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<p>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<p>
<hi rend="largeCaps">SIDNEY, MAYOR. THIRD 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, January</hi> 2
<hi rend="italic">nd</hi>, 1854.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>—The Right Hon. the
<hi rend="largeCaps">LORD MAYOR</hi>; Sir
<hi rend="smallCaps">JOHN MUSGROVE</hi>, Bart, Ald.; Mr.
<hi rend="smallCaps">RECORDER</hi>; Mr. Ald.
<hi rend="smallCaps">MOON</hi>; Sir
<hi rend="smallCaps">ROBERT WALTER CARDEN</hi>, Knt. Ald.; Mr. Ald.
<hi rend="smallCaps">FINNIS</hi>; and Mr. Ald.
<hi rend="smallCaps">CUBITT</hi>.</p>
<p>
<hi rend="italic">Before Mr. Recorder and the First Jury.</hi> </p>
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<p>160.
<persName id="def1-160-18540102" type="defendantName">
<interp inst="def1-160-18540102" type="gender" value="male"/>
<interp inst="def1-160-18540102" type="age" value="21"/>
<interp inst="def1-160-18540102" type="surname" value="CRUTCHLEY"/>
<interp inst="def1-160-18540102" type="given" value="FREDERICK ROSENTHAL"/>
<hi rend="largeCaps">FREDERICK ROSENTHAL CRUTCHLEY</hi> </persName> was indicted
<rs id="t18540102-160-offence-1" type="offenceDescription">
<interp inst="t18540102-160-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18540102-160-offence-1" type="offenceSubcategory" value="fraud"/> (
<hi rend="italic">to
<lb/>gether with
<persName id="t18540102-name-2" type="victimName">
<interp inst="t18540102-name-2" type="gender" value="male"/>
<interp inst="t18540102-name-2" type="surname" value="MORTON"/>
<interp inst="t18540102-name-2" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18540102-160-offence-1 t18540102-name-2"/>William Morton</persName>, who was convicted at the last Session, see page</hi> 149) for unlawfully obtaining money by false pretences, and for conspiring to cheat and defraud
<persName id="t18540102-name-3" type="victimName">
<interp inst="t18540102-name-3" type="gender" value="female"/>
<interp inst="t18540102-name-3" type="surname" value="BURTON"/>
<interp inst="t18540102-name-3" type="given" value="CAROLINE"/>
<join result="offenceVictim" targOrder="Y" targets="t18540102-160-offence-1 t18540102-name-3"/>Caroline Burton</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. BALLANTINE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">ROBINSON</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-4" type="witnessName">
<interp inst="t18540102-name-4" type="gender" value="female"/>
<interp inst="t18540102-name-4" type="surname" value="BURTON"/>
<interp inst="t18540102-name-4" type="given" value="CAROLINE"/>CAROLINE BURTON</persName> </hi>. I was married to Mr. Burton in Feb., 1853; his name is Thomas Jones Burton. In the year 1852 I became acquainted with the defendant Crutchley; he was introduced to me by a person of the name of Stanborough—the first transaction between us was his getting me to dis
<lb/>count a bill for 20
<hi rend="italic">l</hi>.—I did discount it—I think it was upon the application of Stanborough, who was to take it to Mr. Crutchley, at Brighton—I was asked, as a very great favour, if I would lend him that money; and I never, until then, discounted a bill in my life, or ever did to anybody but them—before that bill became due, an application was made to me by Crutchley, with regard to another bill—that was a bill for 300
<hi rend="italic">l</hi>.—it was represented to me by Crutchley that a lady of the name of Nash wanted some money—the bill purported to be drawn by her—I made inquiries about it—I went to a Miss Bowles—I made inquiries about every bill, though I have been so deceived—I gave back the 20
<hi rend="italic">l</hi>. bill and 250
<hi rend="italic">l</hi>. in money for that 300
<hi rend="italic">l</hi>. bill—that was 270
<hi rend="italic">l</hi>. which I advanced upon that bill—that was what he himself said I ought to give—I never suggested what I was to give—it was Crutch
<lb/>ley's own suggestion—I did not know what I was to give—before that bill of 300
<hi rend="italic">l</hi>. became due, another bill was offered to me by Crutchley—that was a bill of a person of the name of Rawson, upon Wright; it wag a promis
<lb/>sory</p>
<xptr type="pageFacsimile" doc="185401020002"/>
<p>note for 1,000
<hi rend="italic">l</hi>.—Crutchley brought it me—by the tenor of that note I should say that Wright was to pay the money upon it—it might be from Wright to Rawson, I cannot say—I am sure Wright was the person that was to pay it—when Crutchley brought me that note he told me that Wright was a man of large fortune; landed property in Northumberland—he told me the name of the place where he lived was Whitley-court—that was the name of his residence—I asked Crutchley particularly that I might see Wright; but he always told me, throughout the whole affair, that Wright was a person that did not wish to have anything to do with ladies; that it was all right; but that I could not see him, because he did not wish to have anything to do with ladies in the affair; but that he would see that it was all right—I said I could not advance such a large sum of money; that I had never done anything of the kind; and that I could not do it unless I knew that Mr. Wright was really the man of fortune that he was represented to be—upon that Crutchley said, "There is a gentleman, a friend of his, who will be up in London about this time, and you had better come and see this person, and he will satisfy you who and what Mr. Wright is"—it was then arranged that I and Crutchley were to go and see this person—I cannot remember the day on which we went, but it was in the beginning of May, because I know on the 13th May I went to Childs', the bankers', to draw out the money—Crutchley and Stanborough went with me to see this person—we went in a
<hi rend="italic">cab</hi> together—Stanborough got out before we got to the place—I cannot swear where the place was—I was talking at the time, and I really do not know—it was at an hotel, either in Berners-street or the lower part of Oxford-street, or Holborn—it was a large hotel—when we got there Mr. Crutchley inquired for Mr. Gray or Grake—I cannot exactly remember the name, but it was not Morton—I am quite sure of that—he asked if this Mr. Gray or Grake was within—the answer was that he was—Crutchley then said to me, "You had better go up alone, because you can ask questions better without me than with me; ask every thing you like"—I went up alone, and was introduced into a room where I saw a person who I have since known as Morton, and who was tried here last Session, and convicted—he is the person who was represented to me as Mr. Gray or Grake—he was sitting there with a bag of papers, like a lawyer—I said I had come to inquire about a Mr. Wright, who I was told was a man of large landed property in Northumberland, that I was going to lend some money, and wished to know if he was highly respectable, and a man of fortune—Morton said that he was a man of large fortune, and highly respectable—he said, "Your money is as safe as possible," and said that the fortune was in Northumberland, and consisted of landed estates; that the residence was Whitley-court, and that he was a near neighbour of his, and the money was as safe as could possibly be—before I left, Crutchley came up stairs into the room, and said, "Well, have you asked what questions you pleased of Mr. Gray?" or "Grake"—I said, "Yes"—he said, "Are you satisfied?"—I said, "Yes; this gentleman says he is a near neighbour of his, and is a man of large fortune, and my money is perfectly safe"—I said I wanted to see Mr. Wright; he said I could not, and I said I must have the money back in October, as that was the time I wanted it—Crutchley assured me that I should have it, and I lent the money—I went to Childs', the bankers', to get it; Crutchley went with me—I advanced a 300
<hi rend="italic">l</hi>. note and about 650
<hi rend="italic">l</hi>., 660
<hi rend="italic">l</hi>. or 670
<hi rend="italic">l</hi>. in cash; it was 970
<hi rend="italic">l</hi>. altogether, but you know I have never had a farthing back—I had 378
<hi rend="italic">l</hi>. from Childs'—about June, Crutchley came to me again with a bill of 2,000
<hi rend="italic">l</hi>., drawn by Colonel</p>
<xptr type="pageFacsimile" doc="185401020003"/>
<p>Bulkeley on Mr. Wright—I said I knew something of Mr. Bulkeley; I knew the lady he had married, and I did not think he was a man of large fortune; Mr. Crutchley assured me that he was—of course I advanced the money again—Crutchley said it was all right about "Wright, and he repeated to me in the most solemn manner that it was all right, that I should never lose any of the money, that it was as safe as possible—in consequence of those representations, I gave back the 1,000
<hi rend="italic">l</hi>. bill, and 700
<hi rend="italic">l</hi>. in money for the 2,000
<hi rend="italic">l</hi>. bill—I have got that written down on a piece of paper, which I can swear to—it is only a scrap of paper—I received 300
<hi rend="italic">l</hi>. for discount—he was the person that suggested it, and I had confidence in him, and thought him very honourable—it was the bond that was to be paid in Oct.—the 2,000
<hi rend="italic">l</hi>. bill would fall due in about two or three months—about the middle of Aug. Crutchley came to me, and said he had been thinking of the affair, and it would be much better to change the bill into a bond, because it would be so much more secure—I asked him over and over again; and I asked Stanborough the same, and he said it would be so much more secure on land, on his own Land, his estates at Whitley-court—the bond was to be for 2,600
<hi rend="italic">l</hi>., and I was to go with him to Mr. Boucher, a lawyer, at Guildhall, for the bond to be given—I saw a letter from Wright at Mr. Boucher's at that time, saying that he should be in funds in Oct.—Crutchley showed it to me—this (
<hi rend="italic">produced</hi>) is the bond—it purports to be made from Wright to Crutchley; and I said it was a very extraordinary thing, as the money was mine, that it should be made out to him, and he said that made no difference—he always said Mr. Wright did not wish to have anything to do with ladies—that was told me every time—before the bond was signed, I said I could not advance so much as the additional 600
<hi rend="italic">l</hi>., and Crutchley said, "I will join you in doing it"—he said he would pay 200
<hi rend="italic">l</hi>., and I was to pay the rest—I paid about 250
<hi rend="italic">l</hi>. or 300
<hi rend="italic">l</hi>.—I gave back the 2,000
<hi rend="italic">l</hi>. bill of Captain Bulkeley, and gave 250
<hi rend="italic">l</hi>. or 300
<hi rend="italic">l</hi>. to Crutchley—he was to make up the difference—I never had the bond myself at that time, it was kept by Mr. Boucher—in Dec., 1852, or Jan., 1853, Crutchley called on me, and said if I gave him a bill for 150
<hi rend="italic">l</hi>., I should have his interest in the bond—I did so, and Mr. Burton has paid it since my marriage—between Oct. and that time I had made application constantly to Crutchley for the money, which was to be paid in Oct., and he said he did not suppose it made any difference to me, as I was receiving 5
<hi rend="italic">l</hi>. per cent, and he supposed it was not convenient to Mr. Wright—I have never received the 5
<hi rend="italic">l</hi>. per cent.—I asked him for it several times, whenever I saw him, because I wanted the money—I told him repeatedly that I never should have lent it if he had not assured me that I should have it back in Oct.—I have frequently seen Mr. Wright, and he assured me that he had not 20
<hi rend="italic">s</hi>. in the world—if I had once seen him, I never would have lent him the money—I first saw him two or three months ago, when this trial was first coming on—with great difficulty he had been found—I went to a house to identify Morton, and there I saw Wright—I saw a person named Wright at the Police-court at the time when Crutchley and Morton were under examination—I heard Wright examined—there was no other Wright examined with reference to this particular case—I do not speak about his personal appearance, because a most gentlemanly man may look vulgar; but I never saw a more vulgar, low man than he was—just before my marriage, I told the defendant he had always promised me that the money should be paid on 18th Feb.; and after my marriage, when I came back from Paris, which was much about</p>
<xptr type="pageFacsimile" doc="185401020004"/>
<p>that time, I spoke to him about it, and he then said he had done a great deal better for me, he had made it into another bond for 2,700
<hi rend="italic">l</hi>., and it would not now be paid till 1855, and I was to receive 5
<hi rend="italic">l</hi>. per cent., for it, and he had added another 100
<hi rend="italic">l</hi>. for the interest—nothing was advanced by me after that—that bond was in Mr. Boucher's hands, and we paid 17
<hi rend="italic">l</hi>. for preparing it—I have never received any portion of the money I advanced—I afterwards called on Mr. Crutchley, at his residence, and frequently spoke to him about it—a few days before the last Session, I was at a ball at Willis's rooms, and saw Mr. Hawke, Crutchley's solicitor, there—he joined in a game at whist, at which I was engaged, and asked me if I would speak to him after the game was over, and by his inducement I went with him to Crutchley, in the Bench, and saw him.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PARRY</hi>.
<hi rend="italic">Q.</hi> The first bill you discounted in your life was this 20
<hi rend="italic">l</hi>. one?
<hi rend="italic">A.</hi> Yes; I had never discounted bills through Mr. Stanborough—he is not here; he was not here on the last occasion—I have seen him since these proceedings originated—I do not think I ever got any bills discounted, or discounted any through him—I certainly said, when I gave my evidence, that I never discounted any bills but through Crutchley and Stanborough—they were united very much, and I thought they were in part
<lb/>nership—I should certainly say I never discounted any other bill before this 20
<hi rend="italic">l</hi>. one; I cannot say more—I have two or three times in my life discounted bills, from kindness and charity, but I think it has been since this, and I have received no interest whatever for them—I cannot undertake to swear it was since; but there are some ladies who I discounted bills for, from kindness, and I have never been paid yet—I have occasionally speculated in many matters, but I do not see what that has to do with a person defrauding me—I have been in the habit of speculating in shares, and things of that kind, a little—I believe the defendant came of age in March, 1853—I repeatedly said to him, "I know you are not of age, and therefore I have no legal claim on you;" but he assured me that he was honourable—I cannot tell you Morton's age, who was tried here last Session, nor Wright's age—Morton may perhaps be two or three-and-thirty; I cannot tell—I know Crutchley's family, and he constantly told me not to mention these affairs at his house to his parents—I visited his mother and sisters in the summer of 1852—I was on friendly terms, so as occasionally to take meals there, and I invited them to my house—we interchanged courtesies and hospitalities—I know nothing about one of the Misses Crutchley's selling a portion which belonged to her, for the purpose of my husband carrying on his business—I may have heard it, and I may not; I have nothing to do with the business.</p>
<p>
<hi rend="italic">Q.</hi> Do you know whether, when this young man came of age, that he became a partner of your husband?
<hi rend="italic">A.</hi> Upon my honour, I do not know anything of the affairs of the business; I have an independent fortune—my husband is a Church decorator, in Wigmore-street, but it has nothing to do with me.</p>
<p>
<hi rend="italic">Q.</hi> Do not you know, as well as that I am speaking to you, that this young man, when he came of age, sold whatever property he had, and advanced upwards of 2,000
<hi rend="italic">l</hi>. to your husband in March, 1853?
<hi rend="italic">A.</hi> I do not; I have heard that there has been some squabbling about money, but I have never listened to it; it does not at all concern me.</p>
<p>
<hi rend="italic">Q.</hi> Is not a Chancery suit pending which was instituted by this young man against your husband, and has it not been a matter of constant con
<lb/>versation between you and your solicitor?
<hi rend="italic">A.</hi> Not with me; I have never</p>
<xptr type="pageFacsimile" doc="185401020005"/>
<p>consulted the solicitor in the least about it—I was told, to my utter surprise, that this young man had chosen to call himself my next friend, and as he had been a
<hi rend="italic">very kind friend</hi> to me, I thought that was all I had to do with it—before this indictment was preferred, I heard that he had instituted a Chancery suit, but I do not know anything about it—I never spoke to the solicitor about it, but I was spoken to about it, and certainly disclaimed his being my next friend—I have never heard my husband threaten to ruin this young man; I believe he is too good a man—I believe Mr. Crutchley went out of town in Aug., 1852—he was out of town a few weeks, I should think; I do not know that it was longer—he went after I had got the bond—I believe this letter (
<hi rend="italic">produced</hi>) is my husband's writing—this other letter (
<hi rend="italic">produced</hi>) is my husband's writing—I made inquiry about Mrs. Nash through Miss Bowles—I did not make inquiries about Captain Bulkeley at all; I had known his family, and I believed him to be honest—I relied on Crutchley as regards Captain Bulkeley, and I knew him to be a gentleman, and a very different man to Wright, I should say; that is from what I now know of Wright—they said that Wright was not here on the morning when the last trial took place; I never saw him then—I have seen him frequently—I have never given Wright one farthing at any time—I have never authorized any one to do so for me—he has certainly not been main
<lb/>tained by me, or by any one I know—at the time I visited Crutchley's mother, Mrs. Millbank, she resided in Harewood-street, Harewood-square—I asked Mr. Stanborough to make inquiries about Rawson for me—I asked him at the same time to make inquiries about Mr. Wright for me—I took every precaution I could—I have not seen Stanborough for these two or three months; I do not know exactly how long, perhaps two months—his family are respectable, but he, I think, cannot be—his family are very poor, but I believe his mother is a very, lady-like woman—I have certainly lent them money, which they have never repaid me—I lent the mother 30
<hi rend="italic">l</hi>., which I shall never see again—that was without any bill at all—I know they are very poor—I do not know that they are otherwise than respectable—I do not recollect that the name of Lord Hastings was mentioned to me by any one—I never made any inquiries at all from Lord Hastings—I cannot say that Stanborough might not have done so—I never told him to do so—he told me that Rawson was of a very respectable family.</p>
<p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Had you known Crutchley before Stanborough introduced you to him?
<hi rend="italic">A.</hi> Never; upon that introduction, I became acquainted with the rest of his family; and while these transactions were going on, I was in the habit of visiting them occasionally—I married Mr. Burton on 7th Feb.; I saw him for the first time in July last year—I was introduced to him by his mother—Crutchley is related to Mr. Burton; he is a cousin—I was acquainte dwith that fact at the time of my introduction—I was told that he was a cousin of theirs—Mrs. Millbank told me so—it was in that way I was introduced.</p>
<p>
<hi rend="italic">Q.</hi> You say you have heard of some proceedings in Chancery, have you heard what they were for?
<hi rend="italic">A.</hi> I did not listen to it; it was never spoken of to me—I have never seen a solicitor upon the subject, about Mr. Burton's affairs—I was told that Crutchley had instituted a suit in Chancery, and that he called himself my next friend, and wanted to have some settlement; what it was I do not know; it was some settlement made upon me of my own property—I was not in the least a party to that suit—I was never consulted—I did not at all desire it—I took my affidavit that I did not wish it—I have heard that Miss Crutchley has advanced money, but I</p>
<xptr type="pageFacsimile" doc="185401020006"/>
<p>never heard it from her, nor did I ever inquire—I do not know when it was advanced—I am told that it has been repaid; everything has been repaid—from the same source that I heard of its advance, I heard that it was repaid—I heard it principally from Mr. Surman, a lawyer, to whom I went.</p>
<p>
<hi rend="smallCaps">MR. PARRY</hi>.
<hi rend="italic">Q.</hi> Is Mr. Burton here?
<hi rend="italic">A.</hi> He came here with me.</p>
<p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> I believe he was not examined before the Magistrate?
<hi rend="italic">A.</hi> No; he was not examined on the last trial; he had nothing to do with it—all these transactions were prior to my marriage; he was not acquainted with any one of them—he knew nothing about it, till about a fortnight before we were married, when I first mentioned it to him.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-5" type="witnessName">
<interp inst="t18540102-name-5" type="gender" value="male"/>
<interp inst="t18540102-name-5" type="surname" value="STEVENSON"/>
<interp inst="t18540102-name-5" type="given" value="ANTHONY"/>ANTHONY STEVENSON</persName> </hi>. I am an attorney, carrying on business in Victoria-street. I know Morton—I was the solicitor opposing him under his bankruptcy—his bankruptcy, I think, was prior to May last, probably a month earlier—I know his handwriting (
<hi rend="italic">looking at a number of letters</hi>)—this letter of 5th Feb., 1853, is in his handwriting—this other is signed in initial only, but it is his handwriting, and these others also—this purports to be his balance sheet, when he passed through the Court—the signature to each page is his handwriting.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-6" type="witnessName">
<interp inst="t18540102-name-6" type="gender" value="male"/>
<interp inst="t18540102-name-6" type="surname" value="HART"/>
<interp inst="t18540102-name-6" type="given" value="FREDERICK"/>FREDERICK HART</persName> </hi>. I am clerk to the official assignee under Morton's bankruptcy—I have produced this balance sheet—I also produce a bill for 2,000
<hi rend="italic">l</hi>. drawn by Wright, and purporting to be accepted by L. Bulkeley; that was produced on the bankruptcy.</p>
<p>
<hi rend="smallCaps">MR. PARRY</hi>.
<hi rend="italic">Q.</hi> These are not the whole proceedings, are they?
<hi rend="italic">A.</hi> No; this is the balance sheet filed in the office—there were some affidavits also filed; they are not here—I was only requested to bring this—(
<hi rend="italic">read</hi>)—"Property given up, bill drawn by W. Wright, Esq., of Northum
<lb/>berland, on Captain Lemprier Bulkeley, of Yew Tree-house, Painswick, dated 1852, at four months, for 2,000
<hi rend="italic">l</hi>., in part of which I give the said Captain Bulkeley, 50
<hi rend="italic">l</hi>."</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> You simply produce that balance sheet?
<hi rend="italic">A.</hi> Yes; I do not know whether any affidavits were filed with reference to this matter—I know there are other proceedings which I do not produce—whether they have any reference to this matter I do not know.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-7" type="witnessName">
<interp inst="t18540102-name-7" type="gender" value="male"/>
<interp inst="t18540102-name-7" type="surname" value="BOUCHER"/>
<interp inst="t18540102-name-7" type="given" value="ANTHONY"/>ANTHONY BOUCHER</persName> </hi>. I am an attorney. I am the attesting witness to this bond—I prepared it by the instructions of Mr. Burton and Mr. Crutchley—Mr. Crutchley had been a client of mine—as far as my recol
<lb/>lection goes, they both came together when it was first mentioned to me—I had not known the lady before—I know nothing whatever of the circumstance.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Had you been concerned for Mr. Crutchley?
<hi rend="italic">A.</hi> Yes; I once had matters of business with his family—his sister was entitled to property under her father's will, and the prisoner also—all the children were—it consisted principally of houses—I believe it was not sold—it was not to be sold until they were twenty-four—portions of it had been mort
<lb/>gaged by his brothers—I cannot give you a very good idea of what the prisoner will be entitled to when he comes of age, because it is leasehold property, and it is difficult to say—I have often considered it would be worth 3,000
<hi rend="italic">l</hi>. or 4,000
<hi rend="italic">l</hi>.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Do you mean the whole property to be divided?
<hi rend="italic">A.</hi> No; each share.</p>
<p>
<hi rend="smallCaps">MR. PARRY</hi>.
<hi rend="italic">Q.</hi> This bond was left in your custody, was it not?
<hi rend="italic">A.</hi> Yes; subsequently another bond was executed—that was also left in my</p>
<xptr type="pageFacsimile" doc="185401020007"/>
<p>custody to get stamped—when I saw Mrs. Barton I did not volunteer to make inquiries for her or anything of that sort, because the transaction was complete when it was brought to my office—these two bonds were after
<lb/>wards given up to a gentleman named Allway, on the costs of the settle
<lb/>ment being paid—I have not got Mr. Burton's letter here of the date, but it was after March.</p>
<p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Do you know enough of Mr. Cutchley's affairs to tell me what he really was worth when he was twenty-one; was he worth one single farthing, or could he have realised a sixpence?
<hi rend="italic">A.</hi> Certainly; I knew of his being in the Queen's Bench Prison after he had been there some time—I do not know that he got there immediately he came of age—I do not know when he came there—I did not learn of his being there, until some long time after he was there—(
<hi rend="smallCaps">MR. PARRY</hi>
<hi rend="italic">stated that the pri
<lb/>soner was of age in March</hi>, 1853)—I cannot exactly say when I learnt that he was in prison, without referring to my books—I was not his private solicitor after he became of age—I do not know when I learnt that he was in prison, it may have been three or four months ago—I have been told that he has remained in prison up to the present time—the property I speak of was leasehold and freehold—he was not entitled to anything until he should be twenty-four, but he could borrow money upon a policy of assurance—the property is encumbered by his two brothers—it is not encumbered, so far as his share is concerned, to my knowledge, so as to prevent its being available for the purpose of borrowing money upon it—he may have encumbered it without my knowledge—I do not of my per
<lb/>sonal knowledge know that he has encumbered it—I have been told that he has raised some money—I have no reason to doubt the truth of that—I do not know how much—I have never inquired—I can only tell the value of the property by papers that were put before me years ago—I do not give any opinion as to the value of property, without knowing the extent to which it was encumbered—this property, supposing it is unencumbered, is certainly worth 2,000
<hi rend="italic">l</hi>. I should say, but to what extent it is encumbered I do not know.</p>
<p>
<hi rend="smallCaps">MR. PARRY</hi>.
<hi rend="italic">Q.</hi> Have you not heard that he has raised money upon this property for the purpose of making advances to Mr. Burton?
<hi rend="italic">A.</hi> I understood it was for the purpose of his going into partnership.</p>
<p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Did you see Mr. Wright sign that deed?
<hi rend="italic">A.</hi> Yes, I did—I did not see the same person examined at the police court—I was not in the room—I did not see him at the police court, or about the court.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-8" type="witnessName">
<interp inst="t18540102-name-8" type="gender" value="male"/>
<interp inst="t18540102-name-8" type="surname" value="BERT"/>
<interp inst="t18540102-name-8" type="given" value="JOHN"/>JOHN BERT</persName> </hi>. I witnessed the execution of this deed by Wright—it is a bond for 2,700
<hi rend="italic">l</hi>.—I saw Wright execute it—I did not hear the same person examined at the police court, I saw him there—I know his handwriting—I believe the signature to this deposition (
<hi rend="italic">looking at it</hi>) to be Wright's Hand
<lb/>writing—he is described in the bond as William Clarke Wright, of No. 14, Windsor-terrace, Great Yarmouth, in the county of Norfolk, and of Whit
<lb/>ley-park, in the county of Northumberland, gentleman—I have known Wright about twenty years—I should say that he was not a person of any property or possessions during the years 1852 and 1853—so far as I knew, he was not a person possessing a park or a large landed estate—I do not know anything of his circumstances—I know he has been bankrupt—I believe that was five or six years ago—I have only occasionally seen him since, very seldom—I was a creditor under the bankruptcy—I should say he is not a person of any means at all—he was certificated, and discharged—I knew he was in prison, and I knew that he was released.</p>
<xptr type="pageFacsimile" doc="185401020008"/>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Did you see Wright here on the morning of the last trial?
<hi rend="italic">A.</hi> No, I did not—in 1852 he was not a man of any substance at all—I understood that he was entitled to a very considerable property at Whitley-park, in Northumberland—I have no idea at all as to the amount of it—I understood that there was enough to pay the creditors twenty shillings in the pound, and leave a handsome surplus for himself after the bankruptcy—the bankruptcy was in 1848—he is described as of Whitley-park in this second bond—I do not know who prepared that—he brought it to me to witness it for him.</p>
<p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> What was the debt due to you?
<hi rend="italic">A.</hi> I proved under his estate between 40
<hi rend="italic">l</hi>. and 50
<hi rend="italic">l</hi>.—I received nothing—he has not at present, at all events, come into his estate.</p>
<p>
<hi rend="smallCaps">MR. BOUCHER</hi>
<hi rend="italic">re-examined.</hi> I prepared this second bond by the direction of Mrs. Burton and Mr. Crutchley, both together—it is for 100
<hi rend="italic">l</hi>. more.</p>
<p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">MR. BERT</hi>.
<hi rend="italic">Q.</hi> What did you mean by saying you knew that Wright was entitled to large property in Northumberland?
<hi rend="italic">A.</hi> I have known him about twenty years, and I knew him when he lived there—as I understood, he was entitled to a good deal of property over there—I do not know whether that was inquired into at the time of his bankruptcy—I had nothing to do with that—nothing was ever realised on it—what I mean is, that I understood that he made some such claim.</p>
<p>
<hi rend="smallCaps">MR. PARRY</hi>.
<hi rend="italic">Q.</hi> Where did you know him?
<hi rend="italic">A.</hi> I knew him when he lived at Whitley-park, some years ago.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> At Whitley-park, and in Northumberland?
<hi rend="italic">A.</hi> I knew he was living in Northumberland; I am not certain that it was at Whitley-park; I never saw him there—he told me that he lived there.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-9" type="witnessName">
<interp inst="t18540102-name-9" type="gender" value="male"/>
<interp inst="t18540102-name-9" type="surname" value="LEWIS"/>
<interp inst="t18540102-name-9" type="given" value="JAMES GRAHAM"/>JAMES GRAHAM LEWIS</persName> </hi>. I am solicitor for the prosecution. I received the letters which I have in my hand from William Clarke Wright; he is the person that was examined at the police court—he was bound over to appear here—I saw him the day before the last trial—I have not seen any
<lb/>thing of him since; I have used endeavours to do so—at the first examina
<lb/>tion only Morton was in custody—Mr. Hawke, the clerk of Mr. Lawrence, appeared as Morton's solicitor—he stated that he was the solicitor for Morton, and he cross-examined Mrs. Burton for Morton—on the next occasion, when Crutchley appeared, Mr. Parry appeared for Crutchley, instructed by the same gentleman, and the same gentleman appeared for Morton—at the trial of Morton, I saw Mr. Hawke sitting by the side of Mr. Parry, and afterwards Mr. Lawrence.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Was Morton defended by Mr. Ribton?
<hi rend="italic">A.</hi> Yes—you took no part in the trial on behalf of Morton, nothing more than remaining to hear it.</p>
<p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Who was Mr. Ribton instructed by?
