The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1838-10-30 00:00:00

a,

MICHAELMAS 'QUARTER SESSIONS,

FRIDAY.
TRIAL OF THE' MESSRS. PICK FOR A CONSPIRACY TO

DEFRAUD THEIR CREDITORS.
Shortly after nine o'clock yesterday morning, came on the
trial of the Messrs. Peck, on an indictment charging them
with having conspired to defraud their creditors.
Mr. CorriNGIIAM and 31 r. tics nToN appeared for the
prosecution, and Mr. MURPHY and Mr. JAMES fur the de-
fendants.

Mr. CorriNotiAst stated the case at considerable length,
after which evidence was produced.
Anthony Wilkinson was first called, and deposed,—l am a
merchant, and carry on business in Temple-place, corner of
Matthew-street, Liverpo:[; I am a provision dealer. I know
Joseph Peck. He carried on business in Brownlow-bill and
London-road. Thomas Phillip Peck carried on business in
the same place. I remember having seen Joseph Peck on
the 11th April. He came to my counting-house for the pur-
_

pose of buying butter.
Mr. Murphy here raised an objection, which, after having
been argued at some length, was overruled by the Recorder.
Anthony Wilkinson, examination continued.—l said that
on the 11th of April be came to my office to buy some butter.
He wished to purchase 100 firkins. He did purchase them,
and said that he would call for them. He stated that they
were in want of them for the Brownlow-hill shop. They bad

thrice dealt with use before. On the previous occasions we
found the cart, and sent the goods up to the Pecks. On this
occasion, about one or two o'clock in the afternoon, he him-
self brought a cart, and one-half of the goods were put into
it and taken away. Peck went away with the cart. After
the delivery of the goods, I did nut feel satisfied with the
manner in which Mr. Peck had bought the goods. He
seemed very careless about taking the averages of the tares ;
be would take them as they were, and from that and other
circumstances I thought that all was not right. 1 sent my
warehouseman to the shop in Brownlow-hill: he returned in
a short time. In consequence of what he said I and my
brother called at Brownlow-hill about six o'clock on the same
day. Joseph Peck was in the shop. Before I went into the
shop, I called at the cellar door, and asked a man whether
be had got fifty firkins of butter in, and he said, no. I then
went into the shop, and I said, "You have not got the butters
in." He seemed somewhat confused, and was some time be-
fore he answered. We asked him if they had gone to Lon-
don-road, and he said, yes. I then told him that they had
not. At this time the other brother came out. Knowing
that they had no other places of business except those two,
I asked where they had taken them. Thomas Phillip said,
it was nothing to me were they had taken them ; they had
purchased them, and had become responsible for them. They,
in fact, refused to tell me anything about them. I saw those
goods again a few days afterwards, when the place in Lawton-
street was broken open. There were butters there I had sold
a considerable time before, which we had delivered at Brown-
low-bill shop, and had got a receipt for. I found the 50 firkins
which 1 had sold on the 11th April. There was a considera-
ble quantity of goods,—bacon, tea, butter, and other things.
They were nut displayed as if they seemed intended to be
sold.
Cross-examined.—The place was a store, and I do not
know that it was necessary to have a place for the arrange-
ment of the goods. I cannot say whether they called
themselves wholesale dealers or not, but they cut up the
greatest part of their goods in retail. They said that they
wanted the goods; but they only got the 50 firkins. That
was because the cart would only carry that number. The
others were of course refused. I 'had at first no hesitation in
trusting them; for I considered them careful, industrious,
hard-working people. The terms were one month's credit,
and two months' discount. They owed me some money on
the ID h April. I did ask them about it: it was about £6O,
one month past due; and they said that they would pay in a
few days.
Re-examined.—With two previous orders remaining un-
settled in March, and the one in April, they owed me alto-
gether £295.
By the RECORDER.-1 solicited him to deal with me. I
did not offer him six weeks' credit. He wished to draw upon
me; but I would not. I told him I would make the terms as
light as I could. I-had implicit confidence in them until the
11th of April. The price of butter was steady at that time.
William Jones, a carter, proved that he had been employed
by Joseph Peck to go to Matthew-street. He was present
when it was stated that the goods, fifty firkins of butter, were
to go to Brownlow-hill. When be started away, Mr. Peck
bad gone into the office, but he rejoined him in Church-
street, and told him to take the goods to Lawton-street, as
they bad a warehouse there. The only one of the three de-
fendants he knew was Joseph Peck. The warehouse was
dark, and he could not identify anyone that was present.
Cross-examined.—There was tip concealment; the goods
were put in openly.
Mr. John Herd.—The firm with which I am connected is
Bryans, Herd and Co., provipon dealers. I know two of
the Pecks. Thomas cause to my office on the 9th April, and
purchased bacon and butter, to the amount of £166.
Cross-examined. —1 had had dealings with them for some
years. Their trade had gone on increasing, in consequence
of their having two shops. It is possible that they might
have owed us snore than £2OO at one time. Some months
before, they had taken offence because we would not trust
them more than one parcel at a time, and left us. They did
not come back until the time I have mentioned. I remem-
ber receiving an anonymous letter, which I sent to the two
Pecks. We never were fond of them; but- I thought them
industrious and honest.
Re-examined—Previous to the receipt of the anonymous
letter, we had thought them safe, though we were never very
fond of them.

