§ London, January Session 1812.
§ THE KING against BENJAMIN WALSH.
§ Copy of Record of the Conviction of Benjamin Walsh, for Felony.
§ London. Be it remembered. That at the general quarter session of the peace of our lord the king, holden for the city of London, at the Guildhall within the said city, on Tuesday the 14th day of January in the 52nd year of the reign of our sovereign lord George the 3rd, &c.; before Claudius Stephen Hunter, esq. mayor of the city of London, sir Watkin Lewes, kt. Harvey Christian Combe, esq. sir James Shaw, bart. Thomas Smith, esq. aldermen of the said city, John Silvester, esq. recorder of the said city, Samuel Goodbehere, esq. one other of the aldermen of the said city, and others their fellows, justices of our said lord the king assigned to keep the peace of our said lord the king within the said city; and also to bear and determine divers felonies trespasses and other misdeeds committed within the said city; by the oath of Benjamin Wood, Frederick de Lisle, James Lawson, Edward Dampier, Isaac Vale, William Titford, Richard Good, Samuel King, John Barlow, Walter Rochfort, John Capron, James Burrows, John Simpson, John Berger, John Wilson, Christopher Atkow, Francis Wyman, James Hunter, Samuel Tidswell, William Buttery, George Morewood, Alexander Morison and Richard Lewis, good and lawful men of the said city now here sworn and charged to enquire for our said lord the king for the body of the same city, it is presented in 935 manner and form following; that is to say; London (to wit) the Jurors for our lord the king upon their oath present, That Benjamin Walsh late of London stockbroker, on the 5th day of December in the 52nd year of the reign of our sovereign lord George, &c. at the parish of St. Dunstan in the West in the ward of Farringdon without, in London aforesaid, with force and arms feloniously did steal take and carry away 22 bank notes each of the said bank notes being made for the payment of the sum of 1,000l. and being of the value of 1,000l. of lawful money of Great Britain, and one other bank note made for the payment of the sum of 200l. and being of the value of 200l. of like lawful money there then found (the said several bank notes and each of them then and there, to wit, at the time of committing the felony aforesaid, being the property of sir Thomas Plumer, knt. and the money payable and secured by the said bank notes respectively then and there being due and unsatisfied to the said sir Thomas Plumer the proprietor thereof) against the form of the statute in such case made and provided, and against the peace of our said lord the king his crown and dignity: and the jurors aforesaid, upon their oath aforesaid, do further present, That the said Benjamin Walsh afterwards, to wit, on the 5th day of December in the 52nd year of the reign aforesaid, with force and arms at London aforesaid, in the parish and ward aforesaid, feloniously did steal take and carry away a certain bill of exchange made for the payment of the sum of 22,200l. of lawful money of Great Britain, and being of the value of 22,200l. of like lawful money there then found (the said bill of exchange then and there, to wit, at the time of committing the felony last aforesaid, being the property of the said sir T. Plumer, and the said sum of money for the payment whereof the said bill of exchange was made then and there being due thereon to the said sir T. Plumer the proprietor thereof) against the form of the statute in such case made and provided, and against the peace of our said lord the king his crown and dignity: and the jurors aforesaid upon their oath aforesaid do further present, That the said Benjamin Walsh afterwards, to wit, on the 5th day of December in the 52nd year of the reign aforesaid, with force and arms at London aforesaid, in the parish and ward aforesaid, feloniously did steal take and 936 carry away a certain other bill of exchange made for the payment of the sum of. 22,200l. of lawful money of Great Britain, and being of the value of 22,200l. of like lawful money there then found (the said last-mentioned bill of exchange then and there, to wit, at the time of committing the felony last aforesaid, being the property of the said sir T. Plumer, and the said sum of money for the payment whereof the said last-mentioned bill of exchange was made then and there being due thereon) against the form of the statute in such case made and provided, and against the peace of our said lord the king his crown and dignity: and the jurors aforesaid upon their oath aforesaid do further present, That the said Benjamin Walsh afterwards, to wit, on the 5th day of December in the 52nd year of the reign aforesaid, with force and arms at London aforesaid, in the parish and ward aforesaid, feloniously did steal take and carry away a certain Warrant made for the payment of money, to wit, of the sum of 22,200l. of lawful money of Great Britain, and