<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<div1 type="frontMatter" id="f18511215">
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<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<hi rend="largeCaps">HUNTER, MAYOR. SECOND SESSION</hi>.</p>
<hi rend="italic">A star</hi> (*)
<hi rend="italic">denotes that prisoners have been previously in custody—two stars</hi> (**)
<hi rend="italic">that they have been more than once in custody—An obelisk</hi> (†)
<hi rend="italic">that they are known to be the associates of bad characters.</hi> </p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Monday, December</hi> 15
<hi rend="italic">th, and Tuesday</hi> 16
<hi rend="italic">th,</hi> 1851.</p>
<hi rend="largeCaps">PRESENT</hi>—The Right Hon. the
<hi rend="smallCaps">LORD MAYOR</hi>; Sir
<hi rend="smallCaps">JOHN KEY</hi>, Bart., Ald.; Mr.
<hi rend="smallCaps">RECORDER</hi> Mr. Ald.
<hi rend="smallCaps">SIDNEY</hi>; Mr. Ald.
<hi rend="smallCaps">FINNIS</hi>; Sir
<hi rend="smallCaps">ROBERT WALTER, CARDEN</hi>, Knt., Ald.; and Mr. Ald.
<hi rend="smallCaps">CUBITT</hi>.</p>
<hi rend="italic">Before Mr. Recorder and the First Jury.</hi> </p>
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<persName id="def1-78-18511215" type="defendantName">
<interp inst="def1-78-18511215" type="gender" value="female"/>
<interp inst="def1-78-18511215" type="surname" value="NEWMAN"/>
<interp inst="def1-78-18511215" type="given" value="ANN HARRIET"/>
<hi rend="largeCaps">ANN HARRIET NEWMAN</hi> </persName> was indicted
<rs id="t18511215-78-offence-1" type="offenceDescription">
<interp inst="t18511215-78-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18511215-78-offence-1" type="offenceSubcategory" value="perjury"/> for wilful and corrupt perjury upon the trial of one
<persName id="t18511215-name-2">
<interp inst="t18511215-name-2" type="gender" value="male"/>
<interp inst="t18511215-name-2" type="surname" value="DAY"/>
<interp inst="t18511215-name-2" type="given" value="WILLIAM"/>William Day</persName>, at this Court, in
<rs id="t18511215-cd-1" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18511215-78-offence-1 t18511215-cd-1"/>May</rs> late.</rs> </p>
<hi rend="smallCaps">MESSRS. PATNE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">ROBINSON</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18511215-name-3" type="witnessName">
<interp inst="t18511215-name-3" type="gender" value="male"/>
<interp inst="t18511215-name-3" type="surname" value="HEMP"/>
<interp inst="t18511215-name-3" type="given" value="JAMES"/>MR. JAMBS HEMP</persName> </hi>. I produce the file of indictments of the last May Sessions. I also produce two captions applicable to them; the Oyer and Terminer, and the General Gaol Delivery; they are applicable to the whole of the indictments, and are filed with them—that is the usual practice—it appears that the indictment was found on 14th May—die names of the Com
<lb/>missioners are set out—Mr. Russell Gurney is among them—all the Alder
<lb/>men are in the Commission—there is a minute in our book, made at the time, of a plea of "Not guilty," and alto upon the indictment, "Surrenders! and puts himself"—Day was on bail—that is the usual note made upon the indictment when a party pleads "Not guilty"—on the face of it, it is "sur
<lb/>renders and puts."</p>
<hi rend="smallCaps">MR. HORRY</hi>
<hi rend="italic">submitted that these documents did not constitute an authentic re
<lb/>cord of the proceedings of the Court, they were mere memorandums of the officer of the Court; he urged that the record itself should have been made up and pre
<lb/>duced, in accordance with the rule of law that the best evidence should be given; at present the names of the Jurors did not precede the finding, nor was it shown that the indictment was found upon the oaths of the witnesses, who, it was professed, were called before the Grand Jury. The</hi>
<hi rend="smallCaps">RECORDER</hi>
<hi rend="italic">was of opinion, that if it was necessary to prove the conviction acquittal of the party, or if the trial had taken place in any other Court, the record itself must be produced; but as neither a conviction or acquittal was alleged in the present indictment, and as the trial had taken place in the same Court, the evidence adduced would be sufficient. That distinction was taken in the case of Home Tooke</hi>, 25
<hi rend="italic">"State Trials," P</hi>. 426,
<hi rend="italic">and approved of by Lord Tenterden in Rex v. Smith</hi>, 8
<hi rend="italic">Bar new all Cresswell By a clause in Lord Campbell's Act</hi> (14
<hi rend="italic">and</hi> 15
<hi rend="italic">Vic., c</hi>. 99,
<hi rend="italic">sect</hi>. 22),</p>
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<hi rend="italic">a certificate from the officer of the Court, containing the substance and effect of the record, was made evidence upon proof of the signature of the officer; but, as the Counsel for the prosecution were not prepared with such a document, he would admit the evidence proffered, and reserve the question for the consi
<lb/>deration of the Judges</hi>.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-4" type="witnessName">
<interp inst="t18511215-name-4" type="gender" value="male"/>
<interp inst="t18511215-name-4" type="surname" value="BUCKLER"/>
<interp inst="t18511215-name-4" type="given" value="ALEXANDER"/>ALEXANDER BUCKLER</persName> </hi>. I am a short-hand writer of this Court. I was present on the trial of a man named Day—I cannot identify the man—I took notes of the trial—I have the notes here—a woman named Harriet Newman was examined on that occasion—I do not recognise the prisoner as the person—I remember something of her appearance, but I should be sorry to say she was the person.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-5" type="witnessName">
<interp inst="t18511215-name-5" type="gender" value="male"/>
<interp inst="t18511215-name-5" type="surname" value="WILSON"/>
<interp inst="t18511215-name-5" type="given" value="BENJAMIN LAWRENCE"/>BENJAMIN LAWRENCE WILSON</persName> </hi>. I am an officer of this Court. I was present upon the trial of this indictment—I saw the defendant examined—she is the person—I do not recollect Day.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you administer the oath to the defendant?
<hi rend="italic">A.</hi> I did; Mr. Russell Gurney tried the case—I do not know what Aldermen were present.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-6" type="witnessName">
<interp inst="t18511215-name-6" type="gender" value="male"/>
<interp inst="t18511215-name-6" type="surname" value="BUCKLER"/>
<interp inst="t18511215-name-6" type="given" value="ALEXANDER"/>ALEXANDER BUCKLER</persName> </hi>
<hi rend="italic">re-examined.</hi> Alderman Finnis was on the Bench in the course of the day, and not when the trial commenced—Alderman Law
<lb/>rence was there when the trial commenced—Alderman Finnis's name is printed from my notes as being present during the trial; but not having the original paper here on which I entered his name, I ought not to swear it—I compared the printed report with my original notes a law days after they were taken, and I believe the print to be correct—I cannot say, on looking at this, that Alderman Finnis was present during any part of the trial.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">BENJAMIN LAWRENCE WILSON</hi>.
<hi rend="italic">Q.</hi> Was Alderman Finnis on the Bench when you swore the prisoner?
<hi rend="italic">A.</hi> That I cannot say.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-7" type="witnessName">
<interp inst="t18511215-name-7" type="gender" value="male"/>
<interp inst="t18511215-name-7" type="surname" value="BUCKLER"/>
<interp inst="t18511215-name-7" type="given" value="ALEXANDER"/>ALEXANDER BUCKLER</persName> </hi>
<hi rend="italic">re-examined.</hi> I can prove that Alderman Finnis was present during part of the trial, because this was the only case tried that day—I cannot swear whether any Alderman was present when the defendant was sworn—(
<hi rend="italic">Mr. Ald. Finnis was directed to be sent for, the</hi>
<hi rend="smallCaps">RECORDER</hi>
<hi rend="italic">being of opinion that as it was alleged in the indictment that the defendant was sworn in his presence, that allegation must be made out.) The evidence given by the defendant on the trial of Day, was read as follows</hi>: "Where do you live?—No. 8, Manning-street. Are you in the employ of Messrs. Bousfield, of Haydon-square?—Yes. Do you know a person named Roberts if—Yes. Did you at any time receive that letter?—Yes.
<hi rend="italic">The letter was here read as follows: 'Harriet Newman</hi>, 8,
<hi rend="italic">Manning-street, Limehouse-fields. Dear Harriet</hi>.—
<hi rend="italic">I wish you to meet me this evening at five o'clock, as I have something to say to you particular. I shall wish you to meet me alone, as I shall be alone myself, and will, if agreeable, see you home, and hope we shall be happier than we have been. Yours, unhappy, R. Roberts.'</hi> Did you, in consequence of that letter, go anywhere at five o'clock?—Yes. Where?—By the Ben Jonson, at Stepney. What was the date?—The 31st of March. Was that the day you got this letter?—Yes. When you got there did you see Richard Roberts?—No. Did you see the prisoner while you were waiting?—Yes. Did he say anything?—Yes, he asked me if my name was not Harriet Newman, I said, 'Yes;' he asked me if I was not waiting there for Richard Roberts, I told him, 'Yes;' he told me if I came with him he would take me to Richard Roberts; I asked him what was the reason Richard Roberts did not come himself; be told me he was ashamed to come himself; I told him that he might well be ashamed to come himself; I followed him down by the
<hi rend="italic">Ben</hi> Jonson, and there he stopped. Yes?—He beckoned a
<hi rend="italic">cab
<lb/>man</hi> from the stand, took hold of my arm, and told me I must go with him;</p>
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<p>the cabman came up and took hold of my arm. Did Day take hold of your arm?—Yes, and the
<hi rend="italic">cabman</hi>, too. Did you object to that?—Yes, I screamed, and told him I would not go with him. Well?—Three men and one woman came up and asked the young man what they were going to do with me; he said it was nothing to do with them, I was his wife. Did they get you into the
<hi rend="italic">cab</hi>—Yes. Who?—Day and the cabman. What happened then, did the
<hi rend="italic">cab</hi> stop, or drive on?—It drove on very fast. What became of Day?—He was in the
<hi rend="italic">cab</hi> with me, and the
<hi rend="italic">cab</hi> man was on his seat. After you had been in the
<hi rend="italic">cab</hi> a little time, did Day do anything to you?—He held my hands while he put a handkerchief over my mouth. What hap
<lb/>pened after that?—I do not remember anything more till I found myself on a sofa in a large house. Do you know where that house is?—No. Have you been able to find it?—No. When you came to your senses, did you see anybody? Yes, I saw a young woman sitting opposite. Do not tell us what she said, did she give you anything?—She asked me if I was any better; I said I did not know I was ill. Did she give you anything?—No. Did she afterwards?—An old lady came and gave me a glass of something; the young woman asked me if I knew where I was, I told her, 'No.' Did the young woman herself give you anything?—She gave me a knife. And at the time she made a communication to you?—Yes. After that, did you see an elderly woman?—Yes. What did that woman say to you?—She told me I must stop there all night; when she first came into the room, she came into the room with a glass in her hand, and she told me I must drink that, and then I should be better. Did you take any of it?—Yes. What was the effect; what happened to you?—I did not feel the effect of it directly. How soon?—Directly I drank it I made an attempt to come out, but the old woman stopped me. What else?—I held up the knife to defend myself. After you were stopped, what happened to you?—There were three gen
<lb/>tlemen came running down-stairs when the old woman made a noise. Had you got the knife in your hand?—Yes, I was then in the hail. Did one of those men speak to you?—Two of them came up and spoke to me. What did they say?—They forced roe back again into the room. What did they say?—In the struggle I cut one of them over the hand with the knife.
<hi rend="smallCaps">MR. COMMISSIONER GURNKY</hi>. You had better not go into what they say yet.
<hi rend="italic">By</hi>
<hi rend="smallCaps">MR. HORRY</hi>. Did you get into the room again?—Yes, and the knife fell from my hand, and the old woman put me on the sofa again, and said I should not leave the house. What else happened?—They tried many times to get me up-stairs. Did you continue to resist?—Yes. Do you recollect a watch and chain?—Yes. What happened?—One of the gentlemen put it round my neck. What did you do with it?—I threw it on the ground. Did you, after that, see Day again? Yes. In which room?—(
<hi rend="italic">inaudible</hi>). How came he into the room?—One of the gentlemen called him. Do you recollect how he called him?—No, I do not know. Did either
<hi rend="italic">of</hi> the gentle
<lb/>men order Day to do anything?—To go and bring a
<hi rend="italic">cab</hi>. In what condition were you as to your senses?—My senses seemed very much stupified. Were you in a condition to distinguish the features of anybody?—Yes. Were you in a condition
<hi rend="italic">to</hi> distinguish the features of Day?—Yes. Did you go to the door?—No, Day came into the room and said if I was quiet he would take me to my father; I then left the house, and went into the
<hi rend="italic">cab</hi> along with Day. Did Day say anything to you while you were in the
<hi rend="italic">cab</hi>?—I asked him the reason why he took me there; he said it was only for a
<hi rend="italic">spree</hi> with his
<hi rend="italic">chaps</hi>. Did he say anything more?—Not till he got me into a very dark street, and the
<hi rend="italic">cab</hi> was stopped, and Day got out and told me he would</p>
<xptr type="pageFacsimile" doc="185112150004"/>
<p>walk the rest of the way home with me; the
<hi rend="italic">cab</hi> drove off; he walked a small distance?—Yes, and put a direction in my hand, and told me I must find my way home the best way I could. Yes?—He then left me. Well, what became of you?—I found the use of my limbs all leaving me, and I sat myself on the step of a door. Up to this time had you any notion what the time of the night was?—No. In what condition did you become afterwards?—I know nothing till I found myself in the hospital. In the house, just recollect what was said by either the men or the women?—The young woman told me, if I was a respectable woman she would advise me to go out of the house. What did the old woman tell you?—I must make myself happy there for the night, for f should be made a lady of. Did any of the men ask you to do anything?—Yes. Anything you felt improper to be done?—Yes. Where did you find yourself next morning?—In the hospital. When did you see the person you say drove you in the
<hi rend="italic">cab</hi> again?—At a beer-shop, in Holywell-lane, on a Saturday night, the Saturday following. Where there a number of persons there?—Yes. Did you point him out as the person who had taken you in the
<hi rend="italic">cab</hi>?—Yes. Did you give a description of the clothes which he wore?—Yes, corduroy-trowsers, and a black coat, and a black neck-handkerchief. Was he dressed in the same way when you saw him before the Magistrate?—No. The night you saw him in the beer-shop, was be dressed the same way?—No.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PAYNE</hi>. How old are you?—Nineteen. Past nineteen?—I was nineteen on the 30th of March. Day was a perfect stranger to you?—Yes. Had he never seen you before?—Not that I know of. When the old woman gave you some
<lb/>thing to drink was it like gin-and peppermint?—Yes. Did the three gentlemen hold your hands at all?—Yes. Did you throw tumblers at them?—Yes. And then they found it was no use, and they called Day to bring back the
<hi rend="italic">cab</hi>?—Yes. Now the letter you received, was it in the handwriting of Roberts?—No. Whose handwriting was it?—I do not know. Come, you know what has taken place; whose handwriting is it?—I do not know. Do you know Mrs. Woodfield?—Yes. How long?—A long time. Nearly all your life?—No, not so long as that. A good many years? I have not been at home long to know her. Now, tell me who wrote that letter?—I don't know, no more than baring it come to the house. Who wrote the letter?—I do not know. Was not that letter written by your direction, at your request?—No. Be careful; had you never seen that letter till it came by the post?—No. Did you ever
<hi rend="italic">go</hi> to Day's friends to ask for money?—No. Be careful; did you never
<hi rend="italic">go</hi> with Mrs. Woodfield to Day's friends to ask for money?—No, I showed her the house, and told her where Day lived. Was that when she went to get money?—I do not know what she went for. Did you ever live with your aunt?—Yes. Where?—At Brentford. How came you to leave her?—Through a fall out. What was the fall out about?—Because I fetched beef-steaks instead of mutton
<lb/>chops. Do you mean to say that on your oath?—Yes. On your oath did not your aunt accuse you of stealing?—No. Be careful; did not your aunt send you away because you had robbed her?—No, sir, she did not. Do you ever go to see her now?—Yes. When?—I dare say it is about three months ago since I have seen her. How long is it since you lived with her?—A twelvemonth. Did you ever stay out three nights from home?—Never; I staid out one night, at my grandmother's. Did you ever attempt to drown yourself?—No, sir, I did not. Be careful; did not you stay out for three nights, and did not your father behave unkindly to you in conse
<lb/>quence; and did not you attempt to drown yourself?—No, sir, I did not.</p>
<xptr type="pageFacsimile" doc="185112150005"/>
<p>Nothing of the sort?—No; the reason 1 fell out with my aunt was, that she hit me, and I left her. I thought you said it was because you brought beef-steaks instead of mutton-chops?
<hi rend="smallCaps">MR. COMMISSIONER GURNET</hi>. That was the fall out.
<hi rend="italic">By</hi>
<hi rend="smallCaps">MR. PAYNE</hi>. How long did you live with her?—Five years. Did you not go to shops, mercers', and get things in your aunt's name, and was not that the reason she turned you away?—No. How lately before had you seen Richard Roberts before you were put into the
<hi rend="italic">cab</hi>?—A fortnight What is your father?—A rope-maker. What did you go to your aunt's for about three months ago?—To see her. How long did you stay, a minute?—No, sir, I staid all day. Do you mean to say you have ever been allowed to go to your aunt's house since the time you left, having lived five years with her?—Yes. Was your aunt at home?—Yes, Now, did you say to Mrs. Woodfield, 'Don't
<hi rend="italic">split</hi>, for God's sake, for I shall be a ruined young woman? '—I did not. Did Mrs. Woodfield ever write any letters for you?—No. Upon your oath, has not she several times written letters for you at vow request?—Never; I never spoke to the woman till she came to my father's house; all that I knew her by was telling fortunes. Did you call on Mrs. Woodfield and ask her to write some letters, one addressed to you, and another addressed to your father?—I did not. Did she ask you why yon wanted those letters written?—No. And did you answer, 'It is only a lark, Mrs. Woodfield, with Richard Roberts and a lot of us? '—No. And did you say, 'You must write it in a man's hand, for my young man's hand will be known, and spoil our
<hi rend="italic">lark</hi>? '—No. And did she not write the letters, and did not you take them for the purpose of putting them into the post?—No. Did not a person open the door to you, and did not you say, I want to see Mrs. Woodfield, I want a letter written? '—No. Did Mrs. Woodfield come to you before the last examination of the prisoner and entreat you not to go up and appear?—No, sir, it was after the first examination; she said she had beard the case in the paper, and that father would want a little of her assistance; she came to father's house; mother told her she knew nothing about it; she said she could give him a
<hi rend="italic">lift</hi>, one which would take him across the
<hi rend="italic">herring-pond</hi>; mother said she knew nothing about it, it was in the solicitor's hands; and she told me she did not mind taking a false oath for any one for a shilling. Was not one letter written in blue ink, by Mrs. Woodfield, for you?—No. I ask you once more, did not you say to her, 'Don't
<hi rend="italic">split</hi>, for God's sake, for I shall be a ruined young woman,' and did not she say, 'You don't mind ruining the young man? '—No, there was no such conversation between us; she wanted me to go to her house and have my planets told, and then I could find out the writing.
<hi rend="italic">Re-examined by</hi>
<hi rend="smallCaps">MR. HORRT</hi>. Do you know Mrs. Woodfield?—Yes. What is she?—A fortune-teller. You knew her in Limehouse as a fortune-teller?—Yes. How came you to go with her to Day's house?—By her persuasion; she asked me to go and take a walk with her, I said, 'No;' she said she wanted to see Mrs. Ellen, and I went, and then she asked me to show her the house. Was that all that passed between you?—She told me, going along, that she would help me over it, and she would give him a
<hi rend="italic">lift</hi>. Are you, or are you not, on good terms with your aunt, now?—Yes. Have you been so for some time past?—Yes.
<hi rend="smallCaps">MR. HORRT</hi>. And all the other questions which have been asked you are untrue.
<hi rend="italic">By</hi>
<hi rend="smallCaps">MR. COMMISSIONER GURNEY</hi>. Who did you go with to the house when you saw Day on the Saturday?—With my sister. Any
<lb/>body else?—No. Did anybody point him out to you?—No, he was sitting at the table with a pint pot, and I said it was him, and somebody</p>
<xptr type="pageFacsimile" doc="185112150006"/>
<p>said, 'Done,' and Day turned his head. How did you know where Day lived?—By going with the officer to his house when he was taken."
<hi rend="italic">The witness was afterwards re-called, and examined by</hi>
<hi rend="smallCaps">MR. COMMISSIONER GURNEY</hi>
<hi rend="italic">as follows, at the request of</hi>
<hi rend="smallCaps">MR. PAYNE</hi>: "You stated your age was nineteen last March?—Yes, I have my register here (
<hi rend="italic">handing a baptismal register to</hi>
<hi rend="smallCaps">MR. COMMISSIONER GURNEY</hi>.
<hi rend="italic">By</hi>
<hi rend="smallCaps">MR. PAYNE</hi>. Is your mother here?—Yes."
<hi rend="italic">After the examination of other witnesses, the proseculrix was again recalled, and, at the request of</hi>
<hi rend="smallCaps">MR. HORRY</hi>,
<hi rend="italic">examined by</hi>
<hi rend="smallCaps">MR. COM
<hi rend="italic">as fallows</hi>: "You described a part of the dress of the person who put you into the
<hi rend="italic">cab</hi>, had he a hat or a cap on?—A cap. What sort?—I cannot describe it; I cannot remember what sort it was. Was there anything about his mouth; was there anything you noticed about him except his cap, coat, and trowsers?—Nothing."</p>
<hi rend="smallCaps">MR. BUCKLER</hi>.
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. HORRY</hi>.
<hi rend="italic">Q.</hi> Did you take a note of the examination of Francis Helyer, the policeman?
<hi rend="italic">A.</hi> I did: he was called for the prosecution; also, Richard Roberts, John Bowie, Eliza Randall, William Tindal Robson, Ann Newman, Mary Ann Roberts, George Allen, and Dorcas Dickens.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-8" type="witnessName">
<interp inst="t18511215-name-8" type="gender" value="male"/>
<interp inst="t18511215-name-8" type="surname" value="DAY"/>
<interp inst="t18511215-name-8" type="given" value="WILLIAM"/>WILLIAM DAY</persName> </hi>. I am a barman. On 20th May, I was tried here for an assault, among other things, on the defendant—I know Ann Harriet Newman—I did not know her before 31st March—I did not cause any letter to be written to her, requesting her to meet me—I did not go to the Ben Jonson, at Stepney, on 31st March—I did not see the prisoner that day; the first time I saw her was 5th April; it was at the King John, Holywell-lane, about half-past 11 o'clock at night—I did not ask her on 31st March if her name was not Newman—I did not go into any
<hi rend="italic">cab</hi> with her, or have any
<lb/>thing to do with her, either on that, or any other day—I know Roberts—on 31st March, between 3 and 4 o'clock, I left Mr. Deakins, the Crown, at the corner of Holywell-lane, Curtain-road, where I lived as barman—I went to Mary Corran's, 10, Gloucester-street, Curtain-road, and asked for a lodging there; I was not able to get one, and went from there to the King John, Holywell-lane; I stayed there a half or three-quarters of an hour, and from there went to my father's, at the corner of Old-street and the Curtain-road—one side of his house is in Old-street and the other in the Curtain-road—it was about 5 o'clock when I got to my father's; I re
<lb/>mained there about three-quarters of an hour; I had my tea there—I had on green cloth trowsers, a black satin waistcoat, the same handkerchief which I have on now, a black frock coat, and a cap—I had not corduroy trowsers that day; I had a pair, which I used to wear at my work; Roberts has seen me in that working dress—when I left my father's house, I went to the Angel, in Fenchurch-street—it took me about a quarter of an hour or twenty minutes to get there from my father's—I remained there about ten minutes—I left about 7, and went across the road to the Black wall railway-station—I went by the railway to Poplar—I do not recollect by what train; the trains go every quarter of an hour—it was past 7, as near as can be; I cannot say to a minute or two—when I got to Poplar, I went to Sarah Oram's, who is now Mrs. Wells; I remained there about two hours, and then returned by the 10 o'clock train by the same railway, and went to the Angel, in Fenchurch-street again; I remained there nearly three hours; when I left it was near upon l—I then went to the King John, Holywell-lane—I do not know whether that is called a night-house, it was open then—I got there a few minutes after l—I remained there three quarters of an hour or an hour; I went there to see Charles Keene, the waiter—I intended to go home to my</p>
<xptr type="pageFacsimile" doc="185112150007"/>
<p>father's to sleep, as I had not got a satisfactory answer about my lodging; my father had accommodation for me; I left the King John about 2, and went home, my mother let me in—I sat in a chair for a time, and afterwards, lay down and went to sleep—I never went out again that night—I did not go into any strange house, where there were three gentlemen, or get the prisoner into a
<hi rend="italic">cab</hi>, and put her out into a dark street; nothing of the sort—I knew nothing about her till 5th April—I saw Roberts on 1st April.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. HORRT</hi>.
<hi rend="italic">Q.</hi> You were tried on 20th May and convicted; you heard the verdict of guilty against you?
<hi rend="italic">A.</hi> Yes; I was sentenced by the Judge to twelve months' imprisonment—I was present when my witnesses were called—my father was not one of them—my mother was; she has been very poorly since, and was not expected to live—she will be here, but she is as poorly as she can be; and my father is lying ill with the gout—I came out of prison on 15th July—I was in Coldbath-fields Prison—I saw nobody while I was there but the officers and the chaplain—no person came to me the whole time I was there; neither father, mother, or any friend; no one but those connected with the prison—I got out, by a memorial sent to Sir George Grey—I do not know who sent it—I have seen Mr. Field, Mr. Talbot, and Mr. Pelham to thank them for it—I believe Mr. Field is the collector to the Society for the Protection of Young Females; I do not know it—I have to thank all of them, I did not know one from the other, I was in prison—I know Mr. Talbot—I saw him to thank him for it—I do not know that an action has been brought against him by this defendant—I knew Roberts before; he was a witness against me on my trial—I know that he and the defendant are married now; they were married in June last; they told me so themselves—they sent me a notice that she would surrender, and told me so—I do not know whether they lived together, or that Roberts cannot give evidence now—I have known Roberts about six yean—I saw him while I was in the House of Detention; I did not send for him—I do not know whether my grandmother sent for him—I saw my grandmother in the House of Detention before my trial—Roberts gave evidence against me.</p>
<hi rend="italic">Q.</hi> Did you not hear him say, in consequence of a communication made to him by your grandmother, he came to see you at the House of Detention?
<hi rend="italic">A.</hi> I cannot say, I was fixed at the bar—I saw him give evidence—I cannot tell you how he came to call on me—I did say to him in the House of De
<lb/>tention, "This is a bad job; you know all about it."</p>
<hi rend="italic">Q.</hi> Will you be certain it was not" Do you know anything about it?"
<hi rend="italic">A.</hi> I will tell you what I said; I said, "You know all about it"—I did not say, "Do you know anything about it?"—! will swear that—Roberts did not say, "No,
<hi rend="italic">Bill</hi>; I understand it is you that knows about it"—I swear that—he said to roe, "
<hi rend="italic">Bill</hi>, it is a bad job; I think I know who is the guilty party"—I did not say, "You are the only one that can save me from going to the Old Bailey"—I know what I did say to him; if you will allow me to say what I did say, I will—I did not use the words "Old Bailey"—nothing of the sort; I swear that—he did not say, "Well,
<hi rend="italic">Bill</hi>, I won't say anything about that, it is a bad job"—if yon will allow me I will tell you—he said, "It is a bad job"—I said, "Yes, it is a bad job, and you know about it"—he said he believed it was a young man named M'Donald, and he meant to summon him up, and there was a girl who was frequently going to a dance.</p>
<hi rend="italic">Q.</hi> Now Roberts is here, do you persist in those answers?
<hi rend="italic">A.</hi> Yes; I did not ask him if he should see the girl Newman—nothing of the sort, only what I have just said.</p>
<xptr type="pageFacsimile" doc="185112150008"/>
<hi rend="smallCaps">ALDERMAN THOMAS QUESTED FINNIS</hi>. On the day of the trial in question, I was on afternoon duty—the trial commenced in the morning—I think I relieved Alderman Lawrence—the case excited a great deal of interest—I am quite satisfied I was there after 1 o'clock, and I did not leave the Court again—I think I heard the opening speech, but it is difficult to say—I think I recollect the defendant's face—I was there during the most important part of the case, but cannot say whether I was there when Mr. Horry made his speech, or when the girl was sworn.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-9" type="witnessName">
<interp inst="t18511215-name-9" type="gender" value="male"/>
<interp inst="t18511215-name-9" type="surname" value="WARDELL"/>
<interp inst="t18511215-name-9" type="given" value="ALFRED HENRY"/>ALFRED HENRY WARDELL</persName> </hi>. This name of Alderman Lawrence, in the Minute-book of the Third Court, is in my writing—when Day was tried, Mr. Russell Gurney and Mr. Alderman Lawrence were on the bench—I recollect the case—I think Alderman Lawrence was on the bench at the time this woman was sworn—she was the first witness sworn—I think I can say to the best of my belief Alderman Lawrence was there when she was sworn.</p>
<hi rend="italic">Cross-examined. Q.</hi> Do you recollect that sometimes the learned Judge was left without an Alderman?
