<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<hi rend="largeCaps">SALOMONS, MAYOR. SECOND 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, December</hi> 17
<hi rend="italic">th</hi>, 1855.</p>
<hi rend="largeCaps">PRESENT</hi>—The Right Hon. the
<hi rend="largeCaps">LORD MAYOR</hi>; Sir
<hi rend="smallCaps">CHAPMAN MARSHALL</hi>, Knt., Ald.; Mr. Ald.
<hi rend="smallCaps">CHALLIS</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 First Jury</hi>.</p>
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<interp inst="def1-91-18551217" type="surname" value="CLEWLEY"/>
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<hi rend="largeCaps">WILLIAM CLEWLEY</hi> </persName> was indicted
<rs id="t18551217-91-offence-1" type="offenceDescription">
<interp inst="t18551217-91-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18551217-91-offence-1" type="offenceSubcategory" value="other"/> for a nuisance.</rs> </p>
<hi rend="smallCaps">MESSRS. RYLAND</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">LOCKE</hi>
<hi rend="italic">conducted the Prosecution</hi>.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-2" type="witnessName">
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<interp inst="t18551217-name-2" type="surname" value="LATTER"/>
<interp inst="t18551217-name-2" type="given" value="HENRY"/>HENRY LATTER</persName> </hi>. I am a surgeon, and reside at No. 6, Adelphi-terrace, facing the river. I know, the defendant—I believe him to, be the occupier of a wharf and premises on the bank of the river, in front of the terrace—it is called, I believe, Western-wharf—be is a dung merchant—the business carried on there is collecting dung from various parts of the town, and col
<lb/>lecting it in a barge, or barges, in front of his premises, and sometimes on the wharf—it sometimes remains in the cart before it is dragged down to the barge, and when there the cart remains nearer to our noses—I have known the carts remain on the wharf all night—I have observed this between 1st Jan. and Oct. this year—it is so frequent, that you may see it whenever you choose to look—I observed it last Friday, morning, but have not observed it so much lately, as I have been a great of town—the barges are moored close to the wharf, at varying distances from high to low water mark—sometimes, they are dry, but, generally speaking, they are afloat—the manure remains in the barges until it smells very badly, sometimes for eight or ten days)—it is a large barge, a lighter, and is filled by degrees, in about eight or ten days—the manure is not always taken away in the barge, it is sometimes transhipped—it is sometimes stable manure, sometimes cow dung; in fact, it is an
<hi rend="italic">omnium gatherum</hi>—we strongly suspect that there is human ordure, or contents of privies, from the intolerable stench, but I have not seen it—I have observed vegetable matter</p>
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<p>among it—there was an instance of a very large amount of carrots put into the barge, some months ago, which very nearly destroyed us—they were in a state of extreme decomposition—they had been secreted under the Adelphi arches for some time, by somebody else, and I believe Mr. Clewley was employed to remove them—I have not observed cabbages there of late—I used to keep a register of these things some years ago, when we were bringing him up before the parish, but latterly I have left it to my neighbours—the stench latterly has been that of stable manure—it is very bad at times—we have suffered very great inconvenience from it all over the house—as a medical man, I consider it injurious to health, and can prove that it has been particularly so in our neighbourhood—when it is being put from the carts into the barge, or from the large barge into the little barge, the whole buildings, almost to the Strand, are affected by it—Messrs. Coutts's banking house is affected by it just as much as we axe—some few years ago, I was continually speaking to the defendant about it, and have told him, as a neighbour, that there was a duty which he owed to us, to keep his premises more tidy; but he was always very rude—these conversations have been at his wharf, or at his door—I addressed him as the person conducting the business—I have seen him on the barges, directing his men—I believe he very seldom does anything himself but he sees that others do it—the turning takes place at various times of the day, and it becomes worse and worse in proportion as it is turned—it decays in the barge, and then becomes worse—turning it makes it ferment more, but I believe the inten
<lb/>sion is to make it a more uniform compost for the market gardeners—there have been general complaints about this wharf and barges.</p>
<hi rend="italic">Prisoner. Q.</hi> Are you aware that there are four common sewers within a short distance of your house?
<hi rend="italic">A.</hi> Yes; there are two at Scotland-yard, one at the Adelphi, and one at the Waterman's Pier; there is one under the east, and another under the west end of the terrace—when the wind is south-west is blows directly on to the terrace—no doubt we smell the sewers sometimes—there is no smell from long litter, which is straw not quite trod
<lb/>den into manure, partially used only—I have said that you were very rude to me—I never took up my stick to strike you or anybody else—you did not say, "By God I will pay you if you strike me with that stick"—I never could have forgotten it if it had occurred—the greater part that I have seen lately has been stable manure, as far as my knowledge goes—I have not seen anything else for months, but I only see it when I come to town—I have seen dung standing in the carts in the evening, and in the morning; I cannot say whether the water has been down then, so that you could not get to the barge—the barge reeks—I have not observed more than one cart—I did smoke a cigar there when I was engaged with the parish in putting down this abominable nuisance—it used to be a favourite walk some years ago, until they made it such a filthy place that nobody could go there—a smell undoubtedly arises from the urinal under the Adelphi, which is much frequented—the parish sweepings are not taken down there, they sweep the streets now which they did not formerly—I do not think it is swept into your dock.</p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> How far is it from high water mark to where the barge is moored?
<hi rend="italic">A.</hi> Twenty or twenty-five yards; but I can only judge from the fact, that when John Gore was here, I had a line struck from my bedroom window to his barge, and it was fifty-one yards off, including the breadth of the terrace.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-3" type="witnessName">
<interp inst="t18551217-name-3" type="gender" value="male"/>
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<interp inst="t18551217-name-3" type="given" value="JOHN"/>JOHN BROOKS</persName> </hi>. I reside with my family, at No. 6, Adelphi-terrace. The</p>
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<p>official referee under the Metropolitan Buildings Act carries on business there, and has from eighteen to twenty clerks; I have charge of the house, and live in it—the defendant's, barge lies forty or fifty yards westward of No. 6—it is permanently moored there, and contains an accumulation of horse dung principally, and I believe cow dung, but cannot say positively—I cannot say that I have noticed vegetable matter—I have seen carts bring; the stuff down to the barge, and have afterwards seen it transhipped from one barge to another, the effect of which is a very disagreeable stench when the wind is in the south-west—I have not seen the defendant on the barge for the last three or four months, but before that repeatedly, giving direc
<lb/>tions to his men apparently, who were emptying the dung out of the cart into the barge—I have not complained to nun about it.</p>
<hi rend="italic">Prisoner. Q.</hi> Are you aware that there are sewers at Scotland-yard, and, one at West-wharf?
<hi rend="italic">A.</hi> Yes; 1 have repeatedly passed Fleet-ditch in a steamboat, when the water hat been up, but never noticed any smell there; the tide stops the smell from coming down—a smell may possibly arise from the Adelphi arches, the urine place there smells very bad at times, but not, like a cart load of dung—I have not seen your son or any of your men throw up mud out of the river into your barge—I have frequently seen a barge load of long litter put into your barge between 7 and 8 o'clock in the morning, but there is horse dung among it—when I was getting up this morning, the steam was rising, from your barge in an immense cloud—it was not fog, but steam from the barge—the barge has been nearly full all the week, and steaming all the time.</p>
<hi rend="smallCaps">MR. RYLAND</hi>.
<hi rend="italic">Q.</hi> Was there a smell from it this morning?
<hi rend="italic">A.</hi> I did not notice it; it is when the wind is south-west that we catch it—the soft stuff that I have seen could not be dry litter from the stable—dry litter will smell when the rain comes on it, because it gets decomposed; but if it did not remain there long there would be no smell.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> How long have you lived there?
<hi rend="italic">A.</hi> Ten years—this busi
<lb/>ness has been carried on four of five years, and for the last three or four years by the defendant—I went to the house when the official referee went—I do not think the stench has increased, it is about the same as it has been for the last two or three years, nor has the quantity increased, or the nature of it become more offensive.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-4" type="witnessName">
<interp inst="t18551217-name-4" type="gender" value="male"/>
<interp inst="t18551217-name-4" type="surname" value="LAING"/>
<interp inst="t18551217-name-4" type="given" value="DAVID GORDON"/>DAVID GORDON LAING</persName> </hi>. I am a house decorator, of No. 2. Villiers-street, Strand, immediately opposite the
<hi rend="italic">ride</hi> where this business is carried on, so that I get the full benefit—it is underneath the terrace, below one street and above another—I occupy a long arch seventy or eighty feet long—there are three
<hi rend="italic">rides</hi> fronting the terrace—this is the west
<hi rend="italic">ride</hi>—my arch is ten yards from the defendant's wharf—I have a workshop there, and live in Villiers-street—I sometimes employ three or four workmen, principally in painting sign boards—from Jan. to Oct. I have seen dung of all descrip
<lb/>tions brought to the defendant's wharf—it seemed like horse dung, but from the desperate smell I should think there is some pig's dung—the man I had there most frequently is obliged to stay away, as he cannot stand, it—he has complained to me most bitterly about it, and an apprentice I had there was taken with a slow fever two months ago, and was laid up for nearly a month—the stuff was reeking last Thursday—the arch I occupy has only a wooden floor, and the street is underneath where the carts pass along—when we open the windows to get a breath of fresh air, the smell is very fearful—when the tide goes down, there is a slope, and that is called the
<hi rend="italic">ride</hi>—on account of the construction of our place, we get the stench</p>
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<p>from the barge from almost every quarter from which the wind blows—it is very offensive, and smells more like night soil than anything else—I have a knowledge of the sort of smell, being a plumber—it smells more like soil from privies than stable dung—the stuff in the carts is sometimes in a decomposed state, but not always—it is let drop all along the
<hi rend="italic">ride</hi>, and lies there till it festers, and the whole
<hi rend="italic">ride</hi> is covered with it, and it is then gathered up, and put into the barge—I have seen the
<hi rend="italic">ride</hi> covered with it for a week, stinking all the time—it may take a fortnight to fill the barge—I have seen it turned into the barge, and then the smell is increased, and the same when it is put in other barges—Mr. Gore's nuisance is totally removed, so that whatever smell comes now, comes from the defendant's place—our men complain more of this than they did of Gore's even while Gore was there.</p>
<hi rend="italic">Prisoner. Q.</hi> Are you aware of the sewers there?
<hi rend="italic">A.</hi> Yes—I am not aware of one in Villiers-street—I have refrained from coming to you, because I knew the sort of reception I should meet with—you cannot help old Father Thames washing the stuff up, but you leave it there for him to turn it into manure—I never saw straw thrown overboard from the barges unloading at Hungerford—I have seen it fell out of the carts—I never saw a whole cart load of straw washed up at one tide, nor did I see any on Thursday last—I am sometimes there every day in the week, and sometimes for a whole day at a time—there is a smell from the dark arches, but nothing equal to what comes from your place—I am aware that Milligan and Henderson, hay. and straw salesmen, have stables there—am not aware that their dung hole was done away with last summer—I am not aware that the litter is taken every morning out of Mr. Hender
<lb/>son's stable—I came here because I was subpoenaed.</p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> Do you believe that if it was done away with there would be any other smell from the sewers in the neighbourhood?
<hi rend="italic">A.</hi> No question but that we should occasionally have a smell from the sewers, but we should not have the thing brought as it were into our very houses—Mr. Elder has a very large hotel there, and he feels it more than me.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Does the high water wash up to your premises?
<hi rend="italic">A.</hi> Occa
<lb/>sionally it covers the whole of the Adelphi—the ordinary tide does not come up to the wall, but at spring tide it does—the barge is moored twenty-five or twenty-seven yards from my premises—I have been there seven years, and the defendant's business has been a growing evil—it has decidedly got worse within the last twelve months, from the way in which the stuff has been dropped, and manufactured with the mud, to go into the barge.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-5" type="witnessName">
<interp inst="t18551217-name-5" type="gender" value="male"/>
<interp inst="t18551217-name-5" type="surname" value="CHILD"/>
<interp inst="t18551217-name-5" type="given" value="GEORGE"/>GEORGE CHILD</persName> </hi>. I am one of the firm of Beck, Henderson, and Child, seed merchants, in the Adelphi Our counting house is the nearest pre
<lb/>mises to the defendant's wharf—there is only a narrow street dividing it—I have seen the barge constantly, and have seen the carts bring down stuff and put it into the barge—I have at times seen it moved from that barge into other barges—I have occasionally seen the defendant there when that has been going on, apparently giving orders—when this stuff has been moved in that way, the stench has been unbearable—I cannot say how long the stuff remained in the cart—it remained in the first barge, varying from three or four days to ten days—I have seen it moved about while it was in the barge—I have smelt the stench, and looked out of window to see the cause, and I have found the men stirring the stuff about in the barge from which the steam was arising, and when the south-westerly wind was blowing</p>
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<p>it came direct into our windows, so much so that I have been obliged to go up into the Strand to prevent myself from being ill—the offensive smell has been more particularly during the months of June, July, and Aug. this last summer—it was always worse in warm weather than in cold—I have never complained to the defendant about it.</p>
<hi rend="italic">Prisoner. Q.</hi> Why have Von never complained to me?
<hi rend="italic">A.</hi> I had my own business to attend to—I am convinced that the smells I smelt in June, July, and Aug., were not from horse manure only—they were decidedly from the contents of your burge—I cannot describe any smell bad enough for it—it was worse than night soil, from the combination of fifth—I have occupied these premises about nine months, but we have had premises on the wharf for many yearns—I have been two years in the firm—my partner is not here: he is out of town—we rent a counting house under Mr. Elder—we had the middle wharf between the defendant's and Mr. Gore's so we had the double benefit.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Has the mode of conducting this business changed at all lately?
<hi rend="italic">A.</hi> Within the last two months it has not been so offensive—it has been always carried on in the same way—it was not so bad last winter as it became in the summer—that was merely from the variation in the season.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-6" type="witnessName">
<interp inst="t18551217-name-6" type="gender" value="male"/>
<interp inst="t18551217-name-6" type="surname" value="ELDER"/>
<interp inst="t18551217-name-6" type="given" value="CHARLES"/>CHAKLES ELDER</persName> </hi>. I am the proprietor of the Adelphi Hotel, in Adelphi-terrace; I do not sleep there; I conduct the business there. I know the defendant's barge—I have suffered great inconvenience from it, from loss of connection in business, from my own establishment complaining of it, and also myself when I have been there—I have observed the carte on the wharf—they were filled with horse dung and cow dung, and sweepings from Covent-garden market cabbages, and all the vegetable matters—I am speaking of the defendant's, not of Gore's—Gore' took a portion of the sweepings of Covent-garden, and the defendant took another portion—I am not confusing the two cases—I have met the carts of Mr. Smead, the con-tractor, and seen them go to the defendant's barge—I have seen cow dung, horse dung, and the sweepings from the market, in the carts, standing on the wharf—I have seen the defendant there at the time, standing, with his hands in his pockets, directing the men to fill the bargee—I have known this stuff remain in the carts on the wharf for twenty-four hour—during that time I have experienced an insufferable smell front it—I could not describe the nature of it exactly—it was the worst smell I ever smelt—after this stuff has been put into the barge, I hare frequently observed the men turning it—the smell has been the same then, and worse if anything, because it was steaming up—I have seen them turning it over when it has been in the barge—sometimes he has had a barge of dry stuff, and barge of wet stuffy and they have mixed it, so as to decompose the dry cow dung—then it remained perhaps one or two days, and then it was turned over again and mixed—they manufactured the stuff into manure in the barged—I have seen three barges there repeatedly—it has remained there for days; and then it was put into other barges, and carried away—the stench has been very bad then—it has been a serious loss to me many families have complained of it, and left through it—I remember when Gore's nuisance was abated—I have experienced all this since then—I have complained to the defendant about it—I told him that it was insufferable, and could not possibly be tolerated—he told me if I would go down he would put my head into it—at that time there was a cartload of manure, quite in a liquid state, standing under my window, and within six feet of Mr. Henderson's counting house.</p>
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<hi rend="italic">Prisoner. Q.</hi> How long is it ago since you saw cow dung put in my barge?
<hi rend="italic">A.</hi> To the best of my recollection, the early past of last summer—I do not recollect that I ever spoke to your son—two or three weeks ago I saw a man standing on the barge, turning the dung over, as before, and I called out to him, "Halloo, Clewley! what! are you at that again? if you do not mind, you will catch it;" and he slapped his—1 swear I did not say to him, "You b—, I have got your father, and I will have you next"—I called him Clewley, because I supposed he was your deputy, and would answer for you—I have repeatedly called upon you, and asked you, civilly and quietly, to remove this nuisance, and told you the serious loss it was to me—for the last twelve months the steam and stench from your barge alone has been insufferable, all sorts of things were brought there—the smell from the urinary does not come into my house, it is "kept clean by the parish—one family left my house instanter in consequence of this nuisance, although my servants tried to make the best of it, and said it was merely temporary—at spring tides the water sometimes comes under the arches.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Has this trade been earned on more offensively lately?
<hi rend="italic">A.</hi> Yes, because when Gore went away, one of his men joined Clewley in the business, and he took a share of Gore's sweeping and rubbish—I cannot say how long ago it is since he said he would put my head into the manure; I should say it was in the early part of this year, but I really cannot say.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-7" type="witnessName">
<interp inst="t18551217-name-7" type="gender" value="male"/>
<interp inst="t18551217-name-7" type="surname" value="ALLEN"/>
<interp inst="t18551217-name-7" type="given" value="THOMAS"/>THOMAS ALLEN</persName> </hi>. I am a civil engineer, and live at No. 1, Adelphi-terrace. I know the defendant's premises and his barge; the smell from it is very disagreeable—I have seen the stuff brought down in carts, and put into the barge, and often it has been there some days—I have seen it turned about; the smell has been worse on those occasions—from my posi
<lb/>tion I am less subject to it than my neighbours, but on occasions it is very disagreeable indeed—my premises are about eighty or a hundred yards to the eastward of the barge.</p>
<hi rend="italic">Prisoner. Q.</hi> You are aware that there are sewers in the Adelphi?
<hi rend="italic">A.</hi> I believe there are—the smell from the barge is something worse than the smell of long kept dung, and in the summer time it is very offensive—it had the smell of horse dung, very long kept—I have seen the carts along
<lb/>side the barge, they contained apparently horse dung—I cannot say that I have smelt any smell from the arches, I was never there, nor ever down on the wharf—I never complained to you of this nuisance—in the summer the nuisance was insufferable to me—it has been less since Gore left—it still continues, but to a lesser degree—the smell is something like that from an ill-kept cow house.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-8" type="witnessName">
<interp inst="t18551217-name-8" type="gender" value="male"/>
<interp inst="t18551217-name-8" type="surname" value="LONGMAN"/>
<interp inst="t18551217-name-8" type="given" value="HENRY"/>HENRY LONGMAN</persName> </hi>. I live at No. 9, Adelphi-terrace. The defendant's wharf is exactly underneath—I have observed cart loads of horse manure brought there both Sundays and workdays—I have seen them loaded into the barge—the smell from it has been that of a very strong manure, it was very offensive; I have often been obliged to shut the window when I should have had it open for air—I am not in any business, I take charge of offices and chambers—I have occasionally seen men, turning over the stuff in the barge, the smell has been more strong then—I cannot say how long it has remained in the barge, perhaps eight or ten days; according to when it was full, I suppose.</p>
<hi rend="italic">Prisoner. Q.</hi> Have you ever been under the dark archest?
<hi rend="italic">A.</hi> Yes—I frequently smell smells there, I know there are several sewers close there—the smell I have spoken of came from your barge—three or four months ago I saw the men moving it about in the barge, and it was so short they</p>
<xptr type="pageFacsimile" doc="185512170009"/>
<p>could not turn it over with their forks, they were obliged to take shovels—they were mixing it all up together.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-9" type="witnessName">
<interp inst="t18551217-name-9" type="gender" value="male"/>
<interp inst="t18551217-name-9" type="surname" value="DICKINS"/>
<interp inst="t18551217-name-9" type="given" value="ALFRED LAMERTE"/>ALFRED LAMERTE DICKINS</persName> </hi>. I am a civil engineer, and am one of the superintendent inspectors appointed by the Board of Health. On 9th Jan. last I inspected the defendant's Wharf and barge—I have my original memo
<lb/>randum here which I made at the time, for the information of the Board of Health—I went down to inspect Gore's premises, and also to ascertain whether there were any other nuisances of a like nature, and with respect to the defendant's, I state that I saw barges there loading with apparently reeking stable manure, the smell from which was very offensive, and quite perceptible from the terrace and the streets adjoining—that was so—it was in a most offensive state, wet steam was rising from it, and it smelt like stuff from a very badly kept stable—on 24th Jan. I again inspected the defendant's wharf—there was a barge partly laden with the same kind of manure waiting there at the time—it was not quite so bad as before—on the first occasion they were turning it over, on the second the wharf was idle, I think it was dinner time—there was a very perceptible smell, but not so offensive as before—I saw the defendant on the first occasion, and asked him if he was the owner of the wharf—he said he was the occupier of it—I made some remark about the offensiveness of the dung, and he was so Very insolent that I was obliged to leave him—I did not tell him who I came from.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> How did you inspect the place?
<hi rend="italic">A.</hi> I first went up on the terrace and walked about there for some little time, and then I went down to the wharf where the cart was standing—it was not high water—they were then emptying a cart—it appeared to consist of horse dung and very rotten straw.</p>
<hi rend="smallCaps">
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<interp inst="t18551217-name-10" type="gender" value="male"/>
<interp inst="t18551217-name-10" type="surname" value="RANGES"/>
<interp inst="t18551217-name-10" type="given" value="WILLIAM"/>WILLIAM RANGES</persName> </hi>. I am a civil engineer; I am a superintendent inspec
<lb/>tor appointed by Board of Health. I was directed by the president of the Board of Health to visit Olewley's wharf, on 4th Oct last—Gore's was the adjoining wharf, but he had then entirely discontinued his business—I observed a barge on the defendant's wharf, with manure in it—the wharf is what is called a draw-dock, where carts go down to load and unload—it was low tide, and the barge was aground—there were no carts there then—the barge contained stable manure mainly, and a very small quantity of vegeta
<lb/>ble matter besides; leaves of cabbages—it had a strong pungent smell, the smell of manure of that kind—it was not very strong that day—the barge was about three parts full; the manure was then undergoing the process of decomposition—I did not go again—I made a report to the President of the Board of Trade—the result of placing the manure in the barge was offensive from the evaporation that took place, the exhalation from the manure in a state of decomposition—I considered it offensive—the stirring up of manure of that kind would of course be offensive; a nuisance of that kind would no doubt be calculated to make the houses of the persons in Adelphi-terrace uncomfortable for their occupation—I considered it a nuisance.</p>
<hi rend="italic">Prisoner. Q.</hi> If the manure was put in the barge fresh from the stables every morning, would that be injurious to health?
<hi rend="italic">A.</hi> That would depend upon how long it remained in the stable before it was brought out—it be
<lb/>comes offensive immediately—what I saw was perfectly dry, there was not any in a wet state—I discovered no odour from the sewers when I was there.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-11" type="witnessName">
<interp inst="t18551217-name-11" type="gender" value="male"/>
<interp inst="t18551217-name-11" type="surname" value="HANCOCK"/>
<interp inst="t18551217-name-11" type="given" value="GEORGE"/>GEORGE HANCOCK</persName> </hi>. I am inspector of nuisances to the parish of St. Martin's-in-the-fields. I know the defendant and his premises, it is the next wharf to that where Mr. Gore carried on his business—there has been a general</p>
<xptr type="pageFacsimile" doc="185512170010"/>
<p>complaint of the defendant's premises for a long time, by the people passing by, and likewise by the inhabitants living in the vicinity—I see his pre
<lb/>ttises every day, and two or three times a day—I have often seen the carts unloading into the barge, and have seen a man whom I took to be Clewley's son, at work in the barge with another man, throwing the stuff from the centre of the barge to the end, so as to fill it up, and make a regular load; I have also seen them put it front that barge into other barges to be taken away—when this has been going on, the smell has been altogether unendura
<lb/>ble—I have not seen the defendant on the premises while this has been going on, for the last three or four months—I frequently saw him in the summer giving directions to his men, whilst this has been going on—I have frequently spoken to him about it not within these twelve months, but on previous occasions—I have known the premises for four years and a half in his possession—when I have spoken to him, he has made use of very abusive language towards me, and said he would put me and the parish at defiance to stop the nuisance he was making; that he had stood one trial, and he was ready to stand another—in my judgment it has been a very, great nuisance indeed; it has been very much worse in the summer, and worse since Gore's wharf has been done away with; for I think the defendant has taken a por
<lb/>tion that Gore used to have.</p>
<hi rend="italic">Prisoner. Q.</hi> What sort of manure was it that wag put into the barge?
