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Proceedings of the court of directors and of a secret select committee appointed by the court ... 2d May 1827, to investigate transactions connected with an abuse of patronage; together with a report of the trial in the Court of king's bench online

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Online LibraryEast India CompanyProceedings of the court of directors and of a secret select committee appointed by the court ... 2d May 1827, to investigate transactions connected with an abuse of patronage; together with a report of the trial in the Court of king's bench → online text (page 10 of 17)
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Look at that. Is that Captain Anstice's writing ? (Handing a paper to the
nitness. )

Lord Teiiterden.-^Ue said the note came from Mr. Andrews ? — This is not
the note that came : this is from Captain Anstice.

Mr. Serjeant Bosanquet. — Do you know Captain Anstice's hand-writing?
— No. I know that is the note I received.

Who gave it you ? — I do not know ; it was brought by a messenger.
Lo7^d Tenterden. — What day did you receive the last ? — I do not know the
date.



ft 3 Mr.



Rev.E.Back.



110 PROCEEDINGS IN THE

Court Mr. ROBERT THORN MILL sworn.

Bench. Examined by Mr. Serjeant Bosanquet.

yj^ Do you know Captain Anstice's hand-writing ? — Yes.

R.TIioriihill. Just look at that note Qianding a paper to the witness). Is that his hand-
writing? — Yes, it is.

The same was handed in and read, as follows, signed " J. P. Anstice, Tues-
day evening, 8, Waterloo Place ;" addressed to " Colonel Edwards."

" Sir : — My friend sends a messenger in with this to-night, purposely
" to let you know that Mr. Back must he at this place by ten o'clock to-
" morrow morning. Have the goodness to let him come by himself, if you
" please, as no third party will be seen by the gentleman, who will take him
* " immediately and get all done. I must take the liberty of calling your

" attention to the necessity of this being observed ; and I will further
" add, that if any delay or disappointment takes place now, it will be en-
" tirely owing to a want of confidence, and that, on our parts, you will
" find all to be correct.



Rev.E.BacL The Rev. EDWARD BACK, D.D., called again.

Examined by Mr. Serjeant Bosanquet.

Is 8, Waterloo Place, Mr. Andrews' Office? — Yes.

On the following day, that is the 2d of May, did you go to the Monument
Coffee-house ? — 1 was staying at the Monument Coffee-house.

You were there ? — Yes.

Did you there meet Mr. Andrews? — My son went down to his office as he
was desired.

You sent your son to Mr. Andrews' office in consequence of that letter? —
Yes.

And at the Monument Coffee-house did you afterwards see Mr. Andrews
and any other of the defendants ? — Yes.

Which did you see ? — Mr. Andrews and Mr. Sutton called. They said that
every thing was then completed, and we must go to the India-House.

LordTenterden. — The same date? — Yes, both ; and that, as every thing was
now' completed, I must pay over the other two halves of the notes. That I
refused to do until the young man had actually passed. They continued to press
for the other halves of the notes.

Was



COURT OF KING'S BENCH. 117

Was that at the Monument Coftee-house, or did you go to other places ? — Court
On our walk to the India-House they pressed for it. of King's

Did you go into any other coiFee-house ? — We went into another coffee-

house opposite the India-House, called the Ship. I returned to the Ship, and Rev.E.BarL
said I would give tliem the otlier two halves of the notes, and I laid them upon
the table.

Lord Tenterden.'— 'You said you returned ? — Yes. I had gone away for a
little time, to consider whether I would give them the other halves.

Did they go into the Ship without you ? — Yes : they appointed to meet me
there. Then a new diHiculty was started, as the corresponding halves of these
two notes were not forthcoming.

Lord Tetiierde/i.— Who started that ? — Either Mr. Sutton or Mr. Andreus,
I do not recollect which; and Mr. Gibbons had told me, some days before, that
those halves of the notes were in the possession of Captain Austice, tlie two first
halves. Then there was a sort of dispute arose upon the subject between
Sutton and Andrews, and I was desired to walk to the other end of the coffee-
room, which I did, until they had settled it; but before I did that I had taken
up the half of the ^500 note.

