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<p>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<p>
<hi rend="largeCaps">HUNTER, MAYOR. EIGHTH SESSION</hi>.</p>
<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>
<p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>
<hi rend="italic">Monday, June</hi> 14
<hi rend="italic">th</hi>, 1852.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>—The Right Hon. the
<hi rend="smallCaps">LORD MAYOR</hi>; Sir
<hi rend="smallCaps">GEORGE CARROLL</hi>, Knt., Ald.; Mr.
<hi rend="smallCaps">RECORDER</hi>; Mr. Ald.
<hi rend="smallCaps">CHALLIS</hi>; Sir
<hi rend="smallCaps">ROBERT WALTER CARDEN</hi>, Knt., Ald.; Mr. Ald.
<hi rend="smallCaps">WIRE</hi>; and Mr. Ald.
<hi rend="smallCaps">CARTER</hi>.</p>
<p>
<hi rend="italic">Before Mr. Recorder and the First Jury.</hi> </p>
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<p>583.
<persName id="def1-583-18520614" type="defendantName">
<interp inst="def1-583-18520614" type="gender" value="male"/>
<interp inst="def1-583-18520614" type="surname" value="STOWELL"/>
<interp inst="def1-583-18520614" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS STOWELL</hi> </persName> was indicted
<rs id="t18520614-583-offence-1" type="offenceDescription">
<interp inst="t18520614-583-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18520614-583-offence-1" type="offenceSubcategory" value="perjury"/> for wilful and corrupt perjury (
<hi rend="italic">See</hi> vol. xxxv. p. 648.)</rs> </p>
<p>
<hi rend="smallCaps">MR. PARRY</hi>
<hi rend="italic">for the Prosecution offered no evidence.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18520614-583-verdict-1" type="verdictDescription">
<interp inst="t18520614-583-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18520614-583-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
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<p>584.
<persName id="def1-584-18520614" type="defendantName">
<interp inst="def1-584-18520614" type="gender" value="male"/>
<interp inst="def1-584-18520614" type="surname" value="BURNS"/>
<interp inst="def1-584-18520614" type="given" value="JABEZ"/>
<hi rend="largeCaps">JABEZ BURNS</hi> </persName> was indicted
<rs id="t18520614-584-offence-1" type="offenceDescription">
<interp inst="t18520614-584-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18520614-584-offence-1" type="offenceSubcategory" value="perjury"/> for wilful and corrupt perjury.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. PARRY</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">METCALFE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-3" type="witnessName">
<interp inst="t18520614-name-3" type="gender" value="male"/>
<interp inst="t18520614-name-3" type="surname" value="LORDING"/>
<interp inst="t18520614-name-3" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY LORDING</persName> </hi>. I am a clerk in the Record and Writ Clerks' Office. I produce a bill filed in the suit of Way and Burns, and the answer of Mr. Jabez Burns in that suit—the oath was administered to the defendant before Mr. Frederick Bedwell, one of the clerks of Record, and I believe by me—(
<hi rend="italic">The defendant here stated that the oath was administered to him.) The bill and answer was put in; the ninth interrogatory and answer were read in full; the answer was to the effect that, as far as he</hi> (
<hi rend="italic">the defendant</hi>)
<hi rend="italic">had reason to know, or believe, a certain deed executed by one Thomas Gwenap</hi> (
<hi rend="italic">and here
<lb/>after referred to</hi>),
<hi rend="italic">was intended to take effect, and be acted upon immediately from the making thereof, although there was no intention on his</hi> (
<hi rend="italic">the defendant's</hi>)
<hi rend="italic">part to enforce it, the testator having been a great benefactor to the chapel during his life; but that there was no arrangement, or understanding, that the deed should not be acted upon until the testator's death.</hi>)</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-4" type="witnessName">
<interp inst="t18520614-name-4" type="gender" value="male"/>
<interp inst="t18520614-name-4" type="surname" value="WYATT"/>
<interp inst="t18520614-name-4" type="given" value="JAMES"/>JAMES WYATT</persName> </hi>. I find my name to this deed (
<hi rend="italic">looking at it</hi>)—I attested the signatures of John Eales, John King, Mr. Gwenap, and another—(
<hi rend="italic">this deed was dated 26th Jan.</hi> 1839,
<hi rend="italic">and bequeathed sums amounting to </hi>95
<hi rend="italic">l., on trust, for the benefit of Enon Chapel; </hi>40
<hi rend="italic">l. of which was to be paid to the minister, in the event of his ordinary income not amounting to </hi>150
<hi rend="italic">l. per annum.</hi> </p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> You know nothing except the mere execution of the deed?
<hi rend="italic">A.</hi> I witnessed it, and some conversation took place—Mr. King, the attorney, was one of the parties to the conversation;</p>
<xptr type="pageFacsimile" doc="185206140002"/>
<p>he is dead—all I know of Mr. Gwenap's state of health is, that he was able to come to Mr. King's to execute the deed—there was another gentleman present—I heard Mr. King explain to Mr. Gwenap that if he died within twelve months, the deed would be invalid, or words to that effect; and as the deed was drawn out, the sooner it was executed the better; and that it would not come into force until after his death, that nothing would be derivable from it till after his death; it was after that explanation that Mr. Gwenap executed the deed—Mr. King was acting as the attorney for Mr. Gwenap, I believe he was Mr. King's client in that instance; but I had not been long with Mr. King; I merely had to do with collecting the rents—I do not know who gave instructions for the execution of the deed—I do not know who the prosecutor is in this case—Mr. Bishop subpoenaed me.</p>
<p>
<hi rend="smallCaps">MR. PARRY</hi>
<hi rend="italic">Q.</hi> Is Mr. King an attorney?
<hi rend="italic">A.</hi> A conveyancer; I do not know whether he had acted for Mr. Burns before—there was another gentleman with Mr. Gwenap; I do not know who he was; it is thirteen years ago, and he was an entire stranger to me—I knew Mr. Gwenap, on account of living next door to him.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> I understand you Mr. Burns was not present at the execution of the deed by Gwenap?
<hi rend="italic">A.</hi> I do not know who was present; there was a gentleman there, but I do not think he was quite so tall—I have no reason to believe Dr. Burns was there—Miss King came into the room to witness the deed, but left immediately afterwards—she is the sister of Mr. King; I believe she is alive—Mr. Eales is dead; he was a person of independent property, living in the neighbourhood.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-5" type="witnessName">
<interp inst="t18520614-name-5" type="gender" value="male"/>
<interp inst="t18520614-name-5" type="surname" value="BERRY"/>
<interp inst="t18520614-name-5" type="given" value="JAMES"/>JAMES BERRY</persName> </hi>. I am an attorney, and am attesting witness to this deed of 18th Aug. (
<hi rend="italic">this was a deed appointing George East a trustee, instead of Jesse Meakins, deceased</hi>)—I saw Mr. Burns and Mr. Gwenap execute it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-6" type="witnessName">
<interp inst="t18520614-name-6" type="gender" value="male"/>
<interp inst="t18520614-name-6" type="surname" value="EAST"/>
<interp inst="t18520614-name-6" type="given" value="GEORGE"/>GEORGE EAST</persName> </hi>. I am a clerk in the establishment of Mr. Mitchell, a bookseller, of Old Bond-street. I am a deacon of Enon Chapel, and was so in 1840 and 1841—I am the person mentioned as the trustee in the second deed—I was appointed trustee in 1843, in the place of Jesse Meakins, who died—the defendant was my co-trustee—on 29th Dec, 1847, I went to Mr. Gwenap's house, and met Dr. Burns there—I did not go with him—this document (
<hi rend="italic">produced</hi>) bears my signature to it, and this is Dr. Burns's sig
<lb/>nature, I believe—I do not know whose writing the body of it is—(
<hi rend="italic">this being read was a declaration, dated</hi> 29
<hi rend="italic">th Dec.,</hi> 1847,
<hi rend="italic">by Jabez Burns and George East, as trustees of the deed; that they were fully aware that Mr. Gwenap had executed the same to meet legal difficulties, but designing that the annuities should not be paid till after his death, as during his life he contributed largely to the charities of the chapel</hi>)—I find Mr. Gwenap's writing on the back of it—I do not remember who gave it to me to sign, or the particular circumstances which transpired on that occasion; in fact, I had really forgotten the existence of the document.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> How long have you been a member of the congrega
<lb/>tion? and how long have you known Dr. Burns?
<hi rend="italic">A.</hi> About thirteen years; I have been a deacon about eleven years; we are General Baptists—Dr. Burns has never derived a single farthing from this deed—he has borne the highest character; I never knew anything the reverse of it—I was a witness on this charge before Mr. Jardine, at Bow-street; Robert Bishop was the prosecutor; he appeared as a witness, and was examined on oath—I was examined, and so was Miss Gwenap, and Mrs. Bishop—immediately after Mr. Bishop was examined, Mr. Jardine dismissed the case, without calling on the defendant for any answer—I have received no notice of being concerned in the</p>
<xptr type="pageFacsimile" doc="185206140003"/>
<p>Chancery suit—I have not been called on to make any affidavit—when this affidavit was made by Dr. Burns, I did not recollect the existence of this docu
<lb/>ment; I did not remember having signed it, till two days before the case came on before Mr. Jardine, when I was reminded of it by Dr. Burns—I do not remember who brought me that document to sign; I do not believe it to have been Bishop—the first I saw of it was, I think, at the meeting at which it was signed; Bishop was present when I signed it—I do not know his writing; I did not see him do anything to it; I do not know in whose writing the date is—I believe it was signed in consequence of a representation made by Mr. Bishop to Mr. Gwenap, that there was some probability of the society's being called upon for the arrears of the annuity—I was present and heard that at the meeting, in the presence of Bishop, but I cannot say I heard Bishop say so—I heard Bishop examined at the Police-court before Mr. Jardine—I do not remember the purport of his examination—I saw him here to-day, coming into Court—I have not seen him behind Mr. Parry during this case—he came to me and subpoenaed me himself—I had no conversation of any con
<lb/>sequence with him then, but I met him in the Strand, and he then did enter into the matter—I went to his house, but he was not at home; Miss Gwenap was there, and Mrs. Bishop; they produced a paper to me—I knew the deceased (Mr. Gwenap) very well; he was ailing very seriously, but was a man of strong intellect; he was a great benefactor to the church and to the charities connected with the chapel—I should say, on the average, that he paid more during his lifetime to the charities of the chapel, than the amount that would have been received on the annuity; I have the means of knowing that of my own knowledge—I knew him very slightly, if at all, previous to the execution of the original deed; he was not a constant attendant at Enon Chapel, being in very ill health; but he was very much interested in its pro
<lb/>ceedings, and was constantly seeing Dr. Burns.</p>
<p>
<hi rend="smallCaps">MR. PARRY</hi>.
<hi rend="italic">Q.</hi> The charge was first made against Dr. Burns in April, this year, was it not?
<hi rend="italic">A.</hi> I believe it was—I do not know of his writing any letters to Miss Gwenap, who was a witness against him—he did not consult me about them—I believe Mr. Bishop is the husband of Miss Gwenap's sister—they are daughters of Mr. Gwenap, and were interested in the disposition of his property—it was about 1843 that I first heard of the deed of 1839; it was read over to me at the period of my becoming trustee—I was not trustee till 1843—I am not aware of any secret understanding between Mr. Gwenap, myself, and Mr. Bishop, that the annuity on that deed should not be paid untill after Gwenap's death—I never heard of the existence of any understanding of that kind whatever—I have no doubt I read the document over before I signed it—I know the terms of it; I have read them lately—I believe it was Mr. Gwenap's design that that should not come into effect till after his death, but I think there is a difference between that, and a positive understanding—Mr. Gwenap was almost hourly expecting his death, and he had a belief that it would come into effect in a few months—I know, of my own knowledge, that he was almost hourly expecting his death when the deed was originally executed; I have heard him state as much.</p>
<p>
<hi rend="italic">Q.</hi> The language I will call your attention to is this, "We are fully aware Mr. Thomas Gwenap bequeathed the said annuities by bond or gift in 1839, to meet a legal difficulty arising from the law of mortmain, but designing that the said annuities should not be paid till after his death;" now when you say you were fully aware of it, were you fully aware of it?
<hi rend="italic">A.</hi> We were made fully aware of it before signing that document—I cannot say whether that was by Mr. Burns.</p>
<xptr type="pageFacsimile" doc="185206140006"/>
<p>
<hi rend="italic">Q.</hi> "And in proof of our purpose and intention, and for the satisfaction of Mr. Gwenap and his heirs, we do attach our names to this document, which we wish to be our entire discharge on all claims," &c.; at the time you signed that deed, did you know that the document was executed for the benefit of the heirs of Mr. Gwenap?
<hi rend="italic">A.</hi> I presumed it to be so—I first came into personal communication with Mr. Gwenap about 1841 or 1842—I believed he was nearly dying when the deed of 1839 was executed—he was nearly dying in his own estimation in 1837, although he lived eight years afterwards—he lived in constant apprehension of death—I have no recollection of any special conversation with Dr. Burns after 1847—I will not state positively I never had any—the deed of 1847 was given to the officers of the church of whom Mr. Burns was the pastor—Mr. Burns did not consult me specially before he made his answer in Chancery—I was aware that in March, 1850, a bill was filed in the Court of Chancery, to set aside this deed—I had then forgotten my signing this document—I bad not forgotten that I was a trustee under the deed—I have no recollection of any conversation with Dr. Burns about it until March, 1850—I had not bad any conversation with him after this bill was filed about setting aside the deed of annuity on the ground that there was a secret understanding—I reside at a distance from him, and had no communication with him—I was present at a meeting of the officers of the chapel on the subject—Dr. Burns was present—that was not very long prior to Mr. Gwenap's decease—I do not know when the bill was filed—the meeting was about a check—a check of this kind (
<hi rend="italic">produced; for</hi> 1,045
<hi rend="italic">l</hi>.,
<hi rend="italic">dated June</hi> 14
<hi rend="italic">th</hi>, 1850) was produced—I was at that time one of the officers—I have no recollection of the annuity deed being alluded to—I have no recollection of what Dr. Burns stated, but the object of the meeting was to state that the check had been sent by Mr. Gwenap to the trustees, and in their favour, of whom I am one—I never presented the check—I do not know that Dr. Burns ever did, from what he said.</p>
<p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> At the time the check was produced, was this paper, which I hand to you, produced at the same time?
<hi rend="italic">A.</hi> I think it was presented at the time—it is in Mr. Gwenap's writing, and this check is signed by Mr. Gwenap.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You say that until two days before going before the Magistrate, you had forgotten the paper produced?
<hi rend="italic">A.</hi> Yes; I had forgotten having signed that particular document, but I had hot forgotten the general features of the case—my impression was that the trustees were not to enforce it during Mr. Gwenap's life, in consequence of his benefactions.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-7" type="witnessName">
<interp inst="t18520614-name-7" type="gender" value="female"/>
<interp inst="t18520614-name-7" type="surname" value="GWENAP"/>
<interp inst="t18520614-name-7" type="given" value="JANE"/>JANE GWENAP</persName> </hi>. I am the youngest daughter of the late Mr. Thomas Gwenap, who died in Nov. 1850—I was a party to this suit in Chancery, to set aside the Annuity Deed—my father was in his eighty-sixth year when he died—I know Dr. Burns very well—he is the pastor of Enon Chapel, in Little Church-street—I know his handwriting—the signature to this deed, of 1839, is his—I remember this deed being executed by my father, in 1839—the defendant knew about that deed, and had conversation with my father about it—I have heard them conversing about it—that was about the year 1839, and, afterwards, on more than one occasion, I have heard it said that the money was not to be payable till his death—my father used to say that to Dr. Burns—he may have said it more than once, but not that I remember—that was about 1839, just about the time of the execution of the deed—I was for some years superintendant of a Sunday school, connected with the chapel; and I was treasurer of late years, when my father was not able to attend to it—I never received any money for the school under that deed, from my father—to my knowledge he never paid anything to Dr. Burns, under the deed—I never</p>
<xptr type="pageFacsimile" doc="185206140007"/>
<p>heard Dr. Burns ask for anything to be paid under that deed—I think my father had known Dr. Burns about fifteen or sixteen years—they were con
<lb/>stantly in the habit of seeing each other for many years—my father contri
<lb/>buted to the chapel—he has given Dr. Burns moneys for the use of the chapel, but when he was able he used to attend the chapel, and give it himself—to the best of my belief, he was a trustee of the chapel—at one time he took an active part in the chapel—I afterwards took an active part in it—I saw the probate of my father's will—it was in the house with the other deeds and papers, and they were all given up—the deed of 1839 remained in my father's hands after it was executed, for some years, until he let a sister of mine have it, a Mrs. Way, in the Isle of Wight—she is a plaintiff in the second suit—Mr. Van Sandau, who is now the attorney of Dr. Burns, acted for some time as my attorney—he was changed after the second suit—Mr. Lewis was my sister's attorney under the second suit—she filed a bill to set aside this deed—prior to the second suit Mr. Van Sandau was acting for me as well as for Dr. Burns—he acted from the beginning for the defendants as well as the plaintiffs—Dr. Burns has now about l,600
<hi rend="italic">l</hi>. in his hands, derived from my father's estate—he has not told me so, but I know so—my father was possessed of three or four houses, and also a valuable collection of pictures—Dr. Burns has the money; I have not got any—we have not been paid our half year's money—Dr. Burns is the executor under my father's will—Mr. Chapman was a co-executor; he resigned, and Dr. Burns is the sole acting executor—(
<hi rend="italic">looking at the memorandum produced</hi>) I remember the night this was signed; it was signed in the parlour of my father's house, in Grove-road, by Dr. Burns and Mr. East—I was not in the room at the time—I was in the house—I do not know any reason why I was not there—I saw it lying on the table—I know this is Dr. Burns' signature—I had heard conversation between him and my father, that this document was to be signed to protect his family from any arrears after my father's death—neither I or my sister, or any of our family, have any control whatever over my father's property—I remember my father signing this check for 1,045
<hi rend="italic">l</hi>. (
<hi rend="italic">produced</hi>) in June 1850—I distinctly recollect the circumstances under which it was signed—Dr. Burns was dining with us, and he said to my father that after dinner he should want him to give him a check for the amount of arrears on the deed, and my father said, "I suppose you have been taking advice?"—Dr. Burns said he had, and after dinner Dr. Burns dictated the check to my father, and he wrote it as he was told, cutting it out of the further end of the check book, the last leaf—it was arranged between Dr. Burns and my father, that this check was to be presented at a meeting at the chapel in the evening, and it was to be returned, as it was a mere matter of form to secure himself and Mr. East the co-trustee from any claims that any one might make on them, for the various charities in the deed—he did return the check in the evening, and when it was brought back, I asked my father, in the presence of Dr. Burns, what I should do with it, and I also asked Dr. Burns what I should do with it, and he told me I might keep it or destroy it—my father said I might destroy it, it was of no consequence—I did not do so, as it had my father's handwriting on it, I preserved it in a little box, and put it in a drawer with some other papers—I do not remember anything passing about the date of the check—when Dr. Burns asked my father to give him the check, my father said he was never poorer in his life, and if it went to his bankers there would not be money enough to pay it, nor if he took all the money there was in the house besides—after my father's death Dr. Burns asked me what I had done with check, if I had destroyed it—I said "You told me I might destroy it"—he said, "Have you destroyed it?"—I said no, I</p>
<xptr type="pageFacsimile" doc="185206140008"/>
<p>had kept it—he asked me to give it him, which I did—that was not long after my father's death—I heard that my sister was about filing the second bill—I had no conversation with Dr. Burns about it—he told me at one time that he thought the deed would not be maintained—I have ceased to be a member of Enon Chapel—I sent in my resignation to Mr. East on 5th April last—I found this memorandum of 1847 shortly after my father's death—I had seen it previously, when he put it into a little French table, and there I found it—I knew where it was—Mr. Van Sandau was my attorney during the time I had it in my possession—I handed it to my sister, Mrs. Bishop, in March last, at her request—I have seen Mr. Burns since I resigned as a member of his congregation, but have had no personal communication with him—I have had letters—I had been a member of the chapel between fifteen and sixteen years—I received these two letters from him—(
<hi rend="italic">letters read</hi>—"To Miss Gwenap, 29th April, 1852. Dr. Burns begs to inform Miss Gwenap that her letter to him of this morning is entirely unsatisfactory; and therefore, as he has to appear before the City Magistrate at the Guildhall Court against Robert Bishop to-morrow at 12 o'clock, and intends at the same time to take out a summons or warrant against Miss Gwenap, he feels it his duty to state that he will not be satisfied without a further letter, in which she will solemnly pledge herself to cease her malicious defamations against his character, and her deep regret that she has again assailed the reputation of Miss----. He wishes her to know that Mr. Underwood is privy to this, and went with him to the solicitor yesterday. Dr. Burns will not assuredly take any measures beyond this note to avert the just punishment which a trial before the Criminal Court of the Old Bailey must award. He has already called Mrs. Best's attention to the fact, that he will be compelled to call her as his chief evidence in reference to Miss Gwenap's guilt, for conspiracy and defamation, and which is still more fully ratified by her letters in Dr. Burns' possession. Dr. Burns deeply regrets that he cannot secure or retain a Christian reputation on other terms; if he were a private person, he might be indifferent to such slanders, but as a Christian minister he cannot and will not allow the friends of religion to be surprised at the evil reports Miss Gwenap has circulated. Dr. Burns begs to say that he knows of no greater or more atrocious crime than to slander a spotless person, who for weeks, with a few exceptions, has been confined to a sick room; and that Miss----was thus confined in her brother's house in Rochester, where Miss Gwenap states she was in constant company with Dr. Burns. As Dr. Burns will leave his study for the City at 10 to-morrow morning, Friday, 30th, Miss Gwenap will take such steps as she deems best."
<hi rend="italic">The following paper was enclosed in the letter</hi>: "The points upon which Dr. Burns requests Miss Gwenap's solemn and truthful declaration are the following: 1st. That Dr. Burns never did influence her father in regard to the bequests to the chapel; 2nd. That Dr. Burns never did induce him to leave Miss Gwenap less, that he might give the more to the chapel; 3rd. That Dr. Burns never did conspire or arrange with her father to evade the law, or to deprive the family of his property to advantage the chapel; 4th. That Miss Gwenap deeply regrets that such reports should prevail, and will endeavour to correct them; 5th. That Miss Gwenap will never again assail the Christian reputation of Dr. Burns; 6th. That Miss Gwenap deeply regrets having circulated the report concerning Miss----, and will never speak to the disparagement of that person again." "May 7th, 1852. Dr. Burns begs to inform Miss Gwenap that he has been waiting for a reply to his last communication, and would not have sent this note till the affair of Bishop had been settled; but as Mr. Jardine, of Bow-street, has this day held Bishop to bail to appear next Friday, it is not Dr. Burns' intention to wait</p>
<xptr type="pageFacsimile" doc="185206140009"/>
<p>till then, and therefore he begs to apprise you that unless you apologise for the untrue and defamatory statements you have made, and—have made, and engage to abstain from such a course in future, he must demand that justice from a legal tribunal which you refuse to give.")—my father died in June, 1850—at the time the check was dictated to him by Dr. Burns in Nov. he was very feeble, and in very poor health.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Who is your attorney now?
<hi rend="italic">A.</hi> Mr. Alfred Mayhew, of Carey-street, not Mr. Lewis, or Mr. Bickley—Mr. Lewis is the solicitor of my sister in the Isle of Wight—I have heard of Mr. Bickley, I do not know him—I believe Mr. Bishop is prosecuting this indictment—I do not know whether he is going to be a witness to day—I have had very little or nothing to do with Mr. Bishop in it—I have nothing to do with Mr. Bishop—I understood I was to be a witness—this memorandum was in my possession at the time the Chancery suits were instituted—I never produced it or referred to it—I knew that I had it—I believed it had to do with the family, and was only to be brought forward in case there was an application for arrears—I believe the suit was instituted with a view of ascertaining from the Court of Chancery whether the deed was a good one or not—the first suit was a friendly suit—the Mrs. Best referred to in the letter is an old servant, a widow, that lived with my father—I did not instruct her to write anonymous letters—she wrote a letter—I was acquainted with it—she did not write it by my instruction—she is old enough to know what she is doing—she wrote a letter at her own wish—it was not at my dictation—she is living—I did not tell her what to write—I have not written about these matters—I have not written to Dr. Burns—I have not answered those letters—I have written a good many letters to Dr. Burns—I have never written to Mr. Colquhoun—(
<hi rend="italic">looking at a letter</hi>) this is my writing—this was in reference to the letter that Mrs. Best wrote—I wrote to Mr. Colquhoun in reference to the letter Mrs. Best wrote—I did not instruct or countenance her in writing in a false name—I knew she had written in a false name on that occasion, but I never instructed her—she told me about the letter—I do not think it has anything to do with this subject—I heard from Mrs. Best that she had written a letter in a false name—that was before she sent it—I suppose it was sent—I did not instruct her to write to Mr. Colquhoun, saying that a sister of his had been in the habit of spending most of her time at the house of the Rev. Dr. Burns, the minister of a chapel in New Church-street, and that strange doings had been known to take place—she indicted the letter herself—to the best of my belief, I received Dr. Burns' letters after the dismissal of the case before Mr. Jardine—I was before Mr. Jardine on 6th April—I received the letters before this indictment was preferred.</p>
<p>
<hi rend="smallCaps">MR. PARRY</hi>.
<hi rend="italic">Q.</hi> Were you by Dr. Burns expelled from this chapel after you sent in your resignation?