<hi rend="italic">A.</hi> I have seen your carts in different parts of the parish, and out of the parish, taking horse dung and cow dung, or any other filth they could pick up, to fill up the barge; even the refuse out of Brewer's-lane, at the back of Hungerford-market, from the poultry market and shops—that was not by my authority, I never told your men they might take it—I had no power to do so—I have seen your carts do this frequently until the last two or three weeks.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-12" type="witnessName">
<interp inst="t18551217-name-12" type="gender" value="male"/>
<interp inst="t18551217-name-12" type="surname" value="EMERY"/>
<interp inst="t18551217-name-12" type="given" value="WILLIAM"/>WILLIAM EMERY</persName> </hi>. I am collector of poor rates "for the district in which Clewley's wharf is situated; it is in the parish of St. Martin's-in-the-fields—the defendant paid me the rate on those premises from Midsummer to Michaelmas last.</p>
<hi rend="italic">Prisoner's Defence</hi>. I have a sample of this stuff here to show, the Jury the chief of the witnesses have proved that the smell was more like privy dung than horse dung; there was only a load and a half of litter put into the barge every day; I shall leave it to the Jury purchaser of the stuff here.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-13" type="witnessName">
<interp inst="t18551217-name-13" type="gender" value="male"/>
<interp inst="t18551217-name-13" type="surname" value="BESSANT"/>
<interp inst="t18551217-name-13" type="given" value="GEORGE"/>GEORGE BESSANT</persName> </hi>. I have been in the habit of buying the stuff out of the defendant's barge, I believe the whole of it—I have done so for the last five years—I used it on market ground, and for farming, as manure—what I bought at the early part of this year, consisted of horse dung, nothing else—after a deal of rain it has been wet and heated, when it came out of the barge; there is generally a little heat in a quantity of manure like that—to the best of my recollection, I have not had any cow dung from you since the cows were done away with in the Adelphi—I have not had any vegeta
<lb/>ble matter, or slaughterhouse stuff, in the manure that I have had from you for the last twelve months—the stuff contained too much straw, and I have told you of it—I have been obliged since last Aug. to have cow manure from another wharf to mix with it—I attended personally to the unloading of it from the barge into my carts—I have found nothing offensive in it for the last twelve months—I saw a load of it at the Adelphi this morning—I do not call it manure, I call it litter—I told you it was only stained straw, and I would have no more of it (
<hi rend="italic">looking at a sample</hi>)—I have had nothing</p>
<xptr type="pageFacsimile" doc="185512170011"/>
<p>better than this for the last six months—I had a barge full about once in every nine days.</p>
<rs id="t18551217-91-verdict-1" type="verdictDescription">
<interp inst="t18551217-91-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18551217-91-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi>. Aged 48.—</rs>
<rs id="t18551217-91-punishment-1" type="punishmentDescription">
<interp inst="t18551217-91-punishment-1" type="punishmentCategory" value="noPunish"/>
<interp inst="t18551217-91-punishment-1" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-91-18551217 t18551217-91-punishment-1"/>
<hi rend="italic">Judgment Respited</hi> </rs>.</p> </div1>
<div1 type="trialAccount" id="t18551217-92">
<interp inst="t18551217-92" type="uri" value="sessionsPapers/18551217"/>
<interp inst="t18551217-92" type="date" value="18551217"/>
<join result="criminalCharge" id="t18551217-92-charge-1" targOrder="Y" targets="def1-92-18551217 t18551217-92-offence-1 t18551217-92-verdict-1"/>
<persName id="def1-92-18551217" type="defendantName">
<interp inst="def1-92-18551217" type="gender" value="male"/>
<interp inst="def1-92-18551217" type="age" value="17"/>
<interp inst="def1-92-18551217" type="surname" value="DILLON"/>
<interp inst="def1-92-18551217" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN DILLON</hi> </persName>
<rs id="t18551217-92-offence-1" type="offenceDescription">
<interp inst="t18551217-92-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18551217-92-offence-1" type="offenceSubcategory" value="burglary"/>, burglariously breaking and entering the dwelling house of
<persName id="t18551217-name-15" type="victimName">
<interp inst="t18551217-name-15" type="gender" value="male"/>
<interp inst="t18551217-name-15" type="surname" value="FABER"/>
<interp inst="t18551217-name-15" type="given" value="FREDERICK WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18551217-92-offence-1 t18551217-name-15"/>Frederick William Faber</persName> and others, and stealing therein 3 boxes containing money; their property.</rs> </p>
<hi rend="smallCaps">MR. WOOLLETT</hi>
<hi rend="italic">conducted the Prosecution</hi>.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-16" type="witnessName">
<interp inst="t18551217-name-16" type="gender" value="male"/>
<interp inst="t18551217-name-16" type="surname" value="MUNSER"/>
<interp inst="t18551217-name-16" type="given" value="JOHN JOSEPH"/>JOHN JOSEPH MUNSER</persName> </hi>. I am porter at the Oratory at Brompton, which is a religious order of men. The dwelling house of the clergymen, the Rev. Mr. Faber and others, communicates with the church by a covered passage—on 3rd Dec., at 10 o'clock, I closed all the doors of the church that had been open, went out at the front door, closed and double locked it—about 4 o'clock next morning I received information, and went into the church to see if I could find anybody—I found the folding doors at the end of the church unbolted from the inside—I bolted them after me, went through the church, and found the door communicating with the house unlocked and on the jar—I went through it, fastened it after me, and went into the house to see if I could find any thief, but did not—(about twenty-four gentlemen live in the house)—I then went to the lodge where I live, and at 5 minutes after 6 o'clock in the morning, as near as I can say, I went to the church again, and missed the poor box and two offering boxes—I have seen them since, and know them.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-17" type="witnessName">
<interp inst="t18551217-name-17" type="gender" value="male"/>
<interp inst="t18551217-name-17" type="surname" value="BRYANT"/>
<interp inst="t18551217-name-17" type="given" value="CORNELIUS"/>CORNELIUS BRYANT</persName> </hi>. I am a labourer, of No. 6, Montpelier-road, Brompton. I know the prisoner by his being at work in the employment where I was—on 3rd Dec, about a quarter past 1 o'clock in the day, I saw him at the top of Hill-street, about a quarter of a mile from the Oratory—, he asked me how I was getting on—I said, "Very well," and that I did not wish to be getting on better—I asked him how he was getting on—he said, "Very badly," and that it was his intention to rob the Oratory that night at 1 o'clock—(I was then working at Lord Howard's, at Rutland Gate)—I said that he was going to do a very wrong thing—he said that he did not care—he went down Hill-street, and I immediately went to the Oratory, and gave information.</p>
<hi rend="italic">Prisoner</hi>. He has been committed for twelve months.
<hi rend="italic">Witness</hi>. I will not deny that I was in prison—it is about five years ago, for stealing, but I did not steal, it was the person who was with me—I got twelve months, and he had seven years—that is the only time I have been in prison—I am twenty-one years old.</p>
<hi rend="italic">Prisoner</hi>. What he has stated is quite wrong; he told Anderson to get the silver.
<hi rend="italic">Witness</hi>. I know that there is such a person as Anderson, but I did not tell him to get the silver—I did not speak to him about this matter—he was with the prisoner when he said that he was going to rob the Oratory—I work at the Oratory now, half a day, in the morning, and half a day at Lord Howard's—the prisoner got the place, and I got into Lord Howard's—the prisoner was not working at the Oratory when this happened—I gave information to Father Balston about half-past 1 o'clock in the afternoon.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-18" type="witnessName">
<interp inst="t18551217-name-18" type="gender" value="male"/>
<interp inst="t18551217-name-18" type="surname" value="BALSTON"/>
<interp inst="t18551217-name-18" type="given" value="FRANCIS"/>THE REV. FRANCIS BALSTON</persName> </hi>. I am one of the priests of the Oratory, and reside there. There are three boxes kept at the church, fastened against the wall—two are for the congregation to put in their offerings, and the other is the poor box—on 4th Dec. I saw some marks on the wall of the refectory, which is part of the dwelling house, and in the course of the morning I found half a button on the ground underneath the window</p>
<xptr type="pageFacsimile" doc="185512170012"/>
<p>inside, which I gave to the constable—there is a communication from the refectory to the church by going down the corridor into the narrow corridor, which leads into the church—the boxes were fastened to the wall by screws, which were not fixed very tightly in—I do not know what they contained—the last witness gave me information, but later than he says—it was about half past 3 o'clock, I think—I scarcely believed that what he said was likely to happen, but mentioned it to some of the other Fathers, and we had a man in the house to watch that night, named Nolan—he is not here—he was placed in the corridor—I gave information to Munser, the porter.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-19" type="witnessName">
<interp inst="t18551217-name-19" type="gender" value="male"/>
<interp inst="t18551217-name-19" type="surname" value="BAUGUST"/>
<interp inst="t18551217-name-19" type="given" value="GEORGE"/>GEORGE BAUGUST</persName> </hi>. I am a gardener, of No. 1, Chapel-place, near the Oratory. I occasionally work in Brompton churchyard—I went to work there on 4th Dec., at about 10 minutes past 9 o'clock; part of it is culti
<lb/>vated as a kitchen garden—I found some alms boxes there, which I thought were from the parish church, but did not touch them; I only went within four or five yards of them—I went in a state of consternation to the church, then returned, took one of them up, saw the inscription on it, and knew where it belonged to—about ten minutes afterwards I went to the Oratory, and found one of the Fathers and a constable—I took the constable to the boxes, and he took charge of them.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-20" type="witnessName">
<interp inst="t18551217-name-20" type="gender" value="male"/>
<interp inst="t18551217-name-20" type="surname" value="ROGERS"/>
<interp inst="t18551217-name-20" type="given" value="JAMES"/>JAMES ROGERS</persName> </hi> (
<hi rend="italic">policeman, B</hi> 9). From information I received on 4th Dec., I examined the Oratory, about a quarter past 9 o'clock, and found foot
<lb/>marks in Brompton churchyard, leading to the wall, dividing it from the Oratory—I went over the wall, and found footmarks in continuation that led close to a wall near the refectory window, which is about twelve feet from the ground; it was shut, but was not fastened when I saw it, and persons could easily get in—I found the prisoner at the station, in custody for another affair—this half button (
<hi rend="italic">produced</hi>) I received from Father Balston, and this other half of it I found in the prisoner's trowsers—it is a bone button, the two pieces exactly correspond and form one button—I found one of these screws (
<hi rend="italic">produced</hi>) on the wall, between the churchyard and the premises, and these other three by the side of the boxes in the churchyard—I cannot tell which of them was on the wall—Baugust pointed out these boxes to me (
<hi rend="italic">produced</hi>), and I assisted in taking them away.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-21" type="witnessName">
<interp inst="t18551217-name-21" type="gender" value="male"/>
<interp inst="t18551217-name-21" type="surname" value="HILL"/>
<interp inst="t18551217-name-21" type="given" value="HENRY"/>HENRY HILL</persName> </hi> (
<hi rend="italic">policeman, B</hi> 176). On 4th Dec., about 10 o'clock in the morning, I apprehended the prisoner at a pawnbroker's shop in Drury-lane, that is upwards of two miles from the Oratory—I told him he was charged with a robbery at the Oratory—he said that he did not know where the Oratory was—I searched him in the shop, and took 1
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>. in copper from his coat pocket—I had about two miles to take him to the station, when there I searched him, and found on him a half sovereign, six half crowns, three florins, twenty-two shillings, thirty-six sixpences, eighteen fourpenny pieces, and eleven threepenny pieces, 4
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>. altogether.</p>
<hi rend="italic">Prisoner. Q.</hi> Did not I say that I did not know anything of the charge, or of the robbery?
<hi rend="italic">A.</hi> Of the robbery; and when I asked you at Bromp
<lb/>ion if you knew where you were, you said, "No," but that you came that way once to the baths.</p>
<hi rend="smallCaps">J. J. MUNSER</hi>
<hi rend="italic">re-examined</hi>. I know these boxes by marks on them, they are the property of the Rev. Mr. Faber.</p>
<hi rend="italic">The prisoners statement before the Magistrate was here read, as follows</hi>: "I met John Anderson; he asked me where I was going; I said, 'To look for work,' and we went and met the witness Bryant; we asked how he got on; he said, 'Very well;' Anderson said he was going to get</p>
<xptr type="pageFacsimile" doc="185512170013"/>
<p>into the Oratory; Bryant said, 'If you do get in, do something that is worth taking;' he said, 'I was going to do it, I will get one or two hundred;' I said, 'It is very easy to talk to a
<hi rend="italic">chap</hi> like that,' and Bryant recommended taking the silver; Anderson said,' We should not he able to sell that;' Bryant said, 'If you cannot have it, I suppose you must have the money, and I will meet you this afternoon at half past 4 o'clock; 'I did not meet them; I saw Anderson next morning, and he showed me the money; I asked where he got it from; he said, 'The Oratory;' I said, 'I know I and Bryant shall get blamed for it,' and he gave me the money.")</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">REV. F. BALSTON</hi>.
<hi rend="italic">Q.</hi> Do you remember the prisoner being employed at the Oratory?
<hi rend="italic">A.</hi> Yes; he was not employed in the garden, but in the house—he came about the middle of Jan., and stayed till the middle of Nov.—he had work to do in the refectory at times,</p>
<hi rend="italic">Prisoner's Defence</hi>. The button was off I believe before I left the Oratory; the piece which the policeman matched has been off just upon three months; my mother can tell you that I was in at 10 o'clock on the night this was done.</p>
<hi rend="smallCaps">
<rs id="t18551217-92-verdict-1" type="verdictDescription">
<interp inst="t18551217-92-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18551217-92-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">The prisoner was farther charged with having been before convicted</hi>.)</p>
<hi rend="smallCaps">
<persName id="t18551217-name-22" type="witnessName">
<interp inst="t18551217-name-22" type="gender" value="male"/>
<interp inst="t18551217-name-22" type="surname" value="SELBY"/>
<interp inst="t18551217-name-22" type="given" value="JOSEPH"/>JOSEPH SELBY</persName> </hi> (
<hi rend="italic">policeman, F</hi> 137). I produce a certificate—(
<hi rend="italic">Read: John Dillon, convicted, at Westminster, Aug</hi>., 1853,
<hi rend="italic">of stealing a watch; Confined four months</hi>)—I was present—the prisoner is the person.</p>
<hi rend="smallCaps">GUILTY</hi>.** Aged 17.—
<hi rend="italic">
<rs id="t18551217-92-punishment-2" type="punishmentDescription">
<interp inst="t18551217-92-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18551217-92-punishment-2" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-92-18551217 t18551217-92-punishment-2"/>Confined Twelve Months</rs> </hi>.</p> </div1>
<hi rend="largeCaps">NEW COURT</hi>
<hi rend="italic">Monday, December</hi> 17
<hi rend="italic">th</hi>, 1855.</p>
<hi rend="largeCaps">PRESENT</hi>—Sir
<hi rend="smallCaps">ROBERT WALTER GARDEN</hi>, Knt., Ald.; and
<hi rend="smallCaps">RUSSELL</hi> </p>
<hi rend="smallCaps">GURNEY</hi>, Esq.</p>
<hi rend="italic">Before Russell Gurney, Esq., and the Fifth Jury</hi>.</p>
<div1 type="trialAccount" id="t18551217-93">
<interp inst="t18551217-93" type="uri" value="sessionsPapers/18551217"/>
<interp inst="t18551217-93" type="date" value="18551217"/>
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<persName id="def1-93-18551217" type="defendantName">
<interp inst="def1-93-18551217" type="gender" value="male"/>
<interp inst="def1-93-18551217" type="age" value="37"/>
<interp inst="def1-93-18551217" type="surname" value="WILD"/>
<interp inst="def1-93-18551217" type="given" value="WILLIAM BROOK"/>
<hi rend="largeCaps">WILLIAM BROOK WILD</hi> </persName>
<rs id="t18551217-93-offence-1" type="offenceDescription">
<interp inst="t18551217-93-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18551217-93-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, stealing, on
<rs id="t18551217-cd-1" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18551217-93-offence-1 t18551217-cd-1"/>20th Aug</rs>., 48 silk hand
<lb/>kerchiefe, value 6
<hi rend="italic">l</hi>.; on
<rs id="t18551217-cd-2" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18551217-93-offence-1 t18551217-cd-2"/>24th Aug</rs>., 2 scarfs, and other goods, value 4
<hi rend="italic">l</hi>.; and on
<rs id="t18551217-cd-3" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18551217-93-offence-1 t18551217-cd-3"/>3rd Oct</rs>., 15 scarfs, value 8
<hi rend="italic">l</hi>.; the goods of
<persName id="t18551217-name-24" type="victimName">
<interp inst="t18551217-name-24" type="gender" value="male"/>
<interp inst="t18551217-name-24" type="surname" value="SMITH"/>
<interp inst="t18551217-name-24" type="given" value="BERNARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18551217-93-offence-1 t18551217-name-24"/>Bernard Smith</persName> and others, his masters: to which he.</rs> </p>
<hi rend="smallCaps">
<rs id="t18551217-93-verdict-1" type="verdictDescription">
<interp inst="t18551217-93-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18551217-93-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 37.—(
<hi rend="italic">The prisoner received a good character</hi>.)—
<hi rend="italic">
<rs id="t18551217-93-punishment-3" type="punishmentDescription">
<interp inst="t18551217-93-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18551217-93-punishment-3" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-93-18551217 t18551217-93-punishment-3"/>Confined Nine Months</rs> </hi>.</p> </div1>
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<interp inst="t18551217-94" type="uri" value="sessionsPapers/18551217"/>
<interp inst="t18551217-94" type="date" value="18551217"/>
<join result="criminalCharge" id="t18551217-94-charge-1" targOrder="Y" targets="def1-94-18551217 t18551217-94-offence-1 t18551217-94-verdict-1"/>
<persName id="def1-94-18551217" type="defendantName">
<interp inst="def1-94-18551217" type="gender" value="male"/>
<interp inst="def1-94-18551217" type="age" value="22"/>
<interp inst="def1-94-18551217" type="surname" value="WHITEHORN"/>
<interp inst="def1-94-18551217" type="given" value="JOSEPH MAYNE"/>
<hi rend="largeCaps">JOSEPH MAYNE WHITEHORN</hi> </persName>
<rs id="t18551217-94-offence-1" type="offenceDescription">
<interp inst="t18551217-94-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18551217-94-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing an order for payment of 4
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>.—2nd
<hi rend="smallCaps">COUNT</hi>, stealing 3
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>.; the property of
<persName id="t18551217-name-26" type="victimName">
<interp inst="t18551217-name-26" type="gender" value="male"/>
<interp inst="t18551217-name-26" type="surname" value="BALANTINE"/>
<interp inst="t18551217-name-26" type="given" value="ARTHUR"/>
<join result="offenceVictim" targOrder="Y" targets="t18551217-94-offence-1 t18551217-name-26"/>Arthur Ba
<lb/>lantine</persName> and another.</rs> </p>
<hi rend="smallCaps">MR. PARRY</hi>
<hi rend="italic">conducted the Prosecution</hi>.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-27" type="witnessName">
<interp inst="t18551217-name-27" type="gender" value="male"/>
<interp inst="t18551217-name-27" type="surname" value="BALLANTINE"/>
<interp inst="t18551217-name-27" type="given" value="ARTHUR"/>ARTHUR BALLANTINE</persName> </hi>. I am in partnership with Mr. Reed; we are stock brokers, in Austin-friars. The prisoner was in our service—he left us about the beginning of Dec, 1854—I dismissed him, for misappropriating a cheque for 30
<hi rend="italic">s</hi>.—I did not give him into custody—about a fortnight after that, I discovered that he had misappropriated 4
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>.—I spoke to a policeman, and went to Moor-lane, and stated the case, and also to Hamp
<lb/>stead, and stated the case there, he living there at that time—I did not see him again till he was apprehended—this is the cheque—it is signed by my partner—it was brought to me by the prisoner, who asked me to mark it for cash, as Mr. Fisher had no banker—I did so, and returned it to him—it was his duty to hand it to Mr. Fisher—I have since paid Mr. Fisher that 4
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>., probably within a month—on 28th Oct., here is a sum entered</p>
<xptr type="pageFacsimile" doc="185512170014"/>
<p>of 3
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>.,. which the prisoner was to pay to Mr. Everett, and he has not paid it—I know the prisoner had it—it is in his writing—he has charged me with the payment of it, and I have had to pay it again—these two trams were discovered after I had dismissed him—I discovered his address at the Eastern Counties Railway—he had given his address there, and I instructed the police to take him on the Friday before the last Session at this Court.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> I believe the Committee were sitting at the Eastern Counties Railway?
<hi rend="italic">A.</hi> Yes—I gave instruction at Vine-street station, and to Cole—I did not give instruction to Cole to go to the Eastern Counties, and wait—I did not give instruction to Few—this entry is in the prisoner's handwriting—he was in the habit of getting sums from me to pay various accounts—this was one he would have to pay—I should say he had been with me three or four years—I do not know his age—here are my initials on this cheque—Mr. Reed is not here—I think he has been my partner three years—Mr. Waddington and Mr. Bond have been clients of mine during the whole of the time the prisoner was in my service—here is the cheque for 30
<hi rend="italic">s</hi>.—I have not charged this in the indict
<lb/>ment—I dismissed the prisoner in Dec.—I have never spoken to him about these two items—I have never seen him since I detected these two items—I have never spoken to him with regard to Everett's and Fisher's moneys—I gave information to the police immediately, to a man named Few—I gave information at Hampstead to the inspector, who was there—I do not know his name—I gave orders to apprehend him at Hampstead, and to Few—I gave orders at the Vine-street station only lately—I went there last Friday fortnight, when he was apprehended—I knew he lived at Hampstead, which was why I went there in the first instance—I never got any warrant to apprehend him—my reason for not prosecuting him before is, I have not found him—I have been determined all along to prosecute him the moment I could get him.</p>
<hi rend="italic">Q.</hi> Do you recollect sending to his father subsequently to this?
<hi rend="italic">A.</hi> I will not swear that it was not after this—his father called on me, and I had some conversation with him—I think I sent for his father, but to the best of my recollection it was on two other charges—my impression is that it was before I discovered these two items, and with reference to some others, but I will not swear it—I heard that the prisoner had been at Mason's Hall.</p>
<hi rend="italic">Q.</hi> Will you swear that you have not seen the father, and spoken to a gentleman of the name of Kemp, and asked him how he could treat a man there who had robbed you of these sums?
<hi rend="italic">A.</hi> My impression is, that I have not seen Mr. Kemp since I have heard the prisoner was at that dinner—I do not think I have—my impression is, that I heard he had been about Basinghall-street some mouths after this—I do not know that some rela
<lb/>tion of mine was presiding at that dinner—I do not know that my own father in law presided—I never heard so—I heard that the prisoner had been at some place there—we have had a great many dealings with Mr. Bond.</p>
<hi rend="italic">Q.</hi> Were those transactions closed in 1854 or 1853, by. his paying you a large sum of money?
