Thomas Smith

342

Maureen Withey on 5th August 2022

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 05 August 2022), April 1829, trial of THOMAS SMITH (t18290409-103). THOMAS SMITH, Theft > simple larceny, 9th April 1829. 783. THOMAS SMITH was indicted for stealing on the 27th of February . 12 pairs of gloves, value 20s., and 1 pair of half silk hose, value 4s. 6d., the goods of George Wagner and another . MR. PHILLIPS conducted the prosecution. GEORGE WAGNER . I am in partner ship with Mr. William Chapman - we have no other partners. The prisoner was in our employ on the 27th of February; all our young men are allowed to purchase goods at cost price - they are entered in a book by Mr. Macfarlane and Mr. Cuffley; it is their duty to enter the whole of the goods which the young men buy - they are never to be entered by the young men who buy them; those who buy them are suffered to select goods themselves, but it is generally referred to a young man, who is appointed for that purpose, who at that time was Mr. Williams. On the 27th of February, about one or two o'clock, the boxes of all our young men were searched, and the prisoners among the rest; Mr. Cuffley and the constable were present; in the prisoner's box this dozen of French kid gloves were found - they were new, and tied up as they would be for sale; I said to him, "Of course these are entered?" - he said, "Oh, yes, Sir;" I went away, and returned in about a quarter of an hour - the prisoner was then below; he accosted me and said, "Sir, I should like to shew you the entry of these gloves" - this was about twenty or twenty-five minutes after I had seen them in his box; he shewed me this book, and this entry - I observed that it was scarcely dry, and the ink perfectly pale, though it purported to be made on the 25th of February - the heading of this page is the 24th of February, and there were several pages following written on; we have about forty young men in our warehouse. Cross-examined by MR. CLARKSON. Q. What character had you with him? A. He was recommended very highly by a particular friend and customer; I was at the office at the second examination with my solicitor - Mr. Humphries attended as the prisoner's attorney, and Mr. Phillips as his counsel; I understood Mr. Phillips was retained - I did not direct my solicitor to retain him for me, to my knowledge, I am so much engaged in business - I went to Newgate to see Mr. Wontner, whom I knew, and saw the prisoner at that time, but I did not expect to see him; Mr. Scorr, my attorney, was with me - he went as my friend - our object in going was not to see the prisoner; I had received an anonymous letter, which apparently came from Newgate, and went there in consequence - I did not ask to see the prisoner, nor did Mr. Scorr ask, to my knowledge; I had Mr. Cuffley with me as my confidential assistant - the prisoner was brought to me; Mr. Scorr questioned him relative to the letter, but not respecting this charge - no advertisement was inserted in the newspaper by my authority; no offers of favour were made to the prisoner by my authority - there was a wardsman present at the conversation, or some such person; he was not asked if he had heard the prisoner say any thing, in my presence - the prisoner was not questioned on any subject except the letter. MR. GEORGE SCORR . I am an attorney to the prosecutors. I went with Mr. Wagner to Newgate, in cousequence of this letter, which I had received the Saturday night before; we took this letter, and went to consult Mr. Wontner about it - Mr. Wontner sent for the prisoner, and the letter was shown him; Mr. Wontner asked him if he knew any thing of that letter - he said he did not; Mr. Wontner said, "Now, Smith, if you know any thing, will you tell us what it is?" and Mr. Wontner cautioned me to hold out no hopes to the prisoner - the prisoner observed that he was sure Mr. Wagner would prosecute him to the utmost extremity of the law; I said he was wrong, Mr. Wagner did not wish to prosecute him at all; Mr. Wontner said a good deal to him on the subject of the letter, and the prisoner at last said he would think of it - we left the place. Cross-examined by MR. CLARKSON. Q. How long have you been an attorney? A. Ever since 1809; I went to the Police-office to prosecute the prisoner - Mr. Humphries and Mr. Phillips were there. Q. Does Mr. Phillips appear now to prosecute him at the desire of Mr. Wagner? A. No - it was solely by my choice: I consider that the manner I retained him was by no means indecent - After the business was over I said to Mr. Phillips, "If there is nothing indelicate in it I should like to retain you," and he said, "I don't see that there is;" this is the second prosecution I have had, and Mr. Phillips is the only gentleman I have employed - I went to Newgate in consequence of this letter in my hand; it was not particularly to see the prisoner - there were two persons in Newgate, and I did not know which of them it came from; the prisoner denied all knowledge of it, there was no question asked him with reference to the charge. (The letter was here put in and read.) "Wagner and Co., Greek-street, soho. If you will not prosecute, a disclosure will be made, by which you may save from 3 to 500l.; twenty-four hours to think of it, after that too late. Newgate." Cross-examined. Q. Had Mr. Wagner any other person in Newgate at that time? A. Yes - a woman, whose case stands next to this; the prisoner denied all knowledge of the letter: Mr. Wontner asked him some questions - I do not think I asked him two; Mr. Wontner asked the turnkey if he had heard the prisoner say any thing about the letter, and he said No. MR. PHILLIPS. Q. Did the prisoner enter into any defence whatever, at the Police-office? A. No - I would