Patrick Colquhoun

Reasons assigned why forgeries and frauds must prevail in a certain degree, wherever the interchange of property is extensive.—A considerable check already given to the higher class of Forgeries, by shutting out all hopes of Royal Mercy:—Petty Forgeries have however increased:—The Reason assigned.—The qualifications of a Cheat, Swindler, and Gambler explained.—This mischievous class of men extremely numerous in the Metropolis.—The Common and Statute Law applicable to offences of this nature explained.—The different classes of Cheats and Swindlers, and the various tricks and devices they pursue, to enable them to live in idleness, by their wits.—Sharpers, Cheats, and Swindlers, divided into eighteen different Classes—1st. Sharpers who become Pawnbrokers.—2d. Sharpers who obtain Licence as Hawkers and Pedlars.—3d. Swindlers who open shops as Auctioneers.—4th. Swindlers who pretend to discount Bills.—5th. Itinerate Jews.—6th. Cheats who sell by false Weights and Measures.—7th. Swindlers who defraud Tradesmen of Goods.—8th. Cheats who take Genteel Lodgings with false Names, &c.—9th. Cheats who personate former Masters to defraud their Tradesmen.—10th. Cheats who personate Footmen, and order Goods from Tradesmen.—11th. Cheats and Sharpers who deceive Persons from the Country.—12th. Cheats and Sharpers who trick Shopmen and Boys out of Parcels.—13th. Sharpers who attend Inns to pick up Parcels by various tricks and devices.—14th. Cheats who go from door to door, begging on false Pretences.—15th. Sharpers selling smuggled Goods; known by the name of Duffers.—16th. Female Sharpers, who attend Court and Public Places.—17th. Female Bankers who lend money to Barrow-Women at 6d. a day for Five Shillings.—18th. Cheats who pretend to tell Fortunes.—Various Remedies suggested.

IN a great Metropolis, like London, where trade and commerce have arrived at such an astonishing height, and where from the extensive transactions in the Funds, and the opulence of the People, the interchange of property is so expanded, it ceases to be a matter of wonder that Forgeries and Frauds should prevail, in a certain degree:—the question of difficulty is, why the Laws and the means of prevention, have not kept pace with the progressive advancement of the Country; so as to check and keep within bounds those nefarious practices?

Forgeries of the higher class, so dangerous in a commercial country, have by the wise policy of the Executive Government, in shutting out all hopes of the extension of the Royal Mercy to the guilty, received a most severe check: beneficial in the highest degree to the country, and clearly manifested by the records of the Old Bailey, where trial for offences of this nature certainly do not increase in number.

But it is to be lamented, that, with regard to petty forgeries and frauds, this is by no means the case, for they seem to multiply and advance with the opulence and luxury of the country; and to branch out into innumerable different shades, varying as the fashions of the year, and as the resources for the perpetration of this species of fraud change their aspect.

When those depraved people who (to use a vulgar phrase) live entirely by their wits—find that any tricks which they have practised for a certain length of time become stale, (such as pricking the belt for a wager, or dropping the ring) they abandon these; and have recourse to other devices more novel, and more likely to be effectual in cheating and defrauding the unwary.

One of the most prevailing and successful of these, is the fraud practised upon shop-keepers, tradesmen, publicans, and others, by the circulation of forged copper-plate notes and bills for small sums, of £5. and £10. the latter purporting to be drawn, by bankers in the manufacturing and sea-port towns, on different banking-houses in London.

This species of forgery has been carried to a considerable extent suggested no doubt by the confidence which is established from the extensive circulation of country bankers' notes and bills, now made payable in London; by which the deception is, in some degree, covered, and detection rendered more difficult.

The great qualifications, or leading and indispensable attributes of a Sharper, a Cheat, a Swindler, or a Gambler, are, to possess a genteel exterior, a demeanor apparently artless, and a good address.

Like the more violent depredators upon the public, this class (who are extremely numerous) generally proceed upon a regular system, and study as a trade all those infamous tricks and devices by which the thoughtless, the ignorant, and the honest are defrauded of their property.

The common law has defined the offence of cheating—to be a deceitful practice in defrauding, or endeavouring to defraud, another of his own right, by means of some artful device, contrary to the plain rules of common honesty.

