<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<div1 type="frontMatter" id="f18541218">
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<p>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<p>
<hi rend="largeCaps">MOON, MAYOR. SECOND 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, December</hi> 18
<hi rend="italic">th</hi>, 1854.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>—Right Hon. the
<hi rend="smallCaps">LORD MAYOR</hi>; Mr. Ald.
<hi rend="smallCaps">HUNTER</hi>; Mr.
<hi rend="smallCaps">RECORDER</hi>; Mr. Ald.
<hi rend="smallCaps">CUBITT</hi>; Sir
<hi rend="smallCaps">ROBERT WALTER CARDEN</hi>, Knt., Ald.; and Mr. Ald.
<hi rend="smallCaps">KENNEDY</hi>.</p>
<p>
<hi rend="italic">Before Mr. Recorder and the First Jury.</hi> </p>
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<p>135.
<persName id="def1-135-18541218" type="defendantName">
<interp inst="def1-135-18541218" type="gender" value="male"/>
<interp inst="def1-135-18541218" type="surname" value="MOODY"/>
<interp inst="def1-135-18541218" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM MOODY</hi> </persName> was indicted
<rs id="t18541218-135-offence-1" type="offenceDescription">
<interp inst="t18541218-135-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18541218-135-offence-1" type="offenceSubcategory" value="other"/> for unlawfully keeping open certain rooms in his beer house for the purpose of betting.</rs> </p>
<p>
<hi rend="smallCaps">MR. RYLAND</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>(
<hi rend="smallCaps">MR. ROBINSON</hi>,
<rs id="t18541218-135-verdict-1" type="verdictDescription">
<interp inst="t18541218-135-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18541218-135-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>
<hi rend="italic">on behalf of the prisoner, stated, that he could not contend against the facts opened by</hi>
<hi rend="smallCaps">MR. RYLAND</hi>,
<hi rend="italic">and that the defendant would there
<lb/>fore admit them, and consent to a verdict of</hi>
<hi rend="smallCaps">GUILTY</hi> </rs>.—
<rs id="t18541218-135-punishment-1" type="punishmentDescription">
<interp inst="t18541218-135-punishment-1" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18541218-135-punishment-1" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-135-18541218 t18541218-135-punishment-1"/>
<hi rend="italic">To enter into his own recognisances in</hi> 100
<hi rend="italic">l., to appear and receive judgment if called upon.</hi>)</rs> </p> </div1>
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<p>136.
<persName id="def1-136-18541218" type="defendantName">
<interp inst="def1-136-18541218" type="gender" value="male"/>
<interp inst="def1-136-18541218" type="surname" value="BROWN"/>
<interp inst="def1-136-18541218" type="given" value="STEPHEN"/>
<hi rend="largeCaps">STEPHEN BROWN</hi> </persName> was indicted
<rs id="t18541218-136-offence-1" type="offenceDescription">
<interp inst="t18541218-136-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18541218-136-offence-1" type="offenceSubcategory" value="other"/> for a like offence.</rs> </p>
<p>
<hi rend="smallCaps">MR. RYLAND</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>(
<hi rend="smallCaps">MR. PARRY</hi>,
<rs id="t18541218-136-verdict-1" type="verdictDescription">
<interp inst="t18541218-136-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18541218-136-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="italic">for the defendant, stated, that he could not contend against the facts opened by</hi>
<hi rend="smallCaps">MR. RYLAND</hi>,
<hi rend="italic">and that the defendant would therefore admit them, and consent to a verdict of</hi>
<hi rend="smallCaps">GUILTY</hi> </rs>.—
<rs id="t18541218-136-punishment-2" type="punishmentDescription">
<interp inst="t18541218-136-punishment-2" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18541218-136-punishment-2" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-136-18541218 t18541218-136-punishment-2"/>
<hi rend="italic">To enter into his own recognisances in</hi> 100
<hi rend="italic">l</hi>.
<hi rend="italic">to appear and receive judgment if called upon.</hi>)</rs> </p> </div1>
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<p>137.
<persName id="def1-137-18541218" type="defendantName">
<interp inst="def1-137-18541218" type="gender" value="female"/>
<interp inst="def1-137-18541218" type="age" value="38"/>
<interp inst="def1-137-18541218" type="surname" value="M'GUINNESS"/>
<interp inst="def1-137-18541218" type="given" value="ANN MARIA"/>
<hi rend="largeCaps">ANN MARIA M'GUINNESS</hi> </persName>
<rs id="t18541218-137-offence-1" type="offenceDescription">
<interp inst="t18541218-137-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18541218-137-offence-1" type="offenceSubcategory" value="forgery"/>, feloniously forging and uttering a warrant for the delivery of 3 waistcoat pieces, a warrant for the delivery of 1 watch, a warrant for the delivery of 1 waistcoat piece, and a warrant for the delivery of a remnant of cloth, with intent to defraud.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-4" type="witnessName">
<interp inst="t18541218-name-4" type="gender" value="male"/>
<interp inst="t18541218-name-4" type="surname" value="O'CALLAGHAN"/>
<interp inst="t18541218-name-4" type="given" value="PATRICK"/>PATRICK O'CALLAGHAN</persName> </hi>. I live at No. 22, Finsbury-circus, and am a Roman Catholic priest. On Friday evening, 13th Oct., the prisoner came to me at the Roman Catholic chapel, Moorfields—I only remember having seen her once before—she represented that she was in great distress, and sought permission to see me next day at my dwelling house, with a view to</p>
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<p>obtain 3
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. to pay a debt for which she said her effects had been seized by brokers, and that she had a number of pawnbroker's duplicates which she would bring me next day as security—I understood them to relate to a gold watch, and other articles of considerable value, which I do not recol
<lb/>lect; but I am certain she mentioned a gold watch—I said that I would see her the next day—she came the next day between 9 and 10 o'clock, to the Priests' house, where I reside; she repeated the tale of her distress, and offered me these four tickets (
<hi rend="italic">produced</hi>) as security for the 3
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>., which she applied to me to advance—she said she would repay me before 4 o'clock that same day—I advanced her 4
<hi rend="italic">l</hi>., and took the tickets—in consequence of her not coming that evening as she promised, and also of something that I heard afterwards, I gave her in charge at her residence—I told her that the charge was offering falsified pawnbroker's duplicates as security for money; she said, "I am very sorry for it, and I will not do it again; I intended to return the money, I intended to act honestly"—she also said on that very morning I should receive a letter from her, saying why it was that she was unable to pay me before that time.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-5" type="witnessName">
<interp inst="t18541218-name-5" type="gender" value="indeterminate"/>
<interp inst="t18541218-name-5" type="surname" value="SPAULL"/>
<interp inst="t18541218-name-5" type="given" value="WALSTON"/>WALSTON SPAULL</persName> </hi>. I am clerk at the Roman Catholic church, Moorfields. I received these four pawnbrokers' tickets from the last witness—I went to three out of the four pawnbrokers—at Mr. Hare's, of St. John's-terrace, Hackney-road, I found a remnant of silk, pawned for 1
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.; but this ticket, which is in the same state that I received it, is for 1
<hi rend="italic">l</hi>. 0
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.; it is dated 10th Oct.—this ticket of 12th Oct., is for a gold watch, or rather a "g. watch;" it is in the same state in which I received it—I found a watch at Mr. Harrisson's in the Hackney-road—this third ticket is for a waistcoat piece pawned at Horton and Walker's—the fourth ticket is from Mr. Ennis'; I did not go there.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-6" type="witnessName">
<interp inst="t18541218-name-6" type="gender" value="male"/>
<interp inst="t18541218-name-6" type="surname" value="HEATH"/>
<interp inst="t18541218-name-6" type="given" value="JOHN"/>JOHN HEATH</persName> </hi>. I manage the business of Mr. Ennis, a pawnbroker, of the Minories. On 4th Oct., I took in a pledge, and gave this ticket (
<hi rend="italic">pro
<lb/>duced</hi>), but I do not know who to—the entry in the day book is 0
<hi rend="italic">l</hi>. is. 0
<hi rend="italic">d</hi>., and in this ticket the first "0" has been turned into a "2."</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-7" type="witnessName">
<interp inst="t18541218-name-7" type="gender" value="male"/>
<interp inst="t18541218-name-7" type="surname" value="GLEED"/>
<interp inst="t18541218-name-7" type="given" value="ISAAC"/>ISAAC GLEED</persName> </hi>. I am foreman to Horton and Walker, pawnbrokers, of London-terrace, Hackney-road. I issued this ticket, and produce the coun
<lb/>terpart—it is for 1
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. for a waistcoat piece, which I took in of the pri
<lb/>soner—it has been altered to 2
<hi rend="italic">l</hi>. 0
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—she has been a frequent customer for two months, and I am sure of her.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-8" type="witnessName">
<interp inst="t18541218-name-8" type="gender" value="male"/>
<interp inst="t18541218-name-8" type="surname" value="SAUNDERS"/>
<interp inst="t18541218-name-8" type="given" value="CHARLES"/>CHARLES SAUNDERS</persName> </hi>. I am shopman to Mr. Hare. I gave out this ticket to the prisoner for a remnant of silk—I knew her by sight, and advanced 1
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. on it—there has been an "0" put in between the "1" and the "6," making 1
<hi rend="italic">l</hi>. 0
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—I have never given authority to anybody to alter tickets.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-9" type="witnessName">
<interp inst="t18541218-name-9" type="gender" value="male"/>
<interp inst="t18541218-name-9" type="surname" value="FINNIS"/>
<interp inst="t18541218-name-9" type="given" value="HENRY"/>HENRY FINNIS</persName> </hi> (
<hi rend="italic">City policeman</hi>). I apprehended the prisoner on 18th Oct., at No. 32, Weymouth-terrace, Hackney-road, her own residence—I told her she was charged with obtaining money by falsifying tickets—she said, "I have altered the tickets, I admit;" and she begged to be forgiven.</p>
<p>
<hi rend="italic">Prisoner.</hi> I offered to pay the money back, in your presence.
<hi rend="italic">Witness.</hi> You said you would borrow it, and pay it, if you got time.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I did not intend to defraud the Roman Catholic gentleman, or I should not have remained in my lodgings, or written to him the note which I did; it was not upon false pretences that I borrowed it; my things would have been sold if I had not done so; I was in distraction; I thought to take the money, and to get affidavits for the articles, and get them out.</p>
<p>
<hi rend="smallCaps">
<rs id="t18541218-137-verdict-1" type="verdictDescription">
<interp inst="t18541218-137-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18541218-137-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 38.</p>
<p>(
<hi rend="italic">The officer, Finnis, stated that warrants were out against the prisoner at</hi> </p>
<xptr type="pageFacsimile" doc="185412180003"/>
<p>
<hi rend="italic">Manchester and at Brighton, for precisely similar offences; and that she lived in ready furnished lodgings, and had no goods whatever.</hi>)</p>
<p>
<hi rend="italic">
<rs id="t18541218-137-punishment-3" type="punishmentDescription">
<interp inst="t18541218-137-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18541218-137-punishment-3" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-138-18541218 t18541218-137-punishment-3"/>Confined Four Months</rs>.</hi> </p> </div1>
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<interp inst="t18541218-138" type="date" value="18541218"/>
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<p>138.
<persName id="def1-138-18541218" type="defendantName">
<interp inst="def1-138-18541218" type="gender" value="male"/>
<interp inst="def1-138-18541218" type="age" value="61"/>
<interp inst="def1-138-18541218" type="surname" value="LAMB"/>
<interp inst="def1-138-18541218" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES LAMB</hi> </persName>
<rs id="t18541218-138-offence-1" type="offenceDescription">
<interp inst="t18541218-138-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18541218-138-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing 401bs. of hay, value 2
<hi rend="italic">s</hi>., the goods of
<persName id="t18541218-name-11" type="victimName">
<interp inst="t18541218-name-11" type="gender" value="male"/>
<interp inst="t18541218-name-11" type="surname" value="BATES"/>
<interp inst="t18541218-name-11" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18541218-138-offence-1 t18541218-name-11"/>George Bates</persName>; having been before convicted: to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18541218-138-verdict-1" type="verdictDescription">
<interp inst="t18541218-138-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18541218-138-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—Aged 61.</p>
<p>(
<hi rend="italic">It was stated by the Governor of St. Alban's Gaol, and Thomas Maguire, policeman, T</hi> 85,
<hi rend="italic">that the prisoner had been sentenced to fourteen years' transportation, at St. Alban's Quarter Sessions, in</hi> 1849,
<hi rend="italic">for stealing bark, after a previous conviction; he had served part of his time at Portsmouth, and had been out nine months on a ticket of leave, when he committed the present offence.</hi>)</p>
<p>
<hi rend="italic">
<rs id="t18541218-138-punishment-4" type="punishmentDescription">
<interp inst="t18541218-138-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18541218-138-punishment-4" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-138-18541218 t18541218-138-punishment-4"/>Confined Six Months</rs>.</hi> </p> </div1>
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<p>139.
<persName id="def1-139-18541218" type="defendantName">
<interp inst="def1-139-18541218" type="gender" value="male"/>
<interp inst="def1-139-18541218" type="age" value="38"/>
<interp inst="def1-139-18541218" type="surname" value="TUCK"/>
<interp inst="def1-139-18541218" type="given" value="WARNER"/>
<interp inst="def1-139-18541218" type="occupation" value="traveller"/>
<hi rend="largeCaps">WARNER TUCK</hi> </persName>
<rs id="t18541218-139-offence-1" type="offenceDescription">
<interp inst="t18541218-139-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18541218-139-offence-1" type="offenceSubcategory" value="embezzlement"/>, embezzling the sums of 4
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>., 7
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., and 9
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>.; the property of
<persName id="t18541218-name-13" type="victimName">
<interp inst="t18541218-name-13" type="gender" value="male"/>
<interp inst="t18541218-name-13" type="surname" value="MOORE"/>
<interp inst="t18541218-name-13" type="given" value="WILLIAM"/>
<interp inst="t18541218-name-13" type="occupation" value="wholesale coffee dealer"/>
<join result="offenceVictim" targOrder="Y" targets="t18541218-139-offence-1 t18541218-name-13"/>William Moore</persName> and another, his masters.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. CLARKSON</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">ROBINSON</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-14" type="witnessName">
<interp inst="t18541218-name-14" type="gender" value="male"/>
<interp inst="t18541218-name-14" type="surname" value="BURGESS"/>
<interp inst="t18541218-name-14" type="given" value="JOHN"/>JOHN BURGESS</persName> </hi>. I am a grocer, of Reading. I deal with Moore and Co., for coffee—on 26th Aug., I was indebted to them 15
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>.—I paid that amount to the prisoner on that day, and he gave me this receipt for 15
<hi rend="italic">l</hi>. 19
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>. (
<hi rend="italic">produced</hi>)—that is the whole amount I owed Messrs. Moore at that time.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-15" type="witnessName">
<interp inst="t18541218-name-15" type="gender" value="male"/>
<interp inst="t18541218-name-15" type="surname" value="ANTILL"/>
<interp inst="t18541218-name-15" type="given" value="BENJAMIN"/>BENJAMIN ANTILL</persName> </hi>. I am a grocer, carrying on business at Stroud, in Gloucestershire—I deal with Messrs. Moore, for coffee, and on 30th Aug. paid the prisoner 11
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>., which I owed them—he signed this receipt (
<hi rend="italic">pro
<lb/>duced</hi>) in my presence.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-16" type="witnessName">
<interp inst="t18541218-name-16" type="gender" value="male"/>
<interp inst="t18541218-name-16" type="surname" value="HIGGINTON"/>
<interp inst="t18541218-name-16" type="given" value="WILLIAM"/>WILLIAM HIGGINTON</persName> </hi>. I live at Thatcham, in Berkshire, and am a grocer. I deal with the prosecutors, and on 4th Sept. paid to the prisoner for them 29
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>., which I owed them—he signed this receipt (
<hi rend="italic">produced</hi>).</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-17" type="witnessName">
<interp inst="t18541218-name-17" type="gender" value="male"/>
<interp inst="t18541218-name-17" type="surname" value="ADAMS"/>
<interp inst="t18541218-name-17" type="given" value="WILLIAM SMITH"/>WILLIAM SMITH ADAMS</persName> </hi>. I was managing clerk to the prosecutors during the whole of this year, up to 23rd Sept. The superintendence of the busi
<lb/>ness devolved on me—it was my business to open letters addressed to my employers—the prisoner was their traveller—it was his duty to report to us by letter all moneys he received, once a week; but for the convenience of the house he was in the habit of doing so every day, and the accounts ran on till the end of his journey—this letter (
<hi rend="italic">produced</hi>) is dated 21st Aug.—it contains an account of moneys received by the prisoner—he accounts here for 11
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. received of Messrs. Burgess and Sons, of Reading, and 6
<hi rend="italic">d</hi>. allowance—this other letter is dated 31st Aug.—I find in it, in the prisoner's writing, an account of 3
<hi rend="italic">l</hi>. 19
<hi rend="italic">s</hi>. received of Benjamin Antill, allow
<lb/>ing a discount of 5
<hi rend="italic">d</hi>.—this other letter, of 4th Sept., is in the prisoner's writing, and contains an account of 20
<hi rend="italic">l</hi>. received of William Higginton—the prisoner received a salary of 200
<hi rend="italic">l</hi>. a year, and was allowed 1
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>. a day for expenses—he never accounted to me for the difference between what he had in fact received and what he reported.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. DOYLE</hi>.
<hi rend="italic">Q.</hi> Who are the partners in the firm?
<hi rend="italic">A.</hi> Mr. Moore and Mr. James Carthen Quick—the prisoner used to account to me at the end of his journey—these sums which he accounts for here were entered into a book, and at the end of three months added up——we then allowed him his expenses and his salary, and he paid over to us the general balance—if the balance was on his side, we should pay him—the journeys took three months—at the end of his journey, and previous to the settlement taking place, it was in his power to set any errors right, because we called over our books to see that errors were avoided—I left Messrs. Moore on 23rd Sept.—these three sums of money occurred in the</p>
<xptr type="pageFacsimile" doc="185412180004"/>
<p>same journey; that was the last journey before I left—I was in the employment of the house on 19th Sept.—I am perfectly cognizant of the fact that at that time the prisoner stated a deficiency in his accounts—the amount of the deficiency at that time was, I believe, 238
<hi rend="italic">l</hi>.—I do not know how that was paid—I was not in the employment of Messrs. Moore when it was paid—I only know by hearsay of an arrangement being made—I know that he was in communication with Messrs. Moore at the time—he has been in their employment four and a half or five years—his salary when he entered their employment was 140
<hi rend="italic">l</hi>. a year, not 130
<hi rend="italic">l</hi>.—I should say that it has been increased to 200
<hi rend="italic">l</hi>. from twelve to eighteen months—he has frequently complained that the allowance for his expenses on the road was not sufficient, in consequence of his travelling very quickly—about the first, second, and third journey he claimed for losses upon his expenses; I think it was about 1849 or 1850—he complained frequently, till it was agreed that 26
<hi rend="italic">s</hi>. was to be the maximum—he has frequently said that 26
<hi rend="italic">s</hi>. was not enough.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> What was it to include?
<hi rend="italic">A.</hi> His fare, his lodging on the road, and all incidental expenses—he travelled by rail, and was allowed to take a gig when he chose; but 26
<hi rend="italic">s</hi>. was to cover it all.</p>
<p>
<hi rend="smallCaps">MR. DOYLE</hi>.
<hi rend="italic">Q.</hi> Was there any other person with whom the prisoner settled except you?
<hi rend="italic">A.</hi> No; there was a Mr. Cutler in the employment, but he did not settle with him—I am quite sure that this last journey was not called over and settled with Mr. Cutler, nor any previous account—I added it up, and compared the prisoner's account with our book—Mr. Cutler was a subordinate clerk, and might have called the items over—the prisoner was rather a valuable servant; he increased the business in the district he travelled over, to quite three times what it was.</p>
<p>
<hi rend="smallCaps">MR. CLARKSON</hi>.
<hi rend="italic">Q.</hi> What was the amount of his entire deficiency?
<hi rend="italic">A.</hi> I believe some few pounds under 700
<hi rend="italic">l</hi>.—the settlement of 19th Sept. took place with reference to accounts which he had rendered as having received, and which his masters gave him time to pay—neither myself nor anybody else in the house had any notion that he had received moneys, and accounted for less sums—he never corrected, or offered to correct either of these three sums, or represented that there was any error about them—the settlement in Sept. took place on the basis of the moneys which he represented that he had received.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-18" type="witnessName">
<interp inst="t18541218-name-18" type="gender" value="male"/>
<interp inst="t18541218-name-18" type="surname" value="MOORE"/>
<interp inst="t18541218-name-18" type="given" value="WILLIAM"/>WILLIAM MOORE</persName> </hi>. I am a wholesale coffee dealer, of Lime-street. The pri
<lb/>soner has been four or five years in my service as traveller—it was his duty to report, every day, the money he received—I know that there was an attempt at a settlement on 19th Sept., but I am always travelling, and not supposed to know much of the counting house; but my clerk, Homewood, who suc
<lb/>ceeded Adams, will inform you—these sums have not been accounted for to me.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> You heard Mr. Adams's evidence?
<hi rend="italic">A.</hi> Yes—he is correct in saying that the prisoner had an opportunity, at the end of the journey, of completing his accounts—the account was not complete till he had finished his journey—it was open till his return, when it was his duty to settle it with my manager.</p>
<p>
<hi rend="smallCaps">MR. CLARKSON</hi>.
<hi rend="italic">Q.</hi> The money has not been paid?
<hi rend="italic">A.</hi> No—the pri
<lb/>soner had no authority to report less sums than he received, although he did so—previous to his commencing a fresh journey, he was made to arrange the former one, and had the opportunity of setting any error right.</p>
<p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">WILLIAM SMITH ADAMS</hi>.
<hi rend="italic">Q.</hi> Was the prisoner's journey over on 19th Sept.?
<hi rend="italic">A.</hi> Yes, and he went through this account with me.</p>
<xptr type="pageFacsimile" doc="185412180005"/>
<p>
<hi rend="smallCaps">HOMEWOOD</hi>. I succeeded Mr. Adams in the service of Messrs. Moore, about 23rd Sept., when he left; but I went there in Aug.—I was present when the prisoner gave in his account, and saw Mr. Adams go through it—the prisoner was deficient to the amount of 238
<hi rend="italic">l</hi>.—that was the deficiency of money which he reported—that did not form part of the accounts, he had not reported these three amounts—he reported a less amount than he received, and he made no correction whatever, nor has he accounted to me since.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Were you present at any arrangement made between the prisoner and the principals of your house?
<hi rend="italic">A.</hi> No—I know how this money was paid—we first received 110
<hi rend="italic">l</hi>. of the prisoner—that was about 6th Oct.—he was told that until he paid that, he could not start on his new journey—I know that his going on his journey was suspended, pending the payment of this money—he started on his journey on the 7th, and about 20th Oct. we received 28
<hi rend="italic">l</hi>. from him in reduction of the deficiency—he remitted it to me from the country—on 25th Oct., I received from him 200
<hi rend="italic">l</hi>.; 100
<hi rend="italic">l</hi>. was to cover the balance on the first journey, and 100
<hi rend="italic">l</hi>. to be placed to the credit of the journey he was then on—a friend of his called and paid it, his nephew, I believe—100
<hi rend="italic">l</hi>. was placed to his credit for the journey he was then on; but if we had found out other defi
<lb/>ciencies in the account of 19th Sept., we should, no doubt, have charged part of it against that—I do not know where the 338
<hi rend="italic">l</hi>. came from—I have no reason to think that it came from the prisoner's friends—I placed the 100
<hi rend="italic">l</hi>. with the other credits, and placed all the credits together—I was desired to do so by the prisoner, by a letter which he addressed to the pro
<lb/>secutors about the end of Oct.—the prisoner's private account was kept quite distinct from his other accounts—I did not put the 100
<hi rend="italic">l</hi>. to his private account, but to the journey—the private account had nothing to do with that; it was for his salary.</p>
<p>
<hi rend="smallCaps">MR. CLARKSON</hi>.
<hi rend="italic">Q.</hi> With regard to the 238
<hi rend="italic">l</hi>., I understand you to say, that he would not be permitted to renew his journey before it was accounted for?
<hi rend="italic">A.</hi> He started on his journey when he had paid 110
<hi rend="italic">l</hi>.—I never heard any person tell him that he would not be allowed to travel until the 238
<hi rend="italic">l</hi>. was paid; but I understood that that was the arrangement—he paid 110
<hi rend="italic">l</hi>. before he started—he never disclosed to me the fact, till this charge was made, that he had received large sums of money, and reported small ones—I was lot aware of any such transaction—I have not been a traveller myself.</p>
<p>
<hi rend="smallCaps">MR. CLARKSON</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">WILLIAM MOORE</hi>.
<hi rend="italic">Q.</hi> Is 26
<hi rend="italic">s</hi>. a day a sufficient allow
<lb/>ance for travelling?
<hi rend="italic">A.</hi> It is more than sufficient; it is more than fifteen travellers out of twenty are allowed.</p>
<p>
<hi rend="smallCaps">MR. CLARKSON</hi>
<hi rend="italic">to</hi>——
<hi rend="smallCaps">HOMEWOOD</hi>.
<hi rend="italic">Q.</hi> Was the deficiency on the pre
<lb/>vious journey, based upon his statement that he had received three smaller sums instead of three larger sums?
<hi rend="italic">A.</hi> The three smaller sums were not named; he had not reported them to us—the balance of 238
<hi rend="italic">l</hi>. was struck on the supposition that he had received only the smaller sums, according to his report—if we had known that he had received the larger sums, that balance would have been increased.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-19" type="witnessName">
<interp inst="t18541218-name-19" type="gender" value="male"/>
<interp inst="t18541218-name-19" type="surname" value="QUICK"/>
<interp inst="t18541218-name-19" type="given" value="JAMES CARTHEN"/>JAMES CARTHEN QUICK</persName> </hi>. I am in partnership with Mr. Moore; I have never been a traveller. The prisoner has never accounted to me for any of the deficiencies which have been referred to—I have no doubt that this letter (
<hi rend="italic">produced</hi>) is in the prisoner's writing; but Mr. Adams is more conversant with his writing thin I am.</p>
<xptr type="pageFacsimile" doc="185412180006"/>
<p>
<hi rend="italic">Cross-examined. Q.</hi> You considered him a very valuable servant?
<hi rend="italic">A.</hi> Yes; he would not have been taken without a very high character; we had security with him at the time he came, which was afterwards rendered a nonentity by death—we made these deficiencies matters of account, because he should not be injured, believing that the money had all been reported as received, and he was therefore allowed to go on the journey on his promise that the amount should be sent up; but we knew nothing about what was not reported, we thought he had returned every penny that he had received—I know that he had been negotiating a loan about that time to pay off what he had returned as having received—we did not know how much he was deficient.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-20" type="witnessName">
<interp inst="t18541218-name-20" type="gender" value="male"/>
<interp inst="t18541218-name-20" type="surname" value="ADAMS"/>
<interp inst="t18541218-name-20" type="given" value="WILLIAM SMITH"/>WILLIAM SMITH ADAMS</persName> </hi>
<hi rend="italic">re-examined.</hi> This letter is in the prisoner's writing (
<hi rend="italic">read:</hi> "Chichester, Nov. 14, 1854. Messrs. Moore and Co.; Gentle
<lb/>men, I am in receipt of Mr. Quick's letter, and of course have not presumed to call upon any one; I shall leave by the next train for Brighton, where I shall post this and remain a few hours; I feel my position too acutely to discuss it, but am anxious that you should be repaid every farthing, which can be managed if I am upheld by you, and a little time given; I know how much I have to fear from your resorting to harsh measures, but I cer
<lb/>tainly, perhaps without right, trust I am correct in supposing that you would prefer having your money to disgracing me eternally; of course under the circumstances, I cannot expect either of you to see me, but a letter will meet with attention at No. 178, Blackfriars-road; and in the mean time I must repeat my hope that you will not have recourse to mea
<lb/>sures which will produce disgrace not only upon me, but every body belong
<lb/>ing to me.—Warner Tuck."</p>
<p>(
<hi rend="italic">The prisoner received a good character.</hi>)</p>
<p>
<hi rend="smallCaps">
<rs id="t18541218-139-verdict-1" type="verdictDescription">
<interp inst="t18541218-139-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18541218-139-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 38.</p>
<p>(
<hi rend="smallCaps">MR. ROBINSON</hi>
<hi rend="italic">stated that there was between</hi> 600
<hi rend="italic">l</hi>.
