The Times 1821 - 1830 Oct 21 1823 Parcel Theft Case #6

Oct 21 1823 Parcel Theft Case #6

The Times, Tuesday, Oct 21, 1823; pg. 3; Issue 12008; col A                               ANOTHER REPORT                     [From the Carlisle Patriot.]                     PUBLIC-OFFICE, TOWN-HALL.     John ALLEN, clerk of the coach-office at Glasgow, was next sworn. He had not previously made any deposition. The way-bill on the the 12th, now produced, is partly in my hand-writing; the entry of the parcel for the Editor of The Times was written by me. I remember that it was brought to the office on the 12th, by Mr. M'ADAM and another man. I saw it put into the box and locked up, and I had the key. There are only two keys; one I keep, and the other is kept in Carlisle, where the box is first opened. Only small parcels are put into this box. I saw those for the Herald and The Times, both put in at the same time. The other clerks and porters could not take out the parcel without my seeing them. Mr. DOWLING. - It is necessary for the magistrates to remember, that the box was broken open by the boy, in Carlisle, on account, as he said, of the key being lost. By Mr. HENSON. - The York parcel omitted was a large one; we frequently omit heavy luggage, when too full, till next day, though entered in the way-bill. The information of Mr. HICKS was then read. He described himself as of Printing-house-square, London, and one of the proprietors of The Times. Mr. PRENTICE, of the Glasgow Chronicle had been directed to forward a report of the dinner given to Mr. BROUGHAM in that city, which report never reached its destination, because, as deponent believed, it had been taken from the mail-coach-office at Carlisle, by Mr. DOWLING. Mr. HENSON. - That's my case. I must leave the question of commitment to the magistrates. Mr. HICKS. - I think it proper to observe that the depositions are in the hands of the editor and other proprietors of The Times, and if they should say any thing in the meantime on this subject, I beg it may not be understood as a violation of the request made by the magistrates here to-day, because I can have no control at this distance. I shall write to-night and acquaint them with what I have promised. The Magistrates retired for about a quarter of an hour, and on their return asked Mr. DOWLING if he had bail, thereby intimating that they thought the case should go before a jury. Mr. DOWLING. - I have no bail here. I have been brought from Birmingham at a moment's notice; I could not consult my friends. I apprehend that bail is not material. No man knows me and my connexions better than Mr. HICKS there, who has often partaken of the hospitality of my father's table. I have a house in town and an office, for which I pay 200 guineas annual rent; I hold a public situation; have a brother a barrister, am well known to most public men in town; and, moreover, have a wife and seven children; therefore no fear can be entertained that I shall evade such a charge as this. So far as assertion goes (though I am aware that my word in such a situation cannot set aside that which has been stated on oath), I solemnly declare that I never saw nor heard of the packet until charged as you now see. I came to Carlisle from Glasgow on the 12th, and sat up all night at the coffee-house, writing out the report of the dinner, in order to send it off by the mail. I could not possibly have any motive for taking such a parcel; it would have been valueless to me; I would rather have seen The Times publish its contents, as I said before, in order to have enjoyed the contrast. Mr. HICKS. - I beg to observe that Mr. DOWLING's statement as to his connexions and respectability is perfectly correct, and that I never heard any thing to his prejudice till this charge. We wish not to do any thing harshly. Mr. HENSON said he should not object to Mr. SAUL being his client's bail; and Mr. SAUL accordingly entered into recognizance in 30L. Mr. DOWLING also gave personal recognizance, and the witnesses were bound over to appear. Finally it was agreed that the trial should not come on at the county sessions which commenced at Penrith on Tuesday. Mr. HENSON said he would prefer his bill; and if found, he would not then oppose Mr. DOWLING's motion for a postponement to any future time. If the other side chose, he would let the trial take place at the next assizes. The reason why Mr. DOWLING was apprehended at Birmingham, Mr. HENSON stated, was this - the warrant was sent to London, where they thought Mr. DOWLING was, and having been put into the hands of RUTHVEN, he deemed it his duty to follow Mr. DOWLING to that town, and to bring him to Carlisle, where he knew he (Mr. HENSON) and Mr. HICKS were. There was no wish to annoy Mr. DOWLING, nor to deprive him of every assistance that he might be able to procure. Both parties proceeded to the Quarter Sessions, which commenced at Penrith (18 miles from Carlisle) on the following day. Mr. DOWLING and his Solicitor were on the alert. They went before the grand jury as soon as they entered  upon their duties, and preferred a bill against all the parties mentioned in the public-office investigation for a conspiracy. Mr. DOWLING himself addressed them with considerable effect, reiterating his complaint of malicious prosecution on account of successful rivalry, and urged them to cross-examine the boy MURRAY with great care, in order to detect the inconsistencies and improbabilities of his story. After the way had thus been skilfully prepared, the prosecuting party came up with their bill; the examination was a rigid one; and the result, that both were thrown out. Mr. DOWLING hailed his triumph with great glee: in the exultation of the moment, he even threw up his hat in court. On Wednesday morning he left Penrith for London. From certain expressions which escaped the defeated prosecutors, we are led to conclude that the business will not end here.                                              ______________________  The following year, DOWLING took Mr. HICKS to court for malicious prosecution - that article will follow later.

 

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