Star.
London, England, 1821-09-21 00:00:00

OLD BAILEY SESSION&

Yesterday Valliant &therms was indicted for wil-
fully, knowingly, and feloniously accepting a coun-
terfeit certificate relative to certain Excise Tobacco
Duties, with intent to defraud his Majesty- of the.
duties. The prisoner is a gentlemanly looking man,
and holds a situation in the Excise.
Mr. BOLLAiD opened the case for the prosecution,
and called the following evidence:
Richard Jones,' Surveyor id the Tobacco Were-
htuse of the Excise, had been forty-seven years in
the service: all the tobacco was warehoused under
lock of the Excise and London Docks. When a mer-
chant wished to get tobacco out of the warehouse,
he applied to the office in which the prisoner was a
clerk. Tobaccoes are weighed, and a certificate is
made out in the weighing office; the merchant also
makes out an account, which is signed by the Officer,
and the amount of duty being ascertained, the broker
or merchant pays it; the Collector then gives a cer-
tificate that the duty is paid ; the merchant then en-
dorses on the certificate the landing marks and num-
bers, the import weight, the delivered weight, and the
house to which it is to be delivered. The witness
then described the further course of procedure, and
said, the duty of the prisoner was to look at the sig-,
nature, and eater the permits in the ledger. Though
no particular attention was paid to the signatures,
great care was taken in comparing the weight notes
with the certificates. The prisoner was a clerk in,
the permit seat, and has the weighing officer's notes
in his possession; it was also the duty of the prisoner
to make out the vouchers. On the:6th July, witness,'
from information he had received, made some in-
quiry, and found that there was a double entry in'
the ledger. The witness then went to Mr. Mayo's
office with the prisoner, and in the course of conver-
sation, he said, a I think I had better say nothing
about 202." Witness examined the certificate with

Mr. Phipps.
Crou-exawined by Mr. ALLEY.—The prisoner had
been four years in the Office; knew a Mr. Grant, who
absconded about a month since; the numbers of the
permits do not go in regular order; the permits were
put into a drawer to which other persons had access;
the prisoner had complained of Grant's conduct with
respect to die double of No. 198 ; the seat in which
the prisoner sat was railed in.
James Crouch, tobacco warehouse-keeper, in the
same other with the prisoner; was desired by Mr.
Jones, oa Monday, the Sd July, to go to the Office on
Tower-hill, and receive the duties of the preceding
week; he handed over the account to the prisoner, it
was 83 boxes, 113,23211,5. It was the duty of Ise
prisoner to check his accounts, and, if both were
right, they would agree; the amount of the duty of
that week was £22,646 18.. Prisoner said to witness
the accounts did not agree, and the difference of £327
arose from a forged certificate, presented by Mr.
Grant; the prisoner named the circumstance to Mr.,
Jones; witness knew Mr. Grant, with whom the pri-
soner appeared to be on terms of friendship ; Gnat,
in a conversation. said he knew he had paid the
duties. and that was all he cared about; this took
place on the Sd of July; next day witness made in-
quiry, and found there was not any signed bill tally-
ing with the certificate; in the course of further in-
quiry, the warrant produced was found, the signa-
ture to which be did not think was that of the Col-
lector; the warrant in question was loose in the
drawer, and there was also a bundle of vouchers of
the preceding week tied up; the witness produced
the ledger, and found that there was an entry of 202;
there are two entries of that number, the latter one
having been subsequently made; saw Mr. Sutheran
making an entry on the Ist of August, from a loose
leaf; on the Wednesday morning saw but one entry
of 202, but after Sutheran had been at the book there
appeared two numbers of 202. Witness knows that a
leaf had been taken out of the book; believes the leaf
from which Sutheran was copying was in his own
hand-writing.
Crospezaimined by Mr. Anor.rnus.—Grant ap-
peared to be a respectable man ; had seen the prisoner
and Grant go out together ; the prisoner was the first
person to speak of the irregularity; it was this that
set the inquiry on foot, with respect to the N 0.198 ;
the prisoner spoke to Grant publicly about the double
numbers, and the latter immediately disappeared ;
taking up the warrant in a cursory way, the false
signature might escape the notice of the witness; the
prisoner was absent from the Office some days before
he was taken before a Magistrate.
William Paul, Clerk in the Tobacco Office, knew
the prisoner's hand-writing. The duplicate of a per-
mit, and counterpart of the warrant were in the hand-
writing of the prisoner. In the voucher there was a
N 0.202, as follows s--Philip Cabb, wheeler ; Waliam
Murdoch, merchant and importer, two hogsheads,
2,183. Recollects seeing the ledger in the hands of
Sutheran. At that time it corresponded with the
voucher, and there was then but one number of 202.
Mr. Alexander Grant, a broker, of George-street,
Tower-hilk—ln the course of his business cleared great
quantities of tobacco. On the 26th of July directed
Robert Grant to clear five hogsheads of tobacco, and
was furnished with a check fur ESOS 19s. on Messrs.
Ladbroke to pay for the same. The amount of the
duty on one hogshead was £303 16s. rent 2s. dock-
yard Is. the duties on the other four hogsheads were
£1,135 Is. 2d. The whole amount which was paid
was £1,149 2d. On the Slst witness went to the
office for the purpose of clearing some snuff, and
learnt from Mr. Crouch what had happened. Went
to the office on Tower-hill, but could not find the
duplicate of the warrant. Acquainted Mr. Crouch
with the circumstance, who informed him that the
certificate was supposed-to be a forgery. On re-
turning
home, niet the prisoner at the corner of the
street in which he lived. The prisoner asked witness
where Robert Grant was, or where his friends lived?
as he " must see him, and would see him." Witness
informed him where Grant's mother lived, and being
requested to accompany him home, observed, that
he was going to Clapham, and could not. Witness,
from what he learnt, went in pursuit of Robert Grant,
but did not find him, nor had he ever seen him since.
The date on the warrant was not Robert Grant's
hand-writing. The witness had twice paid the du-
ties, once to Grant, and once to the Excise. On a
subsequent interview, the prisoner asked the witness
if anything more had been discovered? and was anz,
swered in the affirmative. On. which he replied—
" What an unfortunate thing it is for mel" 'The pri-