<hi rend="italic">A.</hi> I do not think so, I think it was a very interesting case, and that the Alderman stopped the whole time—I do not think that several Aldermen came in and out—I fancy Alderman Finnis was there some part of the time—I cannot say that he was there at the commencement, but I think Alderman Lawrence was, and I have some recollection of it, or I should not have put the name down.
<hi rend="smallCaps">MR. ROBINSON</hi>
<hi rend="italic">requested the Court to amend the record by inserting the name of Ald. Lawrence in the caption. The</hi>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">considered that as the amendment could not injure the accused in her defence, it might be made, but that it must be done by substituting the name of</hi> Mr. Ald.
<hi rend="smallCaps">LAWRENCE</hi>
<hi rend="italic">for that of</hi> Mr. Ald.
<hi rend="smallCaps">FINNIS</hi>,
<hi rend="italic">which was accordingly done</hi>.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-10" type="witnessName">
<interp inst="t18511215-name-10" type="gender" value="male"/>
<interp inst="t18511215-name-10" type="surname" value="DAYIS"/>
<interp inst="t18511215-name-10" type="given" value="WILLIAM"/>WILLIAM DAYIS</persName> </hi>.
<hi rend="italic">Cross-examination continued</hi>. I did not ask Roberts if he should see the girl Newman—I said, "It is a bad job, do you know about it?"—I tell you what I said, and I cannot say any more—I said, "It is a bad job"—he said, "Yes, it is"—I said, "You know about it"—he told me he believed it was a young man named M'Donald, he meant to summon him up, and likewise be meant to summon a sailor up—I did not ask him whether he should see the girl Newman.</p>
<hi rend="italic">Q.</hi> Did not you say to him, "If you possibly can see her, do, and ask her to cry and make a flaw in the indictment?"
<hi rend="italic">A.</hi> Yes, because I knew I was innocent;—he did not say he could do no such thing, or anything of the sort—he afterwards bade me good-bye—I asked him why be called on me—he said he wanted to know about it, and I said, "You do know about it"—I mean to represent that—I met him at the Standard Theatre on 1st April—there was some young man there—I do not know that it was John Bowie—there was a boy called on the trial—I do not know whether that was the boy who was with us that night—I did not tell them then that I had had a fine
<hi rend="italic">lark</hi> last night with a girl, if Bowie and Roberts say so, it is false, or that I had driven her all round Poplar, Stepney, Charlton, and Woolwich in a
<hi rend="italic">cab</hi>—I said, "Roberts, how about
<hi rend="italic">this what</hi> your mother has been telling me this morning?"—he said, "What?"—I said, "Your mother says you have been taken to the hospital to see your girl lying there; it is a bad job; she did not know where to go to find you this morning when I went to pay for my washing"—he did not ask me where I left the girl—he asked me where I was yesterday, and I told him—we afterwards went to have a drop of beer together at the King John—he did not ask me that I recollect, "Did you leave the young woman any where near Sutton-street, Clerkenwell?"—just allow me to think, he did say something, I will tell you in a minute if I can recollect; well, I cannot recollect the words—I will not swear he</p>
<xptr type="pageFacsimile" doc="185112150009"/>
<p>did not say that to me—he did say something, but I have no recollection of what he did say—it was on 1st April—I did not say to him, "I think it was somewhere about there," or, "Well, I am not certain, it was somewhere about there"—I cannot remember what he did say, but if anything passed between him and me it was who should pay for the pot of beer—I am quite sure I did not say, "I think it was somewhere about there"—I have no recollection that he said anything about Sutton-street—I recollect going to see his mother on the morning of 1st April, at 96, Curtain-road—she washes my clothes as a laundress—I went to pay her for my washing—I had just left my place on the Monday—I did not ask her if
<hi rend="italic">Dick</hi> was at home—I can tell you what she said to me, and what I said to her.</p>
<hi rend="italic">Q.</hi> Did not she say, "No, he has been taken out by a policeman before 7 o'clock, for a young girl has been put in a
<hi rend="italic">cab</hi> and had chloroform given to her, and is taken into the hospital?"
<hi rend="italic">A.</hi> Some of those words, but she did not say about chloroform and a
<hi rend="italic">cab</hi>—she said her son had been taken out by a policeman to the hospital, where the girl was lying, that there was something the matter with her—I said, "Which hospital?"—she said she did not know—I said, "If you can find out, I will go with you"—she said she could not find out, he was always in a
<hi rend="italic">mess</hi>—she gave him a bad character, I know—she said she was almost out of her mind about him, and did not know where to go—I did not say to her, "I am in a pretty
<hi rend="italic">mess</hi>, like him, for I have had a girl in a
<hi rend="italic">cab</hi>, and do not know whether I shall get into a
<hi rend="italic">row</hi> or not," or, "whether I shall be punished"—I am quite sure about that—I recollect the policeman taking me—I was called out of the King John—I did not see the defendant come into the room first—her sister came in—I was then called out, and then saw the defendant—the policeman asked her if I was the person, and she said, "Yes" directly—the landlord called me out—I was called out twice—the policeman said, "You are wanted for a job with some girls; you had better come out, and see if you are the man"—I said, very well, I would come; and I did so—I was collared by two policemen and Mr. Allen, and was taken to the top of Holywell-lane, where I saw Newman and her sister walking along in front of me as I was going down the lane.
<hi rend="italic">Q.</hi> Were the words you said
<hi rend="italic">to</hi> Bowie and Roberts," There you are, Dick, I had a by
<hi rend="italic">spree</hi> last night along with a girl?"
<hi rend="italic">A.</hi> No; I said before and I will tell you again; I told you what I said; I will not deny what I do not know—I did not say, "We drove all round Limehouse, Stepney, and Poplar, and two or three other places I cannot think of;" I can tell you what passed—I know Charles Keene—I will swear I was at the King John that Mon
<lb/>day evening—Monday was the 31st; Monday I was their, and Tuesday too.</p>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> You have been asked about Mr. Field, and Mr. Talbot; did the Society in the first instance take up the case against you?
<hi rend="italic">A.</hi> I cannot say, I heard that they did; Mr. Talbot told me so—I believe they at first took it up, and then gave it up.</p>
<hi rend="smallCaps">MR. HORRY</hi>.
<hi rend="italic">Q.</hi> Do you know George Deakins, a licensed victualler, the person you left; were you not discharged by him?
<hi rend="italic">A.</hi> I gave him notice to leave, but he sent me off a week before my time was up; be did not charge me with having taken articles, and money from the till—I gave him notice—I know he is here—I had got a great number of letters in my box, addressed to a variety of persons—I had not got a variety of letters written by myself in my box; I do not suppose there were above three letters—I do not know that Mr. Deakins found a great number.</p>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> Did Mr. Deakins give yon a character to Mother place?
<hi rend="italic">A.</hi> Yes; and I got it on his recommendation—some letters were produced on</p>
<xptr type="pageFacsimile" doc="185112150010"/>
<p>my trial respecting Ann Newman, but not any found in my box, to my recollec
<lb/>tion—there were none found in my box written by me to other people—I have not, since the trial, seen the letters which were given in evidence, they were produced by Mr. Lewis, and shown to the girl in the witness-box, and read in her hearing on the part of the prosecution—Mr. Talbot is the secre
<lb/>tary of the Society; he told me himself he had come on purpose to prosecute me, but he saw I had proved an
<hi rend="italic">alibi</hi> by seven witnesses, and he had thrown it up—after that, he and others interested themselves to get me the pardon from the Crown—I was in prison, I did not know who got it up—it was about nine o'clock in the morning when I went to Mrs. Roberts's to pay for my wash
<lb/>ing; that was when she told me about her son being locked up—the defend
<lb/>ant's sister came into the public-house, not the girl herself; but when I came out they were together walking on in front, and we got up to them—before the landlord called me out, the sister came and looked at me, and then she came again, and I said, "Oh! is it you?" because she had been before and asked for Richard Roberts; and as I knew her, I went out to speak to her—Roberts was not there, but he was close handy, for I saw him along with the girls—I had not known the defendant or her sister before—I saw Roberts near, and followed the two to the station-house—the prisoner and her sister were together at the time—I said, "Oh! is it you?"—before that the sister had been into the public-house twice, once when she came to ask for Roberts, and once when I went out to her—I had not seen the prisoner at all till I was outside the place—I saw Roberts following me to the station, 200 or 300 yards behind—I had seen him ten minutes before I was taken, and Mr. Allen, the policeman, was waiting there the whole of the time.</p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> Had Roberts and you had any quarrel previously?
<hi rend="italic">A.</hi> No; I had not been with him above twice for two years; once was about last 5th Nov. twelvemonth.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You had not seen him for two years?
<hi rend="italic">A.</hi> I had not spoken to him, I had not been in his company two hours together for two years; he has been about Pentonville, and I have been quite the contrary way.</p>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> Did you know Mrs. Wood field at all before you were taken before the Magistrate?
<hi rend="italic">A.</hi> No; I heard Roberts say on the trial that he had had no quarrel with Harriet Newman before 1st April, and that he had seen her some time in the previous week, and they had parted good friends.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-11" type="witnessName">
<interp inst="t18511215-name-11" type="gender" value="female"/>
<interp inst="t18511215-name-11" type="surname" value="CORRAN"/>
<interp inst="t18511215-name-11" type="given" value="MARY ANN"/>MART ANN CORRAN</persName> </hi>. I live with my father in Gloucester-street, Curtain-road. I know William Day—on 31st March he called on me at about half-past 2 o'clock, and asked if be could leave his box at my place; I told him yes—he left it, and came again at about half-past 4—he asked for a lodging, and I told him my father was not at home, and I could not give him a decided answer—he remained about ten minutes.</p>
<hi rend="italic">Cross-examined.</hi> Did you know him when he was in Mr. Deakin's ser
<hi rend="italic">A.</hi> Yes; I first heard that he was in custody on the Sunday after
<lb/>noon, as he was taken on the Saturday—) went before the Magistrate—I cannot say exactly how soon that was after he was taken—I am quite sure I saw him on 31st March, because he left his place that day—my father had a notice that day from his Society, a Teetotal Society, that is the reason I know it was 31st; it was a notice for the 31st—I swear that paper was not left on the Monday, 7th April, but on that very same day.</p>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> You say you know it because he left his place that day, you know at any rate that he left his box?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-12" type="witnessName">
<interp inst="t18511215-name-12" type="gender" value="male"/>
<interp inst="t18511215-name-12" type="surname" value="DAY"/>
<interp inst="t18511215-name-12" type="given" value="JOSEPH"/>JOSEPH DAY</persName> </hi>. I am the father of William Day, and live in the Curtain-road; I am a
<hi rend="italic">cabman</hi>, No. 5910. I recollect 31st March well—my son</p>
<xptr type="pageFacsimile" doc="185112150011"/>
<p>called on me that afternoon, about teatime, between 5 and 6 o'clock, of about that time—I had been laid op with the gout three months—my wife is ill now, and incapable of coming here to-day—she was at the trial—I was just recovering at that time—I only saw my son for a few minutes—he had been to inquire for a lodging next door—he had tea at my house, but I did not see him—I came home, and found him there.</p>
<hi rend="italic">Cross-examined. Q.</hi> You were very much afflicted at that time?
<hi rend="italic">A.</hi> Yes; I had been confined three months previously, and had walked out that day for the first time—my wife came here at my son's trial—I could not come—I was here one day, but with great difficulty—I was not called as a witness—my wife testified to the fact of his being at home—I was here the day my wife was examined—I know it was 31st March that my son came and had tea with us, by knowing it was the day be left his situation—I was aware previously that he was about to leave—he had told me three or four weeks before that he had notice—I did not know that he would leave that day—I know he quitted that day—I cannot say that I knew when the notice expired—I know from no other source except what my son said to me—I under
<lb/>stood the notice expired on 31st March—I do nut know the exact day of his discharge—I never heard it from him.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Do you mean to represent that your son told you his notice expired on 31st March?
<hi rend="italic">A.</hi> Exactly, that he quitted that day; I believe his master gave him notice—I only know when he left—I know nothing at all about whether he gave notice, or his master.</p>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> How long did you remain here on the occasion when your wife was examined?
<hi rend="italic">A.</hi> About two hours, I dare say; my wife was at home with my son when I went home on 31st March—I cannot say how long they had been together.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-13" type="witnessName">
<interp inst="t18511215-name-13" type="gender" value="female"/>
<interp inst="t18511215-name-13" type="surname" value="GOODEY"/>
<interp inst="t18511215-name-13" type="given" value="HARRIET"/>HARRIET GOODEY</persName> </hi>. I live in the Curtain-road, within one door of Day's father's. I remember, on the evening of 31st March, young Day coming to my place—I had a bill in my window stating I had a bed to let, and he came to inquire if I had one to let—it was about half-past 5 o'clock, as near as I can tell; it was past 5, but it had not gone 6—my house is in Charlotte-street, which runs out of Curtain-road—it is a very long way from the Ben Jonson at Stepney—I could not accommodate Day, as the young man who was sleeping in the bed was not going to leave that night.</p>
<hi rend="italic">Cross-examined. Q.</hi> You have not been a witness before in this Court?
<hi rend="italic">A.</hi> Yes; I was here, and was called—I remember this was on Slst March, because the young man who was sleeping in my bed left that night—I did not know he was going to leave, and he was bound apprentice to a Mr. Lacey—I am quite sure it was not 30th March, or 1st April—I particularly noticed the date—the next morning was 1st April—Day had not got on a pair of corduroy trowsers—he bad a dark coat on, but I cannot say whether it was black—I was not asked to attend as a witness for him till he came to this Court—I was not asked to go before the Magistrate—I was summoned to attend in the course of the same week that the trial occurred.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-14" type="witnessName">
<interp inst="t18511215-name-14" type="gender" value="female"/>
<interp inst="t18511215-name-14" type="surname" value="BROOKS"/>
<interp inst="t18511215-name-14" type="given" value="JANE"/>JANE BROOKS</persName> </hi>. On the evening of 31st March I was at the Angel, in Fenchurch-street—I am bar-maid there, and am the niece of the person who keeps the house—I saw Day there, between 6 and 7 o'clock, and he had a pint of half-and-half, with a female of the name of Mrs. Roberts, who cleans for my aunt—Day came in with her, and went out with her—he paid for what was had—he was giving her something to drink—he remained some minutes.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Do you know Richard Roberts?
<hi rend="italic">A.</hi> No, nor his mother.</p>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> What time did they leave the Angel?
<hi rend="italic">A.</hi> I believe</p>
<xptr type="pageFacsimile" doc="185112150012"/>
<p>at 5 or 10 minutes to 7, or it might be a little more; I will not be sure—Day was at our house again about half-past 10, or a quarter to 11, and had a glass of half-and-half—he remained till about l—all the people had gone out of the house, and he happened to fall asleep in a corner of the tap-room—he was quite alone then—I did not notice whether he had corduroy trowsers on or not—I know he had rather a darkish coat on, but I cannot say whether it was black or not—he had a scarf round his neck, with red in it, and blue or green at the end—I have not seen him with that to-day.</p>
<hi rend="italic">Cross-examined. Q.</hi> Have you seen that gentleman (Mr. Reeve) since the trial in May last?
<hi rend="italic">A.</hi> Not that I am aware of; there are a great many people come to the house—I have not seen him to consult about my evidence to-day—I have seen no one about my evidence till I came up here—no one has taken it down—before the last trial I saw a gentleman who was up here before, he was a lawyer; I believe his name is Pelham—I know this was on 31st March, because there were some men standing at the bar having some rum, and they said the next day, 1st April, was their birthday—it was not Tuesday night; it was Monday night—when the customers came in the morning I told them it was 1st of April, and I asked one customer, what was in the tap-room, and I tried, in a joke, to make an April fool of him—that was a man named Gardner—I was first asked about the day about a week after, I believe; I cannot say to a day; it might have been a little more than a week—I then recollected it immediately—I first told this story when I came here in May—that was two months afterwards—I was told I was wanted on the trial, to tell how that William Day was at the Angel on 31st March—it was not after that I began thinking of this conversation—I was examined in May—I believe I recollect your questioning me—I told you the truth then—I said I knew it was 31st March by my making out bills, and by the young men standing at the bar drinking rum—they were bills I made up from week to week—we were rather busy that night—there were a good many people; I cannot say whether there was as many as 100—perhaps I had served as many as 100 between 4 and 8 o'clock; I had not counted them.</p>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> How long have you been in the habit of seeing Day?
<hi rend="italic">A.</hi> About eight or nine months—I said at the trial, "I know it was the 31st, because there was a young man at the bar having some rum, who said it would be his birthday on 1st April"—he was a stranger—the Angel is not three minutes' walk from the Blackwall Railway-station, almost opposite to it.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-15" type="witnessName">
<interp inst="t18511215-name-15" type="gender" value="female"/>
<interp inst="t18511215-name-15" type="surname" value="WELLS"/>
<interp inst="t18511215-name-15" type="given" value="SARAH"/>SARAH WELLS</persName> </hi>. My name was Sarah Oram. I have known William Day between ten and twelve months—I remember the 31st March last—I was then living at Ann-street, Prospect-road, East India-road—Day came to me that evening at about 10 minutes to 8 o'clock, and remained till 5 or 10 minutes to ten—he left me to go to the Railway station.</p>
<hi rend="italic">Cross-examined. Q.</hi> You were then at the Guy, Earl of Warwick?
<hi rend="italic">A.</hi> In April I was, and at the time of the trial, but not on 31st March—I am posi
<lb/>tive it was 31st March, because on 3rd April I went to my situation, and it was a couple of days before.</p>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> How was he dressed?
<hi rend="italic">A.</hi> He had dark trowsers on, striped with blue—they were not corduroy.</p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> Had he a hat or cap on?
<hi rend="italic">A.</hi> A hat.</p>
<hi rend="smallCaps">MR. HORRY</hi>.
<hi rend="italic">Q.</hi> When were you first asked about his trowsers?
<hi rend="italic">A.</hi> At the Thames Police-court, about a fortnight or three weeks after 31st March, I cannot exactly recollect—I was in the habit of often seeing him—I particu
<xptr type="pageFacsimile" doc="185112150013"/>
<p>noticed his trowsers, as being new—he had a black frock-coat on, and a hat.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-16" type="witnessName">
<interp inst="t18511215-name-16" type="gender" value="male"/>
<interp inst="t18511215-name-16" type="surname" value="SWATTON"/>
<interp inst="t18511215-name-16" type="given" value="WILLIAM"/>WILLIAM SWATTON</persName> </hi>. I am a licensed victualler, and keep the
<hi rend="italic">Ben</hi> Jonson—the nearest
<hi rend="italic">cab</hi>-stand to there is in White-horse-street, near the Blackwall Railway-station—that is about a quarter of a mile off—I believe I was at home on the afternoon of 31st March; I cannot say positively—I did not hear any screams or disturbance opposite my house, and I never heard of it.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> But you are not sure you were at home that day?
<hi rend="italic">A.</hi> I cannot positively say that—I was that afternoon—I was at home all that week—I never heard any screams, and never heard that any of my neighbours did.</p>
<hi rend="italic">Cross-examined. Q.</hi> I believe you are patronised by the cabs?
<hi rend="italic">A.</hi> No; they do not come to me, they never did—the nearest
<hi rend="italic">cab</hi>-stand is about a quarter of a mile off—there is a public-house within 100 yards of mine, and another within 150 yards.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-17" type="witnessName">
<interp inst="t18511215-name-17" type="gender" value="male"/>
<interp inst="t18511215-name-17" type="surname" value="FULTON"/>
<interp inst="t18511215-name-17" type="given" value="GEORGE"/>GEORGE FULTON</persName> </hi>. I am a gas-fitter, and reside nearly opposite the
<hi rend="italic">Ben</hi> Jonson. I cannot recollect whether I was at home about 5 o'clock on the afternoon of the 31st March—I did not hear of any noise or disturbance having been heard about that time in the neighbourhood—I do not recollect anything at all about the matter—I was applied to by the parties to know whether I did, and I said I did not—I cannot even say I was at home.</p>
<hi rend="italic">Cross-examined. Q.</hi> Who asked you to come here?
<hi rend="italic">A.</hi> I do not know; it was not Mr. Field—I know Mr. Pelham, it was not him—they were friends of the young man's, I suppose; they were entire strangers to me—it is a very public road, and very much frequented about 8 o'clock—it is called the Old-road, or Well's road; there is a great traffic there.</p>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> Is it a place where it would be likely a person could, be forced into a
<hi rend="italic">cab</hi> against her will?
<hi rend="italic">A.</hi> It might so happen; but it is a place where, if there was any confusion, I should think it must be seen by some one—it is a great thoroughfare throughout the day.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-18" type="witnessName">
<interp inst="t18511215-name-18" type="gender" value="female"/>
<interp inst="t18511215-name-18" type="surname" value="WOODFIBLD"/>
<interp inst="t18511215-name-18" type="given" value="ELIZABETH"/>ELIZABETH WOODFIBLD</persName> </hi>. I am a widow, and now live in Burr-street, Butcher
<lb/>row, Ratcliffe. I have known Harriet Newman from a baby, and I have known her family above twenty-five years—I did not know William Day before this transaction, or any of his friends—Day never employed me to write letters for him—I never saw him till after he had been committed, and came out on bail from the House of Detention—I remember Harriet Newman coming to me about from 17th to 25th March—I cannot say the day—it was early in the morn
<lb/>ing, at least about 9 o'clock—I am not an early riser; I sit up very late—I was not up when she came—my landlord, a person of the name of Crockford, who is a shoemaker, and is here, opened the door to her, and told me I was wanted—I asked who it was, and Harriet Newman came to my room-door, and said, "It is only me, Mrs. Woodfield;" and I said, "Harriet, come in; I do not mind you"—I had, before that, repeatedly written letters for her and for the whole family for twenty-five years—she said she wanted a letter written, and she brought some paper in her hand—she dictated it herself, and said it was to meet a young man—I said, "Harriet, what
<hi rend="italic">game</hi> are you up to?" and she replied immediately, "Mrs. Woodfield, it is only a game between
<hi rend="italic">Dick</hi> Roberts and I and two other girls to have a
<hi rend="italic">game</hi> between
<hi rend="italic">Dick</hi> Roberts and the girls," or "two of the girls," I cannot swear which, but one of the two—she told ire I was to write it in a man's hand as well as I could—I was to write it so, because her young man's band would be known, and it would spoil the
<hi rend="italic">lark</hi>—she knew I knew
<hi rend="italic">Dick</hi> Roberts kept company with her—she also asked me to write her two directions, the one was for Richard Roberts in the Curtain-road (I did not know where he resided), and the other was for</p>
<xptr type="pageFacsimile" doc="185112150014"/>
<p>her own name in Manning-street, Limehouse-fields—I knew where she lived—this letter (
<hi rend="italic">the one produced</hi>) is the one I wrote at her dictation—(
<hi rend="italic">read</hi>—"Monday morning. Dear Harriet,—I wish you to meet me this evening at 5 o'clock, as I have something to say to you particular. I shall wish you to meet me alone, as I shall be alone myself; and will, if agreeable, see you home, and hope we shall be happier than we have been. Yours unhappy, R. Roberts.") directed to "Harriet Newman, No. 8, Manning-street, Limehouse-fields"—I said at the time I wrote this, that I would sooner write three or five letters at my own dictation than write one for another person—I think there was another letter written at that time—she stated that she wished me to write another letter; it was for another party, but it was to be directed to her house to say, that instead of 4
<hi rend="italic">s</hi>. he would give her 5
<hi rend="italic">s</hi>.; it had nothing to do with this affair—I borrowed the pen and ink with which I wrote the letter from my land
<lb/>lord—he uses copperas in his ink, and that has given the writing this rusty appearance—I saw this letter at the last trial—it was handed to me, and I just looked at it as I do now—I did not know Day was in custody till his second appearance at the Thames Police-court while on remand—I heard of it from an aunt—on the third day of his appearing I went to Harriet Newman, and said, "Now, Harriet, if you do persist in prosecuting this innocent young man, I certainly shall say what I know"—she put her hands together, and said, "Oh, Mrs. Woodfield! if you
<hi rend="italic">split</hi>, I am a ruined young woman;" and I said, "If I do not, he is a ruined young man; you are the guilty party, and I would wish to save you both"—from the knowledge I had of the family, that was my wish; but I said, "I will save the innocent"—she then, at my suggestion and wish, went with me to Day's grandmother's in the Curtain-road—Newman's mother spoke of the expense they had been put to at the three hearings at the Court—the prisoner was present—I replied, "Well, I dare say you have; but go with me up to the grandmother's, and perhaps she will give you something towards the expenses;" and we went—I never said that I had beard the case in the paper, and that her father would want a little of my assistance, and I could give Day a
<hi rend="italic">lift</hi> across the
<hi rend="italic">herring-pond</hi>—I only went to the grandmother's on account of her mother speaking of the ex
<lb/>pense she had been put to—we did not get any money—she went for the purpose of seeing whether the grandmother would pay—I remember the circumstance of the prisoner living with her aunt, whom she robbed—I did not see her there, but I remember the time; it was bout two years ago.</p>
<hi rend="italic">Cross-examined. Q.</hi> You were not before the Magistrate on the hearing of the defence of Day, were you?
<hi rend="italic">A.</hi> I was not—I was at his trial here, and gave evidence for him, the evidence I have given to-day—he was convicted—I have been getting my living since May last the same as I got it before, and I think you ought to know it; by letter-writing, and I have brought you 12 briefs, Mr. Horry—you will allow me to say that my clients have been very poor indeed, and I have paid for the depositions out of my own pocket, and I have paid you 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., 10
<hi rend="italic">s</hi>., and 12
<hi rend="italic">s</hi>. at a time—I must tell the truth—you received me at your chambers as a lady—I get my living by writing letters, petitions, or any formal documents that are to be written, briefs occasionally—perhaps I go by the name of the female lawyer, and you go by the name of the cheap barrister—I am sorry to make these remarks in Court, but you call for them.</p>
<hi rend="italic">Q.</hi> You act as a fortune-teller, do you not?
<hi rend="italic">A.</hi> I have told your fortune very pleasantly when I have come to pay you—I have given you a brief within these two years—I do not get my living by telling fortunes—I was never in the House of Detention in
<hi rend="italic">my</hi> life—what do you call the House of</p>
<xptr type="pageFacsimile" doc="185112150015"/>
<p>Detention?—I was in prison for an assault—a woman spit in ray face, and I had a pint pot in my hand, and I gave her a
<hi rend="italic">crack</hi> on the head, and I would do so to you if you offended me—I was never taken to the House of Cor
<lb/>rection for fortune-telling—I say that in the presence of sergeant Redman—I was never put into the van by sergeant Redman, and taken to prison for telling fortunes—I have only been with sergeant Redman once, when I knocked the woman with the pot—I have been twice in custody for assaults—I was fined on each occasion, and I could not pay—I have not been in the House of Correction or Detention except for the assaults—I get my living by writing—I wrote for you a short time ago—it is not a long time ago, if you will refer to your briefs—I have a copy of the last petition I wrote in my pocket—you will see the date of it—I never wrote for William Day—I never knew him—this petition (
<hi rend="italic">produced</hi>) is the last I wrote—I wrote it two days ago—I was employed to do it about last Thursday by a man of the name of Doyley—this is a copy—I am employed daily by persons wanting letters written—I wrote a letter the other day for a person of the name of Smith—I cannot tell you who or what he is—he came to my house to have it written, and I wrote it—I see no more of the people—that is the way I get my living—I took so active a part in Day's defence, that I would not see a young man committed to prison when I knew he was innocent—I did not go before the Magistrate when he was in custody—I did not know of it till it was too late—I did not know he was in custody till he was committed—I do not recollect when he was committed—I know there were three examinations, and the day before the third examination I went to Harriet Newman, and begged her not to prosecute that innocent young man—that was before the last bearing—I did not go to the last hearing because I thought the girl would never appear—I thought she never would have the impudence to appear—I was at the police-office—I am there every day—I did not go in, because I thought she would not appear—I can get into the office whenever I like—any of the clerks will open the door for me—I think I have helped to take out subpoenas for Day on one or two occasions—I have not seen all the witnesses that have been examined to-day, I have some—I saw Mr. Field a few days ago, and spoke to him about this case—I have not been active in getting up this prosecution; I have had very little to do with it—I was subpoenaed to give evidence on Friday or Saturday, not before—I knew the trial was to come on the first day of last Session—I was aware the bill was found—I was not spoken to about coming on the trial till I was subpoenaed.</p>
<hi rend="smallCaps">MR. PATNE</hi>.
<hi rend="italic">Q.</hi> Why did you interest yourself about the last trial?
