<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<hi rend="largeCaps">MOON, MAYOR. ELEVENTH SESSION</hi>.</p>
<hi rend="italic">A star</hi> (*)
<hi rend="italic">denotes that prisoners have been previously in custody—two stars</hi> (**)
<hi rend="italic">that they have been more than once in custody—an obelisk</hi> (†)
<hi rend="italic">that they are known to be the associates of bad characters.</hi> </p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Monday, September</hi> 17
<hi rend="italic">th</hi>, 1855.</p>
<hi rend="largeCaps">PRESENT</hi>—The Right Hon. the
<hi rend="largeCaps">LORD MAYOR</hi>; Mr. Ald.
<hi rend="smallCaps">FARE
<lb/>BROTHER</hi>; Mr. Ald.
<hi rend="smallCaps">HUNTER</hi>; Mr.
<hi rend="smallCaps">RECORDER</hi>; and Mr. Ald.
<hi rend="smallCaps">KENNEDY</hi>.</p>
<hi rend="italic">Before Mr. Recorder and the First Jury</hi>.</p>
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<hi rend="largeCaps">HENRY ROBERT MENDHAM</hi> </persName> was indicted
<rs id="t18550917-841-offence-1" type="offenceDescription">
<interp inst="t18550917-841-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18550917-841-offence-1" type="offenceSubcategory" value="embezzlement"/> for embezzling the sums of 1
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>., 8
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>., and 1
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.; the moneys of
<persName id="t18550917-name-2" type="victimName">
<interp inst="t18550917-name-2" type="gender" value="male"/>
<interp inst="t18550917-name-2" type="surname" value="MARTIN"/>
<interp inst="t18550917-name-2" type="given" value="SAMUEL"/>
<join result="offenceVictim" targOrder="Y" targets="t18550917-841-offence-1 t18550917-name-2"/>Samuel Martin</persName>, his master: to which he</rs> </p>
<hi rend="smallCaps">
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<interp inst="t18550917-841-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18550917-841-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 23.—
<hi rend="italic">Recommended to mercy</hi>.—
<hi rend="italic">
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<interp inst="t18550917-841-punishment-1" type="punishmentCategory" value="imprison"/>
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<join result="defendantPunishment" targOrder="Y" targets="def1-841-18550917 t18550917-841-punishment-1"/>Confined four Months</rs> </hi>.</p> </div1>
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<interp inst="def1-842-18550917" type="age" value="22"/>
<interp inst="def1-842-18550917" type="surname" value="JONES"/>
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<hi rend="largeCaps">WILLIAM JONES</hi> </persName>
<rs id="t18550917-842-offence-1" type="offenceDescription">
<interp inst="t18550917-842-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18550917-842-offence-1" type="offenceSubcategory" value="pocketpicking"/>, stealing a purse, 3 half crowns, and 4 penny pieces; the property of
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<interp inst="t18550917-name-4" type="gender" value="male"/>
<interp inst="t18550917-name-4" type="surname" value="HARPER"/>
<interp inst="t18550917-name-4" type="given" value="ROBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t18550917-842-offence-1 t18550917-name-4"/>Robert Harper</persName>, from the person of Charlotte Harper: to which he</rs> </p>
<hi rend="smallCaps">
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<interp inst="t18550917-842-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18550917-842-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 22.—
<hi rend="italic">
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<interp inst="t18550917-842-punishment-2" type="punishmentCategory" value="imprison"/>
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<join result="defendantPunishment" targOrder="Y" targets="def1-842-18550917 t18550917-842-punishment-2"/>Confined Four Months</rs> </hi>.</p> </div1>
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<hi rend="largeCaps">JOHN HOWSE</hi> </persName>
<rs id="t18550917-843-offence-1" type="offenceDescription">
<interp inst="t18550917-843-offence-1" type="offenceCategory" value="damage"/>
<interp inst="t18550917-843-offence-1" type="offenceSubcategory" value="other"/>, unlawfully damaging a certain model in
<placeName id="t18550917-geo-1">
<join result="offencePlace" targOrder="Y" targets="t18550917-843-offence-1 t18550917-geo-1"/>Hampton Court Palace</placeName>.</rs> </p>
<hi rend="smallCaps">MR. BODKIN</hi>
<hi rend="italic">conducted the Prosecution</hi>.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-6" type="witnessName">
<interp inst="t18550917-name-6" type="gender" value="female"/>
<interp inst="t18550917-name-6" type="surname" value="THIRKETTLE"/>
<interp inst="t18550917-name-6" type="given" value="VIRTUE"/>VIRTUE THIRKETTLE</persName> </hi>. I am an attendant at Hampton Court Palace. It is my duty to attend in the withdrawing room—that is a place where articles are placed, to see which the public are admitted by permission of the Queen—there is a model in that room of the Palace of Moorshelabad at Bengal—it is very large—(
<hi rend="italic">looking at a drawing</hi>) this correctly represents the rear and portico of it—it is an object of curiosity, and is kept there as such—on 20th Aug., between 1 and 2 o'clock in the afternoon, I was in a small room adjoining the withdrawing room, having my dinner—I heard some footsteps in the withdrawing room, and opened the door—I had a very good sight of the model—I saw only one person near it; that was the prisoner—he walked up to the model, and put his hand on a piece of the wire which represents the balcony railing of the palace, and felt it—he took his hand off, and then put it on again directly, and pulled the piece of wire</p>
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<p>from between the columns, and put it into Ms pocket—this is it (
<hi rend="italic">produced</hi>)—it was between four and five feet from the ground—his arm was about level with it—he put it into his pocket, and walked away—I put on my hat, and walked quickly after him—he went down the stairs, into the quadrangle before I overtook him—he walked down by himself—there was no person with him—there were some persons talking to him—I stopped him in the yard, and told him I wanted him—he said, "What for?"—I said, "For breaking a piece of the railing off the model; you have got it in your pocket; give it to me; if you don't, I shall take it from you"—he put his hand into his pocket, took it out, and said, "Is this it?"—I said, "Yes"—he said, "I found it lying on the boards"—I said he must go before the superintendent of the Palace, I had nothing more to do with it—he was then given into custody—I am sure this piece of wire was not lying on the boards; it was fastened to the model, and was torn from it—the prisoner appeared to have been drinking.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PLATT</hi>.
<hi rend="italic">Q.</hi> How soon before this happened had you seen the model, to look at it?
<hi rend="italic">A.</hi> Perhaps half an hour; in fact, I had passed it as I was going in to have my dinner, which was much less than that—I am sure the railing was perfectly safe then—it is a very small portion—the model has been there many years—perhaps there had been 500 persons in the room during the morning—there was nothing strange about the prisoner being there—this railing formed a portion of the model—I was in the small dining room—the door was shut until I opened it, on hearing some one walking along, and looked through to see who it was—I saw him put his hand twice to the model—he did not take it the first time—he had not been looking at it before—he was feeling it when I opened the door—he had not been there half a minute—I think it would come away very easily if touched—there were other persons in the room at the time, but nobody could see him do it but myself, because this was the back part of the model—it has a very long front to it, and the prisoner was there by himself—a person standing in front could not see what was done at the back—I think he was intoxicated—he was not drunk at the time he did it—I certainly think he had been drinking, but he was not drunk then, he was very soon after
<lb/>wards—I am sure he had been drinking—when I spoke to him he appeared quite intoxicated.</p>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> When you went up to him, and charged him with this offence, he presented the appearance of being drunk?
<hi rend="italic">A.</hi> He did—he did not present the same appearance up stairs—he had no opportunity of drinking anything in the mean time.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> When you were looking through the door, could you see his hand go on to the wire?
<hi rend="italic">A.</hi> Very plainly—I saw his hand go twice to it—he did not shake it; he merely felt it.</p>
<hi rend="smallCaps">MR. PLATT</hi>.
<hi rend="italic">Q.</hi> Did he appear to have been smoking?
<hi rend="italic">A.</hi> Certainly not, he did not smell of smoke.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> How was this fastened
<hi rend="italic">A.</hi> With white lead, I think—the points at the bottom are put into little holes made on purpose.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-7" type="witnessName">
<interp inst="t18550917-name-7" type="gender" value="male"/>
<interp inst="t18550917-name-7" type="surname" value="COLE"/>
<interp inst="t18550917-name-7" type="given" value="BENJAMIN"/>BENJAMIN COLE</persName> </hi> (
<hi rend="italic">policeman, A</hi> 138). The prisoner was given into my custody—I took him back to the room in which the model was, and fitted the wire to it—he said nothing at that time—he had the appearance of having been drinking—I should say it was not entirely assumed—I have no doubt he had been drinking—I asked him who he was; he made no reply at the time—in conveying him to the House of Detention, he wrote his wife's name and address in my pocket book—this is it—"Mrs. Howse,</p>
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<p>15, New-place, Limehouse"—I found that to be his correct address—he said he worked with Mr. Scapes, at the galvanised iron works, Commercial-road, and that the works were in Copenhagen-place—he also gave his mas
<lb/>ters office address; I found that correct—he asked me what punishment I thought he would get; I said I could not tell.</p>
<hi rend="italic">Cross-examined. Q</hi>. His friends came round him directly you had charge of him?
<hi rend="italic">A.</hi> Yes; they seemed very decent, respectable people—I was not obliged to hold him up as we went along; he leant on a friend's arm—he was quite capable of walking—he was not smoking—persons are not allowed to smoke there, but they will do it sometimes—he was first charged with taking this feloniously.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-8" type="witnessName">
<interp inst="t18550917-name-8" type="gender" value="male"/>
<interp inst="t18550917-name-8" type="surname" value="COX"/>
<interp inst="t18550917-name-8" type="given" value="JAMES ROBINSON SAUNDERS"/>JAMES ROBINSON SAUNDERS COX</persName> </hi>. I am one of the chief clerks in the office of the Commissioners of Public Works—the Board has the charge of the models and objects of curiosity at Hampton Court-palace—this model was one of them.</p>
<hi rend="smallCaps">
<rs id="t18550917-843-verdict-1" type="verdictDescription">
<interp inst="t18550917-843-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18550917-843-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
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<hi rend="largeCaps">FREDERICK TURNER</hi> </persName> and
<persName id="def2-844-18550917" type="defendantName">
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<interp inst="def2-844-18550917" type="age" value="19"/>
<interp inst="def2-844-18550917" type="surname" value="TURNER"/>
<interp inst="def2-844-18550917" type="given" value="JANE"/>
<hi rend="largeCaps">JANE TURNER</hi> </persName>
<rs id="t18550917-844-offence-1" type="offenceDescription">
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<interp inst="t18550917-844-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing 7 yards of ribbon, value 9
<hi rend="italic">s</hi>.; the goods of
<persName id="t18550917-name-11" type="victimName">
<interp inst="t18550917-name-11" type="gender" value="male"/>
<interp inst="t18550917-name-11" type="surname" value="LOCKETT"/>
<interp inst="t18550917-name-11" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18550917-844-offence-1 t18550917-name-11"/>John Lockett</persName>.</rs> </p>
<hi rend="smallCaps">
<persName id="t18550917-name-12" type="witnessName">
<interp inst="t18550917-name-12" type="gender" value="female"/>
<interp inst="t18550917-name-12" type="surname" value="EMMERSON"/>
<interp inst="t18550917-name-12" type="given" value="ELIZABETH"/>ELIZABETH EMMERSON</persName> </hi>. I am in the employ of Mr. Lockett, who keeps a lace and ribbon shop, at No. 58, St. Paul's-churchyard—last Saturday week, between 7 and 8 o'clock in the evening, the female prisoner came in and asked for some brown ribbon; she bought one yard, value 3
<hi rend="italic">d</hi>., and one yard of other ribbon, value 7 1/2
<hi rend="italic">d</hi>—I showed her a number of boxes of ribbon, but she went away without buying any more—in putting the boxes away a minute or two afterwards, I saw that there was a space in one of the boxes which I had shown to her, and missed a piece of ribbon—this (
<hi rend="italic">produced</hi>) is it—I received it from the policeman—here is the private mark on it—here are six or seven yards of it—there was also an empty space in one of the other boxes, but I cannot swear to this other piece of ribbon (
<hi rend="italic">produced</hi>) as there is no mark on it.</p>
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<persName id="t18550917-name-13" type="witnessName">
<interp inst="t18550917-name-13" type="gender" value="female"/>
<interp inst="t18550917-name-13" type="surname" value="TURNER"/>
<interp inst="t18550917-name-13" type="given" value="JANE"/>JANE TURNER</persName> </hi>.
<hi rend="italic">Q.</hi> Did not you return the boxes to their places before you went to get change for is., and brought me three halfpence out?
<hi rend="italic">A.</hi> I put one or two up before I took your money, but not the whole of them—I showed you so many, as you were very undecided.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-14" type="witnessName">
<interp inst="t18550917-name-14" type="gender" value="male"/>
<interp inst="t18550917-name-14" type="surname" value="HAYDON"/>
<interp inst="t18550917-name-14" type="given" value="MICHAEL"/>MICHAEL HAYDON</persName> </hi> (
<hi rend="italic">City policeman</hi>, 21). On this Saturday night, at 7 o'clock, I was on duty in Ludgate-street with Brett, and saw the male prisoner opposite Mr. Willey's shop, on the other side of the road, looking towards the shop—I looked in and saw the female prisoner coming out; she went up the street towards St. Paul's-churchyard, where they joined, and walked arm-in-arm together along the north side of the churchyard—I walked then as far as Mr. Lookett's shop; the female prisoner went in and sat down at the counter—the male prisoner walked up and down outside, and occasionally peeped in at the window—I watched for about ten minutes; the female prisoner came out, passed the male prisoner without speaking, and went on to Cheapside, he following her, and I following him, having first communicated with the young woman in the shop—they went into a public house in Aldersgate together—I and Brett went in, and they immediately left without having anything—I followed them up Goswell-street, where I said to the female, "I belong to the police, you have been in a lace and ribbon shop in St. Paul's-churchyard this evening"; she said, "No, I have not, Sir"—I said, "I know you have, and if you deny it, I suspect you have stolen something"—I took her into custody, and put</p>
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<p>her into a
<hi rend="italic">cab</hi>—Brett took the male prisoner and put him into the same
<hi rend="italic">cab</hi>—while he was doing that, I saw the female put her hand to the right side of her dress; I laid hold of her hand and said, "What have you got?" she said, "This", and pulled out this roll of ribbon—I took it from her, and desired the cabman to drive to the police station in Fleet-street—she said, "No, do not; think of the disgrace; my husband knows nothing about it, he did not know that I had it"—they were taken to the station.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-15" type="witnessName">
<interp inst="t18550917-name-15" type="gender" value="male"/>
<interp inst="t18550917-name-15" type="surname" value="TURNER"/>
<interp inst="t18550917-name-15" type="given" value="FREDERICK"/>FREDERICK TURNER</persName> </hi>.
<hi rend="italic">Q.</hi> When I came out of the public house, did not I go into the next public house?
<hi rend="italic">A.</hi> Yes; you had something in a spouted pot before you there.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-16" type="witnessName">
<interp inst="t18550917-name-16" type="gender" value="male"/>
<interp inst="t18550917-name-16" type="surname" value="BRETT"/>
<interp inst="t18550917-name-16" type="given" value="JAMES"/>JAMES BRETT</persName> </hi> (
<hi rend="italic">City policeman</hi>, 13). I was with Haydon; I took the male prisoner and put him into the
<hi rend="italic">cab</hi>—I searched him in the
<hi rend="italic">cab</hi>, and found in his hat this roll of black ribbon, and in his pockets nine other pieces of ribbon, and two pairs of new cotton stockings—at the station I found 3
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>. and a knife on him—there were three small pieces of ribbon in paper which appeared to be purchases, the marks were all removed from them, and I have not found out the owners.</p>
<hi rend="italic">
<hi rend="smallCaps">FREDERICK TURNER'S DEFENCE</hi> </hi>. The property found on me is my own, I bought it; I met my wife in Water-lane, leading to Ludgate-hill; she said that she was going to buy a piece of ribbon; she went in, came out, and said that she could not get a piece to suit; she went into another shop, I turned my back and afterwards looked into the shop, and found that she was gone; I walked on, met a female friend, stopped a few minutes, went on again, and overtook my wife by the Post-office; we walked together, but I knew nothing of the ribbon she had; we went to a public house, four gentlemen came in, the landlord seemed too independent to serve me at the time, and I walked out, and went into another public house; when the officer took me, I said, "What I have got is my own, I bought it"; I gave 34
<hi rend="italic">s</hi>. for the property that was found on me.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-17" type="witnessName">
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<interp inst="t18550917-name-17" type="given" value="JANE TURNER'S"/>JANE TURNER'S DEFENCE</persName> </hi>. I went in to buy a bit of brown ribbon to tie the children's hair up on Sundays, and a piece for the neck for myself; in coming out I saw a woman drop a piece of ribbon; I picked it up and put it in my pocket.</p>
<hi rend="largeCaps">FREDERICK TURNER</hi>
<hi rend="smallCaps">
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<interp inst="t18550917-844-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18550917-844-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 26.—
<hi rend="italic">
<rs id="t18550917-844-punishment-3" type="punishmentDescription">
<interp inst="t18550917-844-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18550917-844-punishment-3" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-844-18550917 t18550917-844-punishment-3"/>Confined Twelve Month</rs> </hi>.</p>
<hi rend="largeCaps">JANE TURNER</hi>
<hi rend="smallCaps">
<rs id="t18550917-844-verdict-2" type="verdictDescription">
<interp inst="t18550917-844-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18550917-844-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 19.—
<hi rend="italic">
<rs id="t18550917-844-punishment-4" type="punishmentDescription">
<interp inst="t18550917-844-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18550917-844-punishment-4" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-844-18550917 t18550917-844-punishment-4"/>Confined Six Months</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18550917-845">
<interp inst="t18550917-845" type="uri" value="sessionsPapers/18550917"/>
<interp inst="t18550917-845" type="date" value="18550917"/>
<join result="criminalCharge" id="t18550917-845-charge-1" targOrder="Y" targets="def1-845-18550917 t18550917-845-offence-1 t18550917-845-verdict-1"/>
<persName id="def1-845-18550917" type="defendantName">
<interp inst="def1-845-18550917" type="gender" value="male"/>
<interp inst="def1-845-18550917" type="age" value="21"/>
<interp inst="def1-845-18550917" type="surname" value="HARRISON"/>
<interp inst="def1-845-18550917" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN HARRISON</hi> </persName>
<rs id="t18550917-845-offence-1" type="offenceDescription">
<interp inst="t18550917-845-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18550917-845-offence-1" type="offenceSubcategory" value="pocketpicking"/>, stealing 1 watch, value 10
<hi rend="italic">l</hi>.; the goods of
<persName id="t18550917-name-19" type="victimName">
<interp inst="t18550917-name-19" type="gender" value="male"/>
<interp inst="t18550917-name-19" type="surname" value="FARRER"/>
<interp inst="t18550917-name-19" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18550917-845-offence-1 t18550917-name-19"/>William Farrer</persName>, from the person of
<persName id="t18550917-name-20" type="victimName">
<interp inst="t18550917-name-20" type="gender" value="female"/>
<interp inst="t18550917-name-20" type="surname" value="FARRER"/>
<interp inst="t18550917-name-20" type="given" value="MARY ANN"/>
<join result="offenceVictim" targOrder="Y" targets="t18550917-845-offence-1 t18550917-name-20"/>Mary Ann Farrer</persName>.</rs> </p>
<hi rend="smallCaps">MR. M'ENTEER</hi>
<hi rend="italic">conducted the Prosecution</hi>.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-21" type="witnessName">
<interp inst="t18550917-name-21" type="gender" value="female"/>
<interp inst="t18550917-name-21" type="surname" value="FARRER"/>
<interp inst="t18550917-name-21" type="given" value="MARY ANN"/>MARY ANN FARRER</persName> </hi>. I am the wife of William Farrer, of No. 35, Culford-street, Kingsland. On 6th Sept. I was returning from the Crystal Palace, and between half-past 5 and 6 o'clock, was passing through Grace'. church-street, and as I passed a print shop, near Cornhill, the prisoner was passing too, and snatched my watch from my side—it was on a hook fast-ened to my dress, and a chain which was round my neck—I took hold of him by the collar, and detained him for a minute—his collar slipped from my hand—I got him by the arm; he held the watch in his hand, and said three times, "Here it is"—he threw it down at my feet and ran away—a young man ran after him, and he was taken at the corner of Cornhill, and brought back in a moment—the hook was fastened to my sash—the swivel was left on the chain.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> Was there a crowd?
<hi rend="italic">A.</hi> Yes; I</p>
<xptr type="pageFacsimile" doc="185509170005"/>
<p>turned my head to look at the window, but did hot stop—I only saw the prisoner's face for a moment, but he was quite in front of me—the watch was under my shawl at my left side.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-22" type="witnessName">
<interp inst="t18550917-name-22" type="gender" value="male"/>
<interp inst="t18550917-name-22" type="surname" value="TUFFELL"/>
<interp inst="t18550917-name-22" type="given" value="ROBERT"/>ROBERT TUFFELL</persName> </hi>. On 6th Sept., between 5 and 6 o'clock in the evening, I was in Gracechurch-street, and saw the prisoner deliberately snatch a watch from the prosecutrix's side—he gave it a kind of a twist, and the lady cried out for help, and said, "Oh, my watch!"—he threw it down at her feet; I pursued him to Bishopgate-street, and handed him over to a police
<lb/>man—I am positive that it was the prisoner.</p>
<hi rend="italic">Cross-examined. Q</hi>. Were you in the crowd?
<hi rend="italic">A.</hi> No—I was about two yards from the lady who was on the kerb, there was only the prisoner between us—I am cellarman at a wine merchant's at St. Mary Axe—I never lost sight of the prisoner.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-23" type="witnessName">
<interp inst="t18550917-name-23" type="gender" value="male"/>
<interp inst="t18550917-name-23" type="surname" value="OLIVER"/>
<interp inst="t18550917-name-23" type="given" value="CHARLES"/>CHARLES OLIVER</persName> </hi> I was in Gracechurch-street on 6th Sept, about C o'clock, and saw the prisoner come from the crowd and run towards Bishopsgate—there was a cry of stop thief—he was stopped by Tuffell, and the lady gave him in charge with this watch (
<hi rend="italic">produced</hi>).</p>
<hi rend="smallCaps">
<persName id="t18550917-name-24" type="witnessName">
<interp inst="t18550917-name-24" type="gender" value="female"/>
<interp inst="t18550917-name-24" type="surname" value="FARRER"/>
<interp inst="t18550917-name-24" type="given" value="MARY ANN"/>MARY ANN FARRER</persName> </hi>, jun. I am a daughter of the prosecutrix, and was with her—there was a great crowd, we did not stay, but merely passed through—I saw the prisoner, but did not see him snatch the watch, but I picked it up and gave it to my mamma.</p>
<hi rend="smallCaps">
<rs id="t18550917-845-verdict-1" type="verdictDescription">
<interp inst="t18550917-845-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18550917-845-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi> Aged 21.—
<hi rend="italic">
<rs id="t18550917-845-punishment-5" type="punishmentDescription">
<interp inst="t18550917-845-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18550917-845-punishment-5" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-845-18550917 t18550917-845-punishment-5"/>Confined Twelve Months</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18550917-846">
<interp inst="t18550917-846" type="uri" value="sessionsPapers/18550917"/>
<interp inst="t18550917-846" type="date" value="18550917"/>
<join result="criminalCharge" id="t18550917-846-charge-1" targOrder="Y" targets="def1-846-18550917 t18550917-846-offence-1 t18550917-846-verdict-1"/>
<join result="criminalCharge" id="t18550917-846-charge-2" targOrder="Y" targets="def2-846-18550917 t18550917-846-offence-1 t18550917-846-verdict-2"/>
<persName id="def1-846-18550917" type="defendantName">
<interp inst="def1-846-18550917" type="gender" value="male"/>
<interp inst="def1-846-18550917" type="age" value="21"/>
<interp inst="def1-846-18550917" type="surname" value="RIDER"/>
<interp inst="def1-846-18550917" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN RIDER</hi> </persName> and
<persName id="def2-846-18550917" type="defendantName">
<interp inst="def2-846-18550917" type="gender" value="male"/>
<interp inst="def2-846-18550917" type="age" value="14"/>
<interp inst="def2-846-18550917" type="surname" value="CRAWLEY"/>
<interp inst="def2-846-18550917" type="given" value="MICHAEL"/>
<hi rend="largeCaps">MICHAEL CRAWLEY</hi> </persName>
<rs id="t18550917-846-offence-1" type="offenceDescription">
<interp inst="t18550917-846-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18550917-846-offence-1" type="offenceSubcategory" value="pocketpicking"/>, stealing 1 watch value 3
<hi rend="italic">l</hi>.; the goods of
<persName id="t18550917-name-27" type="victimName">
<interp inst="t18550917-name-27" type="gender" value="male"/>
<interp inst="t18550917-name-27" type="surname" value="PAYNE"/>
<interp inst="t18550917-name-27" type="given" value="EBENEZER"/>
<join result="offenceVictim" targOrder="Y" targets="t18550917-846-offence-1 t18550917-name-27"/>Ebenezer Payne</persName>, from his person. 2nd Charge, charging Ryder with receiving.</rs> </p>
<hi rend="smallCaps">
<persName id="t18550917-name-28" type="witnessName">
<interp inst="t18550917-name-28" type="gender" value="male"/>
<interp inst="t18550917-name-28" type="surname" value="PAYNE"/>
<interp inst="t18550917-name-28" type="given" value="EBENEZER"/>EBENEZER PAYNE</persName> </hi>. I live at No. 42, Lissongrove. On Tuesday after
<lb/>noon, 28th Aug., I went from the Tower-stairs in a small boat, to a sterner—I missed my watch, which I bad looked at going down the stairs—it was shown to me in the evening by the superintendent of police.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-29" type="witnessName">
<interp inst="t18550917-name-29" type="gender" value="male"/>
<interp inst="t18550917-name-29" type="surname" value="SAVAGE"/>
<interp inst="t18550917-name-29" type="given" value="WILLIAM"/>WILLIAM SAVAGE</persName> </hi> (
<hi rend="italic">policeman, H</hi> 212). On 28th Aug., about 3 o'clock, I was on Tower-hill, and saw the prisoners coming away from the Tower-stairs—I had known them before—I saw Crawley pass this watch (
<hi rend="italic">produced</hi>) to Rider, who put it in his pocket—I could see that it was a watch—they walked over Tower-hill, and I followed them about 100 yards—I took hold of Rider, and asked him to give me the watch which he had in his pocket—he took it out, and was going to throw it away, but I took it from him; while I was struggling with him, Crawley got away, and was taken by another constable on the Friday following—I knew him well by haying him in custody, and am sure he is the boy—I first saw them forty or fifty yank from the stairs—I did not see Rider run at all.</p>
<hi rend="italic">Rider. Q</hi>. Did not you see me coming from Ratcliff-highway?
<hi rend="italic">A.</hi> No—you had a coat over your arm.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did he say anything when you asked him for the watch?
