The Sun. — London, England, 1801-10-05 00:00:00

PEPOR7'; COURT OF KING's titi%lCrl .Sl2 BEFC,:tE I.ORD_ KENYON AND S SPECIAL JURY, LONDON. THE KING V. OWEN ANIS ANOTHER. [W e gave in our Paper of t ith July lait; a short Acto'unt of this Cause, of which we- now give 'a mere detailed Re porti. • This was an iiidiament against Robert Owen and William Mardell, for unlawfully and knowing_ /11-having - in their possession; and'keeping certain' Naval Stores, belonging to His Majesty, Con trary ,to the Statute, &c. This Case is'very interesting to the Public, and particularly to those, who deal in Copper, &c. &c. The proceedings were opened by Mr. J tains. The ATTORNEY GENE.RAf, 'opened the case for the Prosecution. He said thiS - IndiaMent was pre ferred in order to repress a species of fraud and em bezzlement that was highly injurious to' the public interest, and which the wi'sdom of the Legislature bad prohibited by infiiding penaltieS'of law on those who should be guilty. tte meant the embezzle ment of Naval Stores belonging to Hip Majesty t an offence that had• now become ularrning, for it was computed at no less-an amount than 06,0061. a year. Unless this' pradice was put a stop to, by the due punishment of those who were, concerned in such matters as were ,stated in the Indictment now before the jury, there was no . knowing the evils to which we might be subjede It would be in vain that Parliament. should 'vote large supplies for the Naval Service, so essential to the existence Of the State and the - Community in which welived. .The whole Revenue of the Country would not be more than enough to satisfy the frauthilent disposi,- rions of these i;iicit anleairi Naval Stores. To' check that iniquitous: praaice was the objea of this Prosecution. The two,persons who were the ;Lib_ jeas of this Indiament were Mr. Robert Owen and Mr. 'din. Mudd!, considerable Tradesmen . and Dealers in Copper: It was a subjea . of serious regret, that persons in' a situation of life tbat placed them above indigence, such, as these Wendants were, should be concerned in Such fraud 2114 embezzlement' as was charged Upon -them i n this Indiament, and of which he should have to lay before the Jury such- pregnant Evidence. He then proceeded to state the circumstances of the case.— He observed, that when one of the parties concern ed in this tralke was apprehended; there was found in his pocket a Letter which' explained the business lie had been concerned in,,&c. 'whith led to a disz. - t overy of the Whole. Having gone through all the circumstances of:the case as they appeared after.: wards in Evidence,. and which we do not here state, becatise we shall give the whole of it in the detail of that Evidence, he observed, that if his Learned - Friend 4, who were of Counsel for the Pendants, should attempt to make up a defence, such as had been hinted to him, it must be. founded 'on perjury. He , thought it • but fair to warn the,De fendants' Attornies of the probable effea,of such a defence. If they attempted-to make out, that pro perty which should be produced in the course of this dial had been bought at any supposed sale, or, if any such endeavour was made, he should warn his Learn. ed Friends, of Counsel for the Defendants, whose discretion he knew, of the danger to which such a defence would expose their clients, for 'it would deprive- them of all chance of mercy in case of their being conviaed. He concluded with observing, that if the Evidence in this case was such as it had been stated ,to him, he was quite sure the Jury would find it -a duty they owed to, the -Public to find the Defendants guilty. BLit he should be as happy as any person in Court, if they could excul. pate themselves from this charge. EVIDENCE FOR THE CROWN. Charles Motley 7 —l am an Inspector employed by the. Navy Board for die purpose of deteaing illegal dealings in Naval 'Stores at -Portsmouth.7—On the of March last I discovered, at Portsmouth, a cask of Copper, which led me to search the De„ fendants' premises. in London. —I came to London in consequence of the. suspicion I had entertained from what I saw at Portsmouth and, having ob. tained from the Lord Mayor a Search Warrant; I went to search the Defendants' premises in Hounds, ditch. That w,as on the ad •01 April. I found the Defendants lived in separate houses, at a 'short distance from one another ; the one at 96, the other at 99, with a Warehouse at each. " Owen and Mardell," was written, at one door, and if Mardell and Owen," at the, other, Copper smiths.' We commenced our search at a binn under the staircase. There we tbund several pieces of Copper, Copper Bolts, and Copper Sheathing, ar_ tides that are used for the copper bottoms of His Majesty's Ships. We proceeded from thence to the further end athe warehouse, where the men were at work. in a very considerable number. 