Mr. Serjeant Bosanquet. — You had laid them upon the table ? — I had laid
them both down upon the table ; and before I walked to the other end of the
coffee-room, I had taken up the half of the ^500 again.

Leavin<^ the second half of the ^300 ? — Ye3, I had taken up the half of the
£500, and I declared positively I would not give it up till the young man had
been sworn in.

Where was your son at this time ? — I think he was waiting under the India-
House. He was walking about waiting.

Did you find him there when you left the Ship? — We all went to the India-
House together.

Lord Tenterdin.—Dk\ he meet you at the Monument Coff'ee-house }

Mr Serjeant Bosanquet. — What became of the other half? — It was taken up
by one of the other gentlemen : I think Captain Anstice.

Did you then receive the papers? — Yes, they were then put into my hands.

LordTentirden. — By one of them? — Yes, either Mr. Andrews or Captain
Anstice.

Mr. Serjeant Bosanquet. — What did you do then? — I then went with my
son to the Cadet-office in the India-House.

I.,ord Tenterden. — You went to him ? — He was waiting under the door of the
India-House.

Did you go and find him ?— Yes, I did.

And



f^ PROCEEDINGS IN THE

Court :And went to the Cadet-oi-fice? — Yes.

"H^'"h''^ Mr. Serjeant Bosanguet. — Did you see Mr. Gibbons tlierer — Yes.

Lord Tenterden. — Were Mr. Andrews and Sutton with you ? — No, I left

lievJi^Tiad. ti,em at the Ship.

Mr. Serjeant Bosanquet. — You went with your son into the Cadet-office and
found Mr. Gibbons tliere? — Yes. He was either in the office or at the door;
but he went into the office with me, and staid a long while there.

Did any thing pass between you and Mr. Gibbons ? — Yes ; but not yet. I
gave the appointment to a clerk in the Cadet-office, who immediately disap-
peared with it. He went out of the room, and I waited till six o'clock, and he
never returned.

While you were there did Mr. Gibbons say any thing? — Yes.

Lord Tenterden. — While the clerk was gone ? — Yes.

What did he say ? — He attached himself very closely to me all the time, and
I could not conceive what he wanted ; and at last I said to him, I shall not wait
any longer then, and I should conceive he need not either. He asked me where
could see me the next morning. I asked him what he wanted. He said he wanted
to receive the difference. As I had got this appointment for .£800 instead of
nine hundred guineas, he wanted to receive the difference between the ^800
and nine hundred guineas, being ^145: of which he was to receive e^45, and
pay Mr. Wright £\Q0. That was all he was to have for his trouble, he added.
His words were, " that is all I get by it.*'

Mr. Serjeant Bosanquet. — Did you return to the Ship ? — I returned to the
Ship two or three times in the course of the morning. I left the India-House
two or three times and went into the Ship.

Did you, at any of those times, find Sutton or Mr. Andrews there ? — Yes,
one or the other; and sometimes both, and sometimes one. I know one was

out.

Did any thing pass with them, or either of them : did they say any thing, or
did you observe any thing? — When I went, I was detained so long at the Cadet-
office they began to be apprehensive there was something wrong.

Lord Tenterden.— ~D\A they say so ?— Yes.

Air. Serjeant Bosanquet. — Tell us what they said ? — They could not tell what
to make of it : there was something wrong in the business, and there was some-
thing irregular, they were afraid. Before we parted, Sutton walked with me into
the street behind the India-House (I forgot the name of the street) or on the
side of the India-house, and he said he hoped there was no irregularity ; but if
the matter was found out he should be a ruined man, and lose his friend for ever.

Lord



COURT OF KING'S BENCH. 119

Lord Tenter den. — Did he say he should be a ruined man, or lose his friend, Court
or both ?— Both. *'!"^'"s'*

. . Bench.
Mr. Seijeant Bosanq net. —Any thmg further? — I apponited to meet Sutton

the next day, to tell him what turn things had taken. Rev.E.Back.

