Part 19

Tommy and his wife resolved that no expense should be spared over the defence. Mr. Swelling, of Gosport, who had been so very successful on former occasions, was again instructed, and told to lay out as much money as he pleased in briefs to counsel. I reckon that he made a fine thing out of this bold modern smuggler. Four hundred pounds sterling were paid to him on account at starting. Another hundred were given him before the gaol delivery came round; and there was a balance yet to be liquidated, for which, however, the attorney agreed to give time. Now, suppose that he gave Mr. Needy, the indefatigable junior counsel, in all 25_l._ (which is far over the mark), and that Mr. Silkyarn, the eminent leader, got in all 75_l._ (which is a vast exaggeration), allow 50_l._ for the slight further costs out of pocket, and it will be seen that the attorney made a handsome profit. But there was yet a balance to be settled.

The days previous to trial were days of anxiety to the smuggler and his wife. Their intensity, of course, increased as they approached the grand ordeal. At last the day arrived on which, for the fourth time in his life, Tommy Johnson was placed on his trial for smuggling in the Assize Court at Winchester.

Again, to the surprise of his own attorney and counsel, he was acquitted.

The explanation of this miscarriage of justice is easily found. The arrest of Johnson caused a sensation through the entire county of Hants. He was, as I have said, a jovial man, and a kind-hearted fellow, in his way. Rumour spread the story of his dashing adventures far and wide--exaggerating and intensifying their commonplace into wild romance. This alone fascinated the public mind. But again, rumour having taken Tommy Johnson under her protection, just as she wantonly injures so many others, she made the very most she could of his merits. Every single act of kindness he had ever performed was magnified a hundredfold, and the common smuggler became a hero. I verily believe that Tommy Johnson could have got a hundred acquittals, at as many consecutive assizes. I don't believe that a jury could be found to pronounce that awful word guilty to an indictment preferred by the Crown against him.

Tommy Johnson, after his acquittal, returned home, in a condition which an original mind has described as that of a wiser, sadder, and poorer man than he was prior to the last run. He, however, laudably determined not to make another adventure. He would not seek, through new perils, to retrieve his loss. Without any claims to the character of poet himself, he drew philosophy from Hamlet, and resolved to bear the ills he had rather than fly to others which, his lawyers told him, he could not fathom the depths of. He would stick to the safe pursuit of fortune on land, and not tempt the perils of the deep in the way he had done. In one of his soliloquies on this point he observed that he had made money at it, but he was afraid that he had used up his luck. He couldn't stand those long imprisonments, and he couldn't always go on dropping thousands into the hands of the coast-guard and the lawyers. On the whole, he was decidedly of opinion that smuggling was objectionable, on many grounds, and for various reasons; so he did in fact at last resolve to give it up--and he kept that promise.

Mr. Johnson, in less than a fortnight (being so anxious, as he said, to get the affair off his mind) wrote to his attorney to ascertain the exact balance due to that able and worthy man. The lawyer answered by a note, which led Mr. Johnson to call at his office with about 150_l._ in his pocket.

"Well, Mr. Johnson," observed the attorney, stretching out his hands with frigid cordiality, "sit down. I am glad to see you, Mr. Johnson; very glad indeed. I never thought I should have succeeded in getting you off the last time. You owe a great deal to me and to your excellent counsel, Mr. Needy and Mr. Silkyarn."

"Oh, yes; I'm much obliged, sir, I assure you," Johnson interposed, with the hope of abbreviating the homily.

"Of course," continued the lawyer, "I am bound to do the best I can for my client who is in a difficulty. I am glad that I did succeed in getting you off; but prevention is better than cure, you know, Mr. Johnson."

"Of course," exclaimed the impatient client.

"And," the attorney went on to say, "let me give you a bit of sound advice gratis--moral and religious advice, as well as legal--Mr. Johnson. Let me assure you, that although I dare say you think there is no harm in it, it is as wicked to plunder the revenue as it is to rob a private individual."