<hi rend="italic">A.</hi> I do not know—the bill produced for 2,000
<hi rend="italic">l</hi>., signed "William C. Wright," is in the handwriting of Wright—I have seen him write several times.</p>
<p>
<hi rend="italic">The following letters were put in and read:</hi> "To W. C. Wright, Esq. 26th April, 1852. Dear Sir,—In consideration of your handing me Rawson's promissory note, at three months, for 1,000
<hi rend="italic">l</hi>., made payable to yourself, I undertake to pay you the sum of 40
<hi rend="italic">l</hi>., on or before the 28th inst., and also to provide payment of said note when due, and to hold you free from all liability thereon. Should it not be negotiated by me as aforesaid, the said promissory note is to be returned to you at once. I am, dear sir, yours truly,
<hi rend="smallCaps">W. MORTON."</hi>—" W. C. Wright, Esq., Post-office, Bury St. Edmund's. Oxford-street, 10th June, 1852. Dear Wright,—Mr. Crutchley requested</p>
<xptr type="pageFacsimile" doc="185401020009"/>
<p>me to ask you to send him another copy of the last, except the amount, which is to be 2,000
<hi rend="italic">l</hi>., instead of 2,600
<hi rend="italic">l</hi>. The envelope of the last will do, which he has by him. Send it to him by return of post I will enclose you a stamp in a few days. Yours faithfully, W. M."—"W. C. Wright, Esq., Post-office, Bury St. Edmund's. Signed, W. M. June 16, 1852. Dear Wright, I enclose you a stamp, which you will please to draw upon L. Bulkeley, Esq., R. N., for 2,000
<hi rend="italic">l</hi>., at four months, from 2nd June. His address is Yew-tree House, near Stroud, Gloucestershire. Return it to me, and I will hand it over to Mr. C, after I have got the signature. I think you may calculate upon hearing from me by Wednesday next."—"W. C. Wright, Esq., Bury St. Edmund's. Boar and Castle, 19th June, 1852. Dear W.,—I return the bill for your endorsement, which you will please to do, and let me have it on Monday morning; also let the bill be accompanied by a letter to me, requesting me to see my friend Bulkeley, and forwarding you the half of the proceeds, without loss of time, pledging yourself as a gentleman to meet your share when due. You know what I mean. Yours truly, W. M. Burn this note. P. S. He thinks I am your man of business."—"W. C. Wright, Esq., Post-office, Bury St. Edmund's. Tuesday, 25th June, 1852. My dear Sir,—I see we have made a mistake; therefore please write to Mr. C. another letter, the copy of the first, except R. N. to the captain's name; merely say Captain B.; for I find he is a captain in the army, and his agents are Messrs. Colliers, of No, 9, Park-place, St. James's, army agents. Also please, in your letter, name T. Sheed, Esq., of No. 41, Robert-street, Hampstead-road, a gentleman that has known Captain B. for many years, and can give every satisfaction respecting him. Do this, and send the letter up to C., and he will post it on Tuesday, and we shall have the money next week. I would send you some to go on with, but I am hard up, and very ill W. M."—"W. C. Wright, Esq., Post-office, Bury St. Edmund's;"
<hi rend="italic">over which was written</hi>, "Yarmouth, Tuesday, 2nd July, 1852. Dear W.,—I have only seen C. this morning, for the first time since he returned from the country. He requested me to write you by this post, and get you to write him a letter, which is to be dated about 12th June, merely stating that in your letter you had made a mistake; that Captain B. was a captain in the army, and that his agents are Messrs. Colliers, of Park-place. Also refer for Captain B. to—Sheed, Esq., of No. 41, Robert-street, Hampstead-road, for believing him to be a gentleman that will give any satisfaction respecting Captain B. I also wish to make it appear that you will faithfully meet the bill yourself, when due, and that the cash, to be of use, must he had at once. Do this by return of post, and rest assured all will come off to our satisfaction, and will soon be in funds. C. would send you some money, but at present is quite without, and I am also. I shall call at the Boar and Castle on Monday, when I shall expect to hear from you. W. M."—"W. C. Wright, Esq., Post-office, Great Yarmouth. Saturday, 3rd July, 1852. Dear W.,—I sent a letter to the post-office, Bury, yesterday, telling you what I requested you to do. I have only this moment received yours of the 30th June. C. at present is quite without cash. I am the same, but I may say, or certain, all will be right next week; in fact, I am confident; therefore you must get on for a day or two longer. I think you may calculate on seeing myself and C. at Great Yarmouth on Thursday next, for he intends taking a trip with the
<hi rend="italic">Pin.</hi> Am I in future to address my letters Great Yarmouth? Yours faithfully, W. M. P. S. Mr. C. has not been in town before yesterday, therefore could not answer your letters." "W. C. Wright, Esq., Post-office,</p>
<xptr type="pageFacsimile" doc="185401020010"/>
<p>Great Yarmouth. Boar and Castle, 5th July, 1852. Dear W.,—I received yours this morning, and I think you may for certain calculate upon having the money by Thursday. I shall pay you a visit, if C. is not able to come with me; for I wish to see you respecting other business, for which I think a 50
<hi rend="italic">l</hi>. each can be made in a week or two. Rest assured I will act right to you. Mind, our business is kept to ourselves; much good can be done. Faithfully yours, W. M."—"W. C. Wright, Esq., No. 14, Windsor
<lb/>terrace, Tower-road, Yarmouth. Dear Wright,—I received yours of Friday, and am glad to hear you are well; I did not go to Doncaster, having business which detained me in town; I have done no good since I left you, but hope to do so shortly; I gave the tickets and the money the other day, and no doubt all is right; I will call and see you on Tuesday; you had better write me by return of post a letter I may show, that the bill on Bulkeley shall be given up, as I do not like to have so heavy a security out, for I wish to get it up for one. I can get some money for it, and you are aware the business-like manner which is done by
<hi rend="italic">Fred</hi>, whom I expect home to-morrow. Call at the post-office, and ask for letters 'Y. Z.,' and forward to me by return of post; I expect there will be some money; you had better come to town for the winter. Signed, "W. M."—"To Mr. W. C. Wright, No. 14, Windsor-terrace, Tower-road, Yarmouth." Signed, "W. Morton." "No. 13, Lower Belgrave-place, Pimlico. Friday, Oct. 15th, 1852. My dear Wright,—Mrs. M. received your letter this morning; you must excuse me for not answering your letter. The fact is,
<hi rend="italic">Fred</hi> only returned from Paris yesterday, and this day gave me the bill for 2,000
<hi rend="italic">l</hi>. on Bulkeley, therefore I shall set to work at once, and try and get the cash. Have you any intention of coming to London for the winter? for perhaps if you were on the spot, some good might be done. There will be no money from the old quarter for some short time. I am very sorry to hear of Mrs. W.'s illness, and trust she will soon recover; please give my kind respects. I hope to hear from you, and please let me know if you intend to winter at Great Yarmouth. P. S. Mrs. M. intends writing to Mrs. Wright."—"W. C. Wright, Esq., 14, Windsor-terrace, Tower-road. 13, Lower Belgrave-place, 5th Nov., 1852. My dear Wright,—I saw
<hi rend="italic">Fred</hi> yesterday, and he requested me to write to you to get you to write a letter to Mr. Boucher, 5, Guildhall-chambers, stating that you are sorry you-cannot pay the bond, as agreed on 31st Oct., in consequence of your affairs not being settled; but that he shall hear from you again shortly. Do this by return of post, for
<hi rend="italic">Fred</hi> thinks there is a chance of
<hi rend="italic">drawing</hi> some more money soon, but just now wishes to make all right with Mrs. O. I think it is not unlikely that I shall be in Yarmouth next Wednesday for a few days, that is, if I draw some money, which I expect, when we can talk matters over, and see about laying in a stock for the winter. Give my kind regards to Mrs. W. and the little boy, not forgetting the Rose. In haste, faithfully yours, W. M."—"W. C. Wright, Esq., 14, Windsor-terrace, Tower-road, Great Yarmouth. 12th Nov., 1852, Whitecross-street. Dear Wright,—I am at the above address for that damned judgment for Prescott's. Write to Mr. Boucher at once, and tell him that your affairs not being settled you cannot settle with Mrs. Onslow for some short time. Write me by return of post. Faithfully yours, W. M"—"W. C. Wright, Esq., 14, Windsor-terrace, Great Yarmouth. Burdon's Hotel, Tuesday, Jan. 26th, 1853. My dear Wright,—I have not either seen or heard from Crutchley, therefore it is impossible for me to say if the money has been sent or not. I enclose a copy of your letter to him</p>
<xptr type="pageFacsimile" doc="185401020011"/>
<p>to advance the money. I wish to God I was out of this place, and I would put them all to rights. I have not had one shilling upon the bills, but the instant I do you shall have some: but I trust this will not prevent your serving me. Pray write by return of post, and if possible get up to town. Get me out, that's a good fellow; and believe me, faithfully yours, W. M."—"W. C. Wright, Esq., 14, Windsor-terrace, Yarmouth, Saturday, 4 o'clock, Jan 29th, 1853. Dear Wright,—I have not seen
<hi rend="italic">Fred</hi>, therefore I am at a loss to know what he is about. I suppose you wrote to him the letter I sent you to copy. I suppose he will send you the 5
<hi rend="italic">l</hi>. by this post I was much annoyed at not hearing from you to-day. Mind and write by to-morrow's post, but do not fail. Yours truly, W. M."—"To W. C. Wright, Esq., No, 14, Windsor-terrace, Tower-road, Great Yarmouth." Signed, "W. Morton." "Burdon's Hotel, Cripplegate, 31st Jan., 1853. My dear Wright,—
<hi rend="italic">Fred</hi> called here to-day, and to my surprise gave me a 5
<hi rend="italic">l</hi>.-note, of which I enclose you a post-office order for 4
<hi rend="italic">l</hi>., payable at Yarmouth, to W. C. Wright, made by Mrs. Elizabeth Morton, of No. 6, Bedford-place, Pimlico. You must be in town on Wednesday, to meet him at Burdon's Hotel, at half past 3 o'clock, but I wish to see you previous thereto; be in London, if possible, early on Wednesday mornings and we will make arrangements for me to get out at once, and in all probability I will return with you to Great Yarmouth. Be true to me and rest assured I will stick to you through life, and you shall find me a good friend; for I can have the command of plenty of money at once, and am happy to say without the party we are now serving. P. S. The reason of my sending you 4
<hi rend="italic">l</hi>. is, that I was without a shilling, and could not get any money, but will make it right when in town."—(
<hi rend="italic">Two other letters, doled</hi> 5
<hi rend="italic">th Feb.</hi>, 1853,
<hi rend="italic">were also read.</hi>)—"Burdon's Hotel, 9th Feb., 1853. (
<hi rend="italic">This letter had no envelope</hi>) My dear Wright,—Strain a nerve, and be in London on Saturday morning; I shall not get out before; and be with me, and I feel confident I can go on with you to
<hi rend="italic">Fred;</hi> and I will undertake you shall have the money in the course of the day. He was with me to-day, but I could not get any money from him; but he assured me if you would be in London on Saturday he would complete the transaction with you. If you cannot come up to London, get some person at Yarmouth to witness the bond, and send it to me; and I give you my word I will not part with it until I get the money from him, which I will, without taking one halfpenny, remit you by Saturday's post. Do not neglect, for we can get money from him after this transaction in a bill. Faithfully yours, W. M. P. S. Surely Hudson would lend you 1
<hi rend="italic">l</hi>. for a day or two. Nothing will prevent your having the 10
<hi rend="italic">l</hi>. on your arrival."</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-10" type="witnessName">
<interp inst="t18540102-name-10" type="gender" value="male"/>
<interp inst="t18540102-name-10" type="surname" value="WRIGHT"/>
<interp inst="t18540102-name-10" type="given" value="WILLIAM CLARKE"/>WILLIAM CLARKE WRIGHT</persName> </hi>
<hi rend="italic">was called, but did not appear.</hi> </p>
<p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">MRS. BURTON</hi>.
<hi rend="italic">Q.</hi> Was your name Onslow before you were married to Mr. Burton?
<hi rend="italic">A.</hi> Yes; my husband was a clergyman.</p>
<p>
<rs id="t18540102-160-verdict-1" type="verdictDescription">
<interp inst="t18540102-160-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540102-160-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>. Aged 21.—
<hi rend="italic">Recommended to mercy by the Jury on account of his youth.</hi> </rs>
<hi rend="italic">
<rs id="t18540102-160-punishment-1" type="punishmentDescription">
<interp inst="t18540102-160-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t18540102-160-punishment-1" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-160-18540102 t18540102-160-punishment-1"/>Confined Two Years</rs>.</hi> </p>
<p>(
<hi rend="italic">A similar sentence was passed upon Morton.</hi>)</p> </div1>
<xptr type="pageFacsimile" doc="185401020012"/>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, January</hi> 2
<hi rend="italic">nd</hi>, 1854.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>—Sir
<hi rend="smallCaps">ROBERT WALTER CARDEN</hi>, Knt., Ald.; Mr. Ald.
<hi rend="smallCaps">CUBITT</hi>; and Mr.
<hi rend="smallCaps">COMMON SERJEANT</hi>.</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant and the Fourth Jury.</hi> </p>
<div1 type="trialAccount" id="t18540102-161">
<interp inst="t18540102-161" type="uri" value="sessionsPapers/18540102"/>
<interp inst="t18540102-161" type="date" value="18540102"/>
<join result="criminalCharge" id="t18540102-161-charge-1" targOrder="Y" targets="def1-161-18540102 t18540102-161-offence-1 t18540102-161-verdict-1"/>
<p>161.
<persName id="def1-161-18540102" type="defendantName">
<interp inst="def1-161-18540102" type="gender" value="male"/>
<interp inst="def1-161-18540102" type="age" value="21"/>
<interp inst="def1-161-18540102" type="surname" value="COLLINS"/>
<interp inst="def1-161-18540102" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN COLLINS</hi> </persName>
<rs id="t18540102-161-offence-1" type="offenceDescription">
<interp inst="t18540102-161-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18540102-161-offence-1" type="offenceSubcategory" value="pocketpicking"/>, stealing 1 handkerchief, value 3
<hi rend="italic">s</hi>.; the goods of
<persName id="t18540102-name-12" type="victimName">
<interp inst="t18540102-name-12" type="gender" value="male"/>
<interp inst="t18540102-name-12" type="surname" value="PLOVER"/>
<interp inst="t18540102-name-12" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18540102-161-offence-1 t18540102-name-12"/>William Plover</persName>, from his person, having been before convicted: to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18540102-161-verdict-1" type="verdictDescription">
<interp inst="t18540102-161-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540102-161-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 21.—
<hi rend="italic">
<rs id="t18540102-161-punishment-2" type="punishmentDescription">
<interp inst="t18540102-161-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18540102-161-punishment-2" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-161-18540102 t18540102-161-punishment-2"/>Confined Eighteen Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18540102-162">
<interp inst="t18540102-162" type="uri" value="sessionsPapers/18540102"/>
<interp inst="t18540102-162" type="date" value="18540102"/>
<join result="criminalCharge" id="t18540102-162-charge-1" targOrder="Y" targets="def1-162-18540102 t18540102-162-offence-1 t18540102-162-verdict-1"/>
<p>162.
<persName id="def1-162-18540102" type="defendantName">
<interp inst="def1-162-18540102" type="gender" value="male"/>
<interp inst="def1-162-18540102" type="age" value="18"/>
<interp inst="def1-162-18540102" type="surname" value="GOLDING"/>
<interp inst="def1-162-18540102" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK GOLDING</hi> </persName>
<rs id="t18540102-162-offence-1" type="offenceDescription">
<interp inst="t18540102-162-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18540102-162-offence-1" type="offenceSubcategory" value="pocketpicking"/>, stealing 1 handkerchief, value 2
<hi rend="italic">s</hi>.; the goods of
<persName id="t18540102-name-14" type="victimName">
<interp inst="t18540102-name-14" type="gender" value="male"/>
<interp inst="t18540102-name-14" type="surname" value="TAYLOR"/>
<interp inst="t18540102-name-14" type="given" value="DAVID"/>
<join result="offenceVictim" targOrder="Y" targets="t18540102-162-offence-1 t18540102-name-14"/>David Taylor</persName>, from his person: to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18540102-162-verdict-1" type="verdictDescription">
<interp inst="t18540102-162-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540102-162-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 18.—
<hi rend="italic">
<rs id="t18540102-162-punishment-3" type="punishmentDescription">
<interp inst="t18540102-162-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18540102-162-punishment-3" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-162-18540102 t18540102-162-punishment-3"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18540102-163">
<interp inst="t18540102-163" type="uri" value="sessionsPapers/18540102"/>
<interp inst="t18540102-163" type="date" value="18540102"/>
<join result="criminalCharge" id="t18540102-163-charge-1" targOrder="Y" targets="def1-163-18540102 t18540102-163-offence-1 t18540102-163-verdict-1"/>
<p>163.
<persName id="def1-163-18540102" type="defendantName">
<interp inst="def1-163-18540102" type="gender" value="male"/>
<interp inst="def1-163-18540102" type="age" value="21"/>
<interp inst="def1-163-18540102" type="surname" value="KING"/>
<interp inst="def1-163-18540102" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS KING</hi> </persName>
<rs id="t18540102-163-offence-1" type="offenceDescription">
<interp inst="t18540102-163-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18540102-163-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing 1 pair of trowsers, value 15
<hi rend="italic">s</hi>.; the goods of
<persName id="t18540102-name-16" type="victimName">
<interp inst="t18540102-name-16" type="gender" value="male"/>
<interp inst="t18540102-name-16" type="surname" value="MILLS"/>
<interp inst="t18540102-name-16" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18540102-163-offence-1 t18540102-name-16"/>Thomas Mills</persName>: to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18540102-163-verdict-1" type="verdictDescription">
<interp inst="t18540102-163-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540102-163-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 21.—
<hi rend="italic">
<rs id="t18540102-163-punishment-4" type="punishmentDescription">
<interp inst="t18540102-163-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18540102-163-punishment-4" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-163-18540102 t18540102-163-punishment-4"/>Confined Three Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18540102-164">
<interp inst="t18540102-164" type="uri" value="sessionsPapers/18540102"/>
<interp inst="t18540102-164" type="date" value="18540102"/>
<join result="criminalCharge" id="t18540102-164-charge-1" targOrder="Y" targets="def1-164-18540102 t18540102-164-offence-1 t18540102-164-verdict-1"/>
<join result="criminalCharge" id="t18540102-164-charge-2" targOrder="Y" targets="def2-164-18540102 t18540102-164-offence-1 t18540102-164-verdict-2"/>
<join result="criminalCharge" id="t18540102-164-charge-3" targOrder="Y" targets="def1-164-18540102 t18540102-164-offence-2 t18540102-164-verdict-1"/>
<join result="criminalCharge" id="t18540102-164-charge-4" targOrder="Y" targets="def2-164-18540102 t18540102-164-offence-2 t18540102-164-verdict-2"/>
<p>164.
<persName id="def1-164-18540102" type="defendantName">
<interp inst="def1-164-18540102" type="gender" value="male"/>
<interp inst="def1-164-18540102" type="age" value="32"/>
<interp inst="def1-164-18540102" type="surname" value="WHITE"/>
<interp inst="def1-164-18540102" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS WHITE</hi> </persName> and
<persName id="def2-164-18540102" type="defendantName">
<interp inst="def2-164-18540102" type="gender" value="male"/>
<interp inst="def2-164-18540102" type="age" value="19"/>
<interp inst="def2-164-18540102" type="surname" value="BOWLESS"/>
<interp inst="def2-164-18540102" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM BOWLESS</hi> </persName>
<rs id="t18540102-164-offence-1" type="offenceDescription">
<interp inst="t18540102-164-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18540102-164-offence-1" type="offenceSubcategory" value="pocketpicking"/>, stealing 1 hand
<lb/>kerchief, value 2
<hi rend="italic">s</hi>.; the goods of a man unknown, from his person;</rs>
<rs id="t18540102-164-offence-2" type="offenceDescription">
<interp inst="t18540102-164-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18540102-164-offence-2" type="offenceSubcategory" value="pocketpicking"/>
<hi rend="italic">also</hi>, stealing 1 handkerchief, value 2
<hi rend="italic">s</hi>.; the goods of
<persName id="t18540102-name-19" type="victimName">
<interp inst="t18540102-name-19" type="gender" value="male"/>
<interp inst="t18540102-name-19" type="surname" value="JAMES"/>
<interp inst="t18540102-name-19" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18540102-164-offence-2 t18540102-name-19"/>John James</persName>, from his person: to which</rs> </p>
<p>
<hi rend="largeCaps">WHITE</hi>
<hi rend="smallCaps">
<rs id="t18540102-164-verdict-1" type="verdictDescription">
<interp inst="t18540102-164-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540102-164-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 32.—
<hi rend="italic">
<rs id="t18540102-164-punishment-5" type="punishmentDescription">
<interp inst="t18540102-164-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18540102-164-punishment-5" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-164-18540102 t18540102-164-punishment-5"/>Confined Twelve Months</rs>.</hi> </p>
<p>
<hi rend="largeCaps">BOWLESS</hi>
<hi rend="smallCaps">
<rs id="t18540102-164-verdict-2" type="verdictDescription">
<interp inst="t18540102-164-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18540102-164-verdict-2" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 19.—
<hi rend="italic">
<rs id="t18540102-164-punishment-6" type="punishmentDescription">
<interp inst="t18540102-164-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18540102-164-punishment-6" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-164-18540102 t18540102-164-punishment-6"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18540102-165">
<interp inst="t18540102-165" type="uri" value="sessionsPapers/18540102"/>
<interp inst="t18540102-165" type="date" value="18540102"/>
<join result="criminalCharge" id="t18540102-165-charge-1" targOrder="Y" targets="def1-165-18540102 t18540102-165-offence-1 t18540102-165-verdict-1"/>
<p>165.
<persName id="def1-165-18540102" type="defendantName">
<interp inst="def1-165-18540102" type="gender" value="female"/>
<interp inst="def1-165-18540102" type="age" value="23"/>
<interp inst="def1-165-18540102" type="surname" value="ESSAM"/>
<interp inst="def1-165-18540102" type="given" value="ELIZABETH"/>
<hi rend="largeCaps">ELIZABETH ESSAM</hi> </persName>
<rs id="t18540102-165-offence-1" type="offenceDescription">
<interp inst="t18540102-165-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18540102-165-offence-1" type="offenceSubcategory" value="forgery"/>, uttering a forged receipt for 2
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>., with intent to defraud: to which she</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18540102-165-verdict-1" type="verdictDescription">
<interp inst="t18540102-165-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540102-165-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 23.—
<hi rend="italic">
<rs id="t18540102-165-punishment-7" type="punishmentDescription">
<interp inst="t18540102-165-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18540102-165-punishment-7" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-165-18540102 t18540102-165-punishment-7"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18540102-166">
<interp inst="t18540102-166" type="uri" value="sessionsPapers/18540102"/>
<interp inst="t18540102-166" type="date" value="18540102"/>
<join result="criminalCharge" id="t18540102-166-charge-1" targOrder="Y" targets="def1-166-18540102 t18540102-166-offence-1 t18540102-166-verdict-1"/>
<p>166.
<persName id="def1-166-18540102" type="defendantName">
<interp inst="def1-166-18540102" type="gender" value="male"/>
<interp inst="def1-166-18540102" type="age" value="22"/>
<interp inst="def1-166-18540102" type="surname" value="FINN"/>
<interp inst="def1-166-18540102" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES FINN</hi> </persName>
<rs id="t18540102-166-offence-1" type="offenceDescription">
<interp inst="t18540102-166-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18540102-166-offence-1" type="offenceSubcategory" value="pocketpicking"/>, stealing 4
<hi rend="italic">s</hi>. 6 1/2
<hi rend="italic">d</hi>.; the moneys of
<persName id="t18540102-name-22" type="victimName">
<interp inst="t18540102-name-22" type="gender" value="male"/>
<interp inst="t18540102-name-22" type="surname" value="WRAY"/>
<interp inst="t18540102-name-22" type="given" value="RICHARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18540102-166-offence-1 t18540102-name-22"/>Richard Wray</persName>, from the person of
<persName id="t18540102-name-23" type="victimName">
<interp inst="t18540102-name-23" type="gender" value="female"/>
<interp inst="t18540102-name-23" type="surname" value="WRAY"/>
<interp inst="t18540102-name-23" type="given" value="ELIZABETH"/>
<join result="offenceVictim" targOrder="Y" targets="t18540102-166-offence-1 t18540102-name-23"/>Elizabeth Wray</persName>: to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18540102-166-verdict-1" type="verdictDescription">
<interp inst="t18540102-166-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540102-166-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 22.—
<hi rend="italic">
<rs id="t18540102-166-punishment-8" type="punishmentDescription">
<interp inst="t18540102-166-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18540102-166-punishment-8" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-166-18540102 t18540102-166-punishment-8"/>Confined Four Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18540102-167">
<interp inst="t18540102-167" type="uri" value="sessionsPapers/18540102"/>
<interp inst="t18540102-167" type="date" value="18540102"/>
<join result="criminalCharge" id="t18540102-167-charge-1" targOrder="Y" targets="def1-167-18540102 t18540102-167-offence-1 t18540102-167-verdict-1"/>
<p>167.
<persName id="def1-167-18540102" type="defendantName">
<interp inst="def1-167-18540102" type="gender" value="male"/>
<interp inst="def1-167-18540102" type="age" value="53"/>
<interp inst="def1-167-18540102" type="surname" value="ARCHER"/>
<interp inst="def1-167-18540102" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY ARCHER</hi> </persName>
<rs id="t18540102-167-offence-1" type="offenceDescription">
<interp inst="t18540102-167-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18540102-167-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing 1 shawl, value 10
<hi rend="italic">s</hi>., and 1 umbrella, value 10
<hi rend="italic">s</hi>.; the goods of
<persName id="t18540102-name-25" type="victimName">
<interp inst="t18540102-name-25" type="gender" value="female"/>
<interp inst="t18540102-name-25" type="surname" value="GURNEY"/>
<interp inst="t18540102-name-25" type="given" value="SARAH"/>
<join result="offenceVictim" targOrder="Y" targets="t18540102-167-offence-1 t18540102-name-25"/>Sarah Gurney</persName>.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-26" type="witnessName">
<interp inst="t18540102-name-26" type="gender" value="male"/>
<interp inst="t18540102-name-26" type="surname" value="COLE"/>
<interp inst="t18540102-name-26" type="given" value="HENRY"/>HENRY COLE</persName> </hi>. I am in the service of Mr. Gurney, of West Ham. On the 27th Dec, about 12 o'clock at noon, I was on the box of his carriage in Bishopsgate-street—there was no one in the carriage—it was standing still—I felt a jerk at the carriage—I turned round, and saw this man with half his body inside the door of the carriage—he had the shawl on his arm, and was in the act of taking a reticule bag and umbrella from the carriage—when I turned round he looked me in the face, snatched the articles from the carriage, and ran away with them down Camomile-street—I jumped down from the carriage, and followed him—he dropped the things in Camomile-street, as I was running after him—I followed him up St. Mary Axe, and came up with him just as the policeman stopped him—I had only lost sight of him as he turned the corner—I am sure the man who was stopped was the same man who ran off with the things—I saw him drop them, and a person took them up and gave them to me—they belonged to Miss Sarah Gurney, she had come up in the carriage that day—I had set her down at Houndsditch.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Had you ever seen the prisoner before that day?
<hi rend="italic">A.</hi> No; I told the Magistrate that the prisoner turned and looked me in the face, and it was taken down and read over to me and</p>
<xptr type="pageFacsimile" doc="185401020013"/>
<p>I signed it—I have a perfect recollection of it—this is my writing to this deposition—(
<hi rend="italic">the deposition being read did not contain the statement that the prisoner looked at him</hi>).</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-27" type="witnessName">
<interp inst="t18540102-name-27" type="gender" value="male"/>
<interp inst="t18540102-name-27" type="surname" value="LEE"/>
<interp inst="t18540102-name-27" type="given" value="ROBERT HILTON"/>ROBERT HILTON LEE</persName> </hi> (
<hi rend="italic">City policeman</hi>, 642). About 10 minutes past 12 o'clock on the 27th Dec, I was on duty in St. Mary Axe—I saw the prisoner running—I heard a cry and stopped him—he said, "I did not do it; I know nothing about it"—I had not said a word to him about it—I was too much out of breath—these articles were in possession of the last witness.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> There were a good many otter persons running?
<hi rend="italic">A.</hi> Yes, in Camomile-street; 200 or 300 I should think—the prisoner was stopped in St. Mary Axe—I have made some inquiries respecting him—he gave a correct name and address, and some money he had on him he told me he had taken out of the savings bank, I found that to be correct—another person held out his arm and stopped the prisoner, and I came up directly.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-28" type="witnessName">
<interp inst="t18540102-name-28" type="gender" value="male"/>
<interp inst="t18540102-name-28" type="surname" value="COLE"/>
<interp inst="t18540102-name-28" type="given" value="HENRY"/>HENRY COLE</persName> </hi>
<hi rend="italic">re-examined.</hi> These are the things that I put in the car
<lb/>riage, and I saw the man take them.</p>
<p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> Where did you see him drop the things?
<hi rend="italic">A.</hi> In Camomile-street—I lost sight of him after he dropped the articles.</p>
<p>
<hi rend="smallCaps">JURY</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">ROBERT HILTON LEE</hi>.
