Roupell case
Encyclopedia
The Roupell case was a notorious English
legal dispute that centred around legal documents alleged to have been forged
by William Roupell
and excited great public interest.
and the Home Counties
. By 1853, William, who spent unwisely seeking to establish himself in fashionable society, was already in debt
and launched a sequence of deceptions and forgeries, dishonestly to obtain much of his father's property. In particular, he forged a deed
conveying Norbiton Estate to himself and then sold it to Mr Waite. Further, he destroyed his father's will
, which had left much of his property to William's brother Richard, and forged a will leaving it to William's mother, with himself as executor
. His father died in 1856 and in 1857 William was elected Liberal Party
Member of Parliament
for Lambeth
.
By 1862, William was no longer able to service the mortgages
that he had taken out on the misappropriated property and on 30 March destroyed some of his papers and fled to Spain
. In August, his brother Richard visited him in Spain and William returned to England. He was recognised and arrested for fraud
and forgery.
Richard sued Waite for possession of Norbiton Estate, contending that he would have inherited it under his father's valid, but destroyed, will. The trial began at Guildford
on 18 August 1862.
Shee opened Richard's case by presenting the background of the Roupell family property, William's financial difficulties and the alleged facts of the frauds and forgeries. Shee argued that the will must be a forgery as, purporting to be witnessed by William, William could not have been present to witness its execution on the said date. Shee called William who admitted the frauds and forgeries and his own perjury
in the grant of probate
of his father's estate. It was to have been Waite's defence that William was colluding with his brother Richard, possibly in return for some compensation, but the defence was never heard as the case settled, dividing the value of the estate between Waite and Richard Roupell.
and pleaded guilty
to the forgery. The judge, Mr Justice Byles, emphasising the seriousness of the offences, sentenced William to penal servitude for life
.
gave expert evidence
that the signature was not Richard Palmer's.
The judge, Mr Baron Channell, warned the jury as to the unreliability of William's testimony and put to them four questions:
The jury
retired, The Times
observing that they jury had a pile of shorthand notes about a foot in height that would overwhelm them and that the jury would probably be confused anyway. The jury returned after three hours, finding that the deed had not been signed in the presence of witnesses but unable to agree whether Richard Palmer had signed the deed at all. Further, the jury agreed that the will was a forgery but were unable to agree on the proof of Richard's rightful inheritance. Even after several hours' further deliberation, the jury were unable to agree.
Though a retrial was mooted, the issue ultimately settled out of court. William was released on parole
in September 1876. Richard spent the rest of his life attempting, largely unsuccessfully, to recover some of his lost fortune
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
legal dispute that centred around legal documents alleged to have been forged
Forgery
Forgery is the process of making, adapting, or imitating objects, statistics, or documents with the intent to deceive. Copies, studio replicas, and reproductions are not considered forgeries, though they may later become forgeries through knowing and willful misrepresentations. Forging money or...
by William Roupell
William Roupell
William Roupell was Liberal Party Member of Parliament of the United Kingdom for Lambeth from 1857 until his resignation on 4 February 1862...
and excited great public interest.
Background
William Roupell was the illegitimate son of Richard Palmer Roupell who possessed extensive properties in LondonLondon
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
and the Home Counties
Home Counties
The home counties is a term which refers to the counties of South East England and the East of England which border London, but do not include the capital city itself...
. By 1853, William, who spent unwisely seeking to establish himself in fashionable society, was already in debt
Debt
A debt is an obligation owed by one party to a second party, the creditor; usually this refers to assets granted by the creditor to the debtor, but the term can also be used metaphorically to cover moral obligations and other interactions not based on economic value.A debt is created when a...
and launched a sequence of deceptions and forgeries, dishonestly to obtain much of his father's property. In particular, he forged a deed
Deed
A deed is any legal instrument in writing which passes, or affirms or confirms something which passes, an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions sealed...
conveying Norbiton Estate to himself and then sold it to Mr Waite. Further, he destroyed his father's will
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
, which had left much of his property to William's brother Richard, and forged a will leaving it to William's mother, with himself as executor
Executor
An executor, in the broadest sense, is one who carries something out .-Overview:...
. His father died in 1856 and in 1857 William was elected Liberal Party
Liberal Party (UK)
The Liberal Party was one of the two major political parties of the United Kingdom during the 19th and early 20th centuries. It was a third party of negligible importance throughout the latter half of the 20th Century, before merging with the Social Democratic Party in 1988 to form the present day...