"I can't see it in that light," said the unconvicted smuggler.

"It is so, upon my honour," replied the attorney. "Think over what I now say. Reflect upon the matter, Mr. Johnson, and you'll see I'm right."

"Well, that's an affair for to-morrow. Let me see, what did you say your balance was, sir?"

"Oh, ah! Well, I said I'd take a hundred guineas in final settlement--that is, a hundred and five pounds, Mr. Johnson."

Johnson counted the money in notes, and handed it to the attorney, who laid it on his table.

A moment's silence followed.

It was broken by the attorney, who did not quite understand the look of the client; and as he feared that Mr. Johnson might be thinking the costs excessive, Mr. Swelling turned the theme.

"Now, I hope the next time you retain my services, they will be needed for some different purpose. I should like to see you make money, and invest it in land or houses, and let me prepare the deeds."

"Yes, sir, you shall, when I can get the money to buy the land and houses."

"Well, till then good by, Mr. Johnson," said the attorney, rising to bow out his client.

"You forgot, sir, I think, to give me a receipt; and I don't think I ever had any for the money I paid you in the prison?"

"Oh, very well, Mr. Johnson. Certainly you can have a duly-stamped receipt, if you please; but I hope you don't suppose that I want to cheat you? I should not like to think you reward my anxious services on your behalf by entertaining such an unjust suspicion of me as that?"

"No, sir. Oh, no. Nothing of that sort. Only, as you were a-saying that it's as wrong to rob the revenue as it is a private individual, I thought (although I don't see things quite in that light) that you ought to give me one."

The attorney's moral philosophy cost him 7_s._ 6_d._

He bit his lip, and sat down; and as penny receipts had not been invented, he wrote on a stamp of the above value a receipt for all the money paid him by the smuggler, who rather enjoyed the joke he had played off on his legal adviser.

SWINDLING ACCORDING TO ACT OF PARLIAMENT.

I think that the merchants and traders of England, Scotland, and Ireland, or the Chambers of Commerce of the United Kingdom, might lay out a fair sum of money in a worse mode than by retaining me to illustrate, through my experience, some defective acts of Parliament, under which, as I have seen, frequent palpable and sometimes gigantic villany is perpetrated. Whether this notion of my usefulness to the mercantile community and the State is justified or not by any thing I can show, the reader may judge from the following, which is one sample of a stock in my recollections.

An honest, struggling, and not rich, but moderately successful, trader in the City of London, not long ago, was told that a certain "firm" (Messrs. Voleur and Enlever), who had offices, or a warehouse, not many hundreds of yards from the Mansion House, and somewhat nearer to the cold abode of Gog and Magog, and who had an establishment in Paris, might do business with him in a certain class of goods. The trader, Mr. Brown, although not able to bear losses, and therefore somewhat cautious, was, at the same time, naturally anxious to do business. He inquired the standing of this firm. His friend could not tell him, but said that other friends of his--Messrs. Downey and Grabble--were traders with these enterprising Parisians; that Downey was the very model of scrupulousness; and that Mr. Brown might go and ask him to say confidentially what he knew about or thought of the Frenchmen. "Downey and Grabble are first-class people, I can assure you. If they say 'right,' all is right; and if they say 'don't,' then I say don't trust Voleur and Enlever, that's all." Brown thanked his friend.

Next day, as a matter of course, Brown called at the London office or warehouse of Voleur and Enlever, which, for geographical definiteness, I may also explain was not far from the High Court of Relief, in Basinghall Street. He had samples of his goods in his pocket. The agent and buyer of the French firm was in his proper place behind the counter.

Firstly a formal explanation and inquiry or two passed between these gentlemen.

"What class of goods do you say you can offer us?"

"Alpacas."

"They will do for the Paris market just now, but we must have them cheap. We don't want long credit."

"They are a job lot. I can offer them low for cash or short credit."

"Our terms are cash at thirty days; but let us see your samples."

