The Sun.
London, England, 1801-07-15 00:00:00

SITTIN

hv 'c,, the
I the
(
() )ert so
the lciraftei
SUM c
was 4851

Mr. E
rlainrifF
a Female
heath, at.
the Puhli
The Pl.O
The Dell
carrying
Of tile n
by the of
Which
Lot only

thants,
he shouli
whatever

Illinster I
1.. y it
irlan, an(

a Tier IV,

Cr.!ndfat:
lived (1,,f1
that
Piain
That anl
Defendar
an abund;

tyrote to
Ing to be
the ctedi
The Fad
Who w-as
Trade als
A 136 an in
9entlemd
Ing that
A. Meetil
who was
raft, wt
fendant,
.son, " ti
much gre
sure you,
bertson is
with per
plssessiot
be in a

. .
mer
knowled
13undas,
%ister
zzked chi,
seal
Cr. Hay,
more
can arlsw(

Zive her
"'Pon the
kertson h
credit wa!
turned oti
211; anotl
tiff and
lkohertso'r
13 Pendant
4°n Was .1
that her s.
4he was cc
iugtoo ;
that she Ni
Scotland.
And
eite; the
she called
hearing of
ridge, nut
to sh,nv t
X.)1311t.

vv,L • ,
nt
1 hat the
bi hit

not
rea

be

LAW REPORT.

COURT OF KING's BENCH, Tuzsriet.Y, %jut', :4.

SITTINGS BEFORE LORD KENYON AND A 6PECIAL

JURY, IN' GUILDHALL, LoNpos.

HAYCRAFT V. CREASY..

tv,r "Is was an Atlion to recover a sum of money
"Ich the Plaintiff hadlost,or was nqw likely to lose,
kY,_ the credit he gave to one Elizabeth Frances
c' urtson, in consequence and upon the faith of the
}he which the Defendant gave to that person
e sum demanded, being the amount of that credit,
Was 4851. 4.5. Bs. •