'We found at the end of, the warehouse a great quantity of new copper sheets, and some pieces of copper bolts ;-=-- upon a great number of which the broad arrow was marked ; and on some others; where the mark usually was in -Tressed, there was a hammering, evidently with an endeavour to deface it. -Among thoSe I selefted many which appeared to' me never fo have , been used at all"; and some of the sheets were quite new. I found some 'marked with the letter C. and Mar. at the top, togetl with the broad arrow, in the top of the binn. > Mr. Owen said, " that any body could make -the broad ar row, that he could make a room full of them in a short time." The mark upon this piece of copper, •f, , C, and Mar," 'is the' mark put upon the copper King's Yard, and which is changed, and a fresh stamp put on; every month - . At the beginning .of the search Mr. Owen was not present, he was at dinner, but he came down direCtly and attended the search. I told him " this was the property of His Majesty, and asked him where it came from ?", He said, " he could. not refl.') nold Mr. Owen in what manner I discovered the cask at Ports mouth., and what led to my search. I told him I came to search the premises in consequence of hiving "found sorneeasks at Clark's warehouse, at Portsmouth and Portsei, containing some King's copper, whichl had been informed was for Owen and IVlardell; There was no'diietlion on the cask; nor could they tell ,me, at Portsmouth, where the Defendants lived—all they could tell me was, that these were the names of the parties ; it n;as nut until I came to the Solicitor. for the ivy Board that I discoveted Where the Defendants lived. I came, dp . ,to London in consequence of the copper which I found at Clark's warehouse.' Theie were, I think, 6ree casks of them, but they had no di reetion on them. On my finding these things after wards at Mr. Owe:ll's, he Said, ." that was, not the King's copper that he kneW (it" He said noth ing then about dealing j foi copper at Portsmonth, but afterwards he said he' had' dealings at Portsmouth With a man of the name of Missing, and that agreed With the information which I had privately re ceived.: Missing was a person who - had been shop man to his uncle, and he was a coppersmith. He was tried for having King's copper in his possession, but he„was acguitted. He is at home, but another, who was supposed to be concerned. in that business, is .gone, to America in consequence of a Warrant that was out against him. Mr. Owen said he had dealings with him, and that he knew his uncle very well ; I was 'present at this man's trial,, but do -not know whether' Mr. Mardell wasthere or, not. When' we proceeded further in our search at Mr. Owen's house,•l found a bag tied up near the door, and I ordered it to be tied up again. As to that parcel, Mr. Owen said, ‘,' he had not. pu4chas ed that yet ;"—upon this, a man came into . the shop. He, asked Mr: Owen - whether that had, been weighed ? He could not give him any answer ; he said to Mr. Owen, " Has that been weighed ?" Mr. Owen said " No, he'had been busy"—l sus peded there - was something that was improper, and I desired the than to be detainzd until I saw what it contained. I asked this 'Man, in the' presence of Mr. Owen, if he brought this bag '? and he did not give me any answer. I went to the back part of the shop, and when I returned, the man said he got them from Mr. HoWard, at Deptford, and he said he was:a Common Carrier, and that he brought them in his Erran=d cart, and 'that he did not know their contents, and that was the reason this roan was allowed to go at libert Upon this I caused the bag to be opened, and I found it contained some copper, some pieces of bolts.; did- not find the King's mark upon this, but it. was defaced. .I have no doubt but that what I then found was copper for the. use of His Majesty's Navy, or, that' it was hammered for ate purpose of being defaced. I then proceeded to the other warehouse at Mr. Mardell's. I did not then find Mr. Mardell at home, but Mr. Owen accompanied me to that warehouse,. and he gave diretions as he had done at the other warehouse.