Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 08 March 2021), April 1874, trial of JAMES BROWN (43) (t18740407-274).

JAMES BROWN, Deception > perjury, 7th April 1874.

274. JAMES BROWN (43), was indicted for a like offence.

MESSRS. POLAND and BEASLEY conducted the Prosecution.

The certificate of Castro's conviction was put in.

MATTHIAS LEVY . I am a short-hand writer—I was present at a portion of the trial of Castro in the Court of Queen's Bench, on 8th October—the prisoner was called as a witness on that day—he was sworn in the usual way and gave evidence—I took down part of the evidence he gave that

day—I have my notes here—I have compared them with the printed evidence—this is the copy that I revised, it is correct—I begin at page 2,029, and go down to 2,030—on 9th October, I again took a portion of the day—I have my notes and the print revised in the same way—I took from page 2,083, to the end of the day 2,114—at page 2,098, and 2,099, a document was put in—this (produced) is it—I have compared the print with it—it is correct—it was produced by Mr. Hawkins and the prisoner acknowledged that the signature was his.

CHARLES BENNETT . I am a short-hand writer—on 8th October, I was present at this trial and took part of Brown's evidence, from page 2,030 to 2,040—I revised this printed transcript by my notes—it is correct.

WILLIAM AISH DAVIS .—I am a short-hand writer—I was present at the Court of Queen's Bench on 9th October, and took a portion of Brown's evidence, from page 2,043 to 2,083—on 10th October, I began at the sitting of the Court, at page 2,117 to 2,130—I have compared this transcript with my original notes and altered it in accordance with the original note. (The evidence given by the prisoner was read in part: the portions upon which the perjury was assigned, being that he was in the service of Mr. Hobbs, Ship Chandler at Rio, and was resident there from 1st January, 1853, to 12th August, 1854; that he was introduced to R. C. Tichborne by Captain Birkett, Master of the Bella, and by Captain Oates, Master of the, John Bibby, at the Fariee Hotel, Rio, about 12th, 13th, or 14th April, 1854, that he occupied a double-bedded room, in that hotel; that Tichborne and Captain Oates slept in that room, and used a bath there; that on 21st April, 1854, he was on board the Bella in company with Birkett, Hosking, Oates and Tichborne, who were all drunk, and saw the Bella sail, and took Oates on shore; that he saw a barque called lie Osprey, at Rio, for three or four months in 1853, and saw Luxe as mate of her; that on 4th December, 1868, he left Millwall in the Otago, of which Thorndyke was master, and proceeded on a voyage to Cardiff, and thence to New Orleans and Cronstadt, and that he remained at New Orleans from March, till December, 1869, and was in prison there nine months in 1869.)

THOMAS OATES . I am a captain in the merchant service, and have been a captain twenty-five years—early in 1854 I was master of the John Bibby, and was with my vessel at Rio—remember the Bella arriving while I was there, and knew her captain very well indeed, Captain Birkett—he was a personal friend of mine—he had then been about three years in command of the Bella—the George Fafe, Captain Hosking, was at Rio at the same time, she is a Liverpool ship—I remained at Rio five or six weeks—I have not got the books with me, but this (produced) is an old journal which I kept at the time—it is in my writing—I arrived in Rio on 2nd April, and left again on 12th May, 1854—I remember the Bella sailing about 20th April—on the morning she sailed I went on board of her to see Captain Birkett, and to assist a young gentleman who was with him, whose name I have since ascertained was Roger Tichborne—I cannot recollect the name he went by at that time—I was to get him out without a passport, he had got into difficulties—he represented that his friends were very well off, but he had not the means of paying his debts in Rio, and Captain Birkett gave him a passage to New York—he promised Captain Birkett that he would pay him at some future time as his friends were very wealthy—I managed to get him away without a passport, by leaving my own ship early in the morning with my boat's crew and going on board the Bella, which was lying at the outer anchorage all ready to go to sea—my own ship was in the