Mr. ERSKINE opened the case on the part of the
2intiff, and said, it arose out of the adventures of
,aremale Swindler, who had lately resided at Black.
neath, and whose history had been made known to
the Public through the medium of the Newspapers.
The Plaintiff was 'an IrOnmonges at Deptford.--
The Defendant was a man living at Greenwich, and
• carrying on a considerable' trade as a Currier there.
Of the nature of this Adion the Jury.were informed
by the opening *f the Pleadings form of aftion
Which was, now, become so common and familiar,
not only •to Professional _Men, but also .to..Mer_..
chants,. and ,it was an action, the principle of Which
he should be sorry to see shaken in I.any •resped
. whatever; it had been well established in" West- •
tminster Hail, now for many years). and the cause
.oy it which was so, was• that of .Pasley and Free-
and the Public, in general, the Commercial
vart of
In hay
in particular, were deeply interested
courting that
principle preserved entire in a
of.lustice.--,The principle was this —H-
a Person was applied .to for the Charaaer of. an_
baler, to
whom a third person was about to give
the persOn applied to was .not bound- to give
Loy Character at all, for one person was pot bound
hoehe a Charafter of another; but if he did so,
he , take care to tell the truth. In a word, as
ti"
"aci forme&Y described it, and as the deserip-
manh
• been adopted by Lord KENrog, " That a
)101-41-1.4 d
such a case, must either tell , the truth or
ills tongue." No very violent restraint on a
flora'
Person. If he, went beyond this, he was
a.,.._4.werable for any lass which the charafter hegave,
right occasion. The Plaintiff was' an'-Ironmonger,
flying) as he had stated, at Deptford. The De_
~..,entlant a Currier, living and carrying- on trade at
`lreetiwich. In- the Months of April and May,
~n8,.()C1, the Plaintiff had occasion. to go to Bath .; he•
hi.`," his son, a discreet young . man, in the care of
is business, at his shop. An application wa's madeiQ ,
this young man, to furnish, in the Way of trade)
l•leveral articles for a house at Blackheath; then be_
onging to this person of the name of Robertson..ln
consequence of this, a message was sent to the house
I)lthe Defendant, informing him that a Miss Robert_
son had been recommended Mr. Haycrafr, for
articles in his trade, "to • complete arm unfinished
house that was fitting up for her at Blackheath,
1•11 a style of elegance suitable to one of her.. con-
di.ion, which was that of a woman of fashion,
and wishing to know what the Charader was of
Miss Robertson. --The Defendant atiswerod,
it That he.might, 'with petfea safety, trust
aim she had already received a considerable -sum,
and was in expeation of a large sum at the death
of her Mother, aid still -greater at the death of her
Grandfather —that another Lady with Whom-:she
lived (Miss Sharp) had tool. a year, independent, ,
anal that he vould'come with them to the shop of
the -Plaintiff, and loOk out what they
That 'another Conversation was had bet Ween the
Defendant and the Plailitiff's San, who aaed with
an abUndant *caution, and exemplary prudence.,-.He
wrote to his Father, who, was then at Bath, desk:.
ing to be dirthed 'how he was to aft, finding that.
the ciedit which was asked was to be considerable.
The Father desired the' Son ,to consult the Uncle,
who was the Plaintiff's Brother, Who was a Man in
Trade also, and who lived at Reitherhithe, who had
also an interview with the Defendant, and before that
Gentleman he gave also the most explicit undertzk_
ing that Miss Robertson might safely be trusted.--
Meeting took place between. this young Man,
who was the SOn of the Plaintiff, and -Mi. Hay=
;raft, who was the Plaintiff's Brother, and the De_
Pendant, when the Defendant said of Miss Robert_
son, that she was a Lady f Fortune,- and
at
much. greater Exoedu• n o grL and he added, "1 as.
sure you, if von' ` -)
bertson is 'a Yon
rely upon my Credit, Miss Ro-
you may
with perfeft saf_t miry trust to any amount,
possession c -- That she was already in
of a large Fortune; and would
be - soon
a much larger that he did not speak
this
knowledge 5 that this Lady was felated to M.
Dundas, the late Secretary of-S,:ate, and 'that.her.
• tet
us,‘ was married to Lord Paget." Mr. Creav w:ls
Youo
lceds this question of the Plaintiff's brother :
speak this from your own knowledge " said
H Yeraft, than which nothing.could put 4 man
can answer
upon his guard to which he answere&—" I
n.. , you of my own knowledge may attve credit to any amount with safetyperfea."
t -
`1)1311 the stren,Fth of this Charater, this IVliss Ro-
t ertson had this credit of the Plaintiff's son, which .
Credit was entirely thrown away, as Miss Robert Son
turned out to be a perfea Swindler.--!i—Nor was this
all ; another meeting took place between the Plain:. tiff and the Defendant, for the sum which Miss
Robertson wanted credit for was near 5001. The Defendant, on that occasion., said that Miss-Robert-
:on was .not only the relation of Mr. Dundas,-and
that her sister had married Lord Paget, but also.that
she was conneded with the family-of General Wash.
itigton ; and also that Lord KENYON had decided
that she was entitled to a large estate at Fascally, in
&ctriand. That the Defendant went in a carriage
and four with ihii Lady, Miss Robertson, to Mar-
gate; That as they, were going up.Sbooter's-hill,
she called to the Postilion, and ordered him-; in the
hearing of the Defendant, who was then in'the car-
ziage, not to say who he was.—This he mentioned -
to show that the Defendant knew what he - was •
31.311 t. That after, this the Defendant and his family
went with 'miss:Robertson to Brighthelmstone,• Sec..
That the Defendant was in the habit of furnishing
Eris woman with money on Bills .of Exchange, &c.
at finding that the Creditors were coming about
he todk a Warrant of Attorney to. confess
fdllalnent, which was for all scan Of,money advan.
hillr Et; fcc,, and Q 4 WigQll.judgannt

