The Express.
London, England, 1851-12-22 00:00:00

COURT OF EXCHEQUER.--BATUILDAY.
Scrims Ar Nina Faros ay —Bereaz nia Lou Cour
BAUM AND • Srivri•L

THEGOLD DUST ROBBERY.
ROTHSCHILD AND CPUMBA v. Tug ROYAL MAIL STEAM
PACK= COMPANY.
From the opening statement of the Attorney General it
appeared that the defendants had contracted to bring •
number of boxes containing gold dust from Panama, and to
deliver them in London. On the 7th of May in the present
year, a steamer belonging to the defeuiLints called the
"Great Western" arrived at Southampton with 2&3 boxes
of gold dust, of which eleven belonged to the plaintiffs,
Messrs. Roth-child. The b•ixes were placed in waggons on
the South Western Railway for the purpose of being con-
veyed to London. When a. Witchester the train stopped
about ten m nut" and here it was tl at the three
boxes, one of which belonged to the plaintiffs,
the value of which they sought in the present action to re-
cover, were supposed to have been stolen. When the train
arrived at Nine Elms, the robbery was discovered. The
value of the box stolen was about 2,3001.
Evidence having been called to prove the contract,
Sir F. Thesiger addressed the jury for the defendants,
and said that he should be able to show that the robbery
had not taken place whilst the boxes were being conveyed
from the steamer in which they were brought over, and
placed in the waggons which conveyed them to London.
He would show that they left the Southampton Docks per-
fectly safe, and it sea most likely that the robbery wascoro-
mitted whilst the train was in motion. A man named Flampia
had been convicted of receiving a box containing gold dust
which had been found in • garden near the Winchester,
station of the South-Western Railway. This box was one
of the three lost, but was not the one which belonged to the
plaintiffs. It was very likely that the box which belonged
to the plaintiffs had been taken by the same party who had
stolen the but which was found at Winchester. lie (Sir F.
Thesiger) would also show that four tenants of the Royal
Mail Stearn-packet Company had travelled up to London 11l
the train containing the gold dust, and that the greatest care
had been exercised by them in watching the waggons in
which the boxes containing the gold dust were placed. He
therefore submitted that the defendants had not been guilty
of soy negligence and were not liable to the plaintiffs.
The following evidence was then called on behalf of the

