The Statesman.
London, England, 1812-12-03 00:00:00

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LAN INTS4LiGENCE.

COURT OF KING'S BENCH, WESTMINSTER, N0v.93.

Tut KING V. GAWLER AND HOWARD.
This was an indictment for a conspiracy to de-
fraud the Government, in fabticating false certifi-
cates of seamen's service, in order to obtain pen-
sions for sailors for a much longer period than they
had actually served. . , .
• Gawler was a clerk in the Ticket Office, Navy
Office. The circumstances of the case wore fully
and satisfactorily proved, and the Jury found them
? Guilty.
THE KING V. HOLLIS AND NUDIIAM.
•
This was an indictment for a similar offence; but
the Jury louud Hollis Guilty, and Acquitted Need-
ham.
'ecorah 2.
tflt KING V. GAWLER AND st.ttnEws—SA.ME‘O• SAME
AND sAntut—SAME V. SAME AND SHEFFIELD—
SAME V. SAME AND FARRELL.

These were four severe:indictments, by which the
Defendant, henry Gawk'', late an extra Clerk in
the Navy Pay Office, was charged with conspiring,
along with the parsons named in each separate in.
dictinent, and a person, an accomplice along with
Gawler, in various acts of fraud, to defraud th'e
Minimby, by procuring,, under false Certificates of
Service, Pensions for persons who had not serve 4
the reriods specified in their Certificates, all of
which were filled up by Gawler, wh me duty it was
to extract from the Navy Books the time each man
had served on board of the different ships in his Ma-
jesty's service, and to enter the same lritlN in the
Certificate.

From the evidence of Ponten, the accomplice;
cho introduced to Gawler the various persons to
whom he had furnished false certificates,- it appeared
that there was no person Mho had once been at sea
—however short his service, however trifling his me-
rits, or even however great his demerits, in that ser-
♦ice might have been, who might not on application
to Mr. Ponten, and on payment of the seemingly
• • regularlt -established charge of 51. 10s. have, through
the medium of Mr. Gaulor, between whom and
Ponten this sum way generally divided (though Pon-
ten sometimes contrived to secure to himself the
better half), a certificate, authorizing him to receive
the highest bounty granted! Ponten, on his cross-

examination, confessed that he had on a former occa-
sion been evidence for the Crown against persons who
had been his accomplices in an attempt to transfer
a manufacture practis.ll in this country, and prohi-
bited from btirg exported, into Germany and Hol-
land. He also admitted, that on the occasion of the
mutiny at the Nore, lie had been a delegate from on
board the Raja: llilliam, then lying at Spithead.
He had since, however, surrendered, in consequence
of his lajost)'s pardon, offering indemnity to all
misguided seamen ; he had afterwards served his Ma-

jesty, and was now an in-door pensioner of Green-
wich Hospital:
Tim material parts of this witness's evidence were
_

f corrob wati.ll in each case, s,) n to 'cave no

doubt of the knowledge both of .`Jr. t;an !or, and of
the persons iu whose favourthe certihca were grant-
ed, of the nature of the,fruuds thereby intended to
be practised.

On reading over the various cehificates,there were
so many palpable and striking a bso i es, as to cause
LOrd Et.t.tseottorbu repeatedly to observe, that the
business of the higher tlepartmmits seemed to have
been conducted without that due degree of caution
which might have been expected. It was hardly pos-
sible to have react the certificates in question, and not,
on the face of them, to have discovered proofs of
their falsity. For instance, in one certificate; LUNAR
months being the mode of calculating time, there was
an entry of t:TGIIE weeks; and, in another, a person
of the age of 25 years, was, after an interval of 2+
years. stated to In' :).6 years of age. It was impossi-
ble, {pis Lordship conceived, fur any person of com-
mon understanding to have read those certificates and
not to have detected their falsity ; and such inatten-
tion on the part of the Officers whose duty it was to
have perused them before they sanctioned them by
their sigoatures, proved not, only an unwarrantable
degree of confidence in the inferior Officers, but a
culpable degree of negligence on the part of the su-
periors, who, not content with waving all check on
the truth of the certificates presented to them, chose
even to adhibit their signatures to documents which
they did not take the trouble to read, and the falsity
of which, if they had read them, they must inevitably
have detected, e.rfacie of the certificates themselves.
The facts of each case, however, being clearly
proved, the Jury, without hesitation, in each found
the Defendants Guilty.

CULL. V. LONO AND MRS. NM.
This was an'action for elk rtcovery of 1501. for
the futtetial of-it Majoi. fscAvater.'
It appeared, that Major Bowater, sometime since,
resided at Ramsgate, but under a feigned name,
where, however, he died, leaving the two D: fend-
ants herein, and a Mr. Powis, his executors and ex-
ecutrie. The Major had for some time separated
from his wife, and while at Ramsgate, Mrs. hill as-
sotn”d thaticharacter. At the Major's death, she
gave directions for the funeral, and it was endea-
voured to be proved that Mr. Long was liable to pay
the expellees jointly with Mrs. IL because he had ap-
proved the arrangements that hid been made for the
funeral.

Mr. PARK, however, contended, that the action
ought to have been brought agaiiiit them as repre-
sentatives of Mr. Bowater, including the name of
Mr. Pow is ; and not against the tw• DAendatits on
the ground of their liability, independently of their
executorship. The fact was, that although 10001.
per year, had been left Mrs. Hill, she had not re-
ceived onefarthing, because hitherto there had been
no
assets.
Lord ELLENBOROUCII toggested the propriety of
interrupting the trial here, on the ground that the
parties wait till there aro assets, a verdict being en-
trred for the Plaintiff, as, Own was great nicety
Shout the alleged liability. is
'I is viu consented to, and a verdict was accord-
ingly entered for the Plaintiff, who is to, wait los as-
e▪ ;s, as are the Attorneys for their costs.

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