<hi rend="italic">and</hi> 700
<hi rend="italic">l</hi>.
<hi rend="italic">deficient, and unavowed by the prisoner, and that ninety different accounts had been falsified</hi>).—
<hi rend="italic">
<rs id="t18541218-139-punishment-5" type="punishmentDescription">
<interp inst="t18541218-139-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18541218-139-punishment-5" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-139-18541218 t18541218-139-punishment-5"/>Confined Eighteen Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18541218-140">
<interp inst="t18541218-140" type="uri" value="sessionsPapers/18541218"/>
<interp inst="t18541218-140" type="date" value="18541218"/>
<join result="criminalCharge" id="t18541218-140-charge-1" targOrder="Y" targets="def1-140-18541218 t18541218-140-offence-1 t18541218-140-verdict-1"/>
<p>140.
<persName id="def1-140-18541218" type="defendantName">
<interp inst="def1-140-18541218" type="gender" value="male"/>
<interp inst="def1-140-18541218" type="age" value="41"/>
<interp inst="def1-140-18541218" type="surname" value="AYLOTT"/>
<interp inst="def1-140-18541218" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN AYLOTT</hi> </persName>
<rs id="t18541218-140-offence-1" type="offenceDescription">
<interp inst="t18541218-140-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18541218-140-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing 6 lbs. weight of flour, and 2 candles, value 18
<hi rend="italic">d</hi>.; the goods of
<persName id="t18541218-name-22" type="victimName">
<interp inst="t18541218-name-22" type="gender" value="male"/>
<interp inst="t18541218-name-22" type="surname" value="SMITH"/>
<interp inst="t18541218-name-22" type="given" value="JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t18541218-140-offence-1 t18541218-name-22"/>Joseph Smith</persName>: to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18541218-140-verdict-1" type="verdictDescription">
<interp inst="t18541218-140-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18541218-140-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 41.—
<hi rend="italic">Recommended to mercy.—
<rs id="t18541218-140-punishment-6" type="punishmentDescription">
<interp inst="t18541218-140-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18541218-140-punishment-6" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-140-18541218 t18541218-140-punishment-6"/>Confined Four Months</rs>.</hi> </p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, December</hi> 18
<hi rend="italic">th</hi>, 1854.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>—Mr. Ald.
<hi rend="smallCaps">HUNTER</hi>; Mr. Ald.
<hi rend="smallCaps">CUBITT</hi>; Mr. Ald.
<hi rend="smallCaps">KENNEDY</hi>; and Mr.
<hi rend="smallCaps">COMMON SERJEANT</hi>.</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant and the Fifth Jury.</hi> </p>
<div1 type="trialAccount" id="t18541218-141">
<interp inst="t18541218-141" type="uri" value="sessionsPapers/18541218"/>
<interp inst="t18541218-141" type="date" value="18541218"/>
<join result="criminalCharge" id="t18541218-141-charge-1" targOrder="Y" targets="def1-141-18541218 t18541218-141-offence-1 t18541218-141-verdict-1"/>
<p>141.
<persName id="def1-141-18541218" type="defendantName">
<interp inst="def1-141-18541218" type="gender" value="male"/>
<interp inst="def1-141-18541218" type="age" value="46"/>
<interp inst="def1-141-18541218" type="surname" value="LAWRENCE"/>
<interp inst="def1-141-18541218" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN LAWRENCE</hi> </persName>
<rs id="t18541218-141-offence-1" type="offenceDescription">
<interp inst="t18541218-141-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18541218-141-offence-1" type="offenceSubcategory" value="embezzlement"/>, embezzling 3
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>.; the moneys of
<persName id="t18541218-name-24" type="victimName">
<interp inst="t18541218-name-24" type="gender" value="male"/>
<interp inst="t18541218-name-24" type="surname" value="SNAITCH"/>
<interp inst="t18541218-name-24" type="given" value="MATTHEW"/>
<join result="offenceVictim" targOrder="Y" targets="t18541218-141-offence-1 t18541218-name-24"/>Matthew Saitch</persName>, his master: to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18541218-141-verdict-1" type="verdictDescription">
<interp inst="t18541218-141-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18541218-141-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 46.—
<hi rend="italic">
<rs id="t18541218-141-punishment-7" type="punishmentDescription">
<interp inst="t18541218-141-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18541218-141-punishment-7" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-141-18541218 t18541218-141-punishment-7"/>Confined Three Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18541218-142">
<interp inst="t18541218-142" type="uri" value="sessionsPapers/18541218"/>
<interp inst="t18541218-142" type="date" value="18541218"/>
<join result="criminalCharge" id="t18541218-142-charge-1" targOrder="Y" targets="def1-142-18541218 t18541218-142-offence-1 t18541218-142-verdict-1"/>
<p>142.
<persName id="def1-142-18541218" type="defendantName">
<interp inst="def1-142-18541218" type="gender" value="male"/>
<interp inst="def1-142-18541218" type="surname" value="AYRES"/>
<interp inst="def1-142-18541218" type="given" value="JAMES"/>
<interp inst="def1-142-18541218" type="occupation" value="butler"/>
<hi rend="largeCaps">JAMES AYRES</hi> </persName>
<rs id="t18541218-142-offence-1" type="offenceDescription">
<interp inst="t18541218-142-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18541218-142-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, stealing 5
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>.; the moneys of
<persName id="t18541218-name-26" type="victimName">
<interp inst="t18541218-name-26" type="gender" value="indeterminate"/>
<interp inst="t18541218-name-26" type="surname" value="PEEL"/>
<interp inst="t18541218-name-26" type="given" value="JONATHAN"/>
<join result="offenceVictim" targOrder="Y" targets="t18541218-142-offence-1 t18541218-name-26"/>Jonathan Peel</persName>, his master.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-27" type="witnessName">
<interp inst="t18541218-name-27" type="gender" value="female"/>
<interp inst="t18541218-name-27" type="surname" value="JONES"/>
<interp inst="t18541218-name-27" type="given" value="MARY"/>MARY JONES</persName> </hi>. I am housekeeper to Major General Jonathan Peel. I know the prisoner, he was butler to the General—in Nov., I received a sum of money from the General to pay the servants; I gave it to the prisoner, and he was to pay the different things he had on this book (
<hi rend="italic">pro
<lb/>duced</hi>),</p>
<xptr type="pageFacsimile" doc="185412180007"/>
<p>which is in his Writing; he was to pay the tradespeople, and the servants—he had to pay 2
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. to the under butler, James Turner, 2
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>. to a Mr. Bartlett, and 5
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>. 3 1/2
<hi rend="italic">d</hi>. to Mr. Cook—I gave him the money for them.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-28" type="witnessName">
<interp inst="t18541218-name-28" type="gender" value="male"/>
<interp inst="t18541218-name-28" type="surname" value="TURNER"/>
<interp inst="t18541218-name-28" type="given" value="JAMES"/>JAMES TURNER</persName> </hi>. I am under butler to General Peel. I know the pri
<lb/>soner, he was the butler—he had to pay me 2
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. 2 1/2
<hi rend="italic">d</hi>. in Nov. for board wages, he did not pay me—he gave me a 10
<hi rend="italic">l</hi>. note to get it changed, and to pay myself out of it—I did not get it changed; I returned the note to him—that was the first week in Nov.—I asked him for the money two or three times—the first time he had not succeeded in getting change, and the last time he told me he would attend to it presently—I think that was the day previous to his quitting.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-29" type="witnessName">
<interp inst="t18541218-name-29" type="gender" value="male"/>
<interp inst="t18541218-name-29" type="surname" value="BARTLETT"/>
<interp inst="t18541218-name-29" type="given" value="JOHN"/>JOHN BARTLETT</persName> </hi>. I am a wax chandler, in Regent-street. In Oct., 2
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>. was due to me from General Peel—his account has generally been paid early in the next month—I have not been paid that sum—our cash has been balanced every night—I have persons in my employ who receive money, but that money must have come into account, unless those persons have been guilty of fraud themselves—here is the account (
<hi rend="italic">producing it</hi>), it is not entered.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-30" type="witnessName">
<interp inst="t18541218-name-30" type="gender" value="male"/>
<interp inst="t18541218-name-30" type="surname" value="COOK"/>
<interp inst="t18541218-name-30" type="given" value="GEORGE"/>GEORGE COOK</persName> </hi>. I am in the service of General Peel. I had 5
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>., to receive for wages in Nov.—the prisoner paid me part, and said he would pay me the rest.</p>
<p>
<hi rend="smallCaps">
<rs id="t18541218-142-verdict-1" type="verdictDescription">
<interp inst="t18541218-142-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18541218-142-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18541218-143">
<interp inst="t18541218-143" type="uri" value="sessionsPapers/18541218"/>
<interp inst="t18541218-143" type="date" value="18541218"/>
<join result="criminalCharge" id="t18541218-143-charge-1" targOrder="Y" targets="def1-143-18541218 t18541218-143-offence-1 t18541218-143-verdict-1"/>
<p>143.
<persName id="def1-143-18541218" type="defendantName">
<interp inst="def1-143-18541218" type="gender" value="male"/>
<interp inst="def1-143-18541218" type="age" value="39"/>
<interp inst="def1-143-18541218" type="surname" value="AYRES"/>
<interp inst="def1-143-18541218" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES AYRES</hi> </persName> was
<hi rend="italic">again</hi> indicted
<rs id="t18541218-143-offence-1" type="offenceDescription">
<interp inst="t18541218-143-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18541218-143-offence-1" type="offenceSubcategory" value="stealingFromMaster"/> for stealing 45 bottles of wine, and 1 bottle of brandy, the goods of
<persName id="t18541218-name-32" type="victimName">
<interp inst="t18541218-name-32" type="gender" value="male"/>
<interp inst="t18541218-name-32" type="surname" value="PEEL"/>
<interp inst="t18541218-name-32" type="given" value="JONATHAN"/>
<join result="offenceVictim" targOrder="Y" targets="t18541218-143-offence-1 t18541218-name-32"/>Jonathan Peel</persName>, his master: to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18541218-143-verdict-1" type="verdictDescription">
<interp inst="t18541218-143-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18541218-143-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 39.—
<hi rend="italic">
<rs id="t18541218-143-punishment-8" type="punishmentDescription">
<interp inst="t18541218-143-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18541218-143-punishment-8" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-143-18541218 t18541218-143-punishment-8"/>Confined Three Months</rs>.</hi> </p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, December</hi> 19
<hi rend="italic">th</hi>, 1854.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>—Mr. Ald.
<hi rend="smallCaps">HUNTER</hi>; Mr.
<hi rend="smallCaps">RECORDER</hi>; Mr. Ald.
<hi rend="smallCaps">LAWRENCE</hi>; and Sir
<hi rend="smallCaps">ROBERT WALTER CARDEN</hi>, Knt., Ald.</p>
<p>
<hi rend="italic">Before Mr. Recorder and the Second Jury.</hi> </p>
<div1 type="trialAccount" id="t18541218-144">
<interp inst="t18541218-144" type="uri" value="sessionsPapers/18541218"/>
<interp inst="t18541218-144" type="date" value="18541218"/>
<join result="criminalCharge" id="t18541218-144-charge-1" targOrder="Y" targets="def1-144-18541218 t18541218-144-offence-1 t18541218-144-verdict-1"/>
<p>144.
<persName id="def1-144-18541218" type="defendantName">
<interp inst="def1-144-18541218" type="gender" value="male"/>
<interp inst="def1-144-18541218" type="age" value="21"/>
<interp inst="def1-144-18541218" type="surname" value="SCOTT"/>
<interp inst="def1-144-18541218" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY SCOTT</hi> </persName>
<rs id="t18541218-144-offence-1" type="offenceDescription">
<interp inst="t18541218-144-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18541218-144-offence-1" type="offenceSubcategory" value="pocketpicking"/>, stealing a handkerchief, value 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.; the goods of
<persName id="t18541218-name-34" type="victimName">
<interp inst="t18541218-name-34" type="gender" value="male"/>
<interp inst="t18541218-name-34" type="surname" value="KIRKALDY"/>
<interp inst="t18541218-name-34" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18541218-144-offence-1 t18541218-name-34"/>John Kirkaldy</persName>, from his person; having been before convicted: to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18541218-144-verdict-1" type="verdictDescription">
<interp inst="t18541218-144-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18541218-144-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 21.—
<hi rend="italic">
<rs id="t18541218-144-punishment-9" type="punishmentDescription">
<interp inst="t18541218-144-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18541218-144-punishment-9" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-144-18541218 t18541218-144-punishment-9"/>Four Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18541218-145">
<interp inst="t18541218-145" type="uri" value="sessionsPapers/18541218"/>
<interp inst="t18541218-145" type="date" value="18541218"/>
<join result="criminalCharge" id="t18541218-145-charge-1" targOrder="Y" targets="def1-145-18541218 t18541218-145-offence-1 t18541218-145-verdict-1"/>
<p>145.
<persName id="def1-145-18541218" type="defendantName">
<interp inst="def1-145-18541218" type="gender" value="male"/>
<interp inst="def1-145-18541218" type="age" value="22"/>
<interp inst="def1-145-18541218" type="surname" value="WILLIAMSON"/>
<interp inst="def1-145-18541218" type="given" value="ALFRED"/>
<hi rend="largeCaps">ALFRED WILLIAMSON</hi> </persName>
<rs id="t18541218-145-offence-1" type="offenceDescription">
<interp inst="t18541218-145-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18541218-145-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing 13 music books, value 2
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>.; the goods of
<persName id="t18541218-name-36" type="victimName">
<interp inst="t18541218-name-36" type="gender" value="male"/>
<interp inst="t18541218-name-36" type="surname" value="M'QUOIN"/>
<interp inst="t18541218-name-36" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18541218-145-offence-1 t18541218-name-36"/>James M'Quoin</persName>: to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18541218-145-verdict-1" type="verdictDescription">
<interp inst="t18541218-145-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18541218-145-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 22.—
<hi rend="italic">
<rs id="t18541218-145-punishment-10" type="punishmentDescription">
<interp inst="t18541218-145-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18541218-145-punishment-10" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-145-18541218 t18541218-145-punishment-10"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18541218-146">
<interp inst="t18541218-146" type="uri" value="sessionsPapers/18541218"/>
<interp inst="t18541218-146" type="date" value="18541218"/>
<join result="criminalCharge" id="t18541218-146-charge-1" targOrder="Y" targets="def1-146-18541218 t18541218-146-offence-1 t18541218-146-verdict-1"/>
<p>146.
<persName id="def1-146-18541218" type="defendantName">
<interp inst="def1-146-18541218" type="gender" value="male"/>
<interp inst="def1-146-18541218" type="age" value="17"/>
<interp inst="def1-146-18541218" type="surname" value="O'CONNELL"/>
<interp inst="def1-146-18541218" type="given" value="WILLIAM JOHN"/>
<hi rend="largeCaps">WILLIAM JOHN O'CONNELL</hi> </persName>
<rs id="t18541218-146-offence-1" type="offenceDescription">
<interp inst="t18541218-146-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18541218-146-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, stealing 1 piece of paper, value 1
<hi rend="italic">d</hi>., the goods of the
<persName id="t18541218-name-38" type="victimName">
<interp inst="t18541218-name-38" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18541218-146-offence-1 t18541218-name-38"/>Scottish Australian Investment Company</persName>, his masters;
<hi rend="italic">also</hi> feloniously forging and uttering an order for the payment of 41
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>., with intent to defraud;
<hi rend="italic">also</hi> unlawfully obtaining 41
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. of the
<persName id="t18541218-name-39" type="victimName">
<interp inst="t18541218-name-39" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18541218-146-offence-1 t18541218-name-39"/>Union Bank of London</persName>, by false pretences: to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18541218-146-verdict-1" type="verdictDescription">
<interp inst="t18541218-146-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18541218-146-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 17.—
<rs id="t18541218-146-punishment-11" type="punishmentDescription">
<interp inst="t18541218-146-punishment-11" type="punishmentCategory" value="noPunish"/>
<interp inst="t18541218-146-punishment-11" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-146-18541218 t18541218-146-punishment-11"/>
<hi rend="italic">Judgment Respited.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18541218-147">
<interp inst="t18541218-147" type="uri" value="sessionsPapers/18541218"/>
<interp inst="t18541218-147" type="date" value="18541218"/>
<join result="criminalCharge" id="t18541218-147-charge-1" targOrder="Y" targets="def1-147-18541218 t18541218-147-offence-1 t18541218-147-verdict-1"/>
<p>147.
<persName id="def1-147-18541218" type="defendantName">
<interp inst="def1-147-18541218" type="gender" value="male"/>
<interp inst="def1-147-18541218" type="surname" value="PUGH"/>
<interp inst="def1-147-18541218" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES PUGH</hi> </persName> was indicted
<rs id="t18541218-147-offence-1" type="offenceDescription">
<interp inst="t18541218-147-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18541218-147-offence-1" type="offenceSubcategory" value="perjury"/> for wilful and corrupt perjury.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. MONTAGUE CHAMBERS</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">PARRY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<xptr type="pageFacsimile" doc="185412180008"/>
<p>(
<hi rend="smallCaps">MR. HARRISSON</hi>
<hi rend="italic">produced the original writ, the plea, and all the proceed
<lb/>ings, in the action of Drayson and Burwash v. Andrews.</hi>)</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-41" type="witnessName">
<interp inst="t18541218-name-41" type="gender" value="male"/>
<interp inst="t18541218-name-41" type="surname" value="POLLOCK"/>
<interp inst="t18541218-name-41" type="given" value="WILLIAM FREDERICK"/>WILLIAM FREDERICK POLLOCK</persName> </hi>, Esq. I am one of the Masters of the Court of Exchequer. I produce an original deposition, taken by me on 3rd Nov., and the Judge's order for me to examine the witness, which is necessary tinder the Common Law Procedure Act—I examined the defendant upon this order—I administered the oath to him—this is his signature to the deposition—he signed it in my presence, and this is my attestation.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> This was an examination at the instance of the plaintiff?
<hi rend="italic">A.</hi> Yes—(
<hi rend="italic">Order read: "On hearing the attornies or agents for the plaintiff, and James Pugh, I do order that the said James Pugh appear and be examined on oath before one of the Masters, as to the matters concerning which he has refused to make an affidavit." Signed, "Crompton."—The deposition of the defendant was here put in and read. He described himself as a military outfitter, and stated, that in Aug.</hi>, 1852,
<hi rend="italic">he arranged with Mr. Andrews to carry on business with him; that he, Pugh, was to remove his business from his premises, in Jermyn-street, to Mr. Andrews's premises, in Cork-street, and that Andrews was to provide the capital, and other requisites; that he, Pugh, was to be allowed a commission of</hi> 5
<hi rend="italic">l</hi>.
<hi rend="italic">per cent, on the business he introduced, and that this arrangement was carried on till</hi> 8
<hi rend="italic">th June</hi>, 1854,
<hi rend="italic">when a misunder
<lb/>standing occurred. He proceeded to state, that various orders for jewellery were given him by customers, which jewellery he obtained from Messrs. Dray
<lb/>son; and after detailing the particulars of his disagreement with Andrews, the deposition proceeded as follows:</hi> "I recollect an interview with the defendant a day or two before the trial of this action, which was on 16th June, at Mr. Teague's; it was on 8th June. I went, at the request of the defendant, to see what sort of proof I could make on his behalf. Mr. Teague had got a proof prepared, which he read over to me. I was described in it as commercial traveller to the defendant, and that I had no authority to buy the goods. I objected to this, and said I was not the defendant's com
<lb/>mercial traveller, and stated the nature of my arrangement with the defendant, as already stated by me in this deposition. Mr. Teague then said it was a partnership between the defendant and myself. Defendant contradicted this, and said it was not a partnership. Mr. Teague then said to the defendant, 'Let me hear your version of the matter." Defendant said, 'I was to charge Mr. Pugh 5 per cent, for the use of my capital;" and he was going on, but Mr. Teague stopped him, and said again that it was a partnership, and that Mr. Pugh must not stay in town. Defendant said, 'Do you mean to say that Mr. Pugh could pledge my credit for 200
<hi rend="italic">l</hi>., without my sanction?' Mr. Teague said, 'Yes, certainly, for 5,000
<hi rend="italic">l</hi>., and you would be obliged to pay it;' and that the only thing to be done was to send me out of town; for that if I was examined at the trial, and this was to come out, defendant would certainly lose it. Mr. Teague said, 'Mr. Pugh must not be in London another hour; he must not even go home, on any account;' and Mr. Teague offered to send to my house for anything I might require. It was fixed that I should go at once. I said I had, no money. Defendant said he had no money with him, and asked Mr. Teague to lend him some money. Defendant asked Mr. Teague to give him 10
<hi rend="italic">l</hi>. for me. Mr. Teague drew a cheque for that amount, and I went out, and returned in half an hour, and received ten sovereigns from Mr. Teague. Mr. Teague warned me not to come back to town until after the trial. During this interview defendant said that we must have an agreement</p>
<xptr type="pageFacsimile" doc="185412180009"/>
<p>drawn up between us immediately. I said I had always wished for one, and should have no objection to it, if it secured to me my half of the profits. I went out of town on 10th June, and returned on the afternoon of the day of the trial. About 30th June last, I was requested by Mr. Teague to make an affidavit. He wanted to describe me as commercial traveller to defendant I objected to this, and it was finally agreed that I should be described as a commercial traveller generally. Mr. Teague assured me that this should not affect my position with the defendant. I then consented to make the affidavit. It was read over to me; I did not read it I after
<lb/>wards swore it at Guildhall, etc.
<hi rend="italic">Signed</hi>,
<hi rend="smallCaps">JAMES PUGH. W. F. POLLOCK."</hi>)</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-42" type="witnessName">
<interp inst="t18541218-name-42" type="gender" value="male"/>
<interp inst="t18541218-name-42" type="surname" value="TEAGUE"/>
<interp inst="t18541218-name-42" type="given" value="CHARLES BROOKS"/>CHARLES BROOKS TEAGUE</persName> </hi>. I am an attorney. I was the attorney for Mr. Andrews in the action of Drayson and another,
<hi rend="italic">v.</hi> Andrews, in which there was a verdict for the defendant—this (
<hi rend="italic">produced</hi>) is the rule for the new trial—here are three rules; this one is the amended rule—this is not the one served on me by the plaintiff it is an office copy which I have obtained and examined with the books in the office—Mr. Harrison, the attorney, had not got the rule, he had lost it—(
<hi rend="smallCaps">MR. PARRY</hi>
<hi rend="italic">stated, that this rule was dated, Nov.</hi> 14, 1854,
<hi rend="italic">and had not yet been argued</hi>)—the examination of the defendant Pugh, taken before Master Pollock, was used by the plaintiff in the action for the purpose of obtaining this rule—I first became ac
<lb/>quainted with the connection between the defendant and Mr. Andrews about May, this year, when Mr. Andrews came to consult me respecting a claim made by Messrs. Drayson and Burwash, for tome jewellery—I saw the defendant in relation to that claim, some time I believe in the latter end of May, when the action was first commenced—that was the action for 166
<hi rend="italic">l</hi>. for jewellery, as was indorsed on the writ—when I first saw him he told me that he had gone to Drayson and Burwash, and had ordered some jewellery in the name of Mr. Andrews, and that he had not Mr. Andrews's authority for ordering those things—in consequence of notice of trial having been given, I wished to take the evidence of Mr. Pugh as a witness, if necessary—I received instructions from Mr. Andrews as to what Mr. Pugh could state; I prepared a statement of what Mr. Pugh could state, from what Mr. Andrews told me; and on 8th June Mr. Andrews and Mr. Pugh came to my office—I said to Mr. Pugh, "I wish you to state all that you know respecting this transaction; Mr. Andrews tells me that you have obtained these goods without his authority?"—he said, "Well, I believe I have"—I then asked him for whom he had obtained such goods, or, "For whom did you procure those goods?" or something to that effect—he said, "I obtained them for three customers of mine, Mr. Talbot, Mr. Masklin, and somebody else"—I then asked one or two other questions, and took this piece of paper, the statement which I had already prepared, and read it through to him seriatim—this is the original document; he sat by my side as I read it to him, and I believe he followed me in that reading—it was under his eyes," and he also heard me read it—when I came to portions of it he ordered alterations to be made (
<hi rend="italic">reading the document—In this statement Pugh described himself as commercial traveller to Andrews, and stated that the various articles of jewellery which he had obtained from Messrs. Drayson for various customers were ordered by him without the sanction or authority of Andrews; he further stated, that he had no authority from him specifically to give any such order in his name.</hi>)</p>
<p>
<hi rend="italic">Q.</hi> That was read over to him?
<hi rend="italic">A.</hi> Yes—it is just in the same form as when he left my office—he did not sign it—I did not ask him to do so—I took it in the first person, because a witness understands it better—I inva
<lb/>riably</p>
<xptr type="pageFacsimile" doc="185412180010"/>
<p>do so—after I had made the corrections suggested by the defendant, I said to Mr. Andrews, who was in the room, "I do not think it will be necessary to call Mr. Pugh as a witness; he has quite confirmed all you have before told me"—Andrews said, in Pugh's presence, "I should wish him to be called as a witness, as I wish all the facts to appear"—(Mr. Andrews permitted him to state all this)—I said, "You do not require Mr. Pugh's evidence; and if he should be examined as a witness, and prove by his evidence that he has obtained these goods fraudulently, he might possibly, on the application of Drayson and Burwash, be ordered by the Judge into custody"—Pugh immediately said, "Then I had better keep out of the way"—I said that I thought he had; and I believe I said, "You had better perhaps go out of town," or something to that effect—Pugh then asked Andrews if he would let him have some money—he wanted 10
<hi rend="italic">l</hi>.—Andrews said, "I have no money with me; perhaps Mr. Teague will lend you the money"—I said, "No, I will not do anything of the kind"—Mr. Andrews then said to me, "Will you give him a cheque for 10
<hi rend="italic">l</hi>., and I will send you the money in the afternoon?"—I said, "I have no objection to give you 10
<hi rend="italic">l</hi>.," and I drew a cheque for 10
<hi rend="italic">l</hi>., which was cashed, and Pugh had the money—Pugh left for a short time, and came back for the money (I having sent my clerk to cash the cheque), and I never saw him again till the latter end of the month, the 29th—the cause was tried on the 16th June, and a verdict given for the defendant—in consequence of a summons and an order to stay execution, and an affidavit having been filed, I saw Pugh again—I took the instructions from Andrews and Pugh together on this affidavit—I have not got the paper with me—Mr. Andrews and the prisoner made separate affidavits—the one which Pugh made on 30th June is the one I have been speaking of—it was made to show cause against the summons for an order to stay execution—it was used by me for that purpose, and filed—(
<hi rend="italic">this affidavit being read, contained accounts of various interviews with Mr. Burwash, and stated that the entries of the articles of jewellery purchased by him of Mr. Burwash, to the amount of</hi> 166
<hi rend="italic">l</hi>.,
<hi rend="italic">were made in Mr. Andrews's books, without his (Andrews's) privity or sanction</hi>) he certainly never objected to being described as the defendant's commercial traveller—I did not at the interview of 8th June, or at any time say to him that it was a partnership between Mr. Andrews and him, or anything to that effect—I never said to Pugh, "Why, it is a partnership between you and Mr. Andrews"—I did not stop Mr. Pugh, and say it was a part
<lb/>nership, or anything of the sort—nothing was said on that occasion, about a partnership by any one—nothing was said about pledging his credit—Mr. Andrews did not say, "Do you mean to say that Mr. Pugh can pledge my credit for 200
<hi rend="italic">l</hi>., without my sanction"—nor did I say, "Yes, for 5,000
<hi rend="italic">l</hi>."—I did not say that the only thing was to send him out of town, for if he was examined at the trial, and this was to come out, the defendant would certainly lose it—I spoke to him about going out of town, but not in that way—I did not say, "Mr. Pugh must not be in town another hour, he must not even go home on any account"—I did not offer to send to his house for anything—the whole of the statement of the conversation sworn to by Mr. Pugh, as having taken place in my office on 8th Aug., is a fabri
<lb/>cation from beginning to end, except as to the 10
<hi rend="italic">l</hi>.—he did not on 30th June, when this affidavit was made, object to his being described as a com
<lb/>mercial traveller to the defendant—nothing was said by any one about an assurance, that it should not affect his position with the defendant—I read over the affidavit to him, and he afterwards swore it—on 10th July, Mr. Andrews</p>
<xptr type="pageFacsimile" doc="185412180011"/>
<p>and Mr. Pugh, came to my office, that was by an appointment, which Mr. Andrews had previously made with me—a discussion then took place between Mr. Andrews and Mr. Pugh, as to the right of Mr. Pugh to purchase goods, and also as to the commission which he should receive as his traveller—in consequence of the conversation we had on that occasion, I prepared an agreement by their joint instruction—I have the draft of it here, it was never signed (
<hi rend="italic">in this the defendant was described as commercial traveller to Mr. Andrews</hi>)—after this agreement had been prepared and sent to Mr. Andrews, Mr. Pugh came to my office with a letter from Mr. Andrews, and upon that occasion Pugh spoke to me as to the terms of the commission which Mr. Andrews proposed to pay him, and he objected to those terms—he said that Mr. Andrews had proposed, as he had at a former meeting, to pay him 10 per cent, upon moneys received—Pugh thought he ought to have 15 per cent., the agreement was prepared upon the basis of 10 per cent.—an appointment was made for the next day the 13th, and then the two parties met together at my office—they then had a long discussion about this question of commission, and it resulted in a cost price book being made out by Mr. Pugh, as he said he wished to satisfy Mr. Andrews that he could afford to pay out of the profits more than 10 per cent, upon orders that he was to get—I told Pugh that his commission could not be regulated by the profits, because if the profits were to regulate it, it might be a constructive partnership—I said in addition to that, "You might then be liable to pay the debts"—Pugh remarked, "That is what I wish to avoid"—he also said, "When I first came to Mr. Andrews, it was agreed between us that there should not be a partnership, for Mr. Andrews told me he never would have another partner"—he also said, "I consider that I am not his partner, nor do I wish to be his partner"—they then left my office with the understanding between them, that the cost price was to be made out to satisfy Mr. Andrews, that he could afford to pay Pugh more than 10 per cent.—nothing was ever said about a division of profits—this agreement was not carried out, it was never signed—Mr. Pugh saw the rough draft of it—he said he considered the terms of it were very stringent, for I bind him down here, that he is not to buy any goods without specific orders—Mr. Pugh did not at any of these interviews, claim to be a partner of Mr. Andrews—the only instance of a partnership being mentioned was by me, when I said that if the commission was to be regulated by the profits it might be a constructive partnership—nobody else ever said any
<lb/>thing of the kind—I first heard that the defendant claimed to be a partner some time in Aug., when I was abroad—I received a letter from Mr. Andrews, I find it was on 15th Sept.—that was the first time I heard of it—the first notice that Mr. Andrews had of a partnership that I knew of, was by having a notice of dissolution; he came to consult me about it on 14th Sept.—in consequence of Pugh collecting debts, I was obliged to get an injunction, which I obtained on 18th Nov.—that injunction is still in force, restraining him from receiving any moneys.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> That injunction was granted upon a bond given by Mr. Andrews for 2,000
<hi rend="italic">l</hi>., was it not?
