than you put down in your memorandum? - A. Never.

Q. You never received more than the craves, and never craved more than you put down? - A. Never.

Q. You find in your memorandum, you mentioned a charge of 3s. 6d.? - A. Between the 7th and 15th of July, I delivered in to Manning an account of 3s. 6d. and that 3s. 6d. appears to be received.

Q. Look into the book, you will see a charge of 1l. 3s. 6d - did you receive 1l. 3s. 6d.? - A. I believe I did not.

Q. You craved the sum of 3s. 6d.? - A. Yes.

Court. Q. Did you charge no more to your principal, on that day, than 3s. 6d.? - A. I did not.

Court. Q. You are sure you received no more than 3s. 4d. the first time, and no more than 3s. 6d. this time? - A. I did not.

Q. Did you charge them more than this? - A. I did not.

Q. Did you receive more? - A. I did not.

Cross-examined by Mr. Raine. Q. When you have settled with Manning, have you not been allowed for subsequent sums? - A. Never.

Q. Has it ever happened to others that you know? - A. No, I do not.

Q. This bearing date the 14th before the next crave, has not more been paid you than was allowed by the Board? - A. Never to me.

Q. You never knew it happen? - A. Never.

Q. Don't you recollect a sum being added of 12s. and 9s.? - A. Yes; but there was a crave made prior to that, by Mr. Brown, and the Board made an order of payment.

Q. Are you sure it was not paid you by Manning before the crave was made? - A. No, it was not; I was paid on the day of my crave; the letter is, the Surveyor of sloops, for letters inward and outward, 9s; the next line, 12s. for one letter.

Q. The two sums were consolidated though by two craves? - A. Yes.

SAMUEL THACKERY sworn. - Examined by Mr. Garrow. I am clerk to Mr. Cooper, Solicitor for London.

Q. I find, of your's on the 21st of July, 4l. 5s. 2d. did you receive that sum; if you did not, what did you receive? - A. These are my original craves.

Q. They contain the whole you had a right to demand? - A. I paid 1l. 5s. 2d. I craved 1l. 5s. 2d.

Q. How much did you receive? - A. 1l. 5s. 2d.

Q. You are sure you did not, as this book imports, receive 4l. 5s. 2d.? - A. Yes.

Q. You are positive of it? - A. I am positive;(reads) Solicitor for London, inwards 2l, outwards 19, amount 4l. 5s. 2d.

Q. You are sure you did not receive 4l. 5s. 2d. only 1l. 5s. 2d.? - A. I am sure.

Q. You have the original crave that is indorsed with his hand-writing? - A. Yes.

Q. How came you to have your crave back? - A. It should have been left with the prisoner; I had omitted to enter them in my book at the time I delivered the crave, and therefore I borrowed it of the prisoner to enter it in my book.

Q. Whenever your craves were made, your letters were delivered as vouchers, for him to correct the craves? - A. Yes.

Q. Then the crave was kept? - A. Yes; and the vouchers returned to me.

Q. Did it ever happen, that you demanded or received more money than was disbursed, or appeared by the letters? - A. Never; he delivers aslip of paper of the letters sent out, which has the mark of the Post-Office, that I deliver in; the letters inward, I deliver the letters themselves.

Q. It never can happen, that the sum paid to you exceeds your craves? - A. Never.(Mr. Const addressed the Jury on the part of the prisoner; the principal ground of defence was, that his accounts were unsettled, that it was a mistake, and that he had not had time to rectify it.)

The prisoner called six witnesses, who gave him a very good character. GUILTY .

Confined one year in Newgate , and fined 1s.

Tried by the London Jury, before Mr. COMMON SERJEANT.