quote:
JAMES MELVILL, deception: forgery.
The Proceedings of the Old Bailey Ref: t18231022-93JAMES MELVILL was indicted for feloniously selling a certain piece of wrought gold, called a watch case, with a mark used by the Worshipful Company of Goldsmiths, which mark had been transposed and removed from another gold watch case; he well knowing the same to have been transported and removed, against the statute .
MESSRS. ALLEY and LAW conducted the prosecution.
JOHN BARROW . I am Deputy Warden in the Assay-office, Goldsmith's-hall. Persons who work gold and silver plate, have a stamp with their initials on it; a book is kept at the office, containing an impression of the punch, and the name of the persons using them. I find by the book that the prisoner's punch was the letters J. M.; it is entered in this book by Thomas, who is now dead - I know his writing.
Cross-examined by MR. ADOLPHUS. Q. Do you know anything of the entry, except what you find in the book - A. No.
MR. LAW. Q. Does the hand-writing of Melvill appear against it - A. Yes; the entry is
"new mark, April 3, 1822, James Melvill , 13, Spencer-street, Clerkenwell, Richard Thomas ."
BENJAMIN PRESTON . I have seen the prisoner write, and saw him sign this book.
WILLIAM RICHARDS . I am weigher at the Assay-office, and have been so nearly six years. On the 8th of October, I received from William Smith , the prisoner's boy, three gold watch cases, to be assayed and marked - I delivered the same cases to City, next day; he returned them to me, and I gave them to Smith - he came again on the 14th with more.
Cross-examined by MR. ADOLPHUS. Q. Do you attend the assaying - A. No.
WILLIAM CITY . I am a drawer in the Assay-office. On the 8th of October, I received three watch cases from Richards. I have two of the same cases here; they are for hunting watches - the other was a double case. The top part of the hunting cases we call the cover, and the lower part, the bottom; in double cases, the outside is called a bottom, and the inner one the middle bottom. The stamp on a hunting case is a variable letter, denoting the year, and the figures 18, denoting that the gold is 18 carats pure, which is the standard - the mark impressed on the bottom is a crown, above the figure 18 on the center - a leopard's head on the left, and a variable letter on the right. The stamp on the bottom of a hunter would never be impressed on the middle bottom of a double case - that would be only a crown and 18. We call the flat surface only the bottom, and all the rest wires - we only stamp the bottom. A small bottom being introduced into large wires, would denote that all the case was of the same quality; it would appear as if all had been assayed. When I received these cases, I put the mark on them, and a private mark of my own on the bottoms and wires; then gave them to Richards to deliver.
Q. On the 14th of the same month did you receive any more cases from Richards - A. Yes, two hunting cases, and found they were the same as had been assayed on the 8th, except that new bottoms had been substituted - my private mark was upon all the wires, and in consequence of this the prisoner was apprehended. I searched his shop with two officers, and found a quantity of gold cases partly made, and not marked, and one loose bottom, with the mark on it, it had been cut out of a case, which had been assayed. We never stamp cases without the wires being attached to them. I found the prisoner's day book on his premises - here is an entry of two gold cases having been sent home on the 10th, to Mr. Tyrer; there is no other entry of gold work, having been sent out after the 9th, when these cases left the hall. The weight and prices of the cases are not entered - we went to Tyrer, who lives in Northampton-street, and found Bellows there; he gave me two double bottomed gold cases - upon examination, I found my private mark on the bottoms; they were bottoms of the cases assayed on the 8th - the wires were different, and had never been assayed; the bottoms had been transposed into new wires - the middle bottoms had the letter, and 18, instead of the crown, and my private mark was on them; they had been transposed from the covers of hunters; the new wires contained more metal than the original ones. I produce the hunting cases sent on the 14th, and the cases found at Tyrer's. The prisoner's shop is in his yard - there is a little boarding to separate where the gold is manufactured, from the silver work. Bellows gave me a bill of parcels, which corresponds with the entry in the book. There is a bruise on one of the cases found at Tyrer's.
Cross-examined by MR. BRODRICK. Q. I believe you have been a watch case maker yourself - A. Yes. The bottoms and wires are manufactured separately, and afterwards joined. I believe the wires of large cases are stamped, as well as the bottoms, if they will admit of it, but with a different stamp; the business of a silver case maker, is distinct from gold case makers.