<hi rend="italic">A.</hi> Yes; I was labouring under feelings of considerable excitement in consequence of that, and felt it very much—they would not accept my resignation, but expelled me, and my books and things were sent to me by the pew-opener—my box in the chapel was broken open—I had been a member of the congregation sixteen years—Dr. Burns was constantly in the habit of taking meals at my father's house, and in my society for many years.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-8" type="witnessName">
<interp inst="t18520614-name-8" type="gender" value="male"/>
<interp inst="t18520614-name-8" type="surname" value="LINDEMAN"/>
<interp inst="t18520614-name-8" type="given" value="SIDNEY ALFRED"/>SIDNEY ALFRED LINDEMAN</persName> </hi>. I am a clerk at Messrs. Drummonds. The late Mr. Gwenap banked there; I kept the books through which his account passed—I produce the ledger in which his account for 1850 was kept—on 13th and 14th June the balance of his account was 175
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>.—he had not overdrawn his account for the five years previous—if a check for 1,045
<hi rend="italic">l</hi>.</p>
<xptr type="pageFacsimile" doc="185206140010"/>
<p>had been presented, it would be contrary to the practice of the bank to honour it—money has been paid to his account, but I do not know whether it was by tenants for rent.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Money has been paid in by one or two other parties?
<hi rend="italic">A.</hi> Yes; an overdrawn check might be paid by mistake—as far as my expe
<lb/>rience goes, an overdrawn check would not have been paid, even if the party had had an account a great many years, if he had never overdrawn before; and if it was an amount corresponding with hie general balance, without pre
<lb/>vious advice on the subject—if he had overdrawn to the amount of 50
<hi rend="italic">l</hi>. or 60
<hi rend="italic">l</hi>. it is possible it would have been paid, and he would have been written to, to say it was irregular.</p>
<p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> For the last five years what had been his largest balance?
<hi rend="italic">A.</hi> I have not examined closely, but his balance I think was seldom above 500
<hi rend="italic">l</hi>. for the live years previous—if a check for 900
<hi rend="italic">l</hi>. had come in, I do not think it would have been honoured.</p>
<p>(
<hi rend="italic">A great number of witnesses deposed to the defendant's good character.</hi>)</p>
<p>
<hi rend="smallCaps">
<rs id="t18520614-584-verdict-1" type="verdictDescription">
<interp inst="t18520614-584-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18520614-584-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, June</hi> 14
<hi rend="italic">th</hi>, 1852.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>.—Mr.
<hi rend="smallCaps">COMMON SERJEANT</hi>; Mr. Ald.
<hi rend="smallCaps">CHALLIS</hi>; Mr. Ald.</p>
<p>
<hi rend="smallCaps">FINNIS</hi>; Mr. Ald.
<hi rend="smallCaps">WIRE</hi>.</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant, and the Fifth Jury.</hi> </p>
<div1 type="trialAccount" id="t18520614-585">
<interp inst="t18520614-585" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-585" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-585-charge-1" targOrder="Y" targets="def1-585-18520614 t18520614-585-offence-1 t18520614-585-verdict-1"/>
<p>585.
<persName id="def1-585-18520614" type="defendantName">
<interp inst="def1-585-18520614" type="gender" value="male"/>
<interp inst="def1-585-18520614" type="age" value="27"/>
<interp inst="def1-585-18520614" type="surname" value="CHALLIS"/>
<interp inst="def1-585-18520614" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY CHALLIS</hi> </persName>
<rs id="t18520614-585-offence-1" type="offenceDescription">
<interp inst="t18520614-585-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18520614-585-offence-1" type="offenceSubcategory" value="embezzlement"/>, embezzling 3
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>.; the moneys of
<persName id="t18520614-name-10" type="victimName">
<interp inst="t18520614-name-10" type="gender" value="male"/>
<interp inst="t18520614-name-10" type="surname" value="TEVERSHAM"/>
<interp inst="t18520614-name-10" type="given" value="MARK"/>
<join result="offenceVictim" targOrder="Y" targets="t18520614-585-offence-1 t18520614-name-10"/>Mark Teversham</persName>, his master: to which he pleaded</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18520614-585-verdict-1" type="verdictDescription">
<interp inst="t18520614-585-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-585-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi>. Aged 27.—
<hi rend="italic">
<rs id="t18520614-585-punishment-1" type="punishmentDescription">
<interp inst="t18520614-585-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t18520614-585-punishment-1" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-585-18520614 t18520614-585-punishment-1"/>Confined Eight Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18520614-586">
<interp inst="t18520614-586" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-586" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-586-charge-1" targOrder="Y" targets="def1-586-18520614 t18520614-586-offence-1 t18520614-586-verdict-1"/>
<p>586.
<persName id="def1-586-18520614" type="defendantName">
<interp inst="def1-586-18520614" type="gender" value="male"/>
<interp inst="def1-586-18520614" type="age" value="76"/>
<interp inst="def1-586-18520614" type="surname" value="COLLYER"/>
<interp inst="def1-586-18520614" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS COLLYER</hi> </persName>
<rs id="t18520614-586-offence-1" type="offenceDescription">
<interp inst="t18520614-586-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18520614-586-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing a mantle, and other goods, of
<persName id="t18520614-name-12" type="victimName">
<interp inst="t18520614-name-12" type="gender" value="male"/>
<interp inst="t18520614-name-12" type="surname" value="HUNT"/>
<interp inst="t18520614-name-12" type="given" value="EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18520614-586-offence-1 t18520614-name-12"/>Edward Hunt</persName>, value 3
<hi rend="italic">l</hi>. 17
<hi rend="italic">s</hi>.; having been before convicted: to which he pleaded</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18520614-586-verdict-1" type="verdictDescription">
<interp inst="t18520614-586-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-586-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi>. Aged 76.—
<hi rend="italic">
<rs id="t18520614-586-punishment-2" type="punishmentDescription">
<interp inst="t18520614-586-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18520614-586-punishment-2" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-586-18520614 t18520614-586-punishment-2"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18520614-587">
<interp inst="t18520614-587" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-587" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-587-charge-1" targOrder="Y" targets="def1-587-18520614 t18520614-587-offence-1 t18520614-587-verdict-1"/>
<p>587.
<persName id="def1-587-18520614" type="defendantName">
<interp inst="def1-587-18520614" type="gender" value="female"/>
<interp inst="def1-587-18520614" type="surname" value="GREEN"/>
<interp inst="def1-587-18520614" type="given" value="MARIA"/>
<hi rend="largeCaps">MARIA GREEN</hi> </persName>
<rs id="t18520614-587-offence-1" type="offenceDescription">
<interp inst="t18520614-587-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18520614-587-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, stealing 1 spoon, value 2
<hi rend="italic">s</hi>.; the goods of
<persName id="t18520614-name-14" type="victimName">
<interp inst="t18520614-name-14" type="gender" value="male"/>
<interp inst="t18520614-name-14" type="surname" value="HILL"/>
<interp inst="t18520614-name-14" type="given" value="HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t18520614-587-offence-1 t18520614-name-14"/>Henry Hill</persName>, her master.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-15" type="witnessName">
<interp inst="t18520614-name-15" type="gender" value="male"/>
<interp inst="t18520614-name-15" type="surname" value="HILL"/>
<interp inst="t18520614-name-15" type="given" value="HENRY"/>HENRY HILL</persName> </hi>. I live at Uxbridge, and am a currier. The prisoner was in my service about two months—on the Monday before she left, I saw the handle of a spoon—it is here, it is mine—when I saw it, I found that I had lost a spoon—the rest of the spoon is here—it matches the handle.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Have you sworn to that?
<hi rend="italic">A.</hi> Yes; there is a small dot on it, and the other spoons have the same—I lost a spoon with a dot on it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-16" type="witnessName">
<interp inst="t18520614-name-16" type="gender" value="female"/>
<interp inst="t18520614-name-16" type="surname" value="PHILLIPS"/>
<interp inst="t18520614-name-16" type="given" value="ANN"/>ANN PHILLIPS</persName> </hi>. I am eleven years old, I live at Uxbridge with my father and mother. On 10th May the prisoner gave me the handle of a spoon—she told me she found it against Mr. Aaron's, and she told me to sell it, and if they asked me whose it was, to say it was my mother's—I took it to Mr. Byworth's to sell; he did not buy it, he kept it—I told him it was my mother's, as the prisoner had told me to say—I told him afterwards that the prisoner had given it me, and told me to say it was my mother's.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Where did I tell you to sell it?
<hi rend="italic">A.</hi> Anywhere.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-17" type="witnessName">
<interp inst="t18520614-name-17" type="gender" value="male"/>
<interp inst="t18520614-name-17" type="surname" value="BYWORTH"/>
<interp inst="t18520614-name-17" type="given" value="THOMAS JOHN"/>THOMAS JOHN BYWORTH</persName> </hi>. I am a watchmaker, at Uxbridge. On 10th May, between 12 and 1 o'clock, the last witness came to my shop, and brought this part of a spoon—I kept it, and told her to fetch her mother—I afterwards gave it to the policeman, when she told me it was not her mother's.</p>
<xptr type="pageFacsimile" doc="185206140011"/>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-18" type="witnessName">
<interp inst="t18520614-name-18" type="gender" value="male"/>
<interp inst="t18520614-name-18" type="surname" value="MASTERS"/>
<interp inst="t18520614-name-18" type="given" value="STEPHEN"/>STEPHEN MASTERS</persName> </hi> (
<hi rend="italic">policeman, T</hi> 199) On 10th May, Mr. Byworth delivered to me this handle of a spoon; I showed it to Mr. Hill—I took the prisoner into custody, she said she had found it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-19" type="witnessName">
<interp inst="t18520614-name-19" type="gender" value="male"/>
<interp inst="t18520614-name-19" type="surname" value="GUILDFORD"/>
<interp inst="t18520614-name-19" type="given" value="WILLIAM"/>WILLIAM GUILDFORD</persName> </hi>. I am a watchmaker at Uxbridge. On 5th May, I purchased this bowl of a spoon from the prisoner—I have compared it with this handle—it matches it.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Can you swear to me?
<hi rend="italic">A.</hi> I think there is no doubt ahout it—I will swear she was in my shop a few days before—I have every reason to believe she is the person who brought the spoon, but I cannot say positively.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I left him on the 30th of April, because bit wife wished me to sleep in a pair of damp sheets; I went and asked my master to pay me, and he would not; I went on Friday after my box, and my mis
<lb/>tress would not let me have it; on the Saturday my mother and I went for my box, and they searched it and found nothing.</p>
<p>(
<hi rend="italic">The prisoner received a good character.</hi>)</p>
<p>
<hi rend="smallCaps">
<rs id="t18520614-587-verdict-1" type="verdictDescription">
<interp inst="t18520614-587-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18520614-587-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18520614-588">
<interp inst="t18520614-588" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-588" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-588-charge-1" targOrder="Y" targets="def1-588-18520614 t18520614-588-offence-1 t18520614-588-verdict-1"/>
<p>588.
<persName id="def1-588-18520614" type="defendantName">
<interp inst="def1-588-18520614" type="gender" value="male"/>
<interp inst="def1-588-18520614" type="age" value="37"/>
<interp inst="def1-588-18520614" type="surname" value="GREENAWAY"/>
<interp inst="def1-588-18520614" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES GREENAWAY</hi> </persName> was indicted
<rs id="t18520614-588-offence-1" type="offenceDescription">
<interp inst="t18520614-588-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18520614-588-offence-1" type="offenceSubcategory" value="embezzlement"/> for embezzlement.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-21" type="witnessName">
<interp inst="t18520614-name-21" type="gender" value="male"/>
<interp inst="t18520614-name-21" type="surname" value="BOWRY"/>
<interp inst="t18520614-name-21" type="given" value="CHARLES HENRY"/>CHARLES HENRY BOWRY</persName> </hi>. I am an oil and colourman. I buy goods of Mr. Barnes, in Fenchurch-street—I know the prisoner, I have seen him at Mr. Barnes's—on 8th April the prisoner brought me fifty thousand per
<lb/>cussion cape from Mr. Barnes, be brought a bill—the nett amount was 4
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>.; I paid him—he wrote a receipt on the bill in my presence—I paid him the money for Mr. Frederick Barnes—I am sure the prisoner is the person.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-22" type="witnessName">
<interp inst="t18520614-name-22" type="gender" value="male"/>
<interp inst="t18520614-name-22" type="surname" value="GREENWOOD"/>
<interp inst="t18520614-name-22" type="given" value="WILLIAM"/>WILLIAM GREENWOOD</persName> </hi>. I am foreman and warehouseman to Mr. Frederick Barnes. The prisoner was in his employ—it was his duty to receive money, which he was to pay to me, or to Mr. Pain, the clerk—he has never paid me this 4
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>.—he ought to have paid it the day he received it—he did not account to me for it in any way—in consequence of information, I called the prisoner forward, and told him Mr. Bowry had paid him the money for the percussion caps, and he had not paid it in—he said it was true—I said, "Do you mean to say you have kept the money?"—he said, "Yes"—I took him to Mr. Barnes, he told me to give him into custody—this was on 24th of May; he had received the money on the 7th or 8th of April.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-23" type="witnessName">
<interp inst="t18520614-name-23" type="gender" value="male"/>
<interp inst="t18520614-name-23" type="surname" value="PAIN"/>
<interp inst="t18520614-name-23" type="given" value="THOMAS"/>THOMAS PAIN</persName> </hi>. I am book-keeper and cashier to Mr. Barnes. The prisoner never accounted to me for 4
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>. received from Mr. Bowry, nor paid it to me.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I went to Mr. Barnes, he asked me if I had taken the money; I said, "Yes;" and if he had given me a week I would have paid it him, but be would not, and gave me in charge.</p>
<p>
<hi rend="smallCaps">
<rs id="t18520614-588-verdict-1" type="verdictDescription">
<interp inst="t18520614-588-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-588-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 37.—
<hi rend="italic">
<rs id="t18520614-588-punishment-3" type="punishmentDescription">
<interp inst="t18520614-588-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18520614-588-punishment-3" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-588-18520614 t18520614-588-punishment-3"/>Confined Three Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18520614-589">
<interp inst="t18520614-589" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-589" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-589-charge-1" targOrder="Y" targets="def1-589-18520614 t18520614-589-offence-1 t18520614-589-verdict-1"/>
<p>589.
<persName id="def1-589-18520614" type="defendantName">
<interp inst="def1-589-18520614" type="gender" value="male"/>
<interp inst="def1-589-18520614" type="age" value="25"/>
<interp inst="def1-589-18520614" type="surname" value="CASSLE"/>
<interp inst="def1-589-18520614" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE CASSLE</hi> </persName>
<rs id="t18520614-589-offence-1" type="offenceDescription">
<interp inst="t18520614-589-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18520614-589-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing 7 sovereigns, 2 half-sovereigns, and 15 shillings, and 1 purse; the property of
<persName id="t18520614-name-25" type="victimName">
<interp inst="t18520614-name-25" type="gender" value="male"/>
<interp inst="t18520614-name-25" type="surname" value="PHILLIPS"/>
<interp inst="t18520614-name-25" type="given" value="JOHN BENNETT"/>
<join result="offenceVictim" targOrder="Y" targets="t18520614-589-offence-1 t18520614-name-25"/>John Bennett Phillips</persName>: to which he pleaded</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18520614-589-verdict-1" type="verdictDescription">
<interp inst="t18520614-589-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-589-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi>. Aged 25.—
<hi rend="italic">
<rs id="t18520614-589-punishment-4" type="punishmentDescription">
<interp inst="t18520614-589-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18520614-589-punishment-4" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-589-18520614 t18520614-589-punishment-4"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18520614-590">
<interp inst="t18520614-590" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-590" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-590-charge-1" targOrder="Y" targets="def1-590-18520614 t18520614-590-offence-1 t18520614-590-verdict-1"/>
<p>590.
<persName id="def1-590-18520614" type="defendantName">
<interp inst="def1-590-18520614" type="gender" value="female"/>
<interp inst="def1-590-18520614" type="age" value="31"/>
<interp inst="def1-590-18520614" type="surname" value="M'CARTHY"/>
<interp inst="def1-590-18520614" type="given" value="MARY"/>
<hi rend="largeCaps">MARY M'CARTHY</hi> </persName>
<rs id="t18520614-590-offence-1" type="offenceDescription">
<interp inst="t18520614-590-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18520614-590-offence-1" type="offenceSubcategory" value="pocketpicking"/>, stealing 1 purse, 6 sovereigns, 3 half-sove
<lb/>reigns, 5 sixpences, and 1 fourpenny-piece; the property of
<persName id="t18520614-name-27" type="victimName">
<interp inst="t18520614-name-27" type="gender" value="male"/>
<interp inst="t18520614-name-27" type="surname" value="GEORGE"/>
<interp inst="t18520614-name-27" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18520614-590-offence-1 t18520614-name-27"/>William George</persName>, from his person: to which she pleaded</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18520614-590-verdict-1" type="verdictDescription">
<interp inst="t18520614-590-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-590-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi>. Aged 31.—
<hi rend="italic">
<rs id="t18520614-590-punishment-5" type="punishmentDescription">
<interp inst="t18520614-590-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18520614-590-punishment-5" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-590-18520614 t18520614-590-punishment-5"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18520614-591">
<interp inst="t18520614-591" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-591" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-591-charge-1" targOrder="Y" targets="def1-591-18520614 t18520614-591-offence-1 t18520614-591-verdict-1"/>
<p>591.
<persName id="def1-591-18520614" type="defendantName">
<interp inst="def1-591-18520614" type="gender" value="male"/>
<interp inst="def1-591-18520614" type="age" value="21"/>
<interp inst="def1-591-18520614" type="surname" value="JONES"/>
<interp inst="def1-591-18520614" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS JONES</hi> </persName>
<rs id="t18520614-591-offence-1" type="offenceDescription">
<interp inst="t18520614-591-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18520614-591-offence-1" type="offenceSubcategory" value="pocketpicking"/>, stealing 1 handkerchief, value 1
<hi rend="italic">s</hi>.; the goods of
<persName id="t18520614-name-29" type="victimName">
<interp inst="t18520614-name-29" type="gender" value="male"/>
<interp inst="t18520614-name-29" type="surname" value="DAVIS"/>
<interp inst="t18520614-name-29" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18520614-591-offence-1 t18520614-name-29"/>William Davis</persName>, from his person, having before convicted: to which he pleaded</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18520614-591-verdict-1" type="verdictDescription">
<interp inst="t18520614-591-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-591-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 21.—
<hi rend="italic">
<rs id="t18520614-591-punishment-6" type="punishmentDescription">
<interp inst="t18520614-591-punishment-6" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-591-18520614 t18520614-591-punishment-6"/>Transported for Seven Years</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18520614-592">
<interp inst="t18520614-592" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-592" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-592-charge-1" targOrder="Y" targets="def1-592-18520614 t18520614-592-offence-1 t18520614-592-verdict-1"/>
<xptr type="pageFacsimile" doc="185206140012"/>
<p>592.
<persName id="def1-592-18520614" type="defendantName">
<interp inst="def1-592-18520614" type="gender" value="male"/>
<interp inst="def1-592-18520614" type="age" value="21"/>
<interp inst="def1-592-18520614" type="surname" value="BROWN"/>
<interp inst="def1-592-18520614" type="given" value="ALFRED"/>
<hi rend="largeCaps">ALFRED BROWN</hi> </persName>
<rs id="t18520614-592-offence-1" type="offenceDescription">
<interp inst="t18520614-592-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18520614-592-offence-1" type="offenceSubcategory" value="pocketpicking"/>, stealing 1 handkerchief, value 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.; the goods of
<persName id="t18520614-name-31" type="victimName">
<interp inst="t18520614-name-31" type="gender" value="male"/>
<interp inst="t18520614-name-31" type="surname" value="DYER"/>
<interp inst="t18520614-name-31" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18520614-592-offence-1 t18520614-name-31"/>James Dyer</persName>, from his person: to which he pleaded</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18520614-592-verdict-1" type="verdictDescription">
<interp inst="t18520614-592-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-592-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi>. Aged 21.—
<hi rend="italic">
<rs id="t18520614-592-punishment-7" type="punishmentDescription">
<interp inst="t18520614-592-punishment-7" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-592-18520614 t18520614-592-punishment-7"/>Transported for Seven Years</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18520614-593">
<interp inst="t18520614-593" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-593" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-593-charge-1" targOrder="Y" targets="def1-593-18520614 t18520614-593-offence-1 t18520614-593-verdict-1"/>
<p>593.
<persName id="def1-593-18520614" type="defendantName">
<interp inst="def1-593-18520614" type="gender" value="male"/>
<interp inst="def1-593-18520614" type="age" value="20"/>
<interp inst="def1-593-18520614" type="surname" value="HAYES"/>
<interp inst="def1-593-18520614" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS HAYES</hi> </persName>
<rs id="t18520614-593-offence-1" type="offenceDescription">
<interp inst="t18520614-593-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18520614-593-offence-1" type="offenceSubcategory" value="pocketpicking"/>, stealing 1 handkerchief, value 2
<hi rend="italic">s</hi>.; the goods of
<persName id="t18520614-name-33" type="victimName">
<interp inst="t18520614-name-33" type="gender" value="male"/>
<interp inst="t18520614-name-33" type="surname" value="LAWRENCE"/>
<interp inst="t18520614-name-33" type="given" value="RICHARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18520614-593-offence-1 t18520614-name-33"/>Richard Lawrence</persName> from his person.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-34" type="witnessName">
<interp inst="t18520614-name-34" type="gender" value="male"/>
<interp inst="t18520614-name-34" type="surname" value="LAWRENCE"/>
<interp inst="t18520614-name-34" type="given" value="RICHARD"/>RICHARD LAWRENCE</persName> </hi>. On 27th May, I was on Tower-hill, about 1 o'clock in the day; 1 was looking at something that was going forward—I felt a tug at my pocket—I turned round, and saw the prisoner with my handkerchief in his hand—I went to lay hold of him—he slipped out of my hand, and ran away with the handkerchief—I ran after him and caught him, and took the handkerchief from him—I gave him and the handkerchief to the officer—I am sure it is mine—I had used it 10 minutes before.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-35" type="witnessName">
<interp inst="t18520614-name-35" type="gender" value="male"/>
<interp inst="t18520614-name-35" type="surname" value="STRATFORD"/>
<interp inst="t18520614-name-35" type="given" value="FREDERICK"/>FREDERICK STRATFORD</persName> </hi> (
<hi rend="italic">police-sergeant, K</hi> 33). I took the prisoner, and have the handkerchief—the prisoner said he had not taken it.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I was standing on Tower-hill, and the handkerchief fell between me and another man; I went to take it up, and he took hold of me; I walked across the road, he came after me and took me; I was never in prison in my life.</p>
<p>
<hi rend="smallCaps">
<rs id="t18520614-593-verdict-1" type="verdictDescription">
<interp inst="t18520614-593-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-593-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 20.—
<hi rend="italic">
<rs id="t18520614-593-punishment-8" type="punishmentDescription">
<interp inst="t18520614-593-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18520614-593-punishment-8" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-593-18520614 t18520614-593-punishment-8"/>Confined Four Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18520614-594">
<interp inst="t18520614-594" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-594" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-594-charge-1" targOrder="Y" targets="def1-594-18520614 t18520614-594-offence-1 t18520614-594-verdict-1"/>
<p>594.
<persName id="def1-594-18520614" type="defendantName">
<interp inst="def1-594-18520614" type="gender" value="male"/>
<interp inst="def1-594-18520614" type="age" value="21"/>
<interp inst="def1-594-18520614" type="surname" value="MOORE"/>
<interp inst="def1-594-18520614" type="given" value="EDMUND"/>
<hi rend="largeCaps">EDMUND MOORE</hi> </persName>
<rs id="t18520614-594-offence-1" type="offenceDescription">
<interp inst="t18520614-594-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18520614-594-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing 1 coat, value 1
<hi rend="italic">l</hi>.; the goods of
<persName id="t18520614-name-37" type="victimName">
<interp inst="t18520614-name-37" type="gender" value="male"/>
<interp inst="t18520614-name-37" type="surname" value="MILLS"/>
<interp inst="t18520614-name-37" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18520614-594-offence-1 t18520614-name-37"/>Thomas Mills</persName>.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-38" type="witnessName">
<interp inst="t18520614-name-38" type="gender" value="male"/>
<interp inst="t18520614-name-38" type="surname" value="LIVERMORE"/>
<interp inst="t18520614-name-38" type="given" value="FRANCIS"/>FRANCIS LIVERMORE</persName> </hi> (
<hi rend="italic">City policeman</hi>, 631). On 8th June, about a quarter past 9 o'clock in the morning, I was on duty in Duke-street, Aldgate—I saw the prisoner coming in a direction from Mr. Mills'—I knew him before—he was carrying something under a large blue pilot coat, which he had on—I followed him to Duke's-place, from there to St. Mary Axe, and then to Camomile-street—I asked him what he had got—he said he had got nothing—I undid his coat, and found this coat in front of him—I asked how he came by it—he said if I would go back, he would take me to the shop where he bought it—we were close to the station, and I said we would go there first—he then said he bought it of a man in the
<hi rend="italic">lane</hi> for 185.—I asked if he knew the man—he said, "No"—he said he was hawking them about the
<hi rend="italic">lane</hi>, and he had them on his arm.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Was it carried so that no man looking at him could avoid seeing that he had a bundle?