— There I found one sheet of copper and a great num ber of copper bolts, and pieces of bolts. J. examined 'them ; on some of them the mark _was defaced, but I have no doubt but that the pieces of sheathing and bolts were copper that belonged to -the King's ware. house. The weight of it. could not be, less than htocilb: The goods were secured and the party taken before the Lord. Mayor. • On cross.exaniination the Witness said " - In con. sequence of information which I had at Portsmouth, I came to London, and on receiving a warrant from the Lord Mkor, I seized .these goods. The De. fendant, Mr. Owen,, said, that he dealt" with person of the name - of Missing ; he said lie did not knew that he, had any King's stores in his possession he asked also what was the King's Mirk on the copper ?—I. shoved him a piece of copper on which the mark had been erased, and he said, " he could make them in a short time ;" and I asked him whether he could make the Stamp Mark ? He said "he never saw that." 1 asked him, can you make this mark ? shewin4 him this very piece of copper in my hand—one of his own pieces of copper; there were many more pieces.— He insisted he had no pieces with the King's mark in his possession ; he asked :me :" How long has it been customary to „make that mark ?" Ido not know, said I, but there are others yeho can tell you to a certainty.—l :do not recoiled his-saying that he never saw that smirk ,before.; I do not recolle& what he did say exaaly.—There is no copper ma. nUfaftory at Portsmouth except that which belongs to the King's Yard." Mr. GARROW said, " It would be a very silly thing for any man 'to put the King's mark upon any of his own copper, because that would be giving to the Crown 'a title, to a man's own private property." The Witness said, " From the mark on this copper, it is imposSible that it could have been issued out at Chatham earlier than March aol, and I found it on the" zd day of April in the De fendant's warehouse." Philip Holdsworth, one of the City Marshals— " I accompanied the last Witness to search the houses of Owen and Mardell on the zd of last April ; we went first to the premises of Mr. Owen, which are at number 99, in Houndsditch, the name of Owen and Mardell was upon one &or, and Mar dell and Owen on the other." Lord KENYON—" It is not necessary to prove the partie"s to be partners in trade in a criminal charge." _ _ _ The Witness proceeded and said, " I went with the last Witness to search the warehouse of Mr. Owen, and; in a sort of a binn, under the stair-case, on the right hand Side of the shop,' it appeared to me to be no place of concealment, but an open place for refuse—l think Mr. Motley brought out a piece of copper with the King's mark on it,' and Mr. Owen appeared astonished at it ; he said, " I know nothing of it, I bought thiS copper, and I am in the habit of making up Braziers' and Distillers' cop pers, and cannot manufaaure them unless I buy ma terials." We proceeded together. Mr. Motley then said to Mr. Owen, " this is evidently copper brought out of the King's dock yard by the workmen as they came out to dinner, of on leaving off work in the evening!" Mr. Owen said, " he was quite a stranger to it ; he bought it." Mr. Motley then ,said to him, " I think you expelled some, copper up from Portsmouth, by the wagon ?"