<hi rend="italic">A.</hi> I went to Harriet Newman, and intreated her not to prosecute that innocent young man, that she was the guilty party, because she had the direction written as well as the letter—I did not interest myself at the request of Day, for he did not know me, or know where to find me till I went to his grand
<hi rend="smallCaps">
<persName id="t18511215-name-19" type="witnessName">
<interp inst="t18511215-name-19" type="gender" value="male"/>
<interp inst="t18511215-name-19" type="surname" value="CROCKFORD"/>
<interp inst="t18511215-name-19" type="given" value="ROBERT"/>ROBERT CROCKFORD</persName> </hi>. Mrs. Woodfield is my lodger, and was so in March last—I know the prisoner, she called in March last, and said she wanted Mrs. Woodfield; I knocked at Mrs. Woodfield's door, she said to the pri
<lb/>soner, "Come in," and I went to my own room—Mrs. Woodfield afterwards came to my door, and asked me to lend her a pen and ink, she wanted to write a letter—my ink had got copperas in it, it was bad—it is what I use for doing my shoes with.</p>
<hi rend="italic">Cross-examined. Q.</hi> You have been out of Court while the trial has been going on?
<hi rend="italic">A.</hi> Yes; I have had no conversation with Mrs. Woodfield about the evidence to be given to-day—I said at the last trial that there was</p>
<xptr type="pageFacsimile" doc="185112150016"/>
<p>copperas in the ink; this is not the first day I have said it in any Court—there is copperas in it when I buy it, but I put more in for my own use—the first time I mentioned it was when I was here last time in the month of May—Mrs. Woodfield has not told me something about it, or I her—I can pro
<lb/>duce the ink-bottle if you want it.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-20" type="witnessName">
<interp inst="t18511215-name-20" type="gender" value="female"/>
<interp inst="t18511215-name-20" type="surname" value="NAPPER"/>
<interp inst="t18511215-name-20" type="given" value="MARY ELIZABETH"/>MARY ELIZABETH NAPPER</persName> </hi>. I am the prisoner's aunt, and live at Brent
<lb/>ford; I am a widow. She lived with me a great while, and left in Feb., two years and ten months ago—(
<hi rend="smallCaps">MR. HORRY</hi>
<hi rend="italic">objected to evidence affecting the prisoner's character, as she had no opportunity of denying on oath what her aunt said</hi>.
<hi rend="smallCaps">MR. ROBINSON</hi>
<hi rend="italic">contended, that as there was an assignment in the indictment that the prisoner had said her aunt had never charged her with robbing her, and that she had never attempted to drown herself, it became material to prove it. The</hi>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">considered that the evidence ought to be admitted</hi>.) I know a Mr. Marriner, a waterman, and Jane Neale, and Thomas Honeybone—the prisoner did not leave me in consequence of having fetched beef-steaks instead of mutton-chops—we did not fall out, and I did not turn her away on that account—I did not accuse her of stealing—I missed a 10
<hi rend="italic">l</hi>.—note, and chastised her about it—I charged her with having taken it—she did not buy a gold watch with it, it was a silver one—she did not try to drown herself, she only did it purposely to frighten me, because I was going to send her away; she threw herself into the river; my place is close to the Thames—she could not get in because the gate was locked, and she jumped from the palings—Marriner did not bring her in, I fetched her in myself—I have never seen her since she left me; this is the first time I have seen her for these two years—my sight is not very good, but I am sure it is her.</p>
<hi rend="italic">Cross-examined. Q.</hi> How long is it since she called on yon?
<hi rend="italic">A.</hi> I have not seen her for these two years and ten months—she lived with me five years off and on—I was first asked to come here, last Thursday, by Mr. Field.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-21" type="witnessName">
<interp inst="t18511215-name-21" type="gender" value="male"/>
<interp inst="t18511215-name-21" type="surname" value="HONEYBONE"/>
<interp inst="t18511215-name-21" type="given" value="THOMAS"/>THOMAS HONEYBONE</persName> </hi>. I am a watchmaker. I have heard of a charge being made against the prisoner, but I never taw her in my life before—I heard of her throwing herself into the river; I did not see it—she did not change a note with me personally; there was a note changed—I have seen a silver watch in the hands of her aunt.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-22" type="witnessName">
<interp inst="t18511215-name-22" type="gender" value="female"/>
<interp inst="t18511215-name-22" type="surname" value="NEALE"/>
<interp inst="t18511215-name-22" type="given" value="JANE"/>JANE NEALE</persName> </hi>. I know the girl at the bar—I recollect when she was living with her aunt, two years and ten months ago—I recollect a charge being made against her by her aunt, she was not present—I have bad no conversa
<lb/>tion with her on the subject—I saw her throw herself into the river—she did it by climbing over some palings, and jumping into the Thames—it was about 10 o'clock in the morning, or half-past—I do not know the depth of the river, a waterman brought her out; she was wet; I assisted in undress
<lb/>ing her—it was not many minutes before she was brought out; she was quite sensible.</p>
<hi rend="italic">Cross-examined. Q.</hi> Was it the Thames running by the gardens?
<hi rend="italic">A.</hi> Yes; she ran down hurriedly to do it.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-23" type="witnessName">
<interp inst="t18511215-name-23" type="gender" value="male"/>
<interp inst="t18511215-name-23" type="surname" value="MARRINER"/>
<interp inst="t18511215-name-23" type="given" value="JOHN"/>JOHN MARRINER</persName> </hi>. I am a waterman, of Brentford. I recollect some tine since a girl throwing herself into the water from Mrs. Napper's house—I picked her up, put her into my boat, and delivered her on to the shore—I cannot say how deep the water was—it was above a foot—there is a bed of mud which extends pretty nigh to low-water mark—I do not know the defendant, she has altered so.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-24" type="witnessName">
<interp inst="t18511215-name-24" type="gender" value="male"/>
<interp inst="t18511215-name-24" type="surname" value="SMITH"/>
<interp inst="t18511215-name-24" type="given" value="JOHN"/>JOHN SMITH</persName> </hi> (
<hi rend="italic">policeman, T</hi> 92) I was some time ago a warrant-officer,</p>
<xptr type="pageFacsimile" doc="185112150017"/>
<p>of Brentford. I know Mrs. Napper very well, and recollect her niece, who lived with her, stealing a 10
<hi rend="italic">l</hi>.—note—to the best of my belief the defendant is the person—she charged her with it in my presence, and said she had attempted to drown herself.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">MR. WAUDELL</hi>.
<hi rend="italic">Q.</hi> you were the officer of the Court when Day's case was tried?
<hi rend="italic">A.</hi> Yes; I should say I took Day's plea—only the letter "p" on this indictment is my writing, and that is afterwards erased; there is nothing here now which enables me to speak to what the prisoner pleaded to—I believe I took the plea; I have every reason to believe I did, and that he pleaded not guilty—this "puts and surrenders" in the book is in my writing too—(
<hi rend="smallCaps">MR. STRAIGHT</hi>
<hi rend="italic">here explained to the Court, that when a prisoner is called upon to plead, instead of putting, "puts himself," the letter "p" is put, and afterwards the minute is made on the record</hi>.) I have every reason to believe that I did write "
<hi rend="italic">p</hi> "—I can say that the prisoner pleaded not guilty—this entry in the book was made by me; the whole of the minute in the book is not in my writing; "surrenders and puts himself" is in my writing; I wrote it directly after the prisoner pleaded, while the case was going on, and on this occasion I have copied it myself on to the face of the indictment; I have written "Surrenders and puts himself, Jury say Guilty on the 3rd, 4th, and 6th Counts only"—that is according to the usual practice of this Court, putting "p" in the first instance, then putting "p "in the minute-book, and afterwards copying it on to the indictment—these are the minutes from which the record would be made up if required.</p>
<hi rend="smallCaps">MR. HORRY</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">WILLIAM DAY</hi>.
<hi rend="italic">Q.</hi> Who was it that first spoke to you about preferring this indictment?
<hi rend="italic">A.</hi> Myself; I spoke to the Chaplain of Coldbath Prison, and after I came out I acquainted my friends with it—I have found all the expenses of this prosecution; it has cost me about 30
<hi rend="italic">l</hi>. since I have been out of prison, me and my friends—it has all come from my grand
<lb/>mother—I have had to pay all the witnesses—I wanted advice, applied to Mr. Field, and he helped me, not with money—I went before the Grand Jury in the first instance, and did not go before a Magistrate.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">MRS. WOODFIELD</hi>.
<hi rend="italic">Q.</hi> Look at that paper; is that one of the directions you wrote?
<hi rend="italic">A.</hi> Allow me to put on my spectacles; I wrote two directions, this is one of them; if you wish to see my handwriting I will give it you—it is to Richard Roberts—I wrote it some time in March, it was about the time I wrote the letter; she said I must write them in the same hand as a man if I could, or it would spoil the
<hi rend="italic">lark</hi> if I did not—these are the two directions I wrote by her dictation—(
<hi rend="italic">they were on the same piece of paper</hi>)—I wrote them both on one paper.</p>
<hi rend="smallCaps">MR. HORRY</hi>
<hi rend="italic">called the following Witnesses for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18511215-name-25" type="witnessName">
<interp inst="t18511215-name-25" type="gender" value="male"/>
<interp inst="t18511215-name-25" type="surname" value="HELYER"/>
<interp inst="t18511215-name-25" type="given" value="FRANCIS"/>FRANCIS HELYER</persName> </hi> (
<hi rend="italic">policeman, G</hi> 47). I was a witness, in May last, on the trial of William Day, on the prosecution of the defendant—I recollect seeing her on the morning of 1st April, at half-past 1 o'clock, at the step of a door in Sutton-street, Clerkenwell, in a very exhausted state, almost insensible—I found this paper in her right hand—I took her by the right arm and tried to lift her up—I found she could not stand, and sent for another constable—we took her on a stretcher to the station, and the inspector ordered me to take her to the hospital—I stopped with her while the other constable went for a stretcher—she was in such a condition that we could not detain her in the station—we took her to the hospital immediately, five minutes afterwards, and left her in the care of Mrs. Randall, the nurse—I did not take particular notice of her clothes when I found her—the backs of both her hands were</p>
<xptr type="pageFacsimile" doc="185112150018"/>
<p>smeared with blood all over—I had no opportunity of judging how the blood came there.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> Was there no mark or anything to account for the blood?
<hi rend="italic">A.</hi> No, I did not observe whether her gown was torn, or not.</p>
<hi rend="italic">Adjourned</hi>,</p>
<hi rend="italic">Tuesday, December</hi> 6
<hi rend="italic">th</hi> 1851.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-26" type="witnessName">
<interp inst="t18511215-name-26" type="gender" value="female"/>
<interp inst="t18511215-name-26" type="surname" value="ROBERTS"/>
<interp inst="t18511215-name-26" type="given" value="MARY ANN"/>MARY ANN ROBERTS</persName> </hi>. I am a widow, of 96, Curtain-road, and mother of Richard Roberts. I know William Day—he came to me on the morning in question, about half-past 9 o'clock, to pay for some washing—he asked me if
<hi rend="italic">Dick</hi> was at home—I told him no, he was taken out that morning by a police
<lb/>man, concerning a young girl who was taken away in a
<hi rend="italic">cab</hi>, and had the chloroform given to her, and was in some hospital—he said
<hi rend="italic">Dick</hi> was in a by mess, like him; he had bad a fine game in a
<hi rend="italic">cab</hi> with a girl the night before, and he did not know whether he should be punished, he did not know, and he did not care—he did not say anything about chloroform, I did.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> Did you say anything about your son being always in a mess himself?
<hi rend="italic">A.</hi> No, he never was in a mess, not of any consequence—he has quarrelled with his playmates, but he never was in any mess—I washed for Day six weeks, and he came to pay me part—my son had been taken away about 7 o'clock that morning, and was then in custody, I sup
<lb/>pose—he had come home the night before between 11 and 12, it might be past 12—I will take my oath it was not past I—I did not look at the clock—he was quite sober—I did not tell Day he came home at 2, nor that he was drunk—he was drunk in the middle of the day, but slept it off—it was his mistress's birthday, and she thought fit to treat her men, he got more than he ought, and he came home about 3 in the afternoon, went to bed, and did not get up till past 8—he is an optician.</p>
<hi rend="italic">Q.</hi> Is he a journeyman to some widow who keeps a shop?
<hi rend="italic">A.</hi> He does not work there now—they did not agree, and they parted—they discharged one another—my son went out at 9 o'clock, when the girl's sister came for him concerning the letters that were sent—that was Elizabeth Newman, Ann was missing—Elizabeth came to see if my son was at home, and she brought the two letters which had been sent, one to Harriet, and one to her father, after she was gone—I can read and write a little, but I cannot do much—I cannot read writing—I can sign my own name—I cannot say to a few minutes the time my son went out and came home—I did not know there was anything occurred, and therefore I did not notice, the next morn
<lb/>ing Day came to me.</p>
<hi rend="smallCaps">MR. HORRY</hi>.
<hi rend="italic">Q.</hi> It was on 31st March that your son had unfortunately too much liquor?
<hi rend="italic">A.</hi> Yes, Newman's sister came about 9 o'clock to inquire about letters, because her sister was missing—it was she that told me about the letters—she brought two letters—I should not know either of them—I did not take them in my hand—I had just been out to take some washing home, and come home, and she was there, and my son and another young man were talking to her—I saw the letter in her hand, they were of this shape and appearance (
<hi rend="italic">looking at the letter</hi>) but I did not have an opportunity of seeing it so as to say whether the general appearance was like this.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> This was at 9 o'clock in the evening of 31st March?
<hi rend="italic">A.</hi> Yes, my son was at home then, and had never been outside the door since 3 o'clock—he was there, and saw the letters which Elizabeth brought—he and another young man, Henry Morriss, who they have been trying to make false swear, went out with Elizabeth—my son came home alone—the letters were opened,</p>
<xptr type="pageFacsimile" doc="185112150019"/>
<p>and of course they read them—my son was taken on Tuesday morning, 1st April—I do not know the policeman's name and number, I did not see him, I was not up—I spoke to my son that morning—we could not make out who it was knocked at the door, and he went down to see who it was, and came up and said there was a policeman down-stairs, and Harriet's father and sister had come to fetch him, and that the girl had been taken away in a
<hi rend="italic">cab</hi>—I first heard of it from my son, when he came up-stain to finish dressing himself—he told me about the letters being signed in his name—he had seen them over night, and I had seen them in the sister's band, bat did not take them in my hand—I knew the night before that they were signed in his name, and other letters before had been signed with his name.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-27" type="witnessName">
<interp inst="t18511215-name-27" type="gender" value="female"/>
<interp inst="t18511215-name-27" type="surname" value="RANDALL"/>
<interp inst="t18511215-name-27" type="given" value="ELIZA"/>ELIZA RANDALL</persName> </hi>. I am a nurse at the Free Hospital, Gray's-inn-lane. I recollect, on the morning of 1st April, Harriet Newman being brought in—she was in a perfect state of stupor, and perfectly helpless—her limbs were perfectly useless—her gown was torn out of the gathers—I afterwards saw the gown at the trial; it was then torn—she was brought to me at 2 o'clock in the morning—Mr. Tindal Robson, the house-surgeon, was not called at the time; he was then very ill in bed—she recovered so as to be able to speak within an hour after she came in—I went to Mr. Robson, and he gave me orders what to do—I believe he is now in Wales—I do not know how long he has been there, but he has left the hospital three or four months—she gradually rallied and became more rational from the time she came in op to about 10 next morning—she was a great deal more rational then than when she came in, and that increased;. she became more conscious—I did not con
<lb/>sider her rational an hour after she was brought in, although she could speak; she only asked for something to drink—it was not until 10 that she had any conversation with me—she then made a statement to the house-surgeon, Mr. Robson, in my presence—that was the first time she made any statement that was gf any particular notice, nothing—that I could make anything of—I was not before the Magistrate on the examination of William Day.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> She was examined by the surgeon in your presence, was she not?
<hi rend="italic">A.</hi> She was; I undressed her—there was blood upon her hand, or hands—I saw no mark of the blood having come from her
<lb/>self—it was on the back of her hand—I could not say as to both hands, but I know it was on one, because I particularly remarked it—I did not observe any dirt with the blood—her hands were covered with blood and dirt—it might have been on both hands, but I know there was upon one—both hands were dirty, and I particularly noticed blood on the back of one—I do not remember seeing any appearance of her having been treated with violence when I undressed and examined her—I was examined here in May—there was no appearance of violence to her private parts; nothing of the sort.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> She was brought into the hospital at 2 o'clock in the morning, was she?
<hi rend="italic">A.</hi> Yes; quite in a state of stupor—I consulted with the surgeon, and described her symptoms—he ordered me to undress her and put her to bed, and put a bottle of hot water to her feet, nothing else—he did not see her himself till 10 next morning—she gradually rallied up to that time—I went to his bedroom to let him know how she was every hour.</p>
<hi rend="italic">Q.</hi> Was there any smell of liquor, or of a drug of any kind, about her?
<hi rend="italic">A.</hi> There was a peculiar smell, but it was not the smell of spirituous liquors—I have no idea what it was the smell of; it was nothing like chloroform, I think—I have no reason to say that it was—chloroform was mentioned when she made her statement to the house-surgeon at 10 o'clock—she did not men
<lb/>tion chloroform before that—she made some rambling statement before that, but nothing, as I said before, that I could make any sense out of till she said it to</p>
<xptr type="pageFacsimile" doc="185112150020"/>
<p>the surgeon—she said something about a
<hi rend="italic">cab</hi>; that was between the hours of 2 and 10—I cannot say exactly at what part of the time—no one was present with her but myself that I remember—she remained in the hospital five days—she was gradually recovering from the stupor—between 10 and 11 next day the house-surgeon gave her an emetic, and she was very sick—she com
<lb/>plained of headache—she complained of headache before the emetic was given—the smell was something like peppermint—it was a peculiar smell, but I really could not take upon myself to say what smell it was—I have frequently seen chloroform administered—the length of time in which it takes effect is according to the strength it is given, according to what the patient will bear; sometimes the effects will last till the next day—it is sometimes necessary to repeat the application to continue the stupor if the patient does not take it well at first; if the patient does take it well, it will last, I should say, about half an hour, or an hour, or not quite so long—the stupor does not come on immediately on the application, sometimes in five minutes, sometimes in ten minutes; some will take it much quicker than others—I never saw an in
<lb/>stance where chloroform was administered, and stupor came on in an hour or two afterwards—I have been in the hospital very nearly two years—she was in every appearance as a person would be were they in a state of intoxication, perfectly helpless and perfectly senseless—as I said before, she gradually recovered; and when she gradually recovered she complained of a severe headache—that is not an uncommon consequence, either with chloroform or drink—chloroform will leave the same effect, a sickness and headache-vomiting very frequently follows upon chloroform—she did not vomit until after she had had an emetic, but complained of great sickness—chloroform generally produces sickness without an emetic—there are medical drugs that would produce stupor; an overdose of laudanum would do so.</p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> Did you see what she brought up from her stomach after the emetic?
<hi rend="italic">A.</hi> I did; there was nothing in it of any character whatever, not of drink, nothing that would enable me to say what it was—there was no smell of beer that I could detect.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Was there still that peculiar smell you have talked of that you could not say what it was, but something like peppermint?
<hi rend="italic">A.</hi> There was; but I could not say what it was, nor I believe could the house-surgeon either, and he strictly examined it—I kept it until he came—I do not re
<lb/>member what remark he made upon it—I think he said she might have been drinking; there was nothing in it, but she might have been drinking—it was something to that effect, I cannot tell the exact words—it was said in her presence—I am not able to give an opinion as to how long the smell of a drug would be perceptible in the contents of the stomach.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-28" type="witnessName">
<interp inst="t18511215-name-28" type="gender" value="male"/>
<interp inst="t18511215-name-28" type="surname" value="ROBERTS"/>
<interp inst="t18511215-name-28" type="given" value="RICHARD"/>RICHARD ROBERTS</persName> </hi> (
<hi rend="italic">examined by</hi>
<hi rend="smallCaps">MR. PATNE</hi>
<hi rend="italic">upon the void dire</hi>). I am the husband of the prisoner—I became so on 16th June.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Why has she gone by her maiden name instead of yours since her marriage?
<hi rend="italic">A.</hi> Well, we did not know they were indicting her; they indicted her behind her back—she goes about home by the name of Ann Harriet Roberts—we were married at St. Philip's Church, Friar's-mount, Bethnal-green—her real name is Ann Harriet Roberts. (
<hi rend="italic">The witness, being the prisoner's husband, was not examined.</hi>)</p>
<hi rend="smallCaps">
<persName id="t18511215-name-29" type="witnessName">
<interp inst="t18511215-name-29" type="gender" value="male"/>
<interp inst="t18511215-name-29" type="surname" value="BOWIE"/>
<interp inst="t18511215-name-29" type="given" value="JOHN"/>JOHN BOWIE</persName> </hi>. I am an optician, and live in Clerkenwell; I know Richard Roberts. On 1st April I was at the Standard Theatre—I do not know William Day—(
<hi rend="italic">looking at him</hi>) yes, I know him, but was never acquainted with him—I saw him at the Standard Theatre—I and Roberts were together, and we saw Day there—I think Day said, "I bad a fine
<hi rend="italic">lark</hi> last night with a girl"—I will not be sure of the words; he said something to the same meaning—he</p>
<xptr type="pageFacsimile" doc="185112150021"/>
<p>said, "I drove her all round Poplar, Stepney, and several other places"—he did not mention Charlton and Woolwich—I did not hear Roberts ask him, "Did you leave the young woman anywhere near Sutton-street, Clerk
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> you were with Roberts, you say, at the Standard Theatre?
<hi rend="italic">A.</hi> Yes—I had been with him that day since we had left off work—we worked together at that time—I left off work about 6 o'clock—it was about 9 when this conversation took place—we went to the Standard Theatre about 7—we remained there till it was all over—we did not go with Day—we went and had something to drink when we came out—we went first into the gallery—we met Day there—I do not know whether that was by any appointment with Roberts—I have worked with Roberts about three years—I have not seen Roberts within the last month, nor at all till I was called upon—I was a friend of his—I was not very intimate, only as a workmate—I was not very much in the habit of going out with him after work—I do not recollect anybody saying to Roberts, "You are in a b—y line row" on that occasion—I will swear it was not said—I was examined here in May—Charles Keene said to Roberts, "You are in a by fine row"—he did not say, "about a girl" that I know of—Roberts said, "I don't know what you mean"—I am not aware that Keene on that said, "You will soon see"—we saw Charles Keene at the public-house in Holy well-lane—the conversation about going round by Stepney and other places was in the playhouse—we all went together from the playhouse to the public-house to get something to drink—it was immediately after the conversation in the playhouse that this was said by Keene.</p>
<hi rend="smallCaps">MR. HORRY</hi>.
<hi rend="italic">Q.</hi> What time did you go to the theatre?
<hi rend="italic">A.</hi> About half-past 6 o'clock—we went out about 9—we then went back to the theatre, and stopped till it was over.</p>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> I believe you were not bound over to appear at the last trial?
<hi rend="italic">A.</hi> No—I did not come of my own accord—I was told to come—not by Roberts, by the policeman, sergeant Allen.</p>
<hi rend="smallCaps">MR. HORRY</hi>.
<hi rend="italic">Q.</hi> Did the conversation about Stepney, Poplar, and so on, take place in the theatre before you first came out?
<hi rend="italic">A.</hi> Yes; the theatre closed about 12 o'clock—we did not then go to the King John—I and Roberts then went to the corner—Day left us before the play was over, and went to another part of the gallery.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-30" type="witnessName">
<interp inst="t18511215-name-30" type="gender" value="male"/>
<interp inst="t18511215-name-30" type="surname" value="ALLEN"/>
<interp inst="t18511215-name-30" type="given" value="GEORGE"/>GEORGE ALLEN</persName> </hi> (
<hi rend="italic">policeman, G</hi> 25). On Saturday, 5th April, I took William Day into custody on the charge of carrying away Harriet Newman—I took him at the King John, in Holy well-lane, Shoreditch—Harriet New
<lb/>man went there with me, and I sent her in first to see if there was anybody there she knew—in consequence of something that passed between us, I afterwards went into the house, and asked the landlord something—Day came out—I did not speak to him before he came out—as soon as he came out of the parlour, I said, "Is your name William Day?"—he said, "Yes, it is"—I said, "Do you know me? I am an officer, and I want you for some
<hi rend="italic">larks</hi> with a girl; you had better accompany me, and see if it really is you"—he said, "Very well"—I was in private clothes—at that time Harriet Newman and her sister Elizabeth were at the top of Holywell-lane, in Curtain-road—I took him to the end of Holywell-lane—he said, "You have no occasion to take hold of me; I will walk alongside of you"—I said to Harriet Newman, "Look at him, and be sure," and she said, "Yes, that is him"—he looked at either one of the sisters, I will not positively say which, and said, "Oh, it is you"—I told him he was charged with feloniously assaulting a girl—he</p>
<xptr type="pageFacsimile" doc="185112150022"/>
<p>did not make me any particular reply—Newman described to me when at the hospital the clothes of the man that had taken her away—in consequence of directions I went to the prisoner's lodging, at a person's named Corran—I was shown his room—I found a box there—I opened it, and found a pair of corduroy trowsers and a black frock coat—Newman had described them as worn by the person that took her away.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> Recollect the whole of the circum
<lb/>stance; when she said that was the man, and you told him he was charged with feloniously assaulting a girl, did not he say, "I know nothing about it; those that are right will not have to suffer for it, but those that are wrong will?"
<hi rend="italic">A.</hi> Yes, he said those words; I had forgotten that—I believe it was Roberts who directed me to the place where the clothes would be found.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Who gave you the information which induced you to go to the King John?
<hi rend="italic">A.</hi> Roberts, I think on Thursday, the 3rd April, two days before—I was making inquiries of him—I was ordered by my superintendent to investigate the case—I remained a little distance off the King John while Newman and her sister went inside to look—I do not know whether they both went in, for I was outside the door, and did not see—they both went round the corner—there is a side door, and I lost sight of them—they were both together, and they both left me to go there—the door is round the corner, and I saw them go round the corner to the door—which went in I do not know—when Day said, "Oh, it is you," I could not swear to which of the two sisters he spoke—they were both standing together—it appeared to me to be addressed to the prisoner—when they went round the corner, and towards the side door, I remained about twenty-five yards off the house till they came back—they came back together—I believe it was the prisoner that gave me the information which induced me to go in, and then the sister told me the same again, so that made it appear to me that they had both been in—I was at the hospital on 1st April, between 12 and 1 o'clock in the day—it was not I that took Roberts to the hospital—he went with some other officer in the morning, I believe—I do not know who it was—Roberts was not at the hospital when I went—there was only the nurse and myself.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-31" type="witnessName">
<interp inst="t18511215-name-31" type="gender" value="male"/>
<interp inst="t18511215-name-31" type="surname" value="REDMAN"/>
<interp inst="t18511215-name-31" type="given" value="HENRY"/>HENRY REDMAN</persName> </hi>. I was formerly in the police for twenty years; I left it two years last Oct. I was not present in Court yesterday till the afternoon—(
<hi rend="italic">this witness had been ordered to leave the Court on the previous day</hi>)—I was not aware I was doing wrong in coming in—I was sergeant to the police van,—at the Thames police-office—I have known Mrs. Woodfield for the last five or six years—from what I know of her, and of her character, I would not believe her on her oath.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> Did you ever hear her examined as a witness before yesterday in your life?
<hi rend="italic">A.</hi> Yes, at the Thames police-court, not as a witness—I never heard her examined on oath—I was in Court yes
<lb/>terday while she was being examined—I should say I was not in Court upwards of two hours; I will swear that—I might have been here an hour; I am sure I was not two hours—I stayed in all the while Mrs. Woodfield was being examined—that was the only time I have heard her examined—I was not told that the witnesses were ordered out of Court; when I was told to go out I went—I was not told that before I came in—I was not told when I came in that I was a witness—when I was told to go out, I said I had only just come in—that was true, it was represented that I had been in Court the whole of the day, and I said I had not; I said I might have been in about half an hour, not more—I never, till yesterday, heard her examined on her oath.</p>
<xptr type="pageFacsimile" doc="185112150023"/>
<hi rend="smallCaps">MR. HORRT</hi>.
<hi rend="italic">Q.</hi> Although yon have not heard her examined on oath, have you heard her make statements?
<hi rend="italic">A.</hi> I have, on many occasions—I have had opportunities of knowing her general character well—I have seen her turned out of the Thames police-court—she is well known about the neighbourhood of the Thames police-court.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Where were you before you came into Court yesterday?
<hi rend="italic">A.</hi> Standing outside—I did not know that the witnesses were ordered out of Court—I cannot account for why I did not come in; I never used to come into Court when I was in the police till I was wanted.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">FRANCIS HELTIR</hi>.
<hi rend="italic">Q.</hi> When you found the prisoner sitting on the step in Sutton-street, did she give you any account of herself?
