Charles Gardner

135

C H on 6th March 2024

Old Bailey Online JAMES M'LEAN. CHARLES GARDNER. Deception; fraud. 10th May 1847 Text type Trial account Defendants JAMES M'LEAN, CHARLES GARDNER Offences Deception > Fraud Session Date 10th May 1847 Reference Number t18470510-1272 Verdicts Guilty, Guilty Punishments Transportation 1272. JAMES M'LEAN and CHARLES GARDNER was indicated for unlawfully obtaining money by false pretences. MR. BALLANTINE conducted the Prosecution. ISAAC SAMUEL ROSENBAUM . I am a leather-seller and slipper-manufacturer, and live at No. 8, Old Gravel-lane. On Sunday morning, the 25th of April, nine Germans arrived from Germany, on their way to New York—they came to lodge at my house—there were a great many Germans them✗—I spoke to Mr. Ireland, and I saw the two prisoners in his parlour✗ and they made an agreement with nine German emigrants to take them on✗ to New York—M'Lean said he was the agent, and Gardner was the captain of the barque Recovery—Gardner said he was the captain, and he would auls✗ 5l. a head from the emigrants to take them to New York—Gardner made the agreement, and M'Lean wrote the agreement, and told them the usual practice✗ was to play 1l. down, when they got on board to pay the remaindy✗—I saw all those nine persons pay Garden 1l. deposit—they were julirs✗ Mendel, Emanuel Moritz, Joseph Rothschild, Isaack Guelder, Fanny roths✗ child, Ferdinand Haas, Sarah Klemberg, Joseph Keller, and Sarah Moritsnot one of them could speak English—I explained to them, before they parted with the money, the situation of the prisoners, that Gardner was the captain of the ship Recovery, and that M'Lean was the agent—they told me so, and I told the emigrants so—I saw the money paid—it was some French✗ money, and some Dutch money—M'Lean and Gardner asked me the worth✗ of it, and they took it—I did not ask Gardner that night where he lived—I did another day—I asked him for his card—he said he had not got a printed card—he said he lived at No. 16, King-street, Tower-hill—I said I knew that Mr. Williams, a provision-merchant, lived there—Gardner said✗ it was a mistake—I went to Mr. Williams', and found Gardner did not live✗ there—I went back to Mr. Ireland's, and said, "I suppose this is only a swindle"—the prisoners afterwards came to Mr. Ireland's house—I went to them, and said, "Give these emigrants their money back, I think everything will be settled"—they refused—Gardner said, "I did not touch the money, M'Lean took the money"—I said, "You gave them a receipt, not M'Lean; they have to do with you now, not M'Lean"—M'Lean said, "Did I promise you!"—I said, "Gardner promised to take them to New York"—I am quite sure Gardner was represented as the captain, and M'Lean as the agent—they took these people on board, and showed them a ship, but I was not at home at the time. M'Lean. Q. I thing you know a person named Ireland? A. Yes, he lives within a few doors of me in Old Gravel-lane—he sent for me on the Saturday evening—I found you in house—he said you were a shipping agent, he had known you a length of time, and you were capable of doing justice to the fullest extent—he told me you were an honest man—I called on you the next morning—I do not know what time it was—you went to black. wall with me—I cannot tell how long you stopped there—you stopped till the second steam-boat arrived from Rotterdam, in which these emigrants came—I said there was no occasion for you to wait longer—I went with the Germans, and you came home—I do not recollect your being introduced to, Germans in my house—I sometimes have company—it is very likely you were there—perhaps I might have come to your house in Sidney-street on the Monday—you did not introduce me to Captain Gardner in your parlour—I did not see him before I saw him in Mr. Ireland's house—I was not introduced to Caption Gardner in your parlour to make arrangements at so much a-head for those emigrants—I did not arrange for them to be taken at 5l. head, and for me to receive 6s. a-head for introducing them—you said, "You shall have 6s. a-head," and I did not answer it—I cannot tell whether you were going to do this for nothing—I did not employ you to get a ship for these emigrants—Mr. Ireland said you were a shipping agent, you could recommend a ship for those emigrants—I did not make arrangements to receive 6s. a-head. COURT. Q. Were you to have 6s. a-head profit for your trouble? A. No, M'Lean said, "I will pay you 6s."—I did not answer him. M'Lean. Q. Did I say I would give you 6s.? A. Yes, promised I should have 6s.