The Statute of the 33d of Henry the Eighth, cap. 1. entered into a more specific explanation of what might constitute such an offence, and fixed the mode of punishment; by declaring, "that if any persons shall falsely or deceitfully obtain, or get into his hands or possession, any money, goods, &c. of any other person, by colour or means of any false privy token, or counterfeit letter, &c.—he shall, on conviction, be punished by imprisonment, the pillory, or whipping—saving to the party aggrieved the same power of recovering the property as he might have had at Common Law, &c."

From this remote period, until the 30th of George the Second, the Legislature does not appear to have seen the necessity of enacting any new Law, applicable to this species of offence.

In the progress however of Society and Commerce, joined to the consequent influx of riches, producing luxury and extravagance, a larger field opened for cheats and sharpers of every description; insomuch, that the evil became so great, and the existing Laws were found so insufficient, as to render it necessary to provide a legislative remedy.

In applying this remedy, it seems that the great increase of a new species of cheating, practised by persons known in modern times by the name of Swindlers, had suggested the propriety of defining the offence, in a more applicable and specific manner, and of rendering the punishment more severe. By the act of 30 Geo. II. cap. 24. it is declared, "that all persons obtaining money, goods, wares, or merchandise, by false pretences, shall be deemed offenders against the Law and the public peace; and the Court, before whom any such offender shall be tried, shall on conviction, order them to be put in the pillory, or publicly whipped, or transported for seven years."

Thus stand the Laws at present with regard to Swindlers.[30] They ought certainly to embrace a wider field, so as to reach those artifices by which sharpers and persons of depraved minds, obtain money from the ignorant and unwary, by assuming false characters, taking genteel lodgings, and cheating innocent tradesmen, who lose large sums annually by such depredations.

We shall next proceed to particularize the various classes of Sharpers who thus prey upon the public: reserving all that relates to those more immediately connected with Gaming Houses and Lottery Insurances to the subsequent chapter.

I. Sharpers who obtain Licences to become Pawnbrokers,[31] and bring disgrace upon the reputable part of the trade, by every species of fraud which can add to the distresses of those who are compelled to raise money in this way; for which purpose there are abundance of opportunities.—Swindling Pawnbrokers, of this Class, are uniformly receivers of stolen goods; and under the cover of their licence do much mischief to the Public. The evil arising from them might, in a great measure, be prevented by placing the power of granting licences in a general Board of Police; and rendering it necessary for all persons to produce a Certificate of character, before they can obtain such licence; and also to enter into recognizance for good behaviour.[32]

II. Sharpers and Swindlers who obtain Licences to be Hawkers and Pedlars; under the cover of which every species of villainy is practised upon the country people, as well as upon the unwary in the Metropolis, and all the great towns in the kingdom.—The artifices by which they succeed, are various, as for example;—By fraudulent raffles, where plated goods are exhibited as silver, and where the chances are exceedingly against the adventurers;—By selling and uttering base money, and frequently forged Bank Notes, which make one of the most profitable branches of their trade;—By dealing in smuggled goods, thereby promoting the sale of articles injurious to the Revenue, besides cheating the ignorant with regard to the value;—By receiving stolen goods to be disposed of in the country, by which discoveries are prevented, and assistance afforded to common thieves and stationary receivers;—By purchasing stolen horses in one part of the country, and disposing of them in another, in the course of their journies; in accomplishing which, so as to elude detection, they have great opportunities;—By gambling with EO Tables at Fairs and Horse-races.

A number of other devices might be pointed out, which render this class of men great nuisances in Society; and shew the necessity of either suppressing them totally, (for in fact they are of little use to the Public;) or of limiting the licences only to men of good character; to be granted by a general Board of Police under whose controul they should be placed, while they enter at the same time into a recognizance in a certain sum, with one surety for good behaviour; by which the honest part would be retained, to the exclusion of the fraudulent.

