A Treatise on the Police of the Metropolis Part 23

Aided by a well-regulated and energetic system of Police that might pervade the whole Metropolis, how easy would it be, to compel these large dealers to abandon the trade? The measure of watching their houses day and night, would cost no great sum, and would embarra.s.s the thieves and burglars, more than any other system that could be pursued.

It rarely happens that thieves go upon the highway, or commit burglaries, until the money they have previously acquired is exhausted. Having laid their plans for new depredations, negociation is frequently entered upon with the most favourite Receiver, who (to use their own language) is likely to be _staunch_, and to keep their secrets.--The plan is explained.--Some liquor is drunk to the good luck of the enterprize, and the hour fixed when they are to return with the booty: if plate is expected, the crucible is ready in a small furnace, built for the purpose, instantly to melt it, and arrangements are made for the immediate concealment of the other articles.--Of the nature of these previous arrangements, something has already been said in Chap. IV. on Burglary and Highway Robbery.

There are, however, exceptions to this rule, where the Receivers are not trusted till the booty is acquired; and where it is in the first instance removed to the houses of the thieves, or to those of some of their friends; but it seldom remains longer than may be necessary to obliterate the marks: for money must be procured. Most thieves are improvident; their wants are therefore pressing--they _must_ sell--the Receiver knows this and makes his own terms;--and he of course enjoys by far the largest share of the profit.

The plunder thus purchased, finds a ready vent through the extensive connections of the Jew dealers, both in this Country and upon the Continent: and from the facts already stated in the course of this Work, it may easily be conceived that the trade is not only extensive, but that the profit is immense, since it rarely happens (except in the articles of plate,) that thieves receive to the amount of above one-third; or one-fourth of the value of what is stolen.

The ma.s.s of the Receivers of stolen property in and near the Metropolis, (exclusive of those more immediately concerned in River-plunder, as stated in Chapter VIII. on that subject,) may be cla.s.sed in two divisions:

"1. The Dealers already mentioned, as immediately connected with professed and notorious thieves, and who are their princ.i.p.al supporters, especially when apprehended and under prosecution. Many of these have themselves been originally thieves upon the town, _acquitted, pardoned, or discharged from the hulks_: who prefer the trade of a Receiver as less hazardous and more profitable, than that of a thief; and to conceal the fraud frequently set up _Chandlers-Shops_, _Coal-Sheds_, _Potatoe-Warehouses_, or _Old Iron-Shops_, and not seldom become _Masters of Public Houses_, that they may appear to have some _visible_ means of obtaining a livelihood. Those who have not been originally thieves generally keep shops in different branches of trade, some of whom are very opulent.

"2. The Dealers in _Old Iron and other Metal--Rags--Old Wearing Apparel--Buyers, Refiners, and Workers of Gold and Silver--Dealers in Second-hand Furniture, and Building Materials, and that Cla.s.s of Sharping p.a.w.nbrokers who have connections with criminal people_.

"The Dealers last mentioned are extremely numerous, and amount to several thousands in the Metropolis alone, some of whom are _innocent Receivers_, not aware that they are purchasing stolen articles;--others, _careless Receivers_, asking no questions, and purchasing every thing that is offered:--but a large proportion of _criminal Receivers_, who purchase every thing that is offered _in the way of trade_; well knowing, from the price and other circ.u.mstances, that the property was originally stolen."

As the Laws now stand, (numerous, and pointed as they appear to be) it has been found from experience, that neither of these cla.s.ses can be easily reached; and hence it is that they have multiplied in so great a degree, (particularly the small Receivers) within the last twenty years, and may even be said to have reigned with impunity.

For the purpose of suggesting an effectual legislative Remedy, it will be necessary to examine shortly the laws now in being, which are applicable to this peculiar offence.--

By the Statute of the 3d and 4th of William and Mary, cap. 9, it is enacted, "_that Receivers of stolen Goods, knowing them to be stolen, shall be deemed Accessaries after the fact_."

But this offence being dependent on the fate of the Princ.i.p.al--a Receiver, thus circ.u.mstanced, could not be tried till after the conviction of such Princ.i.p.al; so that, however strong and conclusive the evidence might be, the Receiver was still safe, unless the Thief could be apprehended--and even if apprehended and put upon his trial, if acquitted through any defect of evidence, the Receiver, (although he had actually confessed the crime, and the goods found in his possession, could be proved to have been stolen,) must be acquitted:--this offence also, even if completely proved, applied only to capital felonies, and _not to petty larceny_.

