The Sun.
London, England, 1835-12-18 00:00:00

NEW COURT.

Christopher Mudie was indicted for having feloniously
received from some evil-disposed persons, on the Ist of No-
vember last, 19 printed books, of the vaiue of 141. 12s. ;
76 numbers of a publication called the British Herbalist,
value 121. 10s. ; 12 numbers of Edwards's Botanical Regis-
ter, value 31. Bs. ; 302 printed sheets, value 61. ; and other
works, the property of James H. Ridgway, knowing the
same to have been stolen.

The witnesses on both sides having been ordered out of
Court,
Mr. C. PHILLIPS addressed the Jury. The case was
one of such importance that he would bespeak their earnest
attention to it, while be endeavoured, by a simple narrative
of the circumstances, to put them in possession of the facts,
so as more clearly to guide them in weighing the evidence
which he should produce. The prisoner at the bar was
charged with having received certain property, with a guilty
knowledge of its having been previously stolen, and it was a
case which certainly called for their patient and undivided
attention. The prosecutors, Messrs. Ridgway, were . emi-
nent booksellers and publishers, carrying on business in
Piccadilly, and their names must be well known to the Jury
and the public. It was their misfortune to have in their
employment a person named Holland, whom he should
he obliged to present to them to-day, upon his
own confession, as the plunderer of most:excellent masters.
Unless, therefore, they found his testimony corroborated
by other witnesses, he would not ask them to convict the
prisoner, although the Learned Judge would tell them that
by law they would be justified in so doing. However, he
(Mr. Phillips) feared they would find his testimony so abun-
dantly corroborated by others, that it would leave little
doubt upon their minds. In consequence of suspicions and
certain information, which it was not necessary to allude to
here, Mr. Ridgway went to the shop of the prisoner in
Prince's-street, Leicester-square, and took with him two
police officers and a search warrant. He asked the pri-
soner if he had purchased any of Messrs. Ridgways' publi-
cations, and the answer was that he had. Of that there
could be no doubt, and the question was, whether he had
purchased them under circumstances which should have
convinced him that they had been dishonestly come by.
Mr. Ridgway then told him that he had a search warrant ;
and a search was made, he believed (and it was but fair to
the prisoner to state), without any great difficulty or im-
pediment being thrown in the way, and thirty volumes of
different publications were found. This was on the 28th
of November, and it was of importance here to state that
all the works were of the Messrs. Ridgways' publication,
and that the selling price was stamped on the backs of the
covers. It was also important that they should know what
Mr. Ridgway would state to them, that it had never been
the custom of his house when the market got dull, and
that they had a stock on hand, to undersell at what was
called " waste price." The prosecutors published only what
they considered valuable, and if they did not sell, they re-
tained the work in their own hands, waiting for a favour-
able turn in the market. The prisoner was asked where he
had got the works, and he said from a man who represented
himself as a binder in Mr. Ridgway's employment. Mr. Ridg-
way inquired how he came to take new publications from him,
if he was only a binder? and the answer was, that the man had
represented himself as having received the books in question
from Mr. Ridgway in lieu of wages. That statement he
would be able to contradict on the testimony of the man
himself ; and the accusation against the prisoner was, even
if such a story had been told him, it was his duty to have
enquired into the facts; and therefore he (Mr. Phillips) dis-
believed that any representation of the kind had been made
to him. The matter, however, did not rest there, for on
the 30th of the same month, two days afterwards, Mr.
Ridgway Mudie, and then a num-
ber toer
e the
produced
of
which Mr. Ridgway had
not been able to get the first time he went. Some excuse
of othe againr books went
w
was offered that he was about to send them to the prose-
cutor, and it might have been so. On the last occasion
there were 86 Numbers of a new botanical work, and
strange to say, no Number of it had at the time been pub-
lished by Mr. Ridgway. It was clear from these circum-
stances that they had been obtained from Holland, the thief,
(for it was right to give him his proper designation), although
he had afterwards expressed deep contrition, and offered to
give every information in his power. The story Holland would
tell them was, that some time before he got into Mr.
Ridgway's employment he was passing by the shop of the
prisoner with a bundle of waste paper under his arm,
when he was asked by the prosecutor if he had got any
books to sell, and that he would give him a good price
for them. That sometime afterwards he went into the
employment of Mr. Ridgway, and being tempted by that
unfortunate and unhappy proposal, he brought him first
a copy of the Ladies' Botany, and afterwards other works,
which were purchased by the prisoner, no questions