<hi rend="italic">A.</hi> He said that he picked it up—he could not have picked it up.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-30" type="witnessName">
<interp inst="t18550917-name-30" type="gender" value="male"/>
<interp inst="t18550917-name-30" type="surname" value="PAYNE"/>
<interp inst="t18550917-name-30" type="given" value="EBENEZER"/>EBENEZER PAYNE</persName> </hi>
<hi rend="italic">re-examined</hi>. This is my watch—it was in my waist-coat pocket, attached by a black ribbon round my neck, which passed through the ring—the ribbon was not broken, but there was nothing left on it.</p>
<hi rend="italic">The prisoners statements before the Magistrate were here read at follows</hi>: Crawley says, "I know nothing of the watch."—Rider says, "As I ran across Tower-hill a man dropped the watch, and I picked it up.")</p>
<hi rend="italic">Rider's Defence</hi>. I never saw this boy before; I saw this watch lying</p>
<xptr type="pageFacsimile" doc="185509170006"/>
<p>down, and picked it up; a man in private clothes asked me what I had, I told him "Nothing", not knowing that he was a policeman; I afterwards gave him the watch.</p>
<hi rend="largeCaps">RIDER</hi>
<hi rend="smallCaps">
<rs id="t18550917-846-verdict-1" type="verdictDescription">
<interp inst="t18550917-846-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18550917-846-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">of Receiving</hi>. ** Aged 21.—
<hi rend="italic">
<rs id="t18550917-846-punishment-6" type="punishmentDescription">
<interp inst="t18550917-846-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18550917-846-punishment-6" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-846-18550917 t18550917-846-punishment-6"/>Four Years' Penal Servitude</rs> </hi>.</p>
<hi rend="largeCaps">CRAWLEY</hi>
<hi rend="smallCaps">
<rs id="t18550917-846-verdict-2" type="verdictDescription">
<interp inst="t18550917-846-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18550917-846-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">of Stealing</hi>. * Aged 14.—
<hi rend="italic">
<rs id="t18550917-846-punishment-7" type="punishmentDescription">
<interp inst="t18550917-846-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18550917-846-punishment-7" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-846-18550917 t18550917-846-punishment-7"/>Confined Two Years</rs> </hi>.</p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, September</hi> 17
<hi rend="italic">th</hi>, 1855.</p>
<hi rend="largeCaps">PRESENT</hi>—Mr. Ald.
<hi rend="smallCaps">FAREBROTHER</hi>; Sir
<hi rend="smallCaps">ROBERT WALTER CARDEN</hi>, Knt., Ald.; and
<hi rend="smallCaps">RUSSELL GURNEY</hi>, Esq.</p>
<hi rend="italic">Before Russell Gurney, Esq., and the Fifth jury</hi>.</p>
<div1 type="trialAccount" id="t18550917-847">
<interp inst="t18550917-847" type="uri" value="sessionsPapers/18550917"/>
<interp inst="t18550917-847" type="date" value="18550917"/>
<join result="criminalCharge" id="t18550917-847-charge-1" targOrder="Y" targets="def1-847-18550917 t18550917-847-offence-1 t18550917-847-verdict-1"/>
<persName id="def1-847-18550917" type="defendantName">
<interp inst="def1-847-18550917" type="gender" value="male"/>
<interp inst="def1-847-18550917" type="surname" value="SMITH"/>
<interp inst="def1-847-18550917" type="given" value="HUGH JOSEPH"/>
<hi rend="largeCaps">HUGH JOSEPH SMITH</hi> </persName> was indicted
<rs id="t18550917-847-offence-1" type="offenceDescription">
<interp inst="t18550917-847-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18550917-847-offence-1" type="offenceSubcategory" value="embezzlement"/>for embezzlement. (
<hi rend="italic">See also page</hi> 435.)</rs> </p>
<hi rend="smallCaps">MR. PEARCE</hi>
<hi rend="italic">conducted the Prosecution</hi>.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-32" type="witnessName">
<interp inst="t18550917-name-32" type="gender" value="male"/>
<interp inst="t18550917-name-32" type="surname" value="MOSSOP"/>
<interp inst="t18550917-name-32" type="given" value="JOHN"/>JOHN MOSSOP</persName> </hi>. I am a stock broker, carrying on business at Pinner's hall, Old Broad-street; in the course of last year I had several business transactions with Mr. Jessupp. On 16th May, I paid the prisoner three sums of money, 185
<hi rend="italic">l</hi>., 259
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., and 183
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., making in all 628
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>.—this paper (
<hi rend="italic">looking at it</hi>), is in his handwriting—when I received this paper I had paid him 185
<hi rend="italic">l</hi>., and on receiving it I paid him a further sum of 259
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>—I had received of Mr. Thomas Dickenson, an I 0 U of the prisoner's for 90
<hi rend="italic">l</hi>., which I paid him—here is the prisoner's writing; cheque 139
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., notes 95
<hi rend="italic">l</hi>., gold 25
<hi rend="italic">l</hi>.—I paid him 120
<hi rend="italic">l</hi>. in money, in his charac
<lb/>ter as clerk to the prosecutor.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> What do you mean by money?
<hi rend="italic">A.</hi> I mean either notes, or gold, or silver—from the paper I conclude I paid him 25
<hi rend="italic">l</hi>. in gold—the body of this paper is in the prisoner's writing—the 259
<hi rend="italic">l</hi>. on the back is in part payment of this account—the I O U was included in the 185
<hi rend="italic">l</hi>.—it was an I O U for 90
<hi rend="italic">l</hi>—Smith, for Jessupp and Dickinson, handed it to me, owing me some money—there were other cheques in the 185
<hi rend="italic">l</hi>.—I had had trifling dealings with the prisoner on his own account—I never had any account open with him—they were so small they are not worth talking about—I cannot tell when they commenced—it was while he was in the service of Mr. Jessupp—they were small private transactions—I did not buy shares of him—once or twice we bought one or two thousand consols jointly—we shared the profits—I do not know when; it was done at the moment; I made no entry—it is not my practice, as a broker, to sell shares and not make an entry, but this was not a a broker, it was a private transaction—I did not tell Mr. Jessupp—I did not endeavour to prevent Mr. Jessupp knowing it—there was no written account in my ledger—the only sum I appear to have received from Smith is 11
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>., that is in my cash book—I could not possibly say whether there were as many as a dozen transactions—I do not remember whether there was a balance due to the prisoner, I made no entry of any of the transactions—I knew the prisoner was acting for Mr. Jessupp—I have all my books here—I had no particular reason why I did not make an entry of these private transactions—it is not a customary thing for me to deal and share profit with persons—I do not know why I did it for the prisoner—I paid the pri
<lb/>soner on that dav on behalf of Mr. Jessupp, the whole of these sums, 185
<hi rend="italic">l</hi>., 259
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., and 183
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—these are all entered in my book—I swear</p>
<xptr type="pageFacsimile" doc="185509170007"/>
<p>that no part was paid to the prisoner on the account that I had with him—the 185
<hi rend="italic">l</hi>. was paid in a later part of the day, I suppose—the prisoner came again the same day and received 183
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>—it was paid that day, I have the entry in my book.</p>
<hi rend="smallCaps">MR. PEARCE</hi>.
<hi rend="italic">Q.</hi> With regard to these private transactions, was it optional with you to pay the prisoner?
<hi rend="italic">A.</hi> Yes; those consols were stand
<lb/>ing in my own name—I was in honour bound to pay the prisoner a part, bat it was not any business transaction—I purchased these consols through Mr. Jessupp, or a stock broker, into my own name—the whole of the amount I paid the prisoner on 16th May, I paid him on behalf of the prosecutor—I believe there was no amount due from the prisoner to me that day—I might have lent him 1
<hi rend="italic">l</hi>., or he me—all the "Crystals" on this bill are on behalf of Mr. Jessupp, not with the prisoner on his own account.</p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> What other transaction had you with the prisoner beside these consols?
<hi rend="italic">A.</hi> I believe there were one or two Crystal Palace shares, but they were very small—I believe I never owed him 10
<hi rend="italic">l</hi>., or he me—I feel quite sure that there was nothing between me and the prisoner that at all affected this matter in the least degree.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-33" type="witnessName">
<interp inst="t18550917-name-33" type="gender" value="indeterminate"/>
<interp inst="t18550917-name-33" type="surname" value="JESSUPP"/>
<interp inst="t18550917-name-33" type="given" value="LEVERTON"/>LEVERTON JESSUPP</persName> </hi>. I am a stock broker in Token House-yard In May last year I was at Bank Chambers—on 1 6th May the prisoner was in my employ—on his receiving money on my behalf, it was his duty to bring it to me daily—on 16th May, I received several sums which the prisoner had collected for me—amongst others I had four sums as having been received from Mr. Mossop; 139
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., 95
<hi rend="italic">l</hi>., 128
<hi rend="italic">l</hi>. 17
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>., and 54
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>., making 418
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>.; he did not give me any particulars what they were for—there was a running account with Mr. Mossop, and that balance he would have to pay that day—T had been away some time, and had only come home a day or two at that time—if these were cheques, I gave them to the prisoner to pay into the bank; if they were notes or gold, I should pay them in myself—it is all entered as cash—I have no doubt they were not gold, from the amounts being uneven—I cannot say whether they were gold or not—I have the entry in this book in my own writing, and here is a book made up by the prisoner which is a correct copy of my own book—the prisoner only paid me that day 418
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>.—he left me the beginning of July.</p>
<hi rend="italic">Cross-examined. Q</hi>. There was something about some Luxembourg shares?
<hi rend="italic">A.</hi> Yes, I found they had not been delivered, and he left; but these were discovered after the prisoner had left—it was the universal practice for the prisoner to pay every day when I was at home—I was out a good deal about that time—he had not to buy shares on my account—there was a gentleman, Mr. Broderick, to whom he was to give any sum of money if I was away—the prisoner might buy shares for me, but he could not pay for them; Mr. Broderick could—the prisoner could not sign cheques; I never made a payment except by cheques—the prisoner was never allowed to retain money to my knowledge; he was allowed half the commission on business done on his own account—his salary and commission would be nearly 80
<hi rend="italic">l</hi>. at the time he left.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> At what time on the 16th was it he paid this?
<hi rend="italic">A.</hi> On that day I find two sums entered together at different times; they appear to Have been at the close of the day—I received sums as paid from Mr. Moasop after that day—I find an entry, which I believe is Mr. Broderick's writing, on 23rd May—I received no sum of the prisoner as relating to the 16th May, after that time; no I O U was paid to me.</p>
<hi rend="smallCaps">
<rs id="t18550917-847-verdict-1" type="verdictDescription">
<interp inst="t18550917-847-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18550917-847-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18550917-848">
<interp inst="t18550917-848" type="uri" value="sessionsPapers/18550917"/>
<interp inst="t18550917-848" type="date" value="18550917"/>
<join result="criminalCharge" id="t18550917-848-charge-1" targOrder="Y" targets="def1-848-18550917 t18550917-848-offence-1 t18550917-848-verdict-1"/>
<xptr type="pageFacsimile" doc="185509170008"/>
<persName id="def1-848-18550917" type="defendantName">
<interp inst="def1-848-18550917" type="gender" value="male"/>
<interp inst="def1-848-18550917" type="age" value="17"/>
<interp inst="def1-848-18550917" type="surname" value="COKER"/>
<interp inst="def1-848-18550917" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY COKER</hi> </persName>
<rs id="t18550917-848-offence-1" type="offenceDescription">
<interp inst="t18550917-848-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18550917-848-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, stealing 12 shirt collars, value 4
<hi rend="italic">s</hi>.; the goods of
<persName id="t18550917-name-35" type="victimName">
<interp inst="t18550917-name-35" type="gender" value="male"/>
<interp inst="t18550917-name-35" type="surname" value="ABERDEEN"/>
<interp inst="t18550917-name-35" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18550917-848-offence-1 t18550917-name-35"/>William Aberdeen</persName>, his master: to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18550917-848-verdict-1" type="verdictDescription">
<interp inst="t18550917-848-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18550917-848-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 17.—
<hi rend="italic">
<rs id="t18550917-848-punishment-8" type="punishmentDescription">
<interp inst="t18550917-848-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18550917-848-punishment-8" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-848-18550917 t18550917-848-punishment-8"/>Confined Three Months</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18550917-849">
<interp inst="t18550917-849" type="uri" value="sessionsPapers/18550917"/>
<interp inst="t18550917-849" type="date" value="18550917"/>
<join result="criminalCharge" id="t18550917-849-charge-1" targOrder="Y" targets="def1-849-18550917 t18550917-849-offence-1 t18550917-849-verdict-1"/>
<persName id="def1-849-18550917" type="defendantName">
<interp inst="def1-849-18550917" type="gender" value="male"/>
<interp inst="def1-849-18550917" type="age" value="18"/>
<interp inst="def1-849-18550917" type="surname" value="BRITT"/>
<interp inst="def1-849-18550917" type="given" value="JOSEPH"/>
<hi rend="largeCaps">JOSEPH BRITT</hi> </persName>
<rs id="t18550917-849-offence-1" type="offenceDescription">
<interp inst="t18550917-849-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18550917-849-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, stealing 1 pair of sugar tongs and 19 spoons, value 4
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>.; the goods of
<persName id="t18550917-name-37" type="victimName">
<interp inst="t18550917-name-37" type="gender" value="male"/>
<interp inst="t18550917-name-37" type="surname" value="FISHER"/>
<interp inst="t18550917-name-37" type="given" value="JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t18550917-849-offence-1 t18550917-name-37"/>Joseph Fisher</persName>, his master: to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18550917-849-verdict-1" type="verdictDescription">
<interp inst="t18550917-849-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18550917-849-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 18. (
<hi rend="italic">The prisoner received a good character</hi>.)—
<hi rend="italic">
<rs id="t18550917-849-punishment-9" type="punishmentDescription">
<interp inst="t18550917-849-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18550917-849-punishment-9" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-849-18550917 t18550917-849-punishment-9"/>Confined One Month</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18550917-850">
<interp inst="t18550917-850" type="uri" value="sessionsPapers/18550917"/>
<interp inst="t18550917-850" type="date" value="18550917"/>
<join result="criminalCharge" id="t18550917-850-charge-1" targOrder="Y" targets="def1-850-18550917 t18550917-850-offence-1 t18550917-850-verdict-1"/>
<join result="criminalCharge" id="t18550917-850-charge-2" targOrder="Y" targets="def2-850-18550917 t18550917-850-offence-1 t18550917-850-verdict-2"/>
<persName id="def1-850-18550917" type="defendantName">
<interp inst="def1-850-18550917" type="gender" value="female"/>
<interp inst="def1-850-18550917" type="age" value="30"/>
<interp inst="def1-850-18550917" type="surname" value="FITZPATRICK"/>
<interp inst="def1-850-18550917" type="given" value="HANNAH"/>
<hi rend="largeCaps">HANNAH FITZPATRICK</hi> </persName> and
<persName id="def2-850-18550917" type="defendantName">
<interp inst="def2-850-18550917" type="gender" value="female"/>
<interp inst="def2-850-18550917" type="age" value="23"/>
<interp inst="def2-850-18550917" type="surname" value="MAHONEY"/>
<interp inst="def2-850-18550917" type="given" value="MARY"/>
<hi rend="largeCaps">MARY MAHONEY</hi> </persName>
<rs id="t18550917-850-offence-1" type="offenceDescription">
<interp inst="t18550917-850-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18550917-850-offence-1" type="offenceSubcategory" value="pocketpicking"/>, stealing 1 bag, value 1
<hi rend="italic">d</hi>., and 10
<hi rend="italic">l</hi>.; the property of
<persName id="t18550917-name-40" type="victimName">
<interp inst="t18550917-name-40" type="gender" value="male"/>
<interp inst="t18550917-name-40" type="surname" value="THOMPSON"/>
<interp inst="t18550917-name-40" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18550917-850-offence-1 t18550917-name-40"/>William Thompson</persName>, from his person.</rs> </p>
<hi rend="smallCaps">MR. PAYNE</hi>
<hi rend="italic">conducted the Prosecution</hi>.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-41" type="witnessName">
<interp inst="t18550917-name-41" type="gender" value="male"/>
<interp inst="t18550917-name-41" type="surname" value="THOMPSON"/>
<interp inst="t18550917-name-41" type="given" value="WILLIAM"/>WILLIAM THOMPSON</persName> </hi>. I am master of the
<hi rend="italic">Air</hi> schooner, lying off Wool Quay. I was in a public house in Tower-street on the night before I went before the Magistrate—it was about 4 o'clock in the afternoon—I had a glass of rum—I was perfectly sober—I met with the two prisoners and another, in the public house—the other went away—the prisoners stopped there—I was just done drinking the glass of rum when I got into conversa
<lb/>tion with them, and we went to a coffee shop and had a cup of coffee apiece—I paid for it—I took my purse out of my pocket, and gave the woman half a crown to pay for my coffee—there was 10
<hi rend="italic">l</hi>. in that purse, and I had changed two sovereigns that day—I should say there was 11
<hi rend="italic">l</hi>. odd in it—after I had put the change in, I put the purse into my trowsers pocket—the prisoners were sitting at the table drinking their coffee—Fitzpatrick then left the other one, and came and sat down close by me—she had not been sitting there a minute before she pulled the purse out of my pocket, and both of them
<hi rend="italic">whipped</hi> out of the house—as soon as I saw they jumped up and ran out of the house, I thought there was something the matter—I put my hand to my pocket, and my purse was gone—I ran out after them, I made a jump, and should have caught them, but my foot caught and I fell—I am positive that Fitzpatrick took my purse, the other was not near enough to get it—one was at one end of the table, and the other at the other—my purse was in my left pocket—she came and sat close alongside of me—she had been sitting on the right side, and she came and sat close by my side, and took my purse—there was no one else in the room—I fell down, and that enabled them to get away—I lost sight of them after that—this happened on Thursday night—I saw them again in the police station on Saturday—I should say I was with them an hour and a half, or there
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Where was this public house?
<hi rend="italic">A.</hi> Just by Seething-lane—I had a glass of rum—I suppose they drank a pint of ale, or something—there was no tossing between us—I tossed for a quartern of gin, and won it, but I had to pay for it—I was quite sober in the public house, and also in the coffee shop—I recollect myself perfectly—a glass of rum would not make me drunk—I have been examined before—what I said was taken down, and read to me—I mean I was perfectly sober—I did not tell the policeman that I was not quite sober—ray foot caught—I should have caught them sure enough, if it had not been for that—I had only that one glass of rum that day—I did not take any beer—it is a regular teetotle ship, nothing comes on board—I was about an hour and a half with the prisoners—we had a cup of coffee, and I paid—I was at one end of the table, and they at the other—I think it was my money that attracted them</p>
<xptr type="pageFacsimile" doc="185509170009"/>
<p>—Fitzpatrick came and oat down close to me—I did not think there was much harm in it—I did not tell anybody about it till I got out of the door—I did not say anything to the landlady about this—I went to a police
<lb/>man, and he would take no heed of it—he was going to take me into custody, and he took me down into St. Mary's-lane before I got from him—I do not know what he was going to take me for, I suppose he saw me when I fell, and he thought I was drunk—I do not know whether anybody had seen this money—I had paid my score—I do not know how many persons were in the public house, perhaps there might be a good many—I do not know whether there were some rough
<hi rend="italic">chaps</hi>, there were none where I was—the rum was good, but a cup of coffee and the rum was still better.</p>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> Did you afterwards mention this to another policeman?
<hi rend="italic">A.</hi> No—I went away right down on board the ship—I never intended to look after it any more.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-42" type="witnessName">
<interp inst="t18550917-name-42" type="gender" value="female"/>
<interp inst="t18550917-name-42" type="surname" value="PAGE"/>
<interp inst="t18550917-name-42" type="given" value="REBECCA"/>REBECCA PAGE</persName> </hi>. I keep a coffee shop, No. 9, Tower-hill I remember the last witness being there on 9th Aug.—the two prisoners were there with him—he took out a bag, and gave me half a crown to pay for some coffee—I gave him change—he put it into the bag—I left them sitting there—Mahoney sat on the opposite side of him, and Fitzpatrick close by him—I did not see them go away.</p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> Was he sober?
<hi rend="italic">A.</hi> He had been drinking, I dare say, a little, but he was not to call tipsy—he was so sober as to more his purse from the side where the prisoners were sitting to his left hand pocket.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-43" type="witnessName">
<interp inst="t18550917-name-43" type="gender" value="male"/>
<interp inst="t18550917-name-43" type="surname" value="RICHARDSON"/>
<interp inst="t18550917-name-43" type="given" value="EDWIN"/>EDWIN RICHARDSON</persName> </hi>. I am a tailor; I live at No. 53, Great Tower-street In the evening of 9th Aug. I was in Seething-lane—I saw the two prisoners from my window about 7 o'clock—they were counting and dividing money—I saw Mahoney throw a parse down the area of a house in Seething-lane, right opposite me.</p>
<hi rend="italic">Cross-examined. Q</hi>. What time was this?
<hi rend="italic">A.</hi> little after 7 o'clock—it was just dusk—in our business we could not see to work—I was on the second floor, looking out of the window at the passers-by—I had known the prisoners before by sight about the neighbourhood—I am quite certain they are the persons—I know I saw money pass.</p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> You have no doubt they were handling coin of some sort?
<hi rend="italic">A.</hi> I have no doubt about it.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-44" type="witnessName">
<interp inst="t18550917-name-44" type="gender" value="female"/>
<interp inst="t18550917-name-44" type="surname" value="ACKMAN"/>
<interp inst="t18550917-name-44" type="given" value="ELLEN"/>ELLEN ACKMAN</persName> </hi>. I live at No. 24, Seething-lane. I found this bag down my kitchen area.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-45" type="witnessName">
<interp inst="t18550917-name-45" type="gender" value="male"/>
<interp inst="t18550917-name-45" type="surname" value="THOMPSON"/>
<interp inst="t18550917-name-45" type="given" value="WILLIAM"/>WILLIAM THOMPSON</persName> </hi>
<hi rend="italic">re-examined</hi>. This is my bag that I had my money in.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You said that Fitzpatrick came round to you; did anything pass between her and the other prisoner?
<hi rend="italic">A.</hi> Not that I saw—Mahoney was at the end of the table—they both ran out of the house together.</p>
<hi rend="italic">Cross-examined. Q</hi>. Had Mahoney any opportunity of assisting the other prisoner?
<hi rend="italic">A.</hi> Not that I saw.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-46" type="witnessName">
<interp inst="t18550917-name-46" type="gender" value="male"/>
<interp inst="t18550917-name-46" type="surname" value="HAYDON"/>
<interp inst="t18550917-name-46" type="given" value="THOMAS"/>THOMAS HAYDON</persName> </hi> (
<hi rend="italic">City policeman</hi>, 588). I took the prisoners into cus
<lb/>tody, one on the Thursday, the other on Saturday morning—the prosecutor saw one at the station, and the other at the Mansion House.</p>
<hi rend="largeCaps">FITZPATRICK</hi>
<hi rend="smallCaps">
<rs id="t18550917-850-verdict-1" type="verdictDescription">
<interp inst="t18550917-850-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18550917-850-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. AGED 30.</p>
<hi rend="largeCaps">MAHONEY</hi>
<hi rend="smallCaps">
<rs id="t18550917-850-verdict-2" type="verdictDescription">
<interp inst="t18550917-850-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18550917-850-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 23.</p>
<hi rend="italic">
<rs id="t18550917-850-punishment-10" type="punishmentDescription">
<interp inst="t18550917-850-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18550917-850-punishment-10" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-850-18550917 t18550917-850-punishment-10"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-850-18550917 t18550917-850-punishment-10"/>Confined Six Months</rs> </hi>.</p> </div1>
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<interp inst="t18550917-851" type="uri" value="sessionsPapers/18550917"/>
<interp inst="t18550917-851" type="date" value="18550917"/>
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<hi rend="largeCaps">
<persName id="def1-851-18550917" type="defendantName">
<interp inst="def1-851-18550917" type="gender" value="male"/>
<interp inst="def1-851-18550917" type="surname" value="MURRAY"/>
<interp inst="def1-851-18550917" type="given" value="WILLIAM"/>WILLIAM MURRAY</persName>,
<persName id="def2-851-18550917" type="defendantName">
<interp inst="def2-851-18550917" type="gender" value="female"/>
<interp inst="def2-851-18550917" type="surname" value="SULLIVAN"/>
<interp inst="def2-851-18550917" type="given" value="MARY"/> MARY SULLIVAN</persName>,
<persName id="def3-851-18550917" type="defendantName">
<interp inst="def3-851-18550917" type="gender" value="female"/>
<interp inst="def3-851-18550917" type="surname" value="HART"/>
<interp inst="def3-851-18550917" type="given" value="MARY"/> MARY HART</persName> </hi>, and
<persName id="def4-851-18550917" type="defendantName">
<interp inst="def4-851-18550917" type="gender" value="female"/>
<interp inst="def4-851-18550917" type="surname" value="MINES"/>
<interp inst="def4-851-18550917" type="given" value="MARY ANN"/>
<hi rend="largeCaps">MARY ANN MINES</hi> </persName>
<rs id="t18550917-851-offence-1" type="offenceDescription">
<interp inst="t18550917-851-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18550917-851-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing 1 coat, value 30
<hi rend="italic">s</hi>.; the goods of
<persName id="t18550917-name-51" type="victimName">
<interp inst="t18550917-name-51" type="gender" value="male"/>
<interp inst="t18550917-name-51" type="surname" value="WALLIS"/>
<interp inst="t18550917-name-51" type="given" value="PERCEVAL"/>
<join result="offenceVictim" targOrder="Y" targets="t18550917-851-offence-1 t18550917-name-51"/>Perceval Wallis</persName> and another: to which</rs> </p>
<hi rend="largeCaps">SULLIVAN, HART</hi>, and
<hi rend="largeCaps">MINES</hi>
<hi rend="smallCaps">
<rs id="t18550917-851-verdict-1" type="verdictDescription">
<interp inst="t18550917-851-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18550917-851-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.</p>
<xptr type="pageFacsimile" doc="185509170010"/>
<hi rend="smallCaps">
<persName id="t18550917-name-52" type="witnessName">
<interp inst="t18550917-name-52" type="gender" value="male"/>
<interp inst="t18550917-name-52" type="surname" value="GREEK"/>
<interp inst="t18550917-name-52" type="given" value="ALFRED"/>ALFRED GREEK</persName> </hi> (
<hi rend="italic">City policeman</hi>). On the afternoon of 27th Aug. I was on duty in Fleet-street—I saw the four prisoners together, walking up Ludgate-hill—I followed them—Murray, Hart, and Sullivan went into a tailor's shop—Mines remained outside—in about a quarter of an hour the others came out of the shop, and joined Mines—they went up Ludgate-hill, into a stay shop—the three females went in, and Murray remained outside—the females came out—they joined company, and went to Mr. Cunning
<lb/>ham's—Mines remained outside—the others went in, and were there some time—they then left, and Murray, Hart, and Sullivan went into Mr. White's—Mines remained outside—they left there, and were all running down Bucklersbury—I followed them to Tower-hill, and got assistance, and took them into custody.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-53" type="witnessName">
<interp inst="t18550917-name-53" type="gender" value="male"/>
<interp inst="t18550917-name-53" type="surname" value="SHIPMAN"/>
<interp inst="t18550917-name-53" type="given" value="HENRY"/>HENRY SHIPMAN</persName> </hi>. I am assistant to Messrs. Perceval Wallis's and Perceval Baker—I came down from dinner while the prisoners were in the shop—I heard Murray say he would leave 2
<hi rend="italic">s</hi>. on the coat, and they went away—I did not miss anything, our stock is too large—this coat has our mark on it—the other witness, Miles, who was in the shop is not here; be is ill with a fever, and not able to attend.</p>
<hi rend="italic">The deposition of James Daniel Miles was read as follows</hi>: "I am assistant to Perceval Wallis and Perceval Baker, No. 288, Holborn, clothiers—yesterday afternoon, between 2 and 3 o'clock, the prisoner, Murray, came into our shop, and shortly after Hart and Mines came in—Murray said he wanted to look at some coats, which I showed him—he looked at a great number, and said the price was too high, and asked to look at some cheaper ones, and then he selected one, and said he should like a little alteration—I said I would do it—he said, "If I leave a shilling deposit I suppose that will do?" Hart said, "Oh, leave him two shillings", and he gave me 2
<hi rend="italic">s</hi>. as a deposit, and they were to call for the coat this night—as soon as they were gone, we suspected something wrong—the coat produced is one of those I showed them—it has our ticket upon it in Mr. Wallis's writing—I did not sell them this coat—the male prisoner liked this coat, but the price was too high—the value of it is 1
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—I am quite sure it is my employer's property. J. D. Miles.")</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">HENRY SHIPMAN</hi>.
