Curious Charge by
" The Protestant Orphan Society " - 1840
Curious charge - The Protestant Orphan Society. - A decent looking man named Francis Warnock, appeared on summons to answer the charge of John G. Strickland, secretary to the protestant Orphan Society. for obtaining a sum of 3/. under false pretenses. The complainant was accompanied by the Rev. Mr. Minchin, honorary secretary of the society, and by the Rev. Mr. Shore. The plaintiff stated that in April, 1839, the defendant went to his office in Sackville street. and with him a female who professed to be the grandmother of boy named Thomas Hill. belonging to the society. The boy was bound to the defendant, and there an agreement that at the end of the first year Of his time he (defendant) was to get 3/. the fee. In May, 1840, that sum paid accordingly, all parties expressing themselves perfectly satisfied ; but he had evidence to prove that the boy had never lived with Mr. Warnock who was a ships carpenter, but had been handed over to another party, and was at present in another place serving his time as a printer. It was admitted that the boy never was with Mr. Warnock. .
Mr. Minchin stated that he had been deputed by society to call on Mr. Warnock to ascertain whether everything was going on well. he did so, and Mr. Warnock acknowledged to him that he had taken the boy out to oblige his mother, and had transferred him to another person. The indenture specified particular that the Child should bound to so and so .
Mr. Warnock - I took out the boy for the purpose of giving him my own trade but the Lad being delicate, and not liking the business in that I was instructing him, I, at the request of his uncle and grandmother, to oblige them, gave the boy up to them.
Mr. Warnock—I did sign the indenture, but I never took any of the money whatever, and the boy was with me when it was got.
Dr, Kelly—Have you got the printed regulations of the sociecty ?
Mr. Minchin—No we have not got them here ; but the conditions are, that the boy serves a particular time, and that the master dues his duty towards him.
Dr. Kelly—have you got the terms' on which the money was paid ?
Witness—No, we have them at home.
Complainant—But the boy and his master both expressed themselves satisfied the first year.
Dr. Kelly - But where is your proof of that. All you are giving us here are mere conversations, which constitute no proof whatever where is evidence that the boy was not with Mr. Warnock ?
Dr. Kelly - but conversations such as you have been stating are not proof. His words are not before us; We cannot entertain the complaint unless you prove it under false pretences he went to you, and obtained an assignment of the boy to it him
Mr. Warnock - I took out the boy for the purpose of giving him my own trade but the Lad being delicate, and not liking the business in I was instructing him. I, at the request of his uncle and grandmother, to oblige them, gave the boy up to them. I never received any part whatever of the money, and the lad is now learning an excellent trade in One of the most respectable establishments in Dublin.
Dr. Kelly—is it because a party gives over to his parents or next friends a boy who after the first year, finds that business does not answer him, the master instructing him in the best manner he is able, you charge that as obtaining money under false pretenses ?
Dr. Kelly - The complainant may have his remedy by action but i greatly doubt whether he will find himself able to make out a case of obtaining money under false pretence he may have an action for breach of contract, but that for another tribunal. The false pretence stated to be the getting of 3/. after the first year but we have no evidence whatever that.
Mr. Minchin - I went to the place where the boy is at present, and he acknowledged to me himself he was bound there.
Mr. John Robinson, a person of highly respectable appearance, and the boy's uncle, said that there was no evidence.
Dr. Kelly— You are perfectly right, it is not evidence. The best evidence would be the boy himself. Will you produce him here on Monday next ?
Mr. Robinson—I will produce the boy at any time, or in any place. to meet this or any charge they may choose to bring ; but this I will say, that is more from a political motive than any other cause that this charge is brought forward and it were not for the fact of the lad happening to be serving his apprenticeship in establishment of the FREEMAN'S JOURNAL. the present charge would never have been brought before this bench.
Dr. Kelly - We shall adjourn the case to Monday, to give Mr Robinson an opportunity of bringing the child here.
Mr Robinson—l will produce the boy, as I have olready stated, at any proper time and place ; but. instead of adjourning the ease, I submit to your worships that we are entitled to have it dismissed, inasmuch as there has been no evidence to support the charge that has been brought forward; and persons in business are not to be losing their time unnecessarily. In my business it is a serious in convenience, and may be attended with loss to me to be brought back and forward here in this way. I therefore pray your worships to dismiss the case.
Dr. Kelly—Certanly, There is no evidence support the charge, and you are therefore entitled to a dismissal.
Mr. Robinson—I shall quite ready, now I repeat it again, to bring the boy forward at any time or place to meet any charge they bring against us.
Dr. Kelly—That it perfectly to the point. This summons is now dismissed.
The parties then left the office. .
:) Freemans Journal - 1840