having been asked. They bore the impress of Ridgway's
publication, and were sold at half, and less than half
their value. After having sold some copies of the bota-
nical work at a gross undervalue, the witness will tell
tell you that he brought the speeches of two very cele-
brated men, Lord Erskine and Mr. Canning, the pages
of which were uncut and perfectly new, and sold these
also at a low price. That he then brought him a variety
of other publications, and Mr. Mudie bad accounted for his
taking all these by saying that the man was a binder,
and that_ he had received them in lieu of wages.
Holland would tell them that so far from that
being the case, he said to the prisoner on one occasion
" You know how I get these books?" To which the pri-
soner replied, " Very well, or else you never would be able
to sell them at the prices you do." It would be proved to
them, that on that as well as every other occasion, the pri-
soner knew that Holland was in Mr. Ridgway's employ-
tient. Every one of the books purporte.d to be published
by Ridgway—every one of them was new and uncut, and
some were actually sold in sheets. Under these circum-
stances, there were two points which bore very strongly
against the prisoner—one was the gross undervalue at
which the works were sold, and which the Learned Judge
would tell them was always of much importance as show-
ing a guilty knowledge ; and the other was, that it was the
bounden duty of the prisoner, as an honest tradesman,
finding that time after time the servant of a fellow-book-
seller was coming to him with new uncut publications—it
was, he repeated, his duty, if he meant to act as an honest
man, to have gone to Air. Ridgway, and inquire if Holland's
account was true ; and his not having done so, entitled them
fairly to charge the prisoner with dishonesty. If they be-
lieved the statement which the witnesses would make, they

would be bound to return a verdict of guilty—if on the
contrary, they had any doubt on their minds, they would
give the prisoner the benefit of it ; and no person would
rejoice more at his acquittal, if found innocent, than the
Messrs. Ridgway.
James H. Ridgway—l am a bookseller and publisher,
carrying on business at 169, Piccadilly. I have one part-
ner. I had a person named Denis Holland, lately in my
employment as foreman. In consequence of information
I procured a search warrant, and went accompanied by two
police officers, Clements and Davies, to the premises of the
prisoner in Princes-street, St. James's. I sawtho prisoner
and told him that I had a search warrant, in consequence
of information that some of our books had been stolen. I

asked if he had purchased any books with our name on the
covers, and he said he had. I requested to see them, and
he took two or three volumes from a corner of the shop

on the floor, which I identified as our property. I then
enquired if he had any others, and he produced t;a•o or
three more. I asked for more, and he looked about the
shop and produced a few. He then assured me he bad no
more on the premises. I asked him if he had ventured to
buy these books ? We had previously searched up stairs
and found no others. It was last Saturday three weeks
I made the first search, and on the Monday following I
went again. When I asked on the first occasion if he had

ventured to buy these books of a stranger, without inquiry,
he stated that he had not—that he had purchased them of
Denis Holland, who said he was a binder in our employ,

and that we had paid him with these books for his labour
in lieu of money. I then said it was an improbable story, and
we went to the Police-office. On the second visit I
saw Peter Mudie, the prisoner's brother. There were
76 numbers of " Sweet's Flower Garden," our property
then produced, and 10 numbers of the " Botanical Regis-
ter." They were on the table, all tied up in one parcel.
On the first occasion I found a set of " Canning's Speeches"
in boards, perfectly new and uncut. The selling price for
the six volumes is 31. 12s. " Sweet's Hortus Botanniens"
he said he paid Bs. for, the selling price is a guinea.
" Sweet's Manual" he paid 65., the selling price is 16s.
The " Ladies' Botany" (uncoloured) he said he bought for
65., the selling price is 16s. 'rhe sellinc, price of the lot
I found on Monday is 141. They were all perfectly new,
and the boarded ones uncut. Our house never undersells
when a work lies on our hands. It is perfectly well known
to the trade that we never do undersell.