<hi rend="italic">A.</hi> I cannot tell how it was settled—the account between us was settled—I have not since made a large demand on Mr. Bond for mining shares—there has been a question with regard to mining shares, involving about 180
<hi rend="italic">l</hi>.—those are the shares paid for by him, and by his order, put in this young man's name, put</p>
<xptr type="pageFacsimile" doc="185512170015"/>
<p>in the name of our clerk—Mr. Bond denies that he gave us authority to buy them, and to use any other person's name—I do not know that there has been constantly applications made to the prisoner for payment of calls—I should think, in the ordinary course of business, he would be called on for calls if they knew his address—when I gave information, I do not know what address I gave—probably it would be our own office—I do not know that the address was given at his own private residence—he might probably write the name out himself upon which the shares were given—it would probably not be necessarily known to me at all—I have bought no more shares in his name that I remember—I have some recollection that some years ago a Mr. Smith asked me to put some shares in his name, but what they were I quite forget—it was done for a gentleman that asked me to do it—I believe some shares were put in his name three or four years ago.</p>
<hi rend="italic">Q.</hi> I believe you give some evidence before the Eastern Counties Com
<hi rend="italic">A.</hi> gave a repetition of some statement, you cannot call it evidence—I heard Mr. Reed examined, and Mr. Whitehorn's name was mentioned—I heard that they called for me to give my evidence, and I said I was at Guildhall, prosecuting this young man—I did not know at that time that he had been summoned to give evidence before the committee—I know his name was mentioned before the committee on the same Friday that we have talked of—I inquired of the chairman the prisoner's address, and he gave it me, and I immediately put it into the hands of the police.</p>
<hi rend="italic">Q.</hi> Did you hear it stated, or did you say yourself, that this young man was very frequently in the matter between you and Mr. Waddingten?
<hi rend="italic">A.</hi> That was in Mr. Reed's evidence, I believe—I stated that what Mr. Reed said was true—I mean to swear I have not seen the prisoner since I dismissed him.</p>
<hi rend="smallCaps">MR. PARRY</hi>.
<hi rend="italic">Q.</hi> Did Mr. Bond state one set of things, and did you and your partner deny it?
<hi rend="italic">A.</hi> Yes—it is not the general practice for shares to be purchased by clients in the name of other persons—it does occur some
<lb/>times—they were bought for Mr. Bond, and by his wish put in the prisoner's name—at the time they were bought he was a client of our house—we had had transactions with him—the prisoner would not, in conse
<lb/>quence of that, have any right to appropriate to himself this 4
<hi rend="italic">l</hi>. odd and this 3
<hi rend="italic">l</hi>. odd—I dismissed him about a 30
<hi rend="italic">s</hi>. cheque—he did not then make any complaint to me about those mining shares, not a word—he did not make any allegation that these mining shares entitled him to take my property.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did he give this account in this book as moneys he professed to have expended?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-28" type="witnessName">
<interp inst="t18551217-name-28" type="gender" value="male"/>
<interp inst="t18551217-name-28" type="surname" value="FISHER"/>
<interp inst="t18551217-name-28" type="given" value="JOSEPH"/>JOSEPH FISHER</persName> </hi>. I am a stationer. Messrs. Ballantine and Reed dealt with me—they owed me an account of 4
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>.—the prisoner never paid me that sum—I have been subsequently paid by Messrs. Ballantine and Reed.</p>
<hi rend="italic">Cross-examined. Q.</hi> When was that?
<hi rend="italic">A.</hi> Last April—I have no part
<lb/>ner—I have a young man an assistant.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-29" type="witnessName">
<interp inst="t18551217-name-29" type="gender" value="male"/>
<interp inst="t18551217-name-29" type="surname" value="EVERETT"/>
<interp inst="t18551217-name-29" type="given" value="CHARLES"/>CHARLES EVERETT</persName> </hi>. I am a newspaper agent. Messrs. Ballantine and Reed owed me 3
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>. in Dec. 1864—the prisoner never paid me that—Messrs. Ballantine and Reed have paid me subsequently.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-30" type="witnessName">
<interp inst="t18551217-name-30" type="gender" value="male"/>
<interp inst="t18551217-name-30" type="surname" value="BALLANTINE"/>
<interp inst="t18551217-name-30" type="given" value="ARTHUR"/>ARTHUR BALLANTINE</persName> </hi>
<hi rend="italic">re-examined. Q</hi>. Has this cheque been returned through your bankers as paid?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">MR. FISHER</hi>
<hi rend="italic">re-examined</hi>, I never paid this cheque in—it was never</p>
<xptr type="pageFacsimile" doc="185512170016"/>
<p>in my hand—I never had any communication with the prisoner about being paid in cash.</p>
<hi rend="italic">Cross-examined. Q.</hi> Had he paid you money before?
<hi rend="italic">A.</hi> Yes, on former occasions he has paid me the accounts—I cannot remember whether he paid me by cheques—I have no bankers.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-31" type="witnessName">
<interp inst="t18551217-name-31" type="gender" value="male"/>
<interp inst="t18551217-name-31" type="surname" value="WAYS"/>
<interp inst="t18551217-name-31" type="given" value="EDWARD"/>EDWARD WAYS</persName> </hi>. I am clerk to Robarts and Co.'s. I cashed this cheque on 11th Oct.</p>
<hi rend="smallCaps">MR. ROBINSON</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">ARTHUR BALLANTINE</hi>.
<hi rend="italic">Q.</hi> You say he was dismissed on the 8th Dec in consequence of that 30
<hi rend="italic">s</hi>.?
<hi rend="italic">A.</hi> Yes, about the 8th—I know that 30
<hi rend="italic">s</hi>. was returned—I do not know that the prisoner was walk
<lb/>ing home with Mr. Reed, and that he reminded Mr. Reed of that thing, and paid it him—I know the 30
<hi rend="italic">s</hi>. was returned to the firm—Mr. Reed is not here.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-32" type="witnessName">
<interp inst="t18551217-name-32" type="gender" value="male"/>
<interp inst="t18551217-name-32" type="surname" value="COLE"/>
<interp inst="t18551217-name-32" type="given" value="CHARLES"/>CHARLES COLE</persName> </hi> (
<hi rend="italic">policeman, C</hi> 53). I took the prisoner, some papers and money were found on him—they are at Bow-lane station.</p>
<hi rend="italic">Cross-examined. Q.</hi> What was found on him?
<hi rend="italic">A.</hi> 14
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>., and a pocket book, a bunch of keys, and three or four blank papers—I did not see any letter from the Eastern Counties, requiring him to be there to give evidence—I was not at the Eastern Counties Railway—Few had to do with apprehending him, as well as myself—I have not seen Few here—I have seen the prisoner before—I cannot say how many times I had seen him, a dozen times—I might have seen him three times.</p>
<hi rend="smallCaps">MR. PARRY</hi>.
<hi rend="italic">Q.</hi> When did you receive orders to apprehend him?
<hi rend="italic">A.</hi> On Friday evening last—before that I did not know that there were orders to apprehend him.</p>
<hi rend="italic">The prisoner received a good character</hi>.)</p>
<rs id="t18551217-94-verdict-1" type="verdictDescription">
<interp inst="t18551217-94-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18551217-94-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>. Aged 22.—
<hi rend="italic">Recommended to mercy by the Jury</hi> </rs>.—
<hi rend="italic">Confined</hi> </p>
<rs id="t18551217-94-punishment-4" type="punishmentDescription">
<interp inst="t18551217-94-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18551217-94-punishment-4" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-94-18551217 t18551217-94-punishment-4"/>
<hi rend="italic">Six Months</hi> </rs>.</p> </div1>
<div1 type="trialAccount" id="t18551217-95">
<interp inst="t18551217-95" type="uri" value="sessionsPapers/18551217"/>
<interp inst="t18551217-95" type="date" value="18551217"/>
<join result="criminalCharge" id="t18551217-95-charge-1" targOrder="Y" targets="def1-95-18551217 t18551217-95-offence-1 t18551217-95-verdict-1"/>
<persName id="def1-95-18551217" type="defendantName">
<interp inst="def1-95-18551217" type="gender" value="female"/>
<interp inst="def1-95-18551217" type="age" value="21"/>
<interp inst="def1-95-18551217" type="surname" value="SHILLAM"/>
<interp inst="def1-95-18551217" type="given" value="JANE"/>
<hi rend="largeCaps">JANE SHILLAM</hi> </persName>
<rs id="t18551217-95-offence-1" type="offenceDescription">
<interp inst="t18551217-95-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18551217-95-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing 29 parasols, and other goods, value 15
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.; the goods of
<persName id="t18551217-name-34" type="victimName">
<interp inst="t18551217-name-34" type="gender" value="male"/>
<interp inst="t18551217-name-34" type="surname" value="MILLENGEN"/>
<interp inst="t18551217-name-34" type="given" value="CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t18551217-95-offence-1 t18551217-name-34"/>Charles Millengen</persName>, her master: to which she</rs> </p>
<hi rend="smallCaps">
<rs id="t18551217-95-verdict-1" type="verdictDescription">
<interp inst="t18551217-95-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18551217-95-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 21.—
<hi rend="italic">
<rs id="t18551217-95-punishment-5" type="punishmentDescription">
<interp inst="t18551217-95-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18551217-95-punishment-5" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-95-18551217 t18551217-95-punishment-5"/>Confined Three Months</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18551217-96">
<interp inst="t18551217-96" type="uri" value="sessionsPapers/18551217"/>
<interp inst="t18551217-96" type="date" value="18551217"/>
<join result="criminalCharge" id="t18551217-96-charge-1" targOrder="Y" targets="def1-96-18551217 t18551217-96-offence-1 t18551217-96-verdict-1"/>
<join result="criminalCharge" id="t18551217-96-charge-2" targOrder="Y" targets="def2-96-18551217 t18551217-96-offence-1 t18551217-96-verdict-2"/>
<persName id="def1-96-18551217" type="defendantName">
<interp inst="def1-96-18551217" type="gender" value="male"/>
<interp inst="def1-96-18551217" type="age" value="40"/>
<interp inst="def1-96-18551217" type="surname" value="WATSON"/>
<interp inst="def1-96-18551217" type="given" value="EDWARD"/>
<hi rend="largeCaps">EDWARD WATSON</hi> </persName> and
<persName id="def2-96-18551217" type="defendantName">
<interp inst="def2-96-18551217" type="gender" value="male"/>
<interp inst="def2-96-18551217" type="age" value="23"/>
<interp inst="def2-96-18551217" type="surname" value="SHEEN"/>
<interp inst="def2-96-18551217" type="given" value="EDWARD"/>
<hi rend="largeCaps">EDWARD SHEEN</hi> </persName>
<rs id="t18551217-96-offence-1" type="offenceDescription">
<interp inst="t18551217-96-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18551217-96-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, stealing 1 cash box, value 5
<hi rend="italic">s</hi>.; 3 5
<hi rend="italic">l</hi>. bank notes, and 3
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. in money; the property of
<persName id="t18551217-name-37" type="victimName">
<interp inst="t18551217-name-37" type="gender" value="male"/>
<interp inst="t18551217-name-37" type="surname" value="HIBBERT"/>
<interp inst="t18551217-name-37" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18551217-96-offence-1 t18551217-name-37"/>George Hibbert</persName> and another, in their dwelling house.</rs> </p>
<hi rend="largeCaps">WATSON</hi>
<hi rend="smallCaps">
<rs id="t18551217-96-verdict-1" type="verdictDescription">
<interp inst="t18551217-96-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18551217-96-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 40.</p>
<hi rend="largeCaps">SHEEN</hi>
<hi rend="smallCaps">
<rs id="t18551217-96-verdict-2" type="verdictDescription">
<interp inst="t18551217-96-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18551217-96-verdict-2" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 23.</p>
<hi rend="italic">
<rs id="t18551217-96-punishment-6" type="punishmentDescription">
<interp inst="t18551217-96-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18551217-96-punishment-6" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-96-18551217 t18551217-96-punishment-6"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-96-18551217 t18551217-96-punishment-6"/>Confined Twelve Months</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18551217-97">
<interp inst="t18551217-97" type="uri" value="sessionsPapers/18551217"/>
<interp inst="t18551217-97" type="date" value="18551217"/>
<join result="criminalCharge" id="t18551217-97-charge-1" targOrder="Y" targets="def1-97-18551217 t18551217-97-offence-1 t18551217-97-verdict-1"/>
<persName id="def1-97-18551217" type="defendantName">
<interp inst="def1-97-18551217" type="gender" value="male"/>
<interp inst="def1-97-18551217" type="age" value="18"/>
<interp inst="def1-97-18551217" type="surname" value="OLLARD"/>
<interp inst="def1-97-18551217" type="given" value="FREDERICK WILLIAM"/>
<hi rend="largeCaps">FREDERICK WILLIAM OLLARD</hi> </persName>
<rs id="t18551217-97-offence-1" type="offenceDescription">
<interp inst="t18551217-97-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18551217-97-offence-1" type="offenceSubcategory" value="forgery"/>, forging a warrant for pay
<lb/>ment of 68
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>.: to which he</rs> </p>
<rs id="t18551217-97-verdict-1" type="verdictDescription">
<interp inst="t18551217-97-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18551217-97-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>
<hi rend="smallCaps">PLEADED GUILTY</hi>. Aged 18.—
<hi rend="italic">Recommended to mercy by the Prosecutor</hi> </rs>.—
<hi rend="italic">
<rs id="t18551217-97-punishment-7" type="punishmentDescription">
<interp inst="t18551217-97-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18551217-97-punishment-7" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-97-18551217 t18551217-97-punishment-7"/>Confined Twelve Months</rs> </hi>.</p>
<hi rend="italic">Before Russell Gurney, Esq., and the Sixth Jury</hi>.</p> </div1>
<div1 type="trialAccount" id="t18551217-98">
<interp inst="t18551217-98" type="uri" value="sessionsPapers/18551217"/>
<interp inst="t18551217-98" type="date" value="18551217"/>
<join result="criminalCharge" id="t18551217-98-charge-1" targOrder="Y" targets="def1-98-18551217 t18551217-98-offence-1 t18551217-98-verdict-1"/>
<persName id="def1-98-18551217" type="defendantName">
<interp inst="def1-98-18551217" type="gender" value="male"/>
<interp inst="def1-98-18551217" type="surname" value="M'CARTHY"/>
<interp inst="def1-98-18551217" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES M'CARTHY</hi> </persName>
<rs id="t18551217-98-offence-1" type="offenceDescription">
<interp inst="t18551217-98-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18551217-98-offence-1" type="offenceSubcategory" value="pocketpicking"/>, stealing 1 handkerchief value 1
<hi rend="italic">s</hi>.; the goods of
<persName id="t18551217-name-40" type="victimName">
<interp inst="t18551217-name-40" type="gender" value="male"/>
<interp inst="t18551217-name-40" type="surname" value="ALLT"/>
<interp inst="t18551217-name-40" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18551217-98-offence-1 t18551217-name-40"/>Thomas Allt</persName>, from his person.</rs> </p>
<hi rend="smallCaps">
<persName id="t18551217-name-41" type="witnessName">
<interp inst="t18551217-name-41" type="gender" value="male"/>
<interp inst="t18551217-name-41" type="surname" value="DEEBLE"/>
<interp inst="t18551217-name-41" type="given" value="JOSEPH"/>JOSEPH DEEBLE</persName> </hi> (
<hi rend="italic">policeman, H</hi> 195). On the afternoon of 3rd Dec I was on duty on Tower-hill—I saw the prisoner and another in company—I saw the prisoner for a quarter of an hour—he put his hand into several gentle
<lb/>men's pockets—I saw him go to the prosecutor, put his hand in his pocket, and take this handkerchief out—I took him into custody with it.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-42" type="witnessName">
<interp inst="t18551217-name-42" type="gender" value="male"/>
<interp inst="t18551217-name-42" type="surname" value="ALLT"/>
<interp inst="t18551217-name-42" type="given" value="THOMAS"/>THOMAS ALLT</persName> </hi>. This is my handkerchief; I did not miss it till the officer spoke to me—it had been in my possession within two minutes—I had used it.</p>
<hi rend="smallCaps">
<rs id="t18551217-98-verdict-1" type="verdictDescription">
<interp inst="t18551217-98-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18551217-98-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.**—
<hi rend="italic">
<rs id="t18551217-98-punishment-8" type="punishmentDescription">
<interp inst="t18551217-98-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18551217-98-punishment-8" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-98-18551217 t18551217-98-punishment-8"/>Confined Twelve Months</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18551217-99">
<interp inst="t18551217-99" type="uri" value="sessionsPapers/18551217"/>
<interp inst="t18551217-99" type="date" value="18551217"/>
<join result="criminalCharge" id="t18551217-99-charge-1" targOrder="Y" targets="def1-99-18551217 t18551217-99-offence-1 t18551217-99-verdict-1"/>
<join result="criminalCharge" id="t18551217-99-charge-2" targOrder="Y" targets="def2-99-18551217 t18551217-99-offence-1 t18551217-99-verdict-2"/>
<xptr type="pageFacsimile" doc="185512170017"/>
<persName id="def1-99-18551217" type="defendantName">
<interp inst="def1-99-18551217" type="gender" value="male"/>
<interp inst="def1-99-18551217" type="age" value="21"/>
<interp inst="def1-99-18551217" type="surname" value="SHERMAN"/>
<interp inst="def1-99-18551217" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN SHERMAN</hi> </persName> and
<persName id="def2-99-18551217" type="defendantName">
<interp inst="def2-99-18551217" type="gender" value="male"/>
<interp inst="def2-99-18551217" type="age" value="21"/>
<interp inst="def2-99-18551217" type="surname" value="DUNMORE"/>
<interp inst="def2-99-18551217" type="given" value="RICHARD"/>
<hi rend="largeCaps">RICHARD DUNMORE</hi> </persName>
<rs id="t18551217-99-offence-1" type="offenceDescription">
<interp inst="t18551217-99-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18551217-99-offence-1" type="offenceSubcategory" value="burglary"/>, burglary in the dwelling house of
<persName id="t18551217-name-45" type="victimName">
<interp inst="t18551217-name-45" type="gender" value="male"/>
<interp inst="t18551217-name-45" type="surname" value="BOND"/>
<interp inst="t18551217-name-45" type="given" value="JOHN HENRY KEMPSTER"/>
<join result="offenceVictim" targOrder="Y" targets="t18551217-99-offence-1 t18551217-name-45"/>John Henry Kempster Bond</persName>, stealing 85 brass sheaves, and other goods, 29-40, his property.</rs> </p>
<hi rend="smallCaps">
<persName id="t18551217-name-46" type="witnessName">
<interp inst="t18551217-name-46" type="gender" value="male"/>
<interp inst="t18551217-name-46" type="surname" value="BOND"/>
<interp inst="t18551217-name-46" type="given" value="JOHN HENRY KEMPSTER"/>JOHN HENRY KEMPSTER BOND</persName> </hi>. I am a master block maker, and live in limehouse. I have a mast yard there—it is ended on one side by the river, it has a frontage of about thirty feet, which is formed by shutters which are open by day, and shut down at night—there is no other entrance to the yard, only from the street, which is secured by bolts—my dwelling house is over the yard—the yard is the ground floor of my house; I go up stairs from the ground floor—under my room there is a counting house which is approached by stairs out of the yard or ground floor—the door of the counting house was not kept locked—if a person got into the ground floor, they could get to that counting house—on Friday, 16th Nov., I went over my premises a little after 10 o'clock at night—they were all safe—we went to bed at a quarter past 11 o'clock—we heard a noise at a little after 12 o'clock, like one of the shutters falling down, and my dog made a great noise and barked—I lay and listened, and heard another noise—I got out of bed, and looked out of the window—I could not see anything—I went to bed again—I concluded that the noise I heard was at the Salt wharf adjoining—I went to sleep and heard no more about it till the morning—directly the men were let in I came down between 7 and 8 o'clock—I found the door open at the bottom of the stairs, and in the counting house the desk was broken open, and the things all strewed about—I missed the roller comb, and brass roller, and other things; a dress coat, and a pistol which I had never seen—it had been in this case—it was sent to me by the captain of a ship—the case had been locked—I found it forced open, and nothing in it.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-47" type="witnessName">
<interp inst="t18551217-name-47" type="gender" value="male"/>
<interp inst="t18551217-name-47" type="surname" value="BARLOW"/>
<interp inst="t18551217-name-47" type="given" value="GEORGE THOMAS"/>GEORGE THOMAS BARLOW</persName> </hi>. I am: apprentice to the prosecutor, and sleep there. On the morning of 17th Nov. I got up at a quarter before 7 o'clock—I came down, and found the door was broken open, at the bottom of the stairs—I gave information to my master—I went into the yard, and saw the bottom place which leads to the water had been forced open—I found about eighty-one roller corns in front of the wharf, about three yards from the premises, and a few copper nails.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-48" type="witnessName">
<interp inst="t18551217-name-48" type="gender" value="male"/>
<interp inst="t18551217-name-48" type="surname" value="ALLWOOD"/>
<interp inst="t18551217-name-48" type="given" value="THOMAS"/>THOMAS ALLWOOD</persName> </hi> (
<hi rend="italic">policeman, K</hi> 422). On the morning of 17th Nov. I was on duty about half a mile distant from the prosecutor's premises, about 10 minutes past 6 o'clock, and saw the prisoners and another man cross Salmon-lane at a very quick walk—I thought they had something wrong, and went another way and met them at the corner of Wilson-street—Sherman was carrying this bag, which was weighty—I said, "What is this you have got here?"—he said; "Go to——y"—I said, "If that is the answer you give me, you and me will go to the station, if you hare no objection"—he said to the other two, "Come here, you b——rs"—they closed on me—I fell down, and got kicked several times—I was compelled to let go my hold of Sherman's jacket—I grasped his arm as long as I could, till the hold I had broke away—they all ran away—here is the piece of his jacket that I had in my hand which tore from the jacket when he got away—I ran after them into York-square, where I lost sight of them—I returned to the bag, and found in it a quantity of brass rollers, and brass cap facings—this was on Saturday mornings—on the following Tuesday, about half past 8 o'clock, I was in company with my inspector, and Mr. Thomas, very near White Horse-gate—I saw the two prisoners passing round by the public house—I ran down by the side of the
<hi rend="italic">cabs</hi> and laid hold of Sherman</p>
<xptr type="pageFacsimile" doc="185512170018"/>
<p>—I said, "You are the man I want"—he said to Mr. Thomas, who was with me, "What is it for?"—Mr. Thomas told him he was charged with breaking into these premises—he said he knew nothing about it—Dunmore went to a ham and beef shop and was taken by Potter,
<hi rend="italic">K</hi> 212—when I took Sherman he had this jacket on, and the piece that I had fits the place exactly where it has been torn out.</p>
<hi rend="italic">Sherman</hi>. I was paid off at Liverpool; I never saw this man.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-49" type="witnessName">
<interp inst="t18551217-name-49" type="gender" value="female"/>
<interp inst="t18551217-name-49" type="surname" value="BOYALL"/>
<interp inst="t18551217-name-49" type="given" value="MARY"/>MARY BOYALL</persName> </hi>. I am the wife of Charles Boyall—Dunmore lodged in our house, and was there and in bed, and Sherman was on the bed, at 12 o'clock at noon on Saturday, 17th Nov.—I went into their room that after
<lb/>noon—I heard Dunmore's wife ask Sherman how much money he had got—he said 15
<hi rend="italic">s</hi>., and a new pair of boots—I never heard Dunmore speak.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-50" type="witnessName">
<interp inst="t18551217-name-50" type="gender" value="female"/>
<interp inst="t18551217-name-50" type="surname" value="BOYALL"/>
<interp inst="t18551217-name-50" type="given" value="ESTHER"/>ESTHER BOYALL</persName> </hi>. I am the mother of the last witness—Dunmore lodged in our house. On Friday, 16th Nov., he took the key of my door in the afternoon, and went out—he returned the next morning between 10 and 11 o'clock—I said to him, "Mr. Smith," which is the name he went by at my house, "your wife is not at home"—he said, "Then she is out"—on that Saturday afternoon his wife called my daughter in.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-51" type="witnessName">
<interp inst="t18551217-name-51" type="gender" value="male"/>
<interp inst="t18551217-name-51" type="surname" value="THOMAS"/>
<interp inst="t18551217-name-51" type="given" value="RALPH"/>RALPH THOMAS</persName> </hi> (
<hi rend="italic">Thames police inspector</hi>). I took Sherman—I found on him a pocket knife, which I have compared with the marks on the door leading to the prosecutor's private apartments—the marks of it are on the door, near the latch—the door appears to have been partly opened with this knife, and another instrument has been used to break the bolts off.</p>
<hi rend="italic">Sherman</hi>. He took this knife from me, and took my pocket book, and my character where I was discharged from a ship.</p>
<hi rend="italic">Witness</hi>. This is his character he was discharged on 12th Oct., with a good character.</p>
<hi rend="italic">Dunmore's Defence</hi>. I know nothing about it; I was in bed, at home, and asleep.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-52" type="witnessName">
<interp inst="t18551217-name-52" type="gender" value="male"/>
<interp inst="t18551217-name-52" type="surname" value="BOND"/>
<interp inst="t18551217-name-52" type="given" value="JOHN"/>JOHN BOND</persName> </hi>
<hi rend="italic">re-examined</hi>. These articles in the bag are my property.</p>
<hi rend="largeCaps">SHERMAN</hi>
<hi rend="smallCaps">
<rs id="t18551217-99-verdict-1" type="verdictDescription">
<interp inst="t18551217-99-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18551217-99-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>, † Aged 21.</p>
<hi rend="largeCaps">DUNMORE</hi>
<hi rend="smallCaps">
<rs id="t18551217-99-verdict-2" type="verdictDescription">
<interp inst="t18551217-99-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18551217-99-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>, † Aged 21.</p>
<hi rend="italic">
<rs id="t18551217-99-punishment-9" type="punishmentDescription">
<interp inst="t18551217-99-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18551217-99-punishment-9" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-99-18551217 t18551217-99-punishment-9"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-99-18551217 t18551217-99-punishment-9"/>Confined Twelve Months</rs> </hi>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>
<hi rend="italic">Tuesday, December</hi> 18
<hi rend="italic">th</hi>, 1855.</p>
<hi rend="largeCaps">PRESENT</hi>—Sir
<hi rend="smallCaps">CHAPMAN MARSHALL</hi>, Knt., Ald; Mr.
