Star. — London, England, 1812-01-20 00:00:00

IMI. fteture--of cotuntiseration for the situation of per sons whie, though perfectly innocent, must be involv ed in the same ruin with the prisoner if he, should be found guilty—there was no one With whom such con siderations could operate so powerfully as with tee very honourable person whose painful duty it was to be this day the prosecutor. But he could not have given way to such motives without a very culpable neglect of his public duty. He (Mr.Garrow) would not be discharging the duty cast upon him, with sit-. tisfaction to himself, if he were to enter into a stater ment of any thing that was not indispensibly neces sary to the elucidation of the case—he was quite sure, however, that if the Jury had read any thing upon this subject in the variety of articles with which the public papers had been filled, they would dismiss from their minds every thing of such a nature, and attend coolly and dispassionately to such evidence only as should be now laid before them on the sub ject of the prisoner's guilt or innocence. The Learned Gentleman then entered into a detail of the case, but as the evidence given by the witnesses may be deemed ot more importance, we shall abstain from following him in his detail. Upon the law of the case, he beg ged to state his opinion of it to the Jury, subject, however, to the better judgment of the Learned Judges. He took it from the oldest authorities in the law, that the crime of larceny, as it was imputed to the prisoner, (without any of the considerations, of whether it was larceny in stealing privately from the pet son, or stealing in the dwelling-house, or larceny on the highway, but simply larceny as it was defined in the oldest law-books) was the felonious taking of the personal chattel of another man, against the will and without the consent of the proprietor. Had we in this case a chattel of which the owner could be robbed, in the legal acceptation of the word ? No one could doubt the fact. He should, however, cite one case which was one of the first, precisely like the present ; and indeed if there was any thing of difference between them, it was what pressed harder on the prisoner. He meant the case of the King v. Hervey Eccles, a money lender, who proposed to raise money for a person named Edwards, who ap plied to him to discount a bill. He took Mr. Ed wards's bill from him, stating that he was going into the next street, and would immediately bring him back either the bill or the money, but neither of these engagements did he comply with. On that occasion the present Recorder and Mr. Fielding were Counsel for the prisoner, and they contended that the offence imputed to him was no telony, but merely a breach of trust. The real question however to be taken into consideration was, with what intention did the pri soner receive the bill into his possession ? It was manifest that he had at the time in his own mind, the felonious purpose of converting it to his own use ; that the law held to be, felony In that case, as in the present, there were no previous preparations—no , settled plan of operations by which the prisoner hoped to escape with impunity—there was no purchasing American stock ; there was no procuration ofdoubloons to fly with to a foreign country, and there were none of those other strong circumstances which characte rised the case of Mr. Walsh. Eccles simply possessed himself ot the bill and converted it to his own use.— There was some difference of opinion as to the law of the case, but it was afterwards solemnly argued before the twelve Judges, who pronounced Mr. Ec cles's offence to be felony, and he was accordingly banished the country. The crime however new un der consideration, did not involve the life °Lela pri soner, it was but a transportable offence. The ques tion in this case, if it was a question at all, was, whe ther at the time Mr. Walsh received the prosecutor's bank notes, he intended, in the language of the law, feloniously to take them against the will and without the consent of the proprietor, and convert them to his • own use ? Had the Jury any doubt that he so in tended ? Had they any doubt, when he purchased FRAUD UPON SIR THOMAS PLOAIRR, KNT. the doubloons and the American Stock, when he Saturday Benjamin Wahh, Esq. M.P. was indicted prepared his linen for travelling from London, when for feloniously stealing, on the sth of December, he was overtaken at Falmouth, and confessed that he 1811, in the parish of St. Dunstan's in the West, ' intended to go to Portugal, and actually delivered to, Bank of England notes, for the payment of .