Mr. ADOLPHUS objected to that question. He was un-
w►lling to interrupt, as his Learned Friend was conducting
the case with great candour.
Cross-examined by Mr. ADOLPHUS—I served my time
to Mr. Simmonds, of Paternoster•row. It was a very
common thing in the trade to find• books in the market
much lower than the prices at which they were originally
published. They were often sold in sheets and quires, and
for a third, fourth, or fifth of the first price. Booksellers
frequently purchase large stocks at sales, and afterwards,
when in want of money, sell them at a sacrifice ; in this
way books may get cheap into the market, but I should
say not very cheap. 'The trade price of a book sold for
21. 2s. is 1/. 14s. Ido not know that Lord Orford's works,
published at 10 guineas, can be had at half price. We
are not in that line to know what these books can be ob-
tained for. Ido not know that Canning's and Erskine's
Speeches can be had very low at present. I never heard
of it. I don't know that " Fox's Speeches" are now very
high. Every thing produced by the prisoner was in the
shop ; some of the books were on the floor ; that is a com-
mon thing in a bookseller's shop. It was from Mudie that
I learned that Holland had sold the works. I had pre-
viously taxed Holland with being the thief, who imme-
diately ran away without his coat and hat.
By a Juror—l never disposed of books at public auction,
but it is a common thing in the trade to do so.
By Mr. PHILLIPS—Mudie 'Aaid he did not know the
exalt house Holland lived in. He pointed out the next
door or the next but one. Had made enquiries previously
at the Police office of Mudie as to where Holland lived. He
said he had merely seen him get out of a cab, and go into a
house in King-street. The prisoner's shop is seven or
eight minutes walk from ours.
By the RECORDER.-Our custom is to return books that
do not sell, but other publishers are in the habit of selling
off a dull stock at a sacrifice., The books thus sold are
published perhaps a year or two. It is sometimes the prac-
tice of a bookseller to speculate by buying up the whole of
a publication at a low price.
Thomas Clements—l am an officer of Marlborough-street
police-office. I accompanied the last witness to prisoner's
house, and found there the books now produced.
Mr. Ridgway re-called by the RECORDER—The pri-
soner's is an old book-shop for the sale and purchase of se-
cond-hand books. There is no stall, but. an open window.
[Witness here identified the books produced by the officer
as his property.] Books which have cost a great sum in
getting up with engravings, have been frequently sold at a
qharter the original selling price.
Mr. ADOLPHUS—For instance, there is Moore's " Life
of Lord Byron," with illustrations by Finden, now selling
at less than half-price.
Witness—l really do not know where I could get a copy
at that. I would willingly give'the trade price.
Mr. ADOLPIIUS—Then, if you look into Chedley's Ca-
talogue, you will find it as I have stated.
Denis Holland—l was in the employment of the prose-
cutor some time ago. About two months before I went
into his employment, I was passing by the prisoner's shop
with a bundle of waste paper. He asked what I had got,
and I replied cancelled sheets. Mudie said if it was books,
I would give you a good price. After I had got into Mr.
Ridgway's employment, the prisoner saw a volume of Lind-
ley's " Ladies' Botanist," which I had under my arm, and
asked me if it was for sale. I said it was not, and he asked
me if I could get him one. I said I would try and
get one for him. He inquired how much I would
ask for it, and I replied 12s. He said he would give me
10s., but afterwards said, " Well, bring me the book,
and I dare say we will settle about the price." I
brought him the book that same day or next morn-
ing, and he paid me l ls. The plates were coloured, and he
asked me if I could get him a plain one, which I brought
him. They were marked " Published by Ridgway," and
the price was printed on the backs. He then said, he had
got a customer for one of each kind, and asked if I had
any more. I accordingly brought him another plain and
another coloured. He did not pay me the full price we
had agreed upon. He asked me then, if I could get him
any of Canning's, Erskine's, Fox's, or Wyndham's speeches,
as they were all valuable, and if I would get them, he
would give me a good price for them. I brought him some.
He also asked me to procure him some botanical works. I
received 18s. from him for 5 vols. of " Erskine's Speeches," in
quires. He did not pay all at once, but kept a running account
with me. The last transacted was a few days before I
left Mr. Ridgway. Sometimes went there three times
a-day. Sold the prisoner books to the amount of 201.,
and expended upwards of that sum for brandy and water.
After he.had been with the prisoner. three or four times,
he asked him how he got the books—whether in part pay-
ment for wages ? to which he answered, No. • The second
time he brought the prisoner Canning's Speeches, he asked
how I came by them. Told him I dare say he knew how
I came by them ; to which the prisoner replied, " Yes, I
can partly tell, or you would not be able to sell them at
this price." Remembers taking him 75 numbers of
" Sweet's Flower Garden." The prisoner never paid me
for them, but his brother did. He said he could not give
me more for them than 41. 55.--not so much as half price.
Took 12 numbers of the " Botanical Register" to the pri-
soner, who gave me 15s. for them. Drank the brandy-
and-water with the prisoner at a public-house at the end
of Great Pulteney-street. Sometimes spent ls. 6d. and
2s. Went about six times there.
Cross-examined by Mr. DOANE—Said before that he
had drank brandy and water with the prisoner, but had
not said that he spent great part .of the money he re-
ceived in brandy and water: Would swear that he had
told the Solicitor for the prosecutor of it. Went into
the 'employ of Messrs. Ridgway about nine months ago.
Met the prisoner, in January, with some waste paper.
Was taken into custody about a fortnight ago. When
he was asked about the deficiencies, ho did not give his