These defects were discovered, and partly remedied by the Statutes 1 Anne, cap. 9; and 5 Anne, cap. 31, which enact, "_That Buyers and Receivers of stolen Goods, knowing them to be stolen, may be prosecuted for a misdemeanor, and punished by fine and imprisonment; though the Princ.i.p.al be not previously convicted of felony_."

This Act, 5 Anne, c. 31, also greatly improved the Laws applicable to this species of offence by _empowering the Court to subst.i.tute a corporal punishment instead of fine and imprisonment; and by declaring, that if the felony shall be proved against the Thief, then the Receiver shall be taken as Accessary, and shall receive judgment of death; but the benefit of Clergy is reserved_.

The Laws being still found insufficient, the Statute of the fourth of George the First, cap. 11, enacted, "_That Receivers of stolen Goods, knowing them to be stolen, should, on conviction, be transported for fourteen years; and that buying at an under value should be presumptive evidence of such knowledge_:--and the same statute _makes it felony (according to the nature of the felony committed in stealing the Goods) for any person directly or indirectly to take a reward for helping any person to stolen Goods; unless such person bring the felon to his trial, and give evidence against him_."

But these amendments also proving ineffectual, and not being found to apply immediately to persons receiving stolen _lead, iron, copper, bra.s.s, bell-metal or solder_ taken from buildings, or from s.h.i.+ps, vessels, wharfs, or quays--It was enacted by the 29th of George the Second, cap. 30, "_That every person who shall buy or Receive such articles, knowing the same to be stolen, or who shall privately purchase these respective metals by suffering any door, window, or shutter, to be left open between sun-setting and sun-rising, or shall buy or receive any of the said metals in any clandestine manner, shall, on conviction, be transported for fourteen years, although the princ.i.p.al felon has not been convicted_." Sec. 1.

The same Act _empowers one Justice to grant a warrant to search in the day time for such metals suspected to be stolen, as by the oath of one witness may appear to be deposited or concealed in any house or place_; and if goods are found, the Act goes so far as _to empower two Justices to adjudge the person having the custody of the same, guilty of a misdemeanor, if he cannot produce the party from whom he purchased, or give a satisfactory account how they came into his possession; and the offender shall, for the first offence forfeit 40s. for the second 4l. and for every subsequent offence 6l._ Sec. 2; 6.

This Act also _empowers officers of justice (and watchmen while on duty) to apprehend all persons suspected of conveying any stolen metals, as already described, after sun-set or before sun-rise; and if such persons cannot give a good account of the manner in which they were obtained, two Magistrates are in like manner authorized to adjudge them guilty of a misdemeanor, and they forfeit forty s.h.i.+llings, &c._ Sec. 3; 6.

_The persons also to whom such articles are offered for sale or to be p.a.w.ned, where there is reasonable ground to suppose they were stolen, are empowered to apprehend and secure the parties and the materials, to be dealt with according to law. And if it shall appear even on the evidence of the thief, corroborated by other testimony, that there was cause to suspect the goods were stolen, and that the person to whom they were offered, did not do his duty in apprehending the person offering the same, he shall be adjudged guilty of a misdemeanor, and forfeit twenty s.h.i.+llings for the first offence: forty s.h.i.+llings for the second, and four pounds for every subsequent offence_, Sec. 5, 6.

And so anxious has the Legislature been to suppress the evil of stealing and receiving metals, that the 8th Section _ent.i.tles the actual Thief to a pardon, on the discovery and conviction of two or more of the Receivers_. And the 9th Section _screens from prosecution any person stealing such metals, who shall discover the Receiver to whom the same were delivered, so as a conviction may follow_.--In spite, however, of these numerous and apparently effectual checks, it is to be lamented that the evil has continued to increase.

In the following year it was provided by the Act 30th of George the Second, cap. 24, _that it shall be lawful for any p.a.w.nbroker, or any other dealer, their servants or agents, to whom any goods shall be offered to be p.a.w.ned, exchanged, or sold, which shall be suspected to be stolen, to seize and detain the persons offering the same, for the purpose of being examined by a Justice; who is empowered, if he sees any grounds to apprehend that the goods have been illegally obtained, to commit the persons, offering the same, to prison for a period not exceeding six days; and if on further examination, the Justice shall be satisfied that the goods were stolen, he shall commit the offender to prison, to be dealt with according to Law; and although it may, under such circ.u.mstances, afterwards appear that the goods in question were fairly obtained, yet the parties who seized the supposed offender shall be indemnified_.--Sec. 7, 8.