Member of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
for Lambeth
Lambeth (UK Parliament constituency)
Lambeth was a parliamentary constituency centred on the Lambeth district of South London. It returned two Members of Parliament to the House of Commons of the Parliament of the United Kingdom, elected by the bloc vote system.-History:...
.
By 1862, William was no longer able to service the mortgages
Mortgage loan
A mortgage loan is a loan secured by real property through the use of a mortgage note which evidences the existence of the loan and the encumbrance of that realty through the granting of a mortgage which secures the loan...
that he had taken out on the misappropriated property and on 30 March destroyed some of his papers and fled to Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
. In August, his brother Richard visited him in Spain and William returned to England. He was recognised and arrested for fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
and forgery.
Roupell (Richard) v. Waite
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Richard sued Waite for possession of Norbiton Estate, contending that he would have inherited it under his father's valid, but destroyed, will. The trial began at Guildford
Guildford
Guildford is the county town of Surrey. England, as well as the seat for the borough of Guildford and the administrative headquarters of the South East England region...
on 18 August 1862.
Shee opened Richard's case by presenting the background of the Roupell family property, William's financial difficulties and the alleged facts of the frauds and forgeries. Shee argued that the will must be a forgery as, purporting to be witnessed by William, William could not have been present to witness its execution on the said date. Shee called William who admitted the frauds and forgeries and his own perjury
Perjury
Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the...
in the grant of probate
Probate
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
of his father's estate. It was to have been Waite's defence that William was colluding with his brother Richard, possibly in return for some compensation, but the defence was never heard as the case settled, dividing the value of the estate between Waite and Richard Roupell.
R v. Roupell (William)
On 24 September 1862, William appeared at the Old BaileyOld Bailey
The Central Criminal Court in England and Wales, commonly known as the Old Bailey from the street in which it stands, is a court building in central London, one of a number of buildings housing the Crown Court...
and pleaded guilty
Guilty
Guilty commonly refers to the feeling of guilt, an experience that occurs when a person believes that they have violated a moral standard.Guilty or The Guilty may also refer to:-Law:*Guilty plea, a formal admission of legal culpability...
to the forgery. The judge, Mr Justice Byles, emphasising the seriousness of the offences, sentenced William to penal servitude for life
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
.
Roupell (Richard) v. Hays
In 1863, Richard again attempted to regain property in Great Warley, Essex by proving that mortgages on the property were invalid, having been obtained through forgery. William, still in custody but not in prison dress, again gave evidence of his own wrongdoing and various witnesses attested to Richard Palmer's careful business habits and his handwriting and signature. Forensic document examiner Charles ChabotCharles Chabot
Charles Chabot was an English graphologist who, as part of the firm of Netherclift, Chabot and Matheson, was an early practitioner of questioned document examination....
gave expert evidence
Expert witness
An expert witness, professional witness or judicial expert is a witness, who by virtue of education, training, skill, or experience, is believed to have expertise and specialised knowledge in a particular subject beyond that of the average person, sufficient that others may officially and legally...
that the signature was not Richard Palmer's.
The judge, Mr Baron Channell, warned the jury as to the unreliability of William's testimony and put to them four questions:
- Was the deed of gift in question signed by Richard Palmer in the presence of two witnesses?
- If not, did Richard Palmer, sign and seal the deed, despite the absence of witnesses?
- Was the will bequeathing property to Richard Palmer's wife genuine?
- If not, was Richard the rightful heir?
The jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
retired, The Times
The Times
The Times is a British daily national newspaper, first published in London in 1785 under the title The Daily Universal Register . The Times and its sister paper The Sunday Times are published by Times Newspapers Limited, a subsidiary since 1981 of News International...
observing that they jury had a pile of shorthand notes about a foot in height that would overwhelm them and that the jury would probably be confused anyway. The jury returned after three hours, finding that the deed had not been signed in the presence of witnesses but unable to agree whether Richard Palmer had signed the deed at all. Further, the jury agreed that the will was a forgery but were unable to agree on the proof of Richard's rightful inheritance. Even after several hours' further deliberation, the jury were unable to agree.
Though a retrial was mooted, the issue ultimately settled out of court. William was released on parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
in September 1876. Richard spent the rest of his life attempting, largely unsuccessfully, to recover some of his lost fortune
Cultural references
- William Makepeace Thackery satirised William's downfall as that of "Roupilius" in The Roundabout Papers.