€lOO4 the prosecutor's attorney the American debentures ech, and an othe r note of the same Bank, for the and the doubloons which lie had purchased ; and still payment of £2OO, the property of hir Thos. Plomer, less could they have any doubt when he candidly, in int. There were six other counts in the indictment, his letters to his brother (which would be produced in I riledging the offence in different ways, but without evidence) developed the whole of his plan, and con- I any very material alteration ; in some places calling I fessed that he designed to run away with the prose-1 the Bank notes, warrants, and tells of exchange. cutor's property, that his intention was felonious ?It Few trials have excited so much public interest as would be said, that his intention was not felonious, theme which is the subject of the subsequent detail. because he did not convert the whole of the prosecu ei early as eight o'clo c k the avenues, and vicinity of tor's money to his own use ; that he honest;}' ac ee Sessions House, were thronged with people' Of ! counted to him for the £6OOO. That very circum- I the most respectabl e a ppe arance , eager to gain ad- stance, in his (Mr. Garrow's) mind , only skewed ' eition to the Court. The judicious arrangements, I that his plan was more cunning and subtle. The , hareeer, of the Sheriff, tended very much to remedy accounting honestly for the 4'6000 to the Solicitor the inconvenience which an indiscriminate admission i General, was only intended to lull all suspicions of *leveler one who claimed that right to an open Court ! the intended robbery ; a nd so hi g h an idea had the 'mid produce, and materially to preserve the good prosecutor of the prisoner's honour, that the detection order and decorum of the trial. i of the offender was to be attributed to the merest ace; At a little after ten o'clock, the Judges, Lord Chief cident. The simple addition of one or two words to Baron Macdonald, Sir Simon Le Blanc, and Sir I the answer of the banker's clerk, when the prosecutor Chembre, took their seats on the bench, and had asked whether Mr. Walsh had left any money immediately afterwards the prisoner was called to the along with the Bills of Exchequer, caused the detec ler, and the indictment being read to him by Mr. tion of the offender, and prevented the successful : Sheldon, he joined issue, by pleading Not Guilty, and., completion of his intended robbery. The Learned Pitting himself upon the country. Gentleman concluded by anticipating such a verdict • The prisoner walked into the dock with a steady. from the Jury, as would completely answer the object Pee, arm arm with a friend, apparently, however. of ail* proiecution. t e ° , l llieterably dejected, and labouring under the pain- ! Sir Thomas Mom was then examined. He stated, • 4 ' consideration of eis unfortunate situation. He that for many years past he had employed the priso ees dressed in deep mourning, his hair dishevelled, ter as his stock-broker. In the course of last sum '3duPPereiered, and his appearance altogether be- mer he made a contract for the purchase of a consi- Im Yine a carelessness and negligence at every thing derable estat e, and informed Mr. Walsh of the cir ett the unhappy c i rcumstance - s ender which his con- cumstence, and that he should be obliged to complete duct became the subect of so grave an investigation. the purchase by Michaelmas. In conse q uence of The melancholy ap pearance of the prisoner, the con- which, be consulted with Mr. Walsh upon the pro lideration of his situation and rank in society, the so- priety of selling a large quantity of stock in the funds, °ton gravity of the bench on which sat the Learned for the purpose of meeting the occasion. Mr. Walsh ladge4 abovementioned, the Chief Magistrate of the however advised him not to sell so soon, as there considerable number of Aldermen, all at- was a prospect of a considerable rise in the funds, and - .let robes, the crowded but respecta- the later the sale was postponed the better. As the iich filled every part of the Coutt, title to the estate which he . intended to purchase was tmstances which imposed upon feeling not made out, he wasnoti suchahurry, and there.. es that could only be justly appre- fore waited until Mr. Wa lsh . himself, to sell about _l out his the mid who were present on this salemn oc- dye of November, urged hu as the Jury were charged, the pri- stock , g ivin g him as a