III. Swindlers who take out Licences as Auctioneers, and open shops in different parts of the Metropolis, with persons at the doors, usually denominated Barkers, inviting strangers to walk in. In these places, various articles of silver plate and household goods are exposed to sale, made up on a slight principle, and of little intrinsic value; associates, generally denominated Puffers, are in waiting to bid up the article to a sum greatly beyond its value, when, upon the first bidding of the stranger, it is knocked down to him, and the money instantly demanded; the goods, however, on being carried home and examined, are generally found to be very different in reality, from what their appearance exhibited, and upon a close examination the fraud is discovered.

Neither the common Law, nor the Act of the 30th George II. cap. 24, seem to be sufficiently broad and explanatory to include this species of offence; and hence it is, that this mode of selling goods continues with impunity, and seems to increase. It is not, however, meant here to insinuate that all petty auctions are fraudulent.—It is to be hoped there may be some exceptions, although probably, they are not numerous. A licence from a general Board of Police, and to be subject to certain restrictions only burdensome to the dishonest, and obliging the parties to find security, would, in a great measure, regulate this kind of business, in a proper manner.

IV. Swindlers who raise money, by pretending to be Discounters of Bills, and Money Brokers; These chiefly prey upon young men of property, who have lost their money at play, or spent it in expensive amusements, and are obliged to raise more upon any terms, until their rents or incomes become payable; or who have fortunes in prospect, as being heirs apparent to estates, but who require assistance in the mean time.

Availing themselves of the credit, or the ultimate responsibility, of such thoughtless and giddy young men, in the eager pursuit of criminal pleasures, and under the influence of those allurements which the Faro Tables, and other places of fashionable resort hold out—these Swindlers seldom fail to obtain from them securities and obligations for large sums; upon the credit of which they are enabled, perhaps, at usurious interest, to borrow money, or discount bills; and thus supply their unfortunate customers upon the most extravagant terms.

Another class, having some capital, advance money upon bonds, title-deeds, and other specialities, or upon the bond of the parties having estates in reversion: by these and other devices too tedious to detail, large sums of money are, most unwarrantably and illegally, wrested from the dissipated and thoughtless: and misery and distress are thus entailed upon them, as long as they live; or they are driven, by utter ruin, to acts of desperation or to crimes.

A Law seems absolutely necessary to be pointed at this particular mischief, which is certainly an increasing evil.—Humanity pleads for it; and Policy points out the necessity of some effectual guard against those miseries which it generates; and which could not exist in so great a degree, were it not for the opportunities held out by these blood-suckers, in affording money to the young and inexperienced, to be expended in scenes of gambling and debauchery.

V. A Class of Cheats of the Society of Jews, who are to be found in every street, lane and alley in and near the Metropolis, under the pretence of purchasing old clothes, and metals of different sorts; Their chief business really is to prowl about the houses and stables of men of rank and fortune, for the purpose of holding out temptations to the servants to pilfer and steal small articles, not likely to be missed, which these Jews purchase at about one third of the real value.—It is supposed that upwards of fifteen hundred of these depraved people are employed in diurnal journies of this kind; by which, through the medium of bad money, and other fraudulent dealings, many of them acquire property, and then set up shops and become Receivers of stolen Goods.

It is estimated that there are from fifteen to twenty thousand Jews in the city of London, besides, perhaps, about five or six thousand more in the great provincial and sea-port towns; (where there are at least twenty synagogues, besides six in the Metropolis;) most of the lower classes of those distinguished by the name of German or Dutch Jews, live chiefly by their wits, and establish a system of mischievous intercourse all over the country, the better to carry on their fraudulent designs in the circulation of base money,—the sale of stolen goods, and in the purchase of metals of various kinds; as well as other articles pilfered from the Dock-Yards, and stolen in the provincial towns, which they bring to the Metropolis to elude detection,—and vice versÂ.

Educated in idleness from their earliest infancy, they acquire every debauched and vicious principle which can fit them for the most complicated arts of fraud and deception; to which they seldom fail to add the crime of perjury, whenever it can be of use, in shielding themselves or their associates from the punishment of the law.—From the orange boy, and the retailer of seals, razors, glass, and other wares, in the public streets, to the shop-keeper, dealer in wearing apparel, or in silver and gold, the same principles of conduct too generally prevail.

