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<p>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<p>
<hi rend="largeCaps">SIDNEY, MAYOR. NINTH 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, July</hi> 3
<hi rend="italic">rd</hi>, 1854.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>—The Right Hon. the
<hi rend="smallCaps">LORD MAYOR</hi>; Sir
<hi rend="smallCaps">GEORGE CARROLL</hi>, Knt., Ald; Mr.
<hi rend="smallCaps">RECORDER</hi>; Mr. Ald.
<hi rend="smallCaps">MOON</hi>; and Sir
<hi rend="smallCaps">ROBERT WALTER CARDEN</hi>, Knt., Ald.</p>
<p>
<hi rend="italic">Before Mr. Recorder and the First Jury.</hi> </p>
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<p>808.
<persName id="def1-808-18540703" type="defendantName">
<interp inst="def1-808-18540703" type="gender" value="female"/>
<interp inst="def1-808-18540703" type="surname" value="JAMES"/>
<interp inst="def1-808-18540703" type="given" value="JANE"/>
<hi rend="largeCaps">JANE JAMES</hi> </persName> was indicted
<rs id="t18540703-808-offence-1" type="offenceDescription">
<interp inst="t18540703-808-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18540703-808-offence-1" type="offenceSubcategory" value="libel"/> for a libel.</rs> </p>
<p>
<hi rend="smallCaps">MR. PAYNE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-2" type="witnessName">
<interp inst="t18540703-name-2" type="gender" value="male"/>
<interp inst="t18540703-name-2" type="surname" value="NEWTON"/>
<interp inst="t18540703-name-2" type="given" value="AUGUSTUS"/>AUGUSTUS NEWTON</persName> </hi>. I live at Oakley-villa, King's-road, Chelsea; I am of no profession or trade; I hare an annuity from my mother, and also have other property. I have known the defendant since 1842—I know her hand
<lb/>writing well—this letter and the envelope are in her handwriting—I received this letter from the postman; I took it in myself—it was sealed—(
<hi rend="italic">read:</hi> "Mr. Newton, Swindler's-villa, alias Oakley-villa, King's-road, Chelsea, Good Friday, 1854. I shall do myself the pleasure of paying the swindler a visit in about a fortnight, to see the piano, maple frame glass, and all other goods sold, that you stole. Hurrah, hurrah, hurrah! the down of the swindlers again!—hurrah!—to sell without delay, for 70
<hi rend="italic">l</hi>.! Hurrah!")</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> What is your mother, from whom you derive your annuity?
<hi rend="italic">A.</hi> A lady, living upon her property; I receive the annuity conditionally, from my father—I think I am correct in saying that it was in 1842 that I first became acquainted with the defendant—at that time she was carrying on business as a milliner, in Grosvenor-place, Pimlico; she had a shop there—I knew her there up to 1851, or 1852—when I introduced myself to her I was a single man—I am now married—I was married on 10th April, 1852—I cannot say that I stated to her, when I first became acquainted with her, that I was unmarried; very likely I might have said so, because I was so—I certainly did not propose marriage</p>
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<p>to her, that I swear; I never promised her marriage—my first introduction to her, I believe, was when I was smoking at a cigar shop, next door to hers—I have not been living with the prisoner as man and wife—I have known her, but have never lived with her, or she with me—I have slept with her—I had known her nearly a month before I had any improper intimacy with her—that was at her own house, in Grosvenor-place—I knew her in Grosvenor-place from 1842 to 1851 or 1852—I used to be there continually until she left—perhaps for two years I did not see anything of her—she removed from there in 1850—I occasionally visited her between 1842 and 1850—I cannot say whether she was obliged to remove in 1850, in conse
<lb/>quence of the premises being about to be pulled down—I have passed the house since, and it has been pulled down—I think it was at the latter end of 1849 that I took Oakley-villa—I have paid many bills for the defendant at Grosvenor-place, but always in her name, not in my own—she got into diffi
<lb/>culties, and I paid them for her—they were bills in her business—I did not pay them on her premises—she did not pass as Mrs. Newton with my sanction, or to my knowledge; she certainly did not do so to my knowledge—she might have done so—I believe I have some letters signed as Mrs. Newton—I think I never addressed her as Mrs. Newton—I could almost swear that I have not addressed letters to her as Mrs. Newton—I will not swear that I have not—it is since I have been married that she has sent letters signed "Mrs. Newton;" she sent them to my wife, and also to my father-in-law—I will not swear I have not addressed letters to her as Mrs. Newton before I was married; I might have done so—I have never called myself her husband; I swear that; nor did I ever pay bills in the name of Newton—I have paid them in the name of James, and I have bills to show it—I know a person named Weston—he took part of the shop which the defendant had—I let that shop to him, and have the memorandum here—it was not the shop that she had, but the shop adjoining—I advanced a great deal of money to Miss James, and I said to her, "I am not going to be humbugged any further; I must have some security"—she said, "You can have the shop I am about to let, and you can have the rent of it, and have the agreement signed in your name;" and I did—this is it—I have a duplicate of it, signed by Mr. Weston—there was some furniture in the shop and rooms at Grosvenor-place when Miss James occupied them—that furniture was not subsequently sent to Oakley-villa.</p>
<p>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> Does any of the property that is on your premises at Oakley-villa belong to the defendant?
<hi rend="italic">A.</hi> Certainly not.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Was any of it removed from Grosvenor-place?
<hi rend="italic">A.</hi> Yes; I removed furniture from there that I had placed there from my chambers, I dare say 200
<hi rend="italic">l</hi>. worth of property—it was placed there to be taken care of for me—she did not use it with my sanction, no articles of furniture belonging to the defendant were removed from Grosvenor-place to Oakley-villa—I have said so in other Courts besides this.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-3" type="witnessName">
<interp inst="t18540703-name-3" type="gender" value="male"/>
<interp inst="t18540703-name-3" type="surname" value="NOWLAND"/>
<interp inst="t18540703-name-3" type="given" value="EDWARD"/>EDWARD NOWLAND</persName> </hi> (
<hi rend="italic">policeman, B</hi> 141). I served the summons for Miss James to attend before the Magistrate—I have nothing else to say.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-4" type="witnessName">
<interp inst="t18540703-name-4" type="gender" value="male"/>
<interp inst="t18540703-name-4" type="surname" value="NEWTON"/>
<interp inst="t18540703-name-4" type="given" value="AUGUSTUS"/>AUGUSTUS NEWTON</persName> </hi>
<hi rend="italic">re-examined.</hi> This letter is also in the defendant's handwriting—Mr. Long, a solicitor, has two or three in his possession; and Mr. Charnock, another solicitor, also has some—they are not here—I have subpoenaed them—that is a letter addressed to my wife, at "Rogue's-villa,
<hi rend="italic">alias</hi> Oakley-villa"—it contained a piece of blank paper.</p>
<p>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Is that letter your handwriting?
<hi rend="italic">A.</hi> I cannot swear that it is; it is not the way in which I sign my name—it is signed "
<hi rend="italic">Gus"</hi></p>
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<p>I never called myself her husband; it is written here "
<hi rend="italic">hus"</hi>—I might have done that in a freak.</p>
<p>
<hi rend="smallCaps">
<rs id="t18540703-808-verdict-1" type="verdictDescription">
<interp inst="t18540703-808-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540703-808-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18540703-808-punishment-1" type="punishmentDescription">
<interp inst="t18540703-808-punishment-1" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18540703-808-punishment-1" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-808-18540703 t18540703-808-punishment-1"/>To enter into her own Recognizance in 50
<hi rend="italic">l</hi>. to appear and receive Judgment when called upon.</rs> </hi> </p> </div1>
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<p>809.
<persName id="def1-809-18540703" type="defendantName">
<interp inst="def1-809-18540703" type="gender" value="male"/>
<interp inst="def1-809-18540703" type="surname" value="KEATING"/>
<interp inst="def1-809-18540703" type="given" value="MICHAEL GEORGE"/>
<hi rend="largeCaps">MICHAEL GEORGE KEATING</hi> </persName>
<rs id="t18540703-809-offence-1" type="offenceDescription">
<interp inst="t18540703-809-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18540703-809-offence-1" type="offenceSubcategory" value="libel"/>, unlawfully publishing a false and malicious libel.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. PAYNE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">SLEIGH</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-6" type="witnessName">
<interp inst="t18540703-name-6" type="gender" value="male"/>
<interp inst="t18540703-name-6" type="surname" value="BEVAN"/>
<interp inst="t18540703-name-6" type="given" value="CHARLES WILLIAM"/>CHARLES WILLIAM BEVAN</persName> </hi>. I am resident manager of the Deposit Assurance Company, New Bridge-street, Blackfriars. I was appointed to that office in 1852—in the early part of Feb. the defendant called at the office; he represented that he was a compositor in Messrs. Spottiswoodes' employment, and requested me to supply him with some prospectuses of our Company—the number he asked for was rather large, and I declined at first to do so unless I knew what his object was; he said that it was the practice in Messrs. Spottiswoodes' office, for the partners to give lectures on various subjects, and that they had requested him to give a lecture on life assurance; that 300 of the men had singled our company out, in conse
<lb/>quence of some peculiar feature, and he had no doubt but that all would insure, in consequence of hearing his lecture; upon that I gave him about 100 prospectuses, we were rather short of them at that time and were receiving tenders for some—I told the prisoner if these men were going to insure it would be advisable for Messrs. Spottiswoode to tender for the printing of a new batch of prospectuses—he said, "Can you give me any idea of the price?" I said it will be from 5
<hi rend="italic">l</hi>. to 6
<hi rend="italic">l</hi>. per thousand; he said he would let me have the tender the next day—I spoke to one of the Directors, who said he thought it was a very capital idea—the prisoner brought me the tender in writing, and it was accordingly given to Messrs. Spottiswoode, who undertook to deliver 20,000 prospectuses at 6
<hi rend="italic">l</hi>. per thou
<lb/>sand—I afterwards received the following note—(
<hi rend="italic">read:</hi> "Her Majesty's Printing-office, reading department, Feb. 15, 1854, New-street square; to C. W. Bevan, Esq. Sir, permit me to acknowledge the receipt, this day, of eleven prospectuses, and sixteen forms of proposal, of the Deposit Office; as I have been some time awaiting them preparatory to my lecture, at the request of my governor (Mr. Spottiswoode), I should be most happy if you would favour me with an interview personally, at any time you could con
<lb/>veniently appoint, either to-morrow, or before Saturday. I am, Sir, yours respectfully, M G. Keating. P. S. I have the Spottiswoodes'
<hi rend="italic">carte blanc</hi> to invite any friends to to-night's lecture. Subject: Russia, &c., &c., a most telling subject under existing circumstances; to be delivered by—Smith, Esq., of Oxford College, a
<hi rend="italic">chum</hi> of Mr. S., in the printing office lecture room (late Wilson's type foundry), Harding-street, Red Lion-court, Fleet-street, at a quarter past 8
<hi rend="largeCaps">THIS</hi> evening; send some person. Excuse haste, M. Keating.")—I afterwards received this letter—(
<hi rend="italic">read;</hi> Her Ma
<lb/>jesty's Printing office, March 9, 1854; C. W. Bevan, Esq. Dear Sir, here-with you have proof of bill and card postponing lecture to next Sat week, the 18th. I must advertise extensively to save disappointment to my sup
<lb/>porters, and do the handsome in the shape of a
<hi rend="italic">spread</hi>, in compliment to Clemow for the gratuitous use of his large room, and again on the 18th. Favour me with 200 of your office envelopes to enclose cards and bills to my friends in the various newspaper offices; or would you deem it better to use plain? M. G. Keating. P. S. May I take the liberty to ask the advance of a cheque for 20
<hi rend="italic">l</hi>. on account of printing, &c., as I am just now a little short</p>
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<p>of cash. You will certainly oblige by so doing, which we can settle when the 20,000 prospectuses are completed. An early answer to this will oblige.")—I then sent for the defendant, and on the following Sat. he called; I asked him what he meant by writing to me for 20
<hi rend="italic">l</hi>. on account of his master's bill for printing; "Oh! I can settle that with the governor, I always settle things with the governor"—I said, "If you settle things with your governor like that, I do not settle things with my governors like that;" that I had nothing to do with his lecture, and could not give him any money whatever; he then asked me if I would lend him 10
<hi rend="italic">l</hi>.—I said, "Certainly not," and asked him what he wanted it for; he said he should have to give a
<hi rend="italic">spread</hi>—I said it was time enough to pay for the
<hi rend="italic">spread</hi> when he had given it—he then asked me to lend him 2
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., as he must have a decent coat to lecture in—I said, "I see what sort of man you are," and I advised him to leave my office, which he did—I then received the following letters from him—(
<hi rend="italic">read:</hi> "Her Majesty's Printing-office, Sat., Mar. 11, 4 P. M. C. W. Bevan, Esq. Dear Sir, I regret to say from the dis
<lb/>courteous (I ought to say, 'ruffianly') reception I have just now experi
<lb/>enced at the hands of your under-strapper, Norris (who is neither useful nor ornamental to any office), that I shall feel myself perfectly exonerated from my engagement of advocating the merits of the Company of which you are resident secretary, in my forthcoming lecture, unless I hear from you before 7 o'clock this evening; I have disobliged myself and my friends to oblige you and your Directors, at your written request I am sorry you are so short-sighted. Yours most respectfully, M. G. K. P. S. Your announcement at the Angel Inn, Oldham, as reported in the
<hi rend="italic">Manchester Times</hi>, of March 1, that 300 of the printers in the employ of the Messrs. Spottiswoode, would become policy holders, &c., &c., is not at all likely to be verified from the treatment I have experienced from the man Norris. The unity still exists. I
<hi rend="italic">can</hi> understand Baylis. An immediate answer will oblige yours, M. G. K."—"Her Majesty's Printing-office, New-street-square, Sat. night; C. W. Bevan, Esq. Dear Sir, the 200 prospectuses for
<lb/>warded me just now were swallowed up without supplying the entire of our workpeople; I think I could judiciously dispose of 200 more, and still not supply all hands; suppose you send me 300, the sooner the better, as they all "promise" to insure after they have heard my lecture. Yours respect
<lb/>fully, M. G. Keating")—after the reception of those letters I saw the de
<lb/>fendant on the next Monday morning—I called on Mr. Norris, at the office of Messrs. Spottiswoode, and requested to see Mr. Keating—I saw him, and said to him, in Mr. Norris's presence, "Mr. Keating, I have called for your apology to these two letters; unless you apologise I shall see Mr. Spottiswoode, your master"—he said that if I libelled him to his master he should bring an action against me—I then went with Mr. Norris to Mr. George Spottiswoode, and showed him these letters—the defendant was not present—I afterwards met the defendant in the street; he came up, but I did not speak to him—I received this letter from him, on or about the day it bears date—(
<hi rend="italic">read:</hi> "24th March, 13, Took's-court, Cursitor-street, Chancery-lane. Charles W. Bevan, Esq. Sir,—I this day had an interview with my principals. I find you have, by your statements to them, succeeded in your
<hi rend="italic">threat</hi> of ruining me, at least so far as respects my appointment in Her Majesty's Printing-office. Have you forgotten how inno
<lb/>cently I became acquainted with your office?—thus: About to deliver a private lecture in our lecture room, I sent for one of your prospectuses. I approved of its features. We had an interview. You gave me an order for printing.</p>
<xptr type="pageFacsimile" doc="185407030005"/>
<p>You forwarded to my office 500 books for gratuitous distribution amongst our work people. I wrote you a private note, that I would do what I could for your Company, and that I could promise perhaps 300.
<hi rend="italic">You made a statement at Oldham, saddling me with the responsibility of that assertion, received as a private communication.</hi> My bills and cards for the 11th were out You wrote me that, as it was the anniversary of your wedding, you had a party, and requesting me to postpone it to the 18th, as (to quote yourself) 'I intend mustering very strong; some of our Directors I will get to attend,' &c. &c. Well, my lecture came off Did I show any ill feeling towards you or your Company? Have I deserved such vindictiveness at your hands, merely from writing you a note for a few pounds on account, to pay for printing the fresh bills, &c. I wrote under excited feelings at the insulting language I received from Norris, of which I believe you are
<hi rend="italic">still unaware.</hi> I regret you should have extended your ill feeling so far as to deprive of bread my wife and little ones (at least so far as you are concerned). However, I suppose you can have no objection to amicably terminate our brief acquaintance, by remitting me a cheque for the printing account; bills, cards, &c. (postponing the lecture), for your purposes; advertising, fees to waiters, and incidental costs out of pocket, which you have induced me to become liable for, say 10
<hi rend="italic">l</hi>. If so,
<hi rend="italic">the matter rests here</hi>, and receive the final adieu of, Sir, your obedient servant, M. G. Keating. P. S. Now that I am out of the appointment (through your interview with my principals), I shall have leisure to give a few more lectures, and allude to passing events. The pamphlet is in the printer's hands,
<hi rend="italic">'Verbum sap."'</hi>)—I sent no answer to that—I know nothing about those expenses—I had no participation, and no benefit was to accrue to me from his lectures—on 1st April I received this bill and letter (
<hi rend="italic">read:</hi> "Mr. George M. Keating, to Luke James Hansard. March 8th, 1854, To 500 demy folio bills (thick paper), an
<lb/>nouncing lecture on Life Assurance, at Anderton's Hotel, for March 11th; March 13th, to 250 ditto (thin paper) postponing lecture till March 18th; to 150 invitatory refreshment tickets, 3
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>." "13, Took's-court, Cursitor-street, Chancery-lane, April 1st, 1854. C. W. Bevan, Esq., Secretary, Deposit Insurance-offices, to M. G. Keating. To amount of account for printing as above, 3
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>." "Bevan Miscreant!!!—As it is necessary to go through the
<hi rend="italic">legal</hi> form of furnishing you with the item of my printing account (before placing you in the defendant's box in the County Court), herewith you have it, 3
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. Unless the same be paid by 12 o'clock on Monday next, which I sincerely hope will not be done, it will empower my Counsel (one who knows your antecedents well) to demand answers to certain questions in your schedule, a copy of which will be produced in Court. (
<hi rend="italic">Signed</hi>) Michael George Keating, late of Her Majesty's Printing-office. P. S. In candour, I inform you my pamphlet is nearly out of the printer's hands. Amongst the numerous advertisements adorning the wrapper, will be a gratuitous one—'The
<hi rend="italic">Diddle-osit</hi> and General,' and the opinions of the press thereon!!! (See Reynolds' papers, &c.) Oh miacreant!!! next to the disgrace of ruining a man's domestic happiness with his wife,
<hi rend="italic">you</hi> have injured
<hi rend="italic">me</hi>!!! By false representations behind my back, you have succeeded in getting me out of Her Majesty's Printing-office!—and for what? For merely calling your 'man Friday,' an understrapper. I shall leave no stone unturned, now that I have
<hi rend="italic">nothing else</hi> to do, but to keep publishing to the world the pack of swindlers infesting your den. An extraordinary career has yours been!!! I know more than you are aware of; and if I cease in my endeavours to get
<hi rend="italic">you</hi> dismissed from the Deposit</p>
<xptr type="pageFacsimile" doc="185407030006"/>
<p>(or burst its
<hi rend="italic">bubble</hi>), may the affection of my wife and four children desert me!!! and may they heap curses on my memory when I am dead. I
<hi rend="italic">live now</hi> but to return
<hi rend="italic">your</hi> kind act!!! You threatened to take me before a Magistrate!!! Bounce!!!—why do not you? Coward!!!—ah, my Counsel will skin
<hi rend="italic">you alive</hi>, make a regular hare of you. You have mis
<lb/>taken your dupe when you got hold of Michael George Keating. To the Insurance Butterfly, late the prison grub, Charles W. Bevan. Bevan, I prognosticate your career!!! If your position has been bad or doubtful heretofore, it will be worse shortly. You, whose luxury a roseleaf must not ruffle, and whose nerves are so delicately attuned that a harsh note will jar them! you shall yet feel the injury you have done me!!! I shall take pains to show to the world how you fleece your subscribers in proportion to their ignorance, and in proportion to the consciences of Drumlanrig, Bevan, and Norris!!! for I do believe
<hi rend="italic">all</hi> the Company is thus embraced. Your vaunting prospectus, and where
<hi rend="italic">now</hi> printed, and the private intimation of the several estimates sent in by your provincial dupes, with their several prices annexed; your presumptuous assertion at Oldham, to throw dust in the eyes of your provincial dupes!! ah, believe me, all will appear in my paper, of which there are already 80,000 copies ordered of the
<hi rend="italic">first</hi> edition for
<hi rend="italic">gratuitous</hi> distribution, by
<hi rend="italic">honest Companies</hi>, not Diddle-osits. I hate myself for wasting so much time on so worthless a thing as a 'grub' or a 'butterfly.' My
<hi rend="italic">last request</hi> is, if having the semblance of a man, you will carry your threat into execution, and bring me before a Magistrate, for asking the settlement of a paltry account. I have got a good friend at my back, one who knows a thing or two of you, and your antecedents. God's curse light on you!!! As you have injured me, but I shall repay the compliment."
<hi rend="italic">Addressed</hi>, "C. W. Bevan, Secretary of the Diddle-osite and General Bubble. Open, to be read by the porters, &c.")—my messenger brought that letter to me—on 2nd May I received this paper—it was in an envelope, which was not fastened—(
<hi rend="italic">read:</hi> "Bough copy. The Deposit and General Life Insurance Company, 18, New Bridge-street, Blackfriars. Resident Director, C. W. Bevan, Esq.—Opinions of the Press.—
<hi rend="italic">The Deposit and General Assu
<lb/>rance office.</hi>—Our information respecting the Deposit and General, &c., &c. (Correspondents). See
<hi rend="italic">'Reynolds's Newspaper,'</hi> March 5th, 1854.—The
<hi rend="italic">Deposit and General Life</hi>, &c.—We have now before us a letter sent by C. W. Bevan, addressed to Mr. Bland, of Northampton, &c, &c. (correspon
<lb/>dents). See
<hi rend="italic">'Reynolds's Newspaper,'</hi> March 19th, 1854.—How about the butcher?—Meeting of the Deposit and General Assurance Company at
<hi rend="smallCaps">OLDHAM</hi>. See
<hi rend="italic">'Manchester Examiner and Times,'</hi> March 1st, 1854.—W. L.—A gentleman connected with this Journal waited on Mr. Bevan, &c. &c., (see
<hi rend="italic">Reynolds's Newspaper</hi>, March 26th, 1854) for particulars about the
<hi rend="italic">disgraceful</hi> scene of the torn coat and the
<hi rend="italic">'British Banner'</hi> newspaper. See Keating's Lecture on Life Assurance." "13, Took's-court, Chancery-lane. Now, Bevan, before I get Lord Drumlanrig to abandon your bubble, will you pay me? Believe me, you are earning a most unenviable notoriety. Reynolds—
<hi rend="italic">Verbum sap.</hi> You know what I mean.