inner anchorage in the ballast ground, not more than a quarter of a mile from the nearest landing place, and a quarter of a mile from the Bella—I slept on board my own ship, and when I got on board the Bella, Captain Birkett was there and this young Englishman—that was about 5 a.m., and the Bella was preparing to weigh anchor, and a steam-tug was ready to tow her out to sea—I saw the young gentleman there and Captain Birkett, and the steward arranged that he should go down into the lazarette, under the store room, under the cabin floor—it is a place where they stow provisions and light goods, and is opened with a grating hatch—the steward placed a few packages over the hatch after he was down—it is like a small hold from one side of the ship to the other—he would have plenty of room, and he would not see if the hatch was lifted up for a moment—the steward replaced the hatch and the steamer came alongside, and the ship began to move down the harbour—she was made fast and towed ahead, and when she got opposite Fort Balignan, which is a Government Fort, near the entrance of the harbour the Government officer came on board to give the ship her final clearance—he brought a true list certified by the English Consul—the Bella's crew were mustered and each answered to their names—the officer said "No passengers!" or something of that sort, as no passengers were marked on the list—the Brazilian officer said that I must leave the ship before he did—I bade Captain Birkett good bye and got into my boat—that was a mile or a mile and a-half from the anchorage—it was in order to pass that place that we stowed him away—as soon as my boat left I saw the Brazilian officer get into his boat and I pulled directly back to the John Bibby to breakfast, and the Bella proceeded on her voyage in tow of the steamer—Captain Birkett was perfectly sober that morning and so were the crew, and they were all at work as far as I know—I was perfectly sober—Captain Hosking was not on board the Bella, while I was there—I had seen the young gentleman on shore several days previous—the prisoner was not on board while I was there—it is not true that while I was there a panel was taken out of the state cabin, and the young gentleman put in there by the prisoner—Captain Hosking, and Captain Birkett, and I, did not go on board in one boat—I left the young gentleman with Captain Birkett on board the boat, and I found him there the next morning—it is an utter impossibility that the whole of the' crew were drunk, and that the hawser slipped, and that they, got it on board again and made it fast—I saw the vessel and all went on smoothly—the prisoner was not there at all during the whole time I was there—the hawser did not slip, there was no accident whatever—he did not lift me and Captain Hosking into his boat, and row us both ashore together—I never introduced the young gentleman to the prisoner at Rio, by the name of Mr. Tichborne or otherwise—the first time I saw the young gentleman at Rio, was at Fox's stores with Captain Birkett—I never played at billiards with the young gentleman at the Fairy Hotel, Rio—I could not play at that time—I did not in April sleep in a double-bedded room there, this man occupying one of the beds, or at any hotel with him—I never had a bath in his presence in a room at Rio—I never saw him at Rio—I first saw him at Bow Street, when he was brought up on this charge—I knew very little of the hotels at Rio in 1854, but the water was not laid on to the houses then—a few days after the Bella sailed a vessel brought in her longboat and two watercasks—it was then supposed that something had happened to the Bella, and I heard of her loss afterwards when I got to

China—I never saw any more of Captain Birkett or the crew—I saw a person on his trial in the Court of Queen's Bench, he had no resemblance to the person I stowed away—after Captain Hosking and I had been examined at Bow Street, the prisoner in my presence stated before the Court that we were not the men he had seen at Rio de Janerio, that there was another Captain Oates in command of the John Bibby, and another Captain Hosking in command of the George Fife—I know no other Captain Oatea in the Mercantile Marine, and there is no other John Bibby—she was named after a member of the firm well-known in Liverpool, Old Mr. John Bibby—her tonnage was 850—the George Fife was between 800 and 900 tons, and both were ships, not barques—as a sailor I can undertake to say that there were not two other ships of those names at Rio—the John Bibby is the only ship of that name on the Mercantile List—I was examined about this matter at the Law Institution in 1868, and on 23rd May last I was examined at the Queen's Bench, as a witness for the prosecution as to the Bella, and as to the stowing this young man away—I was not in the gallery with a lady on 8th October, I was in Hull—I left London on the 1st, and did not return again till the 17th or 18th.

Prisoner. This gentleman is not the Captain Oates I was alluding to—did I say there were two George Fife's, at Bow Street. Witness. I understood you so—I did not have a Custom House pass to go on board the Bella on 21st April—any vessels plying about the harbour of Rio are liable to be asked their business, and if you give a civil answer that you are going to such a ship, it is not necessary to have a pass—you can pass from the shore to a ship without a pass, but you cannot land without being examined by the Custom House officers ashore.

