SURREY SESSIONS, Monday, ...
The Times, 1824-03-02T00:00:00

The defendant was indicted for.f.audulently obtaining from Wil- Harn Seania, a sum of money. - I Mn, (V6Wi;x, said this was a cbgrb e against Thomas' Cox Rack- sttowav for obtaining money under false pretences fromi several per-i sons: the pretence was, tnat. he would instruct persons in an art by whichthey would- gaitt-aoDorldierable sum of money. He repre- sented himself to be the inventar of a machine by which any-person in a month b'or six) weeks woid .nomotropolize' above 2001.- a-year by taking proeles. - i botuet1uernce of advertisements i1i the public pa. per3s hcaelad "Genteeliaitd ?eiiiete enploymentY Hand followed by the dedript0ln of employrnent, with a eqnesat o-f 85.,-or some other sim being required; Dlr. Judge waited on the efendaatif, wh ex- pres5ed greatsatisfadcion and-pleasure in serinz him, and said that he bad an art!of proffle painting eculiar to and invented by him, self;- that be-had more Vusinc6sg i he could atWendto, and ui&h ed to have a pupil, wvhic woud. realize a -ronsiderable profit fro it that be had taken-upwArdsksfl-17,000 profiles, and t-hat his method 'was.so givnple that ifl six weeks any-person could take A pesicil and follow the profession as easl1y'ag he.cbuld., He also- adi, th41t he hbd mlasplications-fromperaons and had never-had mote than onePUXpiIlwhoh,ed tun awary to die Eist. Indies, but instead of onet -it nwpuld be. proved. that-. he had: had several. In conse- quehice of 'these reptexeetatirss-,he tblaiued from Mrs. ,Judge the Auni of-501. for .tbe tvrpdse of 1ser son, aged about 18 years, learning the artt Of-profile..paintmn .--Heilso, usrder:sitnilar circamstances qbtained a31um of mor1eyroii AMr Searnan and he (Mr. Cbwley3 i Wnas prepared to show -that al these repiesentations Wcre utterlI false, part Ciilhtly with rzpect-to the instrufient, wlhieh *as well kdown to Ja'ierbeehlong.in dals-e- * Charles DMasey Judge atted, that in consequence of seeing an adVertiaentent in the bewimpapersi he wrote to Air. Rackstrow by his Mothei!s directionj in the i4nbetb-r6ad, and'receired a letter fromn hin -appokntin ot2eb'elock or- the following Tuec4ay to mretehim. Witnesswaited on-himn; and he-said he had received upwsidr of 90det r.out4f wbich hehadielected s'ix to cWl on hina ot thit1 a terent hours: he said, that three had not-'kept tl)eir ap- pomntznt,- ooseqently%,e- would'triat-withthi withiei ji inprefer- ence toth?others, He asid-lih had dissavereda new art for ta1ink prpflle, quitc different fromn that practised by apy other-person, and h"r3ng also4giee'-hi5 aucution- dfidwer pamtning, he'hs'n-ed' somne -person to..~sisi6himin.4he-profild business.iw.'dto givehis exclu: sive.attentlo0 :to it,-e s-.Hide ipwitndssjwoould, if diligent, be sblete finish. profilea.!isg ,ixweek,s,im bffor very .one-he -wbuld ha.ve 3s. 6d.s-nt would- *be a(e so-eambom four to- tve pound* per wee h.e-He.sal hehbad ttlybobA5 pupil-before.:wiia -had done as m2any aa.56ur sr six poiles:in-sdaW ?ftpupil-had gone to Indi- .TI,ere .profiles 'w&eto .be taken by.-r. instrutaer3t that ho. bodye aquentli andte eseilne ott .of cyerwsa fon4poo1pe.A-t the third interview,- witntfs *aaisth -his brothber ,he 'sai-whe snJold not take outfa.patent ffir hiiIfttru- ts3efl4he@aueheiwgrsiaidofitbeI^nginvade&-' 1s took :place abo4e Ritwahelionth -aeo; 3 Jwav; swIimh:at N6. 18, 'LU beth- rosaI.' ._\V.itne tf;m30herp^'^d'th*.defer3dan401;; at which tinie he : (pro*exansintd by Ir. 1tgE5IG-R.-The first nterzij6* :w& S9q the.t lthl34J&vgu;y irnlia&sZ bt'oid3tc StWigh t1sviMt6-;witi 13t'#er'.*i sk4 ta..Uv?..t.9t ctinto het*eeti the tefenAa* nan dtbe witness wittess is 20 years of age, witness fiever saW the earne-a luidda (the instrument in question) -pplieafor the purpose of taling profiles, before he saw edefendantusemi Aboutamcek-afterwitness entejed into his - e!YICe, he rocdived ,4he i ca,ter4 lucida 4 four or five raonths after- vard.s, rhe ~riived ^,nabinet; .rteeived aIso sorne *black and white ,03'ins"ruhesii,peocils, -tandbath.boards; workedi-aboutfoar-or five lnondifs:*$4er thic . s iamet,vAx cecauted,hand. left bim in June ,orlily; -te agreepient. produced wvas thie one signed by the wit- aess. 