<hi rend="smallCaps">BY CHRIST</hi>!!! I shall feel a delight in returning the compliment. You, by
<hi rend="italic">false representations</hi>, got me out of H. M. P. O. I shall get you
<hi rend="italic">kicked</hi> out of the Deposit. I have got plenty of backers, too anxious to fasten on you. So you have
<hi rend="italic">purchased silence</hi> from
<hi rend="italic">Upper</hi> Wellington-street, Strand. Monster!!! I shall
<hi rend="italic">stick to you</hi> till I see you
<hi rend="italic">humbled.</hi> I am
<hi rend="italic">working slow, but quiet and sure.</hi> R. G. K.")—("To the Editor of the
<hi rend="italic">'British Banner.'</hi> Sir, I lately delivered a gratuitous lecture at Anderton's Hotel on the subject of
<hi rend="italic">'the</hi> </p>
<xptr type="pageFacsimile" doc="185407030007"/>
<p>
<hi rend="italic">blessings attending the adoption of Life Assurance.'</hi> It is evident from the numerous attendance, and its freedom from partisanship, 'young' or 'old,' that the critiques in the journals are not altogether undeservedly rendered. It is painful to me to go into particulars, but in self-defence I feel bound to state the following facts. In Her Majesty's Printing-office there is a most admirable plan of education for the machine boys, reading boys, apprentices, and even adults (under the fostering charge of those amiable gentlemen, the Messrs. Eyre and Spottiswoode, H. M. printers). The 'readers' or 'correctors' on the establishment (of whom there is a staff of 25) each take a class, to contribute to the local 'treasury of useful knowledge.' I (as one of them) was solicited by Mr. William Spottiswoode to take the arithmetic class. I assented, but said I should prefer 'getting out of it' (
<hi rend="italic">as others had done</hi>) by giving a lecture; on learning my subject,
<hi rend="italic">'Life Assurances,'</hi> Mr. Spottiswoode was quite pleased, and so the matter was settled to come off in the lecture room attached to the office on the following Wednesday. To be better up in my Subject, I sent my son over to the
<hi rend="smallCaps">DEPOSIT OFFICE</hi>, in Bridge-street, Blackfriars, with my compliments, for one of their Prospectuses, as I heard they offered
<hi rend="italic">startling advantages.</hi> The Resident Manager asked who it was for, for what purpose, &c. He was answered. He forthwith re
<lb/>quested an interview with me; I duly attended. He suggested—would it not be better to give it in some
<hi rend="italic">public room</hi>, as our lecture room was so small; to hire Anderton's large room, not to mind the expense; to order a supper for my friends as far as a dozen pounds would go, as he was most anxious for a
<hi rend="italic">public</hi> opportunity, under
<hi rend="italic">such auspices</hi>, of refuting some
<hi rend="italic">dark rumours</hi> relative to his own antecedents, and some charges against the Chairman of
<hi rend="smallCaps">THE DEPOSIT</hi>. Further to induce me to yield to his request, he asked me (as he learned I was a printer) for an estimate for printing 100,000 Prospectuses of
<hi rend="smallCaps">THE DEPOSIT</hi> (showing me at the same time,
<hi rend="italic">in private</hi>, the respective estimates for the same from Manchester, Liverpool, Oldham, Birmingham, and other places). The above estimates varied from 8
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. down to 5
<hi rend="italic">l</hi>. per 100,000. He said, Do it for 6
<hi rend="italic">l</hi>. per 1,000 and you shall have an order for 100,000. I replied, I could do nothing in the matter without submitting it to my principals. I consulted them; they accepted the order, which is now being executed,
<hi rend="italic">on my recommendation at the time</hi>, but which I
<hi rend="italic">now</hi> regret for
<hi rend="italic">their</hi> sakes as well as my
<hi rend="italic">own.</hi> At Mr. Bevan's request, 500 copies of
<hi rend="italic">The Deposit</hi> (last year's) circulars were distributed to all employed in H. M. P. O., to induce some of them to insure. It was complied with. Two days after he saddled me with the responsibility of an assertion made by him at a meeting of his Company's shareholders at Oldham (see Keating's Lecture on Life Assurance), viz., 'That 300 of the compositors in the Messrs. Spottiswoodes' were about to join
<hi rend="italic">The Deposit</hi> after a careful examination,' &c., &c. This gave
<hi rend="italic">serious</hi> offence to my principals, who challenged me with it I wrote Mr. Bevan a strong note, condemnatory of his assertion, and as I wished to cease our brief acquaintance, to settle my account. I was met with evasion, and ultimately downright insult from himself and his understrapper Norris (Assistant Secretary), his former companion in the Queen's Bench. The result is, I was compelled to place the matter in the hands of my solicitor (Mr. Archer, Clement's-lane, City), who has instructions to proceed forthwith. It is lamentable, Mr. Editor, that the many responsible names figuring in the list of Directors of
<hi rend="italic">The Deposit</hi> should be so tarnished by being associated with that of Charles W. Bevan, Resident Manager. Surely chaos must be come again, or Lord Viscount Drumlanrig, M. P., P. C., Comptroller of Her Ma
<lb/>jesty's</p>
<xptr type="pageFacsimile" doc="185407030008"/>
<p>Household, must have been misled, to allow his name to be associated with that of such a scamp as Bevan. The sooner his Lordship publicly dis
<lb/>avows all connection with the
<hi rend="smallCaps">'DIDDLE-OZIT'</hi> or
<hi rend="smallCaps">'DEPOSIT'</hi> the better for himself, for he will stand higher in an
<hi rend="italic">Imperial</hi> point of view, than have his name dragged into County Courts and Lord Mayor's Courts all through the backslidings and antecedents of Charles W. Bevan, present Resident Manager, late Queen's Bench
<hi rend="italic">'grub,'</hi> now the New Bridge-street Insurance
<hi rend="italic">'butterfly.'</hi> I am, Sir, your obedient servant, M. G. Keating.")—that was left in an open envelope at the office—(
<hi rend="italic">another letter read:</hi> "13, Took's-court, Cursitor-street, May 7, 1854. Mr. Bevan,—Your collusion with Petter, my printer, to injure the sale of my pamphlet on Life Assurance I was
<hi rend="italic">not</hi> prepared for; however, as I have now in
<hi rend="italic">another</hi> printer's hands a
<hi rend="italic">second lecture</hi>, not yet delivered, to be published at
<hi rend="italic">one penny</hi>, nearly the entire of which will be analysation of
<hi rend="italic">The Deposit</hi>, and the antecedents of C. W. Bevan, as published in
<hi rend="italic">Reynolds's Newspaper</hi> of March 5th, 12th, 26th; April 9, 23rd, 30th;
<hi rend="italic">and this day</hi>, May 7, 1854, I must congratulate you on the good service you have unwittingly done me. This day week I lecture in Liverpool, visiting
<hi rend="italic">Oldham</hi> and other towns
<hi rend="italic">en route</hi> to Dublin, thence to the south, west, and north of Ireland, over to Scotland, home through the north of England; in each town I beg to inform you I have permission from my present employers to lecture on the relative merits of
<hi rend="italic">Mushroom Companies</hi> and
<hi rend="italic">Swindling Secretaries</hi>, in contrast to the security and stability of the Company I have now the honour to serve, upwards of forty years established. Believe me, Bevan, I shall give the
<hi rend="italic">Diddle</hi>-osit a lift. See
<hi rend="italic">Morning Chro
<lb/>nicle</hi>, April 26, book advertisements; ditto
<hi rend="italic">Daily News</hi>, ditto; ditto
<hi rend="italic">Morning Advertiser;</hi> ditto the
<hi rend="italic">Times</hi>, April 27, ditto. Put the telegraph to work for
<hi rend="italic">leave</hi> to put up
<hi rend="italic">the shutters!!!</hi> or pay me (before I go on my journey) my honest account, amount 11
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., costs 1
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>.—12
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>., and I shall cease to think of you or your Company. I leave on Tuesday. Country printers are not like Mr. Petter, as he declares himself your friend, and a shareholder in
<hi rend="italic">Dosit.</hi> Petter's solicitor informs me he had to indict you at the bar of the Old Bailey—my indictment shall
<hi rend="italic">grace the walls</hi> of every town I pass through, and the editorial sanctum of every journal published in such town; I am known on the country press. I thank you,
<hi rend="italic">Grub;</hi> your perse
<lb/>cution has procured for me an appointment of 200
<hi rend="italic">l</hi>. a year, and 20
<hi rend="italic">s</hi>. per diem travelling expenses, with a
<hi rend="italic">carte blanche</hi> to choose my own route. Still I say, pay my wife my account, and I shall cease to think of you or your Company."—I received that letter through the post—I cannot say when, as one letter followed the other so fast that I put them in a drawer every morning, and sometimes two or three times a day I had them—I afterwards received this other letter, which purports to be a copy of one sent to
<hi rend="italic">Reynolds's Newspaper</hi>—(
<hi rend="italic">read:</hi> "A dashing-looking fellow, on his emerging from the Bench (after a remand from the Insolvent Court), thought, in the year 1852, that the best mode of supplying his necessities would be to open an Insurance-office for the receipt of moneys as
<hi rend="italic">Deposit</hi> in exchange for the sale of annuities, &c., &c. The plan was notable, but required assistance; and a coadjutor worthy his friendship was found in a fellow prisoner named N—r—is, expelled from the Secretary ship of a highly respectable Insurance-office for manipulation of its funds. These prison birds at once confederated together, and found no great difficulty in their way. The chief capital demanded by such an undertaking, on the part of the concoctors, was unbounded impudence; and on that of the public, unbounded credulity. Having joined their purses to produce a flaming</p>
<xptr type="pageFacsimile" doc="185407030009"/>
<p>prospectus, and taken an office in Bridge-street, Blackfriars, their next plan was to concoct a Directory of gentlemen, who, while they attracted public attention, and seemed a pledge for the respectability of the Company, should yet mislead those who were not familiar with the financial world. This was an easy task, and in due time the most honourable names in London were openly published as being Directors, &c. Trusting to the faith of the public in great mercantile firms, there was scarce a banker, a brewer, or merchant, whose patronymic (but with different initials, or misspelling the name) was not used by these Jeremy
<hi rend="italic">Diddlers</hi> to forward their views. Everything thus prepared, they turned their attention to statistics; and here, again, there was no great obstacle. In order to procure business, it was necessary to offer tempting terms, so they liberally proposed to serve the public 30 per cent. lower than any other office, although, with all the existing competition, the greatest difference hitherto had been from 1 to 1 1/2 per cent.; and in addition to this, these bad men committed the glaring impudence of granting Life Assurances for much smaller premiums, and selling Annuities on much lower terms than any other office; terms so palpably wrong that a man aged thirty, by paying 1,000
<hi rend="italic">l</hi>., could obtain a Life Annuity of 80
<hi rend="italic">l</hi>., and by paying 17
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. of this to insure his life, could receive 6 1/4 per cent for his
<hi rend="italic">Deposit</hi>, and secure his capital to his represen
<lb/>tatives. Having thus arranged preliminaries, and secured the Comptroller of Her Majesty's Household, M. P., as chairman, they opened their office and commenced business. They had the precaution to select respect
<lb/>able agents, and by giving a commission of 25 per cent. where other Com
<lb/>panies only gave 5 per cent. thus stimulated the agents to say all they could in their favour. The terms were very attractive. There is always a large uninitiated class, ready and willing to be duped, and the business went on swimmingly. If a man wanted to insure his life, there was no difficulty about his health. If a man wished to purchase an annuity, they were quite willing to dispense with baptismal certificates in London, Dublin, Edin
<lb/>burgh, Glasgow,
<hi rend="italic">Oldham</hi>, &c., &c. Large and handsome offices were opened in Bridge-street, Blackfriars, for the reception of
<hi rend="smallCaps">THE DEPOSITS</hi> of the unwary, and the public thus induced to play its part in this most serious drama of real life. The poor and less intelligent portion of the community, lured by terms which had never before tempted them, took their spare cash and
<hi rend="italic">deposited</hi> it in the safe (?) keeping of these worthies. Rich men were not less dazzled by the golden promises, and one person, who had toiled, and worked, and grown prematurely old in the service of mammon, invested
<hi rend="italic">his all</hi> in the purchase of an Annuity; and in order to secure the capital, insured with them his life. He is now a beggar!!! A family, which with great industry, and by doing without a servant for forty years, had saved enough to retire from business,
<hi rend="italic">deposited</hi> the principal portion in this
<hi rend="italic">Bank of Elegance</hi> just in time to be next day made acquainted, by public advertisement in the
<hi rend="italic">Times</hi> and other papers, that the Company (to keep the game alive) were about issuing 100,000
<hi rend="italic">new</hi> shares, at a discount of 25 per cent. from the original shares, but that when the new shares had been paid for, their
<hi rend="italic">'Deposit'</hi> would be refunded, &c., &c. A governess who had been left a small property, and bought a deferred annuity with the proceeds in this Bubble Company, lately died of a low fever and anxiety of mind by being 'bounced' out of her
<hi rend="italic">'Deposit.'</hi> These prison birds,
<hi rend="italic">'arcades ambo,'</hi> have availed themselves hitherto of every vehicle to publish their advertisements. The daily and weekly papers, the monthly and quarterly journals, all bear</p>
<xptr type="pageFacsimile" doc="185407030012"/>
<p>
<hi rend="italic">un</hi>-prepaid testimony to the zeal of the Resident Manager, in the shape of shameless advertisements (for the payment of which the Directors have to be sued in the various County Courts in Great Britain and Ireland); but the walls of the provincial towns will shortly blaze with coloured posters, cautioning the unwary against being
<hi rend="italic">'diddled.'</hi> Even now, not a single advertisement will get insertion in any paper, unless pre-paid. The
<hi rend="italic">'Deposits'</hi> thus received are liberally spent. The noble Chairman, being a sporting character, backs 'The Spider' for 500
<hi rend="italic">l</hi>., and 'Johnny Walker' for another 500
<hi rend="italic">l</hi>., but in this latter battle (see
<hi rend="italic">Belts Life</hi>, May 7, under head 'The Ring,') fearing 'a cross,' directs the 80
<hi rend="italic">l</hi>. deposited on account, to be handed over to his 'Pet's' opponent. The Resident Manager keeps his saddle horses and carriage horses; servants in gorgeous liveries; fares sumptuously every day; lives in the house in Bridge-street, and, being of a convivial character, astonishes that quiet Assurance-street with gay parties, lighted rooms, musical soirees, and expensive dinners—the last, at Radley's, cost 200
<hi rend="italic">l</hi>.—of course, paid for out of his own salary!!! But there are dark rumours afloat since the publication of Keating's Lecture on life Assurance, which should make men hesitate before they give this fellow their countenance or support. It is known they have thrown some difficulties in the way of paying some annuities in the country; and that, without any justice, they have refused to discharge a Life Assurance claim which had become due; still, what is everybody's business is nobody's business, and they thought they had hedged themselves with such a conventional respectability, and gave such good dinners (at the policy holders' expense) that it was not till Mr. Keating had the nerve, single handed, to grapple with the bubble, that they were compelled to yield. So great was their
<hi rend="italic">prestige</hi> that, though he came fierce and furious, and bearded them in their own house, and before the very faces of their friends; though he told the ladies and gentlemen present he was swindled, and that their
<hi rend="italic">host</hi> was the swindler, ultimately he was compelled to resort to the Lord Mayor's Court for the recovery of a petty account for printing and hotel expenses paid out of pocket for this Resident Manager. The following extract from
<hi rend="italic">The Reformer</hi> will close this week's notice of the
<hi rend="italic">Diddle-osit:</hi> 'Some time ago there was sent to this office a series of advertisements in favour of The Deposit and General Assurance Company, which were entered and paid for in the regular course of business. We are cautious about admitting indelicate quack medical advertisements, but it never entered into our heads for one moment that an Insurance Company professing to be incorporated by special Acts of Parli
<lb/>ment was, in truth, a quack Company, got up for the premeditated purpose of imposing upon the public in matters of life assurance and annuities. Hence the advertisements of the Deposit and General glided through our columns from time to time. But we were astonished this week to learn that it is a spurious mushroom Company, hatched in the Queen's Bench prison, about two years ago, by a pair of scamps bankrupt in character as well as in purse. Under these circumstances, our duty, we humbly con
<lb/>ceive, is at once plain and decisive, and therefore we proceed to discharge it, for the sake of the public, whose faithful and unflinching servants we at all times profess to be. In a word, we raise our voice and warn the public against "The Deposit and General Insurance Company." It is a false and fictitious Company. In their policies of Insurance they take care to provide, viz., "That the capital, stock, and funds of the said Company shall alone be answerable to the demands thereupon under this policy." Why, what is the</p>
<xptr type="pageFacsimile" doc="185407030013"/>
<p>value of their capital, stock, and funds, if, as we repeat, the parties them-selves, forming the said Company, are utterly worthless, being, in fact, no better than a parcel of tricksters in London, disowned, or repudiated, or condemned, by every respectable person to whom reference is made? There can scarcely, we think, be anything so base or so nefarious as taking "De
<lb/>posits" or premiums from unsuspecting people, and making them believe they are secured against the contingencies of life, or the risk of fire, and then mocking them in their calamities when the
<hi rend="italic">Bubble bursts.'"</hi>)—I cannot recollect how I received that, but it is most likely that it was left in the letter box—it was in a letter addressed to myself, but I always throw the envelopes away.</p>
<p>
<hi rend="italic">Prisoner.</hi> It went through the post; it took four stamps.
<hi rend="italic">Witness.</hi> I cannot tell whether it was open or enclosed, but it was left in the letter box; it never came through the post at all—yes, it was enclosed in a letter to me, threatening to publish it if I did not pay his bill—this paper accom
<lb/>panied the document (
<hi rend="italic">produced</hi>)—it was enclosed with this paper in an envelope directed to me, and left at my office (
<hi rend="italic">This being read, desired that payment of the defendant's account should be made to his wife before the Monday following, in default of which the paper would be published</hi>)—I received that in May—I had nothing whatever to do with the foundation of this Assurance Society; it was founded three years before I went to it—it is carrying on business in the regular way, and is in perfectly solvent circumstances—none of these imputations are founded on fact—I have had the misfortune to become insolvent, but I have paid thirty-one out of forty-seven creditors 20
<hi rend="italic">s</hi>. in the pound—I was appointed to this Company the moment I came out; I have got my schedule in my pocket, and I have made arrangements to pay the remainder of my creditors.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Bid you give me any order to induce me to give the lecture at Anderton's hotel, instead of in the private lecture room?
<hi rend="italic">A.</hi> Certainly not—I did not send one of my clerks to you to say that I would be account
<lb/>able for the postponement—you sent me your lecture; that was not at my request—I erased some scurrilous matter from it—I did not erase the name of Baylis and put in that of Bevan—to induce you to give the lecture at Anderton's I did not say, "Give me an estimate for 100,000 prospectuses," nor did I say 20,000 first—I know my own writing—this paper (
<hi rend="italic">handed to him by the prisoner</hi>) is my writing—I cut out about Reynolds—I did tell you that the day proposed for the lecture was my wedding day, and I asked you to postpone it, but I did not fix any day; you postponed it from the 6th to the 9th—I did not promise to pay your expenses—I did not change the place of the lecture.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> There is your own handwriting for it—did not you say, "When you do give your lecture, I do not mind the expense; send me in as many copies as you like?"
<hi rend="italic">A.</hi> No.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-7" type="witnessName">
<interp inst="t18540703-name-7" type="gender" value="male"/>
<interp inst="t18540703-name-7" type="surname" value="TRIM"/>
<interp inst="t18540703-name-7" type="given" value="JOHN"/>JOHN TRIM</persName> </hi>. I am servant to Mr. Bevan, at No. 18, New Bridge-street, Blackfriars. I found this letter of 1st April in the letter box, and wrote upon it this, "Found in the letter box"—this letter of 7th May the defendant's little boy gave me—it was closed, but there was no envelope; it was not wafered, sealed, or tied round, with anything.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-8" type="witnessName">
<interp inst="t18540703-name-8" type="gender" value="male"/>
<interp inst="t18540703-name-8" type="surname" value="WEST"/>
<interp inst="t18540703-name-8" type="given" value="JAMES"/>JAMES WEST</persName> </hi>. I am porter at the Insurance-office—I found this other letter in the letter box; it was sealed—I believe Mr. Bevan was out at the time, and it was put on his table with whatever letters were waiting.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I felt myself very much aggrieved at the treatment I met with from the prosecutor, and perhaps I exceeded propriety, for when</p>
<xptr type="pageFacsimile" doc="185407030014"/>
<p>paper is before me I scribble away; but as I am going to Turkey I am not likely to do it again, and I have two friends who will be bail for me.</p>
<p>
<rs id="t18540703-809-verdict-1" type="verdictDescription">
<interp inst="t18540703-809-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540703-809-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">on</hi> 2
<hi rend="italic">nd Count.</hi> </rs>
<rs id="t18540703-809-punishment-2" type="punishmentDescription">
<interp inst="t18540703-809-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18540703-809-punishment-2" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-809-18540703 t18540703-809-punishment-2"/>
<hi rend="italic">Confined Three Months;</hi> </rs>
<hi rend="italic">and</hi>
<rs id="t18540703-809-punishment-3" type="punishmentDescription">
<interp inst="t18540703-809-punishment-3" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18540703-809-punishment-3" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-809-18540703 t18540703-809-punishment-3"/>
<hi rend="italic">to enter into his own Recognizances in the sum of</hi> 50
<hi rend="italic">l., and two Sureties of</hi> 25
<hi rend="italic">l. each, to be of good behaviour for Twelve Months.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18540703-810">
<interp inst="t18540703-810" type="uri" value="sessionsPapers/18540703"/>
<interp inst="t18540703-810" type="date" value="18540703"/>
<join result="criminalCharge" id="t18540703-810-charge-1" targOrder="Y" targets="def1-810-18540703 t18540703-810-offence-1 t18540703-810-verdict-1"/>
<p>810.
<persName id="def1-810-18540703" type="defendantName">
<interp inst="def1-810-18540703" type="gender" value="male"/>
<interp inst="def1-810-18540703" type="age" value="49"/>
<interp inst="def1-810-18540703" type="surname" value="ROBERTS"/>
<interp inst="def1-810-18540703" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN ROBERTS</hi> </persName>
<rs id="t18540703-810-offence-1" type="offenceDescription">
<interp inst="t18540703-810-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18540703-810-offence-1" type="offenceSubcategory" value="fraud"/>, unlawfully conspiring to defraud
<persName id="t18540703-name-10" type="victimName">
<interp inst="t18540703-name-10" type="gender" value="male"/>
<interp inst="t18540703-name-10" type="surname" value="MORRIS"/>
<interp inst="t18540703-name-10" type="given" value="HOMER"/>
<join result="offenceVictim" targOrder="Y" targets="t18540703-810-offence-1 t18540703-name-10"/>Homer Morris</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MR. ROBINSON</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-11" type="witnessName">
<interp inst="t18540703-name-11" type="gender" value="indeterminate"/>
<interp inst="t18540703-name-11" type="surname" value="MORRIS"/>
<interp inst="t18540703-name-11" type="given" value="HOMER"/>HOMER MORRIS</persName> </hi>. I am a seaman, and live in Grundy Ann-street, Poplar. On 19th Dec. I was coming down Ratcliff-highway, in company with a ship-mate named Johnston—we got into conversation with the prisoner—he said he was the owner of a ship—we all went to a public house in Wapping—the prisoner called for a pint of ale, and paid for it—there were three other persons in the room when we went in—shortly after we went in two of them went out, leaving the prisoner and another man there—another man came in after awhile, and he got in conversation about a dog that he had—there were then five of us in company—the last man came in soon after we got there—he said he had come up from the country to receive some money; that he went to an hotel, and had left a favourite dog of his there; that the dog was stolen, and that they had left a little lock and a string—he showed us the lock, and said there was no man in London who could open it—he said he gave a guinea for it—the prisoner was then in our company, sitting alongside of me—the man showed us the lock, and handed it to the prisoner, and then went out of the room—the prisoner then said that we would bet him a glass of brandy and water round that we would open it, and the pri
<lb/>soner and I opened it together—he said to me, "Take hold of it, and see if you can't open it," and between us we opened it—I opened it three or four times after that, and then the prisoner said, "We will bet him a glass of brandy and water round, if it is agreeable to the company"—the man that the lock belonged to then came in, and said, "I will bet you any amount of money that no man in the room will open the lock"—the prisoner took out a sovereign, and said, "There is a sovereign, I will stake this"—he asked me if I would bet anything—I said, "I have only half a sovereign about me, but I will bet that that I will open it"—I took out the half sovereign, and gave it to the prisoner—he handed it, with the sovereign that he had, to the man that the lock belonged to—that was after I attempted to open the lock—I attempted to open it and could not—it was to be opened while the man it belonged to was to count ten—he counted ten, and I could not open it, and the prisoner handed the money to him, and the prisoner then said to me, "Have you any more money? will you bet any more?"—I said, "I have no more money about me"—he said, "Can you get any more?"—I said, "I have a little more money at home, but I am living down at Poplar New Town, which is away from here"—he said that he would go and get some money from a friend of his, it was all in his way—we all five went out together—we went to Blackwall, and I went home and got a 20
<hi rend="italic">l</hi>. note—I got it cashed at Mr. Luff's, and afterwards joined the prisoner and the others in the East India-road—we went to a public house in Robin Hood lane—the man to whom the lock belonged then said, "Now we will commence"—one of the party that was to open the lock took out a note—there was a bet made—the man that was to open the lock said, "Give me the money, and I will keep it"—I betted 15
<hi rend="italic">l</hi>. with the man that the lock belonged to—I handed my money in, but the others did not put their money down—the prisoner betted—I do not know how much, he did not produce any money then—I</p>
<xptr type="pageFacsimile" doc="185407030015"/>
<p>handed my 15
<hi rend="italic">l</hi>. to the man that was to open the lock, and he gave it to the prisoner, who was to hold the stakes—the man who was to open it said, "Bet any amount of money that you think fit, I will forfeit my head but I will open the lock"—that was the stranger that I had found sitting there when I first went into the public house—I at first offered to bet 10
<hi rend="italic">l</hi>., but the man that was to open the lock said, "Now bet any amount of money that you have got"—I said, "Well, I will bet 5
<hi rend="italic">l</hi>. more, that is all I will bet"—he tried to persuade me to bet more, but I would not—he was to open it while the man it belonged to counted ten—he commenced trying to open it, but could not, and when about five had been counted he handed it to me, and said, "Try if you can open it"—I could not—the man that tried to open it then said to me, "We will see you again in a few minutes," and they all three went out—I had paid my 15
<hi rend="italic">l</hi>.—the prisoner held the stakes—they all three went out together and never returned—I did not see anything more of the prisoner until a Friday in the early part of June—I then saw him in company with one of the other men—the other got away—I gave the prisoner into custody—when we were all in the room, one of the parties put down a note and took it up again—that was the man that was to open the lock—the prisoner was in the room at the time—I did not see what the note was, I do not know whether it was good or bad.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-12" type="witnessName">
<interp inst="t18540703-name-12" type="gender" value="indeterminate"/>
<interp inst="t18540703-name-12" type="surname" value="BURGESS"/>
<interp inst="t18540703-name-12" type="given" value="LAURENE"/>LAURENE BURGESS</persName> </hi> (
<hi rend="italic">policeman, H</hi> 190). On a Friday morning, early in June, I went to a public house with the prosecutor, where I found the pri
<lb/>soner—I charged the prisoner with having defrauded the prosecutor out of 15
<hi rend="italic">l</hi>.—he said, "He has made a mistake in the man"—I searched him, and found these three notes of the Bank of Engraving and three gilt medals—I said, "What is this you have here?" he said, "Oh, merely medals"—when I took out the notes, he said, "It is merely waste paper."</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-13" type="witnessName">
<interp inst="t18540703-name-13" type="gender" value="indeterminate"/>
<interp inst="t18540703-name-13" type="surname" value="MORRIS"/>
<interp inst="t18540703-name-13" type="given" value="HOMER"/>HOMER MORRIS</persName> </hi> (
<hi rend="italic">re-examined</hi>). The man I met with the prisoner was the man who had the lock, he got away while I was looking for a policeman—my shipmate Johnston was with me all the time at the public houses—he is at sea.</p>
<p>
<hi rend="smallCaps">
<rs id="t18540703-810-verdict-1" type="verdictDescription">
<interp inst="t18540703-810-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540703-810-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 49.—
<hi rend="italic">
<rs id="t18540703-810-punishment-4" type="punishmentDescription">
<interp inst="t18540703-810-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18540703-810-punishment-4" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-810-18540703 t18540703-810-punishment-4"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, July</hi> 3
<hi rend="italic">rd</hi>, 1854.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>—Mr. Ald.
<hi rend="smallCaps">CHALLIS</hi>; Sir
<hi rend="smallCaps">ROBERTR WALTER CARDEN</hi>, Ald.; and
<hi rend="smallCaps">RUSSELL GURNEY</hi>, Esq.</p>
<p>
<hi rend="italic">Before Russell Gurney, Esq., and the Fifth Jury.</hi> </p>
<div1 type="trialAccount" id="t18540703-811">
<interp inst="t18540703-811" type="uri" value="sessionsPapers/18540703"/>
<interp inst="t18540703-811" type="date" value="18540703"/>
<join result="criminalCharge" id="t18540703-811-charge-1" targOrder="Y" targets="def1-811-18540703 t18540703-811-offence-1 t18540703-811-verdict-1"/>
<p>811.
<persName id="def1-811-18540703" type="defendantName">
<interp inst="def1-811-18540703" type="gender" value="male"/>
<interp inst="def1-811-18540703" type="surname" value="M'INTYRE"/>
<interp inst="def1-811-18540703" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM M'INTYRE</hi> </persName> was indicted
<rs id="t18540703-811-offence-1" type="offenceDescription">
<interp inst="t18540703-811-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18540703-811-offence-1" type="offenceSubcategory" value="embezzlement"/> for embezzlement.</rs> </p>
<p>
<hi rend="smallCaps">MR. GIFFARD</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-15" type="witnessName">
<interp inst="t18540703-name-15" type="gender" value="male"/>
<interp inst="t18540703-name-15" type="surname" value="WATERLOW"/>
<interp inst="t18540703-name-15" type="given" value="SIDNEY HEDLEY"/>SIDNEY HEDLEY WATERLOW</persName> </hi>. I am one of the firm of Alfred James Waterlow, and others, printers, No. 66, London-wall. The prisoner was in our service ten or twelve months; he collected advertisements for us—he has never accounted to me for 2
<hi rend="italic">l</hi>. received from Mr. Phillips on 1st Aug., or 4
<hi rend="italic">l</hi>. received on 10th Oct.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> Did you engage him?
<hi rend="italic">A.</hi> No, Mr. Lipscomb did—he was to collect advertisements on commission, to render an account monthly, on the 5th of the month, and to receive the sum due to him on the 15th—the commission due to him would be on the advertise
<lb/>ments inserted in the month for which the account was rendered, to be inserted in the
<hi rend="italic">Northern Railway Times</hi>—no commission was to be due on advertisements prospective—if he got an order in June for advertisements to be inserted in July or Aug., or Oct., he would not be entitled to it—these</p>
<xptr type="pageFacsimile" doc="185407030016"/>
<p>advertisements were paid for to a collector, who was authorized to collect them—the prisoner did not generally collect the money—the money for the advertisements was generally paid to the collector—if the prisoner came to us with an advertisement, there was generally a written order—we insert the advertisement in compliance with the order, and we send the collector to get the money—we give credit—if an advertisement is sent on 3rd July, it would not be inserted till Aug.—the money would not be due till Oct.—the accounts would be sent, and the collector would call in course—where there were no written orders there were verbal orders by the prisoner, who was the advertisement collector, and occasionally he would bring in money, but it was not his particular duty—in cases where he came to us with advertisements and no written order he did not render himself responsible for it, certainly not—we never booked an advertisement to him since he has been in our service—if he brought an advertisement to us we should take his opinion as to the person—he never paid an advertisement in advance to my knowledge.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-16" type="witnessName">
<interp inst="t18540703-name-16" type="gender" value="male"/>
<interp inst="t18540703-name-16" type="surname" value="PHILLIPS"/>
<interp inst="t18540703-name-16" type="given" value="GEORGE"/>GEORGE PHILLIPS</persName> </hi>. I am a tobacco pipe manufacturer, in Lyon-street, Caledonian-road—the prisoner has been in the habit of collecting advertise
<lb/>ments from me, for the
<hi rend="italic">Northern Railway Times.</hi> On 1st Aug. I paid him 2
<hi rend="italic">l</hi>. by a cheque—this is it—on 10th Oct. I paid him 4
<hi rend="italic">l</hi>. by a cheque—this is it—he gave me these receipts for them.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Did you give him orders for the first advertisement?
<hi rend="italic">A.</hi> Yes, decidedly—the arrangement was to insert it six times for 2
<hi rend="italic">l</hi>., and I was to pay him in advance—I did not give him a written order—2
<hi rend="italic">l</hi>. was the first sum I paid him.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-17" type="witnessName">
<interp inst="t18540703-name-17" type="gender" value="male"/>
<interp inst="t18540703-name-17" type="surname" value="LIPSCOMB"/>
<interp inst="t18540703-name-17" type="given" value="JOHN HENRY"/>JOHN HENRY LIPSCOMB</persName> </hi>. I was clerk and cashier to Messrs. Waterlow till 1st Jan. last. I have not received from the prisoner 2
<hi rend="italic">l</hi>., as received from Mr. Phillips on 1st Aug.—he paid, on 10th Dec., 18
<hi rend="italic">s</hi>., as received from Mr. Phillips—he has not paid the balance of 4
<hi rend="italic">l</hi>. to me.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Were you at Messrs. Waterlow's when the prisoner came to collect for them?
<hi rend="italic">A.</hi> Yes, I was cashier, and received the money from the collector, Wilkins—I very seldom received money from the prisoner—I think the money he has paid me has been for one or two other cases, besides Mr. Phillips's—on 10th Dec. he paid me 18
<hi rend="italic">s</hi>.—this is the entry, "By allowance for duty, 3
<hi rend="italic">s</hi>.; by cash, 18
<hi rend="italic">s</hi>.; that was for advertisements inserted in Oct.—this is the commencement of Mr. Phillips's account—on 26th Sept. the prisoner paid me 14
<hi rend="italic">s</hi>. for a ready money transaction—this was paid as soon as the advertisement was inserted—he brought the verbal order for this in Aug.—I do not know that he paid this out of his own pocket—I understood he had got the money—these two were inserted in Sept, and he paid me this 14
<hi rend="italic">s</hi>.—there were some insertions in Oct., and for these he paid me 18
<hi rend="italic">s</hi>. in Dec.—in November there are three insertions not paid for, and in Jan., Feb., March, April, and May—he said Mr. Phillips was a friend of his, and I inserted it understanding as Mr. Phillips was a friend of his, it was to go on for several years, and he would see that Mr. Phillips paid it.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Is there any different charge if it was paid ready money?
<hi rend="italic">A.</hi> No.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-18" type="witnessName">
<interp inst="t18540703-name-18" type="gender" value="male"/>
<interp inst="t18540703-name-18" type="surname" value="BALL"/>
<interp inst="t18540703-name-18" type="given" value="EDWIN"/>EDWIN BALL</persName> </hi>. I am at present cashier to the prosecutor. The prisoner has never accounted to me for 2
<hi rend="italic">l</hi>. received from Mr. Phillips on 1st Aug., nor for 3
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. received on 10th Oct., or for any portion of the 4
<hi rend="italic">l</hi>.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Has he sent his own account in since 1st Jan.?
<hi rend="italic">A.</hi> Yes, he has given credit for bills—these are his accounts—this one is for</p>
<xptr type="pageFacsimile" doc="185407030017"/>
<p>May—he gives credit here for 2
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., that he had received from Mr. Phillips; that he debits himself with—here is the one for June; in June, he gives credit for 3
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. for Mr. Phillips—there is now 2
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>. due to the prisoner, after debiting him with those sums that we charge him with embezzling.</p>
<p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> You assume that he owes your firm 6
<hi rend="italic">l</hi>. for these two receipts?
<hi rend="italic">A.</hi> Yes.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Suppose you debit him the 2
<hi rend="italic">l</hi>. in Aug., and the 4
<hi rend="italic">l</hi>. in Oct., is there still a balance of 2
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>. due to him?
<hi rend="italic">A.</hi> No.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-19" type="witnessName">
<interp inst="t18540703-name-19" type="gender" value="male"/>
<interp inst="t18540703-name-19" type="surname" value="PHILLIPS"/>
<interp inst="t18540703-name-19" type="given" value="GEORGE"/>GEORGE PHILLIPS</persName> </hi>
<hi rend="italic">re-examined. Q.</hi> How much in the whole have you paid to the prisoner?