The itinerants utter base money to enable them, by selling cheap, to dispose of their goods; while those that are stationary, with very few exceptions, receive and purchase, at an under-price, whatever is brought them, without asking questions.

VI. Cheats who sell provisions and other articles by means of false weights and measures. Nothing requires the assistance of the Legislature in a greater degree than this evil; to shield the Poor against the numerous tricks thus practised upon them, by low and inferior shop-keepers and itinerants.

The ancient System of regulating this useful branch of Police by the Juries of the Court-Leet, having been found ineffectual, and in many respects inapplicable to the present state of Society, an act passed the 35th of his present Majesty, (cap. 102,) to remedy the inconvenience with regard to fraudulent weights; but difficulties having occurred on account of the expence of carrying it into execution, certain amendments were made by another act, (37 Geo. III. c. 143,) and the Magistrates in Petty Sessions have now power to appoint Examiners of weights, and to authorize them to visit shops, seize false weights, &c.

This plan, if pursued as steadily as that which already prevails in regulating Bakers, promises to produce very valuable benefits to the lower ranks of people at a very small expence.

VII. Cheats and Swindlers who associate together, and enter into a conspiracy for the purpose of defrauding Tradesmen of their goods.—One of these sharpers generally assumes the character of a Merchant;—hires a genteel house, with a counting-house, and every appearance of business.—One or two associates take upon them the appearance of Clerks, while others occasionally wear a livery: and sometimes a carriage is set up, in which the ladies of the party visit the shops, in the stile of persons of fashion, ordering goods to their apartments.—Thus circumstanced, goods are obtained on credit, which are immediately pawned or sold, and the produce used as a means of deception to obtain more, and procure recommendations, by offering to pay ready money,—or discount bills.

When confidence is once established in this way, notes and bills are fabricated by these conspirators, as if remitted from the country, or from foreign parts; and application is made to their newly acquired friends, the tradesmen, to assist in discounting them. Sometimes money and bills upon one another are lodged at the bankers for the purpose of extending their credit, by referring to some respectable name for a character.

After circulating notes to a considerable amount, and completing their system of fraud by possessing as much of the property of others as is possible, without risk of detection, they move off; assume new characters; and when the bills and notes are due, the parties are not to be found.

Offences of this sort, where an actual conspiracy cannot be proved, which is generally very difficult, are not easily punished; and it seems of importance that frauds and impositions of this sort, and others of the same nature, where the confidence of tradesmen and manufacturers is abused by misrepresentation and falsehood, should be defined, so as to render it difficult for the parties to escape punishment.

VIII. Cheats who take genteel Lodgings, dress elegantly, assume false names:—pretend to be related to persons of credit and fashion—produce letters familiarly written to prove an intimacy,—enter into conversation, and shew these letters to tradesmen and others, upon whom they have a design—get into their good graces, purchase wearing apparel and other articles, and disappear with the booty.

This species of offence would be very difficult to reach by any existing Law, and yet it is practised in various shapes in the Metropolis, whereby tradesmen are defrauded to a very considerable extent.—Some legislative guards would certainly be very desirable to define and punish these offences also.

IX. Cheats, who have been formerly in the service of Milliners, Mantua-Makers, Taylors, and other Traders, who have occasion to send to shop-keepers and warehousemen for goods;—These, after being discharged from their service, getting into the company of sharpers and thieves, while out of place, teach them how to personate their former employers; in whose names they too frequently succeed in obtaining considerable quantities of goods before the fraud is discovered.

It would certainly be a good rule at no time to deliver goods upon a verbal message; and it would be useful if all persons discharging servants, would give notice of it to every tradesmen with whom they deal.

X. Cheats who personate Gentlemen's footmen; These order goods to be sent to a genteel lodging, where the associate is waiting, who draws upon some banker in a distant part of the town for the money; or, if the check is refused, a country bank-note (the gentleman just being arrived in town) is offered to be changed, which, although a forgery, often succeeds: if this should also fail, this mischievous class of people, from habit and close attention to the means of deception, are seldom at a loss in finding out some other expedient; and before the fraud is discovered, the parties are off; and the master transformed into the livery-servant, to practise in his turn the same trick upon some other person.