<hi rend="italic">Q.</hi> When you saw the prisoner running, was he in front of the crowd?
<hi rend="italic">A.</hi> Yes; some distance, from twenty to thirty yards in front, and was running as fast as he could—the crowd had not turned the corner—the crowd was pursuing this man, and there was a cry of "Stop thief!"</p>
<p>(
<hi rend="italic">The prisoner received a good character.</hi>)</p>
<p>
<hi rend="smallCaps">
<rs id="t18540102-167-verdict-1" type="verdictDescription">
<interp inst="t18540102-167-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540102-167-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 53.—
<hi rend="italic">
<rs id="t18540102-167-punishment-9" type="punishmentDescription">
<interp inst="t18540102-167-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18540102-167-punishment-9" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-167-18540102 t18540102-167-punishment-9"/>Confined Three Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18540102-168">
<interp inst="t18540102-168" type="uri" value="sessionsPapers/18540102"/>
<interp inst="t18540102-168" type="date" value="18540102"/>
<join result="criminalCharge" id="t18540102-168-charge-1" targOrder="Y" targets="def1-168-18540102 t18540102-168-offence-1 t18540102-168-verdict-1"/>
<p>168.
<persName id="def1-168-18540102" type="defendantName">
<interp inst="def1-168-18540102" type="gender" value="male"/>
<interp inst="def1-168-18540102" type="age" value="21"/>
<interp inst="def1-168-18540102" type="surname" value="ZINCRAFT"/>
<interp inst="def1-168-18540102" type="given" value="CHARLES THOMAS"/>
<hi rend="largeCaps">CHARLES THOMAS ZINCRAFT</hi> </persName>
<rs id="t18540102-168-offence-1" type="offenceDescription">
<interp inst="t18540102-168-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18540102-168-offence-1" type="offenceSubcategory" value="forgery"/>, feloniously uttering a forged receipt for 1
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>., with intent to defraud: to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18540102-168-verdict-1" type="verdictDescription">
<interp inst="t18540102-168-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540102-168-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 21.—
<hi rend="italic">
<rs id="t18540102-168-punishment-10" type="punishmentDescription">
<interp inst="t18540102-168-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18540102-168-punishment-10" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-168-18540102 t18540102-168-punishment-10"/>Confined Twelve Months</rs>.</hi> </p>
<p>(
<hi rend="italic">The prisoner received a good character.</hi>)</p> </div1>
<div1 type="trialAccount" id="t18540102-169">
<interp inst="t18540102-169" type="uri" value="sessionsPapers/18540102"/>
<interp inst="t18540102-169" type="date" value="18540102"/>
<join result="criminalCharge" id="t18540102-169-charge-1" targOrder="Y" targets="def1-169-18540102 t18540102-169-offence-1 t18540102-169-verdict-1"/>
<join result="criminalCharge" id="t18540102-169-charge-2" targOrder="Y" targets="def2-169-18540102 t18540102-169-offence-1 t18540102-169-verdict-3"/>
<join result="criminalCharge" id="t18540102-169-charge-3" targOrder="Y" targets="def3-169-18540102 t18540102-169-offence-1 t18540102-169-verdict-2"/>
<p>169.
<hi rend="largeCaps">
<persName id="def1-169-18540102" type="defendantName">
<interp inst="def1-169-18540102" type="gender" value="male"/>
<interp inst="def1-169-18540102" type="age" value="31"/>
<interp inst="def1-169-18540102" type="surname" value="BELL"/>
<interp inst="def1-169-18540102" type="given" value="GEORGE"/>GEORGE BELL</persName>,
<persName id="def2-169-18540102" type="defendantName">
<interp inst="def2-169-18540102" type="gender" value="male"/>
<interp inst="def2-169-18540102" type="surname" value="ROWAN"/>
<interp inst="def2-169-18540102" type="given" value="THOMAS"/> THOMAS ROWAN</persName> </hi>, and
<persName id="def3-169-18540102" type="defendantName">
<interp inst="def3-169-18540102" type="gender" value="male"/>
<interp inst="def3-169-18540102" type="age" value="27"/>
<interp inst="def3-169-18540102" type="surname" value="BALDWIN"/>
<interp inst="def3-169-18540102" type="given" value="SAMUEL"/>
<hi rend="largeCaps">SAMUEL BALD
<lb/>WIN</hi> </persName>
<rs id="t18540102-169-offence-1" type="offenceDescription">
<interp inst="t18540102-169-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18540102-169-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, stealing 27 sheets of printed paper, value 8
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>., and 27 newspapers, 8
<hi rend="italic">s</hi>.; the goods of
<persName id="t18540102-name-33" type="victimName">
<interp inst="t18540102-name-33" type="gender" value="male"/>
<interp inst="t18540102-name-33" type="surname" value="KING"/>
<interp inst="t18540102-name-33" type="given" value="WILLIAM BOUGHTON"/>
<join result="offenceVictim" targOrder="Y" targets="t18540102-169-offence-1 t18540102-name-33"/>William Boughton King</persName>, their master.</rs> </p>
<p>
<hi rend="smallCaps">MR. PEARCE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-34" type="witnessName">
<interp inst="t18540102-name-34" type="gender" value="male"/>
<interp inst="t18540102-name-34" type="surname" value="KING"/>
<interp inst="t18540102-name-34" type="given" value="WILLIAM BOUGHTON"/>WILLIAM BOUGHTON KING</persName> </hi>. I am the publisher of the
<hi rend="italic">Wesleyan Times</hi> newspaper. The day of its publication is Monday—on Monday, 26th Dec., the three prisoners were in my employ, as packers and folders—the paper is printed in the Strand, and brought to my office about 12 or 1 o'clock—on Monday, 26th Dec., some papers were brought to my office, and taken into the folding room, and some coven were taken for the papers of the London district—the covers are previously directed by a clerk in my em
<lb/>ploy, and these are what the papers are to be folded and wrapped in—no papers ought to come out of that folding room except those directed for the customers in that way—I observed Bell come out that day with a bag of papers in a post-office bag, and in consequence of information I requested him to put that bag in the front office or shop, and immediately after leav
<lb/>ing it there the three prisoners went out; while they were gone I had the bag opened in my presence, and found in it this quire of papers (
<hi rend="italic">looking at them</hi>); none of these papers ought to have been in that bag in this state—on the prisoners' return they went into the folding room again—Baldwin</p>
<xptr type="pageFacsimile" doc="185401020014"/>
<p>and Bell came out of the folding room (Rowan was in the back premises), Baldwin and Bell brought out more papers, which they put into the bag which Bell had left previously in the office—this quire of papers was then on the top of the bag, and they must undoubtedly have been seen by Baldwin and Bell—I then directed Bell to take the bag to the post-office—he did not take it, but Baldwin did, and Bell went back into the folding room to Rowan.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-35" type="witnessName">
<interp inst="t18540102-name-35" type="gender" value="male"/>
<interp inst="t18540102-name-35" type="surname" value="KING"/>
<interp inst="t18540102-name-35" type="given" value="JAMES"/>JAMES KING</persName> </hi>. I am in the employ of the last witness, he is the publisher of the
<hi rend="italic">Wesleyan Times.</hi> On the 26th Dec., Bell asked me for the covers for the district, the twopenny district, as we call it—I gave him the covers for all within the twelve miles circuit—I afterwards saw some papers in quires taken in the room—about 12 o'clock that day, in consequence of some communication, I opened the leather bag from the post-office—there ought not to be in that bag any papers except in the folded state—I found this quire of papers, in a quire—my brother directed Bell to take this bag—that was after the prisoners had all been in the folding room, and had had some conversation—Bell did not take the bag, but Baldwin took it on his shoulder, and I received directions to follow him—on proceeding up White Friars-street, he ought to turn to the right to go to the receiving house for the post-office—he did turn to the right, and immediately he got past the window he turned and went back to the Boar's Head public house, which is two doors from White Friars-street, on the left—I followed, and said to him, "Take this to the post-office first," he did, and I followed him—he put down the bag in the receiving house, and I said, "I think I will have this bag brought back, you may want it this evening"—I asked the person in the receiving house whether I might have it back; he said, "No"—I said, "Then I must have it opened"—Baldwin made to the door, and I said, "If you don't stay and see the bag opened, I will send for a policeman"—he made away, and I did not see him again till he was in custody.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-36" type="witnessName">
<interp inst="t18540102-name-36" type="gender" value="male"/>
<interp inst="t18540102-name-36" type="surname" value="FAWCETT"/>
<interp inst="t18540102-name-36" type="given" value="THOMAS"/>THOMAS FAWCETT</persName> </hi> (
<hi rend="italic">City policeman</hi>, 347). I took Bell in custody on the 26th Dec., at the
<hi rend="italic">Wesleyan Times</hi> office—I took Rowan the next night, and I took Baldwin two days afterwards.</p>
<p>
<hi rend="italic">Baldwin's Defence.</hi> Bell said to me, "Take that bag to the post-office;" I went to get a half pint of beer, as I had had no breakfast; Mr. King said, "Take the bag there," and I did; when it was opened I saw these papers; I did not know they were there, nor who put them in; I was not there when they were put in; I was asked to take the bag, which I did.</p>
<p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">WILLIAM BOUGHTON KING</hi>.
<hi rend="italic">Q.</hi> Are there any other persons employed in that folding room?
<hi rend="italic">A.</hi> No; and no one could have access to that room unless they pass me to go there.</p>
<p>(
<hi rend="italic">Richard Hay, a publisher, in Catherine-street, gave Rowan a good cha
<lb/>racter.</hi>)</p>
<p>
<hi rend="largeCaps">BELL</hi>
<rs id="t18540102-169-verdict-1" type="verdictDescription">
<interp inst="t18540102-169-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540102-169-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of stealing.</hi>[</rs>
<rs id="t18540102-169-punishment-11" type="punishmentDescription">
<interp inst="t18540102-169-punishment-11" type="punishmentCategory" value="noPunish"/>
<interp inst="t18540102-169-punishment-11" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-169-18540102 t18540102-169-punishment-11"/>Judgement Respited. See original trial image.]</rs> Aged 31.</p>
<p>
<hi rend="largeCaps">BALDWIN</hi>
<rs id="t18540102-169-verdict-2" type="verdictDescription">
<interp inst="t18540102-169-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18540102-169-verdict-2" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of receiving.</hi> Aged 27. </rs>
<rs id="t18540102-169-punishment-12" type="punishmentDescription">
<interp inst="t18540102-169-punishment-12" type="punishmentCategory" value="noPunish"/>
<interp inst="t18540102-169-punishment-12" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-169-18540102 t18540102-169-punishment-12"/>
<hi rend="italic">Judgement Respited</hi> </rs> </p>
<p>
<hi rend="largeCaps">ROWAN</hi>
<hi rend="smallCaps">
<rs id="t18540102-169-verdict-3" type="verdictDescription">
<interp inst="t18540102-169-verdict-3" type="verdictCategory" value="notGuilty"/>
<interp inst="t18540102-169-verdict-3" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18540102-170">
<interp inst="t18540102-170" type="uri" value="sessionsPapers/18540102"/>
<interp inst="t18540102-170" type="date" value="18540102"/>
<join result="criminalCharge" id="t18540102-170-charge-1" targOrder="Y" targets="def1-170-18540102 t18540102-170-offence-1 t18540102-170-verdict-1"/>
<join result="criminalCharge" id="t18540102-170-charge-2" targOrder="Y" targets="def2-170-18540102 t18540102-170-offence-1 t18540102-170-verdict-2"/>
<p>170.
<persName id="def1-170-18540102" type="defendantName">
<interp inst="def1-170-18540102" type="gender" value="male"/>
<interp inst="def1-170-18540102" type="age" value="20"/>
<interp inst="def1-170-18540102" type="surname" value="RAINEY"/>
<interp inst="def1-170-18540102" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN RAINEY</hi> </persName> and
<persName id="def2-170-18540102" type="defendantName">
<interp inst="def2-170-18540102" type="gender" value="male"/>
<interp inst="def2-170-18540102" type="age" value="18"/>
<interp inst="def2-170-18540102" type="surname" value="DEAN"/>
<interp inst="def2-170-18540102" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE DEAN</hi> </persName>
<rs id="t18540102-170-offence-1" type="offenceDescription">
<interp inst="t18540102-170-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18540102-170-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing 26 yards of printed cotton, value 6
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>.; the goods of
<persName id="t18540102-name-39" type="victimName">
<interp inst="t18540102-name-39" type="gender" value="male"/>
<interp inst="t18540102-name-39" type="surname" value="FINCHETT"/>
<interp inst="t18540102-name-39" type="given" value="JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t18540102-170-offence-1 t18540102-name-39"/>Joseph Finchett</persName>.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-40" type="witnessName">
<interp inst="t18540102-name-40" type="gender" value="male"/>
<interp inst="t18540102-name-40" type="surname" value="BRADSHAW"/>
<interp inst="t18540102-name-40" type="given" value="THOMAS"/>THOMAS BRADSHAW</persName> </hi> (
<hi rend="italic">police sergeant, T</hi> 20). On Tuesday evening, the 13th Dec, I was near the Old Uxbridge-road, about a quarter before 7 o'clock; I saw the two prisoners and another with them, coming in a direction from Hammersmith; Dean was carrying a bag, and Rainey had something under his arm—I followed them to the corner of Princes-road—I</p>
<xptr type="pageFacsimile" doc="185401020015"/>
<p>there saw another policeman, and We followed the prisoners to the Castle public house; I stopped Dean, and asked him what he had got in his bag—he said, "That young man asked me to carry it," pointing to the other one who ran away—Dean attempted to get away, but I kept him—the other officer took Rainey—we took them to the station—I searched the bag which Dean was carrying, and found in it a bullock's tongue; and on Rainey I found a slop frock—I saw 26 yards of print taken from him at the time the other officer took him.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-41" type="witnessName">
<interp inst="t18540102-name-41" type="gender" value="indeterminate"/>
<interp inst="t18540102-name-41" type="surname" value="TARLING"/>
<interp inst="t18540102-name-41" type="given" value="JAKES"/>JAKES TARLING</persName> </hi> (
<hi rend="italic">policeman, T</hi> 264). I took Rainey; I took this 26 yards of printed cotton from under his arm.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-42" type="witnessName">
<interp inst="t18540102-name-42" type="gender" value="male"/>
<interp inst="t18540102-name-42" type="surname" value="BECKETT"/>
<interp inst="t18540102-name-42" type="given" value="GEORGE"/>GEORGE BECKETT</persName> </hi>. I am in the service of Mr. George Finchett, of the Broadway, Hammersmith; he is a draper. I know this print by the pat
<lb/>tern, and by a ticket in my writing, which was on it—here is a piece of the ticket on it now—it had been put out about 8 o'clock that morning, and it was missed about 8 o'clock in the evening—it is the property of Mr. Joseph Finchett.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-43" type="witnessName">
<interp inst="t18540102-name-43" type="gender" value="male"/>
<interp inst="t18540102-name-43" type="surname" value="GREEN"/>
<interp inst="t18540102-name-43" type="given" value="THOMAS"/>THOMAS GREEN</persName> </hi> (
<hi rend="italic">policeman, V</hi> 116). About half past 4 o'clock in the evening of the 13th Dec. I saw the two prisoners and another lad with them in High-street, Mortlake, in the road towards Banes, about three quarters of a mile from Mr. Finchett's.</p>
<p>
<hi rend="italic">Rainey's Defence.</hi> I picked it up.</p>
<p>(
<hi rend="italic">Rainess mother gave him a good character.</hi>)</p>
<p>
<hi rend="largeCaps">RAINEY</hi>
<hi rend="smallCaps">
<rs id="t18540102-170-verdict-1" type="verdictDescription">
<interp inst="t18540102-170-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540102-170-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 20.</p>
<p>
<hi rend="largeCaps">DEAN</hi>
<hi rend="smallCaps">
<rs id="t18540102-170-verdict-2" type="verdictDescription">
<interp inst="t18540102-170-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18540102-170-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 18.</p>
<p>
<hi rend="italic">
<rs id="t18540102-170-punishment-13" type="punishmentDescription">
<interp inst="t18540102-170-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18540102-170-punishment-13" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-170-18540102 t18540102-170-punishment-13"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-170-18540102 t18540102-170-punishment-13"/>Confined Six Months</rs>.</hi> </p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, January</hi> 3
<hi rend="italic">rd</hi>, 1854.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>—Mr.
<hi rend="smallCaps">RECORDER</hi>; Mr. Ald.
<hi rend="smallCaps">SALOMONS</hi>; Mr. Ald.
<hi rend="smallCaps">FINNIS</hi>; Mr. Ald.
<hi rend="smallCaps">CUBITT</hi>; and
<hi rend="smallCaps">RUSSELL GURNEY</hi>, Esq.</p>
<p>
<hi rend="italic">Before Mr. Recorder and the Second Jury.</hi> </p>
<div1 type="trialAccount" id="t18540102-171">
<interp inst="t18540102-171" type="uri" value="sessionsPapers/18540102"/>
<interp inst="t18540102-171" type="date" value="18540102"/>
<join result="criminalCharge" id="t18540102-171-charge-1" targOrder="Y" targets="def1-171-18540102 t18540102-171-offence-1 t18540102-171-verdict-1"/>
<p>171.
<persName id="def1-171-18540102" type="defendantName">
<interp inst="def1-171-18540102" type="gender" value="female"/>
<interp inst="def1-171-18540102" type="age" value="16"/>
<interp inst="def1-171-18540102" type="surname" value="MARNEY"/>
<interp inst="def1-171-18540102" type="given" value="ALICE"/>
<hi rend="largeCaps">ALICE MARNEY</hi> </persName>
<rs id="t18540102-171-offence-1" type="offenceDescription">
<interp inst="t18540102-171-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18540102-171-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, stealing 1 coat and other goods, and 1 half crown; the property of
<persName id="t18540102-name-45" type="victimName">
<interp inst="t18540102-name-45" type="gender" value="male"/>
<interp inst="t18540102-name-45" type="surname" value="GOLDING"/>
<interp inst="t18540102-name-45" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18540102-171-offence-1 t18540102-name-45"/>Thomas Golding</persName>, her master: to which she</rs> </p>
<p>
<rs id="t18540102-171-verdict-1" type="verdictDescription">
<interp inst="t18540102-171-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540102-171-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>
<hi rend="smallCaps">PLEADED GUILTY</hi>. Aged 16.—</rs>
<rs id="t18540102-171-punishment-14" type="punishmentDescription">
<interp inst="t18540102-171-punishment-14" type="punishmentCategory" value="noPunish"/>
<interp inst="t18540102-171-punishment-14" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-171-18540102 t18540102-171-punishment-14"/>
<hi rend="italic">Judgment Respited.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18540102-172">
<interp inst="t18540102-172" type="uri" value="sessionsPapers/18540102"/>
<interp inst="t18540102-172" type="date" value="18540102"/>
<join result="criminalCharge" id="t18540102-172-charge-1" targOrder="Y" targets="def1-172-18540102 t18540102-172-offence-1 t18540102-172-verdict-1"/>
<p>172.
<persName id="def1-172-18540102" type="defendantName">
<interp inst="def1-172-18540102" type="gender" value="female"/>
<interp inst="def1-172-18540102" type="surname" value="CURRAN"/>
<interp inst="def1-172-18540102" type="given" value="MARY ANN"/>
<hi rend="largeCaps">MARY ANN CURRAN</hi> </persName>
<rs id="t18540102-172-offence-1" type="offenceDescription">
<interp inst="t18540102-172-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18540102-172-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing 1 coat, value 1
<hi rend="italic">s</hi>.; the goods of
<persName id="t18540102-name-47" type="victimName">
<interp inst="t18540102-name-47" type="gender" value="male"/>
<interp inst="t18540102-name-47" type="surname" value="MINTING"/>
<interp inst="t18540102-name-47" type="given" value="ALBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t18540102-172-offence-1 t18540102-name-47"/>Albert Minting</persName>.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-48" type="witnessName">
<interp inst="t18540102-name-48" type="gender" value="male"/>
<interp inst="t18540102-name-48" type="surname" value="MINTING"/>
<interp inst="t18540102-name-48" type="given" value="ALBERT"/>ALBERT MINTING</persName> </hi>. I am nine years old—I live with my father and mother, at 12, Harp-alley, Farringdon-street—my father is a French polisher, and also keeps a clothes shop. On the day after Christmas-day, at half past 8 o'clock in the evening, I was at home—the prisoner rang the bell, knocked at the door, and asked for the person in the shop; I said they were not at home; she knocked me down, the candle was on the stairs, and she ran up with it in her hand—a policeman knocked at the door, and when I was going to open it, the prisoner fell down stairs, with a coat under her apron, which tumbled out; it was my coat—I picked it up, and gave it to the policeman who took the prisoner—this (
<hi rend="italic">produced</hi>) is it—the prisoner had no shawl or bonnet on—she had not the candle when she came down; she put it on the table.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-49" type="witnessName">
<interp inst="t18540102-name-49" type="gender" value="male"/>
<interp inst="t18540102-name-49" type="surname" value="COCKERELL"/>
<interp inst="t18540102-name-49" type="given" value="DAVID"/>DAVID COCKERELL</persName> </hi> (
<hi rend="italic">City-policeman</hi>, 314). About half past 8 o'clock on this night, the sister of the last witness gave me information—I went to the house, and the last witness opened the door—I heard some one fall down stairs—there was no light; I got a light, and found the prisoner</p>
<xptr type="pageFacsimile" doc="185401020016"/>
<p>lying at the bottom of the stairs; I lifted her up, and this coat was under her—the last witness picked it up and gave it to me—I took the prisoner to a doctor to see if she was hurt, and then took her into custody—she was drunk.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-50" type="witnessName">
<interp inst="t18540102-name-50" type="gender" value="male"/>
<interp inst="t18540102-name-50" type="surname" value="MINTING"/>
<interp inst="t18540102-name-50" type="given" value="ALBERT"/>ALBERT MINTING</persName> </hi>
<hi rend="italic">re-examined.</hi> My coat had been hanging on a nail behind a door in the up-stairs room—when the prisoner came, my little sister was there, and the prisoner shut the door, shutting her outside, and she went for a policeman—I did not know the prisoner before.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-51" type="witnessName">
<interp inst="t18540102-name-51" type="gender" value="female"/>
<interp inst="t18540102-name-51" type="surname" value="JOYCE"/>
<interp inst="t18540102-name-51" type="given" value="ELIZABETH"/>ELIZABETH JOYCE</persName> </hi>. I am female searcher at the Fleet-street station. I searched the prisoner, and found four shillings and a halfpenny on her, and these thirty-four duplicates (
<hi rend="italic">produced</hi>); twelve of them are for rings, and eight are for coats pledged in December.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I was in a state of intoxication, and lost my bonnet and scarf; I have no recollection whatever till I was at the station next morning; I suppose, being tipsy, I thought it was my home.</p>
<p>
<hi rend="smallCaps">
<rs id="t18540102-172-verdict-1" type="verdictDescription">
<interp inst="t18540102-172-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540102-172-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<p>(
<hi rend="italic">The prisoner was further charged with having been before convicted.</hi>)</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-52" type="witnessName">
<interp inst="t18540102-name-52" type="gender" value="male"/>
<interp inst="t18540102-name-52" type="surname" value="TAYLOR"/>
<interp inst="t18540102-name-52" type="given" value="HENRY"/>HENRY TAYLOR</persName> </hi> (
<hi rend="italic"> policeman, G</hi> 42). I produce a certificate (
<hi rend="italic">read—" Mary Collins, convicted at Clerkenwell, Jan.</hi> 1852,
<hi rend="italic">of stealing a half crown from the person—Confined twelve months"</hi>)—I was present—the prisoner is the person—I had her in custody.</p>
<p>
<hi rend="smallCaps">GUILTY.*</hi>*—
<hi rend="italic">
<rs id="t18540102-172-punishment-15" type="punishmentDescription">
<interp inst="t18540102-172-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18540102-172-punishment-15" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-172-18540102 t18540102-172-punishment-15"/>Four Years Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18540102-173">
<interp inst="t18540102-173" type="uri" value="sessionsPapers/18540102"/>
<interp inst="t18540102-173" type="date" value="18540102"/>
<join result="criminalCharge" id="t18540102-173-charge-1" targOrder="Y" targets="def1-173-18540102 t18540102-173-offence-1 t18540102-173-verdict-1"/>
<p>173.
<persName id="def1-173-18540102" type="defendantName">
<interp inst="def1-173-18540102" type="gender" value="female"/>
<interp inst="def1-173-18540102" type="age" value="33"/>
<interp inst="def1-173-18540102" type="surname" value="MADDEN"/>
<interp inst="def1-173-18540102" type="given" value="JANE"/>
<hi rend="largeCaps">JANE MADDEN</hi> </persName>
<rs id="t18540102-173-offence-1" type="offenceDescription">
<interp inst="t18540102-173-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18540102-173-offence-1" type="offenceSubcategory" value="robbery"/>, robbery on
<persName id="t18540102-name-54" type="victimName">
<interp inst="t18540102-name-54" type="gender" value="male"/>
<interp inst="t18540102-name-54" type="surname" value="NOLAN"/>
<interp inst="t18540102-name-54" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18540102-173-offence-1 t18540102-name-54"/>Thomas Nolan</persName>, and stealing from his person 1 purse, 1 duplicate, 1 hat, and 1 pair gloves, value 10
<hi rend="italic">s</hi>., and 28
<hi rend="italic">s</hi>. in money; his property.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-55" type="witnessName">
<interp inst="t18540102-name-55" type="gender" value="male"/>
<interp inst="t18540102-name-55" type="surname" value="NOLAN"/>
<interp inst="t18540102-name-55" type="given" value="THOMAS"/>THOMAS NOLAN</persName> </hi>. I am a mercantile clerk, living at 49, Burr-street, Spitalfields. On Sunday-night, 11th Dec., I met the prisoner between 11 and 12 o'clock—she asked me to accompany her home; I refused, and walked on—she followed me, and requested me to give her something to drink, as the night was cold; I took her into a public house in the Minories—we drank together there, and staid three quarters of an hour, after which she asked me to see her part of the way home; she took me to Northumberland-alley—I was stupid after what I had drank, and recollect being knocked down in the street, I think by a man, but I could not identify him—the prisoner ran away; and after lying a short time on the flags, I got up and went home—I had not been into any other house with the prisoner in going home—I received a blow across the left eye and fell to the ground—I got up, and found I had lost everything I had except my handkerchief—there was a purse containing, to the best of my knowledge, 28
<hi rend="italic">s</hi>., a duplicate, a pair of gloves, a letter, and a newspaper—I remained in bed the greater part of the next day—on the Tuesday evening, I went to the Minories with a friend, and found the prisoner—I sent my friend for a policeman, and gave the prisoner in charge.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Did not I come up to you on the Tuesday, though you did not see me, and ask you how it was you did not call for the purse?
