The Case of Henry Wheeler#

Despite no longer being a capital offence, the penalty for forging the Ace of Spades was still severe however, as Henry Wheller found to his cost in 1836, when he was transported for life for committing such an offence.

But that appears not quite to have been the final word… In , a plaintive cry appears in TO DO though I see no reference to it in the police report in the ?? edition of the ???, which I assume is the report referred to?

Wheeler’s wife also made a formal petition to the Home Office regarding her husband’s conviction and managed to secure a pardon in 1840.

https://discovery.nationalarchives.gov.uk/details/r/C14222948 HO 17/18/26

Description: Prisoner name(s): Henry Wheeler.

Prisoner age: 37.

Prisoner occupation: Card manufacturer.

Court and date of trial: Old Bailey January Sessions 1836.

Crime: Having in his possession impressions of a forged die (the ace of spades) (38) with intent to defraud the Revenue.

Initial sentence: Transportation for life.

Gaoler’s report: Character not known.

Annotated (Outcome): Nil; free pardon 27 August 1840.

Petitioner(s): Petition by prisoner undersigned by four people; Alfred Knight and Thomas Wilson (paper suppliers to prisoner).

Three petitions from Mary Wheeler (prisoner’s wife) one of which is undersigned by 24 people including 12 members of the jury.

Last petition is addressed to Commissioner of Stamps and Taxes; Henry Wheeler Junior (prisoner’s son) undersigned by 3 people.

Grounds for clemency (Petition Details): Wife and three children left without support; when received impressions did not check if were forgeries; impressions were wrapped in paper when given to prisoner by Lomas and not opened until seized by police; prisoner had no time to call witnesses at trial; his solicitor did not follow up all the evidence on prisoner’s behalf; so ill and deaf with a cold at trial he could not speak in his defence; delivered stamps belonged to someone else; his suppliers normally only supplied him with paper for address books; previous honest and industrious character; sentence too harsh; packs of cards found on premises were intended to be sold as waste cards; no strong evidence was evading stamp duty; trial judge held out hope of mitigation of sentence.

Other papers: Report from Commissioner of Stamps and Taxes recommending a remission of sentence.

Covering letter from Treasury Chambers.

Additional Information: Prisoner in New South Wales.