being of the value of 22,200l. of like lawful money there then found (the said warrant then and there, to wit; at the time of committing the felony last aforesaid, being the property of the said sir T. Plumer, and the said sum of money for the payment whereof the said warrant was made then and there being due thereon to the said sir Thomas Plumer the proprietor thereof) against the form of the statute in such case made and provided, and against the peace of our said lord the king his crown and dignity: and the jurors aforesaid, upon their oath aforesaid do further present, That the said Benjamin Walsh afterwards, to wit, on the 5th day of December in the 52nd year of the reign aforesaid, with force and arms at London aforesaid, in the parish and ward aforesaid, feloniously did steal take and carry away a certain other Warrant made for the payment of money, to wit, of the sum of 22,200l. of lawful money of Great Britain, and being of the value of 22,200l. of like lawful money there then found (the said last mentioned warrant then and there, to wit, at the time of committing the felony last aforesaid being the property of the said sir T. Plumer, and the said sum of money for the payment whereof the said last mentioned warrant was made then and there being due thereon) against the form of the statute in such case made and provided, and against 937 the peace of our said lord the king his crown and dignity: and the jurors aforesaid upon their oath aforesaid do further present, That the said Benjamin Walsh afterwards, to wit, on the 5th day of December in the 52nd year of the reign aforesaid, with force and arms at London aforesaid, in the parish and ward aforesaid, feloniously did steal take and carry away a certain other Warrant made for the payment of money, to wit, of the sum of 22,200l. of lawful money of Great Britain, and being of the value of 22,200l. of like lawful money there then found (the said last mentioned warrant then and there, to wit, at the time of committing the felony last aforesaid being the property of the said sir T. Plumer, and the said sum of money secured by the said last mentioned warrant then and there being unsatisfied to the said sir T. Plumer the proprietor thereof) against the form of the statute in such case made and provided, and against the peace of our said lord the king his crown and dignity: and the jurors aforesaid upon their oath aforesaid do further present, That the said Benjamin Walsh afterwards, to wit, on the 5th day of December in the 52nd year of the reign aforesaid, with force and arms at London aforesaid in the parish and ward aforesaid, feloniously did steal take and carry away a certain other Warrant made for the payment of money, to wit, of the sum of 22,200l. of lawful money of Great Britain, and being of the value of 22,200l. of like lawful money, there then found (the said last-mentioned warrant then and there, to wit, at the time of committing the felony last aforesaid, being the property of the said sir T. Plumer, and the said sum of money secured by the said last-mentioned warrant then and there being unsatisfied) against the form of the statute in such case made and provided, and against the peace of our said lord the king his crown and dignity: Wherefore the sheriffs of the said city of London are commanded that they do not omit by reason of any liberty within the said city, but that they take the said Benjamin Walsh to answer the premises; which said indictment the said justices above named, afterwards, to wit, at the general session of the delivery of the gaol of our lord the king, of Newgate holden for the city of London at Justice-hall in the Old Bailey, within the parish of Saint Sepulchre, in the ward of Farringdon without, in London aforesaid, on Wednesday the 938 15th day of January, in the 52nd year of the reign of our sovereign lord George the third, &c. before Claudius Stephen Hunter, esq. mayor of the, city, of London; sir Archibald Macdonald, knight, chief baron of our said lord the king of his court of Exchequer; sir Simon Le Blanc, knight, one of the justices of our said lord the king, assigned to hold pleas before the king himself; sir Alan Chambre, knight, one of the justices of our said lord the king of his court of Common Pleas; sir Watkin Lewes, knight, Harvey Christian Combe, esq., sir James, Shaw, bart., sir Wm. Leighton, knight, aldermen of the said city; John Silvester, esq. recorder of the said city; Wm. Domville, esq., Matthew Wood, esq., Samuel Goodbehere, esq., other of the. aldermen of the said city; Newman Knowlys, esq. and others their fellows justices of our said lord the king assigned to deliver the said gaol of Newgate of the prisoners therein, being by their proper hands, do deliver here in court of record in form of law to be determined; And thereupon at the same general session of the delivery of the gaol of our lord the king, of Newgate aforesaid, holden for the said