<hi rend="italic">Q.</hi> Were you present when this coat was shown
<hi rend="italic">to</hi> Murray?
<hi rend="italic">A.</hi> Yes—the other prisoners were near enough to have taken the coat without his knowing it—they were quite close to it.</p>
<hi rend="largeCaps">MURRAY</hi>
<hi rend="smallCaps">
<rs id="t18550917-851-verdict-2" type="verdictDescription">
<interp inst="t18550917-851-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18550917-851-verdict-2" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
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<join result="criminalCharge" id="t18550917-852-charge-2" targOrder="Y" targets="def2-852-18550917 t18550917-852-offence-1 t18550917-852-verdict-1"/>
<join result="criminalCharge" id="t18550917-852-charge-3" targOrder="Y" targets="def3-852-18550917 t18550917-852-offence-1 t18550917-852-verdict-1"/>
<join result="criminalCharge" id="t18550917-852-charge-4" targOrder="Y" targets="def4-852-18550917 t18550917-852-offence-1 t18550917-852-verdict-1"/>
<hi rend="largeCaps">
<persName id="def1-852-18550917" type="defendantName">
<interp inst="def1-852-18550917" type="gender" value="male"/>
<interp inst="def1-852-18550917" type="surname" value="MURRAY"/>
<interp inst="def1-852-18550917" type="given" value="WILLIAM"/>WILLIAM MURRAY</persName>,
<persName id="def2-852-18550917" type="defendantName">
<interp inst="def2-852-18550917" type="gender" value="female"/>
<interp inst="def2-852-18550917" type="age" value="18"/>
<interp inst="def2-852-18550917" type="surname" value="SULLIVAN"/>
<interp inst="def2-852-18550917" type="given" value="MARY"/> MARY SULLIVAN</persName>,
<persName id="def3-852-18550917" type="defendantName">
<interp inst="def3-852-18550917" type="gender" value="female"/>
<interp inst="def3-852-18550917" type="age" value="18"/>
<interp inst="def3-852-18550917" type="surname" value="HART"/>
<interp inst="def3-852-18550917" type="given" value="MARY"/> MARY HART</persName> </hi>, and
<persName id="def4-852-18550917" type="defendantName">
<interp inst="def4-852-18550917" type="gender" value="female"/>
<interp inst="def4-852-18550917" type="age" value="17"/>
<interp inst="def4-852-18550917" type="surname" value="MINES"/>
<interp inst="def4-852-18550917" type="given" value="MARY ANN"/>
<hi rend="largeCaps">MARY ANN MINES</hi> </persName> were
<hi rend="italic">again</hi> indicted for
<rs id="t18550917-852-offence-1" type="offenceDescription">
<interp inst="t18550917-852-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18550917-852-offence-1" type="offenceSubcategory" value="simpleLarceny"/>stealing 1 cap, value 1
<hi rend="italic">s</hi>., the goods of
<persName id="t18550917-name-58" type="victimName">
<interp inst="t18550917-name-58" type="gender" value="male"/>
<interp inst="t18550917-name-58" type="surname" value="CUNNINGHAM"/>
<interp inst="t18550917-name-58" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18550917-852-offence-1 t18550917-name-58"/>George Cunningham</persName>: to which</rs> </p>
<hi rend="largeCaps">SULLIVAN</hi>
<hi rend="smallCaps">
<rs id="t18550917-852-verdict-1" type="verdictDescription">
<interp inst="t18550917-852-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18550917-852-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 18.</p>
<hi rend="largeCaps">HART</hi>
<hi rend="smallCaps">
<rs id="t18550917-852-verdict-2" type="verdictDescription">
<interp inst="t18550917-852-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18550917-852-verdict-2" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 18.</p>
<hi rend="largeCaps">MINES</hi>
<hi rend="smallCaps">
<rs id="t18550917-852-verdict-3" type="verdictDescription">
<interp inst="t18550917-852-verdict-3" type="verdictCategory" value="guilty"/>
<interp inst="t18550917-852-verdict-3" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 17.</p>
<hi rend="italic">
<rs id="t18550917-852-punishment-11" type="punishmentDescription">
<interp inst="t18550917-852-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18550917-852-punishment-11" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-852-18550917 t18550917-852-punishment-11"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-852-18550917 t18550917-852-punishment-11"/>
<join result="defendantPunishment" targOrder="Y" targets="def4-852-18550917 t18550917-852-punishment-11"/>Confined Nine Months</rs> </hi>.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-59" type="witnessName">
<interp inst="t18550917-name-59" type="gender" value="male"/>
<interp inst="t18550917-name-59" type="surname" value="GREEN"/>
<interp inst="t18550917-name-59" type="given" value="ALFRED"/>ALFRED GREEN</persName> </hi>. I saw all the prisoners together in Fleet-street, on 27th Aug.—they went up Ludgate-hill, and Murray, Hart, and Sullivan went into a tailor's shop; they came out and joined the other—the females went into a stay shop; they came out and joined Murray, and they went to Mr. Cunningham's shop, and all but Mines went in there—they came out, and all went down Cheapside, and went into Mr. White's—they came out; I went in and spoke to the shopman; I came out, and they were all running down Bucklersbury; I followed them—I saw Murray take his own cap off and put this green one on—they got on to Tower-hill—I got</p>
<xptr type="pageFacsimile" doc="185509170011"/>
<p>assistance, and took them to the police station—I asked them how many caps they had about them; Murray made no reply—I searched him, and in his pocket I found this cap.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-60" type="witnessName">
<interp inst="t18550917-name-60" type="gender" value="male"/>
<interp inst="t18550917-name-60" type="surname" value="BEAVAN"/>
<interp inst="t18550917-name-60" type="given" value="JOSEPH"/>JOSEPH BEAVAN</persName> </hi>. I am in the employ of Mr. George Cunningham. On the afternoon of 27th Aug. Murray, Sullivan, and Hart came into our shop—they wanted to look at some plaid caps, which I showed them, of different patterns—Murray said he saw none that he liked—I showed him some like this one, and of this make—to the best of my belief, this is one of the caps I showed them.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-61" type="witnessName">
<interp inst="t18550917-name-61" type="gender" value="indeterminate"/>
<interp inst="t18550917-name-61" type="surname" value="DEFENCE"/>
<interp inst="t18550917-name-61" type="given" value="MURRAY'S"/>MURRAY'S DEFENCE</persName> </hi>. I saved up 18
<hi rend="italic">s</hi>., which I gave my father to mind; I asked him on Monday morning to give it me;, he would not give me the whole, for fear I should spend it; he gave me 5
<hi rend="italic">s</hi>.; I was going to Well-street to a clothier's and in going along I saw these girls; they asked me where I was going; I said where I could get a coat; they took me to the is gentleman's shop, and I left 2
<hi rend="italic">s</hi>. on a coat; we left, and when we got to the cap shop they said, "There are some nice caps"; I went in to ask the price, and I left, and when I got to Thames-street, one of the females gave me this cap, and I put it on my head.</p>
<hi rend="largeCaps">MURRAY</hi>
<hi rend="smallCaps">
<rs id="t18550917-852-verdict-2" type="verdictDescription">
<interp inst="t18550917-852-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18550917-852-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.* Aged 20.—
<hi rend="italic">
<rs id="t18550917-852-punishment-12" type="punishmentDescription">
<interp inst="t18550917-852-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18550917-852-punishment-12" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-852-18550917 t18550917-852-punishment-12"/>Confined Twelve Months</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18550917-853">
<interp inst="t18550917-853" type="uri" value="sessionsPapers/18550917"/>
<interp inst="t18550917-853" type="date" value="18550917"/>
<join result="criminalCharge" id="t18550917-853-charge-1" targOrder="Y" targets="def1-853-18550917 t18550917-853-offence-1 t18550917-853-verdict-1"/>
<persName id="def1-853-18550917" type="defendantName">
<interp inst="def1-853-18550917" type="gender" value="male"/>
<interp inst="def1-853-18550917" type="age" value="45"/>
<interp inst="def1-853-18550917" type="surname" value="DEAR"/>
<interp inst="def1-853-18550917" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN DEAR</hi> </persName>
<rs id="t18550917-853-offence-1" type="offenceDescription">
<interp inst="t18550917-853-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18550917-853-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, stealing 2 vases, and other goods, value 2
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>.; the goods of
<persName id="t18550917-name-63" type="victimName">
<interp inst="t18550917-name-63" type="gender" value="male"/>
<interp inst="t18550917-name-63" type="surname" value="FEAST"/>
<interp inst="t18550917-name-63" type="given" value="ROBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t18550917-853-offence-1 t18550917-name-63"/>Robert Feast</persName>, his master: to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18550917-853-verdict-1" type="verdictDescription">
<interp inst="t18550917-853-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18550917-853-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 45—
<hi rend="italic">
<rs id="t18550917-853-punishment-13" type="punishmentDescription">
<interp inst="t18550917-853-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18550917-853-punishment-13" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-853-18550917 t18550917-853-punishment-13"/>Confined Twelve Month</rs> </hi>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, September</hi> 18
<hi rend="italic">th</hi>, 1855.</p>
<hi rend="largeCaps">PRESENT</hi>—Mr. Ald.
<hi rend="smallCaps">FAREBROTHER</hi>; Mr. Ald
<hi rend="smallCaps">HUNTER</hi>; Mr.
<hi rend="smallCaps">RECORDER</hi>; and Sir
<hi rend="smallCaps">ROBERT WALTER CARDEN</hi>, Knt., Ald.</p>
<hi rend="italic">Before Mr. Recorder and the Second Jury</hi>.</p>
<div1 type="trialAccount" id="t18550917-854">
<interp inst="t18550917-854" type="uri" value="sessionsPapers/18550917"/>
<interp inst="t18550917-854" type="date" value="18550917"/>
<join result="criminalCharge" id="t18550917-854-charge-1" targOrder="Y" targets="def1-854-18550917 t18550917-854-offence-1 t18550917-854-verdict-1"/>
<persName id="def1-854-18550917" type="defendantName">
<interp inst="def1-854-18550917" type="gender" value="male"/>
<interp inst="def1-854-18550917" type="age" value="17"/>
<interp inst="def1-854-18550917" type="surname" value="RUSSELL"/>
<interp inst="def1-854-18550917" type="given" value="ROBERT"/>
<hi rend="largeCaps">ROBERT RUSSELL</hi> </persName>
<rs id="t18550917-854-offence-1" type="offenceDescription">
<interp inst="t18550917-854-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18550917-854-offence-1" type="offenceSubcategory" value="forgery"/>, feloniously forging and uttering an order for the payment of 3
<hi rend="italic">l</hi>., with intent to defraud to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18550917-854-verdict-1" type="verdictDescription">
<interp inst="t18550917-854-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18550917-854-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 17.—
<hi rend="italic">Strongly recommended to mercy</hi>.—
<hi rend="italic">
<rs id="t18550917-854-punishment-14" type="punishmentDescription">
<interp inst="t18550917-854-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18550917-854-punishment-14" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-854-18550917 t18550917-854-punishment-14"/>Confined Four Months</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18550917-855">
<interp inst="t18550917-855" type="uri" value="sessionsPapers/18550917"/>
<interp inst="t18550917-855" type="date" value="18550917"/>
<join result="criminalCharge" id="t18550917-855-charge-1" targOrder="Y" targets="def1-855-18550917 t18550917-855-offence-1 t18550917-855-verdict-1"/>
<persName id="def1-855-18550917" type="defendantName">
<interp inst="def1-855-18550917" type="gender" value="male"/>
<interp inst="def1-855-18550917" type="surname" value="COAPE"/>
<interp inst="def1-855-18550917" type="given" value="HENRY COE"/>
<hi rend="largeCaps">HENRY COE COAPE</hi> </persName>
<rs id="t18550917-855-offence-1" type="offenceDescription">
<interp inst="t18550917-855-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18550917-855-offence-1" type="offenceSubcategory" value="fraud"/> (
<hi rend="italic">indicted with
<persName id="t18550917-name-66">
<interp inst="t18550917-name-66" type="gender" value="male"/>
<interp inst="t18550917-name-66" type="surname" value="EWESBY KING"/>
<interp inst="t18550917-name-66" type="given" value="JAMES"/>James Ewesby King</persName>, not in custody</hi>) for unlawfully obtaining 4,000
<hi rend="italic">l</hi>., of
<persName id="t18550917-name-67" type="victimName">
<interp inst="t18550917-name-67" type="gender" value="male"/>
<interp inst="t18550917-name-67" type="surname" value="SMITH"/>
<interp inst="t18550917-name-67" type="given" value="HENRY PORTER"/>
<join result="offenceVictim" targOrder="Y" targets="t18550917-855-offence-1 t18550917-name-67"/>Henry Porter Smith</persName> by false pretences. Other
<hi rend="smallCaps">COUNTS</hi>, for conspiracy.</rs> </p>
<hi rend="smallCaps">MESSRS. BODKIN</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">SLEIGH</hi>
<hi rend="italic">conducted the Prosecution</hi>.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-68" type="witnessName">
<interp inst="t18550917-name-68" type="gender" value="male"/>
<interp inst="t18550917-name-68" type="surname" value="SMITH"/>
<interp inst="t18550917-name-68" type="given" value="HENRY PORTER"/>HENRY PORTER SMITH</persName> </hi>. I am not in any profession, and live upon my property at East Sheen, in the county of Surrey. In June, 1854, I attended at No. 11, Waterloo-place for the purpose of making an advance of money—Mr. Kirby acted as my agent in the matter—I believe he is a conveyancer—on that occasion I saw Mr. Coape and Mr. King at Mr. Kirby's office—No. 11, Waterloo-place is Mr. Kirby's office, it is the office of the Albert Assurance Company—on that occasion Coape and King executed a deed—after the execution of certain deeds, I paid over 4,000
<hi rend="italic">l</hi>. to Mr. King by direction of Mr. Coape—there was conversation, but no fact strikes me par
<lb/>ticularly—Mr. King was talking, Mr. Coape was talking, but nothing that I am aware of that bears upon this question—I paid over the money upon Mr. Kirby's advice, ho acted entirely—I was relying entirely upon Mr.</p>
<xptr type="pageFacsimile" doc="185509170012"/>
<p>Kirby being satisfied in the transaction—there was conversation between Mr. Coape, Mr. King, and Mr. Kirby—I was induced to pay over this money to Mr. King by the direction of Mr. Coape, from statements made to me through Mr. Kirby of Mr. Coape's property.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> I suppose you are not at all connected with the Albert?
<hi rend="italic">A.</hi> Not in any manner—I did not employ any solicitor, I employed Mr. Kirby solely—I have known him nearly thirty yean—I looked to him to see that I had a good security—I looked to him to give me a good security, to do all the matters that a solicitor would have done on my behalf, to give me a good security—he was not to receive anything for it from me—no doubt he would get what he could out of the party, there was no agreement with me as to that—I left it to him to get what he could, I never heard what he did get—8,000
<hi rend="italic">l</hi>. was advanced altogether, 4,000
<hi rend="italic">l</hi>. by me, and 4,000
<hi rend="italic">l</hi>. by Sir John Wilson—I have said to Mr. Kirby that it was a most unfortunate case, but beyond an expression of that kind I do not think I have blamed him—I have not told him that I should look to him in any way—I do not think I have blamed him to himself, but I certainly blamed him in my own mind, if I am to lose money in this manner—I do not think I have said so to him—I do not know whether there is any dividend, I have inquired—I have been making the best inquiry I could, but the accounts are so contradictory—I have not received anything—I really have exerted myself to make inquiries, but I got such contradictory statements—some say I shall not get any thing, and others that I shall get some small dividend or other—I had no means of getting at the value of the property conveyed, except from the schedule—personally I have taken no means whatever—through Mr. Kirby I have taken the best means that he could suggest to carry out, but I, personally, have taken no means whatever—I have had no power of getting information, I have inquired in various quarters.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-69" type="witnessName">
<interp inst="t18550917-name-69" type="gender" value="male"/>
<interp inst="t18550917-name-69" type="surname" value="BRETT"/>
<interp inst="t18550917-name-69" type="given" value="JOHN"/>JOHN BRETT</persName> </hi>. I am clerk to Mr. Kirby, his office is at the Albert Insur
<lb/>ance Office, Waterloo-place. He is a conveyancer—I am the subscribing witness to this deed—the parties to it are James Ewesby King of the first part, Henry Coe Coape of the second part, Henry Porter Smith of the third part, and George Goldsmith Kirby of the fourth part—it is dated 3rd June, 1854—(
<hi rend="italic">The deed was put in and read in part; it recited the will of Henry Coape, Esq., the father of the defendant, by which it appeared that certain lands therein named were bequeathed to the defendant with other property, which lands were assigned to Mr. Smith, as security for the advance in question</hi>).</p>
<hi rend="italic">Q.</hi> What part, if any, of that deed was read to the parties before it was executed?
<hi rend="italic">A.</hi> To the best of my recollection, I read nearly the whole of it, if not quite—I do not remember reading the part describing the parcels of property intended to be conveyed, as distinct from any other, but to the best of my belief I did read it; I am nearly certain that I did so—I made a memorandum on the draft of having read and explained the deed, and those parts that I did not read at length, I explained—I have got the draft with me (
<hi rend="italic">produced</hi>)—I went through the deed, and either read every clause, or explained the clause as I came to it; for instance, the probability is that I stated at first that it recited the father's will—I think it must have been in that way, without reading through the whole of the will-besides Mr. Coape, Mr. King, Mr. Kirby, Mr. Rogers the solicitor, was present on that occasion—he was solicitor for Mr. Coape—he represented Mr. Coape—I think nobody else was present at the reading of the deed—Mr. Smith and Sir John Wilson came in before the completion—Mr. Rogers was present as solicitor for the two parties, Mr. King and Mr.</p>
<xptr type="pageFacsimile" doc="185509170013"/>
<p>Coape—I do not think any body else was present—Mr. Smith and Sir John Wilson were in the room at the time of completing it, but I think not during the reading of the deed; it occupied, I should think, nearly two hours altogether—a warrant of attorney was also executed at the same time—this is it (
<hi rend="italic">produced</hi>)—it was executed by Mr. Coape and Mr. King—Mr. Rogers acted as the solicitor for Mr. Coape, in the execution of that warrant of attorney—there was also a statutory declaration made by Mr. Coape—the filling in of the amount of rents is in my writing, and the residence of Mr. Coape at the commencement—the other parts of the writing, I think, was done by the stationer's clerk—I did not fill in the names—in the sentence, "And I further declare that each of the heredita
<lb/>ments are of the annual value of 1,300
<hi rend="italic">l</hi>", the words 1,300 are in my writing, and also the 1,700 as the annual value of the life estates—I drew the declaration, leaving the sums blank, for the purpose of obtaining them—I cannot say whether I handed it to Mr. Rogers to get the information, or whether I obtained it from Mr. Coape direct—it was either from Mr. Rogers or Mr. Coape—I obtained the information in the room during that two hours' interview, at the time of completion—it was declared at the time—the declaration was handed by me to the parties to read over and give the information, and no doubt it was read over.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you hand it to Mr. Rogers or to the defendant?
<hi rend="italic">A.</hi> I cannot recollect at this distance of time the precise way in which it was done—I either handed it to Mr. Rogers or to Mr. Coape.</p>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> Can you say whether it was read, no matter by whom, at that meeting?
<hi rend="italic">A.</hi> It was read certainly—I do not remember seeing it signed by Mr. Coape after it was read; I have no doubt I did, but I do not remember it distinctly; there is no subscribing witness to it—after this proceeding had been gone through, I saw 8,000
<hi rend="italic">l</hi>. paid; 4,000
<hi rend="italic">l</hi>. by Mr. Smith, and 4,000
<hi rend="italic">l</hi>. by Sir John Wilson—the money was paid to Mr. King; he was the principal, Mr. Coape was the surety—it recites in the deed that it was paid to King with the assent of Coape—Mr. Coape was present when King took the money.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BALLARTHNE</hi>.
<hi rend="italic">Q.</hi> Can you, upon refreshing your memory, tell me whether you read the whole of that deed or not?
<hi rend="italic">A.</hi> I can only speak from recollection, and from the time the business took in completing; I believe I read very nearly the whole of it—I think the parties got more tired of it than I did, for I am somewhat accustomed to it—I had two more, I think, on that same day—I believe throughout the whole transaction it was avowed to be a loan for King—I do not know what was understood by the parties, I understood it to be a loan to King—Mr. Rogers was acting as solicitor for both King and Coape—we looked upon him as the solicitor for both parties—I had known Mr. Rogers before—Mr. Kirby and Mr. Rogers have done business together, I believe a good deal—Mr. Kirby did not introduce Mr. Rogers in this matter—the business was introduced by Mr. Rogers to Mr. Kirby—Mr. Rogers was the solicitor, and he brought the matter to Mr. Kirby, as to whether he could advance such a sum—Mr. Kirby had not first advised them to go to Mr. Rogers, he had no communication with the parties—as far as I know, the initiative in this matter was taken by Mr. Rogers—he introduced it to Mr. Kirby—this deed had only come from the stationers that same morning—the draft had been settled on the previous day, I think, by Mr. Whitworth; it was engrossed the same evening—I believe at the request of the parties it was completed in haste—it was stated in the course of the negotiation, that</p>
<xptr type="pageFacsimile" doc="185509170014"/>
<p>King required the money—I do not know that it was said he had debts of honour—Mr. Rogers, I believe, supplied Mr. Kirby with the chief part of the information for the bond—when Mr. Kirby required information, he wrote to Mr. Rogers for it—I went down to Maldon, in Essex, in May—I went to make inquiry upon the subject of the allegations contained in the deed—I went with the agent of the Albert Insurance-office, just to check the statement of the parties—the negotiation for this loan had begun in February.</p>
<hi rend="italic">Q.</hi> The names of all the farms had been given to you, and you were directed, were you not, to go down into Essex to make inquiry upon the subject?
<hi rend="italic">A.</hi> No, it was not precisely so—a copy of the will was obtained by us, and I was directed to go to the agent of the Assurance Company, and ask him if his knowledge permitted him to say that Mr. Coape had property to that extent—I went to make inquiries—it was not my duty to make fall inquiries upon the subject—it was my duty to ask the agent of the Company to whom I was directed, whether he knew Mr. Coape, and whether he was known to be a person of property in that neighbourhood—I was not sent to ascertain the value of these securities, it was to ascertain whether it was known that Mr. Coape was a gentleman of property there—whether it was a fiction or not whether he really had property there—I should say that Mr. Coape did not know that the inquiries were made, till afterwards; he knew, at the time he signed the deed, that I had made the inquiry—Mr. Smith had been a client of Mr. Kirby for some years—I can scarcely say for what purpose he was employed by Mr. Smith.</p>
<hi rend="italic">Q.</hi> Have you the least doubt in the world that it was your duty to make inquiries on the subject of the property, and that you grossly neglected your duty?
<hi rend="italic">A.</hi> No; I did what I was directed to do, and no more and no less—all my instructions were to go to the agent of the Assurance Company—Mr. Kirby directed me merely to go to the agent of the Assurance Com
<lb/>pany, and I performed the duty imposed upon me—I was not directed to go round to the farms—they were not in the immediate orbit—I was informed that they lay in various directions, and that certain parts of the river or sea would prevent my getting at them—I do not know how much Mr. Kirby got for his advice and assistance to Mr. Smith in this matter—I have heard, of course—I believe it was 200
<hi rend="italic">l</hi>.—I did not receive the money, but I have heard in the office that it was 200 guineas in each case—that would be 400 guineas—I do not know whether Mr. Rogers got the same—I do not know what he got—various inquiries were made at the Tithe Commutation Office, and a copy of the will was bespoke at Doctors' Com
<lb/>mons, and the stamps,' I think, you will find amount to 40
<hi rend="italic">l</hi>.—Mr. Kirby paid for the stamps—we made all the inquiries that we thought necessary.</p>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> When was it you went down to Maldon?
<hi rend="italic">A.</hi> On 11th May, 1854—I do not know whether that was at a period of the trans
<lb/>action when a gentleman named Gregory was making an application, or after that had ceased—the Albert Office have an agent at Maldon—I went down, and took an extract of the will with me—I went to make inquiry whether there was such a person as Mr. Coape there, and whether he was reputed to be a person of property—I found that to be so—this was not a transaction by the Insurance Company.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-70" type="witnessName">
<interp inst="t18550917-name-70" type="gender" value="male"/>
<interp inst="t18550917-name-70" type="surname" value="DRAKE"/>
<interp inst="t18550917-name-70" type="given" value="PHILIP"/>PHILIP DRAKE</persName> </hi> I am a notary public, my offices are at the Royal Ex
<lb/>change. On 3rd June, last year, I attended at Waterloo-place, where this declaration was made before me, by a gentleman calling himself Coape—I. do not recognise the defendant—(
<hi rend="italic">This was a declaration by the defendant</hi>,</p>
<xptr type="pageFacsimile" doc="185509170015"/>
<hi rend="italic">that he was entitled to the property assigned by the deed, and that the foe simple was of the annual value of</hi> 1,300
<hi rend="italic">l</hi>.,
<hi rend="italic">and was encumbered to the extent of</hi> 6,000
<hi rend="italic">l</hi>.,
<hi rend="italic">and</hi> 10,000
<hi rend="italic">l</hi>.;
<hi rend="italic">and the leasehold was of the annual value of</hi> 600
<hi rend="italic">l</hi>.,
<hi rend="italic">and mortgaged to the extent of</hi> 2,500
<hi rend="italic">l</hi>.)</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Are you frequently called in to do this sort of thing?
