THE QUEEN v JOHN VANDERSTEIN and Others

• Jurisdiction: Ireland
• Judgment Date: 22 August 1865
• Date: 22 August 1865
• Court: Court of Criminal Appeal

Crim. Appeal.

Coram LEFROY, C. J., MONAHAN, C. J., PIGOT, C. B. KEOGH, O'BRIEN, HAYES, JJ., FITZGEALD, B., FITZGEALD, J., DEASY, B., and O'HAGAN, J.

THE QUEEN

and

JOHN VANDERSTEIN and Others.

Rex v. Clinch 2 East, Pl. of Cr. 938.

Rex v. Ansel 8 C. Cr. C. 409.

Rex v. RuhsworthENR R. & R. 317.

Regina v. LockettUNK 2 East, P. C. 940.

Rex v. Gilcreest 2 M. C. C. 233.

Rex v. Baker 1 Moo. C. C. 231.

Rex v. VivianENRENR 1 C. & K. 719; S. C., 1 Den. C. C. 65.

Rex v. Ferguson 1 Cox's C. C. 241.

Rex v. KellyENR R. & R. 421.

Rex v. King Ibid, 332.

Rex v. SoaresENR R. & R. 25.

Rex v. DavisENR R. & R. 113.

Rex v. BadcockENR R. & R. 249.

Rex v. Loughran 3 Cr. & D. 233.

Rex v. RushworthENR R. & R. 317.

Rex v. Lockett Leechm. 94.

Gilcreest's caseENR C. & Marsh, 224.

Rex v. Ferguson 1 Cox C. C. 241.

Rex v. RichardsENR R. & R. 193.

Rex v. RandallENR R. & R. 195.

Rex v. ElseENR R. & R. 142.

Regina v. GreenwoodENR 2 Den. C. C. 453.

Rex v. SkerrittENR 2 C. & P. 427.

Rex v. MillsENR 7 C. & P. 665.

Regina v. RushworthENR R. & R. 317.

Rex v. Thorn 2 Moo. C. C. 210.

Rex v. Owen 1 M. C. C. 96.

Ferguson's case 2 Moo. 233.

Rex. v. RavenscroftENR Russ. & Ry. 161.

Rex. v. TurpinENR 2 Car. & Kir. 820.

Regina v. ThornENR 2 Mood. C. C. 210.

Regina v. RobertsENR 2 Mood. C. C. 258.

Rex v. Ellor 1 Leach. C. C. 363.