Frederick James.—l am in the employ of Messrs. Brvans,
Herd and Howarth. I was on the 9th of April last, and re-
member Thomas Peck coining. He gave an order for 10
firkins of hinter and 20 bales of bacon. That was the order
of which the last witness had spoken. He said that he
wanted them for immediate use, and would have them taken
away there and then. He said nothing about either shop.
31r. Peck got the cart.
Cross-examined.—Said nothing to induce them to take
more than they wished to have. 1 cannot form any recollec-
tion of the price of bacon at that time—whether it was rising
or not.

Joseph Buck, a carter, was employed by Mr. Thos. Peck
to cart the last-mentioned goods, and was told, on being en-
gaged, that he was to take them from Brvans and Co.'s to
Brownlow-hill. He went in thatdirection.with his cart, and

Peck met him in Church-street. He said he had a ware-
house much nearer, and told him to take them into Lawton-
street. 'there was another gentleman there, but he could
not tell who he was.

Joseph Purcell.---I atn a merchant in Liverpool, and have
dealt with Thomas Phillip and Joseph Peck for several years.
On the 12th of Alarch they bought butter to the amount of

£6O 9s. 3d. On the 19th of Mat;th, for the same article, £6O,
and on the 13th April, £l6O. A part of the butter, 12 fir-
kins, they returned as unsuitable to them, and left my whole
account, £2.32 2s. 10d. I believed that they would have paid
me, until something occurred afterwards. I received au
anonymous letter.
William T hornas. —I am clerk for Mr. Buckley, a cheese
factor. 1 know the defendant.i. They had transactions with
my master. On the 10th April, he ranee to Mr. Buckley's
store and purchased cheese to the amount of £3O. On the
11th Joseph called again, hut nothing was done then. On
the 11th I offt:red him cheese at a certain price, and on the
12th he came and took a lot to the amount of £65. The
goods were not paid for.
Cross-examined.—lle told me to get a cart. He seemed
wishful to have the cheese on the 11th, hat I could not agree
to his price. At nine next morning he canto and gave me
the price asked. I could not swear that I did not press bun
to buy; but I have no recollection of basing done so. I be-
lieve I. have solicited them for orders: that is usual.

