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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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" addressing him, in future, to No. 63, Upper Norton Street, having quitted
" his house in Allsop's Buildings. Mr. W. will feel obliged by an early
" reply, as the opportunity may not last long."



COURT OF KING'S BENCH. 105

The Rev. EDWARD BACK, D.D., called again. Court

of King's

Examined by Mr. Serjeant Bosanquet. Bench.

Did you call according to that letter? — I did. Rev.E.Back.

In consequance of that, did you see one of the other Defendants ? — I saw
Mr. Gibbons.

Look at that letter. Did you, in the course of the business, become ac-
quainted with Mr. Gibbons' hand-writing by seeing him write? — I could not
say I could swear to his hand-writing, but 1 firmly believe it to be his hand-
writing.

Lord Tenterden. — Did you correspond with him ? — I have received letters
from him.

And answered them ?— Yes, and answered them.

You believe it to be his hand-writing ? — Yes.

Lord Tenferden.-^Then it may be read.

The same was read, dated "Monday, 25 th of March 1827." Addressed to
** Colonel Edwards," as follows:

" Mr. Gibbons, on the part of Mr. Wright, will meet Colonel Edwards
" to-morrow at one o'clock, at 32 Walbrook, having an appointment there
*' at that hour ; and as Colonel E. has desired his letter to be addressed
'* to the City, it probably may be more convenient to him than Norton
" Street."
In consequence of that note, did you call at Walbrook ? — Yes, I did.

How soon? — I suppose in the course of a couple of days afterwards. I came
up to town immediately.

Did you make any memorandum from which you are able to speak to the
date ? — Yes, I made a memorandum of each day.

Then look at the memoranda.

(The witness produced a paper.)

Lord Tenterden. — Have you copies of these letters ?

Mr. Gurney. — Yes, my Lord.

Air. Serjeant Bosanquet. — In consequence of that note, what day did you
call in Walbrook? — I called on the 6th of March.

The day following? — Yes, and on the 8th also.
Did you see Mr, Gibbons at both times ? — Yes.

Upon either of those days, and which, had you any conversation with him
respecting the cadetcy ? — On both days ; the conversation was on nothing else.

p Will



106 PROCEEDINGS IN THE

Cowt^ Will you state what passed? 1 do not want to go into details. — He told

°'^^^' me the price of a Cadetcy in the Infantry was ,£600, and the Cavalry 900

' guineas.

Rev.E.Bach. Did he inform you how the nefj;ociation was to be conducted ? — Yes, by de-
positing money in the hands of any banker, or by cutting bank-notes in two.

Did he say any thing further? — No.

Did you receive from him any paper ? — Yes, I certainly did.

. Look at that paper (^handing a paper to the witness). — Yes, I received that.

Did he deliver you that paper ? — Yes.

Where did he give it you ? — I think he gave me this in Walbrook. However,
he gave me one in Walbrook, and he gave me some at the Cadet Office.

He gave you a blank form at the Cadet Office and one in Walbrook ? — Yes.

You received that from him ?— Yes.

What did he tell you to do with that paper ?— To get a certificate of baptism
properly filled up, and then return it to him.

Did you send it into the country for the purpose of having it filled up ?— -Yes.

Did you receive it back again ? — Yes.

Filled up ?— Yes.

Did you return it to Mr. Gibbons ? — Yes.

Did he shew you any other paper, or make any observation respecting the
appointment of Cadets ? — Yes, he shewed me two different receipts which he
had of money that had been paid hini.

What did he say about them ? — It was an acknowledgment to return the
half notes, in case the promise was not fulfilled.

Did he say any thing about any Cadetcy from the country ? — Yes.

What was it ? — He said there was a young man he had just passed, who had
gone into the country. He had not embarked yet : he was gone to take leave
of his friends.

What part of the country ? — I think he said Devonshire.

After you had returned the paper to him, filled up, did you see him again ? —
Oh yes, frequently.

