The Sun.
London, England, 1847-09-21 00:00:00

was, that upon the third examination, an addition
was made to the number of prisoners included in the
charge.
Mr. Huddlestone, of the bar, appeared for the
prosecution, and when the case was called on, desired
that all the witnesses examined upon the previous
examination should appear in the justice-room. All
of them having answered to their names,
The Learned Counsel opened the case against Gard-
ner and Holliday, and said that the publication of
what had taken place brought forward such evidence
as proved beyond all question that Cusell and Loup
had been, but a few days before the robbery com-
mitted upon Mr. Gray by the prisoners, concerned
with these very prisoners in an attempt to plunder
another tradesman, by means precisely similar to
those which had unfortunately succeeded against the
prosecutor. He should, therefore, call upon the Lord
Mayor to place at the bar Cusell and Loup, as, in a
case of conspiracy, acts preceding the commission of
the offence, distinctly and independently charged,
were capable of being used in testimony of the in-
tention subsequently carried into execution.
The LORD MAYOR at once acceded to the proposi-
tion, and evidence, of which the following contains
the essential parts, was taken against the four pri-
soners, Gardner, Holliday, Cusell, and Loup.
W. J. Bond, 23, King David-lane, Shadwell, tool-
maker, said—On the 19th of last June I saw Gardner
and Holliday with respect to a shipping order. I
went to their office in consequence of a previous
transaction respecting a chest of tools which I had
supplied to them in May, and for which I was to
have been paid on that day. When I took that chest
home, Holliday introduced me to Gardner as his
partner, and the 19th of June was appointed for pay-
ment of 151., the amount of the bill. When I accord-
ingly called at their office in Pancras-lane, Holliday
asked me if I could supply them with some goods to
the amount of 150/., and he showed me a list of the
articles he required, with the prices annexed, and
desired to know whether I could give credit for three
months. I said, yes, if I had respectable references,
and they said they would consider about it, and on
the following Monday I called again, and was told
by them that the order was for Sydney. I had, on
the previous Saturday, received the order. (The
witness here produced the document, which was
signed " Gardner and Co.") When I saw them on
Monday, they told me to call on the following
Saturday for my money for the chest of tools I
had delivered, and they would then give me an
answer as to the large order. I called on the
following Saturday (the 26th of June) for the
15/. They said they could not pay me then, but
with respect to the reference for the other order, they
would rather pay cash, which would obviate the ne-
cessity of giving references, and other houses would
not know what they were doing, and they asked me
to put the 15/. to the other order. I said I would
rather be paid the 151. They then said they had an
order for Sydney for these goods, referring to the
1501. worth of tools. They did not, however, pay
me then. I saw them again on the 24th of July,
with the invoice of the 1501. order, with reference to
the packing the goods, but at that time I had not
agreed to supply the goods. I suggested that with
respect to the packing, the goods should be placed
in tin cases, and Holliday said that he or Mr. Gard-
ner would come down to my house and inspect the
goods. On the following Tuesday Holliday came
down to my house and inspected the goods, and ap-
peared to be satisfied with them, and he gave me a
shipping order to go to take them to the Custom-
house-quay. He told me distinctly the goods were
for shipping to Sydney, and it was necessary he
should see them, as in Sydney they might say they
were not good, and if he saw them he could vouch
about them. I then said you have given me a ship-
ping order, but before I part with my goods I should
like a reference, or the money. He then
gave me a reference to Mr. Woolcombe, of
St. Michael's-alley, in Cornhill. I went
to Mr. Woolcombe, and received information
from him which induced me to send my goods,
and I accordingly sent them on the 80th of July,
having marked the two casks and one case in which
they were packed with P in a diamond. The diamond
is generally understood to mean "for shipping."
My carman and I took the goods to the Custom-
house-quay (Messrs. Hall and Co.) I got a receipt-
I note from Williams and Clarke. The shipping order
was signed by Holliday, " Gardner and Co. On the
following day I went to Gardner and Holliday's
offices, and saw them both. I went according to Hol-
liday's appointment for my money, and Holliday said
he was not aware that the goods were at the Custom-
house-quay, and I had rather led them into a dilemma
from not telling them, and he said they were agents
in the affair, and if they had known I had sent
them in, they would have got a bill for half the
amount. I was to call the next day for my money.
I called accordingly, and they said that in conse-
quence of the pressure in the money market, they
could not get rid of their bills, and I was to call
again, and on the 3d of August I called agaie, and
they paid me the 13/. for the tools I had at first sent
in, and Gardner said the tools had been shipped for
Sydney five days, and were a good way by that time
on their way to that place.—(A. laugh.)
Mr. Huddlestone—Had you about that time re-
ceived any information about your tools ? Witness--
I had, and I traced them to Johnson and Day's, the
packers. On the next day (Aug. 17) my solicitor
and I went to Gardner and Holliday's office, but
could not find them, and in consequence of informa-
tion,which I received we went to the office of Mr.
Cusell, in Lime-street, and going along we met Mr.
Cusell in Leadenhall-market, and my solicitor told
him he must not part with the goods he had got from
Gardner and Co. Cusell said he did not know what
my solicitor meant, and my solicitor said you know
very well it's those tools that Gardner and Co. got for
shipping. Cusell said, What am I to do for my
money ? My solicitor said he had nothing to do
with that, they were offering them for sale for any-
thing they could get, and he must have them back.
Cusell said if we would pay him the money he had
advanced upon them; and my solicitor asked that
amount, to which he replied that he could not tell.
My solicitor pressed him, and said he must know ;
and he said he had advanced part and his friend Loup
had advanced another part ; but he did not say the
amount. He said that Gardner had applied to
him to get the money, and he wished he had
nothing to do with it, and we all three
went to Gardner and Company's office, and
saw Holliday, who professed at first not to under-
stand what it all meant, and said to Cusell, " You
know we have entrusted you with these goods for
shipment." "Yes," said Cusell, "you have entrusted
them to me, to do the best I could with them, and
what I have done has been for the best." Holliday
said Gardner was at Ramsgate respecting the purchase
of a ship, and my solicitor threatened to come before
the Lord Mayor if they did not give up the goods,
and Cusell said he was willing to give up what claim
he had upon them if his friend, Mr. Loup, would do