—I made no arrangements for the Germans to go down and look at the ship—the emigrants made an agreement with Gardner—I never saw Mr. Gardner in your house—I saw him at Mr. Ireland's, who sent word to me that a shipping agent he knew was in his house—I went there and saw you and Mr. Gardner—I gave Gardner in charge on the Wednesday afterwards—I went to the station to explain the transaction, and said you were partners together. Gardner. Q. Did you not meet me at Mr. M'Lean's house? A. No, I never saw you there—I was not in M'Lean's house till I had seen you. MR. BALLANTINE. Q. Did you get back the 9l.? A. No. GEORGE IRELAND . I keep the Old Duke William public-house. Mr. Rosenubaum told me there were some emigrants arrived, and he wanted to ship them off as there was such a number of them—I had known M'Lean two or three years off and on, acting as a shipping agent—I spoke to him—he said he would do what he could, and on the Thursday night I saw him and Gardner and the emigrants in my parlour—I did not hear anything pass between them—I afterwards went to the barque Recovery because Rosenbaum seemed to signify there was something wrong—I inquired for Captain Gardner—I found there was no such person—M'Lean had brought Gardner to my house—he had a glass or two of porter, and I said to him, "I hope when I come on board your ship I shall have some wine, better then porter"—I said that because he had represented himself as captain of the barque Recovery—he did so in the presence of M'Lean, who had brought him there—I had a box in my charge, but it is in charge of the police now—M'Lean gave it to my son while I was gone on board the Recovery—M'Lean said to my son, in my presence, "There is money in the box, I must have it back." COURT. Q. Is there a vessel called the Recovery? A. Yes, I went on board, and inquired if Captain Charles Gardner was on board—they said they did not know such a man—the vessel is not fitting up for emigrants—Captain Gibson is the captain—she is not going to New York—she is going to the North for coals. M'Lean. Q. You have known me for there years? A. Yes—we had no transaction only as a customer—I said if you would give your attention to get a ship for these people it would pay you well—you did not see your way✗ clear, and I spoke to other. M'Lean. Q. After having done that, did you not come to me on a Saturday evening, and see me in my own parlour, and tell me there were from 60 to 80 passengers come, and 20,000 were coming over, and persuade me to do it, and you would introduce me to Rosenbaum, who was the agent? A. No, he is no agent, only an interpreter—he or anybody had the management—they wanted to get off quickly—you called on me, and I introduced you to Rosenbaum—it was only those persons who had not made their arrangement in Germany that you had to do with—you were in my house on Sunday evening—I do not recollect anybody being with you—I introduced you from your card—I have known you before my bar for two years, acting as a shipping agent—whether you have a license or not I cannot say—I introduced you to Rosenbaum—what arrangements took place I have nothing to do with—I only know I went to the barque Recovery, and found she was set✗ chartered for New York—it was at my instigation you undertook it, and if the thing had gone on properly, it would have been all right—I did it for the sake of the Germans, to get them off, because I knew they had no money is stop here. JULIUS MENDELL (through an interpreter.) I saw the two prisoners—gave a sovereign—I do not remember whether I laid it on the table—the two prisoners were present—I gave it for them, in consequence of what Mr. Roenbaun✗ told me—I expected to be taken to New York—I went down and saw✗ the ship—we walked through the Thames Tunnel to it—it was in some cand✗—I do not know the name of the dock—the two prisoners were with me—they showed me about the ship. M'Lean. Q. Did you go with me on the Tuesday? A. I cannot tell the day—some others went with me—you introduced me to Captain Gardner who was with the carpenter, between decks, making the berths for passengers, as you said—I appointed to meet Captain Gardner, at three o'clock in the afternoon, to make arrangements. ISAAC SAMUEL ROSENBAUM re-examined. I saw every one of the nine✗ persons pay their 1l. each—M'Lean took some, and Gardner took some. EMANUEL MORITZ . I paid 1l. to go out with the Recovery—I paid a 10✗ guilder-piece and some shillings. M'Lean. I acknowledge I saw the whole money paid, and put in the box. NICHOLAS GIBSON . I live in Lower John-street, Commercial-road. I am✗ owner of the Recovery—she is lying in the Surrey-canal—you get to it by going through the Thames-tunnel—M'Lean called on me on the 26th of April—I had never seen him before—he made some offer about chartering the vessel—Gardner was not captain of the vessel, my brother was—I told him I would not allow the ship to go out without my brother being captain—if M'Lean stated that Gardner was captain of that vessel he stated what was wrong—I never heard of Gardner going on board my vessel and showing it, till I was at the police-court—there was nothing at all going on to prepares✗ the vessel for emigrants. M'Lean. Q. From what passed between us, would you not suppose that I should be able to negotiate with you? A. You offered me a very excellent price—I told you if I found the partied respectable I might charter the ship—I received a note from you—this is it—(read—"No. 2, Sidney-street—Sir, according to promise I take the liberty of addressing you on the subject of chartering the barque Recovery;—when I saw you I offered 8s. per