eealsrli strongly on that the funds would . the indulgence of a chair, with which fall. He com p lied with his suggestions ; but as tmediately complied, and of this,conve- the contract for the estate was not sufficiently for tiled himself during the whole trial. I ward for completion , h e suggestedt . l i i s e e i dea 1 nut the money, which would othens lie. idle, in the opened the pleadings, and stated the case to the Jury, and be- purchase of Exchequer Bells. He had given a writ 1, that if, upon a subject like this, it ten p ermission to the p ris oner , on the 28 th of No k_ been possible, for feelings of a private vember , to s e ll out his sten a subsequent. day im their regiments on actonnt lwed an addition of ss. per Ile under the directions of of his Majesty's•TreAstiry; ted for two months only st t ime, and in to continue for more than itlVe months. Lieutenant -Generals Sir CIIARLES ASGILL I ol d WIOARD, are to retire from the Staff in d ib e i are to be succeeded by Lieutenant-General! roof s, BART, and . DnuN . imoNo. Lord Fottazs to co nalld the Dublui District in the room of Sir COMA AsOILL. W e d n esday the West York Regiment of English tii t ia marched into Cork from Monkstown, where ..yy bad disembarked. TRAIT.EROUS CORRESPONDENCE. URTHER PARTICULARS. A G e oleman from the Transport Office disco teed the traitorous correspondence of General Si and surgeon Bc'iron, with the French Govern. peat respecting the landing of a considerable num. ! ter o f t roops on the coast of Cornwall. General Si lo, it is said, undertook to arrange with the pi ,,,,ers here to join them. On Wednesday morning, , Bing received information that two foreigners an. i ,i es ing their description had been seen at Richmond, officers went there, and on enquiry found that two, iippi Gentlemen had been there in a post chaise, were satisfied they were not the men they wan • They then went to Hounslow, supposing thetl geo ld cross the country there from Odiliam to the cast of Kent.' There they - heard of Frenchmen in a Pest chaise to town, who answered the description in ; ic y respect. They traced them to the corner of D om oreet, Piccadilly, where all farther clue was ; ite. Jr then occurred, that they might have gone to I french Doctor's in Dover-street, who had been ps;ccted of corresponding with General Simon.- - Itey had called there, but remairo•cl a short time.— Tie officers then went to Madame Ginn, (proprietor ; t ithe dlkence which used to run to Paris) in Great Mein -street, where they found three Frenchmen, end they concluded one of them was Simon. They orstained that neither of them was he ; but disco. and that they were all officers who had broke their foie, and in consequence took them into custody, ad lodged them in Tothill-fields. The officers afterwards went to a house in Pratt eat, Camden-town, gave a single knock at the door, ad were answered by a female servant in the area. 95e officer who knocked at the door told her he wan ted m speak to the Gentlemen who lodged there ; die denied any being there, and refused to open the bor. The officers surrounded the house ; they got ' upon the garden wall behind, and by the light of some cradles,SlVl some men in the back parlour, who dis- Ippeared, and the candies were putout . Lave nder•: went ithort time after, and knocked at the door ; the girl ansvered him fromthe area ; and he told her Le had got a letter for the lady of the housz, which he must deliver to her ; the girl refused ; Lavender then threa tened to shoot her, if she did not ; but she was not to be intimidated, and dared hint to it. Mean time the oda officers got over the wall behind, and found the General and his companion Boiron in a dark titchin. On Saturday the nustresi of the house, who is a Trench woman, and the servant girl, undetwErif acumination before Mr. NA RES. In cousequence of the above discovery, a number of Frenchmen who corresponded with General Simon, have been lodged in Tothiil-fields Bridewell, and were on Saturday re moved thence to a prison-ship at Chatham. OLD BAILET. fixed by Mr. Walsh fur him to attend at his Ace, ' could not be considered as a theft, hoiveher it AP for the purpose of transferring the stock. He should be as a debt. And as to the second pr inn that not have sold out so soon, hut for the repeated soli- seeding them Sir Thonsas the treat-notte- obteided citations of Mr. Walsh, When the stock was Sold from ths banker for this check, is ceulit by no means out, he received an account of the produce from the be considered