Michael Michaels

343

Maureen Withey on 12th February 2023

NSW Convict Index. Michael Michaels, per Calcutta 1803, Absolute Pardon, 8 Oct 1810.

343

Maureen Withey on 11th February 2023

Tasmanian Records. https://stors.tas.gov.au/CON22-1-2P006JPG Per Calcutta. Michael Michaels, Convicted at London G.D. 17 Feb 1802, Life. ---------------------------------------------------- Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 11 February 2023), February 1802, trial of MICHAEL MICHAEL (t18020217-89). MICHAEL MICHAEL, Royal Offences > coining offences, 17th February 1802. 262. MICHAEL MICHAEL was indicted for that he, being the person, who, at the General Quarter Sessions of the Peace, holden at Guildford, in the County of Surrey, on Thursday, the 15th of July, in the 40th year of his Majesty's reign, was tried and convicted of being a common utterer, and was adjudged by the Court to be imprisoned for one year, and until he found sureties for two years more, and that he, after being so convicted as a common utterer of false and counterfeit money to wit, on the 14th Day of January last, a piece of false and counterfeit money, made and counterfeited to the likeness and similitude of a seven-shilling-piece, as and for a good seven-shilling-piece, unlawfully did utter to John Lucas , knowing it to be false and counterfeit . Second Count. For the like offence, varying the manner of charging it.(The case was opened by Mr. Knowlys.)(The record of the conviction of Michael Michael, at the Surry Session, read.) CALEB-EDWARD POWEL sworn. - Examined by Mr. Knowlys. Q. What are you? - A. I am clerk to the Solicitor of the Mint, and was at the Sessions, at Surrey, when the prisoner was tried; I have no doubt he is the man. JOHN SHUTER sworn. - Examined by Mr. Knowlys. Q. What are you? - A. I am servant to the keeper of the County Gaol, of Surrey, and know the prisoner; I conveyed him to the Sessions at Guildford to be tried, and brought him back after he was tried, he continued in Gaol twelve months. JOHN LUCAS sworn. - Examined by Mr. Knowlys. Q. Do you live in the Country of Essex? - A. Yes; I am master of a coasting vessel. Q. Tell us all that you know about the prisoner, and the putting off of bad money? - A. On the 14th of January, about five or six o'clock in the evening, James Sexton and I were looking at some watches in a window, in the Minories, when the prisoner came up and asked me, if I wanted to buy a watch, I said, I did not; he said, he had got a very good one to sell, better than either of those in the window; I told him, I did not think so; he said, he was in distress, and had not a farthing to help himself with, and would sell it cheap; says he, look at it, there is no harm: I made answer, what do you ask for it? he said, two guineas and an half; I told him, I had only fourteen shillings? he asked me if I had two seven shilling-pieces; I said, yes; then, says he, I'll take your money; I told him, I would not give it him before I examined the watch; we then went up Hanover-court, in the Minories, I looked at the watch, and consented to give him the two seven-shilling-pieces for it, which I did, and put the watch into my waistcoat-pocket; he then wanted twenty-four shillings for it; I told him, I had not got so much, but that I had two shillings and sixpence in silver, which I would give him; he said, he would take no less, and began to make a bobbery about it, wanting the watch again; I said, you have no occasion to make any words, return me my money, and you may have your watch; one of the seven-shilling-pieces which I had given him was bent, and the other flat; I then gave him the watch again, and he gave me these two counterfeits which I have here, (produces them;) I put them in my left-hand pocket, and he and Sexton immediately left me; I had no suspicion that he had given me bad money, but when I got out of the court, I looked at them by a light in a window, and afterwards founded them on the stones; Sexton and he were gone on, and when I observed they were both flat, I went after him, and called out, James Sexton , have you seen any thing of that man? he said, yes, here he is; says I, he has given me two bad seven-shilling-pieces, upon which the prisoner run off immediately; I pursued him, I suppose, for a quarter of a mile; when I came up with him, he asked me if I wanted his life; I said, no, I wanted my good money; he said, he did not know any thing about it; I said, I'll be upon my oath you offered to sell me the watch; he denied it, and said, I know nothing about it, I have not got a watch; then another man came up, and touched him on the elbow, upon which he resigned him a small purse, or bag, and something like a watch; I saw the chain, which was the same, I had had in my hand; Sexton said to me, hold him fast, that is the man who has got the watch, the man immediately set off, and Sexton after him, but came back without him; as I lost sight of him, the prisoner was given in charge of a constable, and searched; there