Joseph Marsden

343

Maureen Withey on 17th October 2023

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 17 October 2023), October 1821, trial of NOWELL WILKINSON JOSEPH MARSDEN (t18211024-41). NOWELL WILKINSON, JOSEPH MARSDEN, Theft > theft from a specified place, 24th October 1821. 1314. NOWELL WILKINSON and JOSEPH MARSDEN were again indicted for stealing, on the 7th of October , at St. Leonard, Bromley , 6696 lbs. of nux vomica, value 90 l. the goods of James Marsh , Henry Coombe , and John Young , in a certain boat belonging to them in the Port of London , being a port of entry and discharge . MR. LAW conducted the prosecution. JAMES MARSH . I am in partnership with Henry Coombe and John Young , we are lightermen and agents , our counting house is in Tower-street. On the 4th of October I saw Wilkinson, he said a Mr. Cooper would be with me and give me some particulars to enter thirty bales of nux vomica, containing 750 bags. Mr. Cooper brought me certain warrants, and desired me to enter thirty bales of nux vomica by the first vessel to Amsterdam. We entered them at the Custom-house for the York Merchant vessel, laying in the London Docks; we entered them in the usual way, and gave the cocket, bill, and warrants over to Mr. Cooper. When all was done at the Custom-house I gave Wilkinson charge of my lug-boat and tarpaulings, with directions to take in the nux vomica at Bow-creek, which is by the East India Docks, on the Middlesex side of the River; he was to put them on board the York Merchant, then laying in the London Docks, which are five or six miles from Bow-creek. I do not know what occurred afterwards. Cross-examined by MR. BRODRICK. Q. The warrants and cockets were delivered to Cooper to pay the charges - A. Yes. He represented himself as the owner. I was bondsman for the goods, that they should go to Amsterdam. I considered them in my charge, and expected to receive a lighterage on them; Wilkinson was employed by me, I expected to have to pay him. I had employed him several times before, but not constantly, he introduced Cooper to me as a merchant. Cooper entered into a bond as the exporter. It was put on board my boat from the East India Company's warehouse, Bow-creek, and therefore under my care - I gave Wilkinson charge of my boat and tarpauling, as my servant - it was cleared at the Custom-house in my name, as lighterman, and my name was on the boat. I gave Cooper in charge of an officer for a fraud, in conspiring to cheat the Government. I never saw it in any boat myself. SAMUEL JENNER . I am superintendant of a floor in the East India Company's warehouses. On the 4th of October, I received an order to pack 750 bags of nux vomica in three different lots, and deliver it out of the warehouse for G. Cooper. I was to make thirty bales of the 750 bags. I proceeded to pack it in thirty bales on the 4th of October, it was done under my inspection. I packed it in coarse baggage, twenty-five bags in each bale, and on the 6th of October Wilkinson brought the warrant to me to deliver them. I delivered them into the hands of G. Smith, the wharfinger, to carry to Wilkinson's boat. Each bag weighed from 14 to 18 lbs. Cross-examined. Q. Was Cooper there - A. I rather think he came to me about them on the 3d, I delivered them on the 6th. I gave the wharfinger the warrants with them, and saw no more of them. MR. MARSH. The duties were not paid on them, they were to be exported free of duty; if they are consumed at home there is a duty of 2 s. 6 d. a pound - the article itself is not worth above 1 d. a pound. GEORGE SMITH . I am employed in the East India Company's warehouse, as wharfinger. On the 6th ofOctober, I received thirty bales of nux vomica from Jenner, and delivered them to Wilkinson, the lighterman, I gave him the same Jenner gave me, and made no alteration in them. THOMAS BROWN . I keep Bromley wharf. On the 7th of October, I saw Wilkinson with two persons named Marsden (the prisoner and another); they had a boat load of bales, which were taken ashore and put in my warehouse, which is in Middlesex; it is in the Lea-cut, on this side of the River Lea - the bales were unpacked by Wilkinson and the two Marsdens, they took the nux vomica out, and introduced any rubbish which they could get at the place, and sent the nux vomica in sacks to London - Sumner carted it, they were about eighteen hours unpacking it; Marsden's brother had taken my warehouse nearly a month before, and never put any thing in but once before - I do not know what became of the packages. Cross-examined. Q. Did you see all this going on - A. I was in bed most of the time - Marsden's brother shewed me some papers; he treated the goods as his property. JAMES NIGHTINGALE . I am servant to Mr. Brown. On the 7th of October, I was at the wharf, and saw the nux vomica shifted from little bags; I do not know who did it - I do not know the prisoners; three persons were shifting it into sacks. JAMES MORGAN . I am a tide-waiter. On the 9th of October, Wilkinson came to the London Docks on board the York Merchant; he said he had thirty bundles of nux vomica for the ship; the Captain told him to bring it alongside, which he did - the whip was lowered down to get up the bags, it is a rope with a hook - the mate told Wilkinson to hook the bundles, he said "No, if I do, that will tear the bundles; give me a pair of slings, and I will sling them," which he did, and they were got into the ship - I took an account of them, they were marked C, from No. 4 to 33, and were put down in the main hatchway, and remained