James Kerrison

135

C H on 10th March 2024

Old Bailey Online JOHN KERRISON. Deception; fraud. 12th June 1848. Text type Trial account Defendants JOHN KERRISON Offences Deception > Fraud Session Date 12th June 1848 Reference Number t18480612-1579 Verdicts Guilty Punishments Transportation 1579. JOHN KERRISON , unlawfully obtaining money by false pretences. MR. BALLANTINE conducted the Prosecution. MERCY WHITE . I live in Union-street, Larkhall-lane, Clapham, and ama servant out of place. I had an action going on against William Watts—Iknow the prisoner—on 26th Oct. he took me to the Falcon Tavern, Fetter-lane, and said he was clerk to Mr. Govett, who was at the Judges' chambers, who had sent him to me to get 5l.—Mr. Govett was my attorney—Ipaid the prisoner the five sovereigns—he gave me this receipt—if he hadnot told me he was Mr. Govett's clerk I should not have paid him—he cameafterwards to my house, on 2nd Sept., and received 5s. of me—he said Mr. Govett had sent him for it—on 15th Jan., I paid him a sovereign and fourshillings for Mr. Govett—on 17th Jan., he had two sovereigns—they wereall for Mr. Govett. as he said, and on account of the action going on—I havepaid altogether 53l.—I do not know what has become of the action—I amjust where I was. Cross-examined by MR. METCALFE. Q. You employed Mr. Lammin? A. Yes; I first employed Mr. Warren, he died, and Mr. Lammen becamemy attorney—he could not get on as he had not got the papers—I thenwent to Mr. Govett—I have known the prisoner three years last Jan.—Ifirst saw him at the Borough Sessions-house—I thought he was an attorneytill I saw some writings in Mr. Warren's name, and then he said, "I amnot an attorney, I am clerk to Mr. Warren"—I suppose he acted as clerk to Mr. Warren—no one recommended me to Mr. Govett; but the prisoner saidhe was his cleric, asked me to go to him, and took me there—I saw Mr. Parker, Mr. Govett's managing clerk—the prisoner said, "This is Mrs. White"—Ipaid Mr. Parker 5l., in part—I agreed to pay him 14l. for the action—I didnot pay him anymore—the prisoner did not advise me to pay the rest, so; that it might go on—he asked me to let him have 5l. on 26th Oct., and Igave it him—I have been to his house several times—I went there on 28th Aug., the same day that I went to Mr. Govett's, and saw Mr. Parker—Isaw the prisoner's daughter—I have seen an old gentleman—I do not knowa person named Pool—at the meeting at the Falcon, four men were by thefire-place—the prisoner took me to the window, and whispered to me what hewanted—I have not since that changed my attorney—it has never been proposedto me to change—I have not authorised the prisoner to keep thismoney, and pay it over to Mr. Cocksedge—he never told me he had not paidit to Mr. Govett—in the evening of 2nd Nov. my brother called at my house, and said, "I am come respecting this 5l., which Kerrison has received of you—the first 3l. was for Govett, for the use of his name; and I understand this 5l.—was for the clerk and Parker"—I said, "William, of course, you are mybrother, you will see all right"—he said, "Yes"—I did not send him andthe prisoner to the attorney on the other side—they came to me on 10th Nov., and said they had been to the attorney on the other side, and the casewas going on, but they must beg for a week, as no agreement was madeabout paying this money to Cocksedge—the prisoner asked me to lend him asovereign—nothing was said about this money that Kerrison held, being paidto any other person—my brother did not say a word about what was to be done with the 5l. that the prisoner was holding—they did not say that the 5l., which Parker received, was to go to Govett for the use of his name andthe other was to be divided between the prisoner and Parker—I did notpropose to go to Govett's to get back the first 5l.—it was not agreed betweenme and my brother and Kerrison, that Mr. Cocksedge should be appointed—not a word was said about paying the money over to him which the prisonerhad had—I have no action against anybody but William Watts, for slander—this case first came before Mr. Cottingham—it came before him four times, Ithink—he discharged it, because there wanted a material witness—Mr. Govettwas there the second time—the prisoner never offered this money to me afterhe received it—he never took it out in his hand, and said, "There is themoney"—of course I did not tell him to keep it. MR. BALLANTINE. Q. Are you and your brother friends now? A. No—I first saw the prisoner at Newington—he was introduced by my brother. Edward Govett. I have seen the prisoner twice—I never authorizedhim to act as my clerk—I did not authorize him, on 26th Oct., to get 5l. from Mrs. White, or on 15th Jan. 1l. 4s., or on 17th Jan. 2l.