<hi rend="italic">A.</hi> No; no conversation of that kind passed—we did not go to a public-house on the Tuesday, and have two quarterns of rum and a pint of ale—I did not press you to go anywhere on the Tuesday, saying that I had spent 9
<hi rend="italic">s</hi>. on you, nor was I kissing you, or acting indecently, in the street.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-56" type="witnessName">
<interp inst="t18540102-name-56" type="gender" value="male"/>
<interp inst="t18540102-name-56" type="surname" value="EVANS"/>
<interp inst="t18540102-name-56" type="given" value="DAVID THOMAS"/>DAVID THOMAS EVANS</persName> </hi> (
<hi rend="italic">City policeman</hi>, 590). On the night of 13th Dec. I was sent for, and took the prisoner—Nolan gave her in charge—she was searched at the station by the female searcher—I asked her her name—she hesitated very much, and then gave it—I then asked where she lived—</p>
<xptr type="pageFacsimile" doc="185401020017"/>
<p>she hesitated very much, but after a little while she told me, and I went with her to her lodging, and found these three silk handkerchiefs; three pocket books, containing memorandums; two silver watches; a purse, con
<lb/>taining two sovereigns and four half crowns, in one drawer, and 17
<hi rend="italic">s</hi>. in silver in another; also, a
<hi rend="italic">porte monnaie</hi>, containing a letter and a duplicate (
<hi rend="italic">produced</hi>)</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-57" type="witnessName">
<interp inst="t18540102-name-57" type="gender" value="male"/>
<interp inst="t18540102-name-57" type="surname" value="NOLAN"/>
<interp inst="t18540102-name-57" type="given" value="THOMAS"/>THOMAS NOLAN</persName> </hi>
<hi rend="italic">re-examined.</hi> This purse is mine, and is what I lost on the Sunday night, and also this letter and duplicate.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I went with the man to a public-house in George-street; we remained there till they were about to close, and then he paid, for a pint of brandy at the bar, and took it away in a bottle; we went to a public-house in Northumberland-alley, and drank wine, rum, and brandy; he then paid for half a pint of rum in a bottle, and we came out with it, and went to a house of accommodation in Northumberland-alley, for which he promised me 5
<hi rend="italic">s</hi>., but only gave me 3
<hi rend="italic">s</hi>.; he said that was all the money he had; I was very tipsy, and he was extremely so; I took him to my house, and asked him to make me a present; he took out his purse and the dupli
<lb/>cate, and said he would bring me 2
<hi rend="italic">s</hi>. to-morrow, and befriend me; he threw a newspaper on the table, and pulled his pockets out, to show me that he had no more money; I think the pint of brandy must have been drunk, for I was in a dreadful state on the Tuesday, and could scarcely get out of bed; about 2 o'clock, as he did not come according to promise, I went to the Minories, and saw him, but I do not think he saw me; I ran up to him, and said, "You did not perform your promise in bringing me the 2
<hi rend="italic">s</hi>.;" he said, "I did not know what I was doing on Sunday night; I was in a dreadful state of drink;" he pointed to the side of his head, and showed me a scratch; he proposed going to have something to drink; we went to a public-house, and had two quarterns of rum and a pint of ale, and talked matters over there; this pocketbook was left in my-bed by a friend; this watch belonged to my deceased parent, and the other watch I redeemed at the corner of Turner-street, Commercial-road; the handkerchiefs are mine; I have two children to support, and work at dressmaking and millinery; I never was in prison before; I thought the prosecutor was my friend, and did not think he would turn upon me in this cruel manner; he was pulling me about and kissing me in the street, and because I would not let him do so, he said, "You shall go with nobody else to-night; I will have my revenge;" I said, "If I see a policeman I shall get some protection," and walked up a dark turning; he said, "Give me what I have expended;" a policeman came up, and I was given into custody, to my great surprise.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-58" type="witnessName">
<interp inst="t18540102-name-58" type="gender" value="male"/>
<interp inst="t18540102-name-58" type="surname" value="EVANS"/>
<interp inst="t18540102-name-58" type="given" value="DAVID THOMAS"/>DAVID THOMAS EVANS</persName> </hi>
<hi rend="italic">re-examined.</hi> The prosecutor was quite sober—he had not the least appearance of having been drinking.</p>
<p>
<hi rend="smallCaps">
<rs id="t18540102-173-verdict-1" type="verdictDescription">
<interp inst="t18540102-173-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540102-173-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 33.—
<hi rend="italic">
<rs id="t18540102-173-punishment-16" type="punishmentDescription">
<interp inst="t18540102-173-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18540102-173-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-173-18540102 t18540102-173-punishment-16"/>Confined Twelve Months</rs>.</hi> </p>
<p>(
<hi rend="italic">The policeman Evans stated that the owner of one of the pocketbooks was a captain, who had been robbed of it, and some money, but was obliged to go away to sea.</hi>)</p> </div1>
<div1 type="trialAccount" id="t18540102-174">
<interp inst="t18540102-174" type="uri" value="sessionsPapers/18540102"/>
<interp inst="t18540102-174" type="date" value="18540102"/>
<join result="criminalCharge" id="t18540102-174-charge-1" targOrder="Y" targets="def1-174-18540102 t18540102-174-offence-1 t18540102-174-verdict-1"/>
<p>174.
<persName id="def1-174-18540102" type="defendantName">
<interp inst="def1-174-18540102" type="gender" value="male"/>
<interp inst="def1-174-18540102" type="age" value="21"/>
<interp inst="def1-174-18540102" type="surname" value="HARVEY"/>
<interp inst="def1-174-18540102" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM HARVEY</hi>,
<hi rend="italic">alias
<rs id="t18540102-alias-1" type="alias">
<join result="nameAlias" targOrder="Y" targets="def1-174-18540102 t18540102-alias-1"/> Jackson</rs> </hi> </persName>
<rs id="t18540102-174-offence-1" type="offenceDescription">
<interp inst="t18540102-174-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18540102-174-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing I carpet bag, value 1
<hi rend="italic">l</hi>.; the goods of
<persName id="t18540102-name-60" type="victimName">
<interp inst="t18540102-name-60" type="gender" value="male"/>
<interp inst="t18540102-name-60" type="surname" value="BIRD"/>
<interp inst="t18540102-name-60" type="given" value="EDWARD WALLIN"/>
<join result="offenceVictim" targOrder="Y" targets="t18540102-174-offence-1 t18540102-name-60"/>Edward Wallin Bird</persName>: to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18540102-174-verdict-1" type="verdictDescription">
<interp inst="t18540102-174-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540102-174-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 21.—
<hi rend="italic">
<rs id="t18540102-174-punishment-17" type="punishmentDescription">
<interp inst="t18540102-174-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18540102-174-punishment-17" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-174-18540102 t18540102-174-punishment-17"/>Confined Three Months</rs>.</hi> </p> </div1>
<xptr type="pageFacsimile" doc="185401020018"/>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, January</hi> 3
<hi rend="italic">rd</hi>, 1854.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>—Sir
<hi rend="smallCaps">JOHN MUSGROVE</hi>, Bart., Ald.; Mr. Ald.
<hi rend="smallCaps">CUBITT</hi>; and Mr.
<hi rend="smallCaps">COMMON SERJEANT</hi>.</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant and the Fifth Jury.</hi> </p>
<div1 type="trialAccount" id="t18540102-175">
<interp inst="t18540102-175" type="uri" value="sessionsPapers/18540102"/>
<interp inst="t18540102-175" type="date" value="18540102"/>
<join result="criminalCharge" id="t18540102-175-charge-1" targOrder="Y" targets="def1-175-18540102 t18540102-175-offence-1 t18540102-175-verdict-1"/>
<p>175.
<persName id="def1-175-18540102" type="defendantName">
<interp inst="def1-175-18540102" type="gender" value="male"/>
<interp inst="def1-175-18540102" type="age" value="43"/>
<interp inst="def1-175-18540102" type="surname" value="DOWNING"/>
<interp inst="def1-175-18540102" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS DOWNING</hi> </persName>
<rs id="t18540102-175-offence-1" type="offenceDescription">
<interp inst="t18540102-175-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18540102-175-offence-1" type="offenceSubcategory" value="fraud"/>, unlawfully attempting to obtain 4 shil
<lb/>lings by false pretences.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-62" type="witnessName">
<interp inst="t18540102-name-62" type="gender" value="male"/>
<interp inst="t18540102-name-62" type="surname" value="FORTESCUE"/>
<interp inst="t18540102-name-62" type="given" value="FREDERICK"/>FREDERICK FORTESCUE</persName> </hi>. I am a lock maker, in Cheapside. On Satur
<lb/>day evening, 17th Dec., the prisoner came to my shop about 10 minutes past 5 o'clock—I had not known him before—he said he wished for one of our cards, as he had a friend coming from the country who wished to purchase one of our locks—he said he wanted it for his friend, who was coming from the country on Monday—I gave him one, and he left the shop—he returned in five minutes, and asked me to give him Mr. Weston's address—I knew Mr. Weston very well, and I gave him his address, No. 31, Lawrence-lane—he left, and shortly afterwards he returned, and said Mr. Weston was not at home: and he said he had to make up a bill in Walbrook, and he was deficient 4
<hi rend="italic">s</hi>.; would I lend him that amount, he being a friend of Mr. Weston's—he did not describe Mr. Weston any further than that he knew him—he did not mention his Christian name—I told him I was convinced Mr. Weston would be at home if he went and knocked loudly, and I made it a rule never to lend strangers any money—he then left, and I saw that he went to our factory, in Lawrence-lane—I saw him speak to our foreman, and he took him to the house of Mr. Weston—I saw him go into Mr. Weston's, and I followed him in—he went up the staircase, and I went to the bottom of the stairs—I heard him and Mr. Weston conversing; I do not know what they said—I know Mr. Weston's voice very well; and when I went up the staircase I saw him speaking—I asked Mr. Weston in the prisoner's presence if he knew that party—Mr. Weston said he never saw him before in his life; and after Mr. Weston had told me what he had said to him, I said I would give him in charge for attempting to obtain money—the prisoner begged for mercy, and said, "Consider my position."</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Are you a partner in that firm?
<hi rend="italic">A.</hi> Yes, I have two partners; one is in America—when you asked for the 4
<hi rend="italic">s</hi>., you asked me as a friend of Mr. Weston's—I did not say I would not lend a shilling to the dearest friend I had—I said I made it a rule never to lend money to strangers—I have not caused inquiry to be made in Walbrook whether you had such an amount to pay—I certainly do not know but that that might be true.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-63" type="witnessName">
<interp inst="t18540102-name-63" type="gender" value="male"/>
<interp inst="t18540102-name-63" type="surname" value="WESTON"/>
<interp inst="t18540102-name-63" type="given" value="JOHN SKERRATT"/>JOHN SKERRATT WESTON</persName> </hi>. I am a warehouseman, and live in Lawrence-lane. I was at my warehouse on Saturday evening, 17th Dec, at 10 minutes past 5 o'clock—I had been there for the best part of two hours previously—about 10 minutes or a quarter past 5 o'clock the prisoner came—I never saw him before, to my knowledge—that was the first time, as far as my knowledge goes, that he came there—I answered to the name of Weston when I heard inquiries—the prisoner said to me, "Is Mr. Weston within"—I said, "Yes, my name is Weston"—he said, "I beg your pardon; will you allow me a minute's conversation with you?"—I was talking to a lady, and I left her to hear what he said—he told me he had got an amount of 4
<hi rend="italic">l</hi>. to make up, to pay in Walbrook; and he pulled out his
<hi rend="italic">porte monnaie</hi>, but did not proceed any further when Mr. Fortescue</p>
<xptr type="pageFacsimile" doc="185401020019"/>
<p>came up—the prisoner had represented himself as a particular friend of Mr. Fortescue's—Mr. Fortescue came up, and said to me, "Mr. Weston, do you know this party?"—I said, "No, I never saw him before in my life"—he said, "He called on me, and introduced himself as a particular friend of yours"—I said, "That is the very thing he has done with me; he represented himself as a friend of yours"—he said, "I never saw him;" and he said to the prisoner, "I believe you are an impostor"—he said, "I am no impostor;" and he said to me, "I have seen you several times"—I said, "Where?"—he said, "I have seen you at the house opposite"—I said, "What house!"—he said, "At the public house"—I said, "At the public house)" and knowing there was no public house, I said, "What is the sign?"—he said, "At Lake's Dining Booms"—I said, "Lake's Dining Rooms I have not been in for two years"—I then said he ought to be given in charge—he begged for mercy, and said, "I am a respectable man."</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Are you prepared to swear you never saw me at Lake's Dining-rooms?
<hi rend="italic">A.</hi> To the best of my knowledge, I never saw you before—Mr. Fortescue and I, retired into the warehouse; you were in the passage, we retired to consider whether we should pursue that course of giving you in charge, and I said decidedly we would—I believe we were not in that warehouse half a minute—I agreed to take on myself the responsibility of prosecuting you—there was no written agreement.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-64" type="witnessName">
<interp inst="t18540102-name-64" type="gender" value="male"/>
<interp inst="t18540102-name-64" type="surname" value="HUMPHERY"/>
<interp inst="t18540102-name-64" type="given" value="JOHN"/>JOHN HUMPHERY</persName> </hi> (
<hi rend="italic">City policeman</hi>, 494). I was called, and took the prisoner.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I never premeditated any fraud; it is true my name is a real one, but I refused to give any address, which went very much against me, but I did it out of respect for the lady who is my wife; I do not fear your detective police nor your Mendicity Society men; I never was charged with any case before; I defy any one to come forward, if he can, to prove me a convicted party, or the associate of those who have been convicted; when I came to town, I was with one house for two years; I then went to a house in Cheapside, where I lived eight years; I left, to go into business with Mr. Price, for two years, but finding affairs were going wrong I withdrew, with the loss of 1,700
<hi rend="italic">l</hi>., and went to New York; I went into business, and for two years with success, but I was seized with illness, and when I got better I received information of my mother's death; I am a Warwickshire man; I came here three years ago, and she had bequeathed to me a house, which brings me in 60
<hi rend="italic">l</hi>. a year; I have endeavoured to steer an honest course; I have had the
<hi rend="italic">delirium tremens</hi> twice, and was discharged from St. Thomas's Hospital, as Dr. M'Murdo knows, and if I take a little spirits it flies to my head, and I scarcely know what I do; I have been three weeks in prison on this charge, which is a frivolous one; I did not act in the way in which an impostor would act; I envy not the feelings of that man who could give a fellow creature into custody on such a charge as this; I had no intention to defraud; if I am to go to gaol I shall submit to it, and God Almighty forgive those who have sent me here!</p>
<p>
<hi rend="smallCaps">JURY</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">JOHN HUMPHERY</hi>.
<hi rend="italic">Q.</hi> Was the prisoner intoxicated at the time?
<hi rend="italic">A.</hi> Not at all; he appeared quite sober.</p>
<p>
<rs id="t18540102-175-verdict-1" type="verdictDescription">
<interp inst="t18540102-175-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540102-175-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>. Aged 43.—
<hi rend="italic">Recommended to mercy by the Jury.</hi> </rs>
<hi rend="italic">
<rs id="t18540102-175-punishment-18" type="punishmentDescription">
<interp inst="t18540102-175-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18540102-175-punishment-18" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-175-18540102 t18540102-175-punishment-18"/>Confined Two Months</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18540102-176">
<interp inst="t18540102-176" type="uri" value="sessionsPapers/18540102"/>
<interp inst="t18540102-176" type="date" value="18540102"/>
<join result="criminalCharge" id="t18540102-176-charge-1" targOrder="Y" targets="def1-176-18540102 t18540102-176-offence-1 t18540102-176-verdict-1"/>
<p>176.
<persName id="def1-176-18540102" type="defendantName">
<interp inst="def1-176-18540102" type="gender" value="male"/>
<interp inst="def1-176-18540102" type="surname" value="BROWN"/>
<interp inst="def1-176-18540102" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM BROWN</hi> </persName>
<rs id="t18540102-176-offence-1" type="offenceDescription">
<interp inst="t18540102-176-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18540102-176-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, stealing 2 shillings; the moneys of
<persName id="t18540102-name-66" type="victimName">
<interp inst="t18540102-name-66" type="gender" value="male"/>
<interp inst="t18540102-name-66" type="surname" value="BEE"/>
<interp inst="t18540102-name-66" type="given" value="ABRAHAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18540102-176-offence-1 t18540102-name-66"/>Abraham Bee</persName>, his master.</rs> </p>
<p>
<hi rend="smallCaps">MR. PAYNE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-67" type="witnessName">
<interp inst="t18540102-name-67" type="gender" value="male"/>
<interp inst="t18540102-name-67" type="surname" value="BEE"/>
<interp inst="t18540102-name-67" type="given" value="ABRAHAM"/>ABRAHAM BEE</persName> </hi>. I keep the Angel Into, Farringdon-street. I took that</p>
<xptr type="pageFacsimile" doc="185401020022"/>
<p>house on 14th Dec.—the prisoner was in my service, and he had been in the service of my predecessor—I missed money from my till from time to time, and I missed some on 20th Dec.—on 21st. Dec. a policeman marked some silver in my presence—I think he marked 1
<hi rend="italic">l</hi>. and 4
<hi rend="italic">d</hi>.; it was in half crowns, shillings, one sixpence, and one or more 4
<hi rend="italic">d</hi>. pieces—I put this marked money in the till on Thursday morning, 22nd Dec., between 8 and 9 o'clock—there was no one present but myself—the prisoner was at his breakfast—when he came down about 9 o'clock, I told him I would go up stairs to wash, and I left him in the bar to mind—I went up, and came down in ten minutes or a quarter of an hour—I told him to go up stairs, and when he had gone I examined the till—I missed from it one half crown, three shillings, and one sixpence of the marked money, and there were two shillings unmarked, which were not in the till when I went up stairs—I went across the road and got a policeman—I went up stairs with the policeman, and he found in the prisoner's clothes one sovereign, a half sovereign, two sixpences, and one halfpenny, and soon after he said, "Here is a shilling here"—the prisoner was undressed, and the policeman had his clothes in his hand.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PARRY</hi>.
<hi rend="italic">Q.</hi> When you came down and missed the money, how long had the money then been in the till?
<hi rend="italic">A.</hi> I should think not more than a quarter of an hour—I left no person but the prisoner in the bar, but during my absence I do not know who might go there—I have found no half crown nor sixpence marked; I only produce two shillings—there is still a marked shilling, a marked half crown, and a marked six-pence that I have not traced—there were two unmarked shillings in the till, taken, no doubt, of customers—I do not recollect that there was more than two shillings unmarked—I had been in that place eight days—the prisoner had been with the former proprietor, I understood, eight weeks—I understood he had paid him wages—I do not know the amount, but when Mr. Curry left, he said he had paid him up to the time—I think he had paid him something about 3
<hi rend="italic">l</hi>.—I saw the prisoner wearing a gold watch—I know nothing about his father giving it him.</p>
<p>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> The only money put in the till that morning was marked?
<hi rend="italic">A.</hi> Yes; I took out all the silver there was in the till, and put in only marked money—I found there was 6
<hi rend="italic">s</hi>. in amount of that gone, and I do not remember more than two shillings unmarked being there.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-68" type="witnessName">
<interp inst="t18540102-name-68" type="gender" value="male"/>
<interp inst="t18540102-name-68" type="surname" value="MOSS"/>
<interp inst="t18540102-name-68" type="given" value="JOHN"/>JOHN MOSS</persName> </hi> (
<hi rend="italic">City policeman</hi>, 225). I remember marking about 1
<hi rend="italic">l</hi>.'s worth of silver on Wednesday evening, 21st Dec., and on the 22nd I was fetched by the prosecutor—I went up stairs to the prisoner's room, he was partly undressed—I searched his clothes, and found one sovereign, one half sove
<lb/>reign, two sixpences, and one halfpenny—I found one shilling on the cheffonier; I said, "Oh! here is a shilling"—the prisoner said, "What of the shilling? it is my shilling"—I said, "The shilling is marked"—it was one that I had marked—this is it—the prisoner said, "Do you suppose that all the money you have found is Mr. Bee's money?"—I said, "I shall answer no questions"—I found a gold watch and a chain—in going to the station, the prisoner said he had borrowed a shilling, or that shilling, of the water-man at the
<hi rend="italic">cab</hi> rank—the waterman is here—I made some inquiries of Mr. Pickin, at the British Oak, and received one marked shilling from him—this is it—I have not been able to trace any other marked money.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> I think he said, also, that he had borrowed two shillings out of the till to lend to
<hi rend="italic">Jem</hi>, the potman?
<hi rend="italic">A.</hi> He said he had taken the two shillings, but he intended to have replaced them—I have ascertained that</p>
<xptr type="pageFacsimile" doc="185401020023"/>
<p>he had lent
<hi rend="italic">Jem</hi> two shillings—he said, "This is the fruits of trying to do good; I took the two shillings from the till, but I intended to replace them."</p>
<p>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> When was it he Said that to you?
<hi rend="italic">A.</hi> On my conveying him to Newgate, after the case had been heard before the Magistrate—he said he knew nothing of any other money but the two shillings.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-69" type="witnessName">
<interp inst="t18540102-name-69" type="gender" value="male"/>
<interp inst="t18540102-name-69" type="surname" value="ANDREWS"/>
<interp inst="t18540102-name-69" type="given" value="HENRY"/>HENRY ANDREWS</persName> </hi>. I am a waterman—I know the prisoner; he was the barman at the Angel. On Thursday morning, 22nd Dec, I went there to have something to drink, about 9 o'clock, which is my usual custom about that time in the morning, and the prisoner asked me to lend him a shilling—I lent him one, which I might have taken the day before—he said he wanted to send his late fellow servant to a new situation—it was about starting
<hi rend="italic">Jem</hi>, or something to that purpose.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-70" type="witnessName">
<interp inst="t18540102-name-70" type="gender" value="male"/>
<interp inst="t18540102-name-70" type="surname" value="TOMLIN"/>
<interp inst="t18540102-name-70" type="given" value="CHARLES WILLIAM"/>CHARLES WILLIAM TOMLIN</persName> </hi>. I am now potman at the Fountain. I lived at the Angel, and went by the name of
<hi rend="italic">Jem</hi>—I know the prisoner—on Thursday morning, 22nd Dec, he gave me two shillings—I borrowed two shillings of him, and I had one other shilling—I changed one shilling at Mr. Pickings, the British Oak, one shilling at the first coffee-shop on Snow-hill, and one at the Jolly Anglers—I changed them because I wanted something to eat and drink.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> The prisoner was to start you?
<hi rend="italic">A.</hi> Yes, I was going to a new place—he gave me this money out of his right hand pocket—the first of it was, he told me if I wanted a shilling or two to come to him, and I asked him for it the night before; he knew I was coming.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-71" type="witnessName">
<interp inst="t18540102-name-71" type="gender" value="male"/>
<interp inst="t18540102-name-71" type="surname" value="PICKIN"/>
<interp inst="t18540102-name-71" type="given" value="EDWARD"/>EDWARD PICKIN</persName> </hi>. I keep the British Oak, in Baltic-street. I remember the last witness changing a shilling at my house—I gave that shilling to the policeman.</p>
<p>(
<hi rend="italic">The prisoner received a good character.</hi>)</p>
<p>
<hi rend="smallCaps">
<rs id="t18540102-176-verdict-1" type="verdictDescription">
<interp inst="t18540102-176-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18540102-176-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18540102-177">
<interp inst="t18540102-177" type="uri" value="sessionsPapers/18540102"/>
<interp inst="t18540102-177" type="date" value="18540102"/>
<join result="criminalCharge" id="t18540102-177-charge-1" targOrder="Y" targets="def1-177-18540102 t18540102-177-offence-1 t18540102-177-verdict-1"/>
<p>177.
<persName id="def1-177-18540102" type="defendantName">
<interp inst="def1-177-18540102" type="gender" value="male"/>
<interp inst="def1-177-18540102" type="age" value="22"/>
<interp inst="def1-177-18540102" type="surname" value="GREEN"/>
<interp inst="def1-177-18540102" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES GREEN</hi> </persName>
<rs id="t18540102-177-offence-1" type="offenceDescription">
<interp inst="t18540102-177-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18540102-177-offence-1" type="offenceSubcategory" value="pocketpicking"/>, stealing 1 handkerchief value 1
<hi rend="italic">s</hi>.; the goods of
<persName id="t18540102-name-73" type="victimName">
<interp inst="t18540102-name-73" type="gender" value="male"/>
<interp inst="t18540102-name-73" type="surname" value="NEAVE"/>
<interp inst="t18540102-name-73" type="given" value="RICHARD DAVID"/>
<join result="offenceVictim" targOrder="Y" targets="t18540102-177-offence-1 t18540102-name-73"/>Richard David Neave</persName>, from his person: to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18540102-177-verdict-1" type="verdictDescription">
<interp inst="t18540102-177-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540102-177-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 22.—
<hi rend="italic">
<rs id="t18540102-177-punishment-19" type="punishmentDescription">
<interp inst="t18540102-177-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18540102-177-punishment-19" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-177-18540102 t18540102-177-punishment-19"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18540102-178">
<interp inst="t18540102-178" type="uri" value="sessionsPapers/18540102"/>
<interp inst="t18540102-178" type="date" value="18540102"/>
<join result="criminalCharge" id="t18540102-178-charge-1" targOrder="Y" targets="def1-178-18540102 t18540102-178-offence-1 t18540102-178-verdict-1"/>
<p>178.
<persName id="def1-178-18540102" type="defendantName">
<interp inst="def1-178-18540102" type="gender" value="male"/>
<interp inst="def1-178-18540102" type="age" value="25"/>
<interp inst="def1-178-18540102" type="surname" value="POWELL"/>
<interp inst="def1-178-18540102" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY POWELL</hi> </persName>
<rs id="t18540102-178-offence-1" type="offenceDescription">
<interp inst="t18540102-178-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18540102-178-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, stealing 1 gas branch, value 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.; the goods of
<persName id="t18540102-name-75" type="victimName">
<interp inst="t18540102-name-75" type="gender" value="male"/>
<interp inst="t18540102-name-75" type="surname" value="WRIGHT"/>
<interp inst="t18540102-name-75" type="given" value="JAMES THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18540102-178-offence-1 t18540102-name-75"/>James Thomas Wright</persName> and another, and fixed to a building; having been before convicted: to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18540102-178-verdict-1" type="verdictDescription">
<interp inst="t18540102-178-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540102-178-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 25.—
<hi rend="italic">
<rs id="t18540102-178-punishment-20" type="punishmentDescription">
<interp inst="t18540102-178-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18540102-178-punishment-20" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-178-18540102 t18540102-178-punishment-20"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18540102-179">
<interp inst="t18540102-179" type="uri" value="sessionsPapers/18540102"/>
<interp inst="t18540102-179" type="date" value="18540102"/>
<join result="criminalCharge" id="t18540102-179-charge-1" targOrder="Y" targets="def1-179-18540102 t18540102-179-offence-1 t18540102-179-verdict-1"/>
<join result="criminalCharge" id="t18540102-179-charge-2" targOrder="Y" targets="def1-179-18540102 t18540102-179-offence-2 t18540102-179-verdict-1"/>
<p>179.
<persName id="def1-179-18540102" type="defendantName">
<interp inst="def1-179-18540102" type="gender" value="female"/>
<interp inst="def1-179-18540102" type="surname" value="FITZGERALD"/>
<interp inst="def1-179-18540102" type="given" value="MARY"/>
<hi rend="largeCaps">MARY FITZGERALD</hi> </persName>
<rs id="t18540102-179-offence-1" type="offenceDescription">
<interp inst="t18540102-179-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18540102-179-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, stealing 1 purse and 1 collar, value 4
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.; the goods of
<persName id="t18540102-name-77" type="victimName">
<interp inst="t18540102-name-77" type="gender" value="male"/>
<interp inst="t18540102-name-77" type="surname" value="MARTIN"/>
<interp inst="t18540102-name-77" type="given" value="RICHARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18540102-179-offence-1 t18540102-name-77"/>Richard Martin</persName>, her master:</rs>
<rs id="t18540102-179-offence-2" type="offenceDescription">
<interp inst="t18540102-179-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18540102-179-offence-2" type="offenceSubcategory" value="simpleLarceny"/>
<hi rend="italic">also</hi>, 1 ring, value 7
<hi rend="italic">s</hi>.; the goods of
<persName id="t18540102-name-78" type="victimName">
<interp inst="t18540102-name-78" type="gender" value="female"/>
<interp inst="t18540102-name-78" type="surname" value="LEIGH"/>
<interp inst="t18540102-name-78" type="given" value="ANNA MARIA"/>
<join result="offenceVictim" targOrder="Y" targets="t18540102-179-offence-2 t18540102-name-78"/>Anna Maria Leigh</persName>: to which she</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18540102-179-verdict-1" type="verdictDescription">
<interp inst="t18540102-179-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540102-179-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18540102-179-punishment-21" type="punishmentDescription">
<interp inst="t18540102-179-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18540102-179-punishment-21" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-179-18540102 t18540102-179-punishment-21"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18540102-180">
<interp inst="t18540102-180" type="uri" value="sessionsPapers/18540102"/>
<interp inst="t18540102-180" type="date" value="18540102"/>
<join result="criminalCharge" id="t18540102-180-charge-1" targOrder="Y" targets="def1-180-18540102 t18540102-180-offence-1 t18540102-180-verdict-1"/>
<join result="criminalCharge" id="t18540102-180-charge-2" targOrder="Y" targets="def2-180-18540102 t18540102-180-offence-1 t18540102-180-verdict-1"/>
<p>180.
<persName id="def1-180-18540102" type="defendantName">
<interp inst="def1-180-18540102" type="gender" value="male"/>
<interp inst="def1-180-18540102" type="age" value="m"/>
<interp inst="def1-180-18540102" type="surname" value="FANCE"/>
<interp inst="def1-180-18540102" type="given" value="JACOB"/>
<hi rend="largeCaps">JACOB FANCE</hi> </persName> and
<persName id="def2-180-18540102" type="defendantName">
<interp inst="def2-180-18540102" type="gender" value="male"/>
<interp inst="def2-180-18540102" type="surname" value="SCOTT"/>
<interp inst="def2-180-18540102" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN SCOTT</hi> </persName>
<rs id="t18540102-180-offence-1" type="offenceDescription">
<interp inst="t18540102-180-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18540102-180-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, stealing 12 trusses of straw, value 11
<hi rend="italic">s</hi>.; the goods of
<persName id="t18540102-name-81" type="victimName">
<interp inst="t18540102-name-81" type="gender" value="male"/>
<interp inst="t18540102-name-81" type="surname" value="WOOD"/>
<interp inst="t18540102-name-81" type="given" value="EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18540102-180-offence-1 t18540102-name-81"/>Edward Wood</persName>, their master, in a barge on the Thames.</rs> </p>
<p>
<hi rend="smallCaps">MR. PEARCE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-82" type="witnessName">
<interp inst="t18540102-name-82" type="gender" value="male"/>
<interp inst="t18540102-name-82" type="surname" value="WOOD"/>
<interp inst="t18540102-name-82" type="given" value="EDWARD"/>EDWARD WOOD</persName> </hi>. I live at South Purfleet, in Essex, and am a hay and straw dealer. On 28th Nov. the prisoners were in my service—I have a barge called the
<hi rend="italic">London</hi>—Scott was the captain of it, and Fance was the mate—on 28th Nov. I sent that barge from South Purfleet to Chelsea, with about eighteen loads of straw and two loads of hay—I directed the captain to deliver the freight to Johnson and Rhodes, at Chelsea—I had previously contracted to sell that quantity to Messrs. Rhodes—I believe the prisoners started on 28th Nov.—when they returned I asked the mate if he delivered the whole of the freight to Johnson and Rhodes—he said, "Yes, every</p>
<xptr type="pageFacsimile" doc="185401020024"/>
<p>truss"—the captain was not by then—in consequence of information I afterwards received, I requested Fance to go to the police court with me—he said he had received half a crown from the captain, but what it was for he did not know—he said he regretted his connection with the captain, for he thought the course they were going on would sooner or later bring him into trouble.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PARRY</hi>.