<hi rend="italic">A.</hi> It was a bond proffered by Mr. Andrews to be given—it was not required by the Court; a receiver would not have been appointed if the bond had not been given—I swear that, it could not be so, upon the form of the proceedings, as I am advised—the bond was given at the time the injunction was granted; it was, of course, given before the judgment of the Court; it was all simultaneous, it was all on the same day, at the same moment—this was an action against Mr. Andrews by</p>
<xptr type="pageFacsimile" doc="185412180012"/>
<p>Drayson and Co., for goods supplied to Pugh, upon Andrews's credit—the verdict was for the defendant, Mr. Andrews—no witnesses were called for the defence, we did not find it necessary—a motion was made on the part of Messrs. Drayson and Co., for a new trial, and upon that the examination was used—it was to have come on to be argued last term—I had affidavits ready to answer them; Mr. Montague Chambers took an objection, that the rule was not in conformity with the new practice; I suppose I may say it was a technical objection—it put the matter over, so that it will not now be argued till Hilary Term; but Mr. Chambers took that objection con
<lb/>trary to my instructions and wishes, as he knew I wanted to argue it then and there—in the meanwhile I went before the grand jury, and preferred his indictment—we did not give notice to the defendant—I did not sum
<lb/>mon him before a Magistrate; I got the bill in the usual way, it was with
<lb/>out going before a Magistrate; myself, Mr. Andrews, and Mr. Dax, were the witnesses before the grand jury—Mr. Dax is an officer of the Court of Exchequer—the assignments of perjury only apply to the conversation at my chambers; nobody was there on the part of Mr. Pugh—it is not usual when you examine a witness to have an attorney present—I had prepared this document before he came, from the instructions of Mr. Andrews; that was to save time, to make any corrections that were necessary—I always do, if I have the chance of preparing a deposition of a witness, take it from the client first—I think that desirable to save time; it is more readily altered if it is all ready done.</p>
<p>
<hi rend="italic">Q.</hi> And it is read over to the witness, who not unfrequently is found accommodating, and signs it?
<hi rend="italic">A.</hi> Not at all: I do not understand what you call "accommodating;" it is not my practice—it was drawn up to read over to him as I should to any other witness; I did it to save time when the witness came; I intended to correct it according to his own suggestion, and then transfer it to the brief, as a witness, if necessary.</p>
<p>
<hi rend="italic">Q.</hi> Having taken all the trouble to draw this up, why did you tell Andrews that it was not necessary that Pugh should be a witness?
<hi rend="italic">A.</hi> Because he confirmed Andrews in every particular, and it struck me that he would be committed for fraud—he did not contradict my client at all—he confirmed him—I did not want him as a witness then—it was because he confirmed my client that I did not want him as a witness—the information which I had previously received from Mr. Andrews had led me to advise him that he could not be liable, and the calling of this man could not make him more or less liable—I believed Mr. Andrews—I prepared this, because I could hardly believe that the man could state so much as he had there stated—I took it from the instructions that I received from Mr. Andrews—Mr. Andrews brought Pugh to me—I had this prepared when I sent for him—I did not send for him; Mr. Andrews went for him—an appointment was made for Pugh to come to me, and I had this ready prepared—I had Pugh because I wanted to know whether his evidence would be in any respect contradictory to the evidence of Andrews, because if it was contradictory he would have militated against the case—I did not mean, if it turned out to be contradictory, to inform the other side—I bad reason to believe that Andrews was speaking the truth—I had Pugh for the purpose of knowing whether he confirmed him, or whether he proved anything contrary, because by that means you can judge of a client's case—when I prepared his deposition I intended to call him—I did not call him because I found it would be placing him in jeopardy, and Andrews did not want him—the fraud for which I thought the Chief Baron would commit him, was for</p>
<xptr type="pageFacsimile" doc="185412180013"/>
<p>obtaining these goods under false pretences; going there in the name of Andrews, and representing that he was buying them for Andrews, when Andrews, according to his statement, knew nothing of the transaction—I thought it was very probable the Chief Baron might commit him; that is what I said to him—I let Andrews have the 10
<hi rend="italic">l</hi>. to enable Pugh to go out of town—it was out of kindness to Pugh, to keep him from being committed—that was one object certainly; that was the object—the other was, that I did not want him—I did not pay him the 10
<hi rend="italic">l</hi>.—he went away for his own purposes, not for Andrews's—I sent a cheque, and got it changed—it was for Pugh's benefit, to enable him to go away, because he wished to be away—I did not lend him the 10
<hi rend="italic">l</hi>. to get him out of the way, but to let him go, as he wished to go—I afterwards got him to make an affidavit—if he had spoken the truth then, perhaps the Chief Baron would have committed him then—there was no evidence against him—I did not say I was afraid of his being committed—it was not unkind of me to get him to make an affidavit—the original words that I put in the affidavit were, "I ordered said goods in December, 1853, as before mentioned, in the name of the said George Andrews; I acknowledge that I had no authority to give any such orders in his name"—those were my words—over that is written, "I acknowledge that I had no authority from him specifically"—I believe the word "speci
<lb/>fically" was suggested by Mr. Andrews, and Mr. Pugh adopted it—"specifically" means "particularly;" it is the opposite of "generally"—it would imply that he had a general authority, but not a particular authority for these goods.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> A general authority for tailoring?
<hi rend="italic">A.</hi> For tailoring, not for jewellery.</p>
<p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> But this applies to nothing, but generally?
<hi rend="italic">A.</hi> The whole of it regards jewellery ordered from the tailor—I did not think that that would be rather damaging to the case if he swore that he had a general authority, although he had not any specific authority in those matters—that was not the reason he had the 10
<hi rend="italic">l</hi>. lent him—those words have never occurred to me as being rather a stumbling block—I do not think it affected the merits of the case one way or the other.</p>
<p>
<hi rend="smallCaps">MR. PARRY</hi>.
<hi rend="italic">Q.</hi> Just explain about the 2,000
<hi rend="italic">l</hi>. bond?
<hi rend="italic">A.</hi> When Vice-Chancellor Kindersley was delivering his judgment upon the motion, Mr. Bailey, the counsel for Mr. Andrews, upon my suggestion, proffered a bond for 2,000
<hi rend="italic">l</hi>.—the bond was for Mr. Andrews, and a surety to pay to Pugh any sum that might be awarded to him as due from Mr. Andrews in the Chancery proceedings, if there should be any—I cannot say that that is an ordinary practice under an injunction—after this bill was found, I gave the defendant notice that it had been found—I sent him a written notice by post—he was not apprehended upon a warrant—no warrant was applied for, I never thought of getting one—I gave notice by post, and two or three days after we had notice of bail.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Was the notice directed to the defendant himself, or his attorney?
<hi rend="italic">A.</hi> To the defendant, I think, at his residence—I did not send the notice myself, but I believe it was sent to his own residence, and after that notice had been sent from my office, he gave notice of bail—when I take the statement of a witness, I see the witness after I have taken the instructions from my client.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-43" type="witnessName">
<interp inst="t18541218-name-43" type="gender" value="male"/>
<interp inst="t18541218-name-43" type="surname" value="ANDREWS"/>
<interp inst="t18541218-name-43" type="given" value="GEORGE"/>GEORGE ANDREWS</persName> </hi>. I am a tailor, carrying on business at No. 9, Cork-street, Burlington-gardens. I have carried on that business twenty-one years—Mr. Pugh was introduced to me in 1851—he made an application at</p>
<xptr type="pageFacsimile" doc="185412180014"/>
<p>that time to be taken into my service, that came to nothing—in Aug., 1852, he applied to me again, stating that his circumstances were such that he had a large amount of orders to execute, but had not the means of carrying them on—he was at that time attempting to carry on business for himself as a tailor, in Jermyn-street, but he had orders which he could not execute, he had not capital enough; a broker was in possession of his premises at the time—he made a proposal to bring his orders to me, and I was to grant him a commission—he told me that he had such confidence in me he would rely upon any commission that I choose to allow him—it had originally been stipulated, in the first instance, that the commission should be 5 per cent., but he thought if he trusted to me he would obtain a larger commission—I finally agreed that he should bring his business to me; but I told him I could not tell him on what terms until I knew the nature of the business he would introduce—his duty was that of a traveller for me to obtain orders, to act as my commercial traveller—he was not to give orders for cloth, or anything, without my sanction—I agreed to make him advances as he required it, which I have done—the commission was to be settled afterwards, as it went on—he was not to give orders, even in my own trade, without my authority—I latterly allowed him to receive accounts that were due; and at first I believe I should not have objected to it, because it was understood it would have been a case of embezzlement had he received them, and I never found him guilty of receiving them until lately—he came into my employment in Aug., 1852—he brought some considerable orders at the commencement, but in consequence of the difficulties in his circumstances, he brought very few afterwards, till after his bankruptcy—he commenced his duties in Aug.—in Dec, 1852, he was arrested, and he was made a bankrupt in that month, while he was in my service—he was in prison about three weeks—I occasionally visited him there—he then came back and entered my service, without a certificate—he did not get a certificate until the present year—it was suspended twelve months—he afterwards travelled into the country for me to get orders, and also went about town for that purpose—he occasionally, to my knowledge, ordered cloths and other things required for the trade, from warehousemen—some new accounts were opened with new warehousemen: that I ought to explain—in conse
<lb/>quence of the arrangements not being broken off with respect to accoutre
<lb/>ments and other things, he wished to introduce the hosiery and scarf busi
<lb/>ness as well, which I did not understand—I allowed him to go and obtain certain goods, subject to my approbation—he went on in that way until Sept., 1853, when the first articles were got from Drayson's—I was out of town when the first articles, the 25
<hi rend="italic">l</hi>. worth, were procured—the first time I ever saw the things for the first gentleman, I believe they were in his shirt, or I would have returned them—I spoke to the prisoner on the sub
<lb/>ject, and desired him never to undertake to procure any such things—I could not return them as they had been used—I not only found fault with him for obtaining them, and desired him never to procure such things again, but I even, in his presence, severely scolded the young gentleman who had induced him to get them, which we do not very often do—he was a very young man, but he was of age—I first became acquainted with the fact that jewellery to the amount of 160
<hi rend="italic">l</hi>. had been got from Drayson and Co., exactly ten days after the things had been obtained—I think it was on 29th Dec.—Mr. Burwash called upon me, I had never spoken to him before—Pugh was not present; I afterwards spoke to him upon the subject—I told him Mr. Burwash had represented that he had obtained some valuable diamond rings,</p>
<xptr type="pageFacsimile" doc="185412180015"/>
<p>and I asked him whether he had obtained any such—he said he had—I said, "How could you do so, when you know it is contrary to my express orders? What have you done with them?"—he said, "I have sold them to three young gentlemen, all under age," and one of those I have never seen—he mentioned their names—I said, "How could you obtain them, upon what authority?"—he said, "Oh, a Mr. Osborne introduced me to Mr. Drayson," and this Osborne is an uncertificated bankrupt; he was with Futvoye, as one of his shopmen—I found fault with him about it—I said, "I would rather loose double the amount of the rings than such a transaction should take place in my house," and I made him write a letter to these young gentlemen, desiring them instantly to return the things, and took the letter, with Mr. Pugh, to Mr. Burwash—I could not get them back, because they had disposed of them to young ladies—there was a handsome bracelet got afterwards—I took Pugh with me to Mr. Burwash, and expressed my ex
<lb/>treme astonishment that such a thing should be done without making any application to me—I told them that I should require the things to be returned, and should not ask them permission; I would not recognize the transaction in any way whatever—I had other interviews with them, in the presence of Pugh, and I greatly found fault with Mr. Burwash, and told him that however unjustifiable Mr. Pugh's conduct was, I thought theirs was scarcely better—that was said in Pugh's presence.</p>
<p>
<hi rend="italic">Q.</hi> In all those interviews before they brought the action, did Pugh ever set up that he was your partner?
<hi rend="italic">A.</hi> Never; I told them that I would hold Pugh's commission, whatever it was, responsible for any act done in my house; and I would endeavour to get the transaction cleared without loss, if they would leave it in my hands—I said, no one should do such a trans
<lb/>action in my house without being fully responsible—I told them that I would discharge him on the spot, but that I should not then have the oppor
<lb/>tunity of assisting them in getting them paid—after I received a letter, say
<lb/>ing, that an action was brought, I went to Mr. Teague to consult him, I made a statement to him of the transaction of this jewellery—on 6th June I received a letter which Mr. Teague has; to the best of my knowledge the words were, "Please to attend with Mr. Pugh, your traveller, on the 8th instant"—I showed that letter to Mr. Pugh, and desired him to proceed to Mr. Teague's, and meet me there (I had previously seen Mr. Teague, and given him my statement); Mr. Pugh was there before me—Mr. Teague read over the instructions, the minutes of evidence, I suppose you call them, that were prepared under what I had stated, and Mr. Pugh had them corrected, and the corrections were then and there made by Mr. Teague—Mr. Teague said that he did not think it was necessary for him to attend—I objected to it, and said, I wished the fullest examination in every parti
<lb/>cular; I am not quite certain whether I did not even remark that I would rather lose the trial than there should be anything like concealment—Mr. Teague said he did not think a witness was necessary for me; but from the minutes of evidence that he had read, in his opinion if the evidence were given in the same form, upon the application of the then plaintiff's counsel, that then and there the Judge would order him into custody—Pugh said, "I had better not be there then"—I said, "I can have nothing to do with that; I cannot recognise any absence"—Mr. Teague, I think, then said, "You are not desiring his absence, nor commanding it; but if he is not wanted, if he chooses to stay away, I do not see how you can help it; I do not see what you have to do with it, we do not want him;" or something of that kind—I said I would not be a party to it, and Mr. Teague told me</p>
<xptr type="pageFacsimile" doc="185412180016"/>
<p>that I need have nothing to do with it at all—Pugh said he was to have gone on his journey the day before, and he had better go out of town—he then said that he bad not any money prepared for it—I was always obliged to make him advances before going out of town—I asked Mr. Teague to let him have 10
<hi rend="italic">l</hi>., which he did—I did not see the money given; the trial came on, and there was a verdict for the defendant—the prisoner came to me on the following morning—with reference to this 10
<hi rend="italic">l</hi>., you will find in his book that for his travelling expenses he has charged me but 2
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>.; the book is here, it is in his own handwriting—he charges 2
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. for ten days; he told me he could not charge me the full amount, because it was on his own account that he was absent—after his return he informed me of an interview that he had had with Mr. Drayson or Mr. Burwash—it was after the trial; I cannot say on what day—he told me that he had been sent for to Drayson's, and that Mr. Burwash had said it was clear I was not liable for these things and somebody was, and he wanted to know what arrangement he could make respecting the rings—I said to him, "I think (if I recollect rightly) Mr. Drayson and Mr. Burwash are acting very sillily, because I intended to have seen them harmless in the matter if they had left it to me; but I cannot help you now"—I was not aware that he was going to make an affidavit in opposition to a summons for staying proceedings; I was after
<lb/>wards made acquainted with it—I was not present when he had it read over to him, or when he swore to it—he never complained to me that he was described in the affidavit as a commercial traveller—I think he did afterwards when he told me in Sept. that I had the honour of having a partner; but never before Sept., after he had claimed to be a partner—in July there was an attendance at Mr. Teague's, with reference to the terms of his commission, the first occasion upon which such a subject was mentioned was I think about 10th July—Mr. Pugh wished to have the commission regulated upon a scale according to the profits; Mr. Teague said that could not be the case, or it might be construed into a partnership—he made use of the terms, "Constructive partnership," and therefore he would not recommend it—he recommended a fixed commission, and that we should decide upon what the commission should be fixed—that was the first time I ever heard Mr. Teague even make use of the word partnership in the matter—I told Pugh that he had better get a few sheets of paper, and make out a prime cost book, and he would find that he was very much mistaken in his estimate, for imaginary and real profits were very different things—he wanted 15 per cent., and I told him it was ridiculous—I saw him begin to make some account, but I never saw it—I think it was on the 10th or 11th Sept., that he claimed to be a partner—he said to me, "At the time, when you, in the presence of Mr. Teague, told me that I must go about my business at twenty-four hours notice, I then knew that I must do something"—that was the day Mr. Teague came about his affi
<lb/>davit—I was so displeased' with his conduct about Drayson's concern, that I threatened to discharge him—that was at the latter end of June, it was in Sept. that he told me he knew he must do something, it was in the pre
<lb/>sence of both my foreman Monger, and Perryman—he said that he had been advised that he was my partner—that was the first time I heard that claim set up—I was afterwards obliged to resort to the Court of Chancery, in consequence of his collecting debts—at the interview at Mr. Teague's on 8th June, he did not object to being described as a commercial traveller—he did not say that he was not my commercial traveller—he did not at that interview state that he had made an arrangement with me, as to his not</p>
<xptr type="pageFacsimile" doc="185412180017"/>
<p>being my commercial traveler—Mr. Teague did not say that it was a part
<lb/>nership between me and him, nor did I contradict that, and say it was not a partnership—Mr. Teague did not say to me, "Let me hear your version of the matter"—nor did I say that I was to charge Mr. Pugh 5 per cent, for the use of my capital—Mr. Teague did not stop me, and say again that it was a partnership, and that Mr. Pugh must not stay in town—I did not ask Mr. Teague whether Mr. Pugh could pledge my credit for 200
<hi rend="italic">l</hi>., nor did Mr. Teague answer that he could pledge it for 5,000
<hi rend="italic">l</hi>., or anything to that effect—it is quite fabulous from first to last—I have given a correct account of what did occur, to the best of my ability—I was at Mr. Teague's on 30th June, when Pugh's affidavit was read over to him, and I was pre
<lb/>sent when he swore it at Guildhall.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Then you made a mistake before, when you said you were not?
<hi rend="italic">A.</hi> I was present when he made the affidavit at Guildhall; I thought you meant the very last.</p>
<p>
<hi rend="smallCaps">MR. SHAMBERS</hi>.
<hi rend="italic">Q.</hi> I mean on 30th June, to oppose the summons that was taken out to stay proceedings?
<hi rend="italic">A.</hi> Yes; I heard Mr. Teague read over the affidavit to him—he did not on that occasion object in the least to his being described as my commercial traveller—no arrangement was come to on that occasion, that he should be described simply as a commercial traveller—nothing was said about his being described as a traveller, further than its being read over—that was the day after I had threatened to discharge him.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> There is a little part of this transaction which I think you have omitted; you were very angry indeed about this jewellery having been got from Drayson and Co., and you have exhibited your anger in the becoming way of not paying for it?
<hi rend="italic">A.</hi> I have not paid for it, because I have never seen it—I have had an action brought against me, and it has been decided that I was not liable—I did mean to pay for it; I do not now—I would have paid it at the time when I told them, just before the action, that I would do so, if they would leave it to me, I should have paid them long before this—I have not got one penny or one farthing of the money; I swear that positively; I never would receive it—I have never got one penny on account of that debt—I did not apply for any—I got a dishonoured cheque for 30
<hi rend="italic">l</hi>.—that was on account of the goods—it was drawn by one of the young gentlemen, the one I have never seen—he has been represented as a person to whom the goods were supplied, but I did not even know of the sale—I never sanctioned the sale or the purchase—I have no doubt it is the party—I have doubts that the goods were supplied to him, because I have never seen him—I cannot say for certain whether the transaction was carried out; I have only Mr. Pugh's authority, and I do not believe that much—I have reason to believe that the cheque was the gentleman's handwriting—I have been to the army agent's to ascertain; I went to Cox and Co., and it was refused payment—I did not ask them whether it was a genuine signature; I presented it, and all they said was that they had no funds—I have not their authority to say it was genuine or not—that cheque was put up with some of Pugh's papers—I believe I have got it; I am not quite certain—Pugh took it to a gentleman, a lawyer, to try to get it cashed, and gave it back to me for the purposes of the trial—I cannot tell when it was that he returned it to me—I believe the drawer of the cheque is abroad; I believe he very much misconducted himself—I have never made inquiry after him—I never saw this deposition</p>
<xptr type="pageFacsimile" doc="185412180018"/>
<p>until I saw it at Mr. Teague's office—I did not dictate it to Mr. Teague; I gave him the particulars of the transaction as far as I could, and from that he drew it up for correction when Mr. Pugh went—I gave the par
<lb/>ticulars, as far as I knew; I never undertake to dictate to any lawyer—I believe that statement is consistent with the particulars I gave—it was read over—it was, as nearly as I could recollect, the facts, according to my recollection.</p>
<p>
<hi rend="italic">Q.</hi> When you told Mr. Teague those facts, did he suggest that if they were proved by Mr. Pugh, it would subject him to a charge of obtaining money by false pretences?
<hi rend="italic">A.</hi> That was not until after it was corrected, as far as I can recollect—Mr. Teague had previously told me in conversation that the things had been obtained fraudulently—it was not until after the correction that he told Pugh so—I believe it was after the correction—I cannot say what the correction was—I had not the correcting—I saw Mr. Teague correcting the paper from Mr. Pugh's dictation—I do not know whether it was after the correction, "I had no authority from him specifi
<lb/>cally;" it was not my examination—the country air was not recommended to him; it was proposed by himself—I cannot say whether the country trip was first thought of after the words "from him specifically" were put in—it was first thought of by Mr. Pugh himself; you had better ask him—I particularly wished him to be present as a witness—I did not notice this alteration—I was there to give my particulars as well as Mr. Pugh—we do not listen quite so acutely as to every word; we leave a little to the attorney—I do not recollect hearing the word "specifically" before—if I had taken my own course, I should have given him into custody at first for embezzlement—Mr. Teague said it would not be safe—his attorney had told me that he was insolvent, and as he was collecting debts we could not stop him, and that he perhaps might go on receiving them, and it would be better to get safety than revenge—it was not his own attorney who said that; it was Mr.——; I do not think it was so strong a term as that: I cannot recollect the terms exactly—you may recall them if you like; I do not want to urge them—I do not know that the prisoner dictated to Mr. Teague that words should be put in entirely altering the sense of the sentence—let me see them; I would rather trust my own eyes—(
<hi rend="italic">looking at the paper</hi>)—I give you my word that I never noticed that before, not the word "specifically."—I have not seen this since the time it was first drawn—I heard it read—I cannot tell whether that was after the alteration—I believe it was read, and while being read it was altered—I did not hear it read after the alteration was made—I think it was only read once—he might require certain words to be entered, which might be done without my positively noticing it—these are the words as they originally stood, "I acknowledge I had no authority to give any such orders in his name"—I do not recollect the alteration, "from him specifically," being made—they might have occurred; I certainly did not notice them—I was present when this was read over, but it was not my evidence, and so long as it was con
<lb/>nected merely with reading the affidavit I did not much notice it; but had the word "partnership" been down, I should have been sure to have noticed it, because I was very careful to avoid it—I gave the 10
<hi rend="italic">l</hi>. because it was necessary for him to go out of town—he said so—he wished it, and it was charged against him in his account—it was nothing extraordinary—Mr. Teague did not persuade me to give it him—I believe he said he could not leave town without getting it—I have no doubt he said so—I did not then</p>
<xptr type="pageFacsimile" doc="185412180019"/>
<p>say, "Mr. Teague will lend you the money"—I think I asked Mr. Teague to give him the money—I do not recollect how it occurred, or what the words really were.</p>
<p>
<hi rend="smallCaps">MR. CHAMBERS</hi>.
<hi rend="italic">Q.</hi> Did you ever get a single farthing upon this cheque?
<hi rend="italic">A.</hi> Never—I believe I gave it to Mr. Teague for the action on the rings, and he proposed to me to find out who the clerk was that kept the account to subpoena him on the trial—I am quite sure that no objection was made by the prisoner to his being called a commercial traveller.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-44" type="witnessName">
<interp inst="t18541218-name-44" type="gender" value="male"/>
<interp inst="t18541218-name-44" type="surname" value="MONGER"/>
<interp inst="t18541218-name-44" type="given" value="WILLIAM SAMUEL"/>WILLIAM SAMUEL MONGER</persName> </hi>. I am a foreman, in the employ of Mr. Andrews, and have been there a great many years. I recollect Mr. Pugh being there—he once said to me that he was a partner of Mr. Andrews—that was some time about the middle of last July—it was after the trial had taken place about the jewellery—he came in one day as I was at work, and in conversation he brought up the subject of going into the city, and when he came back he said Mr. Teague
<hi rend="italic">should home said</hi> he was a partner of Mr. Andrews—previous to that, he has told me that when his friends have said to him why did not he have a written agreement to secure himself a partner with Mr. Andrews, he said he did not wish such a thing; that is, such a thing as an agreement, that he considered his situation was better as he was than being a partner—I understood from him that he had a commis
<lb/>sion—I was present when he and Mr. Andrews had a dispute in Sept. about the rings, and Mr. Andrews said that if he would persist in ordering things against his sanction, he must send him about his business—he made answer to that and said, "When I found my situation was not worth a minute's notice, I thought it time to do something for myself"—I do not know the exact answer he made at that time—I do not suppose that was the answer he made then, but that has been the way—he said that, a day or two before he left Mr. Andrews' situation—what he said on that occasion was that if he could not order a few things to carry on the business to suit the customers he did bring, he should not be able to keep his connexion together, or bring customers at all.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> You say he told you something about being a partner; did he not tell you he had been in the city to Mr. Teague's office?