John Thompson Buckley.—l am a cheese factor. I know
the defendants,. Thomas Philip and Joseph Peck. I was in
Scotland in April. Before going there, on the 13th February,
I sold them cheese to the amount of £137. They paid me by
a bill of two months; the acceptance was returned when due,
on the 16th April.
Cross-examined.—They were arrested before that time.
Re-examined.—Never knew that they had any places in
Lawton-street and Stanhope-street. 1 never had an anony-
mous letter.
Mr. George Crossfielti.—l am a wholesale grocer in Liver-
pool. I know the two defendants. They have dealt with
me, and in April last were indebted to me for goods delivered
to the amount of £333. I did not know that they had any
places
of business in Lawton-street and Stauhope-street.
The goods were principally sugars.
Cross-examined.—They had occasionly dealt with the to
the amount of £lOO or £l5O. They owed me £5OO before
they paid me £ll4 in March. Their orders became gradu-
ally larger, and their payments rather longer. Thomas Philip
baa the reputation of being attentive to business.
Mr. Robinson.-1 am a merchan.t in Liverpool. Our firm
is Robinson, Perry. and Co. We have had transactions with
the two brothers. I remember Joseph Perk coming to our
place on the 14th April. He said that he was in immediate
want of fine butter, and purchased 20 firkins. That was on
Saturday, and it was rather an unusual day for retail dealers
to purchase. I did 'not then know that they had been pur-
chasing from Bryans, Hird, and Co. They now owe me £232
for goods purchased on the 26th and 30th March, and on the
7th and 14th April. There had been an interruption to their
dealings rot six months before that. On Sept. 22, 1837, one
of the brothers purchased bacon to the extent of £'27, which,
through some negligence of the clerk, had not been entered
into the book.
A dispute arose about the cause of the interruption, and
the R Ecoit DER ruled that they should not enter into the expla-
nation.
Barclay Clibbord.-1 am a merchant in Liverpool, in part-
nership with my brother. Know the two defendants. On
the sth April, Joseph carne to our office and purchased six
hales of bacon, and one hogshead of hams, which amounted
to £:: ss. sd. They are not paid for.
Cross-examined.—They had dealt with us for about four
years, and sundry payments had been made.
John Parker.— I am a provision dealer in Liverpool, and
knnw Joseph Peck, and his brother. toe grocer. Remember
Joseph Peck, in the month of March, the 17111, coining to
purchase fine butter, of which he was in immediate want. He
wanted five or six bales of bacon, but 1 bad only one, which
I sold him. That, with 14 firkins of butter, amounted to
£62 15s. 3d. 1 delivered them on the 18th. A day or two
after, I saw them in a warehouse in Lawton-street.
Cross-examined.-1 k now a Mr. Youd. I went to him
to
consequence of an anonymous letter which I received about
the Pecks I cannot recollect whether it was before or after
I sold the goous to them. Fl e afterwards admitted that it
was atter the receipt or the letter that be sold the goods ]
But after they had been arrested they came to buy my goods.
Mr. Kellock —I am a prinision dealer, and remember the
Pecks, on the 12th of April, purchasing cheese hum me tql,
the extent of £35 Ss. Id. I agreed to take their acceptance
at 40 days. It has not been met.
Mr William Cummins, a provision denier, also knew the
Pecks, and had had transactions with them. On the 6th or
7th of April, Joseph Peck bought 7 bales of bacon from him,
worth from £3O to £4O, for which they had net paid.
Mr. Yield is a cheese factor, and the Pecks had purchased
cheese from him, about the 29th or 30th of Match, to the ex-
tent of £3l.
Mr. Wy nch is a tea-dealer in Liverpool, and knew both
the Pecks. They had purchased goods from him frequently.
In the month of March they bought tea to the amount of
£lOO, and he was a creditor for rather more than £2OO.
They sent in the month of April a further order, which was
kept in the books until it was seen whether they paid for the
former orders. Not doing so, the third was not completed-
Mathew Davies Powell.-1 am the agent for the owner of
the warehouse in Lawton-street—Mr. Thomas Jevons. On
the Bth of April, Samuel and another of the Pecks came to
me, and I let the warehouse to them. They told me that they
lived in Browntew-hill, and that they wanted to* take the
warehouse from me for a provisien store. I agreed to let them
have it. 1 let it to Mr Samuel Peck for £4O a-year, and it
was particularly explained by the other brother that Samuel
was to be the tenant. They were entire strangers to me, and
I did not let the place till I had gone and inspected the shop
in Brownlow-hill. I saw two gentlemen there; but 1 think
neither of them was Satnue'. I think that the two I saw were
the two others at the bar. The other two brothers were tube
the guarantee for the rent, though Samuel was to be the
tenant. . _

Cross-examined.—When I went to the shop it appeared
to me like one in good business, and that induced me to let
them have the shop.
Mr. William Cotter.—l am the owner of some premises in
Stanhope-street. I remember Samuel Peck coining to me •
in April; and on the 3rd of that month I let him a shop in
Stanhope-street. When he first made application, I hesi-
tated to let him have it; but a day or two after itomas came
and said that he had two places of business, one in Brown-
low-hill and the other in London-road : he said that he and
his brother Joseph would be guarantee for Samuel. When
I found them bearing such an appearance of respectability.
I did not require their guarantee, but they distinctly stated
that Samuel was to be considered the tenant. . - • -
31r. Wiliam M'Kay, a IN holesale grocer in Liverpool.—l
know the two. brothers Peek. I had two or three transac•
ti. 1121 is trade wits thew, The last was on the `Lsttli March,