The Statesman. — London, England, 1822-08-27 00:00:00

•;* • R 5 ~_: .~~; lifal NCB. 11ciC111 CUlT.—LiNcArrsa. Atm. ?A. rrennor John M'Carty was indicted (with some others), for _ conspiring to defraud his Majesty of the duties pay able on wards queutifies of 'brandy. Mr. SCARLET? stated the case. Edward Begun the ringer was la partnership with his node, is Liverpol, is the wine and spirit , trade. He bad known the defeadant for the last seven ' nears; he etas a rectifier of spirits, and carried on his business in Seel-street, Liverpool, soder the firm al John M'Carty and Co. He had bad many Winne- . lions with him its tredet- the last was for nuts spirits! At and wine that had been sold to him, which amounted to MI. Soon after the delivery of that order, the defendant called his creditors together, and proposed to mod. his debts by jsills en London, at twelve and, t renty-four months. (Here on of the notes ware prortiosed, which the witting had takes ie payment of his demand.) After that meeting the defendant called me hint and mentioned, that he was going to fou a new partnership with setae gentlemen. and that they were going into au extensive trade in foreign suirits. O.e of Oleo centimes was described as • Major in the army. Tb.y fixed upon a vault adjoin ing the premises the defendant onspied, and he said that it was the intention to snake it a bonded vault (a place of deposit partly ender the contralti of the Ex- dee) for such wine and spirits as had not paid the duties. The defendant requested the witness to make the peeper applications to the Excise and Customs, for the porpoise of getting it made a bonded vault ; and said that his he was totally unacquainted with the mode himself, and he also said that the Excise was jealous of seeing °I . a Rectifier meddle with bonded cellars, and especially when they were situated sn wear their own premises. 81• Carty afterwards inquired what bad been done, and sail then the spirits intended to be put into the collar, were principally brandy and holland', and that be bad purchased a quantity of brandy is London, aril be was therefore anxious to have the cellar. ready to put it in, on its arrival. In consequence of the trouble the defendant was requested to pay one of his composition hills, to which be consented, and the witness took the necessary steps to get the de fendant'. wishes complied with. The cellar was ad-1 )oining M•Carty's house, and over it was au empty 'I warehouse. Oo the arrival of the brandy, the witness I was requested to bond it, and for that purpose he went to the quay whore it was landed, and examined one or two of Often casks, and fond them to be of a good quality. A few days afterwards be was in formed that it was unnecessary to bead the brandy, as lie had net been able to pay the purchase money, and the merchants, Messrs. Testes sad Co. had con signed it to the care of their brokers. In come (pence of a dispute between the brokers and the de testiest, • pars of the consigament was put among the Enka worn. The defendant was asked to lot the vitae" have era brandy for on of the bills that had been taken, bat he excitsed himself, by saying. it would appear extremely Menge in the eyes of hie new partners, if the firm thing be did was to pay his old debt* wish thisjoiat stock. Cross-ermatind by Mr. WILLIAMS.—He knew the &foulest bad called his creditors together at the time of these transactions is the brandy; and that his affairs bad bees deemed, bat it was thought possible that Ms new **condom might have broositt him round again. "'James Wood sworn.—He lived In Liverpool, and knew Mr. James Kenney Gory (one of the defendants) made as application to him its the latter end of June, 1617, to become an agent for him, tad some other person', for the sale of win and spirits. the business was to be carried on in his (the whom's) name. The wince and spirits were to be of the first quality, the proposal was acceded to, and in r. 