<hi rend="italic">Q.</hi> I think the expression Fance made use of was, "I am innocent?"
<hi rend="italic">A.</hi> Yes, he did—the prisoners have been in my service about five years—I think Fance left me once for six or eight months—their business is to work the barges from South Purfleet to London—I was not present at the loading of this barge.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-83" type="witnessName">
<interp inst="t18540102-name-83" type="gender" value="male"/>
<interp inst="t18540102-name-83" type="surname" value="SEARS"/>
<interp inst="t18540102-name-83" type="given" value="JOSEPH"/>JOSEPH SEARS</persName> </hi>. I am foreman to Messrs. Rhodes and Johnson, of Chel
<lb/>sea, omnibus proprietors. On 3rd Dec. I gave directions to Wheeler to fetch the straw from Badcock's Dock, at Chelsea—after sending him, Scott came to me, and wanted the return ticket for eighteen and a quarter loads of straw, and two loads of hay—Wheeler had previously returned with seventeen and a quarter loads of straw, and I refused to give Scott the ticket on account of his saying he had delivered one more load than we had received.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Were you present at the receipt of this straw?
<hi rend="italic">A.</hi> No, not all; Badcock's Wharf is where we receive our articles from.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-84" type="witnessName">
<interp inst="t18540102-name-84" type="gender" value="male"/>
<interp inst="t18540102-name-84" type="surname" value="WHEELER"/>
<interp inst="t18540102-name-84" type="given" value="JOHN"/>JOHN WHEELER</persName> </hi>. I am in the employ of Messrs. Rhodes and Johnson. On 3rd Dec I received directions to go to Badcock's Wharf to receive some straw from the captain—I went, and found the captain and mate, the two prisoners, at Badcock's Wharf—they delivered the straw and hay to me on the van—they gave me seventeen and a quarter loads—I returned with it to my master—on receiving the last load the captain asked me how much I had got—I said, "Thirty-six trusses, just one load"—he replied, "That is all there is in the barge"—that was about 5 o'clock in the evening.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> The captain told you that he had seventeen or eighteen loads?
<hi rend="italic">A.</hi> I asked him at the third load how many he had got, and he said seventeen or eighteen loads; I took away seventeen and a quarter loads—I am quite sure about that; I counted them myself.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-85" type="witnessName">
<interp inst="t18540102-name-85" type="gender" value="male"/>
<interp inst="t18540102-name-85" type="surname" value="PETTIT"/>
<interp inst="t18540102-name-85" type="given" value="JOHN"/>JOHN PETTIT</persName> </hi>. I am in the employ of Mr. Hill, of Chelsea, an omnibus proprietor. On the evening of 3rd Dec. I went to Badcock's Wharf; I saw Scott at the wharf—I was drawing straw from a barge a little farther on, and when coming away with my load, Scott said, "You are coming once more?"—I said, "Yes"—I called for twelve trusses of straw, for Captain Williams, and Scott said, "You must draw down on the side of the barge for them," and I did so; and Scott delivered them to me—there was some other man in the hold of the barge throwing the trusses up, but I could not see who that was—it was very dark—I could not see the man in the hold—Scott gave me the twelve trusses a little before 6 o'clock.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Had you fetched straw before at Badcock'g Dock?
<hi rend="italic">A.</hi> I had, about two years ago; this was done quite openly—there were many other persons about—there was a horse drowned at the same time.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-86" type="witnessName">
<interp inst="t18540102-name-86" type="gender" value="male"/>
<interp inst="t18540102-name-86" type="surname" value="MILLERMAN"/>
<interp inst="t18540102-name-86" type="given" value="WILLIAM"/>WILLIAM MILLERMAN</persName> </hi> (
<hi rend="italic">policeman, B</hi> 95). I took Fance in custody—I told him the charge—he said he threw up twelve trusses of straw out of the hold, and he received a half crown; but he did not know what the half crown was for—I apprehended Scott; he said he tied up some bundles of straw, and sold them for 6
<hi rend="italic">d</hi>. a bundle—he did not say how many.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-87" type="witnessName">
<interp inst="t18540102-name-87" type="gender" value="male"/>
<interp inst="t18540102-name-87" type="surname" value="WOOD"/>
<interp inst="t18540102-name-87" type="given" value="EDWARD"/>EDWARD WOOD</persName> </hi>
<hi rend="italic">re-examined.</hi> I was directed to deliver the whole of the straw to Rhodes—there was nothing said about Captain Williams or Pettit.</p>
<p>(
<hi rend="italic">The prisoners received good characters.</hi>)</p>
<p>
<hi rend="smallCaps">
<rs id="t18540102-180-verdict-1" type="verdictDescription">
<interp inst="t18540102-180-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18540102-180-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18540102-181">
<interp inst="t18540102-181" type="uri" value="sessionsPapers/18540102"/>
<interp inst="t18540102-181" type="date" value="18540102"/>
<join result="criminalCharge" id="t18540102-181-charge-1" targOrder="Y" targets="def1-181-18540102 t18540102-181-offence-1 t18540102-181-verdict-1"/>
<xptr type="pageFacsimile" doc="185401020025"/>
<p>181.
<persName id="def1-181-18540102" type="defendantName">
<interp inst="def1-181-18540102" type="gender" value="male"/>
<interp inst="def1-181-18540102" type="age" value="42"/>
<interp inst="def1-181-18540102" type="surname" value="BALDWIN"/>
<interp inst="def1-181-18540102" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM BALDWIN</hi> </persName>
<rs id="t18540102-181-offence-1" type="offenceDescription">
<interp inst="t18540102-181-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18540102-181-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, stealing 2 bushels of oats, value 6
<hi rend="italic">s</hi>.; the goods of
<persName id="t18540102-name-89" type="victimName">
<interp inst="t18540102-name-89" type="gender" value="female"/>
<interp inst="t18540102-name-89" type="surname" value="LARMAN"/>
<interp inst="t18540102-name-89" type="given" value="SARAH"/>
<join result="offenceVictim" targOrder="Y" targets="t18540102-181-offence-1 t18540102-name-89"/>Sarah Larman</persName>, his mistress.</rs> </p>
<p>
<hi rend="smallCaps">MR. PARRU</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-90" type="witnessName">
<interp inst="t18540102-name-90" type="gender" value="male"/>
<interp inst="t18540102-name-90" type="surname" value="LARMAN"/>
<interp inst="t18540102-name-90" type="given" value="WILLIAM"/>WILLIAM LARMAN</persName> </hi>. I am the son of Sarah Larman; she is a farmer, at Enfield-highway. The prisoner was in her employ for about two years and a half—on 13th Dec. I was watching on her premises, between 7 and 8 o'clock in the morning—I saw the prisoner outside of the barn—there was a donkey and cart in the road, outside—the driver of that cart was William Dukes—he has absconded—I saw the prisoner go towards the pales where the cart was standing, with a sack not quite full—I did not know what was in the sack—I did not stop to see whether he brought back the sack—I saw him go with the sack near the pales—I went round in the road and saw William Dukes with his cart—he was at the hind part of the cart—I took the sack out of the cart—I carried it twenty or thirty yards, and gave it to my uncle—I then ran and got a police constable; he came and I gave the prisoner into custody—he said he knew nothing about it—I am certain that I saw him that morning carrying the sack towards Duke's cart—the sack I found in the cart was the same size and appearance as the one the prisoner was carrying—it contained these oats; worth 6
<hi rend="italic">s</hi>.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> Where were you, when you saw this man carrying the sack towards the pales?
<hi rend="italic">A.</hi> In a, back pantry of my uncle's house, looking through a wire window—it was about twenty-five yards from the pales—it was between 7 and 8 o'clock in the morning, on Tuesday, 13th Dec.—my uncle was watching before me; I went and took his place while he finished his breakfast—I was not above five minutes in the pantry—the donkey cart was about five yards from the pales—there was a ditch between—the prisoner was the only man who had been threshing in that barn—there was no other person threshing at the same time—I merely saw a sack; I did not see where it was put, and I found a sack with some oats in it in the donkey cart—there was no mark on the sack.</p>
<p>
<hi rend="smallCaps">MR. PARRY</hi>.
<hi rend="italic">Q.</hi> Was there any other person who could have done what this man did?
<hi rend="italic">A.</hi> No; I have known him well two years and a half as our servant—I am sure he was the man who was carrying the sack.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-91" type="witnessName">
<interp inst="t18540102-name-91" type="gender" value="male"/>
<interp inst="t18540102-name-91" type="surname" value="LARMAN"/>
<interp inst="t18540102-name-91" type="given" value="HENRY"/>HENRY LARMAN</persName> </hi>. I am the uncle of the last witness. I know the prisoner very well; he has been in Mrs. Larman's service about two years and a half—I was watching that morning—soon after the prisoner went into the barn I saw him uncover the sack of oats, and he brought them along the floor and put a bit of loose straw over them—he then came towards my pantry window—I drew myself aside, and he came and peeped in the window—my nephew then came and told me to go and get my break-fast, and he would watch—I went in the room, and he stayed there—I had seen the donkey cart with Dukes that morning—I went past it and noticed it, and I am quite confident there was no sack in it—I saw the prisoner uncover the sack, and leave it near the barn door—I did not see him carry it to the donkey cart—when I saw my nephew run out of the house I followed him—he had got the sack out of the cart before I got to him—the donkey man ran away after we got the oats out—I had seen him and the prisoner together several times—I know the prisoner should have been threshing in the barn that morning—I am quite positive these oats belong to Mrs. Larman.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> How does this window stand with respect to the barn door?
<hi rend="italic">A.</hi> It is right in front of the barn door, nineteen or twenty yards off.</p>
<xptr type="pageFacsimile" doc="185401020026"/>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-92" type="witnessName">
<interp inst="t18540102-name-92" type="gender" value="male"/>
<interp inst="t18540102-name-92" type="surname" value="HAYES"/>
<interp inst="t18540102-name-92" type="given" value="HENRY"/>HENRY HAYES</persName> </hi> (
<hi rend="italic">policeman, N</hi> 342). I apprehended the prisoner. I told him I took him for stealing the quantity of oats which Mr. Larman charged him with—he denied it, and said, "I know nothing about it"—I am a judge of oats—these oats correspond with the oats in Mrs. Larman's barn.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Where did you get your knowledge of oats from?
<hi rend="italic">A.</hi> I was once in the corn trade—I drove for a relation of mine, who was a master.</p>
<p>
<hi rend="smallCaps">MR. PARRY</hi>.
<hi rend="italic">Q.</hi> How long were you in the corn trade?
<hi rend="italic">A.</hi> Five years; I had an opportunity of knowing what oats were, and the different sorts of them, and more than that, these oats have a pea in them—I have a sample here from the barn, and a sample of those that were stolen.</p>
<p>(
<hi rend="italic">The prisoner received a good character.</hi>)</p>
<p>
<hi rend="smallCaps">
<rs id="t18540102-181-verdict-1" type="verdictDescription">
<interp inst="t18540102-181-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540102-181-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 42.—
<hi rend="italic">
<rs id="t18540102-181-punishment-22" type="punishmentDescription">
<interp inst="t18540102-181-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18540102-181-punishment-22" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-181-18540102 t18540102-181-punishment-22"/>Confined Two Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18540102-182">
<interp inst="t18540102-182" type="uri" value="sessionsPapers/18540102"/>
<interp inst="t18540102-182" type="date" value="18540102"/>
<join result="criminalCharge" id="t18540102-182-charge-1" targOrder="Y" targets="def1-182-18540102 t18540102-182-offence-1 t18540102-182-verdict-1"/>
<join result="criminalCharge" id="t18540102-182-charge-2" targOrder="Y" targets="def2-182-18540102 t18540102-182-offence-1 t18540102-182-verdict-1"/>
<join result="criminalCharge" id="t18540102-182-charge-3" targOrder="Y" targets="def3-182-18540102 t18540102-182-offence-1 t18540102-182-verdict-1"/>
<p>182.
<hi rend="largeCaps">
<persName id="def1-182-18540102" type="defendantName">
<interp inst="def1-182-18540102" type="gender" value="male"/>
<interp inst="def1-182-18540102" type="age" value="22"/>
<interp inst="def1-182-18540102" type="surname" value="ROUNCE"/>
<interp inst="def1-182-18540102" type="given" value="ROBERT"/>ROBERT ROUNCE</persName>,
<persName id="def2-182-18540102" type="defendantName">
<interp inst="def2-182-18540102" type="gender" value="male"/>
<interp inst="def2-182-18540102" type="age" value="30"/>
<interp inst="def2-182-18540102" type="surname" value="HYAMS"/>
<interp inst="def2-182-18540102" type="given" value="SOLOMON"/> SOLOMON HYAMS</persName> </hi>, and
<persName id="def3-182-18540102" type="defendantName">
<interp inst="def3-182-18540102" type="gender" value="male"/>
<interp inst="def3-182-18540102" type="surname" value="PARKER"/>
<interp inst="def3-182-18540102" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM PARKER</hi> </persName>
<rs id="t18540102-182-offence-1" type="offenceDescription">
<interp inst="t18540102-182-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18540102-182-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, stealing 120 baskets; the property of
<persName id="t18540102-name-96" type="victimName">
<interp inst="t18540102-name-96" type="gender" value="male"/>
<interp inst="t18540102-name-96" type="surname" value="M'NAMARA"/>
<interp inst="t18540102-name-96" type="given" value="ARTHUR"/>
<join result="offenceVictim" targOrder="Y" targets="t18540102-182-offence-1 t18540102-name-96"/>Arthur M'Namara</persName>, the master of Rounce: 2nd
<hi rend="smallCaps">COUNT</hi>, receiving the same.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. ROBINSON</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">M'MAHON</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-97" type="witnessName">
<interp inst="t18540102-name-97" type="gender" value="male"/>
<interp inst="t18540102-name-97" type="surname" value="GAVIN"/>
<interp inst="t18540102-name-97" type="given" value="WILLIAM"/>WILLIAM GAVIN</persName> </hi>. I am inspector of police on the Eastern Counties Railway. On the evening of 2nd Dec, from information I received, I proceeded to the house of Mr. M'Namara—I went with him and a constable and a private individual to Bluegate-flelds, Ratcliff-highway—I found, on the top of a ladder leading to a loft, a number of bundles of baskets—that was the usual entrance to the loft, and that entrance was blocked up by those baskets—they were packed in bundles—there were ten or eleven bundles—I suppose about a dozen in each bundle: dry fish baskets—I pointed them out to Mr. M'Namara—I obtained permission to go round to the front of the loft—I got in, and found many hundred baskets—I could not get far enough in the loft to count them—numbers of them were marked—I took one, which is called a tally, off one bundle; this is it—I went from there to the Bird-in-Hand beer shop, in Church-street, Stepney—I found the prisoner Parker there officiating as landlord—I asked him if he were the owner of the loft where the baskets were—he, said he was—I asked him if he were in the habit of dealing in baskets—he said he did—I requested him to accompany me to the loft, which he did—when we got to the ladder that the baskets were on the top of, I took him up, and when he saw these eleven bundles of baskets on the top of the ladder he said, "I did not buy them, I did not take them; I know nothing about them; some of my
<hi rend="italic">chaps</hi> must have taken them in in my absence"—we then went round to the front of the loft, and on gaining admission I showed him a number of baskets, which I got from the piles marked—I asked him how he could account for the possession of them—he then commenced crying, and said, "Oh, don't ask me any questions; I am sure I cannot say; you see what is here"—Mr. M'Namara asked him what he gave for the baskets that were marked—he said 2 1/2
<hi rend="italic">d</hi>. each—Mr. M'Namara said, "You know well, Parker, you had no business to buy them at 2 1/2
<hi rend="italic">d</hi>.; they are worth a shilling each"—Mr. M'Namara identified all the marked baskets—I then asked Parker if he had bought any baskets from
<hi rend="italic">Solly</hi> Mitchell (meaning Hyams)—he said he had repeatedly bought from Mitchell—I asked if he expected any from Mitchell that day—he said he was not quite sure, but he thought he did—he then asked me to allow him to have his wife brought into the loft—I did, and when she came he said to her, "Oh, my dear, see what trouble I have got in; I expected that b—y
<hi rend="italic">Solly</hi> Mitchell would</p>
<xptr type="pageFacsimile" doc="185401020027"/>
<p>do this for me some day"—he said, "Was he here yesterday?"—she said, "He and his wife were at our house yesterday" (this was between 12 and 1 o'clock on the Saturday morning)—I asked him if he did not consider he was doing wrong in buying so great a number of baskets at so low a price—he sat down on a bundle of baskets, and cried a great deal, and said, "Ask me no more questions"—I told him to consider himself in custody, and took him to the station—I went from there to Mitchell's residence—I took Bounce about 6 o'clock on the Saturday morning, on the platform of the Shoreditch station—I asked him if he had delivered any baskets on the previous evening to any person on his way from Billingsgate to the Eastern Counties station—he said "No"—I told him to consider himself in custody for delivering eleven bundles to the other prisoner.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. JOYCE</hi>.
<hi rend="italic">Q.</hi> I understand you to say, that you asked Bounce whether he had delivered any baskets that morning?
<hi rend="italic">A.</hi> No; on the previous evening—I will venture to say that I put that question to him—I met him on the platform, and I said, "Bounce, did you deliver any bundles of baskets last evening on your way from Billingsgate-market to the Eastern Counties Railway?"</p>
<p>
<hi rend="italic">Q.</hi> Was not the first thing you said, that you charged him with an offence in delivering these baskets?
<hi rend="italic">A.</hi> I charged him with delivering the baskets, and I asked him if he knew me—he said, "Yes; you are Mr. Gavin."</p>
<p>
<hi rend="italic">Q.</hi> Were not the first words used by Bounce, "Very well, Sir, I must go?"
<hi rend="italic">A.</hi> No; not to my recollection—I stated all that was said in an
<lb/>other place, as near as I can recollect—I am not quite certain that I put any questions to him till I told him he was in custody, but I believe I did—I think I can swear that I put questions to him before I told him he was in custody—I will swear it—I touched him on the shoulder, and said, "Rounce step this way with me"—I said, "Do you recollect delivering eleven bundles of baskets on the way to the station last night"—he said, "No"—I said, "Not to
<hi rend="italic">Solly</hi> Mitchell"—he said, "No"—I said, "You may consider yourself in custody for having delivered eleven bundles of baskets to
<hi rend="italic">Solly</hi> Mitchell, in the Tenter Ground, Spitalfields"—this is my signature to this deposition. (
<hi rend="italic">The deposition being ready contained these words:</hi> "This morning I took the prisoner Bounce into custody on the platform at our station, at 10 minutes past 6 o'clock; I told him I charged him with stealing a quantity of fish pads last night from a van he was driving from Billingsgate to the station—he said, 'Very well'—I asked if he knew me—he said, 'Yes; you are Mr. Gavin'—that was all that passed.")</p>
<p>
<hi rend="italic">Q.</hi> Is that true or false?
<hi rend="italic">A.</hi> It is quite true, but I ought to have added what I have stated now.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> When you went to the prisoner Parkers public house, the Bird-in-Hand, you addressed him on the subject of these baskets, and he voluntarily gave answers to all your questions; and when you asked whether he was a buyer, or whether he dealt in them, he told you he was, and that he dealt with Mitchell?
<hi rend="italic">A.</hi> Yes; the baskets were blocking up the entrance—they were outside the door, standing on end against the door on the landing, so as to impede my entrance to the loft—Parker said they must have been brought in his absence; and he also addressed the owner of the shed, and said, "You know I have not been here the last three days;" and he said, "Yes"—and he said, "You can come to the police court and say so for me, can't you"—Mr. McNamara said to Parker in my presence, "You know you ought not to have bought them at</p>
<xptr type="pageFacsimile" doc="185401020028"/>
<p>that price," or words to that effect—I said the same words before the Magistrate—my examination was taken down in writing, and read to me.</p>
<p>
<hi rend="italic">Q.</hi> Was that portion read to you before you signed the paper?
<hi rend="italic">A.</hi> I cannot exactly recollect it—my evidence was three-quarters of an hour in length—I think that statement was made by me before the Magistrate—I could not undertake to say—if I have not done so I ought, but I cannot undertake to say whether I did or not.</p>
<p>
<hi rend="italic">Q.</hi> And you repeated the question how he could buy these baskets at 2 1/2
<hi rend="italic">d</hi>., and he would not answer; did you state that before the Magistrate?
<hi rend="italic">A.</hi> I believe I did—if I did not I ought to have done it—I believe I men
<lb/>tioned the price, 2 1/2
<hi rend="italic">d</hi>., before the Magistrate, but I cannot undertake to swear it—I should think if I heard the word reiterated once, I did eight or ten times—I believe I made use of the words 2 1/2
<hi rend="italic">d</hi>. before the Magistrate—I am not quite certain, so as to take my oath of it—I have taken a great many persons into custody.</p>
<p>
<hi rend="italic">Q.</hi> Is it, in the exercise of your duties, your habit to catechise prisoners in the manner you have told us you have to day?
<hi rend="italic">A.</hi> It is not my constant practice, but I do not wish to take a prisoner into custody till I have ascer
<lb/>tained that there are lawful grounds for me to do so.</p>
<p>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> How did you get to the loft?
<hi rend="italic">A.</hi> Through a gate which was opened for me—the loft is some distance down the yard—there were three examinations before the Magistrate; the case was remanded twice I believe—I attended the last two times, not the first—on the last examination an objection was made by Mr. Huddleston, that I had not given my evidence in full, but that you would examine me—that objection was then waived, and I was not further examined.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-98" type="witnessName">
<interp inst="t18540102-name-98" type="gender" value="male"/>
<interp inst="t18540102-name-98" type="surname" value="KEWALL"/>
<interp inst="t18540102-name-98" type="given" value="WILLIAM"/>WILLIAM KEWALL</persName> </hi>. (
<hi rend="italic">City policeman</hi>, 135). On the morning of 2nd Dec., I took Mitchell in custody at his house—I asked him if he knew Parker—he said, "What Parker?"—I said, "Parker of Bluegate-fields"—he said, "Yes, I do"—I said, "Did you send him any baskets yesterday?"—he said, "Yes, I did"—I asked him how many; he said seven or eight bundles—I said, "What does he in general give you a dozen for them?"—he said, "I don't know, I don't settle above once in a week"—I said, "When did you receive any money from him last?"—he said, "Last Saturday, I had 1
<hi rend="italic">l</hi>. from him"—I said, "Mitchell, you would not mind going to the station with me?"—he said, "O, no; come on"—I said, "You are charged with stealing baskets?"—he said, "Very well."</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. LILLEY</hi>.
<hi rend="italic">Q.</hi> You found him at home in his own house?
<hi rend="italic">A.</hi> Yes; in bed—I believe his wife let me in—I went up stairs to his room, he was awake sitting upright—I knocked pretty loudly at the door—he did not show any hesitation in answering me—he got up, and put on his things.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-99" type="witnessName">
<interp inst="t18540102-name-99" type="gender" value="male"/>
<interp inst="t18540102-name-99" type="surname" value="WICKS"/>
<interp inst="t18540102-name-99" type="given" value="JOHN"/>JOHN WICKS</persName> </hi>. I am servant to Mr. Dearsly, of Billingsgate-market, a fishmonger. I saw Bounce at Billingsgate-market on the 2nd Dec, between 4 and 5 o'clock in the evening—he was loading baskets into Mr. M'Namara's van—I put some fish baskets on Mr. M'Namara's van—Rounce was there in charge of it—I cannot say whether he was the man that was loading baskets that evening—I know there was a man taking baskets—I have seen him in the market.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Neither of the prisoners you can identify as having been with the van on that occasion?
<hi rend="italic">A.</hi> I saw a man loading Mr. M'Namara's; the mark I put on the baskets was "A and R" that I put in the van—I know this label (
<hi rend="italic">looking at it</hi>), I tied this on the</p>
<xptr type="pageFacsimile" doc="185401020029"/>
<p>baskets—the baskets here produced, are the baskets I put on the van—I tied them up—the last bundle I put up was seven or eight baskets, they were dry herring baskets—I cannot say whether I saw Rounce there that day—I know whose baskets are marked A R, they are Mr. Robert Adam's, they were going to Yarmouth—I tied these baskets on that occasion.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. LILLEY</hi>.
<hi rend="italic">Q.</hi> Can you tell how many baskets were Bent off to Mr. Adams?
<hi rend="italic">A.</hi> That was the only bundle to Mr. Adams; there were seven or eight baskets in it—we had but three or four bundles of baskets went that day, and I tied them all up—I cannot say how many there were exactly, I did not keep any account—there was another man there, but he did not put up a bundle—I carried them out, and put them up myself—at times another man put up baskets on the van, but not that day that I am aware of.</p>
<p>
<hi rend="italic">Q.</hi> Your words in the deposition are, "I put up one bundle, another man put up another, seven or eight baskets in each bundle; one of those bundles which I put up is now produced, and contains eight baskets?"
<hi rend="italic">A.</hi> 1 said sometimes he put up a bundle; I am not quite certain whether I said he did—there is another man who ties up at times.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> This is not your writing on this label?
<hi rend="italic">A.</hi> No; not this direction, I never write the direction—these baskets are very common baskets, in which fish are sent from London to the country by thousands every day—thousands of these baskets are used every day by different persons—if it were not for the label, I should not be able to say that the baskets which are here now were ever in Mr. M'Namara's possession—we always go by the mark.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. JOYCE</hi>. You do not tie up all the bundles?
<hi rend="italic">A.</hi> Not at all times; I put on the ticket—the marks on the basket are put on at Yarmouth—I know nothing of Mr. Adams, but what I have heard from my master Mr. Dearsley.</p>
<p>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> There are thousands of such baskets, but are there thousands with the mark of Mr. Adams on them?
<hi rend="italic">A.</hi> No; these baskets are generally tied in dozens, but I recollect that those which were tied that clay were short—we wanted more to make up the complement.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-100" type="witnessName">
<interp inst="t18540102-name-100" type="gender" value="male"/>
<interp inst="t18540102-name-100" type="surname" value="WEBSTER"/>
<interp inst="t18540102-name-100" type="given" value="CHARLES"/>CHARLES WEBSTER</persName> </hi>. I am servant to Mr. Alexander, who sells fish for Mrs. Benjamin, a fish saleswoman. On Friday 2nd Dec, I tied up bundles of fish baskets with marks on thorn—there were two bundles marked with double "S S," and an "S" on the top—I did not address them, but I saw the address on them to Mr. Shuckford, Yarmouth—there was another bundle I put up marked with 5 and a cross—there were about twelve baskets in each bundle—I put those bundles into Mr. M'Namara's van on the 2nd of Dec.—a young
<hi rend="italic">chap</hi> was driving it who had a white smock, it was the prisoner Rounce—it was about half past 4 o'clock in the afternoon—I have since seen those baskets at the station—they were shown to me by Mr. Mayhew, and a little
<hi rend="italic">chap</hi> that they call
<hi rend="italic">Punch</hi>—they were the baskets I put in the van—I believe it was on the Tuesday following that I saw them.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. JOYCE</hi>.
<hi rend="italic">Q.</hi> How long have you been engaged in making up baskets?
<hi rend="italic">A.</hi> I have put them up many times before on Mr. M'Namara's van; Tom Banbury was the driver of that van on the Thursday—Friday, the 2nd of Dec, was not the first time I saw the white smock—I saw him on the Tuesday before, and I bad seen him before that on the van, but I cannot recollect on what dates—I had seen him seven or eight times altogether on the van, and standing by the van in the market,</p>
<xptr type="pageFacsimile" doc="185401020030"/>
<p>and he has been on his van handing off the fish—there is one other man beside a short man with a white smock and knee breeches—I have not seen any other persons wear white smocks—my employ is in the shop, and I am very often round about the market with fish.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. LILLEY</hi>.
<hi rend="italic">Q.</hi> Can you tell how many baskets marked "S S" belong to Mr. and Mrs. Shuckford?
<hi rend="italic">A.</hi> No; I have often placed baskets on the van on other days—I tied them up that day with a bowler knot—I do not know the meaning of "S S," only the right direction was on the pads—I do not know whether the directions are here—I do not suppose the baskets were worth 9
<hi rend="italic">d</hi>. or 10
<hi rend="italic">d</hi>. that day, when they had had fish in once—I know what are called sole bushel baskets—I believe they are not worth more than 2
<hi rend="italic">d</hi>. or 3
<hi rend="italic">d</hi>. a piece—they vary very much.</p>
<p>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> With respect to dry fish baskets, they are used continually backwards and forwards?
<hi rend="italic">A.</hi> Yes, the same baskets.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Are sole bushel baskets wet fish baskets?
<hi rend="italic">A.</hi> Yes.</p>
<p>
<hi rend="smallCaps">MR. SLEIGH</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">WILLIAM GAVIN</hi>.
<hi rend="italic">Q.</hi> Do you know sole bushel baskets?
<hi rend="italic">A.</hi> No, I do not; in Mr. Parker's loft there were a large number of baskets, of a very different description to what are here today—I have not brought any of the other baskets—they had no marks, and were not identified——there were wet fish baskets there—there were only two descriptions of baskets in the loft—the others appeared to me to be all of the same descrip
<lb/>tion, and size, and appearance—they were shown to me as wet fish baskets.</p>
<p>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> A large proportion of the baskets you saw were dry fish baskets, like these?