Q. When a bottom or cover is stamped, it can only be extended by a hammer - A. Hammering, or going through a flatting-mill, that would flatten the mark, but not obliterate it; it would spoil the beauty of it The marks are perfect on these cases - I should think they had not been flatted. Cases are often spoiled in finishing after they are marked; they should be sent back to be remarked, we should then keep them a day.
Q. Is it not very common to put on another rim to save that day - A. Never, the case is always sent back.
Q. In consequence of the trouble and expence in making a new cover if the wire is spoiled, might not the workman put a new one without the master's knowledge - A. In a small shop, like the prisoner's, I think not. Whoever superintends must know it, as it requires gold to do it. There is no duty upon watch cases; the mark is to denote the quality.
MR. LAW. Q. If a case is spoiled do the Company charge anything for re-stamping - A. No; the damaged part comes back with it. I only found two boys in the prisoner's shop; no journeyman. If the damaged part was not delivered to the master, he would find a deficiency. The cases produced do not appear to have been flattened - it is not necessary to extend it to put on a larger wire.
COURT. Q. What is the value of a carat of pure gold - A. I believe about 3 s. 6 d. This stamp denotes that there are 24 carats, 18 pure, and 6 alloy; every additional carat of alloy would be 3 s. 6 d. in the manufacturer's pocket. One of the cases sold to Tyrer weighs 1 oz. 12 dwts., and more than half of that is the weight of the wires; they would be about 12 dwts. A carat is the 24th of an oz.
MR. ALLEY, declined entering into the question whether the new wires were adulterated or not, the statute not requiring that proof.
WILLIAM SMITH . I was in the prisoner's employ, and took the cases to the hall to be stamped - he kept no journeyman, while I lived with him, which was four or five months; he had two apprentices, who generally worked upon silver - he and his brother worked on gold; his brother had left him about a week before; I took the cases to the hall the last time - I took three on the 8th, with a memorandum, which I gave Richards, and next day I got them back, and delivered them to my master; and two or three days before the house was searched he sent me with two gold cases to Tyrer's - I had seen them on my master's workbench before. He told me in the kitchen that there were two gold cases on the board, and to go and get them, and take them to Mr. Tyrer's; I took them off his board, and as I was going along one of them jolted out of my pocket, and when I got there I found a brass edge and pillow plate had fallen out. I took a bill with them.
Cross-examined by MR. PHILLIPS. Q. The prisoner superintended the silver business - A. Yes, and his brother the gold. I worked in the shop myself drawing wires; there is a partition between the gold and silver departments. My master always worked on the silver bench; till lately he worked on the gold. I believe his brother was canvassing for a situation; he did not leave the house entirely till my master was taken. I have not seen him since - I cannot say he has fled. My master attended to the gold work for a fortnight or three weeks before he was apprehended - he had vary little to do with it till then.
Q. Was not his brother the person who melted alloy and manufactured gold - A. Yes. His brother came back after looking for the situation, but did no work then. Before that my master principally attended to the silver; he had a great deal of silver work. I have heard high words about his brother making a mistake in the gold work. I have not been to the house since my master was taken.
MR. ALLEY. Q. You have not been to the house since - A. I went next morning; they opened the door a little way. I was not let in.
Q. Did you see the brother at work on the day you took the cases to Tyrer - A. No. I saw the prisoner at work on gold cases that morning, washing them out - they were like the cases I took; I saw no others in the shop. I do not know how the brother was paid, or whether he was a partner.
JOSEPH BELLOWS . I am foreman to J. H. Tyrer, watchmaker, Northampton-street. On Friday evening, the 10th of October, about six or seven o'clock, Smith brought two gold cases and this bill, and about half an hour after, I found a brass edge and pillow plate missing, and found a bruise on one case. I delivered the same cases to City and another gentleman, who came from Goldsmiths'-hall.