<hi rend="italic">A.</hi> Twelve pounds—I paid him two other cheques, 2
<hi rend="italic">l</hi>. on 11th Feb., and 4
<hi rend="italic">l</hi>. on 10th April—I was not a Mend of his; I never knew him till he came to collect advertisements.</p>
<p>
<hi rend="smallCaps">
<rs id="t18540703-811-verdict-1" type="verdictDescription">
<interp inst="t18540703-811-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18540703-811-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18540703-812">
<interp inst="t18540703-812" type="uri" value="sessionsPapers/18540703"/>
<interp inst="t18540703-812" type="date" value="18540703"/>
<join result="criminalCharge" id="t18540703-812-charge-1" targOrder="Y" targets="def1-812-18540703 t18540703-812-offence-1 t18540703-812-verdict-1"/>
<p>812.
<persName id="def1-812-18540703" type="defendantName">
<interp inst="def1-812-18540703" type="gender" value="male"/>
<interp inst="def1-812-18540703" type="surname" value="M'INTYRE"/>
<interp inst="def1-812-18540703" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM M'INTYRE</hi> </persName> was
<hi rend="italic">again</hi> indicted
<rs id="t18540703-812-offence-1" type="offenceDescription">
<interp inst="t18540703-812-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18540703-812-offence-1" type="offenceSubcategory" value="embezzlement"/> for embezzling 6
<hi rend="italic">l</hi>.</rs> </p>
<p>
<hi rend="smallCaps">MR. GIFFARD</hi>
<hi rend="italic">offered no evidence.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18540703-812-verdict-1" type="verdictDescription">
<interp inst="t18540703-812-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18540703-812-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18540703-813">
<interp inst="t18540703-813" type="uri" value="sessionsPapers/18540703"/>
<interp inst="t18540703-813" type="date" value="18540703"/>
<join result="criminalCharge" id="t18540703-813-charge-1" targOrder="Y" targets="def1-813-18540703 t18540703-813-offence-1 t18540703-813-verdict-1"/>
<join result="criminalCharge" id="t18540703-813-charge-2" targOrder="Y" targets="def1-813-18540703 t18540703-813-offence-2 t18540703-813-verdict-1"/>
<join result="criminalCharge" id="t18540703-813-charge-3" targOrder="Y" targets="def1-813-18540703 t18540703-813-offence-3 t18540703-813-verdict-1"/>
<p>813.
<persName id="def1-813-18540703" type="defendantName">
<interp inst="def1-813-18540703" type="gender" value="male"/>
<interp inst="def1-813-18540703" type="age" value="16"/>
<interp inst="def1-813-18540703" type="surname" value="ATKINSON"/>
<interp inst="def1-813-18540703" type="given" value="SAMUEL"/>
<hi rend="largeCaps">SAMUEL ATKINSON</hi> </persName>
<rs id="t18540703-813-offence-1" type="offenceDescription">
<interp inst="t18540703-813-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18540703-813-offence-1" type="offenceSubcategory" value="forgery"/>, forging a receipt for 2
<hi rend="italic">s</hi>., with intent to defraud: </rs>
<hi rend="italic">also</hi>,
<rs id="t18540703-813-offence-2" type="offenceDescription">
<interp inst="t18540703-813-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t18540703-813-offence-2" type="offenceSubcategory" value="forgery"/>a receipt for 2
<hi rend="italic">s</hi>., with intent to defraud:</rs>
<hi rend="italic">also</hi>,
<rs id="t18540703-813-offence-3" type="offenceDescription">
<interp inst="t18540703-813-offence-3" type="offenceCategory" value="deception"/>
<interp inst="t18540703-813-offence-3" type="offenceSubcategory" value="fraud"/>a receipt for 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., with intent to defraud: to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18540703-813-verdict-1" type="verdictDescription">
<interp inst="t18540703-813-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540703-813-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 16.—
<hi rend="italic">
<rs id="t18540703-813-punishment-5" type="punishmentDescription">
<interp inst="t18540703-813-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18540703-813-punishment-5" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-813-18540703 t18540703-813-punishment-5"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18540703-814">
<interp inst="t18540703-814" type="uri" value="sessionsPapers/18540703"/>
<interp inst="t18540703-814" type="date" value="18540703"/>
<join result="criminalCharge" id="t18540703-814-charge-1" targOrder="Y" targets="def1-814-18540703 t18540703-814-offence-1 t18540703-814-verdict-1"/>
<p>814.
<persName id="def1-814-18540703" type="defendantName">
<interp inst="def1-814-18540703" type="gender" value="male"/>
<interp inst="def1-814-18540703" type="age" value="18"/>
<interp inst="def1-814-18540703" type="surname" value="STERNE"/>
<interp inst="def1-814-18540703" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY STERNE</hi> </persName>
<rs id="t18540703-814-offence-1" type="offenceDescription">
<interp inst="t18540703-814-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18540703-814-offence-1" type="offenceSubcategory" value="pocketpicking"/>, stealing 1 handkerchief, value 2
<hi rend="italic">s</hi>.; the pro
<lb/>perty of
<persName id="t18540703-name-23" type="victimName">
<interp inst="t18540703-name-23" type="gender" value="male"/>
<interp inst="t18540703-name-23" type="surname" value="CHANCELLOR"/>
<interp inst="t18540703-name-23" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18540703-814-offence-1 t18540703-name-23"/>George Chancellor</persName>, from his person: to which he</rs> </p>
<p>
<rs id="t18540703-814-verdict-1" type="verdictDescription">
<interp inst="t18540703-814-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540703-814-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>
<hi rend="smallCaps">PLEACED GUILTY</hi> </rs>. Aged 18.—
<rs id="t18540703-814-punishment-6" type="punishmentDescription">
<interp inst="t18540703-814-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18540703-814-punishment-6" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-814-18540703 t18540703-814-punishment-6"/>
<hi rend="italic">Confined Twelve Months.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18540703-815">
<interp inst="t18540703-815" type="uri" value="sessionsPapers/18540703"/>
<interp inst="t18540703-815" type="date" value="18540703"/>
<join result="criminalCharge" id="t18540703-815-charge-1" targOrder="Y" targets="def1-815-18540703 t18540703-815-offence-1 t18540703-815-verdict-1"/>
<join result="criminalCharge" id="t18540703-815-charge-2" targOrder="Y" targets="def2-815-18540703 t18540703-815-offence-1 t18540703-815-verdict-2"/>
<p>815.
<persName id="def1-815-18540703" type="defendantName">
<interp inst="def1-815-18540703" type="gender" value="male"/>
<interp inst="def1-815-18540703" type="age" value="22"/>
<interp inst="def1-815-18540703" type="surname" value="BARHAM"/>
<interp inst="def1-815-18540703" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY BARHAM</hi> </persName> and
<persName id="def2-815-18540703" type="defendantName">
<interp inst="def2-815-18540703" type="gender" value="male"/>
<interp inst="def2-815-18540703" type="age" value="15"/>
<interp inst="def2-815-18540703" type="surname" value="KNIGHT"/>
<interp inst="def2-815-18540703" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN KNIGHT</hi> </persName>
<rs id="t18540703-815-offence-1" type="offenceDescription">
<interp inst="t18540703-815-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18540703-815-offence-1" type="offenceSubcategory" value="burglary"/>, burglary in the dwelling house of
<persName id="t18540703-name-26" type="victimName">
<interp inst="t18540703-name-26" type="gender" value="male"/>
<interp inst="t18540703-name-26" type="surname" value="OXFORD"/>
<interp inst="t18540703-name-26" type="given" value="JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t18540703-815-offence-1 t18540703-name-26"/>Joseph Oxford</persName>, and stealing 1 pair of boots, value 5
<hi rend="italic">s</hi>., his goods; and 1 pair of boots, and other articles, value 10
<hi rend="italic">s</hi>., of
<persName id="t18540703-name-27" type="victimName">
<interp inst="t18540703-name-27" type="gender" value="female"/>
<interp inst="t18540703-name-27" type="surname" value="NOBLE"/>
<interp inst="t18540703-name-27" type="given" value="SARAH"/>
<join result="offenceVictim" targOrder="Y" targets="t18540703-815-offence-1 t18540703-name-27"/>Sarah Noble</persName>.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-28" type="witnessName">
<interp inst="t18540703-name-28" type="gender" value="female"/>
<interp inst="t18540703-name-28" type="surname" value="NOBNLE"/>
<interp inst="t18540703-name-28" type="given" value="SARAH"/>SARAH NOBNLE</persName> </hi>. I am cook and housekeeper to Mr. Joseph Oxford, in Cornwall-place, Holloway. On the night of 11th June I went to bed about 11 o'clock; I had fastened all the doors—I came down about 6 o'clock the next morning, and found the back door open—some one had broken the window, and put in a hand and unbarred it—I saw the two prisoners run
<lb/>ning away in the garden, and Knight had two pairs of boots in his hand, one pair of mine, and one pair of Mr. Oxford's—when I came near him he dropped them—the other prisoner leaped over the wall with a basket—the boots had been safe the previous night in the kitchen—on the Saturday following, the policeman called me at 5 o'clock in the morning, and I went and picked the prisoners out from four or five others.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-29" type="witnessName">
<interp inst="t18540703-name-29" type="gender" value="male"/>
<interp inst="t18540703-name-29" type="surname" value="JEFFERY"/>
<interp inst="t18540703-name-29" type="given" value="EDWARD"/>EDWARD JEFFERY</persName> </hi> (
<hi rend="italic">policeman, N</hi> 259). I received information of this robbery and a description of the prisoners, from the last witness—on the Saturday afterwards I took her to see about eight persons together, and she picked out the two prisoners.</p>
<p>
<hi rend="italic">Barham.</hi> I was down at my brother's till Monday; I had done two day's work the week after, and I know nothing at all about it.</p>
<p>
<hi rend="italic">Knight.</hi> I went down on the Saturday night to lie in the straw in the brick fields, and this policeman came and hit me with a stick three times.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-30" type="witnessName">
<interp inst="t18540703-name-30" type="gender" value="male"/>
<interp inst="t18540703-name-30" type="surname" value="JEFFERY"/>
<interp inst="t18540703-name-30" type="given" value="EDWARD"/>EDWARD JEFFERY</persName> </hi>. I had not seen him on the Sunday morning—on the morning before, I turned him out with some young thieves.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-31" type="witnessName">
<interp inst="t18540703-name-31" type="gender" value="female"/>
<interp inst="t18540703-name-31" type="surname" value="NOBLE"/>
<interp inst="t18540703-name-31" type="given" value="SARAH"/>SARAH NOBLE</persName> </hi>
<hi rend="italic">re-examined. Q.</hi> Had you seen either of the prisoners before?
<hi rend="italic">A.</hi> I had seen the little one (Knight) in the garden before, and I called Mr. Oxford to turn him out—I had not seen Barham before that</p>
<xptr type="pageFacsimile" doc="185407030018"/>
<p>morning—I saw them running down the garden before me, and saw them go along the street.</p>
<p>
<hi rend="italic">Knight.</hi> The boy that I am here for, is Charles Dent; he is here in prison now.</p>
<p>
<hi rend="smallCaps">COURT</hi>. I think it is better that Dent should be brought up.</p>
<p>(
<hi rend="italic">Charles Dent was brought up and placed at the bar.</hi>)</p>
<p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">SARAH NOBLE</hi>. Look at this boy, Dent.
<hi rend="italic">Witness.</hi> I did not see him—I can swear to the two prisoners positively.</p>
<p>
<hi rend="largeCaps">BARHAM</hi>
<hi rend="smallCaps">
<rs id="t18540703-815-verdict-1" type="verdictDescription">
<interp inst="t18540703-815-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540703-815-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 22.</p>
<p>
<hi rend="largeCaps">KNIGHT</hi>
<hi rend="smallCaps">
<rs id="t18540703-815-verdict-2" type="verdictDescription">
<interp inst="t18540703-815-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18540703-815-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 15.</p>
<p>(
<hi rend="italic">Barham was also charged with having been before convicted.</hi>)</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-32" type="witnessName">
<interp inst="t18540703-name-32" type="gender" value="male"/>
<interp inst="t18540703-name-32" type="surname" value="M'GOUGH"/>
<interp inst="t18540703-name-32" type="given" value="JAMES"/>JAMES M'GOUGH</persName> </hi> (
<hi rend="italic">policeman, N</hi> 375.) I produce the certificate of the prisoner's former conviction (
<hi rend="italic">Read: at Clerkenwell, on</hi> 14
<hi rend="italic">th Nov.</hi>, 1853,
<hi rend="italic">Henry Barham was convicted on his own confession for breaking and entering a dwelling house, and stealing goods therein.—Confined Six Months</hi>)—the prisoner is the person—I had him in custody.</p>
<p>
<hi rend="largeCaps">BARHAM</hi>
<hi rend="italic">
<rs id="t18540703-815-punishment-7" type="punishmentDescription">
<interp inst="t18540703-815-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18540703-815-punishment-7" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-815-18540703 t18540703-815-punishment-7"/>Four Years Penal Servitude.</rs> </hi> </p>
<p>
<hi rend="largeCaps">KNIGHT</hi>
<rs id="t18540703-815-punishment-8" type="punishmentDescription">
<interp inst="t18540703-815-punishment-8" type="punishmentCategory" value="noPunish"/>
<interp inst="t18540703-815-punishment-8" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-815-18540703 t18540703-815-punishment-8"/>
<hi rend="italic">Judgment Respited.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18540703-816">
<interp inst="t18540703-816" type="uri" value="sessionsPapers/18540703"/>
<interp inst="t18540703-816" type="date" value="18540703"/>
<join result="criminalCharge" id="t18540703-816-charge-1" targOrder="Y" targets="def1-816-18540703 t18540703-816-offence-1 t18540703-816-verdict-1"/>
<p>816.
<persName id="def1-816-18540703" type="defendantName">
<interp inst="def1-816-18540703" type="gender" value="male"/>
<interp inst="def1-816-18540703" type="age" value="25"/>
<interp inst="def1-816-18540703" type="surname" value="CLARK"/>
<interp inst="def1-816-18540703" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN CLARK</hi> </persName>
<rs id="t18540703-816-offence-1" type="offenceDescription">
<interp inst="t18540703-816-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18540703-816-offence-1" type="offenceSubcategory" value="pocketpicking"/>, stealing 1 purse, value 6
<hi rend="italic">d</hi>., and 4
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>.; the property of
<persName id="t18540703-name-34" type="victimName">
<interp inst="t18540703-name-34" type="gender" value="female"/>
<interp inst="t18540703-name-34" type="surname" value="GETTINGS"/>
<interp inst="t18540703-name-34" type="given" value="MARY"/>
<join result="offenceVictim" targOrder="Y" targets="t18540703-816-offence-1 t18540703-name-34"/>Mary Gettings</persName>, from her person.</rs> </p>
<p>
<hi rend="smallCaps">MR. PLATT</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-35" type="witnessName">
<interp inst="t18540703-name-35" type="gender" value="female"/>
<interp inst="t18540703-name-35" type="surname" value="CETTINGS"/>
<interp inst="t18540703-name-35" type="given" value="MARY"/>MARY CETTINGS</persName> </hi>. I am single, and live in Westbourne-terrace, North Bayswater. On 21st June, about the middle of the day, I got into a Strat
<lb/>ford omnibus at the Bank of England—shortly afterwards the prisoner got in, and sat down close to me on my right hand—about five minutes after he had been in, he held a sixpence across me to pay the conductor, and he put his foot very violently on my dress—I requested him to remove his foot—he said, "Oh, oh," but he did not remove it—before that I had had a purse in my possession; it contained 4
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>., but I did not know the amount at the time; it was all together—I had seen it safe just before I got into that omnibus—I had paid another omnibus, and it was then safe—in two or three minutes after treading on my gown, the prisoner got out—I then felt, and missed my purse—I said to the conductor, "My purse is gone"—the conductor went after the prisoner immediately, and brought him back—when he came back I accused him of taking the purse—he said I should be very careful how I accused a young man—he got into the omnibus again, and in the course of a minute, he said, "There is your purse," pointing to where I was sitting; and he said, "Did you see me drop it?"—I had before this moved to the end of the omnibus, and looked on the floor of it, and there was not any purse—there was only one lady in the omnibus—when the prisoner first got into the omnibus another person got in with him, and sat next to him on the other side.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> There was one lady sitting in the omnibus?
<hi rend="italic">A.</hi> Yes, at the other end—she was there when the prisoner came in—there was no straw on the floor of the omnibus—I cannot recollect whether there was anything, I have a bad memory—I had been paying the Kensall-green omnibus just before this, just before I got to the Bank, and I had put my purse into my pocket—my pocket was on the right side of my dress—I was sitting by the door in the omnibus—there was a gentleman sat opposite to me—he did not remain a minute after I got in—when the prisoner pointed to the purse it was not amongst hay or straw—there was no hay or straw; it was the floor, or something which fitted tightly to</p>
<xptr type="pageFacsimile" doc="185407030019"/>
<p>the floor—there was a man on the other side of the prisoner—he got out directly after the prisoner got out—after the prisoner got in again he did, not sit near me—the other man got in again before the conductor came back—I went up to the top of the omnibus and shook my dress to look for the purse, and I had not it—this is my purse.</p>
<p>
<hi rend="smallCaps">MR. PLATT</hi>.
<hi rend="italic">Q.</hi> When the other man got into the omnibus again, could he see the prisoner coming back with the conductor?
<hi rend="italic">A.</hi> I do not know.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-36" type="witnessName">
<interp inst="t18540703-name-36" type="gender" value="male"/>
<interp inst="t18540703-name-36" type="surname" value="HUMPHREYS"/>
<interp inst="t18540703-name-36" type="given" value="GEORGE"/>GEORGE HUMPHREYS</persName> </hi>. I am conductor of a Stratford omnibus. The last witness got into the omnibus about half past 1 o'clock that day—I went on my journey, and between Cornhill and Leadenhall-street the prisoner got in—I am not aware that any other person got in with him—when we got to the corner of Houndsditch the prisoner gave me a sixpence—I gave him some coppers, and he got out and went down Houndsditch—shortly after
<lb/>wards the last witness stopped me, and said something—I went after the prisoner, and asked him to come back—he said he had paid his fare, and he asked what I wanted him for—when I got back to the omnibus, the lady was sitting inside, and she accused him of having robbed her of her purse—the prisoner got in and sat down—I saw him drop a puree in the omnibus, close to the lady—this purse resembles it—after dropping the purse, he said to the lady, "Dear me, Ma'am, there is your purse on the ground"—he wanted to leave, and get away, but I would not let him—I had four passen
<lb/>gers altogether; two ladies, and one gentleman, and the prisoner.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> How long before the policeman came, did you see the prisoner drop the purse?
<hi rend="italic">A.</hi> About three minutes—during that time he was in the
<hi rend="italic">bus</hi>—I saw the purse on the ground—I do not know who took it up; some one did—I was outside, standing on the ground, and the door was shut—the prisoner was sitting down when I saw him drop the purse; I was outside then, and the door was open—I shut the door to keep him in—I am sure I saw him drop the purse, and I heard him say, "There is your purse"—I did not say to the lady that I saw him drop it—I was confused—I did not like that such a thing should happen in my
<hi rend="italic">bus</hi>—I continued con
<lb/>fused till the constable came.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-37" type="witnessName">
<interp inst="t18540703-name-37" type="gender" value="male"/>
<interp inst="t18540703-name-37" type="surname" value="BACK"/>
<interp inst="t18540703-name-37" type="given" value="JAMES"/>JAMES BACK</persName> </hi> (
<hi rend="italic">City policeman</hi>, 620). I received charge of the prisoner and this purse—I asked the prisoner his address, and he would not give any.</p>
<p>
<hi rend="italic">The prisoner's statement before the Magistrate was here read, as follows:</hi> "I hope you won't send me to trial; he has made a mistake in his state
<lb/>ment; I went a long way down when he came up and spoke to me; I went back, and the lady accused me; I said, 'Perhaps you have dropped it;' she looked about and found it; the conductor never said anything about my throwing it down till the policeman came up."</p>
<p>
<rs id="t18540703-816-verdict-1" type="verdictDescription">
<interp inst="t18540703-816-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540703-816-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>. Aged 25.—
<hi rend="italic">Recommended to mercy by the Prosecutrix</hi> </rs>
<hi rend="italic">
<rs id="t18540703-816-punishment-9" type="punishmentDescription">
<interp inst="t18540703-816-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18540703-816-punishment-9" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-816-18540703 t18540703-816-punishment-9"/>Confined Three Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18540703-817">
<interp inst="t18540703-817" type="uri" value="sessionsPapers/18540703"/>
<interp inst="t18540703-817" type="date" value="18540703"/>
<join result="criminalCharge" id="t18540703-817-charge-1" targOrder="Y" targets="def1-817-18540703 t18540703-817-offence-1 t18540703-817-verdict-1"/>
<p>817.
<persName id="def1-817-18540703" type="defendantName">
<interp inst="def1-817-18540703" type="gender" value="male"/>
<interp inst="def1-817-18540703" type="age" value="18"/>
<interp inst="def1-817-18540703" type="surname" value="HUNT"/>
<interp inst="def1-817-18540703" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN HUNT</hi> </persName>
<rs id="t18540703-817-offence-1" type="offenceDescription">
<interp inst="t18540703-817-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18540703-817-offence-1" type="offenceSubcategory" value="pocketpicking"/>, stealing 1 handkerchief, value 1
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.; the goods of a man unknown, from his person.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-39" type="witnessName">
<interp inst="t18540703-name-39" type="gender" value="male"/>
<interp inst="t18540703-name-39" type="surname" value="WALLER"/>
<interp inst="t18540703-name-39" type="given" value="JOHN"/>JOHN WALLER</persName> </hi>. I am carman to Messrs. Price. Last Friday I was standing at Mr. Day's counting house, at the corner of Love-lane, Eastcheap—I saw the prisoner on the other side of the way take a handkerchief from a gentleman's pocket—I went over and accused him of it, and when I said that, the prisoner said that I tried to rob him of a handkerchief—the police
<lb/>man came up, and he said he could not settle it; we must go to the station and settle it—the prisoner had the handkerchief on his left side, between his coat and waistcoat—in going along to the station he told me there were</p>
<xptr type="pageFacsimile" doc="185407030020"/>
<p>too many of my sort in the country, and he could have a four years' character; and ho would get rid of me, and if he had two of his
<hi rend="italic">pals</hi> he would give me a good drubbing.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-40" type="witnessName">
<interp inst="t18540703-name-40" type="gender" value="male"/>
<interp inst="t18540703-name-40" type="surname" value="BARFIELD"/>
<interp inst="t18540703-name-40" type="given" value="GEORGE"/>GEORGE BARFIELD</persName> </hi> (
<hi rend="italic">City policeman</hi>, 555). I was on duty in Eastcheap—the last witness called me—he had the prisoner by the collar, and he said he saw him take this handkerchief from a gentleman's pocket—the handker
<lb/>chief was then in the prisoner's breast between his coat and his waistcoat—when the witness said he had seen the prisoner take the handkerchief from a gentleman's pocket, the prisoner turned round and gave the witness in charge for trying to take a handkerchief from him—I took them both down to the station—the prisoner said he lived at No. 3, Coppice-court—I went there, and could not find him.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> He stated at the Mansion House that he never took the handkerchief from my breast; he told me I had picked a gentleman's pocket; I said I had not picked any gentleman's pocket; he struck me in the face two or three times, and he said to the officer that he had tapped the gentleman on the shoulder.</p>
<p>
<hi rend="smallCaps">
<rs id="t18540703-817-verdict-1" type="verdictDescription">
<interp inst="t18540703-817-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540703-817-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.* Aged 18.—
<hi rend="italic">
<rs id="t18540703-817-punishment-10" type="punishmentDescription">
<interp inst="t18540703-817-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18540703-817-punishment-10" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-817-18540703 t18540703-817-punishment-10"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, July</hi> 4
<hi rend="italic">th</hi>, 1854.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>
<hi rend="smallCaps">GEORGE CARROLL</hi>, Knt., Ald.; Mr. Ald.
<hi rend="smallCaps">CHALLIS</hi>; and Mr.
<hi rend="smallCaps">RECORDER</hi>.</p>
<p>
<hi rend="italic">Before Mr. Recorder and the Second Jury.</hi> </p>
<div1 type="trialAccount" id="t18540703-818">
<interp inst="t18540703-818" type="uri" value="sessionsPapers/18540703"/>
<interp inst="t18540703-818" type="date" value="18540703"/>
<join result="criminalCharge" id="t18540703-818-charge-1" targOrder="Y" targets="def1-818-18540703 t18540703-818-offence-1 t18540703-818-verdict-1"/>
<join result="criminalCharge" id="t18540703-818-charge-2" targOrder="Y" targets="def1-818-18540703 t18540703-818-offence-2 t18540703-818-verdict-1"/>
<p>818.
<persName id="def1-818-18540703" type="defendantName">
<interp inst="def1-818-18540703" type="gender" value="male"/>
<interp inst="def1-818-18540703" type="age" value="16"/>
<interp inst="def1-818-18540703" type="surname" value="HIVES"/>
<interp inst="def1-818-18540703" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN HIVES</hi> </persName>
<rs id="t18540703-818-offence-1" type="offenceDescription">
<interp inst="t18540703-818-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18540703-818-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing 3 umbrellas, value 2
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>.; the goods of
<persName id="t18540703-name-42" type="victimName">
<interp inst="t18540703-name-42" type="gender" value="male"/>
<interp inst="t18540703-name-42" type="surname" value="MORRISSON"/>
<interp inst="t18540703-name-42" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18540703-818-offence-1 t18540703-name-42"/>James Morrisson</persName> and others: </rs>
<hi rend="italic">also</hi>,
<rs id="t18540703-818-offence-2" type="offenceDescription">
<interp inst="t18540703-818-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t18540703-818-offence-2" type="offenceSubcategory" value="fraud"/>unlawfully obtaining, by false pretences, 6 merino shirts, value 15
<hi rend="italic">s</hi>., and 12 shirts, value 30
<hi rend="italic">s</hi>.; the goods of
<persName id="t18540703-name-43" type="victimName">
<interp inst="t18540703-name-43" type="gender" value="male"/>
<interp inst="t18540703-name-43" type="surname" value="MORLEY"/>
<interp inst="t18540703-name-43" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18540703-818-offence-2 t18540703-name-43"/>James Morley</persName> and another: to both which he</rs> </p>
<p>
<rs id="t18540703-818-verdict-1" type="verdictDescription">
<interp inst="t18540703-818-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540703-818-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>
<hi rend="smallCaps">PLEADED GUILTY</hi>. Aged 16.—
<hi rend="italic">Recommended to mercy by his master.</hi> </rs>—(
<hi rend="smallCaps">MR. EDGAR</hi>,
<hi rend="italic">who appeared to prosecute one indictment, stated that there were nine other similar charges brought against the prisoner when before the Magistrate. The prisoner's father gave him a good character, and promised to take charge of him.)—
<rs id="t18540703-818-punishment-11" type="punishmentDescription">
<interp inst="t18540703-818-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18540703-818-punishment-11" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-818-18540703 t18540703-818-punishment-11"/>Confined Three Days</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18540703-819">
<interp inst="t18540703-819" type="uri" value="sessionsPapers/18540703"/>
<interp inst="t18540703-819" type="date" value="18540703"/>
<join result="criminalCharge" id="t18540703-819-charge-1" targOrder="Y" targets="def1-819-18540703 t18540703-819-offence-1 t18540703-819-verdict-1"/>
<join result="criminalCharge" id="t18540703-819-charge-2" targOrder="Y" targets="def1-819-18540703 t18540703-819-offence-2 t18540703-819-verdict-1"/>
<p>819.
<persName id="def1-819-18540703" type="defendantName">
<interp inst="def1-819-18540703" type="gender" value="male"/>
<interp inst="def1-819-18540703" type="age" value="20"/>
<interp inst="def1-819-18540703" type="surname" value="HEALEY"/>
<interp inst="def1-819-18540703" type="given" value="MICHAEL"/>
<hi rend="largeCaps">MICHAEL HEALEY</hi> </persName>
<rs id="t18540703-819-offence-1" type="offenceDescription">
<interp inst="t18540703-819-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18540703-819-offence-1" type="offenceSubcategory" value="burglary"/>, burglariously breaking and entering the dwelling house of
<persName id="t18540703-name-45" type="victimName">
<interp inst="t18540703-name-45" type="gender" value="male"/>
<interp inst="t18540703-name-45" type="surname" value="COOK"/>
<interp inst="t18540703-name-45" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18540703-819-offence-1 t18540703-name-45"/>John Cook</persName>, and stealing therein 7
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>., his money:</rs>
<hi rend="italic">also</hi>,
<rs id="t18540703-819-offence-2" type="offenceDescription">
<interp inst="t18540703-819-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18540703-819-offence-2" type="offenceSubcategory" value="stealingFromMaster"/>stealing a certain mixture of gin and cloves, value 20
<hi rend="italic">s</hi>.; the goods of
<persName id="t18540703-name-46" type="victimName">
<interp inst="t18540703-name-46" type="gender" value="male"/>
<interp inst="t18540703-name-46" type="surname" value="SHILLING"/>
<interp inst="t18540703-name-46" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18540703-819-offence-2 t18540703-name-46"/>Wil
<lb/>liam Shilling</persName>, his master: to both which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18540703-819-verdict-1" type="verdictDescription">
<interp inst="t18540703-819-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540703-819-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 20.—
<hi rend="italic">
<rs id="t18540703-819-punishment-12" type="punishmentDescription">
<interp inst="t18540703-819-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18540703-819-punishment-12" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-819-18540703 t18540703-819-punishment-12"/>Confined Twelve Months on the first indictment</rs>,
<rs id="t18540703-819-punishment-13" type="punishmentDescription">
<interp inst="t18540703-819-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18540703-819-punishment-13" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-819-18540703 t18540703-819-punishment-13"/>and at the expiration of that period, Three Months on the second indictment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18540703-820">
<interp inst="t18540703-820" type="uri" value="sessionsPapers/18540703"/>
<interp inst="t18540703-820" type="date" value="18540703"/>
<join result="criminalCharge" id="t18540703-820-charge-1" targOrder="Y" targets="def1-820-18540703 t18540703-820-offence-1 t18540703-820-verdict-1"/>
<p>820.