<hi rend="italic">A.</hi> Yes.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-101" type="witnessName">
<interp inst="t18540102-name-101" type="gender" value="male"/>
<interp inst="t18540102-name-101" type="surname" value="BOWERS"/>
<interp inst="t18540102-name-101" type="given" value="WILLIAM"/>WILLIAM BOWERS</persName> </hi>. I am in the service of Mr. Henry Harris, of Billingsgate. On the afternoon of Friday, 2nd Dec., I was engaged in carrying baskets from Mr. Harris's to Mr. M'Namara's van—I sent 106 baskets by Mr. M'Namara's van, with five different marks—one particular mark, which I put on myself, was "I O," with a cross on the top of the lid—that bundle contained thirteen baskets—this is one of them—they were to go to Yarmouth, in Norfolk—I did not see who drove Mr. M'Namara's van on that occasion—I saw Bounce and one or two more men—I cannot say whether it was his van I put them on—there were two vans, standing back to back—whether he was on the van or not I cannot say—I knew him as being with Mr. M'Namara's vans.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-102" type="witnessName">
<interp inst="t18540102-name-102" type="gender" value="male"/>
<interp inst="t18540102-name-102" type="surname" value="BUNCE"/>
<interp inst="t18540102-name-102" type="given" value="MARK"/>MARK BUNCE</persName> </hi>. I know the prisoner Mitchell—I do work for him some times—I was at work for him on 2nd Dec., at No. 2, Tenter-street—on that afternoon I saw a van—I do not know whether it came down Commercial-street—I first saw it turning round the corner of the Tenter-ground—that is about 200 yards from Commercial-street—it is not in a straight direction to the Eastern Counties Railway—it is out of the line, and turning into the Tenter-ground would be more out of the line—Rounce was driving the van, and Mitchell was walking by the side of it—they turned into the arch leading to the Tenter-ground, and stopped at No. 2, Tenter-street—I have seen Mitchell there before, and been there with him—when the van stopped at No. 2, Rounce untied the rope, and
<hi rend="italic">chucked</hi> eleven bundles of baskets off—they were such baskets as these—Mitchell picked them up, and put them on the pavement, and Mitchell told me to put them on my barrow, which was standing there—I asked a young man, named Conway, to hold the handles of the barrow while I put them on—Mitchell told me to take them down to Bill's place, meaning Parker's—I had heard him call Parker by the name of Bill before—I put the baskets on the barrow, and took them to</p>
<xptr type="pageFacsimile" doc="185401020031"/>
<p>Parker's—when I got there I saw two men, one called
<hi rend="italic">South-western</hi>, and the other
<hi rend="italic">Charlie</hi>—I delivered what I had to those two men, at the shed in Bluegate-fields—I then went back and took the others—as soon as these bundles were
<hi rend="italic">chucked</hi> off, and picked up by Mitchell, Rounce went away with the van, and turned in the direction to Commercial-street, which would be the right way to the Eastern Counties Railway—I had on a former occasion taken baskets from one of Mr. M'Namara's vans to Parker's—about a week previous I took some from No. 2, Tenter-ground—one of Mr. M'Namara's men took a van up, and eighteen dozen were
<hi rend="italic">chucked</hi> off, just the same as these—they were dry herring baskets—when I took them down to Parker's, I saw the same two men, and delivered them to them—I did not see Parker when I took the first bundles of baskets—I have seen Mitchell and Parker together scores of times in Parker's house—I last saw them on the Wednesday before the Friday, in the taproom at Parker's—I have told Parker that I brought baskets to his place from Mitchell's—I saw Mitchell at Parker's place when I took the second parcel of baskets down—he was there, counting the baskets, at Parker's place.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. JOYCE</hi>.
<hi rend="italic">Q.</hi> What was the work you were doing at Mitchell's?
<hi rend="italic">A.</hi> Mending baskets for him; there were about three dozen baskets, and I was there after leaving Billingsgate—they were Mitchell's baskets that I took first—I had my barrow with me—I live in Vincent-street, Boundary-street, Shoreditch—Mitchell is a dealer in these baskets—I do not know Mr. M'Namara; I know the vans—I did not know at the time that the baskets were the property of Mr. M'Namara, that I swear—Mitchell always paid me for the carriage of these goods—he gave me 2
<hi rend="italic">s</hi>. a day for taking his baskets to Billingsgate, and mending other baskets which he wanted—I am not related to him—I am living with his wife's sister; we are not married—Mitchell and I have had words at different times, not since these baskets were thrown out—I have had words with him several times—the last occasion was before I was examined as a witness at the police court—since we quarrelled, I have been on terms of intimacy with him—I have worked for him—I had not any quarrel with him about a shilling for carting things—I was not there before the first occa
<lb/>sion—I believe the first examination was on the Saturday, and I knew of it.</p>
<p>
<hi rend="italic">Q.</hi> Did you not receive 10
<hi rend="italic">s</hi>. from Mrs. Mitchell not to appear on that Saturday?
<hi rend="italic">A.</hi> Not from Mrs. Mitchell; from a man of the name of Roach, on the Saturday night—it was not to appear—I had been to Worship-street after the case had been examined—the case was all over before I received the 10
<hi rend="italic">s</hi>.—Wednesday was the day of the second hearing, I went there—I did not offer to stay away on the payment of 2
<hi rend="italic">l</hi>.; that I swear—I am a costermonger by trade—at times I follow shoemaking—I have not helped myself to other people's goods without their consent—the last time I was in prison is about nine months ago—it was for stealing a watch—I was imprisoned twelve months—I left the prison after serving my year—I have not been in custody since—I never had four months imprisonment—I was once in trouble for an assault on Hyams and his wife—I was in prison for that about five years ago.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. LILLEY</hi>.
<hi rend="italic">Q.</hi> Was there not another occasion when you mistook somebody else's property for your own?
<hi rend="italic">A.</hi> No; I have said that I gave my evidence against Mitchell out of spite—that was because I was locked up for assaulting his wife.</p>
<p>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> What do you mean?
<hi rend="italic">A.</hi> I told him if I knew of anything that would put him in prison I would do it, because he put me in</p>
<xptr type="pageFacsimile" doc="185401020032"/>
<p>—I only know Roach as being an associate with a friend of Parker's—I saw him in Parker's taproom a few days before—when he gave me the 10
<hi rend="italic">s</hi>., Mrs. Mitchell and Mrs. Parker and several other persons were with him—I went to Worship-street on the Saturday—I received information there, and went to Arbour-square—I stopped there till 5 o'clock, because I was told the case was coming on.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-103" type="witnessName">
<interp inst="t18540102-name-103" type="gender" value="male"/>
<interp inst="t18540102-name-103" type="surname" value="CONWAY"/>
<interp inst="t18540102-name-103" type="given" value="JOHN"/>JOHN CONWAY</persName> </hi>. I live in Tenter-street, and work for Mr. Bendall, a City carman. On the evening of 2nd Dec. I was near the Tenter-ground; I saw a van leaving the archway—it had baskets in it—a man was driving it who had his back toward me—I saw the house, No. 2, and some baskets were lying on the pavement, and some in the room—Mitchell and Bunce were near them—they asked me to hold the handles of the barrow while Bunce put them on—Mitchell then told Bunce to take them away—I went with Mitchell and had something to drink—I have seen Mitchell and Parker together very often—I used to work for Parker, and used to go down to Billingsgate.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. JOYCE</hi>.
<hi rend="italic">Q.</hi> Did Mitchell see Bunce take them away?
<hi rend="italic">A.</hi> Yes; Bunce must have seen me—I saw the van; it was just going away—it had baskets in it—I do not know whose it was—it was between half past 4 and half past 5 o'clock.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. LILLEY</hi>.
<hi rend="italic">Q.</hi> Do you know Mitchell to deal in baskets?
<hi rend="italic">A.</hi> Yes; I know this was on Friday night—the next day I heard they were taken up, and that was on Saturday.</p>
<p>
<hi rend="smallCaps">MR. SLEIGH</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">MARK BUNCE</hi>.
<hi rend="italic">Q.</hi> You are in the habit of taking baskets from vans to Parker's?
<hi rend="italic">A.</hi> On two occasions I have taken baskets of this description; I have taken what they call sole bushel baskets to Parker's—I know that he has dealt in that kind of baskets for many years.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-104" type="witnessName">
<interp inst="t18540102-name-104" type="gender" value="male"/>
<interp inst="t18540102-name-104" type="surname" value="M'NAMARA"/>
<interp inst="t18540102-name-104" type="given" value="ARTHUR"/>ARTHUR M'NAMARA</persName> </hi>. I am the son of Arthur M'Namara, the prosecutor. He contracts largely with the mails, and other persons—he contracts to deliver fish at Billingsgate from the Eastern Counties Railway, and when the fish are delivered, it is our duty to take the empty baskets to the Eastern Counties Railway in bundles—on the night in question Bounce was in my father's service; he was driving a van that afternoon from Billings-gate—I went that evening to a yard in Bluegate-fields; I saw a cow-keeper, who belongs to the yard—I saw several bundles of baskets in the loft, besides some loose; I cannot speak with certainty as to how many—I suppose 300 or 400, some were marked—all those I recognised as the pro
<lb/>perty of the persons for whom we deliver fish—I made out a list of those that were marked three or four days after we took them from the loft—there were eight baskets marked with blue and red stripes; they belong to Mr. Old—no other person delivers the fish from Yarmouth from the Eastern Counties Railway to Billingsgate—there were twelve bundles marked "T. W." for Mrs. Wright; and there were a good many others that were marked—it was our duty to send these baskets back to Yarmouth—about half of those which were in the loft were dry baskets, which had contained dry goods—the wet baskets were smaller—Gavin went from there to Parker's house, and Parker came back with Gavin—he was asked several questions about these baskets, whether he had them from
<hi rend="italic">Solly</hi> Mitchell's—he said, "Yes"—he said he had not bought any that day, but he expected him to send him some—I asked him who he sold baskets to—he said, "To a butcher, at Barking"—I asked him how much for—he said, "2
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>. a dozen"—I said, "You must be aware that they cost 12
<hi rend="italic">s</hi>. a down"—his wife came up stairs afterwards—he was very much excited; but I under
<lb/>stood</p>
<xptr type="pageFacsimile" doc="185401020033"/>
<p>him to say, "My dear, this is all that b——Mitchell's doing;" or words to that effect—the officer then took him away—before that I had pointed to the baskets in the loft—all the baskets that were in the entrance to the loft were belonging to our customers, and were tied in bundles pre
<lb/>cisely in the way that we are in the habit of sending them—I saw three bundles marked "S. S.," and one marked "I. O."—some with a figure of "5," and a short bundle marked "A. R"—I saw she whole of them at Leman-street station—I was not there when Webster was taken to see them—we hired a van, and took them to the station on Friday night.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. JOYCE</hi>.
<hi rend="italic">Q.</hi> How many days had Rounce been in your father's employment?
<hi rend="italic">A.</hi> I suppose about a fortnight—he was at work for a regular carman, who was ill—he would be at Billingsgate every day—these letters and numbers indicate my father's customers—some of them had been customers for many years—all had been so beyond the fort
<lb/>night.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. LILLEY</hi>.
<hi rend="italic">Q.</hi> You said these baskets are worth a shilling apiece, is that when they are new?
<hi rend="italic">A.</hi> Yes, when they are bought, but not those that have been used.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> You were with Gavin when he went to the loft, and some baskets were standing at the entrance of the loft, did you hear Parker say, "I know nothing about them?"
<hi rend="italic">A.</hi> I did not, I was in the yard—when I went in the loft I saw a great number of baskets—sole bushel baskets, which are not worth more than 2
<hi rend="italic">d</hi>. or 3
<hi rend="italic">d</hi>. apiece—the con
<lb/>versation I had with Parker was outside the loft—I had been in the loft with Gavin previously—the conversation I had with Parker was after I had been in the loft—I came down, and was on the ground in the yard—I never heard him say, "I don't know how these baskets came here; it must have been in my absence"—he and Gavin were together at a time when I could not have heard what passed between them—it was previous to their going up stairs that I had the conversation with Parker as to buying them at 2 1/2
<hi rend="italic">d</hi>.</p>
<p>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> At the time this conversation took place, were any baskets in sight?
<hi rend="italic">A.</hi> Yes, some; but not these bundles.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-105" type="witnessName">
<interp inst="t18540102-name-105" type="gender" value="male"/>
<interp inst="t18540102-name-105" type="surname" value="MILLS"/>
<interp inst="t18540102-name-105" type="given" value="GEORGE JONATHAN"/>GEORGE JONATHAN MILLS</persName> </hi>. I am one of the firm of Rowe and Mills, of Bil
<lb/>lingsgate. I dare say at Yarmouth these baskets would be worth 12
<hi rend="italic">s</hi>. a dozen—in some places they would be worth 14
<hi rend="italic">s</hi>.; in some places not above 10
<hi rend="italic">s</hi>.; in some places as high as 18
<hi rend="italic">s</hi>.; and in some places we could not get them at all—these baskets are not sold—they come from Yarmouth and Lowestoft—so many are marked with a diamond, so many with a star—the only thing we have to go by is the mark—that circumstance is perfectly well known, that these baskets are not sold, and to be the subject of traffic.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. JOYCE</hi>.
<hi rend="italic">Q.</hi> You receive the fish in these baskets, and return them?
<hi rend="italic">A.</hi> Yes, when we can get them; but we lose some, and lose our customers—we have never had any from Yarmouth all this season—it costs us 100
<hi rend="italic">l</hi>. a year for baskets—we do not take the fish out; a person comes and says, "What do you take a hundred for those in this basket?" and he takes them, with a condition to return the baskets back—we have many customers who do not return the baskets, and we give the fishmonger's boys 1
<hi rend="italic">d</hi>. apiece to bring the baskets back—there are many persons who come about the vans and give 2
<hi rend="italic">d</hi>. apiece for them, which is the reason we cannot get them back—if a person who is not a customer were to come, we should make him leave 6
<hi rend="italic">d</hi>. on the basket.</p>
<p>
<hi rend="smallCaps">MR. SLEIGH</hi>
<hi rend="italic">called</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-106" type="witnessName">
<interp inst="t18540102-name-106" type="gender" value="male"/>
<interp inst="t18540102-name-106" type="surname" value="FITZGERALD"/>
<interp inst="t18540102-name-106" type="given" value="THOMAS"/>THOMAS FITZGERALD</persName> </hi>. I am called in the neighbourhood
<hi rend="italic">South-western</hi>—I</p>
<xptr type="pageFacsimile" doc="185401020034"/>
<p>have been in the employ of Parker, in Bluegate-fields—on the day before he was taken, he was not at the shed in Bluegate-fields—I remember on that day Rounce came to Parker's shed or loft with some baskets—these were the baskets I saw on the barrow (
<hi rend="italic">looking at them</hi>)—I was up in the loft, at work—I made an objection to his leaving them—I went away from the loft while Rounce was there with the barrow and baskets—I went to see whether Parker was at home; he was not—I went back to the loft—Rounce was gone, and the baskets were up in the loft, and I found Mitchell coming down out of the loft—Parker has not been in the habit of dealing in these sort of baskets long, but in what they call sole bushel baskets.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> Was anybody with you on this occasion?
<hi rend="italic">A.</hi> No—I know Charlie—he was gone to get his tea—I only saw Rounce this evening once, to my knowledge—I have been twelve months with Mr. Parker—there were no dry baskets in the loft till they were brought by Bounce—I have frequently received baskets when my master was not there, and told him of them when he came back, sometimes not for two or three nights afterwards—he sells them every day—I sell for him—he sends them down to Barking to sell—whatever we get is sent down—I keep an account of the baskets that are brought—I do not keep a book; it is on a board, in chalk—that remains till Saturday night, and it is taken round to his house, and rubbed out—it was about 5 o'clock when I found
<hi rend="italic">Solly</hi> Mitchell coming out of the loft—I never was charged with anything in my life—I am nineteen years old—I saw
<hi rend="italic">Charlie</hi> there that evening—he went to have his tea.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-107" type="witnessName">
<interp inst="t18540102-name-107" type="gender" value="male"/>
<interp inst="t18540102-name-107" type="surname" value="BEAUMONT"/>
<interp inst="t18540102-name-107" type="given" value="EDWARD"/>EDWARD BEAUMONT</persName> </hi>. I am the proprietor of this building. The upper part is occupied by Parker—it is my mother-in-law's—I manage it—Parker has had the shed two years—I have known him fifteen years—I live on the premises—Parker had not been there for three or four days, for I had to complain to him of the dirty manner in which his man kept the premises.</p>
<p>
<hi rend="largeCaps">BOUNCE</hi>
<rs id="t18540102-182-verdict-1" type="verdictDescription">
<interp inst="t18540102-182-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540102-182-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of stealing.</hi> </rs> Aged 22.—
<hi rend="italic">
<rs id="t18540102-182-punishment-23" type="punishmentDescription">
<interp inst="t18540102-182-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t18540102-182-punishment-23" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-182-18540102 t18540102-182-punishment-23"/>Confined Six Months</rs>.</hi> </p>
<p>
<hi rend="largeCaps">HYAM</hi>
<rs id="t18540102-182-verdict-2" type="verdictDescription">
<interp inst="t18540102-182-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18540102-182-verdict-2" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of stealing.**</hi> </rs> Aged 30.—
<hi rend="italic">
<rs id="t18540102-182-punishment-24" type="punishmentDescription">
<interp inst="t18540102-182-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t18540102-182-punishment-24" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-182-18540102 t18540102-182-punishment-24"/>Confined Eighteen Months</rs>.</hi> </p>
<p>
<hi rend="largeCaps">PABKER</hi>
<rs id="t18540102-182-verdict-3" type="verdictDescription">
<interp inst="t18540102-182-verdict-3" type="verdictCategory" value="guilty"/>
<interp inst="t18540102-182-verdict-3" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of receiving.—Recommended to mercy by the Jury.</hi> </rs>
<hi rend="italic">
<rs id="t18540102-182-punishment-25" type="punishmentDescription">
<interp inst="t18540102-182-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t18540102-182-punishment-25" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-182-18540102 t18540102-182-punishment-25"/>Confined Three Months</rs>. (Parker received a good character.</hi>)</p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, January</hi> 4
<hi rend="italic">th</hi>, 1854.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>—The
<hi rend="smallCaps">LORD MAYOR</hi>; Mr. Baron
<hi rend="smallCaps">PLATT</hi>; Mr.
<hi rend="smallCaps">JUSTICE CRESS
<lb/>WELL</hi>; Mr. Ald.
<hi rend="smallCaps">WILSON</hi>; Mr. Ald.
<hi rend="smallCaps">FINNIS</hi>; and Mr. Ald.
<hi rend="smallCaps">CUBITT</hi>.</p>
<p>
<hi rend="italic">Before Mr. Baron Platt and the Third Jury.</hi> </p>
<div1 type="trialAccount" id="t18540102-183">
<interp inst="t18540102-183" type="uri" value="sessionsPapers/18540102"/>
<interp inst="t18540102-183" type="date" value="18540102"/>
<join result="criminalCharge" id="t18540102-183-charge-1" targOrder="Y" targets="def1-183-18540102 t18540102-183-offence-1 t18540102-183-verdict-1"/>
<p>183.
<persName id="def1-183-18540102" type="defendantName">
<interp inst="def1-183-18540102" type="gender" value="male"/>
<interp inst="def1-183-18540102" type="surname" value="SHARMAN"/>
<interp inst="def1-183-18540102" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN SHARMAN</hi> </persName> was indicted
<rs id="t18540102-183-offence-1" type="offenceDescription">
<interp inst="t18540102-183-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18540102-183-offence-1" type="offenceSubcategory" value="forgery"/>for unlawfully, falsely, knowingly, and deceitfully counterfeiting and uttering a certain writing; with intent to injure, prejudice, and deceive.</rs> </p>
<p>
<hi rend="smallCaps">MR. CLARKSON</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-109" type="witnessName">
<interp inst="t18540102-name-109" type="gender" value="male"/>
<interp inst="t18540102-name-109" type="surname" value="BAXTER,"/>
<interp inst="t18540102-name-109" type="given" value="ROBERT"/>ROBERT BAXTER, ESQ</persName> </hi>. I am the head of the firm of Baxter, Rose, and Norton, solicitors and Parliamentary agents, of Park-street, Westminster. I knew nothing of the prisoner until Friday, 2nd Dec.—at that time there was a vacancy for a master in a school at Finningley, in Yorkshire—I had received certificates or recommendations from the prisoner, through the intervention of Mr. Woodhouse, the rector of the parish—there were about</p>
<xptr type="pageFacsimile" doc="185401020035"/>
<p>ten or a dozen certificates of character, which the prisoner had transmitted to Mr. Woodhouse—on Friday, 2nd Dec, the prisoner called at my place of business—I said to him, "I have received these documents" (holding the certificates in my hand) "from Mr. Woodhouse, the rector of Finingley, and he states that you have sent them to him, and are applying for the situation, of schoolmaster there"—he replied, "I sent these to Mr. Woodhouse"—at that time I had them before me, and produced them to him—among them was one purporting to have come from the Rev. Mr. Johnston, the rector of Lutterworth, dated in Nov., 1853—I told the prisoner that Mr. Woodhouse had requested me to see and examine, and judge of his qualifications, and if I thought him qualified, to engage him.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> What did you say about that certificate; you say you showed him that among others?
<hi rend="italic">A.</hi> I asked him if he had the original; I showed him that one.</p>
<p>
<hi rend="smallCaps">MR. CLARKSON</hi>.
<hi rend="italic">Q.</hi> Did it purport to be a copy?
<hi rend="italic">A.</hi> They were all copies.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Then when you say "certificates," you mean copies of certifi
<lb/>cates?
<hi rend="italic">A.</hi> Yes, copies of certificates.</p>
<p>
<hi rend="smallCaps">MR. CLARKSON</hi>.
<hi rend="italic">Q.</hi> When you produced that to him, you asked him if he had the original?
<hi rend="italic">A.</hi> Yes; (I had not, at that time, received any letter addressed to Mr. Woodhouse from Mr. Johnston)—the prisoner replied that he would bring the originals at any time—I then examined him as to his knowledge of the subjects which would be required in a schoolmaster; and having done so, I told him I would rather see my friend Mr. Woodhouse, in the country, where I was going the next day, and judge of his expectations, and appoint another day upon which the prisoner could bring the originals—I saw the prisoner again on 7th Dec.—between the 2nd and 7th I had seen Mr. Woodhouse, and received a letter that had been addressed to him by Mr. Johnston—when the prisoner came on the 7th, I asked him if he had the originals with him—he produced various originals, and, among the rest, one which he said was signed by Mr. Johnston, the rector of Lutter-worth—this is it—(
<hi rend="italic">read:</hi> "Gentlemen,—Mr. and Mrs. Sharman have been known to me for some years; and for some time they had the charge of a large school, under my control and superintendence, which they conducted with great ability and success. Indeed, the committee, parents, and children, were sorry when they resigned; and some of the latter presented them with small tokens of their esteem. I have therefore very great plea
<lb/>sure in bearing my testimony to their excellent moral character, and their suitability for the office of instructors to the rising generation, and can with confidence recommend them for the situation they seek, knowing them to be peculiarly adapted for the right management of children. (Signed)
<hi rend="smallCaps">W. H. JOHNSTON"</hi>
<hi rend="italic">dated</hi> 12
<hi rend="italic">th Nov.</hi>, 1853).</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> How did the prisoner describe the gentleman by whom this was said to have been signed?
<hi rend="italic">A.</hi> I asked him as to that particularly—I said, "Is this the signature of Mr. Johnston, the rector of Lutterworth?"—he said, "It is;" and that there might be no mistake, I said, after a little interval, "Are you sure this is the signature of Mr. Johnston, the rector of Lutterworth?" and he again said it was.</p>
<p>
<hi rend="smallCaps">MR. CLARKSON</hi>.
<hi rend="italic">Q.</hi> Had you at that time before you the letter from Mr. Johnston to Mr. Woodhouse?
<hi rend="italic">A.</hi> I had; and I said, "This is very extra
<lb/>ordinary, for I have a letter, which I will read to you, from Mr. Johnston;" and I then read to him this letter (
<hi rend="italic">reading it</hi>)—"Claybrook, Lutterworth, Dec. 1, '53," addressed to Rev. G. H. Woodhouse. "Rev. Sir,—In answer to your letter, received this morning, I have to state that the testimonial</p>
<xptr type="pageFacsimile" doc="185401020036"/>
<p>you have received from Mr. Sharman, bearing my name, must be a forgery for I have given nothing of the kind, nor has Mr. Sharman ever been a master at any school in Lutterworth. Some ten or fifteen years back, or more, there was a Mr. Sharman, master to the infant school at Hinckley, and an excellent master he was; but his moral character proved to be such, that he was obliged to leave. If you can lay hold of the Mr. Sharman who has signed the testimonial, I think he ought to be punished. I suspect he is the man that was master of the infant school at Hinckley. I am, Sir, yours faithfully, R. H. Johnston."—when I had read the letter to him to the end, I observed that the initials to the letter did not corre
<lb/>spond with the initials to the certificate—I observed that to him, and said, "How can you pretend this to be the signature of Mr. Johnston, when it has not his proper initials?"—the prisoner was confused; and I then said, "Do you still pretend to tell me that this certificate is his signature?"—he said, "No; but I am sure I have got the original among my papers, and I can find it."</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> But I thought this was the original?
<hi rend="italic">A.</hi> He so stated it, in the first instance, twice over.</p>
<p>
<hi rend="smallCaps">MR. CLARKSON</hi>.
<hi rend="italic">Q.</hi> What further passed?
<hi rend="italic">A.</hi> The prisoner then pro
<lb/>duced a large book, which I have here, full of various letters, and asked me to look at those—I told him I wanted Mr. Johnston's original, if he had such a thing; but after searching for some time, he said it was not in this book, but if I would let him go home, he would fetch it—I then sent for an officer, and had him taken into custody.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Then you did not let him go home?
<hi rend="italic">A.</hi> I did not; I sent for an officer, and gave him into custody.</p>
<p>
<hi rend="smallCaps">MR. CLARKSON</hi>.
<hi rend="italic">Q.</hi> Before he stated to you that it was not the original (having first stated that it was), had you called his attention to the difference in the handwriting between the genuine letter of Mr. Johnston and the writing of the certificate?
<hi rend="italic">A.</hi> I called his attention to the difference in the initials—there is a similarity in the handwriting, but I had not, until I had myself read through the letter to him, seen the difference in the initials—assuming the writing not to be genuine, it appeared to me to be an imitation of it.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Did I, on 2nd Dec, produce any copy of testimonial or testimonials from Mr. Johnston?
<hi rend="italic">A.</hi> No; the copy testimonial from Mr. Johnston was among those which were transmitted to me from Mr. Wood-house as received from you, and was among the testimonials which I exhibited to you, and asked for the originals—I asked if you could produce the originals—you said you could—I told you I could not look through those originals at that time, but you said you would produce them at some other period, any time I might fix—I did not mention Mr. Johnston's name at all to you on 2nd Dec.—on 7th Dec you produced to me the paper which I have handed in, which you stated to be the original, and I had in my hand the copy testimonial which Mr. Woodhouse had transmitted to me.</p>
<p>
<hi rend="italic">Q.</hi> Upon your oath, did I present to you any single certificate, or any collective number of certificates?
<hi rend="italic">A.</hi> You presented to me a great many certificates, and that among others—when you entered the room I was opening my letters from the post, and I referred you to my secretary, Mr. Drake, asking you to exhibit all the originals of all the copies which you had transmitted, and begging him to call them over one by one, to see that you had procured all the originals—I asked him to put down the copies, one by one, on a sheet of paper, and then to mark off, one by one, those copies of which you produced the originals—Mr. Johnston's was not
<hi rend="italic">ticked</hi>—it was</p>
<xptr type="pageFacsimile" doc="185401020037"/>
<p>not one of those which you produced to Mr. Drake, but I myself asked you for Mr. Johnston's—I will swear, according to my remembrance, that you did not produce that to Mr. Drake; I had to ask you for it, I remember that distinctly.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did Mr. Drake take them, and put them down in your presence?
<hi rend="italic">A.</hi> He did; it was all done in my presence.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> You have stated upon your oath that I presented this to you; I ask you again whether the documents were not collectively presented to you by your secretary?
<hi rend="italic">A.</hi> All the documents that you produced to him were presented to me collectively; but when I came to look at the list of the originals produced, I found Mr. Johnston's original was not among that list, and I asked you myself for Mr. Johnston's certificate.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Then it was not produced at first?
<hi rend="italic">A.</hi> It was not produced at first.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Did I state that that was Mr. Johnston's original?
<hi rend="italic">A.</hi> Yes, twice over.</p>
<p>
<hi rend="italic">Prisoner.</hi> Pardon me, you are wrong there, I made no answer.
<hi rend="italic">Witness.</hi> I asked you the question when you presented me the paper, "Is that the signature of Mr. Johnston, the rector of Lutterworth?"—you said, "Yes, it is; and after a little interval I put the same question again to you, and you gave me the same answer, that it was his signature—I swear that.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> You did not ask me as to the signature at all; will you swear that I afterwards said it was not?
<hi rend="italic">A.</hi> Yes; when I had observed and pointed out to you the difference of the initials to the name, I said, "Do you still mean to say this is Mr. Johnston's signature when the initials do not even correspond?"—you then said, "No, but I am sure I have got the original, and I can produce it to you"—I do not remember your saying that you had received an excellent character from the committee of that school of which Mr. Johnston was a member.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Did I not, when I produced that book, refer you to certain certificates, to prove that I had held a school under Mr. Johnson?