'few days he was introduced to Mr. George Walker (another defendant) sad Mr. linen,' as persons who were is the seme in . In consequence of the arrangement, the wit ness took a warehouse, but nothing was ever put late it, but a few empty cults. The witness afterwards took another warehouse In Peter-street. at the request of Walker and Casey, on the condition that Is was to he taken off his hands, and that lie was not to be re sponsible for the rent. The witness went to Man chester some time after, and on his Mara, was de sirotts of relinquishing the agency, u it was intended to sell contraband brandy. He was requested to con tinue for some time, sod Casey confessed that the brandy that bad been lodged in the warehouse had not paid the duty. The witness tkorght that 81-Carty carried on business in a very disoederly way, and warned Casey not so get too el-only connected with him. Casey afterwards said that be bad obtained some brandy from lii•Carty as a severity for advances be lice I mule, and that be had lodged it in the Peter-street we-shone. James Bell.—Was a Port Surveyor of the Excise at Liverpool; lie, in company with a Custom-house OS. rer, went to Steel.street, and examined a three-arched bririceellar ; sail after some alterations which they suggested wore made, some brandies were permitted to be bonded there. Upon the door of the cellar three locks wore put, the Officers of the Excise, Cas tome, and the owner, each keeping a key, On she Ifith of August. 1817, Robertson (a defendant, d• matted an evidence,) a eoo?er, io the employ of M.Carty, went to the Customs to know if it were pos sible to have the brandy pat into a detached part of the cellar, so as to admit of some rum being bonded in the same vault. For the purpose of examining the utter the Custom-house and Excise Officers visited it or. the 18th of August, 1817. and when there they gauged the brnsily to see if every thing was eu . The lint bung they started they found all as it inuuld be ; but the second cash they opened was found to contain nothing but water; and on examining the nine . casks deposited there, they discovered that the brandy had been extracted from seven of them, end that water had been substituted in its place. With a lighted can die every brick of the arched vault was examined, and after a long search, they found, in the centre of the lergest arch. a brick, which upon bring thrust up limos with • mirk, was found to rise into some vi vant space. One of the officers went into the ware house above. and on removing a dag atone, be saw a hrwit wiiii en iron cramp inserted into it, sod 'entree Gnus dropping into the vault below by tiro wedges. and ow pulling it up, a small aperture appeared, large sough to admits tube through it. It was supposed THE . . that a pipe had passed through this opoolug sod bad been Inserted into the casks. so as to draw the briefly off; bat how an admission was got to the cellar conid not be discovered. Oe the following day soother search was made bet with aobetter success. On the 21st of August the search was renewed, whets some thing was observed in the appearance of the bricks on the floor of the large arch, which excited los picion, and so *akin them up. they wore roped to he cemented together, and also hnund to each other by iron wires passing through them, and placed on an iron plate of about a yard square, which was Iced iota a wooden frame. On removing the whole of this work ; it was found to have rested on a perfect ma chine of about four feet bigb, seek into an exca vation. sad so constricted as, by the use of a wind lass. to raise op the square table of bricks which rested upon it, high enough to admit a man. Still it meld not be seen how any person could get into this eavity , as it appeared to be divided from an adjoining cellar by a Woo' wall, bat ask was evident there moat be a passage to it, it was determined that the next vault which belonged to M'Carty. should be most minutely examined; and oa removing a flag stone in it, the earth underneath appeared as tf it bad been recently thrown up, and of being cleared away, a eight of steps was seen which led under the wall to the machine. The wall had the appearance of having lately been ro paired, and was supported by oak. Thus a subterra neans access was clearly traced into the bonded vault, and by means of it the water to the casks could rea dily be accounted for. Cross-examined.