ROBERT HOSKING . I reside at Boston in Lincolnshire—I have kept the North Union Hotel there about three years and eight months—before that I was a captain in the merchant service for thirty-two years—I was twenty-two years a master—I was with one set of owners a "long time—I was with three different owners at Liverpool—I was with Stenny & Co. three years, and with John Bibby & Co. about five years, and with Haynor & Co. for something like seven years—in 1854 I was in command of the George Fife, she hailed from Dundee—the owners were. Messrs. Niche and Small—that was my first voyage in the George Fife—we arrived at Rio on 15th February, 1854, and remained there up to 26th April, 1854—Captain Oates was there at the time in command of the John Bibby—we arrived there before the John Bibby and I remember her coming in—I knew him well and I saw him every day—the Bella arrived there a week or ten days after me and I knew Captain Birkett very well indeed—I was on board of her several times while she was there—I was on board of her the day before she sailed, she was then in the outer harbour intending to go to sea that day—mine was a visit to bid Captain Birkett good bye—I went in my gig between nine and ten in the forenoon, and was on board twenty or thirty minutes—I left again in my gig and went back to my ship and was not on board the Bella after that.

By the COURT. Q. Where were you next morning? A. On board my own ship—I came on board about 6.30 and asked my chief officer if the Bella had sailed, he said "Yes," and I saw her clearing the outer fort towing out, and beyond where the Custom's officer would come.

MR. BEASLEY. Q. Did you see the prisoner at Rio? A. Never during my two months and eleven days—the first time I ever saw him was at Bow

Street, at the examination before the Magistrate—it is not true that I was on board the Bella when she sailed, I was not out of my bed—it is not true that I and Oates and Birkett and the young man went off drunk in a boat together—I never saw them the worse for liquor—it is false that I was so drunk that I could not help myself—I never went in a boat with the prisoner in my life—I saw Roger Tichborne on two occasions, once at the hotel and once between the two Stores in Lower Street near the harbour—I did not speak to him on either occasion—I never played at billiards with him, I never saw a billiard room all the while I was there—he was with a lot of young gentlemen belonging to the town—after I had been on board the Bella the morning before for about twenty minutes, the young gentlemen came up the ladder on to the deck from a shore boat—I saw Orton, the defendant, in the late trial in the Corn Exchange at Preston twelve months ago last October trying to raise money—he was decidedly not the person I saw at Rio as Roger Tichborne—during the time I was at Rio there was no other Captain Oates or Captain Hosking in command of merchant ships.

Prisoner. I know you and recollect you well, and thought your name was Fox—did you ever go to an hotel at St. Accused, which Mrs. Mina kept? A. I never did—I did not see a black ship lying outside with her bowsprit gone and her topmast down—I recollect that a French ship capsized at Rio, but the mate did not shoot himself—the gas was not laid on at Rio when I left.

COURT. Q. Have you been at Rio since? A. No—a contract for the gas pipe had come out from England—I don't believe there was any water laid on—I think we got the water for our ships from a water tank.

Prisoner. The Captain Hosking whom I knew was six inches shorter than you—the water was laid on in 1851—the black ship was the ship Captain Oates commanded—she was called the John Bibby, of New York, and Captain Oates was in the Queen's Bench the day before I went to the Court—the other Captain Hosking had a brigantine, I think, but I won't be sure. Witness. There was only one John Bibby there, and only one Captain Oates, and only one Captain Hosking.

FRANCIS LINDSTROM . I live in Carlisle Street, Liverpool, and am a native of Gottenberg, in Sweden—I was born on 1st April, 1827—I knew at Gottenberg Carl Peter Lundgren—we sat in the school close to each other—he was a seafaring man—he was a year or year and a-half older than I was, and went to sea with a cousin as a cabin-boy before I left school—he was then mate, and afterwards captain—the first vessel he went from Gottenberg in as captain was the Wilhelm and then the Isabella—he correspondent owner of the Isabella was Mr. Lundgren, and the father was part owner—the Isabella left Gottenberg, I believe, in 1852, for England, with Carl Peter Lundgren as captain—that is the man who was tried here yesterday, who calls himself Jean Luie—I did not see him till yesterday, when I came yesterday.