was found on him, two guineas, four half-guineas, and four seven-shilling-pieces; before they searched him, I said, depend upon it, you will find a bent seven-shilling-piece in his pocket, which they did, and it is bent exactly like mine. Cross-examined by Mr. Knapp. Q. Did you try your seven-shilling-pieces on the stones in the course of the day before this happened? - A. Yes, when I went to find my ship agent, at the Bull-head in St. Catherine's, where I took them. Q. Do you mean to swear that? - A. Yes. Q. Did you know the prisoner before that? - A. No. Q. How near was this to Tower-hill? - A. Two hundred yards or more, I cannot say exactly. Q. How do you get your livelihood? - A. In the sea-faring line, which I have been in sixteen or seventeen years, and am master of a vessel, now called the Speedwell, which failed last Saturday week without me, on account of this business. Q. You have seen a bent seven-shilling-piece before in your life? - A. Yes. Q. There was no particular marks on that you gave him? - A. No, only bent. Q. The watch would have been a good purchase for two good seven-shilling-pieces? - A. I did not want it, only he told me he was in distress. Q. When you were going after the prisoner the first time, you had not discovered they were bad - you wanted him again in order to purchase the watch? - A. After he was gone off, Sexton agreed to lend me more money, and went after him, but he knew nothing how I was let in with the money, nor had I discovered it was bad. Q. Was there any chain to the watch? - A. Yes, a copper one. Q. It was not a string, you are sure? - A. No. Q. Or a piece of leather? - A. No, it was not. Q. You had not above five minutes to look at the watch in? - A. No; but I know it was a chain for I saw it in the man's hand. Q. Had you the chain in your hand? - A. Yes. Q. How long? - A. Five minutes, I suppose, but Sexton had it in his hand afterwards. Q. Did you show the money to any body in the public-house? - A. Yes, to as many as liked to see it, but it was never out of my sight, and I shewed it to Mr. Norman, at the Bull, and the ship agent, they both said they were bad. Q. Did all the people who saw them, say they were bad, or did some say they were bad, and some say they were good? - A. Yes, all of them said they were bad. Q. Had you been drinking that day? - A. No. Q. Was the prisoner drunk or sober? - A. He was sober enough, he appeared to be so. Court. Q Are you sure that is the man? - A. Yes, I am.(The two seven-shilling-pieces produced, which were proved to be bad by Mr. Nichal, one of the moniers of the Mint.) JAMES SEXTON sworn. - Examined by Mr. Knowlys. Q. You are a sailor? - A. Yes Q. Were you with Lucas when this adventure took place respecting the money? - A. I was. Q. Tell us how it happened? - A. Lucas and I stopped, as he has stated, and up came Michael Michael astern of us; the prisoner is the man; he said, he could sell a better watch than any there, and cheaper; but, says he, come a little lower down, for I dare not be seen selling a watch opposite a watchmaker's-shop; we went into a court, and shewed Lucas the watch, he said Lucas should have it for fourteen shillings; then, says Lucas, I cannot be cheated of above thirteen and sixpence, let it be as it will; another man was walking in our stern while Lucas and I were bargaining for the watch; Lucas pulled his purse out, and took out two seven shilling-pieces, and the prisoner kept looking into the purse to see what he had; Lucas took the two seven-shilling-pieces out, one of which was bent, and gave them to the Jew, and put the watch into his waistcoat-pocket; the Jew turned round to look at the two seven-shilling-pieces, and then turned about to Captain Lucas, and said, I made the agreement with you for twenty-four shillings; Lucas said, my friend, if you repent your bargain, return me my two seven shilling-pieces again, and you shall have your watch; which he did, and took the watch; the Jew then left us, and went down the Minories; Captain Lucas was desirous of purchasing the watch in about ten minutes after, and we went after the Jew, having no suspicion that he had cheated him; I was first, and overtook him at the top of the Minories, I tapped him on the shoulder, and said, my friend, I am come to purchase the watch you offered for sale in the court; he said, I never saw you before in my life; I looked at him very hard, and said, I'll lay you a guinea that you are the person that offered the watch in the court, for twenty-four shillings; I am sure he is the man; Lucas being a long way aftern, having his great coat on, I left the Jew, and met Lucas, who said, that refeal has done me of my two seven-shilling-pieces; upon which the prisoner turned round, and ran as hard as he could; I pursued him, and brought him up just athwart the Bull-Inn, Whitechapel; a man came and touched him on the elbow, and took something out of his hand like a purse. Q. Had you observed that man before? - A. It was the man that had been