<hi rend="italic">A.</hi> Not very frequently—I do not suppose I have had a score of cases in the course of my practice, which is fifty-five years, and those in very recent times—the last was about a year and a quarter ago—all of them have been in the course of the last five or six years—it is a new practice—I did not read it over to him, that was no part of my duty—all 1 know is, that the declara
<lb/>tion was made to me in the usual way—I know nothing beyond that—all I look to is, that the party signs it in my presence, that it is hit proper name and handwriting, and he believes the contents of the declaration to be true—I did not hear it read to him.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-71" type="witnessName">
<interp inst="t18550917-name-71" type="gender" value="male"/>
<interp inst="t18550917-name-71" type="surname" value="KIRBY"/>
<interp inst="t18550917-name-71" type="given" value="GEORGE GOLDSMITH"/>GEORGE GOLDSMITH KIRBY</persName> </hi>. I am managing director of the Albert In
<lb/>surance Company, at No. 11, Waterloo-place. I am also a conveyancer—that office was established in 1838—I have been connected with it during the whole of that time—there are nine directors including myself—I know Mr. Rogers, a solicitor—in Feb. 1854, an application was made to mo by Mr. Rogers, with respect to a loan of from 3,000
<hi rend="italic">l</hi>. to 5,000
<hi rend="italic">l</hi>., as stated in this memorandum—I received this paper from Mr. Rogers, or Mr. Allen—Mr. Allen is connected with Mr. Rogers in procuring loans—in consequence of what was stated to me in reference to this loan, I procured an official extract from the will of the late Mr. Coape, the defendant's father—I know Mr. King—I saw him some three or four times during the negotiation for this loan—I had several letters from Mr. King to Mr. Rogers handed to me, and I have had one at least from Mr. King myself, if not more—Mr. King wrote to Mr. Rogers a letter that was handed to me, and one letter I had direct from Mr. King—I arranged with Mr. Rogers for the advance of 8,000
<hi rend="italic">l</hi>.; 4,000
<hi rend="italic">l</hi>. by Mr. Smith, and 4,000
<hi rend="italic">l</hi>. by Sir John Wilson—I saw Mr. Coape, on passing by him in my own office, ten days before this business was completed, but did not speak to him; and then on the day of its com
<lb/>pletion, he was in my clerk's office with Mr. King and Mr. Rogers, but I had no conversation with him on that day—the Albert Company advanced 750
<hi rend="italic">l</hi>. upon that day, or the day before, nominally for a month, upon the understanding that it was to be repaid upon the completion of the loan—it was advanced to Mr. Coape and Mr. King, upon their joint warrant of attor
<lb/>ney—it was on 24th May—it was repaid to the Society when the loan was completed, on 3rd June—Mr. King made some hesitation about paying it on that day, and said as it was lent for a month, and that month was not up, it might as well be paid at the end of the month—I said it was agreed to be paid when the 8,000
<hi rend="italic">l</hi>. was advanced, and Mr. Coape recommended him to pay it then, and he did so—the whole 8,000
<hi rend="italic">l</hi>. was handed over to Mr. King, and out of that he paid the Company's secretary 750
<hi rend="italic">l</hi>.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Do you mean that you went through the form of paying the whole sum, and then taking back the 750
<hi rend="italic">l</hi>.?
<hi rend="italic">A.</hi> Yes—my office is two stories above the offices of the Company.</p>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> Had the Company anything to do with this transaction more than the advancing of the 750
<hi rend="italic">l</hi>.?
<hi rend="italic">A.</hi> Nothing whatever—the Com
<lb/>pany had nothing to do with the 8,000
<hi rend="italic">l</hi>—I directed an inquiry to be made with respect to the property that was proposed as security for the advance—(
<hi rend="italic">looking at a letter</hi>) I believe this to be in the hand writing of Mr. Coape—this letter was handed to me by Mr. Rogers, I think—that was before I</p>
<xptr type="pageFacsimile" doc="185509170016"/>
<p>had expressed myself satisfied with the security proposed—this was given in answer, as it were, to some inquiries about it—(
<hi rend="italic">looking at several letters</hi>) this letter, beginning "My dear Coape", I understand to be Mr. Teesdale's writing—he is a solicitor—the others are Mr. King's writing—all of these letters reached me through Mr. Rogers—there seems to be one here from Mr. King to myself—that I received from Mr. King, the others I received from Mr. Rogers—I was present when this matter was completed and the money paid—it was on 3rd June, last year—I do not think I can tell what parts of the deed were read before it was executed—I was in and out of the room while the matter was being settled, but I was there when it was actually completed, the deed signed, and the money paid—I do not think I was present when the blanks in the statutory declaration were filled up, because I remember being asked a question about the amount filled in, and as to the rents of the leasehold property, afterwards—my clerk came to me, and said that the sum had been put in—that was before the business was over, before the cheques were signed, or the money paid—my clerk came to me when I went into the room, and said the amount of rents Mr. Coape had put in was 600
<hi rend="italic">l</hi>. on the leasehold property, instead of 900
<hi rend="italic">l</hi>., as had been represented, and Mr. Coape came up to me, and said, "Yes, it was a larger amount, 900
<hi rend="italic">l</hi>. before; but I sold some of the leases, and the mortgage debt was reduced by the payment of the purchase money, to 2,400
<hi rend="italic">l</hi>".; not reduced to the extent of 2,400
<hi rend="italic">l</hi>., but reduced down to 2,400
<hi rend="italic">l</hi>.—Mr. Coape personalty gave me that explanation of his leasehold property; that is the Pamlico pro
<lb/>perty—he gave me no explanation whatever with respect to the freehold property—he made one observation as to his freehold property, that there was much more of it than I had been able to find out—that was said at the same time, at the time of the meeting—he said that his property was larger than I had been able to find out, larger than I had been able to discover—I had not made out satisfactorily the whole 1,100 acres at one time—I think I made some observation of that kind to him, and he said there was a good deal more than I had been able to find out—I had sent my clerk down into the neighbourhood of Maldon to make inquiries as to the acreage of the property generally, and the value of the rents—I furnished him with the extract from Mr. Coape's father's will for that purpose—I suggested that he should apply to Mr. Bridges, of Maldon, to whom he told me he went—Mr. Bridges happened to be one of the agents of the Albert Life Office—we made a great number of searches at the Tithe Commutation Office to ascer
<lb/>tain the parcels, and extent of the property of Mr. Coape, and we found Bridgemarsh, and Plumes, and Westwicks mentioned, or rather the parishes in which they were stated to be in, and the number of acres—I did not find there were such names, but the acreage Mr. King gave agreed with the acreage we found at the Tithe Commutation Office in those parishes—the acreage would not appear in the Tithe Commutation Office, whether the property was sold or not—they were under Mr. Coape's name—I did not make any such inquiry as would have enabled me to ascertain whether any part of this land had been sold—it never occurred to us that the property could have been sold.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> The deed recites that some of it had been mortgaged?
<hi rend="italic">A.</hi> Mortgaged to the extent of 6,000
<hi rend="italic">l</hi>. and 10,000
<hi rend="italic">l</hi>.—it was perfectly clear that Mr. Coape had been dealing with the property for the purpose of raising money—that was apparent on the particulars given to me, and on the face of the deed—I was acting as a conveyancer in this matter, in the same way in conveyancing business as a solicitor acts—</p>
<xptr type="pageFacsimile" doc="185509170017"/>
<p>the business of a conveyancer is to investigate titles, and to prepare deeds—I think it is a conveyancer's business to send clerks into the country to make inquiry.</p>
<hi rend="italic">Q.</hi> Was there anything on earth to prevent you or your clerk inquiring of the tenants of these farms who was the landlord?
<hi rend="italic">A.</hi> Not unless the restriction that we were not to make the matter known to Mr. Teesdale, would have precluded us from doing it.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Was there a restriction that you were not to make the matter known to Mr. Teesdale?
<hi rend="italic">A.</hi> Yes—that was made to me by Mr. Rogers, that Mr. Coape objected to my doing so.</p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Then you knew that Mr. Teesdale was the pri
<lb/>vate solicitor of Mr. Coape?
<hi rend="italic">A.</hi> Yes—I believe Messrs Teesdale's to be a highly respectable firm.</p>
<hi rend="italic">Q.</hi> Did you make any inquiry of them before you advised your clients to advance 8,000
<hi rend="italic">l</hi>.?
<hi rend="italic">A.</hi> On the morning of the settlement I sent to ascertain whether the letter that had been produced to me was written by them—I did not make any inquiry of them respecting the title to the property upon which I was advising my clients to advance the 8,000
<hi rend="italic">l</hi>.—I was restricted from that—I made no inquiry except whether the letter was in the hand
<lb/>writing of Mr. Teesdale—in loan cases there are generally great objections to being allowed to make inquiries of the tenants or on the premises; it is a common thing to have that restriction imposed—that was the reason I did not make inquiry of Mr. Teesdale—I think if I had gone down to Maldon myself, I might have made some inquiry of the tenants, but my clerk thought he had got sufficient information—he told me he had gone to two persons, one of whom he was referred to by the person of whom I had directed him to make inquiry; they, professed to know the property, to be aware of the acreage and the rental of the property at Maldon, and I was satisfied—they were apparently disinterested parties—hearing that there is a mortgage upon a portion of property, would certainly make one desirous of knowing to what extent it was entangled, and I wrote a letter to Mr. Rogers stating that I could not dispense with inquiry of the first mortgagee—I did not do so, but in lieu of permitting me to make that inquiry, Mr. Rogers furnished me with the letter written by Mr. Teesdale to Mr. Coape, for the purpose of showing that there were no other incumbrances than those that he stated, namely 10,000
<hi rend="italic">l</hi>. and 6,000
<hi rend="italic">l</hi>.—I did not make inquiries of the first mortgagee; they brought me that letter to prevent my doing so—that did prevent me—they stated that those inquiries could not be made without Mr. Teesdale being made acquainted with the transaction—of course I now wish that I had made inquiry of the teuants of these farms, if I had, I have no doubt I should have learnt the full particulars.</p>
<hi rend="italic">Q.</hi> So that Mr. Smith has lost this money through your negligence?
<hi rend="italic">A.</hi> Rather through the restriction, not being permitted to make inquiry.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> That very restriction ought to have excited the suspicion of any professional man, one would have thought?
<hi rend="italic">A.</hi> Then they produced that letter to show----</p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Do you not know that these forms upon which you pretend to have advanced the money, were sold by public auction in Essex?
<hi rend="italic">A.</hi> I know it now—I do not know where they were sold; I forget; I know it was by public auction—I do not know whether it was in the county—I seriously mean that I advised my client, Mr. Smith, to advance this sum of money. and never ascertained the fact that the</p>
<xptr type="pageFacsimile" doc="185509170020"/>
<p>property had been sold by public auction—the Albert Office received back the 750
<hi rend="italic">l</hi>. out of the money—I had 400 guineas—I have nothing to do with what Mr. Rogers had—the office derived no profit from that 750
<hi rend="italic">l</hi>—it was advanced for a month—they would not have lost that 750
<hi rend="italic">l</hi>. if the loan had not been completed—there was property then, and the Company had a warrant of attorney—I had the 400 guineas for the investigation, and preparing the securities in both cases—the office has lately presented me with a testimonial of 1,000
<hi rend="italic">l</hi>.—I did not make out any bill of costs; the sum was agreed upon—I do not of my own knowledge know that Mr. Rogers had 400
<hi rend="italic">l</hi>.; I have no doubt whatever that he had—I think Mr. King is a son of the late Admiral King—I believe Mr. Rogers is a solicitor; I have not the slightest doubt of it—I think he is; I feel quite sure of it—his name is in the Law list, therefore I ought perhaps to say he is—he has made several applications to me—we do not work together—it is not a joint affair—we do not share the people—we did not divide Mr. Smith between us, nor Mr. Cope—400 guineas was my charge—Mr. Rogers had 400
<hi rend="italic">l</hi>. I rather think—Mr. Rogers introduces persons wanting money—he applies to me to borrow money on behalf of persons by whom he is employed—there is very rarely a bill of costs in annuity transactions—I did not tell Mr. Smith or Sir John Wilson that I had got 400 guineas; I have not been asked—it has not yet occurred to me to return it—the statutory declaration was not for the purpose of catching them by the criminal law, in the event of matters turning out wrong—the great object was to test the accuracy of their statements—that was the only value of it.</p>
<hi rend="italic">Q.</hi> And to force a settlement from their relations by a threat of criminal proceedings?
<hi rend="italic">A.</hi> I never did so yet—I never proposed to anybody that the matter could be settled by this gentleman's relations paying the money—it has been talked of by two or three persons to me—several persons have asked me whether it would be settled—Mr. Semple asked me—he is one of the parties who lent Mr. Coape money before—I do not think Mr. Semple had taken a declaration, he did not tell me so—I do not think that Mr. Smith has spoken about it—Mr. Smith and I have not talked over this matter with a view to a settlement—I have never received any instructions at all from Mr. Smith—I have said to Mr. Smith that I should be very glad if it was settled—that was not a suggestion, I do not know what it was—I should have been very glad to get rid of the business—I do not know any other way of getting rid of it than by repurchasing the annuities—the annuities are repurchasable—that would have got the money back—I should have been pleased to have got rid of the thing—I have no interest, except in taking care of Mr. Smith—I have not said to Mr. Smith, "Why, Coape arranged with Semple, and we shall get the money too"—I do not think I have said anything to that effect—I will swear I have not said it—I think I have not said anything to that effect—I told Mr. Smith, of course, of Mr. Semple having had his money, and I hoped they would get him his, or something of that sort; that they would repay him; that they would repurchase the annuity—that must have been after the indictment, because the indictment went on directly it was known—I should have allowed the annuities to be repurchased after the indictment was found, if it could have been done with propriety, safely—the same sort of thing has not gone on between me and Sir John Wilson—I have not seen much of Sir John, he has been away mostly—I was acting both for him and Mr. Smith in this transaction—it was in respect of both the transactions that the costs were</p>
<xptr type="pageFacsimile" doc="185509170021"/>
<p>paid—I remember Mr. Coape going through the Insolvent Court—I think I was subpoenaed there to produce this deed—I did not attend, my clerk did—I think I sent him with the deed—I know I did.</p>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> What answer was brought by your clerk to the inquiries you directed him to make?
<hi rend="italic">A.</hi> He brought me back word that the rental of Plumes, Westwicks, and Bridgemarsh farms, and some other property, Meek borough and another, I think, was somewhat more than half the rental of that which it had been first represented the fee simple property amounted to—I have since ascertained that those lands were sold by public auction ten years before—in the course of the whole proceedings neither Mr. Coape or Mr. King intimated anything to me with respect to that sale—inquiries were made to ascertain whether there were such lands, and whether Mr. Coape inherited them from his father—my clerk was to ascertain the value of the property, not the title, because that was assumed under the will—it never occurred to me that Mr. Coape had not these lands—I received this letter of Mr. Teesdale's about 21st March, within a day or two of its date—it was on the morning of 3rd June that I sent to ascertain whether it was a genuine letter of Mr. Teesdale's.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you give instructions to the solicitor for the prosecution in this case?
<hi rend="italic">A.</hi> Yes—I consider that I am the prosecutor—it was by Mr. Smith's direction—I mean that Mr. Smith originated it, and told me to employ a solicitor—immediately upon hearing of this, he said he was to be prosecuted—I am acting entirely by his instructions—I did not suggest the prosecution to him—the 750
<hi rend="italic">l</hi>. was lent by the Society at 5
<hi rend="italic">l</hi>. per cent inte
<lb/>rest—their inducement to advance it was an insurance for three months on the life of Mr. King, for the amount of the loan, 750
<hi rend="italic">l</hi>.—the security given was a warrant of attorney by Mr. King and Mr. Coape—besides that, there was an understanding that the 750
<hi rend="italic">l</hi>. was to be repaid out of the 8,000
<hi rend="italic">l</hi>.—I do not suppose it would appear in the Society's books that the 750
<hi rend="italic">l</hi>. was to be paid out of the 8,000
<hi rend="italic">l</hi>.—it would be entered as a loan for a month—I did not negotiate this loan without letting the Directors know what the transaction was, they would know it—I should certainly state it—I do not suppose it would be on the minutes—they were entitled to know the whole circumstances of the transaction, and where the money was to come back from, and they would know—I do not think it would appear in the minute book, or any document—it was merely a private arrangement with the parties, and communicated to the Board—I swear that I communicated it, upon the occasion of the application—I swear that I communicated to the Board that I was about to negotiate a loan of 8,000
<hi rend="italic">l</hi>. for these person s, and to lend 750
<hi rend="italic">l</hi>. upon a warrant of attorney, to be repaid upon the advance of the 8,000
<hi rend="italic">l</hi>.—I swear that I made that communication upon the occasion of the application for the loan—I do not think it would be all written down—what would be written down would only be "Application for a loan of 750
<hi rend="italic">l</hi>. for a month, with an insurance", and then my explanation would be that it was for Mr. Coape and Mr. King, for whom I was raising the 8,000
<hi rend="italic">l</hi>.—that was my explanation—I swear that—certainly, I should not have done so otherwise.</p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> How long have you been what you call a con
<hi rend="italic">A.</hi> About twenty-five years—I was not in any business before that.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-72" type="witnessName">
<interp inst="t18550917-name-72" type="gender" value="male"/>
<interp inst="t18550917-name-72" type="surname" value="ROGERS"/>
<interp inst="t18550917-name-72" type="given" value="ALFRED"/>ALFRED ROGERS</persName> </hi>. I am a solicitor; my chambers are at No. 28, Regent-street, Waterloo-place. In the early part of 1854, I was applied to by Mr. King, with respect to a loan; he was alone, I never saw Mr. Coape on the subject.</p>
<xptr type="pageFacsimile" doc="185509170022"/>
<hi rend="italic">Q.</hi> For whom did King represent that this loan was required? (Mr.
<hi rend="smallCaps">BAL
<hi rend="italic">objected to this question being asked, on the ground that there was no evidence of a combination together for the illegal purpose mentioned in the in
<hi rend="smallCaps">MR. BODKIN</hi>
<hi rend="italic">contended, that there was sufficient</hi> primafacie
<hi rend="italic">evi
<lb/>dence to allow this to be given. The</hi>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">considered that the evidence could not be given at present</hi>.)</p>
<hi rend="italic">Q.</hi> Look at these two papers (
<hi rend="italic">produced</hi>.) and tell me if you know whose writing they are in?
<hi rend="italic">A.</hi> One is my writing, and the other is that of Mr. Allen—this one in my writing is a copy of the other; I mean it is a copy of Mr. Allen's instructions on the subject.</p>
<hi rend="italic">Q.</hi> Have you ever received from Mr. Coape any of the representations in those papers, or either of them?
<hi rend="italic">A.</hi> I never saw him before the matter was settled—what I did was from the communications of Allen.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-73" type="witnessName">
<interp inst="t18550917-name-73" type="gender" value="male"/>
<interp inst="t18550917-name-73" type="surname" value="ALLEN"/>
<interp inst="t18550917-name-73" type="given" value="CHARLES"/>CHARLES ALLEN</persName> </hi>. I carry on the business of a money agent, at No. 28A, Regent-street. I procure loans on security, negotiate loans—I know Mr. Rogers, the solicitor—I acted with him in the endeavour to raise a loan of 8,000
<hi rend="italic">l</hi>.—I was employed in the first onset by Mr. Gregory; that went off, and I was then employed by Mr. King—I saw Mr. Coape on the trans
<lb/>action, but, to the best of my recollection, only once; he came to give me further information than that furnished by Mr. King—I had received infor
<lb/>mation from Mr. King, and Mr. Coape came to give me further information—both these papers (
<hi rend="italic">produced</hi>), are in Mr. Rogers's writing; no, I think not, excuse me, only one is in Mr. Rogers's writing; this one—I supplied Mr. Rogers with the information contained in these papers—I received it from Mr. Coape—I have a rough memorandum book here; I received the particulars of the security from Mr. King, and I opened this book and entered them in it—I afterwards conversed with Mr. Coape on the subject of this entry, and took further particulars from him on a rough piece of paper, a copy of which is in Mr. Rogers's writing—the rough piece of paper I have not got—I had a conversation with Mr. Coape on the subject of the information King had given me, and the information made the security much better as it appeared—to the best of my recollection I read over to Mr. Coape the entry in the book—I cannot tell you exactly what he said, but I gave him a copy of what I had taken down on paper—if you will allow me to refer, I can tell you what he said—I did not know that I should require the rough piece of paper again, and it was destroyed; this book is merely a rough book—this memorandum is a copy of the memorandum I made, and which has been destroyed—I think it was made the following morning—Mr. Coape told me that he had fee simple property, or property partly fee simple and partly a life estate, to the extent of 2,700
<hi rend="italic">l</hi>. a year, but to a hundred or two I cannot say—he said that part was situated at Maldon in Essex, and at a place called Goldhanger; and he informed me that he had some property likewise at Pimlico—this memorandum is in the writing of Mr. Rogers; he wrote it by my dictation, from the lost piece of paper.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you see him write it?
<hi rend="italic">A.</hi> Yes; I compared it at the time—I would not swear that I compared it word for word; but he either read it over, or I did—I must first tell you that I handed him a piece of paper with the particulars in my own writing; it was very roughly written, and he copied it afresh—the best of my recollection is, that the fee simple property was about 1,500
<hi rend="italic">l</hi>. a year.</p>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> In the course of the conversation with Mr. Coape, were any particulars gone into?
<hi rend="italic">A.</hi> I did not take down the names of the farms; the information he gave me was general, without going into</p>
<xptr type="pageFacsimile" doc="185509170023"/>
<p>particulars—what I wanted to arrive at was the exact rental and the encumbrances—I had never seen him before—I asked Mr. King for further information, and Mr. Coape came to me to give it—I was not certain that he would come, but I expected information from him—he told me that Mr. King had requested him to call on me to give me any informa
<lb/>tion that I might require, to enable me to carry out the loan—I then referred to this book, and repeated what I had got down here, that the Essex property was about 2,700
<hi rend="italic">l</hi>. a year, and that there was a farm at Hendon which I have no amount to—the first entry is the date his father died, 1844—then, "Property in Essex, about 2,700
<hi rend="italic">l</hi>. a year; farm at Hendon, blank; 10,000
<hi rend="italic">l</hi>. in the 3
<hi rend="italic">l</hi>. per cents.; the life estates are mortgaged to the extent of 10,000
<hi rend="italic">l</hi>. Mr. Coape, aged 42'—when I had read that over to him, he gave me fresh particulars; I do not know exactly what he said, all I know is that from what he said I mentioned to Mr. Rogers that the security was much better than I thought it before—he represented that the property was rather more, but I cannot tell what he represented without referring to Mr. Rogers's paper—that is, I believe, an exact copy of the paper which I have lost—I cannot positively swear whether I read it over, or whether it is word for word—(
<hi rend="italic">The</hi>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">decided that the witness could not look at the paper</hi>)—I cannot tell you what passed between me and Mr. Coape—I will swear that he said that the fee simple property was more than 1,000
<hi rend="italic">l</hi>. a year, but I will not swear to a hundred or two—there are no other entries in this book on this subject with respect to this loan—No. 40, St. James's-street, was where Mr. King lived at that time—I do not recollect say
<lb/>ing, "Mr. Coape, I have no recollection of these matters"—1 do not think I have ever seen Mr. Coape in the company of King—I received 200
<hi rend="italic">l</hi>. for my assistance in this matter, from Mr. Rogers; it was understood that I was to have it—whether I was applied to first or second I cannot say, but I had had previous transactions with Mr. Gregory.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Who did apply to you?
<hi rend="italic">A.</hi> Mr. Gregory; he is a gentleman as far as I know—he was at one time member for Derby—he may bet on the turf, I have heard so—I have a good many clients of that kind—I may say that he introduced King to me, but not personally—King called on behalf of Mr. Gregory, and if you call that introducing, he did so—I sometimes take minutes down in the book, and sometimes I do not—there is no firm—this book is the same as using a piece of rough paper—I also keep a diary, it is here—I have down in it when King called, or at all events when Mr. Coape called—I was content with 200
<hi rend="italic">l</hi>.—that was all I got—it was two-and-a-half per cent.—I got nothing from King—I have not had anything from him since this transaction, on my oath—I have not seen him since, and do not know where he is—I was led to believe by King that this loan was for him, as well as by Coape—it was my persuasion that Coape had no interest whatever, and did not receive a farthing.</p>
<hi rend="smallCaps">MR. BODKIN</hi>
<hi rend="italic">proposed to ash Mr. Rogers what passed between him and King with respect to this loan, as the money was to be raised on the defendant's property, who had been to Mr. Allen and made a communication to him to make him think favourably of the property. The</hi>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">considered that it was only proved at present that the defendant attended at the request of King to give further information, and that sufficient ground was not laid to make the defendant responsible for everything King said, there being as yet no proof of any combination in any illegal act, so as to make the act of one the act of the other.</hi>)</p>
<xptr type="pageFacsimile" doc="185509170024"/>
<hi rend="smallCaps">
<persName id="t18550917-name-74" type="witnessName">
<interp inst="t18550917-name-74" type="gender" value="male"/>
<interp inst="t18550917-name-74" type="surname" value="HESTER"/>
<interp inst="t18550917-name-74" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY HESTER</persName> </hi> I produce the proceedings of the Court of Insolvent Debtors, in the case of Henry Coe Coape, from the place of deposit where originals are kept.</p>
<hi rend="italic">Cross-examined. Q</hi>. Are you the attesting witness here?
<hi rend="italic">A.</hi> No, I merely bring it from the Court.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-75" type="witnessName">
<interp inst="t18550917-name-75" type="gender" value="indeterminate"/>
<interp inst="t18550917-name-75" type="surname" value="SILVESTER"/>
<interp inst="t18550917-name-75" type="given" value="HENBY RICHARD"/>HENBY RICHARD SILVESTER</persName> </hi> I am an officer of the Insolvent Court I acted for the defendant—the signature to this schedule is his writing—I am unable to state what it does not contain—a clerk of mine prepared it—I can point out parts where descriptions of the property would be given—the description of real and personal property runs over four or five sides—the real property is described as situated in the parish of Goldhanger—the annual rental of the whole is 1,863
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>.—the total mortgage is 16,000
<hi rend="italic">l</hi>.—the estimate of the property to which he confesses himself entitled is 29,603
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>.—1,863
<hi rend="italic">l</hi>. was supposed to be his life interest in the properly, not over and above, but including the 16,000
<hi rend="italic">l</hi>. which had been borrowed—at another part of the schedule, here is", Amount of cash advanced by Mr. Smith on 4th June, through his agent, Mr. Kirby, etc., 4,000
<hi rend="italic">l</hi>., and commi
<lb/>sion 200
<hi rend="italic">l</hi>. "</p>
<hi rend="italic">Q.</hi> There are bills stated to be out, drawn by King and accepted by Coape, to the extent of 17,320
<hi rend="italic">l</hi>.?
<hi rend="italic">A.</hi> They are very numerous, and the statement opposite to them is that they were received by King—(
<hi rend="italic">The</hi>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">con
<lb/>sidered that this evidence did not carry the case further, but rather showed a combinatian for a legal purpose, not for an illegal one</hi>.)</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Mr. Coape was examined before the Insolvent Court?
<hi rend="italic">A.</hi> Yes—his hearing lasted four days—he reiterated the statement with respect to the money having got into other hands—the matter was asked to be postponed, for the purpose of contradicting it, but the Commissioner gave credit to Mr. Coape's statement—he said that he believed he had been the victim, and discharged him at once—it was Mr. Commis
<lb/>sioner Phillips—at the time the defendant swore to this schedule, he esti
<lb/>mated his property, freehold and leasehold, at 29,463
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>., and the incumbrances at, I think, 16,000
<hi rend="italic">l</hi>.—there would be the 8,000
<hi rend="italic">l</hi>. likewise to be deducted—that would be 24,000
<hi rend="italic">l</hi>., and that leaves, according to his state
<lb/>ment, a sum of 5,000
<hi rend="italic">l</hi>. for the body of general creditors—that is the lowest estimate he put on it—in my inquiries to ascertain from him what he knew about his property, I found that he was unfortunately not acquainted with it—I obtained my information from the documents, and from his mother—he appeared to have very little worldly wisdom in those matters—I found him disposed to tell me all he knew, and to give me the best information he could—a meeting of creditors was called at my office to make a composition, on the assumption that there would be enough, after paying off all incum
<lb/>brances, to satisfy the creditors, by an instalment of 6
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>. or 7
<hi rend="italic">s</hi>. in the pound—from beginning to end he was anxious that the whole should go to his creditors—not a single farthing of what the money lenders let slip, came into his hands—he said several times that he was duped out of his money.</p>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> The property in this mortgage, I understand you to say, he values at 16,000
<hi rend="italic">l</hi>.?