Did you go ?— "No, I was sent for to the India-House by the Directors.
Did you afterwards see Mr. Sutton at Little Hampton? — Yes, I did.
Lord Tenter den. — He came to you? — Yes, he did.

Mr. Serjeant Bosanquet. — What passed there? — Nothing particular. He
begged particularly to know what I said when I was before the Directors. I
told him I had not been before the Directors. He asked me what I meant to
do. I said, I had nothing to say to him upon the subject : I declined all
conversation.

Are you acquainted with Mr. Prescott ? — No, certainly not : I never saw him
in my life, that I know of, to my knowledge.

What was your son's age in March last year ? — Between twenty-two and
twenty-three.

LordTenterden. — ^That would be true, if he wanted one day of twenty-three.

Mr. Gurney. — That will appear by the baptism.

Lord Tenterden. — That will be read presently.

Mr. Serjeant Bosanquet. — Was he baptized on or about the day he was born?—
I think the very same day. I baptized him myself. I believe it was the same
day.

What day in October ? — About the middle : I forget the very day.

Lord Tenterden. — Do you remember the year ? — In the year 1 805.

Mr Gurney. — October 1805. — Mr. Starkie will be here in a moment.

Lord Tenterden. — -He appears for Captain Despard ?

Mr. Gurney. — Yes, my Lord.

Mr. Brougham. — Mr. Starkie appears for Captain Despard, and my learned
friend and 1 for Mr. Prescott only.

Cross-examined by Mr. Starkie,
I think I have heard you called, since the cause began. Dr. Back r — Yes.
Are you a Doctor in Divinity ? — Yes.

Have you, on other occasions than this, gone in the name of Edwards ? — No.
Only this special occasion r — Yes.

This was when you went to negociate for the office? — Yes.
What is your Colonel's dress, Dr. Back : how did you usually dress when you

went



jj$0 PROCEEDINGS IN THE

■Court weutas Colonel r — Black. I might have a black silk handkerchief. I had been
pf Kings abroad a i^ood many years, and had been in the habit of wearins: a black silk
^*^"- handkcrcluef.

^evJ^.Back. Were you not in the habit of wearing a military dress ?^No, just as I am.

You did not wear an undress military coat and j-ellow waistcoat r — Yes, on
the Continent I have.

When you passed as Colonel Edwards did you never wear an undress mili-
tary coat ? — No.

Positively ?— Yes. I have worn a blue camlet cloak ; but I do not believe
either of the defendants ever saw rae in it : merely to keep out the rain.
And to pass as Colonel ? — By no means.

Was not that blue cloak such a one as military men generally use ? — Yes ;
but I never called on them with it : I merely had it in town.

You have not had it with you when you passed yourself off as Colonel Ed-
wards ? — No.

And, in all respects, except a black handkerchief, you dress in black as a.
clergyman ? — Yes.

When you passed yourself off as Colonel Edwards, you had some of his
cards ? — Yes.

Who was he ? — He was the husband of my present wife.

How long have you been married to your present wife ? — Since 1819.

Her first husband was Colonel Edwards? — Yes.

Wiil you be pleased to state how it happened, so long after this gentleman's
death, you happened to have these cards in your pocket ? — It did not happen :
I took them for the purpose. 1 had a hundred of them or more, then. I do
not know that I have them now.

Were those the Colonel's cards, or have you had some printed since? — No,
his own cards.

Those you had carefully preserved ?— They were preserved. I found them
in an old box or drawer, or some such thing.

Have you ever gone by the name of Colonel Drake ?— No, never.

Upon no occasion ? — No.

„What name did you go by on the Continent? — My own name, certainly}
never any other.

Were you ordained before you went to the Continent? — Yes, some years.

Had you any preferment here before you went? — No. I was chaplain to a
foreign garrison.