—Merchants are allowed to bond their spirits for two years and if they are not then exported, or the duties paid, they must be rebooded ; but at all events, before they are delivered they must be gauged, aid the contents of the casks known. Mr. M•Carty's premises were exandoed.bat no brandy was found that was irregular. Mr. Yeater had entered into a bond for the payment of the duties, but he now hesitated in paying them, finding he should hare nothing in return. Mr. Richard V. Yeates, recollected the defendant's purchasing some brandy. and he received an advance upon it, from the witness to the amount of 3171. which was to be repaid by the sale of the brandy. He en tered into a bond (or the payment of the duties, and took six of the casks away, the remaining nine were bonded in the defendant's vault, by the witness's con sent, on his giving a bill for 1081. to cover the ad vances that had been made for him. The penalty of the bond, in which the two other gentlemen join ed, was 3,6871.. which was double the amount of the duties. Joseph Heaton, an export surveyor of the Port of Liverpool, examined the bonded cellar on the 18th of Aegost, and observed the bongs of the casks consider. ably target than they were at the time of importa tion. This led to the investigation. The whole of the nine casks were seised. &tweed Metcalfe, port pager at Liverpool, proved that the casks contained brandy when they were put into the cellar, and also that the due of hour bad been altered. - John Woodreffe was outs of the Import of the giviee. be posted that nine casks of b , deposited in the vault in May, 1817. Ha sae ed In discovering the fraud. John Handley Bruce said he wee brought up to the trade of a whitesmith, and had invented some carious locks. He was once sent for by Mr. Casey, who caked him if he could invent a peice of machin ery that would roll in an out of a wall without being perceived; be said be thought it was impossible. A tneeting of himself, Mr. Casey, Mr. Walker and Mr. M'Carty was afterwards appointed at Mr. Weeny'. house, and from thence they went into the cellar, and, on being shown the vaults, he was asked if he could not make a piece of machinery to go under the floor mud lift up a part of it, eo that a man might get oat like a rabbit : he said he thought that could be accomplished. Ile devised this machinery, which was afterward. completed, and erected under his superintendence. White the machine was erecting, M•Carty and Michael Laing (a tof 11P.Carty's, who was included is the indict ment, but who did not make his appearance) were en gaged in convoying the brandy from th..caske he small barrels, holding ten or twenty gallons each. While they were at work, M'Carty said, " I believe I shall make 500/. by ay work to-night." Was. Vaughan, a carter, was employed to remove some casks from Peter street (this was after the dis covery by the Recipe officers in Seel-street), and as he was proceeding down a bye-lane with another carter, who had two more casks, a hoop bursted, and they found that that which they had been told was bot tled porter was brandy ; the officers getting informa tion of the road they bad taken. followed and seised the liquor. John Robertson, a cooper, was e pl yed to make a number, of small casks of from lo to 20 gallons, and after they were filled with brandy, ha cased them io American dour barrels, which were ce eee ye d away in a cart to Peter-street. He assisted is filling the casks la this vault, and Mr. M'Carty asked if he thought the Excise would perceive any alteration. This was the last witness called for the prosecution. Mr. WiLuams, for the defendant, took several objections to the indictment, but they were all over ruled. . _ . Mr. WitAdass—" Gentlemen of she Jury, 1 decline addressing you in this ease," Tbe•Lord Chief Jvsrtcs—" Oentlemen of the Jury, if you wish me to go over the evidence, I will do it with ?lesser', but in my opinion the case is so clearly made nut, that it does nut require me to occupy your time by 'Oa going over it." The Jury at once found the defendant Guilty, Thomas Rostledge was indicted for forging a bill of exehange - for the su u of SOl. with the intent to de -1 fraud William Griffiths. Mr. Griffiths being sworn, stated that he lived at Liverpool and knew the prisoner well. On the 13th or 13th September the prisoner made an appliektion to him to borrow money, and brought a bill of ex change for M. which he described u being drawn by a Mr. William Williams, of Shrewsbury, and sc arred by a Mr. John Evans, a respectable manafrie Toter at Birmingham, and made payable at Sir Jame, Erdalle's, banker of London. The prosecutor hula. 04,1prerimis dealings witti him, did not hesitate give him 251. all the cash he had in the house. The was krpt till nearly the time when it became due, _ when it was pail away to • London trademark. sod in dee time was presented for payment. when it was I diehonoemd. Oa its being returned to tie *tweeter, the prieesm was app-lend of the eireemetance, and h. said that be would provide fur It in a few days t be also added that he thought the persona wboee names were to the bill, were Rot people of properly, bat that be would see every shilling paid him. Cross-examined by Mr. Williams.