was entered tip accordingly ; and the Defendant
, took what care he cotild.of hirhself; but Mr. Oak-
ley, an Upholder, who was also a, CreBitor of this
woman, was before-hand with the Defendant ; he
took a great deal Of the property which he had far,
nished; the remainder left by, Mr. Oakley was
taken- by the Defendant. Such was the outline of
this Case, and when proved, he should be entitled
td the Verdid of the Jury, on the principle which
had long been established, " That it .a. man gives to
another a Chardler of a third persbn,,which 'he does
not know to be true, he shall be answerable-for the
consequence 'which- may result from the•credit which
was given on the strength of. that CharaCier."
Thomai Het-raft, the son of the Plaintiff, swore,
that Father caries-on trade•at Deptford, in the
business of an iron-monger. -In the latter end of
April, or the beginning of May, 'Soo, he, receiv-
ed, in his• Father's absence, a message from the De,
fendant. The Witness had the superintendance of
his Father's business, in his Abs6iOe. He went to
the Defendant's Counting-house in consequence of
this message. The • Defendant then said, that he
had recommended-a friend of his, a MisS Ro'oert-
son, to his father's shop,, for such articles as she
might want in his line of business, to'compleat. the
tarnishing of an Unfinished house, which she hid
'taken on the Paragon, at Blackheath. The De-
fendant was, at' that time, a perfeCt stranger to the
Witness, and to his ',Father... The question was
asked of the Defendant, What was the responsi-
bility of this Lady T." His answer was, " That
•the Father' Of the'Witness;` -ivho was the Plaintiff,
might credit her siritiv parreft..safety, :for-that he
knew, to his 'own kno-wledge;,that she had been
lift a :considerable fortune. lately by .her' Motet-,
and that
.she.had daily expeftation of a 'glitch greater
, at the, death of her Grandfither, who had been -bed-.
ridden for a considerable time. He lileewise said,
that Miss Sharpe, Miss Robertson's -companion,.
was possessed of an independence of shoat 001. per
annum, and that the principal part of it was left by
Miss Robertson's Mother; and that. Miss Robert,-
son had lately Come into possession of what was
left her by her Mother."
•- At the first Meeting which the Witness ;had with
the Defendant, he did ',not mention :to whom she
was related.-,-The.Lady and, her Companion came
in the afternoon, and looked out ,some things which
she wantecL—The Witness dealt with: Miis- Ro.:
bertson entirely,.in COnSe.quen'ee of the Recomnieß-,
dation of the Defendant.—ln consequece of. This-
Information of the. Detentian*, the Witness thought
he might safely trust Miss Rnbeitson.—After this.
the Witness me.t the Defendarkagain, and informed
him that: he had been to the House of •Miss.l-0
bertSon (which-was a large and very elegant,House)
—and that his Fathee,s (the Plaintiff) Bill for fur.,
nishinc, it would be Very considerable, and there-
fore he asked Mr. Creasy, the Defendant, if he
was certain as to the Representation he :Dade T He
answered, Yes.;" he said that Miss Robertson
was related to Mr. Dundas and my Lard
This he did- not relate as a rumour, but a fad.—
He spoke of it as a something that lie knew of his
own knowledge, and nor ref.:J6llg td rumour at all.
He never expressed any doubt at all of. her Solven-
cy-,--=—lne itness'thought the Order was very
large, and he did not like to give'Credit. for it
• without his Father's Dirediens—he therefore wrote
to his Father, who was at Bath at this time, and
'received an , answer, in consequence of whidi he
consulted his Uncle on the propriety of engaging
-in this business.HiS Uncle and :irnself saw the
Defendant 4terwards before he executed the Order;'
at. the Plaintiff's, house, and this was as late as the
mooch Of June, 'so that there was an interval foi
the Defendant to -consider this objed before he
• gave his opinion again. The Uncle of the Witness
put to-the Defendant the-same Question as the Wit,
ness had put to him respeCting the Charafter of Miss
Robertson—when he repeated what he had said be,
fote to the Witness, " that she might with safety
be trusted—that she was related to" Mr. Pandas
and Lord Pager, &c. &e.--;-that she would soon
come to a great landed Property, ece. by the Death
of her Grandfather, and woulef have at least 40001.
year"--that Mr-Creasy busied himself very
much in giving Directions about the work of the
house, which was fitting up in Blatkheath for
this woman, &c. &c.

