Conspiracy to defraud?

BIRMINGHAM PUBLIC OFFICE.

YESTERDAY (TUESDAY).

Magistrates present: Messrs. T. C. S. KYNNERSLEY (Stipendiary), C. STURGE, and H. R. COOKSEY.

ALLEGED CONSPIRACY TO DEFRAUD. – Patrick Flanagan (42), upholsterer, Livery Street, and Daniel Lowe, an agent, residing at the Castle Inn, Gosta Green, were charged with conspiring to defraud Mr. Reuben Ford, sawyer and timber dealer, 46, Heneage Street, of a quantity of rails and stakes, value £11., for the purpose of fencing, on the 12th of December last. Mr. Maher prosecuted, and Mr. Francis defended the prisoners. From the evidence it appeared that both prisoners had gone to a Mrs. Hudson, in Cato Street, who has a life interest in the Malthouse Inn, in the same street, and Flanagan asked her if she would accept of him as a tenant of the Malthouse, it having been void for some time past; but she told him that he must speak to the agent, Mr. Edwards, who had the letting of the property. Flanagan accordingly after pressing ineffectually upon Mrs. Hudson to let the premises herself, went to the agent, but it was not arranged to let the house. Flanagan, however, proceeded to the prosecutor’s premises in Heneage Street, and stated that he had taken the malthouse in Cato Street, and wanted a quantity of rails and stakes to fence in the premises, and £11. worth were given him. He then went to Mrs. Hudson’s son and obtained leave to place the rails in the malthouse for a few days, so that when they were sent by prosecutor they were allowed to be placed in the house without any hindrance. In about a fortnight afterwards prosecutor, becoming suspicious, went to the malthouse, when he discovered that Flanagan had not taken the house, and that he had taken the rails away after they had been there a short time. Information was then given to the police, and after about three weeks’ time the prisoners were apprehended by Inspector Kelly. The evidence against Lowe was not considered sufficiently strong to warrant the Bench in committing him for trial, and he was discharged. Flanagan was sent for trial at the Sessions.

(Birmingham Daily Gazette, 3rd February 1869)