It would have been useful if the principles of the first of these excellent acts had extended to every kind of goods and chattels, _horses_, _cattle_, _money_, and _Bank-notes_,[76] as well as to the metals therein described. Indeed it is to be lamented, that the System has not been to look at great features of abuse in _the gross_, so as to meet every existing evil at once. Thus another partial Statute was made, 2 George III. _c._ 28, extending the provisions of the 29th Geo.

II. _c._ 30. to goods, stores, or materials taken from s.h.i.+ps in the River Thames, by enacting, "_that all persons purchasing such goods, knowing them to be stolen, or receiving the same in a concealed or clandestine manner between sun-setting and sun-rising, shall be transported for fourteen years, although the princ.i.p.al felon be not convicted_:" but by the wording of this Act, it is doubtful if it applies to receiving goods stolen from vessels not afloat in the river.[77]

[Footnote 76: Vide Page 9.]

[Footnote 77: It was held in the trial of Moses Pike, at the Old Bailey, in May, 1784, that to steal from a Barge aground in Limehouse-Dock, was not within the meaning of the Act of 24th of George the Second, cap. 45, which makes it felony to steal from any vessel or craft upon a Navigable River, &c.]

The next Statute applicable to the Receivers of stolen goods, is the 10th of George III. cap. 48, by which it is enacted, "_that every person who shall buy or receive any jewels, gold, silver, plate or watches, knowing the same to be stolen, where such stealing was accompanied by a burglary or highway robbery, may be tried as well before as after the princ.i.p.al felon is convicted; and whether he be in, or out of custody; and if found guilty, shall be transported for fourteen years_."

Eleven years after pa.s.sing of the above mentioned Statute, the Legislature, appearing to be impressed with the great extent of the depredations committed by persons stealing _pewter pots_, and desirous to punish the Receivers, the Statute of the 21st of George the Third, cap. 69, enacts, "_that every person who shall buy or receive any pewter pot or other vessel, or any pewter in any form or shape whatsoever, knowing the same to be stolen, or who shall privately buy or receive stolen pewter, in a clandestine manner, between sun-setting and sun-rising, shall on conviction, be transported for seven years, or detained in the House of Correction, at hard labour for a term not exceeding three years, nor less than one; and may be whipped not more than three times; although the princ.i.p.al felon has not been convicted_."

In the following Session of Parliament, the Statute 22 George III. c.

28. (said to have been framed by an able and experienced Lawyer and Magistrate),[78] removed many of the imperfections of former Statutes, and particularly that which respected Petty Larceny; by enacting, "_that where any goods (except lead, iron, copper, bra.s.s, bell-metal, or solder, the Receivers of which are punishable under the_ 29th George II. c. 30. _noticed before, p. 295.) have been stolen, whether the offence amount to Grand Larceny, or some greater offence, or to Petty Larceny only; (except where the offender_ has been convicted _of Grand Larceny, or some greater offence; when the Receiver must be prosecuted as an Accessary, and under the 4th_ George I. c. 11, _may be transported for fourteen years_; see page 295.)--_Every person who shall buy or receive the same, knowing them to be stolen, shall be guilty of a misdemeanor, and punished by fine, imprisonment, or whipping, as the Quarter Sessions, who are empowered to try offenders, or any other Court before whom they shall be tried, shall think fit, although the Princ.i.p.al be not convicted; and if the felony amounts to Grand Larceny, or some greater offence, and the person committing such felony has not been before convicted, such offender shall be exempted from being punished as Accessary, if the princ.i.p.al shall be afterwards convicted_."--Sect. 1.

[Footnote 78: Mr. Serjeant ADAIR, then Recorder of London.]

This Act also empowers _one Justice to grant a warrant to search for stolen goods in the day time, on oath being made that there are just grounds of suspicion; and the person concealing the said goods, or in whose custody they are found, shall in like manner be guilty of a misdemeanor, and punished in the manner before-mentioned_.--Sect. 9.

The same Act extended the powers granted by former Acts relative to metals, _to any other kind of goods: by authorizing peace officers (and also watchmen while on duty) to apprehend all persons suspected of carrying stolen goods after sun-setting and before sun-rising, who shall, on conviction, be adjudged guilty of a misdemeanor, and imprisoned, not exceeding six, nor less than three months_.--Sec. 3.

Power is also given by this Act _to any person to whom goods, suspected to be stolen, shall be offered to be sold or p.a.w.ned, to apprehend the person offering the same, and to carry him before a Justice_.--Sec. 4.