. y9seph Ilgycrapi. the Brother of the Plainthi;
swore, . That he lives at. Rotherhithe—that while
Ili; Brother was at Bath for the 'Benefit of his
Health, in- the Month of May, t Soo, he, in
consequence of Diredions from his Brother, and
the desire" of his Nephew, 'applied to the De.
fendant for the Charaaer of Miss Robettson
the conversation took plaee Ott the.shop of the Plain-
tiff', He told the Defendant he. had been • informed
by hit-nephew that he had introduced a-,..Miss Ro-
bertson to be supplied with articles for fitting out a
house at ;Blackheath; that the young man whO was
.the Plaintiff's son had written to his father, and the
father had written to the Witness requesting him to
inquire into the responsibility of Miss.. Robertson..
The. Witness went further, and told. the Thfen±trit
.that his brother, the Plaintiff; did. not mean to trust
her, not having any knowledge, of her, except on
his recommendation ; on which' the Defendant in-
formed the Witness that Miss •RobertsOn was a
Lady 'of great, fortune, ,and greater expectation-;"
he said, " she is-sister to . Laiy. Paget," and he
mentioned several other great personages who the
Witness did-riot know; and after an eulogium on
her Charader, and the rank of her family, the Wit-'
tress said, I put a question to Mr. Creasy--".I told
him the situation that I stood in, and I supposed he
did not state to me what he had, on rumour or
hearsay, but;-On a knowledge of facts ?" The an-
swer was " Friend Hayetaft, I know that your.
brother may. 'trust Miss Robertson to any amount
with perfeet safety." I consider'ect this,as.perfealy
satisfadory. He said, " I knoW-yOur.brothel• may
trust ..MiSs Robertson to any amount with perfed
safety." I thought we could not, have 'a better
assurance. .

There werer-othqr Witnesses examined., but. this
. was the substance of the Casey for there was no dis,.
putt about. the delivery or t of the goods.
The ATTORNEY-GENERAL addiessed the Jury
for the Defendant, and .nAt!e the'best posSibld use of
the_materials he lad.---The'outline of the defence
was„ that the Defendant saici, Of this artful and
wicke4 woman, %vitt) bad swinaled ev'ery. body who

Cr*e give tier credit, no ttati .what he hit-
self believed to -be true, for'lle had himself been.her
dupe, and had lost a large Sum of Money by his
Credulity, as well as all the neighbourhood of
Blackheath. Here the Learned Gentleman gave an
historical• detail. of the various circumstances by
which' the 'eh:trader of Miss Robertson has been dis-
tinguished, and indulged, his abundant wit in his
comments upon the silliness of those who had be-
come her dupes; 'among whom he was 'sorry to rank
his client as -a 'conspicuous figure..l—But 116 „con-
tended ;That, as he atled according to the beit of
his judgment, however silly hii concluskm was, he
ought not to-be responsible in this Adion.
The evidence he called gave an accoun(of that
which the Public' know pretty well already, namely,
the Swindling pra&ices of Miss Robertson, at Black-
heath, ire. the recital of which, hoWever, excited-,
in some instances, a great deal' of mirth, although
to- the losers it was a .very serions ,
Mrs. Neale said she had known Miss Sharpe 17 or
i 8 years. She kept a Boarding-School at Crootnes-
hill. She had boarded with her nine years before
Miss Robertson Came to live with her as a Teacher.
Miss Robertson appeared to he a very amiable,se nsibie
woman, and. was very attentive to the duties of reli-
gion. She had beard r sveak of her father and Mo-
ther, and of the fortune she- expefted, Her mother, as
she said died in 041e111.4. She seemed to be
-very 'Much a ire Cited: S filled in to the
room when the news catfie. Srte-Seenied to bc
ing away, and 'some water ' was brouifht. her.' She
expeded the fortune, she would get by her mother
wouldiamount to t 0,0001.. She was tube brought
to Town to be buried, and• the copse was to .
test at Dr. Lettsom's in its way. She wished to
go to Dr. Lettsom's, but she was persuaded by Miss
Sharpe and the Apothecary nor to do it. Up-
on the pretended-death of het mother, a good many
mourning rings.,,,vec.e circulated. . The Witness-got
one, and Mrs. CreaV had another. 'Mr. Creasy bad
a daughter- at -Miss Sharpe's school-, and-Mr. and.
'Mrs.--Creasy ,used to go. now and then to see her.—
The Witness said shr had lent Miss Robertson so°l.
Stock, which was lost. •She told her that heir mo-
ther, previous to her 40th," had desired her to get-
at the Silversmith's, plate of-any sort she pleased,•
to the amount of root. and she would pay for it.