<hi rend="italic">A.</hi> If I had not known him, I should not have noticed it—this coat was not forming a large bulk, it was carried in front of him—I am sure he did not say, "It is my own"—he said, "Nothing"—he then said he bought it at a shop—when I took him into the station he said he bought it of a man in the
<hi rend="italic">lane</hi>—he did not say he had been in a shop, but he bought it from a man, and gave him 18
<hi rend="italic">s</hi>. for it—he did not say any such thing—he said he would take me to the shop where he bought it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-39" type="witnessName">
<interp inst="t18520614-name-39" type="gender" value="male"/>
<interp inst="t18520614-name-39" type="surname" value="AGARS"/>
<interp inst="t18520614-name-39" type="given" value="ROBERT"/>ROBERT AGARS</persName> </hi>. I am manager to Mr. Thomas Mills; he is a tailor and outfitter. I know this coat to be his—I know it by a tear in the collar—I had seen it safe about 8 o'clock in the evening on 7th June in the show room—I saw the prisoner next morning about 9, he came to buy a coat—I showed him some in the show room—he tried on several, and did not buy any—he said they were too expensive—I told him we should have some more that would suit him—he had a large blue pilot coat on, which he took off when he tried on the other coats, and laid it on the counter—after he had tried on the coats, he put his own coat on again—I came out of the show room first, and he followed me—I followed him to the door, and saw that he turned down Duke-street—I had not sold him this coat, or any other—there</p>
<xptr type="pageFacsimile" doc="185206140013"/>
<p>was no one in the show room but him and me—this coat had been on the top of a pile of coats the night before—I believe he laid his great coat on the top of that pile.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> How do you know this coat?
<hi rend="italic">A.</hi> It is unsewn in the edge of the collar, about an inch and a half has come out of the sewing—I think I could swear to the coat—we mark all our coats—there was a mark sewn on the flap of this, which has been torn off—I believe it was sewn with white thread—I know the cut of this coat—it is one of the new fashioned paletots—I do not think you would find 500,000 such in London.</p>
<p>
<hi rend="smallCaps">
<rs id="t18520614-594-verdict-1" type="verdictDescription">
<interp inst="t18520614-594-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-594-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.* Aged 21.—
<hi rend="italic">
<rs id="t18520614-594-punishment-9" type="punishmentDescription">
<interp inst="t18520614-594-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18520614-594-punishment-9" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-594-18520614 t18520614-594-punishment-9"/>Confined Eight Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18520614-595">
<interp inst="t18520614-595" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-595" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-595-charge-1" targOrder="Y" targets="def1-595-18520614 t18520614-595-offence-1 t18520614-595-verdict-1"/>
<p>595.
<persName id="def1-595-18520614" type="defendantName">
<interp inst="def1-595-18520614" type="gender" value="male"/>
<interp inst="def1-595-18520614" type="age" value="28"/>
<interp inst="def1-595-18520614" type="surname" value="DUNN"/>
<interp inst="def1-595-18520614" type="given" value="AUGUSTINE"/>
<hi rend="largeCaps">AUGUSTINE DUNN</hi> </persName>
<rs id="t18520614-595-offence-1" type="offenceDescription">
<interp inst="t18520614-595-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18520614-595-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing a sovereign of
<persName id="t18520614-name-41" type="victimName">
<interp inst="t18520614-name-41" type="gender" value="male"/>
<interp inst="t18520614-name-41" type="surname" value="GEDGE"/>
<interp inst="t18520614-name-41" type="given" value="MARTIN FREDERICK"/>
<join result="offenceVictim" targOrder="Y" targets="t18520614-595-offence-1 t18520614-name-41"/>Martin Frederick Gedge</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MR. LILLEY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-42" type="witnessName">
<interp inst="t18520614-name-42" type="gender" value="female"/>
<interp inst="t18520614-name-42" type="surname" value="SANDERSON"/>
<interp inst="t18520614-name-42" type="given" value="CAROLINE"/>CAROLINE SANDERSON</persName> </hi>. I am bar maid at the Half Moon, in West Smithfield—my brother in law keeps it. On Friday, night, 14th May, about 7 o'clock, the prisoner and another man came to the house together—they had half a quartern of gin, and they waited some time, and then the other man had half a quartern of brandy, and they had two pick wick cigars—I asked for payment, and the prisoner's companion gave me a sovereign—I gave him change—the prisoner said, "Don't change, I will pay," and he asked me to return the sovereign; which I returned to his companion—I put it on the counter, and took the change back—the prisoner's companion insisted on paying himself, and he asked me to give him the change—I took up a sovereign, and gave the change back—the prisoner's companion put the second sovereign on the counter—that was not the sovereign I took at first—the servant in the bar parlour gave me some information, and I went to the drawer and looked at the second sovereign, which I had received—I did not look at it when I took it up from the counter, supposing it was the same I had taken before—I found the sovereign was bad—the prisoner was then in the bar, his companion was gone—I went to the prisoner, who was stand
<lb/>ing near the door, and asked him where bis companion was—he said, "What is the matter?"—I had the bad sovereign in my hand, and I said, "He has given me a bad sovereign"—the prisoner took it out of my hand and said, "I will find him"—he went out—my brother in law went out and brought him back, in about five minutes afterwards, and he was given in custody.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You put that sovereign that you took up from the counter in the drawer; was there any other sovereign in the drawer?
<hi rend="italic">A.</hi> Not any.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-43" type="witnessName">
<interp inst="t18520614-name-43" type="gender" value="female"/>
<interp inst="t18520614-name-43" type="surname" value="CROW"/>
<interp inst="t18520614-name-43" type="given" value="ELLEN"/>ELLEN CROW</persName> </hi>. I am servant at the Half Moon, in West Smithfield. On 14th May, the prisoner came there with another person—they drank half a quartern of gin between them, and then the prisoner's companion asked for half a quartern of brandy, and they drank that between them—they asked me to give them a cup of tea, which I did—I saw the prisoner's companion offer a sovereign, in payment—the prisoner said, "Don't you change, I will pay for it"—Miss Sanderson gave the companion the sovereign back, on the counter—he took up the good sovereign, and dropped another out of the lower part of his hand, while I gave him the tea—I had put it on the counter—I saw Miss Sanderson take up that other sovereign, and put it into the till—I told her to look at it, which she did—she came out of the bar, and tapped the prisoner on the shoulder, and said, "Where is your companion?"—he said, "What is the matter?"</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Was there any person in front of the bar but the prisoner and his companion?
<hi rend="italic">A.</hi> There was a man against the door, who I think was smoking—there was no one else but me and the bar</p>
<xptr type="pageFacsimile" doc="185206140014"/>
<p>maid, and a little child—I had seen the prisoner before—he and his companion, used to come to an eating house, where I did live—I have seen them come there together, and have something to eat, and they have stood at the window to speak to one another, before they came in—I do not know that the prisoner works in that neighbourhood—I have seen him come to the eating house, to have something to eat, when the other man was not there, and the other has been there when the prisoner was not, and they used to meet there—when Miss Sanderson looked at the sovereign, the prisoner was in the bar, but I did not let him hear what I said to her—I called her into the bar parlour—she then came out, and said to the prisoner, "Where is your companion?" and spoke about a bad sovereign—the prisoner took the sovereign from her—he did not seem much astonished—he said, "I will go and find him."</p>
<p>
<hi rend="smallCaps">MR. LILLEY</hi>.
<hi rend="italic">Q.</hi> How many times have you seen the prisoner and his companion together?
<hi rend="italic">A.</hi> About six or seven times.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-44" type="witnessName">
<interp inst="t18520614-name-44" type="gender" value="male"/>
<interp inst="t18520614-name-44" type="surname" value="GEDGE"/>
<interp inst="t18520614-name-44" type="given" value="MARTIN FREDERICK"/>MARTIN FREDERICK GEDGE</persName> </hi>. I am landlord of the Half-Moon: Miss Sanderson is my sister in law. On Friday evening, 14th May, I was up stairs, and was called down—I saw the prisoner standing by the door—my sister in law was outside, looking for the other man—she told me something—the prisoner heard her say she had taken a bad sovereign—he went away directly, and walked very fast—I got up to him, got hold of his collar, and said, "You are my prisoner!"—he said, "What for?"—I said, "For stealing a sovereign from my sister in law"—I brought him back, and gave him in charge.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-45" type="witnessName">
<interp inst="t18520614-name-45" type="gender" value="male"/>
<interp inst="t18520614-name-45" type="surname" value="BATSON"/>
<interp inst="t18520614-name-45" type="given" value="GEORGE"/>GEORGE BATSON</persName> </hi> (
<hi rend="italic">City-policeman</hi>, 277). I was called by Mr. Gedge—I found the prisoner standing in front of the bar; he was given into my custody on a charge of stealing a sovereign—I took him to the station—I found on him a thin sixpence and a half crown.</p>
<p>
<hi rend="smallCaps">MR. SLEIGH</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">CAROLINE SANDERSON</hi>.
<hi rend="italic">Q.</hi> It was not the prisoner, but the other man who handed you a sovereign, to whom you gave change, to whom you returned the sovereign, and who gave you a sovereign back?
<hi rend="italic">A.</hi> Yes; there was another person there, standing close to the bar, when they first came in—the prisoner and his companion came to the bar, and were standing close by the small skittle board—the other person went to the door, and he was standing there when the changing of the sovereign took place—he was there and heard what I said, as far as I know, about the changing the sovereign—the prisoner's companion went out directly I had given him the change and the cigar—he was away before I discovered that the sovereign was bad—I did not see that the prisoner's hand bad anything to do with the sovereign, or the change—the prisoner and the other man had both been in there two days before—when my brother in law came, and the prisoner was brought back, my brother in law said, "Where is the sovereign?" and in my confusion I went a little way behind the counter to look for it, and then I recollected that the prisoner had taken it out of my hand.</p>
<p>
<hi rend="smallCaps">MR. LILLEY</hi>.
<hi rend="italic">Q.</hi> Did he take it away with him?
<hi rend="italic">A.</hi> Yes, he did; the third man had nothing to do with them—he was in long before they came, and he did not go out at the same time.</p>
<p>(
<hi rend="smallCaps">MR. SLEIGH</hi>
<hi rend="italic">requested the Court to allow the Prisoner to address the Jury.</hi>)</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I am placed in a peculiar situation; I have not been in London for the last twelve months, only four days previous to being taken; I unfortunately met the man named before you, and went into the public house to have a glass of liquor; not having seen him for a period of twelve months, we played a game at the toy skittles; be gave a sovereign, and I</p>
<xptr type="pageFacsimile" doc="185206140015"/>
<p>said I would pay; he took the change, and went out of the house; I waited and took the paper to look at; I did not attempt to move till the good lady came and tapped me on the shoulder, and said, "Where is your friend?" in an agitated manner; I said, "What is the matter?" she said, "Your friend has given me a bad sovereign;" I said, "I am very sorry, allow me to look at it; "I took it and looked at it, and another man looked at it; the lady ran out of the house, and she came in again and said, "Surely you know this man?" I said, "Yes; I will endeavour to find him;" this bad sovereign, or whatever piece it was, I have never seen since; I left with the intention of looking after this person, whom I thought responsible; I looked after him with a good intent, and the gentleman tapped me on the shoulder, and said, "You gave my sister in law a bad sovereign;" I said, "I have done nothing of the kind;" he said, "Will you come back?" I said, "Yes;" I went, and he said, "Is this the man?" she said, "No;" he said, "Where is the sovereign?" she went round to look for it, and she turned back, and said, "I forgot; he took it;" and he gave me into custody for passing a bad sovereign; I was taken to the station, and stripped, and searched; I had nothing on me but good coin; I have not had lime, or my employer would have been here.</p>
<p>(
<hi rend="smallCaps">MR. SLEIGH</hi>
<hi rend="italic">then addressed the Jury for the prisoner.</hi>)</p>
<p>
<hi rend="smallCaps">
<rs id="t18520614-595-verdict-1" type="verdictDescription">
<interp inst="t18520614-595-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-595-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.* Aged 28.—
<hi rend="italic">
<rs id="t18520614-595-punishment-10" type="punishmentDescription">
<interp inst="t18520614-595-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18520614-595-punishment-10" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-595-18520614 t18520614-595-punishment-10"/>Confined Six Months</rs>.</hi> </p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, June</hi> 15
<hi rend="italic">th</hi>, 1852.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>—Sir
<hi rend="smallCaps">GEORGE CARROLL</hi>, Knt., Ald.; Sir
<hi rend="smallCaps">JAMES DUKE</hi>, Bart., Ald.; Mr.
<hi rend="smallCaps">RECORDER</hi>; Mr. Ald.
<hi rend="smallCaps">WIRE</hi>, and Mr. Ald.
<hi rend="smallCaps">CARTER</hi>.</p>
<p>
<hi rend="italic">Before Mr. Recordert and the Second Jury.</hi> </p>
<div1 type="trialAccount" id="t18520614-596">
<interp inst="t18520614-596" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-596" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-596-charge-1" targOrder="Y" targets="def1-596-18520614 t18520614-596-offence-1 t18520614-596-verdict-1"/>
<p>596.
<persName id="def1-596-18520614" type="defendantName">
<interp inst="def1-596-18520614" type="gender" value="male"/>
<interp inst="def1-596-18520614" type="age" value="24"/>
<interp inst="def1-596-18520614" type="surname" value="HAMMOND"/>
<interp inst="def1-596-18520614" type="given" value="HENRY WILLIAM"/>
<hi rend="largeCaps">HENRY WILLIAM HAMMOND</hi> </persName>
<rs id="t18520614-596-offence-1" type="offenceDescription">
<interp inst="t18520614-596-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18520614-596-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, stealing 5 spoons, value 45
<hi rend="italic">s</hi>.; the goods of
<persName id="t18520614-name-47" type="victimName">
<interp inst="t18520614-name-47" type="gender" value="male"/>
<interp inst="t18520614-name-47" type="surname" value="BATHE"/>
<interp inst="t18520614-name-47" type="given" value="WILLIAM POTTS"/>
<join result="offenceVictim" targOrder="Y" targets="t18520614-596-offence-1 t18520614-name-47"/>William Potts Bathe</persName>, his master: to which he pleaded</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18520614-596-verdict-1" type="verdictDescription">
<interp inst="t18520614-596-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-596-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi>. Aged 24.—
<hi rend="italic">
<rs id="t18520614-596-punishment-11" type="punishmentDescription">
<interp inst="t18520614-596-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18520614-596-punishment-11" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-596-18520614 t18520614-596-punishment-11"/>Confined Four Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18520614-597">
<interp inst="t18520614-597" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-597" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-597-charge-1" targOrder="Y" targets="def1-597-18520614 t18520614-597-offence-1 t18520614-597-verdict-1"/>
<p>597.
<persName id="def1-597-18520614" type="defendantName">
<interp inst="def1-597-18520614" type="gender" value="male"/>
<interp inst="def1-597-18520614" type="surname" value="BISHOP"/>
<interp inst="def1-597-18520614" type="given" value="ROBERT"/>
<hi rend="largeCaps">ROBERT BISHOP</hi> </persName>
<rs id="t18520614-597-offence-1" type="offenceDescription">
<interp inst="t18520614-597-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18520614-597-offence-1" type="offenceSubcategory" value="libel"/>, unlawfully publishing a false, scandalous, and malicious libel upon
<persName id="t18520614-name-49" type="victimName">
<interp inst="t18520614-name-49" type="gender" value="male"/>
<interp inst="t18520614-name-49" type="surname" value="BURNS"/>
<interp inst="t18520614-name-49" type="given" value="JABEZ"/>
<join result="offenceVictim" targOrder="Y" targets="t18520614-597-offence-1 t18520614-name-49"/>Jabez Burns</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. BALLANTINE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">HOLL</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-50" type="witnessName">
<interp inst="t18520614-name-50" type="gender" value="male"/>
<interp inst="t18520614-name-50" type="surname" value="SANDAU"/>
<interp inst="t18520614-name-50" type="given" value="ANDREW VAN"/>ANDREW VAN SANDAU</persName> </hi>. I am a partner in the firm of Van Sandau and Cumming, and have been an attorney in practice upwards of thirty years. I was called on to act as attorney for Mr. Jabez Burns, shortly after the death of Mr. Gwenap—I was first introduced to him in the matter of the will of Mr. Gwenap—I had previously been Mr. Gwenap's attorney—I was also the attorney and friend of Mr. John Chapman, who was appointed co-execu
<lb/>tor with Dr. Hums—immediately after the testator's death Mr. Chapman put the will into my hands, I have the probate of it here (
<hi rend="italic">produced</hi>)—the attesting witnesses to it were Miss Hanuah King, and James Wyatt.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-51" type="witnessName">
<interp inst="t18520614-name-51" type="gender" value="male"/>
<interp inst="t18520614-name-51" type="surname" value="WYATT"/>
<interp inst="t18520614-name-51" type="given" value="JAMES"/>JAMES WYATT</persName> </hi>. I am one of the attesting witnesses to this deed.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-52" type="witnessName">
<interp inst="t18520614-name-52" type="gender" value="male"/>
<interp inst="t18520614-name-52" type="surname" value="SANDAU"/>
<interp inst="t18520614-name-52" type="given" value="VAN"/>MR. VAN SANDAU</persName> </hi>
<hi rend="italic">Continued.</hi> This deed grants an annuity of 95
<hi rend="italic">l</hi>. a year for certain charitable purposes; it is granted by the testator, Mr. Gwenap, to Dr. Burns and Robert Jesse Meakin, and is dated 26th Jan. 1839—Mr. Meakin was superseded by another trustee—I had spoken to Bishop about the deed before I saw Dr. Burns.</p>
<p>
<hi rend="smallCaps">MR. PARRY</hi>.
<hi rend="italic">Q.</hi> Were you not acting as attorney for Mr. and Mrs. Bishop?
<hi rend="italic">A.</hi> Not at that time; I did not become their attorney till about the</p>
<xptr type="pageFacsimile" doc="185206140016"/>
<p>period, or immediately after the suit was instituted of Gwenap and Burns, that was some time in Jan. 1851—I appeared in that suit for Mr. and Mrs. Bishop some time in Jan. 1851—at the time I had that communication with Bishop, it was not in relation to the suit which was afterwards instituted; it was when it was uncertain whether it would be instituted, still in my mind there was a contemplation that a suit would be necessary; but whether I should be concerned in it I did not know—at that time I was not the attorney of Mr. Bishop; he voluntarily called on me and made communi
<lb/>cations on the subject—I did not avail myself of those communications after
<lb/>wards for the purpose of the suit, not on his beha'f: the information I gained I unquestionably availed myself of in the suit—Mr. and Mrs. Bishop were defendants—Mr. Bishop did not consult me about the contemplated suit at the time be gave me the information—his wife was no doubt a daughter of the gentleman who left the property—these communications were relating to the property which afterwards came in litigation, they related to this deed—the testator died in Nov. 1850—these communications took place a very few days after his death, and continued up to the time the suit was instituted, and afterwards; but I did not consider myself retained for Mr. and Mrs. Bishop till the suit was instituted—it was instituted from the information which I received from Mr. Bishop, from the production of the documents, and my communication with Dr. Burns and Mr. Chapman—I was not acting also as attorney for Dr. Burns when Bishop first communicated to me; in the suit I was—I was acting for the plaintiffs, for Dr. Burns and some other of the defendants in the suit, but not for the Ways' or the Attorney-General—the plaintiffs were Miss Gwenap, Locke and wife, Mr. Knott, and an infant Louisa Gwenap, by her next friend—I have a retainer of Mr. Bishop's (
<hi rend="italic">produced</hi>—dated 11
<hi rend="italic">th Dec.</hi> 1850.)</p>
<p>(
<hi rend="smallCaps">MR. PARRY</hi>
<hi rend="italic">objected to the witness giving in evidence the communications made to him by Bishop, they being in the nature of privileged communications; for although he was not actually engaged as his attorney at the time they were made, yet when he afterwards became so, he availed himself of the information so acquired; this was not the privilege of the attorney, but of the client, and he contended that if his evidence was admitted, the rule of law would be defeated.</hi> (See
<hi rend="italic">Taylor on Evidence</hi>, p. 616).
<hi rend="smallCaps">MR. BALLANTINE</hi>
<hi rend="italic">contended that no privilege existed until the relation of client and attorney was established, and that relation not having commenced, the privilege did not exist, but he did not intend to ask the nature of Bishop's communication, only what the witness said to Bishop.</hi> The
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">was of opinion that such a question might be put.</hi>)</p>
<p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Did you communicate to Mr. Bishop anything in re
<lb/>lation to the will or the deed?
<hi rend="italic">A.</hi> The will had been placed in my hands almost immediately after the death of the testator—Bishop called on me, and made certain statements to me, concerning the property of the testator—I told him that on the face of the will there were charitable bequests, which were either wholly, or partially bad, and I must look into the matter connected with the rent charge (of 1839), which was referred to in, and confirmed by the will, to ascertain whether it was valid or otherwise—I am not aware that at that time I told him on what ground I doubted its validity—I did before I became his attorney—I told him verbally, that inasmuch as the rent charge had never been paid, I considered that totally vitiated the deed, and that was I believe before I had seen Dr. Burns on the subject, or had any communication with him—I afterwards communicated with him, and then became attorney for all the parties interested in the matter, excepting the Ways, and the Attorney-General—I did not communicate with the Attorney-General, before engaging</p>
<xptr type="pageFacsimile" doc="185206140017"/>
<p>in the suit—he was made a party to it, after it commenced—the whole context of the will was such that no executor could safely have acted under it, except under the sanction of the Court; almost every part of the will required the consideration and decision of the Court—the assent or dissent of the Attorney-General is not on the face of the record—I have a note from the Attorney-General's solicitor telling me Mr. James' opinion—the suit was instituted, and on July 15th, 1851, a decree was made, directing a reference to the Master to inquire whether any, and what proceedings should be taken, with a view to set aside the rent charge, and by whom—under that decree I carried into the Master's Office the state of facts, which I have here, on the part of the plaintiffs, alleging the rent charge to be valid on the face of it, but under the circumstances invalid; and on the part of Dr. Burns I carried in a submission, admitting the general accuracy of the plaintiffs' state of facts, that although he was not prepared to admit the invalidity of the rent charge, yet if the Attorney-General would consent, he was prepared to release, because he deprecated any proceedings to set it aside—I have the examined copies of both the hills in the two suits, and the original decree in that suit, referring it to the Master, with the Master's own endorse
<lb/>ment on it—in consequence of a difference of opinion on the part of the Attorney-General and Mr. Rolt, who was consulted, matters were forced to go on—the answer was filed, and on the admissions in the answer the decree was made—the answer was before the reference to the Master—I was at Bow-street on 5th April—Dr. Burns was there on two charges of perjury, one in the suit of Gwenap and Burns, and the other on his answer in Way and Burns—Mr. Bishop was present, and was examined as a witness—the case was dis
<lb/>missed without calling on Dr. Burns—on 27th April, when leaving my office, I found this letter (
<hi rend="italic">produced</hi>), which is in Bishop's writing.</p>
<p>
<hi rend="smallCaps">MR. PARRY</hi>.
<hi rend="italic">Q.</hi> Had you at this time ceased to be attorney for Mr. And Mrs. Bishop?
<hi rend="italic">A.</hi> Yes; although he had not at that time obtained the order, he had repudiated my services, and signed a request to another to act—no order of the Court of Chancery was served on me till some time in May, the order being dated 8th May—I was acting in the suit up to that time, as I had been all along—I had nothing particular to do for Bishop, but I was acting in the suit generally—it is necessary that before an attorney can be changed there must be an order—I had not at that time made efforts not to be changed, because I believed it would be more advantageous that I should represent all parties—an application was immediately afterwards made to remove me, but the Court refused the order, and dismissed the application with costs—I was not removed till 8th May, when the defendant was enabled to change his solicitor by bis own act—the plaintiffs were not—they made a special appli
<lb/>cation, which was refused—(
<hi rend="smallCaps">MR. PARRY</hi>
<hi rend="italic">submitted thai the whole of the letter was a privileged communication made by Bishop at the time he was a client of the witness.</hi> The
<hi rend="smallCaps">COURT</hi>,
<hi rend="italic">having read the letter, considered that the relation of the parties was such as to take it out of that category. This letter, being read, was dated</hi> 26
<hi rend="italic">th April,</hi> 1852,
<hi rend="italic">and commenced, "Sir,—It is my pleasure to inform you that, since the discovery of the wilful and corrupt perjury which your client, Mr. Jabez Burns, has so recklessly and daringly committed in these suits, all your letters to the different parties have been handed to me," &c. The remainder of the letter consisted chiefly of an attack on Mr. Van Sandau for his conduct in the suit.</hi>)</p>
<p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> I believe, after receiving that letter, you appeared at Guildhall?
<hi rend="italic">A.</hi> did, and afterwards, under your advice, at Bow-street, from where, as Mr. Bishop was not prepared to go into his own defence, the case was</p>
<xptr type="pageFacsimile" doc="185206140018"/>
<p>postponed, at his desire, and he was held to hail to appear that day week, and to keep the peace towards Dr. Burns and myself—he appeared that day week, on the same charge made before Mr. Jardine—previous to that time the bill had been found—it had stood over at the request of Mr. Bishop, and the bill was found at the next session of the Central Criminal Court—I learned that the bill had been found for perjury on the same day that this bill was found—both cases were postponed from last Session to the present—Dr. Burns was tried yesterday for the perjury, and acquitted.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PARRY</hi>.
<hi rend="italic">Q.</hi> Where did you find that letter when you got to your office?