—He bad bad viair irsaaseilose with the primmer, &ad bad takes bills front him, which were dishompored, hut they had always bees paid is goods or money. Routledge let him have goods a• account of the bill, god 'deceit had beim returned he had haul goods to the amount of 1601. He never anspected that the prisoner contemplated a freed, by passing the bill to bias. If the prisoner had wished to ►are the ►iil given up, be would ►ave done it. S I police °Seen and ether persons were ex amineil. who proved t!tatt no persons of she nams of Williams or Evans lived is Birmingham or Shrews bury, who were connected with the bill its qoestion. Mr. Maros WOOD. summing tip the evidence: acid it was eme&tial to the completion of the crime of for- gery, that there should be an intenilos to commit ■ fraud, sad le this case be could net discover that there was such as intention.—Ver Acquittal. POLICE. blanseow-lloces.—Some time am a inns. *sued Cislssas, was charged with having eoetriveri to get into a set of Chambers in the Old Jewry, with intent to commit s robbery thereia. The elsewhere were under the rare of a man and his wife. who, on the day the huildiag was entered by Colman, were from berme. but on their retort, were eetonhhed at Lading that the door had lowa opened in their abstract, and Isom fiatonished at meeting in the passagit a fellow witre'tieshed by them with great violence into the street, and tau off at fall speed. The activity of the person who was responsible for the chambers, how ever, prevented the escarps) of the ruffian. Soon after Colman was brought to the Ddansion-house, and or dered to remain in custody omit the Sessions. to take hie trial for the misdemeanour. or to 6ed bail. He contrived to get bail, hut they we►e sada bails as were ready to answer for any villain, and could be procured for the price of balf-a crown at any time and under any circumstances. Colman of course kept out of the way, and the Solicitor. npoa inquiry after the bail, found that it was •• star," and directed that the pur suit after Colman should he vigorously renewed. About a fortnight ago the offirers succeeded is ap. prehending Colman, wbo, upon brig lacked up, be gan to look out for fresh bail, and prevailed upon se veral persons to come forward. and deliberately per jure theartelves to get him out of custody. The Lord Mayor, however, directed that suck notice should be given t. the Solicitor for the prose-cation aa would en able him to make all the necessary inquiries into the characters of those w►o presented tbesselvec Yesterday. Colman again appeared at the bar, aid introduced to the Lord Mayo* two gentlemes, who. be said, were unexceptionable as security for his appear-I Paseo at the Sessions. %Melts/ for thrtfeseartliti having restaged use of thiball, it appeared be )Yd bets but lately die eltaired-ine.der the Inaetvent Att. ' The Lou hiatus desired that the prisoner would produce no more bail of Ste description jest examine& reprobated the conduct of the pri in attempting to impose upon the Solicitor for the prosecution, and stated, that the expenses attending the ?request and ineffectual attempts of the prisoner to get out of do rases should in future, be visited opoo them. Colman was then taken back to the Compter. Leonard fleblet. a journeyman butcher, in the neighbourhood of Whitechapel, was brought up. charg ed by two privates of the Hoards who had been on duty at the Tower, wit► haring asked them what they had done with the Bishop ? The Defendant sip d sorrow at having given offence, and said be never would repeat it. The LORD MATO,. who is determined to punish every offence of the kind, ordered him I. find ball. Gut tneatt..