as stealing from Sir Thelnas Plemers • prisoner, which he left him to pay into hissers. Gee for he hid no property nee contred whatever in these ling and Co.'s (the witness's bankers), and which he identical bank-notes, for he never had any possessied said he would do. It was the 4th of Decerhber that in them ; any other notes might have been given f or he went into the city to transfer the stock. The Inc- this Check by the Bank, or the priestlier might have saner said that he would call next morning at his changed the check with his own broker ; or parted chambers in Lincoln's-inn-square, to receive a clock with it for any ether property, in which case it could for the money, which he did, and witness gave him a rot be ni tine:hied that he had stolen sucls property check on Messrs. Gosling for £22,000. It was given from Sir 'l' ;one's Pl.;nter. The feet w is; that the for no other purpose than to purchase Exchequer check could not be asailsble to Sir Thorne' so lrng bills, which prisoner promised to bring to him at lour es it remained in his own hands, and must Le se to o'clock on the sth of December. The prisoeer ac- the possession of anothet before it could he s (value. cordingly called next day, about half past four; and The moment he gs. e it in trust to the prisnner it be produced Messrs. Goslings' receipt for £6OOO worth came a debt of civil contract s for Whiffs he expected of Exchequer bills, stating, that he had contracted ,to receive in return, net Benkeunes, but Exchequers for the rest, but that they could not be got that day, bills, to be purchased for his aceetint by the prisoner as they were locked up by the teller, Mr. Trotter, in in a profe,s.onal way. The prisoner therefor; became a drawer at Messrs. Coutts's, bankers, to which house responsible to him for the check in part; and if he he was agent ; but adding, that ho had paid the re- failed to perform his instalments, he became answer mainder of the money back to Messrs. Gosling, tor able only as for a debt. Eccles's case, cited by his Sir Thom as ' s a ccount . Si r Th o m as , o n hi s wa y Learned Friend, Mr. aarrow, was materially dare leame, called at Messrs. Goslings, and, on enquiry, rent from this ; for then it appeared that the prose , found the 4xche q uer bills had been there deposited, tutor never entrusted Eccles, but sent his setratet ttl but no money. This excited his surprise, and indu. watch him, and virtealli never quitted the vissession cedsome enquiry, hut he saw Mr. Wals no more Of the bill. Here the - cannery was the ease ; for the until he was in custody at Bow-street. check was actually turned over to the prisoner in must There were now several letters from the prisoner for art express purp -se. If Sir Thomas Flom r had produced, in which he acknowledged the whole man- sent his servant to the Bank, exprcs ,ly fi r Baekeiotss, section. These letters were proved by George Tho. and that he had embezzled them to les-own u:e, the mas to be in the prisoner's hand-writing. During case would then indeed be quite different. Wit the the reading of them by the Clerk of the Court, par. yrisoner was not the ssi %suit of Sir Thomas, but titularly where they mentioned the distress of his musty empowered by him, in the way cf An agree, wife and children, and the manner in which be was and responsible to Line only in the way of civet cons forced to abandon them and a country where he could tract debt, for the performance of his commeston.--- no longer bear to live in disgrace, the prisoner ap. For these reasons he contended that the charge of peered to be convulsed with the deepest anguish e and larceny was not sustained. frequently burst into tears. Mr. ALLEY was about to collier on the same side, The next part of the evidence went to prove the but the Loan Cu;u' Berton was quite satisfied that payment of the check at Messrs. Goslings', to Mr. there were serious and sober doubts as te this point of Walsh himself, with the numbers of the trank-notee law, and was not for stretching Luther the doctrine of —lt was next proved by Mr. W. Hannan, that he constructive larceny. All that the prisoner could be sold the £6OOO Exchequer bills on the morning of convicted of now was, of what he confessed in his la the sth December to Mr. Walsh, and £l6OO India tors, and the point of law would he reserved. • bonds, which were paid for in ten bank-notes ofi Mr. Auer was *weir= that the verdict of Guilt? £lOOO, tallying with those paid by Messrs. Gosling , . should not go against him, since then he