—" I am fre quently.reeeiving copper from Portsmouth, said he, tut. I did not at ail eNpcet any to_days or to, morroW..." IVIN•allotley, then looked araundi and between us and the door' of the_ warehouse,; h- saw one, two, or three casks, about the size of a:1 rican wheat barrel, and he -said to Mr; Owen, " wb-at have you. there, Sir ?" He replied, " that he did not know there was any thing." Mr. Mot,. ley observed, ." these casks have come up from Ports mouth, or sothe'dther place, with copper. Ido not recollect that he said with King% copper, but I re;: member. he said. they came up with:copper." Lord_KENvow = " Did the Defendant ,make.any. observation upon that ?" Not* the least. The binn was then 'whOltk Cleared' out. - There were of copper in this big n, witli, - tVe King's mark7defaCed, from 12 to 20 pieces. Mr. Motley .and myself proceeded to ex amine the rest of the warehouse:" Mr. Niotley said, " these have been King.,:s copper by the mark." Mr. Owen said, ".Why, in a very short time, I could mark all my copper in the same' - way." "It was not stampi after Mr. Motley had so looked, what he thought was the king's copper, which was a very: small proportion of the quantity ; I should suppose 15 or 20 sheets, out offio or 7o of that heap." Mr., Motley then asked the Defendant, " how came you by-these. copper sheets, they. are entirely new ?" Mr. Owen said, " I shall be able to say in another pike how . I" came the M—it is a fair transaction;" " We then found a quantity of copper, with the let:. ter C. and I think Ma, or Mr, but I am sure one of them, on it ; this is One 'of the pieces[holdiog a piece of copper up.]--,-We found a great deal mark, ed in the same manner; It'-was quite new, had never been used."—,Mr: . .Motley said, " now Mr. Owen, if it is as easy as you say to mark copper, as the last was marked, how do you account fbr this ? Mr. Owen was quite embarrassed, and said that .1 will account for in another place." Lord KEiIYON—" Quite embarrassed did you say A. Not at all confused--did not at all appear confused—but said,_" that I will account for in an other place." recoiled : several Of . Mr. Owen's' own workmen coming to us.; but I recolleCt, particular,,' a man belonging. to the ,Deptford': etc rand cart coming there.. He said .to Mr, Owen, " I wish you would order one of yourpeople to empty this bag." " Yes,"' said' Mr. Motley, " let us see: what is in it, where do you bring it from, My, friend ?" " From Mr. Howard., - al. the Lower Water-Gate, Deptford. He said,, Mr. Moller looked it over, and: said, ", they are .but small pieces—but here is the King's mark again." Mt. Owen then stood by us, looked at it, but re mained perfetaly silent for a while ;, but I think he afterwards said, he did sometimes buy of Mr. How ard, but that I cannot say positively. Quite at the bottom of one of the, warehouses, for there are two, we found some bolts—but a few ; they were marked with the broad arrow - , which had been vi. sibly defaced. Lord K E NYON—Whe ' n you say visibly defaced, do you -mean to say there-was enough to trace it ? A. The' arrow was defaced, but great pains had been taken to deface it. It could be traced: I re coiled something of the name of Misset, or Miss ing; at PortSmouth, and, Mr. Owen said, he did buy copper ,of him. I then laid down the bag with some of the copper. I shewed Mr. Owen my adthority, and he said, " you shall have a man to assist you." I said to. him, " Mr. Owen, you have another manuflidory." " Yes," he said he had, - and he said, I will accompany. you,_ you shall also look over that." We then went to the other manufadory, and we found there a large quan tity of copper bolts. Mr. Mardell was not there. It appeared upon the whole of them as if great pains had been, taken to deface some marks, but on many the marks were visible—l do not recoiled finding an y thing at Mr..MardelPs but copper bolts, there m ight have been some copper sheathing, but I do not know that.---On. some of them 'the mark was visible as if it had been at the King's store-room; on some of them the .ope ra ti on o f fili ng h a d' been performed, but it was plain that they had had the, King's mark. ;There were a: great marry bolts, I.will venture to say too copper bolts; I think the whole of them appeared to have been used.