<persName id="def1-820-18540703" type="defendantName">
<interp inst="def1-820-18540703" type="gender" value="male"/>
<interp inst="def1-820-18540703" type="age" value="16"/>
<interp inst="def1-820-18540703" type="surname" value="MASH"/>
<interp inst="def1-820-18540703" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM MASH</hi> </persName>
<rs id="t18540703-820-offence-1" type="offenceDescription">
<interp inst="t18540703-820-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18540703-820-offence-1" type="offenceSubcategory" value="pocketpicking"/>, stealing 1 handkerchief, value 1
<hi rend="italic">s</hi>.; the goods of
<persName id="t18540703-name-48" type="victimName">
<interp inst="t18540703-name-48" type="gender" value="male"/>
<interp inst="t18540703-name-48" type="surname" value="BARNES"/>
<interp inst="t18540703-name-48" type="given" value="NATHANIEL EMANUEL"/>
<join result="offenceVictim" targOrder="Y" targets="t18540703-820-offence-1 t18540703-name-48"/>Nathaniel Emanuel Barnes</persName>, from his person: to which he</rs> </p>
<p>
<rs id="t18540703-820-verdict-1" type="verdictDescription">
<interp inst="t18540703-820-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540703-820-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>
<hi rend="smallCaps">PLEADED GUILTY.**</hi> </rs>† Aged 16.—
<rs id="t18540703-820-punishment-14" type="punishmentDescription">
<interp inst="t18540703-820-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18540703-820-punishment-14" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-820-18540703 t18540703-820-punishment-14"/>
<hi rend="italic">Confined Six Months.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18540703-821">
<interp inst="t18540703-821" type="uri" value="sessionsPapers/18540703"/>
<interp inst="t18540703-821" type="date" value="18540703"/>
<join result="criminalCharge" id="t18540703-821-charge-1" targOrder="Y" targets="def1-821-18540703 t18540703-821-offence-1 t18540703-821-verdict-1"/>
<join result="criminalCharge" id="t18540703-821-charge-2" targOrder="Y" targets="def2-821-18540703 t18540703-821-offence-1 t18540703-821-verdict-1"/>
<p>821.
<persName id="def1-821-18540703" type="defendantName">
<interp inst="def1-821-18540703" type="gender" value="male"/>
<interp inst="def1-821-18540703" type="age" value="21"/>
<interp inst="def1-821-18540703" type="surname" value="WILLIAMS"/>
<interp inst="def1-821-18540703" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS WILLIAMS</hi> </persName> and
<persName id="def2-821-18540703" type="defendantName">
<interp inst="def2-821-18540703" type="gender" value="male"/>
<interp inst="def2-821-18540703" type="age" value="17"/>
<interp inst="def2-821-18540703" type="surname" value="HUMPHRIES"/>
<interp inst="def2-821-18540703" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN HUMPHRIES</hi> </persName>
<rs id="t18540703-821-offence-1" type="offenceDescription">
<interp inst="t18540703-821-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18540703-821-offence-1" type="offenceSubcategory" value="burglary"/>, burglariously breaking and entering the dwelling-house of
<persName id="t18540703-name-51" type="victimName">
<interp inst="t18540703-name-51" type="gender" value="male"/>
<interp inst="t18540703-name-51" type="surname" value="REED"/>
<interp inst="t18540703-name-51" type="given" value="JOHN LINDSAY"/>
<join result="offenceVictim" targOrder="Y" targets="t18540703-821-offence-1 t18540703-name-51"/>John Lindsay Reed</persName>, at
<placeName id="t18540703-geo-1">
<join result="offencePlace" targOrder="Y" targets="t18540703-821-offence-1 t18540703-geo-1"/>
<join result="persNamePlace" targOrder="Y" targets="t18540703-name-51 t18540703-geo-1"/>Willes
<lb/>den</placeName>, and stealing therein 1 teapot, 2 shirt studs, and other articles, value 3
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., his property; and 1 shawl, 2 bed gowns, and 1 pair boots, value 15
<hi rend="italic">s</hi>., the goods of
<persName id="t18540703-name-52" type="victimName">
<interp inst="t18540703-name-52" type="gender" value="female"/>
<interp inst="t18540703-name-52" type="surname" value="GILLIE"/>
<interp inst="t18540703-name-52" type="given" value="JANE"/>
<join result="offenceVictim" targOrder="Y" targets="t18540703-821-offence-1 t18540703-name-52"/>Jane Gillie</persName>; and 1 shawl, value 10
<hi rend="italic">s</hi>., the goods of
<persName id="t18540703-name-53" type="victimName">
<interp inst="t18540703-name-53" type="gender" value="female"/>
<interp inst="t18540703-name-53" type="surname" value="GILLIE"/>
<interp inst="t18540703-name-53" type="given" value="MARY JANE"/>
<join result="offenceVictim" targOrder="Y" targets="t18540703-821-offence-1 t18540703-name-53"/>Mary Jane Gillie</persName>.</rs> </p>
<xptr type="pageFacsimile" doc="185407030021"/>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-54" type="witnessName">
<interp inst="t18540703-name-54" type="gender" value="male"/>
<interp inst="t18540703-name-54" type="surname" value="JENKINS"/>
<interp inst="t18540703-name-54" type="given" value="THOMAS"/>THOMAS JENKINS</persName> </hi> (
<hi rend="italic">policeman, D</hi> 28). On Sunday, 18th June, I was on duty in the Harrow-road, between 5 and 6 o'clock in the morning, and saw the prisoners—Williams had a bag on his shoulder, and Humphries had something under his left arm—I called sergeant Warren, and we went after them; they were going towards London—we stopped them in Old Church-street, 200 or 300 yards from where I first saw them—they had seen me before, because I was standing at the post at the corner of Hermitage-street—I asked Williams what he had in the bag—he said, "It is my own, I bought it and paid for it at Harrow"—he said, "I have got two loaves, a dish, a pair of old shoes, and a shirt; you can look at them"—I told him I doubted about his buying them, and he must go to the station with me and tell the inspector—he said, "I am b—d if I do, you shall carry me first"—I took hold of him, he resisted, and we both fell together; on Paddington-green we had another fall—I eventually got him to the station, searched him, and found a female's nightgown over his shirt, and a coat and waistcoat underneath the coat and waistcoat he has on now—also a brass watch chain, a purse containing 9
<hi rend="italic">s</hi>., and he had on a pair of Wellington boots—I after
<lb/>wards examined the premises of Mr. Smith, No. 7, Kilburn-terrace—I found marks on the soft mould in the next garden which had been done over on the previous night—these two odd shoes (
<hi rend="italic">produced</hi>), which I found in the bag, corresponded with the footmarks—I compared them first by putting them into the marks, and then made a mark by the side.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-55" type="witnessName">
<interp inst="t18540703-name-55" type="gender" value="male"/>
<interp inst="t18540703-name-55" type="surname" value="WARREB"/>
<interp inst="t18540703-name-55" type="given" value="WILLIAM"/>WILLIAM WARREB</persName> </hi> (
<hi rend="italic">police sergeant, D</hi>). I was called by the last witness, and pursued the prisoners—we came up with them—Jenkins took Williams; I seized Humphries by his cap, he left it in my hand and ran away—I never lost sight of him—he was stopped by another constable, carrying this teapot under his arm, in a handkerchief—I said, "What made you run away?"—he said, "Because I did not want to be taken to the station; the teapot belongs to my sister"—I took him to the station, and found he had on these two shirts of Mr. Reed's over his own shirt, this shirt stud in his jacket pocket, and these women's boots, one in each jacket pocket, a silk handker
<lb/>chief on his neck and another in his pocket—one of them was given up to him at the police court, a blue one; this is the other (
<hi rend="italic">produced</hi>)—he also had 3
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>. or 3
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>., a knife, and a common latch key, which I have tried to the door and it does not fit—he said at the station that they were living at Harrow, and we should not find out where, and if we did, that they had
<hi rend="italic">sloped</hi> the lodging, and the old
<hi rend="italic">bloke</hi> would not prosecute—I afterwards went to Mr. Reed's, No. 7, Kilburn-terrace—I examined the kitchen window; the fastening was broken, and hanging down.</p>
<p>
<hi rend="italic">Humphries.</hi> Two policemen kissed the book, and the Magistrate caught them in the biggest lies that ever were told.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-56" type="witnessName">
<interp inst="t18540703-name-56" type="gender" value="female"/>
<interp inst="t18540703-name-56" type="surname" value="GILLIE"/>
<interp inst="t18540703-name-56" type="given" value="MARY JANE"/>MARY JANE GILLIE</persName> </hi>. I live in service with Mr. Reed, of No. 7, Kilburn-terrace. On Saturday evening, 17th June, I shut the kitchen window, between 5 and 6 o'clock—that window looks into the back garden, behind which is Mr. Smith's garden—the cook and I were the last persons up—we went up stairs together—the house was then closed—the cook closed the doors—the cook was down next morning before me—I came down about 8 o'clock, and found the kitchen window open, and the drawers—I missed two shirts, four towels, and a teapot of Mr. Reed's, and a shawl of mine—I know this teapot by the pattern, I have not noticed any mark on it—I have used it—these shirts have Mr. Reed's name on them—the teapot was left on the kitchen table—I missed two pair of boots of Mr. Reed's and one pair of the cook's—these (
<hi rend="italic">produced</hi>) are my master's boots—they had a mark on the sole before they had been in the mud—I am the niece of the cook.</p>
<xptr type="pageFacsimile" doc="185407030022"/>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-57" type="witnessName">
<interp inst="t18540703-name-57" type="gender" value="female"/>
<interp inst="t18540703-name-57" type="surname" value="GILLIFE"/>
<interp inst="t18540703-name-57" type="given" value="MARY JANE"/>MARY JANE GILLIFE</persName> </hi>. I am cook in Mr. Reed's service. I shut up the house about 12 o'clock on this Saturday night, and I and my niece went to bed—the house was then quite safe—I came down in the morning about 7 o'clock or a quarter past, and found the doors all open, and the back kitchen window wide open—this shawl (
<hi rend="italic">produced</hi>) is mine—it had been behind the front kitchen door—I know it by some holes in it—the kitchen drawers were wide open—I know this teapot, and believe it to be my master's—this nightgown is mine, here is my name on it—I missed a dish like this; it is a very common one, there was some pie in it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-58" type="witnessName">
<interp inst="t18540703-name-58" type="gender" value="male"/>
<interp inst="t18540703-name-58" type="surname" value="REED"/>
<interp inst="t18540703-name-58" type="given" value="JOHN LINDSAY"/>JOHN LINDSAY REED</persName> </hi>. I am a barrister; my house is in the parish of Willesden. I was alarmed by my cook—I believe these to be my boots, they are exactly like what I lost—I lost some studs; this produced is one of them.</p>
<p>
<hi rend="italic">William's Defence.</hi> On Saturday night we left our work, got our money, and were coming to London; at the bottom of Wimley-hill we met four men, who asked us if we had any money, and if we would buy a couple of good shirts; we gave 3
<hi rend="italic">s</hi>. for them, and then we bought some more of the things of them; they asked 6
<hi rend="italic">s</hi>. for them, I offered them 3
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., and they took it; one man said, "Put them out of sight;" we then said we would not have them, threw the things down, and said we would follow them; they said that if we did they would knock the life out of us; some policemen asked us what we had; we showed them, and they said it might be so; afterwards this policeman met us.</p>
<p>
<hi rend="italic">Humphries's Defence.</hi> I had been at work, and got the
<hi rend="italic">sack</hi> on Saturday night; we met four countrymen at the foot of Wimley-hill, who said, "Have you got any money?" I said, "Yes;" one said, "I will sell you some things, a couple of good shirts, a pair of shoes, and a teapot;" I gave him 3
<hi rend="italic">s</hi>. for them, and then they offered us some more things for 6
<hi rend="italic">s</hi>., and let us have them for 3
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.; they then said, "Take care of yourselves, mind you do not get locked up for the things; "I said, "Have they been stolen?" he said, "Yes;" I said, "Give us our money back:" he said, "No;" I said, "Give us half of our money back;" he said, "No," and that if we followed him he would knock the life out of us; coming home we met two police
<lb/>men, who searched us, and let us go on; as we passed the station there was a policeman, with a pipe in his mouth; we walked by him, and were not frightened of him, knowing that we had not stolen the things; but when we got into Old Church-street he ran after us, and took us to the station; they also took a boy, but the Magistrate let him go, and retained us to take our trial; one of the policemen said he saw me at the latter end of last month, but I was in prison at that time.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-59" type="witnessName">
<interp inst="t18540703-name-59" type="gender" value="male"/>
<interp inst="t18540703-name-59" type="surname" value="JENKINS"/>
<interp inst="t18540703-name-59" type="given" value="THOMAS"/>THOMAS JENKINS</persName> </hi>
<hi rend="italic">re-examined.</hi> I first saw the prisoners about two miles from Mr. Reed's house.</p>
<p>
<hi rend="smallCaps">
<rs id="t18540703-821-verdict-1" type="verdictDescription">
<interp inst="t18540703-821-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540703-821-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<p>(
<hi rend="italic">Humphries was further charged with having been before convicted.</hi>)</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-60" type="witnessName">
<interp inst="t18540703-name-60" type="gender" value="male"/>
<interp inst="t18540703-name-60" type="surname" value="FATHERS"/>
<interp inst="t18540703-name-60" type="given" value="GEORGE"/>GEORGE FATHERS</persName> </hi> (
<hi rend="italic">policeman, A</hi> 374). I produce a certificate (
<hi rend="italic">read—Middlesex Sessions</hi>, 1853:
<hi rend="italic">John Humphries, convicted of stealing lead, fixed in a garden; confined six months</hi>)—I was present—Humphries is the person.</p>
<p>
<hi rend="largeCaps">HUMPHRIES</hi>
<hi rend="smallCaps">GUILTY</hi>. Aged 17.—
<hi rend="italic">
<rs id="t18540703-821-punishment-15" type="punishmentDescription">
<interp inst="t18540703-821-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18540703-821-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-821-18540703 t18540703-821-punishment-15"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18540703-822">
<interp inst="t18540703-822" type="uri" value="sessionsPapers/18540703"/>
<interp inst="t18540703-822" type="date" value="18540703"/>
<join result="criminalCharge" id="t18540703-822-charge-1" targOrder="Y" targets="def1-822-18540703 t18540703-822-offence-1 t18540703-822-verdict-1"/>
<join result="criminalCharge" id="t18540703-822-charge-2" targOrder="Y" targets="def2-822-18540703 t18540703-822-offence-1 t18540703-822-verdict-2"/>
<p>822.
<persName id="def1-822-18540703" type="defendantName">
<interp inst="def1-822-18540703" type="gender" value="male"/>
<interp inst="def1-822-18540703" type="age" value="21"/>
<interp inst="def1-822-18540703" type="surname" value="WILLIAMS"/>
<interp inst="def1-822-18540703" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS WILLIAMS</hi> </persName> and
<persName id="def2-822-18540703" type="defendantName">
<interp inst="def2-822-18540703" type="gender" value="male"/>
<interp inst="def2-822-18540703" type="age" value="17"/>
<interp inst="def2-822-18540703" type="surname" value="HUMPHRIES"/>
<interp inst="def2-822-18540703" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES HUMPHRIES</hi> </persName> were
<hi rend="italic">again</hi> indicted for
<rs id="t18540703-822-offence-1" type="offenceDescription">
<interp inst="t18540703-822-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18540703-822-offence-1" type="offenceSubcategory" value="simpleLarceny"/> stealing 8 towels and 1 bag, value 3
<hi rend="italic">s</hi>.; the goods of
<persName id="t18540703-name-63" type="victimName">
<interp inst="t18540703-name-63" type="gender" value="male"/>
<interp inst="t18540703-name-63" type="surname" value="TURNER"/>
<interp inst="t18540703-name-63" type="given" value="HUBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t18540703-822-offence-1 t18540703-name-63"/>Hubert Turner</persName>; and 2 loaves, 4 lbs. weight of bread, and other articles; the goods of
<persName id="t18540703-name-64" type="victimName">
<interp inst="t18540703-name-64" type="gender" value="female"/>
<interp inst="t18540703-name-64" type="surname" value="EGGLETON"/>
<interp inst="t18540703-name-64" type="given" value="MARY"/>
<join result="offenceVictim" targOrder="Y" targets="t18540703-822-offence-1 t18540703-name-64"/>Mary Eggleton</persName>.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-65" type="witnessName">
<interp inst="t18540703-name-65" type="gender" value="female"/>
<interp inst="t18540703-name-65" type="surname" value="EGGLETON"/>
<interp inst="t18540703-name-65" type="given" value="MARY"/>MARY EGGLETON</persName> </hi>. I am servant to Mr. Hubert Turner, of Kilburn; the family was from home in June, and I was left in charge of the house. On</p>
<xptr type="pageFacsimile" doc="185407030023"/>
<p>18th June I went to bed about 11 o'clock; the house was then quite safe—I came down on Sunday morning, between 8 and 9 o'clock, drew up the kitchen blind, and saw things lying about the yard in all directions—I missed four aprons, five cloths, and two loaves out of the safe in the back yard, which had not been locked; one was whole, and the other had been cut—I also missed from the safe some flour and butter; also this bag (
<hi rend="italic">produced)</hi>, which had been in the kennel in the yard—it is Mr. Turner's; there is no mark on it—the loaf I missed was cut like this one (
<hi rend="italic">produced</hi>)—I have not seen the aprons and cloths since.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-66" type="witnessName">
<interp inst="t18540703-name-66" type="gender" value="male"/>
<interp inst="t18540703-name-66" type="surname" value="JENKINS"/>
<interp inst="t18540703-name-66" type="given" value="THOMAS"/>THOMAS JENKINS</persName> </hi> (
<hi rend="italic">policeman, D</hi> 28). I met the prisoners in the Harrow-road—Williams was carrying this bag—there was flour in it, and these two loaves—there was another party apprehended, but they were obliged to let him go, as no property was found on him.</p>
<p>
<hi rend="largeCaps">WILLIAMS</hi>
<hi rend="smallCaps">
<rs id="t18540703-822-verdict-1" type="verdictDescription">
<interp inst="t18540703-822-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540703-822-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 21.—
<hi rend="italic">
<rs id="t18540703-822-punishment-16" type="punishmentDescription">
<interp inst="t18540703-822-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18540703-822-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-822-18540703 t18540703-822-punishment-16"/>Confined Twelve Months</rs>.</hi> </p>
<p>
<hi rend="largeCaps">HUMPHEIES</hi>
<hi rend="smallCaps">
<rs id="t18540703-822-verdict-2" type="verdictDescription">
<interp inst="t18540703-822-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18540703-822-verdict-2" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18540703-823">
<interp inst="t18540703-823" type="uri" value="sessionsPapers/18540703"/>
<interp inst="t18540703-823" type="date" value="18540703"/>
<join result="criminalCharge" id="t18540703-823-charge-1" targOrder="Y" targets="def1-823-18540703 t18540703-823-offence-1 t18540703-823-verdict-1"/>
<p>823.
<persName id="def1-823-18540703" type="defendantName">
<interp inst="def1-823-18540703" type="gender" value="male"/>
<interp inst="def1-823-18540703" type="surname" value="HEALEY"/>
<interp inst="def1-823-18540703" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN HEALEY</hi> </persName>
<rs id="t18540703-823-offence-1" type="offenceDescription">
<interp inst="t18540703-823-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18540703-823-offence-1" type="offenceSubcategory" value="burglary"/>, burglariously breaking and entering the dwell
<lb/>ing house of
<persName id="t18540703-name-68" type="victimName">
<interp inst="t18540703-name-68" type="gender" value="male"/>
<interp inst="t18540703-name-68" type="surname" value="HEDGES"/>
<interp inst="t18540703-name-68" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18540703-823-offence-1 t18540703-name-68"/>John Hedges</persName>, with intent to steal.</rs> </p>
<p>
<hi rend="smallCaps">MR. PAYNE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-69" type="witnessName">
<interp inst="t18540703-name-69" type="gender" value="male"/>
<interp inst="t18540703-name-69" type="surname" value="HEDGES"/>
<interp inst="t18540703-name-69" type="given" value="JOHN"/>JOHN HEDGES</persName> </hi>. I am a coal dealer, of Cambridge-street, Agar-town. On 19th June, a little before 4 o'clock in the morning, I was in bed with my wife, and heard the window raised up; I then heard a
<hi rend="italic">scroop</hi>, rose myself up in bed, and saw the prisoner three parts in at the window, with a toy box in his hand, which had been on the table when I went to bed—I jumped out of bed, and said, "You vagabond, what do you do here?"—he threw it down, and out he tumbled at the window, which was on the first floor, and was ten or twelve feet high—I went to the window, and saw him pick himself up and run away—I slipped oh. my trowsers, ran after him, and caught him in Cambridge-place, 300 or 400 yards off—he was stooping, and burying these scissors (
<hi rend="italic">produced</hi>) in the ground, hiding them; it was a vacant place, near an iron tank—I touched him on the back, and said, "You come back with me; I have got you"—I picked up the scissors, and he said that they were not mine—I said, "I know they are not"—he said that they were his—he walked back a few yards with me, and I called a constable—the prisoner then said, "You mean to give me in charge?"—I said, "Yes, I do"—he said, "For God's sake, don't; do pray forgive me; think of my poor father and mother; what will they say of me?"—finding that I intended to give him in charge he began to fence with me, and ran away—I ran after him, cried "Stop thief!" and a constable stopped him—I had shut the window myself before I went to bed—it is my dwelling house, and is in the parish of St. Pancras.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. HORRY</hi>.
<hi rend="italic">Q.</hi> How did he get up to the window?
<hi rend="italic">A.</hi> He got a fruit basket, and put it into the shutter case—I saw his head and body in at the window—the iron tank is 200 or 300 yards off—I went down by the door, and the prisoner got the start of me, but from the window I saw him go out of my yard, and run out at the gate—I saw him perfectly.</p>
<p>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> Are you sure that the person who you saw down stairs and in the road, is the person who you saw by the tank?
<hi rend="italic">A.</hi> Yes; it was broad daylight, 4 o'clock in the morning.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-70" type="witnessName">
<interp inst="t18540703-name-70" type="gender" value="male"/>
<interp inst="t18540703-name-70" type="surname" value="TUCKWELL"/>
<interp inst="t18540703-name-70" type="given" value="ALFRED"/>ALFRED TUCKWELL</persName> </hi> (
<hi rend="italic">policeman, S</hi> 199). I was coming down Old Glou
<lb/>cester-street at ten minutes past 4 o'clock in the morning, and heard a cry twice—the prisoner came running in a direction from the prosecutor's house—I stopped him; Hedges came up, and gave him into custody.</p>
<xptr type="pageFacsimile" doc="185407030024"/>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Where you took him was it in a straight line from the house?
<hi rend="italic">A.</hi> No, but it was in the direction—on searching him I found a small knife and two lucifer matches—he did not come towards me, but as soon as he saw me he turned, and I ran after him.</p>
<p>
<hi rend="smallCaps">
<rs id="t18540703-823-verdict-1" type="verdictDescription">
<interp inst="t18540703-823-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540703-823-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="t18540703-name-71" type="witnessName">
<interp inst="t18540703-name-71" type="gender" value="male"/>
<interp inst="t18540703-name-71" type="surname" value="HALEY"/>
<interp inst="t18540703-name-71" type="given" value="ALFRED"/>ALFRED HALEY</persName> </hi> (
<hi rend="italic">police-sergeant, S</hi> 15). The prisoner was given into my custody in Jan., 1853—I was present at his trial, and produce a certificate of his conviction—he is the person mentioned in it (
<hi rend="italic">read—Clerkenwell Ses
<lb/>sions: John Healey, convicted Feb.</hi>, 1853,
<hi rend="italic">of housebreaking; confined twelve months</hi>)—he had then been previously convicted of breaking a square of glass, with a felonious intent.</p>
<p>
<hi rend="italic">Prisoner.</hi> I never was in prison but once in my life; I was tried at Clerk
<lb/>enwell, and came out last Feb.</p>
<p>
<hi rend="smallCaps">GUILTY.*</hi>*—
<hi rend="italic">
<rs id="t18540703-823-punishment-17" type="punishmentDescription">
<interp inst="t18540703-823-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18540703-823-punishment-17" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-823-18540703 t18540703-823-punishment-17"/>Four Years Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18540703-824">
<interp inst="t18540703-824" type="uri" value="sessionsPapers/18540703"/>
<interp inst="t18540703-824" type="date" value="18540703"/>
<join result="criminalCharge" id="t18540703-824-charge-1" targOrder="Y" targets="def1-824-18540703 t18540703-824-offence-1 t18540703-824-verdict-1"/>
<p>824.
<persName id="def1-824-18540703" type="defendantName">
<interp inst="def1-824-18540703" type="gender" value="male"/>
<interp inst="def1-824-18540703" type="age" value="22"/>
<interp inst="def1-824-18540703" type="surname" value="FOYE"/>
<interp inst="def1-824-18540703" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY FOYE</hi> </persName>
<rs id="t18540703-824-offence-1" type="offenceDescription">
<interp inst="t18540703-824-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18540703-824-offence-1" type="offenceSubcategory" value="forgery"/>, feloniously forging and uttering a request for the delivery of 12 reams of paper, with intent to defraud.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-73" type="witnessName">
<interp inst="t18540703-name-73" type="gender" value="male"/>
<interp inst="t18540703-name-73" type="surname" value="WICKENDON"/>
<interp inst="t18540703-name-73" type="given" value="WILLIAM"/>WILLIAM WICKENDON</persName> </hi>. I live at No. 4, Great Carter-lane. On 6th June the prisoner applied to me for a truck, about a quarter past 5 o'clock, and gave the name of Davidson—I had previous knowledge of him, and let him have one—he said he was going to put paper in it, and I gave him a wrapper with it—I was not there when he brought it back—he afterwards had trucks of me on two or three occasions.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> How did you have a previous knowledge of me?
<hi rend="italic">A.</hi> I knew you as having lived with Mr. Davidson, the music publisher; you told me you lived there, and I believed you did—I have seen you there, I cannot say when—I have known Mr. Davidson twenty-five years.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-74" type="witnessName">
<interp inst="t18540703-name-74" type="gender" value="male"/>
<interp inst="t18540703-name-74" type="surname" value="DEIGHTON"/>
<interp inst="t18540703-name-74" type="given" value="THOMAS"/>THOMAS DEIGHTON</persName> </hi>. I am fourteen years old, and live at No. 7, New-street-square, Fetter-lane. On 6th June I was in Farringdon-street with another boy, Stokes, and saw the prisoner—he asked us if we wanted any jobs—I went with him to Mr. Wickendon's, to get a truck; we then went to Queenhithe, and he gave me something in an envelope, and told me to take it to Tyler's—I took it there, saw Mr. Collins, and received from him four reams of paper—the prisoner stopped at the top of Queenhithe—we then went with him to London-wall, and he took the paper into a pawnshop up a court there—he gave us 6
<hi rend="italic">d</hi>. each, told me to take the truck home, and gave me 6
<hi rend="italic">d</hi>. to pay for it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-75" type="witnessName">
<interp inst="t18540703-name-75" type="gender" value="male"/>
<interp inst="t18540703-name-75" type="surname" value="COLLINS"/>
<interp inst="t18540703-name-75" type="given" value="JOSEPH"/>JOSEPH COLLINS</persName> </hi>. I am clerk to Messrs. Venables, wholesale stationers, of Queenhithe. This invoice was not delivered to me in an envelope, it was directed to Mr. Tyler, one of the members of the firm, who sent it to me by the boy to execute—it was then open—I know Mr. Trounce, of Cursitor-street; he is a customer of our house—he had been in the habit of sending for paper of this description, and I executed the order without any hesita
<lb/>tion—I delivered twelve ream—I know nothing of the prisoner; Mr. Trounce's name was sufficient guarantee for us (
<hi rend="italic">order read:</hi> "June 6, 1854. 12 reams, Q. R, 6, 12. Sir,—Please to send by bearer 12 reams of
<hi rend="italic">demy</hi>, about 16lbs., if you have any that weight; if you have not, send me some
<lb/>thing near it. W. Trounce.")</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-76" type="witnessName">
<interp inst="t18540703-name-76" type="gender" value="male"/>
<interp inst="t18540703-name-76" type="surname" value="TROUNCE"/>
<interp inst="t18540703-name-76" type="given" value="WILLIAM"/>WILLIAM TROUNCE</persName> </hi>. I am a printer, of No. 9, Cursitor-street, Chaneery-lane. The prisoner was in my employment, and left on the day after Good Friday—he managed a printing machine for me—he has been present when I have written orders for paper to Venables and Co., and I think on one occasion he took an order for me to them—this order is not in my writing, nor did I authorise the prisoner to write it for me.</p>
<xptr type="pageFacsimile" doc="185407030025"/>
<p>
<hi rend="italic">Prisoner. Q.</hi> When did I take an order for you to Venables?