ton per month; I have this morning seen your brother, and offered him 10s. per ton; and considering the age of the vessel, there is no doubt you will consider the offer sufficient; the vessel to be chartered for four months certain, at 10s. a ton per month; the chartered pay the port charges, provision, and seamen's wages. Another vessel being offered, your early answer will oblige. Yours, &c." M'Lean. Q. Did I not say if your brother took charge of her, it would be no objection? A. Yes—you would do anything to get the ship—my brother told me you had seen him, and arranged at 10 guineas a month—I told you I would not accept it till I had inquired as to the respectability of the party—you said you were only an agent in the matter—I do not know that you had a right to tell Gardner that you were likely to come to an agreement. MR. BALLANTINE. Q. Ten shillings a ton would have been a famous freightage? A. Yes—I could not let my vessel for one-third of that. M'Lean. Q. Did you not say you were getting 90l. a month in the coal trade? A. Yes—I said I would consider it, and give you an answer in writing—you called on Thursday morning and told me Captain Gardner was in custody. DAVID JOHNSON . I know the prisoner M'Lean—he is a journeyman baker and was in my employ up to Nov. last. M'Lean. It was only for the time I was in your employ that you knew me in that capacity. Witness. No—may acquaintance with you took place last July—you represented that you knew me twenty years ago, but, to the best of my knowledge, I never saw you before. MR. BALLANTINE. Q. Was he a good hand at journeyman baking? A. Yes, a very good one, the best in England, I think. M'Lean Defence. I have endeavoured, as far as lay in my power, to carry out the views and do justice to every person that employed me; I admit these people paid their money; I saw it paid; it was done with the best intention; I made an arrangement with Gardner, to take sixty passengers out—about the 6th of May, I had met Captain Gardner, named to him the subject; he told me of the Recovery; he took me down to look at it, and wished me to wait on the owner; I waited on Mr. Gibson, and you have heard what he has said—with respect to Rosenbaum I was employed by him to do the best I possibly could to dispatch these emigrants, and I was to receive one-half of the profits—with respect to anything else, I leave it entirely in your own hands; I have got my conscience clear, and here I stand innocent of anything wrong—there never was fraud intended by Captain Gardner or me. Gardner's Defence. I called on M'Lean on Saturday evening, the 24th of April; he mentioned having a number of passengers, and I thought it would suit my purpose; I called on a corn merchant in the City, and asked if he would join a charter party to transport these emigrants; he said it was a deviation from his business, but if it would further my views he had no objecttion; I turned my attention to a vessel called the Recovery; I commissioned Mr. M'Lean to call on the owner, and from what he said I was of opinion she could be chartered; on the Monday I was at Mr. Ireland's, Rosenbaum came in, and I named having a vessel about to proceed to New York; Rosenbaum asked, "What will you take these passengers for?" I named 5l.; he said, "What commission will you allow me?" I think I said 4s.; he said he was in the habit of having 6s. from Phillips and Tiplady, if I would give him the same he would give me the preference; I agreed to it, and he seemed anxious✗ that they should see the vessel; I, knowing they wanted to get away, called on a friend, a shipwright, and asked him to walk on board and give me as estimate of what it would come to, to fit it up, in case the charter-party came to a close; they left me about eleven o'clock on Tuesday morning, and agreed to meet me at Mr. Ireland's at three o'clock; I met them, and instead of paying the 5l. it was agreed that 1l. should be paid then, and the remainder when they were on board; it made no difference to me, knowing I had a responsible party to join me in the charter; they paid 9s.; the money was put into the box, and after stopping a short time, Mr. Rosenbaum and his daughter asked me to leave an agreement with them, as they might get more passengers; I did so, and the next morning I made an arrangement to proceed to Mr. Ireland's; I went to his house about one o'clock on the Wednesday; I left a message that I was on business in the corn-market, and should be back at three o'clock; I returned, and saw Mr. M'lean; I left him full power in negotiate anything that might occur; I called at Mr. Ireland's again in the evening; I was taken into custody; I have not had opportunity to get a solicitor; under these circumstances I applied to traverse my trail, and had his Lordship granted my request I should have had not only a solicitor but a Counsel; I have been a master and owner of a ship the last three years; I commanded a ship for Mr. Soames in 1844. M'LEAN— GUILTY . GARDNER— GUILTY . Transported for Seven Years (There was another indictment against the prisoners.