<hi rend="italic">A.</hi> On the desk, where my letters are always placed; it had been opened by my partner, not in my presence—this was an annuity deed of 95
<hi rend="italic">l</hi>., charged on property which was, I believe, producing between 400
<hi rend="italic">l</hi>. and 500
<hi rend="italic">l</hi>. a year then—Mrs. Bishop was entitled to an annuity of 100
<hi rend="italic">l</hi>. out of the rents of that and other leasehold property—Dr. Burns was one of the trustees under the deed—I should say he was the acting trustee, although hitherto he had not acted under this deed—he was the executor of the will—the value of the property under the will was sworn under 6,000
<hi rend="italic">l</hi>.—that was all personalty—it includes the leasehold—there was no freehold property—I cannot tell what amount of funds is in Dr. Burns's possession under that will—there may be a few hundreds, I should presume about 700
<hi rend="italic">l</hi>. or 800
<hi rend="italic">l</hi>. In money, and the rest consists of the leasehold premises and the rents—I do not believe there is 1,600
<hi rend="italic">l</hi>. in his possession, but I am not prepared to state the amount—there have been receipts and payments—under the will, three daughters are entitled to annuities, payable out of the rents annually—the other property is all disposed of—three of the grandchildren take an interest out of the income, and the rest was given for charitable purposes, which is in part void—the first half-year's annuity has been paid to the relations; the second has not, because the principal part of the premises are out of tenancy, and because there are not rents to pay them—with the exception of several small legacies which have been paid, the great bulk is for different charitable purposes connected with the chapel—the date of the endorsement of the will is 10th July, 1849—the residuary legatees are Dr. Burns and Mr. Chapman, who has renounced—I believe the case did not take much more than half an hour to an hour's investigating before the Alderman before it was dismissed—I believe some letters of mine, and this letter also, were read by him—to the beet of my belief, the case did not occupy an hour—Mr. Lewis was the attorney at Bow-street for Mrs. Way—the suit of Gwenap and Burns was instituted for the purpose of invalidating the deed—afterwards a second suit was instituted of Way and Burns—a decree was made in Gwenap and Burns, raising the question—that was a friendly suit, instituted by all the family, including the Ways—the deed is in course of invalidation now—Dr. Burns still remains trustee—it is still in course of litigation in the suit of Gwenap and Burns—I should state that it was not possible in either suit to declare the deed invalid—the only decree that could be made was the decree which was made referring to the Master—the probability is that the first suit would have been over already, if it had not been for the institution of the second suit—that was a hostile suit, which has been stayed by the order of the Court, on account of their own statement and Dr. Burns' statement—I mean distinctly to swear that the suit was instituted by me in the utter conviction that the deed was absolutely bad, and that this suit would necessarily invalidate it—the several answers were put in for the purpose of the administration of the suit, with a view to determine the validity of the deed—Dr. Burns deprecates the continuance of the deed—he has sought to got rid of it, and he will not seek in</p>
<xptr type="pageFacsimile" doc="185206140019"/>
<p>any way to establish it; so much so, that I laid the case before Mr. Rolt, and sent a copy of it to the Attorney-General's solicitor, in order that Mr. Rolt might persuade Mr. James that there was no possible chance of main
<lb/>taining the deed.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-53" type="witnessName">
<interp inst="t18520614-name-53" type="gender" value="male"/>
<interp inst="t18520614-name-53" type="surname" value="BURNS"/>
<interp inst="t18520614-name-53" type="given" value="JABEZ"/>DR. JABEZ BURNS</persName> </hi>. I am a minister of a Baptist congregation at Enon Chapel—this is my seventeenth year—Mr. Gwenap was not a member of that congregation when I went, he became a member afterwards—I was very inti
<lb/>mately acquainted with him—before the deed in question was executed I knew something of the purposes for which it was intended—Mr. Gwenap was in a state of very delicate health, and he intimated to me his purpose to consider the charities which he was then supporting, after his death—I saw no deed; he intimated to me that he proposed to benefit the charities; beyond that I knew none of the particulars—I did not before or at the time of the execution of the deed enter into any arrangement that it should not be carried into effect—I did not at the time of its execution know of any such intention on the part of Mr. Gwenap—I was called upon to answer a bill in the Court of Chancery—Mr. Van Sandau was Mr. Gwenap's attorney, and afterwards became mine—every word that I stated in my answer was most strictly true; I could have no motive for anything else—I have not derived a single half farthing from the proceeds of this annuity—I am never likely to derive the smallest benefit from it—in the Chancery suit, I acted as exe
<lb/>cutor, and in no other capacity, and with no other view—a charge of perjury was made against me at Bow-street, which was dismissed—I had not the least notice of any bill being about to be preferred against me for the same thing—I signed this document (
<hi rend="italic">the memorandum</hi>)—do not know who brought it to me to sign—the purpose of the document was strictly this; myself and the other trustee of the deed knew at the time that the charities had not received the bequests, and we also presumed that we might be exposed to actions from the treasurers of the charities to pay what we had not received.—I do not know in whose writing it is—Bishop was in the room at the time it was signed—when I was called upon to make my answer I did not recollect this document—I did not speak to my co-trustee until I received a summons for perjury—I found out about this document when I waited upon Mr. Van Sandau—until he called my attention to it I recollected nothing at all about it; it had never been in my possession, and I had never seen it, it was left with the parties who would be benefited by it—I cannot exactly state what amount of funds I have now in my capacity as executor; I have surrendered accounts to the Court of Chancery very recently, I think probably 1,400
<hi rend="italic">l</hi>. Or 1,500
<hi rend="italic">l</hi>.; I am now speaking merely at random, I have that to account for to the estate.</p>
<p>
<hi rend="italic">Cross-examined.</hi> If you had recollected this document at the time you made your answer in the Court of Chancery, would it have made a difference in the answer you gave?
<hi rend="italic">A.</hi> It would not, with my conviction of what the answer purported—there was no arrangement at the time of the execution of this deed—there was no secret or open understanding that it should not take effect in possession—it was never agreed between me and Mr. Gwenap that I should not receive the moneys—I did not apply for them—there was never any understanding between me and the testator that these rents should not be taken—there was no understanding that the statute of mortmain should be defeated, nothing of the kind—the rent charge never was received under this deed—there is a sum of 10
<hi rend="italic">l</hi>. for the Home Missionary Society that is not independent of the chapel, it was to be paid into other hands by me as trustee, to the treasurer of our own cbapel; the officers of the chapel were</p>
<xptr type="pageFacsimile" doc="185206140020"/>
<p>made acquainted with this deed—I do not think they knew of it when it was executed—I do not know when, I should say within a few years afterwards probably two or three years afterwards—I think I can give a very good rea
<lb/>son for not mentioning it before; Mr. Gwenap was trustee of the chapel, treasurer of the chapel, and himself had to do with all the charities of the chapel—we govern on the congregational system—there are two deacons—we have frequent meetings for the purpose of the government of the chapel—I do not remember the time when I communicated the existence of the deed, but it was within two or three years—I signed the deed, I presume, when it was executed.</p>
<p>
<hi rend="italic">Q.</hi> Do you really mean to say that you did not know anything about the contents of the deed before it was executed, or how the 95
<hi rend="italic">l</hi>. was to be dis
<lb/>tributed?
<hi rend="italic">A.</hi> I have already stated that Mr. Gwenap had intimated generally his purpose respecting the charities he intended to benefit—one of them is for an increase in the salary of the minister, upon certain conditions, if it did not reach a certain sum—I have never availed myself of that, or had the necessity of doing so—I wish to get rid of this deed altogether; I have sought to do so—that has been my object—hitherto I have failed in doing so—I really do not know technically whether I have put in two answers; I believe I have—I believe I knew that I was answering a bill filed for invali
<lb/>dating the deed—I have always consented to the invalidation of the deed—I answered the bill; I believe that answer was read yesterday, and it distinctly admitted the ground of invalidity stated by the other party—the deed was certainly intended to be enforced originally, but afterwards not—the deed is not yet invalidated; I wish it was—I presume I was present at the execution of the will of Mr. Gwenap; I think he was then in his eighty-second year—he was eighty-six at the time of his death—if his will was executed in 1849, I am mistaken as to the date; I thought it was three or four years before his death—I forgot that, as I did that document—I had conversation with him about his will before—I was perfectly aware of his intentions respect
<lb/>ing it—I was very intimate with him, and had been for sixteen years, since I had been pastor of this chapel—there was a transaction between him and me about a check—I did not in June, 1850, before his death in Nov., ask him to draw a check for the arrears of the annuity—I was present at the examina
<lb/>tion of Miss Gwenap yesterday, painfully so—what she stated was perfectly false—the check was drawn under the impression that the whole affair, with respect to the charities, would probably be exposed to litigation—it was drawn to protect myself and the other trustee from any consequences under the deed—it was a check intended to be presented to the officers of the church—it was presented to them, and returned to Mr. Gwenap that same evening—I think the 1,045
<hi rend="italic">l</hi>. represented the eleven years arrears of the annuity—I intended the officers, when they received the check, to do with it as they pleased—it had not been arranged between myself and the officers what should be done about the check—nothing had been arranged—I took the check to the trustees and officers of the church, and they returned it to Mr. Gwenap the very same evening—I do not remember that I had before that explained either to the trustees or officers anything about this check—I can certainly state on my oath, positively, that it had not been previously arranged all that was to be done—I had not mentioned anything about this check to the trustees or officers—I might have had conversation with the officers of the chapel with respect to the circumstances of the grants and the arrears; I think I did—I think it is probable—I certainly never told Mr. Gwenap when tge check was drawn, that it should not be presented, but should</p>
<xptr type="pageFacsimile" doc="185206140021"/>
<p>be returned to him—if Miss Gwenap stated that yesterday, I say it is untrue—I really do not know whether she was present—before I took the check to the chapel, I presume no person knew that I was going to get a check from Mr. Gwenap—I had given them no information about any check, certainly—I cannot at all make oath as to whether I conversed with the officers of the church on the subject of any payment of arrears—this is the check (
<hi rend="italic">looking at it</hi>)—I did not dictate the check—I am not conscious that I dictated any paper to him that evening—I think Mr. Gwenap became aware that we, as trustees, were exposed to litigation—I have already stated that, and, there
<lb/>fore, as we had committed no error in that matter, he was anxious we should not be exposed to personal responsibility; and, therefore, this check was written and presented to the officers of the church—I did not know that it was never intended to present the check, or to make use of it in any way, to recover the testator's money from him—there can be no mistake about that—I presumed there would be no use made of it—I did not tell Mr. Gwenap so; I could not tell him that—he voluntarily gave me the check, which he wished me to present to the officers of the church—there was no understanding, or engagement, that it should be returned to bim, or that it should not be pre
<lb/>sented at his bankers'—he did not state that at that time he had not 180
<hi rend="italic">l</hi>. at his bankers'—I do not know that he had not; I did not know it then—I heard the bankers' clerk examined yesterday—I am not aware that the check was post dated—I do not know that Mr. Gwenap post dated it, for the purpose of protecting himself—I am not aware that I have stated that it was a post dated check.</p>
<p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Up to this time, although none of the arrears of the annuity had been paid, had Mr. Gwenap been at all a benefactor to the charities?
<hi rend="italic">A.</hi> Very liberal—at the time the check was presented to the officers of the chapel, this document was also received from Mr. Gwenap—it is his handwriting—he was eighty-three years old at that time—(
<hi rend="italic">read</hi>—"38, Grove-road, St. John's-lane; June 14th, 1850. Received from the Rev. Jabez Burns the check I had sent for 1,045
<hi rend="italic">l</hi>., which has been returned on the ground of the donations I have contributed, and which were considered a complete indemnity for the gift of the said bond or deed of Jan 26th, 1850.
<hi rend="italic">Signed</hi>, Thomas Gwenap."</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-54" type="witnessName">
<interp inst="t18520614-name-54" type="gender" value="male"/>
<interp inst="t18520614-name-54" type="surname" value="BALFOUR"/>
<interp inst="t18520614-name-54" type="given" value="JAMES"/>JAMES BALFOUR</persName> </hi>. I am a member of this congregation, and have been so about twelve years. At the time this check was brought from Mr. Gwenap. I was one of the officers of the church, and am now—neither I nor the other officers were aware before the check was brought that it was to be brought.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> How many other officers were there?
<hi rend="italic">A.</hi> I think from recollection there might have been eight or nine at least present—I recollect the circumstance of the check well—I cannot remember when I first heard of the deed—I did not hear of it before Mr. East was made trustee—I have no recollection when that was—it was about 1843—when I heard of it Mr. East was a trustee—I moved a resolution on the occasion, which was entered in the church book—this is the book—it was first entered in a rough book—I remember the sort of resolution it was—I remember that we considered it a
<hi rend="italic">bond fide</hi> check, and at the same time we owed Mr. Gwenap 900
<hi rend="italic">l</hi>., and I remember that I made the remark, that if we chose we could pay the 900
<hi rend="italic">l</hi>. with that check.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-55" type="witnessName">
<interp inst="t18520614-name-55" type="gender" value="male"/>
<interp inst="t18520614-name-55" type="surname" value="BURNS"/>
<interp inst="t18520614-name-55" type="given" value="JABEZ"/>DR. JABEZ BURNS</persName> </hi>
<hi rend="italic">re-examined.</hi> I believe Mr. East was made a trustee in 1813—he was examined yesterday, also Miss Gwenap, the bankers' clerk, and the attesting witness to the deed—Mr. Bishop was not examined, which I was very sorry for—I was at Bow-street on the charge against him—I was</p>
<xptr type="pageFacsimile" doc="185206140022"/>
<p>examined slightly, not about the deed—there was no evidence given about it—I was not examined at Guildhall.</p>
<p>
<hi rend="smallCaps">MR. PARRY</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">JAMES WYATT</hi>.
<hi rend="italic">Q.</hi> At the time of the execution of this deed, was it explained to Mr. Gwenap before he executed it that if he died within the year it would not operate?
<hi rend="italic">A.</hi> It was, after that it was executed.</p>
<p>
<hi rend="smallCaps">MR. PARRY</hi>
<hi rend="italic">submitted that there was no proof that the statement in the letter was false to the defendant's knowledge, although he admitted that if the word malicious were struck out, it amounted to a defamatory libel, and on the defendant's behalf he begged to retract the charge he had made against Dr. Burns.
<hi rend="smallCaps">MR. BALLANTINE</hi> stated that he was not anxious to press for a verdict upon the other part of the charge, or for any punishment.</hi> </p>
<p>
<rs id="t18520614-597-verdict-1" type="verdictDescription">
<interp inst="t18520614-597-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-597-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of a defamatory libel</hi> </rs>.—
<hi rend="italic">
<rs id="t18520614-597-punishment-12" type="punishmentDescription">
<interp inst="t18520614-597-punishment-12" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18520614-597-punishment-12" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-597-18520614 t18520614-597-punishment-12"/>To enter into his own Recognizance to appear</rs> </hi> </p>
<p>
<hi rend="italic">and receive Judgment when called upon.</hi> </p> </div1>
<div1 type="trialAccount" id="t18520614-598">
<interp inst="t18520614-598" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-598" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-598-charge-1" targOrder="Y" targets="def1-598-18520614 t18520614-598-offence-1 t18520614-598-verdict-1"/>
<p>598.
<persName id="def1-598-18520614" type="defendantName">
<interp inst="def1-598-18520614" type="gender" value="male"/>
<interp inst="def1-598-18520614" type="age" value="28"/>
<interp inst="def1-598-18520614" type="surname" value="LEE"/>
<interp inst="def1-598-18520614" type="given" value="ROBERT"/>
<hi rend="largeCaps">ROBERT LEE</hi> </persName>
<rs id="t18520614-598-offence-1" type="offenceDescription">
<interp inst="t18520614-598-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18520614-598-offence-1" type="offenceSubcategory" value="fraud"/>, unlawfully obtaining goods by false pretences.</rs> </p>
<p>
<hi rend="smallCaps">MR. BALLANTINE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-57" type="witnessName">
<interp inst="t18520614-name-57" type="gender" value="male"/>
<interp inst="t18520614-name-57" type="surname" value="AUBER"/>
<interp inst="t18520614-name-57" type="given" value="JAMES"/>JAMES AUBER</persName> </hi>. I am clerk to Messrs. Mears, bell-founders, of White-chapel. On 27th April I received this letter (
<hi rend="italic">produced</hi>), in consequence of which, on the following morning, I went to 23, Old Fish-street, and saw a woman, who sent for the prisoner—he said he had an order to fit up a gentle
<lb/>man's mansion, in the country, with two large bells, and he likewise had a warehouse to fit up with alarums; that he wanted the things very quickly, and wanted to know when he could have them—I produced the letter to him, I believe he did not say anything about it—I told him I did not exactly know what bells Messrs. Mears had in stock; he had better come down to the foundry—I had not known him before.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PARRY</hi>.
<hi rend="italic">Q.</hi> You had known his father?
<hi rend="italic">A.</hi> No; I had never seen him then; I have since—I do not know that he dealt with our firm—the prisoner keeps a small shop—he is a locksmith, bellhanger, and smith—those are the persons we usually supply—I do not recollect that he said he wanted some bells suitable for a large warehouse, or as call or dinner bells, or that he wanted such bells as his father had been formerly in the habit of having; to the best of my belief, he did not—I believe his words were, that he had got an order to fit up a warehouse with alarums; not that he expected to have the order.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-58" type="witnessName">
<interp inst="t18520614-name-58" type="gender" value="male"/>
<interp inst="t18520614-name-58" type="surname" value="MEARS"/>
<interp inst="t18520614-name-58" type="given" value="JOHN"/>JOHN MEARS</persName> </hi>. I live at the foundry; I am not a member of the firm. On 27th April the prisoner came, and said he wished to look at two bells, of 2 cwt. each, for a contract he had got in the country—I told him we had not any of that size made then, but there was another small bell, which he said would do—I said we were making some, which he could have—he then said he wished for four dozen alarums for warehouse doors—he went with me up to another part of the warehouse to look out the size—he then said he had left his pocket-book, containing the order—I said it was very unfortunate—the small bell was sent to him on 29th April, by my brother's cart, and on 1st May a town carman delivered to him the second bell, and the four dozen alarums—on 14th May I went to a shop in Cow-cross, and saw two of the alarums, and the large bell, which had been delivered by the carman on 1st May—it was worth about 13
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>.—I have also seen the bell which went away on 29th April, at a saleroom in Leadenhall-street—I had my brother's consent before I parted with the articles—the large bell left between 3 and 4 o'clock on 1st May.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Did you have references?
<hi rend="italic">A.</hi> Our clerk had; I never knew the prisoner's father dealing with us, and never saw him—I did</p>
<xptr type="pageFacsimile" doc="185206140023"/>
<p>not look to see whether his father dealt with my father—his father was in the same business—I do not know that the prisoner was threatened to be sued—he was applied to for the money—when we found the goods hsd been sold, my brother put the matter into the hands of a solicitor, to recover the amount—I did not agree to give three months' credit—I do not think my brother would give any credit at all.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-59" type="witnessName">
<interp inst="t18520614-name-59" type="gender" value="male"/>
<interp inst="t18520614-name-59" type="surname" value="MOSS"/>
<interp inst="t18520614-name-59" type="given" value="JOHN"/>JOHN MOSS</persName> </hi> (
<hi rend="italic">City policeman</hi>). I know the prisoner's writing—I believe this letter to be written by him—(
<hi rend="italic">read</hi>—"April 26th, 1852. Gentlemen,—Requiring two bells, about 2 cwts. each, and also four dozen of alarum bells suitable for large warehouse doors, I can give you an order for the same, on my usual terms, three months' credit, the same credit you gave my father. Perhaps you do not recollect us. I wish to know the price of the two large bells: they are for a gentleman's country mansion, and must not be less than 2 cwts. each bell: and how soon I can have the same, as I am greatly
<hi rend="italic">drove</hi> to execute the order in time. Awaiting your reply, I remain, your obedient,
<hi rend="smallCaps">ROBERT LEE</hi>."</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-60" type="witnessName">
<interp inst="t18520614-name-60" type="gender" value="male"/>
<interp inst="t18520614-name-60" type="surname" value="MEARS"/>
<interp inst="t18520614-name-60" type="given" value="CHARLES"/>CHARLES MEARS</persName> </hi>. I am a bell-founder, of Whitechapel, and have one partner. I saw this letter, and gave directions to our clerk to call on Mr. Lee—I consulted him on his return, and said the goods might go, believing he wanted them for a country mansion, and that he was much
<hi rend="italic">drove</hi> to perform the order.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Did you also send your clerk to get some references?
<hi rend="italic">A.</hi> Yes, but we did not get them till we had supplied the goods—I gave my clerk no instructions to supply the goods on credit—I got a friend to apply to the references, and he sent me this letter (
<hi rend="italic">produced</hi>).</p>
<p>
<hi rend="smallCaps">MR. PARRY</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">JAMES AUBER</hi>.
<hi rend="italic">Q.</hi> Did you go back a second time to Lee before the goods were delivered?
<hi rend="italic">A.</hi> No, only once; it was after the first bell was delivered that we got the references—I applied to one reference, and the other I went to three times, and Could not see.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-61" type="witnessName">
<interp inst="t18520614-name-61" type="gender" value="male"/>
<interp inst="t18520614-name-61" type="surname" value="THOMPSON"/>
<interp inst="t18520614-name-61" type="given" value="JOHN"/>JOHN THOMPSON</persName> </hi>. I am a machinery broker. I have got a bell at home, which was shown to Mr. Mears—it was hanging up in front of the house—the prisoner brought it to me on 1st May, in a cart, with a lot of alarums, and asked me to buy it—he said he had got a contract for a gentleman's mansion in the country, who had afterwards given up the contract, and had paid half the expense of casting it; it was of no use to him, and he wanted to dispose of it—I asked him what he wanted for it—he said 7
<hi rend="italic">l</hi>.—I offered him 6
<hi rend="italic">l</hi>.—he shut up the tailboard of the cart, and then said, "Will you give six guineas?"—I said, "Yes;" and he asked me to make it 6
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., and take the two alarums, which I did—I cannot recollect what time of day it was, but I think it was about the middle of the day—the name of Mears was on the bell.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-62" type="witnessName">
<interp inst="t18520614-name-62" type="gender" value="male"/>
<interp inst="t18520614-name-62" type="surname" value="KELLY"/>
<interp inst="t18520614-name-62" type="given" value="HENRY"/>HENRY KELLY</persName> </hi>. I am a master carman. On 1st May, between 3 and 4 o'clock, I brought away a great bell from Messrs. Mears', by the prisoner's instructions—he told me to take it to Mr. Whatmore's first—he is in the same way as Mr. Thompson—the prisoner rode with me there—I do not know what was done there—I stopped with my cart, and then we went on, and the three dozen and ten alarums I took to Mr. Lee's warehouse.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> What time was it when you got to Mr. "Whatmore's?
<hi rend="italic">A.</hi> About 5 o'clock in the afternoon—I saw Thompson at the shop, and saw the bell and two alarums delivered into his warehouse.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-63" type="witnessName">
<interp inst="t18520614-name-63" type="gender" value="male"/>
<interp inst="t18520614-name-63" type="surname" value="THOMAS"/>
<interp inst="t18520614-name-63" type="given" value="FREDERICK WILLIAM"/>FREDERICK WILLIAM THOMAS</persName> </hi>. I am an auctioneer. I have had a great many transactions with the prisoner, and have lent him a great deal of money—I got a large bell from the prisoner's agent, between 24th April</p>
<xptr type="pageFacsimile" doc="185206140024"/>
<p>and 1st May—I showed it to Mr. Mears, and asked him whether he would buy it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-64" type="witnessName">
<interp inst="t18520614-name-64" type="gender" value="male"/>
<interp inst="t18520614-name-64" type="surname" value="MEARS"/>
<interp inst="t18520614-name-64" type="given" value="CHARLES"/>CHARLES MEARS</persName> </hi>. I have seen the bell; it is mine, and is worth some
<lb/>thing like 12
<hi rend="italic">l</hi>.; the other bell was about the same value.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Are not some bells made exactly the same size?
<hi rend="italic">A.</hi> It might happen so; but it is very seldom they come to exactly the same weight; I did not weigh it, the weight was marked on it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-65" type="witnessName">
<interp inst="t18520614-name-65" type="gender" value="male"/>
<interp inst="t18520614-name-65" type="surname" value="RAYMOND"/>
<interp inst="t18520614-name-65" type="given" value="GEORGE"/>GEORGE RAYMOND</persName> </hi>. I took a bell, on 29th April, from Mears's warehouse to the prisoner's, in Old Fish-street, and left it there by their desire.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-66" type="witnessName">
<interp inst="t18520614-name-66" type="gender" value="male"/>
<interp inst="t18520614-name-66" type="surname" value="MOSS"/>
<interp inst="t18520614-name-66" type="given" value="JOHN"/>JOHN MOSS</persName> </hi>
<hi rend="italic">re-examined.</hi> I took the prisoner on 17th May—he asked where I was going to take him to—I said, "To Leman-street police-station, and from there to the Thames police"—he said he was glad of it; he was not treated fairly at Guildhall, the Magistrates there were a set of
<hi rend="italic">snobs.</hi> </p>
<p>(
<hi rend="italic">The prisoner received a good character.</hi>)</p>
<p>
<hi rend="smallCaps">
<rs id="t18520614-598-verdict-1" type="verdictDescription">
<interp inst="t18520614-598-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18520614-598-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18520614-599">
<interp inst="t18520614-599" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-599" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-599-charge-1" targOrder="Y" targets="def1-599-18520614 t18520614-599-offence-1 t18520614-599-verdict-1"/>
<p>599.