walking under out stern in the court; I said, Lucas, you stop the Jew, and I think I can catch the other; I ran after him, but lost him; when I came back, I found the prisoner at the Bull-Inn, where he was searched, but I cannot say what was found upon him. Cross-examined by Mr. Knapp. Q. You never saw him before? - A. Not to my knowledge. Q. Had you and Lucas been drinking grog together? - A. Not a drop. Q. Did the prisoner seem to be drunk or sober? - A. He seemed to be rather intoxicated. Q. Whatever it was that was given away, were you the first person that saw it? - A. I was the nearest. Q. If any body could have seen what it was, could you if the light would have permitted you? - A. Yes; but it was done in an instant. DANIEL KEMP sworn. - I am one of the City constables; Hanover-court, in the Minories, is in the City of London: I was sent for on the 14th of January, and took the prisoner into custody, Lucas charged him with giving him two bad seven-shilling-pieces; I don't exactly know how much gold there was found on him, because I gave it him back again; to the best of my knowledge there were four seven-shilling-pieces, and amongst them a crooked one. Cross-examined by Mr. Knapp. Q. Did you find any watch on him? - A. No. Mr. Knapp. My Lord, this is an indictment for an offence under the 15th George II, which says, That if any person whatsoever shall, after the said 29th day of September, offer, or tender in payment, any false or counterfeit money, knowing the same to be false and counterfeit, to any person or persons, and shall, either within the same day, or within the space of ten days then next, utter, or tender in payment, any more, or other false or counterfeit money, knowing the same to be false or counterfiet, to the same person or persons, or shall, at the time of uttering or tendering, have about him or her, or in his or her custody, one or more piece or pieces of counterfeit money beside what was so uttered, or tendered, then such person, so uttering and tendering the same, shall be deemed and taken to be a common utterer of false money, and being convicted thereof, shall suffer a year's imprisonment, and shall find sureties for his or her good behaviour for two years more, to be computed from the end of the said year; and if any person, having been once so convicted as a common utterer of false money, shall afterwards again utter, or tender in payment, any false or counterfeit money, to any person or persons, knowing the same to be false or counterfeit, then such person, being thereof convicted, shall, for such offence, be, an is hereby adjudged to be, guilty of felony without benefit of clergy. My Lord, I apprehend, that this indictment does not sufficiently state that the prisoner has been found guilty, in the Court below, of that offence, which, in the terms of the Act of Parliament, are necessary to make him a common utterer; and for want of that statement, though he is represented to have received the punishment of a common utterer, I contend, that the indictment is not sufficient. In the Court below, there is no occasion to state more than they have, namely, that he did utter, and that he had about him other bad money, but that does not meet this objection, which is, that having been so convicted as a common utterer, (that is by inference), it should have stated he was found guilty of being a common utterer, and had the punishment of a common utterer; the original indictment, or the judgment proceeding on it, have neither stated that he was a common utterer; and, I submit, I have a right to argue, because it is stated as part of the record, that if it did not appear, the Court acted on the offence, and adjudged him to the punishment; it wanting that averment, it is bad; it appears to me, the averment should be found on the face of this record, that the Jury found him guilty of being a common utterer, the charge being that he was a common utterer. That is the form of the objection; and, I confess, I have very considerable doubts whether it ought not to be stated. Court. I wish you would advert to the first clause, which says, And whereas the uttering of false money knowing it to be false, is a crime frequently committed all over the kingdom, and the offenders therein are not deterred, by reason of it being only a misdemeanor, and the punishment very often but small, though there be great reason to believe, that the common utterers of such false money are either themselves the coiners, or in confederacy with the coiners thereof; for preventing whereof, be it hereby further enacted by the authority aforesaid, That if any person whatsoever, shall, after the 29th day of September, utter, or tender in payment, any false or counterfeit money, knowing the same to be false or counterfeit, to any person or persons, and shall be thereof convicted, such person, so offending, shall suffer six months imprisonment, and find sureties for his or her good behaviour for six months more, to be computed from the end of the said