not have given you orders, could I have imagined there was any indelicacy in it; it was after reading the letter, the prisoner said he would turn it in his mind. COURT. Q. Did he not from first to last deny all knowledge of it? A. Yes. JOHN ROBERT CUFFLEY . I am an assistant to Messrs. Wagner and Chapman. I was present when the prisoner's box was searched, and this dozen of gloves were found; I said "Smith, I never entered these gloves;" the prisoner replied "Williams did:" I am certain he told me that - I went down into the shop, and got the day-book, and began to search it; the prisoner came to me, and asked for the book - I said he should not have it; the gloves were not then entered - I am certain that I looked back as far as to about the 9th of February; I am sure I looked at this page, which is headed the 24th; I searched the book back wards and forwards - I had occasion on the morning of the 25th of February, about eleven o'clock, to enter these returned silks in the book; I am quite sure that at that time, this page which has got the 24th at the top of it, was not filled up - the reason I am so certain is, that Mr. Cairns, our silk-mercer, called in to enter these silks, and I said to him,"How many are there?" he said, "A great many;" I said "Then I shall begin another page," but I am certain that the bottom part of this page, 211, was then vacant - this entry of the gloves to Mr. Smith, which appears at the bottom of the page, is the prisoner's own hand-writing; it is against the rule for a young man to enter in the book, goods he himself boys - I do not know an instance in which it has been done; the cost price of these gloves is 20s. - I took them in myself, but the price here entered is 18s. COURT. Q. How were they to find out what was the cost price? A. By referring to us, the cost price being on every article. MR. PHILLIPS. Q. Did the prisoner say when he made that entry? A. Yes; he said he looked them out on the morning of the 24th, and entered them the same evening, but I am quite confident they were not entered on the 25th. MR. CLARKSON. Q. You say there is a rule that a person shall not enter the goods he purchases himself? A. Yes; I will swear there has not been twenty such instances in the last fortnight, nor ten, or one - there has not been such an instance since I have been there, to my knowledge. Q. Have you been to any newspaper-offices on the subject of this charge? A. I did go to one; I did not pay any thing, nor supply any report, or give any information: I went on business for the shop. Q. Did you not go on business relative to the prisoner? A. I went to see whether the information would be in or not; I did not go for the express purpose of having it put in exactly - I went to have it headed in a particular way; I wanted it headed "Robbery by a young man from the Messrs. Wagner and Chapman's," Mr. Wagner gave me no authority, but Mr. Phillips, who draws our advertisements did, and I thought it might give notoriety to the shop. MR. PHILLIPS. Q. Was it done by yourself? A. No, nor by Mr. Wagner's order, to the best of my knowledge -I did not tell him of it. EDWARD WILLIAMS . I am the only person of the name of Williams, in Messrs. Wagner's employ: I did not look out a dozen of kid gloves, on the 24th of February, for the prisoner. Cross-examined. Q. Is there a rule that no person shall enter the goods he has bought himself? A. Yes, and I never knew that rule to be violated. MR. PHILLIPS. Q. Are the young men made acquainted with the rules? A. Yes - they are all entered in the first and second page of this day-book. THOMAS WILSON . I am a constable. I was sent for on the 27th; I saw the prisoner's box searched, and these gloves found in it - these stockings were found afterwards, they do not appear to have been worn. EDWARD WILLIAMS . I believe these gloves to be ours, they correspond with what we have; there is no mark upon them - they are worth 20s. THOMAS SIMMONDS . This entry, in page 211 in this book, I saw on the 27th, soon after the prisoner was taken, and it appeared to me to have been just made; these rules are made known to each of the young men - every one when he comes is told to read them. Cross-examined. Q. Do you know of the prisoner's reading them? A. No; here is a rule - (reads) "Any gentleman purchasing goods must refer them to Mr. Macfarlane, who will enter them according to the costmark." MR. WAGNER re-examined. Q. Is there any entry in this book made by the proper person, of a purchase by the prisoner? A. Yes, by Mr. Macfarlane and Cuffley; MR. Macfarlane is at home - the prisoner has been in our service since June last. MR. CUFFLEY. Here is an entry of goods bought by the prisoner, and entered by me; Williams brought them to me to enter, and here is an entry made by Mr. Macfarlane. MR. WILLIAMS. I remember looking at these articles, and having that entry made by Mr. Cuffley; on the 24th of February I was in the glove department, and I should have looked out any gloves that he wanted. The prisoner put in a written Defence, denying that he was aware of the rule in question, and stating that the pressure of business caused so much confusion in the concern as to cause it to be conducted very irregularly, and the shopmen were constantly in the habit of purchasing goods and paying for them, without the knowledge of others. COURT to MR. WAGNER. Q. How did you know the prisoner's box? A. He gave the key of it to the officer - he was not taken into custody for an hour or an hour and a half after. MR. WILLIAMS re-examined. Q. Did you see the prisoner with the book in his hand after the officer had been there?. A. I saw him with the book; I do not know whether he had a pen in his hand or not; I was not aware the officer was there. GUILTY . Aged 30