Lord Tenterden. — What day did you return him the paper?

Mr. Serjeant Bosanquet. — Look at this letter {handifig one to the mtness)
and say if you received it from him.— -Yes.

That is a letter acknowledging the receipt of it. Is that his hand- writing?- —
Yes ; it is the 24th of March.

Letter



acv«£. JBtuik.



COURT OF KING'S BENCH. 107

Letter read, dated "32, Walbrook, 24th of March 1827," signed "G. ^.^^^
H. Gihhons" and addressed to " Colonel Edwards or Dr. Back." ofKing'i

"Sir: — I received your letter enclosing Mr. Back's certificate, and Bench.
" which I was in hope of carrying into eifect ere this ; but it unfortunately
" arrived a day too late, as whai I anticipated when I saw you had been
" disposed of the day before I received yours. However^ I have no
" doubt of being able, in the course of about a fortnight, of being in a
" situation to fulfil your wishes, having made an engagement to that
" efi'ect. I think 1 can procure one in the Cavalry, but not less than nine
*' hundred guineas will be taken (indeed there is a good deal more asking
" for one), if your friend should wish it, and probably from his age it might
" be more desirable, and you are to recollect it is double the infantry pay. I
" am unfortunately called to Falmouth, where 1 am going this evening to
" see my wife, who lies dangerously ill and with little hopes of recovery.
" I shall be absent about ten days, and will communicate with you on my
" return, and you may consider the business as completely arranged ; that
" the young gentleman will be ready to come to town immediately that I
" apply to you. Should the cavalry be preferred, it would be desirable
" that you should drop me a line to that effect, that I might make the
" necessary arrangements."

Did you see him again the 12th of April ?— Y^s.

Where were you in the mean time ? in the country ? — Yes, I had returned
into the country again.

Upon the 12th of April did any thing take place ? {A paper was handed to the
witness.) You met Gibbons again ? — Yes.

Did any thing take place on that day? — Yes.

What? — I gave him a £500 bank-note; and he cut it, and retained one half
and I kept the other.

From whom did you receive that? — From the Solicitor of the East-India
Company.

Which you gave to Gibbons? — Yes.

And he cut it in two ? — Yes.

Did he retain one half and you the other ?— Yes.

Did he give you that receipt? — Yes.

In his hand-writing ? — Yes, he wrote it in my presence.

Put it in. — The same was handed in and read, as follows:

Dr. Back,

" Received, the 12th of April 1827, of Col. Ea vvards , the half of a five
'• hundred pounds Bank of England note, which 1 engage to return in
" case the appointment agreed upon does not take place.— G. H. Gibbons."

p 2 Whose



fOl



PROCEEDINGS IN THE



Court

of King's

Bench.

Rev.E.Back.



Whose alteration is that ? — Gibbons' himself.

In the evening of that day did Mr. Gibbons introduce you to any other
person ?— No, not on that day.

How soon afterwards ? — Tlie day following was Good Friday, and we did not
meet on that day. On the 14th of April I met Mr. Gibbons and Mr, Tyndale.

Was that the first time you met? — Yes, I think that was the first day I saw
Mr. Tyndale.

Soon after this deposit of the half of the £500, you met Mr. Tyndale ? — The
afternoon of the same day I saw Mr. Gibbons, and he shewed me an acknow-
ledgment from Mr. Tyndale that he had received the half of the note.

" Mr. Tyndale was not present ? — No.

Mr. Gibbons shewed you that? — Yes.

And on the evening of the 14th you met them together? — Yes, I met them
both together.

Did Mr. Gibbons introduce you? — Yes. He said nothing could be done on
that day, as there were no Directors at the India-House.

Was it said in Tyndale's presence that there were no Directors at the India-
House, and it could not be done that day ? — Yes, he was present.

Had you conversation with Mr. Tyndale as well as with Mr. Gibbons? — Yes.