Cross-examined by MR. ADOLPHUS. Q. Had you much dealing with the prisoner - A. Not much; we have only known him a few months. He bore the character of an honest respectable man. I have occasionally seen his brother - I saw him the evening the gentlemen called; he called at our house after the prisoner was taken; I have not seen him since. I have had no occasion to look for him. We dealt with the prisoner.
JAMES DUFF . I believe this bill to be in the prisoner's hand-writing.
WILLIAM EDWARDS . I am an officer. On the 14th, I apprehended the prisoner. I went to his house next day, and found his punch mark.
WILLIAM WAINWRIGHT . I took the prisoner into custody, and as I was going to the office with him, I told him he was charged with transposing stamps; his answer was,
"And what offence is that?" that is all he said - he said nothing about his brother.
Cross-examined by MR. ADOLPHUS. Q. You did not say whether it was gold or silver stamps - A. No.
Prisoner's Defence. I have but one remark to make, that is to assure you I had no kind of direction in the gold part of my business, and however painful it is to remove the blame to my brother, I must say he had the whole direction of that department, and for the last eighteen months, I never manufactured a gold case.
ALFRED READ . I am apprentice to Mr. Melvill. The gold and silver work are quite different branches. Mr. James Melvill attended to the silver, and Mr. Frederick to the gold exclusively; there is a division in the shop, between the gold and silver benches - you cannot see in the silver department what is going on in the gold. I have heard him and his brother dispute about mistakes in the gold business. I have not seen Mr. Frederick since my master was taken. I have been to the house. Mr. Frederick made the cases that went to Tyrer.
MR. ALLEY. Q. What was made by the brother - A. The two cases that went to Mr. Tyrer; his brother was not a partner - every thing was done for the prisoner's benefit. I remember receiving from a witness for the prosecutor two cases; they were returned to me.
Q. Were they returned to you as having transposed stamps on them - A. Not to my knowledge; I was not told so. His brother left the house the day he was taken. He had ceased to work for about a week before.
Q. What has become of the two cases given you by the witness - A. I do not know.
MR. BRODRICK. Q. You say the brother left about a week before, where was he - A. Canvassing for a situation - he came home every night, and left the day the prisoner was taken; he managed the gold department till a week before.
COURT. Q. Have you seen the cases sold to Tyrer since Frederick made them - A. No. They were not altered, to my knowledge. I had not seen them since he made them. I have seen the prisoner go into the shop when his brother was working on gold cases; he was paid by the piece. I have not looked for the brother. I lived in the house before my master was taken, but have been with my friends since; trade has been suspended. I was never sent to enquire after the brother.
THOMAS ELSAM . I live in Kingsland-road. On the Thursday or Friday before the prisoner was taken. I called on his brother about a situation he was after, and saw him in the shop at work. I cannot say what work he was about - it was about nine o'clock in the evening.
GUILTY. Aged 31.
Recommended to Mercy . - Transported for Seven Years .
quote:
GEORGE WINTLE, offences against the king : tax offences.
The Proceedings of the Old Bailey Ref: t18130217-39GEORGE WINTLE was indicted, for that he, on the 6th of October, feloniously did forge and counterfeit a certain impression used by the Company of Goldsmiths, in London, in pursuance of a certain Act of Parliment, made and passed in the 4th year of our Lord the King, entitled an Act for granting to his Majesty certain duties on all silver plate, made and wrought in Great Britain, and for the making and stamping of silver plate, to wit, the mark of the King's head, upon divers silver plate, to wit, one silver table-spoon and one silver fork .
And THREE OTHER COUNTS, charging him with the like offence, only varying the manner of charging.
DANIEL LEADBETTER . Q. You are a marshal-man of the City of London - A. I am.
Q. Did you, on Friday, 16th of October, go to the house of the prisoner - A. I did, in Bell Savage-yard, Ludgate-hill. Hawkins had the warrant. It was about two o'clock, or a few minutes after. I went up stairs to the third pair of stairs, to the shop. I passed the accompting-house; the door was shut.