would be a Mr. Dennis De Berth, partner in thrhouse of Dee. recorded felon, and the attains could only be removed mall and Co. proved that the prisoner applied :o him by the Royal pardon. If this were in arrest of judg. on the 19th of November respecting the purchase of ment upon the record, he would not press it; but where American Stock to the amount of £ll,OOO, and of it was one of feet for She Jury, he was pressed to save course completed the bargain on the sth December, the conviction of felony. paying him in bank -notes, the numbers of which core I After some further observations, it was agreed to responded with those paid at Messrs. Goslings'. I accept a special verdict from the Jury, subject to fu- Mr. Joseph Walsh, the prisoner's brother, proved lure argument, or the opinion of the twelve Judges.. that his brother, ast er re p ea ted application, had paid i Baron MACDONALD then shortly adlressed the Jul, him a debt of :6'1199, on the sth of December, and a . and told them, that strong doubts had arisen in this £lOOO note of the sum appeased to be one of those case upon a question of low, whether the crime charged paid by Mesas. Goslings. against the prisoner was it larceny or only a civil cone Mr. ream proved that the prisoner applied to him tract? To settle this point ultimately, two modes had on the 2ti of December for the purchase of £5OO in been proposed. The one, of special argument in a fu. Poituguese doubloons, but afterwards, on the eth,:ture Perm, which would be attended with much diminished his order to A:300, which he then took ; greater suspense and embarrassment to the;prisbner. and paid for in notes, which were proved to have ; Tsee other, to reserve the que.tion for the decision of the been paid at a banker's in change for one of the ; twelve Judges; if the Jury should convict the prisoners £lOOO notes before mentioned. I The fact then for them to decide was, whether the The whole of the notes received by the prisoner for I prisoner, previously to his obtai*ing possession of the Sir Thomas Plomer's check at Messrs. Goslings', check from Sir T. Plomer, for the professed purpose having been proved to be thus disposed of by him forlef purchasing Exchequer Bills, had formed in his own his own purposes, the remainder of the evidence mind the fraudulent project of cmbezzlieg the money traced him to F almouth, where he was found by ;to his torn account. The better to enable the Jury to Mr. Jenkins, Sir T. Plomer's solicitor, and where he make up their minds on this question, he would recae surrendered to him the American debentures, and the pitulate the'parts of the evidence that bore immediately bag of doubloons, ackowledging his intention to als-(on the point, if they did not wish to hear the whole scond from the country. summed up.—The Jury agree.). The evidence for the Crown being closed, His Lordship then recounted the circumstances of Mr. Sceeeeer now rose, and was proceeding to , the prisoner having bargained for the purchase of address the Court upon some points of law in this ; £ll,OOO in American stuck, so far back as the 29th case on behalf of the prisoner; when I of November, and his having agreed for the purchase Mr. GARROW said, that although he was ready , of AMCIO of Portuguese coin on the 2d of December now to argue any points that his Learned Friend —and this• while he was a ruined man, and, as he might offer, yet exhausted as the Court was, after afterwards acknowledged, wholly destitute of pro ,so many hours of attention, and as it was probable, perty, and while be had in contemplation the obtain that if the arguments of his Learned Friend should ing of Sir Thomas Plomer's money. His having go to any length, it might lead of course to a long ; acknowledged in his letters the intention to dek aid reply, he thought it would be better, as most pro- I somebody—first, a Mr. o—, and afterwards Sir 'f. bably the arguments on both sides would ultimately Plomer ; his having come from hishouse in the coun lead to a more extended discussion next term, or be try on the very morning of the sth December, with referred sa the opinion of the twelve Judges, it might baggage for a long voyage ;his subsequent purchase equally wed answer the purposes of his Learned of stockings and night-caps, for the purpose, before Friend to state shortly to the Court the leading points he obtained the possession of Sir Thomas Plomer's of his objections. I money ; and his afterwards acknowledging his settled To this the Court also acceded, and Mr. Sceeurrellntention