Who said there were no Directors at the India-House?— Either Mr. Gibbons
or Mr. Tyndale, or both.

But they were both present? — Yes, and they said we must wait till Monday.

Had you any further conversation with Mr. Gibbons or Mr. Tyndale? — Yes,
on the Monday ; and then it was said it was the Easter Holidays, and nothing
could be done till Wednesday.

Did you meet him more than oncer— Yes, frequently, several times.

Lord Tenterden. — Both of them ? — Yes.

Mr. Serjeant Bosanquet. — Was any reason assigned for the delay ?— Yes,
excuses were made ; various excuses. One was, they said, that the fact was the
uncertain state of the Ministry, as the appointment, it was supposed, would
come from the President of the Board of Control.

Did you afterwards pay any further sum to Mr. Gibbons ? — Yes, I did some
time afterwards.

What day was it ? Look at that receipt (handing another paper to the witness).
Yes, this is a receipt to me for the half of a X300 note.

The same was handed in.

Lord Tenterden. — You saw Mr. Gibbons again on that day ? — Yes.

And



COURT OF KING'S BENCH. 109

And gave him the half of a ^300 note ?— Yes. of^S's

Was Mr. Tynclale with him then ? — No, certainly not. Bench.

It was cut in half ?— Yes. Rev'ZBack.

Mr. Serjeant Bosanquet. — The letter I have now will probably precede the
receipt, because it was in consequence of it the payment was made.

Loi'd Tenterden. — Very well.

Mr. Serjeant Bosanquet. — Is that Mr. Gibbons' hand-writing {handing another
note to witness). — Yes.

Was it in consequence of that the money was paid? — Yes, it was.

The same was handed in, and read as follows : dated " Four o'clock, 24th April,
imi ,"" addressed to

" Colonel Edwards."

" Mr. Gibbons' compliments to Colonel Edwards, and acquaints him the
" appointment can take place to-morrow ; but the party stipulated for a
" further lodgment of the half of .£300 prior to proceeding. This being
" the customary mode, and as the business will now be brought to a close,
" he can see no objection ; he therefore requests a meeting to-morrow
" morning at Lloyd's, at a quarter before eleven o'clock."

Receipt ready as follows :
" Memorandum, 25th April, 1827.— I have this day received from Dr.
" Back the half of a three hundred pounds Bank of England note, which I .
" engage to return, in case the object for which it is lodged is not accom-
" plished this day. — G. H. Gibbons."
On that day, the 25th, when the half of the £300 note had been deposited
and a receipt taken, did Gibbons introduce you to any other of the defendants?
— Yes, he did, on the same day.

Who did he introduce you to ? — To Captain Despard.

Where was it, where did you see Captain Despard ? — At Lloyd's CoflFee-house.
Be so good as to state what passed with him ? — Captain Despard lamented he
had not been consulted sooner in the business : if he had, I should not have
been detained so long in town, he told me.

What else?— He would soon settle it. He left me then at Lloyd's Coffee-
house with Gibbons, and went away, and they promised to return in about a
quarter of an hour. I waited for him between four and five hours, but he did not
come.

How soon did you see him again ? — Not that day at all. Captain Despard
returned.

I am speaking of him.— I thought you meant Gibbons.

Lord



tldi PROCEEDINGS IN THE 1

Court Lord Tenter den. — You said, Captain Despard went away and promised to

of Kjng's return in a quarter of an hour? — No, Mr. Gibbons.

Bench. Then Mr. Gibbons left Captain Despard with you? — No. they both went

Aw. £.5acA; away together, I thinlf.

Mr. Serjeant Bosanquet. — Did you see Captain Despard again that day r —
Yes, he returned, and asked me if I had seen Mr, Gibbons since he left.

Was any appointment made for a further meeting ? — Yes ; but I must observe,
first of all, that when Captain Despard came in arid asked me if Mr. Gibbona
had returned, and I said no, he expressed great astonishment at it ; but the
waiter told me he had seen Captain Despard with Mr. Gibbons that very
moment.