<persName id="def1-599-18520614" type="defendantName">
<interp inst="def1-599-18520614" type="gender" value="male"/>
<interp inst="def1-599-18520614" type="age" value="28"/>
<interp inst="def1-599-18520614" type="surname" value="LEE"/>
<interp inst="def1-599-18520614" type="given" value="ROBERT"/>
<hi rend="largeCaps">ROBERT LEE</hi> </persName> was
<hi rend="italic">again</hi> indicted
<rs id="t18520614-599-offence-1" type="offenceDescription">
<interp inst="t18520614-599-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18520614-599-offence-1" type="offenceSubcategory" value="fraud"/> for a like offence.</rs> </p>
<p>
<hi rend="smallCaps">MR. BALLANTINE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-68" type="witnessName">
<interp inst="t18520614-name-68" type="gender" value="male"/>
<interp inst="t18520614-name-68" type="surname" value="MEACOCK"/>
<interp inst="t18520614-name-68" type="given" value="JAMES"/>JAMES MEACOCK</persName> </hi>. I am a gas-fitter, of No. 7, Snow-hill. I have seen the prisoner two or three times; he is a smith and bell-hanger—on the evening of 16th April he came to my place, and said he had got a job for a gentleman in the country, one of his customers, to fit up his house with a lot of gas-fittings—he went into the shop with me, and pointed out a double-jointed bracket—I had done one little job before for him, to the amount of about 4
<hi rend="italic">s</hi>. or 5
<hi rend="italic">s</hi>., three or four months before—he said he should want nine of them, and one three-light, to the amount of 2
<hi rend="italic">l</hi>.; 300 feet of 5-8th inch tin pipe, and a meter—he wanted to know the price, because he said he had to tell the gentleman the price before he gave him the job—I went into the counting-house—one of my clerks summed up the price, and I told him it would be 14
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>.—he said he would let me know next morning, as soon as he had seen the gentleman—next morning I received these two letters from him (
<hi rend="italic">produced</hi>)—I did not see him afterwards about them—(
<hi rend="italic">the policeman, Moss, deposed to the letters being in the prisoner's writing: read</hi>—"Sir,—I have seen the gentleman this morning concerning the gaswork which I waited on you yesterday; and as I have got the same at a very little more than I shall have to pay you, shall require a short credit; and the order must be com
<lb/>pleted on Wednesday evening next, without fail, as the same must be sent into the country by rail on Thursday morning")—upon that, I put the goods in hand immediately, and sent them by three lads, with my porter, on Wed
<lb/>nesday, 21st April—about four days afterwards I sent my clerk for the money; after which I received the second letter—(
<hi rend="italic">read</hi>—"23, Old Fish-street, April 30th. Mr. Meacock,—I am extremely sorry I could not settle you're account, owing to being disappointed myself. I must beg of you to wait till about three weeks, and then I am promised cash; or, if it will suit you better to draw a bill for two months from the date of my order, I will accept it; it will suit me much better. And I require, to complete my order, one more chandelier, the same pattern; 100 feet of pipe, and four more brackets; and as soon as I have completed the above I can draw. Awaiting your reply, &c, H.
<hi rend="smallCaps">LEE</hi>.")—on 3rd May I went to Whatmore's, in Cow-cross, who deals in iron pipe and gas fittings—the first thing I saw was the meter I had supplied to the prisoner—I knew it by the number—we number every one of them—the goods I sold the prisoner were worth 14
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>.—Whatmore is not here—he showed me a receipt—he was bound over by the Magistrate, but has not appeared since—I went with a policeman in plain clothes to the</p>
<xptr type="pageFacsimile" doc="185206140025"/>
<p>prisoner's shop, and saw a female—I afterwards saw the prisoner, and said, "By your letter, I understand you want some more goods"—he said, "Yes"—I said, "What is it you want?"—he went into the counting-house, turned over a book, and said, "I remember now; I want four more double-jointed brackets, 100 feet of pipe, and one more chandelier"—I said, "Have you fixed the others?"—he said, "Yes"—I asked him who the gentleman was he had got the order from—he said he did not think that concerned me—I said I thought it did—he said, "Then I shan't tell you"—I said, "Well, if you won't tell me, you will tell somebody else perhaps, for this party standing beside me is a policeman"—I gave him into custody—he said, could not I stop—I said, "No"—when parties have a job, and have not got the money to get goods, they come to me, and I trust them till the job is finished, and then they pay me—it was on that representation I parted with these goods.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PARRY</hi>.
<hi rend="italic">Q.</hi> Did you make the meter yourself?
<hi rend="italic">A.</hi> I had it made on my premises, and all the goods, except the pipe—we number every meter—we all have different badges—we put the number on the badge which is a metal stamp in front of the meter—I did not solicit orders of the prisoner—I never gave him my card.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-69" type="witnessName">
<interp inst="t18520614-name-69" type="gender" value="male"/>
<interp inst="t18520614-name-69" type="surname" value="GASHEN"/>
<interp inst="t18520614-name-69" type="given" value="MICHAEL"/>MICHAEL GASHEN</persName> </hi>. I live at 28, Cow Cross-street. I know the prisoner—on Saturday 17th April, he brought me two old taps, which I gave him 10
<hi rend="italic">s</hi>. for—he asked me if I bought any brass fittings—I said, "No," and he asked if I could recommend him anybody to purchase them—I said I could recommend Mr. Whatmore, on the opposite side of the way—he said he had lost a job which he had in the country, and therefore wanted to sell the things, and they would arrive from the country on Wednesday, at 4 o'clock—I called on him on Wednesday, and took Mr. Whatmore with me—the prisoner was not at home, we went again in three quarters of an hour, and he opened the door for us—it was then a quarter to 5—he said, "Come in, they are inside the shop"—I went in, and saw a lot of brass gas fittings, a meter, several brackets, and a roll of pewter pipe—he asked 9
<hi rend="italic">l</hi>. for them—Mr. Whatmore said he would give 6
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., but what he gave ultimately I do not know, as I was not there when he paid the money—he wanted a stamped receipt, and we all went to a public house—he wrote something on the receipt, and the prisoner had it in his hand until Whatmore paid him, which was not until he had got a cart and put the goods in it—I do not know where he is now—I have not seen him for above a week—he was an opposite neighbour—he gave me 10
<hi rend="italic">s</hi>. for my trouble.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-70" type="witnessName">
<interp inst="t18520614-name-70" type="gender" value="male"/>
<interp inst="t18520614-name-70" type="surname" value="CHILDS"/>
<interp inst="t18520614-name-70" type="given" value="THOMAS"/>THOMAS CHILDS</persName> </hi>. I am porter to Mr. Meacock. On Wednesday, 21st April, about half past 5, or 6 o'clock in the evening, I took to the prisoner nine double jointed brackets, a ten light meter, a three light chandelier, and a roll of tin pipe—I left them with him; he gave me 6
<hi rend="italic">d</hi>., and I left.</p>
<p>(
<hi rend="italic">John Whatmore being called did not appear.</hi>)</p>
<p>
<hi rend="smallCaps">
<rs id="t18520614-599-verdict-1" type="verdictDescription">
<interp inst="t18520614-599-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-599-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.* Aged 28.—
<hi rend="italic">
<rs id="t18520614-599-punishment-13" type="punishmentDescription">
<interp inst="t18520614-599-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18520614-599-punishment-13" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-599-18520614 t18520614-599-punishment-13"/>Confined Four Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18520614-600">
<interp inst="t18520614-600" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-600" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-600-charge-1" targOrder="Y" targets="def1-600-18520614 t18520614-600-offence-1 t18520614-600-verdict-1"/>
<p>600.
<persName id="def1-600-18520614" type="defendantName">
<interp inst="def1-600-18520614" type="gender" value="male"/>
<interp inst="def1-600-18520614" type="age" value="18"/>
<interp inst="def1-600-18520614" type="surname" value="COTTON"/>
<interp inst="def1-600-18520614" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN COTTON</hi> </persName>
<rs id="t18520614-600-offence-1" type="offenceDescription">
<interp inst="t18520614-600-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18520614-600-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, stealing 1 coat, 1 waistcoat, and 1 pair of trowsers, value 3
<hi rend="italic">l</hi>.: the goods of
<persName id="t18520614-name-72" type="victimName">
<interp inst="t18520614-name-72" type="gender" value="male"/>
<interp inst="t18520614-name-72" type="surname" value="CHALKLEY"/>
<interp inst="t18520614-name-72" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18520614-600-offence-1 t18520614-name-72"/>John Chalkley</persName>, in his dwelling house.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-73" type="witnessName">
<interp inst="t18520614-name-73" type="gender" value="male"/>
<interp inst="t18520614-name-73" type="surname" value="CHALKLEY"/>
<interp inst="t18520614-name-73" type="given" value="JOHN"/>JOHN CHALKLEY</persName> </hi>. I live at Tottenham. On Monday, 24th May, I left my house between 8 and 9 o'clock in the morning, leaving my wife there; she had to go to town, and was to leave the back door open for me to get in, when I came home—I came home about twenty minutes past twelve, and found the prisoner in the house—I had known him before—he had worked for me two or three years—I told him he had no business there—he said he came to get a lucifer, to light his pipe—he went away—he was sober</p>
<xptr type="pageFacsimile" doc="185206140026"/>
<p>—my wife came home about five, and between eight and nine we missed a jacket, a blue coat, a pair of trowsers, a waistcoat, a velvet coat, and a silk handkerchief—I went to look for the prisoner, and found him lying under a hay
<hi rend="italic">kelt</hi>—I think he was in liquor—I found under him this coat, two pairs of trowsers, and waistcoat (
<hi rend="italic">produced</hi>)—they are mine.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-74" type="witnessName">
<interp inst="t18520614-name-74" type="gender" value="male"/>
<interp inst="t18520614-name-74" type="surname" value="HOLLAND"/>
<interp inst="t18520614-name-74" type="given" value="WILLIAM"/>WILLIAM HOLLAND</persName> </hi> (
<hi rend="italic">policeman, V</hi> 437). The prisoner was given in my charge—he was lying on a hay
<hi rend="italic">kelt</hi>—it was about half past twelve at night—he appeared the worse for liquor, but was not drunk—in going to the station he said he did not care a damn about it, it would spare him the trouble of going for a soldier.</p>
<p>
<hi rend="smallCaps">
<rs id="t18520614-600-verdict-1" type="verdictDescription">
<interp inst="t18520614-600-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-600-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.* Aged 18.—
<hi rend="italic">
<rs id="t18520614-600-punishment-14" type="punishmentDescription">
<interp inst="t18520614-600-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18520614-600-punishment-14" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-600-18520614 t18520614-600-punishment-14"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18520614-601">
<interp inst="t18520614-601" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-601" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-601-charge-1" targOrder="Y" targets="def1-601-18520614 t18520614-601-offence-1 t18520614-601-verdict-1"/>
<p>601.
<persName id="def1-601-18520614" type="defendantName">
<interp inst="def1-601-18520614" type="gender" value="male"/>
<interp inst="def1-601-18520614" type="surname" value="COOPER"/>
<interp inst="def1-601-18520614" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS COOPER</hi> </persName> was indicted
<rs id="t18520614-601-offence-1" type="offenceDescription">
<interp inst="t18520614-601-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18520614-601-offence-1" type="offenceSubcategory" value="perjury"/> for wilful and corrupt perjury, upon which Mr. Clarkson offered no evidence.</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18520614-601-verdict-1" type="verdictDescription">
<interp inst="t18520614-601-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18520614-601-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, June</hi> 15
<hi rend="italic">th</hi>, 1852.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>
<hi rend="smallCaps">SIR GEORGE CARROLL</hi>, Knt., Ald.; and Mr.
<hi rend="smallCaps">COMMON SERJEANT</hi>.</p>
<p>
<hi rend="italic">Mr. Common Serjeant and the Sixth Jury.</hi> </p>
<div1 type="trialAccount" id="t18520614-602">
<interp inst="t18520614-602" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-602" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-602-charge-1" targOrder="Y" targets="def1-602-18520614 t18520614-602-offence-1 t18520614-602-verdict-1"/>
<p>602.
<persName id="def1-602-18520614" type="defendantName">
<interp inst="def1-602-18520614" type="gender" value="male"/>
<interp inst="def1-602-18520614" type="age" value="20"/>
<interp inst="def1-602-18520614" type="surname" value="WATEN"/>
<interp inst="def1-602-18520614" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN WATEN</hi> </persName> was indicted
<rs id="t18520614-602-offence-1" type="offenceDescription">
<interp inst="t18520614-602-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18520614-602-offence-1" type="offenceSubcategory" value="coiningOffences"/> for unlawfully uttering counterfeit coin: to which he pleaded</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18520614-602-verdict-1" type="verdictDescription">
<interp inst="t18520614-602-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-602-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi>. Aged 20.—
<hi rend="italic">
<rs id="t18520614-602-punishment-15" type="punishmentDescription">
<interp inst="t18520614-602-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18520614-602-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-602-18520614 t18520614-602-punishment-15"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18520614-603">
<interp inst="t18520614-603" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-603" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-603-charge-1" targOrder="Y" targets="def1-603-18520614 t18520614-603-offence-1 t18520614-603-verdict-1"/>
<p>603.
<persName id="def1-603-18520614" type="defendantName">
<interp inst="def1-603-18520614" type="gender" value="male"/>
<interp inst="def1-603-18520614" type="age" value="55"/>
<interp inst="def1-603-18520614" type="surname" value="WARD"/>
<interp inst="def1-603-18520614" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN WARD</hi> </persName> was indicted
<rs id="t18520614-603-offence-1" type="offenceDescription">
<interp inst="t18520614-603-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18520614-603-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<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>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-78" type="witnessName">
<interp inst="t18520614-name-78" type="gender" value="male"/>
<interp inst="t18520614-name-78" type="surname" value="BRYANT"/>
<interp inst="t18520614-name-78" type="given" value="WILLIAM"/>WILLIAM BRYANT</persName> </hi>. I am a cheesemonger, of the Edgware-road. On 20th May, about half past 8 o'clock in the evening, the prisoner came and purchased a piece of bacon—it came to 1
<hi rend="italic">s</hi>. 0 1/2
<hi rend="italic">d</hi>.—he said, "You can take a shilling for it"—I said, "No, it is very low, we cannot abate anything"—he tendered me a 5
<hi rend="italic">s</hi>.-piece, which was bad—I knocked it with a 21b. weight, and it curled up or doubled—I told him I thought he knew it was bad—he said he had taken it in Hampton-terrace, which is only a small distance off—I stood a minute or two, reasoning with him, and he said, "It matters not much to you; take for the bacon out of this," and put down a half crown, which was also bad—I returned him the 5
<hi rend="italic">s</hi>.-piece, as I knew it was so disfigured he could not offer it anywhere else—I called an officer, and gave him the half crown—I saw the 5
<hi rend="italic">s</hi>.-piece found on the prisoner.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-79" type="witnessName">
<interp inst="t18520614-name-79" type="gender" value="male"/>
<interp inst="t18520614-name-79" type="surname" value="ISON"/>
<interp inst="t18520614-name-79" type="given" value="WILLIAM"/>WILLIAM ISON</persName> </hi> (
<hi rend="italic">policeman, D</hi> 81). I took the prisoner—I got half a crown from Bryant, and the crown from the prisoner—these are them.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-80" type="witnessName">
<interp inst="t18520614-name-80" type="gender" value="male"/>
<interp inst="t18520614-name-80" type="surname" value="WEBSTER"/>
<interp inst="t18520614-name-80" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi> I am inspector of coin to the Royal Mint. These pieces are both counterfeit, and made of Britannia metal.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I was not aware it was bad; I had received some money of my employer, and had changed a sovereign; I am quite a stranger to it; I don't know bad money.</p>
<p>
<hi rend="smallCaps">
<rs id="t18520614-603-verdict-1" type="verdictDescription">
<interp inst="t18520614-603-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-603-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 55.—
<hi rend="italic">
<rs id="t18520614-603-punishment-16" type="punishmentDescription">
<interp inst="t18520614-603-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18520614-603-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-603-18520614 t18520614-603-punishment-16"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18520614-604">
<interp inst="t18520614-604" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-604" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-604-charge-1" targOrder="Y" targets="def1-604-18520614 t18520614-604-offence-1 t18520614-604-verdict-1"/>
<p>604.
<persName id="def1-604-18520614" type="defendantName">
<interp inst="def1-604-18520614" type="gender" value="female"/>
<interp inst="def1-604-18520614" type="age" value="29"/>
<interp inst="def1-604-18520614" type="surname" value="HALFHEAD"/>
<interp inst="def1-604-18520614" type="given" value="ANN"/>
<hi rend="largeCaps">ANN HALFHEAD</hi> </persName> was indicted
<rs id="t18520614-604-offence-1" type="offenceDescription">
<interp inst="t18520614-604-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18520614-604-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<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>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-82" type="witnessName">
<interp inst="t18520614-name-82" type="gender" value="male"/>
<interp inst="t18520614-name-82" type="surname" value="CROCKER"/>
<interp inst="t18520614-name-82" type="given" value="JAMES"/>JAMES CROCKER</persName> </hi>. I am a greengrocer, of Upper Ebury-street. On 22nd May the prisoner came, about a quarter before 11 o'clock in the evening, for 1
<hi rend="italic">d</hi>.-worth of onions—she gave me a shilling—I examined it; it was bad—I</p>
<xptr type="pageFacsimile" doc="185206140027"/>
<p>bit it, bent it, returned it to her, and told her to go about her business—she went out, and I followed her—she went to a public house at the corner, and then went to Mr. Trew, the baker's—I spoke to a constable—I went into Mr. Trew's shop, and found his shopman looking at a shilling—I looked at the shilling—it was the one I had bitten, and which the prisoner had offered to me—this is it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-83" type="witnessName">
<interp inst="t18520614-name-83" type="gender" value="male"/>
<interp inst="t18520614-name-83" type="surname" value="THOMPSON"/>
<interp inst="t18520614-name-83" type="given" value="JAMES"/>JAMES THOMPSON</persName> </hi>. I am shopman to Mr. Trew, a baker. The prisoner came to my master's shop for a twopenny loaf—she paid me with a shilling—I looked at it, told her it was bad, and gave it her back—Coffin came in, took it from her hand, and examined it—an officer was called in, and the prisoner was given into custody.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-84" type="witnessName">
<interp inst="t18520614-name-84" type="gender" value="male"/>
<interp inst="t18520614-name-84" type="surname" value="OTTOWAY"/>
<interp inst="t18520614-name-84" type="given" value="HENRY"/>HENRY OTTOWAY</persName> </hi> (
<hi rend="italic">policeman, D</hi> 68). The prisoner was given into my custody at Mr. Trew's, on a charge of tendering a bad shilling—I asked her where the shilling was—she held out her hand, and I took it from her—this is it—she said nothing—I found in her left hand these other two shillings, wrapped in paper—she was drunk, but seemed to know what she was doing.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-85" type="witnessName">
<interp inst="t18520614-name-85" type="gender" value="female"/>
<interp inst="t18520614-name-85" type="surname" value="GALLOWAY"/>
<interp inst="t18520614-name-85" type="given" value="ELIZABETH"/>ELIZABETH GALLOWAY</persName> </hi>. On Saturday evening, 22nd May, about half past 10 o'clock, the prisoner came to my shop for a penny candle—she tendered me a bad shilling—I gave it her back—she took it away—she shammed intoxication, but when she got out she was not so.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-86" type="witnessName">
<interp inst="t18520614-name-86" type="gender" value="male"/>
<interp inst="t18520614-name-86" type="surname" value="WEBSTER"/>
<interp inst="t18520614-name-86" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This shilling that was uttered is bad—these other two are bad, and one of them is from the same mould as the one that was uttered.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I am an unfortunate woman; a young man gave me these shillings—I had no idea they were bad.</p>
<p>
<hi rend="smallCaps">
<rs id="t18520614-604-verdict-1" type="verdictDescription">
<interp inst="t18520614-604-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-604-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 29.—
<hi rend="italic">
<rs id="t18520614-604-punishment-17" type="punishmentDescription">
<interp inst="t18520614-604-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18520614-604-punishment-17" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-604-18520614 t18520614-604-punishment-17"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18520614-605">
<interp inst="t18520614-605" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-605" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-605-charge-1" targOrder="Y" targets="def1-605-18520614 t18520614-605-offence-1 t18520614-605-verdict-1"/>
<p>605.
<persName id="def1-605-18520614" type="defendantName">
<interp inst="def1-605-18520614" type="gender" value="female"/>
<interp inst="def1-605-18520614" type="age" value="26"/>
<interp inst="def1-605-18520614" type="surname" value="WAYLAND"/>
<interp inst="def1-605-18520614" type="given" value="EMMA"/>
<hi rend="largeCaps">EMMA WAYLAND</hi> </persName> was indicted
<rs id="t18520614-605-offence-1" type="offenceDescription">
<interp inst="t18520614-605-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18520614-605-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<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>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-88" type="witnessName">
<interp inst="t18520614-name-88" type="gender" value="female"/>
<interp inst="t18520614-name-88" type="surname" value="PARK"/>
<interp inst="t18520614-name-88" type="given" value="ELLEN DUDLEY"/>ELLEN DUDLEY PARK</persName> </hi>. I am shopwoman to Mr. Shreeve, a hosier and glover, at Charing-cross. On 3rd June, the prisoner came, and asked for a boy's collar—she chose one, which came to 1
<hi rend="italic">s</hi>.—she paid me with a sovereign—it was good—I gave her in change a half sovereign, eight shillings, and two sixpences—I am quite sure the half sovereign I gave her was a good one—she rung it on the counter, and said, "I hope this is a good one; my mistress is very particular, and if it is not good, I shall have to come back; I once took her one that was cracked, and then I had to bring it back"—I said, "You will not have to do that; I am quite sure this is a good one," and in order to satisfy her more I tried it in the detector, and it was a good one—it did not bend at all—I gave it her—she took that and the rest of the change, and went to the door—she returned, and said, "I must trouble you to change this, I don't think it is good"—I said I was quite sure it was, for all we had in the till was good—she produced a half sovereign—I do not at all think it was the same that I gave her—Mr. Shreeve, my master, was there—I gave it him to try it in the detector—it turned out to be bad; it bent—I do not think it was the half sovereign I gave her—I had tried that, and it did not bend—it was not out of my sight from the time Mr. Shreeve took it.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Where did you take the half sovereign from which you gave her?
<hi rend="italic">A.</hi> From the till—there was other money there, sovereigns and half sovereigns, and silver—we keep the gold in one bowl, and the silver in another—I looked at the half sovereign before I handed it to her—I could not say what reign it was—I looked sufficiently to know it was a half sovereign and not a whole one—when my master came</p>
<xptr type="pageFacsimile" doc="185206140028"/>
<p>the prisoner still persisted that I had given her a bad half sovereign in the first instance—that was her statement all along.</p>
<p>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> Did you notice the colour of the half sovereign you gave her?
<hi rend="italic">A.</hi> Yes; the one that she returned, and that I saw tried, looked much paler than that.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-89" type="witnessName">
<interp inst="t18520614-name-89" type="gender" value="male"/>
<interp inst="t18520614-name-89" type="surname" value="SHREEVE"/>
<interp inst="t18520614-name-89" type="given" value="THOMAS GODFREY"/>THOMAS GODFREY SHREEVE</persName> </hi>. I saw the prisoner in my shop on 3rd June—I received a half sovereign from Miss Park—I gave it to my wife—I got it back from her—it had been out of my sight in the meanwhile—I saw a man come into the shop—I believe he asked for some collars—the prisoner was requested to stay in the shop, and she staid after the man came in, two or three minutes—I did not see her go out—she walked out—I followed her—she had been requested to stop till a policeman came—a policeman was mentioned before she went out—the man was not in the shop at the time we spoke about the policeman—when the prisoner went out I followed her—the man attempted to prevent me by placing his back against the door—I got out, and saw the prisoner run along the street into the Ship Tavern—I followed her, and she was there with several other persons, who were following her, I believe—I saw a child, I do not know who had it—I gave the prisoner into custody—I got a half sovereign from my wife—I gave it to the policeman—I do not know that I should know it.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Was not the prisoner indignant at the charge, and did she not tell you that she would go and find a policeman herself?
<hi rend="italic">A.</hi> I do not recollect that—I will not swear that she did not—she said that the half sovereign was the one that had been given her by my shopwoman, and she waited two or three minutes after I talked about getting a policeman—a man came in to buy something—I do not know what became of him—I did not hear him speak to the prisoner, or the prisoner to him—he was not present when the charge was made against the prisoner for passing this bad money—the charge had been made before—I did not suppose at that time that he had anything to do with the woman—I judged so by his conduct at the door, and he said to my wife, "Let her alone"—possibly before he said that, the prisoner had reiterated in his presence that the half sovereign had been given her by my shopwoman—I did not ask the man to stop or to give me his address—when I went after the prisoner I left the man in the shop—I never saw him afterwards.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-90" type="witnessName">
<interp inst="t18520614-name-90" type="gender" value="indeterminate"/>
<interp inst="t18520614-name-90" type="surname" value="SHREEVE"/>
<interp inst="t18520614-name-90" type="given" value="LYCIA"/>LYCIA SHREEVE</persName> </hi>. I am the wife of the last witness. I was in the shop, and saw him with a half sovereign—he looked at it, and tried it—it bent—the prisoner was standing by the counter—I said, "I fear you are not doing right; this is not the first or second case that has occurred; we must for your own justification have you searched"—she was not searched in my presence—a man came in, and asked for collars—I said we had no collars that I thought would suit him—he put his hand into his pocket, and pulled out some silver, and I observed he was hurried, and very much agitated—the prisoner got up, and went to the door—I tried to prevent her going out—the man said, "Let her alone," and he put me away from the door—the prisoner made her escape, and I followed her from the private door—I afterwards gave the half sovereign to my husband—I am quite sure it was the same I had received from him.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Have you a good many customers in a day?