<hi rend="italic">A.</hi> No; I merely got out of her that she came there in a
<hi rend="italic">cab</hi>, she just mattered that out, and that was all—I called on Roberts the next morning—I went to the girl's father first, at Limehouse—as soon as I had taken her to the hospital, the inspector sent me to see if it was the father at that address, and the father and I called on Roberts as we came back—I cannot say exactly what time that was; I suppose it was a little after 2 o'clock—I dare say I was at Roberta's house somewhere about 7 that morning; I cannot say the time—I did not mention anything about chloroform—I do not recollect anything being said about chloroform in Roberta's presence that morning—I told the father I thought there was a suspicion that the girl had been drugged—I do not know that I told him what drug it was—I do not remember that I men
<lb/>tioned chloroform; I am not exactly sure about it—I do not recollect whether I did or not.</p>
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<interp inst="t18511215-78-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">on 1st and 2nd Assignments</hi> </rs>.
<hi rend="italic">
<rs id="t18511215-78-punishment-1" type="punishmentDescription">
<interp inst="t18511215-78-punishment-1" type="punishmentCategory" value="noPunish"/>
<interp inst="t18511215-78-punishment-1" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-78-18511215 t18511215-78-punishment-1"/>Judgment Reserved</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18511215-79">
<interp inst="t18511215-79" type="uri" value="sessionsPapers/18511215"/>
<interp inst="t18511215-79" type="date" value="18511215"/>
<join result="criminalCharge" id="t18511215-79-charge-1" targOrder="Y" targets="def1-79-18511215 t18511215-79-offence-1 t18511215-79-verdict-1"/>
<join result="criminalCharge" id="t18511215-79-charge-2" targOrder="Y" targets="def1-79-18511215 t18511215-79-offence-2 t18511215-79-verdict-1"/>
<join result="criminalCharge" id="t18511215-79-charge-3" targOrder="Y" targets="def1-79-18511215 t18511215-79-offence-3 t18511215-79-verdict-1"/>
<join result="criminalCharge" id="t18511215-79-charge-4" targOrder="Y" targets="def1-79-18511215 t18511215-79-offence-4 t18511215-79-verdict-1"/>
<persName id="def1-79-18511215" type="defendantName">
<interp inst="def1-79-18511215" type="gender" value="male"/>
<interp inst="def1-79-18511215" type="age" value="24"/>
<interp inst="def1-79-18511215" type="surname" value="KROHN"/>
<interp inst="def1-79-18511215" type="given" value="CARL FREDERICK"/>
<hi rend="largeCaps">CARL FREDERICK KROHN</hi> </persName>
<rs id="t18511215-79-offence-1" type="offenceDescription">
<interp inst="t18511215-79-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18511215-79-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, stealing 1 purse, and 1 piece of metal, value 7
<hi rend="italic">d</hi>., and 15 sovereigns; the property of
<persName id="t18511215-name-33" type="victimName">
<interp inst="t18511215-name-33" type="gender" value="male"/>
<interp inst="t18511215-name-33" type="surname" value="BARNES"/>
<interp inst="t18511215-name-33" type="given" value="GEORGE THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18511215-79-offence-1 t18511215-name-33"/>George Thomas Barnes</persName>, in the dwelling-house of
<persName id="t18511215-name-34" type="victimName">
<interp inst="t18511215-name-34" type="gender" value="female"/>
<interp inst="t18511215-name-34" type="surname" value="WALTERS"/>
<interp inst="t18511215-name-34" type="given" value="MARY ANN"/>
<join result="offenceVictim" targOrder="Y" targets="t18511215-79-offence-1 t18511215-name-34"/>Mary Ann Walters</persName> </rs>:
<hi rend="italic">also</hi>,
<rs id="t18511215-79-offence-2" type="offenceDescription">
<interp inst="t18511215-79-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18511215-79-offence-2" type="offenceSubcategory" value="theftFromPlace"/>1 watch, 3
<hi rend="italic">l</hi>.; the goods of
<persName id="t18511215-name-35" type="victimName">
<interp inst="t18511215-name-35" type="gender" value="male"/>
<interp inst="t18511215-name-35" type="surname" value="WOMBWELL"/>
<interp inst="t18511215-name-35" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18511215-79-offence-2 t18511215-name-35"/>John Wombwell</persName>: 2 bracelets, 1 locket, 2 brooches, and other articles, 57
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. the goods of
<persName id="t18511215-name-36" type="victimName">
<interp inst="t18511215-name-36" type="gender" value="male"/>
<interp inst="t18511215-name-36" type="surname" value="HUGHES"/>
<interp inst="t18511215-name-36" type="given" value="JOHN WILLIAM CONWAY"/>
<join result="offenceVictim" targOrder="Y" targets="t18511215-79-offence-2 t18511215-name-36"/>John William Con way Hughes</persName>, in the dwelling-house of
<persName id="t18511215-name-37" type="victimName">
<interp inst="t18511215-name-37" type="gender" value="male"/>
<interp inst="t18511215-name-37" type="surname" value="COOPER"/>
<interp inst="t18511215-name-37" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18511215-79-offence-2 t18511215-name-37"/>John Cooper</persName> </rs>:
<hi rend="italic">also</hi>,
<rs id="t18511215-79-offence-3" type="offenceDescription">
<interp inst="t18511215-79-offence-3" type="offenceCategory" value="theft"/>
<interp inst="t18511215-79-offence-3" type="offenceSubcategory" value="simpleLarceny"/>1 dressing-gown, 7 shirts, and other articles, 1
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.; the goods of the
<persName id="t18511215-name-38">
<interp inst="t18511215-name-38" type="gender" value="indeterminate"/>Great Western Railway Company</persName>:</rs>
<hi rend="italic">also</hi>,
<rs id="t18511215-79-offence-4" type="offenceDescription">
<interp inst="t18511215-79-offence-4" type="offenceCategory" value="theft"/>
<interp inst="t18511215-79-offence-4" type="offenceSubcategory" value="simpleLarceny"/>in
<placeName id="t18511215-geo-1">
<join result="offencePlace" targOrder="Y" targets="t18511215-79-offence-4 t18511215-geo-1"/>Surrey</placeName>, 1 watch and chain, 35
<hi rend="italic">l</hi>.; the goods of
<persName id="t18511215-name-39" type="victimName">
<interp inst="t18511215-name-39" type="gender" value="male"/>
<interp inst="t18511215-name-39" type="surname" value="MANNERS"/>
<interp inst="t18511215-name-39" type="given" value="CHARLES CECIL JOHN"/>
<interp inst="t18511215-name-39" type="occupation" value="marquis of granby"/>
<join result="offenceVictim" targOrder="Y" targets="t18511215-79-offence-4 t18511215-name-39"/>Charles Cecil John Manners, Marquis of Granby</persName>; to all which he pleaded</rs> </p>
<hi rend="smallCaps">
<rs id="t18511215-79-verdict-1" type="verdictDescription">
<interp inst="t18511215-79-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18511215-79-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi>. Aged 24.—
<hi rend="italic">
<rs id="t18511215-79-punishment-2" type="punishmentDescription">
<interp inst="t18511215-79-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18511215-79-punishment-2" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-79-18511215 t18511215-79-punishment-2"/>Confined Twelve Months</rs> </hi>,</p> </div1>
<div1 type="trialAccount" id="t18511215-80">
<interp inst="t18511215-80" type="uri" value="sessionsPapers/18511215"/>
<interp inst="t18511215-80" type="date" value="18511215"/>
<join result="criminalCharge" id="t18511215-80-charge-1" targOrder="Y" targets="def1-80-18511215 t18511215-80-offence-1 t18511215-80-verdict-1"/>
<persName id="def1-80-18511215" type="defendantName">
<interp inst="def1-80-18511215" type="gender" value="male"/>
<interp inst="def1-80-18511215" type="age" value="20"/>
<interp inst="def1-80-18511215" type="surname" value="WRIGHT"/>
<interp inst="def1-80-18511215" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS WRIGHT</hi> </persName>
<rs id="t18511215-80-offence-1" type="offenceDescription">
<interp inst="t18511215-80-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18511215-80-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, breaking and entering the shop of
<persName id="t18511215-name-41" type="victimName">
<interp inst="t18511215-name-41" type="gender" value="male"/>
<interp inst="t18511215-name-41" type="surname" value="BIDLAKE"/>
<interp inst="t18511215-name-41" type="given" value="WILLIAM SETH"/>
<interp inst="t18511215-name-41" type="occupation" value="shopkeeper"/>
<join result="offenceVictim" targOrder="Y" targets="t18511215-80-offence-1 t18511215-name-41"/>William Seth Bidlake</persName>, and stealing there from 2 watches, value 4
<hi rend="italic">l</hi>., his property; having been before convicted: to which he pleaded</rs> </p>
<hi rend="smallCaps">
<rs id="t18511215-80-verdict-1" type="verdictDescription">
<interp inst="t18511215-80-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18511215-80-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi>.** Aged 20.—
<hi rend="italic">
<rs id="t18511215-80-punishment-3" type="punishmentDescription">
<interp inst="t18511215-80-punishment-3" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-80-18511215 t18511215-80-punishment-3"/>Transported for Seven Years</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18511215-81">
<interp inst="t18511215-81" type="uri" value="sessionsPapers/18511215"/>
<interp inst="t18511215-81" type="date" value="18511215"/>
<join result="criminalCharge" id="t18511215-81-charge-1" targOrder="Y" targets="def1-81-18511215 t18511215-81-offence-1 t18511215-81-verdict-1"/>
<persName id="def1-81-18511215" type="defendantName">
<interp inst="def1-81-18511215" type="gender" value="male"/>
<interp inst="def1-81-18511215" type="surname" value="BEAMISH"/>
<interp inst="def1-81-18511215" type="given" value="TIMOTHY"/>
<hi rend="largeCaps">TIMOTHY BEAMISH</hi> </persName> was indicted
<rs id="t18511215-81-offence-1" type="offenceDescription">
<interp inst="t18511215-81-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18511215-81-offence-1" type="offenceSubcategory" value="libel"/> for a libel; to which he pleaded</rs> </p>
<hi rend="smallCaps">
<rs id="t18511215-81-verdict-1" type="verdictDescription">
<interp inst="t18511215-81-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18511215-81-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi>.
<rs id="t18511215-81-punishment-4" type="punishmentDescription">
<interp inst="t18511215-81-punishment-4" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18511215-81-punishment-4" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-81-18511215 t18511215-81-punishment-4"/>to enter into his own recognizances to appear and receive judgment when called upon.</rs> </p> </div1>
<div1 type="trialAccount" id="t18511215-82">
<interp inst="t18511215-82" type="uri" value="sessionsPapers/18511215"/>
<interp inst="t18511215-82" type="date" value="18511215"/>
<join result="criminalCharge" id="t18511215-82-charge-1" targOrder="Y" targets="def1-82-18511215 t18511215-82-offence-1 t18511215-82-verdict-1"/>
<persName id="def1-82-18511215" type="defendantName">
<interp inst="def1-82-18511215" type="gender" value="male"/>
<interp inst="def1-82-18511215" type="surname" value="ION"/>
<interp inst="def1-82-18511215" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM ION</hi> </persName>
<rs id="t18511215-82-offence-1" type="offenceDescription">
<interp inst="t18511215-82-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18511215-82-offence-1" type="offenceSubcategory" value="forgery"/>, feloniously forging and uttering a receipt for 2
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. with intent to defraud.</rs> </p>
<hi rend="smallCaps">MR. COCKLE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18511215-name-44" type="witnessName">
<interp inst="t18511215-name-44" type="gender" value="male"/>
<interp inst="t18511215-name-44" type="surname" value="DWYER"/>
<interp inst="t18511215-name-44" type="given" value="JAMES"/>JAMES DWYER</persName> </hi>. I am a money lender; I occasionally reside in St. Martin's-lane. In Oct. last, application was made to me for a loan, to be advanced to James Gillard, and I in consequence called on the prisoner on 28th Oct., at 17, Winchester-place, Pentonville—I inquired at the door for Mr. Ion, and was shown to the prisoner—I asked him if he was the landlord</p>
<xptr type="pageFacsimile" doc="185112150024"/>
<p>of the house; if he rated the house—he told me he had been landlord of the house upwards of two years—I asked him to produce his rent and taxes receipts, which he did—this paper is one of them (
<hi rend="italic">produced</hi>)—I acquainted him with my business, that his name had been put on a promissory-note to become security for one Mr. Gillard—he said he was quite agreeable—appli
<lb/>cation had been made for 10
<hi rend="italic">l</hi>., but not liking the other party who was put on the bill, we accepted the prisoner's responsibility for 5
<hi rend="italic">l</hi>.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COOPER</hi>.
<hi rend="italic">Q.</hi> What was the large sum you required security for?
<hi rend="italic">A.</hi> 10
<hi rend="italic">l</hi>.—I do not know whether the other man was a landlord—I did not call, the clerk did—we were not satisfied with one man for 10
<hi rend="italic">l</hi>.—the prisoner said he had lived there upwards of two years—I saw no lodgers in the house; I was only in the parlour—I should suppose the rent of the house to be about 40
<hi rend="italic">l</hi>.; I have heard what it was—the file on which the receipts were, was brought into the room by a woman, and the receipts were taken off it, and I had them in my hand—the prisoner was to have no money; he was to be the future security—I should say at least twenty receipts were taken off the file, but there were but three of these printed receipts, the others were rent receipts—I swear to this by the writing, and the name on it, and they varied in their amount—I did not take any note of the amounts—the other papers were receipts for rent—I would not swear that the same hand
<lb/>writing was on them, as there is here—I swear to it merely from the name "Ion," that is here—I do not keep a betting-office, and did not at the time this loan was on foot—I had no bets on the Chester cup then, it was all over—I was not a very large defaulter; I paid one-fourth—the sum was about 8,000
<hi rend="italic">l</hi>., and very near 2,000
<hi rend="italic">l</hi>. is paid—it was not paid out of the loan office, it was money that was deposited with me.</p>
<hi rend="italic">Q.</hi> How many deposits had you received?
<hi rend="italic">A.</hi> You cannot tell that way; I commenced with 3,700
<hi rend="italic">l</hi>., when I first opened betting, and left with about as many farthings; but I had money deposited with me for other persons, about 2,500
<hi rend="italic">l</hi>.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you say you paid that out of the money deposited with you?
<hi rend="italic">A.</hi> Having lost all my own; on the race previous, I lost 6,000
<hi rend="italic">l</hi>.</p>
<hi rend="italic">Q.</hi> Am I to understand you paid your own debts out of the money deposited with you?
<hi rend="italic">A.</hi> A portion of the money was deposited with me, of the 2,000
<hi rend="italic">l</hi>.; I have paid 900
<hi rend="italic">l</hi>. the rest was made up of my own.</p>
<hi rend="smallCaps">MR. COOPER</hi>.
<hi rend="italic">Q.</hi> How is the deposit made?
<hi rend="italic">A.</hi> By calling and taking a ticket, and paying their money, those who deposited 900
<hi rend="italic">l</hi>. did get something, those who deposited 5
<hi rend="italic">l</hi>. I gave 10
<hi rend="italic">l</hi>., those who deposited 20
<hi rend="italic">l</hi>. I gave 40
<hi rend="italic">l</hi>., those who deposited 40
<hi rend="italic">l</hi>. I gave eighty—that was not on the principle of first come first served, it was on no principle at all; I should have thought that subject was quite worn out, it is quite threadbare in the Courts—I charge five per cent interest for twelve months for all money—before I started this, I was a journeyman shoemaker—I had something like 4,000
<hi rend="italic">l</hi>. left me by my mother.</p>
<hi rend="smallCaps">MR. COCKLE</hi>.
<hi rend="italic">Q.</hi> You said there were some other receipts produced for rent, did the prisoner say anything about them at the time he produced them?
<hi rend="italic">A.</hi> Yes; he said he was quite ashamed that Mr. Gillard had mixed up his name with a disreputable fellow like this in Westminster, who had no receipts to show—Mr. Ryan, my clerk was with me, nothing was said about payment of the rent, or arrears of rent—it was at the last Chester Cup that I lost the money, on 29th April, or 1st May, 1851—I have replaced the whole of the 900
<hi rend="italic">l</hi>.; I am speaking with regard to the tickets, on which people would have claims—they would produce a ticket to receive the amount I advertised to</p>
<xptr type="pageFacsimile" doc="185112150025"/>
<p>give—they are nearly all in—I did keep a betting list at that time—what I mean is, it took me nearly 2,000
<hi rend="italic">l</hi>. to replace the 900
<hi rend="italic">l</hi>.—we have only lent 5
<hi rend="italic">l</hi>., that is on the responsibility of the prisoner—we did not accept the other person, but took the prisoner as security for 5
<hi rend="italic">l</hi>.—when there are two securities, it is joint and several surety ship.</p>
<hi rend="smallCaps">MR. COOPER</hi>
<hi rend="italic">contended that there was no evidence of forgery, and as to the uttering, there was no proof of any intent to defraud; ht referred to Reg</hi>. v.
<hi rend="italic">Shukard, Russell and Ryan's, Crown Cases, page</hi> 200,
<hi rend="italic">in which case the prisoner in order to persuade an innkeeper that he was a man of property, pulled out a pocket-book, and showed a promissory-note for</hi> 500
<hi rend="italic">l</hi>.,
<hi rend="italic">of which he only saw the amount, and then desired the innkeeper to take care of it for him, who put it into a cover and sealed it, and after keeping it some time, suspicion arising, he opened the packet, and found the note to be forged; the prisoner was convicted, and the point reserved, whether there was a sufficient uttering of the note, and the Judges held the conviction wrong, as the note was not tendered to get money, or credit on; he also urged, that if a large bullionist put notes in his window to give himself credit or stability to persons passing by, that would not be an utter
<lb/>ing of the notes; the receipts in question were only shown to prove the prisoner to be a man of substance, fit to be a security</hi>. The
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">reserved the point</hi>.</p>
<hi rend="smallCaps">MR. COOPER</hi>.
<hi rend="italic">Q.</hi> Having seen the house, and seen him in it, and having made inquiries, would you have accepted him as security for 5
<hi rend="italic">l</hi>., if the receipts had not been shown to you?
<hi rend="italic">A.</hi> I should not, because by the receipts I knew he was the owner of the house; it was this receipt that I advanced the money on—on my oath I only charge five per cent on loans for a whole year—we charge 2
<hi rend="italic">s</hi>. at first, and the 5
<hi rend="italic">s</hi>. for interest—there is a promissory-note on demand, signed—I swear that 5
<hi rend="italic">s</hi>. was all I was to receive, provided the money was paid within a year—the money has to be repaid at 2
<hi rend="italic">s</hi>. a week—we should not
<hi rend="italic">pop upon him</hi> unless it was paid punctually—we charge 3
<hi rend="italic">d</hi>. for every letter: 1
<hi rend="italic">d</hi>. the paper, 1
<hi rend="italic">d</hi>. the stamp and 1
<hi rend="italic">d</hi>. for writing it—if the money was not paid in the week, we should fine him a halfpenny in the shilling on the 2
<hi rend="italic">s</hi>. omitted at that time—mine is a loan office, it is not a society enrolled—I did not make inquiries in the neighbourhood about the prisoner at that time; I did afterwards—I did not charge anything for that—2
<hi rend="italic">s</hi>. was left for the inquiry in the first instance—I made that inquiry—I went about six miles for that 2
<hi rend="italic">s</hi>.</p>
<hi rend="smallCaps">MR. COCKLE</hi>.
<hi rend="italic">Q.</hi> Have you any printed forms you give to persons who apply for loans?
<hi rend="italic">A.</hi> Yes; I cannot say whether I gave any to the prisoner on this occasion—I make no notes of it, but we know when they are brought back filled up—I can tell the form—this is the document (
<hi rend="italic">looking at some papers</hi>)—here is the name of the other proposed security scratched out, we would not accept him—I know this form was in the prisoner's possession—I took it up and showed it to him—he must have seen the name in—this is a printed form containing all the terms on which we lend money, and the fines—he did not peruse it, but he looked at it—I mentioned about having such a disreputable character with his name on the form—we always attach the promissory-notes to the form—I looked at the note—he signed it in the office—I saw him write it.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-45" type="witnessName">
<interp inst="t18511215-name-45" type="gender" value="male"/>
<interp inst="t18511215-name-45" type="surname" value="RYAN"/>
<interp inst="t18511215-name-45" type="given" value="MICHAEL"/>MICHAEL RYAN</persName> </hi>. I am a clerk, in the employ of Mr. Dwyer. I remember the loan to Mr. Gillard, and remember seeing the prisoner on the subject, in Mr. Dwyer's presence, when we went; on 28th, to 17, Winchester-place, Pen
<lb/>tonville, Mr. Dwyer asked the prisoner if he was the landlord or householder of that house, he said he was—he asked how long ho had been so, and I think he said something about two years—he then asked if he had receipts</p>
<xptr type="pageFacsimile" doc="185112150026"/>
<p>for his rent—he said, "Yes"—he asked him to show them to him, and he produced several pieces of paper purporting to be receipts for his rent—he also showed Rome receipts for rates—I was near enough to see some of them—I think the one produced is one of them.</p>
<hi rend="italic">Cross-examined. Q.</hi> You only think that is one; how many did you see on the file?
<hi rend="italic">A.</hi> Several; I did not reckon them—I do not think they were shown to me on the file, they were brought down and taken off, for I had one of them in my hand—Mr. Dwyer took it off and handed it to me—I do not know whether he took it off, he took it in his hand and showed it to me—we did not make inquiries about the prisoner's character, we only called upon himself—the parlour was pretty well furnished—the furniture appeared to me worth more than 5
<hi rend="italic">l</hi>.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-46" type="witnessName">
<interp inst="t18511215-name-46" type="gender" value="male"/>
<interp inst="t18511215-name-46" type="surname" value="WRIGHT"/>
<interp inst="t18511215-name-46" type="given" value="HENRY"/>HENRY WRIGHT</persName> </hi>. I am collector of rates for the district in which Win
<lb/>chester-place, Pentonville, is situate—I know nothing of this receipt—this signature, "Henry Wright," is not my writing, I never authorized any one to sign it—it is dated Aug. 1849, and I was not appointed collector till 11th June, 1850, it has an address of a former collector upon it, where I never resided.</p>
<hi rend="italic">Cross-examined. Q.</hi> Was there a Mr. Wright employed as a collector before you?
<hi rend="italic">A.</hi> Certainly not, there has been no one of that name in Clerkenwell parish as a poor-rate collector for some years past—it is not a very uncommon name in London—I do not know, of my own knowledge, that collectors sometimes get persons to collect for them—I cannot tell whether the collector who preceded me ever employed a Mr. Henry Wright, he would not be authorized to do so.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-47" type="witnessName">
<interp inst="t18511215-name-47" type="gender" value="male"/>
<interp inst="t18511215-name-47" type="surname" value="BRANNAN"/>
<interp inst="t18511215-name-47" type="given" value="JAMES"/>JAMES BRANNAN</persName> </hi> (
<hi rend="italic">Police-inspector, G</hi>). I went to the prisoner's house, 17, Winchester-place, Pentonville, with Evans—I took the prisoner into custody, and Evans made a search.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-48" type="witnessName">
<interp inst="t18511215-name-48" type="gender" value="male"/>
<interp inst="t18511215-name-48" type="surname" value="EVANS"/>
<interp inst="t18511215-name-48" type="given" value="THOMAS"/>THOMAS EVANS</persName> </hi> (
<hi rend="italic">policeman, G</hi> 145). I went with Brannan to the prisoner's house, on 9th Nov., and took charge of the papers there—I found the receipt that has been produced among other papers.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-49" type="witnessName">
<interp inst="t18511215-name-49" type="gender" value="male"/>
<interp inst="t18511215-name-49" type="surname" value="WRIGHT"/>
<interp inst="t18511215-name-49" type="given" value="HENRY"/>HENRY WRIGHT</persName> </hi>
<hi rend="italic">re-examined.</hi> It is not usual to leave these receipts without the signature—we leave a notice first of the amount required—I have one here (
<hi rend="italic">producing one</hi>)—a householder has no opportunity of getting these receipts but through a collector—I do not see how it is possible that any person could obtain a copy—I have an opinion as to how the prisoner obtained this—the receipts are all numbered to me consecutively—I have to account for every receipt, and I have never missed one—it is not likely that any person could obtain a blank receipt—I have not the name of Ion upon my books until some time last Sept.—the house was previously occupied by a gentleman of the name of Battersbee, who paid me the rates—the prisoner has not occupied it till very recently—I have the book here in which the former tenant's name is erased—I know that the prisoner has only recently had the house, by calling there and receiving the rates from another person—I did that some time during the present year—the previous tenant paid me up to Midsummer—I do not care who pays me so that I am paid, but where a party has resided a long time in a house, I know him well—if a person who resides in a house as a lodger afterwards takes the house, I generally know it, I should say always—I take the money from whoever I can get it—it is very often sent to my house—in that case I always suppose it is paid by the party whose name I have on my book as the occupier—I cannot tell who pays it—I ask no questions, I get the money and I am satisfied.</p>
<hi rend="smallCaps">
<rs id="t18511215-82-verdict-1" type="verdictDescription">
<interp inst="t18511215-82-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18511215-82-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>. (
<hi rend="italic">See page</hi> 146.)</p> </div1>
<xptr type="pageFacsimile" doc="185112150027"/>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, December</hi> 15
<hi rend="italic">th,</hi> 1851.</p>
<hi rend="largeCaps">PRESENT</hi>—Sir
<hi rend="smallCaps">JOHN KEY</hi>, Bart., Ald Mr. Ald.
<hi rend="smallCaps">CARDEN</hi>; and Mr.