<hi rend="italic">A.</hi> I am not quite certain that you did, but I think it was two months after Christ
<lb/>mas—you have urged me to send for paper, saying that we should want it very soon—you have stood over me when I wrote orders.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I know nothing at all of the notes; Mr. Trounce has seen me write, and if he says that is my writing, I have done.</p>
<p>
<rs id="t18540703-824-verdict-1" type="verdictDescription">
<interp inst="t18540703-824-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540703-824-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY*</hi>*
<hi rend="italic">of uttering.</hi> </rs> Aged 22.—
<hi rend="italic">
<rs id="t18540703-824-punishment-18" type="punishmentDescription">
<interp inst="t18540703-824-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18540703-824-punishment-18" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-824-18540703 t18540703-824-punishment-18"/>Confined Eight Months</rs>.</hi> </p>
<p>(
<hi rend="italic">There were two other indictments against the prisoner.</hi>)</p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>,
<hi rend="italic">Tuesday, July</hi> 4
<hi rend="italic">th</hi>, 1854.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>—Mr. Ald.
<hi rend="smallCaps">MOON</hi>; Sir
<hi rend="smallCaps">ROBERT WALTER CARDEN</hi>, Knt, Ald.; and
<hi rend="smallCaps">RUSSELL GURNE</hi>, Esq.</p>
<p>
<hi rend="italic">Before Russell Gurney, Esq., and the Sixth Jury.</hi> </p>
<div1 type="trialAccount" id="t18540703-825">
<interp inst="t18540703-825" type="uri" value="sessionsPapers/18540703"/>
<interp inst="t18540703-825" type="date" value="18540703"/>
<join result="criminalCharge" id="t18540703-825-charge-1" targOrder="Y" targets="def1-825-18540703 t18540703-825-offence-1 t18540703-825-verdict-1"/>
<p>825.
<persName id="def1-825-18540703" type="defendantName">
<interp inst="def1-825-18540703" type="gender" value="male"/>
<interp inst="def1-825-18540703" type="age" value="66"/>
<interp inst="def1-825-18540703" type="surname" value="KEMP"/>
<interp inst="def1-825-18540703" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES KEMP</hi> </persName>
<rs id="t18540703-825-offence-1" type="offenceDescription">
<interp inst="t18540703-825-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18540703-825-offence-1" type="offenceSubcategory" value="coiningOffences"/>, unlawfully uttering counterfeit coin: to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18540703-825-verdict-1" type="verdictDescription">
<interp inst="t18540703-825-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540703-825-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 66.—
<hi rend="italic">
<rs id="t18540703-825-punishment-19" type="punishmentDescription">
<interp inst="t18540703-825-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18540703-825-punishment-19" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-825-18540703 t18540703-825-punishment-19"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18540703-826">
<interp inst="t18540703-826" type="uri" value="sessionsPapers/18540703"/>
<interp inst="t18540703-826" type="date" value="18540703"/>
<join result="criminalCharge" id="t18540703-826-charge-1" targOrder="Y" targets="def1-826-18540703 t18540703-826-offence-1 t18540703-826-verdict-1"/>
<join result="criminalCharge" id="t18540703-826-charge-2" targOrder="Y" targets="def2-826-18540703 t18540703-826-offence-1 t18540703-826-verdict-2"/>
<p>826.
<persName id="def1-826-18540703" type="defendantName">
<interp inst="def1-826-18540703" type="gender" value="male"/>
<interp inst="def1-826-18540703" type="age" value="15"/>
<interp inst="def1-826-18540703" type="surname" value="OSWALD"/>
<interp inst="def1-826-18540703" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES OSWALD</hi> </persName> and
<persName id="def2-826-18540703" type="defendantName">
<interp inst="def2-826-18540703" type="gender" value="male"/>
<interp inst="def2-826-18540703" type="age" value="16"/>
<interp inst="def2-826-18540703" type="surname" value="HUGHES"/>
<interp inst="def2-826-18540703" type="given" value="ALONZO"/>
<hi rend="largeCaps">ALONZO HUGHES</hi> </persName>
<rs id="t18540703-826-offence-1" type="offenceDescription">
<interp inst="t18540703-826-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18540703-826-offence-1" type="offenceSubcategory" value="coiningOffences"/>, for a like offence: to which</rs> </p>
<p>
<hi rend="largeCaps">OSWALD</hi>
<hi rend="smallCaps">
<rs id="t18540703-826-verdict-1" type="verdictDescription">
<interp inst="t18540703-826-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540703-826-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 15.</p>
<p>
<hi rend="largeCaps">HUGHES</hi>
<hi rend="smallCaps">
<rs id="t18540703-826-verdict-2" type="verdictDescription">
<interp inst="t18540703-826-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18540703-826-verdict-2" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 16.</p>
<p>
<hi rend="italic">
<rs id="t18540703-826-punishment-20" type="punishmentDescription">
<interp inst="t18540703-826-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18540703-826-punishment-20" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-826-18540703 t18540703-826-punishment-20"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-826-18540703 t18540703-826-punishment-20"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18540703-827">
<interp inst="t18540703-827" type="uri" value="sessionsPapers/18540703"/>
<interp inst="t18540703-827" type="date" value="18540703"/>
<join result="criminalCharge" id="t18540703-827-charge-1" targOrder="Y" targets="def1-827-18540703 t18540703-827-offence-1 t18540703-827-verdict-1"/>
<p>827.
<persName id="def1-827-18540703" type="defendantName">
<interp inst="def1-827-18540703" type="gender" value="male"/>
<interp inst="def1-827-18540703" type="age" value="23"/>
<interp inst="def1-827-18540703" type="surname" value="BARNES"/>
<interp inst="def1-827-18540703" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN BARNES</hi> </persName>
<rs id="t18540703-827-offence-1" type="offenceDescription">
<interp inst="t18540703-827-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18540703-827-offence-1" type="offenceSubcategory" value="coiningOffences"/>, feloniously uttering counterfeit coin, having been before convicted.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. ELLIS</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">W. J.PAYNE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-81" type="witnessName">
<interp inst="t18540703-name-81" type="gender" value="male"/>
<interp inst="t18540703-name-81" type="surname" value="JARMAN"/>
<interp inst="t18540703-name-81" type="given" value="SAMUEL"/>SAMUEL JARMAN</persName> </hi>. I am a clerk to the Solicitor of the Treasury—I produce a certificate of the conviction of John Barnes, which I got from Mr. Clark's office (
<hi rend="italic">read: At this Court, on the 4th of April</hi>, 1853,
<hi rend="italic">John Barnes was convicted for unlawfully uttering counterfeit coin, and Confined Six Months.</hi>)</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-82" type="witnessName">
<interp inst="t18540703-name-82" type="gender" value="male"/>
<interp inst="t18540703-name-82" type="surname" value="SMITH"/>
<interp inst="t18540703-name-82" type="given" value="JAMES"/>JAMES SMITH</persName> </hi> (
<hi rend="italic">policeman, B</hi> 90). I was present at the time of this conviction; the prisoner is the man who was convicted.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-83" type="witnessName">
<interp inst="t18540703-name-83" type="gender" value="male"/>
<interp inst="t18540703-name-83" type="surname" value="DAVIES"/>
<interp inst="t18540703-name-83" type="given" value="JAMES"/>JAMES DAVIES</persName> </hi>. I keep a coffee stand, at Park-side, Knightsbridge. On Saturday night, 17th June, the prisoner came to my stand about 12 o'clock at night, with a companion with him, for two cups of coffee; I served him; they came to 2
<hi rend="italic">d</hi>.—he offered me a bad sixpence; I noticed it to be bad—I bent it; I bent it back again, and told him it was bad—I put it on the board of my stall—the prisoner's companion paid for the coffee—the prisoner took the sixpence and carried it away.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-84" type="witnessName">
<interp inst="t18540703-name-84" type="gender" value="male"/>
<interp inst="t18540703-name-84" type="surname" value="RICKARDS"/>
<interp inst="t18540703-name-84" type="given" value="JOHN"/>JOHN RICKARDS</persName> </hi>. I assist Mr. Harris, who keeps a coffee stall at Hyde Park-corner. On Sunday morning, 18th June, I saw the prisoner opposite the Duke of Wellington statue—he came to our stall about a quarter past 12 o'clock; he asked for a cup of coffee; I served him—I knew him by his coming to the stall before—he gave me a bad sixpence to pay for the coffee—I looked him in the face and recognised him—I put the sixpence in my mouth, and broke it—I said to him, "Do you know what you have given me?" he said, "Yes, a sixpence"—I said, "Yes, it is a bad one"—he said "No"—I turned round and called Mr. Harris—I put the two pieces of the sixpence in Mr. Harris's hand—Mr. Harris told the prisoner about it, and they went aside from the stall—the prisoner did not pay me; for the coffee.</p>
<xptr type="pageFacsimile" doc="185407030026"/>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-85" type="witnessName">
<interp inst="t18540703-name-85" type="gender" value="male"/>
<interp inst="t18540703-name-85" type="surname" value="HARRIS"/>
<interp inst="t18540703-name-85" type="given" value="JAMES"/>JAMES HARRIS</persName> </hi>. I received from Rickards two pieces of a sixpence—I put a small piece in my mouth and bit a small piece off it, and made it into three pieces—I heard the witness say the prisoner had given him a bad sixpence; the prisoner said he had not—when I found it was bad, and knowing the prisoner, I seized him—he struggled a little with me, and I lost the small piece of the sixpence—on taking him across the road, he offered me a good sixpence, which I took, and gave that and the pieces to the officer.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-86" type="witnessName">
<interp inst="t18540703-name-86" type="gender" value="male"/>
<interp inst="t18540703-name-86" type="surname" value="SEARLE"/>
<interp inst="t18540703-name-86" type="given" value="GEORGE"/>GEORGE SEARLE</persName> </hi> (
<hi rend="italic">policeman, A</hi> 248). I took charge of the prisoner on 18th June, early in the morning—Mr. Harris gave me these two pieces of a counterfeit sixpence, and this good sixpence—the prisoner gave his address, but he gave no number.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-87" type="witnessName">
<interp inst="t18540703-name-87" type="gender" value="male"/>
<interp inst="t18540703-name-87" type="surname" value="WEBSTER"/>
<interp inst="t18540703-name-87" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. I am inspector of coin to the Royal Mint; these are parts of a bad sixpence.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> The night that I was given in charge for this bad sixpence, I had had a great deal to drink; if I had a bad sixpence I was not aware of it; I went to have a cup of coffee at the stall; he told me it was bad, and I gave him another; I drank the coffee, and would not go without my change; he came and took hold of me, and gave me in charge; I had had so much to drink, I did not know what I had till I was taken to the station.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-88" type="witnessName">
<interp inst="t18540703-name-88" type="gender" value="male"/>
<interp inst="t18540703-name-88" type="surname" value="SEARLE"/>
<interp inst="t18540703-name-88" type="given" value="GEORGE"/>GEORGE SEARLE</persName> </hi>
<hi rend="italic">re-examined.</hi> He was not in liquor at all.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-89" type="witnessName">
<interp inst="t18540703-name-89" type="gender" value="male"/>
<interp inst="t18540703-name-89" type="surname" value="HARRIS"/>
<interp inst="t18540703-name-89" type="given" value="JAMES"/>JAMES HARRIS</persName> </hi>
<hi rend="italic">re-examined. Q.</hi> Was there any appearance of his being intoxicated?
<hi rend="italic">A.</hi> Not the least.</p>
<p>
<hi rend="smallCaps">
<rs id="t18540703-827-verdict-1" type="verdictDescription">
<interp inst="t18540703-827-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540703-827-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 23.—
<hi rend="italic">
<rs id="t18540703-827-punishment-21" type="punishmentDescription">
<interp inst="t18540703-827-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18540703-827-punishment-21" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-827-18540703 t18540703-827-punishment-21"/>Confined Eighteen Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18540703-828">
<interp inst="t18540703-828" type="uri" value="sessionsPapers/18540703"/>
<interp inst="t18540703-828" type="date" value="18540703"/>
<join result="criminalCharge" id="t18540703-828-charge-1" targOrder="Y" targets="def1-828-18540703 t18540703-828-offence-1 t18540703-828-verdict-1"/>
<p>828.
<persName id="def1-828-18540703" type="defendantName">
<interp inst="def1-828-18540703" type="gender" value="female"/>
<interp inst="def1-828-18540703" type="age" value="50"/>
<interp inst="def1-828-18540703" type="surname" value="DAVIS"/>
<interp inst="def1-828-18540703" type="given" value="MARIA"/>
<hi rend="largeCaps">MARIA DAVIS</hi>,
<hi rend="italic">alias</hi>
<rs id="t18540703-alias-1" type="alias">
<join result="nameAlias" targOrder="Y" targets="def1-828-18540703 t18540703-alias-1"/>
<hi rend="largeCaps">M'DANIELS</hi> </rs> </persName>, was indicted for
<rs id="t18540703-828-offence-1" type="offenceDescription">
<interp inst="t18540703-828-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18540703-828-offence-1" type="offenceSubcategory" value="coiningOffences"/> a like offence.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. ELLIS</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">W. J.PAYNE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-91" type="witnessName">
<interp inst="t18540703-name-91" type="gender" value="male"/>
<interp inst="t18540703-name-91" type="surname" value="BAKER"/>
<interp inst="t18540703-name-91" type="given" value="JOHN"/>JOHN BAKER</persName> </hi> (
<hi rend="italic">policeman, C</hi> 108). I produce a certificate, which I got from Mr. Clark's office—(
<hi rend="italic">read: At this court, on the</hi> 19
<hi rend="italic">th Sept., Maria Davis was convicted for uttering counterfeit coin, and Confined Six Months</hi>)—I was present—the prisoner is the party who was then tried and convicted.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-92" type="witnessName">
<interp inst="t18540703-name-92" type="gender" value="male"/>
<interp inst="t18540703-name-92" type="surname" value="POULTER"/>
<interp inst="t18540703-name-92" type="given" value="WILLIAM"/>WILLIAM POULTER</persName> </hi>. I am barman to Mr. Hubbard, who keeps the Globe, in Holborn. On 13th May, the prisoner came for half a quartern of rum; she gave me a half crown; I gave it to my master—he cut it, and gave it to the policeman—I saw that what he cut was what the prisoner gave me—the prisoner ran out and left her bottle behind her—my master followed her; she was brought back by the policeman.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-93" type="witnessName">
<interp inst="t18540703-name-93" type="gender" value="male"/>
<interp inst="t18540703-name-93" type="surname" value="HUBBARD"/>
<interp inst="t18540703-name-93" type="given" value="HENRY SAMUEL"/>HENRY SAMUEL HUBBARD</persName> </hi>. I keep the Globe—I received the half crown from Poulter, and cut it; the prisoner was by—she then left the house—I followed her, and gave her in charge to the policeman; I gave him the half crown.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-94" type="witnessName">
<interp inst="t18540703-name-94" type="gender" value="male"/>
<interp inst="t18540703-name-94" type="surname" value="PRICE"/>
<interp inst="t18540703-name-94" type="given" value="CHARLES THOMAS"/>CHARLES THOMAS PRICE</persName> </hi> (
<hi rend="italic">City-policeman</hi>, 226). The prisoner was given into my custody on 13th May—I got this bad half crown from Mr. Hubbard—the prisoner was discharged by the Magistrate, as there was no other charge against her.</p>
<p>
<hi rend="italic">Prisoner.</hi> There were some duplicates taken from me, which have not been given back to me.</p>
<p>
<hi rend="italic">Witness.</hi> There were some taken from her.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-95" type="witnessName">
<interp inst="t18540703-name-95" type="gender" value="male"/>
<interp inst="t18540703-name-95" type="surname" value="LYONS"/>
<interp inst="t18540703-name-95" type="given" value="ALEXANDER"/>ALEXANDER LYONS</persName> </hi>. I am a baker, and live at No. 44, Museum-street, Bloomsbury. On Thursday, 1st June, I saw the prisoner in my shop in the evening; she asked for a half quartern loaf—I served her—she put down a half crown; I had put down the two shillings, and I called my</p>
<xptr type="pageFacsimile" doc="185407030027"/>
<p>daughter; she discovered that the half crown was bad, and she caught it up, and I caught up my two shillings—the prisoner did not get them—my daughter laid hold of the half crown, and bent it immediately—I kept it, and gave it to the policeman—I questioned the prisoner where she got the half crown, and how, and she told me that she got it in Newgate-market; and then she told me another story; she told me so many different things, that I was induced to give her in charge.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-96" type="witnessName">
<interp inst="t18540703-name-96" type="gender" value="male"/>
<interp inst="t18540703-name-96" type="surname" value="DAVIS"/>
<interp inst="t18540703-name-96" type="given" value="JAMES"/>JAMES DAVIS</persName> </hi> (
<hi rend="italic">policeman E</hi> 129). On 1st June, the prisoner was given into my custody by the last witness; he also gave me this half crown.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-97" type="witnessName">
<interp inst="t18540703-name-97" type="gender" value="male"/>
<interp inst="t18540703-name-97" type="surname" value="WEBSTER"/>
<interp inst="t18540703-name-97" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are both counterfeit; one is a William the Fourth, and the other a George the Third.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I was not aware that they were bad.</p>
<p>
<hi rend="smallCaps">
<rs id="t18540703-828-verdict-1" type="verdictDescription">
<interp inst="t18540703-828-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540703-828-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 50.—
<hi rend="italic">
<rs id="t18540703-828-punishment-22" type="punishmentDescription">
<interp inst="t18540703-828-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18540703-828-punishment-22" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-828-18540703 t18540703-828-punishment-22"/>Confined Eighteen Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18540703-829">
<interp inst="t18540703-829" type="uri" value="sessionsPapers/18540703"/>
<interp inst="t18540703-829" type="date" value="18540703"/>
<join result="criminalCharge" id="t18540703-829-charge-1" targOrder="Y" targets="def1-829-18540703 t18540703-829-offence-1 t18540703-829-verdict-1"/>
<p>829.
<persName id="def1-829-18540703" type="defendantName">
<interp inst="def1-829-18540703" type="gender" value="female"/>
<interp inst="def1-829-18540703" type="age" value="24"/>
<interp inst="def1-829-18540703" type="surname" value="WEIGHT"/>
<interp inst="def1-829-18540703" type="given" value="MARY ANN"/>
<hi rend="largeCaps">MARY ANN WEIGHT</hi> </persName>
<rs id="t18540703-829-offence-1" type="offenceDescription">
<interp inst="t18540703-829-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18540703-829-offence-1" type="offenceSubcategory" value="coiningOffences"/>, unlawfully uttering counterfeit coin.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. ELLIS</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">W. J. PAYNE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-99" type="witnessName">
<interp inst="t18540703-name-99" type="gender" value="female"/>
<interp inst="t18540703-name-99" type="surname" value="STRATFORD"/>
<interp inst="t18540703-name-99" type="given" value="HANNAH"/>HANNAH STRATFORD</persName> </hi>. On Monday, 12th June, I was assisting my bro
<lb/>ther, Mr. Stratford, at his shop, No. 12, Well-street, Mile End—on that evening the prisoner came and asked for half a quartern loaf—I served her—the price was 4 1/2
<hi rend="italic">d</hi>., she gave me a shilling—I gave her change, and put the shilling into the till—there was a 2
<hi rend="italic">s</hi>.-piece in the till, but no other shil
<lb/>ling—about half an hour afterwards the prisoner came again and asked for a quartern of butter, it came to 1 1/2
<hi rend="italic">d</hi>.; I served her—she gave me a shilling, I gave her change, and put the shilling in the till—about half an hour afterwards she came again—I had put nothing in the till between the times of her coming—she came a third time and asked for something, I cannot call to mind what, and she gave me a shilling; I gave her change and put that shilling in the till; I had not put any money in the till but those three shillings—the prisoner then left, and in the course of the even
<lb/>ing Mr. Smith came for some money that my sister owed him for butter—I took the three shillings out of the till, with the 2
<hi rend="italic">s</hi>.-piece, and went in the parlour and put it on the window ledge to my sister-in-law, Eliza—from the time the prisoner first came till I took this money out of the till, no other money had been put in it—when Mr. Smith came I passed the money to my brother's hand, and saw him give it to Mr. Smith the butter man—the next day Mr. Smith came again, and brought three bad shillings; he said he thought I was playing a
<hi rend="italic">lark</hi> with him to give him these three shilling—I took them and placed them in the window to my sister, and I gave Mr. Smith good money—I marked the bad shillings, and gave them to the policeman.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-100" type="witnessName">
<interp inst="t18540703-name-100" type="gender" value="male"/>
<interp inst="t18540703-name-100" type="surname" value="SMITH"/>
<interp inst="t18540703-name-100" type="given" value="JAMES"/>JEMES SMITH</persName> </hi>. I am in the service of a cheesemonger. On 12th June I saw the last witness, and Mr. Stratford gave me a florin and three shil
<lb/>lings; I wrapped them in a bit of paper, and the next morning I found the three shillings were bad; but not the florin—I went to Mr. Stratford's in my dinner hour, and took the three shillings—I saw the last witness take them up.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-101" type="witnessName">
<interp inst="t18540703-name-101" type="gender" value="female"/>
<interp inst="t18540703-name-101" type="surname" value="STRATFORD"/>
<interp inst="t18540703-name-101" type="given" value="ELIZA"/>ELIZA STRATFORD</persName> </hi>. On 13th June I saw the prisoner, she came to my shop about 11 o'clock in the morning for some eggs and milk, and spice, which came to 3 1/2
<hi rend="italic">d</hi>.; she gave me a shilling, I gave her all coppers in change; I put the shilling into the till—there was no other shilling there—I saw Mr. Smith come between 1 and 2 o'clock, he brought the three bad shillings back—between 2 and 3 o'clock I took the shilling out of the till that I had put in—there was no other shilling there—I gave it to my hus
<lb/>band: he said it was bad, he gave it me back again; I put it in the window,</p>
<xptr type="pageFacsimile" doc="185407030028"/>
<p>but I did not mix it with the other three—the prisoner came again about half an hour afterwards and bought something, and gave my husband a good shilling—she came again afterwards and had some coffee, and eggs, and milk—I knew her again—she brought me a bad shilling—I told her she had given my sister three bad shillings the day before, and that was the second she had given me that day, and I should give her in charge—she said, "Do so"—I gave the last shilling and the shilling that I had placed in the parlour window to the policeman, and the other three.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-102" type="witnessName">
<interp inst="t18540703-name-102" type="gender" value="male"/>
<interp inst="t18540703-name-102" type="surname" value="STRATFORD"/>
<interp inst="t18540703-name-102" type="given" value="HENRY CHAERLES"/>HENRY CHAERLES STRATFORD</persName> </hi>. On Monday night, 12th June, Mr. Smith came to my shop; I gave him three shillings and a 2
<hi rend="italic">s</hi>.-piece, which had been given to me by my sister Hannah—the next day I saw him come, and bring back the three shillings; they were given to Hannah—on that day my wife gave me a bad shilling; I gave it her back, and she put it on the window ledge.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-103" type="witnessName">
<interp inst="t18540703-name-103" type="gender" value="male"/>
<interp inst="t18540703-name-103" type="surname" value="HOWLAND"/>
<interp inst="t18540703-name-103" type="given" value="EDWARD"/>EDWARD HOWLAND</persName> </hi> (
<hi rend="italic">policeman, H</hi> 89). On Tuesday, 13th June, I went to Mr. Stratford's—Mrs. Stratford gave me these two shillings, and Hannah Stratford put these three shillings on the counter; she marked them, and I took possession of them—I took the prisoner.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-104" type="witnessName">
<interp inst="t18540703-name-104" type="gender" value="male"/>
<interp inst="t18540703-name-104" type="surname" value="WEBSTER"/>
<interp inst="t18540703-name-104" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These five shillings are all bad, and from the same mould.</p>
<p>
<hi rend="italic">Prisoner.</hi> I went on the Tuesday for some milk, and gave a shilling; I went again in the afternoon, and she said I had been in the shop before, and I said, "Give me in charge;" I waited till the policeman came.</p>
<p>
<hi rend="smallCaps">JURY</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">HANNAH STRATFORD</hi>.
<hi rend="italic">Q.</hi> What was the change you gave the prisoner?
<hi rend="italic">A.</hi> Coppers on each occasion—I had been serving in the shop all the time, and took nothing but coppers, and no other shilling was put in the till.</p>
<p>
<hi rend="smallCaps">
<rs id="t18540703-829-verdict-1" type="verdictDescription">
<interp inst="t18540703-829-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540703-829-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 24.—
<hi rend="italic">
<rs id="t18540703-829-punishment-23" type="punishmentDescription">
<interp inst="t18540703-829-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t18540703-829-punishment-23" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-829-18540703 t18540703-829-punishment-23"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18540703-830">
<interp inst="t18540703-830" type="uri" value="sessionsPapers/18540703"/>
<interp inst="t18540703-830" type="date" value="18540703"/>
<join result="criminalCharge" id="t18540703-830-charge-1" targOrder="Y" targets="def1-830-18540703 t18540703-830-offence-1 t18540703-830-verdict-1"/>
<p>830.
<persName id="def1-830-18540703" type="defendantName">
<interp inst="def1-830-18540703" type="gender" value="male"/>
<interp inst="def1-830-18540703" type="age" value="25"/>
<interp inst="def1-830-18540703" type="surname" value="M'CARTHY"/>
<interp inst="def1-830-18540703" type="given" value="TIMOTHY"/>
<hi rend="largeCaps">TIMOTHY M'CARTHY</hi> </persName> was indicted
<rs id="t18540703-830-offence-1" type="offenceDescription">
<interp inst="t18540703-830-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18540703-830-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence: to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18540703-830-verdict-1" type="verdictDescription">
<interp inst="t18540703-830-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540703-830-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 25.—
<hi rend="italic">
<rs id="t18540703-830-punishment-24" type="punishmentDescription">
<interp inst="t18540703-830-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t18540703-830-punishment-24" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-830-18540703 t18540703-830-punishment-24"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18540703-831">
<interp inst="t18540703-831" type="uri" value="sessionsPapers/18540703"/>
<interp inst="t18540703-831" type="date" value="18540703"/>
<join result="criminalCharge" id="t18540703-831-charge-1" targOrder="Y" targets="def1-831-18540703 t18540703-831-offence-1 t18540703-831-verdict-1"/>
<p>831.
<persName id="def1-831-18540703" type="defendantName">
<interp inst="def1-831-18540703" type="gender" value="female"/>
<interp inst="def1-831-18540703" type="surname" value="LOVELOCK"/>
<interp inst="def1-831-18540703" type="given" value="SARAH"/>
<hi rend="largeCaps">SARAH LOVELOCK</hi> </persName> was indicted
<rs id="t18540703-831-offence-1" type="offenceDescription">
<interp inst="t18540703-831-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18540703-831-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. ELLIS</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">W. J. PAYNE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-107" type="witnessName">
<interp inst="t18540703-name-107" type="gender" value="male"/>
<interp inst="t18540703-name-107" type="surname" value="BORLEY"/>
<interp inst="t18540703-name-107" type="given" value="JOHN"/>JOHN BORLEY</persName> </hi>. I am a grocer, and live in Cromer-street. On 10th June the prisoner came for a slice of bacon—I think it came to about 4 1/2
<hi rend="italic">d</hi>.—she gave me a shilling—I noticed it—it was a bad one—I put it into my pocket, where I had no other money—the prisoner went away, and she came again in the evening and wanted more bacon—she said she found it so good she hoped it was not all sold—she had some, and she gave me another bad shilling—I told her so—she said she did not know it, and she would go home and come back directly—she went home and came back, and brought a penny to pay for the sugar, but she could not pay for the bacon—she said she would come for that when her husband came home—I sent for a con
<lb/>stable and gave him her address—he went and took her.</p>
<p>
<hi rend="italic">Prisoner.</hi> I came three times to your shop.
<hi rend="italic">Witness.</hi> Yes, you did—I am not aware that you had dealt with me for two years—you may have been there—I did not call you by your name; I did not know it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-108" type="witnessName">
<interp inst="t18540703-name-108" type="gender" value="male"/>
<interp inst="t18540703-name-108" type="surname" value="WELLER"/>
<interp inst="t18540703-name-108" type="given" value="SAMUEL"/>SAMUEL WELLER</persName> </hi> (
<hi rend="italic">policeman, E</hi> 157). I was in Cromer-street—I went to Mr. Borley's, and he directed me to go to a house—I went, and the pri
<lb/>soner refused to let me in—I put my foot against the door and broke it open—I found the prisoner in the room, and no one else—I told her what she was charged with—she refused knowing anything about the two bad shillings, and she refused at the station knowing anything at all about them—the next day, at Clerkenwell, she told me her nephew had given it to her, and she was in very great distress or she would not have done it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-109" type="witnessName">
<interp inst="t18540703-name-109" type="gender" value="male"/>
<interp inst="t18540703-name-109" type="surname" value="WEBSTER"/>
<interp inst="t18540703-name-109" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are both bad.</p>
<p>
<hi rend="smallCaps">
<rs id="t18540703-831-verdict-1" type="verdictDescription">
<interp inst="t18540703-831-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18540703-831-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18540703-832">
<interp inst="t18540703-832" type="uri" value="sessionsPapers/18540703"/>
<interp inst="t18540703-832" type="date" value="18540703"/>
<join result="criminalCharge" id="t18540703-832-charge-1" targOrder="Y" targets="def1-832-18540703 t18540703-832-offence-1 t18540703-832-verdict-1"/>
<xptr type="pageFacsimile" doc="185407030029"/>
<p>832.