defendants: -
Joseph Frederick Parker examined by Mr. Crowder—
Witness was a landing waiter at Southampton, and it
wee his duty to attend to the landing of specie. He re-
membered the arrival of the Great Western steamer on the
7th ul May, 1851. Witness assisted in unloading her cargo.
Witness found all the packages correct. Amongst them
were the three boxes in question. Witness put the boxes
in • she I after he had counted them.
John Yeoman examined by Mr. Greenwood—Witases
was a weigher in the Customs at Southampton, ander
sisted the List witness in unloading the specie from die
Great Western steamer. Witness superintended placing
the boxes in question in the shed, and found that the nuns-
bee agreed with the ship's manifest.
Richard Frederick Jennings examined by Mr.
Bovill—
Witness was • clerk in the employ of the Southampton
Dock Company. Witness took an account of the brae
landed (nun the Great Western. Witness saw a
No. 115, into which 46 boxes of gold dust were PrisatiMl
amongst them were the three that were stolen. Perim
were put into the waggons to count the packages. All the
specie that arrived by the Great Western was placed in
waggons.
Cross-examined by the Attorney-General—When one
waggon was loaded it was pushed a little way on the rail,
in order to make room for another. There was a railway
from the docks at Southampton to the South Western Rai.
way Station. The waggons left the docks about tore.
o'clock in the afternoon of the Bth of May. There were
283 packages of gold dust altogether.
Re-rammed by Mr. Bovill—Witness's duty was ID em
the packages taken out of the vessel put into the waggon.
Lewis Jukes examined by Sir F. Therger—Witness was
• sergeant of the dock police. Witness was on duty whilat
the specie was being landed on the Bth of May. When the
waggons were loaded, a person got in and counted the num-
ber of packages in them. Witness was present the whole'
time during the leading of the waggons oaths Bth of May,
1881.
Cross-examined by Mr. Willere-Iron waggons were used
now, but at that time ordinary waggons covered with a
tarpaulin were red.
samieed by Sir F. Thesigcr—The waggons were 12
feet high. The first tarpaulin was fastened with a rope
and nailed down at each end, and the other tarpaulin lapped
over and was fastened with a rope in the middle of the
waggon and at each end also. Iron waggons have been
used since the robbery took place. The waggons in which
the specie was placed on the Bth of May were the ordinary
waggons in use at that time.
Edwin Cooke, examined by Mr. Crowder—Witness was
• clerk in the employ of the Southampton Dock Company,
and remembered the arrival of the specie on the Bth if
May. Witness took an account with the clerk of the de-
fendants of the specie landed, and always saw that it was
placed all right in the waggons.
Cross-examined by the Attorney-General—Witness had
nothing to do with the fare charged for the conveyance of
specie, but believed that the charge for conveying gold was
Ma. per ton. The gold was always insured. Bunk', was
charged more for, because nothing else was pat iniss the
waggon in which it was placed.
By the Court—The railway company charged for of geode
by weight, and not by bulk.
Mr. Joseph Here, examined by Mr. Greenwood—Wit-
ness was • clerk in the employ of the Royal Mad
Steam Packet Company. Wittier was on duty on the 7th
of May. when the Great Western arrived. It was the duty
of wittier to cheek the numbers on the boxes. Witness
was on duty on the Bth of May, when the boxes were
placed in the waggons. Witness got into the waggon No.
110, in which were the three boxes which were lost. Wit
ness called upon the defendants' head porter to go into the
waggons and see that the packages were all right. Witness
accompanied the goods to London. Wittier was accom-
panied by a Mr. Beadmore, Samuel Winchip, and a man
named Quirke. The train arrived at the Nine Elms striae
about three o'clock in the morning. Witness left the wag-
gon; in the charge of Mr. Beardmore, Winehip, and Quirk*,
and went away with the way bill. Witness had the key of
the waggons with him. About six o'clock witness returned,
the waggons were unlocken, and three boxes were found
wanting. Witness consulted the superintendent on duty
about the loss, as to how it could have taken place, and
then the waggons were again locked.
Cross-examined by the Attorney-General Witness
fonnd, on examining the waggons, that a man could get in
and out between the tarpaulins. When all the swear
were locked and covered up, witness left them in the
of Mr. Beardinote and Samuel Winehip, and they were
pushed on to the goods station of the railway at Southamp-
ton. That was done about half-past three o'clock in the
afternoon. The train left for Loneon at nine o'clock in the
evening. On the journey to London, witness, Mr. Beard.
more, Winchip. and Quirke got out every time the train
stopped. A watch was kept upon the waggons. Witness
believed that some one got in and out of the waggon, end
remitted the robbery whilst the train was in modem.
There were no marks of • man's foot on the tarpaulin ef
the waggons.
Re-examined by Sir F. Thesicer--The train was a very
keg ins. There were about 70 rrriars.
Samuel Winchip, examined by Mr. Bovill—Witneas was
a porter in the employ of the Royal Mail Steam Packet
Company. Witness remembered the arrival of the Great
Western, and saw the specie safely landed from the steamer.
Witness got into the waggons to count the packages in
them, and farmed the tarpaulins. Witness went with the
waggons to the railway station. Witness accompanied the
goons to London.
Cross-examined by the Attorney-General—Witness did
not know in what part of the wigs= the boxes were
placed that were lost. Witness could not tell how any man
could have got into the waggon except through the tar-
paulin. Witmer believed that the man must have got in
and, out of the waggon whilst the train was in motion.
Witness had travelled with waggons for the last 10 years.
Every time the train stopped, witness and the other parties
got out to me if the waggons were all safe.
Re-examined by Sir F. Thesigsr—No loss had ever oc-
curred before.
John Wm. Quirke, examined by Mr. Greenwood—Wit-
me was, in May last, • messenger in the employ of the de-
fendants. Witness remembered the landing of the specie
from the Great Western steamer. Witness was in each
waggon when it was loaded. (This witness went on to
prove that during the time the waggons were at the rail-
way station at Southampton, until the train started, they
were strictly watched.)
Thomas Wiachip was then called, and he proved that he
misted to watch the waggon* conaining the specie when
they were at the railway station at Southampton.
Thomas Lercoek, examined by Mr. Greenwood—Wit-
ness was • pointsman at Winchester on the Bth of May
last, in the employ of the South Western Railway Com-
pany. He remembered the train containing specie aerie-
mg at Winchester 28 minutes peat ten at night. There
were 67 trucks or waggons, and our carriage. The sixth
waggon from the engine was uncoupled at Winchester. A
box containing specie was found under • bush by the side
of the abutment of the Andover-road Bridge. The train
left Winchester at half-past 10. About 20 minutes past 11
witness saw • man coming from the Andover road-bridge
towards the station. That man asked the policeman en
duty when the mail train would go op to London. On the
following night witness saw a man named Plampin
brought into the office of the railway company. Witness
said that his voice was like the voice of the man who had
asked the night before when the mail train would go up to
London. Warr was present when Plampin was tried at
Winchester.
Frederick 'Lupin. examined by Mr. Devils— ss Mates was
a cow-boy is the employ of Mr. Keeley, who kept the
Jolly Fanner public house at Winchester. On the 9th of
May whim was oat bird-nesting in his master's garden,
which was sear the Andover-road-bridge. Witness found
• has nadir some bushes. Witness tried to open it, but
ambit net succeed, and then took it to Mrs. Keeley.
Mts. Blisalath Keeley, examined by Sir F. Thesiger—
=:the is ife of toe landlord of the Jolly Farmers
at Winchester, and remembered Pimple
ming se the Jolly Farmers about five o'clock in the after-
MN ad the 9th of May, ISH. He left, and witness saw
dim kg* towards the Andover-road-bridge. He then
intereed, and in the meantime the boy Tonna had found
the boa.
Mr. Keeley, the husband of the last witness, was then
mod. sad oorreborted the testimony which she had given.
iildabith limper. examined by Mr. Greenwood—Wa-
ling was a 'armee at the White Swan, at Winchester, in
May lad. On the erasing of tle• Bth of May, Plampin
one to the house and bad refreshment. He had • black
loathes bac with bin. He appeared excited, and said he
had mined the 2 reelect train to London. He Lift the
White Swan about half-pest 11 at night.