The samples were laid on the counter, critically examined by the intended buyer, and approved. Mr. Brown was also content (subject to references) with the thirty days' credit.

"Well," he said, continuing the dialogue, "I am quite satisfied as to the terms of credit; but as this is my first transaction with your house, I should like a reference, which, if quite satisfactory, as I have no doubt it will be, I'll send in the goods at once."

"Oh, that's quite right. Let me see, who shall I give you? Do you know Downey and Grabble?"

"Yes; I know them very well. That reference is quite satisfactory to me."

"Ask _them_, then, what they think of Voleur and Enlever."

Mr. Brown went direct to the counting-house of Downey and Grabble. Both members of the firm were out. He called again, and saw the two members of this very respectable house.

The visitor went direct to the business on which he had called.

"I am told you are dealing with Voleur and Enlever."

"Yes."

"They are good, then?"

"We suppose so," said Downey, in silken tones, "or we should have nothing to do with them;" and as he spoke he turned his eyes upon his partner.

Grabble added, "Perhaps it would be more satisfactory to this gentleman if we showed him our account with the house he inquires about. Here, Clark, let me have the ledger."

The ledger was brought. It showed a large amount as due from Voleur and Co. to Downey and Co.

"I see," said Brown, "that you have confidence in them. You'll, however, excuse my being a little particular. I am a poorer man than you are, and although I am anxious to do business, I must be careful not to make bad debts."

"What goods are they you have to sell?" inquired Grabble.

"Alpacas," said Brown.

"Ah, yes; they are wanted in Paris just now. Voleur's might sell an immense lot of those, I should think. It's a good opening for you."

"What credit do they want?" asked Downey.

"Thirty days," said Brown.

"It's as safe as the Bank. You are sure to get your money at the end of the month. I know both Voleur and Enlever. They are young men belonging to first-class families, and as sound as Copestakes or Morleys."

Brown thanked Downey and Grabble, and went on his way to his own little warehouse, rejoicing in the confident belief that he had done a good day's work--that he had netted a ten-pound note that morning.

The goods were sent in with all convenient speed by Brown to Voleur and Enlever. By their agent the alpacas were not forwarded to Paris,--perhaps because they were needed in the home market. The Paris house had, as Downey and Grabble well knew, a means of disposing of all sorts of textile, or even fictile products, much nearer to the City branch of their operations than the French capital. There was, in the neighbourhood of the London Rialto, "a house" kept by two kind-hearted members of one of the tribes of Israel, in which any conceivable quantity of goods that any other firm or house could buy on credit might be taken care of; and these benevolent Hebrews would at all times not only warehouse the aforesaid goods, but they would also oblige trading Gentiles by advances (of course for a consideration, under the name of interest) up to a certain proportion of the value of these goods. Now, reader, don't call this process by an ugly name. If you have read the former stories in my volume, you will be aware that this mode of disposing of goods is not called pawning. That is an obnoxious word--never breathed among City men, or allowed to taint the air between Temple Bar and Aldgate. This mode of raising cash, and getting off commodities, is called hypothecating. Is it not a nice phrase? The process is undoubtedly sanctified by the title.

Now it so happened that a man who traded in the City of London, and had done business with the firm of Voleur and Enlever, and whose goods had been hypothecated with the Hebrew benefactors, did not admire the process. He had seen his goods, supplied to the enterprising Frenchmen on the strength of one of Downey and Grabble's oral testimonials, safely housed by the Israelites; and he determined that he would exert his utmost power and influence to prevent other men's wares, intended for Paris, from a like diversion of their route. This man, by watching and inquiry, found out that the goods lately belonging to Brown, and now the lawful property of Voleur and Enlever, to do as they liked with, had been sent to the hypothecators. He called upon Brown, who he saw had been made a victim of, and gave explanations which reflected upon the character of the houses of both Voleur and their reference. Brown was a little alarmed, but philosophically remarked that the mischief had been done, and there was no help for it. In fact he yet hoped, on the strength of Downey's testimonial, that the money faithfully promised in thirty days would be paid in due course.