<persName id="def1-832-18540703" type="defendantName">
<interp inst="def1-832-18540703" type="gender" value="male"/>
<interp inst="def1-832-18540703" type="surname" value="GREEN"/>
<interp inst="def1-832-18540703" type="given" value="ELDRED HENRY"/>
<hi rend="largeCaps">ELDRED HENRY GREEN</hi> </persName> was indicted
<rs id="t18540703-832-offence-1" type="offenceDescription">
<interp inst="t18540703-832-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18540703-832-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. ELLIS</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">W. J. PAYNE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-111" type="witnessName">
<interp inst="t18540703-name-111" type="gender" value="female"/>
<interp inst="t18540703-name-111" type="surname" value="PLOWMAN"/>
<interp inst="t18540703-name-111" type="given" value="ELIZABETH"/>ELIZABETH PLOWMAN</persName> </hi>. My husband keeps a beer shop, in Leonard-square, Shoreditch. The prisoner came one day for half a pint of beer—I served him—it came to a penny—he gave me a 4
<hi rend="italic">d</hi>. piece—I gave him 3
<hi rend="italic">d</hi>. change—I put the 4
<hi rend="italic">d</hi>. piece on a shelf where there was no other money—when my husband came in I gave him the 4
<hi rend="italic">d</hi>. piece; he bit it, and the edge fell off—he gave it to me back, and the piece of the rim—I put it on the shelf, where there was no other money—I saw my husband give them to the con
<lb/>stable—on 14th June the prisoner came, about half-past 10 o'clock in the evening—he had half a pint of half and half, which came to 1 1/2
<hi rend="italic">d</hi>.—he gave me a shilling—I said it was bad; he said he was not aware of it—I said it was bad and I should lock him up, and I called in an officer—the prisoner offered me a good shilling, but I would not take it—I said he had been in the house before and given me a bad 4
<hi rend="italic">d</hi>. piece—he said he was sure it was not him.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> How long was it before the shilling was offered that I offered the 4
<hi rend="italic">d</hi>. piece?
<hi rend="italic">A.</hi> A fortnight or three weeks—I did not swear it was a month.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-112" type="witnessName">
<interp inst="t18540703-name-112" type="gender" value="male"/>
<interp inst="t18540703-name-112" type="surname" value="PARGETER"/>
<interp inst="t18540703-name-112" type="given" value="JOSEPH"/>JOSEPH PARGETER</persName> </hi> (
<hi rend="italic">policeman, G</hi> 215). On 15th June I was called to Mr. Plowman's, and found the prisoner there—I took him into custody—I told him he was charged with uttering a bad shilling—he said he was not aware of it—when he was coming out of the door he said, "I am very sorry; I would not mind giving you anything to let me go"—I found a good shilling on him—I received this shilling and 4
<hi rend="italic">d</hi>. piece from Mr. Plowman.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-113" type="witnessName">
<interp inst="t18540703-name-113" type="gender" value="male"/>
<interp inst="t18540703-name-113" type="surname" value="WEBSTER"/>
<interp inst="t18540703-name-113" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are both bad.</p>
<p>
<hi rend="smallCaps">
<rs id="t18540703-832-verdict-1" type="verdictDescription">
<interp inst="t18540703-832-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18540703-832-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18540703-833">
<interp inst="t18540703-833" type="uri" value="sessionsPapers/18540703"/>
<interp inst="t18540703-833" type="date" value="18540703"/>
<join result="criminalCharge" id="t18540703-833-charge-1" targOrder="Y" targets="def1-833-18540703 t18540703-833-offence-1 t18540703-833-verdict-1"/>
<p>833.
<persName id="def1-833-18540703" type="defendantName">
<interp inst="def1-833-18540703" type="gender" value="male"/>
<interp inst="def1-833-18540703" type="age" value="67"/>
<interp inst="def1-833-18540703" type="surname" value="JONES"/>
<interp inst="def1-833-18540703" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN JONES</hi>,
<hi rend="italic">alias
<rs id="t18540703-alias-2" type="alias">
<join result="nameAlias" targOrder="Y" targets="def1-833-18540703 t18540703-alias-2"/> Smith</rs> </hi> </persName>
<rs id="t18540703-833-offence-1" type="offenceDescription">
<interp inst="t18540703-833-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18540703-833-offence-1" type="offenceSubcategory" value="coiningOffences"/>, feloniously having counterfeit coin in his possession, having been before convicted: to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18540703-833-verdict-1" type="verdictDescription">
<interp inst="t18540703-833-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540703-833-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 67.—
<hi rend="italic">
<rs id="t18540703-833-punishment-25" type="punishmentDescription">
<interp inst="t18540703-833-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t18540703-833-punishment-25" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-833-18540703 t18540703-833-punishment-25"/>Four Years Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18540703-834">
<interp inst="t18540703-834" type="uri" value="sessionsPapers/18540703"/>
<interp inst="t18540703-834" type="date" value="18540703"/>
<join result="criminalCharge" id="t18540703-834-charge-1" targOrder="Y" targets="def1-834-18540703 t18540703-834-offence-1 t18540703-834-verdict-1"/>
<p>834.
<persName id="def1-834-18540703" type="defendantName">
<interp inst="def1-834-18540703" type="gender" value="male"/>
<interp inst="def1-834-18540703" type="age" value="25"/>
<interp inst="def1-834-18540703" type="surname" value="MARKHAM"/>
<interp inst="def1-834-18540703" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN MARKHAM</hi> </persName>
<rs id="t18540703-834-offence-1" type="offenceDescription">
<interp inst="t18540703-834-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18540703-834-offence-1" type="offenceSubcategory" value="coiningOffences"/>, unlawfully uttering counterfeit coin: to which he</rs> </p>
<p>
<rs id="t18540703-834-verdict-1" type="verdictDescription">
<interp inst="t18540703-834-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540703-834-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>
<hi rend="smallCaps">PLEADED GUILTY.</hi> </rs>† Aged 25.—
<rs id="t18540703-834-punishment-26" type="punishmentDescription">
<interp inst="t18540703-834-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t18540703-834-punishment-26" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-834-18540703 t18540703-834-punishment-26"/>
<hi rend="italic">Confined Eighteen Months.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18540703-835">
<interp inst="t18540703-835" type="uri" value="sessionsPapers/18540703"/>
<interp inst="t18540703-835" type="date" value="18540703"/>
<join result="criminalCharge" id="t18540703-835-charge-1" targOrder="Y" targets="def1-835-18540703 t18540703-835-offence-1 t18540703-835-verdict-1"/>
<p>835.
<persName id="def1-835-18540703" type="defendantName">
<interp inst="def1-835-18540703" type="gender" value="male"/>
<interp inst="def1-835-18540703" type="surname" value="SMITH"/>
<interp inst="def1-835-18540703" type="given" value=" HENRY"/>
<hi rend="largeCaps">HENRY SMITH</hi> </persName>,
<rs id="t18540703-835-offence-1" type="offenceDescription">
<interp inst="t18540703-835-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18540703-835-offence-1" type="offenceSubcategory" value="burglary"/>Burglary in the dwelling house of
<persName id="t18540703-name-117" type="victimName">
<interp inst="t18540703-name-117" type="gender" value="male"/>
<interp inst="t18540703-name-117" type="surname" value="CARR"/>
<interp inst="t18540703-name-117" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18540703-835-offence-1 t18540703-name-117"/>John Carr</persName>, and stealing 3 coats and other goods, value 6
<hi rend="italic">l</hi>.; his property: to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18540703-835-verdict-1" type="verdictDescription">
<interp inst="t18540703-835-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540703-835-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.
<hi rend="italic">
<rs id="t18540703-835-punishment-27" type="punishmentDescription">
<interp inst="t18540703-835-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t18540703-835-punishment-27" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-835-18540703 t18540703-835-punishment-27"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18540703-836">
<interp inst="t18540703-836" type="uri" value="sessionsPapers/18540703"/>
<interp inst="t18540703-836" type="date" value="18540703"/>
<join result="criminalCharge" id="t18540703-836-charge-1" targOrder="Y" targets="def1-836-18540703 t18540703-836-offence-1 t18540703-836-verdict-1"/>
<join result="criminalCharge" id="t18540703-836-charge-2" targOrder="Y" targets="def2-836-18540703 t18540703-836-offence-1 t18540703-836-verdict-3"/>
<join result="criminalCharge" id="t18540703-836-charge-3" targOrder="Y" targets="def3-836-18540703 t18540703-836-offence-1 t18540703-836-verdict-2"/>
<p>836.
<hi rend="largeCaps">
<persName id="def1-836-18540703" type="defendantName">
<interp inst="def1-836-18540703" type="gender" value="male"/>
<interp inst="def1-836-18540703" type="age" value="18"/>
<interp inst="def1-836-18540703" type="surname" value="DENT"/>
<interp inst="def1-836-18540703" type="given" value="CHARLES"/>CHARLES DENT</persName>,
<persName id="def2-836-18540703" type="defendantName">
<interp inst="def2-836-18540703" type="gender" value="male"/>
<interp inst="def2-836-18540703" type="surname" value="HUBBARD"/>
<interp inst="def2-836-18540703" type="given" value="JAMES"/> JAMES HUBBARD</persName> </hi>, and
<persName id="def3-836-18540703" type="defendantName">
<interp inst="def3-836-18540703" type="gender" value="male"/>
<interp inst="def3-836-18540703" type="age" value="18"/>
<interp inst="def3-836-18540703" type="surname" value="WOOLSEY"/>
<interp inst="def3-836-18540703" type="given" value="PETER"/>
<hi rend="largeCaps">PETER WOOL
<lb/>SEY</hi> </persName>
<rs id="t18540703-836-offence-1" type="offenceDescription">
<interp inst="t18540703-836-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18540703-836-offence-1" type="offenceSubcategory" value="burglary"/>, burglary in the dwelling house of
<persName id="t18540703-name-121" type="victimName">
<interp inst="t18540703-name-121" type="gender" value="female"/>
<interp inst="t18540703-name-121" type="surname" value="CORDELL"/>
<interp inst="t18540703-name-121" type="given" value="MARY ANN"/>
<join result="offenceVictim" targOrder="Y" targets="t18540703-836-offence-1 t18540703-name-121"/>Mary Ann Cordell</persName>, and stealing 2 sheets, and other articles, value 23
<hi rend="italic">l</hi>.; her property: Dent and Woolsey having been before convicted; to which</rs> </p>
<p>
<hi rend="largeCaps">DENT PLEADED</hi>
<rs id="t18540703-836-verdict-1" type="verdictDescription">
<interp inst="t18540703-836-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18540703-836-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>
<hi rend="smallCaps">GUILTY.†</hi> </rs> Aged 18.</p>
<p>
<hi rend="largeCaps">WOOLSEY</hi>
<rs id="t18540703-836-verdict-2" type="verdictDescription">
<interp inst="t18540703-836-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18540703-836-verdict-2" type="verdictSubcategory" value="pleadedGuilty"/>
<hi rend="smallCaps">PLEADED GUILTY.†</hi> </rs> Aged 18.</p>
<p>
<rs id="t18540703-836-punishment-28" type="punishmentDescription">
<interp inst="t18540703-836-punishment-28" type="punishmentCategory" value="imprison"/>
<interp inst="t18540703-836-punishment-28" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-836-18540703 t18540703-836-punishment-28"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-836-18540703 t18540703-836-punishment-28"/>
<hi rend="italic">Four Years Penal Servitude.</hi> </rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-122" type="witnessName">
<interp inst="t18540703-name-122" type="gender" value="female"/>
<interp inst="t18540703-name-122" type="surname" value="CORDELL"/>
<interp inst="t18540703-name-122" type="given" value="MARY ANN"/>MARY ANN CORDELL</persName> </hi>. I am a widow; I live at Islington and am a laundress. On the night of 18th June I went to bed about half past 12 o'clock—I had fastened the house—I heard a noise about half past 4 o'clock—I got up, and went to bed again—I was awoke by my servant—I went down, and found the greater part of the property which I had placed in the passage over night was gone—the kitchen window had had the glass cut, and they had unfastened the window by that means—it had been fastened the night before—the property I missed was worth about 25
<hi rend="italic">l</hi>.—this is a part of it.</p>
<xptr type="pageFacsimile" doc="185407030030"/>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-123" type="witnessName">
<interp inst="t18540703-name-123" type="gender" value="male"/>
<interp inst="t18540703-name-123" type="surname" value="PALMER"/>
<interp inst="t18540703-name-123" type="given" value="SAMUEL"/>SAMUEL PALMER</persName> </hi>. I live in Cock-and-Castle-lane, Kingston. On 20th June I was up very early in the morning, going to work in the brick field—I saw the prisoner Dent and another lad with him—Dent had this bag with him; he hid it in a brick field.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-124" type="witnessName">
<interp inst="t18540703-name-124" type="gender" value="male"/>
<interp inst="t18540703-name-124" type="surname" value="LANGDON"/>
<interp inst="t18540703-name-124" type="given" value="GEORGE"/>GEORGE LANGDON</persName> </hi>. (
<hi rend="italic">police sergeant, N</hi> 27). I received information on 20th June—I went to a brick field and found this bag, containing this linen and some other things—I went into a house fourteen or fifteen yards off, and remained there, and between 6 and 7 o'clock I saw Dent and Woolsey come there—Dent went to the straw where the bag was concealed, and Woolsey remained on the bridge—they then went away together—after that Dent and Hubbard came, and Hubbard went and turned the straw over, and said, "All right"—they went away, and about 4 o'clock in the afternoon Dent and Hubbard came to a field and laid down, and a female brought them Borne refreshment—they went away, and about a quarter before 9 o'clock Dent and Hubbard came and took the bag, and I took them—Hubbard said he would tell me the truth, he knew nothing about stealing the things; he was asked to go and get the things away.</p>
<p>
<hi rend="largeCaps">HUBBARD</hi>
<hi rend="smallCaps">
<rs id="t18540703-836-verdict-1" type="verdictDescription">
<interp inst="t18540703-836-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18540703-836-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, July</hi> 5
<hi rend="italic">th</hi>, 1854.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>—The
<hi rend="largeCaps">LORD MAYOR</hi>; Mr. Baron
<hi rend="smallCaps">MARTIN</hi>; Mr. Ald.
<hi rend="smallCaps">MOON</hi>; and Sir
<hi rend="smallCaps">ROBERT WALTER CARDEN</hi>, Knt, Ald.</p>
<p>
<hi rend="italic">Before Mr. Baron Martin and the Third Jury.</hi> </p>
<div1 type="trialAccount" id="t18540703-837">
<interp inst="t18540703-837" type="uri" value="sessionsPapers/18540703"/>
<interp inst="t18540703-837" type="date" value="18540703"/>
<join result="criminalCharge" id="t18540703-837-charge-1" targOrder="Y" targets="def1-837-18540703 t18540703-837-offence-1 t18540703-837-verdict-2"/>
<join result="criminalCharge" id="t18540703-837-charge-2" targOrder="Y" targets="def2-837-18540703 t18540703-837-offence-1 t18540703-837-verdict-1"/>
<join result="criminalCharge" id="t18540703-837-charge-3" targOrder="Y" targets="def3-837-18540703 t18540703-837-offence-1 t18540703-837-verdict-1"/>
<p>837.
<hi rend="largeCaps">
<persName id="def1-837-18540703" type="defendantName">
<interp inst="def1-837-18540703" type="gender" value="male"/>
<interp inst="def1-837-18540703" type="surname" value="PETERS"/>
<interp inst="def1-837-18540703" type="given" value="SAMUEL CLARKSON"/>SAMUEL CLARKSON PETERS</persName>,
<persName id="def2-837-18540703" type="defendantName">
<interp inst="def2-837-18540703" type="gender" value="male"/>
<interp inst="def2-837-18540703" type="surname" value="HART"/>
<interp inst="def2-837-18540703" type="given" value="MOSS"/> MOSS HART</persName> </hi>, and
<persName id="def3-837-18540703" type="defendantName">
<interp inst="def3-837-18540703" type="gender" value="male"/>
<interp inst="def3-837-18540703" type="surname" value="SIMEON"/>
<interp inst="def3-837-18540703" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES SIMEON</hi> </persName>, were indicted for
<rs id="t18540703-837-offence-1" type="offenceDescription">
<interp inst="t18540703-837-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18540703-837-offence-1" type="offenceSubcategory" value="fraud"/> unlawfully conspiring to cheat and defraud divers persons of their goods.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. BALLANTINE, HUDDLESTON</hi>,
<hi rend="italic">and</hi>
<hi rend="smallCaps">HOLL</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-128" type="witnessName">
<interp inst="t18540703-name-128" type="gender" value="male"/>
<interp inst="t18540703-name-128" type="surname" value="EDWARDS"/>
<interp inst="t18540703-name-128" type="given" value="JOHN"/>JOHN EDWARDS</persName> </hi>. I am the usher to Mr. Commissioner Holroyd, at the Court of Bankruptcy. I produce the bankruptcy proceedings in the case of Samuel Clarkson Peters.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-129" type="witnessName">
<interp inst="t18540703-name-129" type="gender" value="male"/>
<interp inst="t18540703-name-129" type="surname" value="BLINK"/>
<interp inst="t18540703-name-129" type="given" value="GEORGE SAMUEL"/>GEORGE SAMUEL BLINK</persName> </hi>. I am clerk to Messrs. Van Sandau and Cumming, the attorneys for the prosecution. These proceedings are enrolled, and bear the seal of the Court—the petition was filed on 12th April, 1854—it is the petition of Thomas Brett and Henry Brett, of Wood-street, Warehouse-men—Peters was adjudicated a bankrupt on 15th April—the bankrupt was examined on 8th May—Simeon was first examined on 12th May—Hart was examined on 15th May, and Simeon's second examination was on the 16th.</p>
<p>
<hi rend="italic">The examination of Samuel Clarkson Peters, the bankrupt, was put in and read, as follows:</hi>—"Basinghall-street, London, 8th day of May, 1854. I, Samuel Clarkson Peters, the above-named bankrupt, being examined at the time and place above-mentioned, upon my solemn declaration, say: I opened my shop, at Southampton, on 5th September last—I mean my drapery shop, 64, High-street. I afterwards opened another shop, No. 109, High-street, as a furnishing warehouse, about the 26th or 27th January last I commenced business by buying stock about the 12th August last. I then had a capital of 700
<hi rend="italic">l</hi>., all my own—not borrowed. I invested that in the purchase of goods partly, and partly in paying the expenses of alterations in my shop, and furniture, and various things. I stopped payment on the 4th</p>
<xptr type="pageFacsimile" doc="185407030031"/>
<p>of April. On that day I had acceptances coming due to the amount of 500
<hi rend="italic">l</hi>., and I had then but 57
<hi rend="italic">l</hi>., and odd shillings, at my banker's, and no other money at the time. At the time of my failure I owed debts to the amount of about 9, 2002. At that period the amount of my assets, I consider, was worth about 4, 500
<hi rend="italic">l</hi>. I had sustained no losses by bad debts to any amount I ascribe the deficiency of my assets to my expenses and forced sales. I made those forced sales partly to Mr. Moss Hart, of No. 20, St. Mary-axe, and partly to Mr. Simeon, who also described him of No. 20, St. Mary-axe. I did not make forced sales to any other persons. I have sold other goods at my drapery shop under cost price, not to a large amount; I don't know the exact amount, but I can ascertain it from my books and assistants. In other respects my retail trade was carried on at a small profit. My retail trade was a very nice trade, but I am not enabled to say, on the average, how much per day or week I took in my shop. All the money I took in my trade was two or three times a week paid into my bankers, excepting only the expenses of my house, and travelling and current expenses; I mean by the words current expenses what are generally known as petty cash expenses. Upon the average my expenses were (including household and travelling expenses) about 30
<hi rend="italic">l</hi>. per week. Not having kept any cash book I cannot form any computation of what were my weekly takings in my busi
<lb/>ness. The books produced are all the books I ever kept; they are the books in the possession of the official assignee. I first became acquainted with Moss Hart about the 11th or 12th November last; he came into the shop to buy goods. He was at that time an entire stranger to me; I had never seen him before, nor did I till that time know his name. He came in and told me he could buy any odd goods or job goods that I might have. I sold him some that day; they were delaines, a few silk goods, and some rib
<lb/>bons, I think. I don't think he then purchased any woollen goods. I don't recollect any other goods he purchased then, but he might have done so. I think the amount he then purchased was about 80
<hi rend="italic">l</hi>. or 90
<hi rend="italic">l</hi>. I gave him an invoice with the goods, but retained no memorandum of them myself He paid in cash for the goods at the time. He then packed the goods, and had them sent away. The goods which I sold to Hart were goods which my young men, by my direction, put together as goods they could not sell in the shop. The goods he first purchased were valued in this way: I looked through the goods, caused them to be measured, and priced them. I asked him a price for the lot Hart did the like, and offered me a less price. After some haggling we came to an agreement as to the price. I think I sold these goods at full 30 per cent off. I don't think I paid the precise amount I received of Hart into my banker's that day; I might have done so. The amount I paid into my banker's, of 118
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., on the 11th of November, included all I received from Hart on that day, but I don't think I received the whole of that sum from Hart Hart principally paid me in bank notes, but never gave me any cheque. I always gave him receipts for the monies I had from him. My next transaction with Hart was a few days afterwards; I don't think it was on the next day; I think it was on the 14th of November last On that day I paid into my banker's 106
<hi rend="italic">l</hi>. I received about 100
<hi rend="italic">l</hi>. of that money from Hart This transaction with Hart was conducted similarly to the preceding one. The goods comprised in this sale were woollens, linens, and other drapery goods. They were selected in the same way as the others. Some of them were goods I could not sell in my shop, some were soiled whilst painting my shop, and some damaged; others of them were good marketable goods. Hart paid me in cash for those</p>
<xptr type="pageFacsimile" doc="185407030032"/>
<p>goods; I can't say what was the discount off the cost price of these goods; I am unable to say whether it was 50 per cent. discount off cost price, more or less. I gave Hart an invoice for these goods, and a receipt for the money, but kept no memorandum of the goods sold or the amount received of Hart myself. The sale and payment took place on the same day. These trans
<lb/>actions with Hart did not take place weekly, but I think he called upon me, and they took place monthly, I think he did call once between the 14th November and December; I think he called on me on the 20th November. I then sold him goods, but the amount of that transaction I don't recollect; that transaction was conducted in the same way as the others. I did not pay the amount I then received of Hart into my banker's, but took it to London, and applied it towards paying my creditors. I am unable to say how much less than cost price I sold those goods; I should say it would be about 40
<hi rend="italic">l</hi>. per cent off, but I should not like to take my oath that those goods were not sold at 50
<hi rend="italic">l</hi>. per cent, discount, or more, off cost price. Between the 20th November, and the time of my stopping payment, I think I had but four or five transactions of the same kind with Hart I can't say what precise amount I received from Hart, in the whole, on these transactions; but I think I can get the particulars from him. I should think I received from Mr. Hart, in the whole, about 2,900
<hi rend="italic">l</hi>.; but I am not positive as to the amount I received from him. This money was all received of Hart for goods I sold him between the 11th November and 4th April. I don't think any portion of the goods I sold to Hart were sold at less than 30
<hi rend="italic">l</hi>. per cent. off, but I should not like to say that any other portion of the goods which I sold to Hart were sold so well as at 30 per
<lb/>cent. discount off the cost price. All the goods I sold to Hart were sold to him from my shops, all paid the same or next day by Hart to me, after the sales had taken place. The goods were taken away by Hart, and sent to No. 20, St. Mary-axe. He occasionally employed my boy to truck them from my warehouse to the railway station. The boy's name is William Stermes. On every occasion I delivered an invoice to Hart of the goods he bought, and gave him a receipt for the money. The invoices contained a full detailed list of the goods on each of those occasions. Sometimes a price was put to each item, at other times in the gross. I never saw Simeon but once, and that was about the 3rd of February last He came to my shop with Hart, and bought some goods. Simeon then bought some cloths, and other drapery goods, and also carpets. Hart introduced Simeon on that occasion, and told me that Simeon could advance any sum of money, even 50,000
<hi rend="italic">l</hi>., if I wanted it for goods. I am unable to say what amount I then received from Simeon, I think about 300
<hi rend="italic">l</hi>. I am unable to say what proportion the sum I received from him bore to the cost price of the goods I sold to him. I should not like to take my oath that the goods I sold to Simeon did not cost me more than twice the amount I received from him for them. I never had any other transactions with Simeon but that one. Simeon paid me for those goods in Bank notes. I paid the amount into my banker's the same day. On reference to my banker's book, I find that on the 7th of February I paid 314
<hi rend="italic">l</hi>. in to my account, and I think that my transaction with Simeon took place on or about that day, and not on the 3rd of February, as above stated, and I have no doubt I received that 314
<hi rend="italic">l</hi>. from Simeon. I gave Simeon a detailed invoice of the goods I sold to him, and a receipt for the money, but whether the invoice specified the gross price, or so much per yard, I don't know; I kept no particulars of my transaction with Simeon. My transactions with Hart</p>
<xptr type="pageFacsimile" doc="185407030033"/>
<p>took place, from time to time, between the months of November and March last inclusive. I made large purchases of goods from August to March last inclusive. I made a large purchase on 4th March last; I may have done so on the 5th or 6th, but I don't think I did so after the 8th March last. The goods I sold to Simeon he did not himself select; I and my young men looked them out and offered them to him. There was only that one trans
<lb/>action with Simeon; but I have since heard that Hart sent a number of the parcels of goods which he had from me directed to Simeon. All the goods which I purchased were forwarded by the warehousemen of whom I bought them, to me at Southampton, and all were received by me at one or other of my shops. I will swear positively I never sold, on any one occasion, goods I had purchased in London before the goods reached my shops. I have, besides my sales to Simeon and Hart, sold occasionally an entire end of cloth. I had three or four customers who would occasionally buy an end of cloth. My proper business was a retail business, but I went once in three weeks to the shops around, and made sales to them from patterns, on the average from 20
<hi rend="italic">l</hi>. to 30
<hi rend="italic">l</hi>., it may be more or less; and this occurred regularly every three weeks. Those sales were at a small profit, but not so much as I got from my retail customers. Those sales were paid for monthly. I never sent any goods away from my shop which were not paid for or entered in my books, and that I swear to solemnly. The last time I received money from Hart was about the 28th of March last; at any rate, it was the latter end of the month. The amount I then received from him was about 80
<hi rend="italic">l</hi>., and was for goods delivered on the same day. That money I paid away to discharging creditors and small debts about Southampton; 30
<hi rend="italic">l</hi>. I paid to Mr. Ford, of King-street, Cheapside; 11
<hi rend="italic">l</hi>. to Hammon, in Southampton, and the remainder, for which I have vouchers, for small debts in Southampton. The last pre
<lb/>ceding sum which I received from Hart was on the 4th of March last; the sum I then received of him was about 150
<hi rend="italic">l</hi>. or 160
<hi rend="italic">l</hi>. I on one occasion borrowed money from Hart to the amount of 150
<hi rend="italic">l</hi>.; this was on the 3rd March last. He on other occasions lent me small sums. For the 150
<hi rend="italic">l</hi>. he lent me I let him have goods, at the end of March. It was the parcel of goods mentioned in the paper writing now produced and exhibited, marked A, headed—"Goods sent by the carriers from Southampton, sent to Hart on the 31st March last." For all the monies which I borrowed of Hart he had goods in payment I can't say at what per cent off the cost price the goods which Hart had in payment for the 150
<hi rend="italic">l</hi>. were sold to him at, as one of my young men, Sampson Hopkins, or whose name was Hopkins, but the Christian name I am uncertain about, looked out those goods, and arranged with Hart as to the price, but I finished the agreement with Hart as to those goods. I think the discount was 40
<hi rend="italic">l</hi>. per cent., or thereabout; I should say it was not 60 or 50 per cent off When Hart lent me the 150
<hi rend="italic">l</hi>. on 3rd March, if that was the day, for I am uncertain on what precise day it was, I gave him an I O U, but I don't recollect if anything was said as to goods, or how much profit he was to have for the loan, nor when the money was to be repaid; the reason I paid him that sum in goods at the end of March was that Hart called and asked for the money or for goods in payment On all other occasions when Hart lent me money I gave him I O U's. I cannot positively say whether all the goods specified in the aforesaid paper writing marked A, came from my warehouse, but I can say that many of them did. I would not venture to swear that any one parcel therein mentioned did not come from my warehouse. The last parcel in paper A, under date of 1st April last, weighing 3 cwt, I sold to Hart about the 28th or 29th March last; about</p>
<xptr type="pageFacsimile" doc="185407030034"/>
<p>the same time I sold to him the parcel mentioned in the said paper A, under date of 31st March last, as weighing 8 cwt. and one quarter. For those goods he gave me about 80
<hi rend="italic">l</hi>. in cash, before referred to, and kept the remainder for the 150
<hi rend="italic">l</hi>. he had advanced me, and for which he held my I O U, but he did not; return to me such I O U. The goods referred to in paper A., under date of 17th and 18th March last, as addressed to Simeon, weighing respectively 8 cwt. and three quarters, mast have been I believe one transaction, and were sold by me to Hart on or about the 17th March last; but I cannot say what sum I received from those goods, for I have no recollection of the transac
<lb/>tion, excepting that I believe that the 79
<hi rend="italic">l</hi>. paid into my banker's account on the 17th March last, was part of the proceeds of those goods. I have no recollection of the particular parcels mentioned in paper A., under date of the 11th and 13th March last, but they may have formed part of the goods I sold Hart on the 4th March last I do not recollect any transactions with Hart on the 11th or 13th March last; on looking at my ledger I find I paid Rogers, Lowring and Co., 100
<hi rend="italic">l</hi>. on the 11th March, and therefore I have now no doubt but that on or about the 11th March last I sold the goods to Hart mentioned in the paper writing marked A, under date of 11th and 13th March last. I find I also paid on the said 11th of March, 30
<hi rend="italic">l</hi>. to Hugh Jones and Co., and 30
<hi rend="italic">l</hi>. to Spence Baggally and Co. The papers shown to me are my invoices of goods delivered to me in March, amongst those papers there is an invoice of Messrs. Southall and Ponsford, of goods sold to me to the amount of 321
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>.; I gave the order for those goods on the 4th or 5th March last; that is for a portion, the other portions were bought previously. Those goods were received by me alto
<lb/>gether on the following day at my warehouse; nearly all of those goods are now in my warehouse; that is to say, when I made the assignment to Ponsford and Bodger in trust for my creditors; some portion may have been sold in the ordinary way of business over the counter before the 4th of April. I won't swear a portion of those goods were not sold to Hart or Simeon, but the bulk of them remains in my warehouse; I don't think that any of the goods purchased by me, and received in March last, have been paid for, some of them I think were paid for that I purchased in February; but I am not sure. The last goods I had from Candy and Co., was on the 20th of February last, amounting to the sum of 286
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>., those were partly sold and partly not. I cannot say if any were sold to Hart or Simeon, but some of them were sold retail, and some are now in stock. The ledger is principally in my wife's handwriting. Her name is Mary Anne; I looked over the book from time to time as my wife kept it. There are some sheets cut out of the ledger at the commencement I learnt from my wife that Grovecock's account had been written in the first page, and that she had entered that account in another part of the book, and had cut that sheet or sheets out. I learnt this from my wife about the latter end of March; or it may have been when Mr. Honey came down on the 4th of April last, my attention was then for the first time called to it. The book called "Pay outs," was written up by my young man, "Edwin Oakshot," I think in the last part of March, from vouchers and receipts, and by my dictation partly from memory: the latter part is written up by myself from vouchers which were omitted to be entered, and from my memory. The four last pages are the portions I refer to, as written by myself By that book, my payments out, amount to 1,299
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 9 1/2
<hi rend="italic">d</hi>.; but I don't think they contain all my payments out, I know there are various omissions. I state positively, that every sum which is entered in that book as having been</p>
<xptr type="pageFacsimile" doc="185407030035"/>
<p>paid was paid, and that no payment is therein stated to have been made which I do not believe was made.
