The Statesman.
London, England, 1822-08-27 00:00:00

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11ciC111 CUlT.—LiNcArrsa. Atm. ?A.
rrennor
John M'Carty was indicted (with some others), for
_ conspiring to defraud his Majesty of the duties pay-
able on wards queutifies of 'brandy.
Mr. SCARLET? stated the case.
Edward Begun the ringer was la partnership
with his node, is Liverpol, is the wine and spirit,
trade. He bad known the defeadant for the last seven '
nears; he etas a rectifier of spirits, and carried on his
business in Seel-street, Liverpool, soder the firm al
John M'Carty and Co. He had bad many Winne-
. lions with him its tredet- the last was for nuts spirits!
At and wine that had been sold to him, which amounted
to MI. Soon after the delivery of that order, the
defendant called his creditors together, and proposed
to mod. his debts by jsills en London, at twelve and,
t renty-four months. (Here on of the notes ware
prortiosed, which the witting had takes ie payment
of his demand.) After that meeting the defendant
called me hint and mentioned, that he was going to
fou a new partnership with setae gentlemen. and that
they were going into au extensive trade in foreign
suirits. O.e of Oleo centimes was described as •
Major in the army. Tb.y fixed upon a vault adjoin-
ing the premises the defendant onspied, and he said
that it was the intention to snake it a bonded vault (a
place of deposit partly ender the contralti of the Ex-
dee) for such wine and spirits as had not paid the
duties. The defendant requested the witness to make
the peeper applications to the Excise and Customs,
for the porpoise of getting it made a bonded vault ;
and said that his
he was totally unacquainted with the mode himself,
and he also said that the Excise was jealous of seeing
°I. a Rectifier meddle with bonded cellars, and especially
when they were situated sn wear their own premises.
81• Carty afterwards inquired what bad been done, and
sail then the spirits intended to be put into the
collar, were principally brandy and holland', and that
be bad purchased a quantity of brandy is London,
aril be was therefore anxious to have the cellar.
ready to put it in, on its arrival. In consequence of
the trouble the defendant was requested to pay one
of his composition hills, to which be consented, and
the witness took the necessary steps to get the de-
fendant'. wishes complied with. The cellar was ad-1
)oining M•Carty's house, and over it was au empty 'I
warehouse. Oo the arrival of the brandy, the witness I
was requested to bond it, and for that purpose he went
to the quay whore it was landed, and examined one
or two of Often casks, and fond them to be of a
good quality. A few days afterwards be was in-
formed that it was unnecessary to bead the brandy, as
lie had net been able to pay the purchase money,
and the merchants, Messrs. Testes sad Co. had con-
signed it to the care of their brokers. In come-
(pence of a dispute between the brokers and the de-
testiest, • pars of the consigament was put among
the Enka worn. The defendant was asked to lot
the vitae" have era brandy for on of the bills that
had been taken, bat he excitsed himself, by saying. it
would appear extremely Menge in the eyes of hie
new partners, if the firm thing be did was to pay his
old debt* wish thisjoiat stock.
Cross-ermatind by Mr. WILLIAMS.—He knew the
&foulest bad called his creditors together at the time
of these transactions is the brandy; and that his
affairs bad bees deemed, bat it was thought possible
that Ms new **condom might have broositt him
round again.
"'James Wood sworn.—He lived In Liverpool, and
knew Mr. James Kenney Gory (one of the defendants)
made as application to him its the latter end of June,
1617, to become an agent for him, tad some other
person', for the sale of win and spirits. the business
was to be carried on in his (the whom's) name. The
wince and spirits were to be of the first quality, the
proposal was acceded to, and in r. 'few days he was
introduced to Mr. George Walker (another defendant)
sad Mr. linen,' as persons who were is the seme in-
. In consequence of the arrangement, the wit-
ness took a warehouse, but nothing was ever put late
it, but a few empty cults. The witness afterwards
took another warehouse In Peter-street. at the request
of Walker and Casey, on the condition that Is was to
he taken off his hands, and that lie was not to be re-
sponsible for the rent. The witness went to Man-
chester some time after, and on his Mara, was de-
sirotts of relinquishing the agency, u it was intended
to sell contraband brandy. He was requested to con-
tinue for some time, sod Casey confessed that the
brandy that bad been lodged in the warehouse had
not paid the duty. The witness tkorght that 81-Carty
carried on business in a very disoederly way, and
warned Casey not so get too el-only connected with
him. Casey afterwards said that be bad obtained some
brandy from lii•Carty as a severity for advances be
lice I mule, and that be had lodged it in the Peter-street
we-shone.
James Bell.—Was a Port Surveyor of the Excise at
Liverpool; lie, in company with a Custom-house OS.
rer, went to Steel.street, and examined a three-arched
bririceellar ; sail after some alterations which they
suggested wore made, some brandies were permitted
to be bonded there. Upon the door of the cellar
three locks wore put, the Officers of the Excise, Cas-
tome, and the owner, each keeping a key, On she
Ifith of August. 1817, Robertson (a defendant, d•
matted an evidence,) a eoo?er, io the employ of
M.Carty, went to the Customs to know if it were pos-
sible to have the brandy pat into a detached part of
the cellar, so as to admit of some rum being bonded
in the same vault. For the purpose of examining the
utter the Custom-house and Excise Officers visited it
or. the 18th of August, 1817. and when there they
gauged the brnsily to see if every thing was eu .
The lint bung they started they found all as it inuuld
be ; but the second cash they opened was found to
contain nothing but water; and on examining the nine
. casks deposited there, they discovered that the brandy
had been extracted from seven of them, end that water
had been substituted in its place. With a lighted can-
die every brick of the arched vault was examined, and
after a long search, they found, in the centre of the
lergest arch. a brick, which upon bring thrust up-
limos with • mirk, was found to rise into some vi-
vant space. One of the officers went into the ware
house above. and on removing a dag atone, be saw a
hrwit wiiii en iron cramp inserted into it, sod 'entree
Gnus dropping into the vault below by tiro wedges. and
ow pulling it up, a small aperture appeared, large
sough to admits tube through it. It was supposed