first six months; and if the same person shall afterwards be convicted a second time of the like offence of uttering, or tendering in payment, any false or counterfeit money, knowing the same to be so, such person shall, for such second offence, suffer two years imprisonment, and find sureties for his or her good behaviour for two years more, to be computed from the end of the said first two years; and if the same person shall afterwards offend a third time, in uttering, or tendering in payment, any false or counterfeit money, knowing the same to be so, and shall be convicted of such third offence, he or she shall be, and is hereby adjadged to be, guilty of felony without benefit of clergy. Mr. Knapp. My Lord, In addition to this, I will observe, the words are, that when such facts are proved, the person charged shall be taken to be a common utterer; I submit, that you cannot, in this case, where you are to collect the facts of what passed before another jurisdiction, from the record which brings them before you,(for you cannot get at the parole testimony) unless you can see on the face of the record that he was a common utterer; then I say it is not complied with, and, therefore, this indictment is not good. I don't say it would be necessary to be charged if we were sitting in Surry, but I contend, upon the face of the record sent here, supposed to contain every thing that it should be charged, and that you cannot say, proceeding on these facts, (for nothing is to be intended against a man's life) that he was convicted of being a common utterer, when only from the facts which are stated you can infer he was a common utterer. Your Lordship is called upon to say, that the Court below had deemed that man a common utterer, the consequence of which will be, that if he commits another offence he must answer it with his life. I say it does not appear, except by inference, from any thing the Court below has stated, and for want of that averment in this record, it appears to me, this indictment is bad in that particular; and, from the humanity you have already expressed to-day, I am sure you will not bereave the prisoner of the advantage arising from, or, if your Lordship thinks it is fit, for the opinion of the Judges. I will state the precise objection I take: My Lord, I have been submitting, that I consider it necessary for the Court to see, on the face of this record, that, by the judgment of the Court of Quarter-Sessions, they acted on the conviction that he was a common utterer, and therefore they punished him according to the Act of Parliament. I apprehend it should be, that he was considered and adjudged, by the Court of Sessions, to be a common utterer, and that therefore he be imprisoned one year, and at the end and expiration of that time, to find sureties for two years, to be computed from the end of the said year. In the case of the King and Smith, it was held, that it need not be because it was a conclusion of law; but here it is a conclusion of law and fact; the judgment of the Court acting on a question of law; therefore, I do apprehend there is a great distinction between the case of the King and Smith and this; and trust that my client at the bar will have the benefit of the objection. Court. I do not feel the force of the objection; the very argument is against itself; - you say, it is not necessary, in any other Court, to state that he is a common utterer, because that is a conclusion of law; if it is not necessary, it cannot be necessary in the judgment, because, when you look into the record, it states the fact of this man having been tried for uttering, and that at the time of so uttering, he had one other piece of counterfeit money. You say, here it is necessary to state he is an utterer, and so they should in their judgment; when I look to the judgment, I see it is as upon a common utterer; the record states this, whereupon it was considered by the Court - what was considered? - All these facts, and the conclusion of law is, he is a common utterer; and having considered this, that he should be imprisoned in the common goal of the county aforesaid; then the Court has taken into consideration the offence as proved from the conclusion of law, and they put the punishment on him as a common utterer; it cannot be necessary for the Justices to give reasons why they passed the sentence, they are, by the Act of Parliament, to see whether it is the case of a common utterer, and if once they establish that, it is not necessary to charge a man below with being a common utterer. If, after the Jury have given their verdict, you chose to have the case reserved, I will do it, as I will never stand between the prisoner and any advantage that may possibly be derivedfrom it; sitting here singly, I confess I have not a shadow of a doubt that the indictment is well laid; if you think otherwise, I will respite the judgment. GUILTY Death , aged 26. Judgment respited for the opinion of the Judges. London Jury, before Mr. Common Serjeant.