<hi rend="italic">A.</hi> That depends on the season—there had been no accumulation of money that day—5
<hi rend="italic">l</hi>.-worth of gold and silver had been put into the till, as is usual—I do not know what became of the man—when he was in the shop, I said to the prisoner, "You shall not go"—she did not then say in my hearing that</p>
<xptr type="pageFacsimile" doc="185206140029"/>
<p>the half sovereign had been given her by the shopwoman—my shop woman was in the shop, and my husband, and the boy was gone for the policeman—I am not aware that there was any conversation between the shopwoman, my husband, and the prisoner, which that man might hear, and I not—the man did know that the prisoner was charged with passing a bad half sovereign—I saw a signal between him and the prisoner—he looked at her—he looked hurried—I believe he knew before she came in, that she would pass a bad half sovereign.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-91" type="witnessName">
<interp inst="t18520614-name-91" type="gender" value="male"/>
<interp inst="t18520614-name-91" type="surname" value="SMITH"/>
<interp inst="t18520614-name-91" type="given" value="EDWARD"/>EDWARD SMITH</persName> </hi> (
<hi rend="italic">policeman, A</hi> 560). I was called in, and the prisoner was given into my custody—I produce a half sovereign which I had from Mr. Shreeve—I took the prisoner to the station—she was told she was charged with uttering a bad half sovereign—she did not tell me it was her mistress who had sent her, or give me any information.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-92" type="witnessName">
<interp inst="t18520614-name-92" type="gender" value="male"/>
<interp inst="t18520614-name-92" type="surname" value="WEBSTER"/>
<interp inst="t18520614-name-92" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This half sovereign is bad—I have had occasion to apply the detector to coins of this kind—a good gold coin cannot be bent by a female; it requires great pressure—a bad one bends very easily.</p>
<p>(
<hi rend="italic">The prisoner received a good character.</hi>)</p>
<p>
<hi rend="smallCaps">
<rs id="t18520614-605-verdict-1" type="verdictDescription">
<interp inst="t18520614-605-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-605-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 26.—
<hi rend="italic">
<rs id="t18520614-605-punishment-18" type="punishmentDescription">
<interp inst="t18520614-605-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18520614-605-punishment-18" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-605-18520614 t18520614-605-punishment-18"/>Confined Eight Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18520614-606">
<interp inst="t18520614-606" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-606" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-606-charge-1" targOrder="Y" targets="def1-606-18520614 t18520614-606-offence-1 t18520614-606-verdict-1"/>
<p>606.
<persName id="def1-606-18520614" type="defendantName">
<interp inst="def1-606-18520614" type="gender" value="male"/>
<interp inst="def1-606-18520614" type="age" value="20"/>
<interp inst="def1-606-18520614" type="surname" value="HUMPHRIES"/>
<interp inst="def1-606-18520614" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN HUMPHRIES</hi> </persName> was indicted
<rs id="t18520614-606-offence-1" type="offenceDescription">
<interp inst="t18520614-606-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18520614-606-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<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>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-94" type="witnessName">
<interp inst="t18520614-name-94" type="gender" value="female"/>
<interp inst="t18520614-name-94" type="surname" value="CLIFFORD"/>
<interp inst="t18520614-name-94" type="given" value="AMELIA"/>AMELIA CLIFFORD</persName> </hi>. I am the wife of Thomas John Clifford, who kee a the Marquis of Granby, in Little Marylebone-street. On 31st May, about 10 minutes before 2 o'clock in the afternoon, the prisoner came for a quartern of gin—it came to 4
<hi rend="italic">d</hi>.—he offered me a half crown—I gave him 2
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>., and immediately found the half crown was bad—I gave it to my husband—the prisoner was then gone—he came again about 10 minutes before 4 for some rum—the barmaid served him—I saw him—he offered me in payment a 5
<hi rend="italic">s</hi>.-piece—I took it, and found it was bad—I gave it to my husband—I am quite sure the prisoner is the same man who came on each occasion—I have not any doubt of it.</p>
<p>
<hi rend="italic">Prisoner.</hi> You said you were almost positive it was me when your husband came in.
<hi rend="italic">Witness.</hi> Yes, and I said I was quite sure it was the same bottle that you brought before.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-95" type="witnessName">
<interp inst="t18520614-name-95" type="gender" value="male"/>
<interp inst="t18520614-name-95" type="surname" value="CLIFFORD"/>
<interp inst="t18520614-name-95" type="given" value="THOMAS JOHN"/>THOMAS JOHN CLIFFORD</persName> </hi>. I am the husband of the last witness. I got a half crown from her on 31st May, about 10 minutes before 2 o'clock, and a crown about 4, or 10 minutes before 4—I went round to the prisoner, and said, "You are the person that was here this morning for a quartern of gin"—he said, "No, sir"—I said, "Yes, you are"—he said, "I will go and get a good shilling to pay for the rum"—I said, "No, you will go to the station with me"—he went a short distance, and then turned round and ran away—we had a long chase after him—the postman stopped him—I kept the crown and the half crown till the prisoner was committed, and I gave them to the officer—the prisoner said his master gave him the crown—I said he could send for his master to the station.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-96" type="witnessName">
<interp inst="t18520614-name-96" type="gender" value="male"/>
<interp inst="t18520614-name-96" type="surname" value="SURRY"/>
<interp inst="t18520614-name-96" type="given" value="JAMES"/>JAMES SURRY</persName> </hi> (
<hi rend="italic">policeman, D</hi> 305). I saw the prisoner on that day he was stopped in Beaumont-street—I received this crown and half crown from Mr. Clifford.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-97" type="witnessName">
<interp inst="t18520614-name-97" type="gender" value="male"/>
<interp inst="t18520614-name-97" type="surname" value="WEBSTER"/>
<interp inst="t18520614-name-97" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are both counterfeit, made of Britannia metal.</p>
<p>
<hi rend="smallCaps">
<rs id="t18520614-606-verdict-1" type="verdictDescription">
<interp inst="t18520614-606-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-606-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 20.—
<hi rend="italic">
<rs id="t18520614-606-punishment-19" type="punishmentDescription">
<interp inst="t18520614-606-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18520614-606-punishment-19" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-606-18520614 t18520614-606-punishment-19"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18520614-607">
<interp inst="t18520614-607" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-607" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-607-charge-1" targOrder="Y" targets="def1-607-18520614 t18520614-607-offence-1 t18520614-607-verdict-1"/>
<p>607.
<persName id="def1-607-18520614" type="defendantName">
<interp inst="def1-607-18520614" type="gender" value="male"/>
<interp inst="def1-607-18520614" type="age" value="21"/>
<interp inst="def1-607-18520614" type="surname" value="WAND"/>
<interp inst="def1-607-18520614" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM WAND</hi> </persName> was indicted
<rs id="t18520614-607-offence-1" type="offenceDescription">
<interp inst="t18520614-607-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18520614-607-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<xptr type="pageFacsimile" doc="185206140030"/>
<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>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-99" type="witnessName">
<interp inst="t18520614-name-99" type="gender" value="female"/>
<interp inst="t18520614-name-99" type="surname" value="DAUBNEY"/>
<interp inst="t18520614-name-99" type="given" value="MARGARET"/>MARGARET DAUBNEY</persName> </hi>. I am the wife of Richard Daubney, a dairyman, of High-street, Notting-hill. I saw the prisoner on 10th May—he came for a quartern of butter—I served him—he gave me a half crown—I gave him change—I placed the half crown in the till, where there was no other half crown—the till went up stairs in my bedroom—the half crown was left in it—the next morning the prisoner came for 3
<hi rend="italic">d</hi>.-worth of eggs about 8 o'clock—he offered me a 5
<hi rend="italic">s</hi>.-piece—I had brought the till down stairs—I put the 5
<hi rend="italic">s</hi>.-piece in it, and gave the prisoner in change his own half crown, and 2
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>.—when he had got his own half crown he asked me if I would give him smaller change for it—I said, "Do not you like that? it is the one that I took of you last night; is it not good?"—he said, "Yes, it is perfectly good, but my mistress wants so much small change"—I gave him small change—about 11 o'clock I gave the half crown to my egg merchant, and it was bad—I then showed him the crown, and that was bad—on 13th the prisoner came again for 3
<hi rend="italic">d</hi>.-worth of eggs—I shut the door, and sent for a policeman—I charged the prisoner with passing the crown and half crown—he said he had not been in the shop since the Saturday before—this was on the Thursday—he had been there on the Monday and Tuesday—I bad no other crown nor half crown—Catherine Middleton has access to my till.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-100" type="witnessName">
<interp inst="t18520614-name-100" type="gender" value="female"/>
<interp inst="t18520614-name-100" type="surname" value="MIDDLETON"/>
<interp inst="t18520614-name-100" type="given" value="CATHERINE"/>CATHERINE MIDDLETON</persName> </hi>. I was in Mrs. Daubney's shop—I had not been to the till on the Monday or Tuesday; I am sure of that.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-101" type="witnessName">
<interp inst="t18520614-name-101" type="gender" value="male"/>
<interp inst="t18520614-name-101" type="surname" value="CLARK"/>
<interp inst="t18520614-name-101" type="given" value="WILLIAM"/>WILLIAM CLARK</persName> </hi> (
<hi rend="italic">policeman, T</hi> 112). On 13th May I was called into the shop—I took the prisoner—I got this crown and half crown from Mrs. Daubney—the prisoner stated he had never been in the house before.</p>
<p>
<hi rend="italic">Prisoner.</hi> You were in the shop when I told Mrs. Daubney I was in the shop on the Saturday, and you say that I said I had never been in the shop before.
<hi rend="italic">Witness.</hi> You told me so—I was not in the shop when you men
<lb/>tioned about being there on the Saturday.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-102" type="witnessName">
<interp inst="t18520614-name-102" type="gender" value="male"/>
<interp inst="t18520614-name-102" type="surname" value="WEBSTER"/>
<interp inst="t18520614-name-102" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are both bad.</p>
<p>
<hi rend="smallCaps">
<rs id="t18520614-607-verdict-1" type="verdictDescription">
<interp inst="t18520614-607-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-607-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 21.—
<hi rend="italic">
<rs id="t18520614-607-punishment-20" type="punishmentDescription">
<interp inst="t18520614-607-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18520614-607-punishment-20" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-607-18520614 t18520614-607-punishment-20"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18520614-608">
<interp inst="t18520614-608" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-608" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-608-charge-1" targOrder="Y" targets="def1-608-18520614 t18520614-608-offence-1 t18520614-608-verdict-1"/>
<p>608.
<persName id="def1-608-18520614" type="defendantName">
<interp inst="def1-608-18520614" type="gender" value="male"/>
<interp inst="def1-608-18520614" type="age" value="22"/>
<interp inst="def1-608-18520614" type="surname" value="SMITH"/>
<interp inst="def1-608-18520614" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN SMITH</hi> </persName> was indicted
<rs id="t18520614-608-offence-1" type="offenceDescription">
<interp inst="t18520614-608-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18520614-608-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. ELLIS</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">BODKINM</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-104" type="witnessName">
<interp inst="t18520614-name-104" type="gender" value="female"/>
<interp inst="t18520614-name-104" type="surname" value="WARD"/>
<interp inst="t18520614-name-104" type="given" value="ELIZABETH"/>ELIZABETH WARD</persName> </hi>. I keep a shop at Kensall New-town; I am a widow. On Saturday, 22nd May, the prisoner came to my shop, at a little after 9 o'clock in the evening—he asked for a glass of ale—I served him—he gave me a shilling—I gave him 10 1/2
<hi rend="italic">d</hi>. change—I had some suspicion of the shilling—I kept it in my hand, and showed it to my son, in the parlour, as the pri
<lb/>soner was going out of the door—my son took it, and went after the prisoner—I had never seen the prisoner before—I am quite sure he is the person—I saw him in custody on the Monday.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-105" type="witnessName">
<interp inst="t18520614-name-105" type="gender" value="male"/>
<interp inst="t18520614-name-105" type="surname" value="WARD"/>
<interp inst="t18520614-name-105" type="given" value="THOMAS"/>THOMAS WARD</persName> </hi>. I remember my mother showing me a shilling on Satur
<lb/>day night, 22nd May—I found it was bad—I followed the prisoner from the house—I watched, and saw him join another man, about 150 yards from my mother's—they remained in company two or three minutes—the prisoner then went to Mr. Dunning's, who keeps another beer-shop at Kensal-green—I saw he was tendering some coin—I went in after him—he was tendering a half-crown in payment, I believe for a pint of porter—I cautioned the shopkeeper, and the prisoner was taken into custody—I gave the shilling to the officer.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> You never once lost sight of me?
<hi rend="italic">A.</hi> No.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-106" type="witnessName">
<interp inst="t18520614-name-106" type="gender" value="male"/>
<interp inst="t18520614-name-106" type="surname" value="DUNNING"/>
<interp inst="t18520614-name-106" type="given" value="GEORGE"/>GEORGE DUNNING</persName> </hi>. My father keeps the Bee-hive, at Kensal New-town. The prisoner came there—he called for a pint of porter—it came to 2
<hi rend="italic">d</hi>.—he</p>
<xptr type="pageFacsimile" doc="185206140031"/>
<p>gave me a half crown—Mr. Ward came in and gave me some information—I sent for an officer, and gave the prisoner into custody, with the half crown.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-107" type="witnessName">
<interp inst="t18520614-name-107" type="gender" value="male"/>
<interp inst="t18520614-name-107" type="surname" value="CRITTALL"/>
<interp inst="t18520614-name-107" type="given" value="ALFRED"/>ALFRED CRITTALL</persName> </hi> (
<hi rend="italic">policeman, D</hi> 239). I took the prisoner—I produce the half crown I got from Mr. Dunning, and the shilling from Mr. Ward.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-108" type="witnessName">
<interp inst="t18520614-name-108" type="gender" value="male"/>
<interp inst="t18520614-name-108" type="surname" value="WEBSTER"/>
<interp inst="t18520614-name-108" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are both bad.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> Mr. Ward never accused me of giving him a bad shil
<lb/>ling till Mr. Dunnell pronounced the half crown to be bad; if, as he states, he never once lost sight of me, at the time I was taken I should have had the change of the shilling; I was searched, and I had one half crown, two sixpences, and one halfpenny; that was all.</p>
<p>
<hi rend="smallCaps">
<rs id="t18520614-608-verdict-1" type="verdictDescription">
<interp inst="t18520614-608-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-608-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 22.—
<hi rend="italic">
<rs id="t18520614-608-punishment-21" type="punishmentDescription">
<interp inst="t18520614-608-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18520614-608-punishment-21" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-608-18520614 t18520614-608-punishment-21"/>Confined Eight Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18520614-609">
<interp inst="t18520614-609" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-609" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-609-charge-1" targOrder="Y" targets="def1-609-18520614 t18520614-609-offence-1 t18520614-609-verdict-1"/>
<p>609.
<persName id="def1-609-18520614" type="defendantName">
<interp inst="def1-609-18520614" type="gender" value="male"/>
<interp inst="def1-609-18520614" type="age" value="19"/>
<interp inst="def1-609-18520614" type="surname" value="IDEN"/>
<interp inst="def1-609-18520614" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM IDEN</hi> </persName> was indicted
<rs id="t18520614-609-offence-1" type="offenceDescription">
<interp inst="t18520614-609-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18520614-609-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<p>
<hi rend="smallCaps">MR. BODKIN</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-110" type="witnessName">
<interp inst="t18520614-name-110" type="gender" value="female"/>
<interp inst="t18520614-name-110" type="surname" value="REED"/>
<interp inst="t18520614-name-110" type="given" value="MARY"/>MARY REED</persName> </hi>. I am the wife of John Reed; he is a tobacconist, and lives in Chandos-street. Between 7 and 8 o'clock in the evening, on 11th May, the prisoner came and asked for a cigar—it came to 2
<hi rend="italic">d</hi>.—he gave me a half crown, and I gave him change—I put the half crown into the till—there was no other half crown there—I went to the till all the evening—I noticed that the half crown was bad the last thing, which was about 1 o'clock—no one but myself had interfered with the till all the evening—I took it out of the till, and nailed it to the counter by itself—on the 18th I saw the prisoner in custody, and gave the half crown to the policeman—on Thursday, 13th, two days after the half crown was given me, the prisoner came to my shop, between 8 and 9 in the evening—he asked for 6
<hi rend="italic">d</hi>.-worth of cigars—he offered me a crown—I gave it to my husband—the prisoner had his cigars, and he went away—on the 18th he came again, and asked for one cigar—he paid for that with a good sixpence—I knew him again, and I called a policeman, and he was given into custody—I said it was for giving me a bad half-crown and a bad 5
<hi rend="italic">s</hi>.-piece—the prisoner said if I would let him go, he would bring the money, and make it good with my husband—I said, no; I would give him in charge, unless he gave me the money—it was then the half crown was taken from the counter—the crown was in a box in the parlour—I got it out of the box, and gave it to the officer—I saw Mr. Barr take the half crown from the counter, and hand it to the officer.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-111" type="witnessName">
<interp inst="t18520614-name-111" type="gender" value="male"/>
<interp inst="t18520614-name-111" type="surname" value="REED"/>
<interp inst="t18520614-name-111" type="given" value="JOHN"/>JOHN REED</persName> </hi>. I am the husband of the last witness. On 13th May I was called into the shop by my wife, between 8 and 9 o'clock in the evening—she gave me a 5
<hi rend="italic">s</hi>.-piece, I rung it—it sounded very well—I did not try it in the detector—I put it into the till—there was no other crown there—in conse
<lb/>quence of what my wife said, I went to the till in a few minutes afterwards—I found the crown was bad—it was the only one that was there—I took it out, put it into a piece of paper, and put it into a box.</p>
<p>
<hi rend="italic">Prisoner.</hi> I came into your shop on the Wednesday.
<hi rend="italic">Witness.</hi> No, I have no recollection of Wednesday; I did not mention to you that I had taken a bad half crown on the Tuesday, of a young man in a respect
<lb/>able dress; I recollect your coming on several occasions, but not on Wednesday.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-112" type="witnessName">
<interp inst="t18520614-name-112" type="gender" value="male"/>
<interp inst="t18520614-name-112" type="surname" value="DRINKWATER"/>
<interp inst="t18520614-name-112" type="given" value="CHARLES"/>CHARLES DRINKWATER</persName> </hi> (
<hi rend="italic">policeman, F</hi> 52). I was called on the 18th, and the prisoner was given into my custody—he was charged with passing a bad half crown, and crown—he said if Mrs. Reed would let him go he would make it up with her husband another time—this is the crown piece, and this is the half crown which Mr. Barr gave me.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-113" type="witnessName">
<interp inst="t18520614-name-113" type="gender" value="male"/>
<interp inst="t18520614-name-113" type="surname" value="WEBSTER"/>
<interp inst="t18520614-name-113" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are both counterfeit.</p>
<xptr type="pageFacsimile" doc="185206140032"/>
<p>
<hi rend="italic">Prisoner's Defence.</hi> Mrs. Reed said, "I was very sorry to find that that crown piece you gave when you was here last was bad;" I said, "Was it, allow me to look at it?" she said unless I could produce her 4
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. then, she would give me in charge; she never said a word about the half crown; I said I had not got the 4
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. then, but if that was the one I gave her I should be most happy to make the matter right with her husband.</p>
<p>
<hi rend="smallCaps">
<rs id="t18520614-609-verdict-1" type="verdictDescription">
<interp inst="t18520614-609-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-609-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 19,—
<hi rend="italic">
<rs id="t18520614-609-punishment-22" type="punishmentDescription">
<interp inst="t18520614-609-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18520614-609-punishment-22" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-609-18520614 t18520614-609-punishment-22"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18520614-610">
<interp inst="t18520614-610" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-610" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-610-charge-1" targOrder="Y" targets="def1-610-18520614 t18520614-610-offence-1 t18520614-610-verdict-1"/>
<p>610.
<persName id="def1-610-18520614" type="defendantName">
<interp inst="def1-610-18520614" type="gender" value="female"/>
<interp inst="def1-610-18520614" type="age" value="25"/>
<interp inst="def1-610-18520614" type="surname" value="HURLEY"/>
<interp inst="def1-610-18520614" type="given" value="ELLEN"/>
<hi rend="largeCaps">ELLEN HURLEY</hi> </persName> was indicted
<rs id="t18520614-610-offence-1" type="offenceDescription">
<interp inst="t18520614-610-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18520614-610-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<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>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-115" type="witnessName">
<interp inst="t18520614-name-115" type="gender" value="female"/>
<interp inst="t18520614-name-115" type="surname" value="DONOHUE"/>
<interp inst="t18520614-name-115" type="given" value="MARY"/>MARY DONOHUE</persName> </hi>. I am in the service of Mrs. Bayley, a grocer, in Gray's Inn-lane. On Sunday evening, 9th May, the prisoner came there and asked for a penny biscuit—she gave me a sixpence—I thought it was bad, and told her so—she said it was not—I put it in my mouth and bit it—she said, "Let me have it again"—I said I would not, and she went away without it—I put it on a shell apart from other coin—in half an hour afterwards I saw my mistress take it away—it was the same sixpence—no one had been in the shop in the mean time.</p>
<p>
<hi rend="italic">Prisoner.</hi> I was not in the shop.
<hi rend="italic">Witness.</hi> Yes you were; I saw you again in about an hour.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-116" type="witnessName">
<interp inst="t18520614-name-116" type="gender" value="female"/>
<interp inst="t18520614-name-116" type="surname" value="BAYLEY"/>
<interp inst="t18520614-name-116" type="given" value="MARY ANN"/>MARY ANN BAYLEY</persName> </hi>. I keep a shop in Gray's Inn-lane. The prisoner came that evening about 9 o'clock—she asked for a quarter of an ounce of tea, and some other things which came to four pence three farthings—she put down a shilling, I gave her change—as she was going out Donohue said something to me—I looked at the shilling the prisoner had given me, and found it was bad—I cut it with a knife, and told her it was bad—she said it was not—I said it was, and she ought to be ashamed to come twice in one day to rob me—she said she did not know anything about any other bad money—she went out, I followed her, met a constable, and gave her in charge, with the shilling and the sixpence which I found on the shelf.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-117" type="witnessName">
<interp inst="t18520614-name-117" type="gender" value="male"/>
<interp inst="t18520614-name-117" type="surname" value="BOGGIS"/>
<interp inst="t18520614-name-117" type="given" value="JOHN"/>JOHN BOGGIS</persName> </hi> (
<hi rend="italic">policeman, G</hi> 251). I took the prisoner, and received this shilling and sixpence—the prisoner said, "I have not been in the shop.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-118" type="witnessName">
<interp inst="t18520614-name-118" type="gender" value="male"/>
<interp inst="t18520614-name-118" type="surname" value="WEBSTER"/>
<interp inst="t18520614-name-118" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are both bad.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> When I went in the shop I bought bread, butter, and tea; I gave her a shilling; she said it was bad; I bad another which I gave her; she gave me change out of the good one, and kept the bad one; I walked out, she followed me and gave me in charge, and said that I gave a bad sixpence, which I did not.</p>
<p>
<hi rend="smallCaps">
<rs id="t18520614-610-verdict-1" type="verdictDescription">
<interp inst="t18520614-610-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-610-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 25.—
<hi rend="italic">
<rs id="t18520614-610-punishment-23" type="punishmentDescription">
<interp inst="t18520614-610-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t18520614-610-punishment-23" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-610-18520614 t18520614-610-punishment-23"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18520614-611">
<interp inst="t18520614-611" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-611" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-611-charge-1" targOrder="Y" targets="def1-611-18520614 t18520614-611-offence-1 t18520614-611-verdict-2"/>
<join result="criminalCharge" id="t18520614-611-charge-2" targOrder="Y" targets="def2-611-18520614 t18520614-611-offence-1 t18520614-611-verdict-1"/>
<p>611.
