The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1840-01-14 00:00:00

LIVERPOOL EPIPHANY SESSIONS.

The Liverpool Epiphany Sessions commenced on Monday
morning at ten o'clock, before James Clarke, Esq., Recorder.
The calendar contains the names of 108 persons, to be tried
for felony, and nine for misdemeanours and assaults.
EXTRAORDINARY CONSPIRACY.
A case which excited considerable interest, and which, by
appointment, came on on Friday afternoon, was the trial of
Peter Hullhe.s., 41, charged with a conspiracy to defraud.
The defendant had been in custody since the 24th of October,
when he was committed by bench warrant, having been
unable to obtain bail. When he had been placed at the bar,
Mr. Murphy, his counsel, stated that the defendant was un-
well ; he was therefore, accommodated with a seat.
Mr. Venables and Mr. Perry conducted the prosecution;
Mr. Murphy appeared for the prisoner.
Mr. PERRY opened the case. He said that the defend-
ant, Peter Hughes, was indicted for a conspiracy to defraud.
In the first count of the indictment, he was charged with a
conspiracy, in conjunction with persons unknown, to de-
fraud one William Frederick Constant, of the sum of £l5O.
The second count charged that they, being persons in low
and indigent circumstances, conspired to hold themselves out
as a firm trading under the name of James Vincent Hughes
and Co., as a firm of great respectability, and having connec-
tions in the United States of America, and as willing to give
large emoluments to persons going out as agents, and this
for the purpose of fraudulently obtaining their money. And
the third count charged the defendant with endeavouring to
obtain various large sums of money by false pretences.
Mr. VENABLES stated the case. He said that he need
not ask the patient attention of the jury to the evidence he
was about to bring forward, and the statement he was going to
make. This was a case of considerable importance to the
public at large, and it was also a case of considerable im-
portance as it affected the prisoner at the bar. It would be
in evidence that the prisoner, sonic time ago, carried on
business to a moderate extent in Liverpool, as a dealer in
damaged cotton, and that three or four years ago he became
a bankrupt. Bringing down the narrative of his (Hughes's)
history to a latter period, it appeared that in the course of the
last year he was again a bankrupt ; the fiat was dated on the
22d of April, 1839, and after various meetings and adjourn-
ments, the prisoner's statements were so unsatisfactory that
the case was at last adjourned sine die, leaving him, at his
own leisure and convenience, to make out his accounts to the
satisfaction of his creditors, if he could do so, in order that
he might then pass his examination. He (Mr. Venables)
need hardly inform the jury, that a person who had been
twice a bankrupt was incapacitated from acquiring any pro-
perty, unless he had paid 15s. in the pound. Now, it was a
fact that the prisoner at the bar, when the fiat was issued in
the month of April last, had been a bankrupt before; that
the adjudication under the second fiat, after several meetings,
at which Hughes had not given satisfaction to the creditors,
was, in the middle of June, adjourned sine die, and that to
all intents and purposes he was, in the month of June, with-
out the power of acquiring any property. He (the learned
counsel) mentioned these circumstances to show the utter
incapacity of Hughes to carry on business ; and yet, in that
very month of June, it was that he devised the system of
fraud now charged against him. At that very time, when he
was in fact a pauper, he devised the scheme in question, and
called into partnership with him his son, James Vincent
Hughes, whom they had not been able to place at the bar to
take his trial, but whose name was mentioned in the indict-
ment. James Vincent Hughes, when taken into partnership
with his father, was a minor, incapable of contracting any
debt for which he could be sued. These were the partners
in the honourable firm of J. V. Hughes' and Co.—a bank-
rupt and a minor—they were the persons who were to carry
on business. It would hardly be believed, if it could not be
incontestibly proved, that these persons actually did set up
some kind of a small business,—that they took an office, No.
