The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1836-08-16 00:00:00

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Lock ran away, and in doing so fell over a boy. and got a very
heavy fall on tile paVemenf; he got up and ran away into Bed-
ford-street; there wa., no difficulty, in his running. Lock a
vt,ry idle, drunken noun, constantly qnarreEing. I have sPO
him with tail:dies of rope under his arm to make mats. l'saw
him three weeks atter the fight.
'For the defence.
Ann Hughes.—l let lodgings in Back Parliament-street- On
the Sunday night, 31st January; I hear' a noise. Saw Lock
U(.l Sihipson fighting. They were standing. Mrs. Lack was
there patting him on the back, and saving, Go it. Dick." Did
not see any kicking after. Lock was lilted up, he walked away.
I. did not see the commencenient of the fight. Saw Lock many.
tiines after.
,Sarah Spence.--My husband is a cart-owner in Ashton-street.
Ilernember seeing Simpson going home on the Ist February
with his tools in his hand. ' As he was going up the steps into
his Own honse, Lock came*up, and pulled him down by the skirt
of his coat. Lock struck prisoner several times, and they fell
lotrether in Swavne's cellar. Simpson did not say anything to
Lick before he ;truck him.
,I know Lock "WaS a drunken man.
James Bb a iudell.--1 sin blacksmith. 'Knew Lick, and
know the ptisuner ; .he was free to drink. I saw hint on the
Mouday forenoou ; he was in his Shirt sleeves in the street. I
asked him what he was about, and he said he was waiting to
haVe it out with Simpson, and I said "nonsense. man." "By
Gud I will," said he. I saw him again on the Wednesday fol-
lowing, and I asked how he came on ; he had no black eves,
and Ise said, "that chap is'nt able to do it." I saw him a fortnight
after, when he applied for work at the shop I work at, he was
a striker. I asked him how he was, and he replied “ Never
better, chap." The learned Judge here stopped the case, and
the prisoner was discharged.
Mr. CiLOMPTON made application to the Court to enlarge the
tOcognizances of Sarah Datfin, and to, postpone the trial on the
'Coroner's inquest to the next assizes. '
John Shic4,:k, 33; was charged with having at Liverpool,
feloniously- stolen one hank note, fur the payment of EA the
property of Daniel Tunstall,,and another.
Mr. Coltman and Mr. "Adolphus conducted the prosecution.
The indictment was 'Preferred by his Majesty's Must-toaster
General against the prisoner.
Mr. Daniel Sandbach sworn, examined by Mr. Cot...max.—
." ant iu business in Manchester, under the firm of H and D.
83.0 !ban. D, business with Seuson and Tunstall of Kirkdale.
Had occasion to'inake a remittance on the 20th of April last.
It was !nada by a bill drawn on Jones, Lloyd, and Co. far £3O,
and al5O Bank of England nate. endorsed on the hack, " p.
Post, '4,) April, 1833." I enclosed it in a leiter, and put it in
the post myself. The note produced was part of the remittance.
I sealed it myself, and put it in'the ptitt with 'the intention of
going to Liverpool the-same evening.
Cross-examined by Dr. Brown.—E did not endorse it iu a
hurry.
Mr, Thomas Sumner sworn, examined by Mr. A DOLPHUS.--••••
I an a clerk in the Aaaehester Past-office. Was so on the
2hh of April. If a letter were put: into the post between three
and four o'clock for Kirkdale, it would be sent by the the train
atfive: 'I made the 'bag up that day: I delivered'it ttiGeu-rge
Jamieson, the guard. _ .