<hi rend="italic">A.</hi> Yes—I do not recollect his telling me that Mr. Teague had said if his account was true it made him a partner—he told me that Mr. Teague had said something about partnership on that occasion—I believe I did not hear Mr. Andrews endeavour to persuade Pugh to go to Mr. Teague's office before he went there—I have not heard Pugh decline to go.</p>
<p>
<hi rend="smallCaps">MR. CHAMBERS</hi>.
<hi rend="italic">Q.</hi> When was it you first heard him mention anything about being a partner?
<hi rend="italic">A.</hi> That was some time after he had been in the city, about the middle of July—after the trial had taken place—he had never mentioned such a thing previously.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Do you mean that it was after the trial took place that he had been in the city, or was referring to what had taken place before?
<hi rend="italic">A.</hi> Afterwards—it was after the trial that he went to Mr. Teague's.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-45" type="witnessName">
<interp inst="t18541218-name-45" type="gender" value="male"/>
<interp inst="t18541218-name-45" type="surname" value="HENDERSON"/>
<interp inst="t18541218-name-45" type="given" value="JOHN"/>JOHN HENDERSON</persName> </hi>. I am in the employ of Welch and Margetson, ware-housemen, of Cheapside. In March, 1853, the prisoner came there and applied to open an account in the name of George Andrews, with whom he said he was engaged as traveller—we requested a reference, and got one to Messrs. Barber, of St. Paul's Church-yard—on two or three other occasions after this he called at the warehouse and ordered goods—he never repre
<lb/>sented that he was anything but the traveller—we sent the things to Mr. Andrews, charging him with them.</p>
<xptr type="pageFacsimile" doc="185412180020"/>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-46" type="witnessName">
<interp inst="t18541218-name-46" type="gender" value="male"/>
<interp inst="t18541218-name-46" type="surname" value="ANDREWS"/>
<interp inst="t18541218-name-46" type="given" value="RICHARD"/>RICHARD ANDREWS</persName> </hi>. I am a silk warehouseman, of Wood-street. Mr. Andrews was a customer of ours—Pugh Las bought things for Mr. Andrews—he opened an account with me Sept. 6, 1852—he had previously been a bankrupt; and he said that he intended to transfer his connexion to Mr. Andrews, and would I trust Mr. Andrews—he did not say how I was to be paid; he only said that he had made a very good arrangement, and if we did business we should be paid—Andrews was not my customer before Mr. Pugh introduced him—Pugh ordered several lots of goods—I did business with him continously—I have had no particular conversations with him at other times as to what position he held under Mr. Andrews—I saw Mr. Andrews subsequently.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Are you quite correct about that, did not you see Mr. Pugh on 8th June in the present year?
<hi rend="italic">A.</hi> Mr. Pugh called on me, but not on the part of Mr. Andrews—I was busy at the time, and he showed me a paper which I paid no attention to, and I recommended him, as the arrangement was so good, to apply to Mr. Andrews—I do not recollect that he referred to a conversation with Mr. Teague or with Mr. Andrews about a partnership.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-47" type="witnessName">
<interp inst="t18541218-name-47" type="gender" value="male"/>
<interp inst="t18541218-name-47" type="surname" value="CARTER"/>
<interp inst="t18541218-name-47" type="given" value="JAMES"/>JAMES CARTER</persName> </hi>. I carry on business in Cheapside, under the name of Carter and Co., silk manufacturers. In Oct., 1852, Mr. Pugh called on us, represented himself as a servant of Mr. Andrews, and said he wished to open an account for Mr. Andrews—we had not known Mr. Andrews before, and we asked for a reference—he referred us to a house, and afterwards came and ordered several lots of goods—he never described himself in any other way than as servant or traveller to Mr. Andrews.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-48" type="witnessName">
<interp inst="t18541218-name-48" type="gender" value="male"/>
<interp inst="t18541218-name-48" type="surname" value="BOUSFIELD"/>
<interp inst="t18541218-name-48" type="given" value="SAMUEL"/>SAMUEL BOUSFIELD</persName> </hi>. I am a linen warehouseman in the City. I know the defendant—he represented himself to me as servant to Mr. Andrews—that was in 1852, I think—I have supplied goods from time to time to Mr. Andrews—I made inquiries with reference to Mr. Andrews, and found him to be respectable.</p>
<p>
<hi rend="smallCaps">
<rs id="t18541218-147-verdict-1" type="verdictDescription">
<interp inst="t18541218-147-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18541218-147-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, December</hi> 19
<hi rend="italic">th</hi>, 1854.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>—Sir
<hi rend="smallCaps">GEORGE CARROLL</hi>, Knt., Ald.; Mr. Ald.
<hi rend="smallCaps">CUBITT</hi>; and Mr.
<hi rend="smallCaps">COMMON SERJEANT</hi>.</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant and the Sixth Jury.</hi> </p>
<div1 type="trialAccount" id="t18541218-148">
<interp inst="t18541218-148" type="uri" value="sessionsPapers/18541218"/>
<interp inst="t18541218-148" type="date" value="18541218"/>
<join result="criminalCharge" id="t18541218-148-charge-1" targOrder="Y" targets="def1-148-18541218 t18541218-148-offence-1 t18541218-148-verdict-1"/>
<p>148.
<persName id="def1-148-18541218" type="defendantName">
<interp inst="def1-148-18541218" type="gender" value="male"/>
<interp inst="def1-148-18541218" type="age" value="46"/>
<interp inst="def1-148-18541218" type="surname" value="WILSON"/>
<interp inst="def1-148-18541218" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE WILSON</hi> </persName>
<rs id="t18541218-148-offence-1" type="offenceDescription">
<interp inst="t18541218-148-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18541218-148-offence-1" type="offenceSubcategory" value="coiningOffences"/>, unlawfully uttering counterfeit coin: to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18541218-148-verdict-1" type="verdictDescription">
<interp inst="t18541218-148-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18541218-148-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 46.—
<hi rend="italic">
<rs id="t18541218-148-punishment-12" type="punishmentDescription">
<interp inst="t18541218-148-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18541218-148-punishment-12" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-148-18541218 t18541218-148-punishment-12"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18541218-149">
<interp inst="t18541218-149" type="uri" value="sessionsPapers/18541218"/>
<interp inst="t18541218-149" type="date" value="18541218"/>
<join result="criminalCharge" id="t18541218-149-charge-1" targOrder="Y" targets="def1-149-18541218 t18541218-149-offence-1 t18541218-149-verdict-1"/>
<p>149.
<persName id="def1-149-18541218" type="defendantName">
<interp inst="def1-149-18541218" type="gender" value="male"/>
<interp inst="def1-149-18541218" type="age" value="24"/>
<interp inst="def1-149-18541218" type="surname" value="HARRIS"/>
<interp inst="def1-149-18541218" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY HARRIS</hi> </persName> was indicted
<rs id="t18541218-149-offence-1" type="offenceDescription">
<interp inst="t18541218-149-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18541218-149-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence: to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18541218-149-verdict-1" type="verdictDescription">
<interp inst="t18541218-149-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18541218-149-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 24.—
<hi rend="italic">He received a good character.—
<rs id="t18541218-149-punishment-13" type="punishmentDescription">
<interp inst="t18541218-149-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18541218-149-punishment-13" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-149-18541218 t18541218-149-punishment-13"/>Confined Four Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18541218-150">
<interp inst="t18541218-150" type="uri" value="sessionsPapers/18541218"/>
<interp inst="t18541218-150" type="date" value="18541218"/>
<join result="criminalCharge" id="t18541218-150-charge-1" targOrder="Y" targets="def1-150-18541218 t18541218-150-offence-1 t18541218-150-verdict-1"/>
<p>150.
<persName id="def1-150-18541218" type="defendantName">
<interp inst="def1-150-18541218" type="gender" value="female"/>
<interp inst="def1-150-18541218" type="age" value="18"/>
<interp inst="def1-150-18541218" type="surname" value="TOWNSEND"/>
<interp inst="def1-150-18541218" type="given" value="JANE"/>
<hi rend="largeCaps">JANE TOWNSEND</hi> </persName> was indicted
<rs id="t18541218-150-offence-1" type="offenceDescription">
<interp inst="t18541218-150-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18541218-150-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence: to which she</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18541218-150-verdict-1" type="verdictDescription">
<interp inst="t18541218-150-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18541218-150-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 18.—
<hi rend="italic">
<rs id="t18541218-150-punishment-14" type="punishmentDescription">
<interp inst="t18541218-150-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18541218-150-punishment-14" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-150-18541218 t18541218-150-punishment-14"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18541218-151">
<interp inst="t18541218-151" type="uri" value="sessionsPapers/18541218"/>
<interp inst="t18541218-151" type="date" value="18541218"/>
<join result="criminalCharge" id="t18541218-151-charge-1" targOrder="Y" targets="def1-151-18541218 t18541218-151-offence-1 t18541218-151-verdict-1"/>
<p>151.
<persName id="def1-151-18541218" type="defendantName">
<interp inst="def1-151-18541218" type="gender" value="female"/>
<interp inst="def1-151-18541218" type="age" value="22"/>
<interp inst="def1-151-18541218" type="surname" value="DOYLE"/>
<interp inst="def1-151-18541218" type="given" value="BRIDGET"/>
<hi rend="largeCaps">BRIDGET DOYLE</hi> </persName> was indicted
<rs id="t18541218-151-offence-1" type="offenceDescription">
<interp inst="t18541218-151-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18541218-151-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">POLAND</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-53" type="witnessName">
<interp inst="t18541218-name-53" type="gender" value="male"/>
<interp inst="t18541218-name-53" type="surname" value="JOHNSON"/>
<interp inst="t18541218-name-53" type="given" value="CHARLES INNIS"/>CHARLES INNIS JOHNSON</persName> </hi>. I keep a fancy stationer's shop, in Kingsland-place. On Tuesday, 5th Dec, about half past 10 o'clock in the morning, I was in the shop—the prisoner came in and asked for six skeins of wool; I</p>
<xptr type="pageFacsimile" doc="185412180021"/>
<p>served her, they came to 2
<hi rend="italic">d</hi>., she gave me a half crown; I looked at it, and gave her change—I put the half crown in my money bowl, which was in my desk—I put it on the top of the bowl—it was a small wooden bowl—in a few minutes I went to the bowl again to see if the half crown was good—I found it on the top of the other money, just as I had put it—I examined it, put it in a crack of the counter, and broke a piece out of it—I kept the two pieces in my hand, and looked over my other money; I found but one more half crown in my bowl, and that was bad too—I broke that more" in half than the other—I put the four pieces together in a piece of paper in my desk—my assistant gave them afterwards to the officer—these are the two pieces of the first half crown, and these of the one I broke afterwards—no one serves in my shop but me and Mrs. Pappineau.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-54" type="witnessName">
<interp inst="t18541218-name-54" type="gender" value="female"/>
<interp inst="t18541218-name-54" type="surname" value="PAPPINEAU"/>
<interp inst="t18541218-name-54" type="given" value="ELIZABETH"/>ELIZABETH PAPPINEAU</persName> </hi>. I and my husband live in Mr. Johnson's house, and I assist in his shop. On 7th Dec. the prisoner came to the shop, about 11 o'clock in the forenoon, for half an ounce of Berlin wool—I served her; it came to 4
<hi rend="italic">d</hi>.—she gave me a half crown.—I was watching her, and I noticed that the half crown was bad—I cut the edge of it with a penknife—I told her it was bad, and asked where she got it—she said she took it of a young woman, and she did not know where she lived, and if I would let her go she would not come again—I sent for a policeman, and gave him the half crown I took, and the two that were broken in the desk, which Mr. Johnson had taken.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-55" type="witnessName">
<interp inst="t18541218-name-55" type="gender" value="male"/>
<interp inst="t18541218-name-55" type="surname" value="CRISP"/>
<interp inst="t18541218-name-55" type="given" value="SAMUEL"/>SAMUEL CRISP</persName> </hi> (
<hi rend="italic">policeman, N</hi> 226). I took the prisoner—I produce this half crown, and these pieces of half crowns, which I received from Mrs. Pappineau.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-56" type="witnessName">
<interp inst="t18541218-name-56" type="gender" value="male"/>
<interp inst="t18541218-name-56" type="surname" value="WEBSTER"/>
<interp inst="t18541218-name-56" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. I am inspector of coin to the Royal Mint. This half crown and these two broken half crowns are all counterfeit.</p>
<p>
<hi rend="italic">Prisoner.</hi> I went in the shop on the Tuesday; I gave the woman a half crown; she went round the counter, and said, "This is a bad one;" I did not know it was bad; she sent for a policeman, and said she had some more money, and gave him that too.</p>
<p>
<hi rend="smallCaps">
<rs id="t18541218-151-verdict-1" type="verdictDescription">
<interp inst="t18541218-151-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18541218-151-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 22.—
<hi rend="italic">
<rs id="t18541218-151-punishment-15" type="punishmentDescription">
<interp inst="t18541218-151-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18541218-151-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-151-18541218 t18541218-151-punishment-15"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18541218-152">
<interp inst="t18541218-152" type="uri" value="sessionsPapers/18541218"/>
<interp inst="t18541218-152" type="date" value="18541218"/>
<join result="criminalCharge" id="t18541218-152-charge-1" targOrder="Y" targets="def1-152-18541218 t18541218-152-offence-1 t18541218-152-verdict-1"/>
<p>152.
<persName id="def1-152-18541218" type="defendantName">
<interp inst="def1-152-18541218" type="gender" value="male"/>
<interp inst="def1-152-18541218" type="age" value="53"/>
<interp inst="def1-152-18541218" type="surname" value="RYAN"/>
<interp inst="def1-152-18541218" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN RYAN</hi> </persName> was indicted
<rs id="t18541218-152-offence-1" type="offenceDescription">
<interp inst="t18541218-152-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18541218-152-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">POLAND</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-58" type="witnessName">
<interp inst="t18541218-name-58" type="gender" value="female"/>
<interp inst="t18541218-name-58" type="surname" value="POTTER"/>
<interp inst="t18541218-name-58" type="given" value="ELIZABETH JANE"/>ELIZABETH JANE POTTER</persName> </hi>. My husband keeps the King's Arms, near Clare-market. On 9th Dec the prisoner came, About half past 10 or 11 o'clock; he called for a pint of porter—he paid me with a good shilling; I gave him change, a sixpence, and fourpence in copper—he then asked for a pennyworth of gin, and gave me another shilling—I gave him change, a sixpence, a fourpenny piece, and a penny—I put the shilling into the till—the prisoner sat on a seat close by the bar, and in five minutes he called for a pennyworth of tobacco—he gave me another shilling—I looked at it, and it was bad—I then took the other one out of the till; it was bad—my daughter had taken the first shilling; it was not put into the till.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-59" type="witnessName">
<interp inst="t18541218-name-59" type="gender" value="male"/>
<interp inst="t18541218-name-59" type="surname" value="GOFF"/>
<interp inst="t18541218-name-59" type="given" value="JOSEPH"/>JOSEPH GOFF</persName> </hi> (
<hi rend="italic">police-sergeant, F</hi> 41). The prisoner was given into my custody at the King's Arms, on 9th Dec.—Mr. Potter gave me these two shillings in his wife's presence—I took the prisoner to the station—I found on him four sixpences, a fourpenny piece, and 1
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>. in copper, all good.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-60" type="witnessName">
<interp inst="t18541218-name-60" type="gender" value="male"/>
<interp inst="t18541218-name-60" type="surname" value="WEBSTER"/>
<interp inst="t18541218-name-60" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are bad, and from one mould.</p>
<p>
<hi rend="italic">Prisoner.</hi> I am a working man; I never was in prison in my life; how I received them I am sure I do not know, but I suppose in my wages; I am a stranger here.</p>
<p>
<hi rend="smallCaps">
<rs id="t18541218-152-verdict-1" type="verdictDescription">
<interp inst="t18541218-152-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18541218-152-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 53.—
<hi rend="italic">
<rs id="t18541218-152-punishment-16" type="punishmentDescription">
<interp inst="t18541218-152-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18541218-152-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-152-18541218 t18541218-152-punishment-16"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18541218-153">
<interp inst="t18541218-153" type="uri" value="sessionsPapers/18541218"/>
<interp inst="t18541218-153" type="date" value="18541218"/>
<join result="criminalCharge" id="t18541218-153-charge-1" targOrder="Y" targets="def1-153-18541218 t18541218-153-offence-1 t18541218-153-verdict-1"/>
<join result="criminalCharge" id="t18541218-153-charge-2" targOrder="Y" targets="def2-153-18541218 t18541218-153-offence-1 t18541218-153-verdict-1"/>
<join result="criminalCharge" id="t18541218-153-charge-3" targOrder="Y" targets="def3-153-18541218 t18541218-153-offence-1 t18541218-153-verdict-1"/>
<xptr type="pageFacsimile" doc="185412180022"/>
<p>153.
<hi rend="largeCaps">
<persName id="def1-153-18541218" type="defendantName">
<interp inst="def1-153-18541218" type="gender" value="male"/>
<interp inst="def1-153-18541218" type="age" value="59"/>
<interp inst="def1-153-18541218" type="surname" value="PERRIN"/>
<interp inst="def1-153-18541218" type="given" value="WILLIAM"/>WILLIAM PERRIN</persName>,
<persName id="def2-153-18541218" type="defendantName">
<interp inst="def2-153-18541218" type="gender" value="female"/>
<interp inst="def2-153-18541218" type="age" value="30"/>
<interp inst="def2-153-18541218" type="surname" value="BRYAN"/>
<interp inst="def2-153-18541218" type="given" value="HANNAH"/> HANNAH BRYAN</persName> </hi>, and
<persName id="def3-153-18541218" type="defendantName">
<interp inst="def3-153-18541218" type="gender" value="female"/>
<interp inst="def3-153-18541218" type="age" value="40"/>
<interp inst="def3-153-18541218" type="surname" value="REGAN"/>
<interp inst="def3-153-18541218" type="given" value="HANNAH"/>
<hi rend="largeCaps">HANNAH REGAN</hi> </persName> were indicted for
<rs id="t18541218-153-offence-1" type="offenceDescription">
<interp inst="t18541218-153-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18541218-153-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">POLAND</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-64" type="witnessName">
<interp inst="t18541218-name-64" type="gender" value="female"/>
<interp inst="t18541218-name-64" type="surname" value="WELLS"/>
<interp inst="t18541218-name-64" type="given" value="ELIZA"/>ELIZA WELLS</persName> </hi>. I am barmaid at the Spotted Dog, in the Strand On Tuesday, 5th Dec, I was serving there—about half past 5 o'clock in the afternoon, Perrin and Bryan came in—Perrin asked for half a quartern of gin, and Bryan paid for it with a shilling—I put it into the till—there was no other shilling there—they then both left together—in scarcely a minute Regan came in—I served her with half a quartern of gin—she paid me a shilling—I saw it was bad, and broke it in two—I said to her, "You have given me a bad shilling, and you know it"—she said, "No, I did not"—I looked in the till for the other shilling, examined it, and found that was bad also—I made a communication to Mr. Wilson, and he went to the door, and found Perrin and Bryan waiting outside—he pushed them in, and closed the door on them all three—when Perrin was inside, he said, "Here is a good shilling for you; that is all you want"—we sent for an officer, and gave the three prisoners into custody—Mr. Wilson gave the shillings to the constable.</p>
<p>
<hi rend="italic">Perrin. Q.</hi> Did I not throw down a shilling for a pint of beer and a screw of tobacco?
<hi rend="italic">A.</hi> No.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-65" type="witnessName">
<interp inst="t18541218-name-65" type="gender" value="male"/>
<interp inst="t18541218-name-65" type="surname" value="WILSON"/>
<interp inst="t18541218-name-65" type="given" value="THOMAS"/>THOMAS WILSON</persName> </hi>. I keep the Spotted Dog, in the Strand. I was in front of the bar when Regan came in—I saw her tender a shilling to the last witness—I was inside the bar when that shilling was broken—I took a pair of pliers and cut it in two—the last witness took a shilling out of the till—that was bad—that was the shilling she had first taken—I broke that and cut it—I took possession of those bad pieces, and gave them to the constable at the station house the same evening—after finding the second shilling was bad, I went to the door, and found Perrin and Bryan standing by the lamp post, laughing—they were about ten yards from my door—I took Perrin by the collar, and brought him and Bryan back into my house—Regan ran away, but I ran and brought her back—I kept them all till the officer came, and gave them into custody.</p>
<p>
<hi rend="italic">Regan.</hi> I did not run away; I went by myself; I did not go with these people; I know nothing of them.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-66" type="witnessName">
<interp inst="t18541218-name-66" type="gender" value="male"/>
<interp inst="t18541218-name-66" type="surname" value="FIRMAN"/>
<interp inst="t18541218-name-66" type="given" value="WILLIAM EDWARD"/>WILLIAM EDWARD FIRMAN</persName> </hi> (
<hi rend="italic">police-sergeant, F</hi> 1). The three prisoners were given into my custody at the Spotted Dog—I received these shillings—I found on Perrin 4
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. in good silver, and 8
<hi rend="italic">d</hi>. in copper, and on Bryan 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. in silver, good.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-67" type="witnessName">
<interp inst="t18541218-name-67" type="gender" value="male"/>
<interp inst="t18541218-name-67" type="surname" value="HOLMES"/>
<interp inst="t18541218-name-67" type="given" value="WALTER"/>WALTER HOLMES</persName> </hi> (
<hi rend="italic">policeman, F</hi> 50). I was on duty in the afternoon of 5th Dec.—I met the three prisoners in Clare-street, Clare Market—I fol
<lb/>lowed them towards Lincoln's Inn-fields—they were all three together in conversation, and as if in a great hurry, as though they had done something, and they were looking round—I left them and went round my beat—I afterwards met them all three in Great Queen-street, coming from Lincoln's Inn-fields towards Drury-lane—the first time I met them it was a little before 3 o'clock, and the second time was nearly half an hour afterwards—I followed them into Long Acre—they stopped, and had some conversation, and Perrin went into a public house—he came out, and the two women went in—they then joined, and went on to another public house, and stopped there so long that I did not stop for them—I am quite confident the pri
<lb/>soners are the persons.</p>
<p>
<hi rend="italic">Perrin. Q.</hi> Did not you say that you saw us in Long Acre, and did not you go into a public house?
<hi rend="italic">A.</hi> I went into a public house, and the land-lady</p>
<xptr type="pageFacsimile" doc="185412180023"/>
<p>said you gave a 4
<hi rend="italic">d</hi>. piece—she said you would not try it on with her, but if any one else had been there you would.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-68" type="witnessName">
<interp inst="t18541218-name-68" type="gender" value="male"/>
<interp inst="t18541218-name-68" type="surname" value="WEBSTER"/>
<interp inst="t18541218-name-68" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These shillings are bad, and from the same mould.</p>
<p>
<hi rend="italic">Perrin's Defence.</hi> This day fortnight I went to Brentford to get work; I was there till 10 o'clock; I came up to Hammersmith; I met some mates, and went and had some beer; I left them and came to Knightsbridge; it rained very heavy; I went into a public house to get a pint of beer; there were some Life Guards there; a gentleman gave me a glass of ale, and I stopped till near half past 4 o'clock; I came up and met Bryan, and we went in and had half a quartern of gin; I stood there and drank it; I never was in Lincoln's Inn-fields or Long Acre, I don't think, for three weeks before; I was standing talking with Bryan, and the master of the house came out and said, "I want you inside," and pushed us both in; I had been standing talking for ten minutes; if I had known the money was bad I could have been two miles from the place; I never saw Regan before; I wag never at Long Acre; it is the biggest lie that ever was tittered; I am as innocent as baby of it.</p>
<p>
<hi rend="italic">Bryan's Defence.</hi> I asked this man to nave a drop of gin; I was stand
<lb/>ing outside talking to him, and the man fetched us in; I never saw this woman before.</p>
<p>
<hi rend="italic">Regan's Defence.</hi> I went to have a drop of gin, and gave the shilling; I know nothing of these people at all; I was going my way home.</p>
<p>
<hi rend="largeCaps">PERRIN</hi>
<hi rend="smallCaps">
<rs id="t18541218-153-verdict-1" type="verdictDescription">
<interp inst="t18541218-153-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18541218-153-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 59.—
<hi rend="italic">
<rs id="t18541218-153-punishment-17" type="punishmentDescription">
<interp inst="t18541218-153-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18541218-153-punishment-17" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-153-18541218 t18541218-153-punishment-17"/>Confined Two Years</rs>.</hi> </p>
<p>
<hi rend="largeCaps">BRYAN</hi>
<hi rend="smallCaps">
<rs id="t18541218-153-verdict-1" type="verdictDescription">
<interp inst="t18541218-153-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18541218-153-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 30.—
<hi rend="italic">
<rs id="t18541218-153-punishment-18" type="punishmentDescription">
<interp inst="t18541218-153-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18541218-153-punishment-18" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-153-18541218 t18541218-153-punishment-18"/>Confined Twelve Months</rs>.</hi> </p>
<p>
<hi rend="largeCaps">REGAN</hi>
<hi rend="smallCaps">
<rs id="t18541218-153-verdict-1" type="verdictDescription">
<interp inst="t18541218-153-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18541218-153-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 44.—
<hi rend="italic">
<rs id="t18541218-153-punishment-19" type="punishmentDescription">
<interp inst="t18541218-153-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18541218-153-punishment-19" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-153-18541218 t18541218-153-punishment-19"/>Confined Twelve Months</rs>.</hi> </p>
<p>(
<hi rend="italic">It was stated that Perrin had been in custody, for like offences, eighteen times, and that Bryan had also been in custody</hi>).</p> </div1>
<div1 type="trialAccount" id="t18541218-154">
<interp inst="t18541218-154" type="uri" value="sessionsPapers/18541218"/>
<interp inst="t18541218-154" type="date" value="18541218"/>
<join result="criminalCharge" id="t18541218-154-charge-1" targOrder="Y" targets="def1-154-18541218 t18541218-154-offence-1 t18541218-154-verdict-1"/>
<p>154.
<persName id="def1-154-18541218" type="defendantName">
<interp inst="def1-154-18541218" type="gender" value="male"/>
<interp inst="def1-154-18541218" type="age" value="27"/>
<interp inst="def1-154-18541218" type="surname" value="M'CLARE"/>
<interp inst="def1-154-18541218" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN M'CLARE</hi> </persName> was indicted
<rs id="t18541218-154-offence-1" type="offenceDescription">
<interp inst="t18541218-154-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18541218-154-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. BODKIN</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">POLAND</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-70" type="witnessName">
<interp inst="t18541218-name-70" type="gender" value="male"/>
<interp inst="t18541218-name-70" type="surname" value="CROFTS"/>
<interp inst="t18541218-name-70" type="given" value="ENOS"/>ENOS CROFTS</persName> </hi>. I am a baker, at Grosvenor-street West, Pimlico. In the evening of 1st Dec., the prisoner came in about 7 o'clock—he asked for a half quartern notched brick—I had not one—he had another loaf and paid me half a crown—I gave him change, and he left—as he was leaving, I noticed the half crown; it was a good one—I put it in the till—there was no other half crown there, only two or three sixpences—in about five minutes a female came in, and asked for some sweet stuff; I went round to serve her, and the prisoner came back and said the loaf would not do—e brought it back, put it on the counter, and gave me the 2
<hi rend="italic">s</hi>. 1 1/4
<hi rend="italic">d</hi>. which I ad given him, and I gave his half crown back; I had but that one—the woman then said she would not have the sweet stuff, she would have some biscuits—the prisoner then said, if he took a cottage loaf would I change it if it would not do—I said, "Yes"—he took a cottage loaf, and gave me a half crown, and I gave him the 2
<hi rend="italic">s</hi>. 1 1/4
<hi rend="italic">d</hi>. back—I tried the half crown, and found it was bad—I am positive it was not the half crown which I had given him—he was going out, and I ran round the counter to try to stop him—he got out before I got round, and the female who was in the shop shut the door after him—that I prevented my following him—I opened the door and he was gone; I saw through the window that he ran through the
<hi rend="italic">cab</hi> rank, and then I lost sight of him—he had taken my two good shillings and the loaf, and the good halt crown, and left me the bad half crown—the woman had 6
<hi rend="italic">d</hi>. worth of biscuits, and went away; I do not know what became of her—I kept the half crown in my pocket till the next day, and</p>
<xptr type="pageFacsimile" doc="185412180024"/>
<p>gave it to the officer—about 4 o'clock on the next day, the prisoner came again; I recognised him—he said the loaf he had had the day before had done very nicely—I said it was more than the half crown had done for me—I ran round the counter—he ran away as fast as he could out of the shop—while he was in the shop I had noticed that he had in his hand some halfpence, and a 5
<hi rend="italic">s</hi>. piece between them—I pursued him, and he was stopped in Eaton-street, Pimlico—I had seen him pass the end of a coal wagon in the middle of Eaton-street—a man named Bishop, a
<hi rend="italic">cabman</hi>, took a 5
<hi rend="italic">s</hi>. piece out of the wagon; he gave it to me, I put it in my pocket with the half crown, and gave them both to the constable.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Did not I tell you, if that was a bad half-crown to give it me back, and I would take it to the person I got it from?