HERMAN THEODORE TRANA . I am in the service of Montgomery and Co., provision merchants, of Liverpool—in 1850 and 1851 I was in the service of Heald and Co., of Newcastle, ship-brokers—in 1850 or 1851 a vessel called the Isabella arrived at Newcastle—I went on board her—Carl Lundgren, who was tried here was the captain—I afterwards saw him at Hull in 1853 and 1854—I was then corresponding clerk in the same firm as he was—we were fellow clerks five or six months, during which time I

saw him daily—he spoke Swedish, he is a Swede, and so am I—I saw him again in Bristol in 1862.

SAMUEL SHIELDS . I am a ship-broker of Hull—in 1853 I was a partner in the firm of Lundgren and Co., of Hull—Lundgren, who was tried here yesterday was in their service until I left, in October or November, 1853, and after I left I knew him at Hull in the same firm—I am quite certain he is the man I saw yesterday—I gave him orders from day to day.

JOHN LUNDGREN . I am a ship-broker, of 39, Horseferry Road—I am a native of Finland—I have been in England since 1848—I carried on business as a ship-broker at Hull and Grimsby from 1851 to 1857—Mr. Trana was a clerk in my service, and Carl Lundgren, who was tried yesterday, was another clerk in 1853 and 1856—Mr. Shields was my partner for a time.

JOHN DONNETT . I am secretary, and one of the examiners under the Local Marine Board, London, and was so in 1861—this is my signature to an application by a person named James Brown, to be examined for a master's certificate—he was examined and I signed this paper—in order to be examined he had to make out this list containing his entire services at sea—the last three vessels are numbered 1, 2, 3 and 4, with ticks against them, that means that he produced testimonials of good conduct corresponding with his period of service from the owners or from the master if he was mate—he came up first, being desirous to pass as master, but failed once and came up a second time, and only obtained a certificate for seamanship—this (produced) is his letter—he only got a first mate's certificate—that would be returned to him in ordinary course—in all cases where the applicant has served a period he has to make a declaration before a magistrate or before the Lord Mayor, at the Mansion House—the certificate was returned to him when he passed—these papers show the ships on board which he was—from 1853 to 1858 he returns himself as mate of the Equity, of Boston, had his services been confined to English ports he would have to produce his discharge—I have heard of the original application made by him.

Prisoner. Did you examine me? A. No; my colleague did, Captain Noakes, he was the other examiner in seamanship—he is alive, but is in very bad health.

GEORGE CLARKE . I am Chief Inspector of Police at Scotland Yard—on Friday, 6th March, I received a warrant for the prisoner's arrest, and took him in custody in Sutton Street, Shadwell—I read the warrant to him—he made no reply—this pocket-book (produced) was on the table, and it contained these papers—(one of these was a certificate that Mr. J. Brown sailed in the Annie in April 1868 to 1869, and was discharged at Rio de Janerio; another, that William Brown sailed to Newport, in Wales, on 25th March, 1870.

Prisoner. He has said nothing but what is right.

ISAAC ORFORD PHILIP STEWART . I am principal clerk in the Seamens' Kegister Office—I produce the ship's articles of the Annie, of Halifax, Nova Scotia—she sailed on 30th December, 1868—James Brown was the chief mate—she went on a voyage from London to Rio—the register is signed by James Brown, and he was discharged at Rio by mutual consent on 29th April, 1868.

Prisoner, That is perfectly right.

JOHN SARJEANT . I am a clerk in the principal searcher's office, Custom House, London—I produce the ballast clearing-book for 1868 and 1869, which would contain the entry of foreign vessels leaving in ballast—I

find that the Annie left on 30th December, 1868, and on 3rd December, 1862, the Otago, of which Thorndyke was the master, cleared from Newport and from Monmouth for New Orleans.

Prisoner's Defence. Gentlemen of the Jury,—I have not much explanation to make. I made a mistake in the identity of the men, but I am not guilty of perjury. What I have said is perfectly true. If they find me guilty, God Almighty will not find me guilty. The explanation about the papers is this—if I could go to Washington and get a list of the ships you would only find my name from December 1856 to 1858. That could be easily found at Washington, but it could only be got from the Secretary of State at Washington. I have no doubt the prosecution know that but they won't own it.

GUILTY One Day's Imprisonment, and Five Years' Penal Servitude.