<persName id="def1-611-18520614" type="defendantName">
<interp inst="def1-611-18520614" type="gender" value="male"/>
<interp inst="def1-611-18520614" type="age" value="20"/>
<interp inst="def1-611-18520614" type="surname" value="GOODMAN"/>
<interp inst="def1-611-18520614" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES GOODMAN</hi> </persName> and
<persName id="def2-611-18520614" type="defendantName">
<interp inst="def2-611-18520614" type="gender" value="male"/>
<interp inst="def2-611-18520614" type="age" value="18"/>
<interp inst="def2-611-18520614" type="surname" value="POWELL"/>
<interp inst="def2-611-18520614" type="given" value="GEORGE HENRY"/>
<hi rend="largeCaps">GEORGE HENRY POWELL</hi> </persName> were indicted for
<rs id="t18520614-611-offence-1" type="offenceDescription">
<interp inst="t18520614-611-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18520614-611-offence-1" type="offenceSubcategory" value="coiningOffences"/> a like offence: to which</rs> </p>
<p>
<hi rend="largeCaps">POWELL</hi> pleaded
<hi rend="smallCaps">
<rs id="t18520614-611-verdict-1" type="verdictDescription">
<interp inst="t18520614-611-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-611-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi>. Aged 18.—
<hi rend="italic">
<rs id="t18520614-611-punishment-24" type="punishmentDescription">
<interp inst="t18520614-611-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t18520614-611-punishment-24" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-611-18520614 t18520614-611-punishment-24"/>Confined Eight Months</rs>.</hi> </p>
<p>
<hi rend="smallCaps">MESSRS. ELLIS</hi> and
<hi rend="smallCaps">BODKIN</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-121" type="witnessName">
<interp inst="t18520614-name-121" type="gender" value="male"/>
<interp inst="t18520614-name-121" type="surname" value="GOSTWICK"/>
<interp inst="t18520614-name-121" type="given" value="THOMAS"/>THOMAS GOSTWICK</persName> </hi>. My brother keeps the Three Tuns, in Holies-street, Clare-market. On Saturday evening, 8th May, I was attending to the busi
<lb/>ness—the prisoners came in together—they had some ale which came to 2
<hi rend="italic">d</hi>. and Goodman gave me a counterfeit shilling—I saw it was bad, but I did not tell him so—I gave him the change and suffered them to go away—they went together—I marked the shilling and made a memorandum of it—on the Monday afterwards the prisoners came together again—they each of them called for something, and Powell paid with a counterfeit shilling—I got the change in my hand, not to let them know that I had any suspicion, and</p>
<xptr type="pageFacsimile" doc="185206140033"/>
<p>sent for my brother—I said to him, "These men have passed another bad shilling"—Powell made a snatch at it—a constable came in at that moment—he sent for another constable, and the shilling was taken from Powell's hand by force, as he resisted.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-122" type="witnessName">
<interp inst="t18520614-name-122" type="gender" value="male"/>
<interp inst="t18520614-name-122" type="surname" value="MITCHELL"/>
<interp inst="t18520614-name-122" type="given" value="JOSEPH"/>JOSEPH MITCHELL</persName> </hi> (
<hi rend="italic">policeman, F</hi> 105). I was called, both the prisoners were there—the landlord charged them with passing bad money—I found a shilling in Powell's hand—I had a difficulty in getting it—I got this other shilling from the landlord.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-123" type="witnessName">
<interp inst="t18520614-name-123" type="gender" value="male"/>
<interp inst="t18520614-name-123" type="surname" value="WEBSTER"/>
<interp inst="t18520614-name-123" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are both bad.</p>
<p>
<hi rend="italic">Goodman.</hi> Powell met me and gave me a shilling to go and call for a pint of beer; I did so, not knowing the shilling was bad—he met me again, and gave me another shilling, and we went and tendered it, not knowing it was bad.</p>
<p>
<hi rend="largeCaps">GOODMAN</hi>
<hi rend="smallCaps">
<rs id="t18520614-611-verdict-2" type="verdictDescription">
<interp inst="t18520614-611-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-611-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 20.—
<hi rend="italic">
<rs id="t18520614-611-punishment-25" type="punishmentDescription">
<interp inst="t18520614-611-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t18520614-611-punishment-25" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-611-18520614 t18520614-611-punishment-25"/>Confined Eight Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18520614-612">
<interp inst="t18520614-612" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-612" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-612-charge-1" targOrder="Y" targets="def1-612-18520614 t18520614-612-offence-1 t18520614-612-verdict-1"/>
<p>612.
<persName id="def1-612-18520614" type="defendantName">
<interp inst="def1-612-18520614" type="gender" value="male"/>
<interp inst="def1-612-18520614" type="age" value="20"/>
<interp inst="def1-612-18520614" type="surname" value="ADAMS"/>
<interp inst="def1-612-18520614" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM ADAMS</hi> </persName> was indicted
<rs id="t18520614-612-offence-1" type="offenceDescription">
<interp inst="t18520614-612-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18520614-612-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<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>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-125" type="witnessName">
<interp inst="t18520614-name-125" type="gender" value="male"/>
<interp inst="t18520614-name-125" type="surname" value="ARTHUR"/>
<interp inst="t18520614-name-125" type="given" value="JOSEPH"/>JOSEPH ARTHUR</persName> </hi>. I assist my uncle, who is a surgeon at Hanwell. On Sunday, 9th May, the prisoner came to the shop, and asked for a pennyworth of pills; he paid me with a shilling—I found it was bad, bent it, and asked him how many pieces he had passed to us previously, having several times seen him in the shop before—he said he had not passed any that he was aware of; an officer was called in, and I gave him the shilling.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-126" type="witnessName">
<interp inst="t18520614-name-126" type="gender" value="male"/>
<interp inst="t18520614-name-126" type="surname" value="DALE"/>
<interp inst="t18520614-name-126" type="given" value="DAVID"/>DAVID DALE</persName> </hi> (
<hi rend="italic">policeman, K</hi> 423). The prisoner was given into my custody, with this shilling—I took the prisoner before the Magistrate; he was discharged on the Tuesday following.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-127" type="witnessName">
<interp inst="t18520614-name-127" type="gender" value="male"/>
<interp inst="t18520614-name-127" type="surname" value="SIMS"/>
<interp inst="t18520614-name-127" type="given" value="GEORGE STEWART"/>GEORGE STEWART SIMS</persName> </hi>. On Friday, 14th May, I was assisting at the Princess of Wales—the prisoner came in for half a pint of porter—he gave me a shilling—I thought it was not. good, and put it down by the side of the till—after he was gone I tried it, and it was bad—I called Mr. Callingham and showed it him—he was looking at it when another man came in and put down a shilling for half a pint of porter—I took up that shilling and found it was bad—I had that other man detained, and I went to the door and looked down the lane; I saw the prisoner standing in the middle of the footpath—I went and took hold of him and brought him back—I said he had been in about 10 minutes before, and given a bad shilling—he said he had not been in the house before—I am quite certain be is the man—I marked the shilling and gave it to the policeman; and also the shilling I took from the other man—the prisoner had a smockfrock on over his great coat, and when I took him he had his great coat over his smockfrock.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> When you came to me, what was I doing?
<hi rend="italic">A.</hi> Standing in the middle of the road till I came to you, and then you went against the fence—when we got back the landlord had the shilling—it was not in my pocket at all.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-128" type="witnessName">
<interp inst="t18520614-name-128" type="gender" value="male"/>
<interp inst="t18520614-name-128" type="surname" value="CALLINGHAM"/>
<interp inst="t18520614-name-128" type="given" value="RICHARD"/>RICHARD CALLINGHAM</persName> </hi>. I keep the Princess of Wales. The last witness was helping me—he showed me a shilling—I took it in my band—I gave him back the same shilling he showed me—another man came in and offered a bad shilling—I stopped him while the last witness went after the prisoner—I think the shilling the second man offered laid on the counter—the pri
<lb/>soner was brought back, and I gave the two shillings to the policeman—the other man was taken and discharged.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> When I came back, where did the last witness take the shilling from?
<hi rend="italic">A.</hi> It was in my hand; he gave it me while he went after you.</p>
<xptr type="pageFacsimile" doc="185206140034"/>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-129" type="witnessName">
<interp inst="t18520614-name-129" type="gender" value="male"/>
<interp inst="t18520614-name-129" type="surname" value="BUTLER"/>
<interp inst="t18520614-name-129" type="given" value="WILLIAM"/>WILLIAM BUTLER</persName> </hi>. (
<hi rend="italic">policeman, K</hi> 71). The prisoner was given into my charge at the Princess of Wales—I received these two shillings from Mr. Sims, in presence of Mr. Callaghan—the shillings are both marked, but differently.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-130" type="witnessName">
<interp inst="t18520614-name-130" type="gender" value="male"/>
<interp inst="t18520614-name-130" type="surname" value="WEBSTER"/>
<interp inst="t18520614-name-130" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These two shillings uttered by the prisoner are bad, and from the same mould—this one uttered by the other man is also bad.</p>
<p>
<hi rend="smallCaps">
<rs id="t18520614-612-verdict-1" type="verdictDescription">
<interp inst="t18520614-612-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-612-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 20.—
<hi rend="italic">
<rs id="t18520614-612-punishment-26" type="punishmentDescription">
<interp inst="t18520614-612-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t18520614-612-punishment-26" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-612-18520614 t18520614-612-punishment-26"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18520614-613">
<interp inst="t18520614-613" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-613" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-613-charge-1" targOrder="Y" targets="def1-613-18520614 t18520614-613-offence-1 t18520614-613-verdict-1"/>
<p>613.
<persName id="def1-613-18520614" type="defendantName">
<interp inst="def1-613-18520614" type="gender" value="male"/>
<interp inst="def1-613-18520614" type="age" value="31"/>
<interp inst="def1-613-18520614" type="surname" value="MASON"/>
<interp inst="def1-613-18520614" type="given" value="HARDING"/>
<hi rend="largeCaps">HARDING MASON</hi> </persName> was indicted
<rs id="t18520614-613-offence-1" type="offenceDescription">
<interp inst="t18520614-613-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18520614-613-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. BODKIN</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">LILLEY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-132" type="witnessName">
<interp inst="t18520614-name-132" type="gender" value="female"/>
<interp inst="t18520614-name-132" type="surname" value="DEXTER"/>
<interp inst="t18520614-name-132" type="given" value="MATILDA"/>MATILDA DEXTER</persName> </hi>. I am the wife of John Dexter, who keeps a lodging house in Garden-court, Whitechapel; the prisoner lodged there for a fort
<lb/>night. On 28th May he came home, and asked what he owed me; I said 1
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—he gave me a half crown, and I went with him to the Black Hone to get change for it—the landlord gave me 1
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. in silver, and 1
<hi rend="italic">s</hi>.-worth of coppers—I gave the prisoner 1
<hi rend="italic">s</hi>., and kept the 1
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-133" type="witnessName">
<interp inst="t18520614-name-133" type="gender" value="female"/>
<interp inst="t18520614-name-133" type="surname" value="BENWELL"/>
<interp inst="t18520614-name-133" type="given" value="ELIZABETH"/>ELIZABETH BENWELL</persName> </hi>. I changed the half crown and put it into my pocket—I had no other—after I had given her the change the prisoner received 1
<hi rend="italic">s</hi>. of it in front of the bar—he went out and came in again, and brought another half crown—I found it was bad—I then looked at the half crown in my pocket, and found that was bad—an officer was sent for—I had given the prisoner the second half crown back again, and he gave me back my good change—the prisoner did go outside the door before he was taken.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Did I go outside the door after I had got the change?
<hi rend="italic">A.</hi> You gave me the change back, and went out; you were out of my sight.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-134" type="witnessName">
<interp inst="t18520614-name-134" type="gender" value="male"/>
<interp inst="t18520614-name-134" type="surname" value="BENWELL"/>
<interp inst="t18520614-name-134" type="given" value="BRYANT"/>BRYANT BENWELL</persName> </hi>. On Friday, 28th May, my wife gave me a half crown—I marked it, and gave it to the policeman—this is it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-135" type="witnessName">
<interp inst="t18520614-name-135" type="gender" value="male"/>
<interp inst="t18520614-name-135" type="surname" value="HALL"/>
<interp inst="t18520614-name-135" type="given" value="ALFRED"/>ALFRED HALL</persName> </hi> (
<hi rend="italic">policeman, H</hi> 127). I was sent for, and took the prisoner—I produce this half crown—I took the prisoner to the station, and found two bad half crowns in his left hand jacket pocket.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-136" type="witnessName">
<interp inst="t18520614-name-136" type="gender" value="male"/>
<interp inst="t18520614-name-136" type="surname" value="WEBSTER"/>
<interp inst="t18520614-name-136" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are all bad, and from the same mould.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I was a little intoxicated when I got the money; if I had known it was bad I would not have carried it there.</p>
<p>
<hi rend="smallCaps">
<rs id="t18520614-613-verdict-1" type="verdictDescription">
<interp inst="t18520614-613-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-613-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 31.—
<hi rend="italic">
<rs id="t18520614-613-punishment-27" type="punishmentDescription">
<interp inst="t18520614-613-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t18520614-613-punishment-27" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-613-18520614 t18520614-613-punishment-27"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18520614-614">
<interp inst="t18520614-614" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-614" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-614-charge-1" targOrder="Y" targets="def1-614-18520614 t18520614-614-offence-1 t18520614-614-verdict-1"/>
<join result="criminalCharge" id="t18520614-614-charge-2" targOrder="Y" targets="def2-614-18520614 t18520614-614-offence-1 t18520614-614-verdict-2"/>
<p>614.
<persName id="def1-614-18520614" type="defendantName">
<interp inst="def1-614-18520614" type="gender" value="male"/>
<interp inst="def1-614-18520614" type="age" value="27"/>
<interp inst="def1-614-18520614" type="surname" value="CRAFT"/>
<interp inst="def1-614-18520614" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM CRAFT</hi> </persName> and
<persName id="def2-614-18520614" type="defendantName">
<interp inst="def2-614-18520614" type="gender" value="male"/>
<interp inst="def2-614-18520614" type="age" value="30"/>
<interp inst="def2-614-18520614" type="surname" value="FOSTER"/>
<interp inst="def2-614-18520614" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN FOSTER</hi> </persName> were indicted for
<rs id="t18520614-614-offence-1" type="offenceDescription">
<interp inst="t18520614-614-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18520614-614-offence-1" type="offenceSubcategory" value="coiningOffences"/> a like offence.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. BODKIN</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">LILLEY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-139" type="witnessName">
<interp inst="t18520614-name-139" type="gender" value="female"/>
<interp inst="t18520614-name-139" type="surname" value="CAMPBELL"/>
<interp inst="t18520614-name-139" type="given" value="MARGARET JARDINE"/>MARGARET JARDINE CAMPBELL</persName> </hi>. On 4th May, about 9 o'clock in the even
<lb/>ing, I saw the two prisoners at my father's public house, the Rose and Crown, at Feltham—Craft came first and asked for beer—I served him—he gave me a bad shilling—I gave him 1
<hi rend="italic">d</hi>. change and put the shilling in my pocket, where I had sixpences and threepenny pieces, but no other shilling—in a short time after he was gone Foster came, and asked for half a pint of beer—he gave me a bad shilling—I refused it, and returned it to him; he gave me a good one—I then took the shilling from my pocket and found it was bad—I gave information to the policeman, and gave him the shilling.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-140" type="witnessName">
<interp inst="t18520614-name-140" type="gender" value="male"/>
<interp inst="t18520614-name-140" type="surname" value="SAUNDERS"/>
<interp inst="t18520614-name-140" type="given" value="GEORGE"/>GEORGE SAUNDERS</persName> </hi> (
<hi rend="italic">policeman, V</hi> 236). On 4th May the last witness gave me this bad shilling—I went in search of Craft, and found him at Hayes on the Friday following—I took him—when he saw me coming he went into Foster's house—I went to the door and found it bolted—I called to the pri
<lb/>soner, but the door was not opened; I broke it open—just before I broke it open I saw the sergeant, who gave me some information.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-141" type="witnessName">
<interp inst="t18520614-name-141" type="gender" value="male"/>
<interp inst="t18520614-name-141" type="surname" value="MAJOR"/>
<interp inst="t18520614-name-141" type="given" value="JOHN"/>JOHN MAJOR</persName> </hi>. On Tuesday, 4th May, I was in the Bear public house,</p>
<xptr type="pageFacsimile" doc="185206140035"/>
<p>at Han worth, about 8 o'clock in the evening—I saw both the prisoners in the tap room—they were in company, and were having some conversation; I do not know what—I might say I have known the prisoners all my lifetime—Hanworth is about a mile from Feltham.</p>
<p>
<hi rend="italic">Craft. Q.</hi> Did not you see me all the day long?
<hi rend="italic">A.</hi> Yes; I do not know whether the other prisoner came in, and you asked him to drink—I went away, and left you together in the tap room—there were seven or eight persons there.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-142" type="witnessName">
<interp inst="t18520614-name-142" type="gender" value="female"/>
<interp inst="t18520614-name-142" type="surname" value="MORRIS"/>
<interp inst="t18520614-name-142" type="given" value="SARAH"/>SARAH MORRIS</persName> </hi>. I am the wife of William Morris. I was at Mr. Bassingham's beer house, at Stanwell, on 6th May, about a quarter before 4 o'clock; that is about three miles and a half from Feltham—the prisoner Foster came in and asked for a pint of beer—while Mr. Bassiogham was drawing it Foster called Craft in—Foster paid for the beer with a bad shilling, and Mrs. Bassingham gave him the change—she told him she thought it was bad; she thought it felt greasy—I looked at it, and said I thought it was bad—it was given back to him—he returned the change, and he and Craft went away together.</p>
<p>
<hi rend="italic">Craft.</hi> You never had the shilling?
<hi rend="italic">Witness.</hi> Yes I had, and examined it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-143" type="witnessName">
<interp inst="t18520614-name-143" type="gender" value="female"/>
<interp inst="t18520614-name-143" type="surname" value="SAVAGE"/>
<interp inst="t18520614-name-143" type="given" value="PRISCILLA"/>PRISCILLA SAVAGE</persName> </hi>. I am the wife of Edward Savage, a grocer, at Stan
<lb/>well. On 6th May, Foster came to my shop between 5 and 6 o'clock—he asked for half an ounce of tobacco—it came to 1 1/2
<hi rend="italic">d</hi>.; he gave me a shilling—I had not change, and I gave it to my little girl—she went out with it and brought me two sixpences—I gave Foster his change, and he went away—after he was gone I found the shilling was bad—I afterwards saw my husband; he had got a shilling which was bad—it was weighed, and put in a drawer by itself—I afterwards saw my husband mark the shilling, and give it to the officer—this shilling was uttered by Foster—I saw Craft pass, but I did not take any notice of him; I think it was him—I saw him in custody a week afterwards—I believe he is the man I saw pass.</p>
<p>
<hi rend="italic">Craft.</hi> I never went by the house.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-144" type="witnessName">
<interp inst="t18520614-name-144" type="gender" value="female"/>
<interp inst="t18520614-name-144" type="surname" value="SAVAGE,"/>
<interp inst="t18520614-name-144" type="given" value="PRISCILLA"/>PRISCILLA SAVAGE, JUN</persName> </hi>. I remember Foster coming to my mother, and my mother gave me a shilling—I gave it to my father, and he gave me two sixpences, which I brought back to my mother.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-145" type="witnessName">
<interp inst="t18520614-name-145" type="gender" value="male"/>
<interp inst="t18520614-name-145" type="surname" value="SAVAGE"/>
<interp inst="t18520614-name-145" type="given" value="EDWARD"/>EDWARD SAVAGE</persName> </hi>. I am the father of the last witness. I remember her bringing me a shilling; she laid it on the table—I gave her two sixpences—I took the shilling up from the table, and found it was bad—I went into my shop, but the man that gave it was gone—I weighed the shilling, and satisfied myself that it was bad; I laid it in a drawer separate from any other coin—the policeman came in about an hour; I went to the drawer and found the shilling there—I marked it, and gave it to him.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-146" type="witnessName">
<interp inst="t18520614-name-146" type="gender" value="male"/>
<interp inst="t18520614-name-146" type="surname" value="MORRIS"/>
<interp inst="t18520614-name-146" type="given" value="WILLIAM"/>WILLIAM MORRIS</persName> </hi> (
<hi rend="italic">policeman, T</hi> 184). On 6th May I received informa
<lb/>tion, and followed the prisoner Foster a mile and a half on the road to Har
<lb/>lington—I took him, and found on him 11
<hi rend="italic">d</hi>. and this bad shilling—I then asked him if he had purchased any tobacco—he said, "Yes," and he directed me to Mr. Savage's, a small grocer's shop—I took him there and received this shilling, which was marked before it was given to me.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-147" type="witnessName">
<interp inst="t18520614-name-147" type="gender" value="male"/>
<interp inst="t18520614-name-147" type="surname" value="WEBSTER"/>
<interp inst="t18520614-name-147" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are all three bad, and from the same mould.</p>
<p>
<hi rend="italic">Craft's Defence.</hi> I did not know it was bad; if it was, it was what I had given me down at Reading; I had five shillings; I do not know whether they were bad or good.</p>
<p>
<hi rend="largeCaps">CRAFT</hi>
<hi rend="smallCaps">
<rs id="t18520614-614-verdict-1" type="verdictDescription">
<interp inst="t18520614-614-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-614-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 27.</p>
<p>
<hi rend="largeCaps">FOSTER</hi>
<hi rend="smallCaps">
<rs id="t18520614-614-verdict-2" type="verdictDescription">
<interp inst="t18520614-614-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-614-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 30.</p>
<p>
<hi rend="italic">
<rs id="t18520614-614-punishment-28" type="punishmentDescription">
<interp inst="t18520614-614-punishment-28" type="punishmentCategory" value="imprison"/>
<interp inst="t18520614-614-punishment-28" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-614-18520614 t18520614-614-punishment-28"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-614-18520614 t18520614-614-punishment-28"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18520614-615">
<interp inst="t18520614-615" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-615" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-615-charge-1" targOrder="Y" targets="def1-615-18520614 t18520614-615-offence-1 t18520614-615-verdict-1"/>
<xptr type="pageFacsimile" doc="185206140036"/>
<p>615.
<persName id="def1-615-18520614" type="defendantName">
<interp inst="def1-615-18520614" type="gender" value="male"/>
<interp inst="def1-615-18520614" type="age" value="33"/>
<interp inst="def1-615-18520614" type="surname" value="HARRIS"/>
<interp inst="def1-615-18520614" type="given" value="JAMES DAWSON"/>
<hi rend="largeCaps">JAMES DAWSON HARRIS</hi> </persName> was indicted
<rs id="t18520614-615-offence-1" type="offenceDescription">
<interp inst="t18520614-615-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18520614-615-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. BODKIN</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">LILLEY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-149" type="witnessName">
<interp inst="t18520614-name-149" type="gender" value="female"/>
<interp inst="t18520614-name-149" type="surname" value="HARRISON"/>
<interp inst="t18520614-name-149" type="given" value="PHOEBE"/>PHCEBE HARRISON</persName> </hi>. I am the wife of Henry Thomas Harrison; he is the landlord of the Cheshire Cheese, in Marquis-court, Drury-lane. On Friday morning, 14th May, the prisoner came between 12 and 1 o'clock—he asked for half a quartern of gin—he tendered me a shilling—I at first thought it was good, but I afterwards found it was bad; I showed it to a friend of mine who was there—whilst I was showing it, the prisoner ran off—he had drank part of the gin, but left half of it—I pursued the prisoner, and found him in a doorway in Pear-court—I spoke to him; he said he did not know me—assistance came, and he was taken—he struggled to get away—while he was struggling he put his hand to his mouth, and threw something away into the area of Mr. Gibbon, the baker; it sounded like money, and more than one piece—I gave the shilling which the prisoner gave me to the officer, after my husband had marked it—this is it—I had not lost sight of it, but kept it in my hand.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-150" type="witnessName">
<interp inst="t18520614-name-150" type="gender" value="male"/>
<interp inst="t18520614-name-150" type="surname" value="BURGESS"/>
<interp inst="t18520614-name-150" type="given" value="JOHN"/>JOHN BURGESS</persName> </hi>. I am in the employ of Mr. Gibbon, a baker, in Clare-court; he has an area. On that morning I beard something fall in this area—I went down and found two shillings—I marked them, and gave them to the policeman.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-151" type="witnessName">
<interp inst="t18520614-name-151" type="gender" value="male"/>
<interp inst="t18520614-name-151" type="surname" value="WAIGHT"/>
<interp inst="t18520614-name-151" type="given" value="RICHARD"/>RICHARD WAIGHT</persName> </hi> (
<hi rend="italic">policeman, F</hi> 56). I was called, and took charge of the prisoner—Mrs. Harrison gave me this shilling, which I saw marked by Mr. Harrison before it was delivered to me—between 3 and 4 o'clock on the same day I received these two shillings from the last witness; he marked them before he gave them to me—I found on the prisoner 4
<hi rend="italic">d</hi>. in copper, one shilling, two sixpences, and two 4
<hi rend="italic">d</hi>.-pieces.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> You went with a lantern to the area?
<hi rend="italic">A.</hi> Yes; I could not find anything—we thought it best to leave it till daylight—I went again between 3 and 4—the last witness heard us talking—there was a great deal of rubbish in the area, dust, and straw, and paper.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-152" type="witnessName">
<interp inst="t18520614-name-152" type="gender" value="male"/>
<interp inst="t18520614-name-152" type="surname" value="WEBSTER"/>
<interp inst="t18520614-name-152" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are all counterfeit, and these two that were in the area are of the same mould.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I went to the house for half a quartern of gin, and they said it was a bad shilling; they took me back to the house, and the landlord gave me in charge; they went to the area, and could not find any
<lb/>thing; they went two or three hours afterwards, and found these in it.</p>
<p>
<hi rend="smallCaps">
<rs id="t18520614-615-verdict-1" type="verdictDescription">
<interp inst="t18520614-615-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-615-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 33.—
<hi rend="italic">
<rs id="t18520614-615-punishment-29" type="punishmentDescription">
<interp inst="t18520614-615-punishment-29" type="punishmentCategory" value="imprison"/>
<interp inst="t18520614-615-punishment-29" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-615-18520614 t18520614-615-punishment-29"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18520614-616">
<interp inst="t18520614-616" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-616" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-616-charge-1" targOrder="Y" targets="def1-616-18520614 t18520614-616-offence-1 t18520614-616-verdict-1"/>
<p>616.
<persName id="def1-616-18520614" type="defendantName">
<interp inst="def1-616-18520614" type="gender" value="male"/>
<interp inst="def1-616-18520614" type="age" value="22"/>
<interp inst="def1-616-18520614" type="surname" value="BURKE"/>
<interp inst="def1-616-18520614" type="given" value="MARTIN"/>
<hi rend="largeCaps">MARTIN BURKE</hi> </persName> was indicted
<rs id="t18520614-616-offence-1" type="offenceDescription">
<interp inst="t18520614-616-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18520614-616-offence-1" type="offenceSubcategory" value="wounding"/> for feloniously cutting and wound
<lb/>ing
<persName id="t18520614-name-154" type="victimName">
<interp inst="t18520614-name-154" type="gender" value="male"/>
<interp inst="t18520614-name-154" type="surname" value="BOXALL"/>
<interp inst="t18520614-name-154" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18520614-616-offence-1 t18520614-name-154"/>James Boxall</persName>, with intent to do him some grievous bodily harm: to which he pleaded</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18520614-616-verdict-1" type="verdictDescription">
<interp inst="t18520614-616-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-616-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi>. Aged 22.—
<hi rend="italic">
<rs id="t18520614-616-punishment-30" type="punishmentDescription">
<interp inst="t18520614-616-punishment-30" type="punishmentCategory" value="imprison"/>
<interp inst="t18520614-616-punishment-30" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-616-18520614 t18520614-616-punishment-30"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18520614-617">
<interp inst="t18520614-617" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-617" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-617-charge-1" targOrder="Y" targets="def1-617-18520614 t18520614-617-offence-1 t18520614-617-verdict-1"/>
<p>617.