<hi rend="smallCaps">RECORDER</hi>; and Mr. Ald.
<hi rend="smallCaps">CARTER</hi>.</p>
<hi rend="italic">Before Mr. Recorder and the Third Jury</hi>.</p>
<div1 type="trialAccount" id="t18551217-100">
<interp inst="t18551217-100" type="uri" value="sessionsPapers/18551217"/>
<interp inst="t18551217-100" type="date" value="18551217"/>
<join result="criminalCharge" id="t18551217-100-charge-1" targOrder="Y" targets="def1-100-18551217 t18551217-100-offence-1 t18551217-100-verdict-1"/>
<persName id="def1-100-18551217" type="defendantName">
<interp inst="def1-100-18551217" type="gender" value="male"/>
<interp inst="def1-100-18551217" type="age" value="45"/>
<interp inst="def1-100-18551217" type="surname" value="CLEAVE"/>
<interp inst="def1-100-18551217" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM CLEAVE</hi> </persName>
<rs id="t18551217-100-offence-1" type="offenceDescription">
<interp inst="t18551217-100-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18551217-100-offence-1" type="offenceSubcategory" value="embezzlement"/>, embezzling 4
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. the moneys of
<persName id="t18551217-name-54" type="victimName">
<interp inst="t18551217-name-54" type="gender" value="male"/>
<interp inst="t18551217-name-54" type="surname" value="IBBETT"/>
<interp inst="t18551217-name-54" type="given" value="ROBERT GREAVES"/>
<join result="offenceVictim" targOrder="Y" targets="t18551217-100-offence-1 t18551217-name-54"/>Robert Greaves Ibbett</persName>, his master: to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18551217-100-verdict-1" type="verdictDescription">
<interp inst="t18551217-100-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18551217-100-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 45.—
<hi rend="italic">
<rs id="t18551217-100-punishment-10" type="punishmentDescription">
<interp inst="t18551217-100-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18551217-100-punishment-10" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-100-18551217 t18551217-100-punishment-10"/>Confined Four Months</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18551217-101">
<interp inst="t18551217-101" type="uri" value="sessionsPapers/18551217"/>
<interp inst="t18551217-101" type="date" value="18551217"/>
<join result="criminalCharge" id="t18551217-101-charge-1" targOrder="Y" targets="def1-101-18551217 t18551217-101-offence-1 t18551217-101-verdict-1"/>
<persName id="def1-101-18551217" type="defendantName">
<interp inst="def1-101-18551217" type="gender" value="male"/>
<interp inst="def1-101-18551217" type="age" value="27"/>
<interp inst="def1-101-18551217" type="surname" value="MARSHALL"/>
<interp inst="def1-101-18551217" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES MARSHALL</hi> </persName>
<rs id="t18551217-101-offence-1" type="offenceDescription">
<interp inst="t18551217-101-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18551217-101-offence-1" type="offenceSubcategory" value="bigamy"/>, feloniously marrying
<persName id="t18551217-name-56" type="victimName">
<interp inst="t18551217-name-56" type="gender" value="female"/>
<interp inst="t18551217-name-56" type="surname" value="HOGG"/>
<interp inst="t18551217-name-56" type="given" value="ELLEN"/>
<join result="offenceVictim" targOrder="Y" targets="t18551217-101-offence-1 t18551217-name-56"/>Ellen Hogg</persName>, his wife
<persName id="t18551217-name-57" type="victimName">
<interp inst="t18551217-name-57" type="gender" value="female"/>
<interp inst="t18551217-name-57" type="surname" value="MARSHALL"/>
<interp inst="t18551217-name-57" type="given" value="ANN SOPHIA ELIZABETH"/>
<join result="offenceVictim" targOrder="Y" targets="t18551217-101-offence-1 t18551217-name-57"/>Ann Sophia Elizabeth</persName>, being alive: to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18551217-101-verdict-1" type="verdictDescription">
<interp inst="t18551217-101-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18551217-101-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 27.—
<hi rend="italic">
<rs id="t18551217-101-punishment-11" type="punishmentDescription">
<interp inst="t18551217-101-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18551217-101-punishment-11" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-101-18551217 t18551217-101-punishment-11"/>Confined Twelve Months</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18551217-102">
<interp inst="t18551217-102" type="uri" value="sessionsPapers/18551217"/>
<interp inst="t18551217-102" type="date" value="18551217"/>
<join result="criminalCharge" id="t18551217-102-charge-1" targOrder="Y" targets="def1-102-18551217 t18551217-102-offence-1 t18551217-102-verdict-1"/>
<join result="criminalCharge" id="t18551217-102-charge-2" targOrder="Y" targets="def2-102-18551217 t18551217-102-offence-1 t18551217-102-verdict-1"/>
<persName id="def1-102-18551217" type="defendantName">
<interp inst="def1-102-18551217" type="gender" value="male"/>
<interp inst="def1-102-18551217" type="surname" value="SHERVILL"/>
<interp inst="def1-102-18551217" type="given" value="SAMUEL"/>
<hi rend="largeCaps">SAMUEL SHERVILL</hi> </persName> and
<persName id="def2-102-18551217" type="defendantName">
<interp inst="def2-102-18551217" type="gender" value="male"/>
<interp inst="def2-102-18551217" type="surname" value="GROVES"/>
<interp inst="def2-102-18551217" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES GROVES</hi> </persName> were indicted
<rs id="t18551217-102-offence-1" type="offenceDescription">
<interp inst="t18551217-102-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18551217-102-offence-1" type="offenceSubcategory" value="pervertingJustice"/>(together with
<persName id="t18551217-name-60">
<interp inst="t18551217-name-60" type="gender" value="male"/>
<interp inst="t18551217-name-60" type="surname" value="NEWSHAM"/>
<interp inst="t18551217-name-60" type="given" value="MICHAEL JAMES"/>Michael James Newsham</persName>, who was not in custody) for unlawfully conspiring to give false evidence, with intent to deceive, and to prevent the due course of justice.</rs> </p>
<xptr type="pageFacsimile" doc="185512170019"/>
<hi rend="smallCaps">MESSRS. BALLANTINE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">POLAND</hi>
<hi rend="italic">conducted the Prosecution</hi>.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-61" type="witnessName">
<interp inst="t18551217-name-61" type="gender" value="male"/>
<interp inst="t18551217-name-61" type="surname" value="ALLEN"/>
<interp inst="t18551217-name-61" type="given" value="CHARLES"/>CHARLES ALLEN</persName> </hi>. I am deputy clerk of the peace for Westminster. Oh Thursday, 13th Sept. last, I was at the adjourned Sessions for Middlesex, holden at Westminster—Mr. Bodkin presided on that occasion—a person, named William Lee was tried—I produce a certificate of the conviction, and also the original indictment found by the Grand Jury—(
<hi rend="italic">the indictment was for stealing a pocket book</hi>, 1152.,
<hi rend="italic">and a cheque for</hi> 122. 1
<hi rend="italic">s</hi>.,
<hi rend="italic">of William Horwell, from his person; and the certificate staled the conviction of the said William Lee, upon his own confession of the said offence, and thai he was sen
<lb/>tenced to six years penal servitude</hi>) when Lee was arraigned he, in the first instance, pleaded not guilty; that plea was afterwards withdrawn, and he pleaded guilty—here is an entry in the indictment, which means not guilty, and
<hi rend="italic">retracts</hi>, for retracts and confesses—while that plea of guilty was upon the record, an application was made by counsel on Lee's behalf, that certain property found on his person should be given up to one of his rela
<lb/>tives—as an inducement, I presume, to the Court to give that request a favourable consideration, Mr. Parry, who was his counsel, stated that he was in a position to show that Lee had borne an irreproachable character, and that this was his first offence—the Judge said that as the prisoner had pleaded guilty, of course he could not entertain the application of giving up any portion of property—then for the purpose of enabling the Judge to inquire into the circumstances, the prisoner was directed to withdraw his plea of guilty, and the plea then remained as it originally stood—it was expressly understood that that was only for the purpose of enabling the Court to inquire into the merits of the case as to whether the property was any portion of the robbery—witnesses to character were then called and examined—the first witness was Michael James Newsham—he was sworn and examined—Samuel Shervill was then called, sworn, and examined—he stated that he had known Lee for about seven years, that he had known him at No. 10, Lucas-street, Commercial-road; that he had had repeated transactions with him, business transactions—when asked what Lee was, he said that he was a general dealer, and that he (Shervill) was a silk and shawl dresser, living at New Inn-yard, Shoreditch.</p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Are you giving this evidence from recollection?
<hi rend="italic">A.</hi> Certainly, so far—I made no entry of it—I have looked at Mr. Bodkin's notes since, and have spoken to him about it—so far as I have gone, I speak from my own recollection.</p>
<hi rend="smallCaps">MR. POLAND</hi>.
<hi rend="italic">Q.</hi> What other evidence did Shervill give?
<hi rend="italic">A.</hi> He was reminded by the Judge that he had given a different address, as that of the prisoner Lee, to that which Newsham had given, and he then stated that he had also known him at No. 3, Lee-street, Dalston—he said that Lee had always borne, during the time he had known him, an irreproachable character, and that he had dressed shawls and silks for Lee—he was examined by Mr. Bodkin as to the extent of his knowledge and his acquaintance with him—Groves was next called—he was also sworn and examined—they were examined in each other's hearing—I am not quite sure about that—they were examined one after the other—he stated that he himself was a tailor, living at Forest-road, Dalston, and that he had known Lee some years, and had had business transactions with him, and that he was a general dealer—I believe he stated that he lived at No. 3, Lee-street, Dalston—I am not quite satisfied as to which of the two addresses he himself gave—he stated that he had known him either at No. 10, Lucas-street, Commercial road, or at No. 3, Lee-street, Dalston,</p>
<xptr type="pageFacsimile" doc="185512170020"/>
<p>but which of the two I am not sure—I am almost satisfied that he said No. 3, Lee-street, Dalston, and that he had known him there for the last two or three years—Shervill was then recalled, and asked the question at which place he had known him last, and he confirmed the evidence of Groves—I am sure he mentioned the same place that Groves had stated—I am perfectly satisfied of that, and I believe it was Lee-street—Groves also gave Lee an exemplary character—we have no short hand writer to our Court—there are reporters attending, but no official short hand writer—I remember the evidence that Newsham gave—(
<hi rend="smallCaps">MR. POLAND</hi>
<hi rend="italic">proposed to give in evidence what Newsham had stated</hi>;
<hi rend="smallCaps">MR. SLEIGH</hi>
<hi rend="italic">objected, and the</hi>
<hi rend="smallCaps">RECORDER</hi>
<hi rend="italic">was of opinion it could not be received, there being no connection shown between the parties</hi>)—after this evidence the sentence upon Lee was postponed until the following Saturday, the 15th—in the meantime in
<lb/>quiries were made by an officer of the Courts—on the Saturday the prisoner was sentenced to six years penal servitude—I was then directed to make inquiries—I went to Lee-street, Dalston, Kingsland-road—I could only find one street of that name—I made inquiries of the tax collectors and the different parish authorities—I made ail the inquiries I could—I also went to No. 10, Lucas-street, Commercial-road—I did not find more than one Lucas-street—I called there about 23rd Sept.—I saw Mrs. Sanderson at No. 10, Lucas-street—from the communication I had with her, I took her to Groves in Forest-road, Dalston; the address given by him—we saw him there—I told him that I had been directed by the Court of Quarter Sessions to make inquiries into the truth of the evidence given by him, and I asked him if he was one of the persons who had called on Mrs. Sander
<lb/>son, at No. 10, Lucas-street—he said he was not—Mrs. Sanderson was with me and in his view when he said that—we went into his shop or parlour—we were all three in the same room—I told him that the inquiries that had been made showed that the addresses given by him and the other witnesses, as the address of Lee, were not correct—by him, Shervill, and Newsham—I mentioned Newsham's name—I asked him what he had known of Lee—he said that all he knew of Lee was, that he had made clothes for him—when I told him that the addresses given were not correct, he made some general remark of his having spoken the truth as far as he knew—I cannot recollect in the least the words he said, but he certainly made some remark that the evidence he had given was truthful evidence as far as he knew—when he stated that he had made clothes for him, I said, "Well, then, of course you knew where he lived, for you must have sent them home"—he said, "No, I don't know where he lived, for he always took them away with him"—I reminded him that he had given a positive address at all events, and he made no reply to that—I asked him if he knew Shervill and Newsham, the other two witnesses—he said, "No," but that after the trial was over he accompanied Shervill and Newsham to the Crystal Palace—I told him that further inquiries would be made into the matter—that is all that I recollect his saying—I accompanied the officers to Shervili's the same day, but I did not see him that day—I made several applications at his house, but did not see him till some fortnight afterwards—that was at the same place—when I saw him, I did not recog
<lb/>nise him—I said that I wanted to see Samuel Shervill—he said, "I am he," or "That is my name"—I said, "Then are you the Samuel Shervill that gave evidence on behalf of William Lee?" and he admitted to me that he was the man, and we had some conversation about it afterwards, so S of course I have no hesitation in recognising him now—I do not know how</p>
<xptr type="pageFacsimile" doc="185512170021"/>
<p>far my being positive of the fact now, has any bias upon my recollection—there is no alteration in him, only the day I taw him his hair looked exceedingly grey—I do not think there had been any effort made to change his appearance, I thought so at the time—he having told, me that he was the person that gave evidence on 13th Sept., I stated that the inquiries that had been made, had proved that the evidence he had given was not true—he stated that the evidence he had given wag true—I told him that 1 had been instructed to take proceedings against him—I had previously obtained a warrant for his apprehension, and had an officer with me—there was a large quantity of silk on the loom, and he requested that he might be allowed to put that in proper order before, he was taken away, that it might not be spoiled—I think it was silk being dyed, not on the, loom, but on the dresser—while he was removing it, we talked about his knowledge of Lee—he stated that it was very hard that a man's liberty should be invaded in that way when he had only spoken the truth, and he told me that he had had business with Lee seven years previously, and no doubt his books would show his name, that he knew nothing move of him but that Lee's sister had called on him some few days before the trial, and asked him to give him-a character—I said, "If you have not seen him for the last seven years, they might have found some person that might have given better evidence as to character"—he did not give any direct answer to that—he said he had seen him but once, and that was seven years ago—what I took down was this, be only had business with him once, and that was seven years ago, and no doubt Lee's name would appear on his books—he was then taken into custody.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Was, this trial of Lee's at the commencement of the Session?
<hi rend="italic">A.</hi> No—I am perfectly satisfied of that, because the prisoner's attorney made several applications to me to expedite the case—I think there had been several trials before it—there is frequently a good deal of confusion in Court—this was on the first day of the Sessions—it is my duty to call over the Juries and arraign the prisoners, send I have a good deal of minutiae to attend to—I do not take a note of what occurs in Court—I took none on this occasion, except to enter the please in the Court book—I do not know whether the Court was full on this occasion—I do not know that there was more confusion than ordinary—Mr. Serjeant Adams is the assistant Judge—Mr. Bodkin was presiding for him on this occasion—I believe Mr. Witham was in the other Court, but I am not sure—Mr. Bodkin's deputation is here—after Lee had been sentenced, I was instructed to make inquiries, and to report to the Court the result—there are policemen attached to the Court—there are always policeman in attendance, and an inspector—I do not consider that I was acting here as a policeman—I acted as the solicitor for the Court, not as the Clerk of the Peace—I warned each of these persons beforehand of the nature of the inquiry I was making—neither of them had an attor
<lb/>ney present—I told each of them that proceedings were or had been taken in consequence of what they had done, so they were perfectly on their guard—I said so to Sherrill; notwithstanding which, he admitted that he was the person that had done it—I did not consult Mr. Bodkin's notes for the purpose of refreshing my memory—I went to speak to Mr. Bodkin on the subject, to obtain his advice as to whether there was any necessity for calling him to prove the facts of the case—he was not acting as. counsel for the prosecution in any way, but he directed me to make inquiry; and report to him the result, and I did so—he then wished to look at his notes, to see how far my report was consistent or inconsistent</p>
<xptr type="pageFacsimile" doc="185512170022"/>
<p>with them, and I brought him his notes, and he perused them in my heating and presence—he read them over—it was only upon one point that my recollection required any refreshing, and that was, at which of the two resi
<lb/>dences Grove said he had known Lee—when this matter first commended I was attending to other business—Sherrill stated that he had known him in Lee-street last—that is my impression—my recollection is, that he said he had known him originally in Lucas-street, and ultimately in Lee-street—I can only pledge my oath to my recollection—it is possible that he might have said he knew him first in Lee-street, but my recollection leads me the other way—he did not say that Lee came to him to dress silks for him—he said he had dressed silks for him—he was examined by the Court as to these facts—something was said about Lee's sister.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Did you go to Grove's house on one or two occasions?
<hi rend="italic">A.</hi> Only once, and on that occasion I took Mrs. Sanderson there in a
<hi rend="italic">cab</hi>—I left her in the
<hi rend="italic">cab</hi> at first—the place where I went to, to see Grove, was at the address which he had given at the Court—when I asked him whether he was the person that had given Lee a character, I believe he at once said he was—when I told him I had been ordered to institute inquiries as to the truth of that evidence, he said that the evidence he had given was the truth, so far as he knew—the result of what he said was, that all he knew of Lee was that he had made clothes for him, and that Lee had always taken those clothes away with him—I do not remem
<lb/>ber his saying anything about some person having called upon him, and asked him to give Lee a character—I did not say to Groves that I had heard that an application had been made to the Home Secretary to commute Lee's sentence—I have no doubt that Groves did say, "I went to give him a character, because I had been requested by some person who called upon me"—I do not think I brought in Mrs. Sanderson after this conversation—my object at first was to recognize Groves—the moment I recognized him, I returned to the
<hi rend="italic">cab</hi>, and got Mrs. Sanderson to see whether she recognized him, so that whatever was said was in her presence—I do not recollect asking him whether he was the person that had given the character, because I recollected him instantly—Mrs. Sanderson said she did not think he was one of the two men that had come to her house—I said to her, "Have you ever seen this man before?" and she said, "I don't think I have."</p>
<hi rend="smallCaps">
<persName id="t18551217-name-62" type="witnessName">
<interp inst="t18551217-name-62" type="gender" value="male"/>
<interp inst="t18551217-name-62" type="surname" value="BODKIN"/>
<interp inst="t18551217-name-62" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY BODKIN</persName> </hi>, Esq. I was acting as Judge at the Clerken-well Sessions at Westminster for Mr. Serjeant Adams when a person named Lee was tried (
<hi rend="italic">looking at the notes</hi>)—some witnesses were examined as to Lee's character; the first of whom gave his name as Michael James New sham, the second was Samuel Sherrill—I do not recollect the face of the man—I took a short note of his evidence, which enables me to give the substance of his testimony—he stated that he was a jeweler, and knew the prisoner at New Orleans; he had described himself as living at New Inn-yard, Shore ditch, and was a silk dresser and dyer; that he had known the pri
<lb/>soner six or seven years; that he, the prisoner, had been in the habit of bringing shawls from the dyer's in the way of his business, and lived at No. 3, Lee-street, Kingsland-road, and that he also knew him living at Lucas-street, No. 10, he thought, and that he was a man of good character—when he said that he knew him living in Lee-street: Lucas-street having been previously spoken of, I asked him if he knew him in Lucas-street, and he said, "Yes," he thought he knew him at No. 10.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did he know that the other witnesses had said it?
<hi rend="italic">A.</hi> I think they were all in Court.</p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Was Groves called?
<hi rend="italic">A.</hi> Yes, he described him
<xptr type="pageFacsimile" doc="185512170023"/>
<p>as a tailor, living at No. 18, Forest-road, Dalton—he said that he had known the prisoner for a long time, and always knew him to bear an honest character, and that he supplied him with clothes in the way of his trade—I put the same question to him probably with the same object, about Lucas-street, and he said that he had never been to Lucas-street.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did he give any address?
<hi rend="italic">A.</hi> I have had no note of any address, and I have no recollection one way or other, but I think if he had said any other address than I had entered before, I should have entered it.</p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> You do not assert one way or the other?
<hi rend="italic">A.</hi> No—I directed inquiries to be made, and on a report being made, I directed that the matter should be laid before the Magistrates, that they might exercise their own discretion.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Do you remember whether Sher
<lb/>vill said that he had worked for this man as a silk drawer at the time he was living in Lee-street?
<hi rend="italic">A.</hi> I think he was speaking of his then residence—there is nothing that enables me to say one way or other, but it was upon that that I asked him about Lucas-street; the other witnesses having spoken of his having lived there—my impression is, that he was asked about living in Lucas-street some time before, and drawing silk for him in Lucas-street, but I will not pledge myself—I think he said that Lee-street was his present residence, and on my pressing him he said so—I do not think I did call his attention to the other witnesses having stated it, but I knew what the other witnesses had stated—I do not think there was more con
<lb/>fusion than usual—I took the whole notes at the time the witnesses were speaking, I did not fill them up afterwards—the sentence was subsequently written, of course, I think it was on the Saturday afterwards when we had the report from the officer.</p>
<hi rend="italic">Gross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> When Groves said that he had sup
<lb/>plied this man with clothes, and had never been to Lucas-street, did not he add, "All I know of him is as a customer?"
<hi rend="italic">A.</hi> I am not sure that he did not, bow you mention it—he professed hit knowledge to be founded upon his supplying him with clothes.</p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> You take witnesses to character very shortly?
<hi rend="italic">A.</hi> Yes, beyond what the notes bring to my mind, I do not recollect accu
<lb/>rately all that passed—Mr. Allen was sitting as the officer in Court—I am not even now able to pledge myself as to what the observation exactly was—inquiry was made, and in consequence of that the sentence was passed.</p>
<hi rend="smallCaps">MR. METCALFE</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">MR. ALLEN</hi>.
<hi rend="italic">Q.</hi> Did you find that Sherrill had been living at New Inn-yard for any time?