so; and he went to get Mr. Loup, and we went to
look after him, as he was away a long time. Upon
our return we found Loup and Cusell and Holliday
together, and Loup said he would give up the goods
if his claim of 21/, which he had advanced to Cusell,

was paid. Cusell said he was willing to give up his
claim, and Holliday wrote an order to Johnson and
Day to give up the goods, which Cusell signed, and
Loup took with him. I ultimately got the order, and
got back my goods upon paying 21. to the packers,
but we did not succeed till we had again threatened
Holliday to go to the Lord Mayor. The value of
the goods was 1541., and I should not have allowed
them to have been sent to the Custom-house-quay,
unless they had been for shipment to Sydney.
Cross-examined by Mr. Sidney, for Cusell—When
the order was given, I did not know anything of
Cusell. He did not consent to give up the goods
very readily. When he knew there was something
wrong about them, he said he would have his money
first.

Mr. Goodman, the chief clerk, here read the evi-
dence given by Mr. Gray, of the transaction,
the ropes between him and the firm f
Gardner and
Holiday, some time after the above described attempt
to defraud.
Mr. Huddleston said it would be seen from the
statement of Mr. Gray, that although it was pretended
in the more recent case, by Holliday and Cusell, that
they knew nothing of each other, they were pretty
nearly associated in the former attempt to defraud,
which had, so luckily for Mr. Bond, been defeated,
and the two affairs were conducted upon exactly the

same principle.
Mr.
am Grayquite
cross-examineduite
certain
that
tb yc Aulsreiat Sydney,the for
public-
house C
.u. -
sell—l
in St. Mary-axe, when questioned about Holli-
day, said he did not know that person.
Mr. Barber, woollen merchant, of St. Paul's church-
yard, brother-in-law to Mr. Gray, said he accom-
panied Mr. Gray to the Sugar-loaf public-house, in
St. Mary-axe, on the 3d of September, and saw Hol-
liday and Cusell there, and they denied positively any
knowledge of each other.—(Laughter.)
After some further evidence, confirmatory of that
already given, the case was adjourned till Saturday
next, and bail was taken for Cusell and Loup, in two
sureties each of 1001. each, and their own securi-
ties for 2001. each to appear on that day.
Gardiner and Holliday, against whom it was stated
there were several other charges upon what is called
" the shipping rig," were sent back to the Compter.
The gang, it is asserted, has extensive ramifications,
and much credit is given to Mr. Barber, of St. Paul's-
churchyard, for the determined manner in which he
followed up the matter with the judicious aid of Mr.
Hillory, his solicitor.
GUILDHALL.
Thomas Allen, a boy employed as a conductor to
a:: omnibus, was charged with misbehaviour while so
employed, on Saturday afternoon.
Mr. Norton attended for the prisoner.
John Brand, City policeman 229, stated that the
side of St. Martin's-le-Grand, opposite the Post-