<hi rend="italic">A.</hi> Yes; but I was too wide awake to do that—you did not say you would go and fetch somebody.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-71" type="witnessName">
<interp inst="t18541218-name-71" type="gender" value="male"/>
<interp inst="t18541218-name-71" type="surname" value="BISHOP"/>
<interp inst="t18541218-name-71" type="given" value="WILLIAM"/>WILLIAM BISHOP</persName> </hi>. I am a
<hi rend="italic">cab</hi> proprietor. I was in Grosvenor-street on 2nd Dec, about a quarter before 4 o'clock; I saw the prisoner running, and Mr. Croft following him—I ran after him, and called, "Stop him!"—he passed by the tail of a coal wagon, in Eaton-street, and I distinctly saw him throw a 5
<hi rend="italic">s</hi>. piece into the wagon—he was stopped by a young man, I think his name is Goodyear, at the corner of Ranelagh-street, and given into custody—the crown piece was taken out of the wagon—I saw it thrown in, and I saw it taken out and given to Mr. Croft.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-72" type="witnessName">
<interp inst="t18541218-name-72" type="gender" value="male"/>
<interp inst="t18541218-name-72" type="surname" value="MORSELAN"/>
<interp inst="t18541218-name-72" type="given" value="EDWIN"/>EDWIN MORSELAN</persName> </hi> (
<hi rend="italic">policeman, B</hi> 103). The prisoner was given into my custody in Chester-square—I produce this crown and half crown which I received from Mr. Croft at the station—I found some copper money on the prisoner.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-73" type="witnessName">
<interp inst="t18541218-name-73" type="gender" value="male"/>
<interp inst="t18541218-name-73" type="surname" value="WEBSTER"/>
<interp inst="t18541218-name-73" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are both bad.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> A man sent me with this half crown to get a half quartern loaf; he got the loaf, and 2
<hi rend="italic">s</hi>. 1 1/4
<hi rend="italic">d</hi>.; he gave me a penny, and a glass of gin; the next day he sent me to get a loaf, and gave me a crown; I went in, and Mr. Croft said the half crown was bad; I said I would go and fetch the man; I was going, and was stopped.</p>
<p>
<hi rend="smallCaps">
<rs id="t18541218-154-verdict-1" type="verdictDescription">
<interp inst="t18541218-154-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18541218-154-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 27.—
<hi rend="italic">
<rs id="t18541218-154-punishment-20" type="punishmentDescription">
<interp inst="t18541218-154-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18541218-154-punishment-20" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-154-18541218 t18541218-154-punishment-20"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18541218-155">
<interp inst="t18541218-155" type="uri" value="sessionsPapers/18541218"/>
<interp inst="t18541218-155" type="date" value="18541218"/>
<join result="criminalCharge" id="t18541218-155-charge-1" targOrder="Y" targets="def1-155-18541218 t18541218-155-offence-1 t18541218-155-verdict-1"/>
<p>155.
<persName id="def1-155-18541218" type="defendantName">
<interp inst="def1-155-18541218" type="gender" value="male"/>
<interp inst="def1-155-18541218" type="age" value="28"/>
<interp inst="def1-155-18541218" type="surname" value="FOSTER"/>
<interp inst="def1-155-18541218" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES FOSTER</hi> </persName> was indicted
<rs id="t18541218-155-offence-1" type="offenceDescription">
<interp inst="t18541218-155-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18541218-155-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. BODKIN</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">POLAND</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-75" type="witnessName">
<interp inst="t18541218-name-75" type="gender" value="male"/>
<interp inst="t18541218-name-75" type="surname" value="WALTERS"/>
<interp inst="t18541218-name-75" type="given" value="THOMAS"/>THOMAS WALTERS</persName> </hi>. I am foreman to Mr. Game, who keeps a public house in King William-street. On 25th Nov. the prisoner came, and asked for half a quartern of gin; I served him—he gave me a bad shilling—I bent it, gave it him back, and said it was bad—he said I was a b——liar; and he threw down another shilling, and said, "Take it out of that"—I tried that, and broke it in halves—I went round the counter to stop the prisoner, but he got outside—a policeman was just at hand, and I gave him in charge—I gave the second shilling to the policeman.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-76" type="witnessName">
<interp inst="t18541218-name-76" type="gender" value="male"/>
<interp inst="t18541218-name-76" type="surname" value="CUSHION"/>
<interp inst="t18541218-name-76" type="given" value="JAMES"/>JAMES CUSHION</persName> </hi>. I was in Mr. Game's house that day—I saw the pri
<lb/>soner; he came and stood on the right side of me—I saw him put down a shilling—Mr. Walters said that it was bad—the prisoner
<hi rend="italic">chucked</hi> down another shilling—Mr. Walters broke that into two halves, and sent me for a policeman—I went, and when I came back the prisoner was about twenty yards out at the door; he was given into custody—I followed him to the station; he threatened me very much.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-77" type="witnessName">
<interp inst="t18541218-name-77" type="gender" value="male"/>
<interp inst="t18541218-name-77" type="surname" value="MONGER"/>
<interp inst="t18541218-name-77" type="given" value="ANTHONY WILSON"/>ANTHONY WILSON MONGER</persName> </hi> (
<hi rend="italic">City policeman</hi>, 564). I was in King William-street on Saturday, 25th Nov.—I was called by the last witness, and Mr. Walters</p>
<xptr type="pageFacsimile" doc="185412180025"/>
<p>gave the primmer in charge—I searched him at the station, and found on him two bad shillings (one of them was bent), a good shilling, six sixpences, three fourpenny pieces, and is. 6 1/4
<hi rend="italic">d</hi>. in coppers, all good—I pro
<lb/>duce part of a broken shilling which 1 received from Mr. Walters—the prisoner was very violent—he gave his address, No. 3, Laxton-street, Long-lane, Bermondsey; I went there, bat heard no tidings of him.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-78" type="witnessName">
<interp inst="t18541218-name-78" type="gender" value="male"/>
<interp inst="t18541218-name-78" type="surname" value="WEBSTER"/>
<interp inst="t18541218-name-78" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are all bad; one of those found on the pri
<lb/>soner is from the same mould as one that was uttered.</p>
<p>
<hi rend="italic">Prisoner.</hi> I work very hard for my living; I had half a sovereign on Friday night; I changed it somewhere, I cannot tell where exactly; I went to have half a quartern of gin; I did not know the money was bad.</p>
<p>
<hi rend="smallCaps">
<rs id="t18541218-155-verdict-1" type="verdictDescription">
<interp inst="t18541218-155-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18541218-155-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 28.—
<hi rend="italic">
<rs id="t18541218-155-punishment-21" type="punishmentDescription">
<interp inst="t18541218-155-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18541218-155-punishment-21" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-155-18541218 t18541218-155-punishment-21"/>Confined One Year</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18541218-156">
<interp inst="t18541218-156" type="uri" value="sessionsPapers/18541218"/>
<interp inst="t18541218-156" type="date" value="18541218"/>
<join result="criminalCharge" id="t18541218-156-charge-1" targOrder="Y" targets="def1-156-18541218 t18541218-156-offence-1 t18541218-156-verdict-1"/>
<p>156.
<persName id="def1-156-18541218" type="defendantName">
<interp inst="def1-156-18541218" type="gender" value="male"/>
<interp inst="def1-156-18541218" type="age" value="40"/>
<interp inst="def1-156-18541218" type="surname" value="DELCROIX"/>
<interp inst="def1-156-18541218" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES DELCROIX</hi> </persName> was indicted
<rs id="t18541218-156-offence-1" type="offenceDescription">
<interp inst="t18541218-156-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18541218-156-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">POLAND</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-80" type="witnessName">
<interp inst="t18541218-name-80" type="gender" value="male"/>
<interp inst="t18541218-name-80" type="surname" value="PICKERING"/>
<interp inst="t18541218-name-80" type="given" value="JOHN"/>JOHN PICKERING</persName> </hi>. I am apprentice to Mr. Teed, a grocer, in Bishopsgate. On 9th Dec. I was in the shop—about half past 10 o'clock at night, the prisoner came in, and I served him with half an ounce of tea and a quarter of a pound of sugar—he gave me a shilling to pay for it—it was bad—I went from behind the counter, and called in the warehouseman to take care of the shop while I went out for an officer, leaving the prisoner in the shop—I found an officer about half a dozen doors off—I overtook the prisoner, and gave him in charge—he did not go quietly to the station—there was a scuffle, and I saw a bad sixpence drop from his hand—I am quite sure I saw it drop—I took it up, and when we got to the station I marked it and gave it to the officer on the Monday, at the Mansion House—I gave him the shilling I had received from the prisoner.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-81" type="witnessName">
<interp inst="t18541218-name-81" type="gender" value="male"/>
<interp inst="t18541218-name-81" type="surname" value="BOWLES"/>
<interp inst="t18541218-name-81" type="given" value="GEORGE"/>GEORGE BOWLES</persName> </hi> (
<hi rend="italic">City policeman</hi>, 751). I was on duty on 9th Dec. in Bishopsgate-street—the last witness called me, and pointed out the prisoner as having passed a bad shilling—I took hold of the prisoner's right arm, and when I got him out of the shop he asked me if I understood a Lancashire kick—a scuffle ensued, he gave me a kick, and a sixpence dropped on the pavement—just after I recovered from the kick two men came up, and said, "What is
<hi rend="italic">up?</hi> What is your
<hi rend="italic">game?"</hi> and nearly knocked me backwards—I saw the prisoner pass between those two men, and the man on the left side took something from him—the men went away, and I got the prisoner to the station—this is the shilling and sixpence.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-82" type="witnessName">
<interp inst="t18541218-name-82" type="gender" value="male"/>
<interp inst="t18541218-name-82" type="surname" value="WEBSTER"/>
<interp inst="t18541218-name-82" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are both counterfeit.</p>
<p>
<hi rend="italic">Prisoner.</hi> I had the shilling, and thought it was good; as to the sixpence, I know nothing about it.</p>
<p>
<hi rend="smallCaps">
<rs id="t18541218-156-verdict-1" type="verdictDescription">
<interp inst="t18541218-156-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18541218-156-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 40.—
<hi rend="italic">
<rs id="t18541218-156-punishment-22" type="punishmentDescription">
<interp inst="t18541218-156-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18541218-156-punishment-22" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-156-18541218 t18541218-156-punishment-22"/>Confined One Year</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18541218-157">
<interp inst="t18541218-157" type="uri" value="sessionsPapers/18541218"/>
<interp inst="t18541218-157" type="date" value="18541218"/>
<join result="criminalCharge" id="t18541218-157-charge-1" targOrder="Y" targets="def1-157-18541218 t18541218-157-offence-1 t18541218-157-verdict-1"/>
<p>157.
<persName id="def1-157-18541218" type="defendantName">
<interp inst="def1-157-18541218" type="gender" value="male"/>
<interp inst="def1-157-18541218" type="surname" value="COLE"/>
<interp inst="def1-157-18541218" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES COLE</hi> </persName>
<rs id="t18541218-157-offence-1" type="offenceDescription">
<interp inst="t18541218-157-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18541218-157-offence-1" type="offenceSubcategory" value="coiningOffences"/>, unlawfully having counterfeit coin in his possession.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. ELLIS</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">POLAND</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-84" type="witnessName">
<interp inst="t18541218-name-84" type="gender" value="male"/>
<interp inst="t18541218-name-84" type="surname" value="BRANNAN"/>
<interp inst="t18541218-name-84" type="given" value="JAMES"/>JAMES BRANNAN</persName> </hi> (
<hi rend="italic">police inspector</hi>). On 23rd Nov. I went to a house, No. 6, Winchester-terrace, Agar Town, about 10 o'clock in the forenoon—I knocked at the street door—it was opened by a female—I went in and opened the parlour door on the ground floor—I there found the prisoner in bed with a female, whom I believe to be his wife—I said, "Mr. Cole, I suppose you know me; I belong to the police; I want you on suspicion of a burglary"—he said, "I forget you, Sir; you know I don't do anything now"—I went to the mantel piece, and took possession of this scent, bottle and pepper castor (
<hi rend="italic">produced</hi>)—I placed them on a table, and pulled the</p>
<xptr type="pageFacsimile" doc="185412180026"/>
<p>drawer of that table out—I found in it a parcel containing eight keys, one a double key, some skeleton keys, and some with composition adhering to them—I found a file, a chisel, and a screwdriver—I showed them to the prisoner, and he said he picked them up—I found a second parcel, containing four half crowns, wrapped in papers separately—I showed them to the prisoner, and said, "Are you alluding to these?"—that was in answer to his saying he picked them up, and he said, "Yes"—I told him to dress himself—he was in the act of doing so, and I searched his trowsers pocket, and found in it one counterfeit shilling—I showed it him, and he said, "I can account for that; I got it at a shop in Tottenham-court-road"—I said, "If you will tell me the shop I will inquire"—he made no answer—I took him into custody.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-85" type="witnessName">
<interp inst="t18541218-name-85" type="gender" value="male"/>
<interp inst="t18541218-name-85" type="surname" value="EVANS"/>
<interp inst="t18541218-name-85" type="given" value="THOMAS"/>THOMAS EVANS</persName> </hi> (
<hi rend="italic">policeman, G</hi> 145). I went with the last witness—I found on the table five counterfeit shillings wrapped separately in paper.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-86" type="witnessName">
<interp inst="t18541218-name-86" type="gender" value="male"/>
<interp inst="t18541218-name-86" type="surname" value="WEBSTER"/>
<interp inst="t18541218-name-86" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These half crowns are all bad, and from one mould—these six shillings are all bad; three are from one mould, two from another, and one from another.</p>
<p>
<hi rend="smallCaps">
<rs id="t18541218-157-verdict-1" type="verdictDescription">
<interp inst="t18541218-157-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18541218-157-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18541218-158">
<interp inst="t18541218-158" type="uri" value="sessionsPapers/18541218"/>
<interp inst="t18541218-158" type="date" value="18541218"/>
<join result="criminalCharge" id="t18541218-158-charge-1" targOrder="Y" targets="def1-158-18541218 t18541218-158-offence-1 t18541218-158-verdict-1"/>
<p>158.
<persName id="def1-158-18541218" type="defendantName">
<interp inst="def1-158-18541218" type="gender" value="male"/>
<interp inst="def1-158-18541218" type="surname" value="SMITH"/>
<interp inst="def1-158-18541218" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN SMITH</hi> </persName>
<rs id="t18541218-158-offence-1" type="offenceDescription">
<interp inst="t18541218-158-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18541218-158-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">POLAND</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-88" type="witnessName">
<interp inst="t18541218-name-88" type="gender" value="female"/>
<interp inst="t18541218-name-88" type="surname" value="HOAD"/>
<interp inst="t18541218-name-88" type="given" value="CATHARINE"/>CATHARINE HOAD</persName> </hi>. I am barmaid, at the Swan with Two Necks, Great Carter-lane. On Sunday evening, 3rd Dec., the prisoner came there—I served him with a pint of half-and-half—it came to 2
<hi rend="italic">d</hi>.—he paid me with a half crown—I put it into the till, and gave him change—there was no other half crown in the till; it was the only one I had taken that day—I gave it to the servant, Emma Brinkler, to go to the chemist's, to pay for some medicine for the child—she returned to me with a piece of a half crown—that piece I gave to Mrs. Hoad, and she passed it to Mr. Hoad—on the following Friday the prisoner came again, about a quarter before 6 o'clock in the evening—I served him with half a quartern of rum—he threw down a half crown—I put it between my teeth, and found it was bad—I walked to the parlour door, and gave it to my brother—he asked the prisoner where he came from—he made no reply—I said, "You were here on Sunday"—he said he was not—he was given into custody.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-89" type="witnessName">
<interp inst="t18541218-name-89" type="gender" value="male"/>
<interp inst="t18541218-name-89" type="surname" value="HOAD"/>
<interp inst="t18541218-name-89" type="given" value="EDMUND"/>EDMUND HOAD</persName> </hi>. I was at home on Friday, 8th Dec., about a quarter to 6 o'clock—I saw the prisoner—my sister gave me a half crown—it was bad—she pointed to the prisoner as the person who uttered it—I gave him into custody—I marked the half crown, and gave it to the officer—I had seen my sister give my wife a piece of a half crown—I took it, and gave it to the policeman.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-90" type="witnessName">
<interp inst="t18541218-name-90" type="gender" value="female"/>
<interp inst="t18541218-name-90" type="surname" value="BRINKLER"/>
<interp inst="t18541218-name-90" type="given" value="EMMA"/>EMMA BRINKLER</persName> </hi>. I am servant at the Swan with Two Necks. On Sunday, 3rd Dec., I received half a crown from Catharine Hoad to purchase some medicine—I took it to Mr. Keating's, and gave it to Mr. Taylor—he put it in the detector, broke it, and said it was bad—he gave me one piece—I took it home, and gave it to Catharine Hoad.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-91" type="witnessName">
<interp inst="t18541218-name-91" type="gender" value="male"/>
<interp inst="t18541218-name-91" type="surname" value="TAYLOR"/>
<interp inst="t18541218-name-91" type="given" value="JOHN NUNWICK"/>JOHN NUNWICK TAYLOR</persName> </hi>. I am assistant to Mr. Keating, a chemist, in St. Paul's Churchyard. On Sunday, 3rd Dec., the last witness brought me a bad half crown—I put it in the detector, and broke it in two pieces—I gave her the larger piece—the other piece remained on the counter till the morning, and it was lost.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-92" type="witnessName">
<interp inst="t18541218-name-92" type="gender" value="male"/>
<interp inst="t18541218-name-92" type="surname" value="BLEACH"/>
<interp inst="t18541218-name-92" type="given" value="WILLIAM"/>WILLIAM BLEACH</persName> </hi> (
<hi rend="italic">City policeman</hi>, 363). On 8th Dec. the prisoner was given into my custody at the Swan with Two Necks—I received this half crown and this piece of a half crown from Mr. Hoad—the prisoner said he</p>
<xptr type="pageFacsimile" doc="185412180027"/>
<p>received it from his uncle, and he had been working on the water—he said he lived at No. 9, Horse-head-court, Dockhead—I went there, and no such place could be found—on the Saturday the prisoner said he was very glad one of the two was got off, as he could get plenty of witnesses to prove he was not there that Sunday—I said, "What Sunday?"—he said, "Last Sunday."</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-93" type="witnessName">
<interp inst="t18541218-name-93" type="gender" value="male"/>
<interp inst="t18541218-name-93" type="surname" value="WEBSTER"/>
<interp inst="t18541218-name-93" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are both bad, and from the same mould.</p>
<p>
<hi rend="smallCaps">
<rs id="t18541218-158-verdict-1" type="verdictDescription">
<interp inst="t18541218-158-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18541218-158-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18541218-158-punishment-23" type="punishmentDescription">
<interp inst="t18541218-158-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t18541218-158-punishment-23" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-158-18541218 t18541218-158-punishment-23"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18541218-159">
<interp inst="t18541218-159" type="uri" value="sessionsPapers/18541218"/>
<interp inst="t18541218-159" type="date" value="18541218"/>
<join result="criminalCharge" id="t18541218-159-charge-1" targOrder="Y" targets="def1-159-18541218 t18541218-159-offence-1 t18541218-159-verdict-1"/>
<p>159.
<persName id="def1-159-18541218" type="defendantName">
<interp inst="def1-159-18541218" type="gender" value="male"/>
<interp inst="def1-159-18541218" type="age" value="37"/>
<interp inst="def1-159-18541218" type="surname" value="TODMAN"/>
<interp inst="def1-159-18541218" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN TODMAN</hi> </persName> was indicted
<rs id="t18541218-159-offence-1" type="offenceDescription">
<interp inst="t18541218-159-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18541218-159-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. BODKIN</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">POLAND</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-95" type="witnessName">
<interp inst="t18541218-name-95" type="gender" value="male"/>
<interp inst="t18541218-name-95" type="surname" value="ENGLAND"/>
<interp inst="t18541218-name-95" type="given" value="THOMAS NICHOLAS HENRY"/>THOMAS NICHOLAS HENRY ENGLAND</persName> </hi>. I am barman, at the Black Horse, in Poppin's-court. On 27th Nov. the prisoner came with a female—they called for a pint of ale—I served them—the prisoner paid in copper—he then called for half a quartern of gin—he paid for that in copper—they drank all this at the bar—he afterwards had a quartern of rum—it came to 5
<hi rend="italic">d</hi>.—he laid me down half a crown—I gave him change—I found, in about five minutes, that the half crown was bad—he had then offered me a second half crown for half a quartern of rum—I found that second half crown was bad—my master then went to the till where I had put the first half crown, and found that was bad—it was the only half crown in the till—a policeman was called, and the prisoner was given into custody—I broke the second half crown, and gave the pieces to the policeman.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> I had a pint of sixpenny ale, and then half a quartern of gin?
<hi rend="italic">A.</hi> Yes—it might be about a quarter past 8 o'clock—you had some rum afterwards—you did not have any bread and cheese—you did not go in the bagatelle room—you did not have anything to eat—we gave you into custody as soon as we could find a policeman.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-96" type="witnessName">
<interp inst="t18541218-name-96" type="gender" value="male"/>
<interp inst="t18541218-name-96" type="surname" value="MAT"/>
<interp inst="t18541218-name-96" type="given" value="HENRY"/>HENRY MAT</persName> </hi>. I am landlord of the Black Horse. On the night of 27th Nov., the last witness broke a half crown, and gave me the pieces—the prisoner was standing at the bar, and the witness said he had paid it him—finding that was bad I went to the till; I found only one half crown there—I showed it to the barman, and then broke it in two pieces—I had got one piece of the second half crown that was taken, and the prisoner took the larger piece of it, and he ran out with it while I was breaking the one that I took from the till—he was secured, and given into custody—I gave the three pieces that were left to the constable.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-97" type="witnessName">
<interp inst="t18541218-name-97" type="gender" value="male"/>
<interp inst="t18541218-name-97" type="surname" value="SMITH"/>
<interp inst="t18541218-name-97" type="given" value="SILAS"/>SILAS SMITH</persName> </hi> (
<hi rend="italic">policeman, F</hi> 38). The prisoner was given into my cus
<lb/>tody—I received these three pieces of coin.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-98" type="witnessName">
<interp inst="t18541218-name-98" type="gender" value="male"/>
<interp inst="t18541218-name-98" type="surname" value="WEBSTER"/>
<interp inst="t18541218-name-98" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This half crown is bad, and this is part of another bad half crown from the same mould.</p>
<p>
<hi rend="smallCaps">
<rs id="t18541218-159-verdict-1" type="verdictDescription">
<interp inst="t18541218-159-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18541218-159-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 37.—
<hi rend="italic">
<rs id="t18541218-159-punishment-24" type="punishmentDescription">
<interp inst="t18541218-159-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t18541218-159-punishment-24" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-159-18541218 t18541218-159-punishment-24"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18541218-160">
<interp inst="t18541218-160" type="uri" value="sessionsPapers/18541218"/>
<interp inst="t18541218-160" type="date" value="18541218"/>
<join result="criminalCharge" id="t18541218-160-charge-1" targOrder="Y" targets="def1-160-18541218 t18541218-160-offence-1 t18541218-160-verdict-1"/>
<p>160.
<persName id="def1-160-18541218" type="defendantName">
<interp inst="def1-160-18541218" type="gender" value="female"/>
<interp inst="def1-160-18541218" type="age" value="21"/>
<interp inst="def1-160-18541218" type="surname" value="JONES"/>
<interp inst="def1-160-18541218" type="given" value="MARY"/>
<hi rend="largeCaps">MARY JONES</hi> </persName> was indicted
<rs id="t18541218-160-offence-1" type="offenceDescription">
<interp inst="t18541218-160-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18541218-160-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. BODKIN</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">POLAND</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-100" type="witnessName">
<interp inst="t18541218-name-100" type="gender" value="male"/>
<interp inst="t18541218-name-100" type="surname" value="PIKE"/>
<interp inst="t18541218-name-100" type="given" value="GEORGE"/>GEORGE PIKE</persName> </hi>. I am a baker in Shoe-lane. On Saturday evening, 2nd Dec., I was in the shop between 10 and 11 o'clock; the prisoner came in for a two pound loaf, the price was 4 3/4
<hi rend="italic">d</hi>.—she tendered me a half crown; I examined it and found it bad—she said she was not aware of it; I gave it to Lockyer—the prisoner stood in the shop, and I said, "If you can give me proof of your respectability, I don't wish to detain you"—she said she had taken it for making great coats and clothing for soldiers.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-101" type="witnessName">
<interp inst="t18541218-name-101" type="gender" value="male"/>
<interp inst="t18541218-name-101" type="surname" value="LOCKYER"/>
<interp inst="t18541218-name-101" type="given" value="WILLIAM"/>WILLIAM LOCKYER</persName> </hi> (
<hi rend="italic">City policeman</hi>, 264). The prisoner was given into</p>
<xptr type="pageFacsimile" doc="185412180028"/>
<p>my custody—Mr. Pike charged her with offering a bad half crown; she said she took it at Mr. Myers's, No. 5, Broad-street, St. Giles's—I found no other money on her, but one penny—this is the half crown—I went to the place she mentioned, and found she was not known there—I took her to the station, and as I was taking her from Guildhall to Newgate she said she should get
<hi rend="italic">turned up</hi> as she had been before, because she had only one piece—she was in custody about four mouths before, for passing a bad shilling.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-102" type="witnessName">
<interp inst="t18541218-name-102" type="gender" value="male"/>
<interp inst="t18541218-name-102" type="surname" value="WEBSTER"/>
<interp inst="t18541218-name-102" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This half crown is bad.</p>
<p>
<hi rend="italic">Prisoner.</hi> I took the half crown from Mr. Myers—I went to the baker for a half quartern loaf, and he told me it was bad.</p>
<p>
<hi rend="smallCaps">
<rs id="t18541218-160-verdict-1" type="verdictDescription">
<interp inst="t18541218-160-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18541218-160-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 21.—
<hi rend="italic">
<rs id="t18541218-160-punishment-25" type="punishmentDescription">
<interp inst="t18541218-160-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t18541218-160-punishment-25" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-160-18541218 t18541218-160-punishment-25"/>Confined Fine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18541218-161">
<interp inst="t18541218-161" type="uri" value="sessionsPapers/18541218"/>
<interp inst="t18541218-161" type="date" value="18541218"/>
<join result="criminalCharge" id="t18541218-161-charge-1" targOrder="Y" targets="def1-161-18541218 t18541218-161-offence-1 t18541218-161-verdict-1"/>
<p>161.