George Jamieson •sworn.—By the- 'ATTORNEY GRIVETtA
Was gu ird of the 'mail on the-29th April last, received it from
the last witness, and deliveredit toWin Royle, at the Liverpool
Post-office.
Win. Boyle, examined by. Mr. COLTKAN.—I received the
bag from 'Manchester on. the 2Jtir' of April. • It arrived in the'
ordinary course. -That is lay signature 'Messrs. Scotson and
Tunstall had- a box at the Post-office, A• 113: All letters sent'
for that house woul'l be sorted into letter A, and put in the box
A; 113. 'Know Mr: John Tunitall. Is a brother of Mr. Daniel
Tunstall. • He has a box S, 39, he has had the box scone years.
Scotsosa and Tunstall since Decemiier. 1835. All- their letters
previous to that time were put into 'Mr. John Tunstall's b'sx,
and delivered out with his letters. I could not say whether
there was a letter on that day for Scotson and Tunstall.
By Dr. BitowN:—The snail would arrive at ten minutes to
seven. Two persons generally sort that mail. The merchants
are anxious to get their letters as soon as possible. It is possi•
ble that a letter directed Scotson and Tunstall, might be put
into 'Mr: John Tunstall's box.
Mr. Daniel Tuustall.—l am the partner of Mr. Scotson ; the
only partner. In the month of April last expected a remittance
from Messrs. Sandbach, of Manchester. We had a box at the
POstoffice: I went three days in the week, and my partner the
remainder. We did not receive any remittance during the
month. I have a brother, John Tunstall, living in Liverpool.
I know the prisoner; he was in the employ of my brother, who
was in partnership with a Mr. Browne for four years. He used
to fetch our letters..:When we made arrangements fir a box at
the Postoffice, I told my brother, in the presence of the prisoner,
end afterwards told the prisoner; but if-any letters got Into my
brother's box he was to return them into' theTostoffice.
By Dr. Bitoivti.—l cannot tell the exact day when I told the
prisoner. We never -send our clerks to the Postoffiee. We
call out the number of the box, but sometimes the clerks do
without, from knowing the parties. - '
Samuel Scotson.=l am partner of tbe'last witness. We never
received any remittance from Alessrs. Sandbach in the month of
April, Letters haVe twice got into our box by mistake, and I
have returned them to the Postotlice.
'Mr. Sandbach' recalled.—The letter was directed, Messrs.
SCotion and- Tunstall.
,Robert JotieS.-4 am a smith, and live at Warrington.' Re-
member seeing the prisoner at the Eagle and Child Inn, in
Warrington, on the 15th of May last. George Frank was with
one. I said. to him, " I think I have seen you before," and he
said, " I think-I have seen you." Laten asked him his name,
and he said John JoneS.- I said my' nirne •vva.s Robert Jones.
Nothing material occurred till he said, "'Drink up, and have a
glass of ale:" He treafed me. After drinkirig the ale, he said
he had no small change, and pulled out a £5O 'like, a Is. or Is.
evt. Said he had been to Dicky, and wished to get it chang.ed.
It was handed-to Frank, and he-said he .woold go to Mr. Green,
(trader, to get it.changed. Frank was out ten minutes. He
returned and said he could nht"get it. 'Presently after Mr. Green
came in and appeared to. change it, if he mini(' allow something.
Prisoner said he would wait till morning first. This was about
eleven orclock.iWthe morning. Frank and prisoner went down
to the District-Bank. I remained at are house. They returned
aftee_a few minutes. Prisoner said he had no money to pay his.
shot,-niiless the note 'was chanted: We.all dined "together, and
I went with him to the District Bank. lam known at the Dis-
trict Bank.; 'My father keeps an account there. "have 'done
business there. I saw, Mr. Pilley, the manager, who changed
the note. We went back to the Eagle and Child. Prisoner paid
his shot. lie said he lived at No. 7, Lumber-street, on my ask-
ing him the'qnestion. I told him 1 was coming to Liverpool
races, and lie" Said; " Call on me, and we will go together." I
went to Newion .on the railway-,' arid:he proCeeded to
Liverpool. . I-came to Liverpool on the 23(1 June, and went
with Mr. Joseph Barry to Lu'nher-street in search of prisoner.
We afterwards went to-Standish-street, where he lodged. We
found him in Powirall-scittare, and in coming up he said,
What'S the Matter r. I said to Mr. Barry, " That's the mail."
By Dr. BRowN.—He was in no 'hurry to have the note
changed: He.said he had been as far as Derby.

,Geo. Frank:--4. live at the Eagle and Child in Warrington.
Was there on the 15th May last. The last witness came to
(line with .me,. A person of the name ':or John Jones came in.
The prisoner is the man. I heard him give himself that name.
tie sail he • had come from Derby. I - understood. hint to say
thtat he lived in Lumber-street, Liverpool, Hi .alleiwards
produced a £5O note. I went with hint to the District Bank to
get it, changed. He 'asked the landlady to -change it, and she
a4ed me to step. to Mr.' Green, and he would not do it without
cerninission; 1 delivered the same.note to the prisoner. .

Henry Hornshaw am the manager of the District
Bank, Warrington. On the 15th of May one Robert Jones
came to the bank. Someone carne with him, but •1 dont know
Who. I knew Junes. He said his friend waa travelliog,.and
had no change to,pay- his bill. I cannot. say who the person wits.
I placed the note in the bank safe. I dont remember marking
any mark on the note. .The.note was handed,to witness to see
irthe marks R. Jones were,in his handwriting.. He ac-
kdwledged it was, but had no recollecton of making it.

Thomas Mastan FOrrest.l am a-clerk in the District Bank,
remember receivingnine on the 16th of May, from the last
witness. The entry was produced, made in hiS own handwriting.
" Received, from Robert Joiteg, signed N. Stock, dated Manchester,
114 June, 1833,- No. 60U1. Amount £50."