574 COMMON LAW REPORTS. T. V. 1865. Crim. Appeal. COURT OF CRIMINAL APPEAL. Aug. 18, 19, THE QUEEN v. JOHN VANDERSTEIN and Others.* 22. V. was in- THIS was a case reserved by the LORD CHIEF JUSTICE OF THE dieted for ut tering certain COMMON PLEAS and Mr. Justice O'BRIEN. The case stated con-forged orders for the pay_ tained the following facts :- ment of money, John Vanderstein, alias John Hamilton, William Harris, and and convicted. He had frau Charles Somerville, were tried at the last Commission for the dulently ob tained certain county of the city of Dublin, on an indictment that they, on the 28th forms of post office orders of June 1865, feloniously did offer, utter, dispose of, and put off from the office at N. ; and five certain forged orders for the payment of money, to wit, five also some with the N. stamp forged post-office money orders, each for the payment of £10, with affixed. These orders, being intent thereby then to defraud; they, the said John Vanderstein, filled up and signed G. ,T,, William Harris, and Charles Somerville, at the time they so offered, " pro-post master," there uttered, and put off the said five forged orders for the payment of being no one of the name of each money, each for the sum of £10, well knowing of same to be G. J. at N., feloniously forged, against peace and statute, &c. It was clearly were uttered by V. in pay- proved that, in the month of May last, the prisoner Vanderstein came ment for goods at D. No let- to the post-office at Nether-stowey, near Bridgewater, in SomerÂters of advice were for- setshire, England, and by pretending to the postmaster, Mr. Samuel warded to D. Held (dubi- Whedden, that he was an officer sent from the London post-office tante PIGOT, C. B.), that to investigate some complaints alleged to have been made, obtained V. was rightly convicted. from him, in order that same might be cancelled, a book containing H. and S. 200 blank money orders. He also obtained from him some with the were joined in the same indictment and convicted. They had gone to the shop where V. uttered the orders, remaining outside in a cab, so situated that they could not see or be seen by the people in the shop. They had previously accompanied V. to another shop, where he failed to get change for the orders, and they assisted V. in taking away the goods obtained at the second shop. Held, that, though they were not in the cab for the purpose of taking part in aiding or assisting in the actual act of uttering, they were rightly convicted. COMMON LAW REPORTS. 575 Nether-stowey stamp affixed, and also one signed order on Charing- T. V. 1865. im. Appeal. cross post-office, for which he paid the amount, 2s. 6d. It was Cr QUEEN THE then proved that on the 28th of June, about two o'clock in the v. afternoon, the prisoner Vanderstein came to the shop of Messrs. VANDERSTEIN Todd & Burns, in Mary-street, in this city, stating himself to be Captain Hamilton, and purchased a number of silk dresses, which he stated he wanted for his sister, and a trunk, which he directed them to be packed in, and that he would call and take them away, and pay for them, in the evening. The three prisoners called at the tavern of Mr. John Burgess, in Great Britain-street, about seven o'clock on the same evening, and having had a small quantity of sherry at the bar, thought it so good that they sent for Mr. Burgess to know whether he could let them have a dozen of it, and on his stating that he could, the prisoner Vanderstein asked him to change a £10 post-office order, which he stated he had that day received from England, but was late to get the amount at the post-office. Mr. Burgess having stated he had not sufficient money, Vanderstein offered him £1 if he would get it changed for him. Mr. Burgess took the order to some of the neighbouring shops, but none of those he applied to wished to take it ; and on his stating his inability to get change for it, either Harris or Somerville said it was of no consequence, " as he or I can change it." Of course the dozen of sherry was not bought. No further evidence was given as to the particulars of the £10 order so attempted to be passed, and this transaction was not the subject of the present indictment. A clerk in the employment of Todd & Burns happened to be at Mr. Burgess's while the prisoners were there, and saw what occurred. Shortly after leaving Mr. Burgess's, about eight o'clock in the evening, the prisoner Vanderstein came to the shop of Todd and Burns, the other two prisoners remaining outside in a cab, so situated that they could not see or be seen by the people in the shop. Vanderstein stated to the clerk in the shop that he had come for the goods laid aside for him ; that he had that day received from his father, Mr. William Hamilton, who resided near NetherÂstowey, £50 in post-office money orders ; that on inquiring at the post-office he found he was late to obtain payment of them that day, 576 COMMON LAW REPORTS. and as he was anxious to be able to leave Dublin early next mornÂing, he would be much obliged by the cashier changing them for him, who, thinking all was right, agreed to do so, and accordingly the prisoner Vanderstein gave to him the five orders, the subject of the present indictment, each for £10, and having the Nether-stowey stamp, dated the 26th of June, directed to the post-office, Dublin, requiring that office to " pay to the person named in my letter of advice the sum of £10," purporting to be signed by G. Jones, pro-postmaster, with the name of John Hamilton signed to the receipt for the amount, which he stated was his name, and to whom the orders were payable. In exchange for the orders so passed; he received from the clerk at Todd & Burns's the goods and trunk laid aside for him in the early part of the day, and £20 in gold, he having paid some few shillings change to balance the account on one of the orders. He wrote, " From William Hamilton," to designate the person who forwarded them. Immediately on getting the trunk with the purchased goods in it, Vanderstein had it brought to the cab in which the other two prisoners were waiting for him, and...