'wo -were signed; one for eachparty. His br6ther witnessed it., Reccived bot, three lessons; and-receiYed work at different times on profiles. Bad sone peowies of the defendant to copy when lhe left him; never-returned the originals; had ktpt the canwra Its- ide,. the cabinet, and other materials, Had not taken more tbain 10 cojilesof proAbes while with thedefendant. This case ias heard at Union.bail, and4i,isn7isked by Sir, Allen. -Re-examnin ed....Worked for four or five months, but did not re- ce!ve ai)ynmoney_. ?ever took a portrait from life; never saW vaty cnral pnrerat taken by the defendant himself The cabinet and up.were ttot worth-more than'five guineas. ifr. Josepb Spenar Judge, of No. 29, Albeinarle-street, an attor- ief, and brother to the -ast !witness, stated that he had three inter- -vie ws w.nth the defcnda4 who said he had invented this instrument many.), carsago, ana occasionglly used it among his friends,for taking portraits, and had sometimes used it for drawing landscapes; butt it haa notbeen necessaryforhim to ttseit,because lie had been asurgeon on board a man of war; after that he went into business in theCom- mercial-rond; and that he had taken upwards of 17,000 profiles : he added, thatthe secretof the art and of tne instrument was entirelvcon- finedtolliin, ard to thatpupil who wasgoine toIndia. He said thatwit- ness's brother would shortly be able to take 5six profiles- per day at 3s. 6d. eachr. That in- the autumn, *hile the fashionable world was not in London, he -wotud go tolBrighton, and other watering Places, so as to be fully employed all the year. The 4(1. he did not want as a premium, but as a reimbbursement for the cabinet and instrm3tent. The agreernent was read, dated on the 8th of February, 1823. It covenanted to teach CharlegMassev Judge tie art ofp.-ohle painting, as exercised by Mr;Rackstrow,and toprovide hih with instrunment, cabinet, &c. in eonsid,1riion of the sum of 40L All proflles, for which the delendant rece=ed-lOt., Chatels Mfassey Judge was to re- ceive3s. 6d., andso on in proportion. Willam beamaii, of No. 5, DowfiOg.street, stated,- that in .consequence of an advertisement in one of the papers, he was in- duced to wait on the defendant, who explained to him that the profession mentioned in the advertisemeent was that of profile ?ainting, . by.a method peculiar to himself, nd entirely of his own invention, by which witness might realize from 41. to 51. per-week, and that he could learn thc art by tbis nsw ivsention in aboutsix or eight week.s; he refused o l3et witness petceive the instr-ument hnail 50].. was pait down, and the representatitons he made appeared so lausible that witness gave orl' situation of 601. per annum, as clerk to the Grand Secretary at the Freemnasons'-hall, paid the 01., and wehit into his sjetvicc. I-c then gave witnsess tbe instrument, xhich, as soon .s he perceived it, he krev to have been Dr. Wolaston's invention for perspective, Ond was long in use, called thecatneca laczida. Witness continued vith him for about nine months, and for ;lis onwey he had only oncof these instruments, a-cabinet, and only tur lessonts:hc-hFdcopied a!ewoutlite proes, ibutha 'wcrtaken a original, nor did he evcrsee the defendarit take one from life. The efendant said the secret of that instrument was only confined to him-eif and a young m an wvho harl been his pupil, but who frad gone to Ind3ia. Charles Coote, Samuel Potter, John Jlames Fricker, John Barker, an11d -l iller, were called, vwho had all been the defendant's pu- tils (as theyexpressed its to their sorrow, and hadbeen taught only Ly the cetncra hiscida, after havinggiven various sums of money. , matheniatical_instrument maker proved that Dr. fVollaston was the inventor of the instrument produced, called the camera Inci4t, which was applied for perspective. lt was worth 31. 3s. A cabinet- maker stated that the cabinets produced -were worth Sls. each. -Mr. TrESIGElt, for the defendant, contended that alrhough he wouldadamit tbat iMr. Rackstrow bad not fulfilled his agreement witli the partihs, 'et their remedv was not l-y a criminal prosecution, but by a civil action. Instead of the oefendant being an ignorant man, he was in reality a man of very superior talent, and had made Dr. *'Iollaston's instrument, which had been applicable formerly only to perspective, useful in profile painting. This, he contended, was an invention and an imaprovementin the art, for the instrument generally used_viz., the pentograph-elongates every thing, and consequently was math)ematically incorrect. TIhcjulry found the defendant Grilty. The OUgAItS~A.X (R. Iedger, Esq..) observed, tiat there was no doubt the prisoner had practised this speCies of fraud to a considera- blel extent ; and in order to put a stop to it, the sentence of the C,ourt was, that he be transported for seyerk years. SLtPRE SESSIONS. Monzdat. Mlarch 1. - 'T.' VT~Tr V_ MACKS'TRMlr.