—l then told one of the men to get a cart that we might take the pro perty to the Mansion-House, but Mr. Owen said, " Sir, not until it is weighed ;" and that was all he said then ; but afterwards he said, " probably the same chanrity would not be r. turned, and that he should charge me with weighed all the copper, and Mr. Owen put down the weight, and charged me with the whole of it in his day-book, and the - :1 said, " You may load them ;" and .then .1 said, Mr. Owen ydu are in Enstody, and I must take you with me ; I did not then take Mr. Owen to the Mansion-house, for I knew the Lord Mayor was not there. I kept him in the custody of one of my men, and brought him up at six o'clock in the evening to the Mansion-house. I apprehel, Mr.. Mardell, on the same night ; bUt I was not present when he was searched. I took them both' before the Lord Mayor. I heard the Lord Mayor ask Mr. Mardell " are you in partnership with Mr. Owen ?" says he, " I am." The Stores were then taken to the Mansion-house by William Hart and Richard Reed, two of. men, and they have been kept in my room, and under my care ever since, [Here the . Copper was all :produced on the table before <the Court and Jury.J _• _ _ On his cross-examination this Witness said, " that all this property found in these shops was not concealed in the least degree. They were ap, parently in the warehouse quite open. The place under the stairs, in which some of them were found, appeared to him to, be a place where the refuse or might be thrown. Mr. Owen sent a per sodroimd all - the warehouse- with them , for the put-, pose, of skewing it all." • William C4meron, another of the City Marshalls. I searched Mr. Mardell, and found this letter upon him--[producing itl—he requested to have the letter returned ; lie said.it would be of no use to any body, but. he wished to have it returned." _ Here the Letter was read. It was signed ".Henry Paul," ,direded to Messrs. Owen and ,Mandell, HOundsditch, London, dated March 16, Mr.. Owen, Sir, My wife saw Mr. , on Friday, and he said, M. Mardell should tell him, . if I wanted' a trifte-Of money in -regard of providing Coun'seh- he Would let clic have it, - therefore, if you would assist Me now +a small trifle; -it would be of great Service With me, 'as things is but so so; but I trust in God to get Clear,. as -the Chatham Juryjs appointed - , and ..several of my Friends arc - chosen , The Witness said, that he found this letter is a pocket-book in the'cgat pocket of Mr. Maiden. Richard Perring, Esquire, *Store-keeper of Hit Majesty's- Docklyard.'at yVoOliVich----1 attended, by direction of the , Commissioner s of t h e N avy, at the ManSion-hils oe, to examine the copper that • was there produced' 'pp" the ;3th of March. Upon great part of it I discovered the King's mirk de faced, as well upon the bOlts as' upon the sheets: • On some, attempts had been made to deface the mark. The greatest part that, was there examined, I am able to declare upon my oath% was King's cop per. A great part of which, I'am able to-say with certainty, was not a third 'wore.—[This is a head of evidence 'applicable to a parricidal. part of ,the case, for there is a statute which provides •punis:l - on those who shall unlawfully and knowinz'y have King's stores that shall not have been a third part wore.]--The Witness-'then proceeded—There are some of the•bolts that have not been used at all, for-they have never been driven, and some others of them appear tolaave been used. These of them that hay - e not been a third wore, are of_ the,sarn value, if- they were to be purchased, as those that ' have not been wore at all, for the price of them ii the same a that of new bolt's. • EdWard Henslow, Esquire, prilyed, that ceriairt copper in Court belonged to the stores at Chatham * and that it could not - 1 - Live issued from tlit Dock yard before it was marked ; the date of the Mat]: on it was' March 1801. It - was then admitted, that the other Prisoner,' Paul, had been accused and convieted of the offence of embev4ling the' King's ttdres, "and .that Henslow was a witness-at that - trial: Mr. Perrin was then examined by Nr. ER • =lNE.—Hesaid, 'that as the particular mark of the date bcin& put upon. the copper and other itotes, at the Doek-i:ards, it was a custom of not many years standing; the use of it was "this, to bind the contrataor according to the form,- now, .of all coma traes with Government on, this stibjed, to supply other copper gratis., taking the, old back, 11 the' first shall . not hive lasted iii use fqr six years ; caution which was found very necessary, and the advaniage of which to the Public was very great. Here the case for the : Prosecution ended. be conthnie4) SHIP NEU'S. CRAVfiSEND, SEPT, 2 Passed by- 7 -the Fortuna, Wiseman, from Mogadore-; Ann% Mggretta, from