<persName id="def1-161-18541218" type="defendantName">
<interp inst="def1-161-18541218" type="gender" value="male"/>
<interp inst="def1-161-18541218" type="surname" value="BIBB"/>
<interp inst="def1-161-18541218" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE BIBB</hi> </persName>
<rs id="t18541218-161-offence-1" type="offenceDescription">
<interp inst="t18541218-161-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18541218-161-offence-1" type="offenceSubcategory" value="fraud"/>, unlawfully obtaining money by false pretences.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. ROBINSON</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="t18541218-name-104" type="witnessName">
<interp inst="t18541218-name-104" type="gender" value="male"/>
<interp inst="t18541218-name-104" type="surname" value="ENDERS"/>
<interp inst="t18541218-name-104" type="given" value="FREDERICK"/>FREDERICK ENDERS</persName> </hi>. I am a tailor, and live at No. 167, Regent-street. The prisoner was foreman in my employ up to 23rd Sept., when he was discharged from my service—while he was in my service, he was in the habit of collecting money for me—he had no right to do so, and no authority from me to do so after he was discharged—I had a customer named Eastop; he owed me 1
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. at that time—that has never been received by me—the prisoner had no right to go to Mr. Eastop for it.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. O'BRIEN</hi>.
<hi rend="italic">Q.</hi> How long have you been a tailor?
<hi rend="italic">A.</hi> Since 1851—the prisoner had been in business as a tailor—he had been shopman to Mr. Hayes—he had never been in business for himself to my knowledge—he first came to me in the beginning of March, 1851; he has been with me ever since, but he left me for six months to go to Mr. Hayes—I did not go to Mr. Hayes to get him back—I wrote to the prisoner to come back—that was on 19th April, 1852—since that he has been constant in my employ—the 23rd Sept. was on a Saturday; that was the day I discharged him—I did not give him a week's notice—I do not know whether that is usual in our business—I do not know that the prisoner claimed a week's notice, or a week's wages—I do not recollect that he claimed 30
<hi rend="italic">s</hi>. or a week's wages from me—he presented me with a bill bringing me in his debt 4
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>.—I have not that bill; it is lost—he presented it to me on Monday, the 25th Sept.—I do not recollect that on that Monday he claimed 30
<hi rend="italic">s</hi>. for my discharging him—I had given him 3
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. worth of goods on sale or return—he took a coat and trowsers out two or three days before I discharged him; that would leave me 18
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>. in his debt—I did not give him in charge for obtaining those goods under false pretences, but for obtaining goods on my account to the amount of 6
<hi rend="italic">l</hi>. at my woollen draper's; he was discharged from that, because they would not prosecute him—I gave him into custody three days after he was discharged—Mr. Eastop was a customer of mine—Mr. Bibb introduced him—I have seen him—I received an order from him in person yesterday—I do not recollect that I received an order from him in person before—I gave the prisoner in charge—I never came to any settlement with the prisoner.</p>
<p>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> What wages had the prisoner?
<hi rend="italic">A.</hi> Thirty shillings a week—the reason I did not give him any notice was, I sent him out a week before on my business, and he never came home all day—I called that neglecting my business—I forgave him that, and on the 22nd, in the evening, I asked him to make me out a bill of a customer that owed me 19
<hi rend="italic">l</hi>.;</p>
<xptr type="pageFacsimile" doc="185412180029"/>
<p>I intended to go to get that money the next morning, as I was in want of it, and after I left he spoke to my foreman, and in the morning when I came to the shop, I asked where Mr. Bibb was, and my foreman said he was gone to cash a cheque—he went before breakfast, and did not come home till 1 o'clock—it was in consequent of his being absent from business on the 23rd, that I discharged him—he had goods from me to the amount of 3
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>.—he is still in my debt that amount—I owed him 2
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>., not 4
<hi rend="italic">l</hi>.—I never received any order from Mr. Eastop till yesterday—a great many customers come, others write—the first tune I gave this man in charge, he obtained 6
<hi rend="italic">l</hi>. worth of cloth at one of my woollen drapers on my account; he was discharged, because the draper would not come forward; he would claim the money of me.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-105" type="witnessName">
<interp inst="t18541218-name-105" type="gender" value="male"/>
<interp inst="t18541218-name-105" type="surname" value="EASTOP"/>
<interp inst="t18541218-name-105" type="given" value="JOHN"/>JOHN EASTOP</persName> </hi>. I am an artist. On 26th Sept. the prisoner called on me in Gough-square; he said he had called for the account, 1
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>., which I owed to Mr. Enders—he had been in the habit of bringing me goods from Mr. Enders before, and received the money—I gave him but 1
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., because I was short of change—he gave me the receipt for 1
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>.—this is it—he brought it ready receipted—I certainly would not have paid this money if I had known he had been discharged from the service.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> How long have you known the prisoner?
<hi rend="italic">A.</hi> Three or four years—I have been in the habit of giving him orders at the shop of Mr. Enders, and I gave him orders at the shop of Mr. Hayes—I believe he was in business for himself privately—I believe I have given him orders privately—I have dealt at Mr. Enders's twelve or eighteen months.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-106" type="witnessName">
<interp inst="t18541218-name-106" type="gender" value="male"/>
<interp inst="t18541218-name-106" type="surname" value="TURPIN"/>
<interp inst="t18541218-name-106" type="given" value="WILLIAM"/>WILLIAM TURPIN</persName> </hi> (
<hi rend="italic">police sergeant, M</hi> 6). I received charge of the pri
<lb/>soner on 23rd Nov.—the prosecutor told him, in my presence, that he was charged with embezzling 30
<hi rend="italic">s</hi>.—the prisoner said that the prosecutor owed him more money, that he owed him 5
<hi rend="italic">l</hi>.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Was Mr. Enders with you when he gave him in charge?
<hi rend="italic">A.</hi> Yes; at the Southwark Police-court—he charged him with embezzling 30
<hi rend="italic">s</hi>., and the prisoner said he owed him 5
<hi rend="italic">l</hi>.—as soon as Mr. Enders found he was discharged from whatever charge it was, he gave him in charge there.</p>
<p>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> Bid you hear the first charge?
<hi rend="italic">A.</hi> No—I was there when the prisoner was discharged—I do not know why he was not taken into custody before.</p>
<p>
<hi rend="smallCaps">
<rs id="t18541218-161-verdict-1" type="verdictDescription">
<interp inst="t18541218-161-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18541218-161-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, December</hi> 20
<hi rend="italic">th</hi>, 1854.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>—The Right Hon. the
<hi rend="smallCaps">LORD MAYOR</hi>; Mr. Justice
<hi rend="smallCaps">CRESSWELL</hi>; Sir
<hi rend="smallCaps">CHAPMAN MARSHALL</hi>, Knt, Ald.; Sir
<hi rend="smallCaps">ROBERT WALTER CARDEN</hi>, Knt., Ald.; and
<hi rend="smallCaps">RUSSELL GURNEY</hi>, Esq.</p>
<p>
<hi rend="italic">Before Mr. Justice Cresswell and the First Jury.</hi> </p>
<div1 type="trialAccount" id="t18541218-162">
<interp inst="t18541218-162" type="uri" value="sessionsPapers/18541218"/>
<interp inst="t18541218-162" type="date" value="18541218"/>
<join result="criminalCharge" id="t18541218-162-charge-1" targOrder="Y" targets="def1-162-18541218 t18541218-162-offence-1 t18541218-162-verdict-1"/>
<p>162.
<persName id="def1-162-18541218" type="defendantName">
<interp inst="def1-162-18541218" type="gender" value="male"/>
<interp inst="def1-162-18541218" type="age" value="22"/>
<interp inst="def1-162-18541218" type="surname" value="MALLETT"/>
<interp inst="def1-162-18541218" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES MALLETT</hi> </persName>
<rs id="t18541218-162-offence-1" type="offenceDescription">
<interp inst="t18541218-162-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18541218-162-offence-1" type="offenceSubcategory" value="robbery"/>, robbery on
<persName id="t18541218-name-108" type="victimName">
<interp inst="t18541218-name-108" type="gender" value="female"/>
<interp inst="t18541218-name-108" type="surname" value="HARRISSON"/>
<interp inst="t18541218-name-108" type="given" value="LOUISA"/>
<interp inst="t18541218-name-108" type="occupation" value="dress amnd mantle maker"/>
<join result="offenceVictim" targOrder="Y" targets="t18541218-162-offence-1 t18541218-name-108"/>Louisa Harrisson</persName>, and stealing from her person, 1
<hi rend="italic">l</hi>. 4
<hi rend="italic">d</hi>. in money, the property of
<persName id="t18541218-name-109" type="victimName">
<interp inst="t18541218-name-109" type="gender" value="male"/>
<interp inst="t18541218-name-109" type="surname" value="HARRISSON"/>
<interp inst="t18541218-name-109" type="given" value="EDWARD"/>
<interp inst="t18541218-name-109" type="occupation" value="carpenter"/>
<join result="offenceVictim" targOrder="Y" targets="t18541218-162-offence-1 t18541218-name-109"/>Edward Harrisson</persName>; and feloniously wounding her after committing the said robbery.</rs> </p>
<p>
<hi rend="smallCaps">MR. RYLAND</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-110" type="witnessName">
<interp inst="t18541218-name-110" type="gender" value="female"/>
<interp inst="t18541218-name-110" type="surname" value="HARRISSON"/>
<interp inst="t18541218-name-110" type="given" value="LOUISA"/>LOUISA HARRISSON</persName> </hi>. I am the wife of Edward Harrisson, a carpenter; we live at No. 2, Bull Inn-yard, Aldgate, right opposite the tap, which shows" a light upon our door, and the gas Light lights all over our kitchen; the</p>
<xptr type="pageFacsimile" doc="185412180030"/>
<p>house consists of a kitchen below, and three rooms over it. I occupy all but the middle room, which is occupied by a lodger, Mrs. Blower, a laundress—I have two children, one is fourteen months old, and the other four years—there are two long muslin curtains and a blind to the kitchen window, which looks into the yard, but they are quite thin; anybody can see through them—I assist my husband by taking in dress and mantle making—last Monday week, about half past 6, or a quarter to 7 o'clock in the evening, I was sitting in the parlour, the ground floor room; I had a lamp, and there was also a good fire which gave some light—I saw a person looking in at the window, as if he was reading my name as dress and mantle maker, which is on a sign board in the window, and directly afterwards I heard a gentle knock at the door; I went to the door and saw the prisoner with a bundle—he asked if Mrs. Harrisson was in; I said, "I am Mrs. Harrisson"—he said "I have brought you some work from my sister"—I asked him into the parlour to see what work it was he had—I went in and he followed me, and shut the door after him, and the parlour door also—the light was on the table close to the door; he put out the light, and said, "Now I want your money"—I said, "I have none"—he touched the outside of my dress, and my money jingled in my pocket—I bad 1
<hi rend="italic">l</hi>. 4
<hi rend="italic">d</hi>. in silver, and 2
<hi rend="italic">d</hi>. in copper, loose in my pocket—he dragged my pocket out, took all the money out, threw the coppers on the floor, and left them there—he then struck me on the nose, and the blood flew on to the bosom of his shirt; I then fell with my head against the corner of a chair, and then he dragged me across to the other side of the room, and struck me at the back of my head with a large stick of my husband's, and left me on the floor unable to speak—then he went to the other end of the room, took two pistols out of his pocket, put them on the table, and said, that if I hallooed out he would kill the baby, which was lying asleep—he cut each end of the line which was hanging in the room, tied my hands together with it, and then dragged me to the other side of the room,
<hi rend="italic">jammed</hi> me in between two chairs and left me—the eldest child then began to scream—he prisoner went upstairs, came down again, and the children were then both screaming; he went out of doors, and I saw him look over the short blind as he went by the window—I was then on the floor, unable to make any alarm—my eldest child ran over to the tap and gave an alarm, upon which two men came to me, and afterwards the police, and a medical gentle
<lb/>man—in the course of that evening I gave a description to the police of the person who had attacked me; and on the following evening I went, t the request of the police, to a penny theatre, about 300 yards from our house—I went into the pit alone, and saw the prisoner standing by the orchestra with a short pipe in his mouth, and the same handkerchief and trowsers as he had on before; it was a white handkerchief with large blue or green spots; I believe blue—I felt quite certain that he was the man, and I feel quite positive now; I went out directly and spoke to the police, and they went in and took him into custody—I had seen him before, on the Wednesday before this happened, that is three weeks to-day; I was coming from the Metropolitan Hospital with my children, and saw the prisoner near the Exchange with some handkerchiefs, which were not new, and one of which he asked me to buy for a 1
<hi rend="italic">s</hi>., then for 10
<hi rend="italic">d</hi>., and then for 8
<hi rend="italic">d</hi>.; but in consequence of what a woman who was with me said to me, I did not buy it—I did not stand still, I was going on and the prisoner fol
<lb/>lowed me—I had an opportunity of observing his features; he was five or ten minutes in my sight on that occasion, and he was ten minutes or a quar
<lb/>ter of an hour in my parlour on that night.</p>
<xptr type="pageFacsimile" doc="185412180031"/>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COOPER</hi>.
<hi rend="italic">Q.</hi> Were you very much alarmed and frightened?
<hi rend="italic">A.</hi> Very much—the two children were in the same room on the sofa asleep—they did not awake till just before the prisoner went out—I tried to scream, but he held my mouth—he was not a minute up stairs; he came down and went out—he had on a cap with braid at the top and a peak to it; it was put on a little on one side—his handkerchief was tied in a knot, and the ends tucked under—he wore a pepper and salt coloured coat—the Exchange is close to the hospital, and about half a mile from my house; I was carrying one child, and the other was walking—there are a great many men selling almost all kinds of goods about Whitechapel—the street is a market, there are so many people.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-111" type="witnessName">
<interp inst="t18541218-name-111" type="gender" value="male"/>
<interp inst="t18541218-name-111" type="surname" value="COSTER"/>
<interp inst="t18541218-name-111" type="given" value="THOMAS"/>THOMAS COSTER</persName> </hi>. I am a porter at the Bull Inn-yard, Aldgate—the tap room is opposite the door of Mr. Harrisson's house—I was sitting in the tap room on this evening from twenty minutes past 6 to 7 o'clock, and Mrs. Harrisson's little girl came into the tap room—in consequence of what she said, I instantly ran over, went into the ground floor room, and found Mrs. Harrisson lying between two chairs—I then called for help—I did not know whether there was anybody else in the house—a man from the tap came with a light, and undid the line which was across her hands, and I raised her up into my lap, and observed that she was bleeding from the right side of the head—she was not sensible—a doctor soon came and attended her, but she did not come to herself while I was there—I went to fetch her husband.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-112" type="witnessName">
<interp inst="t18541218-name-112" type="gender" value="male"/>
<interp inst="t18541218-name-112" type="surname" value="HARVEY"/>
<interp inst="t18541218-name-112" type="given" value="WILLIAM"/>WILLIAM HARVEY</persName> </hi>. I am a waiter at the Bull Inn, Aldgate—I saw the little girl come over on this evening—I followed Coster to the house, and saw Mrs. Harrisson sitting on his lap insensible—her hands were tied; I untied them—she was bleeding about the head.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-113" type="witnessName">
<interp inst="t18541218-name-113" type="gender" value="male"/>
<interp inst="t18541218-name-113" type="surname" value="LITTLE"/>
<interp inst="t18541218-name-113" type="given" value="JAMES"/>JAMES LITTLE</persName> </hi> (
<hi rend="italic">policeman</hi>). On the evening of 11th Dec., I was on duty in Aldgate High-street—in consequence of information, I went as quickly as I could to Harrisson's house—I got there about a quarter to 7 o'clock—I saw Mrs. Harrisson sitting on the lap of Coster, another man was undoing a rope from her hand—I sent for Mr. Cook, a surgeon; he came—Mrs. Harrisson that evening gave me a description of the person that she said had injured her—I examined the room—I went up stairs with a light—I did not find anybody down stairs—I found a stick lying down in the parlour which had blood on it; there is a stain on it now—I found four halfpence on the floor—I also saw blood upon Mrs. Harrisson's dress, and likewise on her feet—from the description she gave me of the person, I went along with Finnis, a brother officer, on the Tuesday night, to White-chapel, with Mrs. Harrisson—she went into the penny theatre, and came out and said that the man was in there—I went in along with my brother officer, and Mrs. Harrisson went in again and pointed out the prisoner—I took him into custody—I cannot say that I had seen him before.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> You had spoken to Mrs. Harrisson before she went to this theatre, I believe?
<hi rend="italic">A.</hi> No, not this night; I had seen her in the morning—I did not say anything to her about the prisoner—I asked her whether she would know the man again; and she said "Yes," that was all—I believe she was along with my brother officer first—I did not hear him say anything to her—before she went into the theatre, I had not said anything to her about seeing any one there; I do not know whether my brother officer had—the prisoner was inside the theatre—the woman there said that he acted as officer to keep the boys quiet—I had not been there</p>
<xptr type="pageFacsimile" doc="185412180032"/>
<p>before—I had not gone in before the prosecutrix that night, and I do not think my brother officer had; I do not know.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-114" type="witnessName">
<interp inst="t18541218-name-114" type="gender" value="male"/>
<interp inst="t18541218-name-114" type="surname" value="FINNIS"/>
<interp inst="t18541218-name-114" type="given" value="HENRY"/>HENRY FINNIS</persName> </hi> (
<hi rend="italic">City policeman</hi>). I accompanied Little and Mrs. Harris
<lb/>son to the penny theatre—I had seen her before that, and she had given me a description of the man who had ill used her—in consequence of that, I went to this penny theatre before I went there with her—I there saw somebody who answered the description she had given me; it was the pri
<lb/>soner; he had this handkerchief round his neck—I went again the same night with Mrs. Harrisson—she went in alone—she came out again in about a minute, and told me something—I and Little then went in with her—we found the prisoner there, and took him into custody—I told him he was charged with assaulting and robbing Mrs. Harrisson, who was there with me—he said he knew nothing at all about it, but he would go any where with me; I asked him at the station house where he lived—he said at No. 19, Rutland-street, Cannon-street road—I went there, and found his father there—I saw his brother there and an old lady, who I supposed to be his mother—I searched his person, and found on him 7
<hi rend="italic">s</hi>. 0 1/2
<hi rend="italic">d</hi>. in money altogether, a 2
<hi rend="italic">s</hi>. piece, 4
<hi rend="italic">s</hi>., a 6
<hi rend="italic">d</hi>., and the rest in coppers, a knife, and a key—I had not known him before.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> How came the prosecutrix to go to the theatre that night?
<hi rend="italic">A.</hi> In consequence of my going to her; I told her I had seen a man there answering the description she gave—I walked with her to the penny theatre—I did not go in until she came out—I told her, before she went in, that I had seen a man answering the description—I had not seen him inside—I had seen him at the door twice that evening before she went in—he was talking to persons about the door.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-115" type="witnessName">
<interp inst="t18541218-name-115" type="gender" value="male"/>
<interp inst="t18541218-name-115" type="surname" value="COOK"/>
<interp inst="t18541218-name-115" type="given" value="JOHN HENRY"/>JOHN HENRY COOK</persName> </hi>. I am a surgeon, residing in the Minories. On the evening of Monday week last, I was sent for to Mrs. Harrisson; I got there about a quarter to 7 o'clock; I found her sitting in a man's lap, faint and insensible, and unable to speak—there was no light in the room—after a candle had been lighted I had her removed on to the sofa, and did what was necessary for her relief, and after about a quarter of an hour or twenty minutes she came to—she remained sensible for about half an hour, and then she had a convulsive fit, which lasted about five minutes—she after
<lb/>wards came to, and was conscious all the time I was there—I observed two abrasions on the right side of her face; her nose was bleeding profusely, and there was a wound on the back of the head, from which blood was flowing—she has been under my care ever since, and is so still—I gathered from her, and observed that she was in the family way.</p>
<p>
<hi rend="smallCaps">MR. COOPER</hi>
<hi rend="italic">called the following Witnesses for the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-116" type="witnessName">
<interp inst="t18541218-name-116" type="gender" value="male"/>
<interp inst="t18541218-name-116" type="surname" value="BROWN"/>
<interp inst="t18541218-name-116" type="given" value="EDWARD"/>EDWARD BROWN</persName> </hi>. I am barman to Mr. Phillips, of the Red Lion and Spread Eagle, No. 94, High-street, Whitechapel. On Monday evening, 11th Sept., I saw the prisoner at five minutes past 6 o'clock—he entered the house, and he left at a quarter past 6 o'clock—he happened to look up at the clock, and he remarked, "I am late," and I had to go to the door to drive away a lot of children from the private entrance—he went away, and went into the penny saloon—I did not go with him—I saw him go in, it is only three doors up—he had to keep the place quiet—I had not attended the theatre, I have been in there once or twice to take beer in—at five minutes to 7 o'clock the prisoner came in again with Mr. Lawrence, who is an actor there—they stayed about five minutes, and Mr. Roe, the proprietor of the penny saloon, came in—I did not see anything more of the prisoner after he left.</p>
<xptr type="pageFacsimile" doc="185412180033"/>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RYLAND</hi>.
<hi rend="italic">Q.</hi> You say that you sometimes go to this theatre to carry in beer; is that the only purpose for which you go there?
<hi rend="italic">A.</hi> I go in there once or twice, just to have a look at the pieces—I was not there at all that Monday night—I know the Bull Inn yard—that is about five minutes' walk from the saloon—the prisoner acts as an officer of the saloon, to keep the place quiet—all I know about him is that he is a very quiet, inoffensive man—the performance begins about half past 5 or a quarter to 6 o'clock, and lasts till about 11 o'clock in the evening—he first came into our place that evening at 5 minutes past 6 o'clock, and stopped about ten minutes or a quarter of an hour—I saw him go to the theatre, and he came back about 5 minutes to 7 o'clock, and stopped about five minutes—he then went away, and I saw no more of him—he had on tight corduroy trowsers and one of those short coats—I have seen him with a handkerchief on similar to this (
<hi rend="italic">the one produced</hi>)—I cannot swear that he had this handkerchief on that night—I cannot swear to the handkerchief at all—I did not take particular notice of what the man had—I have seen him with a handkerchief something similar to that one—I saw him, I think, on the Sunday, with a handkerchief something similar to this—I noticed it, because I met him at the door when he was going out to fight—that was on the Sunday morning—I cannot swear that this is the handkerchief he had on then, but it was one like it—I did not notice whether he had any handkerchief round his neck on the Monday night; I was rather busy—Monday night is rather a busy night—I did not notice whether he had any handkerchief round his neck that night—I have never seen him with a collar on—I cannot swear whether he had a handkerchief round his throat, or whether I could see his bare throat—I have heard that he has been a fighter—I do not know whether he is a prize fighter or not—I did not go with him on the Sunday.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Who was he going to fight on the Sunday?
<hi rend="italic">A.</hi> I do no know; it was some man at Mile-end—he was always quiet in our place.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-117" type="witnessName">
<interp inst="t18541218-name-117" type="gender" value="male"/>
<interp inst="t18541218-name-117" type="surname" value="LAWRENCE"/>
<interp inst="t18541218-name-117" type="given" value="WILLIAM"/>WILLIAM LAWRENCE</persName> </hi>. I am manager of this theatre, in Whitechapel. I remember the night of the 11th—I was at the theatre that evening, from the opening of the theatre—I saw the prisoner that evening, from half past 6 to half past 8 o'clock—he was in the place all that time, till he went out with me after the chorus was sung—we went into Mr. Phillips's public house—we had a glass of shrub and water there—we had just time to drink it, and then we returned to the theatre again—he acted as an officer to keep order—Mr. Roe, the master of the establishment, paid him—I do not know what he had a week—I am quite sure he was there, attending to his duty, until half past 8 o'clock—that terminated the first performance, and then he went out.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> You say he was in your company from half-past 6 till half past 8 o'clock?
<hi rend="italic">A.</hi> Yes, in the saloon—I am quite sure he was there all that time—he never left, except merely when he went into the public house, and he returned before me—that was about 5 minutes to 7 o'clock, as near as possible—we did not stay there two minutes, and then returned to the theatre, and there he staid till the first performance was over, which was half past 8 o'clock—I had seen him the day before, Sunday—I went to the fight with him, but they did not fight; the other man did not come to his time, and forfeited his money—the prisoner was dressed on Monday night in a pea jacket, and a light scarf, with a darkish spot in it, and cord trowsers, very tight; his usual dress, in fact—this is the scarf—I have no doubt whatever of it.</p>
<xptr type="pageFacsimile" doc="185412180034"/>
<p>
<hi rend="smallCaps">MR. COOPER</hi>.
<hi rend="italic">Q.</hi> How long has he worked at this theatre?
<hi rend="italic">A.</hi> I should say, as near as possible, about four months.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-118" type="witnessName">
<interp inst="t18541218-name-118" type="gender" value="male"/>
<interp inst="t18541218-name-118" type="surname" value="TOMLINSON"/>
<interp inst="t18541218-name-118" type="given" value="JOSEPH"/>JOSEPH TOMLINSON</persName> </hi>. I remember this Monday, the 11th—I was with Mr. Mallett all the afternoon, from half past 3 till 6 o'clock in the evening, and then I met him again at 25 minutes to 7; he was then in the saloon—I went under the stage to see some of the people engaged at the place—the dressing room is under the stage—I returned about 5 minutes past 7 o'clock, and he was then going on the stage, I believe, to hold the people while they were having the laughing gas—I left him by the orchestra then, and went out of the place—I returned again in about an hour, and he was there then.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> You say you were with him from half past 3 to 6 o'clock?
<hi rend="italic">A.</hi> Yes—we were in the saloon in the afternoon—there were some people there having their likenesses taken—he was not in the saloon from half past 3 till 6 o'clock—we came out of there, and he asked me to take a walk with him down Whitechapel—that was a little after half past 5 o'clock—it was 25 minutes to 7 when I saw him again in the saloon—I went out and returned in an hour, and he was standing by the orchestra; he always stands there all the evening—he had on a pea jacket and this scarf—I was with him when he bought this scarf, on Sunday morning; he gave 18
<hi rend="italic">d</hi>. for it—I saw him on the Tuesday evening—there was a
<hi rend="italic">row</hi> outside the door in the road, with two
<hi rend="italic">chaps</hi>, fighting, and he was there then—I did not see him in the theatre when he was taken into custody on the Tuesday evening, I saw him just before—I did not notice whether he had this handkerchief on then—I did not notice his dress that evening—he had on this handker
<lb/>chief when I saw him outside the door at 6 o'clock on the Tuesday evening, and the same jacket, and he had it on on the Monday evening—he spoke to me about it—I was going to buy one myself like it.</p>
<p>
<hi rend="smallCaps">MR. COOPER</hi>.
<hi rend="italic">Q.</hi> Then there were other handkerchiefs, were there?
<hi rend="italic">A.</hi> Yes; there were a number of scarfs at the same shop on the Sunday morn
<lb/>ing, and I was going to buy one; I picked this one out, and he fancied it himself, and gave the person 18
<hi rend="italic">d</hi>. for it.</p>
<p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> How does he get his living?
<hi rend="italic">A.</hi> I have always been told that he worked in the docks; I could not swear to it—he gets so much a night at this saloon; I cannot say how much—I generally open the doors soon after 6 o'clock, sometimes half-past 6, to allow the people to go in—the per
<lb/>formance begins about 7 o'clock, sometimes before—we have no regular time, it is according to what people there are in—the place holds 300 or 400 people when it is full—sometimes it is full and sometimes slack—I am engaged next door, at Mr. Pollard's—I at times go in there, almost every night for the last six weeks—there is singing and dancing there.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-119" type="witnessName">
<interp inst="t18541218-name-119" type="gender" value="female"/>
<interp inst="t18541218-name-119" type="surname" value="LAKEMAN"/>
<interp inst="t18541218-name-119" type="given" value="ELIZABETH"/>ELIZABETH LAKEMAN</persName> </hi>. I am a widow; I keep this theatre for my nephew, and take the money there. I know the prisoner from employing him, I think, about three months—he gets two nights a week 18
<hi rend="italic">d</hi>. a night, and the other nights 1
<hi rend="italic">s</hi>.—he has to keep peace and quietness, and to keep the saloon select—I remember this Monday night—I got to the theatre at 25 minutes after 5 o'clock that evening, and when I got there, to the best of my recollection, he was sitting on a seat in the shop—we have to pass through a shop to go to the theatre—I saw him after that repeatedly through the evening, as it was his custom to go in and out of an evening, and he always speaks, and asks me if all is right—he did just the same that evening as all other evenings—I considered him a very quiet, harmless young man—he had very little to say, and always did his duty—he bore a good character,</p>
<xptr type="pageFacsimile" doc="185412180035"/>
<p>as far as I knew—he was recommended by a party, who said he was a very quiet young man—it was necessary for us to have a person, and we engaged him—he appeared a very quiet, inoffensive man.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> How many nights a week is the theatre open?