<hi rend="italic">A.</hi> Yes, for some years, carrying on a respectable business.</p>
<hi rend="italic">The</hi>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">considered that it rather appeared from the evidence, that the defendant did not give the address in Lucas-street; upon which</hi>
<hi rend="smallCaps">MR. BAL
<hi rend="italic">withdrew from the prosecution</hi>.)</p>
<hi rend="smallCaps">
<rs id="t18551217-102-verdict-1" type="verdictDescription">
<interp inst="t18551217-102-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18551217-102-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18551217-103">
<interp inst="t18551217-103" type="uri" value="sessionsPapers/18551217"/>
<interp inst="t18551217-103" type="date" value="18551217"/>
<join result="criminalCharge" id="t18551217-103-charge-1" targOrder="Y" targets="def1-103-18551217 t18551217-103-offence-1 t18551217-103-verdict-1"/>
<persName id="def1-103-18551217" type="defendantName">
<interp inst="def1-103-18551217" type="gender" value="male"/>
<interp inst="def1-103-18551217" type="surname" value="GROVES"/>
<interp inst="def1-103-18551217" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES GROVES</hi> </persName> was
<hi rend="italic">again</hi> indicted
<rs id="t18551217-103-offence-1" type="offenceDescription">
<interp inst="t18551217-103-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18551217-103-offence-1" type="offenceSubcategory" value="perjury"/> for wilful and corrupt perjury.</rs> </p>
<hi rend="smallCaps">MR. BALLANTINE</hi>
<hi rend="italic">conducted the Prosecution</hi>.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-64" type="witnessName">
<interp inst="t18551217-name-64" type="gender" value="male"/>
<interp inst="t18551217-name-64" type="surname" value="ALLEN"/>
<interp inst="t18551217-name-64" type="given" value="CHARLES"/>CHARLES ALLEN</persName> </hi>. (
<hi rend="italic">The evidence of this witness in the former case was read over to him, to which he assented</hi>.)</p>
<hi rend="smallCaps">
<persName id="t18551217-name-65" type="witnessName">
<interp inst="t18551217-name-65" type="gender" value="female"/>
<interp inst="t18551217-name-65" type="surname" value="SANDERSON"/>
<interp inst="t18551217-name-65" type="given" value="MARY"/>MART SANDERSON</persName> </hi>. I live at No. 10, Lucas-street, Commercial-road, and have lived there ten years; my husband is a painter. No person named William Lee has lodged at our house, nor do I know any such person—the prisoner, to the best of my belief, is one of two gentlemen who called upon me, but I would not swear to it positively.</p>
<xptr type="pageFacsimile" doc="185512170024"/>
<hi rend="smallCaps">MR. BALANCHINE</hi>
<hi rend="italic">here stated, that as the proof was not so strong as he thought the Jury would act upon, he, would withdraw from the prosecution</hi>.)</p>
<hi rend="smallCaps">
<rs id="t18551217-103-verdict-1" type="verdictDescription">
<interp inst="t18551217-103-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18551217-103-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18551217-104">
<interp inst="t18551217-104" type="uri" value="sessionsPapers/18551217"/>
<interp inst="t18551217-104" type="date" value="18551217"/>
<join result="criminalCharge" id="t18551217-104-charge-1" targOrder="Y" targets="def1-104-18551217 t18551217-104-offence-1 t18551217-104-verdict-1"/>
<persName id="def1-104-18551217" type="defendantName">
<interp inst="def1-104-18551217" type="gender" value="male"/>
<interp inst="def1-104-18551217" type="surname" value="SHERVILL"/>
<interp inst="def1-104-18551217" type="given" value="SAMUEL"/>
<hi rend="largeCaps">SAMUEL SHERVILL</hi> </persName> was
<hi rend="italic">again</hi> indicted
<rs id="t18551217-104-offence-1" type="offenceDescription">
<interp inst="t18551217-104-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18551217-104-offence-1" type="offenceSubcategory" value="perjury"/> for a like offence. (</rs>
<hi rend="italic">No evidence was offered</hi>.)</p>
<hi rend="smallCaps">
<rs id="t18551217-104-verdict-1" type="verdictDescription">
<interp inst="t18551217-104-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18551217-104-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18551217-105">
<interp inst="t18551217-105" type="uri" value="sessionsPapers/18551217"/>
<interp inst="t18551217-105" type="date" value="18551217"/>
<join result="criminalCharge" id="t18551217-105-charge-1" targOrder="Y" targets="def1-105-18551217 t18551217-105-offence-1 t18551217-105-verdict-1"/>
<persName id="def1-105-18551217" type="defendantName">
<interp inst="def1-105-18551217" type="gender" value="male"/>
<interp inst="def1-105-18551217" type="age" value="17"/>
<interp inst="def1-105-18551217" type="surname" value="BENNETT"/>
<interp inst="def1-105-18551217" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS BENNETT</hi> </persName>
<rs id="t18551217-105-offence-1" type="offenceDescription">
<interp inst="t18551217-105-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18551217-105-offence-1" type="offenceSubcategory" value="wounding"/>, feloniously stabbing and wounding
<persName id="t18551217-name-68" type="victimName">
<interp inst="t18551217-name-68" type="gender" value="male"/>
<interp inst="t18551217-name-68" type="surname" value="WELCH"/>
<interp inst="t18551217-name-68" type="given" value="PATRICK"/>
<join result="offenceVictim" targOrder="Y" targets="t18551217-105-offence-1 t18551217-name-68"/>Pa
<lb/>trick Welch</persName>, with intent to maim and disable him.</rs> </p>
<hi rend="smallCaps">
<persName id="t18551217-name-69" type="witnessName">
<interp inst="t18551217-name-69" type="gender" value="male"/>
<interp inst="t18551217-name-69" type="surname" value="MAHONEY"/>
<interp inst="t18551217-name-69" type="given" value="JOHN"/>JOHN MAHONEY</persName> </hi>. I am a laborer, and live at West Drayton. On Sa
<lb/>turday evening, 1st Dec., I was with the prisoner, walking along the road from my lodging at Drayton—we met Patrick Welch—we are all Irishmen—Welch came across and asked Bennett what was he laying to his charge—Bennett said he was not saying anything at all to him, he was only excusing himself—Welch said that he had been saying that he had slept with a. girl, and he had no right to say such a thing—I knew what girl he meant—Welch said that Bennett was no
<hi rend="italic">stake</hi> for him, or he would give him a good thrashing—I told Welch to leave him alone—they had a few words, and then Welch struck him, and
<hi rend="italic">felled</hi> him—it was dark—they were going on for a little bit, and I put out my hand to separate them, and got my hand out—I did not see the knife—on being wounded, I ran home to my lodging—it was Welch that began the
<hi rend="italic">row</hi>.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-70" type="witnessName">
<interp inst="t18551217-name-70" type="gender" value="male"/>
<interp inst="t18551217-name-70" type="surname" value="WELCH"/>
<interp inst="t18551217-name-70" type="given" value="PATRICK"/>PATRICK WELCH</persName> </hi>. I am a laborer, at West Drayton. I met Mahoney and Bennett on this Saturday night—I said to Bennett, "What is it that you have been laying to my charge?"—be said, "Nothing"—I said "Yes, You have, you are only a boy or else I would have it out of you"—he said, "Perhaps it would not thrive with you"—meaning, perhaps, I should come off the worst, and I did—I Said, "You are the first that ever called me a blackguard"—he said, "Well, d—n it, did not you sleep with a girl then?"—I took up my hand and struck him, and then Mahoney made in to catch hold of Bennett, and directly he did so, away he ran as fast as he could—I did not know what was the matter with him—he was scarcely gone a minute when I found that I was bleeding in the belly, and the blood was running down my trousers and shirt—I said, "I think you have got a knife, because I am cut somewhere all through"—I caught hold of him firmly, and kept his arm from working as well as I could, and took him across the road, to Mahoney's lodging, and while I was kicking at the door for some one to come to my assistance, he kept working away again, and out me in two or three places in the head, the left arm, and the back—I did not see or feel the knife, but I found afterwards that I was cut—I took him into the house, and said to Kyle, the landlord. "Take this fellow"—I went up
<lb/>stairs with a candle, and examined myself, and found I was wounded, and directly went to a doctor.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-71" type="witnessName">
<interp inst="t18551217-name-71" type="gender" value="male"/>
<interp inst="t18551217-name-71" type="surname" value="KYLE"/>
<interp inst="t18551217-name-71" type="given" value="JOHN"/>JOHN KYLE</persName> </hi>. I remember Patrick Welch coming into my house with Bennett, between 6 and 7 o'clock, I think—Welch said that the
<hi rend="italic">chap</hi> had struck him with a knife—I examined him, found his shirt full of blood, and a cut on his belly—I went for a doctor.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-72" type="witnessName">
<interp inst="t18551217-name-72" type="gender" value="male"/>
<interp inst="t18551217-name-72" type="surname" value="PYM"/>
<interp inst="t18551217-name-72" type="given" value="JOHN"/>JOHN PYM</persName> </hi>. I am a grocer, of West Drayton—On Saturday night, 1st Dec, about 7 o'clock, Bennett came and said that he wanted to buy a cap—I said, "You seem in a hurry, my lad?"—he said, "Yes, I do, I have been in a
<hi rend="italic">row</hi> down in this village"—I said, "I see you have been in a
<hi rend="italic">row</hi>, you will have a black eye"—he chose a cap and put it on; as he was going out my wife said, "I would not go near it any more, my man"—he said,</p>
<xptr type="pageFacsimile" doc="185512170025"/>
<p>"No, I will not, I have wounded two or three of them"—I asked him who it was, be said that one was
<hi rend="italic">Patsey</hi> Welch.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-73" type="witnessName">
<interp inst="t18551217-name-73" type="gender" value="male"/>
<interp inst="t18551217-name-73" type="surname" value="HILLER"/>
<interp inst="t18551217-name-73" type="given" value="HENRY"/>HENRY HILLER</persName> </hi>. I am a surgeon, of West Dray ton. Welch was brought to my surgery on 1st Dec., and I found a scalp wound behind Ms left ear another on his back, on the left side of the spine, a deep wound, and one on the left side of the abdomen, producing the rupture of an artery, but which I believe had not entered the abdomen; they were all bleeding, the latter one excessively, which was the most dangerous, from external and internal hemorrhage—I attended him till the day before yesterday—I think a pen knife would produce the wounds—he was in danger from the hemorrhage.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-74" type="witnessName">
<interp inst="t18551217-name-74" type="gender" value="male"/>
<interp inst="t18551217-name-74" type="surname" value="BRAND"/>
<interp inst="t18551217-name-74" type="given" value="THOMAS"/>THOMAS BRAND</persName> </hi> (
<hi rend="italic">policeman</hi>). I was sent for on this sight, but could not find the prisoner—I found him next morning at a fresh lodging which he had gone to, and told him he was charged with stabbing Patrick Welch—he said that he should not have done it if he had not struck him first—I told him I wanted his knife, he said that he had lost it in the
<hi rend="italic">row</hi>—as I took him down the village, he pointed out the place where the
<hi rend="italic">row</hi> began, and said that he was eating some victuals with a knife at the time he met Welch; that he knew he cut Mahoney, for he sow his hand afterwards, and that he was not aware he had cut Welch.</p>
<hi rend="italic">Prisoner</hi>. I did not state anything about the knife.
<hi rend="italic">Witness</hi>. I am quite certain that you did—I searched you directly I took you, but found no knife—it Was half past 7 o'clock in the morning when you were brought to me, and I got oat of bed—you appeared to come voluntarily, the other one told you that it would be best for you.</p>
<hi rend="italic">Prisoner's Deface</hi>. He collared me by the handkerchief, and eat me in the neck and on my eye.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-75" type="witnessName">
<interp inst="t18551217-name-75" type="gender" value="male"/>
<interp inst="t18551217-name-75" type="surname" value="WELCH"/>
<interp inst="t18551217-name-75" type="given" value="PATRICK"/>PATRICK WELCH</persName> </hi>
<hi rend="italic">re-examined</hi>. I did not seize him by the throat, or handkerchief; if I had I could have killed him—I only caught him in my arms.</p>
<rs id="t18551217-105-verdict-1" type="verdictDescription">
<interp inst="t18551217-105-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18551217-105-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of unlawfully wounding</hi> </rs>. Aged 17.—
<hi rend="italic">
<rs id="t18551217-105-punishment-12" type="punishmentDescription">
<interp inst="t18551217-105-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18551217-105-punishment-12" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-105-18551217 t18551217-105-punishment-12"/>Confined Four Months</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18551217-106">
<interp inst="t18551217-106" type="uri" value="sessionsPapers/18551217"/>
<interp inst="t18551217-106" type="date" value="18551217"/>
<join result="criminalCharge" id="t18551217-106-charge-1" targOrder="Y" targets="def1-106-18551217 t18551217-106-offence-1 t18551217-106-verdict-1"/>
<join result="criminalCharge" id="t18551217-106-charge-2" targOrder="Y" targets="def2-106-18551217 t18551217-106-offence-1 t18551217-106-verdict-2"/>
<persName id="def1-106-18551217" type="defendantName">
<interp inst="def1-106-18551217" type="gender" value="male"/>
<interp inst="def1-106-18551217" type="age" value="21"/>
<interp inst="def1-106-18551217" type="surname" value="CHAPMAN"/>
<interp inst="def1-106-18551217" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS CHAPMAN</hi> </persName> and
<persName id="def2-106-18551217" type="defendantName">
<interp inst="def2-106-18551217" type="gender" value="male"/>
<interp inst="def2-106-18551217" type="age" value="10"/>
<interp inst="def2-106-18551217" type="surname" value="THOMPSON"/>
<interp inst="def2-106-18551217" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN THOMPSON</hi> </persName>
<rs id="t18551217-106-offence-1" type="offenceDescription">
<interp inst="t18551217-106-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18551217-106-offence-1" type="offenceSubcategory" value="robbery"/>, feloniously assaulting
<persName id="t18551217-name-78" type="victimName">
<interp inst="t18551217-name-78" type="gender" value="female"/>
<interp inst="t18551217-name-78" type="surname" value="PAINTER"/>
<interp inst="t18551217-name-78" type="given" value="MARTHA"/>
<join result="offenceVictim" targOrder="Y" targets="t18551217-106-offence-1 t18551217-name-78"/>Martha</persName>, the wife of
<persName id="t18551217-name-79">
<interp inst="t18551217-name-79" type="gender" value="male"/>
<interp inst="t18551217-name-79" type="surname" value="PAINTER"/>
<interp inst="t18551217-name-79" type="given" value="JOHN"/>John Painter</persName>, with intent to rob her.</rs> </p>
<hi rend="smallCaps">MR. CARMEN</hi>
<hi rend="italic">conducted the Prosecution</hi>.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-80" type="witnessName">
<interp inst="t18551217-name-80" type="gender" value="female"/>
<interp inst="t18551217-name-80" type="surname" value="PAINTER"/>
<interp inst="t18551217-name-80" type="given" value="MARTHA"/>MARTHA PAINTER</persName> </hi>. I am the wife of John Painter, a soldier, of No. 12; Grey coat-street, Westminster On 21st Nov., about half past 8 o'clock, I and Catherine Clarkson were going down Victoria-street, Westminster, and I observed the prisoners behind us—I am sure of them—my friend said that she had no money—I said that I had half a sovereign, which I would change and lend her some—I put it into my mouth from my hand as I was putting my gloves on, and I heard one of the prisoners, the little one, say, "Give her the foot," and directly the big one ran his head into her breast, and she fell—I do not know whether he did anything with his foot—he knocked me on the side of the head and knocked me down, and the little one kicked me on the hip when I was down—I screamed "Police!" and "Murder!"—they felt my pockets, but I had nothing there but a key, and 1
<hi rend="italic">d</hi>—I have been lame ever since, but cannot tell whether from the fell or the blow.</p>
<hi rend="italic">Crops-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Where were you coming from?
<hi rend="italic">A.</hi> From my home; we were going to meet our husbands—we had come up Strut ton-ground, and were half way down Victoria-street—I had been washing for my children—my friend lives at No. 10, Co burg-road, West
<lb/>mister, not far from me—she had not been at my house, I met her in the street and we made up our minds to go and meet our husbands—we went</p>
<xptr type="pageFacsimile" doc="185512170026"/>
<p>into no public house—I had had nothing to drink but my tea—I had had nothing but two half pints of porter that day—I do not drink spirits, and was never in liquor in my life—neither of the prisoners tried to put his arm round the neck of either of us, nor did either of us try to slap the face of either of them—the head was not put there with a view to kiss one of us, nor did we tumble down because we had been drinking—I was screaming, "Mur
<lb/>der!" and "Police!" with the money in my mouth, and will do it now to satisfy you if you will give me half a sovereign—I would not tell an untruth.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Had you known either of the prisoners before?
<hi rend="italic">A.</hi> No—I saw them next at the Court house—they felt for my pockets to see if I had got any money, but did not put their hands in—I am quite sure they were not taking liberties with ma.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-81" type="witnessName">
<interp inst="t18551217-name-81" type="gender" value="female"/>
<interp inst="t18551217-name-81" type="surname" value="CLARKSON"/>
<interp inst="t18551217-name-81" type="given" value="CATHERINE"/>CATHERINE CLARKSON</persName> </hi>. I am the wife of John Clarkson, of No. 10, Co burg-road, Westminster. I was with Mrs. Painter, going along Victoria-street—she asked me if I had any money—I said, "No"—she said that she would let me have what I required, as far as a shilling or two, and said, as loud as the rest, that she had a half sovereign in her mouth—J thanked her, but did not take the money—I said, "Do not change it, because when I get home I shall get some"—I observed some people behind us, and the big man bent his head, hit me on the breast, and knocked me down—I could not get any breath for several minutes, and then saw Mrs. Painter lying in the road, screaming "Police!" and "Murder!"—I was knocked down first, I saw the men run away—the prisoners are the men—I had not seen them before, but am sure of them both.</p>
<hi rend="italic">Cross-examined. Q.</hi> Where did you come from, just before?
<hi rend="italic">A.</hi> From my home, straight along Strut ton-ground and the Broadway, then into Victoria-street, and towards the Abbey—I met Mrs. Painter in the street, just by the brewery, before we got into the road—I had been washing, and Lad nothing but tea to keep up my spirits, I cannot afford anything else—I was knocked down by his making a rush at me with bias head, he was not trying to kiss me, they never spoke to us—neither of us tried to slap the face of either of the prisoners.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Do you think Mrs. Painter said that she had got the half sovereign in her mouth loud enough for them to hear?
<hi rend="italic">A.</hi> They were close enough to hear it—they knocked me down and tore my shawl, but did not take it away.</p>
<hi rend="smallCaps">MR. COOPER</hi>
<hi rend="italic">Q.</hi> They made no offer to kiss you or your companion?
<hi rend="italic">A.</hi> No—my shawl was not pulled off altogether, the pins kept it on.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-82" type="witnessName">
<interp inst="t18551217-name-82" type="gender" value="male"/>
<interp inst="t18551217-name-82" type="surname" value="HUDSON"/>
<interp inst="t18551217-name-82" type="given" value="JOHN"/>JOHN HUDSON</persName> </hi> (
<hi rend="italic">policeman, B</hi> 80). I heard a female scream "Murder!" and "Police!" and within twenty yards of the place saw Chapman running five or six yards in front of Thompson—Thompson said, "Run,
<hi rend="italic">Jack</hi>"—I was in plain clothes, but was well known to Thompson for years—I laid hold of Chapman by the collar, but through the force of his running he broke away from me and went down Pie-street where I took him, and Thompson tried to rescue him—assistance came up, and they were both secured—I got assaulted and kicked about the legs—after I had taken the charge at the station I saw Mrs. Painter take half a sovereign from her mouth, which she showed to me.</p>
<hi rend="italic">Cross-examined. Q.</hi> Were the prisoners sober?
<hi rend="italic">A.</hi> They had been drinking but were not drunk—the women were perfectly sober.</p>
<hi rend="italic">The prisoner's statements before the Magistrate were here read as follows</hi>: Chapman says, "I had no idea of doing such a thing, she was coming one way and we were going the other; I never touched her, she fell down from!</p>
<xptr type="pageFacsimile" doc="185512170027"/>
<p>pushing up against me" Thompson says, "I never kicked the woman, or touched her; she went to hit this young fellow, and fell in the road; we were going home."</p>
<hi rend="largeCaps">CHAPMAN</hi>
<hi rend="smallCaps">
<rs id="t18551217-106-verdict-1" type="verdictDescription">
<interp inst="t18551217-106-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18551217-106-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 21.</p>
<hi rend="largeCaps">THOMPSON</hi>
<hi rend="smallCaps">
<rs id="t18551217-106-verdict-2" type="verdictDescription">
<interp inst="t18551217-106-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18551217-106-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.* Aged 10.</p>
<hi rend="italic">
<rs id="t18551217-106-punishment-13" type="punishmentDescription">
<interp inst="t18551217-106-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18551217-106-punishment-13" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-106-18551217 t18551217-106-punishment-13"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-106-18551217 t18551217-106-punishment-13"/>Confined Nine Months</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18551217-107">
<interp inst="t18551217-107" type="uri" value="sessionsPapers/18551217"/>
<interp inst="t18551217-107" type="date" value="18551217"/>
<join result="criminalCharge" id="t18551217-107-charge-1" targOrder="Y" targets="def1-107-18551217 t18551217-107-offence-1 t18551217-107-verdict-1"/>
<persName id="def1-107-18551217" type="defendantName">
<interp inst="def1-107-18551217" type="gender" value="female"/>
<interp inst="def1-107-18551217" type="surname" value="SULLIVAN"/>
<interp inst="def1-107-18551217" type="given" value="MARY ANN"/>
<hi rend="largeCaps">MARY ANN SULLIVAN</hi> </persName>
<rs id="t18551217-107-offence-1" type="offenceDescription">
<interp inst="t18551217-107-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18551217-107-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, stealing 26 yards of silk, value 6
<hi rend="italic">s</hi>., the goods of
<persName id="t18551217-name-84" type="victimName">
<interp inst="t18551217-name-84" type="gender" value="male"/>
<interp inst="t18551217-name-84" type="surname" value="NICHOLSON"/>
<interp inst="t18551217-name-84" type="given" value="CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t18551217-107-offence-1 t18551217-name-84"/>Charles Nicholson</persName> and another, in their dwelling house.</rs> </p>
<hi rend="smallCaps">MR. PAYNE</hi>
<hi rend="italic">conducted the Prosecution</hi>.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-85" type="witnessName">
<interp inst="t18551217-name-85" type="gender" value="male"/>
<interp inst="t18551217-name-85" type="surname" value="TATES"/>
<interp inst="t18551217-name-85" type="given" value="LIONEL"/>LIONEL TATES</persName> </hi>. I am assistant to Mr. Charles Nicholson and another, of Nos. 61 and 62, St. Paul's-churchyard—they deal in silk—there is an entrance to the shop at Nos. 58 and 59, Paternoster-row. On The afternoon, of 7th Dec., the prisoner came in a little after 3 o'clock, at the Paternoster-row entrance, for some calico which she had paid a deposit on a few days before—she received the parcel, paid me 3
<hi rend="italic">s</hi>. or 4
<hi rend="italic">s</hi>. for it, and went away—in about a quarter of an hour she returned and wished to match the calico that she had just had—she looked at some and purchased a remnant, and also some lining, and paid 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.,—she said she would look at some alpaca, a piece was shown to her—she said that she had got a friend outside who was rather shabbily dressed, but would the young man who was serving her mind her coming in—he said, "Certainly not"—the prisoner went out, and we then missed a silk dress length, value five guineas and a half, which had been lying on a table—the prisoner returned in about half an hour, and came in at the Paternoster-row entrance—I then went behind a stand and watched her, without being seen, by looking between some ready made dresses—she was looking at a dress, and I saw her take up two dress lengths and place them tinder her shawl—I then "walked down to the bottom of the shop and told the young man to get a constable—I then asked her to look at some shawls, to detain her, but she would not, and I saw her drop these silks on her lap and then they fell under the table—I picked them up and gave her. in charge.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Was she sitting down at the time she dropped them?
<hi rend="italic">A.</hi> Yes—while the young man was making out the bill for the alpaca, she took them—while he was gone for the bill, she got up, looked at a dress which was lying there, and took it to the light, and with her hand placed the dress lengths under her shawl, and sat down again—I went to her, said that I saw her drop them, and gave her in charge.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> How loose was she there?
<hi rend="italic">A.</hi> Seven or eight minutes from the time she came in the third time—she had been sitting there two or three minutes when she dropped the dresses—it is very large shop, and has a large crystal front—young men do not stand outside to show goods to customers—if there is a lady looking, we may invite her in, but we do not pay a young man for the purpose—there are sixteen or eighteen young men—we generally show the silks at the Paternoster-row end, because there is more light—the tally trade has not been carried on during the seven months I have been there—the young man had to go about ten yards for the bill head—he is not here—he had got back before the dresses were dropped—I am shop walker—my attention was to her, and not to him—he might have been coming back at the time she was seating herself—she paid the bill before she was taken into custody.</p>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> How long after you missed the first dress was it that the prisoner came again?