for the purpose to have been fixed ; taken proceeded. He said, that in looking to the objet- together, coup: leave no doubt that the fraudulent none he was about to offer on behalf of the Prisoner, I project had been formed in his intention long before no man who knew him could suppose he entertained' he actually received the check. The Jury would, an opinion diffsrent from that of every honest man therefore, consider their verdict. Without hesitation, as to the moral turpitude of the prisoner's conduct. I they returned-:-Guilty. Indeed, the prisoner himself had in his letters acknow. The point of Law, as to whether the offence be ledged that turpitude to its fullest extent, and, he Felony, or .only a Frail, will be solemnly argued was convinced, must feel with the utmost compunc- neat Term before the Judges—on whose decision rests tion the full depth of the disgrace in which an act so L I the fate of Mr. WALED. frindulent had involved him. But it was not the i The Court was very much crowded, notwithstand criminality of his mor al conduct that remained at ,in g that the seats in the galleries were disposed of at this moment to be discussed, but the construction of f half a guieel each. law upon the fact as it stood, and the question, whe. I The Loden MAYOI, in his robes and collar, took titer the evidence this day- adduced was sufficient w the centre seat on the bench ; and on entering put sustain the charge of felony, as set out in the indict.; on his hat of ceremony, which he subsequently took meat ? The indictment consisted of seven counts, off. Chief Baron Meeposeee, Sir ALAN CHAIIBRE, which, however, resolved into two charges; the one ' and Sir StsitseeLe Awn, sat on the bench. for stealing the check of' Sir T. Plomer upon his The demeanour Of the prisoner was s suitable to his banker, and the other for stealing the bank notes distressing situation; be appeared much emaciated, afterwards, and it was stated in the indictment as the , and the workings of his mind seemed to havesettlod property of Sir T. Plomer. With respect to the' into a quiet and resigned melancholy. • former, he should maintain that no such charge as I The follow,ng were convicted of felony s—Ce, thit of larceny could be sustained by the evidence ; Emanuel, for stealing seven pieces of muslin, Eliza. for it appeared that the check itself was freely and beth Pepper, for stealing a quantity of wearing ape voluntarily given to the prisoner by Sir Thomas, and pared ; D. O'Connor, for.coining certain dollars to applied in part to the uses for which it was given, so resemble the stamped dollars of the Bank ; G. Dae far as obtaining far it the payment arthe banker's, i vey, fur having in his possession forged bank-notes I and applying a considerable sum .to purchase Es- and 'l'. Alcock, for steeling two cwt. of rope ; -and chequer Bills and other stock, as he was directed, two were acquitted, viz. J. Norton, alias NA'arwick s which were duly deposited fur Sir Thomas's ac. l and W. Jones, aline Price, who were ordered to re. count. By the Act of the 2d of George 11. cap. i main to be again tried on another indictment. 25, which defines the crime of larceny, it was neces- I sary to chew that the party charged with the offence ! ;t Altmann bad, by some previous contrivance or circamventioo , it the rot obtained the property, from the owner ; whereas it to month was here in proof that Sir Thomas had given the eosecuti check to the prisoner of his own accord, and conti- ever wa dentially in the way of his profession as a stock- 1, and broker • and consequently that however the prisoner vas lon might ire afterwards tempted to apply the check to ed to other purposes, his mode of obtaining the pc. mesiou Monday last Alexander Caine nr 0' Katie, was triesl at Edinburgh for the robbery (AA RCIII BA LD STEWART at Stirling, in the month of October last. The sum taken from the prosecutor amounted to upwards of £lOOO. The pi ironer was traced to Dusis!rtes, where he was apprehended, aid the greatest pact of the, in . o. ney acovered. He was found guilty upon the clearest evidessge, and sentenced to be execet,%l at Stirhug on the 215t . 01 February. 'nit I stets, ab;einn all oy from too -f t pay, payabi tbe ch Commissioners allowaitte to be issue , 2nd in no case City,--•c,,,rui y, considers bredl in their scar] b e auditory w hi sere all circumst naiads, sensations ckted by those w stop. As soon Per requested tl tile Court immed DAen he availed . ce GUnNEY C n .r. %mallow I tan observin W u ld h oe bee!