<hi rend="smallCaps">COMMON SERJEANT</hi>.</p>
<hi rend="italic">Before Mr. Common Serjeant and the Fifth Jury.</hi> </p>
<div1 type="trialAccount" id="t18511215-83">
<interp inst="t18511215-83" type="uri" value="sessionsPapers/18511215"/>
<interp inst="t18511215-83" type="date" value="18511215"/>
<join result="criminalCharge" id="t18511215-83-charge-1" targOrder="Y" targets="def1-83-18511215 t18511215-83-offence-1 t18511215-83-verdict-1"/>
<persName id="def1-83-18511215" type="defendantName">
<interp inst="def1-83-18511215" type="gender" value="male"/>
<interp inst="def1-83-18511215" type="surname" value="ASPLIN"/>
<interp inst="def1-83-18511215" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLIS ASPLIN</hi> </persName> was indicted
<rs id="t18511215-83-offence-1" type="offenceDescription">
<interp inst="t18511215-83-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18511215-83-offence-1" type="offenceSubcategory" value="perjury"/> for wilful and corrupt perjury.</rs> </p>
<hi rend="smallCaps">
<rs id="t18511215-83-verdict-1" type="verdictDescription">
<interp inst="t18511215-83-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18511215-83-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18511215-84">
<interp inst="t18511215-84" type="uri" value="sessionsPapers/18511215"/>
<interp inst="t18511215-84" type="date" value="18511215"/>
<join result="criminalCharge" id="t18511215-84-charge-1" targOrder="Y" targets="def1-84-18511215 t18511215-84-offence-1 t18511215-84-verdict-1"/>
<join result="criminalCharge" id="t18511215-84-charge-2" targOrder="Y" targets="def1-84-18511215 t18511215-84-offence-2 t18511215-84-verdict-1"/>
<persName id="def1-84-18511215" type="defendantName">
<interp inst="def1-84-18511215" type="gender" value="female"/>
<interp inst="def1-84-18511215" type="age" value="61"/>
<interp inst="def1-84-18511215" type="surname" value="BARNES"/>
<interp inst="def1-84-18511215" type="given" value="SARAH"/>
<hi rend="largeCaps">SARAH BARNES</hi> </persName>
<rs id="t18511215-84-offence-1" type="offenceDescription">
<interp inst="t18511215-84-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18511215-84-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing 37 yards of damask, value 4
<hi rend="italic">l</hi>.; the goods of
<persName id="t18511215-name-52" type="victimName">
<interp inst="t18511215-name-52" type="gender" value="male"/>
<interp inst="t18511215-name-52" type="surname" value="HARVEY"/>
<interp inst="t18511215-name-52" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18511215-84-offence-1 t18511215-name-52"/>John Harvey</persName> and others:</rs>
<hi rend="italic">also</hi>,
<rs id="t18511215-84-offence-2" type="offenceDescription">
<interp inst="t18511215-84-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18511215-84-offence-2" type="offenceSubcategory" value="simpleLarceny"/>2 shoes, and 2 gaiters, value 12
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.; the goods of
<persName id="t18511215-name-53" type="victimName">
<interp inst="t18511215-name-53" type="gender" value="female"/>
<interp inst="t18511215-name-53" type="surname" value="GOLDING"/>
<interp inst="t18511215-name-53" type="given" value="ELIZABETH"/>
<join result="offenceVictim" targOrder="Y" targets="t18511215-84-offence-2 t18511215-name-53"/>Elizabeth Golding</persName>: to which she pleaded</rs> </p>
<hi rend="smallCaps">
<rs id="t18511215-84-verdict-1" type="verdictDescription">
<interp inst="t18511215-84-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18511215-84-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi>. Aged 61.—
<hi rend="italic">
<rs id="t18511215-84-punishment-5" type="punishmentDescription">
<interp inst="t18511215-84-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18511215-84-punishment-5" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-84-18511215 t18511215-84-punishment-5"/>Confined Four Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18511215-85">
<interp inst="t18511215-85" type="uri" value="sessionsPapers/18511215"/>
<interp inst="t18511215-85" type="date" value="18511215"/>
<join result="criminalCharge" id="t18511215-85-charge-1" targOrder="Y" targets="def1-85-18511215 t18511215-85-offence-1 t18511215-85-verdict-1"/>
<persName id="def1-85-18511215" type="defendantName">
<interp inst="def1-85-18511215" type="gender" value="male"/>
<interp inst="def1-85-18511215" type="age" value="21"/>
<interp inst="def1-85-18511215" type="surname" value="WHY"/>
<interp inst="def1-85-18511215" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM WHY</hi> </persName>
<rs id="t18511215-85-offence-1" type="offenceDescription">
<interp inst="t18511215-85-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18511215-85-offence-1" type="offenceSubcategory" value="animalTheft"/>, stealing 2 tame fowls, price 4
<hi rend="italic">s</hi>.; the property of
<persName id="t18511215-name-55" type="victimName">
<interp inst="t18511215-name-55" type="gender" value="male"/>
<interp inst="t18511215-name-55" type="surname" value="ALLEN"/>
<interp inst="t18511215-name-55" type="given" value="JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t18511215-85-offence-1 t18511215-name-55"/>Joseph Allen</persName>: having been before convicted: to which he pleaded</rs> </p>
<hi rend="smallCaps">
<rs id="t18511215-85-verdict-1" type="verdictDescription">
<interp inst="t18511215-85-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18511215-85-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi> Aged 21.—
<hi rend="italic">
<rs id="t18511215-85-punishment-6" type="punishmentDescription">
<interp inst="t18511215-85-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18511215-85-punishment-6" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-85-18511215 t18511215-85-punishment-6"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18511215-86">
<interp inst="t18511215-86" type="uri" value="sessionsPapers/18511215"/>
<interp inst="t18511215-86" type="date" value="18511215"/>
<join result="criminalCharge" id="t18511215-86-charge-1" targOrder="Y" targets="def1-86-18511215 t18511215-86-offence-1 t18511215-86-verdict-1"/>
<persName id="def1-86-18511215" type="defendantName">
<interp inst="def1-86-18511215" type="gender" value="female"/>
<interp inst="def1-86-18511215" type="age" value="44"/>
<interp inst="def1-86-18511215" type="surname" value="HERBERT"/>
<interp inst="def1-86-18511215" type="given" value="MARTHA"/>
<hi rend="largeCaps">MARTHA HERBERT</hi> </persName>
<rs id="t18511215-86-offence-1" type="offenceDescription">
<interp inst="t18511215-86-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18511215-86-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, stealing 1 pillow, and other articles, value 6
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.; the goods of
<persName id="t18511215-name-57" type="victimName">
<interp inst="t18511215-name-57" type="gender" value="male"/>
<interp inst="t18511215-name-57" type="surname" value="TOLLITT"/>
<interp inst="t18511215-name-57" type="given" value="EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18511215-86-offence-1 t18511215-name-57"/>Edward Tollitt</persName>, her master: to which she pleaded</rs> </p>
<hi rend="smallCaps">
<rs id="t18511215-86-verdict-1" type="verdictDescription">
<interp inst="t18511215-86-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18511215-86-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi>. Aged 44.—
<hi rend="italic">
<rs id="t18511215-86-punishment-7" type="punishmentDescription">
<interp inst="t18511215-86-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18511215-86-punishment-7" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-86-18511215 t18511215-86-punishment-7"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18511215-87">
<interp inst="t18511215-87" type="uri" value="sessionsPapers/18511215"/>
<interp inst="t18511215-87" type="date" value="18511215"/>
<join result="criminalCharge" id="t18511215-87-charge-1" targOrder="Y" targets="def1-87-18511215 t18511215-87-offence-1 t18511215-87-verdict-1"/>
<persName id="def1-87-18511215" type="defendantName">
<interp inst="def1-87-18511215" type="gender" value="female"/>
<interp inst="def1-87-18511215" type="age" value="51"/>
<interp inst="def1-87-18511215" type="surname" value="STRICKLAND"/>
<interp inst="def1-87-18511215" type="given" value="MARY"/>
<hi rend="largeCaps">MARY STRICKLAND</hi> </persName>
<rs id="t18511215-87-offence-1" type="offenceDescription">
<interp inst="t18511215-87-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18511215-87-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, stealing 2 shawls, and other articles, value 3
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>.; the goods
<hi rend="italic">of</hi>
<persName id="t18511215-name-59" type="victimName">
<interp inst="t18511215-name-59" type="gender" value="male"/>
<interp inst="t18511215-name-59" type="surname" value="TOLLITT"/>
<interp inst="t18511215-name-59" type="given" value="EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18511215-87-offence-1 t18511215-name-59"/>Edward Tollitt</persName>, her master: to which she pleaded</rs> </p>
<hi rend="smallCaps">
<rs id="t18511215-87-verdict-1" type="verdictDescription">
<interp inst="t18511215-87-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18511215-87-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi>. Aged 51.—
<hi rend="italic">
<rs id="t18511215-87-punishment-8" type="punishmentDescription">
<interp inst="t18511215-87-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18511215-87-punishment-8" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-87-18511215 t18511215-87-punishment-8"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18511215-88">
<interp inst="t18511215-88" type="uri" value="sessionsPapers/18511215"/>
<interp inst="t18511215-88" type="date" value="18511215"/>
<join result="criminalCharge" id="t18511215-88-charge-1" targOrder="Y" targets="def1-88-18511215 t18511215-88-offence-1 t18511215-88-verdict-1"/>
<persName id="def1-88-18511215" type="defendantName">
<interp inst="def1-88-18511215" type="gender" value="female"/>
<interp inst="def1-88-18511215" type="surname" value="HUNLON"/>
<interp inst="def1-88-18511215" type="given" value="CATHARINE"/>
<hi rend="largeCaps">CATHARINE HUNLON</hi> </persName>
<rs id="t18511215-88-offence-1" type="offenceDescription">
<interp inst="t18511215-88-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18511215-88-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, stealing 1 3/4 lb. weight of mutton, 7oz. weight of soap, and 2 onions, value 91/2
<hi rend="italic">d</hi>.; the goods of
<persName id="t18511215-name-61" type="victimName">
<interp inst="t18511215-name-61" type="gender" value="male"/>
<interp inst="t18511215-name-61" type="surname" value="COLE"/>
<interp inst="t18511215-name-61" type="given" value="GEORGE BEAUCHAMP"/>
<join result="offenceVictim" targOrder="Y" targets="t18511215-88-offence-1 t18511215-name-61"/>George Beauchamp Cole</persName>, her master.</rs> </p>
<hi rend="smallCaps">
<persName id="t18511215-name-62" type="witnessName">
<interp inst="t18511215-name-62" type="gender" value="male"/>
<interp inst="t18511215-name-62" type="surname" value="COLE"/>
<interp inst="t18511215-name-62" type="given" value="GEORGE BEAUCHAMP"/>GEORGE BEAUCHAMP COLE</persName> </hi>. I live at Twickenham. The prisoner was in my service—on 10th Dec. Jackson, the carrier, brought me a parcel, which I opened—it contained some boots, a cap, and some mutton, which weighed 1 3/4 lb., some soap, and two onions—I believe they were all mine—I did not see the mutton cut off my meat, but I am as convinced as I am here that they were mine—the parcel was taken from my house, but I did not see it taken.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BALLANTINE</hi>. Q. Is the cap here?
<hi rend="italic">A.</hi> No; it was not mine—I did not say that all the things were mine—the meat, and the soap, and onions were mine—the boots were not mine—they were small boots—I suppose they were women's boots; I have no moral doubt of it at all—I have no moral doubt that they were the prisoner's—I do not know the cap—my wife, generally speaking, superintends the larder, but I know about the mutton—I did not see it come in, but I know by the butcher's bill that some mutton came in the day before—I did not see it, but in all proba
<lb/>bility I have eaten some of it—the onions were of the ordinary appearance—they were not stamped with my name—the soap is stamped—I had a box of soap come in about a fortnight before, and I found, from investigation, that some was missing—very few of these pieces had been used, because this sort is only used for a particular portion of my house—the prisoner is fifty-five years of age—she has been with me four years—I owe her wages to the day of her arrest, 5
<hi rend="italic">l</hi>. 17
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., according to my calculation—I have it in my pocket for her.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-63" type="witnessName">
<interp inst="t18511215-name-63" type="gender" value="male"/>
<interp inst="t18511215-name-63" type="surname" value="BUTCHER"/>
<interp inst="t18511215-name-63" type="given" value="WILLIAM"/>WILLIAM BUTCHER</persName> </hi> (
<hi rend="italic">police-sergeant, V</hi> 17). On 10th Dec. I went to Mr. Cole's, and he showed me a brown-paper parcel—this is it—it contained</p>
<xptr type="pageFacsimile" doc="185112150028"/>
<p>some mutton, two onions, and some soap—I accompanied Mr. Cole to his house with the parcel, and placed it behind the sofa—I saw the prisoner after
<lb/>wards—I asked her if she had taken a parcel to Mr. Jackson's, the carrier's, that morning—she said she had—I asked her what it contained—she said an apron and a pair of boots—I asked her if there was anything else in it—she said there was a nap and a letter, and she did not think there was any
<lb/>thing else—I told her to recollect herself, and asked her if there was any meat or eatables in it—she said, "Yes, some mutton"—I asked her how she came by it; and, after a short time, she said she bought it at Mr. Wade's, the butcher's—I asked her what she gave for it—she said, "10
<hi rend="italic">d</hi>."—I spoke to her about the soap—she said she took that from Cole—she said since she had been in Mr. Cole's service she had bought a number of things, and she did not know that she was doing any harm in taking the soap and mutton—she acknowledged that that was the parcel she had taken to the carrier's, and said she was going to send the things to her sister.</p>
<hi rend="italic">Cross-examined. Q.</hi> Is there a person named Wade, a butcher?
<hi rend="italic">A.</hi> Yes; one of Mr. Cole's servants told me, about 2 o'clock in the afternoon, that Mr. Cole wished to see me; and I went, and he showed me the parcel, and what was in it—what I said to the prisoner was in presence of Mr. Cole—I considered I only did my duty—having some information, I always understood I have a right to examine persons under my charge—I did not take any note of the conversation; Mr. Cole did not, that I am aware of—I cannot swear whether the prisoner did or did not say anything about trades
<lb/>men allowing her perquisites—I would not pretend to swear either way—she did not say that the soap was given her by the person who supplied Mr. Cole—she said a box of soap arrived at Mr. Cole's, a fortnight before, for the use of the house—she did not say, at the same time, that the tradesmen from whom it was ordered gave her some soap—the other is common yellow soap—this piece has the maker's name on it.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-64" type="witnessName">
<interp inst="t18511215-name-64" type="gender" value="female"/>
<interp inst="t18511215-name-64" type="surname" value="JACKSON"/>
<interp inst="t18511215-name-64" type="given" value="ELEANOR"/>ELEANOR JACKSON</persName> </hi>. I am the wife of Henry Jackson, a carrier, at Twickenham. I know the prisoner—I recollect her coming and bringing a parcel on 10th Dec—she asked me if my man had called—I said, "Yes"—she said she supposed she was up stairs, and did not see him—she left the parcel with me.</p>
<hi rend="italic">Cross-examined. Q.</hi> Do you know the prisoner has a poor sister at Ham
<hi rend="italic">A.</hi> I have understood so, and that she is in a very bad condi
<lb/>tion; the prisoner has sent her things—I keep a shop—the prisoner has bought things of me, I suppose, to be sent to her sister—she has, in point of fact, shared everything with her sister—I know my cart has taken things to a person who goes as her sister.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">WILLIAM BUTCHER</hi>.
<hi rend="italic">Q.</hi> Is there a Mr. Wade, a butcher?
<hi rend="italic">A.</hi> Yes; I have been to him to make inquiries—he is not here.</p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> What were you before you were a policeman?
<hi rend="italic">A.</hi> A baker.</p>
<hi rend="italic">The prisoner received a good character</hi>.)</p>
<hi rend="smallCaps">
<rs id="t18511215-88-verdict-1" type="verdictDescription">
<interp inst="t18511215-88-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18511215-88-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18511215-89">
<interp inst="t18511215-89" type="uri" value="sessionsPapers/18511215"/>
<interp inst="t18511215-89" type="date" value="18511215"/>
<join result="criminalCharge" id="t18511215-89-charge-1" targOrder="Y" targets="def1-89-18511215 t18511215-89-offence-1 t18511215-89-verdict-1"/>
<persName id="def1-89-18511215" type="defendantName">
<interp inst="def1-89-18511215" type="gender" value="male"/>
<interp inst="def1-89-18511215" type="age" value="26"/>
<interp inst="def1-89-18511215" type="surname" value="BROWN"/>
<interp inst="def1-89-18511215" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM BROWN</hi> </persName>
<rs id="t18511215-89-offence-1" type="offenceDescription">
<interp inst="t18511215-89-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18511215-89-offence-1" type="offenceSubcategory" value="pocketpicking"/>, stealing 1 handkerchief, value 2
<hi rend="italic">s</hi>.; the goods of
<persName id="t18511215-name-66" type="victimName">
<interp inst="t18511215-name-66" type="gender" value="male"/>
<interp inst="t18511215-name-66" type="surname" value="COWELL"/>
<interp inst="t18511215-name-66" type="given" value="EBENEZER HUDSON"/>
<join result="offenceVictim" targOrder="Y" targets="t18511215-89-offence-1 t18511215-name-66"/>Ebenezer Hudson Cowell</persName>, from his person.</rs> </p>
<hi rend="smallCaps">
<persName id="t18511215-name-67" type="witnessName">
<interp inst="t18511215-name-67" type="gender" value="male"/>
<interp inst="t18511215-name-67" type="surname" value="COWELL"/>
<interp inst="t18511215-name-67" type="given" value="EBENEZER HUDSON"/>EBENEZER HUDSON COWELL</persName> </hi>. On 10th Dec, about a quarter past 10 o'clock in the evening, I was in the Poultry. In consequence of something said to me, I missed my handkerchief—I had put it into my pocket a few minutes before, when I left a house in Cheapside, a few doors off—I and the witness crossed the road—he pointed out the prisoner, and we followed him—he</p>
<xptr type="pageFacsimile" doc="185112150029"/>
<p>was walking on—he crossed over, and went in a contrary direction to myself—he turned round, and confronted me and the witness face to face—he muttered something, and threw my handkerchief at me, which I picked up, and he ran as hard as he could—I ran after him, and cried, "Stop him!" and he ran into the arms of a policeman—this is my handkerchief.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-68" type="witnessName">
<interp inst="t18511215-name-68" type="gender" value="male"/>
<interp inst="t18511215-name-68" type="surname" value="COOK"/>
<interp inst="t18511215-name-68" type="given" value="HENRY HORATIO"/>HENRY HORATIO COOK</persName> </hi>. I am a printer. I was passing along the Poultry, on 10th Dec, about a quarter-past 10 o'clock at night—I saw the prisoner take a handkerchief out of the prosecutor's pocket—I pointed him out, and he and I followed him—I saw him stopped—he threw the handkerchief down, and said, "There is your handkerchief."</p>
<hi rend="smallCaps">
<persName id="t18511215-name-69" type="witnessName">
<interp inst="t18511215-name-69" type="gender" value="male"/>
<interp inst="t18511215-name-69" type="surname" value="WEST"/>
<interp inst="t18511215-name-69" type="given" value="HENRY"/>HENRY WEST</persName> </hi> (
<hi rend="italic">City policeman</hi>, 427). I saw the prisoner running, and stopped him—the prosecutor gave me this handkerchief.</p>
<hi rend="italic">Prisoner's Defence.</hi> I picked up the handkerchief under my feet, a con
<lb/>siderable distance before I came to this man; I put it into my pocket; the gentleman crossed the road, and said, "You have got my handkerchief;" if said, "Very well, if it is yours, here it is," and gave it him.</p>
<hi rend="smallCaps">
<rs id="t18511215-89-verdict-1" type="verdictDescription">
<interp inst="t18511215-89-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18511215-89-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.** Aged 26.—
<hi rend="italic">
<rs id="t18511215-89-punishment-9" type="punishmentDescription">
<interp inst="t18511215-89-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18511215-89-punishment-9" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-89-18511215 t18511215-89-punishment-9"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, December</hi> 16
<hi rend="italic">th,</hi> 1851.</p>
<hi rend="largeCaps">PRESENT</hi>—Mr. Ald.
<hi rend="smallCaps">CAEDEN</hi>; Mr. Ald.
<hi rend="smallCaps">CUBITT</hi>; and Mr.
<hi rend="smallCaps">COMMON SERJEANT</hi>.</p>
<hi rend="italic">Before Mr. Common Serjeant and the Seventh Jury.</hi> </p>
<div1 type="trialAccount" id="t18511215-90">
<interp inst="t18511215-90" type="uri" value="sessionsPapers/18511215"/>
<interp inst="t18511215-90" type="date" value="18511215"/>
<join result="criminalCharge" id="t18511215-90-charge-1" targOrder="Y" targets="def1-90-18511215 t18511215-90-offence-1 t18511215-90-verdict-1"/>
<persName id="def1-90-18511215" type="defendantName">
<interp inst="def1-90-18511215" type="gender" value="male"/>
<interp inst="def1-90-18511215" type="age" value="20"/>
<interp inst="def1-90-18511215" type="surname" value="VALLIS"/>
<interp inst="def1-90-18511215" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY VALLIS</hi> </persName>
<rs id="t18511215-90-offence-1" type="offenceDescription">
<interp inst="t18511215-90-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18511215-90-offence-1" type="offenceSubcategory" value="coiningOffences"/>, unlawfully uttering counterfeit coin: to which he pleaded</rs> </p>
<hi rend="smallCaps">
<rs id="t18511215-90-verdict-1" type="verdictDescription">
<interp inst="t18511215-90-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18511215-90-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi>.
<hi rend="italic">He received a good character</hi>. Aged 20.—
<hi rend="italic">
<rs id="t18511215-90-punishment-10" type="punishmentDescription">
<interp inst="t18511215-90-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18511215-90-punishment-10" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-90-18511215 t18511215-90-punishment-10"/>Confined Four Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18511215-91">
<interp inst="t18511215-91" type="uri" value="sessionsPapers/18511215"/>
<interp inst="t18511215-91" type="date" value="18511215"/>
<join result="criminalCharge" id="t18511215-91-charge-1" targOrder="Y" targets="def1-91-18511215 t18511215-91-offence-1 t18511215-91-verdict-1"/>
<persName id="def1-91-18511215" type="defendantName">
<interp inst="def1-91-18511215" type="gender" value="male"/>
<interp inst="def1-91-18511215" type="surname" value="PRENDERGAST"/>
<interp inst="def1-91-18511215" type="given" value="CHARLES JAMES"/>
<hi rend="largeCaps">CHARLES JAMES PRENDERGAST</hi> </persName>
<rs id="t18511215-91-offence-1" type="offenceDescription">
<interp inst="t18511215-91-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18511215-91-offence-1" type="offenceSubcategory" value="embezzlement"/>, embezzling 114
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>.; the moneys of
<persName id="t18511215-name-72" type="victimName">
<interp inst="t18511215-name-72" type="gender" value="male"/>
<interp inst="t18511215-name-72" type="surname" value="SHARP"/>
<interp inst="t18511215-name-72" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18511215-91-offence-1 t18511215-name-72"/>Thomas Sharp</persName>, and others, his masters: to which be pleaded</rs> </p>
<hi rend="smallCaps">
<rs id="t18511215-91-verdict-1" type="verdictDescription">
<interp inst="t18511215-91-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18511215-91-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18511215-91-punishment-11" type="punishmentDescription">
<interp inst="t18511215-91-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18511215-91-punishment-11" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-91-18511215 t18511215-91-punishment-11"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18511215-92">
<interp inst="t18511215-92" type="uri" value="sessionsPapers/18511215"/>
<interp inst="t18511215-92" type="date" value="18511215"/>
<join result="criminalCharge" id="t18511215-92-charge-1" targOrder="Y" targets="def1-92-18511215 t18511215-92-offence-1 t18511215-92-verdict-1"/>
<persName id="def1-92-18511215" type="defendantName">
<interp inst="def1-92-18511215" type="gender" value="male"/>
<interp inst="def1-92-18511215" type="surname" value="WILLIAMS"/>
<interp inst="def1-92-18511215" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN WILLIAMS</hi> </persName>
<rs id="t18511215-92-offence-1" type="offenceDescription">
<interp inst="t18511215-92-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18511215-92-offence-1" type="offenceSubcategory" value="coiningOffences"/>, unlawfully uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MESSRS. ELLIS</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">BODKIN</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18511215-name-74" type="witnessName">
<interp inst="t18511215-name-74" type="gender" value="female"/>
<interp inst="t18511215-name-74" type="surname" value="GULLIVER"/>
<interp inst="t18511215-name-74" type="given" value="HANNAH"/>HANNAH GULLIVER</persName> </hi>. I live in Hemlock-court; my husband is a printer.</p>
<p>I keep a chandler's-shop. On 10th Dec. the prisoner came for 1
<hi rend="italic">d</hi>. worth of tobacco—I served him—he gave me a half-crown, I gave him 2
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>. change—I then went to serve a person at another counter, and the prisoner said he had halfpence enough to pay for the tobacco, and asked what the price was, I told him—he pushed back the change to me on the counter, and I gave him the half-crown—I saw one of the shillings was bad, it was not one that I gave him—I am quite confident that I had no bad shilling—I did not mix the shilling he gave me with any other—he went out of the shop directly—I went after him and asked him to give me a good shilling for the bad one—he wanted the shilling back from me, which I refused—a policeman was standing by, and I gave him in charge with the shilling—I am certain that the two shillings I gave the prisoner were good, I tried them when I took them.</p>
<hi rend="italic">Prisoner. Q.</hi> Does any other person serve in that shop?
<hi rend="italic">A.</hi> Not to take money—I did not make any mark on the money when I gave it you—I do not know what date the shillings were—you moved the money on the counter—I put no mark on the shilling till I got to the station—I had put it in the till with three half-crowns and three sixpences, but I am certain I had no other shilling—I afterwards gave it to the policeman.</p>
<xptr type="pageFacsimile" doc="185112150030"/>
<hi rend="smallCaps">
<persName id="t18511215-name-75" type="witnessName">
<interp inst="t18511215-name-75" type="gender" value="male"/>
<interp inst="t18511215-name-75" type="surname" value="HOLMES"/>
<interp inst="t18511215-name-75" type="given" value="WALTER"/>WALTER HOLMES</persName> </hi> (
<hi rend="italic">policeman, T</hi> 50). I took the prisoner last Wednesday—Mrs. Gulliver said he had passed a bad shilling—he said he had passed no bad shilling with her, and was not going to have a bad shilling put on him—I found on him a half-crown, a shilling's-worth of halfpence and another portion of tobacco beside that he had bought of Mrs. Gulliver—he gave the name of John Clark.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-76" type="witnessName">
<interp inst="t18511215-name-76" type="gender" value="male"/>
<interp inst="t18511215-name-76" type="surname" value="GANNON"/>
<interp inst="t18511215-name-76" type="given" value="THOMAS"/>THOMAS GANNON</persName> </hi>. I am a grocer, and live in Duke-street, Lincoln's-inn-fields. Last Friday the prisoner came to my shop, about 9 o'clock in the evening—he asked for an ounce of coffee, and a quarter of a pound of sugar, they came to 2
<hi rend="italic">d</hi>.—he laid down 11/2
<hi rend="italic">d</hi>.—I said I required another halfpenny—he then threw down a half-crown, and said, "Take it out of that"—I put the half-crown in a detector, and found the edge bent—I stepped on one side, and said, "I think this is a bad half-crown"—I took a packing-needle out of my desk and crossed the head of the half-crown—the prisoner used very bad language, and asked if I thought he was a b——y smasher, and he called me a b y fool—I said I would try and find that out—I called the policeman, and gave him the half-crown.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-77" type="witnessName">
<interp inst="t18511215-name-77" type="gender" value="male"/>
<interp inst="t18511215-name-77" type="surname" value="ABBOTT"/>
<interp inst="t18511215-name-77" type="given" value="WILLIAM"/>WILLIAM ABBOTT</persName> </hi> (
<hi rend="italic">policeman, T</hi> 117). I took the prisoner, and got this half-crown from Mr. Gannon—I found on him 3
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. in silver, and 3
<hi rend="italic">d</hi>. in copper.</p>
<hi rend="italic">Prisoner. Q.</hi> Was I drunk?