Before the day when Mr. Brown's money became due, the English branch of the house of Voleur and Enlever was shut up; letters addressed to the chief establishment in Paris were returned through the Dead Letter Office. The firm had become dissolved, the house had run away, and no man could discover its whereabouts.

Mr. Brown saw that his money was lost, unless he could make those rascals Downey and Grabble pay. To this point all his thoughts were directed. He felt quite convinced that these "respectable" traders knew all about their Continental friends, and that it only needed a searching investigation to prove the complicity of the houses through whom he had been defrauded.

At this state of the affair I was employed.

My inquiries soon unravelled the whole plot. It turned upon a simple fact; but the surrounding incidents of the narrative were remarkably unique, and interesting to the mercantile community.

In fact Downey and Grabble were in the first place taken in, and nearly done for; to a large amount, by Voleur and Enlever. The persuasion of the Frenchmen had been more than a match for the craft of those Englishmen, who originally hailed from the county of York.

One day--about a fortnight before Mr. Brown's visit to the London warehouse of the Frenchmen--M. Voleur and a fair countrywoman, who was not Madame Voleur, were proceeding along one of the quiet streets of the City, in the afternoon, not many hours before the departure of the tidal train, by which they intended to quit the British metropolis, when that elegant gentleman was tapped on the shoulder in the politest manner by a man who turned out, on further acquaintanceship, to be an officer of the Sheriff of London. The Frenchman was conveyed to the sponging-house over which this officer presided, despite his protests and the lady's tears.

The creditors, Messrs. Downey and Grabble, had made an affidavit that the debtor, M. Voleur, was about to leave the country with the view of hindering and delaying the recovery by them of the money to which they were entitled; and, upon the strength of this oath, one of the learned judges had authorised the detention of the Frenchman until he paid the demand, gave bail for its payment, or liquidated the obligation in bankruptcy.

Messrs. Voleur and Co.'s agent rushed to the office of a skilful attorney, who was instructed to do his best for the prisoner. This gentleman met Mr. Downey and his lawyer in the reluctant lodgings of M. Voleur, that unlucky man being present. A quarrel was cut short, or nearly prevented, by considerations of prudence.

M. Voleur's attorney led the discussion into a practical current by saying to his opponents,

"I tell you plainly, that my client can't put in bail, and he won't lie in prison. If you don't voluntarily release him, I'll file his petition in bankruptcy. It was foolish on your part to lock him up. He can't get the money to pay you while he is here; but if he had his liberty, he might do so. He's a clever fellow, and will not stop yet awhile, unless you are silly enough to stop him. If you let him alone, taking care not to trust him any more yourselves, but not thwarting him or destroying his credit, you may easily float out in the course of a month or two."

Mr. Downey and his attorney were struck by the ingenuity, if not force, of the argument, but not quite persuaded to release the debtor.

"Can you offer us any security?" Mr. Downey's adviser asked.

"No," was the terse rejoinder.

"Then I don't see the advantage of liberating your client," added the creditor's attorney.

The negotiation would have broken off at this point, but for the Frenchman's ready wit. He had a resource. He had a small contingent property in France. It was valuable enough to cover the debt of Downey and Grabble, although not to be easily realised in this country. He did not like to part with this, his only fortune, to a stranger.

A Frenchman is literally and absolutely nothing, if not always sentimental, and occasionally lachrymose.

M. Voleur shed tears when he agreed to part with this little contingent estate to his inexorable creditor; then, having exhausted his natural emotions, he returned to business, and the negotiation was renewed.

It was ultimately settled, on Downey's giving his assurance, upon the honour of a gentleman, that he would afterwards do what he could to prop up the house of Voleur and Enlever--that is, by giving favourable references as to them--he and his partner should have an assignment made to them of this contingent estate. The sentimental Frenchman further stipulated, that when he paid the amount due to Downey and Grabble, as he expected to do very soon, the creditors should re-transfer the estate.

