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![handle is hein.slavery/ssactsengr0583 and id is 1 raw text is: IV. c. 29, s. 8, concerning sending threatening letters, &c., apply to the money
demanded, and not to the accusation threatened to be made.)
[Considered, R. v. Dymond, [1920] 2 K. B. 260.]
The prisoner was indicted for feloniously sending to one J. H. a certain letter,
demanding money from her, with menaces, against the statute, &c. (a)1.
The letter sent by the prisoner to the prosecutrix was signed with the name of
Bell, saying, amongst other things, that she must know that he had been at great
expense in watching her movements, adding, Will you pay me for the expense and
trouble I have been at, and keep all a secret; or will you refuse to pay me and have
all your friends know your mishaps ? After alluding, in threatening and mysteri-
ous language, to some facts injurious to her reputation, of which he stated himself to
be in possession, he told her that if she did not write by twelve o'clock on a certain
day, he would explain all to her father and brothers, and all her friends ; he further
wrote, Besides, the Editor of the Satirist newspaper would gladly purchase a
secret so well authenticated as mine.
The prisoner, afterwards, sent a letter to the father of the young lady, in the name
of Hamilton, which letter began thus :- Sir,-I beg to inform you that I have
received instructions from Mr. Robert Bell, of George-street, to subpona a daughter
of yours, Miss J- H- , as a witness against a brothel in this street, which Mr.
Bell, and others, have authorized me to indict at the ensuing session, and which
brothel your daughter has frequently visited during the last two months, in company
with an of-[213]-ficer who will also have to appear as a witness for the prosecution.
The young lady was not produced as a witness at the trial, and it was proved that
she was unable to attend from illness. On the part of the prisoner, it was suggested,
that, as the fact of her having gone to the brothel mentioned in the letter was not
negatived, it could not be concluded that the prisoner had not reasonable and prob-
able cause for the accusation he threatened to make, so as to bring him within the
provisions of the Act of Parliament.
Rolfe, B. (Williams, J., being present), on summing up, told the jury, that, in his
opinion, the words reasonable and probable cause, as used in the Act of Parlia-
ment, clearly applied to the money demanded, and not to the accusation constitut-
ing the threat; and that if the lady had, in fact, gone to the brothel, it would not
have made any difference in the case.
Verdict-Guilty.
Clarkson and Bodkin, for the prosecution.
Ballantine, for, the prisoner.
[Attornies-Humphreys & Co., and .]
September Session, 1843, before Mr. Justice Cresswell.
Sept. 23rd, 1843.
REGINA V. AMELIA TAYLOR.
(A post-dated cheque is an order for the payment of money within' the meaning of
the statute 11 Geo. IV. & 1 Will. IV. c. 66, relating to the forging and uttering
of orders for the payment of money, &c.)
[Referred to, R. v. Hewitt, 1848, 13 J. P. 23.]
The prisoner was indicted for forging and also for uttering, on the 28th of August,
a forged order for the payment of the sum of £2, 10s., with intent to defraud Richard
Francis Adams.
[214] The instrument was a banker's cheque, purporting to be drawn by W.
Watkins, upon the house of Dimsdale & Co. It bore date the 29th of August, and
was given to the prosecutor by the prisoner on the 28th of August.
Ballantine, for the prisoner, objected that it was not an order for the payment of
money, as it was post-dated (a)2. He submitted, that, in order to convict the prisoner,
(a)' 7 and 8 Geo. IV. c. 29, s. 8, which enacts that if any person shall knowingly
send or deliver any letter or writing, demanding of any person, with menaces, and
without any reasonable or probable cause, any chattel, money, or valuable security;
or if any person shall accuse, or threaten to accuse, or shall knowingly send or deliver
any letter or writing, accusing, &c., such offender shall be guilty of felony.
(a)2 By the provisions of the Stamp Act, 55 Geo. III. c. 184, Every person who
shall make and issue, or cause to be made, &c., any bill, draft, or order, payable to
780
1 CAR. & K. 213.
REGINA V. TAYLOR](ViewImageLocal?handle=hein.slavery/ssactsengr0583&div=1&collection=&method=preview&ext=.png&size=3)