<hi rend="italic">A.</hi> Six nights—he was employed six nights a week—I believe he did fight prize fights, but he never fought in our place—it was his duty to keep quietness at the theatre—if he chose to go out for half an hour during the evening, there was nobody to prevent him—I know the Bull Inn-yard; it is not a very great way from the theatre; I cannot say the distance.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-120" type="witnessName">
<interp inst="t18541218-name-120" type="gender" value="male"/>
<interp inst="t18541218-name-120" type="surname" value="REEDER"/>
<interp inst="t18541218-name-120" type="given" value="PETER"/>PETER REEDER</persName> </hi>. I remember this Monday night—I was at this penny theatre—I know the prisoner by his being there since I have played there—I play the violin there—he generally stands alongside of me, in front of the stage—on this Monday night I saw him first at 10 minutes past 7 o'clock, on the stage—he was there about twenty minutes, with the laughing gas—he held the people to save them from hurting themselves—I did not take notice where he was after he left the stage.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> What time did you go to the theatre on the 11th?
<hi rend="italic">A.</hi> About 5 minutes past 6 o'clock—I have to play at the door all the night long, and inside as well—I do not have any rest—I took my place in the orchestra at half past 6 o'clock—I was playing there to the singing and dancing till the laughing gas began.</p>
<p>
<rs id="t18541218-162-verdict-1" type="verdictDescription">
<interp inst="t18541218-162-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18541218-162-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi> </rs>. Aged 22.—
<rs id="t18541218-162-punishment-26" type="punishmentDescription">
<interp inst="t18541218-162-punishment-26" type="punishmentCategory" value="death"/>
<interp inst="t18541218-162-punishment-26" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-162-18541218 t18541218-162-punishment-26"/>
<hi rend="largeCaps">DEATH</hi>
<hi rend="italic">recorded.</hi> </rs> </p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday, December</hi> 20
<hi rend="italic">th</hi>, 1854.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>—Sir
<hi rend="smallCaps">CHAPMAN MARSHALL</hi>, Knt., Ald.; Mr. Ald.
<hi rend="smallCaps">HUNTER</hi>; and Mr.
<hi rend="smallCaps">RECORDER</hi>.</p>
<p>
<hi rend="italic">Before Mr. Recorder and the Sixth Jury.</hi> </p>
<div1 type="trialAccount" id="t18541218-163">
<interp inst="t18541218-163" type="uri" value="sessionsPapers/18541218"/>
<interp inst="t18541218-163" type="date" value="18541218"/>
<join result="criminalCharge" id="t18541218-163-charge-1" targOrder="Y" targets="def1-163-18541218 t18541218-163-offence-1 t18541218-163-verdict-1"/>
<join result="criminalCharge" id="t18541218-163-charge-2" targOrder="Y" targets="def2-163-18541218 t18541218-163-offence-1 t18541218-163-verdict-2"/>
<join result="criminalCharge" id="t18541218-163-charge-3" targOrder="Y" targets="def1-163-18541218 t18541218-163-offence-2 t18541218-163-verdict-2"/>
<join result="criminalCharge" id="t18541218-163-charge-4" targOrder="Y" targets="def2-163-18541218 t18541218-163-offence-2 t18541218-163-verdict-1"/>
<p>163.
<persName id="def1-163-18541218" type="defendantName">
<interp inst="def1-163-18541218" type="gender" value="male"/>
<interp inst="def1-163-18541218" type="age" value="54"/>
<interp inst="def1-163-18541218" type="surname" value="LOWENTHALL"/>
<interp inst="def1-163-18541218" type="given" value="ISAAC"/>
<hi rend="largeCaps">ISAAC LOWENTHALL</hi> </persName> and
<persName id="def2-163-18541218" type="defendantName">
<interp inst="def2-163-18541218" type="gender" value="male"/>
<interp inst="def2-163-18541218" type="age" value="30"/>
<interp inst="def2-163-18541218" type="surname" value="LOWENTHALL"/>
<interp inst="def2-163-18541218" type="given" value="ADOLPHE"/>
<hi rend="largeCaps">ADOLPHE LOWENTHALL</hi> </persName>
<rs id="t18541218-163-offence-1" type="offenceDescription">
<interp inst="t18541218-163-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18541218-163-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing 107 yards of silk, value 20
<hi rend="italic">l</hi>.; the goods of
<persName id="t18541218-name-123" type="victimName">
<interp inst="t18541218-name-123" type="gender" value="male"/>
<interp inst="t18541218-name-123" type="surname" value="LEAF"/>
<interp inst="t18541218-name-123" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18541218-163-offence-1 t18541218-name-123"/>William Leaf</persName> and others</rs>.
<rs id="t18541218-163-offence-2" type="offenceDescription">
<interp inst="t18541218-163-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18541218-163-offence-2" type="offenceSubcategory" value="receiving"/>2nd
<hi rend="smallCaps">COUNT</hi>, receiving the same</rs>.</p>
<p>(
<hi rend="italic">The prisoners being foreigners, the evidence was explained to them by an interpreter.</hi>)</p>
<p>
<hi rend="smallCaps">MR. CLARKSON</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-124" type="witnessName">
<interp inst="t18541218-name-124" type="gender" value="male"/>
<interp inst="t18541218-name-124" type="surname" value="PERRIN"/>
<interp inst="t18541218-name-124" type="given" value="HENRY"/>HENRY PERRIN</persName> </hi>. I am in the service of William Leaf and Co., of Old 'Change; they are silk mercers, on a very large scale. On Thursday, 23rd Nov., about half past 1 o'clock, the elder prisoner, Isaac Lowenthall, came to my master's warehouse—there was a man and woman with him—they asked to see some watered silks, and I showed them about half a dozen pieces—one piece of goods was purchased at 4
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>. a yard—whilst I was showing them the silks, I observed the prisoner Isaac take hold of a piece of silk and hold it up—that had the effect of concealing the action of the woman from me, excepting that I could see she moved and stooped—the prisoner Isaac had been there on the Monday before, and purchased a piece f goods—he did not pay for it then—after these goods were shown to them on the Thursday, and they had purchased one piece, the man and woman went away—the prisoner Isaac remained, and said to me, "Do you know the name of Walker?" and showed me the invoice of the piece of silk he had bought on the Monday before, and which he had paid for in the counting-house on that Thursday morning, before I had shown them any goods—he remained a minute or two after the man and woman had gone away—we</p>
<xptr type="pageFacsimile" doc="185412180036"/>
<p>have a man, named Holland, employed to open the door, and as a sort of guard; and after the man and woman, and Isaac, were gone, I sent for Holland, because I missed a piece of black silk, containing ninety-one yards, which I had on the counter that morning, showing it to Isaac and his two companions—I did not at that time miss any other silk—I did not miss a piece of figured silk till it was shown to me by the police at Guildhall on the following day—those were two of the pieces of silk that I had had on the counter—one was ninety-one yards, the other was sixteen yards—that one had not been shown to them—I know where it was—it was on the counter behind me—I had not occasion to leave the place while Isaac, and the man and woman, were there—how that piece of figured silk went I cannot tell—the woman must have taken it—I was as close to the place where the figured silk was, as I am to this rail—there are two counters; one of them was behind me, and on that counter the figured silk was, and the woman stood behind me—on the following day I saw in the hands of the officer, King, the ninety-one yards of silk that I had missed, and the sixteen yards of figured silk which I did not miss till the officer showed it to me—I know this figured silk to be the property of my employers, because I had a pattern of it, which I took off a day or two before—this is the pattern, and this is the piece of figured silk—they exactly correspond—I know these ninety-one yards of silk by the mark on the paper, and the pencil mark on the piece of goods—the mark on the paper is my writing—it is, "No. 10, 20-inch black ducape"—the value of the two pieces is about 20
<hi rend="italic">l</hi>.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. LILLEY</hi>.
<hi rend="italic">Q.</hi> You know the silk by the marks; supposing it had been sold in the ordinary way of business, would the marks have been removed?
<hi rend="italic">A.</hi> No—supposing the whole piece had been sold the marks would have been sold with it—this was about hall-past 1 o'clock—I was in the warehouse at the time that Isaac, and the man and woman, came—they came together—I believe Isaac came in first, he having been there before, and knowing the way—the way Isaac held the piece up was not the usual way of examining silk—this is the way he held it (
<hi rend="italic">spreading it out</hi>)—it was fastened, and he asked me to break the threads for him, which I did, and he held it up—the woman stood on the other side of him, so that his holding the piece up, covered what she did from me—he could not see the piece better for holding it up—the man and woman had spoken to Isaac—they had not spoken to me at all the whole time they were there—Isaac had bought a piece of goods on a previous occasion, and he paid for it that day, and bought another piece, which I believe was 81 yards—he did not pay for it—he said he would call the following day and pay for it, and take it with him.</p>
<p>
<hi rend="smallCaps">MR. CLARKSON</hi>.
<hi rend="italic">Q.</hi> You have been asked whether these marks would have remained if these silks were sold; were either of these goods sold to Isaac, or any one else?
<hi rend="italic">A.</hi> No; I know that they had not—the piece that Isaac held up was not the piece that he bought—the piece he purchased, at 4
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>. a yard, for which he said he would come on the following day, I had handed to another young man—it was not on the counter.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-125" type="witnessName">
<interp inst="t18541218-name-125" type="gender" value="male"/>
<interp inst="t18541218-name-125" type="surname" value="COCKER"/>
<interp inst="t18541218-name-125" type="given" value="SAMUEL"/>SAMUEL COCKER</persName> </hi>. I am a salesman at the house or Leaf and Co.—I was in the warehouse when these three persons came there—I was sent by Per
<lb/>rin to follow the prisoner Isaac—I followed him to Camomile-street—he as alone—when he got to Camomile-street, our porter, Holland, and I, both went and spoke to him—we asked if he had been to Messrs. Leaf's—he pretended that he could not speak English—he said something which I could</p>
<xptr type="pageFacsimile" doc="185412180037"/>
<p>not understand—while we were talking to him, the man and woman who had been in the warehouse walked by—I left Holland with Isaac, and I fol
<lb/>lowed them—the man had a parcel under his arm, which was the piece of silk which had been paid for by the prisoner Isaac, which he had purchased on the former day—the woman had something bulky under her shawl—I could not see what it was—I followed the man and woman to somewhere near Whitechapel, and the prisoner, Adolphe, met them—they conversed together, and then delivered something to Adolphe—I could not see whether the man or the woman delivered it—they stood side by side, and Adolphe was in front of them—after something had been delivered by one of them, there was not that projection under the shawl of the woman that there had been before—the man then went on with Adolphe, and the woman walked after them—the man and Adolphe were conversing together—in about five minutes the man and woman left Adolphe—I followed Adolphe to a court in the Tenter Ground—he went to a house and knocked at the door—he was on the door step, half way in, and I went and asked him if he had been in the City—he said, "No"—he spoke very bad English; he gave me to understand no—he said the word "No"—I asked him what he had got in the bundle—he said it had been given him by a friend—I asked him, in English, where his friend lived—he gave me the bundle, and said if I would wait he would fetch his friend—I told him I must go with him—he took me through several streets that I do not know the name of—he kept saying that his friend lived first in one place and then another—he said his friend lived round the corner, and then when he got round he could not find where he did live—he took me to several places, and I could not succeed in finding where his friend lived—I sent for an officer and gave him in charge—the conversation I had with him from the beginning to the end was in English—I gave the parcel that Adolphe had to the inspector at the station—I examined the contents of the parcel, and these two pieces of silk were in it; they were creased up as though they had been shown on a counter, and had not been straightened again—I afterwards went with the officer to the same house in the Tenter Ground at which Adolphe had knocked, and was going in, when I found, amongst other things, this letter, which is directed to No. 12, St. Mark-street; that led me to go with the officer to the house, No. 12, St. Mark-street—I there found the piece of goods that had been bought by Isaac on the Monday previous, and had been paid for that day—that piece was delivered up at Guildhall to Isaac's friends—the silks that Adolphe had were in a cotton handkerchief, and Adolphe claimed that handkerchief as his.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> When you overtook Isaac, in Camomile-street, he did not speak English?
<hi rend="italic">A.</hi> Not to me—I heard him speak one or two words in very bad English—when I asked him a question in English, he said, "No"—Holland took him, and I went after the man and woman.</p>
<p>
<hi rend="italic">Adolphe.</hi> I did not speak English to him, only one or two words I do understand.
<hi rend="italic">Witness.</hi> I am sure he did speak English, though it was broken.</p>
<p>
<hi rend="italic">Adolphe.</hi> Are you sure it was in the Tenter-ground? it was n Alie-street.
<hi rend="italic">Witness.</hi> I am not quite sure; the officer knows the address.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> While you were with Holland talking to Isaac, you say the man and woman passed; had you seen them in the shop?
<hi rend="italic">A.</hi> Yes; and I recognised them.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-126" type="witnessName">
<interp inst="t18541218-name-126" type="gender" value="male"/>
<interp inst="t18541218-name-126" type="surname" value="HOLLAND"/>
<interp inst="t18541218-name-126" type="given" value="JAMES"/>JAMES HOLLAND</persName> </hi>. I am porter and keeper of the outer door, at Leaf and Co.'s. I accompanied Cocker after these people; I went as far as</p>
<xptr type="pageFacsimile" doc="185412180038"/>
<p>Camomile-street—I remember the man and woman leaving our premises—I did not see that man and woman while Cocker was conversing with Isaac—I came up with Isaac in Camomile-street, he was alone—I asked him if he had been to Leaf and Co.'s, in Old 'Change—he said, "No, I have not;" in good English—I told him he had: I had seen him go in, and seen him leave the warehouse, and followed him up to where I stopped him—he then said he had been in, and showed me the invoice of the goods he had purchased—I asked him if he was accompanied by any one—he told me no, he was not—I told him that he was wrong, for I saw a man and woman in company with him—he said, "Yes, in company with a man, but no woman"—Mr. Cocker was at that time at a distance from me, for I had seen in Cheapside that Isaac and the others were observing him, and I told him to keep back—I then asked Isaac if he would show me where he lived—he told me no, he could not, he had only been two or three days in Eng
<lb/>land, and he intended to leave as soon as he could—I then asked him if he could show me any one who knew him, or any of his friends—he told me no, he could not—he spoke all that in good English—at that time Mr. Cocker came up to me—Isaac was then questioned as to his name and address, but I could not understand what he said afterwards—Mr. Cocker then left, and told me he would be back again in a short time—Isaac then threw himself in a great rage, and told me if I had anything against him to give him into custody, for he would not remain with me—he spoke Eng
<lb/>lish then—I told he must either remain there with me, or accompany me back to the warehouse in Old 'Change—his temper then became milder, and he asked me if I would have a glass of something to drink—he asked for a glass of some spirits, while I remained at the door of the public house—he then accompanied me back to the Old 'Change, where I introduced him to Mr. William Leaf, and other gentlemen of the firm, and he was given into custody.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Were you examined before the Magistrate?
<hi rend="italic">A.</hi> No—I have not mentioned before about the introduction to Mr. William Leaf, and this long conversation—I have between ourselves, but not before the Magistrate—I really cannot say why I was not examined—I was there if I was wanted—I say, deliberately say, that Isaac spoke good English, particularly when he was in a passion.</p>
<p>
<hi rend="smallCaps">MR. CLARKSON</hi>
<hi rend="italic">Q.</hi> I believe you have been in the police?
<hi rend="italic">A.</hi> Yes, I have.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-127" type="witnessName">
<interp inst="t18541218-name-127" type="gender" value="male"/>
<interp inst="t18541218-name-127" type="surname" value="JACKSON"/>
<interp inst="t18541218-name-127" type="given" value="HENRY"/>HENRY JACKSON</persName> </hi> (
<hi rend="italic">police sergeant, H</hi> 11). I searched Adolphe's premises, and found this letter—I then went to No. 12, St. Mark-street; I there found the piece of silk that had been paid for by Isaac—it was delivered to him at Guildhall—I had never seen the prisoners before to my knowledge—I believe Isaac did not say anything to me about lodging at No. 12, St. Mark-street—I only know from information I received from the landlady of Adolphe.</p>
<p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">SAMUEL COCKER</hi>,
<hi rend="italic">Q.</hi> You said while you were speaking to Isaac, you saw the man and woman go by; what distance were you from Holland at that time?
<hi rend="italic">A.</hi> We were all within a yard of each other—we had our faces towards the wall, and Isaac was writing his address—he wrote some characters like short hand; I could not understand it—I do not know what became of that paper; we told him we could not understand that—it was about that time, or within a minute or two of that time, that the man and woman paused—I did not draw Holland's attention to them.</p>
<p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">JAMES HOLLAND</hi>.
<hi rend="italic">Q.</hi> Did Isaac write anything?
<hi rend="italic">A.</hi> He</p>
<xptr type="pageFacsimile" doc="185412180039"/>
<p>scribbled something on a small card; we could not understand it—I do not know what became of it—I put it in my pocket, but in feeling this morning it was gone—I have lost it—it appeared like three strokes at the corner of it, and he held his pencil backwards.</p>
<p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">HENRY PERRIN</hi>.
<hi rend="italic">Q.</hi> During the time those three persons were in the shop did they speak to each other?
<hi rend="italic">A.</hi> Yes—the woman stood behind, Isaac was looking at the goods, and he was, without turning round, speaking to her—the piece of silk was delivered to Isaac's Mends at Guild
<lb/>hall—I saw the paper; I did not see it opened—he had paid for it the day he came; 8
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—I believe the man who is not in custody took that piece away, but Isaac paid for it.</p>
<p>
<hi rend="italic">Adolphe's Defence.</hi> Promiscuously I happened to meet this man and woman that day; the man I knew several months; I always knew him as an honest man; I first got acquainted with him at the Hamburgh coffee house; I was going to the General Post-office about a letter; I met this man and woman; the man asked me if I would buy some German goods; the female had just come from Germany, and brought some with her; I said I would; the man then told the woman she could give me the goods, and I could take them home and see if they would suit me, and in half an hour the man would come to my place; I tied them up in my pocket handkerchief, and went to my door and knocked; the witness came and spoke to me; at the time when the witness charged me, it gave me a shock; I did not think the things were stolen, but I thought the witness might be an officer of Customs, and thought the things were smuggled; I told him they were German goods; I did not think they were stolen; I gave the goods to the witness, and told him he should go with me; I wanted to go to the German coffee house with him, where I might very likely have met this man; in the street the witness threw down the goods and caught hold of me, and called for the assistance of a policeman; the party I know very well, but I did not go to my father's house, because I have a step-mother; we are not friends, and I do business for myself; the party told me at the time he gave me the goods, that I should not say any
<lb/>thing to my father; I thought he would have been at my place in half an hour, and I could have asked him more about them; I did not have the least suspicion that the things were stolen, as they were so publicly given me in the street.</p>
<p>
<hi rend="largeCaps">ISAAC LOWENTHALL</hi>. Aged 54.—
<rs id="t18541218-163-verdict-1" type="verdictDescription">
<interp inst="t18541218-163-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18541218-163-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of Stealing.</hi> </rs> </p>
<p>
<hi rend="largeCaps">ADOLPHE LOWENTHALL</hi>. Aged 30.—
<rs id="t18541218-163-verdict-2" type="verdictDescription">
<interp inst="t18541218-163-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18541218-163-verdict-2" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of Receiving.</hi> </rs> </p>
<p>
<hi rend="italic">
<rs id="t18541218-163-punishment-27" type="punishmentDescription">
<interp inst="t18541218-163-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t18541218-163-punishment-27" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-163-18541218 t18541218-163-punishment-27"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-163-18541218 t18541218-163-punishment-27"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18541218-164">
<interp inst="t18541218-164" type="uri" value="sessionsPapers/18541218"/>
<interp inst="t18541218-164" type="date" value="18541218"/>
<join result="criminalCharge" id="t18541218-164-charge-1" targOrder="Y" targets="def1-164-18541218 t18541218-164-offence-1 t18541218-164-verdict-1"/>
<p>164.
<persName id="def1-164-18541218" type="defendantName">
<interp inst="def1-164-18541218" type="gender" value="male"/>
<interp inst="def1-164-18541218" type="age" value="18"/>
<interp inst="def1-164-18541218" type="surname" value="BELL"/>
<interp inst="def1-164-18541218" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES BELL</hi> </persName>
<rs id="t18541218-164-offence-1" type="offenceDescription">
<interp inst="t18541218-164-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18541218-164-offence-1" type="offenceSubcategory" value="burglary"/>, burglariously breaking and entering the dwelling house of
<persName id="t18541218-name-129" type="victimName">
<interp inst="t18541218-name-129" type="gender" value="male"/>
<interp inst="t18541218-name-129" type="surname" value="JEFFERYS"/>
<interp inst="t18541218-name-129" type="given" value="JAMES"/>
<interp inst="t18541218-name-129" type="occupation" value="optician"/>
<join result="offenceVictim" targOrder="Y" targets="t18541218-164-offence-1 t18541218-name-129"/>James Jefferys</persName>, with intent to steal.</rs> </p>
<p>
<hi rend="smallCaps">MR. SLEIGH</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-130" type="witnessName">
<interp inst="t18541218-name-130" type="gender" value="male"/>
<interp inst="t18541218-name-130" type="surname" value="JEFFERYS"/>
<interp inst="t18541218-name-130" type="given" value="JAMES"/>JAMES JEFFERYS</persName> </hi>. I am an optician, and live at No. 14, Tottenham-court-road. On the night of 14th Dec., I went to bed about half-past 12 o'clock; I had previously secured the doors and windows myself—about 2 o'clock in the morning, ray attention was arrested by the noise of the breaking of a window—I had not gone to sleep—I went into the front room on the first floor—I found one of the panes of the window broken; that window had been fastened, but it had been unfastened and closed again—in going about the room, I perceived something under the table—I felt under the table, and there was a person with a pair of cord trowsers on—I went to my bed room to get some instrument—I went again to the</p>
<xptr type="pageFacsimile" doc="185412180040"/>
<p>front room; I had never lost sight of it—when I got back, the person was lying under the table—I told my boy to light the light, and immediately the person ran and threw up the window, and rolled out on the flat—I saw Mr. Handy at his door, which is opposite to mine—he rushed across at the time, and the prisoner dropped nearly into his arms—to the best of my belief, the prisoner is the person that I found in my room—when he was brought back, he had corduroy trowsers on.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-131" type="witnessName">
<interp inst="t18541218-name-131" type="gender" value="male"/>
<interp inst="t18541218-name-131" type="surname" value="HANDY"/>
<interp inst="t18541218-name-131" type="given" value="HENRY"/>HENRY HANDY</persName> </hi>. I live in Tottenham-court-road, immediately opposite the last witness. About 2 o'clock on that morning I was going into my own house; I heard some person shouting out from the other side—I saw some person inside the window with a nightcap and shirt on, and a person outside the window endeavouring to escape from the house; he dropped down into the street—I did not take hold of him immediately, but I did not lose sight of him—I captured him some dozen or fourteen houses off, and gave him into custody.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-132" type="witnessName">
<interp inst="t18541218-name-132" type="gender" value="male"/>
<interp inst="t18541218-name-132" type="surname" value="GOSTLING"/>
<interp inst="t18541218-name-132" type="given" value="JAMES"/>JAMES GOSTLING</persName> </hi> (
<hi rend="italic">police sergeant, E</hi> 45). I took the prisoner—I found on him this wax taper, and saw him throw something away up Hanway-street.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-133" type="witnessName">
<interp inst="t18541218-name-133" type="gender" value="male"/>
<interp inst="t18541218-name-133" type="surname" value="REILLY"/>
<interp inst="t18541218-name-133" type="given" value="THEODORE"/>THEODORE REILLY</persName> </hi> (
<hi rend="italic">policeman, E</hi> 115). In a place indicated by the last witness, I picked up this screw driver, and I saw another constable pick up this knife and a box of lucifer matches.</p>
<p>
<hi rend="italic">Prisoner.</hi> He put the knife down himself.
<hi rend="italic">Witness.</hi> No, I did not.</p>
<p>
<hi rend="smallCaps">
<rs id="t18541218-164-verdict-1" type="verdictDescription">
<interp inst="t18541218-164-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18541218-164-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.* Aged 18.—
<hi rend="italic">
<rs id="t18541218-164-punishment-28" type="punishmentDescription">
<interp inst="t18541218-164-punishment-28" type="punishmentCategory" value="imprison"/>
<interp inst="t18541218-164-punishment-28" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-164-18541218 t18541218-164-punishment-28"/>Four Years' Penal Servitude.</rs> </hi> </p> </div1>
<p>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Wednesday, December</hi> 20
<hi rend="italic">th</hi>, 1854.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>—Mr. Ald.
<hi rend="smallCaps">HUNTER</hi>; Mr. Ald.
<hi rend="smallCaps">CUBITT</hi>; Mr. Ald.
<hi rend="smallCaps">KENNEDY</hi>; Mr.
<hi rend="smallCaps">COMMON SERJEANT</hi>; and
<hi rend="smallCaps">RUSSELL GURNEY</hi>, Esq.</p>
<p>
<hi rend="italic">Before Russell Gurney, Esq., and the Seventh Jury.</hi> </p>
<div1 type="trialAccount" id="t18541218-165">
<interp inst="t18541218-165" type="uri" value="sessionsPapers/18541218"/>
<interp inst="t18541218-165" type="date" value="18541218"/>
<join result="criminalCharge" id="t18541218-165-charge-1" targOrder="Y" targets="def1-165-18541218 t18541218-165-offence-1 t18541218-165-verdict-1"/>
<p>165.
<persName id="def1-165-18541218" type="defendantName">
<interp inst="def1-165-18541218" type="gender" value="male"/>
<interp inst="def1-165-18541218" type="age" value="25"/>
<interp inst="def1-165-18541218" type="surname" value="HIGGS"/>
<interp inst="def1-165-18541218" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS HIGGS</hi> </persName>
<rs id="t18541218-165-offence-1" type="offenceDescription">
<interp inst="t18541218-165-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18541218-165-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, stealing 3 printed books, 100 sheets of printed paper, 41 engravings, and 32 other books, value 1
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>.; the goods of
<persName id="t18541218-name-135" type="victimName">
<interp inst="t18541218-name-135" type="gender" value="male"/>
<interp inst="t18541218-name-135" type="surname" value="ROUTLEDGE"/>
<interp inst="t18541218-name-135" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18541218-165-offence-1 t18541218-name-135"/>George Routledge</persName>, and others, his masters: to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18541218-165-verdict-1" type="verdictDescription">
<interp inst="t18541218-165-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18541218-165-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 25.—
<hi rend="italic">
<rs id="t18541218-165-punishment-29" type="punishmentDescription">
<interp inst="t18541218-165-punishment-29" type="punishmentCategory" value="imprison"/>
<interp inst="t18541218-165-punishment-29" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-165-18541218 t18541218-165-punishment-29"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18541218-166">
<interp inst="t18541218-166" type="uri" value="sessionsPapers/18541218"/>
<interp inst="t18541218-166" type="date" value="18541218"/>
<join result="criminalCharge" id="t18541218-166-charge-1" targOrder="Y" targets="def1-166-18541218 t18541218-166-offence-1 t18541218-166-verdict-1"/>
<join result="criminalCharge" id="t18541218-166-charge-2" targOrder="Y" targets="def2-166-18541218 t18541218-166-offence-1 t18541218-166-verdict-1"/>
<p>166.