Where



COURT OF KING'S BENCH. I2I

Where did you reside during the twelve or fourteen years you were abroad ? .^"^'"t,
— I resided at Brussels : part of the time at Valenciennes in France, but prin- " p*^'"p **
cipally at Brussels. I have lived also at Ostend. '

Had you any employment at those places? — No, none whatever. If you Rev.E.Bact.
call it employment, I was tutor to a son of the Duke of Richmond at Brussels,
Lord Frederick Lennox. I do not know whether you call that employment.

When was that ? — I think in the year I8I7.

How long were you tutor to him ?— Very nearly twelve months, till he went
abroad with his father to Canada.

I think you said you made this application in August 1826 ? — Yes.

In consequence of an advertisement in the Herald ?— .Yes.

How long was that negociation carried on, you assuming the name of Colo-
nel Edwards, before you made any communication upon the subject to the
East- India Company ? — It is necessary for me to look at the paper. I see it
first of all began in August 1826, and I renewed it in February 1827.

Up to that time, and indeed down to the last time you have been speaking
of, you went by the name of Colonel Edwards? — While I was negociating
that business.

Was it February 1827 you communicated with the East-India Company? —
Yes.

Lord Tenterden. — It is so in proof already.

Mr. Starkie, — W^as it by a letter ? — Yes. I wrote to Sir George Robinson,
the then Chairman.

Were all the communications you had with the East-India Company upon
this subject by letter ? — Yes, all.

Lord Tenterden. — You saw the Solicitor occasionally ? — Not before I had
written to Sir George Robinson.

Afterwards? — Afterwards I had repeated interviews with him.

Mr. Starkie. — I think that you have said that these papers were written
severally upon the days they bear date ? — Yes.

Lord Tenterden. — Or are they a transcript of what you wrote at the time ? —
This is merely more particularly from my short memorandum, but they refer
to that same date.

Mr. Starkie. — Have you got the originals there ?

Lord Tenterden. — He says, most of them are originals.

Mr. Starkie. — Shew me which are the originals. — These (handing papers to
Mr. Starkie). This contains some of the same dates more particularly.

Look at the second sheet of that writing (handing some papers back to the

R mtness).



122 PROCEEDINGS IN THE

Court mtness). Do you mean to say that those entries, containing several different
of King's dates, were written at the time they bear date ? — I do say so.

Bench.

Look at the first sheet : was that written, also, at the time it bears date ? —

««'. ^.5ac/fc. Undoubtedly it was.

Not a transcript ? — No, not a transcript from any thing else.

Written at the time it occurred ?^Yes, at the time it occurred.

Will you look at the second sheet again. How happens it that the top
paragraph, and the lower one on the other side, are scratched out ? — I might
have mistaken the day of the month, or something of that kind. There was
no intention in it : there was nothing obliterated.

You say, it might have been a mistake of the day of the month or something
of that kind. Look at those paragraphs marked out. Do you not see, that not
only the day of the month but the whole paragraph is struck out ? — Yes, it is.

Why was it struck out ? — I can give no reason for it. It is not obliterated,
any one may see it.

Has your son any other employment? — No.

Your son you represented as your ward ? — Yes, as my friend.

You have got no other employment for him ?— ^No, I have not.

Mr. Brougham. — 1 have no questions to ask him.

Mr. Serjeant Bosanquet. — I have no questions to ask on re-examination.

Mr. Starkie. — I should wish the Jury to see these papers.

Lord Tenterden. — You must ask him as to all of them, then.

Mr. Starkie. — Merely those two.

Lord Tenterden. —You may leave them there.



Col. Tcone. COLONEL SWENY TOONE sworn.

Examined hy Mr. Gurney.
I believe you have been for many years a Director of the East-India Com-
pany ? — I believe thirty years to-day.

iThe defendant, Mr. Prescott, has been for some years past a Director.? -
He was for some years past a Director, and I served with him seven years in
the Direction, which made me acquainted with him.

I believe the Directors of the Company, in their turn, fill up the several
appointments that are in their gift. — They do, and sometimes lend them to
each other.