The compact was ratified by solemn pledges of honour.

To save appearances, it was arranged that one of the firm of Downey and Grabble should go to France, pretend to make inquiries about the respectability of Voleur and Enlever, and telegraph back "all right," as an excuse fur the liberation of M. Voleur. The reader will see the necessity for this. Downey and Co. could not venture to speak favourably of the man they had arrested unless some excuse could be found for an altered opinion. Downey and Co. would not, of course, tell any body of the arrest of Voleur, but that ugly fact might withal leak out. How to reconcile the contents of the affidavit, which led the judge to order the Frenchman's arrest, with the subsequent eulogiums, was the moral difficulty to be surmounted.

It is needless to say that the argument of the Frenchman's attorney must not be repeated, and the security they had obtained must not be mentioned. The possession of that document was a palpable sign of a want of that confidence upon which ordinary credit rests. An inquiry on the spot into the respectability of the French house seemed to all parties the most effective way of getting up a show of justification for a good character to be lavished on the swindlers.

Downey started by the next train and boat to Paris. He had for his companion M. Voleur's madame. This little circumstance was not, I believe, mentioned to Mrs. Downey, because she had a jealous disposition.

Within an incredibly short space of time Mr. Downey made all the inquiries he deemed requisite, and was enabled to despatch the welcome message, "all right," by the harnessed lightning, as he promised.

Next day Voleur met Downey in the French capital, and the next and the next were spent in the same place. During this time Voleur and Enlever introduced the English merchant to theatres, cafés, casinos, and more recondite places, by way of further evidence of their respectability, prudence, and commercial trustworthiness.

Downey had gone through all this circle of inquiry, and returned home to London, before Brown called upon him to ask his opinion of the Frenchmen. It is a pity that the respectable British merchants, when they gave Mr. Brown the testimonial by which he lost his goods or his money, did not expose the bases of their faith in Voleur and Enlever. They surely ought not to have concealed the security in their possession, the arrest of their debtor, or a few other small incidents.

I thought the respectable members of the house of Downey and Grabble deserved punishment as criminals. It appeared, however, that no part of the criminal code could touch them. As yet, moreover, it was, on the authority of a lawyer of repute in the City of London, not possible to recover, by an action at law, the value of the goods supplied to Voleur and Co. on the strength of their English reference. But I had not yet finished my investigations.

I soon after this alighted upon a grand discovery. I got hold of all the confidential correspondence between M. Voleur and the English manager of their house. This young man, who had been more sinned against than sinning, also assisted me in tracing the delinquencies of his masters, and their confederates or supporters.

The correspondence was exceedingly interesting. M. Voleur, who was the principal correspondent, knew English as well as his mother tongue, or he was entitled to rank among the highest of French _littérateurs_. The pathos was fine. The letters had such passages as these: "We are in sore distress for money." "Buy goods any where; sell or dispose of them any how; and send us here to Paris the money, or we are ruined quite." Then there were worldly maxims, that would have done credit to Captain Barabbas Whitefeather, such as, "Pay no cash. It's a bad principle. Get every thing on credit." The most unique passages were, however, those in which the Frenchman explained to his English agent how the trade-protection societies were to be managed, hoodwinked, or bribed. In the interests of trade I must, however, conceal this part of the swindle.

It now appeared to me that, by gathering up all the items of fact, and uniting the written with the oral evidence, my case against Downey and Grabble was complete. A solicitor was consulted, and he took counsel's opinion on the matter. That authority pronounced that the evidence would not sustain a criminal prosecution, and in truth Mr. Brown did not much care about that, to him, barren remedy. He wanted to promote the welfare of society in a mode that would recoup his loss. He wanted to compel Downey and Grabble to pay the amount they had induced him, solely by their representations, to trust the Frenchmen. In the way of even this there were, it was thought, some difficulties.