THE

. .
that a pipe had passed through this opoolug sod bad
been Inserted into the casks. so as to draw the briefly
off; bat how an admission was got to the cellar conid
not be discovered. Oe the following day soother
search was made bet with aobetter success. On the
21st of August the search was renewed, whets some-
thing was observed in the appearance of the bricks on
the floor of the large arch, which excited los-
picion, and so *akin them up. they wore roped to
he cemented together, and also hnund to each other by
iron wires passing through them, and placed on an
iron plate of about a yard square, which was Iced iota
a wooden frame. On removing the whole of this
work ; it was found to have rested on a perfect ma-
chine of about four feet bigb, seek into an exca-
vation. sad so constricted as, by the use of a wind-
lass. to raise op the square table of bricks which
rested upon it, high enough to admit a man. Still it meld
not be seen how any person could get into this eavity,
as it appeared to be divided from an adjoining cellar
by a Woo' wall, bat ask was evident there moat be a
passage to it, it was determined that the next vault
which belonged to M'Carty. should be most minutely
examined; and oa removing a flag stone in it, the
earth underneath appeared as tf it bad been recently
thrown up, and of being cleared away, a eight of
steps was seen which led under the wall to the machine.
The wall had the appearance of having lately been ro
paired, and was supported by oak. Thus a subterra-
neans access was clearly traced into the bonded vault,
and by means of it the water to the casks could rea-
dily be accounted for.
Cross-examined.—Merchants are allowed to bond
their spirits for two years and if they are not then
exported, or the duties paid, they must be rebooded ;
but at all events, before they are delivered they must
be gauged, aid the contents of the casks known. Mr.
M•Carty's premises were exandoed.bat no brandy was
found that was irregular. Mr. Yeater had entered
into a bond for the payment of the duties, but he
now hesitated in paying them, finding he should hare
nothing in return.
Mr. Richard V. Yeates, recollected the defendant's
purchasing some brandy. and he received an advance
upon it, from the witness to the amount of 3171. which
was to be repaid by the sale of the brandy. He en-
tered into a bond (or the payment of the duties, and
took six of the casks away, the remaining nine were
bonded in the defendant's vault, by the witness's con-
sent, on his giving a bill for 1081. to cover the ad-
vances that had been made for him. The penalty
of the bond, in which the two other gentlemen join-
ed, was 3,6871.. which was double the amount of the
duties.
Joseph Heaton, an export surveyor of the Port of
Liverpool, examined the bonded cellar on the 18th of
Aegost, and observed the bongs of the casks consider.
ably target than they were at the time of importa-
tion. This led to the investigation. The whole of
the nine casks were seised.
&tweed Metcalfe, port pager at Liverpool, proved
that the casks contained brandy when they were put
into the cellar, and also that the due of hour bad
been altered. -
John Woodreffe was outs of the Import of
the giviee. be posted that nine casks of b ,
deposited in the vault in May, 1817. Ha sae
ed In discovering the fraud.
John Handley Bruce said he wee brought up to
the trade of a whitesmith, and had invented some
carious locks. He was once sent for by Mr. Casey,
who caked him if he could invent a peice of machin-
ery that would roll in an out of a wall without being
perceived; be said be thought it was impossible. A
tneeting of himself, Mr. Casey, Mr. Walker and
Mr. M'Carty was afterwards appointed at Mr.
Weeny'. house, and from thence they went into
the cellar, and, on being shown the vaults, he was
asked if he could not make a piece of machinery to
go under the floor mud lift up a part of it, eo that
a man might get oat like a rabbit : he said he
thought that could be accomplished. Ile devised
this machinery, which was afterward. completed,
and erected under his superintendence. White the
machine was erecting, M•Carty and Michael Laing (a
tof 11P.Carty's, who was included is the indict-
ment, but who did not make his appearance) were en-
gaged in convoying the brandy from th..caske he small
barrels, holding ten or twenty gallons each. While
they were at work, M'Carty said, " I believe I shall
make 500/. by ay work to-night."
Was. Vaughan, a carter, was employed to remove
some casks from Peter street (this was after the dis-
covery by the Recipe officers in Seel-street), and as he
was proceeding down a bye-lane with another carter,
who had two more casks, a hoop bursted, and they
found that that which they had been told was bot-
tled porter was brandy ; the officers getting informa-
tion of the road they bad taken. followed and seised
the liquor.
John Robertson, a cooper, was e pl yed to make a
number, of small casks of from lo to 20 gallons,
and after they were filled with brandy, ha cased them
io American dour barrels, which were ce eee ye d away
in a cart to Peter-street. He assisted is filling the
casks la this vault, and Mr. M'Carty asked if he
thought the Excise would perceive any alteration.
This was the last witness called for the prosecution.
Mr. WiLuams, for the defendant, took several
objections to the indictment, but they were all over-
ruled. . _ .