There was an appointment for the next day? — Yes.

Did you see him ? — Yes.

Lord Tenterden. — Did the waiter say that in the presence of the defendant ? —

Mr. Serjeant Bosanquet. — You must not say any thing that did not pass in
the presence of one of the defendants. You appointed to meet the next day ?—
Yes.

Did you meet accordingly ? — Yes.

Did you meet Captain Despard and Mr. Gibbons, or which of them ? — I
think only Captain Despard : and he told me I should not be disappointed
again ; that he would introduce me to two very respectable merchants, as re-
spectable merchants as any in London.

Lord Tenterden. — When did he say that? — The 26th.

Mr. Serjeant Bosanquet. — Did he introduce you to any body ? — Yes.

Where did you go ? — H« took me to Great St. Helen's, and introduced me to
Captain Anstice and Mr. Stubbs.

Mr. Stubbs is not one of the defendants.

Mr. Starkie.—l See you look at that paper every time before you give an
answer. Have you any recollection without that paper ?— It is so much con^
nected with dates.

When did you make them ? — The same day, day after day.

Mr. Setjeant Bosanquet. — You saw Captain Anstice at the office ? — Yes.

You were introduced by Colonel Despard ?— Yes.

Did Captain Anstice say any thing?— He said he had had the half of a £500
note in his possession for some time.

Did he say any thing further? — But that it was of no manner of use until the
half of a £300 was also deposited.

What



Rev.E.Back.



COURT OF KING'S BENCH. HI

What did you say to that? — I did not give it to him. Ttiad not got it with 9?}^.
„ ° of King 8

»"e. Bench.

Lord Tenterden. — You had given one-half ?— Yes, Mr. Gibbons had it in his

possession.

Mr. Serjeant Bosanquet. — Was the observation of Captain Anstice addressed
to the first half or the second half? — To the first half; that it was to be deposited
in the same way.

Lord Tenterde?i.—1 have it so : ''I have had the half of the £500 some time."
Mr. Serjeant Bosanquet. — Did Captain Despard say any thing about that
appointment ? — Yes. He said that Captain Anstice had got most of Mr. Astell's
appointments. It was supposed to be one of Mr. Astell's appointments ; that
he believed it would come from Mr. Astell ; that Captain Anstice had got most
of Mr. Astell's appointnients.

Lord Tenterden. — Was that said in the presence of Captain Anstice? — No.
It was said to me alone, I think, as we were walking in the Court.

Mr. Serjeant Bosanquet. — It was not said in Captain Anstice's presence ?—
No.

He gave you to understand that this was to be one of Mr. Astell's appoint-
ments? — Yes.

Did you attend again ? — Yes, the next day, the 27th.

At Captain Anstice's office? — I believe it was at his office, and other places.
We were running about from one place to another.

Lord Tenterden. — Who were " we" ?— -Captain Despard and me.

Mr. Serjeant Bosanquet. — Do you know whether either of the defendants
said any thing upon that day — not any other person ; but whether either of
the defendants, either Captain Despard, Captain Anstice, or Mr. Gibbons ?~
I saw Captain Despard. He called upon me at the Monument Coffee-house,
and said every thing would be completed the next day.

Did you go to the India-House with them ?— No, I do not think I did, that
day.

Or the next day ? — The 27th, I think it was.

Lord Tenterden. — That is the day you say he called upon you at the Monu-
ment Coffee-house, and said every thing would be completed the next day ? —
I was waiting at Captain Anstice's office in very great anxiety, and expressed
my doubt of the ability of the parties to procure the appointment.

To whom did you express that? — To whoever was there. It was at Captain
Anstice's office. To Captain Despard or Captain Anstice.

Lord



112



PROCEEDINGS IN THE



Court

of King's

Bench.



Lord Tenterden,—T\idi\. was -said either to him or Captain Despard ? — Yes,
certainly.

