Kirkdale Sessions Liverpool Mercury November 8 1839

At these sessions on Wednesday, the trial of the guards on the Grand Junction Railway came on. The Rev. Jonathan BROOKES presided, and there were on the bench, Thomas HORNLEY Esq M.P.., Chas. BIRCH Esq., Pter BOURNE Esq., Chas. HORSFALL Esq, Adam HODGSON Esq., Francis JORDAN Esq., Christopher RAWDON Esq., Cyrus MORRALL Esq., William EARLE Esq,  the Rev. T. MOSS, the Rev. John FORMBY and others

The names of the defendants were Thomas WILLIAMS, Henry GRINDLEY, Walter WILLIAMS, Richard TRIPHORK, Abraham COLLINS, and John CAMERON.

Against these there were five indictments charging the prisoners, in several forms with conspiracy in July last, in having, as servants of the Grand Junction Railway Company, unlawfully attempting to cheat the railway company of certain passage money for carriage by the railway, received from a person named COTTAM, for conveying him between Wolverhampton, Newton &c.,

The CHAIRMAN said that himself and several of his brother magistrates were proprietors in the Grand Junction Railway  Company: they would therefore withdraw, and leave the bench to those who were not so situated

Mr WILKINS who appeared for the defendants, begged that the chairman and the gentlemen to whom he alluded would remain

The defendants were severally called and pleaded not guilty

Dr BROWN who appeared for the prosecution said he appeared on behalf of the Grand Junction Railway Company, to lay before the jury for their consideration the case of conspiracy to defraud them on the part of two of their guards. This case would require their earnest consideration , though he believed the evidence would be so clear as to not to allow a doubt of the guilt of the parties. Fortunately for the defendants there was technical objection which prevented them from being  put on their trial for a more serious offence; for if the evidence were brought home to them so as to convict them of having obtained money by conspiracy, they were virtually guilty of embezzlement ; but as they could not prove that the defendants had received the money on account of the company, they could not be charged with embezzlement. They now therefore stood trail for  conspiracy. Some time since, the Grand Junction Railway Company discovered an extensive system of fraud was practised by their guards, in taking up passengers and carrying them to and fro by the trains for half price, which money they put into their own pockets

The witnesses on both sides were ordered out of court

Capt. Edward John CLETHER, Principal outdoor agent for the  Grand junction Railway proved that the defendants Thomas WILIAMS and Henry GRINDLEY were guards to the company in July last, and that they passed between Manchester and Birmingham. The fare by the first class trains was 21s, and by third class 11s. The conductor and the conductor only received the fares and the way bills in the intermediate distances. The Manchester guard had charge of the trains between Warrington and Manchester. The half-past three o’clock train from Birmingham was a mixed train.

By Mr WILKINS – The characters of the servants are always strictly examined previous to their being taken into the service

James COTTRAM – I am an inspector of the police at Liverpool. I was employed by Mr WHITTY  to detect fraud on the Grand Junction Railway. I was sent by him. On the 16^th July last, I  was at Birmingham. I had before known WILLIAMS as a guard. I said to WILLIAMS I wished to go down to Manchester that afternoon I asked WILLIAMS to introduce me to GRINDLEY. He brought me to him at a beer house. Williams told him that I wanted to go to Manchester. WILLIAMS asked GRINDLEY if I were to book. He said “oh no, don’t book at all”. He said “Walk straight into the yard, take no notice of anyone at all, you will not be noticed”. I went into the yard a little before the train started. I saw GRINDLEY with his back to a carriage looking at me . I believe it was a first-class carriage. He pointed his thumb to a carriage into which I got. The tickets were collected by GRINDLEY. I had no ticket – he did not get any ticket from me. I went on in the train to Manchester. I went all the way in the same carriage. After we got past Newton he came to the carriage door and asked me if I knew whereVicker’s Beer House was. I said “yes”. He said “Go there when we arrive and I will come to you”. I went there and GRINDLEY came to me. I told him I must pay him for my fare and asked him if ten shillings would satisfy him. He said it would and I gave him half a sovereign. I had gone several times before this at Mr WHITTY’s directions. I had seen WILLIAMS twice before, probably oftener. I was employed to discover as many of these delinquencies as possible. I have been a witness against all the persons now under charge with respect to different transactions. GRINDLEY had beds to let He kept a beer-house and asked me to go and sleep there, telling me I should know where to find him if I wanted to go again.

By Mr WILKINS- Mr WILKINS commenced by desiring Mr COTTAM to hand over his the memorandum book from which he makes his reports. I have been in the police between three and four years. I come from the Church parish of Oswaldtwistle., a little beyond Blackburn. I was a stonemason before I was in the police. I got from 24s to 26s per week. When I first joined I was captain of the fire police, and was a stonemason also,. When the new police were established I was recommended by Mr TOMKINSON; he, my old master, whom I had served twelve years had a vote.

Cross examination continued- I received my wages during the time I was in this business. I have informed against other guards at London. I have received about sixteen people for expense on this business. I have not had any thing except my expenses, nor the promise nor expectation of anything. I introduced myself to the two defendants. I held out no inducements to them, but we had some drink together

Re-examined – I have receied nothing but my expenses. If I made out an extortionate bill, I should be up before the Watch Committee

Inspector Thomas FRESH of the Liverpool police- I took the defendants in custody with other guards to the office of Messrs Leigh and Sanders. After COTTAM had made his statement, I took GRINDLEY downstairs. I had cautioned them all not to say anything in presence of the constables. GRINDLEY said “it’s a bad job this”. I said it was. He said “Well I can’t blame the man, it is his business; he has said nothing wrong, I believe he has caught all the London guards as wel as us” I said “Has he?”. He said “I believe so. I am sorry for them, several have large families, and will be worse off than I am”

Cross-examined- The conversation occurred on the 26^th August, and I mentioned it to COTTAM two or three days afterwards. Mr COTTAM afterwards mentioned it to Mr SWIFT solicitor to the company

Mr WILKINS addressed the jury on behalf of the defendants in a speech which took upwards of an hour in the delivery. He implored them to dismiss from their minds, as far as they could , any prejudices that might have arisen in consequence of the address of his Learned Friend Dr BROWN, as he would venture to affirm, without in the slightest degree impugning him, that a more artful attempt to bias the minds of a jury against accused parties was never heard. The Learned Council alluded to the practice common amongst drivers of stage coaches of picking up passengers and “shouldering” – as it was termed- an offense which in the eyes of public opinion, was deemed venial. Against the officers who had given evidence he levelled severe animadversions, terming them informers, and individuals whose testimony was not entitled to credit. The legislature, he said, had decided that the evidence of no informer should be taken alone and un-corroborated All who were conversant with the practice of police courts, knew that magistrates never received the unsupported evidence of informers. The Learned Council dwelt upon the circumstances of the unimpeachable characters which the Railway Company required their servants to possess in proof of their respectability up to the present time.

The Chairman recapitulated the evidence to the Jury, and stated it as the result of  his experience that the testimony of police officers was as worthy of credit  as that of any other class of individuals It was for the Jury to say what degree of credit they gave to the witnesses, but it was his duty to state his own belief that it was very straightforward and conclusive

The Jury, after consulting together in the box during about an hour, begged permission to retire. They remained absent till six o’clock, when the court adjoined. Several messages were sent and it was decided that the Jury were to be locked up al night as it appeared they were far from concord as ever Just as the bench was nearly deserted, the barristers disrobed, the desks locked, and most of the candles extinguished, the Jury returned having suddenly made up their minds to agree. They acquitted the defendants

Caryl Williams www.old-liverpool.co.uk Old Liverpool 1998-2008