<persName id="def1-166-18541218" type="defendantName">
<interp inst="def1-166-18541218" type="gender" value="male"/>
<interp inst="def1-166-18541218" type="age" value="24"/>
<interp inst="def1-166-18541218" type="surname" value="CRAIG"/>
<interp inst="def1-166-18541218" type="given" value="WALTER"/>
<interp inst="def1-166-18541218" type="occupation" value="soldier"/>
<hi rend="largeCaps">WALTER CRAIG</hi> </persName> (a soldier), and
<persName id="def2-166-18541218" type="defendantName">
<interp inst="def2-166-18541218" type="gender" value="male"/>
<interp inst="def2-166-18541218" type="age" value="24"/>
<interp inst="def2-166-18541218" type="surname" value="M'GINN"/>
<interp inst="def2-166-18541218" type="given" value="BENJAMIN"/>
<hi rend="largeCaps">BENJAMIN M'GINN</hi> </persName> were indicted for
<rs id="t18541218-166-offence-1" type="offenceDescription">
<interp inst="t18541218-166-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18541218-166-offence-1" type="offenceSubcategory" value="fraud"/> unlawfully obtaining money under false pretences.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. BODKIN</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">CLERK</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-138" type="witnessName">
<interp inst="t18541218-name-138" type="gender" value="male"/>
<interp inst="t18541218-name-138" type="surname" value="SMART"/>
<interp inst="t18541218-name-138" type="given" value="HENRY"/>HENRY SMART</persName> </hi>. I am a sergeant, in the 43rd Regiment of Foot—the regiment is in the East Indies; the depot is at Chatham. At the com
<lb/>mencement of this month I was employed in the recruiting service, in London—it was my duty to billet certain recruits in the neighbourhood of Chelsea—Craig was assisting me—he is a private, in the 43rd—he can write pretty well—he signed the recruits' names on each of these billet forms (
<hi rend="italic">produced</hi>)—these are got from the police station—there are no names on them when they are given at the police station—(
<hi rend="italic">Form read:</hi> "To the landlord of——public house. You are hereby required to find quarters for two recruits, of various regiments, for one night")—the names are put on the back—that was what Craig was assisting me in doing—I had entrusted him with some of the papers; he carried them in his hands, he being a scholar and I being none—it was about half-past 5 or 6 o'clock</p>
<xptr type="pageFacsimile" doc="185412180041"/>
<p>that I was employed in billeting the recruits; I am not sure—it was the duty of Craig to have returned me the papers in his possession when he had finished billeting the recruits—I recollect he gave me back some papers on that day, about half-past 5 or 6 o'clock—M'Ginn was a recruit being billeted that day—he was billeted at the Prince of Wales, Briton-street, Chelsea—Craig was present when I billeted M'Ginn—there was another recruit billeted at the same time—under that billet, M'Ginn and the other recruit would be entitled to remain the night at the Prince of Wales—I left Craig, and the recruits who were billeted on the Prince of Wales, at the Prince of Wales—that was about half-past 5 or 6 o'clock—M'Ginn was the last billet I made—they were eating some bread and cheese when I left them, and I had a small piece with them—I left Craig in the house; he did not come away with me—it was in the house that Craig gave me the billeting papers, when I asked him for them—Craig had no authority from me to billet any recruits when I left him—he was under my authority that day—I had no more recruits to billet after that, on that day—the name of the other recruit I billeted with M'Ginn, I think, was Powell, or Power; I am not exactly sure—I did not see him again that day.</p>
<p>
<hi rend="italic">Craig. Q.</hi> You said you billeted this man at that house; did you billet him before I was there?
<hi rend="italic">A.</hi> You were with me—I can swear he is the man I billeted at that house—I left him and another in the house—there were four others—there were no more than two recruits in the tap room—it was near 6 o'clock when I left you—you served the billet—you wrote the name on the back of the paper—I swear that is the man, and that is the billet—I believe I started from Charles-street with thirty-eight men—I am not sure how many billets I had—I took nine or ten billets to Chelsea; I am not sure which—it would take twenty-one billets for forty-two men—the house was closed—I had two billets to serve on two public houses.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Do I understand you to say you do not know how many billeting papers you carried from Charles-street?
<hi rend="italic">A.</hi> No, not exactly; I do not know how many I had.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-139" type="witnessName">
<interp inst="t18541218-name-139" type="gender" value="female"/>
<interp inst="t18541218-name-139" type="surname" value="HUGHES"/>
<interp inst="t18541218-name-139" type="given" value="ELIZABETH"/>ELIZABETH HUGHES</persName> </hi>. I am the wife of Mr. Robert Hughes; he keeps the Princess of Wales, not the Prince of Wales, in Charles-street, Chelsea. On Monday evening, 4th Dec., the two prisoners came into my house—there was another man with them, taller; he is not here—Craig handed me a billeting paper—that is it (
<hi rend="italic">produced</hi>)—he was dressed as a soldier, just as he is now—M'Ginn was also dressed as he is now—when he handed me the billeting paper he told me he had brought two recruits for beds; that is all—I think it was between 6 and 7 o'clock in the evening, as near as I can guess—they were to have beds one night—he wrote something on the back, and gave me that paper—(
<hi rend="italic">read:</hi> "Sergeant James, police constable, to the landlord of the Princess of Wales, Charles-street, Chelsea. You are hereby required to find quarters for two recruits, of various regiments, for one night. Dec. 4th, 1854.")—I told him I was sorry my house was full—I said I would give them a shilling, which they gladly accepted, and went away—Craig did not say anything—he asked the men whether they would take it—they accepted it, and went away directly—I put the shilling on the counter; I had occasion to go away and serve some customers; I do not know who took it up—it was sixpence for this man, and sixpence for the tall man, not here—upon that Craig wrote this on the back, "Paid out Walter Craig, 43rd Regiment"—I should not have given the shilling, if I had not been told that the men were entitled to sleep in my house—they were sober—Craig was also quite sober.</p>
<xptr type="pageFacsimile" doc="185412180042"/>
<p>
<hi rend="italic">Craig.</hi> It was 25 minutes after 5 o'clock when I delivered your billet; the sergeant was not there then.
<hi rend="italic">Witness.</hi> I do not exactly know the time—it might have been before 6 o'clock—I do not think it was so early as 25 minutes past 5 o'clock—I am not positive it was not so early.</p>
<p>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> Was no sergeant present?
<hi rend="italic">A.</hi> No—I am quite sure of that.</p>
<p>
<hi rend="italic">Craig. Q.</hi> Had I anything in my hands when I came in?
<hi rend="italic">A.</hi> Not that I am aware of—I saw nothing in your hands but the papers—you went away instantly I said my house was full—you did not ask me for any money—I volunteered to give it to you.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Are you sure that is the man who was with him?
<hi rend="italic">A.</hi> Quite sure.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-140" type="witnessName">
<interp inst="t18541218-name-140" type="gender" value="male"/>
<interp inst="t18541218-name-140" type="surname" value="JOCOBS"/>
<interp inst="t18541218-name-140" type="given" value="WILLIAM"/>WILLIAM JOCOBS</persName> </hi>. I keep the Cornwall Arms beer shop, in Park-walk, Chelsea. On Monday, the 4th, Craig and two other men came to my house—one of the other men was taller—I cannot say what time of the day it was, as near 8 o'clock as possible—I am sure it was after 7 o'clock—Craig produced a paper to my wife—I saw it—he stated it was a billet for two recruits—my wife complained against it, because we had two recruits a fortnight before—I called Craig, to speak to him, into a small room, my back parlour—I told him it was very hard for them to be billeted on a beer house—I then asked him if he was billeting men in the neighbourhood, and mentioned some houses—he said he had billeted two men at the Gunter's Arms, below—my wife, to make sure of that, put on her bonnet and went down to the Gunter's Arms—I did not refuse to billet the men in conse
<lb/>quence of what my wife told me—I told them I had a good bed for them, and I should bed them—Craig said upon that, "Well, you had better give them 6
<hi rend="italic">d</hi>. each, and I will take them back to Charles-street, Westminster, with me; they will be satisfied with that"—I refused—I said I would not pay the money when I had a good spare bed for them—at the time Craig said, "You had better give them 6
<hi rend="italic">d</hi>. each" the other men were not present—they could not hear what was said—something was said by one of the three men as to what time I closed my house—Craig said, "What time do you close?"—I said, "A quarter to 11 o'clock; if you come here after 11 o'clock I cannot admit you"—they then left my house, and I followed them to the William the Fourth, at the corner of Park-walk—they went in there—I saw them come out—I went and spoke to the landlord—having received information from him I still followed the prisoners—I followed them to the Victoria Tavern—I saw them, all go in there—I then went to the station—I gave information to the inspector and sergeant Marshall—Marshall accompanied me to Victoria Tavern—I found there the soldier, the other prisoner, and the other man—the sergeant took them into custody.</p>
<p>
<hi rend="italic">Craig. Q.</hi> Were you in front of the bar when I brought the billets in?
<hi rend="italic">A.</hi> In the bar parlour—I am not the party you presented the billet to—it was to my wife—she said, when you presented the billet, it was very hard to have recruits billeted on us so frequently.</p>
<p>
<hi rend="italic">Q.</hi> In your deposition before the Magistrate, you stated that you heard your wife ask me if I had served any on the Gunter's Arms?
<hi rend="italic">A.</hi> I did—your answer was not that you knew there were some billets for that house, but not served by you, you said you had served two billets there—I was not so far from the recruits when I heard this conversation as I am from you—of course I was in the place apart from the bar—I could hear everything stated there—my wife did not refuse to take them in—she went outside and got a policeman, and refused before him to take them in—she</p>
<xptr type="pageFacsimile" doc="185412180043"/>
<p>did not refuse before the police came—it was not that there was a bother at all, it was through me—you were very tipsy when you came in—10 minutes past 8 o'clock was the time he was there.</p>
<p>
<hi rend="smallCaps">MR. CLARK</hi>.
<hi rend="italic">Q.</hi> How long were they in your house altogether?
<hi rend="italic">A.</hi> I should say half an hour—I could not get rid of them—Craig was tipsy—the others had scarcely anything.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-141" type="witnessName">
<interp inst="t18541218-name-141" type="gender" value="male"/>
<interp inst="t18541218-name-141" type="surname" value="BUDD"/>
<interp inst="t18541218-name-141" type="given" value="CHARLES"/>CHARLES BUDD</persName> </hi>. I keep the William the Fourth, Park-walk, Chelsea. On Monday evening, the 4th, these two men and another came to my house—it was about a quarter or 20 minutes past 8 o'clock, as near as I can guess—I am certain it was past 8 o'clock—the other man was a tall man—neither of the recruits spoke to me, it was the soldier—he brought this billet paper—he spoke to my wife—my house is also called Bath House—(
<hi rend="italic">read:</hi> "To the Landlord of the William the Fourth, Bath and Bristol House,—You are hereby required to find quarters for two recruits, of various regiments, for one night. 4th Dec., 1854.")—he gave the paper into into wife's hand, and said he had brought two men for the night—I was at the bar door—my wife handed the paper to me—I said, "Very well; let them go into the tap room"—they said, "We are going to sit down out here"—I desired them to go into the tap room, and they went—Craig came out of the tap room, and went into the bar parlour—he spoke to my wife, and said, "You had better pay them out; they have been knocking about for eight or ten days, and are not so clean as they should be"—my wife said she had a bed up stairs, and they could sleep there—he said, "You had better pay them out"—after the statement about their being dirty, I put my hand in my pocket, and took out a shilling, and put it on the counter—Craig pushed the shilling towards the two recruits, and they picked it up; which, I cannot say—Craig said, "Give them 6
<hi rend="italic">d</hi>., and I will take them back to Westminster"—when I paid the money, he wrote on the back, "Paid out Barnton and M'Ginn."</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-142" type="witnessName">
<interp inst="t18541218-name-142" type="gender" value="male"/>
<interp inst="t18541218-name-142" type="surname" value="KIDDOW"/>
<interp inst="t18541218-name-142" type="given" value="WILLIAM"/>WILLIAM KIDDOW</persName> </hi>. I keep the Victoria Tavern,
<hi rend="italic">Chelsea.</hi> On the night of the 4th, the two prisoners came to my house—there was another, taller man—it was about twenty minutes or a quarter to 9 o'clock—Craig pro
<lb/>duced a billeting paper—upon looking at it, I observed it was in an unusual way; the names of the recruits were not on the paper—Craig asked me for a pen and ink—he then wrote on the back of the paper the names M'Ginn and Bennett—M'Ginn was one of the other two men—Craig also signed his name at the bottom, "Walter Craig, 43rd"—when he wrote those names, I said it was very inconvenient for me to take them in, and I would give them a shilling to go to Westminster and get a bed—they consented, and I put a shilling down on the counter—one of the recruits took it up; I believe the tall man, who has disappeared—I gave them a pint of beer, and they said they were hungry, and I gave them bread and cheese—they were all sober, except the soldier—while they were eating the bread and cheese, Jacobs and the police sergeant came in, and took the prisoners into custody there.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-143" type="witnessName">
<interp inst="t18541218-name-143" type="gender" value="male"/>
<interp inst="t18541218-name-143" type="surname" value="MARSHALL"/>
<interp inst="t18541218-name-143" type="given" value="JOHN"/>JOHN MARSHALL</persName> </hi> (
<hi rend="italic">police sergeant, V</hi> 12). On the 4th I received informa
<lb/>tion from Jacobs which induced me to go to the Victoria, Tavern—it was exactly half past 8 o'clock. by the clock at the station—I found Craig at the bar—I asked him if he had not been billeting recruits; he said yes, he had billeted two there, meaning the Victoria Tavern—I asked him if he had not billeted some elsewhere—he said, "Yes, several"—I asked him if he had not billeted some at Mr. Budd's, the William the Fourth—he said, "Yes, two"—these two men, M'Ginn and the other, came out of the tap room—I asked him if they were not the two he billeted at the William the Fourth—he said, "No, they were not; they were two others"—the land-lord</p>
<xptr type="pageFacsimile" doc="185412180044"/>
<p>said in his presence that he gave them a shilling—I went up with Craig and M'Ginn to the William the Fourth; the tall one stepped aside for a necessary purpose, and made his escape; he went across the fields—I took the other two to the William the Fourth—the landlord at once identified them—at the police station I searched Craig—I found this billeting paper upon him (
<hi rend="italic">produced</hi>)—that was issued out to the Coach and Horses; upon inquiry I found that that house was burned down some time ago—there was no such house there—it was an error of the sergeant—I found nothing else, except some money—Craig was very drunk; the others were drunk, but not so bad.</p>
<p>
<hi rend="italic">Craig. Q.</hi> Is it probable, or possible, for me to get these billeting papers without being properly issued out at the police station?
<hi rend="italic">A.</hi> I do not know that it is—there were no blank ones served out at the police station—all the papers I found were in your hands—I do not know that you were com
<lb/>manded by the adjutant to go down for these billets.</p>
<p>
<hi rend="smallCaps">MR. BODKIN</hi>
<hi rend="italic">Q.</hi> You say there are no blank ones; they are blank as to names there are no names when they are issued?
<hi rend="italic">A.</hi> No—they are issued to the landlord of such a house, and there is the name of the land-lord and sign of the house.</p>
<p>
<hi rend="smallCaps">MR. BODKIN</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">HENRY SMART</hi>.
<hi rend="italic">Q.</hi> Who applied at the police station for the billets, you, or Craig?
<hi rend="italic">A.</hi> Craig—a private or corporal goes every day for them, and brings them to me—it was his duty to give up those he had not used.</p>
<p>(
<hi rend="italic">Smart stated that he had known nothing against Craig since he enlisted; and he believed he bore a good character at the depot, Chatham.</hi>)</p>
<p>
<hi rend="largeCaps">CRAIG</hi>
<hi rend="smallCaps">
<rs id="t18541218-166-verdict-1" type="verdictDescription">
<interp inst="t18541218-166-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18541218-166-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 24.—
<hi rend="italic">
<rs id="t18541218-166-punishment-30" type="punishmentDescription">
<interp inst="t18541218-166-punishment-30" type="punishmentCategory" value="imprison"/>
<interp inst="t18541218-166-punishment-30" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-166-18541218 t18541218-166-punishment-30"/>Confined Nine Months</rs>.</hi> </p>
<p>
<hi rend="largeCaps">M'GINN</hi>
<hi rend="smallCaps">
<rs id="t18541218-166-verdict-1" type="verdictDescription">
<interp inst="t18541218-166-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18541218-166-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 24.—
<hi rend="italic">
<rs id="t18541218-166-punishment-31" type="punishmentDescription">
<interp inst="t18541218-166-punishment-31" type="punishmentCategory" value="imprison"/>
<interp inst="t18541218-166-punishment-31" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-166-18541218 t18541218-166-punishment-31"/>Confined Three Months</rs>.</hi> </p>
<p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p> </div1>
<div1 type="trialAccount" id="t18541218-167">
<interp inst="t18541218-167" type="uri" value="sessionsPapers/18541218"/>
<interp inst="t18541218-167" type="date" value="18541218"/>
<join result="criminalCharge" id="t18541218-167-charge-1" targOrder="Y" targets="def1-167-18541218 t18541218-167-offence-1 t18541218-167-verdict-1"/>
<join result="criminalCharge" id="t18541218-167-charge-2" targOrder="Y" targets="def2-167-18541218 t18541218-167-offence-1 t18541218-167-verdict-1"/>
<p>167.
<persName id="def1-167-18541218" type="defendantName">
<interp inst="def1-167-18541218" type="gender" value="male"/>
<interp inst="def1-167-18541218" type="age" value="28"/>
<interp inst="def1-167-18541218" type="surname" value="LAVELL"/>
<interp inst="def1-167-18541218" type="given" value="MICHAEL"/>
<hi rend="largeCaps">MICHAEL LAVELL</hi> </persName> and
<persName id="def2-167-18541218" type="defendantName">
<interp inst="def2-167-18541218" type="gender" value="male"/>
<interp inst="def2-167-18541218" type="age" value="27"/>
<interp inst="def2-167-18541218" type="surname" value="JONES"/>
<interp inst="def2-167-18541218" type="given" value="ALFRED GEORGE"/>
<hi rend="largeCaps">ALFRED GEORGE JONES</hi> </persName>
<rs id="t18541218-167-offence-1" type="offenceDescription">
<interp inst="t18541218-167-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18541218-167-offence-1" type="offenceSubcategory" value="burglary"/>, bur
<lb/>glariously breaking and entering the dwelling house of
<persName id="t18541218-name-146" type="victimName">
<interp inst="t18541218-name-146" type="gender" value="male"/>
<interp inst="t18541218-name-146" type="surname" value="WILLIAMS"/>
<interp inst="t18541218-name-146" type="given" value="ROBERT ROBERT"/>
<interp inst="t18541218-name-146" type="occupation" value="woollen factor"/>
<join result="offenceVictim" targOrder="Y" targets="t18541218-167-offence-1 t18541218-name-146"/>Robert Robert Williams</persName> and another, and stealing 300 yards of cloth, value 80
<hi rend="italic">l</hi>.; their property.</rs> </p>
<p>
<hi rend="smallCaps">MR. ROBINSON</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-147" type="witnessName">
<interp inst="t18541218-name-147" type="gender" value="male"/>
<interp inst="t18541218-name-147" type="surname" value="WILLIAMS"/>
<interp inst="t18541218-name-147" type="given" value="ROBERT ROBERT"/>ROBERT ROBERT WILLIAMS</persName> </hi>. I carry on business at No. 28, Basinghall-street; I am a woollen factor. These goods (
<hi rend="italic">looking at several bales</hi>) I am quite satisfied are mine; all my private marks are on them—the value of them is 86
<hi rend="italic">l</hi>.—I saw them quite safe on Friday night, the 1st Dec.—my son closed the warehouse—I did not see them—the next morning I was called upon at my private house to come at once, as I was wanted very particularly at Basinghall-street—I went to the station, and I said, "All these goods are mine;" I went home and took the numbers and lengths—I found the skylight had been broken—I found all the door locks wrenched off—the warehouse was not much disturbed; they had packed the goods there—in my judgment, they had got through the skylight—I saw it quite safe the night before.</p>
<p>
<hi rend="smallCaps">MRS. JONES</hi>. I am the housekeeper at Mr. Williams's, at No. 28, Basing
<lb/>hall-street; I live in the house by myself at night. On this night, at 9 o'clock, the door was locked; at 6 o'clock the next morning I found the locks wrenched off.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-148" type="witnessName">
<interp inst="t18541218-name-148" type="gender" value="male"/>
<interp inst="t18541218-name-148" type="surname" value="WILLIAMS"/>
<interp inst="t18541218-name-148" type="given" value="THOMAS"/>THOMAS WILLIAMS</persName> </hi>. I am the son of Robert Robert Williams. I left the premises a few minutes after 6 o'clock on the night of Friday—these goods (
<hi rend="italic">looking at them</hi>) were quite safe.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-149" type="witnessName">
<interp inst="t18541218-name-149" type="gender" value="male"/>
<interp inst="t18541218-name-149" type="surname" value="FRANKLIN"/>
<interp inst="t18541218-name-149" type="given" value="BENJAMIN"/>BENJAMIN FRANKLIN</persName> </hi>. I am in the employ of Messrs. Britten, of Basing-hall-street,</p>
<xptr type="pageFacsimile" doc="185412180045"/>
<p>cloth workers. There is a place called Church-passage, leading into Basinghall-street from Aldermanbury—I was coming through Church-passage at about a quarter to 6 o'clock on Friday, the 2nd—I heard a barrow coming along, to go into Basinghall-street; I saw the barrow stop at Mr. Williams's—when the barrow stopped, I saw some men putting something in; I did not see their faces—I could not swear to the men—they were bringing the things out of Mr. Williams's passage—as far as I can judge, these are the things (
<hi rend="italic">looking at them</hi>)—I then went and gave information to a policeman.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. O'BRIEN</hi>.
<hi rend="italic">Q.</hi> Could you say if either of these men were there?
<hi rend="italic">A.</hi> No, Sir.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-150" type="witnessName">
<interp inst="t18541218-name-150" type="gender" value="male"/>
<interp inst="t18541218-name-150" type="surname" value="GINN"/>
<interp inst="t18541218-name-150" type="given" value="HENRY"/>HENRY GINN</persName> </hi> (
<hi rend="italic">City policeman</hi>, 166). At a quarter to 6 o'clock, on the morning of the 2nd, Franklin gave me some information—in consequence of that, I went into Basinghall-street—I saw there a barrow, with some cloth in it, drawn by Lavell—these are the bales—Lavell was driving the barrow along—he was behind it, driving it along in front—it was a fishmonger's barrow—that was near the end of Basinghall-street, about 100 yards from Mr. Williams's premises—I took the prisoner into custody, and took the barrow and cloth to the station—at the station the prisoner said he was employed by two men to take these goods to the Eastern Counties Railway, and he was to have 30
<hi rend="italic">s</hi>. or 2
<hi rend="italic">l</hi>. for the job—he told me where he lived, No. 19, Newton-street, Holborn, which was false—I made inquiries, and he did not live there.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> You have said, "which was false;" this man gave you his name as Lavell, did he not?
<hi rend="italic">A.</hi> Yes; I did not find that false—he gave me an address, No. 19, Newton-street, Holborn, which I say was false; he did not live there—he had lived there about a month ago—I found that he had lived there within a very short time—his sister was residing there—I do not know that there were any other members of his family—his family were residing there, and he had been living there himself shortly before—that is what I call giving a false address.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-151" type="witnessName">
<interp inst="t18541218-name-151" type="gender" value="male"/>
<interp inst="t18541218-name-151" type="surname" value="MILLER"/>
<interp inst="t18541218-name-151" type="given" value="JOHN"/>JOHN MILLER</persName> </hi> (
<hi rend="italic">City police-sergeant</hi>, 99). On the morning of 2nd Dec. I went to Mr. Williams's warehouse—I took up a screwdriver, and a piece of taper—I found corresponding marks to the screwdriver on the premises—I found a desk had been broken open.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-152" type="witnessName">
<interp inst="t18541218-name-152" type="gender" value="male"/>
<interp inst="t18541218-name-152" type="surname" value="PAKEMAN"/>
<interp inst="t18541218-name-152" type="given" value="ROBERT"/>ROBERT PAKEMAN</persName> </hi> (
<hi rend="italic">City policeman</hi>, 133). After Lavell was given into custody on Saturday, I received certain instructions; in consequence of which, on Monday morning, I watched in the Old Bailey—I saw the other prisoner come out of Newgate—he then joined a female—I had not seen her previously—I followed them to the King's Head, Leather-lane—I waited outside a few minutes, and then went in—they had a half quartern of gin drinking—I asked Jones his name—he said it was Brown, and he lived at No. 45, Baldwin's-gardens—when I spoke to him, the woman left the public house as quickly as she could—I then told Jones I was a police con
<lb/>stable, and that a burglary had been committed in Basinghall-street on Friday evening or Saturday morning, and he answered the description of a man spoken to, as being there at that time—he said he knew nothing about the robbery; he was ill with a sore throat from Thursday until Saturday evening; he was at home, and not out of doors—I asked him why the woman had run away—he said he could not account for it; he did not know why she ran away, and did not know anything about the robbery—I asked who the woman was—he said he did not know much about her; she merely asked him to take some gin with her—it was about 2 o'clock, on</p>
<xptr type="pageFacsimile" doc="185412180046"/>
<p>Monday, the 4th—I then said, "You know more about the woman than you say; you have been speaking together, and you came in here together "—he said, "Yes; I have known her some time; she asked me to go to Newgate to see a friend of hers, of the name of Lavell"—he said that he had been to Newgate to see Lavell, and that he wanted a clean shirt; he did not know anything about Lavell, and scarcely knew his name—he said he told the turnkey that Lavell was his brother-in-law, but that there was no relationship—I took him to the station—he was there seen by some of the witnesses here to-day—they said, in his presence, that he was one of the two men that ran away at the time the other prisoner was captured with the cloth—I have nothing further to say upon the matter.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. O'BRIEN</hi>.
<hi rend="italic">Q.</hi> There was a man named Bennett taken?
<hi rend="italic">A.</hi> There was—I took him—he was discharged—I was not dressed as a policeman, but in plain clothes—I asked Jones a good many questions—I did not tell him he must know the woman; I said, "You know more about her"—I did not put these questions to get information, that I might turn the answers against him—I did it in consequence of the woman running away; it made it appear guilty knowledge—it was about the woman I was inquiring—I do not mean to swear it was for the purpose of obtaining information about the woman—she ran away, and it excited my suspicion that she was a guilty party—she left the house—I did not leave—she did run away—it was not to obtain information about the woman that I asked him his name—I asked his address—that was No. 45, Baldwin's-gardens—I went there on the following morning—I found that the correct address—the woman had asked him to go to the prison, and that he was to say he was Lavell the prisoner's brother-in-law—it might be that persons sometimes represent themselves as relations of prisoners in order to get access to them—I do not know that it is so.</p>
<p>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> I believe, when you went to the public house, you stated you were a policeman?
<hi rend="italic">A.</hi> I did—I afterwards saw the witness Lamb view the truck—it was the truck that contained these things.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-153" type="witnessName">
<interp inst="t18541218-name-153" type="gender" value="female"/>
<interp inst="t18541218-name-153" type="surname" value="DUNBAR"/>
<interp inst="t18541218-name-153" type="given" value="SOPIA"/>SOPIA DUNBAR</persName> </hi>. I am the wife of Mr. George Dunbar, who keeps the Crown public house, Basinghall-street. I was at Sadler's-wells Theatre on Friday night—I returned home about 10 minutes to 12 o'clock—I saw a man standing at the corner of Church-passage, Basinghall-street—that man resembles the face of the man I saw (
<hi rend="italic">pointing to Jones</hi>)—I could not swear—he has every appearance of the man I saw—I was looking behind on account of my daughter, because I thought, from the position he placed himself in, he might insult her—that was the whole reason my attention was drawn to him.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. O'BRIEN</hi>.
<hi rend="italic">Q.</hi> I understand you he resembles the face of the man?
<hi rend="italic">A.</hi> Yes—he was in custody the next time I saw him—that was on Monday, at the station—he was placed quite alone when I saw him.</p>
<p>
<hi rend="smallCaps">
<persName id="t18541218-name-154" type="witnessName">
<interp inst="t18541218-name-154" type="gender" value="male"/>
<interp inst="t18541218-name-154" type="surname" value="FIELD"/>
<interp inst="t18541218-name-154" type="given" value="JOHN"/>JOHN FIELD</persName> </hi>. I am in the employ of Messrs. Britten, No. 21, Basing
<lb/>hall-street. On Saturday morning, about 10 minutes to 6 o'clock, Benjamin Franklin gave me some information—from that, I went out towards Church-passage—I saw two men there—the one in the drab coat (
<hi rend="italic">Jones</hi>) is the one, and the other is the other—perhaps I have not said quite correct—I saw the one in a drab coat, and another one.</p>
<p>
<hi rend="smallCaps">COURT</hi>.