Q. You did not see who was in the accompting-house - A. Not till I came down.
Q. You went up to the manufactory - A. I did, up three pair of stairs. I went directly to a man that was at work at a wheel; he had a spoon in his hand he appeared to be polishing. That man's name I believe to be Dickens. I have not seen that man since, until lately. I took the spoons from him; these are them. I afterwards went to a man at work opposite, at a trough; I took these eight forks and three spoons; one was in the man's hand, and the other two laid close by, opposite of him. There was a man at work with these forks. I took them out of the trough. Other officers took other articles from this manufactory. Cartwright took some articles. I did not see, from where he took them. I saw the prisoner in the accompting-house, and Hawkins and Fogg were both there.
DANIEL CARTWRIGHT . I was in company with the last witness. I went up into the same shop; I found nine spoons. A man was in the act of polishing one, and the other eight were laying by him.
JOHN LACEY HAWKINS . Q. You are a marshal-man of the City of London, and you are a working silversmith - A. I am. I went to the house of the prisoner on this day. I went up stairs into the top shop. I went first into the accompting-house. I found the prisoner there. I left Fogg in the accompting-house, to see that the prisoner touched nothing nor any body else.
Q. In what dress was the prisoner - A. He had his coat on in the usual way. He was in the accompting-house.
Q. Was he in his working dress with his sleeve tucked up - A. I think he had his coat on, I am not positive whether he had or not. I then went up with my fellow-servants, thinking I might assist them, knowing the nature of the business. I saw them take the things as they have just mention. I took one dozen of salt-ladles and one dozen of tea-spoons from the top shop, and another dozen of tea-spoons not polished. There are two dozen of tea-spoons. I took from the top shop, and one dozen of salt-spoons The son was up in the top shop. I immediately returned to the accompting-house.
Q. When you returned to the accompting-house, who was in the accompting-house - A. Fogg and the prisoner. I brought the son down from the top shop to the accompting-house, and we proceeded to search the accompting-house. I took then these spoons from different parts of the accompting-house. There are about eight or ten dozen of tea-spoons, mustard-spoons, and caddy-ladles, and tea-tongs. I found two punches with the initials of the prisoner, in the accompting-house, with an anvil, which is proper to mark this work, and another punch, with somebody else initials; it is so badly done I can hardly tell the letters. There was an anvil, or a test. I found the punch close to the anvill. There was a fork-press that could be used for any purpose.
Q. Was there any thing that could be used for putting the forged stamp upon plate - A. The fork-press could be used for that purpose better than the test, or anvill.
Q. Have you the fork-press here - A. No; it is a fixture; it is a heavy thing, similar to a fly. That tool is a common tool in the trade, but it would be more useful to put the stamp on than the hammer and anvil.
Q. Did you say anything to the prisoner - A. He seemed to be alarmed, and asked what we all wanted. I said, you must know; you know me; I have a warrant; there is an information that you are marking your own work. He then said, if that was all he cared nothing about it. The table-spoons were shewed to him; they were held to him and he was asked if they were his own make. He said, they were. He said, every thing was right as far as he knew.
Mr. Alley. You did not find any die for the forged mark or stamp in any place, by which any impression could be made - A. No, I did not expect I should. I looked a long while very minutely and very diligently. It is a small thing; it might be very easily concealed.
- FOGG. Q. You were with the last witness, we understand - A. I was. I went into the accompting-house; I there found the prisoner; he was sitting at his desk without his coat, with his sleeves tucked up, quite in a working state.
Q. What was before him - A. This ladle I hold in my hand was laying before him, and one spoon. Hawkins merely locked in, and left me with him; he did not stop.
Q. Did anything pass between you and Wintle - A. I do not know that I spoke one word to him.
THOMAS DICKENS . I am a silver polisher.
Q. Have you been for some time past in the employ of the prisoner - A. Yes, on and off about three years.
Q. Were you working at the time the officers came to make search - A. I was. I was going to get the lathe to brush the plain table-spoons. I had three in my hand when they came in.
Q. Where were the other nine - A. The other officer found them. They were in the wheel-box, near me.
Q. Now, these spoons, had you seen them before in the course of that week - A. I had seen them the day before. I had them given out to me to smooth fine, to make ready for the hall.
Q. Did you smooth-fine them on the Thursday - A. Yes; I took them up stairs, and after I had smooth-fined them I took them down, and delivered them to James Wintle , to take to the hall.