goner also dbserted, that he and Robert Grant had
once some money transactions, and that he thought
he (Grant) led rather a dissolute life.
knncis Fish, tobacconist in St. John-street, pro-
duced the check on their house, given in payment of
the duties.
Mr. Alexander Grant proved the figures on the
back of the check to be in the hand-wasting of Ho-
bert Grant.
James Smith; Collector of the Excise, proved the
signature, purporting to be his name, not to be in
his hand-svviting.
Mr. Wright, Clerk to the Comptroller of the Er-
else, proved that the name of Wright was not his
signature.
Mr. Kennedy, of the house of Ladbroke and Co.
was called to prove the payment of the check, bit
could not say to whom it was paid.
Mr. Gillman, also a clerk in the same house, proved
giving a note, numbered 10,461, for £5, amongst
others, in payment of a sum of £1,439 2d.
William Hetherington proved receiving this note
at the Bank.
James Ball, servant to Mr. Absalom, tailor, proved
receiving the note of the prisoner in payment of a
bill, on the 26th of July last.
The case for the prosecution being closed, the pri-
soner was called on for his defence. He declared
his innocence, and accounted for having the E 5 note
in his possession, by saying that he received it from
Grant, in payment of a debt due from him to the
' prisoner about the time of the forgery.
A considerable number of respectable persons gave
the prisoner a most excellent character.
Mr. Justice RICHARDSON summed up, and the Jury,
after consulting for half an hour,. retired, and on their
return found the prisoner Guilty.
Alanauch Isaac Goldstein was this day again put
to the Bar.
Mr. PLATT said, he hail to offer some farther ar-
guments to those adduced yesterday, in support of
his application for setting aside the present indict-
ment, which was framed under an Act of Parliament,.
which made it felony foe any person to make or forge,
or cause to be falsely made or forged, any document
or note of a foreign Prince. In the present instance,',
the indictment contained a copy of the instrument in
the German language, but no translation of it in the
English language, which, he contended, was a fatal
objection under the Statute of Charles 11. which re-
quired that the indictment should be drawn up in
the English language. In fact, it might as well have
been drawn up in the Chinese language as the Ger-
man ; and no one could contend that the note was a
promissory one, or an order for payment, as there
was no promise in the whole of the document to pay.
He noticed the difference between an indictment for
libel in a foreign language, and an indictment for a
contract, as in the former case it was specific, and
might be translated word by word, so as tcrshew its
intent and meaning. After citing various cases in
support of his argument, he concluded by moving an
arrest of judgment.
Mr. BOLLAND was about to reply, but
Mr. Justice RICHARDSON postponed the hearing
Counsel on the present occasion, as none of the
Learned Judges were present.
David Bartels, an officer of the Customs, was In-
dicted for stealing a quantity of seeds, roots, insects,
and stuffed birds, the property of his Majesty.
John Goodge Wilkinson stated, that he was a land-
waiter to the Customs, and was on duty on the day
mentioned in the indictment. The prisoner was a
tide-waiter on board the Venus, and the witness
having seised four cases, containing the property in
question, on board the Charlotte, put them on the
quay, from whence they were removed by the pri-
soner, and put on board the Venus, where they
were discovered.
Several witnesses were called, who proved the fact
of the robbery.
The prisoner in his defence said, that having re-
ceived an injury in his head, and having taken a con-
siderable quantity of wine, he was in such a state as
to be unable scarcely to know what he was doing.
The prisoner received an excellent character from
' several persons, for honesty, itc.—Not Guilty.