The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1840-09-04 00:00:00

SERIOUS CHARGE OF SMUGGLING

James Dudley, a man of colour, and late steward in the
New York packet-ship Independence, was brought up,
charged with having smuggled a quantity of tobacco, found
on board the said vessel.

Lieutenant Walker, R.N., stated, that on the 31st ult. he
went on board the packetship Independence, Capt. Nye,
which had arrived the day before, for the purpose of search-
ing her. Upon opening the bread-locker, !•.e found a tin case
and a box, which contained manufactured tobacco. In the
water-tank he also found three tin cases, and, in the hollow
spaces under the steps leading from the cabin, parcels of one
pound each were concealed by pieceS of wood, clumsily put
together with copper nails. The prisoner was on board dur-
ing the search. Informed Captain Nye, who said he was
quite ignorant of any tobacco being smuggled in the vessel.
Charged the prisoner, and had him taken into custody. The
tobacco found on board amounted to 3031b5.

Captain Nye said the prisoner had been engaged in New
York, and sailed thence with the Independence, of which he
was captain. He had only sailed one voyage. Being shown
a chart of the entrance to the Mersey, witness pointed out
the manner in which the vessel came into port. She entered
by the Rock Channel, and was anchored about two miles off
the Cheshire side of the river.

John Filkins Tallinari;;Wcarpenter to the Independence
during her recent voyage from New York. About a week
previous to the arrival of the vessel, the prisoner and another
boy told witness they had expended their wages in New York
in purchasing tobacco, and that they had a large quantity on
board. Askd witness to assist in stowing it away, and said
they had paid one shilling per pound for it in New York, but
expected to realise two shillings in Liverpool. At that time he
saw the tobacco behind the sails in the steerage, principally
in boxes. Afterwards saw prisoner and a boy tying it up in
one pound bundles. On another occasion observed some of
the bundles in a box. Prisoner sent a boy to him for some
tacks, which he gave to the boy. Saw prisoner making pieces
of wood under the steps, for the purpose of stowing tobacco.
Prisoner told him he had sunk three tin cases in the tank, and
stowed one tin case and a box in the locker. Witness is quite
certain that the prisoner conversed with him about the to-
bacco. Prisoner also requested him not to tell the captain.
Mr. Rushton inquired if the boy mentioned by the last
witness was present, and being informed that he was absent,
he gave instructions to bring the boy before the court.
Capt. Nye said that no one had access to the locker but the
steward, a boy, and himself.

In defence the prisoner denied that he had ever spoken to
the carpenter respecting tobacco. He pronounced the evi-
dence to be false, and declared that he had never concealed
the tobacco found on board the vessel.

Mr. Rushton said the case required to be further investi-
gated by the commissioners of customs. He would therefore
remand the prisoner till Saturday.
The prisoner was remanded accordingly.

YESTERDAY.
MORE BASE IRISH COPPER MONEY

A man, named James Howard, was placed at the bar, on a
charge of having imported a quantity of base copper coin.

Police-constable Matthews (39a) stated that While he was
on duty at the quay of George's Dock basin on the previous
morning, he observed the prisoner walking close to a boy
who carried a box. He watched them into Chapel-street,
where the boy laid down the box, and the prisoner put it
upon his shoulder. He went up and asked him if the box
was his, and he said it was. On being asked what it con-
tained, he said his clothes. The prisoner put the box down
and unlocked it. The officer searched it, and under the
clothes finding a false bottom he took it and the prisoner to
the police office. • The false bottom was nailed in and papered
over, and under was found a quantity of base copper money
worth about four pounds.
Mr. Dowling, who received the box from the officer, enu-
merated the coin, which consisted of pence and halfpence, of
the reign of Geo. 111., peonies of the reign of Geo. IV., &c.,
all of which were _ base. There were also some copper tokens.

.
The prisoner stated that he was employed by a baker of
this town to go to Donnybrook Fair to sell cakes, &c., and
that he had there taken the money in the way of trade. It
was the same money that was passing at the fair.