<hi rend="italic">A.</hi> I think there was more property included in that, it was a general mortgage—the 16,000
<hi rend="italic">l</hi>. is a life interest in the freehold property—I have no doubt the mortgage of 10,000
<hi rend="italic">l</hi>. was on the life estate.</p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Do you know that Mr. King is a connection of his through marriage?
<hi rend="italic">A.</hi> Only from his own statement that transpired at the hearing before the Insolvent Court.</p>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> As you have spoken about the 29,000
<hi rend="italic">l</hi>., how much has</p>
<xptr type="pageFacsimile" doc="185509170025"/>
<p>been paid to his creditors?
<hi rend="italic">A.</hi> I am not aware; there was a meeting called at my office—it is out of my province to state whether there has been any dividend paid—the Court said that it was a proper case for the provisional assignee to manage—it is too early to have a dividend paid yet.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-76" type="witnessName">
<interp inst="t18550917-name-76" type="gender" value="male"/>
<interp inst="t18550917-name-76" type="surname" value="LAING"/>
<interp inst="t18550917-name-76" type="given" value="ARTHUR LEWIS"/>ARTHUR LEWIS LAING</persName> </hi>. I am a solicitor, of Colchester, in Essex. I pro
<lb/>duce a deed purporting to be the conveyance of a farm called Bridgemarsh Island farm—the date is 28th April, 1846—it is between Henry Coe Coape of the first part, the said Henry Coe Coape, James Coape, George Thomas Nicholson, and John Cole Symes of the second part, James Purkiss of the third part, and Edward Daniels of the fourth part—it is a conveyance of certain lands to Mr. Purkiss—the will of the late Mr. Coape is mentioned in the course of the deed—the consideration money is 5,420
<hi rend="italic">l</hi>.—I know that it was sold by auction, but I was not present—the 5,000
<hi rend="italic">l</hi>. includes no other property but the Bridgemarsh farm.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Are you a solicitor?
<hi rend="italic">A.</hi> Yes—the family is very well known in Essex—the sale took place at the Auction Mart, in London—I presume that it was advertised in the usual way.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-77" type="witnessName">
<interp inst="t18550917-name-77" type="gender" value="male"/>
<interp inst="t18550917-name-77" type="surname" value="RAND"/>
<interp inst="t18550917-name-77" type="given" value="WILLIAM"/>WILLIAM RAND</persName> </hi>. I am clerk to Mr. Nicholls, a surveyor, of Southall, in Essex. I produce a deed dated 19th Dec, 1845, between William Coe Coape, Esq., of the first part, Martin Nockolds of the second part, and John Good, gentleman, of the third part—it conveys the farm and estate called Plumes and Westwicks, in the county of Essex—the purchase money is 2,970
<hi rend="italic">l</hi>. for Westwicks, and 2
<hi rend="italic">s</hi>. 5
<hi rend="italic">l</hi>. for Plumes—they were together the sum of 3,255
<hi rend="italic">l</hi>., for which here is a receipt at the back.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Has that deed been proved yet?
<hi rend="italic">A.</hi> I am not the attesting witness.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-78" type="witnessName">
<interp inst="t18550917-name-78" type="gender" value="male"/>
<interp inst="t18550917-name-78" type="surname" value="LANGLEY"/>
<interp inst="t18550917-name-78" type="given" value="GEORGE"/>GEORGE LANGLEY</persName> </hi>. I am clerk to Symes and Co., solicitors, of Fen-church-street. I am the attesting witness to this deed—I saw Mr. Coape execute it.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> You are a clerk of Teesdale and Symes?
<hi rend="italic">A.</hi> Yes—I was acquainted with the affairs of Mr. Coape up to a certain time—I know generally all the property that he was possessed of when he went through the Insolvent Court—I should say that 29,000
<hi rend="italic">l</hi>. was a fair value to attach to it.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-79" type="witnessName">
<interp inst="t18550917-name-79" type="gender" value="male"/>
<interp inst="t18550917-name-79" type="surname" value="SHUTTLEWORTH"/>
<interp inst="t18550917-name-79" type="given" value="JOHN"/>JOHN SHUTTLEWORTH</persName> </hi>. I am butler to Mr. Harvey Jones. I witnessed the execution of this deed by Mr. Coape.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-80" type="witnessName">
<interp inst="t18550917-name-80" type="gender" value="male"/>
<interp inst="t18550917-name-80" type="surname" value="TEESDALE"/>
<interp inst="t18550917-name-80" type="given" value="JOHN MARMADUKE"/>JOHN MARMADUKE TEESDALE</persName> </hi>. I am a solicitor. I wrote this letter (
<hi rend="italic">looking at it</hi>) at the desire of Mr. Coape—it refers to the estates, without reference to Plumes, Westwicks, and Bridgemarsh—I only knew by hearing in my office that they had been sold—it was merely to show what the encum
<lb/>brance was which is accurately stated at 16,000
<hi rend="italic">l</hi>.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BALLANTINE</hi>,
<hi rend="italic">Q.</hi> You were not acquainted with the transaction with King?
<hi rend="italic">A.</hi> No—it was entirely concealed from me—Mr. Coape has had communications with me as to what the value of the property was—I obtained a valuation of Mr. Morgan of the life estate, Mr. Coape's interest in the settled estates under his father's will—I am not aware whether Mr. Morgan is here—I likewise obtained, some years pre
<lb/>viously, from a gentleman in Essex, a valuation of the other property—those valuations were made exclusive of that property which had been alienated, exclusive of Westwicks and Plumes—(
<hi rend="smallCaps">MR. BODKIN</hi>
<hi rend="italic">objected to this evidence in the absence of the persons who made the valuations</hi>).</p>
<hi rend="italic">Q.</hi> You have had to deal with this property for years, you have heard the valuation attached to it by the defendant, upon his oath, in the</p>
<xptr type="pageFacsimile" doc="185509170026"/>
<p>Insolvent Court; in your opinion and judgment, is that a reasonable valuation?
<hi rend="italic">A.</hi> I think it is, certainly—through the sales being forced on, I have no doubt but that the actual value was not realized; as far as the life estates were concerned, most materially so—I was myself instructed to bid for a much larger amount than the property was sold for, but I did not do it, because I got it for Mr. Coape's brother at a more reasonable rate but I should have gone higher, and at a rate which would have brought the whole proceeds of the life estate to upwards of 15,000
<hi rend="italic">l</hi>.—they were sold for something less than 11,000
<hi rend="italic">l</hi>., leaving Mr. Coape's interest in two properties unsold, which I was instructed to bid 19,000
<hi rend="italic">l</hi>. more for—it was about 3,000
<hi rend="italic">l</hi>. under the market value, the whole—my firm is Symes, Teesdale, and Sandilands, in the City—even with these forced sales, and sold in the way I have told you, there will be a balance of at least 6,000
<hi rend="italic">l</hi>., which will go for the 8,000
<hi rend="italic">l</hi>. of the first mortgagee—I have calculated it—in addition to that there is a considerable property, of which the said mortgagees will have the opportunity of entering their claim for the balance—I have known Mr. Coape I suppose for the last fifteen years; he has always been an honest, upright, honourable gentleman—he married a cousin of Mr. King's, who is a relation of Lord Kingstown, and of Admiral King—King has never shown up since, and I do not know where he is.</p>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> Is Mr. Coape what is called a betting man?
<hi rend="italic">A.</hi> Cer
<lb/>tainly not within that description—he does not attend races at all now; but for some years, almost I may say before my knowledge of him, I believe he had an interest in one or two horses, with Mr. King—I have not advised the family to repurchase the annuities, I advised them on the contrary, that Mr. Coape had better be where he is now, to clear his character—I am quite aware that they have only to give you the money, and to take their deeds.</p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> I believe his money evaporated in some model farm?
<hi rend="italic">A.</hi> Yes; a great deal of it—he is a man of remarkably small personal expenses, to my knowledge of him—he fell into bad hands in the railway time, and lost a great deal of money—I can say that all his money has gone in trying to make money, and not in expenditure of his own, in speculations, or rather in bad investments.</p>
<hi rend="italic">The Jury stated that there was no necessity for Mr. Ballantine to address them on behalf of the defendant</hi>.)</p>
<hi rend="smallCaps">
<rs id="t18550917-855-verdict-1" type="verdictDescription">
<interp inst="t18550917-855-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18550917-855-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<hi rend="italic">There were three other indictments against the defendant, upon which no evidence was offered</hi>.)</p> </div1>
<hi rend="largeCaps">NEW COURT</hi>
<hi rend="italic">Tuesday, September</hi> 18
<hi rend="italic">th</hi>, 1855.</p>
<hi rend="largeCaps">PRESENT</hi>—Mr. Ald.
<hi rend="smallCaps">FAREBROTHER</hi>; Mr. Ald.
<hi rend="smallCaps">HUNTER</hi>; Mr. Ald.</p>
<hi rend="smallCaps">KENNEDY</hi>,
<hi rend="italic">and</hi>
<hi rend="smallCaps">RUSSELL GURNEY</hi>, Esq.</p>
<hi rend="italic">Before Russell Gurney, Esq., and the Sixth Jury.</hi> </p>
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<interp inst="def1-856-18550917" type="gender" value="female"/>
<interp inst="def1-856-18550917" type="age" value="28"/>
<interp inst="def1-856-18550917" type="surname" value="WILLIAMS"/>
<interp inst="def1-856-18550917" type="given" value="ELLEN"/>
<hi rend="largeCaps">ELLEN WILLIAMS</hi> </persName>
<rs id="t18550917-856-offence-1" type="offenceDescription">
<interp inst="t18550917-856-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18550917-856-offence-1" type="offenceSubcategory" value="coiningOffences"/>, unlawfully uttering counterfeit coin: to which she</rs> </p>
<hi rend="smallCaps">
<rs id="t18550917-856-verdict-1" type="verdictDescription">
<interp inst="t18550917-856-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18550917-856-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs>.*</hi> Aged 28.—
<hi rend="italic">
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<join result="defendantPunishment" targOrder="Y" targets="def1-856-18550917 t18550917-856-punishment-15"/>Confined Twelve Months</rs>.</hi> </p> </div1>
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<interp inst="def1-857-18550917" type="age" value="28"/>
<interp inst="def1-857-18550917" type="surname" value="JONES"/>
<interp inst="def1-857-18550917" type="given" value="MARGARET"/>
<hi rend="largeCaps">MARGARET JONES</hi> </persName> was indicted
<rs id="t18550917-857-offence-1" type="offenceDescription">
<interp inst="t18550917-857-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18550917-857-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<hi rend="smallCaps">MESSRS. ELLIS</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">POLAND</hi>
<hi rend="italic">conducted the Prosecution.</hi>
<hi rend="smallCaps">GEORGE HOLMES</hi>. I reside at No. 45, Homer-street, and am a confec
<xptr type="pageFacsimile" doc="185509170027"/>
<p>On Saturday, 1st Sept., the prisoner came, towards dusk—she had a bottle of ginger beer; the price was a penny—she gave me a shilling; I gave her change and she left—before she left, I placed the shilling on the back counter; there were no other shillings there—within three minutes, when I had washed the glass, I took the shilling up to make up the difference of the penny, which I had taken from the till—I tried it with my teeth, and found it bad—I put it in my pocket, where I had no other shilling—when I went home at night, I placed it in a small jar, and kept it by itself—I afterwards gave it to the constable, when the prisoner was taken—on the Wednesday following, the prisoner came again about a quarter to 4 o'clock—I saw her in the shop, and knew her—she asked for a bottle of ginger beer, I served her—she gave me a bad shilling—I turned round and tried it with my teeth, and told her it was bad, and that she bad passed one with me before, and I should give her into custody—she replied that I should not
<hi rend="italic">nail</hi> her, and ran away—she ran out of the shop, I followed her, and caught her about fifty yards off, at the corner of Homer-street—I did not see any officer—I detained her there—she looked round and said she would walk quietly with me to the station, which was on the right-hand side—she turned the corner with me, and she had no sooner done that than a man came up and said, "What is the matter, my dear?" she said, "This man is going to give me in charge for passing bad money"—the man took hold of her hand that had the purse in, from which she gave the shilling and said, "Come along"—he pulled her away, and I let go her hand—they walked very quickly till they got to the top of John-street—the station is in a line with that—I had previously sent a boy for a constable—they saw the constable coming, and the man ran down Should-ham-street as fast as he could go—the prisoner ran down Crawford-street—she was taken, and I gave her in charge—I marked the two shillings, and gave them to the constable—I am quite sure they were the two I had received from the prisoner.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> Do you keep the shop?
<hi rend="italic">A.</hi> Yes—I do not live there—I have a good many people come to my shop at times—I sell penny ices as well as ginger beer—I stand between two counters—there is a counter at the back, where the ginger beer bottles stand—there was nobody in the shop beside me that I can recollect—my wife was not there—I looked at the shilling, and tried it about three minutes afterwards—when the prisoner came in on the Wednesday, she denied that she had been in before.</p>
<hi rend="italic">Q.</hi> Did you not tell her this shilling was bad, and she had tendered you a bad shilling before, did not she say she had not, and did not you tell her she had, and did not she say she had not, and go away?
<hi rend="italic">A.</hi> She said, "You don't
<hi rend="italic">nail</hi> me"—I do not recollect whether I told her twice that she had passed a bad shilling before—I told her once—this is not the first time I have said anything about the man coming up—I told the prisoner she had tendered me a bad shilling before—she said she had not, and ran away, but she said, "You don't
<hi rend="italic">nail</hi> me" before she ran away—I always recollected that, and I recollected about the man—this is my signa
<lb/>ture to this deposition; it was read over to me before I signed it.</p>
<hi rend="italic">The deposition being read stated</hi>: "I told her she had tendered me a bad shilling; she said she had not—I told her she had passed one on me before; she said she had not, and ran away.")</p>
<hi rend="italic">Q.</hi> Now you see there is nothing about
<hi rend="italic">nailing</hi> her, nor about the man?
<hi rend="italic">A.</hi> I stated that.</p>
<xptr type="pageFacsimile" doc="185509170028"/>
<hi rend="smallCaps">MR. POLAND</hi>.
<hi rend="italic">Q.</hi> Before the Magistrate did you state that this woman said, "You shan't
<hi rend="italic">nail</hi> me", and also about the man?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-83" type="witnessName">
<interp inst="t18550917-name-83" type="gender" value="male"/>
<interp inst="t18550917-name-83" type="surname" value="TULLEY"/>
<interp inst="t18550917-name-83" type="given" value="WILLIAM"/>WILLIAM TULLEY</persName> </hi> (
<hi rend="italic">policeman, A</hi> 377). I took the prisoner on 5th Sept—she was running down Crawford-street—I got this shilling from Mr. Holmes, and this other shilling he brought to the station—the prisoner had one good shilling in her
<hi rend="italic">porte monnaie.</hi> </p>
<hi rend="italic">Cross-examined. Q</hi>. Is this correct, "When I got to the shop the prisoner was running away, and I stopped her?"
<hi rend="italic">A.</hi> I did not go to the shop at all—this is my signature to the deposition (
<hi rend="italic">read</hi>—"Yesterday I took the prisoner into custody—I received the two shillings from the prosecutor—when I got to the shop the prisoner was running away, and I stopped her—she had a
<hi rend="italic">porte monnaie</hi> in her hand and a good shilling in it.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-84" type="witnessName">
<interp inst="t18550917-name-84" type="gender" value="male"/>
<interp inst="t18550917-name-84" type="surname" value="WEBSTER"/>
<interp inst="t18550917-name-84" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. I am inspector of coin to the Royal Mint. These shillings are both bad.)</p>
<hi rend="italic">The prisoner received a good character</hi>.)</p>
<hi rend="smallCaps">
<rs id="t18550917-857-verdict-1" type="verdictDescription">
<interp inst="t18550917-857-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18550917-857-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 28.—
<hi rend="italic">
<rs id="t18550917-857-punishment-16" type="punishmentDescription">
<interp inst="t18550917-857-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18550917-857-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-857-18550917 t18550917-857-punishment-16"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18550917-858">
<interp inst="t18550917-858" type="uri" value="sessionsPapers/18550917"/>
<interp inst="t18550917-858" type="date" value="18550917"/>
<join result="criminalCharge" id="t18550917-858-charge-1" targOrder="Y" targets="def1-858-18550917 t18550917-858-offence-1 t18550917-858-verdict-1"/>
<persName id="def1-858-18550917" type="defendantName">
<interp inst="def1-858-18550917" type="gender" value="male"/>
<interp inst="def1-858-18550917" type="age" value="26"/>
<interp inst="def1-858-18550917" type="surname" value="TRENCH"/>
<interp inst="def1-858-18550917" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM TRENCH</hi> </persName> was indicted
<rs id="t18550917-858-offence-1" type="offenceDescription">
<interp inst="t18550917-858-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18550917-858-offence-1" type="offenceSubcategory" value="coiningOffences"/>for a like offence.</rs> </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>
<hi rend="smallCaps">
<persName id="t18550917-name-86" type="witnessName">
<interp inst="t18550917-name-86" type="gender" value="male"/>
<interp inst="t18550917-name-86" type="surname" value="PAGE"/>
<interp inst="t18550917-name-86" type="given" value="HENRY"/>HENRY PAGE</persName> </hi>. I am a ginger beer seller, at No. 189, Bethnal Green-road On 7th Aug. I was in my shop—about 11 o'clock at night the prisoner came, and asked for three bottles of ginger beer—he asked what the price was—I said a penny a bottle, and a penny apiece he would have to leave on the bottles, which he would have back again when he returned them—he said his little boy would bring them back that night, or in the morning—he threw down a 5
<hi rend="italic">s</hi>. piece—we gave him change, and he was about to put up his umbrella, as it was raining—I said, "Shall I put it up?"—he said, "No, thank you"—I turned back, and felt the crown piece, put it to my teeth, and found it was bad—by that time the prisoner had got to the middle of the road—he ran down Wilmot-street, and hid himself in a door-way—I followed and collared him—I asked him for my own—he said, "Here it is, old man, don't make a noise about it"—I kept him, and the policeman came and took him.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-87" type="witnessName">
<interp inst="t18550917-name-87" type="gender" value="male"/>
<interp inst="t18550917-name-87" type="surname" value="POOL"/>
<interp inst="t18550917-name-87" type="given" value="LAWRENCE"/>LAWRENCE POOL</persName> </hi> (
<hi rend="italic">policeman, C</hi> 169). On Tuesday, 7th Aug., the prisoner was given to me by the last witness—he was taken before the Magistrate at Worship-street, and discharged, that being the only case—I produce this crown piece which I received from Mr. Page—I found on the prisoner is. 6
<hi rend="italic">d</hi>. in good money, and some coppers.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-88" type="witnessName">
<interp inst="t18550917-name-88" type="gender" value="female"/>
<interp inst="t18550917-name-88" type="surname" value="DUDLEY"/>
<interp inst="t18550917-name-88" type="given" value="CATHARINE"/>CATHARINE DUDLEY</persName> </hi>. I am the wife of Henry Smith Dudley, a chandler, in Green-street, Stepney. On 21st Aug., about 9 o'clock at night, the prisoner came for 6
<hi rend="italic">d</hi>. worth of the best eggs—I served him—he gave me a crown piece—I gave him a half crown and two shillings change—I examined the crown—I put it to my teeth, and found it was gritty—I called the policeman, and gave him the crown—he asked me to mark it, I did so, and he asked me for a description of the man.</p>
<hi rend="italic">Prisoner. Q</hi>. How was I dressed?
<hi rend="italic">A.</hi> As you are now—in a cloth coat, and a cap on—I did not see that you had got a black eye then—you had the next day—I told the Magistrate you had it not the night before—I thought you might have got it afterwards.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-89" type="witnessName">
<interp inst="t18550917-name-89" type="gender" value="male"/>
<interp inst="t18550917-name-89" type="surname" value="SIMMONS"/>
<interp inst="t18550917-name-89" type="given" value="JAMES"/>JAMES SIMMONS</persName> </hi> (
<hi rend="italic">policeman, K</hi> 442). I was called by the last witness—I got this crown piece from her.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-90" type="witnessName">
<interp inst="t18550917-name-90" type="gender" value="male"/>
<interp inst="t18550917-name-90" type="surname" value="WARMAN"/>
<interp inst="t18550917-name-90" type="given" value="GEORGE"/>GEORGE WARMAN</persName> </hi>. I am in the employ of Mr. Simmons, a butcher, in Green-street. On Tuesday, 21st Aug., I was standing just inside Mrs.</p>
<xptr type="pageFacsimile" doc="185509170029"/>
<p>Dudley's shop—the prisoner came in, and asked for 6
<hi rend="italic">d</hi>. worth of eggs—I did not see what he paid, he gave Mrs. Dudley some money—I noticed him, because he pushed against me.</p>
<hi rend="italic">Prisoner. Q</hi>. How do you know me?
<hi rend="italic">A.</hi> By your whiskers—I do not know any one else of the same complexion as you—I know you by your look altogether.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-91" type="witnessName">
<interp inst="t18550917-name-91" type="gender" value="male"/>
<interp inst="t18550917-name-91" type="surname" value="COPPING"/>
<interp inst="t18550917-name-91" type="given" value="WILLIAM"/>WILLIAM COPPING</persName> </hi> (
<hi rend="italic">policeman, K</hi> 379). I received a description of the person who had been at Mrs. Dudley's—I went to No. 40, Skinner-street, Bishopsgate-street, and found the prisoner in bed—I asked him his name, and he gave it me—I told him I must take him into custody for passing a bad crown piece last night—he said, "I know nothing about it, I was at home all day"—on the way to the station he said, "I was in that public house on the opposite side, in the same street"</p>
<hi rend="smallCaps">
<persName id="t18550917-name-92" type="witnessName">
<interp inst="t18550917-name-92" type="gender" value="male"/>
<interp inst="t18550917-name-92" type="surname" value="WEBSTER"/>
<interp inst="t18550917-name-92" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are both bad.</p>
<hi rend="italic">Prisoners Defence</hi>. It is a very hard thing that a man must be taken out of bed for a thing he knows nothing about.</p>
<hi rend="smallCaps">
<rs id="t18550917-858-verdict-1" type="verdictDescription">
<interp inst="t18550917-858-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18550917-858-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 26.—
<hi rend="italic">
<rs id="t18550917-858-punishment-17" type="punishmentDescription">
<interp inst="t18550917-858-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18550917-858-punishment-17" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-858-18550917 t18550917-858-punishment-17"/>Confined Twelve Months</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18550917-859">
<interp inst="t18550917-859" type="uri" value="sessionsPapers/18550917"/>
<interp inst="t18550917-859" type="date" value="18550917"/>
<join result="criminalCharge" id="t18550917-859-charge-1" targOrder="Y" targets="def1-859-18550917 t18550917-859-offence-1 t18550917-859-verdict-1"/>
<persName id="def1-859-18550917" type="defendantName">
<interp inst="def1-859-18550917" type="gender" value="male"/>
<interp inst="def1-859-18550917" type="age" value="21"/>
<interp inst="def1-859-18550917" type="surname" value="BRUNTON"/>
<interp inst="def1-859-18550917" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM BRUNTON</hi> </persName> was indicted
<rs id="t18550917-859-offence-1" type="offenceDescription">
<interp inst="t18550917-859-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18550917-859-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </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>
<hi rend="smallCaps">
<persName id="t18550917-name-94" type="witnessName">
<interp inst="t18550917-name-94" type="gender" value="female"/>
<interp inst="t18550917-name-94" type="surname" value="PENNINGTON"/>
<interp inst="t18550917-name-94" type="given" value="HARRIET JAKE"/>HARRIET JAKE PENNINGTON</persName> </hi>. My father keeps a tobacconist's shop. On 5th Sept., between 5 and 7 o'clock in the evening, the prisoner came and asked for half an ounce of tobacco—I served him—he gave me a half crown—I gave him 2
<hi rend="italic">s</hi>. 4 1/2
<hi rend="italic">d</hi>. change—he went out of the shop—I put the half crown into the till—there was small change there, but no other half crown—I remained in the shop till about 10 or 11 o'clock at night—I then went up stairs, leaving my mother in the shop—I know that when I went up, the half crown that I took of the prisoner was still in the till, and there was no other there—on the next day I was in the back parlour, and saw the prisoner come into the shop, about 10 o'clock, or a quarter before 10—I saw him through the window—my sister served him—in consequence of knowing him, I went into the shop, and watched to see what he put down—he put down a bad shilling—I spoke to my sister—she looked at it, and it was bad—a constable was sent for, and the prisoner was given into cus
<lb/>tody—I am quite sure he is the person who gave me the half crown.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-95" type="witnessName">
<interp inst="t18550917-name-95" type="gender" value="female"/>
<interp inst="t18550917-name-95" type="surname" value="PENNINGTON"/>
<interp inst="t18550917-name-95" type="given" value="ANN"/>ANN PENNINGTON</persName> </hi>. I was in my husband's shop on Wednesday, 5tb Sept.—my daughter, the last witness, was serving there—I remained in the shop when she went to bed, between 10 and 11 o'clock—after she was gone, I went to the till—I found one half crown there, and no other—I examined it—it was bad—no one had been to the till after my daughter went up till I went to it—I kept the half crown away from other money, and gave it to the constable next day.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-96" type="witnessName">
<interp inst="t18550917-name-96" type="gender" value="female"/>
<interp inst="t18550917-name-96" type="surname" value="PENNINGTON"/>
<interp inst="t18550917-name-96" type="given" value="MARY ANN"/>MARY ANN PENNINGTON</persName> </hi>. I am a daughter of the last witness. On Thursday, 6th Sept., I saw the prisoner in the shop, about a quarter before 10 o'clock in the evening—he came for half an ounce of tobacco—I served him, and he gave me a shilling—my sister was in the parlour—she told me something—I looked at the shilling, and found it bad—my father sent for a constable—I gave the shilling to him.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-97" type="witnessName">
<interp inst="t18550917-name-97" type="gender" value="male"/>
<interp inst="t18550917-name-97" type="surname" value="BALDWIN"/>
<interp inst="t18550917-name-97" type="given" value="THOMAS"/>THOMAS BALDWIN</persName> </hi> (
<hi rend="italic">City policeman</hi>. 273). I received the prisoner in cus
<lb/>tody—he said that he lived at No. 17, in some court facing St. George's Church; he did not know the name of it—I received this shilling, and this half crown.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Is there any court facing St. George's Church?