<hi rend="italic">A.</hi> You were not sober, but you knew what you were about.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-78" type="witnessName">
<interp inst="t18511215-name-78" type="gender" value="male"/>
<interp inst="t18511215-name-78" type="surname" value="WEBSTER"/>
<interp inst="t18511215-name-78" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. I am inspector of coin to the Royal Mint—this half-crown and shilling are both bad.</p>
<hi rend="italic">Prisoner's Defence.</hi> It is very curious that this woman would not press the charge against me; I never took the money off her counter; the policeman found no shilling on me; the half-crown I know nothing about; I sold my coat that day; the half-crown might be put upon me; I do not know.</p>
<hi rend="smallCaps">
<rs id="t18511215-92-verdict-1" type="verdictDescription">
<interp inst="t18511215-92-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18511215-92-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18511215-92-punishment-12" type="punishmentDescription">
<interp inst="t18511215-92-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18511215-92-punishment-12" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-92-18511215 t18511215-92-punishment-12"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18511215-93">
<interp inst="t18511215-93" type="uri" value="sessionsPapers/18511215"/>
<interp inst="t18511215-93" type="date" value="18511215"/>
<join result="criminalCharge" id="t18511215-93-charge-1" targOrder="Y" targets="def1-93-18511215 t18511215-93-offence-1 t18511215-93-verdict-1"/>
<persName id="def1-93-18511215" type="defendantName">
<interp inst="def1-93-18511215" type="gender" value="male"/>
<interp inst="def1-93-18511215" type="surname" value="BUTLER"/>
<interp inst="def1-93-18511215" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE BUTLER</hi> </persName>
<rs id="t18511215-93-offence-1" type="offenceDescription">
<interp inst="t18511215-93-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18511215-93-offence-1" type="offenceSubcategory" value="coiningOffences"/>, for a like offence.</rs> </p>
<hi rend="smallCaps">
<rs id="t18511215-93-verdict-1" type="verdictDescription">
<interp inst="t18511215-93-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18511215-93-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18511215-94">
<interp inst="t18511215-94" type="uri" value="sessionsPapers/18511215"/>
<interp inst="t18511215-94" type="date" value="18511215"/>
<join result="criminalCharge" id="t18511215-94-charge-1" targOrder="Y" targets="def1-94-18511215 t18511215-94-offence-1 t18511215-94-verdict-2"/>
<join result="criminalCharge" id="t18511215-94-charge-2" targOrder="Y" targets="def2-94-18511215 t18511215-94-offence-1 t18511215-94-verdict-1"/>
<persName id="def1-94-18511215" type="defendantName">
<interp inst="def1-94-18511215" type="gender" value="male"/>
<interp inst="def1-94-18511215" type="age" value="27"/>
<interp inst="def1-94-18511215" type="surname" value="WILLIS"/>
<interp inst="def1-94-18511215" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN WILLIS</hi> </persName> and
<persName id="def2-94-18511215" type="defendantName">
<interp inst="def2-94-18511215" type="gender" value="male"/>
<interp inst="def2-94-18511215" type="age" value="30"/>
<interp inst="def2-94-18511215" type="surname" value="TANSTEAD"/>
<interp inst="def2-94-18511215" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES TANSTEAD</hi> </persName>
<rs id="t18511215-94-offence-1" type="offenceDescription">
<interp inst="t18511215-94-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18511215-94-offence-1" type="offenceSubcategory" value="coiningOffences"/>, unlawfully having counterfeit coin in their possession: to which </rs>
<hi rend="largeCaps">TANSTEAD</hi> pleaded</p>
<hi rend="smallCaps">
<rs id="t18511215-94-verdict-1" type="verdictDescription">
<interp inst="t18511215-94-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18511215-94-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi>. Aged 30.—
<hi rend="italic">
<rs id="t18511215-94-punishment-13" type="punishmentDescription">
<interp inst="t18511215-94-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18511215-94-punishment-13" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-94-18511215 t18511215-94-punishment-13"/>Confined Twelve Months</rs>.</hi> </p>
<hi rend="smallCaps">MESSRS. ELLIS</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">BODKIN</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18511215-name-82" type="witnessName">
<interp inst="t18511215-name-82" type="gender" value="male"/>
<interp inst="t18511215-name-82" type="surname" value="GROVER"/>
<interp inst="t18511215-name-82" type="given" value="GEORGE"/>GEORGE GROVER</persName> </hi>. I keep the Fox and Hounds, Old Brentford. On 24th Nov. Willis came and asked for a half-pint of beer—my wife served him—I saw him pay her a piece of money—I looked at it—it was a bad shilling—Willis said he had no more money but
<hi rend="italic">$d</hi>. which he gave in con
<lb/>sequence of his having drank part of the beer—he wanted the shilling back which I refused—I sent for the policeman, marked the shilling, and gave it him—Willis had left my place before the policeman came—I gave him a description of him.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-83" type="witnessName">
<interp inst="t18511215-name-83" type="gender" value="male"/>
<interp inst="t18511215-name-83" type="surname" value="ETHBRINGTON"/>
<interp inst="t18511215-name-83" type="given" value="WILLIAM"/>WILLIAM ETHBRINGTON</persName> </hi>. I am shopman to Mr. M'Gowan, a grocer, at Old Brentford. On 24th Nov. Willis came to the shop for half-an-ounce of tobacco—it came to 1 1/2
<hi rend="italic">d</hi>. he gave me a shilling—I put it in the till where there was no other silver but a sixpence—I gave Willis his change, and he went away—I left the shilling in the till.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-84" type="witnessName">
<interp inst="t18511215-name-84" type="gender" value="female"/>
<interp inst="t18511215-name-84" type="surname" value="M'GOWAN"/>
<interp inst="t18511215-name-84" type="given" value="SARAH"/>SARAH M'GOWAN</persName> </hi>. My husband keeps that shop—I did not see Willis at the shop, but I took the money out of the till that night, about half an hour after Etherington shut up the shop—I found the shilling in the till, and left it there till the next morning—I then marked it and gave it to the policeman.</p>
<xptr type="pageFacsimile" doc="185112150031"/>
<hi rend="smallCaps">
<persName id="t18511215-name-85" type="witnessName">
<interp inst="t18511215-name-85" type="gender" value="male"/>
<interp inst="t18511215-name-85" type="surname" value="FOAN"/>
<interp inst="t18511215-name-85" type="given" value="ROBERT"/>ROBERT FOAN</persName> </hi> (
<hi rend="italic">policeman, T</hi> 121). On 24th Nor. I received this shilling from Mr. Grover, who described the prisoner—I went in search of him to a lodging-house kept by Mrs. Slade; I found the two prisoners sitting on a seat close to each other—I told Willis he bad been to Mr. Grover's and ten
<lb/>dered a bad shilling—he said he had not been to Mr. Grover's that day—I found on him a sixpence, fourpence in silver, and 2
<hi rend="italic">d</hi>. in copper, some tea, sugar, tobacco, and a duplicate—I took him to the station—next day I got this other shilling from Mrs. M'Gowan.</p>
<hi rend="italic">Willis</hi>. He asked me if I had been to Mr. Grover's; I said I did not know; I had been to one public-house, I did not know the name.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-86" type="witnessName">
<interp inst="t18511215-name-86" type="gender" value="male"/>
<interp inst="t18511215-name-86" type="surname" value="FIELDER"/>
<interp inst="t18511215-name-86" type="given" value="EDWARD"/>EDWARD FIELDER</persName> </hi> (
<hi rend="italic">policeman, T</hi> 157). I saw the two prisoners standing talking in the street—they went to Mr. Johnson's—Willis went in there, and Tanstead stood outside as if watching, about a dozen yards off—when Willis came out they joined, and went into the lodging-house—I and the other officer went in and found them both together—I searched Tanstead, and found on him eight bad half-crowns, fourteen bad shillings, 2
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>. in copper, and five good sixpences.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-87" type="witnessName">
<interp inst="t18511215-name-87" type="gender" value="male"/>
<interp inst="t18511215-name-87" type="surname" value="WEBSTER"/>
<interp inst="t18511215-name-87" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These two shillings which were passed are bad, and from the same mould—four of the fourteen shillings found on Tanstead are of the same mould as those that were uttered—they are all bad, and the half-crowns also.</p>
<hi rend="italic">Willis</hi>. I never knew this other prisoner till I saw him there.</p>
<hi rend="largeCaps">WILLIS</hi>
<hi rend="smallCaps">
<rs id="t18511215-94-verdict-2" type="verdictDescription">
<interp inst="t18511215-94-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18511215-94-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 27.—
<hi rend="italic">
<rs id="t18511215-94-punishment-14" type="punishmentDescription">
<interp inst="t18511215-94-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18511215-94-punishment-14" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-94-18511215 t18511215-94-punishment-14"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18511215-95">
<interp inst="t18511215-95" type="uri" value="sessionsPapers/18511215"/>
<interp inst="t18511215-95" type="date" value="18511215"/>
<join result="criminalCharge" id="t18511215-95-charge-1" targOrder="Y" targets="def1-95-18511215 t18511215-95-offence-1 t18511215-95-verdict-1"/>
<persName id="def1-95-18511215" type="defendantName">
<interp inst="def1-95-18511215" type="gender" value="male"/>
<interp inst="def1-95-18511215" type="age" value="30"/>
<interp inst="def1-95-18511215" type="surname" value="ROWAN"/>
<interp inst="def1-95-18511215" type="given" value="ROBERT"/>
<hi rend="largeCaps">ROBERT ROWAN</hi> </persName>
<rs id="t18511215-95-offence-1" type="offenceDescription">
<interp inst="t18511215-95-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18511215-95-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, stealing 81 newspapers, value 1
<hi rend="italic">l</hi>. 12
<hi rend="italic">l</hi>.; the goods of
<persName id="t18511215-name-89" type="victimName">
<interp inst="t18511215-name-89" type="gender" value="male"/>
<interp inst="t18511215-name-89" type="surname" value="WILD"/>
<interp inst="t18511215-name-89" type="given" value="LANCELOT"/>
<join result="offenceVictim" targOrder="Y" targets="t18511215-95-offence-1 t18511215-name-89"/>Lancelot Wild</persName>, his master.</rs> </p>
<hi rend="smallCaps">
<persName id="t18511215-name-90" type="witnessName">
<interp inst="t18511215-name-90" type="gender" value="male"/>
<interp inst="t18511215-name-90" type="surname" value="RUSSELL"/>
<interp inst="t18511215-name-90" type="given" value="BENJAMIN"/>BENJAMIN RUSSELL</persName> </hi>. I am porter to Mr. Wild. On 6th Dec. I brought ten quires of newspapers from the
<hi rend="italic">Dispatch</hi> office to Mr. Wild's, in Catharine-street—I left three quires of them at Mr. Herapath's in Red Lion-court, Fleet-street.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> When did you get the papers from the office? About 25 minutes before 2 o'clock, and I left the three quires about 20 minutes before 2—I laid them down on the counter, and went off directly—there were the three Mr. Herapath's there—I went in and laid down the papers a yard or two from the door—the door was not open when I went; I opened the door—I did not close it—I saw nothing more of the papers—I left them because the load was too much for me—I did not go for them again.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-91" type="witnessName">
<interp inst="t18511215-name-91" type="gender" value="male"/>
<interp inst="t18511215-name-91" type="surname" value="HERAPATH"/>
<interp inst="t18511215-name-91" type="given" value="LESLIE GEORGE"/>LESLIE GEORGE HERAPATH</persName> </hi>. I live in Red Lion-court, Fleet-street. I recollect Russell leaving three quires of papers at my office, last Saturday week—they were put on the counter not far from the door—I afterwards saw the prisoner take them away—he had been in the service of Mr. Wild, and therefore we let him have them.</p>
<hi rend="italic">Cross-examined. Q.</hi> What time were they left?
<hi rend="italic">A.</hi> I cannot say exactly, it was between half-past one and two o'clock—my two brothers and myself were in the office—they were fetched away five or ten minutes after they were left—when they were fetched I was just moving off to the end of the counter—I was about two yards from them—there are two desks in the office—one of them would intercept my view—the prisoner did not say any
<lb/>thing, he took them up, put them on his shoulder, and went away—I had seen him come for papers from time to time—he had a cap on which I believe was black, and a dark coat—I knew his person before, and swear he is the man.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-92" type="witnessName">
<interp inst="t18511215-name-92" type="gender" value="male"/>
<interp inst="t18511215-name-92" type="surname" value="WILD"/>
<interp inst="t18511215-name-92" type="given" value="LANCELOT"/>LANCELOT WILD</persName> </hi>. I am a news-agent, of 13, Catherine-street. I know</p>
<xptr type="pageFacsimile" doc="185112150032"/>
<p>the prisoner—he had been in my employ but had left me two Saturdays before that—I only employed him on a Saturday, he was an extra hand—I did not authorise him to go on Saturday week to fetch the three quires of papers from Mr. Herapath's—I had not seen him for two Saturdays previous—I have not had the papers.</p>
<hi rend="italic">Cross-examined. Q.</hi> Did you send any person for them?
<hi rend="italic">A.</hi> Yes, a lad in my employ—Russell came with what he brought about two o'clock, or ten minutes before two—I sent the lad for these three quires about half-past two o'clock—when papers are brought they are given to me or my clerk; I had only employed the prisoner for seven or eight Saturdays.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-93" type="witnessName">
<interp inst="t18511215-name-93" type="gender" value="male"/>
<interp inst="t18511215-name-93" type="surname" value="GREEN"/>
<interp inst="t18511215-name-93" type="given" value="ALFRED"/>ALFRED GREEN</persName> </hi> (
<hi rend="italic">City policeman</hi>.) I took the prisoner, I told him the charge—he denied being in Red Lion-court on that Saturday.</p>
<hi rend="italic">Cross-examined. Q.</hi> He has said so all along?
<hi rend="italic">A.</hi> Yes; I found him at work at a printing-office, in Holborn.</p>
<hi rend="italic">The prisoner received a good character</hi>.)</p>
<rs id="t18511215-95-verdict-1" type="verdictDescription">
<interp inst="t18511215-95-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18511215-95-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>. Aged 30.—
<hi rend="italic">Recommended to mercy by the Jury and Prosecutor</hi> </rs>.—
<hi rend="italic">
<rs id="t18511215-95-punishment-15" type="punishmentDescription">
<interp inst="t18511215-95-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18511215-95-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-95-18511215 t18511215-95-punishment-15"/>Confined Two Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18511215-96">
<interp inst="t18511215-96" type="uri" value="sessionsPapers/18511215"/>
<interp inst="t18511215-96" type="date" value="18511215"/>
<join result="criminalCharge" id="t18511215-96-charge-1" targOrder="Y" targets="def1-96-18511215 t18511215-96-offence-1 t18511215-96-verdict-1"/>
<persName id="def1-96-18511215" type="defendantName">
<interp inst="def1-96-18511215" type="gender" value="male"/>
<interp inst="def1-96-18511215" type="surname" value="BURR"/>
<interp inst="def1-96-18511215" type="given" value="ALFRED FREDERICK"/>
<hi rend="largeCaps">ALFRED FREDERICK BURR</hi> </persName>
<rs id="t18511215-96-offence-1" type="offenceDescription">
<interp inst="t18511215-96-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18511215-96-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing 335lbs. weight of lead, value 3
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.; the goods of
<persName id="t18511215-name-95" type="victimName">
<interp inst="t18511215-name-95" type="gender" value="male"/>
<interp inst="t18511215-name-95" type="surname" value="TODD"/>
<interp inst="t18511215-name-95" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18511215-96-offence-1 t18511215-name-95"/>Thomas Todd</persName>.</rs> </p>
<hi rend="smallCaps">MR. CLARKSON</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18511215-name-96" type="witnessName">
<interp inst="t18511215-name-96" type="gender" value="male"/>
<interp inst="t18511215-name-96" type="surname" value="THORMAN"/>
<interp inst="t18511215-name-96" type="given" value="WILLIAM ENSOR"/>WILLIAM ENSOR THORMAN</persName> </hi>. I am clerk to Mr. Thomas Todd; he trades under the firm of William Todd and Son, Red Lion and Three Cranes Wharf, Upper Thames-street. On 28th Nov., I examined the lead on the wharf after looking at the book—I missed three pigs and a half, or about that quantity—I afterwards saw that lead—it was shown to me by the inspector—I can swear that they were what was missing from the wharf—the half pig was compared with another half pig—I know nothing more of the prisoner than by seeing him on board the
<hi rend="italic">Albion</hi> barge, which came to the wharf on 27th Nov. with a cargo of hops, in the afternoon.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> You are sure you saw him?
<hi rend="italic">A.</hi> Yes; I did not speak to him—there were two other persons on board the barge—I saw the pile of lead safe on the day before—I did not count it on the 27th, but if any person saw a pile of lead, he would be able to tell what was missing—I looked at the book before I went down the wharf; I should know by the books what was missing—I am able to swear to the lead—I saw that the half pig on the wharf corresponded with the half pig found, one letter on it being cut in half.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-97" type="witnessName">
<interp inst="t18511215-name-97" type="gender" value="male"/>
<interp inst="t18511215-name-97" type="surname" value="SANCTO"/>
<interp inst="t18511215-name-97" type="given" value="ALEXANDER"/>ALEXANDER SANCTO</persName> </hi>. I was master of the barge
<hi rend="italic">Albion</hi>, from Maidstone. The prisoner came with me to the Red Lion and Three Cranes Wharf, on Thursday, 27th Nov.—the barge was discharged there—the crew consisted of Frederick Gill yard, my mate, and the prisoner was third man on board—after the barge had been discharged, we went away at 6 o'clock in the morning of 28th Nov.—we dropped down to Horselydown—the barge was at Horsely-down when the officer came on board—I know the locker and the bed cabin on board—the locker was used for timber, gear, chains, ropes, and blocks for the use of the barge—the prisoner had charge of the locker—I and the mate slept in the aft cabin—a maul was shown to me; that was generally kept in the iron locker—I did not know anything of the lead being on board—the prisoner had nothing to do with the discharge of the cargo; he was to clear away—Mr. Todd's men got the cargo out.</p>
<hi rend="italic">Cross-examined. Q.</hi> He had no right to leave the barge?
<hi rend="italic">A.</hi> Yes, just to get a little victuals—I have known him ten or a dozen years; I never</p>
<xptr type="pageFacsimile" doc="185112150033"/>
<p>knew anything wrong of him—I was not with the barge—I went on shore—anybody could have gone to the locker—I was not on board the barge that day, from the morning till 6 o'clock in the evening.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-98" type="witnessName">
<interp inst="t18511215-name-98" type="gender" value="male"/>
<interp inst="t18511215-name-98" type="surname" value="GILLYARD"/>
<interp inst="t18511215-name-98" type="given" value="FREDERICK"/>FREDERICK GILLYARD</persName> </hi>. I was mate, on board the
<hi rend="italic">Albion</hi>. I was on board when she came to the wharf—I helped to discharge the cargo—she afterwards dropped down to Horselydown—I did not know of any lead being on board; I had not placed any there—I do not go down into the forecastle, where the locker is, once in two months—it is close to the prisoner's bed-place.</p>
<hi rend="italic">Cross-examined. Q.</hi> Were there other persons who might have put the lead in the locker besides the prisoner?
<hi rend="italic">A.</hi> I do not know—I had not been down in the forecastle while the barge was lying at the wharf—I did not see any of Mr. Todd's men go down—I was bad in bed in the cabin—I had met with an accident a fortnight before, and had hurt my leg—I had been work
<lb/>ing a little, till I got to the wharf—I was on regular work, but I was forced to get some one else to do part of my work—the prisoner was my mate; he had to do part of my work—I had told the master I was ill—I had bad a fall—I went on shore while the barge was at the wharf, just as the foreman came down—this lead might have been got on board without my knowing it.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-99" type="witnessName">
<interp inst="t18511215-name-99" type="gender" value="male"/>
<interp inst="t18511215-name-99" type="surname" value="WHITE"/>
<interp inst="t18511215-name-99" type="given" value="RICHARD"/>RICHARD WHITE</persName> </hi>. I am an inspector of the Thames police. I went on board the
<hi rend="italic">Albion</hi>, at Horselydown, on 28th Nov.—when I was about to go forward, the prisoner ran and jumped before me, and sat himself down on a locker, close to his bed—I said to him, "What have you in the locker?"—he said, "Nothing"—I said, "Get up, let me tee what you have in the locker"—he said, "Nothing"—I took him by the collar, and moved him from the locker, and looking in it I found these three pigs of lead—I said, "I thought you told me there was nothing in the locker"—he said, "I know nothing about it"—I then asked him if that was his bed cabin—he said, "Yes; but you will find nothing there"—I searched it, and at the foot, under his bed, I found this half pig—I said, "What do you say to the lead in your bed cabin?"—he said, "I know nothing about it"—I found this maul in the forecastle—some of the pigs of lead have been beaten by some
<lb/>thing similar to this, and the marks effaced.</p>
<hi rend="italic">Cross-examined. Q.</hi> When you went on board you found Gillyard?
<hi rend="italic">A.</hi> Yes; he was washing the decks—I heard him tell the prisoner to go forwards and get a light—he said, "Very well," and got a light.</p>
<hi rend="italic">The prisoner received a good character</hi>.)</p>
<hi rend="smallCaps">
<rs id="t18511215-96-verdict-1" type="verdictDescription">
<interp inst="t18511215-96-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18511215-96-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18511215-97">
<interp inst="t18511215-97" type="uri" value="sessionsPapers/18511215"/>
<interp inst="t18511215-97" type="date" value="18511215"/>
<join result="criminalCharge" id="t18511215-97-charge-1" targOrder="Y" targets="def1-97-18511215 t18511215-97-offence-1 t18511215-97-verdict-1"/>
<persName id="def1-97-18511215" type="defendantName">
<interp inst="def1-97-18511215" type="gender" value="female"/>
<interp inst="def1-97-18511215" type="surname" value="HALLIDAY"/>
<interp inst="def1-97-18511215" type="given" value="ELLEN"/>
<hi rend="largeCaps">ELLEN HALLIDAY</hi> </persName>
<rs id="t18511215-97-offence-1" type="offenceDescription">
<interp inst="t18511215-97-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18511215-97-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing 2 sheets, value 1
<hi rend="italic">s</hi>.; the goods of
<persName id="t18511215-name-101" type="victimName">
<interp inst="t18511215-name-101" type="gender" value="male"/>
<interp inst="t18511215-name-101" type="surname" value="BHEAR"/>
<interp inst="t18511215-name-101" type="given" value="FREDERICK"/>
<join result="offenceVictim" targOrder="Y" targets="t18511215-97-offence-1 t18511215-name-101"/>Frederick Bhear</persName>: to which she pleaded</rs> </p>
<hi rend="smallCaps">
<rs id="t18511215-97-verdict-1" type="verdictDescription">
<interp inst="t18511215-97-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18511215-97-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18511215-97-punishment-16" type="punishmentDescription">
<interp inst="t18511215-97-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18511215-97-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-97-18511215 t18511215-97-punishment-16"/>Confined Three Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18511215-98">
<interp inst="t18511215-98" type="uri" value="sessionsPapers/18511215"/>
<interp inst="t18511215-98" type="date" value="18511215"/>
<join result="criminalCharge" id="t18511215-98-charge-1" targOrder="Y" targets="def1-98-18511215 t18511215-98-offence-1 t18511215-98-verdict-1"/>
<join result="criminalCharge" id="t18511215-98-charge-2" targOrder="Y" targets="def1-98-18511215 t18511215-98-offence-2 t18511215-98-verdict-1"/>
<persName id="def1-98-18511215" type="defendantName">
<interp inst="def1-98-18511215" type="gender" value="male"/>
<interp inst="def1-98-18511215" type="age" value="21"/>
<interp inst="def1-98-18511215" type="surname" value="LONG"/>
<interp inst="def1-98-18511215" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM LONG</hi> </persName>
<rs id="t18511215-98-offence-1" type="offenceDescription">
<interp inst="t18511215-98-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18511215-98-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing 1 coat, value 25
<hi rend="italic">s</hi>.; the goods of
<persName id="t18511215-name-103" type="victimName">
<interp inst="t18511215-name-103" type="gender" value="male"/>
<interp inst="t18511215-name-103" type="surname" value="MARSDEN"/>
<interp inst="t18511215-name-103" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18511215-98-offence-1 t18511215-name-103"/>William Marsden</persName>; </rs>
<hi rend="italic">also</hi>,
<rs id="t18511215-98-offence-2" type="offenceDescription">
<interp inst="t18511215-98-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18511215-98-offence-2" type="offenceSubcategory" value="simpleLarceny"/>1 fusee box, and other goods, 5
<hi rend="italic">s</hi>.; the property of
<persName id="t18511215-name-104" type="victimName">
<interp inst="t18511215-name-104" type="gender" value="male"/>
<interp inst="t18511215-name-104" type="surname" value="COURTNAY"/>
<interp inst="t18511215-name-104" type="given" value="WILLIAM JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18511215-98-offence-2 t18511215-name-104"/>William James Courtnay</persName>: to which he pleaded</rs> </p>
<hi rend="smallCaps">
<rs id="t18511215-98-verdict-1" type="verdictDescription">
<interp inst="t18511215-98-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18511215-98-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi>. Aged 21.—
<hi rend="italic">
<rs id="t18511215-98-punishment-17" type="punishmentDescription">
<interp inst="t18511215-98-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18511215-98-punishment-17" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-98-18511215 t18511215-98-punishment-17"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18511215-99">
<interp inst="t18511215-99" type="uri" value="sessionsPapers/18511215"/>
<interp inst="t18511215-99" type="date" value="18511215"/>
<join result="criminalCharge" id="t18511215-99-charge-1" targOrder="Y" targets="def1-99-18511215 t18511215-99-offence-1 t18511215-99-verdict-1"/>
<persName id="def1-99-18511215" type="defendantName">
<interp inst="def1-99-18511215" type="gender" value="female"/>
<interp inst="def1-99-18511215" type="age" value="49"/>
<interp inst="def1-99-18511215" type="surname" value="DALEY"/>
<interp inst="def1-99-18511215" type="given" value="ELLEN"/>
<hi rend="largeCaps">ELLEN DALEY</hi> </persName>
<rs id="t18511215-99-offence-1" type="offenceDescription">
<interp inst="t18511215-99-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18511215-99-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing 1 pair of trowsers, and other goods, value 12
<hi rend="italic">s</hi>.; the property of
<persName id="t18511215-name-106" type="victimName">
<interp inst="t18511215-name-106" type="gender" value="male"/>
<interp inst="t18511215-name-106" type="surname" value="CRAN"/>
<interp inst="t18511215-name-106" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18511215-99-offence-1 t18511215-name-106"/>James Cran</persName>.</rs> </p>
<hi rend="smallCaps">
<persName id="t18511215-name-107" type="witnessName">
<interp inst="t18511215-name-107" type="gender" value="male"/>
<interp inst="t18511215-name-107" type="surname" value="CRAN"/>
<interp inst="t18511215-name-107" type="given" value="JAMES"/>JAMES CRAN</persName> </hi>. I am an engineer, and live in Bear-lane, Southwark. On Saturday night, 6th Dec, I was going home at 8 or 9 o'clock—I saw the pri
<lb/>soner—she told me a sad story, and I treated her with some gin—I had a hand
<lb/>kerchief in my hand, containing a pair of blue trowsers and a navy cap—the</p>
<xptr type="pageFacsimile" doc="185112150034"/>
<p>maker's name, Salter, was in the stamp—after I had treated the prisoner, I accompanied her to a room in an adjoining house—she wished me to go, and I am easily led on one side—I put my parcel on the table—the person belonging to the house wanted 1
<hi rend="italic">s</hi>. for the use of the room—I did not choose to pay it, and the candle was put on one side, and my bundle was taken away—I was as sober as I am now—I was in the room seven or eight, or perhaps ten minutes—I saw the prisoner take my bundle—she went out—I went after her, but could not find her—I afterwards saw her pass, and pointed her out to the officer.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-108" type="witnessName">
<interp inst="t18511215-name-108" type="gender" value="male"/>
<interp inst="t18511215-name-108" type="surname" value="POTTER"/>
<interp inst="t18511215-name-108" type="given" value="THOMAS"/>THOMAS POTTER</persName> </hi> (
<hi rend="italic">City policeman</hi>, 259). Cran pointed the prisoner out to me, and I took her in Cloth-fair—she was searched at the station, and 1
<hi rend="italic">s</hi>. 113/4
<hi rend="italic">d</hi>. was found—I knew her well—I went to her lodging at 1, Sun-court, and found a duplicate of these articles, pawned for 5
<hi rend="italic">s</hi>.—I found this handkerchief under her bed.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-109" type="witnessName">
<interp inst="t18511215-name-109" type="gender" value="male"/>
<interp inst="t18511215-name-109" type="surname" value="SKINNER"/>
<interp inst="t18511215-name-109" type="given" value="GEORGE ROLFE"/>GEORGE ROLFE SKINNER</persName> </hi>. I am assistant to Mr. Walter, a pawnbroker in Aldersgate-street. I produce these trowsers and other articles, for which I gave the duplicate which the policeman found—I do not know the prisoner as having pawned these articles, but I know her as a customer at our shop.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-110" type="witnessName">
<interp inst="t18511215-name-110" type="gender" value="male"/>
<interp inst="t18511215-name-110" type="surname" value="CRAN"/>
<interp inst="t18511215-name-110" type="given" value="JAMES"/>JAMES CRAN</persName> </hi>
<hi rend="italic">re-examined.</hi> This is my handkerchief in which these things were tied—these are my property.</p>
<hi rend="italic">Prisoner</hi>. I am as innocent as can be; I never saw the man; I never robbed a man of anything.</p>
<hi rend="smallCaps">
<rs id="t18511215-99-verdict-1" type="verdictDescription">
<interp inst="t18511215-99-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18511215-99-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 49.—
<hi rend="italic">Recommended to Mercy by the Jury.—
<rs id="t18511215-99-punishment-18" type="punishmentDescription">
<interp inst="t18511215-99-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18511215-99-punishment-18" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-99-18511215 t18511215-99-punishment-18"/>Confined Three Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18511215-100">
<interp inst="t18511215-100" type="uri" value="sessionsPapers/18511215"/>
<interp inst="t18511215-100" type="date" value="18511215"/>
<join result="criminalCharge" id="t18511215-100-charge-1" targOrder="Y" targets="def1-100-18511215 t18511215-100-offence-1 t18511215-100-verdict-1"/>
<persName id="def1-100-18511215" type="defendantName">
<interp inst="def1-100-18511215" type="gender" value="male"/>
<interp inst="def1-100-18511215" type="age" value="21"/>
<interp inst="def1-100-18511215" type="surname" value="SMITH"/>
<interp inst="def1-100-18511215" type="given" value="WILLIAM GEORGE"/>
<hi rend="largeCaps">WILLIAM GEORGE SMITH</hi> </persName>
<rs id="t18511215-100-offence-1" type="offenceDescription">
<interp inst="t18511215-100-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18511215-100-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing 1 clock, and other goods, value 2
<hi rend="italic">l</hi>.; the property of
<persName id="t18511215-name-112" type="victimName">
<interp inst="t18511215-name-112" type="gender" value="male"/>
<interp inst="t18511215-name-112" type="surname" value="NEVETT"/>
<interp inst="t18511215-name-112" type="given" value="JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t18511215-100-offence-1 t18511215-name-112"/>Joseph Nevett</persName>.</rs> </p>
<hi rend="smallCaps">
<persName id="t18511215-name-113" type="witnessName">
<interp inst="t18511215-name-113" type="gender" value="male"/>
<interp inst="t18511215-name-113" type="surname" value="NEVETT"/>
<interp inst="t18511215-name-113" type="given" value="JOSEPH"/>JOSEPH NEVETT</persName> </hi>. I am a bookbinder, of 1, Johnson's-court, Fleet-street. I know the prisoner—he was formerly in my service, but was not at this time—I kept a variety of articles in a cash-box, which I kept in my desk in the counting-house—the desk was kept locked generally, but I am not certain that it was locked that evening—if the cash-box was locked, the key was in the lock—I saw it safe about 10 o'clock in the evening of 14th Oct. when I went away—I had a clock hanging up in my bottom workshop—I noticed it particularly that evening when I went away, having had a number of articles stolen—I left the premises, and they were locked up—no one sleeps there—I went the next morning about 9—I first missed the clock—that led me to search, and I missed some other articles—on 22nd Nov. I was going along Broad-street, Bloomsbury, and I saw a clock exposed for sale at a broker's shop—I found it was mine, the one I had lost—this is it (
<hi rend="italic">produced</hi>)—I am quite certain of it—I have not seen the other things.</p>
<hi rend="italic">Prisoner. Q.</hi> Had you missed any things before?