XI. Cheats who associate systematically together, for the purpose of finding out and making a prey of every person from the country, or any ignorant person who is supposed to have money, or who has come to London for the purpose of selling goods.—It is usual in such cases for one of them to assume the character of a young 'Squire, just come to his estate; to appear careless and prodigal, and to shew handfuls of bank-notes, all of which are false and fabricated for the purpose.

Another personates the guardian of the 'Squire, while a part of the associates pretend to sit down to play, and having won money of the young spendthrift, who appears extremely ignorant and profuse, the stranger's avarice gets the better of his prudence, and he is induced at length to try his luck,—the result is that he is soon left without a penny.

XII. Cheats who prowl about in all the streets and lanes of the trading part of the Metropolis, where shopmen and boys are carrying parcels: These, by means of various stratagems, find out where the parcels are going, and regulating their measures accordingly, seldom fail by some trick or other, (such as giving the lad a shilling to run and call a coach,) to get hold of the property.—Porters and young men from the country should be particularly cautious never to quit any property intrusted to their care, until delivered (not at the door) but within the house to which it is directed.

XIII. Cheats who attend Inns, at the time that coaches and waggons are loading or unloading. These by personating porters with aprons and knots, or clerks with pens stuck in their wigs or hair, and by having recourse to a variety of stratagems, according to the peculiar circumstances of the case, aided by their having previously noticed the address of several of the parcels, seldom fail of success, in the general hurry and confusion which prevails at such places. This proves how necessary it is at all times to have one or two intelligent officers of justice, who know the faces of thieves, in attendance, while goods are receiving and delivering.

XIV. Cheats who go from door to door collecting money; under pretence of soliciting for a charitable establishment, for the benefit of poor children, and other purposes. But the money, instead of being so applied, is generally spent in eating and drinking; and the most infamous imposition is thus practised upon the charitable and humane, who are the dupes of this species of fraud in too many instances.

XV. Sharpers who are known by the name of Duffers. These go about from house to house, and attend public houses, inns, and fairs, pretending to sell smuggled goods, such as India handkerchiefs, waistcoat patterns, muslins, &c. By offering their goods for sale, they are enabled to discover the proper objects, who may be successfully practised upon in various ways; and if they do not succeed in promoting some gambling scheme, by which the party is plundered of his money, they seldom fail passing forged country bank notes, or base silver and copper in the course of their dealings.

XVI. Female Sharpers who dress elegantly, personate women of fashion, attend masquerades, and even go to St. James's. These, from their effrontery, actually get into the circle; where their wits and hands are employed in obtaining diamonds, and whatever other articles of value, capable of being concealed, are found to be most accessible.

The wife of a well-known sharper, lately upon the town, is said to have appeared at Court, dressed in a stile of peculiar elegance: while the sharper himself is supposed to have gone in the dress of a clergyman.—According to the information of a noted receiver, they pilfered to the value of £1700. on the King's birth-day (1795,) without discovery or suspicion.

Houses are kept where female Cheats dress and undress for public places.—Thirty or forty of these sharpers generally attend all masquerades, in different characters, where they seldom fail to get clear off with a considerable booty.

XVII. Among the classes of Cheats may be ranked a species of Female Bankers. These accommodate barrow-women and others, who sell fish, fruit, vegetables, &c. in the streets, with five shillings a day; (the usual diurnal stock in trade in such cases;) for the use of which, for twelve hours, they obtain a premium of six-pence, when the money is returned in the evening, receiving thereby at this rate, about seven pounds ten shillings a year for every five shillings they lend out!

The Author, in the course of his Magisterial duty, having discovered this extraordinary species of fraud, attempted to explain to a barrow-woman on whom it was practised, that by saving up a single five shillings, and not laying any part of it out in gin, but keeping the whole, she would save £7. 10s. a year, which seemed to astonish her, and to stagger her belief.—It is to be feared, however, that it had no effect upon her future conduct, since it is evident that this improvident and dissolute class of females have no other idea than that of making the day and the way alike long.—Their profits (which are often considerably augmented by dealing in base money, as well as fruit, vegetables, &c.) seldom last over the day, for they never fail to have a luxurious dinner and a hot supper, with abundance of gin and porter:—looking in general no farther than to keep whole the original stock, with the six-pence interest, which is paid over to the female banker in the evening; and a new loan obtained on the following morning, of the same number of shillings again to go to market.