there while we were waiting for other goods to take into the hold - I was the officer on board, and booked them as nux vomica, my duty was to watch them - it was impossible they could be meddled with without my knowledge; they were examined in less than an hour after, in consequence of Albert's coming, they proved to be cinders and coal-ashes, and not nux vomica - I saw them all examined; the cinders were small, so that if a book broke a hole in the bag they would fall out; two or three wrappers were round them, but the book is large. WILLIAM JOHN ALBERT . I am a tide-searcher. I have heard the last witness's account; it is correct. Cross-examined. Q. If they were exported, there would be no duty - A. No; it was entered for exportation, and if smuggled ashore, the party have the advantage of sale without paying the duty. THOMAS BROWN re-examined. I do not know how the bales were marked; there were cinders on my premises - they were not to pay me for them. SAMUEL JENNER . When I delivered the bales, the export mark was C., No. 4 to 33. WILKINSON'S Defence. The warrant belonged to W. Marsden, who was my employer, Marsh, gave me the cocket. and Marsden gave me the warrants and money to pay the charges - I was under his direction altogether. MARSDEN'S Defence. I had the command of a small vessel at Limehouse, in the employ of William Marsden . He was the owner of the goods, and employed Cooper, he went down and assisted Wilkinson to land the goods as his property. THOMAS BROWN re-examined. Lea-cut is private property, and is a canal. My wharf is three-quarters of a mile from the River Thames - Wilkinson had a lug-boat, not a lighter. SAMUEL THACKER , ESQ. I am solicitor for the Customs. I know Lea-cut is within the Port of London, it is an outlet from the Thames to the River Lea. Cross-examined. Q. Do you know the situation of Brown's warehouses - A. No; whether they are on the Lea or the Cut, I do not know. GEORGE COOPER . Mr. William Marsden applied to me to let him have the use of my name, to pass the entry of some nux vomica, as my property - I went to Marsh and Co. to pass the goods; they delivered some papers to me, which I delivered to W. Marsden - I had nothing more to do with them than lending my name, and entering into a bond - Marsden gave me the original warrants to deliver to Marsh. MR. LAW. Q. For what purpose did you understand your name was to be used - A. He did not say why he wished to use my name - The name "Cooper," on the document is not my writing. MR. BRODRICK. Q. Did you understand it to be a smuggling transaction - A. No, The learned Judge in summing up the case, desired the Jury to say whether they considered the goods as the property of Marsh and Co. or William Marsden ; for if they were the property of William Marsden , the question was, whether, as he was present at the transfer from one sack to the other, the prisoners could be considered as committing felony; though they were defrauding Marsh and Co.; who gave security for their being exported. The Jury found WILKINSON - GUILTY . MARSDEN - GUILTY . But that the goods were the property of William Marsden . (This case is reserved for the consideration of the Twelve Judges, on the point stated.) First Middlesex Jury, before Mr. Justice Park. -------------------------------------------------------------------- National Archives, Criminal Petitions. HO 17/62/30 Prisoner name: Nowell Wilkinson and Joseph Marsden. Prisoner age: 46 and 45. Prisoner occupation: Wilkinson: lighterman and waterman. Marsden: mariner. Court and date of trial: Old Bailey Sessions October 1821. Crime: Robbery on a navigable river of a quantity of nux vomica valued at more than 40s. Initial sentence: Death. Considered at Report in Council January 1822. Sentence commuted to transportation for life. Gaoler's report: Statement of Wilkinson's good conduct by Wontner, Keeper of Newgate and Cotton Ordinary of Newgate. Annotated (Outcome): January 1825 Nil. Petitioner(s): Two petitions from Joseph Marsden. Three petitions from Wilkinson, one endorsed with 20 signatories. Joint petition from prisoners. Anthony Brown. William Harper. 16 merchants and bankers of the City of London. Grounds for clemency (Petition Details): Good character; case reported to 12 judges regarding validity of verdict; supported families through hard work; deeply contrite and sorrowful. Other papers: Certificate as to character of Wilkinson by William Bury and Joseph Carter. Affidavits: John Turnley of Tower Street London Licensed Legal Quay lighterman; John Little of John and Samuel Little Licensed legal Quay lightermen; John Morris of Mile End Old Town Licensed legal Quay Lighterman; Robert Smith of Brewers Chesters and Galley Quays wharfinger and warehouse keeper; William Marsden, prisoner's brother. Note of decision of twelve judges. Date: 1822 Jan - 1827 Jul.

338

Penny-Lyn Beale on 17th July 2021

Burials in the Parish of St David's, Hobart Town in the County of Buckingham Year 1822 No; 609 Name; James Marsden ** When Died; 1822, 29 Sept When buried; 1822, 1 Oct Age; 40 years Ship’s Name; Prince of Orange Quality or profession. Convict. By Whom Ceremony was preformed; R Knopwood Conduct Record;- No; 371 Trial; 5 Dec 1821 - Life Transported for stealing 30 bales mix ..... No; 371. Age; 42 [1780] Trade or calling; Seaman & ship .. Height; 5 ft. 3 1/2 in Eyes; Hazel Hair; Grey

338

Penny-Lyn Beale on 4th July 2021

Conduct Record;- No; 371 Name; Joseph Marsden Ship; Prince of Orange - 1 April 1822 Trial; 5 Dec 1821 - Life Transported for; Stealing 30 bales mix ....