<hi rend="italic">A.</hi> Yes, some before you came, and some while you were there.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-114" type="witnessName">
<interp inst="t18511215-name-114" type="gender" value="male"/>
<interp inst="t18511215-name-114" type="surname" value="JENKINS"/>
<interp inst="t18511215-name-114" type="given" value="CHARLES"/>CHARLES JENKINS</persName> </hi>. I am salesman to Mr. May, of Broad-street, Blooms
<lb/>bury. I know this clock—my master bought it on 20th Oct.—I was present—it was first brought by a man who appeared like a bricklayer's labourer—my master stopped it, and the man went away, and came back and brought the prisoner—my master asked him if it was his property—he said it was, and gave his name William Saunders, 17, Baldwin's-gardens, Holborn—my master bought it, and paid the prisoner.</p>
<hi rend="italic">Prisoner. Q.</hi> How do you know it was me?
<hi rend="italic">A.</hi> By your face—I took particular notice of you.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-115" type="witnessName">
<interp inst="t18511215-name-115" type="gender" value="male"/>
<interp inst="t18511215-name-115" type="surname" value="SMITH"/>
<interp inst="t18511215-name-115" type="given" value="THOMAS"/>THOMAS SMITH</persName> </hi> (
<hi rend="italic">City policeman</hi>, 270). I took the prisoner.</p>
<xptr type="pageFacsimile" doc="185112150035"/>
<hi rend="italic">Prisoner's Defence.</hi> I am innocent; Mr. Nevett bad the opportunity of seeing me any day for at least a month before I was taken; I was in a place of work when I was apprehended; I know nothing at all about it.</p>
<hi rend="smallCaps">
<rs id="t18511215-100-verdict-1" type="verdictDescription">
<interp inst="t18511215-100-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18511215-100-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 21.—
<hi rend="italic">
<rs id="t18511215-100-punishment-19" type="punishmentDescription">
<interp inst="t18511215-100-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18511215-100-punishment-19" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-100-18511215 t18511215-100-punishment-19"/>Confined Six Months</rs>.</hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, Dec</hi>. 17
<hi rend="italic">th,</hi> 1851.</p>
<hi rend="largeCaps">PRESENT</hi>—Mr. Baron
<hi rend="smallCaps">ALDERSON</hi>; Mr. Justice
<hi rend="smallCaps">WIGHTMAN</hi>; Sir John
<hi rend="smallCaps">KEY</hi>, Bart, Ald.; and Mr.
<hi rend="smallCaps">COMMON SERJEANT</hi>.</p>
<hi rend="italic">Before Mr. Common Serjeant, and the Third Jury.</hi> </p>
<div1 type="trialAccount" id="t18511215-101">
<interp inst="t18511215-101" type="uri" value="sessionsPapers/18511215"/>
<interp inst="t18511215-101" type="date" value="18511215"/>
<join result="criminalCharge" id="t18511215-101-charge-1" targOrder="Y" targets="def1-101-18511215 t18511215-101-offence-1 t18511215-101-verdict-1"/>
<join result="criminalCharge" id="t18511215-101-charge-2" targOrder="Y" targets="def2-101-18511215 t18511215-101-offence-1 t18511215-101-verdict-2"/>
<join result="criminalCharge" id="t18511215-101-charge-3" targOrder="Y" targets="def3-101-18511215 t18511215-101-offence-1 t18511215-101-verdict-3"/>
<hi rend="largeCaps">
<persName id="def1-101-18511215" type="defendantName">
<interp inst="def1-101-18511215" type="gender" value="male"/>
<interp inst="def1-101-18511215" type="age" value="19"/>
<interp inst="def1-101-18511215" type="surname" value="EVANS"/>
<interp inst="def1-101-18511215" type="given" value="JOHN"/>JOHN EVANS</persName>,
<persName id="def2-101-18511215" type="defendantName">
<interp inst="def2-101-18511215" type="gender" value="male"/>
<interp inst="def2-101-18511215" type="age" value="19"/>
<interp inst="def2-101-18511215" type="surname" value="NORTH"/>
<interp inst="def2-101-18511215" type="given" value="BENJAMIN"/> BENJAMIN NORTH</persName> </hi>, and
<persName id="def3-101-18511215" type="defendantName">
<interp inst="def3-101-18511215" type="gender" value="male"/>
<interp inst="def3-101-18511215" type="age" value="19"/>
<interp inst="def3-101-18511215" type="surname" value="ATKINS"/>
<interp inst="def3-101-18511215" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM ATKINS</hi> </persName>
<rs id="t18511215-101-offence-1" type="offenceDescription">
<interp inst="t18511215-101-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18511215-101-offence-1" type="offenceSubcategory" value="robbery"/>, robbery on
<persName id="t18511215-name-119" type="victimName">
<interp inst="t18511215-name-119" type="gender" value="male"/>
<interp inst="t18511215-name-119" type="surname" value="MORGAN"/>
<interp inst="t18511215-name-119" type="given" value="JAMES BIDGOOD"/>
<join result="offenceVictim" targOrder="Y" targets="t18511215-101-offence-1 t18511215-name-119"/>James Bidgood Morgan</persName>, and stealing from his person 14
<hi rend="italic">s</hi>.; his moneys; Atkins having been before convicted: to which</rs> </p>
<hi rend="largeCaps">EVANS</hi> pleaded
<hi rend="smallCaps">
<rs id="t18511215-101-verdict-1" type="verdictDescription">
<interp inst="t18511215-101-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18511215-101-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi>.* Aged 19</p>
<hi rend="largeCaps">NORTH</hi> pleaded
<hi rend="smallCaps">
<rs id="t18511215-101-verdict-2" type="verdictDescription">
<interp inst="t18511215-101-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18511215-101-verdict-2" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi>.* Aged 19</p>
<hi rend="largeCaps">ATKINS</hi> pleaded
<hi rend="smallCaps">
<rs id="t18511215-101-verdict-3" type="verdictDescription">
<interp inst="t18511215-101-verdict-3" type="verdictCategory" value="guilty"/>
<interp inst="t18511215-101-verdict-3" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi>.* Aged 19</p>
<hi rend="italic">
<rs id="t18511215-101-punishment-20" type="punishmentDescription">
<interp inst="t18511215-101-punishment-20" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-101-18511215 t18511215-101-punishment-20"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-101-18511215 t18511215-101-punishment-20"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-101-18511215 t18511215-101-punishment-20"/>Transported for Ten Years</rs> </hi>.</p>
<hi rend="italic">Before Mr. Baron Alderson</hi>.</p> </div1>
<div1 type="trialAccount" id="t18511215-102">
<interp inst="t18511215-102" type="uri" value="sessionsPapers/18511215"/>
<interp inst="t18511215-102" type="date" value="18511215"/>
<join result="criminalCharge" id="t18511215-102-charge-1" targOrder="Y" targets="def1-102-18511215 t18511215-102-offence-1 t18511215-102-verdict-1"/>
<persName id="def1-102-18511215" type="defendantName">
<interp inst="def1-102-18511215" type="gender" value="male"/>
<interp inst="def1-102-18511215" type="age" value="49"/>
<interp inst="def1-102-18511215" type="surname" value="BOYD"/>
<interp inst="def1-102-18511215" type="given" value="ISAAC"/>
<hi rend="largeCaps">ISAAC BOYD</hi> </persName>
<rs id="t18511215-102-offence-1" type="offenceDescription">
<interp inst="t18511215-102-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18511215-102-offence-1" type="offenceSubcategory" value="fraud"/>, unlawfully obtaining, within three months of his bankruptcy, 1601bs. of silk, value 142
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>.; the property of
<persName id="t18511215-name-121" type="victimName">
<interp inst="t18511215-name-121" type="gender" value="male"/>
<interp inst="t18511215-name-121" type="surname" value="ALLIPSON"/>
<interp inst="t18511215-name-121" type="given" value="MARTIN"/>
<join result="offenceVictim" targOrder="Y" targets="t18511215-102-offence-1 t18511215-name-121"/>Martin Allipson</persName>, with intent to cheat him thereof.</rs> </p>
<hi rend="smallCaps">MESSRS. BALLANTINE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">HUDDLESTON</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18511215-name-122" type="witnessName">
<interp inst="t18511215-name-122" type="gender" value="male"/>
<interp inst="t18511215-name-122" type="surname" value="ROBINSON"/>
<interp inst="t18511215-name-122" type="given" value="FRANCIS"/>FRANCIS ROBINSON</persName> </hi>. I am assistant messenger, attached to Mr. Commis
<lb/>sioner Holroyd's Court, in Bankruptcy. I produced the proceedings in bank
<lb/>ruptcy, in the case of Isaac Boyd, of Spital-square,—the date of the filing of the petition is 24th Nov., 1851—the enrolment was on 25th June, 1851—this is the petition—I am reading from it—the declaration of insolvency was filed by the bankrupt, on 24th June—I do not know of its being filed by the bankrupt—I was not in the Court at the time it was filed—it is here among the proceedings—the date of the adjudication is 25th June, 1851—here is also the appointment of assignees—this is the Gazette of 27th Jane, 1851—this is the advertisement (
<hi rend="italic">read</hi>.)</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CLARKSON</hi>.
<hi rend="italic">Q.</hi> What are you in the Court of Bank
<hi rend="italic">A.</hi> Clerk to Mr. Johnson the messenger—I was not present at the time the prisoner was bankrupt—whoever the party was to whom the proceed
<lb/>ings apply, I was not present and do not know it—I do not know the practice of Mr. Commissioner Holroyd in respect of the direction of prosecutions.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-123" type="witnessName">
<interp inst="t18511215-name-123" type="gender" value="male"/>
<interp inst="t18511215-name-123" type="surname" value="MAYNARD"/>
<interp inst="t18511215-name-123" type="given" value="JOSEPH"/>JOSEPH MAYNARD</persName> </hi>. I am a member of the firm of Crowder and Maynard, solicitors to the assignees of this bankruptcy—I know the defendant—he is the person who was a bankrupt—I see his handwriting—the declaration of bankruptcy is, I think, attested by his own solicitor, Mr. Kearsey; but I know his handwriting—the one that is here is a copy only, the original document is filed—I find his writing on these proceedings, on his last examination—I was present when he signed that—here is an affidavit of Mr. Keaney, verifying the copy—this is the original affidavit—this is the original examination signed by Boyd—I can swear to his handwriting to this original examination—no act has been done, to my knowledge, by the bankrupt, to annul the proceedings, certainly not—there has been none—he was in the United Kingdom at the time of the adjudication—this is the statement; it is signed by Boyd—it is a statement of sales, deposited or pawned, by Isaac Boyd, from 1st Jan., 1849, to June 26th, 1851—it is a part of the accounts</p>
<xptr type="pageFacsimile" doc="185112150036"/>
<p>given in on his passing his last examination—the last item is Fordarti's; at the end of the account—I produced an account of sales; one of the items in the account which he signs is "deposited or pawned"—I find here, under the head of "of whom bought," Allipson and Co. "when," March 27th; "number of pounds," 160; cost 240
<hi rend="italic">l</hi>.; "with whom pawned or deposited," Attenborough; "when," May 17th, 13th, and 24th; there are three dates, May 17th is on a line with what I am reading; "sum received" 120
<hi rend="italic">l</hi>.; then it says, "on hand" "with R. Attenboro;" then it says, "how disposed of;" the last item is "bought for Fordarti 9th June, 353
<hi rend="italic">l</hi>. cost; 11th Jane, 240
<hi rend="italic">l</hi>., received; the weight of silk 250 lbs.; the cost 353
<hi rend="italic">l</hi>., date of pawn
<lb/>ing 11th June"—there are an enormous quantity of transactions here of the same sort—the dates are consecutive as to pledging, but not as to purchasing—the first date of pledging is 14th June, 1849, ending with 11th of June, 1851—the whole quantity of pounds weight of silk obtained and pledged is 12,624; the total cost of that 17,707
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>.; and the total sum received on them 14,159
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>—777lbs. of that appears to have been redeemed, the cost of which is 909
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>.—in none of these accounts, I think, does a sum of 707
<hi rend="italic">l</hi>. appear to have been paid to Messrs. Kearsey and Masterman—I will not be sure—(
<hi rend="italic">looking at the accounts</hi>), no I think that will not appear on any account—Mr. Kearsey has accounted to the estate for what is left—I know Boyd's writing—this bill (
<hi rend="italic">produced</hi>) is his acceptance—it comes from the official assignee—it appears to have been dishonoured on 7th June—it is a five months' bill—(
<hi rend="italic">read dated London, Jan</hi>. 4, 1851,
<hi rend="italic">drawn by James Imray, on I. Boyd, payable to order, five months after date, for</hi> 100
<hi rend="italic">l</hi>.
<hi rend="italic">value received</hi>)—it was taken up afterwards, and therefore it is in the bands of the assignee—Fisher's account on 5th April, 1851, is 150lbs., purchased 5th April, at a cost of 215
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—it is pawned, but there are two others, on 15th and 16th, and the three are pawned together on 17th—the 15th April, is "Tatlock 70lbs., cost 101
<hi rend="italic">l</hi>. 155
<hi rend="italic">s</hi>.—"16th April, Fellows, 230lbs., 339
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. "—the three are pledged on 17th April, with Drakenfords, for 700
<hi rend="italic">l</hi>. and 500
<hi rend="italic">l</hi>. received—it does not appear whether any portion of that has been redeemed—the total amount due to creditors at the date of the bank
<lb/>ruptcy, is 11,214
<hi rend="italic">l</hi>. 17
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>.—then there is another item for liabilities, at distinguished from actual debt, 572
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—I do not think I can say how much of that amount has been contracted from Jan. this year; the balance-sheet does not show it—the assets on the balance-sheet are, "debts good, 700
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>.;" "property taken under fiat, 19,018
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>.;" "property con
<lb/>signed abroad for sale, 294
<hi rend="italic">l</hi>. 19
<hi rend="italic">s</hi>. "—that is the whole—the rest of the items on the other side consist of housekeeping liabilities and losses, which are "by losses, as per list, 4,023
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>.;" and for bad debts, 9
<hi rend="italic">l</hi>. 19
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>.—he has put down as loss the sums of money which he did not get, the difference between what he got, and the cost price—the second sheet of the balance-sheet is headed, "creditors"—it commences with Allipson and Co., on 11th June, 1851—here is my acceptance which was not paid—I have not calculated the sums of money for acceptances, due to the whole of the creditors about that time—these acceptances in the balance-sheet, of 11th, 19th, and 28th June, 1851, are all Allipson's—they are put down as creditors for 30,718
<hi rend="italic">l</hi>., that is the total amount of Allipson's debt.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CLARKSON</hi>.
<hi rend="italic">Q.</hi> Is this prosecution by direction of Mr. Commissioner Holroyd?
<hi rend="italic">A.</hi> Yes; as to its being his practice to file an order in writing on such a subject, I believe there is no practice, for I believe this is the first time any thing of the sort has occurred—I laid the papers before the Commissioner, and requested his direction, whether there should be a prosecution; he gave me a verbal direction that there should be—I</p>
<xptr type="pageFacsimile" doc="185112150037"/>
<p>did not record it in writing, but his attention having been since drawn to it, he desired that a memorandum should be made, which has been done long since the prosecution—it was made within the last two or three weeks, in consequence of his attention being called to the fact that there was no written direction; but in the first instance I received his direction verbally on the day the bankrupt passed his last examination, 2nd Oct.—I may mislead you; I will say further, it was brought to me by my clerk the other day to be approved of—I produce the bill of exchange for 100
<hi rend="italic">l</hi>. that came from the assignee as part of the bankrupt's papers, therefore it was paid on 11th June—there is no statement on the proceedings of what was done with the money got from Drakenford's on 11th June.</p>
<hi rend="italic">Q.</hi> When you speak of pledging, you speak of that which is distinct from pledging at the pawnbroker's?
<hi rend="italic">A.</hi> I think there are but two persons with whom pledges are made, Drakenford and Attenborough—I do not know that Attenborough cannot receive such sums under the Pawnbrokers' Act, or that they are matters of specific agreement between the parties—Drakenfords are not pawnbrokers, they are silk-dealers—Allipsons are my clients; nearly all the silk-merchants are—I do not know from Allipsons how much money they received during the time I have been speaking of, from the bankrupt—I do not know that 1,200
<hi rend="italic">l</hi>. has been paid to Allipsons—I did not attend the examination before the Magistrate, my clerk did—the statement from which I have been reading, is from the accounts of the prisoner—the Act of Parliament on which this prosecution is instituted, passed in Aug. 1851; several of the items contained in the accounts are before the passing of the Act; the first pledge stated here is 14th June, 1849; as to which transaction it appears by the same accounts that the goods were redeemed from Attenborough's in Aug. 1849—my impression is, that Mr. Dodson was the broker for Fordarti in this transaction, through whom the sale was effected—supposing the assets in the balance-sheet to be realised, they would show 5
<hi rend="italic">s</hi>. in the pound—I was the bankrupt's solicitor in 1847, this statement was furnished voluntarily by him, there was no holding back of any sort, nor has there been throughout the whole transaction.</p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> He carried on the same business before, when he was bankrupt?
<hi rend="italic">A.</hi> Yes; he was a silk-manufacturer then—I know Mr. Fordarti perfectly well, his Christian name is James, he has two partners.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-124" type="witnessName">
<interp inst="t18511215-name-124" type="gender" value="male"/>
<interp inst="t18511215-name-124" type="surname" value="HUGHES"/>
<interp inst="t18511215-name-124" type="given" value="THOMAS"/>THOMAS HUGHES</persName> </hi>. I am salesman, in the employ of Allipson and Co. I have been so sixteen years—Mr. Allepson's Christian name is Martin, there is only himself in the business; he is a silk-merchant, of 9, King's Arms-yard, Coleman-street—I know the defendant, he is a silk-manufacturer, and carried on business at 20, Spital-square—the business of a silk-manufacturer is to convert the silk into goods—on 27th March I sold the defendant 166lbs. 8 ozs. of Piedmont orgazin silk, at 30
<hi rend="italic">s</hi>.—it came to 249
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>.—the custom of the silk-trade, with reference to credit, is cash in fourteen days, or a bill at five months, it depends on circumstances—if the manufacturer pays cash in fourteen days, be has the privilege of the discount which is 3
<hi rend="italic">l</hi>. per cent, or he can pay the whole amount at five months; this was settled on those terms—he did not pay cash in fourteen days, but bills were given.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Just tell us what the nature of the transaction was; how did it begin?
<hi rend="italic">A.</hi> I went to him and took a sample; I said, "Here is a sample of Piedmont orgazin"—I did not say, "Do you want to buy any," that is a matter of course, I offered it to him for sale—he approved of it, and asked the price of it—I said 30
<hi rend="italic">s</hi>.—he said, "You had better leave it till to-morrow morning" (which is the usual course in the trade), "and I shall decide"—I</p>
<xptr type="pageFacsimile" doc="185112150038"/>
<p>left it, and went next morning, when he said he would take it at 30
<hi rend="italic">s</hi>. on the usual terms—that is the way we generally deal; the salesman goes round and shows his samples, and the manufacturer gives his orders.</p>
<hi rend="smallCaps">MR. HUDDLESTON</hi>.
<hi rend="italic">Q.</hi> What is the custom of the trade in reference to the dealing in silk?
<hi rend="italic">A.</hi> If the manufacturer buys the silk, of course he must expect the bulk will be according to the sample, he buys on the sample—the trader very seldom goes to the manufacturer—it is not very often the case, it all depends on circumstances—I parted with the silk, because I understood it was to be made into goods in his usual trade.</p>
<hi rend="italic">Cross-examined. Q.</hi> Did you persuade this man to take the goods?
<hi rend="italic">A.</hi> Not particularly, it is the general custom to sell if we can—I was not in the habit of pressing him to take goods, any more than any other customer—it was my business to press him to take them, and I did so certainly.</p>
<hi rend="italic">Q.</hi> Did you not on this occasion press him to take them, and mention an instance of a man named Vanut, who was buying silk of you, and getting a profit by the re-sale?
<hi rend="italic">A.</hi> I never said anything of the sort—I very likely told him that the markets were getting up; I cannot recollect whether I did or not, I may have done so—I dare say about 12,000
<hi rend="italic">l</hi>. has passed into the hands of Allipson and Co. from the defendant.</p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> What are you in the establishment of your master?
<hi rend="italic">A.</hi> I was in their establishment as clerk for ten years—I am at present engaged to sell their silks; the defendant owes Mr. Allipson now about 3,500
<hi rend="italic">l</hi>.—in all the earlier transactions, bills were given as in the later ones, and if the earlier bills had been dishonoured he would not have got the latter credits—I go round to the different manufacturers, they are the class of persons to whom I apply to purchase silk—I call sometimes every day, and sometimes every other day, they know, and the defendant knew, that it was my habit to call—the first transaction I had with him was, I think, in June, 1848—I was always in the habit of getting his orders in that way—I usually called on him, and the arrangement took place there at all times in the usual way of trade—I had transacted business with him before in the same way—what I sell is the raw material, which he cannot do without.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> What was the price of orgazin silk at this period?
<hi rend="italic">A.</hi> I sold him on 27th March 166lbs. 8ozs. weight, at 30
<hi rend="italic">s</hi>. per lb.—this is the price-current, list of the greatest brokers in England, Messrs. Duncan; there it is quoted at 28
<hi rend="italic">s</hi>. to 30
<hi rend="italic">s</hi>. per lb. a few days afterwards; so that I sold at the top of the market, the highest price.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-125" type="witnessName">
<interp inst="t18511215-name-125" type="gender" value="male"/>
<interp inst="t18511215-name-125" type="surname" value="DODSON"/>
<interp inst="t18511215-name-125" type="given" value="ROBERT"/>ROBERT DODSON</persName> </hi>. I am a silk-agent and broker. I am not in any other employment, but act between the seller and the buyer—I am in the "habit of obtaining samples of the dealers, and go round to the manufacturers and obtain their orders—I take the sample with me; if the sample suits I then make a purchase of the merchant—I do not deliver the goods—I con
<lb/>tract for the buying, and receive a percentage—on 7th June I went to the defendant's place of business, and showed him a sample of silk calculated for his trade, that of a manufacturer—I said to him, "This is French
<hi rend="italic">orgazin</hi> "—I knew it was very well adapted to the purpose of being manufactured for a par
<lb/>ticular article, which I knew he was making at that time, called
<hi rend="italic">moire antique</hi>, a very rich article—we had a great deal of conversation about the quality of the silk, as it is absolutely necessary for the manufacture of the article.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Tell us what the whole of your conversation was?
<hi rend="italic">A.</hi> I said, "I have got a sample of French orgazin that will answer your purpose in the manufacture of this article which I see by me," looking at what I saw in the shop—he examined it, as is customary, very minutely, thread by thread, and</p>
<xptr type="pageFacsimile" doc="185112150039"/>
<p>said, certainly, it was a very perfect, good article, and he should have no objection to buy it—the price was 28
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. per lb. in the first instance, but he left me to do the best I could in purchasing it at the lowest price, and I went to Messrs. Fordarti and Co., the merchants, and got it for 28
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>. per lb.—the defendant desired me to purchase it at the best price I could—he said he meant to apply it to the purposes of his manufacture, the rich article, the
<hi rend="italic">moire antique</hi>—the bale, was to be sent in on Monday, the 9th—I told Messrs. Fourdarty the kind of article he was making, and what he wanted it for, and on that I obtained the silk, and the bale was sent in—I saw it in his warehouse on the 10th—that was the last I had to do with it—I had applied for credit before, on account of Boyd, of Fordarti, and had purchased a bale for him of them about twelve months ago, similar to this.</p>
<hi rend="italic">Cross-examined. Q.</hi> Did he refuse to take the silk over and over again?
<hi rend="italic">A.</hi> No; he did object to take it two or three times—he said the price was excessively high—we had a great deal of conversation—I have knows him for thirty years, and always thought very highly of him, and considered he was one of the best manufacturers in Spitalfields for that particular article—he did not several times decline to take the goods, not in this particular instance, not this particular bale; he declined to take it at the price two or three times, but I succeeded in persuading him to take it.</p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> What did you say to him to induce him to take it?
<hi rend="italic">A.</hi> I said, "I am quite certain this article will suit the purpose of your manufacture, and I know you stand high"—he said the article would suit him—he examined it very minutely, and found it a very good fabric and very good thread, and he ultimately said, "I shall leave it with you, Mr. Dodson, to make the purchase.</p>
<hi rend="smallCaps">MR. CLAKKSON</hi> (
<hi rend="italic">with</hi>
<hi rend="smallCaps">MR. REW</hi>)
<hi rend="italic">submitted that upon this evidence there was no such active false pretence as came within the meaning of the Act of Parliament upon which the indictment was founded; that instead of obtaining the goods under a false colour and pretence, the Defendant was actually carrying on his usual business, and was pressed to buy what he had never ordered, asked for, or sought; that under the Factors' Act, if a person disposed of property entrusted to him, but made a statement before a Magistrate of what he had done with it, he was no longer subject to the law; and this the defendant had done by furnishing his account willingly; that the representation made to Messrs, Fordarti by Mr. Dodson was made without the consent of the defendant, and was no false representation on his part, he having only said</hi>, "
<hi rend="italic">Get the goods for me, purchase them as cheap as you can</hi>;"
<hi rend="italic">and that being obtained, it was not unlawful to pawn them</hi>.</p>
<hi rend="smallCaps">MR. BALLANTINE</hi>
<hi rend="italic">contended that this was a question for the Jury; he urged that the false pretence need not originate with the Defendant, and might yet be such an active pretence as came within the Statute; the activity contemplated by the Statute was that of the mind, that a tradesman might obtain goods by false colour and pretence whilst sitting behind his desk, whilst a mere swindler would go to the shops of traders for that purpose; that it would have been the duty of the defendant to state that he was insolvent, and so place himself out of the supposition that he was trading honestly; but as he did not do so, he was acting under a false colour and pretence of carrying on business; and further, that if he obtained the silk, not intending to work it, but to pawn it, the colour and pretence would be false. The</hi>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">considered that there was a case for the Jury, whether the application of Dodson to Messrs, Fordarti was not the application of the defendant himself; but that</hi>
<hi rend="smallCaps">MR. BAL
<hi rend="italic">must elect on which case he would proceed</hi>.