<hi rend="italic">A.</hi> You did produce two papers, I think, which you begged me to read, to prove that you had been at a school under Mr. Johnston—I read them. over, and told you it did not appear to me that those documents proved any such thing—I do not remember your referring me to a printed document as the last report of that school, of which Mr. Johnston was a constant visitor—perhaps you can point it out to me—(
<hi rend="italic">the book was handed to the prisoner, who pointed out two papers to the witness</hi>)—I do not remember ever having seen these two printed documents before.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Did you not, when I showed them to you, make the observation that they had nothing to do with this present certificate of Mr. Johnston?
<hi rend="italic">A.</hi> I could not have made it upon these documents to the best of my remembrance, for I do not remember to have read them before the present moment—you did show me some papers, but they were manuscript papers, and I said as to those, "These have nothing whatever to do with Mr. Johnston's certificate"—I believe you did not show me these—I have no remembrance of them—(
<hi rend="italic">looking at another paper pointed out by the prisoner</hi>); I think this paper was shown to me—it is signed by Mr. Hayes, as secretary of the school, and is dated Nov. 11, 1831: "Minute of the committee of the Hinckley school. The committee have great pleasure in giving their certificate of good character to Mr. and Mrs. Sharman, and the ability with which they have conducted the infant school for the last four years."</p>
<xptr type="pageFacsimile" doc="185401020038"/>
<p>
<hi rend="smallCaps">MR. CLARKSON</hi>.
<hi rend="italic">Q.</hi> Is that in print, or writing?
<hi rend="italic">A.</hi> In writing; it is a copy, not an original.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Did I not show you an original letter of the Rev. Thomas Smith, in which he states that he had received an excellent character of me from one of the members of the committee of that school?
<hi rend="italic">A.</hi> (
<hi rend="italic">Looking at a paper pointed out by the prisoner</hi>) yes; this paper was shown to me—it is dated Sheffield, and purports to be signed by Thomas Smith; and upon this, knowing most of the clergy of Sheffield, I asked you who Mr. Smith was.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> What answer was given to your question?
<hi rend="italic">A.</hi> I forget the purport of the answer, but it did not throw any light upon my personal knowledge of the parties in Sheffield—I then saw an original in his book, the signature to which I think I knew to be an original, from a gentleman of the name of Hoole, in Sheffield—he is a solicitor.</p>
<p>
<hi rend="italic">Prisoner.</hi> Mr. Hoole was treasurer of a school with which I was con
<lb/>nected nearly six years.</p>
<p>
<hi rend="italic">Q.</hi> Did I say one word to you about wishing to return home in refe
<lb/>rence to the certificate of Mr. Johnston?
<hi rend="italic">A.</hi> Yes; after searching for some time, and not being able to find anything in this book, you said if you returned home you could find the original, and would bring it.</p>
<p>
<hi rend="italic">Q.</hi> Did not I say, in answer to your question about Mr. Johnston's, that I had it not; that I had received other letters from Mr. Johnston, which I had, and that I thought I had one in my book?
<hi rend="italic">A.</hi> You distinctly said you had it not, and you also added that you had other letters from Mr. Johnston—you looked in your book for the letter, but at last you desired to go home to fetch it, and I then told you I should be obliged to give you into custody—I state that on my oath.</p>
<p>
<hi rend="smallCaps">MR. CLARKSON</hi>.
<hi rend="italic">Q.</hi> You have stated that he produced to you two written documents; and that upon the production of those written docu
<lb/>ments, and reading them, you said you did not consider they had any reference to the signature of Mr. Johnston?
<hi rend="italic">A.</hi> Yes; I believe those were the two written documents to which he has now referred me in this book—he said he had Mr. Johnston's original, and would fetch it; and he also added that he had a letter, or letters, of Mr. Johnston's besides that original!—I am not quite sure whether he made use of the word "besides," but is was perfectly intelligible that he had a letter, or letters, of Mr. Johnston's besides the original.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did he tell you from whom he had received that; paper which he told you was signed by Mr. Johnston?
<hi rend="italic">A.</hi> He told me he had it from Mr. Johnston; I am quite certain he did not say he had it from a Mr. Sutton—I believe Mr. Sutton's name was not mentioned at that interview—I knew Mr. Sutton very well—he was vicar of Sheffield—he is now dead; he has been dead five or six yean—I believe his name was not at all men
<lb/>tioned at that interview—I certainly should have remembered it if it had been mentioned, because I knew Mr. Sutton so intimately—his name was not mentioned—there were other clergy of Sheffield mentioned a Mr. Lipsey, for instance, but the prisoner decidedly did not say to me that he had received this certificate of Mr. Johnston's from Mr. Sutton.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Did I not distinctly state to you that I received a most excellent testimonial, of which that was a copy, from the Rev. Thomas Sutton?
<hi rend="italic">A.</hi> Certainly not, nor that Mr. Sutton had written to Mr. John
<lb/>ston for it, not according to the best of my memory.</p>
<p>
<hi rend="italic">Q.</hi> Did you not, in answer to my question, say, "I knew Mr. Sutton very well, but he is dead," and I then referred you to Mr. Lipsey, of St. Philip's</p>
<xptr type="pageFacsimile" doc="185401020039"/>
<p>Sheffield; also to Mr. Harris, the assistant minister of the Old Church, at Sheffield, and to the Rev. Mr. Langston; and did not you say, in the pre
<lb/>sence of my wife, that you knew most of the clergy at Sheffield, but Mr. Sutton was dead?
<hi rend="italic">A.</hi> No; to the best of my remembrance Mr. Button's Dame did not pass between us—Mr. Lipsey's name was mentioned, because it appeared on the foot of one of the documents—I do not remember seeing any document from Mr. Harris or from Mr. Langston—I will swear you said you received this from Mr. Johnston.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-110" type="witnessName">
<interp inst="t18540102-name-110" type="gender" value="male"/>
<interp inst="t18540102-name-110" type="surname" value="JOHNSTON"/>
<interp inst="t18540102-name-110" type="given" value="HENRY"/>REV. HENRY JOHNSTON</persName> </hi>. I am rector of Lutterworth, in Yorkshire, and have been so about thirty-four years. The signature to this letter is mine, the signature to the certificate is not—I was not at all aware of its existence until I received a communication from Mr. Woodhouse—I wrote the letter to Mr. Woodhouse which has been read by Mr. Baxter—I cannot say how long it is since I had anything to do with the prisoner, but I believe above twenty years—in the month of Nov. last year, or within any recent period, I should not have given aim such a certificate, because I had no knowledge of him latterly; he had been a very good master at Hinckley—I was only upon the committee, the school was not under my control—I did not authorise anybody to write any such letter.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Did not I receive a most excellent character when I became master of the Hinckley school?
<hi rend="italic">A.</hi> Certainly; you conducted the school to the satisfaction of myself and Mr. Dicey, who was a constant visitor—I do not know whether you resigned the school of your own accord—I cannot say what was the cause of your leaving—I cannot say that Mr. Dicey and myself came over to Hinckley to request you to continue in the school after you had resigned; it is above twenty years ago, and I really could not say one way or the other—I certainly say you were a very good master when you were at Hinckley, but after that I can say nothing.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> How long was he master at Hinckley?
<hi rend="italic">A.</hi> I believe about four years—he conducted it satisfactorily during all that time.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Did I not receive a most excellent character from the com
<lb/>mittee of Hinckley on my removal to Sheffield?
<hi rend="italic">A.</hi> I believe you did—you have not received letters from me since that period, that I know of—I cannot recollect writing to you when you were in the Isle of Wight, but I cannot say that I did not.</p>
<p>
<hi rend="italic">Prisoner.</hi> I think it was a letter dated 1850; it is not among these papers; it was produced and read before the Magistrate at the first hearing, and I particularly requested the officer to be careful of it; in that letter Mr. John
<lb/>ston states that he still remembered the excellent manner in which I had conducted the school.
<hi rend="italic">Witness.</hi> I remember that he did conduct the school very well.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> During the four years he conducted the school well, and when he left you heard nothing against him?
<hi rend="italic">A.</hi> No, I do not say so much as that.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> This letter was in consequence of there being a vacancy for a school at Lutterworth, and in the letter you state that you well recollect my excellent management of the Hinckley school, but in consequence of there being 168 applications for it, you advised me not to apply?
<hi rend="italic">A.</hi> You call it to my recollection—I did hear of that, and I wrote a letter of that kind, telling you it was no good your applying for the school at Lutterworth—I have stated that I had nothing to do with you for twenty years, but I did not recollect that communication—you have brought it to my mind—I had no knowledge of where you were at all, or what you were doing—</p>
<xptr type="pageFacsimile" doc="185401020040"/>
<p>I cannot say that I sent you a letter by a Mr. Firth, about two years after you had gone to Sheffield, to know whether you were comfortable.</p>
<p>
<hi rend="italic">Q.</hi> You have hinted in your letter to Mr. Woodhouse that there was something in my moral character that made me leave. Do you know Mr. Dicey's handwriting?
<hi rend="italic">A.</hi> Very well (
<hi rend="italic">looking at a letter produced by the prisoner</hi>); this is his writing; it is dated 6th April, '42, and begins, "Dear Mr. Sharman,"</p>
<p>
<hi rend="italic">Q.</hi> Mr. Dicey being a Magistrate, and a principal supporter of the Hinckley school, do you suppose, if there had been anything prejudicial to my character, he would have addressed me in '42 as "Dear Mr. Sharman?"
<hi rend="italic">A.</hi> No; I should say he would not—Mr. Dicey was certainly in a position to know whether there was anything prejudicial to your character or not, quite as much so as myself—you have been out of my sight for these twenty years, and I did not know at all what was passing with respect to you—I know Mr. Firth, of Ullasthorpe—I do not recollect sending a letter to you by him, I might have done so—I cannot say that I did or did not send such a letter a year and a half after you left Hinckley, wishing to know whether you were comfortable, and if not, the committee were anxious again to receive you—I do not know where the letter that I did write to you was directed, but I remember stating that it was no use your applying for the Lutterworth school, as there were so many other applicants—this is the letter (
<hi rend="italic">looking at one produced by the prisoner</hi>)—I state here that I well recollect your good management—it is dated 1849.</p>
<p>
<hi rend="italic">Q.</hi> If so short a time since as 1849 you did not recollect having com
<lb/>municated with me, is it not possible that you may have altogether forgotten having written a testimonial for me to the Rev: Thomas Sutton, some six-teen or eighteen years ago?
<hi rend="italic">A.</hi> Oh, yes! it is quite possible—I would not swear that I did not give Mr. Sutton a testimonial.</p>
<p>
<hi rend="italic">Q.</hi> You will not swear that this is not an exact copy of a testimonial that was given by you to Mr. Sutton?
<hi rend="italic">A.</hi> This signature is not mine, and the date is certainly of last year, Nov., 1853—I certainly have not the least recollection of giving Mr. Sutton a testimonial with the exact words there used; I believe I did not—I do 'not know when the testimonial to Mr. Sutton was given—at the time you left Hinckley I would have given you such a testimonial as this; but I would not have done it latterly—I have never, directly or indirectly, stated in any communication I have made to you, that I would not have done so; I have never, that I know of, ever hinted to you that there was anything incorrect in your conduct—you had no reason to anticipate from anything that you heard from me that I should change my mind with reference either to your character or ability—you never heard anything from me to that effect.</p>
<p>
<hi rend="italic">Q.</hi> How can you charge me with a forgery, if you do not know whether you gave me a certificate or not?
<hi rend="italic">A.</hi> Because I know that in Nov. 1853, I gave no such certificate—I know this is not my handwriting, and there
<lb/>fore I know that this is a forgery—I really think I did not give Mr. Sutton this; this is a forgery, because it is not my signature; therefore it is what I consider a forgery—it is not a copy of that given to Mr. Sutton, because the date is different; the date makes all the difference; I might give a very good certificate at one time, but many years afterwards a copy of that becomes a forgery—this does not profess to be a copy, but it professes to be my own, whereas it is not.</p>
<p>
<hi rend="smallCaps">MR. CLARKSON</hi>.
<hi rend="italic">Q.</hi> You say you did not recollect, until he called it to your memory, the transaction with respect to a correspondence about</p>
<xptr type="pageFacsimile" doc="185401020041"/>
<p>another school which took place in the year 1849; I believe you are now more than seventy years of age?
<hi rend="italic">A.</hi> Yes; I do not recollect that from the time he left Hinckley up to the time when my attention was called to this certificate, he ever applied to me for a good character for any purpose—in modern times I certainly should not have given him such a certificate as this.</p>
<p>(
<hi rend="italic">The letter produced by the prisoner was read, as follows:</hi>—"To Mr. J. Sharman. Sir,—I well recollect your excellent management of the Infant School at Hinckley: yet as we have already 168 applications for the school at Lutterworth, and some of them very strongly supported, as your friend, I do not recommend your offering yourself: yet if you send an application, with copies of testimonials, it will be considered by the trustees. I am, yours truly, W. (or R) H. Johnston. Claybrook, Aug. 23,1849.")</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-111" type="witnessName">
<interp inst="t18540102-name-111" type="gender" value="male"/>
<interp inst="t18540102-name-111" type="surname" value="LOOM"/>
<interp inst="t18540102-name-111" type="given" value="MARK"/>MARK LOOM</persName> </hi> (
<hi rend="italic">police sergeant, B</hi> 11). I was sent for to Mr. Baxter's office, and received the prisoner in custody—I told him he was charged with attempting to obtain a situation by forging a gentleman's signature—he said he had the original—that was all that passed.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> What did you say the charge was?
<hi rend="italic">A.</hi> Attempting to obtain a situation by forging a gentleman's signature—those were the words I used to you—I took you to the station after I told you the charge—I said nothing else—I did not say, "You may please yourself whether you say anything or not"—I cannot say whether Mr. Baxter was outside the door or inside—I came into the room with Mr. Baxter—Mr. Baxter was closer to you than I was—I do not remember saying, "You can please yourself whether you say anything or not"—I was present when Mr. Baxter gave the charge at the station.</p>
<p>
<hi rend="italic">Q.</hi> What did Mr. Baxter charge me with?
<hi rend="italic">A.</hi> Well, there were so many things talked over between Mr. Baxter and the inspector before the charge was taken, I do not know what they were—you stood against the inspector's box at the time the charge was given, when it was entered in the charge sheet.</p>
<p>
<hi rend="italic">Q.</hi> On your oath, did not Mr. Baxter give me in charge for a certain thing, and did not the inspector say across the desk, "You cannot sustain that charge?
<hi rend="italic">A.</hi> It was not put on the sheet for some time—I think the inspector went in to see the Magistrate or the clerk—that expression might have been made use of by the inspector—I think Mr. Baxter went in to the Magistrate, and spoke to him—you were present when the charge was entered on the sheet, and so was I—the inspector was not—I do not know that the Magistrate asked you in the police office if you knew the charge—I did not hear him: he might—I cannot say whether the charge was read to you from the charge sheet; that was the inspector's business, not mine—I do not remember whether it was or not—the words you made use of to me were, "I have the original."</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You say you told him the charge on which you took him?
<hi rend="italic">A.</hi> Yes; the words I said were, "You are charged with attempting to obtain a situation by forging a gentleman's signature"—that was before I came out of Mr. Baxter's office.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-112" type="witnessName">
<interp inst="t18540102-name-112" type="gender" value="male"/>
<interp inst="t18540102-name-112" type="surname" value="DRAKE"/>
<interp inst="t18540102-name-112" type="given" value="FREDERICK"/>FREDERICK DRAKE</persName> </hi>. I act as secretary to Mr. Baxter. On 7th Dec., some copies of certificates were handed to me by Mr. Baxter, to examine, and make a list of them, and to tick them as I found the originals—to the best of my belief there was not one from Mr. Johnston among those I looked over.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> What makes you say to the best of your belief; have you</p>
<xptr type="pageFacsimile" doc="185401020042"/>
<p>any recollection about it?
<hi rend="italic">A.</hi> I recollect Mr. Baxter holding up one of Mr. Johnston's in his hand shortly after I had looked over the papers, which I had not seen—I had not
<hi rend="italic">ticked</hi> one from Mr. Johnston.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Did not I give you the whole of the originals that were produced in the room on 7th Dec.?
<hi rend="italic">A.</hi> You gave me a large bundle, I believe all that you brought with you—there was not one of Mr. Johnston's among those you gave me—you told me they were all; you produced what I supposed was all—I do not know whether you gave any more to Mr. Baxter; I was engaged in looking them over, and I did not see what you might give him—I was standing by Mr. Baxter's side when you were called up to the desk—I had the testimonials in my hand—Mr. Baxter called them over from the manuscript I had made—I do not know that I handed them to him separately as he called them over—I do not know whether you handed any to him—I was examining the papers; my attention was not entirely directed to you—I do not know how it was that Mr. Baxter got hold of this paper; it was not from my list—I think you gave it to Mr. Baxter, but I do not know, because I was engaged in looking over the papers—I did not see you give it to Mr. Baxter—I was present very nearly the whole time.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you hear Mr. Baxter put any question to him about that particular certificate?
<hi rend="italic">A.</hi> I heard Mr. Baxter say to him, "Now having this letter from Mr. Johnston, do you still pretend to say this is the original? do you still pretend to say that this letter which you have produced to me is Mr. Johnston's testimonial?"—I did not hear the answer to that—I never heard anything said by the prisoner himself as to what that paper was—I heard him say that he could produce the original.</p>
<p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">MR. JOHNSTON</hi>.
<hi rend="italic">Q.</hi> Did you know Mr. Sutton?
<hi rend="italic">A.</hi> No; Lutterworth is in Leicestershire—I once met Mr. Sutton at dinner, but that was all I knew of him—I know there was such a person—he lived at Sheffield—I can hardly say whether I ever wrote a letter to him—I have no recollection of ever corresponding with him; but a great many letters of business pass, I cannot recollect who with—I cannot recollect all the letters I have written in twenty years—Lutterworth is nine miles from Hinckley—Mr. Dicey, who is a friend of mine, had a good deal to do with establishing that school, and we went to visit it regularly—it was a favourite school.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I have nothing further to state in reference to the matter than that I did use a copy of a testimonial that Mr. Sutton received; and not wilfully knowing that it was a forged document, I used it as a copy, but not as the original testimonial; I did it under the impression that if I had written to Mr. Johnston, he would not have denied me, more especially as he had written me a letter by the hands of Mr. Firth, requesting me to return to the school, if I was not comfortable; and as late as 1849 he spoke of my excellent management of the Hinckley Infant School; I have never had, directly or indirectly, either from Mr. Dicey, who was intimately connected with Mr. Johnston, as founders of the Hinckley School, or from Mr. Johnston himself, the least intimation that my character had so altered as to prevent them from giving me the same testimonial that they would formerly have done; I have nothing further to say; that was the impression under which I used this copy of the testi
<lb/>monial which it is stated, though it is not true, that I said was the original.</p>
<p>(
<hi rend="italic">In opening the case</hi>,
<hi rend="smallCaps">MR. CLARKSON</hi>
<hi rend="italic">called the attention of the learned</hi> </p>
<xptr type="pageFacsimile" doc="185401020043"/>
<p>
<hi rend="italic">Judges to the peculiar nature of the indictment, and to the difficulty which might occur in point of law in establishing it; there had been no case precisely similar; the nearest to it was Regina v. Toshach; in that case, however, there was a charge of intent to defraud included; here the only intent alleged against the prisoner was to deceive and prejudice; the question would therefore be, whether the prisoner uttered the document in question with intent to prejudice anybody, and whether it was such a prejudice as the law would recognise.</hi>)</p>
<p>(
<hi rend="italic">In summing up</hi>,
<hi rend="smallCaps">MR. BARON PLATT</hi>
<hi rend="italic">intimated that the case would be reserved for the consideration of the Judges, and requested the Jury to say, first, whether if they were of opinion the prisoner either forged or uttered the document in question, with what intent he did so; whether it was with intent to gain the emoluments of the situation he was taking, and with intent to deceive; or with intent to prejudice anybody; and if so, whom.</hi>)</p>
<p>
<rs id="t18540102-183-verdict-1" type="verdictDescription">
<interp inst="t18540102-183-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540102-183-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of uttering, with intent to deceive, and to obtain, the emoluments of the situation</hi> </rs>.—
<hi rend="italic">
<rs id="t18540102-183-punishment-26" type="punishmentDescription">
<interp inst="t18540102-183-punishment-26" type="punishmentCategory" value="noPunish"/>
<interp inst="t18540102-183-punishment-26" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-183-18540102 t18540102-183-punishment-26"/>Judgment Reserved.</rs> </hi> </p>
<p>
<hi rend="italic">Before Mr. Justice Williams.</hi> </p> </div1>
<div1 type="trialAccount" id="t18540102-184">
<interp inst="t18540102-184" type="uri" value="sessionsPapers/18540102"/>
<interp inst="t18540102-184" type="date" value="18540102"/>
<join result="criminalCharge" id="t18540102-184-charge-1" targOrder="Y" targets="def1-184-18540102 t18540102-184-offence-1 t18540102-184-verdict-1"/>
<p>184.
<persName id="def1-184-18540102" type="defendantName">
<interp inst="def1-184-18540102" type="gender" value="male"/>
<interp inst="def1-184-18540102" type="age" value="55"/>
<interp inst="def1-184-18540102" type="surname" value="HANNIGAN"/>
<interp inst="def1-184-18540102" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN HANNIGAN</hi> </persName>
<rs id="t18540102-184-offence-1" type="offenceDescription">
<interp inst="t18540102-184-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18540102-184-offence-1" type="offenceSubcategory" value="wounding"/>, feloniously wounding
<persName id="t18540102-name-114" type="victimName">
<interp inst="t18540102-name-114" type="gender" value="male"/>
<interp inst="t18540102-name-114" type="surname" value="FLEMING"/>
<interp inst="t18540102-name-114" type="given" value="MICHAEL"/>
<join result="offenceVictim" targOrder="Y" targets="t18540102-184-offence-1 t18540102-name-114"/>Michael Fleming</persName>, with intent to murder him. 2nd
<hi rend="smallCaps">COUNT:</hi> with intent to do him grievous bodily harm.</rs> </p>
<p>
<hi rend="smallCaps">MR. THOMPSON</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-115" type="witnessName">
<interp inst="t18540102-name-115" type="gender" value="male"/>
<interp inst="t18540102-name-115" type="surname" value="FLEMING"/>
<interp inst="t18540102-name-115" type="given" value="MICHAEL"/>MICHAEL FLEMING</persName> </hi>. I am a labourer, and live at Union-row, Tottenham. The prisoner keeps the house, and lives in it; I paid my rent to him—I occupied the front room, first floor—I went home between 1 and 2 o'clock on Christmas morning; that is, after midnight—I went to the door, and asked him to let me in—he would not—the door was fastened against me on the inside—I called out to the prisoner to let me in—he said he would not let me in—he was in his own kitchen; that is the front kitchen, on the ground floor—after that I went to the front window on the ground floor; the prisoner rose the window up—I put my head to the window and saw John Costello inside, in the kitchen, and he told me if I offered to come in the prisoner had a gun inside to shoot me—the prisoner could hear what he said—I could not see him at that time, but I put my head to the window, and directly I did so the prisoner shot me through the open part of the windows—I did not put my head inside; I put it over on the outside, to see where he was—I received the shot in the face and shoulders—there had been no altercation between us before this, nor any quarrel—he had made an attempt to shoot me a fortnight before.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Are you any relation of the prisoner?
<hi rend="italic">A.</hi> No; I never saw him till I saw him in this country—I suppose it is near upon twelve months since I saw him in this country; I have been from Ireland very near twelve months—I am not married—I was supposed to be engaged to be married to the prisoner's niece—when I first knew the pri
<lb/>soner it was at the house where he now lives—I proposed to rent a room in that house, and so I did—that was more than a month before Christmas—I told him I wanted the room for my father and mother, and my own family—I believe Costello is a nephew of the prisoner's—I did not want the room to any other purpose; perhaps he thought that I did—I did not want the room for any other purpose besides living in it—I did not, before I left Ireland, become a member of the Ribbon Association; I know nothing about it—I will take my oath that I am not a member of the Ribbon Association in Ireland—I never knew anything about it till I heard the prisoner talking about it—my brother Thomas is not here: he is at home; he is not a</p>
<xptr type="pageFacsimile" doc="185401020044"/>
<p>member of the Ribbon Association—I am not the member of any association in which I have taken an oath; I swear that—I never spoke to Costello about an association of that kind—I never became a member of any society or association in Ireland before I came to this country—I do not know that I had any altercation with the prisoner the night before this occurrence—there were no words or blows between us—I did not strike him, nor did my brother Thomas, in my presence—there was no row at the house that even
<lb/>ing between my brother Thomas and me; it was between the prisoner and his wife; I took no part in it—he called the police—we had nothing to do with it—my brother and I were not turned out of the house by the police in consequence of our violence—I did not turn the prisoner out of his house; he went out himself—that was on Christmas eve—I had nothing to do with his going out—I cannot say that he was put out by force, or that he went out quietly; I did not put him out by force: he was not put out by force in my presence—I do not know Mary Hannigan and Mary Jane Hannigan not by name, without it is the prisoner's wife and daughter—I have not, in the presence of his daughter, threatened his life—I did not do so about a fortnight before this occurrence, nor did I threaten to kill him if he revealed anything about a society of which I was a member—I have never been in the army; I do not think I am fit for it—I have never been in Her Majesty's service, either in the army, or navy, or in any other way.</p>
<p>
<hi rend="smallCaps">MR. THOMPSON</hi>.
<hi rend="italic">Q.</hi> How old are you?
<hi rend="italic">A.</hi> I suppose about 22, more or less, I do not know.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You say that a fortnight before this happened, the prisoner made an attempt to shoot you?
<hi rend="italic">A.</hi> Yes; but I made an effort to snatch the gun out of his hand, and it went off—he had the gun in his hand, I do not know whether it was loaded or not—I took it out of his hand—his wife and daughter, I think, were there at the time—there were a few in the house; I think my mother was there, too—it was between 8 and 9 o'clock at night, and in his room—I took it out of his hand because I was in dread of his shooting me—I thought I had better have it in my own hand than his—I do not know what led me to be in dread that he would shoot me—the man is a very queer man—that was the only reason; I did not see any reason that he had to do it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-116" type="witnessName">
<interp inst="t18540102-name-116" type="gender" value="male"/>
<interp inst="t18540102-name-116" type="surname" value="COSTELLO"/>
<interp inst="t18540102-name-116" type="given" value="JOHN"/>JOHN COSTELLO</persName> </hi>. I am a labourer, and live with the prisoner. I am his wife's nephew—I remember Fleming coming home between 1 and 2 o'clock on Christmas morning—I heard him call out to the prisoner to let him in, I was in the same room with the prisoner at the time—he talked to Fleming about the rent, and about a clock that he had bought of him—Fleming told him that he did not owe him any rent, that he owed him 3
<hi rend="italic">s</hi>. on the clock, and when the bread score that Hannigan's wife drew from Fleming's mother was settled, whatever he owed him in the line of rent he would pay him—Fleming then walked up stairs into his own room, the front room—I am speaking of Christmas night; this was between 1 and 2 o'clock in the morning—in about two minutes Fleming came down again, opened the door, and went out, and then Hannigan took and barred the door—the gun stood in the corner of the room—he went and took it out of the corner, came to the front window, rose it up, and walked back again to the passage door, at the foot of the stairs up which Fleming lived—he pulled a percussion cap out of his pocket and put it on the nipple of the gun—I asked him if he knew what he was a doing of—he said, "Yes, I do; and if you stir I will blow out your brains"—Fleming directly came to the door outside, and knocked at it to be let in—the prisoner would not let him in—Fleming</p>
<xptr type="pageFacsimile" doc="185401020045"/>
<p>came to the window, and put his head on to the window to see if he could see anything of where Hannigan stood—I hallooed out to him to leave, for Hannigan had got a cap on the nipple of the gun to shoot him, but he had not time to draw his head back before Hannigan shot him—this (
<hi rend="italic">produced</hi>) is the gun.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> How long have you been from Ireland?