—I have neverreceived such sums from him. MR. METCALFE called JOHN PARKER . I am clerk to Mr. Govett. The prisoner and Mrs. Whitecame to my office about the middle or latter end of Aug.—an arrangementwas made with me to conduct the case of White and Watts—I received 5l., and gave her a memorandum for Mr. Govett to conduct the case—14l. altogether was to be paid—I think I saw White and the prisoner after that—I will not be sure whether it was before or after—I think I saw them in Jan., at the Judges'Chambers—I do not recollect a snmmons being taken out tochange attorneys from Mr. Govett to Mr. Cocksedge—I think the prisonersaid they were going to charge attorneys from Mr. Laramin to Mr. Cocksedge—I think that was in Jan.—I think White was there—she knew I was Mr. Govett's clerk—when they came to the office I told her Mr. Kerrisonwas not clerk to Mr. Govett—I did not say to whom he wasclerk—that was about the time she paid the money—she called I believe twice—Mr. Govettwas not at home. GEORGE BROOKS . I am a sack-maker, at 2, Mermaid-court, in the Borough. I have been at the prisoner's house a great many times—I wasthere on 26th Oct., with Mr. Pool—the prosecutrix came in—Kerrison said itwas Mrs. White—she wished Mr. Kerrison to go somewhere to pay 5l.—hesaid he could not do it, he was engaged with Mr. Pool and me—she said, "I wish you to go with me to see me pay 5l. to Mr.—Govett"—he said, "I cannot, I am waiting for Mr. Cocksedge to go with these two gentlemen"—anagreement was made that we were all to meet at three o'clock at the Falconin Fetter-lane—Mr. Pool and I were there first, andthen Mr. Kerrison and Mrs. White came in—I stood rather towards the fire-place; Mr. Kerrisonand Mrs. White stood near the window—I think Mrs. White said, "I wishyou to take 5l. and give me a receipt in Mr. Govett's name"—Mr. Kerrisonsaid, "I cannot do it; I am not authorized to do it"—I did not hear himsay he was clerk to Mr. Govett—he said he had nothing to do with Mr. Govett—he did not say he came from the Judges' Chambers, and Mr. Govettsent him for the 5l.—Mr. Kerrison wrote a receipt, and Mrs. White putdown half-a-crown, and said that was for his trouble. Cross-examined by MR. BALLANTINE. Q. What had you to do in thisbusiness? A. Nothing—Mr. Kerrison had business of mine to do—Mr. Cocksedge does the business, and Kerrington, as I understood his name, was hisclerk—I have known the prisoner twelve months, by giving Mr. Cocksedgean estate to recover—I knew the prisoner as his clerk—twelve months agothe prisoner was the same as he is now, an agent, I suppose—he was notclerk to Mr. Cocksedge then—he did not tell me he was so—he has told meso since—we went to the Falcon to fix about the estate; about going downto Kent—I have never been clerk to an attorney, nor agent—I never deliveredpapers to any one, never to Mr. Cocksedge—I have never been bail—I found Mr. Cocksedge out as an attorney—I cannot say how long ago, Idare say twelve months—he introduced me to the prisoner at the time he didmy business—he told me he was his clerk. JOHN POOL . I am a millwright, and live at 2, Merm Ald-court, Borough—I went to the prisoner's house on 26th October, with Mr. Brooks—Mrs. White came in—she asked the prisoner if he could spare time to go to Gray's-inn-lane to an attorney, to pay 5l.—he said he hadnot time, he had got Mr. Brooks' business to attend to—I had business with Mr. Brooks—Mr. Cocksedge was my attorney—the prisoner was his clerk—there was anagreement to meet at three o'clock at the Falcon, Fetter-lane—we did so—I remember the conversation taking place—Mrs. Wnite tendered five sovereignson the table, for Mr. Kerrison to take to Mr. Govett, to deliver eitherto the clerk or Mr. Govett—she wanted him to give her a receipt in Mr. Govett's name—he said, "No, I am no clerk to Mr. Govett's, you bad bettertake the money again"—she said, "No, keep it"—I saw this receipt given—(produced)—the prisoner did not say he was clerk to or was sent by Mr. Govett—he did not say he came from the Judges' Chambers, where he left Mr. Govett—I did not