And as an encouragement to young Thieves to discover the Receivers, the same Act provides, _That if any person or persons being out of custody, or in custody, if under the age of 15 years, upon any charge of felony, within benefit of Clergy, shall have committed any felony, and shall discover two Receivers, so as that they shall be convicted, such Discoverer shall have pardon for all felonies by him committed before such discovery_.

These various Acts of Parliament prove how very prominent the evil of receiving stolen goods has been in the view of the Legislature.--It is to be lamented however, that a more general and comprehensive view has not been taken of the subject, by subst.i.tuting, instead of the piece-meal System which has been from time to time adopted, on suggestions applicable only to particular cases, _one general law that should have embraced every object_, and remedied every defect in the existing Statutes, on this important subject of criminal jurisprudence.

That these Laws, numerous as they are, and applicable as many of them appear to be, have not been in any degree effectual, is clearly manifested by the unquestionable increase of the evil, even to an extent beyond all calculation.

Under such circ.u.mstances, where the Receiver is in reality the greatest offender, and even the source from whence most of the burglaries and highway robberies have their origin, the Thief being not seldom his pupil--_Why should not the Receipt of Stolen Goods be made an original offence?[79]--Why should not the rewards for detection, and the punishment on conviction, be the same, in the case both of the Receiver and the Thief?_

[Footnote 79: The general rule of the ancient Law is this;--that Accessaries shall suffer the same punishment as Princ.i.p.als. If one be liable to death, the other is also liable. BLACKSTONE.

In France, (before the Revolution) the offence of receiving stolen goods was punished with death.]

In contemplating the best means of preventing depredations upon the public, the simplest and perhaps the most effectual mode would be to _make a stand at this particular point_; by bending the attention _wholly_ to the means of destroying effectually _the trade of Receiving stolen goods_; under the fullest conviction that by accomplis.h.i.+ng so valuable a purpose, thieving and swindling in all its branches would also be, in a great measure, destroyed.

It is believed, that this object (difficult as it may appear) is attainable, by well digested applicable laws, containing and enforcing such regulations as would ensure a full and energetic execution.

The importance of a measure of this kind is so immense, that if even a considerable part of one Session of Parliament were employed in devising and legalizing a proper System, it would be time well and usefully spent for the benefit of the Country.

The obvious means of remedy seem to lie within a narrow compa.s.s. The first point to be obtained is the _Licensing_ all those dealers (some of them already particularized in pages 292, 293), whose various branches of trade are friendly to the encouragement of depredations; and the putting them under the control of the _Central Board of Police_, in the manner stated more fully in the concluding part of this Work.--

The next step must be to consolidate and improve the Laws now in being, relative to _Receivers of stolen goods_; by an arrangement which shall render the whole _clear_ and _explicit_, and applicable to all the evils which have been felt to exist.

And lastly to make the following additions to these Laws:

"1. To make the receiving stolen goods an _original offence_; punishable in the same manner, in all cases, as the princ.i.p.al felony is punishable by Law.

"2. The offence of receiving _money, bank notes, horses, cattle, poultry_, or _any matter_ or thing whatsoever, to be the same as receiving goods and chattels.

"3. The persons committing any felony or larceny to be competent to give evidence against the Receiver, and _vice versa_; Provided that the testimony and evidence of such Princ.i.p.al Felon against the Receiver, or the evidence of the Receiver against the Princ.i.p.al Felon, shall not be of itself sufficient to convict, without other concurrent evidence: and that the offenders so giving evidence shall be ent.i.tled to his Majesty's pardon, and also to a reward of from 10_l._ to 50_l._ as hereafter mentioned; unless they shall be found guilty of wilful and corrupt perjury.--_By this means the Thief will be set against the Receiver, and the Receiver against the Thief._

"4. That rewards be paid for the detection and apprehension of Receivers as well as Thieves, in all cases whatsoever, according to the discretion of the Judge; _whether there shall be a conviction or not_; which reward shall not be less than _ten_ and may extend to _fifty pounds_.

"5. That the various cla.s.ses of dealers to be licensed shall enter into recognizance for their good behaviour: and that no licences be granted to persons having been convicted of felony or perjury, nor to any but such as can obtain and produce a certificate of good character.

"6. That all such licensed dealers, as also _Publicans_, _p.a.w.nbrokers_, &c. shall be subject to a penalty for concealing any stolen goods which may come into their possession, after the same are advertised;--or punished with transportation, if it can be made appear that such goods were purchased at an under value, being known to be stolen.