city of London at Justice-hall aforesaid, on the said Wednesday the 15th day of January in the 52nd year aforesaid, before the justices of our said lord the king last above named, and others their fellows justices aforesaid, cometh the said Benjamin Walsh under the custody of Samuel Birch esq. and William Heygate esq. sheriffs of the said city of London, into whose custody in the gaol of Newgate aforesaid, for the cause aforesaid, he had been before committed, and being brought to the bar here in his proper person is committed to the said sheriffs; and forthwith concerning the premises in the said indictment above specified and charged on him, being asked in what manner he will be acquitted thereof, the said Benjamin Walsh says, he is not guilty thereof; and concerning this for good and ill he puts himself upon the country; and Thomas Shelton gent, clerk of the session of gaol delivery of Newgate aforesaid, who prosecutes for our said lord the king in this behalf doth the like; therefore let the jury thereupon here immediately come before the said justices of our said lord the king last above named and others their fellows justices aforesaid, and who have no affinity to the said Benjamin Walsh, to recognize upon their oath, whether the said B. Walsh be guilty of the felonies 939 aforesaid, in the said indictment above specified and charged on him, or not: And the jurors of the said jury by the said sheriffs to this matter impannelled and returned (to wit) William Grove, William Self, Robert Snell, John Clulow, James Masters, William Poyner, Thomas Owen, Henry Mackrell, John Francklin, William Brown, Nathaniel Ainger, and william Duncalf, being called come; and who being chosen tried and sworn to speak the truth of and concerning the premises aforesaid, say upon their oath, That the said B. Walsh is guilty of the felonies in the said indictment above specified, in manner and form as in and by the said indictment they are supposed against him, and that the said B. Walsh at the time of committing the said felonies or at any time since, had no goods or chattels, lands or tenements to the know ledge of the said jurors: And because the court is not yet advised of giving judgment of and upon the premises aforesaid, Therefore day is given as well to the said Thomas Shelton who prosecutes for our said lord the king in this behalf as afore said, as unto the said B. Walsh under the custody of the said sheriffs in the mean time safely to be kept until the next general session of gaol delivery of our said lord the king, to be holden for the said city of London, to hear judgment thereof, &c city of London, to hear judgment thereof, &c
§ THOMAS SHELTON,
§ "Clerk of the said Session
§ "of Gaol Delivery."
§ 15 February 1812.
§ The Lord Chief Baron to Mr. Secretary Ryder.
§ (Benjamin Walsh.)
§ "Sir; I have the honour to acquaint you, for the information of his royal highness the Prince Regent, that Benjamin Walsh was indicted before me at the last sessions holden at the Old Bailey, for stealing from sir Thomas Plumer a certain order for the payment of 22,200l. and also stealing bank-notes to that amount.—The facts of his having formed the design of converting this money to his use, and of actually so converting much the greater part of it, were proved without contradiction.—But doubts having occurred to Mr. Justice Le Blanc and myself, (Mr. Justice Chambre being absent from indisposition) the case was reserved for the judges to consider whether the facts proved amounted to the crime of larceny.—The argu- 940 ment of counsel concluded last night; and the case was considered by ten judges present (two being confined by illness) who were of opinion that the facts proved did not, in estimation of law, amount to felony.—The prisoner having been convicted of that offence, I am humbly to recommend him as a proper object of his Majesty's pardon. I am, &c.
§ "AR. MACDONALD."
§ Benjamin Walsh.—Free Pardon.
§ In the name and on the behalf of his Majesty.
§ "GEORGE P. R.
§ "Whereas Benjamin Walsh was, at a session holden at the Old Bailey in January last, tried and convicted of felony, but judgment was respited; We in consideration of some circumstances humbly re presented unto us touching the said conviction, are graciously pleased to extend our grace and mercy unto him, and to grant him our free Pardon for his said crime: our will and pleasure therefore is, that you cause him the said Benjamin Walsh to be forthwith discharged out of custody: and for so doing this shall be your warrant.—Given at our court at Carlton house the 20th day of February, 1812, in the 52d year of our reign.—By the command of his royal highness the Prince Regent, in the name and on the behalf of his Majesty.
§ R. RYDER.
§ "To our trusty and well-beloved our justices of gaol delivery for the city of London and county of Middlesex, the sheriffs of the said city and county, and all others whom it may concern."