Mr. WitAdass—" Gentlemen of she Jury, 1 decline
addressing you in this ease,"
Tbe•Lord Chief Jvsrtcs—" Oentlemen of the Jury,
if you wish me to go over the evidence, I will do it
with ?lesser', but in my opinion the case is so clearly
made nut, that it does nut require me to occupy your
time by 'Oa going over it."
The Jury at once found the defendant Guilty,
Thomas Rostledge was indicted for forging a bill
of exehange-for the su u of SOl. with the intent to de-
-1 fraud William Griffiths.

Mr. Griffiths being sworn, stated that he lived at
Liverpool and knew the prisoner well. On the 13th
or 13th September the prisoner made an appliektion
to him to borrow money, and brought a bill of ex-
change for M. which he described u being drawn
by a Mr. William Williams, of Shrewsbury, and sc-
arred by a Mr. John Evans, a respectable manafrie
Toter at Birmingham, and made payable at Sir Jame,
Erdalle's, banker of London. The prosecutor hula.
04,1prerimis dealings witti him, did not hesitate
give him 251. all the cash he had in the house. The
was krpt till nearly the time when it became due,

_

when it was pail away to • London trademark. sod
in dee time was presented for payment. when it was
Idiehonoemd. Oa its being returned to tie *tweeter,
the prieesm was app-lend of the eireemetance, and h.
said that be would provide fur It in a few days t be
also added that he thought the persona wboee names
were to the bill, were Rot people of properly, bat that
be would see every shilling paid him.
Cross-examined by Mr. Williams.—He bad bad
viair irsaaseilose with the primmer, &ad bad takes
bills front him, which were dishompored, hut they had
always bees paid is goods or money. Routledge let
him have goods a• account of the bill, god 'deceit had
beim returned he had haul goods to the amount of 1601.
He never anspected that the prisoner contemplated a
freed, by passing the bill to bias. If the prisoner
had wished to ►are the ►iil given up, be would ►ave
done it.
S I police °Seen and ether persons were ex
amineil. who proved t!tatt no persons of she nams
of Williams or Evans lived is Birmingham or Shrews-
bury, who were connected with the bill its qoestion.
Mr. Maros WOOD. summing tip the evidence: acid
it was eme&tial to the completion of the crime of for-
gery, that there should be an intenilos to commit ■
fraud, sad le this case be could net discover that there
was such as intention.—Ver Acquittal.