I am coming to that ; if you will follow me I will endeavour to lead you the
shortest road. Does it often take place that the Director, in whose turn the

appointment



COURT OF KING'S BENCH. 123

appointment is, lends it to another Director to receive it back again ? — Yes, Court

it constantly occurs. of King's

Bench.

In the latter end of April in the last year, did Mr. Prescott apply to you for '

an appointment in your gift ? — Yes, Mr. Prescott did apply to me for an ap- Col, Tonne.
pointment in my gift. I think the latter end of April.

Do you recollect the day ?— I do not wish to speak with certainty to the day.
I think it was the 26th or 27th.

Is that the note in which Mr. Prescott applied to you? If you look at the
back you will see your mark upon it. — Yes, that is the note 1 received from
Mr. Prescott.

It was in an envelope?— Yes, the 26th.

The same was read, as follows : rfa/erf " April 26th, 1827;" addressed to
" Colonel Toone."

" My Dear Sir : Will you have the goodness to lend me a Madras or
" Bengal Cavalry appointment, and I will repay you immediately I get
" one. — I am, Dear Sir, your's very sincerely, C. Elton Prescott."

That means a Cadetship ? — A Cavalry Cadetship.

Did you give an answer first in writing, or verbally ?— I cannot so perfectly
recollect. I think it was verbal. I think we met in the street, and I told him
I had one, and I should be very happy to accommodate him, having great
respect for him. I think it was in the street we met. It was either that, or
by note, Icannot recollect which.

Mr. Gumey. — Your Lordship may take it to be Thursday the 26th. On the
next day, Friday the 27th, were you in the Committee of Correspondence
at the India House ? — I dare say I was.

Mr. Gumey. — Your Lordship will allow me to take that for granted. 1 will
shew it was. Did any thing particular occur as to a nomination that had be-
fore been given to a person of the name of Frederick ?— Yes, there was a cir-
cumstance, but I do not recollect the name.

It was something relating to the appointment? — Yes.

In consequence of something that did occur, did you speak to Mr. Prescott
respecting this promise ? — Yes, after that, it certainly did occur to me.

Was it on that day ? — Certainly not on that day : it must have been on the
following morning, or the day after that.

What did you say to him ? — I really cannot exactly recollect what it was ;
but I said there was something that happened in the Committee that made me
very anxious about this Cadetship I had promised him ; that I was extremely
anxious on that account.

Did you inquire of him whether he knew the family of the Cadet ? — I par-
ticularly desired him. I said, "You know this young gentleman perfectly

R 2 wellj"



Ig^ PROCEEDINGS IN THE

Court well ?" and he said, " Yes, he is one of the finest youths in England." That
of King's I perfectly recollect.

Bench. .

_ — Did he tell you what he knew of his father and his family ? — " And you

Col. Toqne. " know his family ?" — " Yes, I know his father ; he is a respectable clergyman
" in Devonshire."

Did he tell you the young man's age ? — He told me it was necessary to quick-
en the matter : that the young gentleman was within two months of being of
age, and at the termination of those two months he could not be appointed.

After the age of twenty-two they cannot be appointed ? — No.

Did Mr. Prescott say any thing more to you that you remember? — I have
not the least recollection of any thing more being said.

Do you remember saying what was passing in your mind.

Mr. Brougham. — Really that is not a question.

Mr. Gurney. — It is only touching the string.

Mr. Brougham. — That is a new phrase.

Lord Tenterden. — Mr. Gurney asked him, whether any thing was passing
in his mind ?

Mr. Gurney. — Whether any thing was said about what was passing in his
mind? — Upon my expressing those kind of doubts, he said it was caused, he
supposed, by a young gentleman that had passed at the India-House about three
or four years before. As that has nothing to do with the question, you will
permit me to say it has nothing to do with the question ; and it was in conse-
quence of that he said he knew this young gentleman very well, and his father
was a clergyman in Devonshire.

Did you, upon that, write a note to Mr. Abington, the clerk in the Cadet-
office ? (^Handing a paper to the 'witness.') — It is my note.

