The Daily Times.
Liverpool, Merseyside, England, 1860-12-10 00:00:00

A VOLUNTEER SELLING HIS UNIFORM.

On Saturday, at the County Magistrates' Court, be-
fore John. Campbell and T. D. Anderson, Esqrs., a young
gentleman named Leon Joseph Heyerlmans was charged.
with selling certain accoutrements, b
Colonel Bourne, of the Fourth eonging to Lieut.-
Lancashire Artillery
Volunteers.
The case appeared to excite considerable interest, and
several volunteer officers were present in court.
Mr. Bremner, solicitor, who appeared for the prosecu-
tion, stated that the defendant was an enrolled effective
member of the fourth division of the Artillery Volunteers,
and belonged to the eighth company. In that brigade,
one of the rules was, that any volunteer who was not
enabled to pay for the whole of his clothing might have
such portions delivered to him at once as he was able to
pay for, and the other portions, for which he was not able
to ;pay at once, were also delivered to him upon his
owing a promise to pay, and giving an acknowledg-
meta% to that effect. It appeared that the defendant was
not able to pay for the whole of his clothing, but,
ming £2 12s. Gd., received trowsers, shell jacket, and
cap. • 17pon signing the book he had also received a
tunic, pouch, busby, and belt. These latter articles were
yet unpaid for, when it was discovered by accident that
he had disposed of the whole of his clothing. The
defendant entered the force on the 17th of March in the
present year ; on the same day that he was sworn he
signed the receipt for the clothes, and on the 22nd of
June he resigned. Mr. Bremner stated that the gentle-
men who had instructed him to appear that day were
exceedingly grieved that they should have had to oring
the charge; but as this was an important matter, they
felt that it could not be passed over, and that a public
example should be made. He then called
Lieut. Henry B. Kelley, and Mr. John Wardman, the
orderly clerk, who formally proved the leading facts
stated. Mr. Bremner stated that he should also call
Mr. Jackson, who bought the clothes, stating at the
same time that the prosecutors were satisfied he was not
amenable to blame, as he had been deceived by the
representations of the defendant. He had also afforded
every facility to carrying out the necessary enquiries.
Mr. Michael Jackson, sworn, stated that on the 28th
of June the defendant seat him a note to attend at his
lodging, when he told him that in consequence of
objections at the office where he is employed he had
been obliged to send in his resignation as a member of
the Artillery Corps. He wished, therefore, to dispose
of his uniform ; and he stated that he had offered the
clothes to the commanding officers, but they would
allow him nothing for them. He showed him a receipt
for them, and he gave him £1 18s. for the suit.
Cross-examined by the defendant—Mr. Jackson said
the receipt was not shown to him the day he bought the
clothes ; it was afterwards.
Mr. Wrenn, clothier, who has the contract for sup-
plying the Artillery Volunteers, proved that the articles
of clothing produced were the same as he had furnished
to the corps.
The defendant who spoke with a foreign accent, then
made a long statement in his defence. He said—ln
March, when he was enrolled in the volunteer corps,
he proposed to buy the clothes, and paid on account
£2 12s. 6d. For that sum he got a receipt, and for the
remainder he gave two or three " acceptances," so that
he was under the supposition that he had actually
bought the clothes, instead of holding them as a loan.
He resigned because he had no time to attend the drill,
as he was sent on business so frequently to the conti-
nent. Ile then applied to the orderly clerk, to see if he
could buy his clothes. He told him that he could not ;
that he would have to give up certain portions but if
he paid for them he might sell them, or do anything he
liked with them, except wearing them. Being a
foreigner, he was not aware it was illegal to sell his
uniform ; so he sold it, and went upon the continent.
It was not till the latter end of November that Jackson
applied to him again on the subject, when he told him
that the balance had not been paid, but he would write
to the orderly clerk on the subject. He did so, but the
answer he got was simply, " The finance committee
- prefer a return of the uniform to the balance due." He
thtn wrote him that he might have the balance, by pro-
ducing his acceptances, on the 14th of this month ; but
to that he had received no answer.
Mr. Bremner said that Would have been a good defence
before he sold the clothes. He should call Captain
Melly to prove that no " acceptances" were given; it
was a mere arrangement that he should pay at stated
times for the remainder.
Mr. Melly stated that he was the senior captain of the
Fourth Lancashire Volunteer Artillery. They wished
the defendant to return the whole of hiS clothes, and
they should then have bought from him what he had
purchased, as they had done from 200 members.
The defendant : Have I not given two promises to
pay
Mr. Melly said it -was extremely probable that he
might sign papers that he would pay for a certain por-
tion in May and another in June.; but he had not done
so.

The Defendant : But did I not give two acceptances ?
Why are they not produced here ?
Captain Melly was not aware of any such papers.
Mr. Bremner submitted that the whole question was,
that he had sold what he had not paid for.
In answer to Mr. Anderion;the defendant stated that

the situation which he held, with commission, yielded.
about £l5O a-year.
The bench having consulted for a short time,
Mr. Anderson said,—We well conceive that the
officers who instituted the prosecution felt very much
grieved at being obliged to do so ; but at the same
time felt that they could not pass it over, as it was a
point which might affect the volunteer movement, which
is such an important one at the present time. We are
sorry to say that we think the case is clearly proved;
and as it is the first case, and it is necessary an example
should be made, that parties may be deterred from acting
in a similar manner, we think it right to levy the
extreme penalty which we are allowed to do, and that is
40s. ; and we are confirmed in this by what has been
stated, that the defendant is in a situation in which he
should have had no temptation to have acted in the
manner in which he has done. The worthy magistrate
added the expression of a wish that it should be made
public that any party receiving any accoutrements or arms
belonging to volunteers would have to be very particular
before buying them to know if they were paid for,
because if not paid for, they subjected themselves to a
penalty of £lO.
Mr. Bremner said the prosecution did not intend to
make any application for costs,—the matter having
been brought before the court entirely upon legal
grounds.
Mr. Atherton, the clerk, stated that the costs, then,
which the defendant would have to pay, would be 13s.
65.,—peaking, with the fine, £2 13s. 6d. He waa
allowed a week for payment.