Regna v David Henry Gilchrist

October 29th, 1841. regina v david henry gilchrtst. (A person was indicted for stealing four warrants and orders for the payment of money In one count they were called " warrants and orders for the payment of money " merely , in another, " warrants and orders for the payment of money, commonly called post-office money orders " ; and in a third count they were described as " four valuable securities, that it to say, four warrants and orders for the payment of money, commonly called post-office money orders." They purported to be signed by the postmaster of Shrewsbury, and were addressed "To the Post-Office, London." The form of the body of them was, " Credit the person named 111 my letter of advice the sum of 5, and debit the same to this office " .-Held, that the instruments were both warrants and orders ior the payment of money : and also that it was not necessary to consider, whether they were in such a form as to require a stamp under the general Stamp Act ; because it was the practice of the post-office to issue them unstamped, and that practice was sanctioned and legalized by the statute 3 &, 4 Viet. c. 98 ) [Subsequent proceedings with annotations, 2 Mood. C C. 233 ] The first count of the indictment charged the prisoner with stealing, on the 20th of September, at the parish of St. Ann and Agnes, four warrants and orders for the payment of money ; to wit, for 5 each, and of the value of 5 each, the property of Edward Williams. The second count described the papers as four warrants and orders for the payment, and of the value, of 5 each, commonly called post-office money orders, and stated them to be the property of Joseph Baker The third count, charged the prisoner with stealing four valuable securities, that is to say, four warrants and orders, commonly called post-office money orders, and described them as the property of her Majesty's Postmaster-General Joseph Baker was called as a witness for the prosecution. He said -" I am a corporal in the 56th regiment of foot. [225] On the 17th of September, I was quartered at the Ship public-house, in Charles-street, Westminster. I have known the prisoner about five weeks. On the 17th of September he wrote a letter for me, for the purpose of my father-in-law sending me 20 to get my discharge ; after he had written it, he read it over ; it appeared to be the letter I had directed him to write ; he did not read this postscript over to me .-' I have changed my place of residence to Mr. Rutt's eating-house, Charles-street, Westminster , so please direct, Mr. Baker, at Mr Rutt's eating-house, Charles-street, Westminster.' He had written eight or nine letters for me before, and the answers were always directed, ' Corporal Bakerf Ship, Charles-street, Westminster.' I expected an answer to this letter on Monday ; he wrote it on Friday ; no answer came for me to the Ship. On the 23rd erf September I went to the place where the prisoner generally lodged, at the Essex Serpent, Charles-street. I found he had left there ; they had not seen him since Monday. I then went to the General Post-Office, and inquired if any money orders h;ad been brought in the name of Baker, and found four orders there. I never authorized the prisoner to receive the orders for me." Eliza, Baker said,-" I am the last witness's wife In September last I was staying with my father, Edward Williams, at Shrewsbury. I received the letter produced while I was there ; and, in consequence of it, I sent to my husband four post-office orders for 5 each ; the orders now produced are those I sent; I sent them to the address mentioned in that letter on Saturday morning, the 18th of September. I got them from the post-office at Shrewsbury, by paying the money there. I put the letter into the post-office about half-past one o'clock on the Saturday. CAR. 6 M. 836. REGINA V. GILGHRIST 483 I signed my husband's name on the orders, because I knew he could not write " Mra...