In contemplating this curious system of Banking, (trifling as it seems to be) it is impossible not to be forcibly struck with the immense profits that arise from it. It is only necessary for one of these female sharpers to possess a capital of seventy shillings, or three pounds ten shillings, with fourteen steady and regular customers, in order to realize an income of one hundred guineas a year!

XVIII. Cheats who pretend to tell fortunes. These impose on the credulity of the public, by advertisements and cards; pretending a power, from their knowledge of astrology, to foretell future events, to discover stolen property, lucky numbers in the Lottery, &c.

The extent to which this mischief goes in the Metropolis is almost beyond belief; particularly during the drawing of the Lottery.—The folly and phrenzy which prevail in vulgar life, lead ignorant and deluded people into the snare of adding to the misfortunes which the Lottery occasions, by additional advances of money (obtained generally by pawning goods or apparel) paid to pretended astrologers for suggesting lucky numbers, upon which they are advised to make insurances; and under the influence of this unaccountable delusion, they are too often induced to increase their risks, and ruin their families.

One of these impostors who lived long in the Curtain-Road, Shoreditch, is said, in conjunction with his associates, to have made near £300. a year by practising upon the credulity of the lower orders of the people.—He stiled himself (in his circulating cards) an Astronomer and Astrologer; and stated, That he gave advice to Gentlemen and Ladies on business, trade, contracts, removals, journies by land or water, marriages, children, law-suits, absent friends, &c. And further, that he calculated nativities accurately,—His fee was half-a-crown.

An instance of mischievous credulity, occasioned by consulting this impostor, once fell under the review of the Author. A person having property stolen from him, went to consult the conjuror respecting the thief; who having described something like the person of a man whom he suspected, his credulity and folly so far got the better of his reason and reflection, as to induce him upon the authority of this impostor actually to charge his neighbour with a felony, and to cause him to be apprehended. The Magistrate settled the matter by discharging the prisoner; reprimanding the accuser severely, and ordering the conjuror to be taken into custody, according to law, as a Rogue and Vagabond.

But the delusion with regard to Fortune-tellers is not confined to vulgar life, since it is known, that ladies of rank, fashion, and fortune, contribute to the encouragement of this fraudulent profession in particular, by their visits to a pretended Astrologer of their own sex in the neighbourhood of Tottenham-Court Road: This woman, to the disgrace of her votaries, whose education ought to have taught them the folly and weakness of countenancing such gross impositions, found the practice of it extremely productive.[33]

The act of the 9th George the Second, cap. 5, punishes all persons pretending skill in any crafty science; or telling fortunes, or where stolen goods may be found; with a year's imprisonment, and standing four times in the pillory (once every quarter) during the term of such imprisonment. The act called the Vagrant Act, made the 17th year of the same reign, (cap. 5,) declares such persons to be rogues and vagabonds, and liable to be punished as such.

It is sincerely to be hoped that those at least who are convinced from having suffered by the gross imposition practised upon the credulity of the people by these pests of Society, will enable the civil Magistrate, by proper informations, to suppress so great an evil.

Innumerable almost are the other tricks and devices which are resorted to by the horde of Cheats, Swindlers, and Sharpers, who infest the Metropolis.

The great increase of commerce, and the confidence resulting from an intercourse so wide and extended, frequently lays men of property and tradesmen open to a variety of frauds; credit is obtained by subterfuges and devices contrary to the plain rules of common honesty, against which, however, there is no remedy but by an action of common law.

If it were possible to look accurately at the different evils arising from fraudulent and swindling practices, so as to frame a statute that would generally reach all the cases that occur, whenever the barrier of common honesty is broken down, it would certainly be productive of infinite benefit to the community; for, in spite of the laudable exertions of the Society established for prosecuting swindlers, it is to be lamented that the evil has not diminished. On the contrary, it has certainly encreased, and must continue to do so, until the Legislature, by applicable Laws and an improved System of Police, either directly or collaterally attaching to these offences, shall find the means of suppressing them.