—The sitting Magistrate, Mr. Alderman . Coi, was accepted for a considerable time yesterday in the examioatie• of one of those disgusting charges i which have latterly forced themselves upon the notice of the public, with a frequency truly lamentable. The prisoner in this instance. an old fellow, nearly' 60. awned Richard Holland, is one of the watchmen .1 the Ward of Cripplegale Within; and the complain ant. Charles Crowley. a jonrnernan fishmonger. in the employ of Mr. Phtlpot. Bisbopsgate.•treest. The prisoner accused the complaisant before the Magistrate of being the aggressor, and the Worthy Alderman was very particular in the esaminatios of Crowley. wbo gave • clear and consisteat tire of the transaction, while that of the prisoner was improbable. and nut borne out by the circus btances. Mr. Alderman Cot directed the prisoner to be held to bail for the misdemeanor, himself in 1001. and two sureties le 501. each, and he was euhemeently cos mitted'far went of sureties. ri errox . oat ova —William Read. son., according to the new Police Act, was deputed Chief Officer, with an locreass of salary, at this Office ; he has served it. the Offiee bctweee twenty and thirty years,with mach credit. He has two suss. offirers at this office, and another at Bow•street. His chief business is to attend ■t the Wee, and give orders to the other officers, and give the !Magistrate an account how the others are employed. The Magistrate informed Limbriek.that they had received • letter that morning from the Ordnance Office, ordering the fifteen stand of arms, found in the empty Wore in Cursitor•street, to be went to the Tower. and ordered him to take theta there directly, and he should be paid any expense ha was at oat of the office funds. QUZIN-SQUARR.-011 Saturday afternoon, after oar Reporter had left this "ace, Mr. Martin, N. P. (of tisiway) returned, followed by Joseph Waters. the Woolwich coachman, against whom be had preferred the complaint for wantop cruelty to one Whit horses ; 1 when the latter stated that he had made np his mind to submit to a conviction at that time. instead of Availing himself of the del.). which had been allowed ”im for the parrs' of brineiag forward trimness ; .ad on the interposition of Mr. Marti., the Nagle. tratm convicted bias in the mitigated realty of Ws .td ss. costs, which be paid. • ••••••--. WOIIIIIII.IITVIST —On Saturday T. Smith, hiker, st Tottenham High Cross, appared lo 4 enniasens, granted ea a• information of tr ee . w e , ebsiglag him with thin; Improper weights, sea feting to weigh his hind.. Arpotrias attewded oo the pert 4 tie de. readapt. The whites stated that es Wednesday, the 14th of this ',loath. be west Into Mr. Smith's shop, aid asked for a quarter leaf: that havreg paid for It, he n . , quested to harsh weighed, which the baker preeeen,g to do, by polaris( the loaf is mei wile, and a Woo I lump of metal in the other —This used, of artighieg the witness objected tn. as being improper, sod dr sired to have eeperste and diatinct weights placed e the scales. Os this objeesion being made, the b.ker broke the loaf is half. and threw it hack, sayiag e t would not weigh it with sot other weight. The Maglaiirate esssultei the Act of ParHawes., whereby it is enseted, " that if any bolter et selkr .1 bread shall not be provided with proper weights ina scales, he Of they olio:I forfeit and pay say saw set exceeding 405." &.e. ' Mr. A D&LPIIIII cuateaded that the Legislature arr.r contemplated that say saw should be coaricted f o r not placing the aliquot parte of the weight regain* is the •ay ousted on by the isformast ; sod era ridered that, had the loaf bees weighed spina& to poosti weight. alai the surplus weight placed it she ":her male, with the loaf, it would have ben perfectly correct. William Hoek's, servant to Mr. Reysohls,brever of Tottenham, was soiled op as a witsess for the th haunt, and various weights, from a quarter of ar oases to fear pomade, were produced ; he preen' that those weights were oa the counter at the tine and that the baker offered to weigh the bread sin them. The Magistrate said that, under these eireowstancet. he must convict Mr. Smith. A Mr. Presings, a Berman, living in the tam neighbourhood, WY* charged with selling ►read slmt of weight. He pleaded poverty, in mitigation, which the Magistrate told him was so reason why be sboald jet rich by defrandiwg the publis.