Mr. John Tunstall.—l am a hide broker, io Liverpool. The
Prisoner has been in my employ as head warehouseman, for
three or four years. It was his 'business to fetch our letters; in
December, Scotson and Ttinstall ceased to use our box. The
. ....
Prisoner continued to fetch the letters. At nine in the morn-
jag. and at half-past one. After Scotson and Tunstall ceased
to use our box. I told the prisoner not to bring any letters
directed to Scotson and Tunstall, but to return them. In a
Mistake taking place, I have either delivered them myself or
sent them to the Post-office. I received no letter in April, di-
rected Scotson and Tunstall. -He never went to Derby with my
knowledge. He was two days absent on the plea of illness. I
Went to his lodgings, Standish-court, Milk-street, but did not
Lind him. The next day, Tuesday, I went amain, and saw him,
ftpd inquired what was
.t notice.tter? He said he was very ill.
did not take particular This was the second day of
his absence. Prisoner kept memorandums of letters received,
and post ages paid. The book produced is in his handwriting.
On the 21st of April there is an account of 12s. 7d. paid for
Postage. The previous entry is on the 14th of April.
By Dr. BeowN.—Memorandums are sometimes left for se-
veral days. One or two mistakes have occurred since Scotson
and Tunstall ceased to use the box. The prisoner has been in
MY employ four years, and I never knew any thing against his
character.
'Josiah. Banning, chief clerk in the Post-office. Went on the
23d of June in company with Robert Jones to No. 3, Lumber-
street. I took a police-officer with me of the name of Helsel'.
We met the prisoner in Pownall-square, on the same night. I
osked Jones if the prisoner was the man, and he said " Yes."
I afterwards asked prisoner where he got the £5O from he had
Rtlt changed in Warrington, be said he knew nothing about it.
I.9rdered him into custody.

James Halsall.—l am a Police officer, remember taking the
Prisoner into custody. When•l first took the prisoner he asked
what was the matter ?" I told.him he was charged by Mr. Ban-
!ling with taking a letter, and a £5l note with it, lie said " he
Knew nothing about it." He appeared in liquor, the next
Morning saw him. and he said "he was much better, that it
Was of no use denyirig, and he Would tell about the £5O note."
He said " I did get, change for it, but I found it in Exchange-
street East. Liverpool."
Edward 'William Smalley.—l live in Lumber-street, No. 7.
I don't know the prisoner at the bar. 1 have lived there seven
years. I keep the Steel and Punch Bbwl. Prisoner'has neVer
lived there to my knowledge.
Dr. BaowN.raised an objection to the indictment, founded
upon the case, Rex V. Mucklow, where a letter directed to .T. M.
St. Martin.'s-lane, Birmingham, enclosing a bill of exchange,
drawn in favour of J M., was delivered to the defendant, whose
time was J. M., and who resided near -St. Martin's-lane, Bir-
laingham, but, in.truth, was intended for a person of the name
of J. M. who resided in New Hall-street
_; and the person, who
from the., contents of the letter must have known that it was not
intended for him, applied the hill of exchange to his own use, the
judges held that it was no larceny, because at the time when
the latter was delivered to him, the defendant had not the ani-
-1"4 furandi.---'-Greentrood's Statutes, Page 174.
The LEARNED JUDGE overruled the objection, as there existed
!3,0 material distinctions between the two cases. The prisoner
hid received the letter in direct opposition to the orders of his
Master.
in defence, said that he found the note in Ex-
papers that had been swept out.
The prisoner,
change-street among seine office
,„ prisoner-it in the office with Mr. Daniel Campbell.
1-he p was in our employ two or three years. We con-
-B"lered him the best warehouseman we ever had.
The prisoner said that had he been disposed to pay away the
, ,tft. he could at any time have disposed of it, as he was-in'the
"Snit of paying
T large sums of money for his employer.
uustall acknowledged such was the case.
ihe LEAII'NED JUDGE summed up in a very clear manner,
„
-'1(1 the jury, alter a short consultation, found 'him guilty, hitt'
'"ouinentl
aed him to mere on account of his previous good
th,_ra )
% eter.
The Lams En .1-JDGE then sentenced the prisoner to be trans-
P4rted beyond the seas for the term of seven years, but Should
`'Stead to the recommendation of the jury; and not sentence him
work in chains on. the roads for te whole period, but to be
'kept tu'hard labour as a slave for four yeaq.

• CROWN COURT'.—SATURDAY.
ARSON. •
trillium Kelly, aged 38, was charged with having, at H eap,