That note you sent to Mr. Abington, the chief clerk in the office ? — Yes, I
think I did. It is my note, completely.

Lord Tenterden. — After this conversation ? — Yes.

Mr. Gurney. — Read it.

Mr. Brougham. — How is this made evidence ? Colonel Toone sending a
letter to a clerk in the office, does not entitle you to read it.

Mr. Gurney. — I undertake to go on to show it was received by Mr. Abing-
ton, and that there were communications to Mr. Prescott afterwards.

Mr. Brougham. — If you will do that, that is another thing.
Mr. Gurney. — It is part of the res gesta ; it is part of the transaction.
Lord Tenterden. — Mr. Abington is chief clerk ?—, At the head of the Cadet-
office.

Lord Tenterden. — It is part of thetransaction. .

The



COURT OF KING'S BENCH.



125



2%e same
•'S. Toone



leas read ; dated " Saturday, the 28th April 1827 >'
;" addressed to " William Abington, Esq."



signed by



Court

of King's

Bench.



" Wm. Abington, Esq.— Be so good to pass Captain Prescott's youth
" without delay, as he is near 22, and I will sign the papers on Wednesday Col. Toone.
" morning next ; but let the youth pass as soon as possible. — Your's,
" &c., S. TooNE. — If the papers are sent to me this day I will sign
" them."

Mr. Gumey. — That was Saturday.

Lord Tenterden. — Yes.

Mr. Abbott. — It is dated Saturday.

Mr. Gurney. — On that Saturday, when you were at home, did you receive
a packet purporting to come from Mr. Abington ? — Yes, from the head of the
Cadet-office.

Where do you live? — Mortimer Street, Cavendish Square.

Did the packet you received from Mr. Abington enclose those two papers
(Jianding two papers to the witness) ?

Lord Tenterden. — Did it come from Mr. Abington ?

Mr. Gurney. — It came from Mr. Sharp, in Mr. Abington's office : we will
shew that. Did those papers come in that packet, and did you sign them ?—
Yes, most certainly they did, on that day.

And you signed them ? — I signed the latter paper.

Mr. Gurney. — They are marked as A and B.

Lord Tenterden. — The one marked A is signed by the witness.

Mr. Gurney. — One is, " I do hereby declare."

Lord Tenterden. — Look at the originals.

Col. Toone. — They are both signed by my signature.

Mr. Gurney. — Having signed them, did you enclose them and seal them up? —
I enclosed them to Mr. Abington, who sent them to me, and put my seal upon
them, and directed them to Mr. Abington at the India-House, that moment.

That same evening ? — The same day.

The messenger waited while you did it.' — Yes. One of the India-House
messengers came with it, and he waited whilst I sealed them up and directed
them to Mr. Abington.

After you had sent them off, did any thing that occurred in your mind induce
you to send a note to Mr. Abington ? — Most certainly I did. I was called
from my dinner, and signed the paper suddenly : something did occur to my
mind afterwards.

Is that the note you sent to Mr. Abington (Jtanding a paper to the witness) ?—*'''*
Certainly it is my note sent to Mr. Abington.

Lord



m



'"PROCEEDINGS IN THE



Cauit

of King's

Bench.



Lord Tenterden.—How did you send it? — That note by the two-penny post,
and another by my servant.

Did you at the same time send a note by your servant to Mr. Prescott ?—
Col.Toone. Yes, the same evening I sent a note to Mr. Prescott.

Mr. ijumey. — I call for that note. ''. ^'^^ ^^^

Mr. Brougham. — Wehave not got it, of you should have it. We never had it.

Mr.Gurney. — Do you remember the terms of your note to Mr. Prescott?
— I recollect saying I had received the papers from Mr. Abington.


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Online LibraryEast India CompanyProceedings of the court of directors and of a secret select committee appointed by the court ... 2d May 1827, to investigate transactions connected with an abuse of patronage; together with a report of the trial in the Court of king's bench → online text (page 10 of 17)