18 or 19, Goree, for the purpose of carrying on, not their
trade, but their scheme to plunder people. They assumed
the name of J. V. Hughes and Co. ; they had in their em-
ploy a clerk named Scholfield, and another named Kelly, both
of whom would be called. About this time they caused ad-
vertisements to appear in nearly all the provincial papers
throughout the kingdom, setting forth that they were about
to send out agents to the United States of America, and that
applications were to be made to J. V. Hughes and Co., who
had the disposal of the agencies. The persons undertaking
these agencies were clogged with the condition that they
should deposit, by way of security for moneys received or
consignments made, a sum of £2OO or £3OO. The scheme
was to obtain possession of these several sums of money ; and
so successful was the scheme that the applications were ex-
tremely numerous—they amounted to one hundred at the
least. But, notwithstanding this amazing extent of fraud,
they should confine themselves to three or four instances ;
and those persons who, unfortunately for themselves and their
families, had been deprived of all their means by the hope of
reaping in another country the delusive promises of fortune
which had been held out to them, would be called before the
jury. The agreements were entered into and signed by J.
V. Hughes and Peter Hughes, with the persons in question.
These agents were to be allowed a salary of £lOO per annum ;
they were to have a junior clerk at £5O a year; they had
authority to take offices on their arrival in the United States,
and a form was given to them in which remittances were to
be made. All this was well contrived : and if it had been

founded in good faith, he (Mr. Venables) would not have
been there to complain. But he stated broadly that there
was no business to be carried on ; there was no necessity for
any agents ; no agents, in fact, were wanted ; it was a scheme
to defraud the applicants of their deposit money, and nothing
else. Mr. Peter Hughes had himself said that as soon as he
got a sufficient sum of money, he intended to set up in the
cotton business. When he (the prisoner) was remonstrated
with, and the certainty of detection pointed out, he replied
that fifteen months would have expired before the parties
could come back, and by that time he should have made a
sum of money, and be enabled to return the agents' money,
if they demanded it. That was strong evidence against the
prisoner at the bar, and clearly pointed out the nature of the
scheme. In the minor part of the scheme, the advertise-
ments were a considerable feature ; they appeared very ex-
tensively—would amount to a considerable sum. One of the
partners in the firm, he believed it was Peter Hughes, stated
that he never intended to pay for the advertisements, and the
young man said he could not be made to pay, as lie was a
minor. There were twelve agents with whom agreements
were made, and the sum that would be obtained would be
£3,400. The learned gentleman then alluded particularly
to the case of Mr. Constant, which was an extremely hard
one. The sum of£2oo had been obtained from him, and
only a small part returned; and, after having neglected to
find him a passage in the Siddons, as had been agreed, Mr.
Constant was left here with his family.
Mr. VENEBLEs then proceeded to call evidence.
Sutcliffe Scholfield deposed that he was formerly a clerk in
the service of Hughes, first iu 1836 as clerk. Defendant then
carried on business as a cotton broker, and a ship broker; he
also dealt in damaged cotton. Remembered the prisoner
being made bankrupt shortly afterwards. Was in the court
during the examination in the second bankruptcy in 1839.
Heard him say that the firm of J. V. Hughes and Co. con-
sisted of himself and son. A short time after that, Peter
Hughes asked him again to go into his service, and lie would
give him a.guinea a week wages and commissions on the
agencies. It was in the month ofJuly last; at that time de-
fendant was promising passages for emigrants for America ;
he did not during that time make any consignments for Ame-
rica, but he had done so formerly of coals, potatoes, and salt,
to New York, that was in 1836. He could not have made
any without the knowledge of witness. The first witness
heard of the agency business, was on his being desired by the
defendant to draw up an advertisement for different papers.
The witness here produced the advertisement with a letter on
the fly leaf in his own handwriting. The letters were all
written either by witness and prisoner's son. A letter was
read addressed to the Editor of the Galway Free Press re-
specting the insertion of the advertisements, which were also
read. The letters to editors of newspapers of a similar kind
written by witness and prisoner's son amounted to more
than 150, and they received a great number of country news-
papers containing the advertisement. The prisoner informed
witness that he intended to send out four agents. There were
a hundred applications. Witness knew that twelve persons
agreed to go out as agents. When they received letters of
application, prisoner instructed him to reply to them inform-
ing them of the terms. A book was here produced containing
the list of newspapers to which advertisements had been sent,
which were generally in the prisoner's handwriting. He re-
membered a Mr. Lowe making application for one of these
agencies in last July.
Mr. MURPHY objected to this course, unless the letters
were produced.
Mr. PERRY said they had given them notice to produce
them, and they were refused.
