- Transcript from The Old Bailey:
CLEMENT ROBERT MOWBRAY , feloniously forging and uttering a bill of exchange for the payment of 44l. 10s., with intent to defraud James Thomas Edwards.
MR. ROBINSON conducted the Prosecution.
JAMES THOMAS EDWARDS . I am a wine-merchant, in Harp-lane, Tower-street. In Feb. last, I had a part of my house to let in offices—the prisoner came to look at them—he gave the name of R. H. or R. M. Holmes—he did not put any name up—I did not enter into any agreement with him—he had a paper put up in my office, "All letters addressed to R. M. Holmes and Co., to be left with Mr. Edwards"—we had frequent conversation in the course of his coming to and fro, as regards business, and he said that he was about to open a sherry house; that he had a great deal of property coming to his wife, and that his uncle was connected with Spain, that he should only ship sherries, and he wished me to supply his customers with other articles—that was the agreement we were about to enter into, and he was to receive a commission upon them—on 22nd Feb. he said to me, "I was at Woolwich yesterday, calling on my different customers, and among others Mr. Richards, of the Castle Inn, Woolwich, do you know Mr. Richards?—I said, "Yes"—he said, Richards was a purchaser, and asked me to let him have samples to show to Mr. Richards—I let him have the samples—next day he said that he had sold Mr. Richards a pipe of the port, and a hogshead of the sherry, and wished me to take out the warrants—I did so; these are the warrants (produced)—I endorsed them to Mr. Richards—I at the same time gave him this invoice—(read—This was made out—Mr. W. J. Richards, to J. T, Edwards, dated Feb. 22)—the wine was standing at the Docks in my name, and would not be delivered without these warrants—they are the same as bank-notes—the prisoner told me that Mr. Richards usually paid cash, but he was a little uncertain whether he would, but if not he would give a bill at three months—I told him I had no objection to that, as it was a matter of doubt whether Mr. Richards would pay cash or give a bill, he requested me to give him a blank stamp—I gave him 3s. 6d. stamp—I saw him again the next day, or the day after, and on my asking him if he had seen Mr. Richards, he said he had been to Woolwich, that Mr. Richards was not at home, and he had left the warrants, making an appointment to call the following day to receive the money or take a bill—I saw him again on the 27th or 28th—he then gave me this bill (produced)—I looked at it, and said, "Holmes, this is not Richards' acceptance"—he said, "No; I will explain to you how that is"—he said that Mr. Hallows, upon whom the bill purports to be drawn, kept the Britannia, another house at Woolwich, that Hallows was related to Mr. Richards by marriage, and the reason why it was Hallows' acceptance was
to keep the two accounts distinct, but that Richards bought the wine, it was all one affair—he represented that Mr. Richards was the owner both of the Castle and Britannia, and that Hallows conducted the Britannia for him—he said the wine was for the Britannia—he left the bill with me—I did not take it in payment—I said I must have Mr. Richards' acceptance in lieu of this, and, moreover, I could not take a bill drawn by him upon the parties, that the bill must be drawn direct by me—he said he would get Richards' acceptance—he asked me if he should endorse the bill, and he endorsed it in my presence—I sent the bill to the County Bank—I went down to Woolwich a few days afterwards, inquired about a Mr. Hallows, and found no such person—I saw the prisoner the following day and gave him into custody—I never knew him by the name of Mowbray—be promised to give me another bill instead of this.
WILLIAM JOSEPH RICHARDS . I keep the Castle Inn, Woolwich. I have known the prisoner about thirteen years—he has always gone by the name of Clement Robert Mowbray—in Feb. last, he was indebted to me 7l.—on 26th, be came to me with these two wine warrants, and two samples—I approved of the wine, and purchased the two—the hogshead of sherry was to be a set off for what he owed me, and the pipe of port I paid for, 30l.—7l. was a low figure for the sherry—he said it was worth a good deal more, but he said as he had kept me out of the money so long he he would give me that over—he did not say whose property the wine was—I have no one connected with me of the name of Hallows—my cousin keeps the Britannia—I and my brother placed her there, and to secure ourselves we have it in our name—my cousin's name is Emma Wallis—the prisoner knew I had some connection with that house—nothing was said between me and the prisoner about a person named Hallows—I know nothing about this bill—the prisoner did not give me this invoice—he gave me these two invoices (producing them)—he wrote them in my presence—I know his handwriting—the name of "Holmes and Co." to this bill I should think was his writing, but I should say the body of the bill is not his—I cannot pass any opinion upon the acceptance—I have lived at Woolwich thirty odd years—I know of no person named Hallows there.
WILLIAM STONE ROBINSON . I am a post-letter receiver, at Woolwich, and have been so twenty years—during all that time I never knew such a person as William Hallows, spirit merchant, or any other trade there.
CHARLES HUNT . I am clerk and ledger-keeper at the London and County Bank—no person named William Hallows keeps any account there—I do not know this acceptance.
Prisoner. Q. I believe it is not unusual for persons residing in the country to remit sums of money to meet their acceptances which are made payable in London? A. No, it is not.
MR. ROBINSON. Q. When that is so, you always get advice? A. Yes—I cannot say whether any advice was received of such a bill as this.
JOSEPH GURNET SALTER . The prisoner traded in Savage-gardens, under the names of Thomas State Holmes, and Co.—I have known him not quite three months; I was in his employment that time—I knew no person but himself in the concern; he said his uncle was, who lived at Brighton—the prisoner was at Savage-gardens when I went there.
JOHN HORTON . I have known the prisoner about fourteen years—I
never knew him by any other name than Clement Robert Mowbray. (The bill was here read; it was dated Feb. 26, 1851, drawn by R.M. Holmes and Co., on Mr. W. Hallows, spirit merchant, Woolwich, for 44l. 10s., at three months, and accepted. W. Hallows.)
CHARLES BAILEY (City policeman, 524). I produce the invoice that was found.
Prisoner's Defence. The acceptance was given to me by a Mr. Hallows who was about opening a wine and spirit-business at Woolwich, on account of goods sold by me, and that acceptance I gave to Mr. Edwards; there was no demur on his part at first to taking it, but as soon as he raised an objection to it, I told him I would get him Mr. Richards' acceptance; but instead of giving me the opportunity of doing that, or doing anything, be gave me into custody; I have endeavoured to procure Mr. Hallows, but in consequence of being confined here I have not been able to do so.
GUILTY of Uttering. Aged 31.— Transported for Fifteen Years.
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Australian Convict Ship Project
Abt 1820 - Yes, date unknown