The examinations were taken, and the prisoner was re-
manded until a reply could be received from the mint on the

EMBEZZLEMENT

Edward Cowan was charged with embezzling certain
monies, the property of his mistress.
Christiana Evans, one of the Society of Friends, said she
was a widow, and kept a shop in Clare-street. The prisoner
had been in her service since January last as a. journeyman
baker. His duties were to bake bread and take it to her
customers, and to hand over the money to her on his return.
He used to give an account of what he had received, which
was entered in a book at the time. On the 15th of August
last the prisoner baked a quantity of bread, and in the after-
noon took it to her customers. Edward Byrne was one of
them, and had credit for bread. Witness asked prisoner
what money he had received from him, as he owed her a
balance of upwards of three pounds.. The prisoner handed
over nine shillings, and said that Byrne would try to pay part
of the old account next week. He said the money stated was
all he had received from Byrne. On the 22d of the same
month the prisoner again took out bread, and on his return
in the evening paid over some money. Mrs. Evans asked
him if he had got anything from Byrne on the old account,
and he produced six shillings, and said that was all he had
got. Witness afterwards, from some suspicions she enter-
tained, called upon Byrne and other customers, and found
that the prisoner had received money which he had not paid
over.

Mr. Byrne being sworn, said he had paid the prisoner £2
on the 15th of August, and on the 22d ten shillings and six-
pence.
On the prisoner being apprehended, and told that he was
charged with embezzling money belonging to his employer,
he said "It was done in a moment : it is a bad job." On
his way to Bridewell he said, " My mistress and me dis-
agreed. I opened the cupboard and took 4i. 31d. The
halfpenny was a bad one." It also appeared in eidence that
Mrs. Evans had found a sum of X9-ss. unaccounted for, and
in her books. The prisoner, on being cautioned, said, " I
say Byrne has not paid me a farthing on the old account.
Mrs. Evans is overcharging me. Ido not owe her £9 ss.
Mrs. Evans said she did not wish to press the case against
the prisoner, if she saw that her loss could be made good.
Mr. Rushton said he considered the case a serious one, as
affecting servants and their emplopers, and committed the
prisoner for trial at the sessions.

SMUGGLING WHISKY.-CAUTION.
Michael Flynn was charged with bringing from one of the
docks a quantity of whisky (under half a gallon) in a jar.
The liquor, it appeared, had been taken from a cask on
the quay ; but of this there was no direct proof. The pri-
soner said he had it given to him by a man who found lie
would not be allowed to bring it on shore, and that he had
given away other quantities to other parties.
The prisoner was, under the dock act, committed to gaol
for one month.

ASSAULT ON BOARD SHIP.
Emanuel Lee, captain of the brig Fortune, of Cork, ap-
peared to answer the complaint of James Welch, one of his
ship-boys.
___ _

The Couipliinant said he was going from the companion-
way to the galley with some cocoa for his supper, which had
been given to him by direction of the mate, when the cap-
tain stopped him and asked him what he had got, and that,
on telling him, he severely kicked and struck him.
A witness who was on deck corroborated the charge of a
violent assault.

The defendant warmly denied that he had violently struck
the boy ; he had only given him a cuff or two, for telling him
such an abominable lie about the cocoa. He called a witness
who said he saw no kicks. The mate, however, admitted
that he had given the steward directions to give the com-
plainant the cocoa.
The captain said that boys could not be kept in subjection
if they were not to be corrected. _

Mr. Rushton said that he was the last person who would
in the slightest degree sanction any insubordination or im-
proper conduct on the part of apprentices; on the other
hand, boys must be protected against unprovoked assaults
by their masters. In this case it appeared by the defendant's
own admission that he bad struck the boy for telling an
abominable lie ; but it appeared he had told the truth, and
no lie whatever. He required the Captain to pay a fine of
£5 and costs.