<hi rend="italic">Examined by</hi>
<hi rend="smallCaps">MR. FITCH</hi>.—Hart is a job draper. It is customary for drapers to sell job lots. Mr. Hart has told me that he has bought job lots of others in Southampton, besides myself. The summer is the best time for my business. The period from No
<lb/>vember to March, is the worst part of the year. In the lots sold to Hart, the price was fixed on each article. The amount fixed on each article was not at the same discount off cost price. During the time the sales were made to Hart and Simeon, I was constantly making payments to my creditors. The usual credit I had from my creditors was three or four months bills. I made large payments to my creditors in February and March last; but I did not pay for the goods supplied in February and March, because the credit had not expired; I made the sales to Hart and Simeon, to meet my payments to my creditors and the bills falling due. The money I borrowed of Hart in March, was to meet the bills coming due on the 4th of that month. I asked Hart to lend it to me.</p>
<p>
<hi rend="italic">The examination of Most Hart, on</hi> 15
<hi rend="italic">th May</hi>, 1854,
<hi rend="italic">was ready as follows:</hi>—"Moss Hart, of No. 20, St. Mary Axe, in the city of London, wholesale job draper, being sworn and examined at the time and place above mentioned, upon his oath, saith as follows:—I have no warehouse or shop, mine is a private house. I have no clerk or assistant in business; the only book I keep is the one produced, marked A. I generally buy and sell for ready money; I don't keep any account of my purchases or sales. I have been lately from home. I returned home on Thursday last. I was at Man
<lb/>chester on Wednesday, and had been there some few days; nearly a week. I was staying there at the house of Mr. Ezechial, or some such name; the name of the street or number of the house I can't tell you, I think it is called South Parade, and near the Market-place; it is a general boarding house. It is the first time I was ever there, but I was called by my name in the house. I went to Manchester from Liverpool; I was at Liverpool about three or four days, and stayed at the Saddle Hotel, in Dale-street, there; I stopped in the room, No. 13. I think I left London on the 1st May, or it may have been the 2nd of May. I had not previously been permanently at home, but I had been there occasionally; for some weeks past I had been at different places. I went to Manchester and Liverpool with another person to buy there; but the cause of my going to Liverpool was to see some parties on board the
<hi rend="italic">Great Britain</hi>, in consequence of the accident. The parties I went to see were Mrs. Ellis and family. I did no business at Liverpool; I called at several places. I am in the habit of calling at every house in my line of business at the towns I visit. I called with Mr. David Davis, the son of Moses Davis, of Wormwood-street, Bishopsgate, on Messrs. Watts and Co., wholesale warehousemen at Manchester, and purchases were there made in the name of Davis. I also, when at Manchester, saw Mr. Barnard Bohn of Great Ailie-street, Goodman's-fields, diamond-merchant, and also Mr. Solomon Marks, of Great Prescott-street, Goodman's-fields, wholesale print-seller. I am acquainted with James Simeon, he was also a passenger by the
<hi rend="italic">Great Britain;</hi> I saw him at Liverpool after the 1st of May. I first be
<lb/>came acquainted with Simeon about eight or nine months ago; I was intro
<lb/>duced to him by an Australian friend of mine who is now in Australia, his name is John Jacobs, and he left England by the ship
<hi rend="italic">Mirzapore.</hi> I have not been connected at all with Simeon in business, excepting that I have sold him goods, and recommended him to several houses of business to pur
<lb/>chase</p>
<xptr type="pageFacsimile" doc="185407030036"/>
<p>goods, for which I had a commission from Simeon, and sometimes from the parties to whom I introduced him to buy goods; I accompanied Simeon once to Southampton. I was as you see in the habit of introducing Simeon, and I thought if he went with me I could recommend him to some one who would sell him goods to suit him; this was about three months ago. I have no memorandum of it; when at Southampton, I introduced him to Mr. Peters; we went down together by the morning train, and returned to town together by the mail train the same night. Before I went with Simeon to Southampton, I did not tell him to whom I was going to introduce him; at least, I don't recollect that I did so. When I arrived at Southampton, we went direct to Peters's house; I don't recollect calling elsewhere. When we first called we saw Peters, who desired us to call again after 2 o'clock. I told Peters I had brought a gen
<lb/>tleman down to buy some goods, if he had anything to suit him. I did not state what description of goods he wanted. We returned to Peters's after
<lb/>wards, at the time appointed, which I think was about 2 o'clock. Peters has two shops; one a drapery, and the other a carpet shop: we went to the carpet shop. When we returned the second time to Peters's, he had partially looked out, and continued to look out a lot of goods; those goods consisted of carpets, cloths, linens, and other goods, which is specified in an invoice now produced to me, marked C, and was referred to and exhibited under an examination taken the 12th May. Those goods were put together, each description by themselves, as I best recollect, and offered by Peters to Simeon for 400
<hi rend="italic">l</hi>., as well as I remember. I think Peters had the particulars in a pocket-book, and calculated the prices which he had set against each particular class of goods with reference to the quantities as amounting to 400
<hi rend="italic">l</hi>., and offered them to Simeon at that price. Simeon offered 250
<hi rend="italic">l</hi>. for the lot: then he offered 280
<hi rend="italic">l</hi>.; and ultimately, he got some bargain about discount, and gave 300
<hi rend="italic">l</hi>. The word Simeon, written in pencil on the invoice marked C, as also the rest of the invoice, is in Peters's hand
<lb/>writing. Peters did not keep the other articles mentioned in the invoice, excepting carpeting, and rugs, &c., at his carpet shop: it is not usual to do so, and I presume he did not; but I suppose he had caused them to be sent to his other shop after our first visit, in anticipation of our second visit Simeon on that occasion purchased all the goods which Peters then offered him for sale. I know of no other dealings between Simeon and Peters except this one; and if there had been another I should have known it as I was to have had a commission. Peters did not pay me any commission on that occasion. Simeon paid me a commission of 20
<hi rend="italic">l</hi>., I think; that was to the best of my recollection the amount. I will positively say it did not amount to 50
<hi rend="italic">l</hi>. Peters was a retail dealer; but I believe served wholesale dealers and shops as well. I first became acquainted with Peters on the 11th November, 1853, by calling on him in the same way as I am accus
<lb/>tomed to do on other parties in Liverpool, and elsewhere. It has been my custom so to do for the last eighteen years. When I first called on Peters, I asked him if he had anything to dispose of that was 'Jobbish.' He said that he had got some cheap stuff he could sell me. I then said, 'Put out what you have got to dispose of, and I shall see whether it suits me.' He then looked out the goods mentioned in invoice No. 1, now produced and exhibited. These goods were bought at the drapery shop; I think they were all drapery goods. The invoice No. 1 contained the whole of the goods he offered me on that occasion; he put a price on them, and offered them to me at that price. I think I bantered with him about the price,</p>
<xptr type="pageFacsimile" doc="185407030037"/>
<p>and got them according to the invoice. There was not a very great differ
<lb/>ence between the price he offered them to me at, and what I gave for them; but I do not recollect what the difference was. This transaction took place about the middle of the day. I paid him on that occasion 105
<hi rend="italic">l</hi>. in notes, leaving 100
<hi rend="italic">l</hi>. remaining due; it being understood that the transaction was to be completed on the next day. At the following day I purchased 50
<hi rend="italic">l</hi>. worth more of goods. I paid 150
<hi rend="italic">l</hi>., the balance of the previous day's pur
<lb/>chase, in two notes; one of 100
<hi rend="italic">l</hi>., and one of 50
<hi rend="italic">l</hi>. I returned to London on the 12 th. I next saw Peters about the 18th November; I may have gone down the day before, but that was the day the transaction took place. On recollection, I think the 150
<hi rend="italic">l</hi>., the balance of the 1st transaction, and the 150
<hi rend="italic">l</hi>., the amount of the 2nd transaction, were both paid to Peters, in London, and not at Southampton; he on that occasion came up to London with me—on the 18th November last I purchased other goods, specified in invoice No. 3, amounting to 201
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>., of Peters, and paid him 200
<hi rend="italic">l</hi>. in notes. This transaction, as far as I recollect, was conducted on precisely the same manner as Nos. 1 and 2. I returned to London after that transaction; at least, I left Southampton immediately after it. On the 3rd December last I purchased other goods of Peters, specified in invoice No. 4, amounting to 229
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., and paid him at the same time in Bank notes. On the 17th December I purchased other goods of Peters, specified in invoice No. 5, amounting to 150
<hi rend="italic">l</hi>., and also paid him at the time in Bank notes. On the 19th December I purchased other goods of Peters, specified in invoices Nos. 6 and 7, amounting together to 50
<hi rend="italic">l</hi>., and also paid him in notes on the same day. On the 30th December I purchased other goods of Peters, specified in invoice No. 8, amounting to 128
<hi rend="italic">l</hi>. 17
<hi rend="italic">s</hi>. 2 1/2
<hi rend="italic">d</hi>., and paid him in notes on the same day. On the 3rd January last I purchased other goods of Peters, specified in invoice No. 9, amounting to 100
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>., and paid him in notes the same day. On the 18th January last I purchased other goods of Peters, specified in invoice No. 10, amounting to 100
<hi rend="italic">l</hi>., and paid him in notes the same day. On the 19th of January last I purchased other goods of Peters, specified in invoice No. 11, amounting to 20
<hi rend="italic">l</hi>., and paid him in notes the same day. On the 2nd February last I purchased other goods of Peters, specified in invoice No. 12, amounting to 24
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>., and paid him in notes the same day. On the 3rd February last I purchased other goods of Peters, specified in invoice No. 13, amounting to 51
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>., and paid him in notes on the following day. On the same 3rd February last I also purchased other goods of Peters, specified in invoice No. 14, amounting to 100
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. 2
<hi rend="italic"> d.</hi>, and paid him in notes on the same day. My next purchase of goods of Peters was, as I best recollect, speaking from the invoices, on the 27th February last; on that day I purchased goods of him, specified in invoice No. 15, amounting to 199
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>., and paid him in notes the same day. On the 1st March last I purchased other goods of Peters, specified in invoice No. 16, amounting to 151
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>., and paid him in notes the same day. On the same 1st March, I also purchased other goods of Peters, specified in invoice No. 17, amounting to 99
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>., and paid him in notes on the same day. On the same 1st March I also purchased other goods of Peters, specified in invoice No. 18, amounting to 174
<hi rend="italic">l</hi>.17
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>., and paid him in Bank notes the same day. On the 3rd March last I also purchased other goods of Peters, specified in invoice No. 19, amounting to 100
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., and paid him in notes the same day. On the 4th March last I purchased other goods of Peters, specified in the invoice No. 20,</p>
<xptr type="pageFacsimile" doc="185407030038"/>
<p>amounting to 50
<hi rend="italic">l</hi>., and paid him in notes on the same day. On the 10th March last, I purchased other goods of Peters, specified in invoice No. 21, amounting to 31
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>., and paid him in notes on the same day. And on the 11th March, I purchased other goods of Peters, specified in invoice No. 22, amounting to 129
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>., and paid him in Bank notes on the same day.
<hi rend="italic">Q.</hi> It appears that the several invoices, numbered from 15 to 22, both inclusive, excepting the invoice numbered 21, purport to be sales to Mr. James Simeon: was Simeon or you the real purchaser?—
<hi rend="italic">A.</hi> I was the pur
<lb/>chaser, on my own account. How happened it, then, that the invoices were made out in the name of Simeon?—Because I thought Mr. Simeon would have bought them, as the Australians generally like the invoices in their own names, and that was the reason why I had them made out in the name of Simeon. Was that the only reason?—It was. Did you offer those goods to Simeon?—I showed them to him, but did not tell him they were bought in his name. Did you offer them to Simeon immediately after each pur
<lb/>chase?—If he was at his counting-house I showed them to him; if he was not I sold them without. Did he from time to time refuse all those parcels?—As he did not buy them, I presume he did. Then, notwith-standing he refused some parcels, you continued to have other parcels invoiced in the name of Simeon: how happened this?—Suppose Mr. Peters made out the invoices in the name of Simeon, and as I did not care much about it, thinking he would ultimately make a purchase, I let it be so. Did Simeon purchase any of those goods?—No, I do not believe he did. On the 18th of March last I purchased other goods of Peters, specified in invoice No. 23, amounting to 100
<hi rend="italic">l</hi>., and paid him for them in notes on the same day. On the 31st March last I purchased other goods of Peters, spe
<lb/>cified in invoice No. 24, amounting to 186
<hi rend="italic">l</hi>. 19
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>., off which he allowed me a discount of 10 per cent., leaving a balance of 168
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>. And on the 1st of April last I purchased other goods of Peters, specified in invoice No. 25, amounting to 63
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>., to which is added the balance of invoice No. 24, 168
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>., making a total of 231
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>. I had previously, on the 4th March last, lent Peters the sum of 100
<hi rend="italic">l</hi>. on the goods specified in the paper marked No. 26, amounting to 61
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>., and those goods were packed up and sent to me at Hiscocks', the Red Lion, Southampton, as I had not purchased those goods I did not wish to take them to London, and therefore left them in the care of Mr. Hiscocks. Some time after, Mr. Peters asked me to oblige him with those goods, as he wanted them; believing the amount to be good, I left word with Mr. Hiscocks to deliver them to Peters on having a receipt, which receipt I suppose he now holds. Subsequently to the 4th of March last, and before the 31st of March, I lent to Peters a further sum of 20
<hi rend="italic">l</hi>.; again, on the 30th March last, I lent Peters a further sum of 30
<hi rend="italic">l</hi>. These all making together 150
<hi rend="italic">l</hi>., were written off the 231
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>., being the amount of the two invoices Nos. 24 and 25, leaving a balance due of 81
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>., which last mentioned sum I subsequently paid to Peters in a 50
<hi rend="italic">l</hi>. and three 10
<hi rend="italic">l</hi>.'s on the 1st April last The above mentioned invoices above referred to, and numbered from 1 to 25, both inclusive, comprise the whole of my purchases of Peters, and also comprise all the goods I have ever had from Peters, except those mentioned in the paper, No. 26, which were returned to him as before stated. The goods I had from Peters were all marketable goods, and in good condition; there may have been some goods which I considered old stock, although they may not have been old stock to him.
<hi rend="italic">Q.</hi> Does the paper writing, marked E, comprised in twelve sheets of paper, which</p>
<xptr type="pageFacsimile" doc="185407030039"/>
<p>was delivered to me this morning by your attorney, Mr. Saul Yates, contain true copies of all the several invoices from No. 1 to 26, both inclu
<lb/>sive?—
<hi rend="italic">A.</hi> I believe they are: they were made by a law stationer, but I have not examined them; I will leave the originals with you so that you may exa
<lb/>mine them; upon your undertaking to return them. Were all purchases made by you of Peters, at Southampton, made at Southampton?—They were. Did Peters occasionally call at your warehouse in St. Mary Axe?—Oh yes, he has occasionally. Did he solicit you to visit Southampton to make purchases?—Yes, occasionally; sometimes I went down on my own account. When he solicited you to go down, what did he say?—He gene
<lb/>rally stated to the effect that he thought if I came down he had goods that would suit me, he did this by letter; I do not think he ever called upon me to tell me so. Did you ever tell him what kind of goods you wanted?—No. Had you other business at Southampton with other people when you went to see Peters?—At those times I had not time to attend to other business with other persons, but I have done business for the last 14 or 15 years in Southampton. Were all your purchases of Peters conducted in the same way as the first?—Yes. Did he on each occasion show you the lot of goods which he offered you for sale, and ask you a price for them?—He told me the price at which he was prepared to sell; we discussed the prices, ulti
<lb/>mately agreed upon the amounts, and then the invoice was made out. Were the prices agreed on generally, considerably less than the prices asked by Peters?—Sometimes they may have been, and at others very little less. Were not all the sales and purchases what are generally called job sales and purchases?—They were. Did you think it necessary to ascertain the ordi
<lb/>nary selling price of these goods in the retail shops?—No. Did you think it necessary to ascertain the cost price of these goods?—No. Did you ascertain from whom the goods had been purchased—No. Did you see any of the invoices Peters had received with the goods?—No. Did you learn from him whether the goods had been paid for or not?—No. Did you learn from him the state of his affairs?—No. What representation did he make to you to induce you to lend him money?—Being short for a few days. When he delivered you goods in payment of your loans, did you return to him his I O U's, or acknowledgments for the loans?—I had but the one I O U, which has been produced, annexed to exhibit No. 26. How happened it that when he repaid to you your loans, you retained the I O U?—Because I had some difficulty in getting the goods in part pay
<lb/>ment, and I thought it was right I should keep it, which I told Peters I should do. Had you any acknowledgment for the two other loans of 20
<hi rend="italic">l</hi>. and 30
<hi rend="italic">l</hi>.?—No. Where were those two loans made?—At Southampton. Were the goods which you purchased of Peters always delivered to you at Southampton, or where and how were they delivered to you?—They were generally sent by his porter to the railway; or if it was too late, or it was a particular occurrence, I may have sent some to the Red Lion; but I do not think, to the best of my belief, that this occurred on more than two or three occasions. Who packed and who addressed the goods?—The porter; and I may have assisted sometimes in packing them: they were generally addressed by some one of Peters's young men. Can you recollect which of Peters's young men assisted on the occasions of the several purchases?—Some assisted looking out the goods, but I can't say which, in particular; I don't recollect the names of any of them. Did any of Peters's young men assist in the bargaining as to the goods, or to fixing the prices?—Not that I recollect Were all the goods which you had of Peters addressed to you</p>
<xptr type="pageFacsimile" doc="185407030040"/>
<p>personally, and to your own place of business?—Yes, they all came to my house; but those which were invoiced to Simeon were addressed to Simeon, but came to my house for me, and were received by me. Were the goods which were addressed to Simeon, but which came to your house for you, always acknowledged by you in the carman's delivery book?—When I was present I signed my own name; at least, I think so. I can't say how those which were received in my absence were acknowledged. Did you ever acknowledge the receipt of any such goods in Simeon's name?—Not that I recollect. Who, in your absence, would give the acknowledgment?—Any one present; either my wife or servants. What are your servants' names? Sarah; I believe her surname is Pate; and I presume it would be Sarah who would acknowledge the receipt of the goods, if my wife or myself did not Have you resold all these goods?—Yes, I believe I have sold them all; there may be some few things still unsold. Did you ship any of these goods?—No. Did you cause them to be repacked?—I have sent some of the cloths with others to my packers, Messrs. Britten and Sons, Basinghall-street, to be re-measured, which is the ordinary way in the trade: the other goods were not sent to the packers. To whom have you princi
<lb/>pally sold these goods?—This is a question which it is impossible for me to answer, as I buy and sell generally for cash; and if cash is paid at the time of the sale, I do not enter or book it. Can you state from recollection to whom you have made any considerable sales of woollen cloth since the 11th of November last?—No, I cannot. When you made the purchases of Peters, were the goods measured before you paid for them, or did you take his statements as to the measurements? The goods were not measured; I took his statements for the lengths. What goods have you sold to Simeon?—I sold to Simeon 143 handkerchiefs, 2
<hi rend="italic">s</hi>. 7 1/2
<hi rend="italic">d</hi>. each, and 12 dozen purses, at 3
<hi rend="italic">s</hi>., amounting together to 20
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>. 4 1/2
<hi rend="italic">d</hi>., on the 23rd January last. I can't say if I had any of these goods from Peters. I also sold Simeon 125 handkerchiefs, at 3
<hi rend="italic">s</hi>. each, amounting to 18
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>., on April 4th last. I also find I made another sale to Simeon on 22nd March last, of 22 pieces and 4 handkerchiefs, at 15
<hi rend="italic">s</hi>.; 3 pieces and two of spun, at 6
<hi rend="italic">s</hi>., amounting to 17
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>. I can't say whether all or any of these goods came from Peters or not; if they did, Simeon was not aware of it. When did you see Simeon last?—At Liverpool, when I was there, as before' mentioned. When did you last see the bankrupt?—The bankrupt was at my house, with his attorney, Mr. Fitch, after the bank
<lb/>ruptcy, and I then saw him. What took place on that occasion?—They called to ask me some question; what it was I don't recollect; they were only with me a few minutes. I have never since had any communication with the bankrupt or Mr. Fitch, either directly or indirectly. Was the invoice of the purchase made by Simeon of Peters, on the 6th of February last, left in your possession at all, or for any time?—No. Did you take down the particulars of the goods purchased by Simeon on that occasion?—Yes, I did it upon a long slip of paper, it was taken down by me at the time in pencil. I think I have this paper still by me, but at present I don't know what has become of it. I now recollect that since the bankrupt has been in prison, 2 or 3 days since, he wrote me a letter, asking me to let him have a shirt and collar, which I had borrowed of him once when at South
<lb/>ampton, and asking me if I could find him bail, but of which I took no notice. That letter is now in the possession of my attorney, Mr. Yates. Did you know Simeon's clerk, Christopher Mower?—Yes. Did you assist in making up an invoice of the goods purchased by Simeon of Peters?—I</p>
<xptr type="pageFacsimile" doc="185407030041"/>
<p>did assist in making up an invoice, but I will not say whether the goods included in that invoice were all had from Peters or not What was the amount of that invoice, as made out by Mower?—I think about 600
<hi rend="italic">l</hi>. to 650
<hi rend="italic">l</hi>., as near as I can recollect, including clothing, which I did not know came from Peters. What was the amount of that clothing?—I can't say. Can you positively say that that invoice did not amount to between l,000
<hi rend="italic">l</hi>. and 1,300
<hi rend="italic">l</hi>.?—I can positively swear that it did not. If I had the paper here which assisted Mower in making out the invoice, I could tell you. I will look for it, and shall no doubt succeed in finding it, and if so I will send it to you. Do you know of whom Simeon had the clothing included in that invoice?—I can't recollect. Do you know what that clothing cost Simeon?—No, I don't. Did you ever pack, or cause to be packed, goods for Simeon?—No, but I have been to Britten's with him, and given instruc
<lb/>tions, as he did not understand that sort of packing. Was Simeon in the habit of having goods sent to your house for him?—Yes. Can you state why he had them sent to your house?—For his own convenience, not for any profit for me. You deal largely in all drapery goods?—Yes, I have done so for the last 18 years. Do you buy any goods of the large wholesale dealers of repute in London?—I have not done so for some years. The only consideration I suppose with you when you purchase goods is, whether it is worth your while or not to buy them?—That is my only consideration. I do not trouble myself to inquire into the cause of the sale, so that I buy them of a respectable shopkeeper. Did you take the trouble to inquire into the respectability of Peters before you dealt with him?—No, I did not; from the position he appeared to hold I thought there was no necessity to do so."</p>
<p>
<hi rend="italic">The examination of James Simeon, on</hi> 12
<hi rend="italic">th May</hi>, 1854,
<hi rend="italic">was read, as follows:</hi>—-"James Simeon, at present of No. 10, Bedford-street, Covent-garden, in the County of Middlesex, and of Melbourne, Port Philip, merchant, being sworn and examined at the time and place above-mentioned, upon his oath saith as follows:—I arrived in England per the
<hi rend="italic">Sarah Sands</hi> steamer, from Port Philip, about the latter end of May last, with the intention of settling here, and educating my children, and shipping goods to my house at Melbourne. I have been resident as a merchant at Melbourne for about 15 years, alone, until just previous to my leaving. I am now in partnership with a Mr. Raphael, and my firm is, 'Simeon and Raphael,' in Melbourne. I have not carried on business elsewhere; I have a store at Melbourne, and have had it there for the last 15 years. I am acquainted with many of the well-known firms there; I know Jacob Montefiore, of Melbourne; I don't know whether he is connected with the firm of Montefiore, Graham, and Co., at that place. Most of the merchants at Melbourne know me. Mr. Westgarth, of the firm of Westgarth, Ross, and Co., is, I believe, in this country, to whom I am known. I can't say that I am particularly known to any of the Australian houses in this country. I buy goods, and pay for them by money or check; and it is not material to me to make myself known to them. My business at Melbourne is to receive goods on my own account I have not received my remittances or rents from Australia, and I am in consequence returning there. When I myself was at Melbourne, my business was the purchasing of goods in the Colonies to resell there. I have never made any consignment of goods from the Colonies to this country. I have no business correspondent here. After I came to London, about July, I took a small office or counting-house at No. 21, St. Mary Axe, for the purpose of my business, having previously taken a house and furnished it at No. 8, Bloomsbury-street, at which latter</p>
<xptr type="pageFacsimile" doc="185407030042"/>
<p>place I continued to live until a few weeks of my leaving, when I removed to my present apartments; No. 21, is next door to Mr. Moss Hart's, in St. Mary Axe. Before I took that counting-house, I did not know Moss Hart, and I do not recollect to have previously seen him. I am not at all connected with Mr. Hart in business. I have bought goods of Hart. I produce 2 invoices of goods which I purchased of Hart, which are marked respectively 'A' and 'B;' I have no recollection of any other transactions with Hart, excepting one of some handkerchiefs, to the value of 50
<hi rend="italic">l</hi>., according to the best of my recollection, which went by the
<hi rend="italic">Mirzapore</hi>, which sailed from London in September last; and some lace, which went by the Colonist to Hobart Town, long before September last. I now recollect that the 2 invoices which I have produced, 'A' and 'B,' re
<lb/>present the only purchases which I have made of Hart, since September last; the handkerchiefs I was taking out in the
<hi rend="italic">Great Britain</hi>, are packed in my trunk, and form part of my luggage, together with some other small parcels of merchandize. I have made many shipments by other vessels since September last, but I cannot from memory detail all of them; my young man will tell you better than I can. I always shipped through the agents of the respective ships. I have only employed two packers to pack my goods; Watson and Clark, and Mr. Britten. They have not packed all my goods; the venders did it sometimes. I have purchased goods of J. J. Wilson and Co., of Kynaston and Co., Fox in Basinghall-street, and other parties who have packed goods for me. I never bought goods of Hart save those I have previously mentioned. He has introduced me to other persons of whom I have purchased goods, and I have allowed him a commission for the introduction, and the others did the same. As I was a stranger here, and unacquainted with houses of business, I accordingly paid Hart a commission for introducing me. Hart introduced me to Grant Brothers, tie and cravat manufacturers. I can't think of any other now, but I will furnish you with more particulars of them through my attorney; my purchases were always for cash. Hart has done no other business for me, save what I have before stated. I became acquainted with the bankrupt on the 6th February last, by the introduction of Hart, at Southampton; Mr. Hart induced me to go to Southampton. He said he could recommend me to a party that had some goods for sale there; I can't recollect that he said anything else to induce me to visit Southampton. He did not to my knowledge mention the name of Peters to me before I went to Southampton. He did not tell me that he had made any purchases of Peters himself He told me what sort of goods the party had for sale there; they were the description of goods which I was anxious to buy. I now recollect more particularly the circumstances. Hart went with me to Kynaston's, to buy carpets and rugs; I looked at some, but I thought them dear, and I said they were too dear. When we came out of Kynas
<lb/>ton's, Hart told me that he would take me to a place where I could get them cheaper, if I would allow him a good commission. I think this occurred on a Friday. On the following Monday, when I saw Hart, he told me if I would go with him he would take me where I could buy those goods he spoke to me about. He then told me it was at Southampton, but did not give me the name of the party, nor any other information to induce me to go to Southampton. I consented to accompany him; and we accordingly went that day, the 6th February last, and returned to London the same evening by the mail-train. After I had completed my purchase of Peters, Hart returned with me to London. We arrived at Peters' at about 1 o'clock.</p>
<xptr type="pageFacsimile" doc="185407030043"/>
<p>We saw Peters standing at the draper's shop door. Hart introduced me to him. Peters then said, 'I can't attend to you now, but if you will come in an hour I shall be ready for you.' That was all that took place at that interview.