Mr. Muitruy said, their premises had been broken open,
and all their papers taken away.
The letter, in answer to the application from Joseph Lowe,
which the witness stated was in his hand-writing, was read,
in which he was finally engaged. Witness afterwards, by the
direction of the prisoner, drew up a form of agreement be-
tween the prisoner and Mr. Lowe, with an accompanying
letter, which was also read. Witness saw Mr. Lowe in Li-
verpool two or three times during the negociation. The pri-
soner was in the habit of requiring the sum of £2OO to be
paid by persons agreeing to become agents. Never knew
whether the agreement was signed between Lowe and the
prisoner. He remembered a similar application being made
by a Mr. J. P. Nice, to which he replied at the instance of
the prisoner, and also drew up a similar agreement with the
last-mentioned between Mr. Nice and the prisoner. Wit-
ness heard the prisoner say he had received £BO from Mr,
Nice. He also remembered a Mr. Constant making appli-
cation, between whom and the prisoner he drew up a similar
agreement to the others, arid witness heard Hughes say that
he got £2OO from Mr. Constant. He also remembered ano-
ther person named Hawk applying for an agency. On the
whole, eleven or twelve persons accepted these agencies, and
they were brought down to Liverpool to treat for the same.
When any Liverpool person applied, they were informed
that the agencies were filled. He remembered Alderman
Bulley making application for a friend of his, and witness
was requested by the prisoner to write, and say that all the
agencies were filled. Several other negociations were going
on after this. The prisoner always refused securities instead
of money, and wben he was applied to for references, he
always informed the parties that the agencies were filled.
During this time the pecuniary circumstances were very bad,
and witness did not get the whole of his wages. He did not
recollect more than one of the advertisements being paid for.
The prisoner informed witness that lie was going to pay off
some debts with the money he received fur agencies, and then
commence in the cotton trade again. Witness left because
he would not participate in any of the guilt, and also because
he could not get his money.
The witness was cross-examined at some length by Mr.
MURPHY, who conducted the defence, but nothing impor-
tant was elicited.
John Jones deposed that he held the fiat of bankruptcy,
which bore date the 7th of June last. On the 7th of July
last the prisoner presented his balance sheet, and came to
complete his examination, but it was not satisfactory either
to the court or assignees, and was consequently adjourned
sine die. The prisoner had never completed his examination.
His debts were £943, and his assets were £64 15s. Witness
heard the commissioner say he could not pass his examina-
tion, and give him his certificate.
Thomas Bulley, Esq., remembered making application in
the course of last year for a friend of his. He saw the pri-
soner, and informed him that a friend of his in Wiltshire
would be glad of an agency, and was informed that he was
in treaty with several other young men. He did ultimately
succeed in getting the situation he sought.
Thomas Kelly was formerly in the employ and afterwards
entered the service of the prisoner in May last. He formerly
carried on the damaged cotton business, and that of a pas-
senger broker. It was the prisoner's duty to see the pas-
sengers on board. He was engaged by J. V. Hughes and
Co. in his last engagement, and he left them in July. He
remembered many country papers coming in, and he told
the prisoner that he did not think his business was equiva-
lent, to which the prisoner replied, it was a small sum to
each party, and if they were never paid they would not lose
much by it. He remembered seeing J. V. Hughes enter
these papers in a book as they were received ; when witness
spoke to him about them, he said he was not of age,!tld
could not be made available for the amount of them..
Wit-
ness understood from him that he was in partnership with
Peter Hughes. Witness was told, after he left taheirrse
Mr. Hawk,M and
by Mr. J. V. Hughes, that he had appoiantmed
Con-
stant, a Mr. Nice, and he also mentioned
is
weyashagdoindgeptoositt
he would send out others. He also said
.ecommence
added, that if they succeeded and did
hh
wouldbusiness well,
business again as a cotton brokehr,imby wtehipchayhethweosueldamgeanktes
such profits as would enable ,
Witness understood that the p
when they returned the sums
writiocnnerth
the money which he received from them in the cotton
trade. During the time the witness was with them, they
had no consignment from America whatever. He learned
from the prisonerthahtiHs asyk paid to him £5O for a
pas-
sage for himself and wife. He knew that Hawk could
not satisfy the prisoner as to security, and he said he was re-

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