<hi rend="italic">A.</hi> There is</p>
<xptr type="pageFacsimile" doc="185509170032"/>
<p>the Mint, which is a small street—I could not find such a person lived there.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-98" type="witnessName">
<interp inst="t18550917-name-98" type="gender" value="male"/>
<interp inst="t18550917-name-98" type="surname" value="WEBSTER"/>
<interp inst="t18550917-name-98" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This shilling and half crown are both bad.</p>
<hi rend="italic">Prisoner</hi>. I have two witnesses to prove I was not there on Wednesday; one is Elizabeth Booty; I do not know the name of the other; I did not come on this side of the water at all from Wednesday, at dinner time.</p>
<hi rend="smallCaps">
<rs id="t18550917-859-verdict-1" type="verdictDescription">
<interp inst="t18550917-859-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18550917-859-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 21.—
<hi rend="italic">
<rs id="t18550917-859-punishment-18" type="punishmentDescription">
<interp inst="t18550917-859-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18550917-859-punishment-18" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-859-18550917 t18550917-859-punishment-18"/>Confined Nine Months</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18550917-860">
<interp inst="t18550917-860" type="uri" value="sessionsPapers/18550917"/>
<interp inst="t18550917-860" type="date" value="18550917"/>
<join result="criminalCharge" id="t18550917-860-charge-1" targOrder="Y" targets="def1-860-18550917 t18550917-860-offence-1 t18550917-860-verdict-1"/>
<persName id="def1-860-18550917" type="defendantName">
<interp inst="def1-860-18550917" type="gender" value="male"/>
<interp inst="def1-860-18550917" type="age" value="27"/>
<interp inst="def1-860-18550917" type="surname" value="FRANCIS"/>
<interp inst="def1-860-18550917" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES FRANCIS</hi> </persName>
<rs id="t18550917-860-offence-1" type="offenceDescription">
<interp inst="t18550917-860-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18550917-860-offence-1" type="offenceSubcategory" value="bigamy"/>, feloniously marrying
<persName id="t18550917-name-100">
<interp inst="t18550917-name-100" type="gender" value="female"/>
<interp inst="t18550917-name-100" type="surname" value="GALLIN"/>
<interp inst="t18550917-name-100" type="given" value="PRISCILLA"/>Priscilla Gallin</persName>, his wife Clara being alive: to which he</rs>
<hi rend="smallCaps">
<rs id="t18550917-860-verdict-1" type="verdictDescription">
<interp inst="t18550917-860-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18550917-860-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 27.</p>
<hi rend="smallCaps">MR. RIBTON</hi>,
<hi rend="italic">for the Prosecution, and</hi>
<hi rend="smallCaps">MR. GIFFARD</hi>,
<hi rend="italic">for the Defence, stated that they believed it was a mistake; the prisoner had received a letter, stating that his wife was dead, and believed it</hi>.)
<hi rend="italic">
<rs id="t18550917-860-punishment-19" type="punishmentDescription">
<interp inst="t18550917-860-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18550917-860-punishment-19" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-860-18550917 t18550917-860-punishment-19"/>Confined Two Days</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18550917-861">
<interp inst="t18550917-861" type="uri" value="sessionsPapers/18550917"/>
<interp inst="t18550917-861" type="date" value="18550917"/>
<join result="criminalCharge" id="t18550917-861-charge-1" targOrder="Y" targets="def1-861-18550917 t18550917-861-offence-1 t18550917-861-verdict-1"/>
<persName id="def1-861-18550917" type="defendantName">
<interp inst="def1-861-18550917" type="gender" value="female"/>
<interp inst="def1-861-18550917" type="surname" value="WHITE"/>
<interp inst="def1-861-18550917" type="given" value="ANN"/>
<hi rend="largeCaps">ANN WHITE</hi> </persName>
<rs id="t18550917-861-offence-1" type="offenceDescription">
<interp inst="t18550917-861-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18550917-861-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing 1 sheet, and other articles, value 7
<hi rend="italic">s</hi>.; the goods of
<persName id="t18550917-name-102" type="victimName">
<interp inst="t18550917-name-102" type="gender" value="male"/>
<interp inst="t18550917-name-102" type="surname" value="CHURCHILL"/>
<interp inst="t18550917-name-102" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18550917-861-offence-1 t18550917-name-102"/>George Churchill</persName>.</rs> </p>
<hi rend="smallCaps">
<persName id="t18550917-name-103" type="witnessName">
<interp inst="t18550917-name-103" type="gender" value="female"/>
<interp inst="t18550917-name-103" type="surname" value="CHURCHILL"/>
<interp inst="t18550917-name-103" type="given" value="TEMPERANCE"/>TEMPERANCE CHURCHILL</persName> </hi>. I am the wife of George Churchill. In May the prisoner lodged at our house, with a man named Dutton, as man and wife—I missed a ring, a brooch, a table cloth, sheet, pillow cases, and a petticoat—I did not miss them till the prisoner was gone, and I went to set my things to rights.</p>
<hi rend="italic">Prisoner</hi>. I left your house on 21st May; I worked for you a month and five days; you gave me these things for doing your work.
<hi rend="italic">Witness</hi>. No, I did not—you did not pay for your lodging—I gave you the lodging in return for what you did—I gave you a box of dirty clothes—I said, "If you will wash them I will give you the little box."</p>
<hi rend="italic">Prisoner</hi>. She gave me the sheet, table cloth, and two pillow cases; she is a woman very much given to drink.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you give her this sheet or pillow cases?
<hi rend="italic">A.</hi> No—I gave her a pair of calico sheets, not this, and a little wooden box.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-104" type="witnessName">
<interp inst="t18550917-name-104" type="gender" value="male"/>
<interp inst="t18550917-name-104" type="surname" value="HORNAL"/>
<interp inst="t18550917-name-104" type="given" value="SAMUEL"/>SAMUEL HORNAL</persName> </hi>. I am an officer. I received information from Duttan, and went to Stokelychurch, where the prisoner lived; I found in a box nine duplicates—I did not see the prisoner then—I took her on the following Saturday—I told her the charge was for stealing a sheet and table cloth—she said, "I am willing to go with you, I have got nothing but what I worked hard for"—I showed her these tickets on the following morning—she said, "They are my tickets."</p>
<hi rend="smallCaps">
<persName id="t18550917-name-105" type="witnessName">
<interp inst="t18550917-name-105" type="gender" value="female"/>
<interp inst="t18550917-name-105" type="surname" value="FARNDEN"/>
<interp inst="t18550917-name-105" type="given" value="FRANK"/>FRANK FARNDEN</persName> </hi>. I am a pawnbroker. This sheet and table cloth were pawned with me on 28th May, in the name of Ann Dutton—I have seen the prisoner, but I could not identify her as the person who pawned these—this is the duplicate I gave.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-106" type="witnessName">
<interp inst="t18550917-name-106" type="gender" value="male"/>
<interp inst="t18550917-name-106" type="surname" value="MILLER"/>
<interp inst="t18550917-name-106" type="given" value="ROBERT"/>ROBERT MILLER</persName> </hi>. I am a pawnbroker. I have a petticoat and pillow case, pawned on 8th June, in the name of Ann Dutton—I know the prisoner by sight—I cannot recollect whether she pawned these—I gave this duplicate.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-107" type="witnessName">
<interp inst="t18550917-name-107" type="gender" value="female"/>
<interp inst="t18550917-name-107" type="surname" value="CHURCHILL"/>
<interp inst="t18550917-name-107" type="given" value="TEMPERANCE"/>TEMPERANCE CHURCHILL</persName> </hi>
<hi rend="italic">re-examined</hi>. This is my sheet—here is where the name has been taken out—this table cloth is mine, it has no mark—I know it by an iron mould, and a hole in it, which was made by a little dog.</p>
<hi rend="smallCaps">
<rs id="t18550917-861-verdict-1" type="verdictDescription">
<interp inst="t18550917-861-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18550917-861-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18550917-862">
<interp inst="t18550917-862" type="uri" value="sessionsPapers/18550917"/>
<interp inst="t18550917-862" type="date" value="18550917"/>
<join result="criminalCharge" id="t18550917-862-charge-1" targOrder="Y" targets="def1-862-18550917 t18550917-862-offence-1 t18550917-862-verdict-1"/>
<persName id="def1-862-18550917" type="defendantName">
<interp inst="def1-862-18550917" type="gender" value="male"/>
<interp inst="def1-862-18550917" type="age" value="21"/>
<interp inst="def1-862-18550917" type="surname" value="BARNETT"/>
<interp inst="def1-862-18550917" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM BARNETT</hi> </persName>
<rs id="t18550917-862-offence-1" type="offenceDescription">
<interp inst="t18550917-862-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18550917-862-offence-1" type="offenceSubcategory" value="forgery"/>, feloniously uttering a forged 5
<hi rend="italic">l</hi>. Bank of England note;
<hi rend="italic">also</hi>. 1 other forged 5
<hi rend="italic">l</hi>. Bank of England note;
<hi rend="italic">also</hi>. 1 other forged 5
<hi rend="italic">l</hi>. Bank of England note;
<hi rend="italic">also</hi>. I other forged 5
<hi rend="italic">l</hi>. Bank of England note; with intent to defraud: to all which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18550917-862-verdict-1" type="verdictDescription">
<interp inst="t18550917-862-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18550917-862-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 21.—
<hi rend="italic">
<rs id="t18550917-862-punishment-20" type="punishmentDescription">
<interp inst="t18550917-862-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18550917-862-punishment-20" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-862-18550917 t18550917-862-punishment-20"/>Six Years' Penal Servitude</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18550917-863">
<interp inst="t18550917-863" type="uri" value="sessionsPapers/18550917"/>
<interp inst="t18550917-863" type="date" value="18550917"/>
<join result="criminalCharge" id="t18550917-863-charge-1" targOrder="Y" targets="def1-863-18550917 t18550917-863-offence-1 t18550917-863-verdict-1"/>
<xptr type="pageFacsimile" doc="185509170033"/>
<persName id="def1-863-18550917" type="defendantName">
<interp inst="def1-863-18550917" type="gender" value="male"/>
<interp inst="def1-863-18550917" type="age" value="20"/>
<interp inst="def1-863-18550917" type="surname" value="OSWALD"/>
<interp inst="def1-863-18550917" type="given" value="HENRY WILLIAM"/>
<hi rend="largeCaps">HENRY WILLIAM OSWALD</hi> </persName>
<rs id="t18550917-863-offence-1" type="offenceDescription">
<interp inst="t18550917-863-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18550917-863-offence-1" type="offenceSubcategory" value="mail"/>, stealing a letter, containing a sovereign; the property of the
<persName id="t18550917-name-110" type="victimName">
<interp inst="t18550917-name-110" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18550917-863-offence-1 t18550917-name-110"/>Postmaster General</persName>: to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18550917-863-verdict-1" type="verdictDescription">
<interp inst="t18550917-863-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18550917-863-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 20.—
<hi rend="italic">
<rs id="t18550917-863-punishment-21" type="punishmentDescription">
<interp inst="t18550917-863-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18550917-863-punishment-21" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-863-18550917 t18550917-863-punishment-21"/>Four Years' Penal Servitude</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18550917-864">
<interp inst="t18550917-864" type="uri" value="sessionsPapers/18550917"/>
<interp inst="t18550917-864" type="date" value="18550917"/>
<join result="criminalCharge" id="t18550917-864-charge-1" targOrder="Y" targets="def1-864-18550917 t18550917-864-offence-1 t18550917-864-verdict-1"/>
<join result="criminalCharge" id="t18550917-864-charge-2" targOrder="Y" targets="def2-864-18550917 t18550917-864-offence-1 t18550917-864-verdict-2"/>
<persName id="def1-864-18550917" type="defendantName">
<interp inst="def1-864-18550917" type="gender" value="male"/>
<interp inst="def1-864-18550917" type="age" value="26"/>
<interp inst="def1-864-18550917" type="surname" value="BROWN"/>
<interp inst="def1-864-18550917" type="given" value="ISAAC"/>
<hi rend="largeCaps">ISAAC BROWN</hi> </persName> and
<persName id="def2-864-18550917" type="defendantName">
<interp inst="def2-864-18550917" type="gender" value="male"/>
<interp inst="def2-864-18550917" type="age" value="48"/>
<interp inst="def2-864-18550917" type="surname" value="RICHARDSON"/>
<interp inst="def2-864-18550917" type="given" value="RICHARD"/>
<hi rend="largeCaps">RICHARD RICHARDSON</hi> </persName>
<rs id="t18550917-864-offence-1" type="offenceDescription">
<interp inst="t18550917-864-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18550917-864-offence-1" type="offenceSubcategory" value="fraud"/>, unlawfully obtaining money by false pretences.</rs> </p>
<hi rend="smallCaps">MR. GIFFARD</hi>
<hi rend="italic">conducted the Prosecution</hi>.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-113" type="witnessName">
<interp inst="t18550917-name-113" type="gender" value="male"/>
<interp inst="t18550917-name-113" type="surname" value="COWAN"/>
<interp inst="t18550917-name-113" type="given" value="SOLOMON"/>SOLOMON COWAN</persName> </hi>. I am a general dealer, and live in Goswell-street. I had known Richardson two or three years—he first came to me about this matter about a week or ten days before 5th Aug.—he told me that he knew a person in the silk trade who was in difficulties, and was afraid he should not be able to get on, as he had some bills to meet, and he had a large quan
<lb/>tity of bobbins of silk by him—he asked if I should like to be a buyer of them—on 5th Aug. the two prisoners came, and Richardson said, "I have brought a few of them here just to show you; there is only twenty, there will be a large quantity if you are likely to do anything with them"—I asked what they wanted for them—they asked me a shilling a bobbin for them—on 11th Aug. they came, and said, "We have got 400 bobbins here to-day, if you will like to buy them"—I told them it was a thing I did not understand—I did not know the value of them, Richardson said, "You know I would not bring them if they were not worth the money"—I told him I did not understand the value of them, I did not deal in anything of the sort before, and did not know what quantity of silk there was—they said they were well worth the money, and there were twenty-four drachms of silk on the bobbins—they said there was the trade mark on the bobbins, some four, some four and a half, and some five grains—the bobbins were marked; that was what the trade mark was, as they told me, and they showed me this bill of parcels.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> Are you sure that this bill was the one produced?
<hi rend="italic">A.</hi> I think it is—I believe it is—here is the date, 11th Aug., on it—I will swear this was the paper—I did not have it in my hand—they put it on the table—I just looked at the amount—this is the paper—(
<hi rend="italic">read</hi>: Aug. 11, 1855; Mr. Brown, bought of H. C. Pawling, 100 bobbins of mixed silk, &, 23
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>.")</p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> Did you nee who the bill was made to?
<hi rend="italic">A.</hi> Yes, to Brown—I bought the 400 bobbins of them" for 12
<hi rend="italic">l</hi>.—I said I do not know anything about the buying of them—he said, "It is all right enough, and Richardson gave me a card of Brown's"—I believed the statement made to be true, certainly—I would not have advanced the 12
<hi rend="italic">l</hi>. if I had not believed it true—on 11th Aug. they came again, and brought 400 more bobbins, and I bought them for 12
<hi rend="italic">l</hi>.—I never advance money on anything—Brown said he expected he should settle his affairs soon, and if I would let him have them back, he would take them ten or twenty at a time, and give me a shilling a piece for them—I saw Mr. Cooke, I think, about 17th Aug., and he made a communication to me—on the 20th, I was at Southend—the prisoners both came to me—they asked me how I came to go out of town when there was a lot more bobbins for me—they said, "It is no use leaving your wife at home, she won't take anything, she won't buy any
<lb/>thing"—Richardson said, "You are a d——fool for going out of town, see what I have been obliged to do, "and he produced a pawnbroker's order at Mr. Attenborough's—he said, "Give us 10
<hi rend="italic">l</hi>. "—I told them I did not come down there to do business, I came down for my health, and I would have nothing to do with it—they slept there that night, and said I must come</p>
<xptr type="pageFacsimile" doc="185509170034"/>
<p>up, and they would pay my expenses, for they had a bill to pay on the Tuesday—I came up with them the next day—they told me not to be out, for they had 400 more bobbins to bring, and they should bring them in about an hour—I went to Mr. Brannan, and he was at my house when they came with the 400 bobbins, and this bill with them", 450 bobbins of silk, 52
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>."—Richardson took this bill out of his pocket, and said", There is property enough for money."</p>
<hi rend="italic">Cross-examined. Q</hi>. You had no idea of coming from Southend?
<hi rend="italic">A.</hi> No; they persuaded me—I gave directions to Brannan, when I arrived in London from the packet—the prisoners left me—I had been at Southend a fortnight or rather better—I had not been there all the time—I had been up between the times—I am a general dealer—I attend sales—I am well known to all the auctioneers in London to be a large buyer at sales—I did not know Mr. Pawling; I know nothing about him—I did not know that Brown succeeded him.</p>
<hi rend="italic">Q.</hi> Did you not before the first transaction buy a quantity of goods of Pawling?
<hi rend="italic">A.</hi> I bought of a gentleman that Richardson introduced me to—I do not know who it was—some Irish linens and some silk, but not on bobbins—I never bought a bobbin in my life, except once I bought 300 or 400 at Toplis's sale three or four years ago, but they were all burnt—it was a service sale—they turned out very bad—there was not one perfect bobbin—I burnt them—I showed them to one or two, and they said they were of no use; they were in such a state I could do nothing with them—I have been a general dealer about thirty years—I know some things very well, such as ironmongery and paper—I buy a great deal of paper—I mean to swear that I bought these bobbins—they were not left with me, and I advanced money on them—I never advance on anything—I was tried in this Court for buying some of Dixon's cards, and the late Recorder said, "Mr. Clarkson, where is your case?" and the case never went to trial, so you cannot slur my character with that—I had the cards at my place, and Mr. Cubitt, of Millbank, bought some of the same cards—I bought these bobbins and paid from first to last about 30
<hi rend="italic">l</hi>.—I paid all that I bargained to pay, decidedly—they were not left an hour at my place before I purchased them—I do not know whether they did not leave the first till I was up one Sunday morning, but that was the only time—I do not think bobbins were ever left for some hours before I paid the money, but I will not swear it—they might have been for an hour or so—I paid in the first instance 12
<hi rend="italic">s</hi>., and I paid one time 12
<hi rend="italic">l</hi>.—I did not deduct anything for interest—I never took any pledge—I did not deduct anything, what should I deduct for?—I produced a book at the Police Court which contained an account of this particular transaction, but it was not my writing, it was my daughter's, and the Magistrate would not admit it.</p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> How did your daughter enter these things in the book?
<hi rend="italic">A.</hi> From my statement, and she was present at the transaction—these are the bobbins.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-114" type="witnessName">
<interp inst="t18550917-name-114" type="gender" value="male"/>
<interp inst="t18550917-name-114" type="surname" value="COOKE"/>
<interp inst="t18550917-name-114" type="given" value="WILLIAM"/>WILLIAM COOKE</persName> </hi>. I am a fringe maker, and live in Banner-square. I went to Mr. Cowan in consequence of a communication made to me—I looked at some bobbins similar to these produced—these are not the bobbins usually used in trade, but when the silk is wound over them they have the appearance of bobbins used in trade—the value of these bobbins as they are is 1 1/2
<hi rend="italic">d</hi>. or 2
<hi rend="italic">d</hi>. a bobbin, if they were the usual bobbins they would be worth from 18
<hi rend="italic">d</hi>. to 21
<hi rend="italic">d</hi>.—here is not quite a drachms of silk on these bobbins—it is usual in trade to have marks on the bobbins, to indicate</p>
<xptr type="pageFacsimile" doc="185509170035"/>
<p>the weight of the wood—these bobbins are marked four drachms, that signifies that the wood is four drachms—the wood of these would weigh four drachma, and eight drachms added to it.</p>
<hi rend="italic">Cross-examined. Q</hi>. Have you weighed one of these?
<hi rend="italic">A.</hi> Yes, I weighed one of them—I do not know which—I have some respectable bobbins with me—here is one full, and one empty—this silk on this full one is worth 2
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>.—I will swear the silk on this one is down to the usual depth it is one of my own winding—this is the same sort of silk—these bobbins are of different sizes and bulks—some are very much thinner and some stouter.</p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> How long have you been in trade?
<hi rend="italic">A.</hi> Twenty-two years—I never saw such bobbins as these before.</p>
<hi rend="italic">Brown to</hi>
<hi rend="smallCaps">MR. COWAN</hi>.
<hi rend="italic">Q.</hi> Tell me the first day I came to your house about this transaction?
<hi rend="italic">A.</hi> On Sunday, 5th Aug.—that was the time I bought the twenty bobbins—I gave you 12
<hi rend="italic">s</hi>. for them—you asked me 1
<hi rend="italic">s</hi>. a bobbin—I said I did not know the value of them—I offered you 10
<hi rend="italic">s</hi>., and I gave you 12
<hi rend="italic">s</hi>.—Mr. Richardson did not say anything about 2
<hi rend="italic">s</hi>. when I had the money in my hand—he did not say", Give him 9
<hi rend="italic">s</hi>., that will be 1
<hi rend="italic">s</hi>. for interest"—the only thing you said was, that if you got on you would give me 1
<hi rend="italic">s</hi>. a bobbin for them—I do not think I saw you again till the 11th—that was on Wednesday—I did not have any more goods of you from the 5th till the 11th—I do not remember anything about 132 bobbins on the 8th—I do not remember your being in my room on the 8th, you might have come—I think you were in my premises on Wednesday evening—I do not think I gave you any money—you said you had a lot more bobbins—I did not buy any bobbins on that day—I never paid you 30
<hi rend="italic">s</hi>., you know that very well—I do not know that you did not call on the 9th, but I had no business with you—you brought bobbins on the 5th, I do not remember anything of any other—you brought 200 bobbins—I did not advance for them, I paid you the money—on 11th Aug. you received 12
<hi rend="italic">l</hi>., that was the time you brought 400 bobbins—I did not count them, you told me there were 400—they were kept distinct, but Brannan put them together—I cannot tell you the box they were brought in on the 11th—I know this green box is yours—I cannot tell when you brought it—after the 11th you brought 200 one night—I really cannot tell when it was—I paid you 6
<hi rend="italic">l</hi>.—I had no more till the night I came from Southend.</p>
<hi rend="italic">Cross-examined. Q</hi>. Have you made any inquiry with regard to Mr. Pawling?
<hi rend="italic">A.</hi> Not any—I have never been near New-street—I do not know that there is such a person in existence—they brought other bills beside Mr. Pawling's—I think one was Brooks, in Newgate-street.</p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> On how many occasions did the prisoners come together?
<hi rend="italic">A.</hi> I think on every occasion.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-115" type="witnessName">
<interp inst="t18550917-name-115" type="gender" value="male"/>
<interp inst="t18550917-name-115" type="surname" value="BRANNAN"/>
<interp inst="t18550917-name-115" type="given" value="JAMES"/>JAMES BRANNAN</persName> </hi> (
<hi rend="italic">police inspector</hi>.) In consequence of the prosecutor speaking to me, I went to his house on 21st Aug., between 8 and 9 o'clock at night—the prisoners came after I was there—I followed them up stairs—I told them I belonged to the police, and had come to take them into custody for defrauding Mr. Cowan—they both asked what I meant—I said, "For sub stitting wood for silk"—Brown said, "He bought them with his eyes open"—Richardson said, "Of course he did"—I said they must come with me—Brown said, "It is very hard, can't it be settled?"—I said, "Not here"—Richardson said, pointing to Brown, "That is my master, he is responsible for what I have done"—I saw Brown searched, and in his possession was a</p>
<xptr type="pageFacsimile" doc="185509170036"/>
<p>pawnbroker's deposit note, and an invoice, dated 6th Aug.—this other invoice was found on the table, in the presence of Brown—I said to him, "Is this yours?"—he said, "Yes, I have just put it down"—the prisoners were taken to the station, and I proceeded to the address given by Brown, No. 5 Rose-street, Church-street, Bethnal-green—it is a place fitted up like a shop—there were some brown paper parcels marked, which were dummies—one was a pillow case, one some old rope, one a counterpane, some pieces of thread; all were valueless—I found these bobbins without silk, and three or four ounces weight of silk in the house—there were silk winding machines there—I saw these three bobbins with silk on them found on Richardson.</p>
<hi rend="italic">Cross-examined. Q</hi>. When Richardson said, "There is my master" Brown was present?
<hi rend="italic">A.</hi> Yes—I have made inquiries respecting Pawling—I understand he has absconded, and that Brown took the premises—I do not know that Richardson is an ironmonger, though I have known him nearly twenty years.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-116" type="witnessName">
<interp inst="t18550917-name-116" type="gender" value="male"/>
<interp inst="t18550917-name-116" type="surname" value="NORTON"/>
<interp inst="t18550917-name-116" type="given" value="JOHN"/>JOHN NORTON</persName> </hi>. I live at No. 2, New-street, Great Queen-street. I did work for Mr. Pawling; these are two of his bill heads—neither of them are his handwriting—Mr. Pawling was not carrying on business there on 5th Aug.—he left one week before last quarter day—I know Brown—he had been in the employ of Mr. Pawling—I have seen Richardson at Mr. Pawling's—I was in Mr. Pawling's employ from sixteen to eighteen months—I never saw anything there but real bobbins.</p>
<hi rend="italic">Cross-examined. Q</hi>. What do you say to this; is it a real one or a sham one?
<hi rend="italic">A.</hi> It is not a real one—there were many thousand bobbins at Mr. Pawling's, but not like this—I cannot tell merely by sight whether these (
<hi rend="italic">the bobbins with silk on</hi>) are real or not—I had seen Richardson at Mr. Paw-ling's more than once—the last time I saw him there was about a fortnight before I left, which was the week before Mr. Brown had the premises—Mr. Brown said he had taken the premises of Mr. Pawling.</p>
<hi rend="italic">Brown. Q</hi>. Do you remember Mr. Pawling's property being sold?
<hi rend="italic">A.</hi> Yes; I remember some person buying the machines and silk—I should say there were 2,000 or 3,000 bobbins—I believe you had the disposal of the property.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-117" type="witnessName">
<interp inst="t18550917-name-117" type="gender" value="male"/>
<interp inst="t18550917-name-117" type="surname" value="COTTON"/>
<interp inst="t18550917-name-117" type="given" value="ALFRED"/>ALFRED COTTON</persName> </hi>. I am shopman to Mr. Attenborough, No. 31, Crown-street On 17th Aug., Richardson came to me with a box of bobbins of silk—I asked him whether they were all silk—he told me they were, and that they cost him from 2
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>. to 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. a bobbin—I asked him what he used them for—he told me he was a fringe maker—he handed me his card—from that I imagined he was a respectable man—I asked him what they were for—he said his friend knew more about them, and he went out and fetched in Brown—I said to Brown, "What do you use these for?"—I advanced 12
<hi rend="italic">l</hi>. on them—there were 500 bobbins.</p>
<hi rend="italic">Cross-examined. Q</hi>. Have you got them here?