<hi rend="smallCaps">MR. BALLANTINE</hi>
<hi rend="italic">elected the case of Messrs. Fordarti</hi>.</p>
<xptr type="pageFacsimile" doc="185112150040"/>
<hi rend="smallCaps">
<persName id="t18511215-name-126" type="witnessName">
<interp inst="t18511215-name-126" type="gender" value="male"/>
<interp inst="t18511215-name-126" type="surname" value="BEVIS"/>
<interp inst="t18511215-name-126" type="given" value="DANIEL"/>DANIEL BEVIS</persName> </hi>. I carry on business in partnership with Mr. Tatlock, as silk-men and brokers. On 15th April I had a transaction with the defendant on my own account—I went to him, and found him in his warehouse, in Spital-square—I said I had got a sample of foreign thrown tram for sale, and asked him if he was a purchaser—he said, "Yes"—I showed him a sample, and asked him 29
<hi rend="italic">s</hi>. a pound—he consented to take it at that price—there was 981bs. net, 99lbs. gross, which came to 142
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>.—on 17th April I saw him again at his warehouse—exactly the same sort of conversation and dealing took place, and I sold him a parcel of 2391bs. of Italian
<hi rend="italic">orgazin</hi>, at 29
<hi rend="italic">s</hi>., which came to 343
<hi rend="italic">l</hi>., at the usual credit, five months—I had a transaction with him on behalf of Mr. Fellows—I cannot tell you the date; I think it was 16th April; but I sold him the only parcel of silk Mr. Fellows sold him—it was 249lbs. and some odd ounces—I have not cast it out, nor the price—I sold it for a gentleman, and therefore we had not the price—I went to him as a broker, and showed him the sample—I went to him in all cases; he did not come to me—I cannot say what he said when I showed him the sample, but he consented to take the silk at the price I offered it at—when I left his warehouse I went to Mr. Fellows, and informed him I had sold his bales—our porter is here to prove the delivery, if it is required.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-127" type="witnessName">
<interp inst="t18511215-name-127" type="gender" value="male"/>
<interp inst="t18511215-name-127" type="surname" value="FLOWERS"/>
<interp inst="t18511215-name-127" type="given" value="JAMES"/>JAMES FLOWERS</persName> </hi>. I am in the employ of Mr. William Fisher, a silk-broker. I was sent by him, on 5th April, to the defendant's warehouse with some samples to show him—he made an offer for some
<hi rend="italic">orgazin</hi>—the price was 28
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>. a pound—he accepted it—it was 150lbs. 15oz., which amounted to 215
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—it was delivered to him by a person named Sparkes.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-128" type="witnessName">
<interp inst="t18511215-name-128" type="gender" value="male"/>
<interp inst="t18511215-name-128" type="surname" value="ROBINSON"/>
<interp inst="t18511215-name-128" type="given" value="JOSIAH"/>JOSIAH ROBINSON</persName> </hi>. I am in partnership with Mr. Drakenford. I know the defendant; we have sold him goods—I have no doubt that he was in our debt—we have not proved under the bankruptcy—the last sale we made him was Jan. 17th, 1851—I am not aware that he asked us for credit after that; I think he did not—I am not aware that he applied to us after that for goods, nor on that occasion; I should say it was our own offering—we did not offer to sell afterwards—we had not much confidence, we had learned something about him about the time we stopped supplying him with goods—I had a conversation with him after Jan. 17th—I do not think I told him what I had heard—I should say he did not ask for further credit; but if he had, it would have been declined—I did not tell him anything—we made him various advances from the time we heard something, down to his bank
<lb/>ruptcy—I should suppose the total we advanced him was about 2,800
<hi rend="italic">l</hi>.—it was advanced on silks, at various periods—I see no such sum as 215
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. advanced to him on or about 17th April—we paid him 200
<hi rend="italic">l</hi>. on 17th April—we advanced him altogether 500
<hi rend="italic">l</hi>. on 17th April on the general account, and we received on the same day three parcels of silk—it was none of it in a raw state; it was all thrown silk; it was in the state in which the manu
<lb/>facturer buys it—we knew that he manufactured—the weights were 147lbs. 881bs., and 72lbs., gross—they were not worth 500
<hi rend="italic">l</hi>.; but on the general account we advanced 500
<hi rend="italic">l</hi>., as there was a surplus on the general account—we had bought silks of him—I should say that was not for other silks which he had deposited with us—on 24th April we advanced him 200
<hi rend="italic">l</hi>.—he deposited 2 cwts. of silk; and on 16th May I find 200
<hi rend="italic">l</hi>. to his debit—he deposited 211lbs. gross of silk—on 17th May we advanced 160
<hi rend="italic">l</hi>.—there was no silk on that date; but there was a second parcel on 16th May, 170lbs. gross—on 11th June 240
<hi rend="italic">l</hi>. was advanced, and he deposited two parcels of silk the same day, 1541bs. and 1021bs. gross—I have no recollection of Boyd coming to me about 27th May—I recollect purchasing silk of Attenborough—Mr. Boyd came to me about it—he said he had silk for sale, which he should</p>
<xptr type="pageFacsimile" doc="185112150041"/>
<p>have a commission of 1
<hi rend="italic">l</hi>. per cent on if he sold it; I cannot say when it was—he said it belonged to a party who had speculated, or made an investment—I have no recollection whether he said it was a friend of his—he asked me how much it was worth—I cannot say whether he asked me the quantity, I have no data here on which to act—he did not tell me the name of the pawnbroker till after it was bought—I saw samples, and made Boyd an offer for it, which, after some treaty, was accepted—he came to my warehouse after that—Mr. Pauley was there—I could have told you when it was, if you had subpoenaed me to bring my books—it was ibis year—it was before the bank
<lb/>ruptcy—you could have had the exact date if you had asked for it—I have not referred to my books to see—I decline offering any opinion as to whether it was in May, June, or April, because I cannot speak positively; I am unable—the bankruptcy was about the end of June, but I am speaking from memory—it was more than six weeks before the bankruptcy; I should say it was two months before; I will not swear it was three months—my opinion is that if a date could be given by myself, which would be nearly right, it would be some time in March, but I do not say positively—the nearest I can recollect is March—this book (
<hi rend="italic">looking at one brought into Court</hi>) will not tell me; it is my own book—Boyd, Pauley, Attenborough, and myself, were toge
<lb/>ther on the delivery—it was delivered not more than a day or two after it was, decided on, at somewhere between 10 and 11 o'clock in the morning, at our warehouse—I have no data to say how much there was—it was from 2,000
<hi rend="italic">l</hi>. to 2,500
<hi rend="italic">l</hi>. in value—I have not the accounts, to tell you how much we had agreed to pay; Mr. Attenborough has them; with the extensive transactions we have, it is impossible to recollect—this book before me will show, if you can tell me the date.</p>
<hi rend="italic">Q.</hi> Look at 27th May?
<hi rend="italic">A.</hi> This is a diary of every day's transactions; "Tuesday, 27th May. Received of Attenboro 17 bags of silk"—the total gross weight is 2,259lbs.; there is no price—this is nothing but the book which comes in and goes out of the warehouse—I cannot tell you the gross price—after the delivery I said some of the silk was not equal to the sample—I paid Mr. Pauley, as Mr. Attenborough's representative—I think I gave a contract to pay at the time of the purchase—I believe it is Mr. Attenborough, the pawnbroker—I knew Pauley, his man, at the time the transaction took place—now I see it here, I have no doubt it was on 27th May, and not March—the silk I received from the bankrupt has been sold by us since the bankruptcy—no part of it has gone back to the bankrupt, nor any part of that which we purchased of Attenborough.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CLARKSON</hi>.
<hi rend="italic">Q.</hi> What are you, silk-alers?
<hi rend="italic">A.</hi> Yes, silk-men; we make advances on unmanufactured silk—we never have a piece of silk goods in our place—our business is raw silk—we do not make advances to manufacturers on unwrought silk as a general system; we have done it under peculiar circumstances—if we thought it would assist a man, and be a benefit to him, we should do it—we reap no benefit from it; it is a mere deposit of the silk; we sell it on his account, and charge our commission—we account to him for the proceeds.</p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> At the time you commenced making advances he owed you money for silks he had purchased of you?
<hi rend="italic">A.</hi> I will see (
<hi rend="italic">looking at a paper</hi>); I do not think be owed us money then, but he does now—I should say 112
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. would be the last parcel.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Am I to understand you received the silks to sell for the party, and were to account for the proceeds?
<hi rend="italic">A.</hi> Yes; those were the</p>
<xptr type="pageFacsimile" doc="185112150042"/>
<p>terms on which all the silk was deposited, but not what we obtained from Attenborough—that was bought outright; that we had not to account for.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-129" type="witnessName">
<interp inst="t18511215-name-129" type="gender" value="male"/>
<interp inst="t18511215-name-129" type="surname" value="PAULEY"/>
<interp inst="t18511215-name-129" type="given" value="JOHN"/>JOHN PAULEY</persName> </hi>. I am in the employ of Richard Attenborough, a pawnbroker, The defendant has deposited silk with me for a certain time—the interest, by agreement, is fifteen per cent, per annum—in one case it was misrepresented in the paper—the deposit is made for four months, and if it is redeemed within a month it would be charged a month's interest—Boyd gave me orders to sell the goods deposited with me to Mr. Robinson, on 27th May—I was not to pay any commission to Boyd; he acted as his own agent—he gave me no directions as to keeping back the name of the person who was selling them, I never was asked the name—they were sold on 27th May, for 2,168
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>.—we had advanced on them 1,718
<hi rend="italic">l</hi>.—every particle was handed over to Mr. Boyd on 13th May, except the interest, which was 90
<hi rend="italic">l</hi>.—as soon as he gave me orders to sell, Mr. Attenborough advanced the money, and Messrs. Drakenford had seen the samples of silk, and knew what the bargain was—I had advanced 120
<hi rend="italic">l</hi>. on 17th May, on 160lbs. of silk—he got the balance some time before we got the money—I knew the money was safe—it was paid me by check as soon as the silk was delivered.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CLARKSON</hi>.
<hi rend="italic">Q.</hi> If the silk had been sold by you, there would have been a commission of one per cent, payable to the broker?
<hi rend="italic">A.</hi> Yes; the effect of that sale was to save the one per cent.—we had nothing but our interest—we should have charged commission, one and a half, or one, I cannot say.</p>
<hi rend="smallCaps">MR. CLARKSON</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">MR. MAYNARD</hi>.
<hi rend="italic">Q.</hi> I believe, before the bills were found, they had been preferred before another Grand Jury, and ignored.</p>
<hi rend="italic">A.</hi> They had been absolutely presented to the Grand Jury, and ignored.</p>
<hi rend="smallCaps">
<rs id="t18511215-102-verdict-1" type="verdictDescription">
<interp inst="t18511215-102-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18511215-102-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 49.—
<hi rend="italic">
<rs id="t18511215-102-punishment-21" type="punishmentDescription">
<interp inst="t18511215-102-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18511215-102-punishment-21" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-102-18511215 t18511215-102-punishment-21"/>Confined One Year</rs> </hi>.</p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday, December</hi> 17
<hi rend="italic">th,</hi> 1851.</p>
<hi rend="largeCaps">PRESENT</hi>—Mr. Ald.
<hi rend="smallCaps">HUMPHREY</hi>; Sir
<hi rend="smallCaps">JAMES DUKE</hi>, Bart., Ald.; Mr.
<hi rend="smallCaps">RECORDER</hi>; and Mr. Ald.
<hi rend="smallCaps">SIDNEY</hi>.</p>
<hi rend="italic">Before Mr. Recorder and the Fifth Jury.</hi> </p>
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<join result="criminalCharge" id="t18511215-103-charge-2" targOrder="Y" targets="def2-103-18511215 t18511215-103-offence-1 t18511215-103-verdict-2"/>
<join result="criminalCharge" id="t18511215-103-charge-3" targOrder="Y" targets="def3-103-18511215 t18511215-103-offence-1 t18511215-103-verdict-3"/>
<join result="criminalCharge" id="t18511215-103-charge-4" targOrder="Y" targets="def1-103-18511215 t18511215-103-offence-2 t18511215-103-verdict-1"/>
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<join result="criminalCharge" id="t18511215-103-charge-6" targOrder="Y" targets="def3-103-18511215 t18511215-103-offence-2 t18511215-103-verdict-3"/>
<hi rend="largeCaps">
<persName id="def1-103-18511215" type="defendantName">
<interp inst="def1-103-18511215" type="gender" value="male"/>
<interp inst="def1-103-18511215" type="age" value="17"/>
<interp inst="def1-103-18511215" type="surname" value="GOODFELLOW"/>
<interp inst="def1-103-18511215" type="given" value="JOHN"/>JOHN GOODFELLOW</persName>,
<persName id="def2-103-18511215" type="defendantName">
<interp inst="def2-103-18511215" type="gender" value="male"/>
<interp inst="def2-103-18511215" type="age" value="15"/>
<interp inst="def2-103-18511215" type="surname" value="CUMMINS"/>
<interp inst="def2-103-18511215" type="given" value="PETER"/> PETER CUMMINS</persName> </hi>, and
<persName id="def3-103-18511215" type="defendantName">
<interp inst="def3-103-18511215" type="gender" value="male"/>
<interp inst="def3-103-18511215" type="age" value="15"/>
<interp inst="def3-103-18511215" type="surname" value="DENT"/>
<interp inst="def3-103-18511215" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES DENT</hi> </persName>
<rs id="t18511215-103-offence-1" type="offenceDescription">
<interp inst="t18511215-103-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18511215-103-offence-1" type="offenceSubcategory" value="housebreaking"/>, breaking and entering the dwelling-house of
<persName id="t18511215-name-133" type="victimName">
<interp inst="t18511215-name-133" type="gender" value="male"/>
<interp inst="t18511215-name-133" type="surname" value="SABINE"/>
<interp inst="t18511215-name-133" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18511215-103-offence-1 t18511215-name-133"/>John Sabine</persName>, and stealing 7 candlesticks, and other goods, value 3
<hi rend="italic">l</hi>.;</rs>
<hi rend="italic">also</hi>,
<rs id="t18511215-103-offence-2" type="offenceDescription">
<interp inst="t18511215-103-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18511215-103-offence-2" type="offenceSubcategory" value="simpleLarceny"/>17 feet of leaden pipe, and 1 tap, 3
<hi rend="italic">s</hi>.; the goods of John Sabine. </rs>
<hi rend="largeCaps">GOODFELLOW</hi> pleaded</p>
<hi rend="smallCaps">
<rs id="t18511215-103-verdict-1" type="verdictDescription">
<interp inst="t18511215-103-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18511215-103-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi>.* Aged 17.—
<hi rend="italic">
<rs id="t18511215-103-punishment-22" type="punishmentDescription">
<interp inst="t18511215-103-punishment-22" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-103-18511215 t18511215-103-punishment-22"/>Transported for Seven Years</rs> </hi>.</p>
<hi rend="largeCaps">CUMMINS</hi> pleaded
<rs id="t18511215-103-verdict-2" type="verdictDescription">
<interp inst="t18511215-103-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18511215-103-verdict-2" type="verdictSubcategory" value="pleadedGuilty"/>
<hi rend="smallCaps">GUILTY</hi> </rs>. Aged 15.
<rs id="t18511215-103-punishment-23" type="punishmentDescription">
<interp inst="t18511215-103-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t18511215-103-punishment-23" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-103-18511215 t18511215-103-punishment-23"/>
<hi rend="italic">Confined Six Months and</hi> </rs>
<hi rend="largeCaps">DENT</hi> pleaded
<hi rend="smallCaps">
<rs id="t18511215-103-verdict-3" type="verdictDescription">
<interp inst="t18511215-103-verdict-3" type="verdictCategory" value="guilty"/>
<interp inst="t18511215-103-verdict-3" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 15.
<hi rend="italic">
<rs id="t18511215-103-punishment-24" type="punishmentDescription">
<interp inst="t18511215-103-punishment-24" type="punishmentCategory" value="corporal"/>
<interp inst="t18511215-103-punishment-24" type="punishmentSubcategory" value="whipping"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-103-18511215 t18511215-103-punishment-24"/>Whipped</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18511215-104">
<interp inst="t18511215-104" type="uri" value="sessionsPapers/18511215"/>
<interp inst="t18511215-104" type="date" value="18511215"/>
<join result="criminalCharge" id="t18511215-104-charge-1" targOrder="Y" targets="def1-104-18511215 t18511215-104-offence-1 t18511215-104-verdict-1"/>
<persName id="def1-104-18511215" type="defendantName">
<interp inst="def1-104-18511215" type="gender" value="male"/>
<interp inst="def1-104-18511215" type="surname" value="WOOD"/>
<interp inst="def1-104-18511215" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN WOOD</hi> </persName>
<rs id="t18511215-104-offence-1" type="offenceDescription">
<interp inst="t18511215-104-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18511215-104-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, stealing 1 guitar, and other goods, value 15
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>.; the goods of
<persName id="t18511215-name-135" type="victimName">
<interp inst="t18511215-name-135" type="gender" value="male"/>
<interp inst="t18511215-name-135" type="surname" value="SEVENOAKS"/>
<interp inst="t18511215-name-135" type="given" value="LEWIS"/>
<join result="offenceVictim" targOrder="Y" targets="t18511215-104-offence-1 t18511215-name-135"/>Lewis Sevenoaks</persName>, in his dwelling-house: to which he pleaded</rs> </p>
<hi rend="smallCaps">
<rs id="t18511215-104-verdict-1" type="verdictDescription">
<interp inst="t18511215-104-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18511215-104-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18511215-104-punishment-25" type="punishmentDescription">
<interp inst="t18511215-104-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t18511215-104-punishment-25" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-104-18511215 t18511215-104-punishment-25"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18511215-105">
<interp inst="t18511215-105" type="uri" value="sessionsPapers/18511215"/>
<interp inst="t18511215-105" type="date" value="18511215"/>
<join result="criminalCharge" id="t18511215-105-charge-1" targOrder="Y" targets="def1-105-18511215 t18511215-105-offence-1 t18511215-105-verdict-1"/>
<persName id="def1-105-18511215" type="defendantName">
<interp inst="def1-105-18511215" type="gender" value="male"/>
<interp inst="def1-105-18511215" type="age" value="45"/>
<interp inst="def1-105-18511215" type="surname" value="ION"/>
<interp inst="def1-105-18511215" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM ION</hi> </persName>
<rs id="t18511215-105-offence-1" type="offenceDescription">
<interp inst="t18511215-105-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18511215-105-offence-1" type="offenceSubcategory" value="forgery"/>, forging a receipt for 2
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>., with intent to defraud. 2nd
<hi rend="smallCaps">COUNT</hi>—uttering the same.</rs> </p>
<hi rend="smallCaps">MR. COCKLE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18511215-name-137" type="witnessName">
<interp inst="t18511215-name-137" type="gender" value="male"/>
<interp inst="t18511215-name-137" type="surname" value="DWYER"/>
<interp inst="t18511215-name-137" type="given" value="JAMES"/>JAMES DWYER</persName> </hi>. I carry on business as a money-lender, at No. 3, St. Martin's-lane; my office is called the "Railway Loan Company's
<hi rend="italic">Office</hi>. "In Oct. last, I saw the prisoner on the subject of a loan, to a person of the name of James Gillard—that was at the prisoner's house, No. 17, Winchester-place, Pentonville—my clerk (Mr. Ryan) went with me—this promissory-note</p>
<xptr type="pageFacsimile" doc="185112150043"/>
<hi rend="italic">looking at it</hi>) has the prisoner's signature to it; I taw him write it—this note was given to roe on account of this loan—immediately he signed this note I advanced him 5
<hi rend="italic">l</hi>. less 5
<hi rend="italic">s</hi>.—these (
<hi rend="italic">produced</hi>)are circulars of my office—the 5
<hi rend="italic">s</hi>. was the interest of the 5
<hi rend="italic">l</hi>. for twelve months—it is written here the time he required it for, for twelve months—the prisoner saw this printed paper at his own house—I took it out, and stated what it was—the money was to be repaid at 2
<hi rend="italic">s</hi>. a week, and, in the event of an instalment not being paid, there was a fine of a halfpenny on each of the 2
<hi rend="italic">s</hi>.—we only charge for the one week—if he was in default one week, the fine was a penny—if he continued to pay during the other eleven months, we did not charge him any more—when at the prisoner's house, we had no conversation about his means, but we asked if it was his house, if he was landlord of the house he was then residing in—he said he was, and bad been upwards of two years—I asked him to pro
<lb/>duce his receipts—I did not say what for—I did not say for the house—he sent his wife up-stairs for the receipts—she returned, and brought down a wire file—he took a portion off indiscriminately, and she took some—he handed me one of the portion taken off; there were several taken off at the time—he took one of the papers that he took off the file, and handed it to me—he said, "These are my tax receipts; now here are my rent receipts"—he handed me several to look at—I took them in my band, and particularly looked at them—these are them (
<hi rend="italic">produced</hi>)—this one I know particularly; it is a poor-rate receipt, of Oct. 25th, 1851, for 2
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>.—I noticed this one, because the figures had been altered—these others I also saw—they are poor-rate receipts; one is of Sept. 15,1850, for 2
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>.—this other is Aug. 12th.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Had you this poor-rate receipt for 2
<hi rend="italic">l</hi>. it. in your hand at all?
<hi rend="italic">A.</hi> I had; particularly that one—I asked to see his last quarter's receipt, and he handed it to me.</p>
<hi rend="smallCaps">MR. COCKLE</hi>.
<hi rend="italic">Q.</hi> Look at the rent receipts?
<hi rend="italic">A.</hi> This last one is the one parti
<lb/>cularly that I saw—it is dated Oct. 30, 1851, for 9
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., for one quarter, due at Michaelmas last—this is the one that I speak to particularly; we always ask for the last receipt—the others I merely scanned, seeing the last was correct.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COOPER</hi>.
<hi rend="italic">Q.</hi> What were you before you started this Loan Company?
<hi rend="italic">A.</hi> I kept a bootmaker's shop, first of all—I was a master man—I got money to commence this loan business from the death of my mother, 4,000
<hi rend="italic">l</hi>.; I cannot tell you what my mother was—she was a widow—my father and mother kept a chandler's shop for several years, at Woolwich—they used to cash the bills given to the Dockyard-men, who used not to be paid weekly, as they are now—I did not start a betting com
<lb/>pany at the time I started the Loan Company—I began the Loan-office after the Betting-office—I recollect the last Chester cup; by that and the Derby I lost 8,000
<hi rend="italic">l</hi>.; but previously by the Port Stakes, at Newmarket, I lost 6,000
<hi rend="italic">l</hi>. which I paid—I did not take a farthing deposit on the Port Stakes; they were all honourable stakes, and I paid, like a gentleman, the whole—I lost 8,000
<hi rend="italic">l</hi>. on the Chester and Derby, out of which I paid 2,000
<hi rend="italic">l</hi>.—I had received in deposits on that occasion about 900
<hi rend="italic">l</hi>.—I did not take the benefit of the Insolvent Court; I never went through any Court—I think I could get 20,000
<hi rend="italic">l</hi>. on my name now; I think there are twenty gentlemen who would do it—I can tell you, but I will not—I will not bring any gentleman's name into question here—Gillard first came to me on the 27th, I think, but I did not see him—when a person comes to borrow money, he has to pay 2
<hi rend="italic">s</hi>. that his character may be inquired into—on that occasion, we inquired into Gillard's character—when the sureties are named, they have not to pay any
<lb/>thing that their character may be inquired into—they are all included in the</p>
<xptr type="pageFacsimile" doc="185112150044"/>
<hi rend="italic">s</hi>.—this promissory-note is on demand—5
<hi rend="italic">s</hi>. is paid down as interest, and 2
<hi rend="italic">s</hi>. a week as part of the principal; and if the 2
<hi rend="italic">s</hi>. is not paid, a fine of a halfpenny is paid—we have never entered up judgment if the payment is not paid for two or three weeks—the money is vested in my right to lend out—it is my own money—I mean to swear it is my own—it is not in Exchequer bills, or the Three per Cents.—it is handed to me—I have got it all ready—I hand it out as it is required—I have it from the Commercial Bank in Henrietta-street, Covent-garden—I put it in the Bank.</p>
<hi rend="italic">Q.</hi> Then, after all, you mean to swear that the money is your own, though you owe thousands of pounds which you have not paid?
<hi rend="italic">A.</hi> I have paid it, I was excited to lay the money on that horse, but legitimately it was not one quarter of the money I laid on that horse—I have about 800
<hi rend="italic">l</hi>. in the Commercial Bank to go on with this Company—I swear that there is 800
<hi rend="italic">l</hi>. lying in Henrietta-street, as the bank of this Company—no one has any claim on it, they cannot claim it—if I were to give a check on that bank for 800
<hi rend="italic">l</hi>. it would be paid—they have paid thousands for me—I can give you a proof of it (
<hi rend="italic">taking from his pocket a number of papers which appeared like checks</hi>)—I do not know exactly the time the paper was put in, but I know we went to the prisoner's house on the 28th, in the afternoon, and we granted the money the same night after 6 o'clock—we called at the prisoner's house, and stated to him that we had called—we gave him no notice of our calling—I do not know how many papers were on the file—it was about the length of your pen—this paper was handed to me because we asked for the last quarter's receipt—I think I gave the prisoner in charge on 9th Nov.—his house was searched the same night—on seeing these receipts on the 28th, I gave them back to the prisoner—I will not say whether they were re-filed in my presence—my clerk was in the room all the time I was there—he saw all that passed—the man to whom I lent the money represented himself as a tailor, which he was not—he gave me 2
<hi rend="italic">s</hi>. to inquire his character, which I did not—we seldom inquire about the person who borrows, it is the security we inquire after.</p>
<hi rend="smallCaps">MR. COCKLE</hi>.
<hi rend="italic">Q.</hi> You say by this Chester and Derby you lost 8,000
<hi rend="italic">l</hi>.?
<hi rend="italic">A.</hi> Yes: about 900
<hi rend="italic">l</hi>. was deposited, which I returned with 1,100
<hi rend="italic">l</hi>.—I paid nearly 2,000
<hi rend="italic">l</hi>.—I called my creditors together—they were my creditors—other money was owing to me from other persons, very nearly 5,000
<hi rend="italic">l</hi>.—not a farthing of it has been paid—the Port Stakes were three or four weeks previous to the Chester, in this year—I have kept that account with the Commercial Bank in Henrietta-street nearly three years—I went from the prisoner's house to Gil lard's—it is in the same neighbourhood—I communicated to him the result of our interview with the prisoner—Gillard represented himself to be a tailor in the house, and that he was living there, which was a falsehood—he never lived there—he was let in for a sinister purpose.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-138" type="witnessName">
<interp inst="t18511215-name-138" type="gender" value="male"/>
<interp inst="t18511215-name-138" type="surname" value="RYAN"/>
<interp inst="t18511215-name-138" type="given" value="MICHAEL"/>MICHAEL RYAN</persName> </hi>. I am clerk to Mr. Dwyer. On 28th Oct. I accompanied him to the prisoner's house—Mr. Dwyer asked the prisoner if he was the keeper of that house, or the landlord; I do not know exactly the name he gave him—he said he was—he asked him if he could show him his receipts—he said, "Yes" and either he or his wife brought down a file with several papers, purporting to be receipts for taxes and rent—they were produced on the table—the prosecutor looked at them, and was satisfied that they were genuine receipts—we went away satisfied that they were all right.</p>
<hi rend="italic">Cross-examined. Q.</hi> How long have you been with this Loan Company?
<hi rend="italic">A.</hi> About three weeks; when we want money I generally get it from the Commercial Bank, in Henrietta-street—Mr. Dwyer gives me the checks—I</p>
<xptr type="pageFacsimile" doc="185112150045"/>
<p>do not know who pays money in there—I do not recollect ever-carrying any money—I have never seen any gentleman come to pay any money to Mr. Dwyer—there have been several gentlemen talking to him—I do not know what they talk about—they talk privately by themselves—sometimes I go away—I do not know their names—I do not recollect whether any of them have left their names if Mr. Dwyer has been out—some may have left their name, but I did not take notice of it—the largest sum I have taken out of that bank for Mr. Dwyer was 100
<hi rend="italic">l</hi>.—Mr. Dwyer gave me the check—the checks were signed by him—his name was on them—the checks I have taken were similar to these (
<hi rend="italic">looking at them</hi>).</p>
<hi rend="smallCaps">
<persName id="t18511215-name-139" type="witnessName">
<interp inst="t18511215-name-139" type="gender" value="male"/>
<interp inst="t18511215-name-139" type="surname" value="EVANS"/>
<interp inst="t18511215-name-139" type="given" value="THOMAS"/>THOMAS EVANS</persName> </hi> (
<hi rend="italic">policeman, G</hi> 145). On 9th Nov. I went with inspector Brannan to 17, Winchester-place, Pentonville—I searched the house—I found these papers in the first-floor front-room—Mrs. Ion went up-stairs, I followed her, and she threw them down behind her in the comer of the room—I picked them up—she had got a tin canister in her hand—I could not say where she took that from—she ran from the passage, where we had a scuffle with her, into that room—she would not allow us to pass—the prisoner was at home at the time, in the lower room.</p>
<hi rend="italic">Cross-examined. Q.</hi> Were these papers on a filet
<hi rend="italic">A.</hi> No; they were rolled up in a roll of papers—some more papers were rolled up with these—I did not count them—they were those that are here, and three more, which I gave to the solicitor—I got a great many more down-stairs, in the front-room, I should say forty or fifty.</p>
<hi rend="smallCaps">
<persName id="t18511215-name-140" type="witnessName">
<interp inst="t18511215-name-140" type="gender" value="male"/>
<interp inst="t18511215-name-140" type="surname" value="WRIGHT"/>
<interp inst="t18511215-name-140" type="given" value="HENRY"/>HENRY WRIGHT</persName> </hi>. I am one of the collectors of the poor-rates for Clerken
<lb/>well; I am collector for that part in which the house, 17, Winchester-place, is situated; I have been so about a year and a half. This is my signature to this receipt for 2
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>.—this amount has been altered most decidedly from 1
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. to 2
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>.—my demand was for 1
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>., and that was the money that was paid.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Was that the amount expressed on the face of it when you received the money?
<hi rend="italic">A.</hi> It was not received by me; I signed the receipt in blank, and left it at home in possession of my wife—the money was received while I was absent.</p>
<hi rend="italic">Cross-examined. Q.</hi> You say 1
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. was due to you, but how much was received from him you do not know?
<hi rend="italic">A.</hi> Not of my own knowledge; I can see a "1
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>." peeping out under the "2
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>.—I was not present to see it paid—this "Mr. Ion, No. 17, Winchester-place," which is on it, was written by a little girl—I only signed the receipt in blank.</p>
<hi rend="smallCaps">MR. COCKLE</hi>.
<hi rend="italic">Q.</hi> Look at the receipt for 2
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>.; is the signature, "Henry Wright," to that, your handwriting?
<hi rend="italic">A.</hi> Most decidedly not; I never authorized any one to write my name; it would be contrary to the rules and regulations of the Board of Guardians to do so—the date of this receipt is 15th Sept., 1850—this other rate receipt is not my signature—it is dated Aug. 12th, 1849, which was actually before I was appointed a collector—it is for 2
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—I was not collector for nearly twelve months after
<lb/>wards—I was elected 11th June, 1850—I was collector at the time of this receipt, dated 15th Sept., 1850—there was certainly no other collector of the name of Henry Wright in Clerkenwell—I never heard that there was one in Aug., 1849—there are three other collectors, who have been in office from eighteen to twenty years each—the house, 17, Winchester-place, had been previously empty from two to three months—I found it occupied, and it became unoccupied in 1851—I found it occupied some time early in Sept.—I did not see the prisoner there then—I saw a female, who opened the door, and I asked the name of the keeper of the house.</p>
<xptr type="pageFacsimile" doc="185112150046"/>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Before it was empty, who resided in it?
<hi rend="italic">A.</hi> Mr. Joseph Battersbee—he had lived there some time—he paid me two previous rates up to Midsummer.</p>
<hi rend