<persName id="def1-617-18520614" type="defendantName">
<interp inst="def1-617-18520614" type="gender" value="male"/>
<interp inst="def1-617-18520614" type="age" value="17"/>
<interp inst="def1-617-18520614" type="surname" value="BURTON"/>
<interp inst="def1-617-18520614" type="given" value="SAMUEL"/>
<hi rend="largeCaps">SAMUEL BURTON</hi> </persName>
<rs id="t18520614-617-offence-1" type="offenceDescription">
<interp inst="t18520614-617-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18520614-617-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing 1 brooch, value 30
<hi rend="italic">s</hi>.; the goods of
<persName id="t18520614-name-156" type="victimName">
<interp inst="t18520614-name-156" type="gender" value="female"/>
<interp inst="t18520614-name-156" type="surname" value="MARKLEW"/>
<interp inst="t18520614-name-156" type="given" value="CLARA"/>
<join result="offenceVictim" targOrder="Y" targets="t18520614-617-offence-1 t18520614-name-156"/>Clara Marklew</persName>; and 1 workbox, value 1
<hi rend="italic">s</hi>.; the goods of
<persName id="t18520614-name-157" type="victimName">
<interp inst="t18520614-name-157" type="gender" value="male"/>
<interp inst="t18520614-name-157" type="surname" value="MARKLEW"/>
<interp inst="t18520614-name-157" type="given" value="EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18520614-617-offence-1 t18520614-name-157"/>Edward Marklew</persName>: to which he pleaded</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18520614-617-verdict-1" type="verdictDescription">
<interp inst="t18520614-617-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-617-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi>. Aged 17.—
<hi rend="italic">
<rs id="t18520614-617-punishment-31" type="punishmentDescription">
<interp inst="t18520614-617-punishment-31" type="punishmentCategory" value="imprison"/>
<interp inst="t18520614-617-punishment-31" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-617-18520614 t18520614-617-punishment-31"/>Confined Four Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18520614-618">
<interp inst="t18520614-618" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-618" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-618-charge-1" targOrder="Y" targets="def1-618-18520614 t18520614-618-offence-1 t18520614-618-verdict-1"/>
<p>618.
<persName id="def1-618-18520614" type="defendantName">
<interp inst="def1-618-18520614" type="gender" value="male"/>
<interp inst="def1-618-18520614" type="surname" value="RUBY"/>
<interp inst="def1-618-18520614" type="given" value="ELIAS"/>
<hi rend="largeCaps">ELIAS RUBY,</hi> </persName>
<rs id="t18520614-618-offence-1" type="offenceDescription">
<interp inst="t18520614-618-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18520614-618-offence-1" type="offenceSubcategory" value="assault"/> unlawfully assaulting
<persName id="t18520614-name-159" type="victimName">
<interp inst="t18520614-name-159" type="gender" value="female"/>
<interp inst="t18520614-name-159" type="surname" value="BURTON"/>
<interp inst="t18520614-name-159" type="given" value="LOUISA"/>
<join result="offenceVictim" targOrder="Y" targets="t18520614-618-offence-1 t18520614-name-159"/>Louisa Burton</persName>, with intent, &c.</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18520614-618-verdict-1" type="verdictDescription">
<interp inst="t18520614-618-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18520614-618-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<xptr type="pageFacsimile" doc="185206140037"/>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, June</hi> 16
<hi rend="italic">th</hi>, 1852.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>—The Right Hon. the
<hi rend="smallCaps">LORD MAYOR</hi>; Mr. Baron
<hi rend="smallCaps">ALDERSON</hi>; Mr. Justice
<hi rend="smallCaps">COLERIDGE</hi>; Sir
<hi rend="smallCaps">GEORGE CARROLL</hi>, Knt. Ald.; Mr. Ald.
<hi rend="smallCaps">CARTER</hi>; Mr. Ald.
<hi rend="smallCaps">CUBITT</hi>; and
<hi rend="smallCaps">RUSSELL GURNEY</hi>, Esq.</p>
<p>
<hi rend="italic">Before Mr. Baron Alderson, and the Third Jury.</hi> </p>
<div1 type="trialAccount" id="t18520614-619">
<interp inst="t18520614-619" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-619" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-619-charge-1" targOrder="Y" targets="def1-619-18520614 t18520614-619-offence-1 t18520614-619-verdict-1"/>
<p>619.
<persName id="def1-619-18520614" type="defendantName">
<interp inst="def1-619-18520614" type="gender" value="male"/>
<interp inst="def1-619-18520614" type="surname" value="BAKER"/>
<interp inst="def1-619-18520614" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY BAKER</hi> </persName>, was indicted
<rs id="t18520614-619-offence-1" type="offenceDescription">
<interp inst="t18520614-619-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18520614-619-offence-1" type="offenceSubcategory" value="other"/> for unlawfully keeping a house for the reception of lunatics, not being duly licensed for that purpose.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. CLARKSON</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">BODKIN</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">MR. CLARKSON</hi> stated that the only object of the prosecution was to prevent houses of the kind being carried on without the proper authority,
<hi rend="smallCaps">MR. BAL
<lb/>LANTINE</hi>, for the prisoner, expressed his readiness to make application for that purpose.
<rs id="t18520614-619-verdict-1" type="verdictDescription">
<interp inst="t18520614-619-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-619-verdict-1" type="verdictSubcategory" value="no_subcategory"/>Under the directum of the
<hi rend="smallCaps">COURT</hi>, the Jury found a verdict of Guilty,</rs>
<rs id="t18520614-619-punishment-32" type="punishmentDescription">
<interp inst="t18520614-619-punishment-32" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18520614-619-punishment-32" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-619-18520614 t18520614-619-punishment-32"/>to enter into his own recognizance in 1,000
<hi rend="italic">l</hi>.,</rs> and
<rs id="t18520614-619-punishment-33" type="punishmentDescription">
<interp inst="t18520614-619-punishment-33" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18520614-619-punishment-33" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-619-18520614 t18520614-619-punishment-33"/>to find two sureties of 500
<hi rend="italic">l</hi>. each, to appear and receive judgment when called upon.</rs> </p>
<p>
<hi rend="italic">Before Mr. Justice Coleridge.</hi> </p> </div1>
<div1 type="trialAccount" id="t18520614-620">
<interp inst="t18520614-620" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-620" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-620-charge-1" targOrder="Y" targets="def1-620-18520614 t18520614-620-offence-1 t18520614-620-verdict-1"/>
<p>620.
<persName id="def1-620-18520614" type="defendantName">
<interp inst="def1-620-18520614" type="gender" value="male"/>
<interp inst="def1-620-18520614" type="age" value="26"/>
<interp inst="def1-620-18520614" type="surname" value="SULLIVAN"/>
<interp inst="def1-620-18520614" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES SULLIVAN</hi> </persName>
<rs id="t18520614-620-offence-1" type="offenceDescription">
<interp inst="t18520614-620-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18520614-620-offence-1" type="offenceSubcategory" value="wounding"/>, maliciously wounding
<persName id="t18520614-name-162" type="victimName">
<interp inst="t18520614-name-162" type="gender" value="male"/>
<interp inst="t18520614-name-162" type="surname" value="CURTIS"/>
<interp inst="t18520614-name-162" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18520614-620-offence-1 t18520614-name-162"/>William Curtis</persName>, with intent to maim and disable him.—2nd
<hi rend="smallCaps">COUNT</hi>, to do him grievous bodily harm.</rs> </p>
<p>
<hi rend="smallCaps">MR. BODKIN</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-163" type="witnessName">
<interp inst="t18520614-name-163" type="gender" value="male"/>
<interp inst="t18520614-name-163" type="surname" value="CURTIS"/>
<interp inst="t18520614-name-163" type="given" value="WILLIAM"/>WILLIAM CURTIS</persName> </hi> (
<hi rend="italic">police-sergeant, K</hi> 13). I was on duty at Bromley, on 3rd May, last year—about 12 o'clock at night there were some persons fighting in the High-street, Bromley—I went to them for the purpose of preventing it, and dispersing the crowd—Paul, another constable, was with me—a man named Howlett attacked me, and knocked me down, and I was kicked and struck several times—blood flowed from my head, from the injuries I received from Howlett—when I was down I was held for some time—I got up and was knocked down again—I had got my staff out after Howlett struck me; it was taken from me by the prisoner and his brother, William Sullivan—I was standing up at that time—I laid hold of Howlett with my left hand, and the prisoner struck me with the staff on my head, and knocked me down insensible—when I recovered I was in the surgeon's shop—I was off duty for five or six weeks—I am suffering now from the effects of the blows—the prisoner was taken about three weeks ago—I had not seen him before—his brother and Howlett were tried at a former session.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Do not you know that the prisoner is a seaman, and has been to America in a merchant vessel since?
<hi rend="italic">A.</hi> He told me so; I do not know it, except from what he told me—this happened near a beer-shop—there was a large crowd and a great noise—I did not see the commencement of it—I believe it began by two partiea fighting—there were some women there afterwards—I did not notice them there at first—I did not knock one of them down with my staff, nor did any of the other con
<lb/>stables, that I am aware of; I did not see them—none of the women were taken into custody—I was held by three women after I was first knocked down; two of them were the prisoner's sisters—I did not see Howlett or the prisoner when I first went up—I did not see Howlett till be struck me—it was after Howlett had struck me that I saw the prisoner—I was not insen
<lb/>sible from Howlett's blow—I got up immediately—it was within five minutes after that that the prisoner struck me—I was not there two minutes before Howlett struck me—the
<hi rend="italic">row</hi> might have been going on five or six minutes—the crowd generally were mingling in the
<hi rend="italic">row.</hi> </p>
<xptr type="pageFacsimile" doc="185206140038"/>
<p>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> Where were you hurt by Howlett?
<hi rend="italic">A.</hi> Here (
<hi rend="italic">in the head</hi>)—the prisoner struck me on or near the same place—I had only one cut in the head—I did not hear the prisoner speak at all.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-164" type="witnessName">
<interp inst="t18520614-name-164" type="gender" value="male"/>
<interp inst="t18520614-name-164" type="surname" value="PAUL"/>
<interp inst="t18520614-name-164" type="given" value="DANIEL"/>DANIEL PAUL</persName> </hi> (
<hi rend="italic">policeman, K</hi> 123). I accompanied Curtis to quell the disturbance—there were some men fighting—we endeavoured to disperse the crowd—while we were so engaged I saw Howlett strike Curtis on the head, with some kind of instrument, I cannot say what—I am sure it was with some instrument—I saw blood come on Curtis's face—I went to take hold of Howlett, when the prisoner struck me, and knocked me down, and I was held down by the mob that was surrounding us—there were some women there—they took part in holding me down—I succeeded at last in getting up, and sprang my rattle—I saw the prisoner wrench the staff out of Curtis's hand, and strike him several blows on the head—he was completely stunned, and was knocked down quite helpless—he was taken away—the prisoner struck me with Curtis's staff across the hand, and I lost my staff—his brother then wrenched the staff out of his hand, and struck the constable, Redding, with it—I called out for a cutlass—I got it from Redding, who came up on my springing my rattle—I struck with the cutlass, and to the best of my recol
<lb/>lection I struck William Sullivan on the wrist with it—the mob then dis
<lb/>persed.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> I believe the prisoner was intoxicated?
<hi rend="italic">A.</hi> No; I do not think he was, by his appearance.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Were the staves recovered?
<hi rend="italic">A.</hi> Yes; I believe on the Sun
<lb/>day morning—(
<hi rend="italic">Curtis here produced his.</hi>)</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-165" type="witnessName">
<interp inst="t18520614-name-165" type="gender" value="male"/>
<interp inst="t18520614-name-165" type="surname" value="REDDING"/>
<interp inst="t18520614-name-165" type="given" value="GEORGE"/>GEORGE REDDING</persName> </hi>. I was a constable at the time in question—I have since left the force—I heard a rattle spring, and went up to where the dis
<lb/>turbance was—I saw Curtis there, and the blood was streaming down his face—I laid hold of the prisoner—I was then thrown down—I had a cutlass on, and while I was down it was broken off my belt—I got it again, and gave it to Paul—at that time William Sullivan struck me on the head with a staff, which knocked me down insensible—I was carried away to a coffee-shop in the neighbourhood.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-166" type="witnessName">
<interp inst="t18520614-name-166" type="gender" value="male"/>
<interp inst="t18520614-name-166" type="surname" value="GARMAN"/>
<interp inst="t18520614-name-166" type="given" value="HENRY VINCENT"/>HENRY VINCENT GARMAN</persName> </hi>. I am a divisional surgeon of police. On 4th May, about 2 o'clock in the morning, I was called to see two police officers, who were injured—I saw Curtis—I examined bis head; it had been previously strapped up by my uncle, who lives in the neighbourhood—on removing the strapping, about three days afterwards, I saw a jagged wound in the upper part of the frontal bone, on the right side of the head, about an inch and a quarter in length—in my opinion it was an injury done by some instrument sharper than a staff, but not a sharp knife—it might have been a stone or a pewter pot—I do not think such a staff as this would do it—I found a great many bruises about the head of Curtis—I did not find any other wound that would have bled at the time that was inflicted—he had but one wound, and I think that was not from a staff.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-167" type="witnessName">
<interp inst="t18520614-name-167" type="gender" value="male"/>
<interp inst="t18520614-name-167" type="surname" value="GARMAN"/>
<interp inst="t18520614-name-167" type="given" value="CORNELIUS EDIWN"/>CORNELIUS EDIWN GARMAN</persName> </hi>. I am a surgeon, and am uncle to the last witness—I was called to see Curtis, about 12 o'clock on this night—I found I him in a state not recovered from fainting—there was evidence of concussion of the brain—I found a wound on the head about an inch and a half long, on the upper part—I should say it was a dangerous wound—I saw him several times afterwards, with my nephew; but I transferred him to his care, as he is the divisional surgeon—he still complains of the injury—the wound may have been inflicted by a blunt instrument—I should say a pewter pot was a very likely instrument to do it with, more likely than a constable's staff.</p>
<xptr type="pageFacsimile" doc="185206140039"/>
<p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> Do you think it possible that a staff could produce such a wound?
<hi rend="italic">A.</hi> I do.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-168" type="witnessName">
<interp inst="t18520614-name-168" type="gender" value="male"/>
<interp inst="t18520614-name-168" type="surname" value="CURTIS"/>
<interp inst="t18520614-name-168" type="given" value="WILLIAM"/>WILLIAM CURTIS</persName> </hi>
<hi rend="italic">re-examined.</hi> I did not see what Howlett struck me with—it was not with his fist—it was some sharp instrument, from the weight and force of the blow—he stood above me—he was on the kerb, and struck down on my head—my hat was off in the crowd—it knocked me down at once, and the blood started at once—I fell in the road—it is a gravel road, not granite—this was before the prisoner came up—I did not see him till he attacked me, which was, I should say, three or four minutes after Howlett's blow.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-169" type="witnessName">
<interp inst="t18520614-name-169" type="gender" value="male"/>
<interp inst="t18520614-name-169" type="surname" value="PAUL"/>
<interp inst="t18520614-name-169" type="given" value="DANIEL"/>DANIEL PAUL</persName> </hi>
<hi rend="italic">re-examined.</hi> I saw Howlett strike Curtis—the prisoner was close by at that time—he was only standing there—as soon as Howlett struck Curtis, and Curtis got up to take hold of him, the prisoner struck me and knocked me down.</p>
<p>
<rs id="t18520614-620-verdict-1" type="verdictDescription">
<interp inst="t18520614-620-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-620-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of Unlawfully Wounding.</hi> </rs> Aged 26.—
<hi rend="italic">
<rs id="t18520614-620-punishment-34" type="punishmentDescription">
<interp inst="t18520614-620-punishment-34" type="punishmentCategory" value="imprison"/>
<interp inst="t18520614-620-punishment-34" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-620-18520614 t18520614-620-punishment-34"/>Confined Twelve Months</rs>.</hi> </p>
<p>
<hi rend="italic">Before Mr. Baron Alderson.</hi> </p> </div1>
<div1 type="trialAccount" id="t18520614-621">
<interp inst="t18520614-621" type="uri" value="sessionsPapers/18520614"/>
<interp inst="t18520614-621" type="date" value="18520614"/>
<join result="criminalCharge" id="t18520614-621-charge-1" targOrder="Y" targets="def1-621-18520614 t18520614-621-offence-1 t18520614-621-verdict-1"/>
<p>621.
<persName id="def1-621-18520614" type="defendantName">
<interp inst="def1-621-18520614" type="gender" value="male"/>
<interp inst="def1-621-18520614" type="age" value="22"/>
<interp inst="def1-621-18520614" type="surname" value="WHALEN"/>
<interp inst="def1-621-18520614" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN WHALEN</hi> </persName>
<rs id="t18520614-621-offence-1" type="offenceDescription">
<interp inst="t18520614-621-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18520614-621-offence-1" type="offenceSubcategory" value="wounding"/>, feloniously stabbing and wounding
<persName id="t18520614-name-171" type="victimName">
<interp inst="t18520614-name-171" type="gender" value="male"/>
<interp inst="t18520614-name-171" type="surname" value="HARFORD"/>
<interp inst="t18520614-name-171" type="given" value="CHARLES EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18520614-621-offence-1 t18520614-name-171"/>Charles Edward Harford</persName>, with intent to resist and prevent his lawful apprehension and detainer.—2nd
<hi rend="smallCaps">COUNT</hi>, to do grievous bodily harm.</rs> </p>
<p>
<hi rend="smallCaps">MR. PLATT</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-172" type="witnessName">
<interp inst="t18520614-name-172" type="gender" value="male"/>
<interp inst="t18520614-name-172" type="surname" value="MASTERS"/>
<interp inst="t18520614-name-172" type="given" value="GEORGE"/>GEORGE MASTERS</persName> </hi> (
<hi rend="italic">policeman, D</hi> 121). About two o'clock in the morning of the 13th May I was standing at the corner of Tichbourne-street—sergeant Harford was near me—I saw the prisoner and another man turn the corner from out of Cambridge-square—I did not see from what place they came—they passed to the opposite side of the street—Harford came up, and he and I went over to them and stopped them—Harford asked them what they had been doing at that doorway in the square—they said, "We have been at no doorway—Harford said", "You have"—I saw the prisoner put his hand in the breast of his coat—Harford asked him what he had there—the prisoner took a step back—I saw something white in his hand in the air—he appeared to strike Harford, and he was knocked down—he also struck at me, but missed me—he then ran away—the other man ran away directly Harford was struck—when Harford got up we sprang our rattles, snd a short distance off I found the prisoner in the custody of Dunlap, almost momentarily—I ran after the other man, but he got away—I then returned, and saw the prisoner and Dunlap struggling violently on the ground—I saw him assault Dunlap by kicking him three or four times on the legs—he was secured—Harford came back after me—he was bleeding on the left side—he had a wound on the head—I afterwards saw Harford go out into the road and pick up this instrument (
<hi rend="italic">produced</hi>), it is elastic—one end of it is loaded with lead—it is covered with white leather—it is very heavy.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. O'BRIEN</hi>
<hi rend="italic">Q.</hi> How far had they gone from Cambridge-square when you and Harford came up?
<hi rend="italic">A.</hi> About ten or fifteen yards—I had not seen them in the square at all—when Harford came up, he came behind them—they stopped, and when Harford spoke to them we were facing them—he did not lay hold of the prisoner or the other, nor did I—I believe the prisoner wore the coat he has on now—I do not think it was buttoned—when Harford said, "What have you got there?" he put his hand towards him—whether he touched him I could not say—I had not hold of the prisoner before he ran away—it was a drizzly wet night—I bad never seen the prisoner before to my knowledge.</p>
<xptr type="pageFacsimile" doc="185206140040"/>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> When they ran away, in what direction did the prisoner run?
<hi rend="italic">A.</hi> Towards the Edgware-road—the place where I found him struggling with Dunlap was in that direction, and about thirty yards off.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-173" type="witnessName">
<interp inst="t18520614-name-173" type="gender" value="male"/>
<interp inst="t18520614-name-173" type="surname" value="DUNLAP"/>
<interp inst="t18520614-name-173" type="given" value="ROBERT"/>ROBERT DUNLAP</persName> </hi> (
<hi rend="italic">policeman, D</hi> 133). About 2 o'clock in the morning in question I was in Oxford-terrace, which is close by Cambridge-square—I heard a rattle spring—I saw the prisoner and another man running along Oxford-terrace—I saw him come from Porchester-street—Titchbourne-street runs into Upper Porchester-street, and from there, to go in the direction of Edgeware-road, you have to turn to the right along Ox ford-terrace, where I saw the prisoner and the other man; I drew my staff—I met the other man, he struck me, and I fell, and he got away—the prisoner had this instrument in his hand in a raised position at the time he was running—I had my staff out previously to seeing that—as he passed me he struck at me, and I caught the blow on my staff, and parried with my staff at the same time—I struck him on the head—this instrument flew out of his hand into the road, and he fell—I took hold of him, and we had a violent struggle together—I was at last enabled to spring my rattle—Masters came up to my assistance, and the prisoner was taken.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you show Harford the place where the instrument fell?
<hi rend="italic">A.</hi> I did, and I saw him pick it up—Harford was without his hat, and his face was covered with blood, and also his cape—the prisoner was very violent all the way to the station—I asked him, "Why were you running?"—he said, "I heard a row, and was running away from it."</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-174" type="witnessName">
<interp inst="t18520614-name-174" type="gender" value="male"/>
<interp inst="t18520614-name-174" type="surname" value="HARFORD"/>
<interp inst="t18520614-name-174" type="given" value="CHARLES EDWARD"/>CHARLES EDWARD HARFORD</persName> </hi> (
<hi rend="italic">police-sergeant, D</hi> 382). About 2 o'clock in the morning I was passing the east end of Cambridge-square, and saw the prisoner and another man come from a doorway in the square—they came towards me, and turned into Upper Porchester-street—I and Masters followed them, and they were stopped—I asked the prisoner what he was doing in the doorway in the square at that hour in the morning—he said he was not in the doorway—I said, "You were there, I saw you"—he then put his right hand inside the left side of his coat, and held his coat with his left hand—I said, "What have you got there?"—I put my hand towards him, and was immediately knocked to the ground—I could not see what it was done with—it was done instantly—here is the wound—theblow was on the side of the temple—I was confined to my bed for a week, and was attended by a surgeon—when I recovered myself I saw two men on Oxford-terrace—I was bleeding very much indeed—Masters sprang his rattle, and very shortly after I saw the prisoner in the custody of Dunlap—I ran after the other man, and when I came back Dunlap pointed out this instrument lying in the road—it was close by where the prisoner was—there is a mark of blood upon it.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Did you lay hold of him at all when you came up?
<hi rend="italic">A.</hi> No; I did not put my hand on the breast of his coat; not at all, only at first, when I came up—that was before he struck me—that was not to apprehend him—I was not going to apprehend him, merely to know his business at that time in the morning.</p>
<p>
<hi rend="smallCaps">
<persName id="t18520614-name-175" type="witnessName">
<interp inst="t18520614-name-175" type="gender" value="male"/>
<interp inst="t18520614-name-175" type="surname" value="WILSON"/>
<interp inst="t18520614-name-175" type="given" value="GEORGE"/>GEORGE WILSON</persName> </hi>. I am a surgeon, living with Mr. Vickers, in Baker-street. I was called to attend Harford—I found him suffering from a wound just over the temple—it was a contused, lacerated wound—the skin was broken and destroyed—such an instrument as this would produce it—it must have been done with great violence, because the skin was destroyed, and sloughed away—erysipelas came on for two or three days.</p>
<p>
<hi rend="smallCaps">
<rs id="t18520614-621-verdict-1" type="verdictDescription">
<interp inst="t18520614-621-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18520614-621-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 22.—
<hi rend="italic">
<rs id="t18520614-621-punishment-35" type="punishmentDescription">
<interp inst="t18520614-621-punishment-35" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-621-18520614 t18520614-621-punishment-35"/>Transported for Ten Years</rs>.</hi> </p>
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<p>
<hi rend="italic">Before Mr. Justice Coleridge.</hi> </p> </div1>
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<join result="criminalCharge" id="t18520614-622-charge-1" targOrder="Y" targets="def1-622-18520614 t18520614-622-offence-1 t18520614-622-verdict-1"/>
<join result="criminalCharge" id="t18520614-622-charge-2" targOrder="Y" targets="def2-622-18520614 t18520614-622-offence-1 t18520614-622-verdict-2"/>
<p>622.
<persName id="def1-622-18520614" type="defendantName">
<interp inst="def1-622-18520614" type="gender" value="male"/>
<interp inst="def1-622-18520614" type="age" value="32"/>
<interp inst="def1-622-18520614" type="surname" value="DONOGHUE"/>
<interp inst="def1-622-18520614" type="given" value="GARRETT"/>
<hi rend="largeCaps"