Dautzie ; Margaret, --, and Lau. rel, —, from Riga ; Emerald, dward, Laws; Fanny, Stevenson,.and Latona, Hall, frorrs. Petersburgh. ,Sailed—the Louisa, Morgan, for Madeira; Sally, Clark, for Jamaica ; Diana, Forte, for Gibraltar ; Triton, Higgin4. for St. Micjiael' s; Rennett, ; Embden Packet, %Via... man ; William, Sand erson , an d S ea N ymp h , far Hambro', DIED. On the 19th of September, at S.,key Forest, the non. gichard Fitzroy, .fourth son of the Eari f Euston. • On Tuesday last, at Greenwich, Kent, Tristram Al ri'► Madox, Esq, On Wednesday last, at het house at Carnbel.vell, Alrs• Sarah Lawrence, widow, PRICE 0, SATU F STOCKS, R DA India Stock Exchequer Bilis ss. 122.,(11.9. New ditto New S. S. Steck 3 per Cent. 175 t Omnium 2047214 layer. 3 per-Cvnt. .67i Ditto Ann. 13 Bank for India for Op. 212 14 Consols for Ott.-66 8 ?1 61 he payment 2.2,, . _ Bank Stock shut Navys per Cent. tot Ica/ s per Cent. 1797, shut ' Irish 5 per Ceut. shut 4 per Cent. Con. shpt 3 per Cent. Red. shut 3 per Cent. Con. 66i 711 - Ditto Scrip Bank Long Ann. shut Ditto Short Ann. shut Ditto Scrip Omnium for t BANKS OF THE THAMES, UPFER HAMMERSMITH — TO BE SOLD BY AUCTIO,N, By Mr. CFIRISTI . E," At his Great 'Room . in Pa -* On THURSDAY, the •nd inst. at Oneo'Clock, A SINGULARLY ELEGANT FREEHOLD VILLA, with SIX STALL .STABLE, TWO COACH-HOUSES, numerous Attached and Detached OF FICES of every Description, suited to a FAMILY i,ex cellent KITCHEN GARDEN, wish lofty Walls, richly Cloathed with choiee FRUIT TREES i n full hearing , , GREEN ROUST, PLEASURE GROUND, &c. and rich MEADOW. The 'PREMISES are delightfully situated the 'REST EN!) of the UPPER MALL, HAMMERSMITH, tivitts toll Cominand of View - up and cbwn the River, on which the transient.Objetas - founing an enchanting Pidure, Ric mood 'and Surrey Hills, a beautilul .Back Ground : tho HOUSE built ' and finished tinder ;the direction of Mr. WYATT;in ,style of Unique Elegance and Taste ; APARTMENTS of just proportions, with a superb SA' LOON or MUSIC-ROOM, 38 Feet by 19, near 18 Fe! high; the W!NDO WS opening into a BALCONY, v..IU:: 11 surroinids thrre Sides of - • - The DOMESTIC OFFICES judiciously Arranged, and for every purpose. The whole in the most elegant anti per" fed ORDER ' , and may he entered upon immediately. A Person attends who' will chew the Premises, and printim particulars will be forthwith ready. CAPITAL MANSION-HOUSE,•&c: SHREWSBURB f ' A. CAPITAL MANSION-HOUSE, and sundry ESTATES, in acd nein-the T.()V /4 ! of SH RE WSB.L./ EA" TO BE SOLD BY AUCTION S I n'sundry Lots, en Mor.d:y, Tuesday, and Viettsiday,,t o f ., nth, .13th, and 14th. Days Of (.I"etuber, xibt; at the Lia'? Inn, Shrewsbury, at Three in the A fterneon ;.consisting ALL that tno.t acsiNitile MANSION, c:alled th.e. ABBEY, with the ardtins, Hot-houses, Fi,h-porky' and P leasfirc-G rounds thereunto belonging, delightfully tuated iti the vicinity of the said , To wn.o f S brew stAtry' All that' Messuage and \Voter Corn Mill, cakl€:( l A BiIF.Y MALL : A 'Very valuable Farm; called Mc„) 1 •°" - MOOR. . . . Several Pieces or Parcels of oxcellent Meadow :and Past a ' Land, in and near tlte - A,bbey-Foregate 41(1. •d. Sundry Metsliages; Gardens and LattelS , ,viit .INlurivatte art St. Austin's:Friars. Also, Two several Farms, situate in Netley tv rent" nail, in the Parishes of Stapleton and- Cluzn.th PttiverbAti-o in the County of SAlop. • - • • The Prent.ses in the Abbey-Foregate, and Col tharnt ticilti he shewn by Mr. S.,eltoi.l, glazier,• Ailbeyi.Foreptei; in St. Austin's Friars, by Air. garaeuer.; 4 ' • the remainder by the respective Temint3. A of P rimed pa.t ula rs may. h had> t the Place co Richard Esq.. Clianl. Stair-Case; London ;or Printer of the . Sorewsbr.ry Paper; Ot of sundford and Ma.idoeks, , Station,rs; and Mt ss'. L oyd A sterley, r . _as% LONDON Printed:by 13UCHANAN MimILLAN,.(of Bow=street, Covent-Garden); and Publishedby WILLIAM ARMIC ER SCR I•rPS .(of Horse- At she - SvN,OFFIcs, NG.. I x 2, ,Str an d where Adwriimmenti, ()roars for the Paper s , Letters for • the tizc. (port_ ferry-ma:l, I ‘ l :stiiiiia.ik:l.). Paid,; r must bt a;tl.l,l:csscd. .... Nt. ............ ...eau ,Pox tox 211 C, in ] fora ever Spee with off? At retc;. 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