<hi rend="italic">A.</hi> About twelve months last Christmas—I did not come over along with Fleming—we did not live in the same part of the country—I did not know him before—I first met him at Tottenham—I was living there at that time; it is the house where his mother and brother lived, in Union-row, in the back kitchen of Hannigan's house—I live and sleep in the same room with Hannigan—Hannigan and Fleming had a
<hi rend="italic">row</hi> a fortnight before this occurrence—I did not see Fleming strike him—I cannot say what the
<hi rend="italic">row</hi> commenced about—I was not present when Fleming first came to Hannigan about hiring his room—I do not know that Fleming wanted the room for anything besides living in—I do not know that he belongs to any society—he has never asked me to join any association that he belongs to—I never heard him talking of a Ribbon Association—I heard Hannigan call him a deserter and a Ribbon man—I do not know that Fleming has been in the army—it was at the time of the
<hi rend="italic">row</hi> I speak of that Hannigan called him a deserter and a Ribbon man, a fortnight before Christmas—Fleming replied that he was no such thing—I did not hear him say that he would be the death of Hannigan if he ever revealed anything he knew about the Ribbon men—I will swear he did not say anything of the kind—the prisoner's little daughter was present at this
<hi rend="italic">row</hi>—I suppose she is eight or ten years of age—she was in the kitchen, but she was sent out by her mother for the police—Hannigan sent for the police—I was in the house the evening before Christmas—there was a
<hi rend="italic">row</hi> there that evening—Fleming did not strike Hannigan several times—I will swear he never struck him that night—Hannigan sent out his daughter for the police that night—I cannot say whether that was on account of Fleming's conduct—he was not struck by a brickbat by Fleming, or by a stick or a shillaleh—I cannot say what he sent for the police for—Fleming did not strike him that night—he was not obliged to leave his house—he did not leave it—he ran out into the street and hallooed out for the police, and then he came in again—Fleming did not lay hold of him by the collar and turn him out—I swear that—I had been drinking with Fleming that night—not at a public house, it was at a house in the row, about threescore yards off Hannigan's door—we were drinking two pots of beer between eleven of us—six of them were lodgers, and five of the family—I had not gone to bed at the time Fleming was shot—Fleming's mother came over to this house where we were drinking, and asked me to come over and see if I could keep Han
<lb/>nigan quiet, for he was smashing all that was in the house—at the time this occurred I was down stairs in Hannigan's kitchen; that was where the con
<lb/>versation took place between Hannigan and Fleming about the rent and the clock—that did not occupy above three minutes, and then Fleming went up stairs; he then came down again and went out, and it was after that that he was shot—he came and rapped at the front door to be let in—he rapped with his hand, not with a stick or a brick—he did not make a great noise; he merely came to the door the same as any other man, and rapped at it to be let in—it was on that that Hannigan took the gun from the corner and threw up the window—the gun was in the same room where we were.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-117" type="witnessName">
<interp inst="t18540102-name-117" type="gender" value="male"/>
<interp inst="t18540102-name-117" type="surname" value="BRENNAN"/>
<interp inst="t18540102-name-117" type="given" value="PETER"/>PETER BRENNAN</persName> </hi> (
<hi rend="italic">policeman, N</hi> 344). From information I received I went to the prisoner's house, between 1 and 2 o'clock on Christmas morning</p>
<xptr type="pageFacsimile" doc="185401020046"/>
<p>—I found the prisoner in the first floor back room, partly undressed—I told him I apprehended him for shooting a man—he said he was justified in doing it, to defend his own house—on searching him I found some shot in his pocket, which he said was the same as was in the gun—I brought him down stairs, and there saw Fleming with his face bleeding—I took the prisoner to the station.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> When you went into the front room out of which the shot had been fired, did you not find several brick bats lying about?
<hi rend="italic">A.</hi> The prisoner pointed out some brick bats to me that were there to the number of nine, they were in the front and back rooms—he said those were the bricks that had been thrown in.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-118" type="witnessName">
<interp inst="t18540102-name-118" type="gender" value="male"/>
<interp inst="t18540102-name-118" type="surname" value="GUY"/>
<interp inst="t18540102-name-118" type="given" value="ROBERT CAPON"/>ROBERT CAPON GUY</persName> </hi> (
<hi rend="italic">policeman, N</hi> 395). I went to the prisoner's house on the morning in question, and found this gun in the front room first floor—I examined it, it had been recently fired—I took Fleming to the surgeon's—he had twenty-two shot wounds on the shoulders and along the neck, in the jaw and one on the forehead—I produce the smock frock that he had on at the time.</p>
<p>(
<hi rend="smallCaps">MR. SLEIGH</hi>
<hi rend="italic">requested that before addressing the</hi>
<hi rend="smallCaps">JURY</hi>,
<hi rend="italic">the prisoner might be permitted to make his own statement; he was aware the application was somewhat an unusual one, but it had been granted in the cases of Reg.</hi> v.
<hi rend="italic">Williams, and Reg.</hi> v.
<hi rend="italic">Dyer, reported in</hi> 1
<hi rend="italic">Cox Criminal Cases, and under the peculiar circumstances of the present case, he trusted that course might be permitted. The learned judges were of opinion, that there was nothing so peculiar in the present case as to warrant a departure from the usual course.</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>
<hi rend="italic">therefore addressed the</hi>
<hi rend="smallCaps">JURY</hi>
<hi rend="italic">for the prisoner, stating hat he could not contend against the facts, and that the question was one solely of intent.</hi>)</p>
<p>
<hi rend="italic">Witness for the Defence, examined at the prisoner's request.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-119" type="witnessName">
<interp inst="t18540102-name-119" type="gender" value="female"/>
<interp inst="t18540102-name-119" type="surname" value="HANNIGAN"/>
<interp inst="t18540102-name-119" type="given" value="MARY JANE"/>MARY JANE HANNIGAN</persName> </hi>. I am the prisoner's daughter. I was present a fortnight before Christmas, when there was a
<hi rend="italic">row</hi> between my father and Michael Fleming—Fleming knocked my father down three times, they knocked him up against the chimney piece, and Sarah Costello almost broke his head with an umbrella—she beat him with it and then they threatened to have his life two or three times, that was Michael Fleming and his brother Thomas—they said if he said anything more about Ribbon men, or anything of that sort they would have his life—I was at home on Christmas Eve; after 1 o'clock Fleming's mother was settling about the rent—my father said they owed him 5
<hi rend="italic">s</hi>.—Fleming said that he did not, and then he began to abuse my father—my father told him twice to go up to his own apartment—he said he would not—he was abusing my father a long time—at last he went up to his own apartment—he was not there above ten minutes when he came down again, and he abused my father again and knocked him outside the door, and shut the door on him—after that my father came in, and Michael Fleming threw bricks in through the window and broke this blind; these are parts of the broken blind (
<hi rend="italic">producing them</hi>)—he was throwing nine or ten bricks in, and then after that the shot was fired, my father was in danger of his life—I was outside the house when the bricks were thrown—
<hi rend="italic">Mick</hi> Fleming threw them—there were persons there who came over from the lodging house and began to abuse my father, that was after the gun was fired—there were persons outside throwing bricks before the gun was fired, my father sent me for the police—that was before the shot was fired, when they knocked him outside the door—I did not go for the police, I did not like, it was such a late hour in</p>
<xptr type="pageFacsimile" doc="185401020047"/>
<p>the night—I do not know whether my father went—he sent me and my mother to fetch the police, before the shot was fired—when Fleming knocked my father out of the house he said the house belonged to himself, he had possession then—after that when my father ran out of the house there were bricks thrown in, and after the shot was fired there were more bricks thrown in.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. THOMPSON</hi>.
<hi rend="italic">Q.</hi> How old are you?
<hi rend="italic">A.</hi> I think I am turned thirteen, I do not know my proper age—I sleep in the top room of the house—I go to bed at 8 or 9 o'clock sometimes—my mother and father sleep with me—my mother is here—I did not see my father fire the gun—I was outside, standing by the door—it was about half-past 1 o'clock—I saw Fleming outside—I was outside when my father shut the door—I never go to bed before my father and mother—I saw some bricks thrown into the back room when the door was open—they smashed the door leading into the back room—it was smashed with the bricks—that was about a quarter of an hour before the gun was fired—I saw my father open the window—I did not see him with the gun in his hand—the gun belongs to Mr. Board, a farmer—Costello is my cousin—he lives with us, and is on friendly terms—I saw him that night—they were all out drinking till 1 o'clock—Costello was inside when the gun was fired—I do not know why he did not go and fetch the police—I saw Fleming go up to his own room—that was before the gun was fired—he would not go till his mother forced him up; and he came down again, and began the fight again—he went outside after he kicked my father out—I think the door was fastened when he was outside, at the time the gun was fired—I did not see my father fasten the door, I saw him shut it—I did not see my father attempt to fire the gun at Fleming ten days before this—Costello was present at Christmas Eve, and heard what occurred—my mother did not go for the police, nor did I—we were both outside the door, just a little way from it.</p>
<p>
<rs id="t18540102-184-verdict-1" type="verdictDescription">
<interp inst="t18540102-184-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540102-184-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of unlawfully wounding.</hi> </rs> Aged 55.—
<hi rend="italic">
<rs id="t18540102-184-punishment-27" type="punishmentDescription">
<interp inst="t18540102-184-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t18540102-184-punishment-27" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-184-18540102 t18540102-184-punishment-27"/>Confined One Year</rs>.</hi> </p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday, January</hi> 5, 1854.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>—Mr. Ald.
<hi rend="smallCaps">HOOPER</hi>; Sir
<hi rend="smallCaps">JOHN MUSGROVE</hi>, Bart., Ald; Mr.
<hi rend="smallCaps">RECORDER</hi>; Mr. Ald.
<hi rend="smallCaps">FINNIS</hi>; and
<hi rend="smallCaps">RUSSELL GURNET</hi>, Esq.</p>
<p>
<hi rend="italic">Before Russell Gurney, Esq., and the Fifth Jury.</hi> </p>
<div1 type="trialAccount" id="t18540102-185">
<interp inst="t18540102-185" type="uri" value="sessionsPapers/18540102"/>
<interp inst="t18540102-185" type="date" value="18540102"/>
<join result="criminalCharge" id="t18540102-185-charge-1" targOrder="Y" targets="def1-185-18540102 t18540102-185-offence-1 t18540102-185-verdict-1"/>
<p>185.
<persName id="def1-185-18540102" type="defendantName">
<interp inst="def1-185-18540102" type="gender" value="female"/>
<interp inst="def1-185-18540102" type="age" value="22"/>
<interp inst="def1-185-18540102" type="surname" value="QUIN"/>
<interp inst="def1-185-18540102" type="given" value="MARGARET"/>
<hi rend="largeCaps">MARGARET QUIN</hi> </persName>
<rs id="t18540102-185-offence-1" type="offenceDescription">
<interp inst="t18540102-185-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18540102-185-offence-1" type="offenceSubcategory" value="pocketpicking"/>, stealing 11
<hi rend="italic">l</hi>. in money, of
<persName id="t18540102-name-121" type="victimName">
<interp inst="t18540102-name-121" type="gender" value="male"/>
<interp inst="t18540102-name-121" type="surname" value="GREEN"/>
<interp inst="t18540102-name-121" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18540102-185-offence-1 t18540102-name-121"/>John Green</persName>, from his person.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-122" type="witnessName">
<interp inst="t18540102-name-122" type="gender" value="male"/>
<interp inst="t18540102-name-122" type="surname" value="GREEN"/>
<interp inst="t18540102-name-122" type="given" value="JOHN"/>JOHN GREEN</persName> </hi>. I am a boot blocker, and live in Trinity-court. On the morning of 20th Dec., between 1 and 2 o'clock, I saw the prisoner in a public house in Old-street; I was with her about half an hour—I came out and went with her in a
<hi rend="italic">cab</hi> up to the Strand—I got out of the
<hi rend="italic">cab</hi>, went in a house, and had something to drink—I stopped a few minutes, and came out, and we got to Newgate-street in the
<hi rend="italic">cab</hi>—I then found my money was gone out of my pocket—it was safe when I got in the
<hi rend="italic">cab</hi> the last time—I had 14
<hi rend="italic">l</hi>. or 15
<hi rend="italic">l</hi>. in a stocking—I stopped the
<hi rend="italic">cab</hi>, and gave the prisoner in charge—I had not given her any money.</p>
<p>
<hi rend="italic">Prisoner.</hi> When I first met him in Old-street, there was another gentle
<lb/>man with him—he asked me three times to go in the
<hi rend="italic">cab</hi> before I consented, and he said he would make me a handsome present.
<hi rend="italic">Witness.</hi> I did not</p>
<xptr type="pageFacsimile" doc="185401020048"/>
<p>promise to make her a handsome present—there was a gentleman with me, a friend of mine—I know him very well—I did not take liberties with you in the
<hi rend="italic">cab</hi>, and give you the money.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-123" type="witnessName">
<interp inst="t18540102-name-123" type="gender" value="male"/>
<interp inst="t18540102-name-123" type="surname" value="WIGLEY"/>
<interp inst="t18540102-name-123" type="given" value="JOSEPH"/>JOSEPH WIGLEY</persName> </hi>. I am a
<hi rend="italic">cab</hi> driver; I took the prosecutor and the pri
<lb/>soner on the morning of 20th Dec.—there was another person with them—at first they were all three in together, and afterwards the other person came outside—I afterwards heard the prosecutor call to me to stop, which I did momentarily—he said, "I want a policeman;" a policeman was close handy—I and the policeman afterwards searched my
<hi rend="italic">cab</hi>—we did not find any
<lb/>thing; the prosecutor's friend gave me a shilling—the prosecutor pulled a stocking out of his pocket, and in it was 5
<hi rend="italic">l</hi>.—his breeches were undone and his shirt was hanging out.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-124" type="witnessName">
<interp inst="t18540102-name-124" type="gender" value="female"/>
<interp inst="t18540102-name-124" type="surname" value="MARSHALL"/>
<interp inst="t18540102-name-124" type="given" value="SUSAN"/>SUSAN MARSHALL</persName> </hi>. I searched the prisoner at the station house, on the morning of 20th Dec; I found one sovereign in her bosom, and one sove
<lb/>reign and some silver in her purse—she said, "That is all the money I have"—I took her stocking off, and found nine sovereigns in it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-125" type="witnessName">
<interp inst="t18540102-name-125" type="gender" value="male"/>
<interp inst="t18540102-name-125" type="surname" value="FULLE"/>
<interp inst="t18540102-name-125" type="given" value="JOHN"/>JOHN FULLE</persName> </hi> (
<hi rend="italic">City-policeman</hi>, 228). I received the prisoner into cus
<lb/>tody; I took her to the station, and as we went she tried to push down her stocking as she passed over the gratings.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> The prosecutor made me a present of this money; he took liberties with me, and after he had done as he liked, he said if I did not give him the money he would give me in charge; I did not think proper to give it him hack after his using me as he had; he asked me two or three times to go in the
<hi rend="italic">cab</hi> before I would consent; the other man knows that he asked me, and he told the Alderman that he did; he was very drunk; the 2
<hi rend="italic">l</hi>. was my own.</p>
<p>
<hi rend="smallCaps">JURY</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">JOHN GREEN</hi>.
<hi rend="italic">Q.</hi> Were your fourteen or fifteen sovereigns together in the stocking?
<hi rend="italic">A.</hi> Yes; I had not drank more than a glass or two.</p>
<p>
<hi rend="smallCaps">JURY</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">JOHN FULLER</hi>.
<hi rend="italic">Q.</hi> In what state was the prosecutor? He was not drunk; he was more excited than drunk.</p>
<p>
<hi rend="smallCaps">
<rs id="t18540102-185-verdict-1" type="verdictDescription">
<interp inst="t18540102-185-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540102-185-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 22.—
<hi rend="italic">
<rs id="t18540102-185-punishment-28" type="punishmentDescription">
<interp inst="t18540102-185-punishment-28" type="punishmentCategory" value="imprison"/>
<interp inst="t18540102-185-punishment-28" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-185-18540102 t18540102-185-punishment-28"/>Confined Three Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18540102-186">
<interp inst="t18540102-186" type="uri" value="sessionsPapers/18540102"/>
<interp inst="t18540102-186" type="date" value="18540102"/>
<join result="criminalCharge" id="t18540102-186-charge-1" targOrder="Y" targets="def1-186-18540102 t18540102-186-offence-1 t18540102-186-verdict-1"/>
<join result="criminalCharge" id="t18540102-186-charge-2" targOrder="Y" targets="def2-186-18540102 t18540102-186-offence-1 t18540102-186-verdict-2"/>
<p>186.
<persName id="def1-186-18540102" type="defendantName">
<interp inst="def1-186-18540102" type="gender" value="male"/>
<interp inst="def1-186-18540102" type="age" value="36"/>
<interp inst="def1-186-18540102" type="surname" value="CHAPMAN"/>
<interp inst="def1-186-18540102" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM CHAPMAN</hi> </persName> and
<persName id="def2-186-18540102" type="defendantName">
<interp inst="def2-186-18540102" type="gender" value="male"/>
<interp inst="def2-186-18540102" type="surname" value="GAYTON"/>
<interp inst="def2-186-18540102" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE GAYTON</hi> </persName>
<rs id="t18540102-186-offence-1" type="offenceDescription">
<interp inst="t18540102-186-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18540102-186-offence-1" type="offenceSubcategory" value="forgery"/>, feloniously forging a receipt for 8
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., with intent to defraud.</rs> </p>
<p>
<hi rend="smallCaps">MR. SLEIGH</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-128" type="witnessName">
<interp inst="t18540102-name-128" type="gender" value="male"/>
<interp inst="t18540102-name-128" type="surname" value="WARREN"/>
<interp inst="t18540102-name-128" type="given" value="THOMAS"/>THOMAS WARREN</persName> </hi>. I live at No. 30, Wellington-street, Bethnal-green. I am a labourer—the prisoner Gayton was in my employ—in Dec. I wanted to buy an old omnibus, and on Sunday, 4th Dec. Gayton brought Chapman to say that he knew of a
<hi rend="italic">bus</hi> to sell, which was in George-yard, Whitechapel—he did not mention the name of the person to whom it belonged till we got there; he then said it belonged to Mr. Emanuel, the proprietor of omnibuses—I went into the yard with them—I saw Mr. Emanuel there, but I did not speak to him myself—both the prisoners went and spoke to him—they returned to me, and then Gayton said the price was 8
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—I saw the omnibus—Chapman was within hearing of what Gayton said—I told them to buy the
<hi rend="italic">bus</hi> as cheap as they could—Gayton told me there must be a deposit of 2
<hi rend="italic">l</hi>.—Chapman was then present—Gayton had at that time money of mine in his possession, to the amount of about 40
<hi rend="italic">l</hi>., and I authorised him to pay the 2
<hi rend="italic">l</hi>. deposit—I could not get the omnibus to my premises till 12th Dec.—I and the two prisoners went on 12th Dec. to pay the remainder of the money—we all three went to the Spread Eagle—the prisoner left me there, and went to Mr. Emanuel's</p>
<xptr type="pageFacsimile" doc="185401020049"/>
<p>yard—before they went, Chapman wrote this receipt—(
<hi rend="italic">read</hi>—"Dec. 11th, 1853. Bought, an omnibus of Mr. Emanuel, for the sum of 8
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. Thomas Warren")—when this was written, I said to Chapman, "Go over, and pay Mr. Emanuel the remainder of the money, and get the
<hi rend="italic">bus"</hi>—I had paid it in three instalments—2
<hi rend="italic">l</hi>. was the deposit—after that 3
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. was given by me to Chapman, to pay to Mr. Emanuel; and on this last occasion I gave Chapman 3
<hi rend="italic">l</hi>. in the public house where he wrote the receipt, and authorised him to pay the balance—he took it away to get the receipt signed, and he afterwards gave it to Mr. Emanuel's ostler, to give it to me—Gayton did not go with Chapman—I called his attention to get the
<hi rend="italic">bus</hi> out, as there was a confusion—I got the
<hi rend="italic">bus</hi> to my own yard—Chapman did not come back to me to the public house—he came to lend a hand to get the
<hi rend="italic">bus</hi> out—the ostler gave me this receipt—Chapman was close to him—I saw Chapman give it to the ostler, and the ostler handed it to me.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> What are you?
<hi rend="italic">A.</hi> A labourer—Gayton was in my employ—I labour on the water department in lightering—I help to row a lighter, and have done so for twenty-five years—I wanted a
<hi rend="italic">bus</hi> because I thought I could get a little more money that what I am doing—Gayton introduced Chapman, and I went to Mr. Emanuel's, and saw the
<hi rend="italic">bus</hi>, and saw Mr. Emanuel, but did not speak to him, because the prisoners understood the business better than I did—I have sold the
<hi rend="italic">bus</hi> again for about 4
<hi rend="italic">l</hi>.—I did not buy it to sell it again, I bought it to get a few things from Romford—it was proposed to cut it down into a van to move goods, or do anything—I wanted to do the best I could—I was to trust Gayton to do this—I went to Mr. Emanuel's every time that they went; but I did not know the value of it—I left it to Gayton—I saw Chap-man write the paper in my presence, he went to Mr. Emanuel's—I did not tell him to write it—he wrote it on his own ideas and judgment; he said, "I shall take it over to Mr. Emanuel, and get it signed"—I did not make it out myself, for I am no hand at writing—when Chapman gave the receipt to the ostler, I was standing at the corner of Mr. Emanuel's gate as they came up a long yard; and as they came I saw Chapman give it to the ostler, and he gave it to me.</p>
<p>
<hi rend="italic">Q.</hi> But why did you give money to Chapman, when you say Gayton owed you 40
<hi rend="italic">l</hi>.?
<hi rend="italic">A.</hi> I could not get the money away from Gayton—he held the purse and shook it at me, and said, "Not a pound shall you have"—I did not tell Chapman to put "paid" at the bottom of the paper—he did put "paid" but I did not tell him—I do not recollect telling him to put it—I told him to go and pay Howe—I did not look at the receipt—I could not read well enough—I know this is the paper—I am not such a dunce but what I know that this is the paper he wrote.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. LOGIE</hi>.
<hi rend="italic">Q.</hi> It was Chapman that made the receipt out in the public house, and went to Mr. Emanuel with the ostler; and it was he also that brought it back and gave it to the ostler in your presence?
<hi rend="italic">A.</hi> Yes; this 40
<hi rend="italic">l</hi>. that Gayton had was money I had lent him—I had advanced it to him, and he used to shake the purse before me and tell me I should not have it; that was the reason I gave Chapman the money—I was obliged to find money to pay for this
<hi rend="italic">bus</hi>, because I could not get the money from Gayton—they said the gentleman would only deal with one of them two, as they knew him—I said, "You go and get the
<hi rend="italic">bus</hi> as well as you can"—I never was in partnership with Gayton—I have bought ponies, they were what he bought; I allowed him to buy them, as</p>
<xptr type="pageFacsimile" doc="185401020050"/>
<p>I thought he knew better than I did; they were curious ones—one had a horn, and the other was very diminutive—they were to be exhibited, and I told him I would give him a little more if I found I could get my living by them—I had confidence in him, I am very sorry I had.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-129" type="witnessName">
<interp inst="t18540102-name-129" type="gender" value="male"/>
<interp inst="t18540102-name-129" type="surname" value="EMANUEL"/>
<interp inst="t18540102-name-129" type="given" value="ALFRED"/>ALFRED EMANUEL</persName> </hi>. I am an omnibus proprietor, and cigar manufac
<lb/>turer, in Church-lane. In Dec. I had an old omnibus to dispose of in George-yard—on a Sunday in Dec., I remember Gayton going to my yard—I cannot say whether Chapman was with him—there were three or four outside; I did not look to see who they were—Gayton asked what the price of the omnibus was; I told him 4
<hi rend="italic">l</hi>., and I agreed to take 3
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—he went away, it might be, for two minutes, and came back and gave a half sove
<lb/>reign as a deposit—I saw him two or three times after that, as I was going to the stable—I saw Chapman and him together sometimes, and sometimes I saw them singly in the yard where the omnibus was—on the next Satur
<lb/>day night I saw Chapman, he said he would come and fetch the
<hi rend="italic">bus</hi> on the Monday morning—on the next Monday Chapman came, and my ostler was with him—Chapman then paid me 3
<hi rend="italic">l</hi>.—I did not receive from either Gayton or Chapman any other amount for that omnibus—I gave him a receipt in my own writing; I did not see Gayton at that time—no part of this paper is my writing except the stamp—this part which is on the stamp is my writing—I never saw this paper.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> This "Ed. Emanuel," across the head, is your writing?
<hi rend="italic">A.</hi> Yes; this stamp was on my paper—I should say that the 3
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. was a fair price for that omnibus—I never saw Mr. Warren at all—he was not at my place looking at my omnibus when I was there—I never saw Gayton after he paid the 10
<hi rend="italic">s</hi>., except as I might see any one else.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-130" type="witnessName">
<interp inst="t18540102-name-130" type="gender" value="male"/>
<interp inst="t18540102-name-130" type="surname" value="HOME"/>
<interp inst="t18540102-name-130" type="given" value="WILLIAM"/>WILLIAM HOME</persName> </hi>. I am horse-keeper to Mr. Emanuel. On the Monday morning when the omnibus was taken away I was there—I saw Chapman pay my master some money—Gayton was in the yard—Chapman parted from him, and I went with Chapman to Mr. Emanuel—I saw Mr. Emanuel give Chapman a receipt, which was in Mr. Emanuel's handwriting—this paper (
<hi rend="italic">looking at it</hi>) is not the one that Mr. Emanuel gave him—this is not Mr. Emanuel's writing—this statement (
<hi rend="italic">looking at it</hi>) is Mr. Emanuel's writing—as we were going across Whitechapel, Chapman gave me a piece of paper—he told me to give it to Mr. Warren—I cannot swear whether this is the paper—I did not open it—it was about this size—we were all four in the Angel public house before we went to the yard—I saw Chapman write a piece of paper, but I am not prepared to say it was this.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. LOGIE</hi>.
<hi rend="italic">Q.</hi> When Chapman went to Mr. Emanuel, was Gayton in the yard?
<hi rend="italic">A.</hi> Yes.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-131" type="witnessName">
<interp inst="t18540102-name-131" type="gender" value="male"/>
<interp inst="t18540102-name-131" type="surname" value="COPPING"/>
<interp inst="t18540102-name-131" type="given" value="WILLIAM"/>WILLIAM COPPING</persName> </hi> (
<hi rend="italic">policeman, K</hi> 379). I took Chapman—Gayton came up about a minute afterwards, and I took him—Chapman said, "I know nothing about robbing him"—Gayton said, "I am a partner with him"—I found this paper on Chapman.</p>
<p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">WILLIAM HOME</hi>.
<hi rend="italic">Q.</hi> Had Chapman a horse standing at your master's?
<hi rend="italic">A.</hi> There was a horse standing in the yard—I did not hear any dispute between him and Mr. Warren about the horse.</p>
<p>(
<hi rend="italic">Paper read:</hi> "Thomas Warren, bought of Mr. Emanuel an omnibus at 8
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., leaving 3
<hi rend="italic">l</hi>. to pay."
<hi rend="italic">On the back of the paper was "Thomas Warren."</hi>)</p>
<p>
<hi rend="largeCaps">CHAPMAN</hi>
<hi rend="smallCaps">
<rs id="t18540102-186-verdict-1" type="verdictDescription">
<interp inst="t18540102-186-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540102-186-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 36.</p>
<p>
<hi rend="largeCaps">GAYTON</hi>
<hi rend="smallCaps">
<rs id="t18540102-186-verdict-2" type="verdictDescription">
<interp inst="t18540102-186-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18540102-186-verdict-2" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18540102-187">
<interp inst="t18540102-187" type="uri" value="sessionsPapers/18540102"/>
<interp inst="t18540102-187" type="date" value="18540102"/>
<join result="criminalCharge" id="t18540102-187-charge-1" targOrder="Y" targets="def1-187-18540102 t18540102-187-offence-1 t18540102-187-verdict-1"/>
<join result="criminalCharge" id="t18540102-187-charge-2" targOrder="Y" targets="def2-187-18540102 t18540102-187-offence-1 t18540102-187-verdict-2"/>
<xptr type="pageFacsimile" doc="185401020051"/>
<p>187.
<persName id="def1-187-18540102" type="defendantName">
<interp inst="def1-187-18540102" type="gender" value="male"/>
<interp inst="def1-187-18540102" type="age" value="36"/>
<interp inst="def1-187-18540102" type="surname" value="CHAPMAN"/>
<interp inst="def1-187-18540102" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM CHAPMAN</hi> </persName> and
<persName id="def2-187-18540102" type="defendantName">
<interp inst="def2-187-18540102" type="gender" value="male"/>
<interp inst="def2-187-18540102" type="age" value="32"/>
<interp inst="def2-187-18540102" type="surname" value="GAYTON"/>
<interp inst="def2-187-18540102" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE GAYTON</hi> </persName> were
<hi rend="italic">again</hi> indicted for
<rs id="t18540102-187-offence-1" type="offenceDescription">
<interp inst="t18540102-187-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18540102-187-offence-1" type="offenceSubcategory" value="fraud"/>obtaining money by false pretences.</rs> </p>
<p>
<hi rend="smallCaps">MR. SLEIGH</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540102-name-134" type="witnessName">
<interp inst="t18540102-name-134" type="gender" value="male"/>
<interp inst="t18540102-name-134" type="surname" value="WARREN"/>
<interp inst="t18540102-name-134" type="given" value="THOMAS"/>THOMAS WARREN</persName> </hi>. I live at No. 30, Wellington-street On a Saturday in Dec., both the prisoners represented to me that there was an omnibus for sale—Gayton told me so, and Chapman was with him—they both spoke to me respecting the omnibus—when we got to the place, both the prisoners looked at the omnibus, and they came and said to me, "It is 9
<hi rend="italic">l</hi>.; 8
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. it can be bought for"—they both came to me as I was standing in the yard—on the faith of that representation I authorized Gayton to pay 2
<hi rend="italic">l</hi>. out of some money of mine which he had in his possession, he being my servant—the omnibus was afterwards brought to my establishment, and I afterwards paid a further sum into the hand of Chapman—the last payment was 3
<hi rend="italic">l</hi>.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> When was the second sum, the 3
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. paid?
<hi rend="italic">A.</hi> On Saturday night, the 10th—it was handed by me to Chapman, in Gayton's presence.</p>
<p>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> You still believed that 8
<hi rend="italic">l</hi>., 10
<hi rend="italic">s</hi>. was to be paid, and on the strength of that representation you parted with those various sums of money?
<hi rend="italic"