<hi rend="italic">A.</hi> About a quarter of an hour—I distinctly saw</p>
<xptr type="pageFacsimile" doc="185512170028"/>
<p>her take them, and put them tinder her shawl—they were folded up like these (
<hi rend="italic">produced</hi>)—these two pieces make twenty-six yards.</p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> Did you miss a dress directly after she left the shop?
<hi rend="italic">A.</hi> Yes, hut these two dresses were not taken off the premises—I picked these up, and said to her, "These are the dresses you have had underneath your shawl"—she said that she never had them under her shawl.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-86" type="witnessName">
<interp inst="t18551217-name-86" type="gender" value="male"/>
<interp inst="t18551217-name-86" type="surname" value="EDWARDS"/>
<interp inst="t18551217-name-86" type="given" value="GEORGE"/>GEORGE EDWARDS</persName> </hi> (
<hi rend="italic">City policeman</hi>, 343). I took the prisoner to the station, and found 3
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>. on her—she said at the shop that she had never been there before, and at the station that she had been there once—I asked her address, and she told me she slept the night before in Shore ditch work-house—I went there, and saw the list, but there was no such name there—she said that she had no home, and, that her husband and children were living at Liverpool.</p>
<hi rend="italic">The prisoner received a good character</hi>.)</p>
<hi rend="smallCaps">
<rs id="t18551217-107-verdict-1" type="verdictDescription">
<interp inst="t18551217-107-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18551217-107-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18551217-108">
<interp inst="t18551217-108" type="uri" value="sessionsPapers/18551217"/>
<interp inst="t18551217-108" type="date" value="18551217"/>
<join result="criminalCharge" id="t18551217-108-charge-1" targOrder="Y" targets="def1-108-18551217 t18551217-108-offence-1 t18551217-108-verdict-1"/>
<persName id="def1-108-18551217" type="defendantName">
<interp inst="def1-108-18551217" type="gender" value="male"/>
<interp inst="def1-108-18551217" type="age" value="24"/>
<interp inst="def1-108-18551217" type="surname" value="EVANS"/>
<interp inst="def1-108-18551217" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN EVANS</hi> </persName>
<rs id="t18551217-108-offence-1" type="offenceDescription">
<interp inst="t18551217-108-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18551217-108-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, stealing 25 yards of cloth, value 5
<hi rend="italic">l</hi>.; the goods of
<persName id="t18551217-name-88" type="victimName">
<interp inst="t18551217-name-88" type="gender" value="male"/>
<interp inst="t18551217-name-88" type="surname" value="KIRBY"/>
<interp inst="t18551217-name-88" type="given" value="THOMAS FREESTON"/>
<join result="offenceVictim" targOrder="Y" targets="t18551217-108-offence-1 t18551217-name-88"/>Thomas Freeston Kirby</persName>, in his dwelling house.</rs> </p>
<hi rend="smallCaps">MR. LILLET</hi>
<hi rend="italic">conducted the Prosecution</hi>.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-89" type="witnessName">
<interp inst="t18551217-name-89" type="gender" value="male"/>
<interp inst="t18551217-name-89" type="surname" value="HAYCOCK"/>
<interp inst="t18551217-name-89" type="given" value="HENRY"/>HENRY HAYCOCK</persName> </hi> (
<hi rend="italic">City policeman</hi>, 168). On 7th Dec., about a quarter to 8 o'clock in the morning, I was in Wells-street, Cripple gate, and saw the prisoner and another—when they saw me, they turned round, and went back again, and the prisoner took this parcel (
<hi rend="italic">produced</hi>) from the other one, went back into another street, and ran a little way—I went round, and met them both together in Red cross-square—as soon as the prisoner saw me, he threw the bundle at my feet, and ran away—I overtook him in Noble-street, took him to the station, searched him, and found on him 4
<hi rend="italic">s</hi>. 9 1/2
<hi rend="italic">d</hi>., and a penknife—he gave his address, No. 7, Little Saffron-hill, but I could not find that he lived there—the other got away—I have opened the parcel—it contains nine pieces of woolen cloth.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> How did you get that parcel?
<hi rend="italic">A.</hi> It was picked up and given to me by a man who lives at the Gentleman and Porter public house, close to where it was thrown down—he is not here—he gave it to me about five minutes afterwards, about a yard and a half from the place—I saw him on Saturday morning—I could not hear of the prisoner at No. 7, Little Saffron-hill—I inquired for John Evans—there were two or three parties living there.</p>
<hi rend="smallCaps">MR. LILLEY</hi>.
<hi rend="italic">Q.</hi> Can you say, from what you saw of tie parcel, that this is it?
<hi rend="italic">A.</hi> Yes—this silk handkerchief (
<hi rend="italic">produced</hi>) was tied round it when it was thrown down—I have no doubt of its being the same parcel—it was about 300 or 400 yards from the prosecutor's shop that I first met them.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-90" type="witnessName">
<interp inst="t18551217-name-90" type="gender" value="male"/>
<interp inst="t18551217-name-90" type="surname" value="KIRBY"/>
<interp inst="t18551217-name-90" type="given" value="THOMAS FREESTONE"/>THOMAS FREESTONE KIRBY</persName> </hi>. I am a tailor, of No. 30, Alders gate-street. This cloth belongs to me—here is my private mark on them, in my own writing, and I cut a piece off this one on Thursday—they measure about twenty-eight yards, and are worth 5
<hi rend="italic">l</hi>.—I did not miss them till the policeman brought them—they were at the end of the counter furthest from the door about 6 o'clock on the evening before—my apprentice opens my shop about half past 7 o'clock in the morning—I was up about 9 o'clock—my son and the apprentice were the only persons in the shop.</p>
<hi rend="smallCaps">
<rs id="t18551217-108-verdict-1" type="verdictDescription">
<interp inst="t18551217-108-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18551217-108-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.** Aged 24.—
<hi rend="italic">
<rs id="t18551217-108-punishment-14" type="punishmentDescription">
<interp inst="t18551217-108-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18551217-108-punishment-14" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-108-18551217 t18551217-108-punishment-14"/>Five Years Penal Servitude</rs> </hi>.</p> </div1>
<xptr type="pageFacsimile" doc="185512170029"/>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, December</hi> 18
<hi rend="italic">th</hi>, 1855.</p>
<hi rend="largeCaps">PRESENT</hi>—Sir
<hi rend="smallCaps">GEORGE CARROLL</hi>, Knt., Ald.; Sir
<hi rend="smallCaps">WILLIAM MUGGKRIDGE</hi>, Knt., Ald; and
<hi rend="smallCaps">RUSSELL GURNEY</hi>, Esq.</p>
<hi rend="italic">Before Russell Gurney, Esq., and the Seventh Jury</hi>.</p>
<div1 type="trialAccount" id="t18551217-109">
<interp inst="t18551217-109" type="uri" value="sessionsPapers/18551217"/>
<interp inst="t18551217-109" type="date" value="18551217"/>
<join result="criminalCharge" id="t18551217-109-charge-1" targOrder="Y" targets="def1-109-18551217 t18551217-109-offence-1 t18551217-109-verdict-1"/>
<persName id="def1-109-18551217" type="defendantName">
<interp inst="def1-109-18551217" type="gender" value="male"/>
<interp inst="def1-109-18551217" type="age" value="22"/>
<interp inst="def1-109-18551217" type="surname" value="GREEN"/>
<interp inst="def1-109-18551217" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN GREEN</hi>,
<hi rend="italic">alias
<rs id="t18551217-alias-1" type="alias">
<join result="nameAlias" targOrder="Y" targets="def1-109-18551217 t18551217-alias-1"/> William Turner</rs> </hi> </persName>
<rs id="t18551217-109-offence-1" type="offenceDescription">
<interp inst="t18551217-109-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18551217-109-offence-1" type="offenceSubcategory" value="coiningOffences"/>, feloniously uttering counter
<lb/>feit coin.</rs> </p>
<hi rend="smallCaps">MESSRS. ELLIS</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">W. J. PAYNE</hi>
<hi rend="italic">conducted the Prosecution</hi>.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-92" type="witnessName">
<interp inst="t18551217-name-92" type="gender" value="male"/>
<interp inst="t18551217-name-92" type="surname" value="THORNE"/>
<interp inst="t18551217-name-92" type="given" value="JAMES"/>JAMES THORNE</persName> </hi> (
<hi rend="italic">police sergeant, T</hi> 48). I produce a certificate of the prisoner's former conviction—(
<hi rend="italic">Read: "Central Criminal Court, Oct</hi>., 1854,
<hi rend="italic">John Green, Convicted of uttering counterfeit coin</hi>.—
<hi rend="italic">Confined one year"</hi>)—I was present—the prisoner is the person who was then tried.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-93" type="witnessName">
<interp inst="t18551217-name-93" type="gender" value="female"/>
<interp inst="t18551217-name-93" type="surname" value="CLARK"/>
<interp inst="t18551217-name-93" type="given" value="ANN"/>ANN CLARK</persName> </hi>. I keep a coffee house, on Snow-hill On 24th Nov. the prisoner came, between 7 and 8 o'clock in the evening, for a cap of tea, an egg, and a slice of bread and butter; it came to 3 1/2
<hi rend="italic">d</hi>.—I served him—he gave me a 5
<hi rend="italic">s</hi>. piece—I examined it, and gave it to William Woods, and asked him about it—he went to the prisoner, and told him it was bad—the prisoner said he was not aware of it—he wanted it back again, but he did not give it him—I have not had it since.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-94" type="witnessName">
<interp inst="t18551217-name-94" type="gender" value="male"/>
<interp inst="t18551217-name-94" type="surname" value="WOODS"/>
<interp inst="t18551217-name-94" type="given" value="WILLIAM"/>WILLIAM WOODS</persName> </hi>. I was present on 24th Nov.—I saw the prisoner come in, and call for a cup of tea, an egg, and 'a slice of bread and butter; he offered in payment a counterfeit crown—Mrs. Clark took it to the till, and sounded it on a slab, and called me to look at it—I looked at it, and marked it—I told the prisoner it was bad—he said he was not aware it was bad, but if 1 would give it him back, he would take it back again—I declined that—he paid for what he had, and was allowed to go out—I gave the crown to the police sergeant, who took the prisoner about five minutes after.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-95" type="witnessName">
<interp inst="t18551217-name-95" type="gender" value="male"/>
<interp inst="t18551217-name-95" type="surname" value="M'MATH"/>
<interp inst="t18551217-name-95" type="given" value="WILLIAM"/>WILLIAM M'MATH</persName> </hi> (
<hi rend="italic">City policeman</hi>, 77). I took the prisoner on 24th Nov.—I received this crown from the last witness—the prisoner was taken before the Magistrate on 3rd Dec., and was discharged; he gave the name of John Jackson—he refused to give his address.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-96" type="witnessName">
<interp inst="t18551217-name-96" type="gender" value="male"/>
<interp inst="t18551217-name-96" type="surname" value="SPEARS"/>
<interp inst="t18551217-name-96" type="given" value="ROBERT"/>ROBERT SPEARS</persName> </hi>. I keep the George tap, in Alderman bury. On 4th Dec. the prisoner came there, about 5 o'clock; he asked for half a put of porter and a
<hi rend="italic">screw</hi>—it came to 2
<hi rend="italic">d</hi>.—he gave me a shilling with a wreath round it—I put it on the copper side of the till first, as it had such a blue look—I then applied it to the test, and it would not touch it—I then bit the Queen by the nose—I put it with some other shillings, but not one wreath shilling amongst them—the next day I went to buy some potatoes, I offered that shilling, and the man did not lie it—I took it back, and allowed it to my wife—this is it—next day, Wednesday, the 5th, the prisoner came again, to my great surprise—he had a half pint of beer, and gave me another shilling with a wreath—I gave that shilling to my wife; she bent it, and said it was rank bad—the prisoner said he did not know it was bad—I said, "You are pretty bold to make a second attempt, but I have got you this time"—I went to the door and kept him, and sent for a policeman—I gave both the shillings to the policeman—these are them.</p>
<hi rend="italic">Prisoner</hi>. I was not in your house the night before.
<hi rend="italic">Witness</hi>. I am positive you were.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-97" type="witnessName">
<interp inst="t18551217-name-97" type="gender" value="male"/>
<interp inst="t18551217-name-97" type="surname" value="EVANS"/>
<interp inst="t18551217-name-97" type="given" value="SAMUEL"/>SAMUEL EVANS</persName> </hi> (
<hi rend="italic">City policeman</hi>). I took the prisoner, and received these two shillings from the last witness—I found nothing on the prisoner.</p>
<xptr type="pageFacsimile" doc="185512170030"/>
<hi rend="smallCaps">
<persName id="t18551217-name-98" type="witnessName">
<interp inst="t18551217-name-98" type="gender" value="male"/>
<interp inst="t18551217-name-98" type="surname" value="WEBSTER"/>
<interp inst="t18551217-name-98" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. I am inspector of coin to the Royal Mint These shillings are Lad, and this 5
<hi rend="italic">s</hi>. piece is bad also.</p>
<hi rend="smallCaps">
<rs id="t18551217-109-verdict-1" type="verdictDescription">
<interp inst="t18551217-109-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18551217-109-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 22.—
<hi rend="italic">
<rs id="t18551217-109-punishment-15" type="punishmentDescription">
<interp inst="t18551217-109-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18551217-109-punishment-15" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-109-18551217 t18551217-109-punishment-15"/>Four Years Penal Servitude</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18551217-110">
<interp inst="t18551217-110" type="uri" value="sessionsPapers/18551217"/>
<interp inst="t18551217-110" type="date" value="18551217"/>
<join result="criminalCharge" id="t18551217-110-charge-1" targOrder="Y" targets="def1-110-18551217 t18551217-110-offence-1 t18551217-110-verdict-1"/>
<persName id="def1-110-18551217" type="defendantName">
<interp inst="def1-110-18551217" type="gender" value="female"/>
<interp inst="def1-110-18551217" type="surname" value="SULLIVAN"/>
<interp inst="def1-110-18551217" type="given" value="ANN"/>
<hi rend="largeCaps">ANN SULLIVAN</hi> </persName>
<rs id="t18551217-110-offence-1" type="offenceDescription">
<interp inst="t18551217-110-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18551217-110-offence-1" type="offenceSubcategory" value="coiningOffences"/>, unlawfully uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MESSRS. ELLIS</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">BODKIN</hi>
<hi rend="italic">conducted the Prosecution</hi>.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-100" type="witnessName">
<interp inst="t18551217-name-100" type="gender" value="male"/>
<interp inst="t18551217-name-100" type="surname" value="KAUFFMAN"/>
<interp inst="t18551217-name-100" type="given" value="PHILIP"/>PHILIP KAUFFMAN</persName> </hi>. I am shop man to Mr. Jacobs, a fritterer, in Covent-garden market. On 1st Dec. I was selling some things myself—the prisoner came about half past 6 o'clock in the morning; she asked the price of a bushel of apples—I said, "3
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>"—she gave me a 2
<hi rend="italic">s</hi>. piece, a 6
<hi rend="italic">d</hi>., and 6
<hi rend="italic">d</hi>. worth of halfpence—I found the 2
<hi rend="italic">s</hi>. piece was bad—I told her of it—she gave me good money—I did not return the 2
<hi rend="italic">s</hi>. piece to. her, she went away without it—I kept it, and gave it to the beadle.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. DOYLE</hi>.
<hi rend="italic">Q.</hi> Do you know that the prisoner hawks fruit?
<hi rend="italic">A.</hi> Yes—I hare seen her in the market, she is a dealer—the six
<lb/>pence and halfpence were good.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-101" type="witnessName">
<interp inst="t18551217-name-101" type="gender" value="male"/>
<interp inst="t18551217-name-101" type="surname" value="ALDERMAN"/>
<interp inst="t18551217-name-101" type="given" value="BARNABAS"/>BARNABAS ALDERMAN</persName> </hi>. I am a beadle of Covent-garden market I received the 2
<hi rend="italic">s</hi>. piece from the last witness.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-102" type="witnessName">
<interp inst="t18551217-name-102" type="gender" value="male"/>
<interp inst="t18551217-name-102" type="surname" value="LEVY"/>
<interp inst="t18551217-name-102" type="given" value="THOMAS"/>THOMAS LEVY</persName> </hi>. I am shop man to Mr. Thwarts, of Covent-garden. On 8th Dec., I saw the prisoner, between 12 and 1 o'clock; she asked the price of oranges—I said, "3
<hi rend="italic">s</hi>. a hundred"—she said, "Let me hare half a quarter"—they came to 4 1/2
<hi rend="italic">d</hi>.—she gave me a bad half crown—I discovered it in a minute—I said to her, "Have you got any more money?"—she said,."No"—sent for the beadle, and marked the half crown, and gave it to him.</p>
<hi rend="italic">Cross-examined. Q.</hi> Have you seen the prisoner before?
<hi rend="italic">A.</hi> Yes; she would have things made up for her, and then
<hi rend="italic">chuck</hi> them back if they did not suit her—I know she is a dealer in fruit.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-103" type="witnessName">
<interp inst="t18551217-name-103" type="gender" value="male"/>
<interp inst="t18551217-name-103" type="surname" value="GOULD"/>
<interp inst="t18551217-name-103" type="given" value="WILLIAM"/>WILLIAM GOULD</persName> </hi>. I am a beadle of the market I took the prisoner on 8th Dec.—I got from the last witness this half crown—I asked the prisoner if she had got any more money—she said, "Yes, a good sovereign"—she undid it from the corner of her handkerchief, and gave it to me.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-104" type="witnessName">
<interp inst="t18551217-name-104" type="gender" value="male"/>
<interp inst="t18551217-name-104" type="surname" value="WEBSTER"/>
<interp inst="t18551217-name-104" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This half crown and 2
<hi rend="italic">s</hi>. piece are both bad.</p>
<hi rend="italic">The prisoner received a good character</hi>.)</p>
<hi rend="smallCaps">
<rs id="t18551217-110-verdict-1" type="verdictDescription">
<interp inst="t18551217-110-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18551217-110-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18551217-111">
<interp inst="t18551217-111" type="uri" value="sessionsPapers/18551217"/>
<interp inst="t18551217-111" type="date" value="18551217"/>
<join result="criminalCharge" id="t18551217-111-charge-1" targOrder="Y" targets="def1-111-18551217 t18551217-111-offence-1 t18551217-111-verdict-1"/>
<persName id="def1-111-18551217" type="defendantName">
<interp inst="def1-111-18551217" type="gender" value="female"/>
<interp inst="def1-111-18551217" type="age" value="24"/>
<interp inst="def1-111-18551217" type="surname" value="SHANNON"/>
<interp inst="def1-111-18551217" type="given" value="PHILLIS"/>
<hi rend="largeCaps">PHILLIS SHANNON</hi> </persName> was indicted
<rs id="t18551217-111-offence-1" type="offenceDescription">
<interp inst="t18551217-111-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18551217-111-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">BODKIN</hi>
<hi rend="italic">conducted the Prosecution</hi>.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-106" type="witnessName">
<interp inst="t18551217-name-106" type="gender" value="female"/>
<interp inst="t18551217-name-106" type="surname" value="GRAVES"/>
<interp inst="t18551217-name-106" type="given" value="PHOEBE"/>PHOEBE GRAVES</persName> </hi>. I am wife of William Graves. He keeps a chandler's shop in Caledonian-street—I remember being examined before the Magi
<lb/>strate—about a fortnight before that the prisoner came to our shop—she asked for a pound of sugar and an ounce of tea—I served her—they came to 1
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>.—she gave me a 5
<hi rend="italic">s</hi>. piece—I gave her change, and she went away—I gave that 5
<hi rend="italic">s</hi>. piece to my husband—he took it to the market—he brought it back, and returned it to me—on 29th Nov. the prisoner came again, and asked for tea and sugar—I served her—it came to 11
<hi rend="italic">d</hi>.—she gave me another 5
<hi rend="italic">s</hi>. piece—I made inquiry, and found it was bad—the prisoner was then in my shop—I gave both the 5
<hi rend="italic">s</hi>. pieces to the officer—these are them—I put a mark on them.</p>
<hi rend="italic">Prisoner. Q.</hi> If you knew I was the woman who gave you the first why did you not give me into custody when I came the second time?
<hi rend="italic">A</hi>. You gave me a third one—the first was put into the fire,</p>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> You speak about a third one?
<hi rend="italic">A.</hi> Yes—the first she gave me was put into the fire—the second time I did not take notice of</p>
<xptr type="pageFacsimile" doc="185512170031"/>
<p>her—that was before she had the tea and sugar, and paid 1
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>.—I am confident the prisoner is the woman.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-107" type="witnessName">
<interp inst="t18551217-name-107" type="gender" value="male"/>
<interp inst="t18551217-name-107" type="surname" value="GRAVES"/>
<interp inst="t18551217-name-107" type="given" value="WILLIAM"/>WILLIAM GRAVES</persName> </hi>. I am husband of the last witness. She gave me a crown piece about a fortnight before I went before the Magistrate—I carried it to Covent-garden Market—a man told me it was bad—I returned the same to my wife—a week or two after the prisoner came to my house on a Thursday night—she had some tea, and gave my wife a 5
<hi rend="italic">s</hi>. piece.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-108" type="witnessName">
<interp inst="t18551217-name-108" type="gender" value="female"/>
<interp inst="t18551217-name-108" type="surname" value="SARJENT"/>
<interp inst="t18551217-name-108" type="given" value="SARAH ANN"/>SARAH ANN SARJENT</persName> </hi> I am the wife of James Serjeant, a baker, in Pim
<lb/>lico. I remember the prisoner coming to my shop—she offered me a crown piece for some bread—I examined it—it appeared good—I put it to my teeth—it grated—I told her it was bad—she said she knew where she took it, and went away—this was about a fortnight before I was examined before the Magistrate.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-109" type="witnessName">
<interp inst="t18551217-name-109" type="gender" value="male"/>
<interp inst="t18551217-name-109" type="surname" value="FEY"/>
<interp inst="t18551217-name-109" type="given" value="JOSEPH ROBERT WILLIS"/>JOSEPH ROBERT WILLIS FEY</persName> </hi>. I keep an Italian warehouse in Pimlico On Thursday, 22nd Nov., the prisoner came about 8 o'clock in the evening, for a penny candle or a quarter of a pound of soap—she gave me a shilling—I gave her change, and she went away—I put the shilling into the till, but directly took it out again—there were other shillings in the till, but when I put this one in I took it out immediately—I did not lose sight of it—it was bad, and I put it aside—I afterwards took it to the police court, and gave it to the officer.</p>
<hi rend="italic">Prisoner</hi>. I have been in the habit of going to this gentleman's shop?