—He was convicted is the penalty of Ills. and vests. - Mr. Ittsely, of Tottenham, was convicted, Ist refoeing to weigh. in the penalty of 40.., and k coats. hi POSTA SIT Ches.—Application was made terturcl Twyford. Esq.. t►e Sitting Magistrato, to bail ea Itetiestain, committed last Thohday to the H of Correction u a rogue sod vagabond for tlitet months. Tiro ease is important to the public no eeeooet if the' sew punishment it inflicts upon frauds, which bid been hitherto committed upon the unsuspecting riff, impunity. The prisoner Benjamin, last Thursday, entered s shop in Shorediteb„ dressed like a gentleman's servos which be stated hisses', to Ise, and offered to !In. Liarnatd three coats or sale. The prisoner said tha M he came a Jew bad offered 7/. for them, hat he di« liked the Jews so winch, he would rather sell then ht less money to sap Jhody titre. The poor woman we tempted to look at them, sad in came a Jew. prow • in t ; to offer ss. more, which the prisoner refined. it this instant, one Hoot, a pariah officer, having sehtl the ootedect of such impostors, tutored, and surervi,l in securing Om prisoner and briagiug him to its office, where be smiled at the futility of the chart, The Magistrate referred to the last Vagrant Ant. i Geo. 4, et. 40. which emacts.—" AU perigees en , !rp vosring impoze upon a private individual by try false sad (module's representation. either verbally or in writing, with a view either or obtain meaty or v or other advantage or benefit, shall be deemed a rogne and vagabond."—Under this section the prisoner sit convicted and committed to the House of eorreetien for arm months. It appeared that the prisoner would have a roach in coming to the office, sad the coachman now applied fur his tars, bat the prisoaer being convicted, refuel to pay a krtbiag ; however, by the same statute, Magistrates ordered bits to be searched, sod Ii money to be taken from him, out of which the cearh man was paid, and the residue ordered to be applk for the other expenses is apprehendiag, sad fir the support of the prisoner in prises. The pa isonet's solicitor sew referred to the some statute, see. 16, which says t►e party may appeal,•idi sufficient safeties, to prosecute. He therefore ere that the prisoner was entitled to be at large, upon pre clueing good hail to prosecute his appeal. Mr. Twt rows took time to consider, and afterwards said he had perused the whole of the Vagrant Act, sad was of opinion that the commitment in this ease was a commitment in executioe, and that the claw giving an appeal did not empower him to admit bail. The clans* of appeal was the same in 17 fdeo.ll. e lie referred also to the cases of Re: ts. Burke, 2 Term Reports, p. 190, 196, and Rex. v. Rhodes, 4 T. R. p. 229. where the same argument for bail was urged. but it was held by the Judges that a prisoner cow• witted in execution did not admit of bail. Oa thaw grounds the wordily Magistrates refused the appi , c lies. MARRIED. Oa Saturday last. at lit. Misstates. Stepney, Mr. Jests Self, surgeon, of Mile-end-road, to sforgive, yousget daughter of the late Mr.Daeld Scatter, of St.fileorge' , . Yesterday, at Mary-le-bone Church. Sir Edwin! lteu. Recorder of Botabay, to Laeretia Georgians, yount•v: daughter of the lift Sir Martin Browne Rakes. Barr. 01 HiManton-MIL Norfolk. Oa Saturday, the 24th hest. at St. Mary's. Litiabeth. ht. Wood. of Southwark. to Tabitha, only daughter of .104ePik Hunapleby, of Briaton. DIED. Oa Saturday, the 24th last. at his house. in Gloneester stmt. Queens-square, Isaac Pitcher, E,q. is the 19th t ear of his ape. On the ltd inst. of an apoplectic fit. with which he wst seized on the preceding day, whilst transactin•t twines , at ihe orates of Messrs. Reardon and Davis, Co•bearoo" Onseccharrit-street. John Lockheed, Esq. or the 'thin.' of Jams's*. aged 06. Sunday, the Stath instant, Mr. John atackindr•• Middi+Rex-iiinee, Now-road, surgeon. Oath. 17th !getout, at his brother's hon.*, at Mr. Briseo Ray. in tits NM year of his age. Chi the did inst. at Tunbriderwells. Miss niz,ses ll linftwortit. of Prospsat-pisee. Edgware-road. Oa Saturday last. et his bottom in B 's street. st as advanced tee. John . - Leaden s ROW, Printed, and Pabliabed N en. tlere• f "Tbe II " Ind Tic CONITITUTIP" Paper, No. ` tilt , Strand, " by R. WARDELL,P LAN. ts lobe. all entesasications, Orders, fit . an rognoe' o4l be &Want. 1 ~~ HI :,, _~~ __