Henry Cleasby

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C H on 15th February 2024

Old Bailey Online HENRY CLEASBY. Deception; fraud. 5th January 1832. Text type Trial account Defendants HENRY CLEASBY Offences Deception > Fraud Session Date 5th January 1832 Reference Number t18320105-169 Verdicts Guilty Punishments Transportation 462. HENRY CLEASBY was indicted for a misdemeanor . MR. PHILLIPS conducted the prosecution. SAMUEL JOHNSTON . My place of business is in Addle-street ; I am a woollen-factor . On the 8th of June the prisoner called and told me that old Mr. Kohlbeck, the tailor, of Castle-street, Leicester-square, was in want of a cloth and kerseymere, and upon that representation I gave the prisoner a cloth and kerseymere to take there -I did not know Mr. Kohlbeck's person, but knew him to he a tailor and a highly respectable tradesman; I saw the prisoner a few days afterwards, and spoke to him about the goods - he said they were gone to the clothworkers, and the lengths were not settled; I saw him frequently, and at last pressed him to bring me the particulars of the measure of the cloth - he brought them, making a deduction for short measure and damages; which he said the cloth-worker had deducted, and I gave him a settled invoice, amounting to 24l. 17s. 6d., and a bill for Mr. Kohlbeck to accept for that amount; he returned me the bill, and said old Mr. Kohlbeck had accepted it - I am certain he said that; I believe he never named him without calling him "Old Mr. Kohlbeck;" I paid it away - it has never been paid - this is the bill which I drew, and which he brought me back accepted (looking at it.) Cross-examined by Mr. STURGEON. Q. You have been here before on this case? A. No - I prosecuted one Sykes last Session, for talking out my goods, and unlawfully pawning them: he was not convicted - I did not ask for my expences; I took the prisoner to Worship-street, and he was dismissed - I never trusted him with goods after that; I lent him 2s. at Worship-street, on the 5th of November, out of humanity - I have no recollection of being in the same public-house with him; he did not drink with me - I know Pope, a tailor: I did not go to Pope with him since this - I sent a cloth there by a porter; I believe I have never been in his company since - he appointed to meet a person at the Woolpack, in Hart-street, and I took him there; I cannot say whether I drank out of the same pot as him there, but should think not, as I gave him in charge - I told the Magistrate at Worship-street, that I occasionally employed him on jobs as a porter; (looking at some letters) these are my hand-writing; I never pawned any goods in the prisoner's company, nor has he pawned any by my direction - I have goods in pawn, which were pawned by him without my consent. Q. Was not this an accommodation bill? A. No, I gave value for it - I got the acceptance probably five or six weeks after parting with the goods; I was promised a bill for them - I visited the prisoner in the Compter, as I was repeatedly sent for, and it was called an act of crnelty that I did not go; he said, "It is no use keeping me here, you will get nothing out of me;" I did not ask him for money. COURT. Q. Was the bill drawn for the amount of the goods, and no more? A. Exactly - I drew it on Mr. Kohlbeck; I only knew the prisoner as a porter, and would not have trusted him - I never divided profits with him. GEORGE KOHLBECK . I am a tailor, and live in Castle-street, Leicester-square - I have lived there ever since 1772, with a innster, and since 1792 on my own account; I am eighty years old. I never sent the prisoner to Johnston for any goods, and never accepted a bill drawn by Johnston for cloth - I did not know Johnston till this trancaction; the acceptance to this bill is not my writing - it was presented for payment; I did not pay it - I did not know Cleasby. Cross-examined. Q. I believe your son robbes with you? A. He has resided with me, but he is not always there; his Christian name is Charles Henry - I do not think the signature to the bill is like the hand he commonly writes; I do not think he honours a bill if he gives one - he is about thirty years old; I never paid a bill accepted by him to my knowledge. JOHN WILKINSON . I produce the bill; it was paid to me by Johnston, the drawer. The bill being read, was dated the 6th of August; at three months after date, on Mr. E. Kohlbeck, Castle-street, Leicester-square, but the acceptance was, "G. Kohlbeck." JOSEPH HORTON . I am an officer. I apprehended the prisoner at the Woolpack, charged with forging this bill; he seemed very much affected, and said he had been made a dupe of by a man named Sykes - he has been in custody ever since; he traversed this indictment last Session. MR. STURGEON addressed the Court on the behalf of the defendant, and