<hi rend="italic">Witness</hi>. I never saw you but twice—the second time you brought an-other bad shilling—I went to get my hat, and you were gone.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-110" type="witnessName">
<interp inst="t18551217-name-110" type="gender" value="male"/>
<interp inst="t18551217-name-110" type="surname" value="GRANT"/>
<interp inst="t18551217-name-110" type="given" value="GEORGE"/>GEORGE GRANT</persName> </hi> (
<hi rend="italic">policeman, A</hi> 289). I received these two crowns from Mr. Graves—the prisoner was examined on them on 30th Nov., and was remanded till 3rd Dec.—she stated she was an unfortunate female, and a young man gave her one crown, and the other she denied passing—I received this shilling from Mr. Fry.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-111" type="witnessName">
<interp inst="t18551217-name-111" type="gender" value="male"/>
<interp inst="t18551217-name-111" type="surname" value="WEBSTER"/>
<interp inst="t18551217-name-111" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi> These two crowns are bad, and the shilling is bad also.</p>
<hi rend="italic">The prisoner's statement before the Magistrate was here read, as follow</hi>:—"I recollect going to Mrs. Sarjent's shop with a crown; she gave it me back again; I gave Mrs. Gray one on the Thursday, but I was not there before; I do not recollect giving Mr. Fry the bad shilling; I have changed shillings and half crowns there before.")</p>
<hi rend="italic">Prisoner's Defence</hi>. I hope you will have mercy on me; I am innocent, I can assure you.</p>
<hi rend="smallCaps">
<rs id="t18551217-111-verdict-1" type="verdictDescription">
<interp inst="t18551217-111-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18551217-111-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 24.—
<hi rend="italic">
<rs id="t18551217-111-punishment-16" type="punishmentDescription">
<interp inst="t18551217-111-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18551217-111-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-111-18551217 t18551217-111-punishment-16"/>Confined Twelve Months</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18551217-112">
<interp inst="t18551217-112" type="uri" value="sessionsPapers/18551217"/>
<interp inst="t18551217-112" type="date" value="18551217"/>
<join result="criminalCharge" id="t18551217-112-charge-1" targOrder="Y" targets="def1-112-18551217 t18551217-112-offence-1 t18551217-112-verdict-1"/>
<persName id="def1-112-18551217" type="defendantName">
<interp inst="def1-112-18551217" type="gender" value="male"/>
<interp inst="def1-112-18551217" type="surname" value="HOLLAND"/>
<interp inst="def1-112-18551217" type="given" value="PETER"/>
<hi rend="largeCaps">PETER HOLLAND</hi> </persName> was indicted
<rs id="t18551217-112-offence-1" type="offenceDescription">
<interp inst="t18551217-112-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18551217-112-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<hi rend="smallCaps">MR. ELLIS</hi>
<hi rend="italic">conducted the Prosecution</hi>.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-113" type="witnessName">
<interp inst="t18551217-name-113" type="gender" value="male"/>
<interp inst="t18551217-name-113" type="surname" value="CHAPMAN"/>
<interp inst="t18551217-name-113" type="given" value="THOMAS HAWTHORNS"/>THOMAS HAWTHORNS CHAPMAN</persName> </hi>. I am a salesman, in Covent-garden. About 9 o'clock in the morning, on 5th Dec. the prisoner came to my stand, and bought a basket of apples—he gave me for them three shillings and a bad sixpence—I broke the sixpence, and told him it was bad—I gave it to. Alderman, the beadle of the market—the prisoner then gave me a shilling, and I gave him change—I had known him before.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> Does he buy fruit in the market, and sell it about Somers-town?
<hi rend="italic">A.</hi> He buys it, I do not know where he sells it—he gave me a bad sixpence, and three good shillings.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-114" type="witnessName">
<interp inst="t18551217-name-114" type="gender" value="male"/>
<interp inst="t18551217-name-114" type="surname" value="JACOBS"/>
<interp inst="t18551217-name-114" type="given" value="ALEXANDER"/>ALEXANDER JACOBS</persName> </hi>. I am a salesman in Covent-garden Market. On 5th Dec. the prisoner came to my stand a little after 9 o'clock—he bought 100 orange for 3
<hi rend="italic">s</hi>.—he gave me a 2
<hi rend="italic">s</hi>. piece and a half crown—I found</p>
<xptr type="pageFacsimile" doc="185512170032"/>
<p>the 2
<hi rend="italic">s</hi>. piece was bad—I gave it him back—he rubbed it, and looked at it, and put it into his pocket—he gave me another half crown, and that was bad—I returned that to him, and he gave me a 2
<hi rend="italic">s</hi>. piece, which was good—he took the oranges and his change, and went away.</p>
<hi rend="italic">Cross-examined. Q.</hi> Has he been in the habit of buying of you?
<hi rend="italic">A.</hi> Yes, I have sold him things for several years.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-115" type="witnessName">
<interp inst="t18551217-name-115" type="gender" value="male"/>
<interp inst="t18551217-name-115" type="surname" value="ALDERMAN"/>
<interp inst="t18551217-name-115" type="given" value="BARNABAS"/>BARNABAS ALDERMAN</persName> </hi>. I am a beadle of Covent-garden Market. On the morning of 5th Dec. I received this sixpence from Mr. Chapman—I went after the prisoner, and found him at Mr. Jacobs's stand—I told him to turn out his pockets—lie did so, and pulled out this bad florin—I told him to turn out his other pocket, and he produced this bad half crown—I found on him 1
<hi rend="italic">s</hi>. 6 3/4
<hi rend="italic">d</hi>. in good money—he declared he did not know that he had any bad money about him.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-116" type="witnessName">
<interp inst="t18551217-name-116" type="gender" value="male"/>
<interp inst="t18551217-name-116" type="surname" value="WEBSTER"/>
<interp inst="t18551217-name-116" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This sixpence, and florin, and half crown, are all' bad.</p>
<hi rend="italic">The prisoner received a good character</hi>.)</p>
<hi rend="smallCaps">
<rs id="t18551217-112-verdict-1" type="verdictDescription">
<interp inst="t18551217-112-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18551217-112-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18551217-113">
<interp inst="t18551217-113" type="uri" value="sessionsPapers/18551217"/>
<interp inst="t18551217-113" type="date" value="18551217"/>
<join result="criminalCharge" id="t18551217-113-charge-1" targOrder="Y" targets="def1-113-18551217 t18551217-113-offence-1 t18551217-113-verdict-1"/>
<persName id="def1-113-18551217" type="defendantName">
<interp inst="def1-113-18551217" type="gender" value="male"/>
<interp inst="def1-113-18551217" type="age" value="25"/>
<interp inst="def1-113-18551217" type="surname" value="SIMPSON"/>
<interp inst="def1-113-18551217" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES SIMPSON</hi> </persName>
<rs id="t18551217-113-offence-1" type="offenceDescription">
<interp inst="t18551217-113-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18551217-113-offence-1" type="offenceSubcategory" value="indecentAssault"/>, indecently assaulting
<persName id="t18551217-name-118" type="victimName">
<interp inst="t18551217-name-118" type="gender" value="male"/>
<interp inst="t18551217-name-118" type="surname" value="HOPKINS"/>
<interp inst="t18551217-name-118" type="given" value="JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t18551217-113-offence-1 t18551217-name-118"/>Joseph Hopkins</persName>.</rs> </p>
<hi rend="smallCaps">
<rs id="t18551217-113-verdict-1" type="verdictDescription">
<interp inst="t18551217-113-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18551217-113-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 25.—
<hi rend="italic">
<rs id="t18551217-113-punishment-17" type="punishmentDescription">
<interp inst="t18551217-113-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18551217-113-punishment-17" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-113-18551217 t18551217-113-punishment-17"/>Confined Nine Months</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18551217-114">
<interp inst="t18551217-114" type="uri" value="sessionsPapers/18551217"/>
<interp inst="t18551217-114" type="date" value="18551217"/>
<join result="criminalCharge" id="t18551217-114-charge-1" targOrder="Y" targets="def1-114-18551217 t18551217-114-offence-1 t18551217-114-verdict-1"/>
<persName id="def1-114-18551217" type="defendantName">
<interp inst="def1-114-18551217" type="gender" value="male"/>
<interp inst="def1-114-18551217" type="age" value="31"/>
<interp inst="def1-114-18551217" type="surname" value="SMITH"/>
<interp inst="def1-114-18551217" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN SMITH</hi> </persName>
<rs id="t18551217-114-offence-1" type="offenceDescription">
<interp inst="t18551217-114-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18551217-114-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, stealing 24 1bs. weight of leaden pipe, value 4
<hi rend="italic">s</hi>.; the goods of
<persName id="t18551217-name-120" type="victimName">
<interp inst="t18551217-name-120" type="gender" value="male"/>
<interp inst="t18551217-name-120" type="surname" value="WITHECOMB"/>
<interp inst="t18551217-name-120" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18551217-114-offence-1 t18551217-name-120"/>John Withecomb</persName>, and fixed to a building: to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18551217-114-verdict-1" type="verdictDescription">
<interp inst="t18551217-114-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18551217-114-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 31.—
<hi rend="italic">
<rs id="t18551217-114-punishment-18" type="punishmentDescription">
<interp inst="t18551217-114-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18551217-114-punishment-18" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-114-18551217 t18551217-114-punishment-18"/>Confined Six Months</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18551217-115">
<interp inst="t18551217-115" type="uri" value="sessionsPapers/18551217"/>
<interp inst="t18551217-115" type="date" value="18551217"/>
<join result="criminalCharge" id="t18551217-115-charge-1" targOrder="Y" targets="def1-115-18551217 t18551217-115-offence-1 t18551217-115-verdict-1"/>
<persName id="def1-115-18551217" type="defendantName">
<interp inst="def1-115-18551217" type="gender" value="male"/>
<interp inst="def1-115-18551217" type="surname" value="CURTIS"/>
<interp inst="def1-115-18551217" type="given" value="JOHN COTTON"/>
<hi rend="largeCaps">JOHN COTTON CURTIS</hi> </persName>
<rs id="t18551217-115-offence-1" type="offenceDescription">
<interp inst="t18551217-115-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18551217-115-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing, on
<rs id="t18551217-cd-4" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18551217-115-offence-1 t18551217-cd-4"/>23rd Nov</rs>., 1 portmanteau, 1 pair of shoes, and other articles, the property of the
<persName id="t18551217-name-122" type="victimName">
<interp inst="t18551217-name-122" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18551217-115-offence-1 t18551217-name-122"/>Eastern Counties Railway Company</persName>.—2nd
<hi rend="smallCaps">COUNT</hi>, stealing, on
<rs id="t18551217-cd-5" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18551217-115-offence-1 t18551217-cd-5"/>30th Nov</rs>., 1 dressing-case, and other goods, the property of the
<persName id="t18551217-name-123" type="victimName">
<interp inst="t18551217-name-123" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18551217-115-offence-1 t18551217-name-123"/>Eastern Comities Railway Company</persName>.</rs> </p>
<hi rend="smallCaps">MR. WOOLLETT</hi>
<hi rend="italic">conducted the Prosecution</hi>.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-124" type="witnessName">
<interp inst="t18551217-name-124" type="gender" value="female"/>
<interp inst="t18551217-name-124" type="surname" value="JOYES"/>
<interp inst="t18551217-name-124" type="given" value="ELIZABETH"/>ELIZABETH JOYES</persName> </hi>. I am female searcher at a police station. On 23rd Nov. I was stationed in the first class waiting room in the Eastern Counties Railway terminus, at Shoreditch—I was placed there to watch by Mr. Bale, the station master—I saw the prisoner come into the first class waiting room a little before 4 o'clock—I had not seen him before—he placed himself on a sofa, by the side of the fire, I had a full opportunity of observing him—when he came in he had no luggage whatever—there was a portmanteau under the table, which is opposite the door—the prisoner was about three yards from it—there were some cloaks, and other things, but no other port
<lb/>manteau there—the prisoner left the sofa, he went to the portmanteau and lifted it up, and put it down again, and he went out on to the platform—he came back again and took the portmanteau, and walked out directly—he went to the right hand and passed the refreshment room—I spoke to a female and she went to a private door—I observed that the prisoner had very old shoes on, and he was shabbily dressed—the portmanteau was a little more than half a yard long, I should say—I am quite sure the prisoner is the man—I can swear to him.</p>
<hi rend="italic">Prisoner. Q.</hi> You were employed as a female detective?
<hi rend="italic">A.</hi> Yes—I was sitting immediately opposite the entrance to the waiting room—seeing the party lift up the portmanteau I kept a sharp look out—the party came in immediately afterwards from the platform, took the portmanteau, and went out—he did not pass me, I had moved from that place to the door Opposite.</p>
<hi rend="italic">Q.</hi> If you saw this party take the portmanteau away, was it not your duty to follow him immediately, and not go after some other female?
<hi rend="italic">A.</hi> I could not swear at that time whether the man had stolen it or not—you were not</p>
<xptr type="pageFacsimile" doc="185512170033"/>
<p>dressed as you are now—you were dressed as you are now the second time you came.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Had you had directions what to do if you saw any one take anything?
<hi rend="italic">A.</hi> Yes—it was in consequence of those directions I told the female.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-125" type="witnessName">
<interp inst="t18551217-name-125" type="gender" value="male"/>
<interp inst="t18551217-name-125" type="surname" value="CHESHIRE"/>
<interp inst="t18551217-name-125" type="given" value="WILLIAM JOHN"/>REV. WILLIAM JOHN CHESHIRE</persName> </hi>. I am Hector of St. Martin's, Canterbury. On 23rd Nov. I went to the Eastern Counties terminus, at Shoreditch—I arrived 2 or 3 minutes before 4 o'clock, by the clock at the station—I was going to Colchester—I had a light brown portmanteau with me—it was about two feet long by eighteen inches, with a handle at the side to any it—the porter took it from the cab that I was in and carried it to the first class waiting room—I followed him, and saw him put it down under a table in the centre of the room—I left it there and went out with a view of seeing whether the ticket place was open, and not finding it open, I returned to the room, I am sure I was not absent five minutes, and the portmantean was gone—I did not see any other portmanteau there when the porter put it down—I have never seen my portmanteau since—it contained a few handkerchiefs, and small things, and a pair of new shoes, made by Medwin, in Regent-street—I have seen them in the hands of the superintendent—these are them—here is my own name written in them as received from the shop—the value of all the articles the portmanteau contained was certainly 17
<hi rend="italic">l</hi>.</p>
<hi rend="italic">Prisoner. Q.</hi> What was the weight of it?
<hi rend="italic">A.</hi> I had not carried it myself—I cannot answer exactly, I should say about 40 lbs. weight.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-126" type="witnessName">
<interp inst="t18551217-name-126" type="gender" value="male"/>
<interp inst="t18551217-name-126" type="surname" value="MAT"/>
<interp inst="t18551217-name-126" type="given" value="JOHN"/>JOHN MAT</persName> </hi> (
<hi rend="italic">police sergeant</hi>). I produce these shoes—I attended at Worship-street on the examination of the prisoner—I heard the last witness describe the shoes—J took these off the prisoner's feet</p>
<hi rend="italic">Prisoner. Q.</hi> You have made inquiries about my character?
<hi rend="italic">A.</hi> Yes—as far as my inquiries have led, I have proved you might have been a respectable member of society, but instead of that you are quite the reverse—I found your wife and family in a state of destitution, want, and wretchedness, and your position enabled you to support them—I heard you have been very fond of company and gambling—you were out day and night, sometimes not the whole night, but a portion of it—the testimony of your own family was all that I had.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-127" type="witnessName">
<interp inst="t18551217-name-127" type="gender" value="male"/>
<interp inst="t18551217-name-127" type="surname" value="BALE"/>
<interp inst="t18551217-name-127" type="given" value="HENRY"/>HENRY BALE</persName> </hi>. I am station master at the Shoreditch terminus of the Eastern Counties Railway. On 23rd Nov. I received information of a robbery about 4 o'clock—in consequence of information I searched for the prisoner, I could not find him—I had a communication from the prisoner since he has been in gaol—in consequence of that I went to him about a fortnight ago in the House of Detention, and he made a communication to me.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you hold out any inducement to him to make it?
<hi rend="italic">A.</hi> I told him if he made a clean breast of it the Company might adopt a lenient course.—(
<hi rend="italic">The</hi>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">considered the statement not receivable</hi>.)</p>
<hi rend="smallCaps">MR. WOOLLETT</hi>.
<hi rend="italic">Q.</hi> In consequence of information did you set persona to watch on 30th Nov.?
<hi rend="italic">A.</hi> Yes, the witness Joyes—she made a com
<lb/>munication to me about a quarter before 12 o'clock at noon—I communi
<lb/>cated with Mr. Holloway, the superintendent of the lost property department—he dressed himself like a traveller, and carried in with him to the first class waiting room a dressing case, a rug, and a black leather bag—they were placed under the table—the prisoner was in the first class waiting room at the time—Mr. Holloway left the, room and went towards the</p>
<xptr type="pageFacsimile" doc="185512170034"/>
<p>refreshment room—the prisoner Hollowed him—I then made another com
<lb/>munication to Mr. Holloway—he went back into the first class waiting room, and the prisoner went back into the room also—Mr. Holloway left the room again and I saw the prisoner follow Mr. Holloway again—he had nothing with him at that time—he returned to the room and came out in about a minute, and he had the rug, the dressing case, the black leather bag, and a rug of his own—he was carrying all this property with him, and he went towards the door of egress—just as he stepped off the platform I laid hold of his collar—I called a policeman, he was given into custody, and taken to the station at Spital-square—he was searched in my presence—he had no ticket for any part of the line, nor any money—this rug belongs to Mr. Holloway—'the rest is lost property that was left in his care</p>
<hi rend="italic">Prisoner. Q.</hi> This took place on the northern aide of the railway station 9
<hi rend="italic">A.</hi> Yes, in the first class waiting room—that is the aide of the down trains—the entrances are entrances of egress—I am more in the habit of seeing parties come in, than go out there—this waiting room is twenty or thirty yards from the lobby of the paying place—we have three steps leading down, and in front there are two staircases—we have not policemen at the front, we have porters there, because the luggage comes there—we have lost a great many articles from the first class waiting room—I and those who are under me have not been the subjects of some conversation up stairs for not looking after those things—I have not found it necessary to set a trap every time—I have caught many myself—I have found them go in all directions, and taken them in all directions—I took you on 30th Nov.—I think it was on Friday, I will not swear positively—I believe it was 30th Nov.—it might have been 1st Dec—I took you with the property on you.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Were you examined the same day he was taken?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-128" type="witnessName">
<interp inst="t18551217-name-128" type="gender" value="male"/>
<interp inst="t18551217-name-128" type="surname" value="MATHEW"/>
<interp inst="t18551217-name-128" type="given" value="HENRY"/>HENRY MATHEW</persName> </hi>. I am a policeman of the Eastern Counties Rail way. I received this property on Saturday, 1st Dec; that was the day the rob
<lb/>bery was committed—I produce the property here—on the road to the police court, the prisoner said, it would be a pretty thing for his wife and family</p>
<hi rend="italic">Prisoner. Q.</hi> Not "a bad job"?
<hi rend="italic">A.</hi> No, "a pretty thing"—when you were taken you had just left the platform, and were making your way towards the street—you were about two yards off the platform—you were eight or nine yards from the front door.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-129" type="witnessName">
<interp inst="t18551217-name-129" type="gender" value="male"/>
<interp inst="t18551217-name-129" type="surname" value="HOLLOWAY"/>
<interp inst="t18551217-name-129" type="given" value="THOMAS"/>THOMAS HOLLOWAY</persName> </hi>. I am superintendent of the lost goods department, at the Eastern Counties Railway—I received information, and dressed my-self as a traveller, on 1st Dec—I have heard the evidence of Mr. Bale—it is true as far as I saw—I did not see the prisoner taken—he acknowledged to me when in custody, that he had taken mine instead of his own—this dressing case had beet under my care about seven months—the rug I have had for yean—the bag I had only had a few days.</p>
<hi rend="italic">Prisoner. Q.</hi> Will you swear I did not say, "I have taken yours instead of my friend's"?
<hi rend="italic">A.</hi> No; you said, "Instead of my own"—I might have taken off my gloves when I saw you in custody—I do not know.</p>
<hi rend="italic">Prisoner's Defence</hi>. I am taken at a very great disadvantage, and I am deprived of the assistance of one of the pleaders; when I left my own home, about half past 11 o'clock in the morning of 1st Dec, I went with the express intention of meeting a friend at the Eastern Counties Railway station, and I shall prove that I promised to be back at my house, four miles from the railway, somewhere about 1 o'clock; having proved so far by a witness, I shall bring before you Circumstantial and presumptive evidence</p>
<xptr type="pageFacsimile" doc="185512170035"/>
<p>of my innocence, and trout to my own arguments, from whence you will draw your own inference; when I left home, I left behind me that which I can scarcely do without, an eye glass, and left the necessary amount of cash which might have been wanted for any expenses; I went to the station, and you heard the question I put about the egress or ingress; You are was that the northern side is for persons going down the line, and the southern side for persons coming up the line, and there are two passages lead down from the front of the building—this occurrence took place in the middle of the day, 5 or 10 minutes before 12 o'clock; there was no throng, nothing to induce a person to commit any robbery; you all hear that I went in and sat down, and a person came in dressed as a traveler, and placed under the table several packages, and a railway wrapper; if I had been dishonestly inclined it would have been sheer madness on my part to take up these things in presence of so many persons—but I expected my friend there, and sat immediately opposite the door watching for him—when this gentle
<lb/>man came in with his luggage, I thought I detected my friend in him, and I followed him to look for him; not being able to find him, I came back, and then not being certain, I went out again and came back—I then sud
<lb/>denly bethought myself that he might hare gone to the lobby to obtain his ticket, and as my intention was to ask him to take me to Stratford with, him, I thought there was no harm in taking these things to him—now it appears that this was a trap to detect some shabby fellow who stole a clergy-man's portmanteau; when they saw me they could not say I was a shabby fellow, and the very clever man who took me, if he thought I was going to leave these premises, do You think he would have laid hold of me there; no, he would have let me have gone down and get into a
<hi rend="italic">cab</hi>, and followed me to my destination; if he had thought for one moment I was a thief, that is the line of conduct he would have pursued; but Mr. Bale knew I did not intend to leave the premises with these things, he saw that I was going towards the pay place, and he knew very well I must have thought if I did not see somebody I was looking after, I should come back to the wait
<lb/>ing room again; but a victim was to be caught, and there had been com
<lb/>plaints of non-performance of duty in looking after persons in that waiting room, and therefore I was taken; the Rev. Mr. Cheshire says he lost his portmanteau on 23rd Nov., which is the day that this female detector was appointed to watch for thieves; she waited from 10 o'clock in the morning till a quarter before 4 o'clock, and saw a person she declares to be me, get up and leave that room, but before leaving it lift up the portmanteau, and come back, take the portmanteau and leave this room; and I must not Only have left the room, but walked twenty yards, and gone down a flight of steps, and all this in one minute and with a package in my hand weighing forty or fifty pounds; can 'you believe that could be done before a woman, a special detector, appointed there for her acute knowledge of all these things; is it possible that any man could come into a room like that, take a package of forty pounds, and walk away with it; but I have a witness whom I will tender, who will on her oath declare that on that 23rd, I arrived at my own house, which is as near as possible three miles and a half or four miles distant from it, and that I was at home about 6 o'clock, and I was dressed in my usual way; I never leave" my house without being shaved, my clothes and hat well brushed, and my shoes decently polished; I shall prove that on the 28th Nov., which was on Wednesday, that I brought home these identical shoes, and another pair of shoes as well with me, and</p>
<xptr type="pageFacsimile" doc="185512170036"/>
<p>that I never brought home any portmanteau or carpet bag, or dressing case, in my life; that I have never been out later than 8 or 9 o'clock in the even
<lb/>ing, and never gambled in my life; this statement must have proceeded from some misapprehension; in addition to all this I may add, that not with
<lb/>standing my having been very poor, I have not been without the means of supporting my family through my own talents, and my own ingenuity; I have six children and a wife, and others who depend on me for their sup
<lb/>port, and is it likely that I should in the face of day go into the was, as it were, of danger, to throw my children into the workhouse for the paltry sake of getting a few things, the value of which I could not have known; I will call,</p>
<hi rend="smallCaps">
<persName id="t18551217-name-130" type="witnessName">
<interp inst="t18551217-name-130" type="gender" value="female"/>
<interp inst="t18551217-name-130" type="surname" value="HORNE"/>
<interp inst="t18551217-name-130" type="given" value="CAROLINE"/>CAROLINE HORNE</persName> </hi> (
<hi rend="italic">examined by the prisoner</hi>). I am a widow, and have lodged with you some years—I recollect 23rd Nov., it was on a Friday, I believe—I will not be certain as to the day—I do not know—I think I recollect your arriving home in the afternoon of that day—it is most likely when you came home I asked you for some money, I frequently did—I recollect you saying you had not got any money at that time, but you would go out and by some means bring me in some—that was said between 4 and 5 o'clock on Friday, the 23rd Nov.—you were dressed the same as you are now—I never knew you to go out in dirty clothes, or old boots, you were always respectably dressed—you were always remarkably parti
<lb/>cular in going out well dressed—I recollect on Wednesday, 28th Nov., your bringing home a pair of shoes for the eldest boy, and I recollect your show
<lb/>ing me a pair of shoes you had bought for yourself—I cannot say that I should know those shoes if I saw them (
<hi rend="italic">looking at the shoes produced</hi>)—these have the appearance of the same shoes that you brought home—I recollect you told me you bought them in Petticoat-lane, and your son's also; and you told me a few days before that you intended to go to Petti
<lb/>coat-lane and buy yourself a pair, and your son also, for your finances would not allow you to go to a shop and buy them—you have been mostly at home—I never knew you out late at night; your usual hour for coming home, was between 8 and 9 o'clock—you have never been out all night—I never heard of any dishonest action being committed by you—I do not know that I have ever heard of your being accused of dishonesty in any way what
<lb/>ever—no, certainly not—I never believed you to be dishonest—I never saw you bring home any dressing cases or leather bags full of clothes, nor anything of the kind</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WOOLLETT</hi>.