A card was handed about in Court :With these
wards, -" Miss Robertson, or Fascally, and 'Black-
heath."

•-• Michael- Searles said, he was a Surveyor at
Greenwich, and via's applied to by Miss Robertson
to go down to Fascally iu Scotland, to survey her
Estate. She said several: of the leases were out,
and he was to put a value on the timber, and .give
his opiuinn of the rents. He saw.a' drawing of this
estate at IVIr.-Creasy's house.
Lord Ktrrtort here observed, that this evidence
had not a very close bearing on the cause, trid
that, in his
.opinion, one or two sentences Con3prized'
the whole case.
.•

• Th.z Witneis proceeded.—Miss Robertson sheaved
him, he said, the model of
,a dead child in wax,
which she said she had received from Lord Paget,
which was the likeneis of her sister's child, Lady
Paget, ?nd which she Was ,weeping over in -tears.
He befic:ved she was a wort n) of fortunes and if she
had gone to Scotland, he would certainly have ac-
companied her, bui he Avoula most certainly have
made her paysthe piper.
111 r.
_Times Dobic, a respe4able Attorney,' said
that in July 'Soo, Miss Robertson had, applied to
him for what, in the Law of Scotland is called a Pac-
tky, which was of the same nature with our Power
of Attorney, to enter upon, and. take possession of
the Estate,, and to receive the rents, Zee. • She said
the name of the Estate was Fiscally. When he
wished her to be more particular; she had some
difficulty in describing it. ..;he said, it was in
Perthshire, and after Wards she informed him it
was ten miles above the Town of Perch, on the
River Tank'. There was a bond prepared, which
the Steward was to execute to her in ra,oool.
David Robertson was the name of the Steward.
She described the estate as of very considerable va-
lue. It was not an extensive estate, she said, but
it was very produnive, particularly on account of
a fishery that belonged to it. She reckoned the va-
lue of it to be i zoo', a year. She Fame to it in
consequence Of the dcath of her uncle.

3t Perry,: said he lived with Miss Robertson
as her footman. He was nosO'iv soldier in the 23d,
Wheh Creasy was present, Miss Robertson repre-
sented very often that Lady Paget was her sister,
and that her fortune was very large in Scotland.
—She had three Coronets on her carriage. .She
brought a wax doll from London in the carriage.
She said it was a likeness of Lady 'Pager's child,
taken when it was alive. He and the lest of the
servants had mourning for. her grandfather. He
never _knew she had been a Teacher at a Eoarding...
School, or perhaps he might have encertained..some
suspicions,.
The Rev, Mr. Coat said he was a Dissenting
Minister at Grecnwich; and knew Miss Robertson.
• when she was, a Teacher at iViiss Sharpe's 13oarding-
Schooli -and afttiwarch, when she appeared to be a
woman of fortune, He did not recollealler say.
ing any thing abatis building a. Chapel. He could
not help suspeaing something, though he had
no grounds. There was something very .myste-.
rious in her friends dying in succession in the
extraordinary manner they did, and her putting her
servants so often in mourning. He e,dmitted it ex_
acted in his mind some'kind of suspicioo—he had no
reason rov•it. If he had had reason for it, he Should'
not, have kejt company, with her. On cross-exa-:
inimition•by Mr. ERSICIZ:E, whether if sho had asked
him to lend her 'wool: he would have been
senter, Mr, Good readily answered,in the affirma-
. •