<hi rend="italic">A.</hi> Yes; a sample of them—these are exactly the same quality as the others—I had three un-wound, there was a quarter of an ounce of silk on the three bobbins—I asked Richardson what the bobbins were worth a piece—he Raid from 2
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>. to 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—I asked him how much silk was on a bobbin—he said, "I do not know"; and he stepped out and fetched Brown—I think three bobbins were left with me for one day—this is the card Brown gave me: "J. Brown, No. 5, Rose-street, Church-street, Bethnal-green."</p>
<hi rend="largeCaps">BROWN</hi>
<hi rend="smallCaps">
<rs id="t18550917-864-verdict-1" type="verdictDescription">
<interp inst="t18550917-864-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18550917-864-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 26.</p>
<hi rend="largeCaps">RICHARDSON</hi>
<hi rend="smallCaps">
<rs id="t18550917-864-verdict-2" type="verdictDescription">
<interp inst="t18550917-864-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18550917-864-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 48.</p>
<hi rend="italic">
<rs id="t18550917-864-punishment-22" type="punishmentDescription">
<interp inst="t18550917-864-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18550917-864-punishment-22" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-864-18550917 t18550917-864-punishment-22"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-864-18550917 t18550917-864-punishment-22"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18550917-865">
<interp inst="t18550917-865" type="uri" value="sessionsPapers/18550917"/>
<interp inst="t18550917-865" type="date" value="18550917"/>
<join result="criminalCharge" id="t18550917-865-charge-1" targOrder="Y" targets="def1-865-18550917 t18550917-865-offence-1 t18550917-865-verdict-1"/>
<xptr type="pageFacsimile" doc="185509170037"/>
<persName id="def1-865-18550917" type="defendantName">
<interp inst="def1-865-18550917" type="gender" value="male"/>
<interp inst="def1-865-18550917" type="age" value="17"/>
<interp inst="def1-865-18550917" type="surname" value="GEORGE"/>
<interp inst="def1-865-18550917" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES GEORGE</hi> </persName>
<rs id="t18550917-865-offence-1" type="offenceDescription">
<interp inst="t18550917-865-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18550917-865-offence-1" type="offenceSubcategory" value="pocketpicking"/>, stealing 1 watch, value 10
<hi rend="italic">l</hi>.; the goods of
<persName id="t18550917-name-119" type="victimName">
<interp inst="t18550917-name-119" type="gender" value="indeterminate"/>
<interp inst="t18550917-name-119" type="surname" value="JASSA"/>
<interp inst="t18550917-name-119" type="given" value="CHAHATA"/>
<join result="offenceVictim" targOrder="Y" targets="t18550917-865-offence-1 t18550917-name-119"/>Chahata Jassa</persName>, from his person.</rs> </p>
<hi rend="smallCaps">
<persName id="t18550917-name-120" type="witnessName">
<interp inst="t18550917-name-120" type="gender" value="indeterminate"/>
<interp inst="t18550917-name-120" type="surname" value="JASSA"/>
<interp inst="t18550917-name-120" type="given" value="CHAHATA"/>CHAHATA JASSA</persName> </hi>. I live in Tavistock-street, and am an engineer. On the evening of 11th Sept., I was at the Lyceum Theatre; there were many persons going in at the same time I was—I had a gold watch in my waist-coat pocket—it had a chain through the button hole—I felt a pull at it, the prisoner tried to break my chain—it was very strong—I took his hand with my watch in it—he slipped his hand down—I saw my watch in his hand—I gave him to a policeman—I am sure he is the same person.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-121" type="witnessName">
<interp inst="t18550917-name-121" type="gender" value="male"/>
<interp inst="t18550917-name-121" type="surname" value="FRAZER"/>
<interp inst="t18550917-name-121" type="given" value="ANGUS"/>ANGUS FRAZER</persName> </hi> (
<hi rend="italic">policeman, G</hi> 110). I was on duty at the Lyceum—I heard "Police!" called; I went, and the prisoner was given to me by the prosecutor—he said he took his hand with his watch in it—the prisoner said it was not him—I found the watch close to the prisoner.</p>
<hi rend="smallCaps">
<rs id="t18550917-865-verdict-1" type="verdictDescription">
<interp inst="t18550917-865-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18550917-865-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 17.—
<hi rend="italic">
<rs id="t18550917-865-punishment-23" type="punishmentDescription">
<interp inst="t18550917-865-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t18550917-865-punishment-23" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-865-18550917 t18550917-865-punishment-23"/>Confined Six Months</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18550917-866">
<interp inst="t18550917-866" type="uri" value="sessionsPapers/18550917"/>
<interp inst="t18550917-866" type="date" value="18550917"/>
<join result="criminalCharge" id="t18550917-866-charge-1" targOrder="Y" targets="def1-866-18550917 t18550917-866-offence-1 t18550917-866-verdict-1"/>
<persName id="def1-866-18550917" type="defendantName">
<interp inst="def1-866-18550917" type="gender" value="male"/>
<interp inst="def1-866-18550917" type="age" value="13"/>
<interp inst="def1-866-18550917" type="surname" value="WORTLEY"/>
<interp inst="def1-866-18550917" type="given" value="EDWARD JOSEPH"/>
<hi rend="largeCaps">EDWARD JOSEPH WORTLEY</hi> </persName>
<rs id="t18550917-866-offence-1" type="offenceDescription">
<interp inst="t18550917-866-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18550917-866-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, stealing 2
<hi rend="italic">l</hi>.; the money of
<persName id="t18550917-name-123" type="victimName">
<interp inst="t18550917-name-123" type="gender" value="female"/>
<interp inst="t18550917-name-123" type="surname" value="MUMFORD"/>
<interp inst="t18550917-name-123" type="given" value="HARRIET ELIZA"/>
<join result="offenceVictim" targOrder="Y" targets="t18550917-866-offence-1 t18550917-name-123"/>Harriet Eliza Mumford</persName>, his mistress: to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18550917-866-verdict-1" type="verdictDescription">
<interp inst="t18550917-866-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18550917-866-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 13.—
<hi rend="italic">
<rs id="t18550917-866-punishment-24" type="punishmentDescription">
<interp inst="t18550917-866-punishment-24" type="punishmentCategory" value="noPunish"/>
<interp inst="t18550917-866-punishment-24" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-866-18550917 t18550917-866-punishment-24"/>Judgment Respited</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18550917-867">
<interp inst="t18550917-867" type="uri" value="sessionsPapers/18550917"/>
<interp inst="t18550917-867" type="date" value="18550917"/>
<join result="criminalCharge" id="t18550917-867-charge-1" targOrder="Y" targets="def1-867-18550917 t18550917-867-offence-1 t18550917-867-verdict-1"/>
<persName id="def1-867-18550917" type="defendantName">
<interp inst="def1-867-18550917" type="gender" value="male"/>
<interp inst="def1-867-18550917" type="age" value="30"/>
<interp inst="def1-867-18550917" type="surname" value="WILKINSON"/>
<interp inst="def1-867-18550917" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE WILKINSON</hi> </persName>
<rs id="t18550917-867-offence-1" type="offenceDescription">
<interp inst="t18550917-867-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18550917-867-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing 119 yards of silk, value 17
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.; the goods of,
<persName id="t18550917-name-125" type="victimName">
<interp inst="t18550917-name-125" type="gender" value="male"/>
<interp inst="t18550917-name-125" type="surname" value="PAWSON"/>
<interp inst="t18550917-name-125" type="given" value="JOHN FALSHAWE"/>
<join result="offenceVictim" targOrder="Y" targets="t18550917-867-offence-1 t18550917-name-125"/>John Falshawe Pawson</persName>, and others; having been before con
<lb/>victed: to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18550917-867-verdict-1" type="verdictDescription">
<interp inst="t18550917-867-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18550917-867-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 30.—
<hi rend="italic">
<rs id="t18550917-867-punishment-25" type="punishmentDescription">
<interp inst="t18550917-867-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t18550917-867-punishment-25" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-867-18550917 t18550917-867-punishment-25"/>Four Years' Penal Servitude</rs> </hi>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, September</hi> 19
<hi rend="italic">th</hi>, 1855.</p>
<hi rend="largeCaps">PRESENT</hi>—The Rt. Hon. the
<hi rend="smallCaps">LORD MAYOR</hi>; Mr. Justice
<hi rend="smallCaps">CROMPTON</hi>; Mr. Justice
<hi rend="smallCaps">CROWDER</hi>; Sir
<hi rend="smallCaps">JAMES DUKE</hi>, Bart, Ald.; Mr. Ald.
<hi rend="smallCaps">HUNTER</hi>; Sir
<hi rend="smallCaps">ROBERT WALTER GARDEN</hi>, Knt., Ald.: and Mr. Ald.
<hi rend="smallCaps">KENNEDY</hi>.</p>
<hi rend="italic">Before Mr. Justice Crompton and the Third Jury</hi>.</p>
<div1 type="trialAccount" id="t18550917-868">
<interp inst="t18550917-868" type="uri" value="sessionsPapers/18550917"/>
<interp inst="t18550917-868" type="date" value="18550917"/>
<join result="criminalCharge" id="t18550917-868-charge-1" targOrder="Y" targets="def1-868-18550917 t18550917-868-offence-1 t18550917-868-verdict-1"/>
<persName id="def1-868-18550917" type="defendantName">
<interp inst="def1-868-18550917" type="gender" value="male"/>
<interp inst="def1-868-18550917" type="surname" value="CLARK"/>
<interp inst="def1-868-18550917" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS CLARK</hi> </persName>
<rs id="t18550917-868-offence-1" type="offenceDescription">
<interp inst="t18550917-868-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18550917-868-offence-1" type="offenceSubcategory" value="mail"/>, stealing, whilst employed in the Post Office, a poet letter, containing one sovereign; the property of Her Majesty's
<persName id="t18550917-name-127" type="victimName">
<interp inst="t18550917-name-127" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18550917-868-offence-1 t18550917-name-127"/>Post
<lb/>master-General</persName>.</rs> </p>
<hi rend="smallCaps">MESSRS. CLARKSON</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">GIFFARD</hi>
<hi rend="italic">conducted the Prosecution</hi>.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-128" type="witnessName">
<interp inst="t18550917-name-128" type="gender" value="male"/>
<interp inst="t18550917-name-128" type="surname" value="GARDINER"/>
<interp inst="t18550917-name-128" type="given" value="JOHN"/>JOHN GARDINER</persName> </hi>. I am a clerk in the General Post Office. On 13th Aug. I made up this letter (
<hi rend="italic">produced</hi>)—it is addressed to Mr. Charles Gal
<lb/>loway, King's Head Hotel, Rhys—I inclosed a sovereign in it, in a card—I had previously marked it—I sealed the letter, and posted it in the hall of the General Post Office, about 4 o'clock in the afternoon—I gave it to Mr. Dixon, who was at the window—I had previously shown it to Mr. Forbes—on the following morning, in consequence of some information I received, I searched for that letter in the circulation department—I found it at the Chester division—it had then been sorted—it was in the same state it is now, with a rent in the corner—there is a slight fracture by the side of the wax, but not an opening—the letter has never been opened—the sove
<lb/>reign was not in it—besides sorting for divisions, there is also a sorting for particular boxes—this letter had not been sorted into the boxes when I found it—I do not know that it had been sorted for the divisions—when I first received information I saw a number of letters for the division, and I presumed it was there—I found it at the division—it could not have got where 1 found it unless it had undergone the process of divisional sorting—</p>
<xptr type="pageFacsimile" doc="185509170038"/>
<p>in the regular course it would have gone off on the overnight, but it did not—it was handed to Mr. Dixon—(
<hi rend="italic">Mr. Edward Ellis, a clerk in the Post Office, produced the sovereign</hi>)—this is the sovereign that I inclosed in the letter.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PARRY</hi>.
<hi rend="italic">Q.</hi> This was a letter not sent in the ordinary course?
<hi rend="italic">A.</hi> It was not—the sovereign was placed inside a note—it was first fixed in the centre of a small piece of card, and then folded in a note—I know a person named Eames—he was connected with the divisional sorting that morning—the prisoner is a messenger—he was employed in giving over the letters to the divisional sorters—it was his duty on this morning to take that portion of the letters in which, in the ordinary course, this letter would be found—it would not have to pass through any hands before it came to the prisoner's—I delivered it to Mr. Dixon—it was delivered by him to one of the deputy comptrollers on duty—the letter would pass direct into the prisoner's hands from the man who took the tray to the division—Mr. Partridge, the deputy comptroller, placed it in the tray, and the tray was carried by Eames to the prisoner—that is the course—the letter would not pass through any other person's hands—I believe Eames is a letter carrier—I am not aware that Eames was ever charged by the prisoner with defacing letters—I never heard it—I do not know how this sovereign came back.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-129" type="witnessName">
<interp inst="t18550917-name-129" type="gender" value="male"/>
<interp inst="t18550917-name-129" type="surname" value="DIXOX"/>
<interp inst="t18550917-name-129" type="given" value="JOHN COWHERD"/>JOHN COWHERD DIXOX</persName> </hi>. I am a clerk in the General Post Office, On the afternoon of 13th Aug. I was at the window of the Post Office, and received this letter from Mr. Gardiner—it appeared to contain coin—I gave it to Mr. Partridge, the deputy comptroller on duty at the time.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-130" type="witnessName">
<interp inst="t18550917-name-130" type="gender" value="male"/>
<interp inst="t18550917-name-130" type="surname" value="PARTRIDGE"/>
<interp inst="t18550917-name-130" type="given" value="ROBERT"/>ROBERT PARTRIDGE</persName> </hi>. I am one of the deputy comptrollers of the Post Office—I received from Mr. Dixon a letter in an envelope on the afternoon of 13th Aug.; this is the letter—I locked it up in my desk that night, and about half past 6 o'clock next morning I placed it in a tray of letters for the North Western railway division, to go by the daily mail—I saw Eames take that tray, about ten minutes after I had put the letter into it, to the North Western railway division—they would be placed before the prisoner—He was one of the messengers employed in the circulation department—it was his duty to place the letters before the clerks to sort—before placing the letters in the tray, I ascertained that there was money in it, by the hand—I could feel the money—I knew that it contained money—the letter was then perfect—there was no rent at the corner; I am quite certain of that—my attention had been particularly called to the letter.</p>
<hi rend="italic">Cross-examined. Q.</hi> I believe after this matter occurred, the prisoner was brought to you?
<hi rend="italic">A.</hi> Not to me, to Mr. Bourne, another deputy comptroller—I know nothing of the searching of his person—what are called" Good letters", that is letters that have something more to be paid upon them, are sorted separately by other sorters—it is not the duty of the messengers to examine and see whether there are any good letters—they constantly do select those letters, and put them aside for the sorters—he places them in a distinct place—the only examination is to see whether it has a rate charged upon it—he would take it up to see whether it was a paid or an unpaid letter—I should say he would not take it up to see whether it was heavy or light—it would not be his business to see whether there was any excess due upon it—the table at which the divisional sorters stand, is a very long table—they stand about a foot apart—there are four or five sorters in that department—they stand with their backs to the messenger—they need not turn round when he delivers the letters to them; they need only make way for him to put them down—the room from</p>
<xptr type="pageFacsimile" doc="185509170039"/>
<p>which the tray was taken is another room—there may be thirty, forty, fifty or more persons employed in that room—I put the letter in the tray among other letters, not at the top—Eames took the tray to the North Western division—it is all one room, in fact, but in different compartments—formerly they were separate rooms—there is no partition—500, 600, or 700 persons are employed in that office—there are large open spaces to admit you from one compartment to another—the letter lay in the tray about five or six minutes before Eames took it away—I do not know of the prisoner having made any accusation against Eames of defacing letters, or any accusation—I am not aware of any accusation being made against Eames by any one—I know Mr. Ely—Eames would only have to go about thirty or forty yards with the tray, before he gave it to the prisoner.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-131" type="witnessName">
<interp inst="t18550917-name-131" type="gender" value="male"/>
<interp inst="t18550917-name-131" type="surname" value="EAMES"/>
<interp inst="t18550917-name-131" type="given" value="WILLIAM"/>WILLIAM EAMES</persName> </hi>. I remember the morning when the prisoner was taken into custody at the Post Office—I took several bags of letters to him that morning—he was in the North Western division—I took them to him as I found them.</p>
<hi rend="italic">Cross-examined. Q.</hi> Have you been blamed at all for defacing letters?
<hi rend="italic">A.</hi> Not that I know of—I could not forget it, because I never recollect to be charged with the like.</p>
<hi rend="italic">Q.</hi> About six weeks before this matter happened, were you not brought before the comptroller about something?
<hi rend="italic">A.</hi> I recollect there was something now—I did not recollect when you first asked me; I swear that—the charge was that, in having my breakfast, I put a grain of salt on the back of a letter—there were not two big letters turned upside down that I know of—there was not a lot of salt on one and a lot of watercresses on the other—I had some watercresses with my breakfast—I had not taken the letters out of the tray before I had my breakfast—I did not breakfast on the tray, I breakfasted in the road—the road is a place where we throw off letters, in the same office—I am a letter carrier—the comptroller blamed me, and told me not to breakfast off letters again—I did not accuse the prisoner of having told of me, and did not abuse him about it—I swear that—I never said anything to him about it in any way—I know Mr. Ely—I did not accuse the prisoner of having told of me, nor did he say it was not him, but Mr. Ely—Mr. Ely did tell of me—I never said to the prisoner that I would be
<hi rend="italic">down</hi> upon him, for what he had told against me to the comptroller.</p>
<hi rend="smallCaps">MR. CLARKSON</hi>.
<hi rend="italic">Q.</hi> Was Mr. Ely's complaint against you, that you had spilt some salt upon some letters?
<hi rend="italic">A.</hi> Yes—I cannot tell how long that is ago; it was some time before 14th Aug.—it was Mr. Partridge who blamed me—I have been in the Post Office since 31st Jan. last—I was at Bow-street, but was not examined.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-132" type="witnessName">
<interp inst="t18550917-name-132" type="gender" value="male"/>
<interp inst="t18550917-name-132" type="surname" value="FORBES"/>
<interp inst="t18550917-name-132" type="given" value="JOHN"/>JOHN FORBES</persName> </hi>. I am a messenger in the General Post Office—in consequence of some directions given to me on 13th Aug., I observed the prisoner in the Circulation department, on the morning of the 14th, between 6 and 7 o'clock—he was in the North Western railway division—I saw Eames there—he brought the tray, and put it down on the table—the prisoner was standing by—some little time after, I saw the prisoner select a letter from the tray; he took it up in his hand, and felt it between his thumb and finger—the letter had been shown to me the previous evening—it was that same letter—I could swear to it—I can swear to seeing that letter in his hand—this (
<hi rend="italic">produced</hi>) is the same letter—he then laid it down on the table, and put some more letters over to the sorters—he then went and took this letter up again in his hand—he brought it about five or six yards towards me, between his two hands—I then saw him make a violent attempt to force something out of the letter—he then held it up between</p>
<xptr type="pageFacsimile" doc="185509170040"/>
<p>him and the light—lie then took and knocked it on the table on one end—he then applied both his hands to it, thumbs and fingers—he had some considerable difficulty—he kept working it on the table with both his thumbs, trying to force something out of it—he turned half round, and put his hands behind his head, and then drew his hand over his mouth—it appeared to me that he put something in his mouth—I then saw him turn round and take the letter up again; he seemed to straighten it a little with his hand—he then placed it in front of a row of other letters, took them up, turned round, and put them down to the sorter—I then went and told the comptroller on duty—I was in such a position that the prisoner could not see me—I was above him, in a private place up stairs.</p>
<hi rend="italic">Cross-examined. Q.</hi> Upstairs in a private room?
<hi rend="italic">A.</hi> Yes, above the department—I was looking through a grating in the wall—I was about ten or twelve yards from the prisoner—the division is about twelve feet high, not nearly so high as this Court—I was about nine feet above him, or ten feet—the grating It looked through was in the side wall—I looked down upon him—the roof of the division is a lead flat, with sky lights—I did not look through the roof—I was between the floor and the ceiling, the prisoner was under me—the grating is visible, it is to let in air to the de
<lb/>partment—the sorters were at the table—I had felt the letter the night before—I did not break it, or push it about—I took it in my hand so as to feel whether there was a sovereign in it; that was all—I ascertained that it did contain coin—there were only two sorters where the prisoner was—there might have been a dozen other persons in the room; it is a very large room—this was about six or seven, or perhaps eight minutes taking place—he walked forward towards me to look at the letter; he had the letter in his hand—he did not walk back again with it to the tray, he put it over to the sorters—he put it in front of a row of other letters, and put them all down by the sorters—he knocked the letter on the table violently; I could hear it—I heard it and saw it—he knocked it two or three times—I heard him knock, and saw him in the act of knocking—I heard it two or three times—I was not present when he was searched and stripped in the Comptroller's office—I said I believed he had swallowed it—I did not tell the Comptroller that—I told it at Bow-street—I told Mr. Partridge, the Comptroller, that he had put it in his mouth—I said I believed he had put the sovereign in his mouth—I do not remember mentioning, until I got to Bow-street, about his swallowing it—I did not hear of his having been searched and stripped before the Comptroller, and no sovereign was found—I knew that the officers searched him, and I heard that no sovereign was found—I had mentioned about his putting the sovereign in his mouth before I heard that—I said it to the chief Comptroller, Mr. Bokenham, and others, that were present—William Smee was along with me at the grating—it was large enough for both of us to see through—I never heard of any re
<lb/>ward being offered for the conviction of the prisoner—I have never been promised any reward of any kind—I have often watched people before; it is very necessary—I am not proud of it—I cannot tell how often I have been set to watch people, it is so many times—I have never received any gratuities from the Post Office—I get 2
<hi rend="italic">l</hi>. a week—the prisoner had about 30
<hi rend="italic">s</hi>.—I have other duties to do besides watching—I have never had a 5
<hi rend="italic">l</hi>. note for good service money.</p>
<hi rend="smallCaps">MR. CLARKSON</hi>.
<hi rend="italic">Q.</hi> How long have you been in the Post Office?
<hi rend="italic">A.</hi> Above twenty-one years.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Do you ever watch of your own accord, without receiving orders to watch?
<hi rend="italic">A.</hi> I do sometimes—I had directions on this occasion—</p>
<xptr type="pageFacsimile" doc="185509170041"/>
<p>from what I had seen before, I had proper instructions here; it was a test letter—1 had given information about the prisoner before.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-133" type="witnessName">
<interp inst="t18550917-name-133" type="gender" value="male"/>
<interp inst="t18550917-name-133" type="surname" value="SMEE"/>
<interp inst="t18550917-name-133" type="given" value="WILLIAM"/>WILLIAM SMEE</persName> </hi>. I am a policeman attached to the Post Office. On the morning of 14th Aug., I was watching behind the grating with Forbes—I saw a tray of letters brought to a table where the prisoner was employed—I then saw the prisoner take several letters from the tray, and place them on the left hand side of him—I then saw him handle several letters as though he was feeling whether there was anything in them, examining them—I saw him take up two or three, and examine them—he then took one with a black mark across the centre—this is the letter to the best of my belief—he brought it in his hand three or four steps towards me, and placed it on another table—he then took the letter in his hand and pressed it, as though he was endeavouring to press something out against the seal—he then held the letter up to the light, with the back towards me, as though he was looking at it to see if there was anything in it—he then stepped back to the table with the letter in his hand, and knocked it three or four times endways on the table—he then laid it on the table, with the back-side upwards, the seal side, and placed his two thumbs on the letter, as though he was forcing something out—he then took his hands from the table, turned round, and placed both his hands behind his neck, and brought them round to his face, bringing his right hand over his mouth—I then saw a motion with his mouth, as though he had put something in his month—he then turned round to the table, took the letter, and placed it at the end of a lot more letters—he then took the letters from the table and placed them before the sorter, M'Farlane, on the table behind him—he was stand
<lb/>ing with his back to the sorter, and he had to turn round to place the letters on the sorter's table.</p>
<hi rend="italic">Cross-examined. Q.</hi> Have you been long in the service of the Post Office?
<hi rend="italic">A.</hi> About five months—before that I was in the police, on plain clothes duty—we do not term that a detective, we call them divisional plain clothes men—people choose to call us detectives, but the detectives are com
<lb/>bined of a small portion of men attached to Scotland-yard—this was the first time I was employed to detect at the Post Office—the first one that I have had to trial—I get 30
<hi rend="italic">s</hi>. a week—I had a guinea in the police—I mentioned about the prisoner swallowing the sovereign, before I was examined at Bow-street—I mentioned it to Forbes, and I said to Mr. Gardiner, one of the inspectors, that I believed he had put it in his mouth—I did not say swal
<lb/>lowed it, because I could not prove that—I believed he had swallowed it, before I got to Bow-street—when he was searched the sovereign was not found—I believe he has been in the House of Detention—I know that he was watched there to a certain degree, to see whether the sovereign should turn up—I never heard that a reward of 5
<hi rend="italic">l</hi>. was offered there for watching him—I never heard of his being removed from cell to cell thirty times for the purpose of watching him—I never heard of any reward—he was first searched with his clothes on, and I afterwards stripped him to search him—I aid not find the sovereign—I did not hear the sovereign sound on the table—I could not hear it—I should say it would have been impossible to hear it at such a distance.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-134" type="witnessName">
<interp inst="t18550917-name-134" type="gender" value="male"/>
<interp inst="t18550917-name-134" type="surname" value="PEAK"/>
<interp inst="t18550917-name-134" type="given" value="MATTHEW"/>MATTHEW PEAK</persName> </hi>. I am one of the constables of the Post Office. On the morning of 14th Aug. I saw the prisoner at the General Post Office, about 6 o'clock—about a quarter to 7 o'clock I saw him with a letter in his hand—I noticed the letter—this is the one, or one similar, though I do not think there is another like that—I noticed the black mark across the centre—</p>
<xptr type="pageFacsimile" doc="185509170042"/>
<p>I was afterwards sent for to the Comptroller's office, that same morning I searched the prisoner, and found on him six sovereigns, one half sovereign, seven shillings, and twopence in copper, and three five-franc pieces—I did not find the missing sovereign.</p>
<hi rend="italic">Cross-examined. Q.</hi> Are you aware that he was in the habit of letting lodgings?
<hi rend="italic">A.</hi> I have seen lodgers at his house, three or four—I do not know anything about his domestic affairs—I do not know who attends to the lodgers—he has a servant or two, I believe—I think he has been in the Post Office about ten or twelve years—I do not know of his being stripped—a reward of 2
<hi rend="italic">l</hi>. was offered if the sovereign could be found.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-135" type="witnessName">
<interp inst="t18550917-name-135" type="gender" value="male"/>
<interp inst="t18550917-name-135" type="surname" value="TAYLOR"/>
<interp inst="t18550917-name-135" type="given" value="JOHN LOWTHER DUPLATT"/>JOHN LOWTHER DUPLATT TAYLOR</persName> </hi>. I am employed in the office of Mr. Hill, the Secretary to the Post Office. On the 4th of this month I opened this letter (
<hi rend="italic">produced</hi>) at the Post Office, it contained a sovereign—I paid particular attention to it, because I had never seen a test sovereign before, and I remember the marks on it—it is an anonymous letter, addressed to the Postmaster General—(
<hi rend="italic">read</hi>: "Honourable Sir,—T enclose you the marked sovereign that Clark is charged with on 14th Aug. It is a check on my conscience to have the innocent suffer for the guilty.")</p>
<hi rend="smallCaps">
<rs id="t18550917-868-verdict-1" type="verdictDescription">
<interp inst="t18550917-868-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18550917-868-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18550917-869">
<interp inst="t18550917-869" type="uri" value="sessionsPapers/18550917"/>
<interp inst="t18550917-869" type="date" value="18550917"/>
<join result="criminalCharge" id="t18550917-869-charge-1" targOrder="Y" targets="def1-869-18550917 t18550917-869-offence-1 t18550917-869-verdict-1"/>
<persName id="def1-869-18550917" type="defendantName">
<interp inst="def1-869-18550917" type="gender" value="male"/>
<interp inst="def1-869-18550917" type="surname" value="MOUL"/>
<interp inst="def1-869-18550917" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK MOUL</hi> </persName>
<rs id="t18550917-869-offence-1" type="offenceDescription">
<interp inst="t18550917-869-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18550917-869-offence-1" type="offenceSubcategory" value="forgery"/>, feloniously forging and uttering a deed, with intent to defraud.</rs> </p>
<hi rend="smallCaps">MESSRS. GIFFARD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">REES</hi>
<hi rend="italic">conducted the Prosecution</hi>.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-137" type="witnessName">
<interp inst="t18550917-name-137" type="gender" value="male"/>
<interp inst="t18550917-name-137" type="surname" value="ROBERTS"/>
<interp inst="t18550917-name-137" type="given" value="ROBERT WILLIAM"/>ROBERT WILLIAM ROBERTS</persName> </hi>. In March, 1854, I was cashier in the office of the Times Life Assurance Company. I had held that office for some time previous to that—I know the prisoner, I have seen him frequently at the office of the Company—I have had conversation with him there with refer
<lb/>ence to a loan transaction for 100
<hi rend="italic">l</hi>., that he was carrying out with the office—this letter (
<hi rend="italic">produced</hi>) is his writing—I cannot say that I have seen him write, I have had letters from him, and conversed with him afterwards upon them (
<hi rend="italic">read</hi>; "15th Feb., 1854. Sir,—This is to inform you that Mr. Cobham, butcher, of Green's End, Woolwich, will join in the bond for 100
<hi rend="italic">l</hi>. He is a very respectable man, and has been in business several years on his own account. Mr. Robert Parsons, of Plumstead-common, will answer the referred letter.")—I produce a deed of assignment, Mr. Seeker is the sub
<lb/>scribing witness.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-138" type="witnessName">
<interp inst="t18550917-name-138" type="gender" value="male"/>
<interp inst="t18550917-name-138" type="surname" value="SECKER"/>
<interp inst="t18550917-name-138" type="given" value="JAMES BARNETT"/>JAMES BARNETT SECKER</persName> </hi>. I am the attesting witness to the execution of this deed by Frederick Moul, James Carrington Moul, and George Cobham—it is dated 10th March.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PARRY</hi>.