hear him say where he came from—she did not stopthere more than ten minutes. Cross-examined by MR. BALLANTINE. Q. Are you recovering an estate?A. No; I am attending as agent for Mr. Brooks—I am not bailiff to theestate—it is not got yet—I do not know whether I am to be bailiff—I havenot applied for the place—the estate is at Farnborough, in Kent—I havebeen to see it—I did not introduce Mr. Brooks to Mr. Cocksedge—he hadbeen introduced twelve months ago, or more—when Mr. Brooks goes in thecountry to get evidence, I go with him—he occupies the second-floor in myhouse—I occupy four floors—I think he introduced me to Mr. Cocksedge—I have known Mr. Cocksedge some time—I never was a witness—I was bailfor the prisoner. WILLIAM WHITE . I live in Laystall-street, Mount-pleasant, and amthe. prosecutrix's brother—she called on me about the latter end of October, and asked me to go with her to Mr. Kerrison's, as she had paidhim 5l., and she was not satisfied—we went; Mr. Kerrison was not attame—we waited some time, saw his daughter, and it was appointedfor him to call on me at four o'clock on Tuesday; he did not call—I walked out, and met him—we went and drank tea with my sister, and then they began their business—Mr. Kerrison said, "There was 5l. Ireceived of you, which I will return"—she said, "Never mind, I have noobjection to your attending to my business, provided my brother goes withyou to see justice done"—I did not see any money—she asked me if I wouldgo with him—I said, "Certainly, with a great deal of pleasure"—it was togo to Mincing-lane, to Marten and Hollam's—when I called there, I foundnothing was done, and there was some money to pay—I told my sister whatthey said, and went to the prisoner's house a few days afterwards—therewas no one there the first time—the second time my sister was there, Mr. Cocksedge came in; he, my sister, and Mr. Kerrison, agreed to employ him asthe attorney—I am sure my sister agreed to that—we went away—I said, "If they want a pound or two more they can have it, they can't go on withoutmoney"—she told me she had paid Mr. Govett 5l., and he had done nothing, and she would go to him and get it back. Cross-examined. Q. What are you? A. A journeyman tailor—I haveknown Mr. Kerrison four or five years—he was a coffee-shop keeper—hegave that up four or five years ago—I do not know what he has been doingsince—I did not introduce him to my sister—I have known Mr. Cocksedgefive or or months, through the prisoner—my sister and I never had a misword—I did not know she was in Mr. Cockstdge's hands. GEORGE WILLIAM COCKSEDGE . I am an attorney. I know Mrs. White—the prisoner is my clerk—I remember going to his house about 15th Nov., when Mrs. White was there—there had been an action for White and Watts—I knew of it—Mrs. White's brother was there—it was agreed that Ishould proceed with the action—that was perfectly understood, in presence of Mrs. White's brother—he had been to inquire of Marten and Hollam's, and itwas then agreed that 5l., which had been paid to Kernson, should be paid tome. and I was to go on in furtherance of that suit and settle trie businessgenerally—I have only been to Mrs. White's twice—the first time was after Nov.—I looked over her accounts, and took down evidence in writingrelative to the witnesses in this case—the ol. was paid to me afterwards, notthat day—she said she should go to Mr. Govett, and get him to return a previous 5l.—I went on with the suit as far as I could, and with other suits, andher friend has called at my house to look over papers—I have done manylittle things for her—I have issued some writs. Cross-examined. Q. Have you issued writs lately? A. Not since March—I have been struck off the Roll in the Common Pleas, but am still anattorney of the other two Courts. JURY to MERCY WHITE. Q. Did you see the prisoner on 15th Jan.? A. Yes; and paid him 1l. 4s.—he said he came from Mr. Govett's—Mrs. Hodgeswas here then, and she is now here—the prisoner appointed to meet me on 17th Jan. at Mrs. Hodg s' sister's, and she saw me pay the 2l.—I am surethe prisoner said he came from Mr. Govett—he said, "I am sorry to keepyou waiting so long, but Mi. Govett has detained me." GUILTY . Aged 50.— Transported for Seven Years.

135

C H on 10th March 2024

James Kerrison was tried at Old Bailey as James but a spelling mistake changes his name to John Kerrison in all his transport documents.