Q. How long had you them out - A. I had them out before eight o'clock; and I took them down a little before nine in the morning. I suppose it was about ten minutes as near as I can guess. I delivered them back to James Wintle . He assisted his father in the business. He used often to give work out; and take it in, and pay us sometimes.
Q. Did Mr. Wintle conduct his business, or leave it to others - A. He used to be there almost always; he was there that week.
Q. Before you delivered them back to James Wintle , did you put a mark upon them - A. I did.
Q. I believe it is customary for each workman to put a mark upon them that he might know them, to finish them - A. It is. I put a X upon them. Them nine have my mark, and them three have my mark.
Q. And next morning, Friday morning, when you came to work, where did you find them - A. I found them in my box a little after seven in the morning, and I was at work upon them when the officers came.
Q. Now, at the time these spoons were delivered to you to smooth-fine, on Thursday, did James Wintle deliver out any other work to the other workmen - A. Yes, he delivered out eight forks to James Cook ; and to Green, one dozen salt-ladles; to Nicholson, twelve tea-spoons.
Q. Were these smooth-fined by these several persons to whom they were delivered - A. Yes, and they went down at the time I did, and delivered them to James Wintle .
Q. Then they were all of them in a state in which they should go to the hall to be stamped - A. Yes.
Q. And at that time there was no stamp upon them, such as now appears - A. Oh, no, sir.
Q. The next morning, when you found the twelve table-spoons ready for you to go on with, were they stamped - A. Yes.
Q. You know the hall stamp, do not you, when you examine it - A. Yes.
Q. Now, the day after that, did you leave your home the day after Mr. Wintle was apprehended - A. Yes, on the Saturday night I did.
Q. By whose desire - A. By James Wintle 's desire.
COURT. That is the son, is it not - A. Yes.
Mr. Gurney. His father being in custody, you left your home on the Saturday night, and you staid out of the way - A. Yes, until I was found.
Q. Before you went out of the way had you seen Mr. France, the clerk of the stamps - A. Yes.
Q. Did you know that you should be wanted as a witness - A. Yes.
BENJAMIN PRESTON . Q. I believe you are the weigher at Goldsmiths hall - A. Yes.
Q. Is it your duty to receive the plate which comes from the manufacturer to be stamped - A. Yes; I enter such plate in the books at the time I receive them, and the name of the manufacturer.
Q. You have two books, the one in which you enter large work, and another that you enter small work - A. Yes. I only keep one in the small work.
COURT. When plate is brought to you, if it is to be stamped with the hall stamp, do you always make an entry in that book - A. When it is sent to be stamped then we make the entry. We do not take it in if it comes without a ticket.
Mr. Gurney. He makes the entry before it is marked, it passes to another man to be marked; is that so - A. It is.
Q. Now, look at your book of the smaller work - A. This is the book for small articles only, not a book for the table-spoons. October 15, there is no work from the house of George Wintle ; no, none, on the 15th. There was no small work sent on the 15th, nor any on the 16th.
COURT. Preston, does small work include silver forks - A. No, nor table-spoons.
GEORGE MILES . Q. I believe you are the marker of silver plate at Goldsmiths hall - A. I am.
Q. When plate is sent by the manufacturer to the hall who receives it - A. Mr. Barrow, at that time, received it. It is delivered over by Barrow to Preston, or to Mr. Labor, who has large work, who weighs and enters it; it is then handed into another office, where I draw an assay of it.
Q. That is, you draw a small piece from each article to make an assay - A. The assay is made, and if found right it is marked by me.
Q. I believe all plate that comes from the manufacturer must have the initials of that manufacturer - A. It must, sir. We receive from every manufacturer the impression of his own stamp.
Q. Produce the impression you have of the prisoner's stamp - A. Yes, this is it.
Q. Now, sir, have you examined the punches which the officer found in the prisoner's house - A. I have; two of them correspond with the mark I have.
Q. The genuine stamp of the hall is, first the lion, then the leopard's head, the variable letter, which is changed every year, and then the King's head, that is the duty mark. You receive the duty at Goldsmiths hall, and pay it over to the commissioners of the stamps - A. We do.