Mr. Serjeant Bosanquet. — Was any thing further said as to whom the appoint-
Bev.E.Back. ment was to come from ? — Captain Anstice said he would be bound to forfeit
£100 if it was not completed the next morning ; and if I would leave my son
with him, if I wanted to go out of town, he would take care of him.

Lord Tenterdtn. — He knew now who you were; he said, " if you would
leave your son ?" — He said " the young gentleman."

Lord Tenterden. — He did not call him " your son r" — No.

Mr. Serjeant Bosanquet. — Did you ever disclose, up to the time the papers
were ultimately stopped, that you were the principal; that you were Dr. Back?
—No.

You kept the name of Colonel Edwards to the last? — Yes, exactly so.

Was the name of any person mentioned in the course of that day by any of
the defendants from whom the appointment was to come, or from whom it was
not to come. You mentioned the name of one Director before ? — He said that
the appointment would be forwarded to the house of the Director who was to
give it, who was in Hertfordshire.

Who said that? — Captain Anstice told me that; and that the Director had
declined signing it until the half of a £300 note was in Captain Anstice's
possession.

You have mentioned the name of one Director : was any thing said about the
appointment, whether it would come from him or not? — He said he had for-
warded the appointment, by post, to this Director, who was in Hertfordshire,
and he expected it to be returned by post, or perhaps he might come up to town
and bring it with him himself. He said that the gentleman who was to give the
appointment had been tired of waiting (that was for the c£300), and he had
expressed himself in very angry terms at the delay, and said he would wait no
longer. That Captain Anstice said.

Who said that ? — It must have been Captain Anstice himself. It passed at
his office.

I do not wish you to say any thing you are not certain of. — It was Captain
Anstice,

What did he say ? — He said he had two or three days since returned the half
of the ^500 to Mr. Tyndale, from whom he had it, saying it was of no use
unless the half of the ^300 accompanied it.

I am asking this question : Was any thing further said about whom the ap-
pointment was to come from, or who it was not? You have mentioned the

name



COURT OF KING'S BENCH. 113

name of one Director : did that continue, orwas any thing said about it ? — No, Court
there is no other Director's name mentioned, that I see, at present. of King's

Was the name of any other Director mentioned at all?— No, I do not recol-

lect that there was. Rev.E.Buck.

On Saturday the 28th ?

Lord Tenterden. — The 28th ?

Mr. Serjeant Bosanquet. — Yes, that is the material day. Did you see Cap-
tain Despard on the 28th ? — I was waiting ail day at Captain Anstice's office, in
expectation of seeing Mr. Andrews, who had promised to be there.

Who first said that Mr. Andrews was to be there ? — It must have been Captain
Anstice.

Are you able to say who it was ? — No.

On the 28th, did you see Captain Despard there ? — No, I do not think I
saw Captain Despard there that day.

Lord Toiterden. — Did you see Captain Anstice that day? — Yes.

- Mr Serjeant Bosanquet. — Look at your notes of what passed Saturday the
28th. — Captain Anstice went with me to find out Mr. Andrews.

Before that time did you see any body else; did you 'see Captain Despard
before that time? — Not on that day, that I observe.

Captain Anstice and you went together, where? — To the office of Mr. An-
drews, in Waterloo-place.

• What took place there? Was he at home? — No, he was not at his office.

' Did you wait ? — A lung time.

Did you see him ? — Captain Anstice said, I had great reason to complain, that
I was ill-used.

You did not see Mr. Andrews that day ? — No.

You went with Captain Anstice to see Mr. Andrews that day, but you did
not see him ? — Yes.

That was Saturday ? — Yes.

On the next day, the 29th, did you see him? — Yes.

That wasSunday ? — Yes; I saw him on Sunday, the 29th.

Where did you see him? — At his own house.

Where is that? — Brook-street, Grosvenor-square.

Did you see Mr. Gibbons in the course of that day ? — Yes.