called WILLIAM SCHOFIELD SYKES . I was tried here last Session, for stealing two pieces of cloth from Mr. Johnson - his Lordship stopped the case, and Mr. Phillips, I believe, threw up his brief; I have instructed my attorney to bring an action against Johnston, respecting that indictment, but he advised me to stop till this prosecution was over - that was three weeks ago; no writ has been taken out, as I had not got the money; Johnston stated to me that he had received a bill from Cleasby, drawn on Koblbeck, and it was not paid - this was at the corner of Bunhill-row. Q. At any other time did you hear any thing? A. I saw the prisoner and Johnston at the Bird Cage, where the bill was drawn; I was reading the paper at the time, and heard them talking about a bill on Mr. Kohlbeck - it was not mentioned whether it was young or old Kohlbeck; I did not hear it. COURT. Q. Then you do not know whether he described it as drawn by old or young Mr. Kohlbeck? A. No, I do not. MR. STURGEON. Q. Did Johnston use any expression about the bill? A. So many expressions have taken place between Johnston, me, and Cleasby, that I really cannot recollect; our business was altogether - Johnston has said,"I don't want this person to know this - and the other to know that;" he employed me and Cleasby to sell his goods in different parts of the town for cash, as there were so many bills coming due; and he took care never to have any body present but us. COURT. Q. Did you ever know him deliver goods to Cleasby, to bring him the money for them? A. I have known him deliver him goods to sell where he could, for cash or bills; he has sold to different people at Shadwell, and I have seen them divide the profits - I know the goods in question were at Read's, the cloth-worker, in Dudley-court, Silver-street; Cleasby told me they were pawned there - I never knew him employed as a porter; if he was going to the west-end of the town he has brought a cloth for Johnston, and I have done so for him; these letters are addressed to me - Cleasby got orders for goods, and sometimes Johnston let him have them on sale or return - he used to deal with me in the same way; I have seen them divide the profits. MR. PHILLIPS. Q. Where did they divide the profits? A. At the Bird Cage, Wood-street; I had a good opinion of Cleasby. Q. If he has said you made a dupe of him, should he be believed? A. Certainly not; if he said so it is a deliberate falsehood - I always acted honestly to him and the prosecutor; I know Johnston so well, he is capable of any thing. MR. WILKINSON. Johnston has not paid me the bill, but he has given me security for it. The following are the letters which were read. September 18, 1831. MR. SYKES, - Now pray do your best to-morrow; I am sure you would if you knew how much depends on it - if we can but retrieve the mischief Cleasby has done this time, another chance of living will be left - return as soon as you can, for I am all anxiety; see that Cleasby is provided with the amount of the cut he bought yesterday, as also the black so long standing; you know it is not only the Basinghall-street concern, but another bill will return to Leeds on Tuesday, unless you provide part of the money - get in all unsold goods, whether in your hands or Cleasby's, and let us have a fair start again. The Petershams he wants are ready - I shall be in the City in time to send them out. S. JOHNSON. To W. Sykes, Esq. September 21. SIR, - I found myself so unwell this morning I did not go out, and had I gone it would have been eastward and not after you - I complain, as usual, that you act as if you considered it my whole duty and business was to attend on you; you must think I am anxious to know what is going on, and had you stopped five minutes, or gone five yards out of your way, I should not have thought it a great compliment; I got only 7l. from Jack, and was obliged to borrow at three places - I shall be at your house at nine o'clock, as usual. Did Cleasby bring in the cash, as you said he would, for that old black and the cut? if Gasden is to be paid, why not now, while it is so much wanted, and lays by him idle; I hope Thompson's goods are returned as well as Jones' and others, who have them to give an answer - quarter-day is at hand, and the things at Chelsea will be lost. Pray do not start in the morning again and leave me in ignorance - when you are obliged to do so, write. Another letter was read, in which the prosecutor complained that the defendant was always avoiding him, and giving directions respecting goods. GUILTY . Aged 25. - Transported for Seven Years .

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VDL Founders and Survivors Convicts 1802-1853, Convict Description Record ID fas_cod35830 Arrival year 1833 Gender m Height feet and inches 5.10.0 Eyes Blue Hair Brown Marks none