Or. Leith said he was-a Physician at Greenwich.
'He knew Miss Sharpe, and iVii, s Robertson rst as
a Teacher in her Boarding-school. Slr knight be in
that Capa'city, three or four.years, though-he could
not say exactly. Miss Sharpe was .a woman of re-
speaability. He himself never was in Miss Ro-
bertson's carriage, and his family had code in ii
once; and• only- once. _ _

Lord KENYON here observed, that in his ap ,re-
hension a great deal of the evidence went beside the
question.

Mr. Oakley said be had 'sold Miss Robertson furtii.:
rag eight or nine montW ago, He then believed

.
h&j. 'to be -3 iThiffiti
began to suspea her befo-m Ihe whole 'of his brad.
Was executed; and forCtinately had got back his
goods again. .If :the whole of hI order had bee 4
ekeeUtedy it would have aniodrited!to betWeeii aiid
4.000 l: From the manner in which she Was going
on, he took it for granted that she Was a we rliarl
that had so much ihbliey' that she did nai
what to. do With it, or that she had none at all;
_ .

yob:: Catoi; Esq. said, he beCame the landlord
of Miss Robertson he had been a moriagee i she
told him she Wanted 8561: tb pay the workmen; and
that she did not mean to have a lease,but to purchase
the house. He lent it her : but he said'he believed
he should not have lent her 800 farthings without*
security.
Mr. Irehter said he kept an Academy On lack-
heath, and about the 1-n41,31e-of August.last he had
the honour of dining at Mr. Creasy's; to partake of
some Venison: Mr. Searles; the surveyor, was arso
"present. Previous to going,to'ditmere Miss Sharpe"
produced a drawing; arid observett to him it was a
drawing orilie 'Estate of Miss Rolicrtsima in Scot.:
land. He made some ObServations.. on it, which
brought forvard Miss RobeitsOn, who pointed out
all the-beauties ::nd advantages of it.
Mr. ERSKINE asked him if he stivalloWed all that
story as he had done- the venison. •He replied he.
Certainly did believe it : he never refleCted.
Mr. EasKiNt Made. an able reply.
Lord KE N.:9's adhered. entirely to the opinion he
had uniformly maintained on this sort of Adion.,
He wa%.elee that the Plaintiff's C:eic: was per:ft:6lly
inade.out in this instance.. f e approired of the eon.:
du& of the.young man w'n3 had given his evidenCe.
iti this causi, the PlaindS's He had aced
with uncominon prudence and prnp-iety. His Lord.
ship read tlee words which -•tbt young man had
sworn to, as having. been delivered by the Defend-
ant with regard to this
.impostor! Miss Robertson. -
" saying that she was. a person of large fortune, and
of, great exPedation from. her Mother, and stilt
greater from the death of her, Grand-Either, Sec."
The words used by the Plait-ail:Ps brother were so •
emphatic that they were absolutely decili've of the .
Cause. • " I told him the situation which I stood
in,. that I supposed he did not state to' me what he
had on rumour or hear-say, but on his own know..
ledge of the fads." The answer was, " My friend
Haycraft, I- know that your 'brother may trust Misa
Robertson to any amount with perfed safety." Now,
whatever he thought, he had no right.tu say this, if .
.it was not true.; for if he thought so, he might have •
said,. «I think," or " I believe, you may trust ,her
with perfeCt safety:"--A loss had here arisen by
this. unfounded charader, that is, a charader that
was•not• true, the consequence was; that the per:
son who was the cause of it was hound to repair
that loss ; the Plaintiff ,had, in foro (tip/m;(1111,e
and made out his case—Verdid for
the Plaintiff; dainages 4851. Bs. 4d.