<hi rend="italic">Q.</hi> Do you remember the prisoner sign
<lb/>ing it?
<hi rend="italic">A.</hi> No, I do not—it was a person calling himself Frederick Moul—whether it was the prisoner or not, I do not know.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-139" type="witnessName">
<interp inst="t18550917-name-139" type="gender" value="male"/>
<interp inst="t18550917-name-139" type="surname" value="ROBERTS"/>
<interp inst="t18550917-name-139" type="given" value="ROBERT WILLIAM"/>ROBERT WILLIAM ROBERTS</persName> </hi>,
<hi rend="italic">continued</hi>. The signature of Frederick Moul to this deed I believe to be the prisoner's writing—after the deed was signed, I paid the prisoner some money—I do not exactly recollect how much it was, it was by cheque—(
<hi rend="italic">looking at a paper</hi>) this is not the cheque I paid him—I did not give him any money in cash—I was not present when the deed was signed—I had seen the deed—I do not think it was ever in the presence of both of us after it was executed, when we had any trans
<lb/>action; I do not remember—at the time the piece of paper was given to him, I had some conversation with him—he thanked me for the money—I gave him some, and he could not give me the difference, and he was to remit it to me—it was a small balance.</p>
<xptr type="pageFacsimile" doc="185509170043"/>
<hi rend="italic">Cross-examined. Q.</hi> Do you know anything of this deed having been signed in blank?
<hi rend="italic">A.</hi> No, I do not—I can state that on my oath—(
<hi rend="italic">the deed was here read, together with a receipt upon it for</hi> 100
<hi rend="italic">l</hi>.,
<hi rend="italic">signed by Frederick Moul</hi>)—the loan was to be repaid by quarterly instalments—I left the employment of the Times Boon after; therefore, I cannot say whether he paid any instalments—that was in another department—my department had nothing to do with the receiving of the instalments—there had been a previous loan of 50
<hi rend="italic">l</hi>.—that was not settled—the object of this loan was to clear off the old one, and make a new transaction—I was first aware that the name of George Cobham was alleged not to have been written by him some two months ago—I had never heard of it before—I presume that was because I had left the office—I had a communication made to me.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-140" type="witnessName">
<interp inst="t18550917-name-140" type="gender" value="male"/>
<interp inst="t18550917-name-140" type="surname" value="SECKER"/>
<interp inst="t18550917-name-140" type="given" value="JAMES BARNETT"/>JAMES BARNETT SECKER</persName> </hi>
<hi rend="italic">re-examined by</hi>
<hi rend="smallCaps">MR. PARRY</hi>. When I witnessed these signatures to the deed I do not recollect whether the parts that are in writing were in blank—I do not know that they were—the writing is Mr. Rushbrook's, the attesting witness to the signature of Robert Green Baxter, one of the sureties—there were three sureties—I do not recollect whether the deed was filled up or not—there are no dates put as to when the signa
<lb/>tures were taken—I believe that is not the custom—I cannot give you any idea of the day of the month upon which these signatures were witnessed—I do not know that the writing parts of this deed were in blank—I never heard it till you mentioned it just now—there were other persons in the office when it was signed by the three parties.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Were the three parties together when they signed it?
<hi rend="italic">A.</hi> I have no distinct recollection of the transaction at all—Baxter was not pre
<lb/>sent—I do not recollect ever dating a deed without filling up the blanks—I cannot say whether it was filled up or when it was executed—it purports to assign two policies, one dated 16th March, 1853, and another dated 17th March, 1854—the deed is dated 10th March—that does not bring to my mind whether it was filled up when the parties came to execute it—it was my first week in the office, and I was quite a stranger to the business—Rushbrook is still in the Company's employment.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-141" type="witnessName">
<interp inst="t18550917-name-141" type="gender" value="male"/>
<interp inst="t18550917-name-141" type="surname" value="COBHAM"/>
<interp inst="t18550917-name-141" type="given" value="GEORGE"/>GEORGE COBHAM</persName> </hi>. I am a butcher, residing at Woolwich. There is no other butcher of my name residing there, to my knowledge—I have known the prisoner about eighteen months, or from that to two years—he was then living at Woolwich—I remember his applying to me to become surety for a loan by this Company—I think that was after I had known him about three months—that would be in May, 1854, about the commencement of May, or the latter end of April—I cannot say exactly whether it was in March—it was either March, April, or May, but which month it was I cannot say for certain—it was about that time, I know—I told him that I would not, that I would have nothing to do with it—he did not apply to me at any other time to become surety—the signature of "George Cobham" to this deed is not mine—I never executed that deed, nor gave any one authority to execute it for me.</p>
<hi rend="italic">Cross-examined. Q.</hi> Had you ever any conversation with the prisoner about a loan?
<hi rend="italic">A.</hi> Yes, once, when he asked me to be security for him—I told him, no, I should have nothing at all to do with it, because I did not know that I should not want to become a borrower myself—the conversation lasted just about as long as I have been in this box—he rented one stall of a stable of me—we were not on visiting terms at all—we did not go to each other's houses—he did not live opposite to me—I never gave him a hint that he might use my name for a loan, or give it in as a security for inquiries</p>
<xptr type="pageFacsimile" doc="185509170044"/>
<p>to be made—I had no inquiries made of me—I never had any letter from the office, or any communication from anybody—I did not know whether I should borrow, or in what office—I have had a communication with this very office about a loan for myself—that was a long while afterwards—I did not procure a loan—I said nothing to the prisoner about his being security for me—I am quite sure of that—I underwent a medical examination, to see whether my life was insurable—I did not succeed in procuring the loan—the prisoner did not advise me to apply to the Times Office—I told him I was thinking of insuring in the Times Office, and he advised me to have nothing to do with it, as it was a very bad Company—that was when he asked me to become security for him—the Company never refused me a loan—the answer I received to my application was a lawyer's letter for 100
<hi rend="italic">l</hi>., for which I had become security for Mr. Moul, together with 9
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>., and 6
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>. for the lawyer's letter—I had not become security for him—that was about a fortnight after my application, while I was waiting for an answer to my application—that was the first I heard of Mr. Moul's job.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-142" type="witnessName">
<interp inst="t18550917-name-142" type="gender" value="male"/>
<interp inst="t18550917-name-142" type="surname" value="EDWARDS"/>
<interp inst="t18550917-name-142" type="given" value="ARTHUR CORDY"/>ARTHUR CORDY EDWARDS</persName> </hi>. I am solicitor to the Times Assurance Com
<lb/>pany. In Jan. last I sent letters to Mr. Frederick Moul, No. 15, Cannon-place, Brighton—I received letters in reply to those I had written—I know the letters I received to be Mr. Moul's—(
<hi rend="italic">The following copy of a letter sent by the witness was here read, as follows; it was addressed to the prisoner and signed, Edwards and Edwards</hi>:" 8th Jan., 1851. Sir,—Your letter to the Times Life Company of the 5th ultimo has been handed to us. It is impossible that we can extend to you the clemency you ask till some expla
<lb/>nation respecting this loan is forwarded by you to us. On applying for the loan, you named Mr. George Cobham as one of your sureties, and referred to Mr. Parsons to answer inquiries as to Mr. Cobham's responsibility, etc., etc.—reference was made to Mr. Parsons, who assured the Company of Mr. Cob
<lb/>ham's responsibility and respectability; the loan was thereupon agreed We find that Mr. George Cobham executed a deed at the office of the Company at the same time that you and Mr. James C. Moul did. Upon applying to Mr. Cobham for payment under his guarantee, you having made default, Mr. Cobham comes to us with his solicitor and emphatically denies all know
<lb/>ledge of the transaction; that he never was applied to by you to become security, and never executed the bond. Upon the bond being produced to him, with what we had been led to believe was his signature, he says it is a forgery; that he never executed any deed, and reiterates his denial Now this requires explanation: either you have committed a gross fraud upon the Company in introducing some one who personated Mr. Cobham, or Mr. Cobham is telling a gross lie. We expect to hear from you by return, how the matter really stands; whether Mr. George Cobham, a big, stout man, did execute the deed, Mr. Cobham, a butcher, of Woolwich, as, if he did, we are satisfied he can pay, and after his statement, he deserves to be, and shall be made to pay. Remember, by return we expect your reply."—The
<hi rend="italic">Prisoner's answer to this letter was as follows</hi>; "9th Jan. Sir,—I received your letter this morning. As regards Mr. Cobham, he told me he was will
<lb/>ing to sign the bond with me; but the day before I had the money, he told me he should have nothing to do with it; this was after the Company had granted me the loan. I was then placed so that I did not know what to do. I asked another friend to sign for me, who said he would; I was not aware that he had put the name of Mr. George Cobham down, as his own name is Mr. John Williams, a master whitesmith, who is now gone to Australia,</p>
<xptr type="pageFacsimile" doc="185509170045"/>
<p>which I did not know at the time he intended to go there. Had Mr. Cobham told me when I asked him that he would not do it, I should have given in Mr. Williams's. I am truly sorry that I was so foolish as to do what I did. As the loan was granted to me, I did not know what to do when Mr. Cobham disappointed me; and now all I can do is, to leave myself in your hands, and I do hope you will not take proceedings against me, and I will act honest and pay the loan, so that there shall be no more trouble about it. I sent Mr. Sweet, the agent of Mr. Cobham, before I filled up my loan paper"—in May, or July, I went to No. 15, Cannon-place, Brighton—the prisoner opened the door to me—I showed him this letter, and asked him whether that was his writing—he said it was—I told him that I had come down from the Times Life Office about it—he asked me to walk into a back room—when he got in he began talking about his circumstances, and telling me a long string of reasons why he had not paid the money; at last I put a stop to the conversation and went to the front door of the house, and beckoned in Terry, the constable, whom I had brought with me—I stated that I gave the prisoner into custody for forging that deed, producing the deed at the time—I pointed out the signature of George Cobham as being the signature which was forged—the prisoner said he was sorry it had come to this, he never meant to defraud the Company—we then all three went into the same back room again—he began talking about his circum
<lb/>stances again, and asked if there was any means of settling it, whether he could pay it in part, and give security for the remainder—I told him I should listen to nothing of the kind—he asked me whether he could speak to Mr. Sheridan, and ask him to do it—Mr. Sheridan is one of the Directors of the Company—I said that I should certainly advise Mr. Sheridan to have nothing to do with it.</p>
<hi rend="italic">Cross-examined. Q.</hi> Have you been solicitor for the Company long?
<hi rend="italic">A.</hi> I have only been in practice myself this present year, but I was in the office of my brother, who was solicitor to the Company, and I attended to the business; I have now joined my brother in partnership—I think I first heard of the signature of Cobham being alleged to be a forgery, about the Aug. previously—I wrote to the prisoner again in Jan.—I did not write before, because the long vacation came in, and I went out of town—I was out of town for a month, at two separate fortnights—the first fortnight was in Sept, and the last was the last fortnight of the long vacation—I went about 5th Oct.—I really cannot say what was the reason I did not press this matter—I had no definite reason for not doing so, it was neglected, and the long vacation came in—I should say it was certainly not delayed for the purpose of seeing what could be got out of the parties—I commenced an action against the prisoner in Jan., I think—I had written to him in the previous Aug.—I wrote to him with the sureties, at the same time I wrote to Mr. Cobham for the payment of the debt, and I think his answer was in Aug., one of the earliest days—the action was commenced on 3rd Jan.; we sent the writ down to Brighton on that day—we got judgment by default, pro
<lb/>bably about sixteen days afterwards—I did not go down till May, because I did not consider that the letter was true—I did not consider that a forgery had been committed, not even when I went down to arrest him—I took the policeman with me, because I went with instructions to give him into custody—it was a matter of opinion whether a forgery had been committed; my opinion was, that it was possible it might turn out that it had not—we have not sued any of the sureties, but we have written to them to get payment—I do not know of any offer of 80
<hi rend="italic">l</hi>. down, and these</p>
<xptr type="pageFacsimile" doc="185509170046"/>
<p>proceedings to be stayed—I have not heard of any such offer—I know of nothing of the kind—I do not know that there was any definite reason for the length of time that elapsed before proceedings were taken, the thing slumbered—I cannot say that I was at all in hopes of getting paid—I took it up again in Jan. as a new transaction—I must have written to the parties before issuing the writ—I do not issue writs without writing letters previously.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-143" type="witnessName">
<interp inst="t18550917-name-143" type="gender" value="male"/>
<interp inst="t18550917-name-143" type="surname" value="RUSHBROOK"/>
<interp inst="t18550917-name-143" type="given" value="JOSEPH"/>JOSEPH RUSHBROOK</persName> </hi>. I am the attesting witness to the signature of Mr. Baxter to this deed. I recollect Mr. Baxter coming to the office, and exe
<lb/>cuting that deed.</p>
<hi rend="italic">Cross-examined. Q</hi>. You have been fetched here as a witness, have you not?
<hi rend="italic">A.</hi> Yes; this is the first time I knew anything about being a witness, I never expected it—the gentleman who fetched me did not tell me what I was wanted for, only that I was to be a wit
<lb/>ness to one of the signatures; he said nothing to me about the body of the deed—the body of this deed is in my writing; it is partly written and partly printed—I cannot say whether the whole of the written part was filled in after the signa
<lb/>ture of Frederick Moul, James C. Moul, and George Cobham—I should say not, I should say it was put in before—as to this one of Baxter's, I can posi
<lb/>tively state that the deed was filled in before that signature was put to it—it is my positive opinion that it was all filled in before any of the signatures were affixed—nothing has been said to me about this—the clerk of Mr. Edwards fetched me, and told me I was to be a witness to the execution of the deed—I will give you one good reason for saying it was filled in before it was signed, and that is, you will find the word "Carrington" has been written in after the other part; we did not know that name, and therefore it was left blank, and upon their coming to the office that word was written in—there are no dates to the signatures.</p>
<hi rend="italic">Q.</hi> Can you account for the policy of 17th March, 1854, being recited in the body of the deed, when the deed is dated 10th March?
<hi rend="italic">A.</hi> That has been put in afterwards, after the signatures—there was an old policy which was assigned at the time, but that was a new one, it was not then com
<lb/>pleted, and it was put in afterwards—I cannot say as to whether that particular part was put in since the signature of Baxter; it is all in my own handwriting—I do not know Baxter, a person came and signed in that name—the word "Carrington" was not written at the same time as the other part, nor the words "17th March, 1854"—blanks were left in that part of the deed for that to be put in afterwards—I do not remem
<lb/>ber copying any portion of that policy from a previous one—it is possible that we may have had a previous policy with the name of James Carrington Moul to it, as a surety for his brother—we had a fresh proposal, and I should not go to the old papers to make out a new one—I am not sure about its being a fresh proposal, I only know it from the word "Carrington" being added.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Are you speaking from memory?
<hi rend="italic">A.</hi> No, but from the appearance—when we fill in blanks, we spread the writing out to fill up the space, and you will find that this, instead of being written as close as the other part, is spread out to fill up the blank that had been left—I recollect Mr. Baxter coming to sign—he could scarcely write at all—he said his hand shook so, he could scarcely write his name—I do not know that these three persons put their signatures before the blanks were filled up—I only know that blanks were left, and filled up afterwards; I mean after the signatures—the other part must have been filled in before,</p>
<xptr type="pageFacsimile" doc="185509170047"/>
<p>according to my impression—I do not know that it was so, but it is my impression that it must have been so, because we waited till the parties came, to ask them the name of Carrington, to fill in—I am not sure whether I was there when the parties came—it is my impression that they all came together, and when the name of Carrington was asked for, it was put before it was executed—it was most likely that it was put in before it was executed—what I have been saying is this, I believe the deed must have been previously filled up, before the signatures were affixed—that is what I have been saying all along—blanks were left for the name Carrington, and for the second policy—if the parties all came together, that would be put in before they signed—the regular course would be to fill in all the blanks before they signed—I do not know whether I was there when they came—I have no remembrance whether the deed was executed when it is dated—there is no one here from the office who can state that—the blank that was left for 17th March, 1854, was filled in afterwards—I cannot say whether it was after the signatures, but after the body of the deed was written—that is all I can say; whether it was after the signatures or not I cannot tell—I cannot tell positively whether it was filled in before the three parties signed the deed—it is my impression that the deed was written without the word "Carrington", and "17th March, 54, "and that those blanks were filled up before the parties executed it.</p>
<hi rend="smallCaps">MR. PARRY</hi>.
<hi rend="italic">Q.</hi> You said just now your impression was that the signatures must have been filled up before the policy of 17th March?
<hi rend="italic">A.</hi> So I have said all along.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Do you know whether it was filled in before the parties executed it?
<hi rend="italic">A.</hi> It is my impression that it was; not the 17th March, the word," Carrington, "I cannot say anything about the other words, because it is possible the policy might not be dated; the man might have to come and be examined some time after the loan was completed—it is possible that "17th March, 54", was filled in after the signatures; it might have been.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-144" type="witnessName">
<interp inst="t18550917-name-144" type="gender" value="male"/>
<interp inst="t18550917-name-144" type="surname" value="TERRY"/>
<interp inst="t18550917-name-144" type="given" value="JAMES"/>JAMES TERRY</persName> </hi>. I am a superintendent of police—I went with Mr. Edwards, and apprehended the prisoner at Brighton—he was given into my custody by Mr. Edwards, on a charge of forgery—I told him he was charged with forging the name of George Cobham to that document, (which was placed before him,) in connection with others, for the purpose of obtaining some money—he said, "It was not done to defraud the Company, and if they will give me time I will pay them"—he then had some conversation with Mr. Edwards, and soon after he stated that he was aware Mr. Cobham would not sign the document two or three days before it was signed, that a person named Williams had promised to become surety for him, and he supposed he must have signed Mr. Cobham's name instead of his own, and he believed Williams was gone to Australia.</p>
<hi rend="smallCaps">MR. PARRY</hi>
<hi rend="italic">submitted that the evidence given tended to invalidate the deed</hi>.
<hi rend="smallCaps">MR. JUSTICE CROMPTON</hi>
<hi rend="italic">entertained great doubt whether it was a perfect deed at the time it was signed, and therefore such a deed as the parties intended it should be</hi>.
<hi rend="smallCaps">MR. GIFFARD</hi>
<hi rend="italic">contended that as between the parties then executing it, it was a perfect deed, although it might not enable the Company to proceed against the securities afterwards</hi>.
<hi rend="smallCaps">MR. PARRY</hi>
<hi rend="italic">stated that the prisoner's brother, James Carrington Moul, one of the parties to the deed, was a witness on the back of the bill, and requested that he might be called to clear up the mailer</hi>.
<hi rend="smallCaps">MR. GIFFARD</hi>
<hi rend="italic">declining to call him</hi>,
<hi rend="smallCaps">MR. JUSTICE CROMPTON</hi>
<hi rend="italic">directed him to be examined</hi>.)</p>
<hi rend="smallCaps">
<persName id="t18550917-name-145" type="witnessName">
<interp inst="t18550917-name-145" type="gender" value="male"/>
<interp inst="t18550917-name-145" type="surname" value="MOUL"/>
<interp inst="t18550917-name-145" type="given" value="JAMES CARRINGTON"/>JAMES CARRINGTON MOUL</persName> </hi> (
<hi rend="italic">examined by</hi>
<hi rend="smallCaps">MR. PARRY</hi>). I am a brother</p>
<xptr type="pageFacsimile" doc="185509170048"/>
<p>of the prisoner, and one of the sureties to this deed—I am a national-school master at East Wycomb, in Kent;—the signature of James Carrington Moul, to this deed, is mine—I went alone to sign it on Wednesday afternoon, 8th March—when I was called to sign the deed by Mr. Seeker, there was no writing at all upon it, and no wax at all—I told Mr. Seeker that I had called to sign the bond for 100
<hi rend="italic">l</hi>. for my brother—he told me it was not prepared, and if I signed I must sign it blank—I did sign it in blank—I put my name as it stands here, and there was then no other writing on the bond at all.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Was not your brother's signature to it?
<hi rend="italic">A.</hi> No, there was no signature at all of anybody—I put my signature, and left the office—I resided in the country at that time.</p>
<hi rend="smallCaps">MR. JUSTICE CROMPTON</hi>
<hi rend="italic">was of opinion that if the Jury thought from this evidence that there were blanks in the document at the time it was executed, then it was not in point of law a deed, which the prisoner was charged with forging. The</hi>
<hi rend="smallCaps">JURY</hi>
<hi rend="italic">thought the evidence too doubtful</hi>.)</p>
<hi rend="smallCaps">
<rs id="t18550917-869-verdict-1" type="verdictDescription">
<interp inst="t18550917-869-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18550917-869-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<hi rend="italic">There was another indictment against the prisoner, for which see page</hi> 556.)</p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday, September</hi> 19
<hi rend="italic">th</hi>, 1855.</p>
<hi rend="largeCaps">PRESENT</hi>—Mr. Justice
<hi rend="smallCaps">CROWDER</hi>; Sir
<hi rend="smallCaps">JAMES DUKE</hi>, Bart., Ald.; Mr.</p>
<hi rend="smallCaps">RECORDER</hi>; and Mr. Ald.
<hi rend="smallCaps">CHALLIS</hi>.</p>
<hi rend="italic">Before Mr. Justice Crowder and the Fifth Jury</hi>.</p>
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<interp inst="t18550917-870" type="date" value="18550917"/>
<join result="criminalCharge" id="t18550917-870-charge-1" targOrder="Y" targets="def1-870-18550917 t18550917-870-offence-1 t18550917-870-verdict-1"/>
<persName id="def1-870-18550917" type="defendantName">
<interp inst="def1-870-18550917" type="gender" value="male"/>
<interp inst="def1-870-18550917" type="age" value="19"/>
<interp inst="def1-870-18550917" type="surname" value="BAILEY"/>
<interp inst="def1-870-18550917" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE BAILEY</hi> </persName>
<rs id="t18550917-870-offence-1" type="offenceDescription">
<interp inst="t18550917-870-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18550917-870-offence-1" type="offenceSubcategory" value="mail"/>, stealing a post letter, containing 1 half sove
<lb/>reign, 1 sixpence, and 4 postage stamps; the property of the
<persName id="t18550917-name-147" type="victimName">
<interp inst="t18550917-name-147" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18550917-870-offence-1 t18550917-name-147"/>Postmaster-General</persName>: to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18550917-870-verdict-1" type="verdictDescription">
<interp inst="t18550917-870-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18550917-870-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 19.</p>
<hi rend="italic">William Waltham, a grocer, the prisoner's uncle; James Bay, a grocer, of Hammersmith; and James Bailey, the prisoner's brother, gave him a good character</hi>.)</p>
<hi rend="italic">
<rs id="t18550917-870-punishment-26" type="punishmentDescription">
<interp inst="t18550917-870-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t18550917-870-punishment-26" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-870-18550917 t18550917-870-punishment-26"/>Four Years' Penal Servitude</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18550917-871">
<interp inst="t18550917-871" type="uri" value="sessionsPapers/18550917"/>
<interp inst="t18550917-871" type="date" value="18550917"/>
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<persName id="def1-871-18550917" type="defendantName">
<interp inst="def1-871-18550917" type="gender" value="male"/>
<interp inst="def1-871-18550917" type="age" value="40"/>
<interp inst="def1-871-18550917" type="surname" value="TEER"/>
<interp inst="def1-871-18550917" type="given" value="JOSEPH"/>
<hi rend="largeCaps">JOSEPH TEER</hi> </persName>
<rs id="t18550917-871-offence-1" type="offenceDescription">
<interp inst="t18550917-871-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18550917-871-offence-1" type="offenceSubcategory" value="burglary"/>, burglariously breaking and entering the dwelling house of
<persName id="t18550917-name-149" type="victimName">
<interp inst="t18550917-name-149" type="gender" value="male"/>
<interp inst="t18550917-name-149" type="surname" value="FISHER"/>
<interp inst="t18550917-name-149" type="given" value="JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t18550917-871-offence-1 t18550917-name-149"/>Joseph Fisher</persName>, and stealing 120 yards of cloth, 50 yards of calico, and 1 coat, value 50
<hi rend="italic">l</hi>.; his goods.—2nd
<hi rend="smallCaps">COUNT</hi>, feloniously receiving the same.</rs> </p>
<hi rend="smallCaps">MR. RYLAND</hi>
<hi rend="italic">conducted the Prosecution</hi>.</p>
<hi rend="smallCaps">
<persName id="t18550917-name-150" type="witnessName">
<interp inst="t18550917-name-150" type="gender" value="male"/>
<interp inst="t18550917-name-150" type="surname" value="HARTING"/>
<interp inst="t18550917-name-150" type="given" value="WILLIAM"/>WILLIAM HARTING</persName> </hi>. I am shopman to Mr. Joseph Fisher, of Nos. 4 and 5, Brokers'-alley, Drury-lane—his shop door opens into the alley—the house is about ten yards from Charles-street. On Friday night, 10th Aug., I shut up the premises at 9 o'clock—I secured the shop, and a window that I afterwards found open—that was shut the night before—there were rolls of cloth hanging up to dry in a first floor room, over the shop—about 3 o'clock in the morning I fancied I heard a noise—I lay in bed till about 20 minutes before 4 o'clock—I then turned myself in bed, and sat up, and fancied I heard a noise again—I lay down again, and about 20 minutes past 4 o'clock, I heard a
<hi rend="italic">cab</hi> drive down Charles-street, which is about ten yards from the shop—the
<hi rend="italic">cab</hi> came down very slowly, and I heard some one unlock the shop door inside—I jumped out of bed, put the window up, and saw a man take a single piece of cloth to the
<hi rend="italic">cab</hi>—the cabman was holding the door open, and the man threw it in—I called out, "
<hi rend="italic">Cabman</hi>! stop thief!" as loud as I could halloo—the
<hi rend="italic">cabman</hi