Where? — At Captain Anstice's house in St. John's Wood Road; and Mr.
Gibbons was talking to Captain Anstice at the door of his house.

Q That



114. PROCEEDINGS IN THE

Court That is his private house ? — Yes.

Bench. Did Captain Anstice make any remark upon Mr. Gibbons being there? — Yes.

„ "TZ. , What was it ? — He said that Mr. Gibbons wanted to cro with us to Mr. An-
drews, and he would not allow it.

Did you go to Mr. Andrews without Gibbons? — Yes.

And with Captain Anstice ? — Yes.

Was it to his house in Brook-street ? — Y'es.

When you got there did you see Mr. Andrews?— Yes.

Did he say any thing about the appointment? — Yes. He said the appoint-
ment was certain, ^nd that the gentleman who was to give it would be in town
the next day.

Did he say any thing about the papers ? — He said he would bring the appoint-
ment with him to Great St. Helen's by two o'clock the following day.

Lord Tentei'den. — That is Captain Anstice's office ? — Yes.

Mr. Serjeant Bosanguet. — Did he say any thing about the papers, where they
had been ? — He said he was sorry that we had missed one another the day before;
that we had not met. That he wished to settle the business as much as I did :
that the money would be very useful to his client at that particular time.

Did you learn any thing from him about the cadet papers, where they were or
had been ? — No. He said I must be very secret, and let nothing of the business
transpire to any one.

Did you learn from Mr, Andrews whether the papers had been to the India-
House ? — No. He was to bring the appointment the next day, at two o'clock,
to Great St. Helen's.

At two o'clock did you go there the next day ? — Yes, I went there according
to appointment.

That was Monday? — Yes, Monday the 30th.

Whom did you meet there ? — I waited till four o'clock, and Mr. Andrews did
not come.

Did you see him at all ?— Yes.

When did you see him ? — Some time that afternoon, it must have been. I
waited till four clock. At last he came, and said that his friend, who was
to give that appointment, would be Avith him that evening ; and if Captain
Anstice could call upon him in the afternoon, in his way home to St. John's
Wood Road, the hour of meeting to-morrow (that was the following day) should
be fixed on.

On the next day did you go to Captain Anstice's again ?

Lord



COURT OF KING'S BENCH. 115

LordTenterden. — Now we have got to the first of May ? ^'o>l'"^,

Mr. Serjeant Bosanquet.-^Ye», that would be the first of May. "Bench.*



Yes, I went to Captain Anstice's by appointment.

Mr. Serjeant Bosanquet.—l beg your Lordship's pardon. There was a note
received the 30th of April: it is in the order of time; just look at that note.
Did you receive that note from Mr. Gibbons the 30th April? — Yes, 1 recollect
it perfectly.

The same was handed in and read, as follows : signed " G. H. Gibbons."
"Monument CofFee-House, 30th April 1827; half past four.— Sir : I
" am quite in the dark as to what is going on. I went to Mr. Anstice's
" at three o'clock, being told you were to be there at that time, but did not
" meet you, and after waiting half an hour, was told you had been and
" gone. I was desirous of knowing what vvas likely to be done, as I am
" keeping an infantry appointment open, and the party complains of my
" not giving an answer. I shall expect to see you in the morning, and will
" call here about eleven."
On the 1st of May did you go to Captain Anstice's office? — I did.
Did you see Mr. Andrews there, and was any thing done respecting this
appointment on that day ? — Yes. There was a note arrived at Captain Anstice's
office from Mr. Andrews, which was opened.
In your presence ? — Yes.

"Was Captain Anstice there? — No, it was his partner, Mr. Stubbs, who opened
the note. Captain Anstice happened to be out.
Do you know Mr. Andrews' hand-writing ? — No, I cannot say that I do.
In consequence of any thing that passed in the course of that day, the 1st of
May, did you go any where the following day, the 2d. — Yes.


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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 9 of 17)