<hi rend="italic">Q.</hi> I wish you to consider carefully, and to add anything that you may think necessary to your last answer, viz., 'Peters then said, I can't attend to you now, but if you will come in an hour I shall be ready for you;' that was all that took place at that inter
<lb/>view?—
<hi rend="italic">A.</hi> That was not said by Peters to me, but a few words on that occasion passed between Hart and Peters, which I did not overhear; and Hart then represented to me that Peters had said, 'I can't attend to you now, but if you will come in an hour I shall be ready for you.' That inter
<lb/>view occupied but a moment. I afterwards, in about an hour, returned with Hart to Peters. We then went into his furnishing and carpet shop. Some conversation then took place between Hart and Peters, which I did not hear. They were a few minutes together alone. I was then called into the ware-room with them. Peters then showed me some carpeting and rugs, or cloth; I can't say which first. He then asked me if I would purchase some shawls; I answered him 'Yes.' He also asked me to purchase other goods, and I answered also 'Yes.' The goods I proposed to purchase were, I believe, distributed amongst the stock: I selected the carpets and rugs from the stock, and they were put apart for sale to me. I also selected all the articles specified in the invoice marked 'C,' and now produced as being those I was willing to purchase. Peters entered these in a book, and put prices against each item, and added them up; and I believe they amounted to about 400
<hi rend="italic">l</hi>. according to his prices, and he asked me that price for them, I then made my calculation of what I was willing to give for each item, and the total amounted to about 300
<hi rend="italic">l</hi>. I offered him 250
<hi rend="italic">l</hi>. or 260
<hi rend="italic">l</hi>., or there-abouts; he declined to accept that sum. I did not think they were worth more to me, and went away with Hart for about an hour. I did not think them worth more than I offered, because some were damaged and others soiled. Hart persuaded me to go back, and to give 300
<hi rend="italic">l</hi>. for them. Hart told me he thought the goods were worth a little more, and induced me to offer the 300
<hi rend="italic">l</hi>. for them. I went back with Hart to the same place; Peters was not there then, but was sent for, and came to us. When Peters came back, I offered him 300
<hi rend="italic">l</hi>. for the goods. I mean to say that Peters, before I left the shop the first time, had offered me the goods for that sum. On his coming to me after my return to the shop, I offered him 300
<hi rend="italic">l</hi>.; but said I would have a discount of 5
<hi rend="italic">l</hi>. per cent for cash. Peters objected to this, and I again went out of the shop; I had not gone twenty yards, when either a shopman or Mr. Hart called me back. I returned, and went into the warehouse; Peters and Hart were there when I returned. Mr. Hart, as well as I remember, then said, what is the use of being so particular about a bargain? I then told Mr. Hart I would pay him for his trouble, and have nothing more to do with it. When I made that reply, Hart said to me, what is the use of splitting straws? and Hart thereby suggested that Mr. Peters should throw two pieces of carpet into the bargain, in lieu of discount; and upon that I consented to give 300
<hi rend="italic">l</hi>. for the goods. The invoice was then made out; I paid the money, and took Peters's receipt for the amount. I mean to say the goods were first packed and sent to Pick
<lb/>ford's, and when I saw them carted I paid the money; this might have been between 6 and 7 o'clock in the evening; I can't say positively as to the hour, but when the goods were sent away it was gas light. The goods were not measured in my presence; but I took Peters's word, as a respectable</p>
<xptr type="pageFacsimile" doc="185407030044"/>
<p>man, for the lengths. The goods were forwarded by Pickford's to my private house, No. 8, Bloomsbury-street, aforesaid. All the goods I pur
<lb/>chased of Peters were in the same warehouse where I purchased them; at least, I say this to the best of my belief. All those goods were sent in the same condition as I purchased them, to Mr. Britten's, to pack. How happened it that these goods were addressed to your private house, and not to your place of business, or to your packer's, Mr. Britten's?—The goods were not addressed till they reached Pickford's; I accompanied them there. It was then a few minutes of the mail train starting, and I then gave to the clerk a card, and requested him to address them. I gave him by mistake my card of my private house, instead of Mr. Britten's, the packer's, address. These goods arrived at my house about 5 o'clock in the evening; and on the next day, after their receipt, I went to Britten's, and directed them to send for them, and they did so on the next day. These goods were all packed by Britten, and sent by the
<hi rend="italic">Harbinger.</hi> They were not the only goods I shipped by the
<hi rend="italic">Harbinger;</hi> I shipped other goods by that vessel to the value of 2,000
<hi rend="italic">l</hi>. I believe Britten packed other goods besides those I purchased of Peters for the
<hi rend="italic">Harbinger.</hi> Without pledging myself to the accuracy of the exhibit' D,' now produced as being a true extract from Britten's books, according to the best of my belief the goods therein mentioned are the goods I bought of Peters. Those cases contain other goods besides those I purchased of Peters; at least, I think that is probable, but I believe they contain all the goods which I purchased from Peters. I have not transmitted a copy of the in
<lb/>voice I had from Peters with the goods for the
<hi rend="italic">Harbinger;</hi> my reason was, that I consigned them to myself at Melbourne, and expected to arrive there before the goods. I purchased them on my own account, and not on account of my firm. I have not entered the invoice I received from Peters, in any book, I keep no books; I mean by that, I do not keep a regular set of mer
<lb/>chant's books, but I do keep a book called a journal, or rough invoice book, in which I enter the contents of the cases and particulars of the goods sent to the Colonies. Did you ever show the invoice marked 'C' to your clerk Mower?—I can't say that I ever did. I think I heard from Hart that he had done business with the bankrupt, that was how I was introduced to him; this occurred on our journey to Southampton. I did not learn from Hart the particulars, but he told me he had purchased goods of him. I never heard from Hart since my journey with him to Southampton that he, Hart, had had any dealings with Peters; what he did say of Peters was said only on that journey; excepting the one transaction before referred to, I never had any dealings with the bankrupt, nor have I ever seen him since that occasion until yesterday. I never in my life, to my knowledge, received goods at my place in St. Mary Axe belonging to Hart, for Hart, nor were any goods ever addressed there for Hart, to my knowledge. If such has been the case it has been without my knowledge or consent. If any goods were addressed to me at St. Mary Axe, my place of business, from Southamp
<lb/>ton, on or about the 27th February last, the 3rd, 4th, 11th, 13th, 17th, and 18th days of March last respectively, it was without my knowledge or privity, and no such goods were, with my knowledge or privity, received by me or at my place of business at St. Mary Axe aforesaid. I never heard, until yesterday, that Hart had caused goods to be addressed to me at St. Mary Axe or elsewhere; what I did hear yesterday about it I heard from my clerk Mower. I saw Hart last at Liverpool, about the 1st May; I met him. I do not know where he now is. I have had no communication with, nor have</p>
<xptr type="pageFacsimile" doc="185407030045"/>
<p>I heard from Hart, since I last saw him at Liverpool. I can't tell you if the book previously referred to, contains the particulars of the goods I bought of Peters. I will with pleasure, if required, at the expense of the assignees, go to Liverpool and bring up those books, and give you the benefit of their contents without prejudice to myself In what capacity did you go to the Australian Colonies?—I was sent for by my uncle, of Hobart Town. Messrs. Moses, Son, and Davis, of Aldgate, as my uncle's agents, paid my passage money out. I have looked on the anonymous letter marked' E,' now exhibited; all therein stated with regard to my character is positively untrue. The Mr. Moss mentioned in that letter lives at No. 24, St. Mary Axe, is a looking-glass manufacturer, and his Christian name is Emanuel. I have occasionally, since I have been in England, purchased job lots of small dealers."</p>
<p>
<hi rend="italic">A further examination of James Simeon, on</hi> 16
<hi rend="italic">th May</hi>, 1854,
<hi rend="italic">was read, as follows:</hi> "I have been in Liverpool since I was last examined in this matter, and now have my books and papers, at least, I believe all; I have not undone them, nor do I now produce them, but they shall be produced to Mr. Van Sandau, at his office, to morrow.
<hi rend="italic">Q.</hi> Do you know the signature on the South Western Hallway delivery voucher, dated the 28th February last, of 'J. Simeon?'—
<hi rend="italic">A.</hi> Never saw the writing before'; nor the writing of the name,' Simeon,' on the voucher dated the 2nd March last; nor the name, 'Simeon,' on the voucher dated the 3rd March last; nor the name, 'Simeon,' on the voucher dated the 4th March last; nor the name, 'Simeon,' on the voucher dated the 13th March last; the signature, 'C. R. Mower,' to the voucher dated the 18th March last, is like Henry clerk's, it looks' certainly something like his; I do not know the signature, 'J. Simeon,' on the voucher dated March last. Do you know the writing of Moss Hart, or of Sophia Hart, his wife?—I don't think I could swear to Hart's writing, and I never saw Sophia Hart write in my life; I have looked at the several signatures, 'S. Hart,' 'M. Hart,' 'Simeon,' and 'J. Simeon,' on the several vouchers produced to me, and I can positively swear that none of them are of my handwriting, and I cannot swear as to my belief or otherwise whether; any of them are in the handwriting of Moss Hart or his wife. Have you frequently seen the handwriting of Moss Hart?—Not frequently; but I have two invoices of his now in my attornies' possession. Have you seen Mr. Hart write occasionally?—I cannot tax my memory that I have done so; I may have done so, but I have not taken particular notice of his manner of handwriting. Did you ever know of goods or packages being addressed to you, or in your name, for Hart?—No, certainly not. Did you ever hear from Hart, or any one else, that goods or packages had been brought by the railway carriers addressed to you, but which were intended for Hart?—Yes, on one occasion; I believe it was after I was examined at the Justice-room, on Thursday last, and before I was examined here, on Friday. Mower, my late clerk, mentioned to me that on one occasion goods had come addressed to me, and which had been delivered at Hart's; I then asked my clerk why he had not previously mentioned it to me, and he told me he attached so little importance to it, or words to that effect, that he had not thought it worth while to mention it If goods were bought in your name by Hart, was it with your privity or consent?—Certainly not. Did Hart ever offer to you large parcels of goods which he had purchased of Peters?—I can't answer that; he has very frequently offered me goods for sale, but I cannot say whether they came from Peters. Did he ever show you invoices he had of goods bought of Peters, and offer them to you for</p>
<xptr type="pageFacsimile" doc="185407030046"/>
<p>sale?—When he has offered me goods he has had papers in his hands, but I can't say if they were invoices of Peters, or not; I simply saw that the goods were not of that class I required. When Hart went with you to Southampton, and you made your purchase of Peters mentioned in your former examination, what payment did you make to Hart for his trouble and the introduction?—20
<hi rend="italic">l</hi>. Has there not been a great intimacy between you and Hart?—Yes, we have been very friendly. Have you not spent many hours together, of a day with him?—When I have had no business to attend to I have been very glad of his society. Did not that occur frequently?—Fre
<lb/>quently; I was with him and went about with him; this may have been almost daily."</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-130" type="witnessName">
<interp inst="t18540703-name-130" type="gender" value="male"/>
<interp inst="t18540703-name-130" type="surname" value="MOWER"/>
<interp inst="t18540703-name-130" type="given" value="CHRISTOPHER ROBERT"/>CHRISTOPHER ROBERT MOWER</persName> </hi>. I was clerk to Mr. Simeon; I first became so about July last year; his office was at No. 20, St. Mary Axe; his house was No. 8, Bloomsbury-street, New Oxford-street; he carried on the busi
<lb/>ness of a general agent, a general merchant. He knew Hart—Hart lived next door, at No. 21, St. Mary Axe—Simeon used to be very often at Hart's—he had a room at Hart's, where he had his goods delivered, left there for safe custody—I do not myself remember any goods coming to Simeon's private house; but Mr. Simeon told me that some goods had arrived—that was about Jan. or Feb., I think—it might have been Jan., Feb., or March—I do not know how the goods were packed—I did not see them when they arrived at the private house—I did not see them afterwards—I heard from Mr. Simeon that they were packed up, and sent by the
<hi rend="italic">Harbinger;</hi> they were packed by Britten's, of Basinghall-street—Simeon told me that he had those goods from the country—he did not say where-abouts in the country at that time—he told me to tell Brittens to send their cart for some goods that he had received from the country—I told Brittens that—he did not show me any invoice—I asked for one at the time of making out the account, the general shipment; I generally made out a shipment account for each ship—he told me to make out the account of the shipment by the ship
<hi rend="italic">Harbinger</hi>—I told him that I could not do so, because I had had no account of those goods that he had received from the country—I had no invoice from him—he said he had lost it in the railway train coming up from the country—I did not make out any account at that time; it was put off for that day—I afterwards made a list of them—I made it from an account that Mr. Hart gave me—I went to Mr. Hart's, by Mr. Simeon's direction—he told me to go to Hart's, and he would give me an account of the goods—I went, and Hart gave me the particulars; I put them down from his dictation—he read from a paper that he had in his hand; I saw the paper—I wrote down what he read on a sheet of paper that he gave me, and afterwards copied that into a book—I gave both the paper and the book to Mr. Simeon.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-131" type="witnessName">
<interp inst="t18540703-name-131" type="gender" value="male"/>
<interp inst="t18540703-name-131" type="surname" value="ROSHER"/>
<interp inst="t18540703-name-131" type="given" value="ALFRED"/>ALFRED ROSHER</persName> </hi>. I am a clerk to Messrs. Van Sandau and Cumming. I served this notice to produce, on Mr. Simeon and on Mr. Fitch, his attorney—(
<hi rend="smallCaps">MR. CLARKSON</hi>
<hi rend="italic">handed in a book</hi>).</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-132" type="witnessName">
<interp inst="t18540703-name-132" type="gender" value="male"/>
<interp inst="t18540703-name-132" type="surname" value="MOWER"/>
<interp inst="t18540703-name-132" type="given" value="CHRISTOPHER ROBERT"/>CHRISTOPHER ROBERT MOWER</persName> </hi>. (
<hi rend="italic">continued</hi>). This is the book—I am sure of it—it is not the paper that Hart had.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-133" type="witnessName">
<interp inst="t18540703-name-133" type="gender" value="male"/>
<interp inst="t18540703-name-133" type="surname" value="BLINK"/>
<interp inst="t18540703-name-133" type="given" value="GEORGE SAMUEL"/>GEORGE SAMUEL BLINK</persName> </hi>
<hi rend="italic">re-examined.</hi> I served a copy of this notice to produce, on Sarah Pate, a servant, in Hart's employ.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-134" type="witnessName">
<interp inst="t18540703-name-134" type="gender" value="male"/>
<interp inst="t18540703-name-134" type="surname" value="MOWER"/>
<interp inst="t18540703-name-134" type="given" value="CHRISTOPHER ROBERT"/>CHRISTOPHER ROBERT MOWER</persName> </hi>. (
<hi rend="italic">continued</hi>). This book is in my hand
<lb/>writing—I copied this from a paper—I put the particulars that Mr. Hart gave me on a slip of paper—I then made a copy of it, and then copied it from that second copy into this book—I left the first paper with Simeon—</p>
<xptr type="pageFacsimile" doc="185407030047"/>
<p>(
<hi rend="smallCaps">MR. CLARKSON</hi>
<hi rend="italic">handed in a paper</hi>)—this is my handwriting—I believe this to be the copy that I made out according to Mr. Hart's dictation—I made two copies at the time—I do not know whether this is the same, or a duplicate—the figures are the same—I copied from this into this book—(
<hi rend="italic">looking at another paper handed in by</hi>
<hi rend="smallCaps">MR. CLARKSON</hi>) this is not my writing—I do not think this is the copy Mr. Hart dictated from; I do not think it was so large as this—(
<hi rend="italic">referring to the former paper</hi>) I believe there was another case, No. 99, given me by Hart, besides what are upon this paper; it was not on a separate paper, but I might not have put it down, because there was some clothing included in that case, besides other things—No. 99 is in this book; it is not completed—this sum of 282
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>. is the amount of the single case, I believe No. 98—perhaps there is some difference between the paper and the book; they are both in my writing.</p>
<p>
<hi rend="italic">Q.</hi> One seems to be 266
<hi rend="italic">l</hi>., and the other 282
<hi rend="italic">l</hi>.; how is that, can you account for it?
<hi rend="italic">A.</hi> There might possibly have been a mistake in drawing out the items—I made out this account—I never saw this invoice marked "C," until I was before the Bankruptcy Commissioners—the goods in this invoice seem the same description of goods as those in this paper—I see some Brussels carpeting marked in the original invoice at 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., and in my invoice it is marked 3
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—the clothing was in the last bale, 99, I think: it was a case, not a bale, it is not on that paper; the sum total of these goods, excluding case 99, is 609
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. 9 3/4
<hi rend="italic">d</hi>. (
<hi rend="smallCaps">MR. HUDDLESTON</hi>
<hi rend="italic">stated that in the invoice marked</hi> "C,"
<hi rend="italic">the amount was</hi> 300
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>.
<hi rend="smallCaps">MR. PARRY</hi>
<hi rend="italic">stated that there was a mistake in the casting up in the invoice, and that the amount ought properly to be</hi> 495
<hi rend="italic">l</hi>.) I kept Simeon's books, I kept a ledger, an invoice book, a purchase book, a letter book, and a balance sheet book—that is all I can remember—those were—the books relating to his partner
<lb/>ship with Mr. Henry Raphael—with reference to the transactions in Lon
<lb/>don, I only kept these two books, the one produced, and this (
<hi rend="italic">looking at one produced by</hi>
<hi rend="smallCaps">MR. CLARKSON</hi>)—I remember Simeon being required to pro
<lb/>duce these books at the Bankruptcy Court; I heard him promise to do so—I afterwards heard from him that he had lost them—I think he told me that, about 20th May, the 18th or 20th—he told me that he was very sorry; he was very fidgetty about having lost these books, and he asked me if I could make out fresh ones for him—we were then standing outside a public house—it was after he had been examined at Guildhall—I do not know whether it was after the second or third time of his being examined at the Bankruptcy Court; I think it was on the 18th May—he said he had lost these books, and was very fidgetty about them, and asked me if I could make out fresh ones for him to produce; I told him they would be sure to ask me if they were the fresh ones that I had previously made out, and I should not like to tell a story over it—I remember on one occasion receiving directions from Simeon to send some money to Southampton—this paper (
<hi rend="italic">produced</hi>) is in my handwriting—that is the occasion I speak of it was on 1st March, 1854—I received a cheque from Simeon on his own bank, the London and Westminster Bank, for 500
<hi rend="italic">l</hi>.—I cashed that cheque, and got a 500
<hi rend="italic">l</hi>.-note for it—I took that 500
<hi rend="italic">l</hi>.-note to the London Joint Stock Bank, and filled up this paper there, according to their dictation—I paid in the 500
<hi rend="italic">l</hi>. there to the credit of Hart, to be paid to him by the National Pro
<lb/>vincial Bank at Southampton—I think this paper is called a banker's note—on one occasion while I was at Simeon's, at Si Mary Axe, I remember goods coming to Hart's directed to Simeon; I do not remember it on more than one occasion—(
<hi rend="italic">looking at some papers</hi>) I have seen these delivery notes</p>
<xptr type="pageFacsimile" doc="185407030048"/>
<p>before; here is one dated 18th March which I signed for Simeon; it is "No. 2657, Simeon, St. Mary Axe, 2 cases, C. R. Mower"—I recollect that coming; I signed it for Simeon, and the goods were taken in to Hart—that was on 18th March.</p>
<p>(
<hi rend="smallCaps">MR. CLARKSON</hi>
<hi rend="italic">admitted the service of a notice to produce a number of cheques, but not the one for</hi> 500
<hi rend="italic">l</hi>.
<hi rend="italic">Mr. Rosher proved the service of a notice on Mr. Lumley, Simeon's attorney, and on the servant at Simeon's lodging.</hi>)</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-135" type="witnessName">
<interp inst="t18540703-name-135" type="gender" value="male"/>
<interp inst="t18540703-name-135" type="surname" value="BILLINGHURST"/>
<interp inst="t18540703-name-135" type="given" value="HENRY"/>HENRY BILLINGHURST</persName> </hi>. I am a clerk, in the London and Westminster Bank. On 7th Nov. a cheque for 500/., drawn by Simeon, was paid in, and I have this book to prove it—I am ledger keeper—it was payable to Hart—(
<hi rend="italic">Looking at a cheque for</hi> 500
<hi rend="italic">l</hi>.,
<hi rend="italic">dated</hi> 1
<hi rend="italic">st March</hi>, 1853,
<hi rend="italic">drawn by Simeon, payable to self, and produced by</hi>
<hi rend="smallCaps">MR. CLARKSON</hi>) this is the cheque.</p>
<p>(
<hi rend="smallCaps">MR. HUDDLESTON</hi>
<hi rend="italic">here called for, and</hi>
<hi rend="smallCaps">MR. CLARKSON</hi>
<hi rend="italic">produced, a cheque for</hi> 200
<hi rend="italic">l</hi>.,
<hi rend="italic">dated</hi> 16
<hi rend="italic">th Nov.</hi>, 1853,
<hi rend="italic">drawn by Simeon, and payable to Hart; a cheque for</hi> 200
<hi rend="italic">l</hi>.,
<hi rend="italic">of</hi> 2
<hi rend="italic">nd Dec.</hi>, 1853;
<hi rend="italic">one for</hi> 250
<hi rend="italic">l</hi>.,
<hi rend="italic">of</hi> 15
<hi rend="italic">th Dec.</hi>, 1853;
<hi rend="italic">one for</hi> 92
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>.,
<hi rend="italic">of</hi> 30
<hi rend="italic">th Jan.</hi>, 1854;
<hi rend="italic">one for</hi> 350
<hi rend="italic">l</hi>.,
<hi rend="italic">of</hi> 4
<hi rend="italic">th Feb.</hi>, 1854;
<hi rend="italic">one for</hi> 50
<hi rend="italic">l</hi>.,
<hi rend="italic">of</hi> 1
<hi rend="italic">st March, and one for</hi> 100
<hi rend="italic">l</hi>.,
<hi rend="italic">of</hi> 3
<hi rend="italic">rd April</hi>, 1854,
<hi rend="italic">all drawn by Simeon on the London and Westminster Bank, and payable to Hart.</hi>)</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-136" type="witnessName">
<interp inst="t18540703-name-136" type="gender" value="male"/>
<interp inst="t18540703-name-136" type="surname" value="ASTLE"/>
<interp inst="t18540703-name-136" type="given" value="WILLIAM"/>WILLIAM ASTLE</persName> </hi>. I am a cashier, in the London and Westminster Bank. This cheque for 500
<hi rend="italic">l</hi>. was paid on 1st March last, in a 500
<hi rend="italic">l</hi>. note, No. 99,776.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-137" type="witnessName">
<interp inst="t18540703-name-137" type="gender" value="male"/>
<interp inst="t18540703-name-137" type="surname" value="HAY"/>
<interp inst="t18540703-name-137" type="given" value="HUGH"/>HUGH HAY</persName> </hi>. I am a cashier, in the London Joint Stock Bank. On 1st March I received a 500
<hi rend="italic">l</hi>. note, the number of which was taken by another clerk, Mr. Salmon—we received it for the Hampshire Banking Company, at Southampton, on account of Hart.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> That is, Hart would have credit with the Hampshire Bank
<lb/>ing Company to ask for that 500
<hi rend="italic">l</hi>.?
<hi rend="italic">A.</hi> Yes.</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-138" type="witnessName">
<interp inst="t18540703-name-138" type="gender" value="male"/>
<interp inst="t18540703-name-138" type="surname" value="OWENS"/>
<interp inst="t18540703-name-138" type="given" value="HUMPHREY EDWIN"/>HUMPHREY EDWIN OWENS</persName> </hi>. I am a clerk, in the National Bank, at South-ampton. I received 500
<hi rend="italic">l</hi>. to the credit of Hart on 7th March last.</p>
<p>(
<hi rend="smallCaps">MR. SERJEANT WILKINS</hi>
<hi rend="italic">admitted that the proceeds of all the cheques pro
<lb/>duced, except that for</hi> 92
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>.,
<hi rend="italic">dated</hi> 30
<hi rend="italic">th Jan.</hi>, 1854,
<hi rend="italic">and one for</hi> 100
<hi rend="italic">l</hi>.,
<hi rend="italic">dated</hi> 1
<hi rend="italic">th Nov.</hi>, 1853,
<hi rend="italic">reached Hart.</hi>)</p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-139" type="witnessName">
<interp inst="t18540703-name-139" type="gender" value="male"/>
<interp inst="t18540703-name-139" type="surname" value="HONEY"/>
<interp inst="t18540703-name-139" type="given" value="HENRY"/>HENRY HONEY</persName> </hi>. I am an accountant, and live at No. 14, Ironmonger-lane; I was the accountant prior to the bankruptcy. I have gone through the bankrupt's books; I find the amount of his purchases between Aug. and April was 12, 924
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>., and the amount of his gross payments was 4,073
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>.—I valued the assets altogether; it was done by myself and assist
<lb/>ants—I am not an appraiser or valuer—I valued them at 3,812
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>.—the deficiency was 5,457
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>.—I have here an account of the purchases and payments in each month—in Jan. the purchases on credit were to the amount of l,819
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>.; in Feb., 2,586
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>.; and in March, 1,731
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>.—I went down to Southampton on 4th April; Peters went with me—he made a statement to me.</p>
<p>
<hi rend="smallCaps">MR. CLARKSON</hi>.
<hi rend="italic">Q.</hi> Did not you threaten him that he should have three years' imprisonment if he did not tell you all you wished to ask him?
<hi rend="italic">A.</hi> I did not—I was asked that question at Guildhall; I did not then admit it—I produced a paper there; it was not positively rejected by the Magistrate, there was a point raised—I endeavoured to persuade the bankrupt to dis
<lb/>close the true state of his affairs—I told him of the case of a bankrupt whose case was similar to his own; I told him that he would probably share his fate if he did not disclose to me the true state of his affairs—I did not tell him what that fate was; I told him the name of that bankrupt, it was Bannister—I am not aware that I said anything about imprisonment; I did not toll him that Bannister had suffered three years' imprisonment.</p>
<xptr type="pageFacsimile" doc="185407030049"/>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> How came you to go down to Southampton?
<hi rend="italic">A.</hi> I went down under a deed of assignment.</p>
<p>
<hi rend="smallCaps">MR. CLARKSON</hi>.
<hi rend="italic">Q.</hi> The assignees are the present prosecutors, are they not?
<hi rend="italic">A.</hi> Not precisely; Mr. Ponsford is a trustee.</p>
<p>
<hi rend="smallCaps">MR. HUDDLESTON</hi>.
<hi rend="italic">Q.</hi> Were they prosecutors at that time?
<hi rend="italic">A.</hi> No.</p>
<p>
<hi rend="smallCaps">MR. CLARKSON</hi>.
<hi rend="italic">Q.</hi> Did you go down with Mr. Ponsford?
<hi rend="italic">A.</hi> No, I was sent down by him—he was one of the assignees under the deed I have spoken of—I believe the execution of that deed was the act of bankruptcy—what I told Peters, was to the effect that if he did not tell me every thing about his circumstances he would share the fate of Bannister—the result of what I got from him was in answer to my questions—my directions were to investigate the state of his affairs—it was under the authority of that deed that I took the steps I did—no fiat was issued at that time—this con
<lb/>versation was not on the 4th April, but on the 8th, and he made the state
<lb/>ment on the 12th—that was before the bankruptcy—it was on the 8th that I told him about the fate of Bannister, and on the 12th he made the state
<lb/>ment—(
<hi rend="smallCaps">MR. CLARKSON</hi>
<hi rend="italic">objecting to the statement being received</hi>,
<hi rend="smallCaps">MR. HUD
<lb/>DLESTON</hi>
<hi rend="italic">submitted that there was nothing in the nature of the evidence to exclude it; at the time it was made, no investigation had taken place at the Bankruptcy Court, nor was the matter the subject of any criminal charge. The witness to whom it was made was not a person in any authority as a policeman or prosecutor, so that nothing he could say could be likely to operate as a threat or promise; he was merely sent to make inquiry as to the bank
<lb/>rupt's affairs, and therefore no communication to him could be considered as privileged.</hi>
<hi rend="smallCaps">MR. BALLANTINE</hi>
<hi rend="italic">also contended that the statement was admis
<lb/>sible. The rule which excluded evidence of this description, was framed upon the notion that any threat or promise made, was likely to elicit not truth but falsehood. Here the only suggestion made was that the bankrupt should dis
<lb/>close the true state of his affairs, and if the truth was thus obtained it ought not to be excluded. In Reg. v. Clewes, where the inducement held out was much stronger than in the present case, evidence of this nature was received.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18540703-name-140" type="witnessName">
<interp inst="t18540703-name-140" type="gender" value="male"/>
<interp inst="t18540703-name-140" type="surname" value="MARTIN"/>
<interp inst="t18540703-name-140" type="given" value="BARON"/>MR. BARON MARTIN</persName> </hi>
<hi rend="italic">was clearly of opinion that the statement could not be given in evidence. The argument of Mr. Ballantine went to set aside the rule altogether; but it had been repeatedly held that a statement made after threats had been held out by a person in a certain position of authority, were not admissible in evidence. In this case a threat of the nature stated, from a person in the position of the witness, would be infinitely more likely to have effect than from a policeman or any other person—he could not understand the grounds of the decision in the case referred to, but he was decidedly of opinion that the statement ought not to be received.</hi>)</p>
<p>
<hi rend="smallCaps">MR. HUDDLESTON</hi>.
<hi rend="italic">Q.</hi> Did Peters say anything to you on 4th April?
<hi rend="italic">A.</hi> He did; that time I had not said anything to him about Bannister: nor had I held out any threat or hope to him at that time—he told me that he had sold large quantities of goods to a party who had gone to Australia—I asked whether he knew his address when he was in England—he said no, he neither knew his name nor where he resided—on the 8th I went to Pickford's, the carrier's place, at Southampton, and made a list of goods, which I produce—it is a list of goods that had been sent from Southampton to London from time to time, with the name of the person to whom they were sent, and their weight—I did not show Peters the copy I made from Pickford's book; I told him that I had discovered that large quantities of goods had been sent to London, to Hart and Simeon.</p>
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