Q. Look at that stamp upon these nine tablespoons - A. I have examined them all before.
Q. On each piece of plate the officers found at his house, do you find the prisoner's own stamp - A. I do.
Q. Do you find anything upon them to represent the hall stamp; the four ones that we have mentioned; that is, the lion, the leopard's head, the variable letter, and the King's head - A. I find the same.
Q. Is that stamp you find representing the hall mark, genuine or forged - A. It is forged on these nine table-spoons.
Q. Look at the three other table-spoons, is there the prisoner's initial mark upon them - A. There is, and they all apparently have the hall stamps. They appear to be the same forged stamp.
Q. Look at these two gravy spoons - A. The two gravy-spoons are a forgery, and the third I believe to be a forgery. There is on them a mark to represent the hall mark. They are every one of them forged.
Q. Now, the forks are the prisoner's initials upon them - A. There are, and they all have the hall stamps upon them apparently. They appear to be the same forged stamp.
Q. Now, look at these salt-spoons - A. These I am confident, are forgery. They have the whole of them the prisoner's mark as the manufacturer.
Q. Look at these dozen of spoons that are unpolished - A. These are genuine; the twelve teaspoons that are not polished, they are genuine.
Q. Look at these tea-spoons - A. The whole of there are forgeries, containing the prisoner's mark, and the salt-ladles, the whole of these are forgeries, containing the prisoner's mark.
Q. Now, look at these found in the accompting-house, one tea-spoon and a number of salt spoons - A. The whole of these are forgeries. Every thing there is marked by the manufacturer the prisoner.
Q. Now, can you recollect the circumstance of the prisoner being taken up on the 16th of October - A. Yes.
Q. I believe you were spoken to before he was taken up - A. I was.
Q. Are you able to say that none of the goods came from the prisoner either on the day he was taken up or the day before - A. I am.
Q. You have the hall impression and stamp in your pocket - A. I have.
Q. Give me the impression. You are the marker with the genuine stamp - A. I am, and I am confident that no one of these have been impressed with the genuine stamp. When the prisoner was committed I took an impression of the stamp; the whole four is made by one blow.
COURT. Miles, did you see a fly in the prisoner's possession - A. I did.
Q. Would the fly have enabled the forged die to have given the impression on silver plate - A. It would, and without a great deal of noise. The fly is a thing used by the trade.
LEWIS PINGO . Q. Are you the chief engraver of his Majesty's mark the Kings head, denoting the duty - A. I am.
Q. Have the goodness to look at that stamp, the die; is that your impression - A. Yes, it is the King's head. I only engrave that.
Q. Look at this plate, and see whether the King's head is a genuine stamp or a forged one - A. It is forged. I have seen the plate before. They are all forged marks.
Q. You are the die sinker of the King's Head - A. I am.
Q. In that die, or any other die, will not the constant use and application make an alteration in the die - A. The parts will appear more blunt; they will not appear so sharp and striking.
Q. to Miles. You told me the letter varied every year - A. Yes.
Q. What is the letter for the present year - A. The letter R. Our year commences on the 30th of May.
Q. Then that was the proper letter in October last - A. It was.
Q. And that stamp only had been used from the 30th of May - A. No. It appears quite perfect now.
Q. And this is the impression you have made after the prisoner was taken - A. Yes.
COURT. Upon looking at that stamp, is it done so as to impose on people - A. Yes, any person almost, except they are very much used to it.
MR. SMITH. Q. Are you engraver to the Goldsmith's company - A. I am.
Q. Did you engrave the lion, the leopard's head, and the letter, upon that stamp - A. I did.
Q. Are the impression of the lion, the leopard's head, and the letter, upon that plate made from your die - A. No, they are forged.
MR. LABOR. Q. You make the entries of all the large work you receive - A. Yes.
Q. Look in your book, and see whether you received any large of Wintle after the 8th of October - A. No, there is none.
Q. to Mr. Miles. Is this all wrought plate of English manufacture - A. It is.
Prisoner's Defence. I do most solemnly declare I am in no ways guilty of what I am charged with For the last three years and a half I mostly resided in the country; my business has been left to my son and my servants. I do declare, if any forgery has been committed, it has been done without my knowledge.
NOT GUILTY .
London jury, before Mr. justice Bailey.
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