<hi rend="italic">Q.</hi> You think you recollect 23rd Nov.?
<hi rend="italic">A.</hi> If it was on a Friday—I believe it was on Friday—if the 23rd was Friday, it was on Friday—the prisoner got home between 5 and 6 o'clock, I do not know the exact time—I am mother in law of the prisoner.</p>
<hi rend="italic">Q.</hi> Is Curtis his right name?
<hi rend="italic">A.</hi> I cannot answer that—I do not know that I am bound to answer that—I do not wish to say, I would rather not—I have reason for not saying—yes, he brought home one pair of shoes similar to these, and another pair for the son—I am not sure of the day of the month it was when he bought his son's shoes—I did not see the name of the Rev. Mr. Cheshire in them; certainly not</p>
<hi rend="italic">Prisoner. Q.</hi> The 28th Nov., perhaps you recollect, it was on Wednes
<hi rend="italic">A.</hi> cannot recollect.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> What is it makes you remember Friday, the 23rd?
<hi rend="italic">A.</hi> He told me he was so very badly off—that was the case nearly all</p>
<xptr type="pageFacsimile" doc="185512170037"/>
<p>the week—I remember it was Friday we had not a farthing in the house—I know he was taken the next day—he went out, and did not return again—the 23rd Nov. was on Wednesday.</p>
<hi rend="smallCaps">
<rs id="t18551217-115-verdict-1" type="verdictDescription">
<interp inst="t18551217-115-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18551217-115-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18551217-115-punishment-19" type="punishmentDescription">
<interp inst="t18551217-115-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18551217-115-punishment-19" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-115-18551217 t18551217-115-punishment-19"/>Confined Twelve Months</rs> </hi>.</p>
<hi rend="italic">There was another indictment against the prisoner</hi>.)</p> </div1>
<div1 type="trialAccount" id="t18551217-116">
<interp inst="t18551217-116" type="uri" value="sessionsPapers/18551217"/>
<interp inst="t18551217-116" type="date" value="18551217"/>
<join result="criminalCharge" id="t18551217-116-charge-1" targOrder="Y" targets="def1-116-18551217 t18551217-116-offence-1 t18551217-116-verdict-1"/>
<persName id="def1-116-18551217" type="defendantName">
<interp inst="def1-116-18551217" type="gender" value="male"/>
<interp inst="def1-116-18551217" type="age" value="19"/>
<interp inst="def1-116-18551217" type="surname" value="WATTS"/>
<interp inst="def1-116-18551217" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK WATTS</hi> </persName>
<rs id="t18551217-116-offence-1" type="offenceDescription">
<interp inst="t18551217-116-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18551217-116-offence-1" type="offenceSubcategory" value="burglary"/>, burglariously breaking and entering the dwelling house of
<persName id="t18551217-name-132" type="victimName">
<interp inst="t18551217-name-132" type="gender" value="male"/>
<interp inst="t18551217-name-132" type="surname" value="RUDDERFORTH"/>
<interp inst="t18551217-name-132" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18551217-116-offence-1 t18551217-name-132"/>Thomas Rudderforth</persName>, with intent to steal.</rs> </p>
<hi rend="smallCaps">
<persName id="t18551217-name-133" type="witnessName">
<interp inst="t18551217-name-133" type="gender" value="male"/>
<interp inst="t18551217-name-133" type="surname" value="CHIVERS"/>
<interp inst="t18551217-name-133" type="given" value="ELIJAH"/>ELIJAH CHIVERS</persName> </hi>. I am shopman to Thomas Rudder forth, No. 522, New Oxford-street On the night of 4th Dec. I slept in the room adjoin
<lb/>ing the shop—I went to bed at 11 o'clock, the door was barred and looked—it could not be opened from the outside by a key only—about 1 o'clock I heard a noise; I got up and found the policeman had got the prisoner—I asked him how he got in, and he produced my own key, which I had lost three days previously—he gave it me—the policeman took some instrument from him.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-134" type="witnessName">
<interp inst="t18551217-name-134" type="gender" value="male"/>
<interp inst="t18551217-name-134" type="surname" value="GREENSELL"/>
<interp inst="t18551217-name-134" type="given" value="GEORGE"/>GEORGE GREENSELL</persName> </hi> (
<hi rend="italic">policeman, E</hi> 90). I was on duty in the neighbour
<lb/>hood of Oxford-street on the morning of 5th Dec—I found this door was open, and in the passage I found the prisoner—we always try the doors as we go along—the prisoner had a chisel, a box of lucifer matches, and the key of the door he had in his hand—the door appeared to have been opened with the key—I could not say how the bars had been removed—there was a mark, but it was not very recent—this chisel would go in the mark, and I think would enable him to undo the bars.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-135" type="witnessName">
<interp inst="t18551217-name-135" type="gender" value="male"/>
<interp inst="t18551217-name-135" type="surname" value="CHIVERS"/>
<interp inst="t18551217-name-135" type="given" value="ELIJAH"/>ELIJAH CHIVERS</persName> </hi>
<hi rend="italic">re-examined. Q.</hi> Does the door shut quite close?
<hi rend="italic">A.</hi> No—the bars were drawn across, not screwed.</p>
<hi rend="smallCaps">
<rs id="t18551217-116-verdict-1" type="verdictDescription">
<interp inst="t18551217-116-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18551217-116-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.†* Aged 19.—
<hi rend="italic">
<rs id="t18551217-116-punishment-20" type="punishmentDescription">
<interp inst="t18551217-116-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18551217-116-punishment-20" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-116-18551217 t18551217-116-punishment-20"/>Four Years Penal Servitude</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18551217-117">
<interp inst="t18551217-117" type="uri" value="sessionsPapers/18551217"/>
<interp inst="t18551217-117" type="date" value="18551217"/>
<join result="criminalCharge" id="t18551217-117-charge-1" targOrder="Y" targets="def1-117-18551217 t18551217-117-offence-1 t18551217-117-verdict-1"/>
<persName id="def1-117-18551217" type="defendantName">
<interp inst="def1-117-18551217" type="gender" value="male"/>
<interp inst="def1-117-18551217" type="age" value="49"/>
<interp inst="def1-117-18551217" type="surname" value="PITT"/>
<interp inst="def1-117-18551217" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM PITT</hi> </persName>
<rs id="t18551217-117-offence-1" type="offenceDescription">
<interp inst="t18551217-117-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18551217-117-offence-1" type="offenceSubcategory" value="forgery"/>, feloniously uttering a forged request for the delivery of goods, with intent to defraud.</rs> </p>
<hi rend="smallCaps">MR. BALLANTINE</hi>
<hi rend="italic">conducted the Prosecution</hi>.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-137" type="witnessName">
<interp inst="t18551217-name-137" type="gender" value="male"/>
<interp inst="t18551217-name-137" type="surname" value="NORTH"/>
<interp inst="t18551217-name-137" type="given" value="SAMUEL"/>SAMUEL NORTH</persName> </hi>. I am a warehouseman, in the employ of Messrs. Wil
<lb/>liam Leaf and Co. I saw the prisoner on 24th Nov.—he said he wanted some town silks—I asked him who for—he said, "Mr. Hackett, of Wal
<lb/>worth"—I entered the order in the book—the value was about 30
<hi rend="italic">l</hi>.—I asked the prisoner if he had an order, and he gave me this—Mr. Hackett is a customer of ours—(
<hi rend="italic">read</hi>—" Nov. 24th. Please to send by bearer two lengths of black glace silks, at 3
<hi rend="italic">s</hi>. or 3
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. William Hackett")—I asked the prisoner if this was Mr. Hackett's writing—he said it was—I doubted it, and I asked him if he knew any one in the house—he said, "No"—I asked him if he knew any person in the neighbourhood—he said he was known to Thomas, brothers, Cheapside—I did not let him have the goods—I sent them by the porter, and he brought them back—I did not see the prisoner again till he was in custody, about a week afterwards.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-138" type="witnessName">
<interp inst="t18551217-name-138" type="gender" value="male"/>
<interp inst="t18551217-name-138" type="surname" value="NEW"/>
<interp inst="t18551217-name-138" type="given" value="WILLIAM"/>WILLIAM NEW</persName> </hi>. I am porter to Messrs. Leaf and Co., Old Change. On 24th Nov. I was called by the last witness, and desired to accompany the prisoner to Thomas's—he was not known there—I refused to let him have the goods, and I took them back again.</p>
<hi rend="italic">Prisoner. Q.</hi> They said they knew me, but not as living with Mr. Hackett?
<hi rend="italic">A.</hi> Yes, as living in Fetter-lane.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-139" type="witnessName">
<interp inst="t18551217-name-139" type="gender" value="male"/>
<interp inst="t18551217-name-139" type="surname" value="HACKETT"/>
<interp inst="t18551217-name-139" type="given" value="WILLIAM BEALBY"/>WILLIAM BEALBY HACKETT</persName> </hi>. I am a linendraper, and live at Commer
<lb/>cial House, Walworth-road. This order is on one of my bill heads, but it is not an order coming from my establishment—I have seen the prisoner</p>
<xptr type="pageFacsimile" doc="185512170038"/>
<p>in my house—I do not know Mm personally—I never gave him any order to obtain goods.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-140" type="witnessName">
<interp inst="t18551217-name-140" type="gender" value="male"/>
<interp inst="t18551217-name-140" type="surname" value="THANE"/>
<interp inst="t18551217-name-140" type="given" value="CHARLES"/>CHARLES THANE</persName> </hi> (
<hi rend="italic">City policeman</hi>, 19). On 3rd Dec I apprehended the prisoner—I asked him if his name was Pitt—he said, "No, my name is not Pitt"—he refused to tell me what it was—I told him I was an officer, and I should take him into custody for presenting an order representing himself as coming from Mr. Hackett, of Walworth, for the delivery of two pieces of silk—he said, "I don't know Mr. Hackett, of Walworth, and I never was in the premises of Messrs. Leaf"—I took him into custody—he endeavoured to escape, but did not succeed.</p>
<hi rend="italic">Prisoners Defence</hi>. The order was given to me by a person I knew many years; he told me by going there I should very likely hear of a situation, and there was an order from his employer, Mr. Hackett; when I was asked if anybody knew me, I referred to a house where I was well known, not having the slightest idea that the order was forged.</p>
<hi rend="italic">The prisoner received a good character</hi>.)</p>
<rs id="t18551217-117-verdict-1" type="verdictDescription">
<interp inst="t18551217-117-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18551217-117-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of uttering</hi>.</rs> Aged 49.—
<hi rend="italic">
<rs id="t18551217-117-punishment-21" type="punishmentDescription">
<interp inst="t18551217-117-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18551217-117-punishment-21" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-117-18551217 t18551217-117-punishment-21"/>Confined Six Months</rs> </hi>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, December</hi> 19
<hi rend="italic">th</hi>, 1855.</p>
<hi rend="largeCaps">PRESENT</hi>—The Right Hon. the
<hi rend="smallCaps">LORD MAYOR</hi>; Mr. Baron
<hi rend="smallCaps">ALDERSON</hi>; Mr. Justice
<hi rend="smallCaps">COLERIDGE</hi>; Sir
<hi rend="smallCaps">CHAPMAN MARSHALL</hi>, Knt., Ald.; Sir
<hi rend="smallCaps">GEORGE CARROLL</hi>, Knt., Ald.; Sir
<hi rend="smallCaps">ROBERT WALTER CARDEN</hi>, Knt., Ald; Sir
<hi rend="smallCaps">HENRY MUGGERIDGE</hi>, Knt., Ald; and
<hi rend="smallCaps">RUSSELL GURNEY</hi>, Esq.</p>
<hi rend="italic">Before Mr. Baron Alderson and the Fourth Jury</hi>.</p>
<div1 type="trialAccount" id="t18551217-118">
<interp inst="t18551217-118" type="uri" value="sessionsPapers/18551217"/>
<interp inst="t18551217-118" type="date" value="18551217"/>
<join result="criminalCharge" id="t18551217-118-charge-1" targOrder="Y" targets="def1-118-18551217 t18551217-118-offence-1 t18551217-118-verdict-1"/>
<join result="criminalCharge" id="t18551217-118-charge-2" targOrder="Y" targets="def2-118-18551217 t18551217-118-offence-1 t18551217-118-verdict-1"/>
<persName id="def1-118-18551217" type="defendantName">
<interp inst="def1-118-18551217" type="gender" value="male"/>
<interp inst="def1-118-18551217" type="surname" value="DAVIDSON"/>
<interp inst="def1-118-18551217" type="given" value="DANIEL MITCHELL"/>
<hi rend="largeCaps">DANIEL MITCHELL DAVIDSON</hi> </persName> and
<persName id="def2-118-18551217" type="defendantName">
<interp inst="def2-118-18551217" type="gender" value="male"/>
<interp inst="def2-118-18551217" type="surname" value="GORDON"/>
<interp inst="def2-118-18551217" type="given" value="COSMO WILLIAM"/>
<hi rend="largeCaps">COSMO WILLIAM GORDON</hi> </persName> were indicted for
<rs id="t18551217-118-offence-1" type="offenceDescription">
<interp inst="t18551217-118-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18551217-118-offence-1" type="offenceSubcategory" value="bankrupcy"/> that they, being declared and adjudged bank
<lb/>rupts, on
<rs id="t18551217-cd-6" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18551217-118-offence-1 t18551217-cd-6"/>23rd June, 1854</rs>, feloniously did conceal and embezzle 3 500
<hi rend="italic">l</hi>. Bank of England notes, part of their personal estate, with intent to defraud their creditors.</rs> (
<hi rend="italic">For the former trial of Gordon, see Sessions Paper, Vol</hi>. 42,
<hi rend="italic">page</hi> 408.)
<hi rend="smallCaps">MESSRS. ALLANTINE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">POLAND</hi>
<hi rend="italic">conducted the Prosecution</hi>.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-143" type="witnessName">
<interp inst="t18551217-name-143" type="gender" value="male"/>
<interp inst="t18551217-name-143" type="surname" value="HAMBER"/>
<interp inst="t18551217-name-143" type="given" value="THOMAS"/>THOMAS HAMBER</persName> </hi>, I am a messenger of the Court of Bankruptcy in London. I produce a file of the proceedings of the Court in the bankruptcy of Davidson and Gordon—among them I have the petition of adjudication—it is under the seal of the Court—it is dated 20th June, 1854—the adjudica
<lb/>tion is dated the 21st, the following day—there are also on the proceedings the affidavit verifying the petition, and the depositions—I have here the appointment of the official assignee—it is dated 21st June—Isaac Nicholson is the person appointed—here is the
<hi rend="italic">London Gazette</hi> of 30th June, 1854—(
<hi rend="smallCaps">MR. MONTAGUE CHAMBERS</hi>
<hi rend="italic">objected to the reception of the Gazette until due notice to the bankrupts was first proved</hi>)—on 21st June the solicitor made out some duplicates of adjudication—they were given to me when made out—they were given to my clerk, and handed by him to me—I received two duplicates, and the two I received I served in Mincing-lane, at the bankrupts' counting house—I served two copies of the adjudication, by leaving them at the bankrupts' counting house, on 21st June—Mr. George, and Haggis, one of my assistants, accompanied me—I left those duplicates inside the counting house; and when I left the counting house, I left them there—I have a copy of one of those duplicates now before me—when I left those papers in the counting house, and came away, the premises were locked up</p>
<xptr type="pageFacsimile" doc="185512170039"/>
<p>—I left Haggis on the premises, and gave direction that he should continue there.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BYLER</hi> (
<hi rend="italic">with whom was</hi>
<hi rend="smallCaps">MR. BODKIN</hi>,
<hi rend="italic">for Davidson</hi>).
<hi rend="italic">Q.</hi> You have been examined before, I think; as to the service of this adjudication?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="italic">Q.</hi> When you were examined here before, did not you swear this, "In company with Mr. George, I left one document there, and one only"?
<hi rend="italic">A.</hi> I must explain; I am quite in ignorance, in consequence of the confusion that occurred, of my having said so—I may have sworn that, bat I am quite in ignorance that I did so, in consequence of the confusion, and the cross-examination that I was exposed to—the invariable practice is to serve as many adjudications as there are bankrupts, and I have done so for many years—there were two adjudications served—it is not the invariable practice to serve as many written notices as there are bankrupts, only the adjudica
<lb/>tions—I am now positive that I left two adjudications, because I have inquired of my clerk, who reminded me of the practice which is always pur
<lb/>sued, that he gave me two adjudications, and of the invariable practice of their always being served; and I believe in my conscience that two were served—my present knowledge that two were served is not entirely derived from what my clerk told me, because I have refreshed my memory in various ways—one memorandum by which I have refreshed my memory, is my taxed bill, in which there are two adjudications mentioned—here is the bill (
<hi rend="italic">producing it</hi>)—this is the original memorandum, and, as I mentioned before, it is the invariable practice—the entry to which I refer is the second entry, "Serving adjudications; it was two—that is my clerk's writing—it bears date somewhere about July or Aug. last year—the source from which I have refreshed my memory is that document, the invariable practice, and my belief—I have no hesitation in saying that I served two—here is a memo random on the adjudication itself, which was partly the cause of the error—it says, "Served the above named bankrupts with a duplicate," instead of saying "duplicates"—I was referring to that memorandum at the time I was sworn, and unfortunately I said "duplicate," instead of "duplicates"—this memorandum was made at the time—I have no recollection of saying on the last trial, "I did not deliver it to any person there; I left it on the premises."</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> On its being mentioned to you again, your memory was better refreshed?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Have You since the last trial had occasion to refer, to your books to ascertain what was done?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. MONTAGUE CHAMBERS</hi> (
<hi rend="italic">with whom were</hi>
<hi rend="smallCaps">MESSRS. CLARKSON</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">PARRY</hi>
<hi rend="italic">for Gordon</hi>.)
<hi rend="italic">Q.</hi> There was an affidavit of service, was there not?
<hi rend="italic">A.</hi> There was—(
<hi rend="italic">the witness was directed to read it over to himself</hi>)—having read this, I adhere to my statement that I served two adjudications—it was the error in the form of this affidavit that led to the confusion—there was no intention of falsehood—the printed form was. wrong—this is my own affidavit, but it is not my own handwriting, it was filled up by another—I am not in the habit of swearing to affidavits, without reading them over, I should consider myself disgraced if I did so; the only way in which I can explain it, is this, the language of the affidavit ought to have been in the plural, instead of the singular, I read it over, passing it over incautiously, but not wilfully or carelessly, I thought I had done my duty in swearing to it—I was afterwards reminded that I had faltered in the evidence that I had improperly given, and I then for the</p>
<xptr type="pageFacsimile" doc="185512170040"/>
<p>first time learnt that the printed form was wrong—as nearly as I can remember, I think it was Mr. Linklater who reminded me that I had faltered in my evidence—I saw him at the Bankruptcy Court upon another business and had some conversation with him, and when he called my atten
<lb/>tion to the fact, I could scarcely believe what he told me—but when he did, I said, "I am very sorry it should have been stated By me, because it is so opposite to the fact"—it was, of course, very painful to me—I remained in Court until the end of the last trial—I heard objections taken throughout the proceedings, all day long—I do not recollect bearing it stated in Court, that one of the points to be reserved was that only one duplicate of adjudi
<lb/>cation had been served—I believe I paid strict attention to everything that was going on during the whole trial, but that did not occur to me—I did not hear the Counsel, as soon as I had given my evidence, object to the Judge that only one duplicate of adjudication had been served—it was not so impressed upon my mind, that is all I can say on the subject, I certainly did not take any notice of it—Mr. Linklater is the attorney for this prose
<lb/>cution, he practises very much at the Bankruptcy Court—I cannot recollect when it was that he told me I had faltered in my evidence.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Was your conversation with Mr. Linklater about the notice in writing served at the place of abode?
<hi rend="italic">A.</hi> It was upon the service of the two adjudications—there were two adjudications; not two notices—there should have been two notices as well as two adjudications.</p>
<hi rend="smallCaps">MR. CHAMBERS</hi>.
<hi rend="italic">Q.</hi> As soon as Mr. Linklater had suggested that you had faltered in your evidence did the whole thing come back to your memory as to the two?
<hi rend="italic">A.</hi> Not at the moment, but I had quite sufficient proof afterwards to know that it was not the truth—I looked at my affidavit several times afterwards—it was not Mr. Linklater, or his clerk, who prepared that, my clerk prepared it—I was recalled several times in the course of the last trial.</p>
<hi rend="italic">Q.</hi> Upon being recalled did you not say, "The document I left on the. 21st was under the seal of the Court, and I believe it to have been a true copy of the adjudication of bankruptcy"?
<hi rend="italic">A.</hi> I believe, as you refresh my recollection, that I referred to the proceedings.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Be so good as to tell us first whether you have any recollection of what you swore at the last trial?
<hi rend="italic">A.</hi> I have no distinct recollection, but I believe I referred to the paper itself, and that confirmed me in the belief that that was the adjudication left, that one adjudication was left—on the former occasion I believed there was but one.</p>
<hi rend="smallCaps">MR. CHAMBERS</hi>.
<hi rend="italic">Q.</hi> Bid you not say,
<hi rend="italic">"It</hi> was under the seal of the Court"?
<hi rend="italic">A.</hi> I cannot charge my memory—it is impossible for me to say whether I said
<hi rend="italic">it</hi>, or
<hi rend="italic">they</hi>—I cannot recollect whether I said, "and I believe
<hi rend="italic">it</hi> to have been a true copy"—I do not know how to answer whether I then remembered only one, when my thorough belief is that I left two, as I have already sworn—you are asking me that which I cannot recollect, and if you were to examine me from this time until to morrow I could not say anything else.</p>
<hi rend="smallCaps">MR. CHAMBERS</hi>
<hi rend="italic">upon this evidence objected to the reception of the adjudication</hi>
<hi rend="smallCaps">MR. BARON ALDERSON</hi>
<hi rend="italic">was of opinion that it must be received, and the Gazette also</hi>.)</p>
<hi rend="smallCaps">
<persName id="t18551217-name-144" type="witnessName">
<interp inst="t18551217-name-144" type="gender" value="male"/>
<interp inst="t18551217-name-144" type="surname" value="ROBINSON"/>
<interp inst="t18551217-name-144" type="given" value="CHARLES JOHN"/>CHARLES JOHN ROBINSON</persName> </hi>. I served notices, of which this is a true copy, upon the two defendants in Newgate, and upon their respective attorneys—(
<hi rend="italic">This was a notice to produce the duplicate adjudications left at the bank
<lb/>rupts' premises</hi>.)</p>
<xptr type="pageFacsimile" doc="185512170041"/>
<hi rend="smallCaps">
<persName id="t18551217-name-145" type="witnessName">
<interp inst="t18551217-name-145" type="gender" value="male"/>
<interp inst="t18551217-name-145" type="surname" value="HACKWOOD"/>
<interp inst="t18551217-name-145" type="given" value="WILLIAM"/>WILLIAM HACKWOOD</persName> </hi>. I am in partnership with Mr. Linklater—I made out the duplicate adjudications in this bankruptcy—I made out four—the whole four were signed by the Commissioner, and left with the Registrar—one was filed with the proceedings, one was left in the Chief Registrar's Office, and the other two were made for the two bankrupts—it would be the duty of the messenger to serve the two, that was the object of their being made.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CHAMBERS</hi>.
<hi rend="italic">Q.</hi> Were you here at the last trial?
<hi rend="italic">A.</hi> I was not—Mr. George is managing clerk in our office—there is also a Mr. Hurniman—I have sworn that I prepared these myself—they were passed by me before they were put in to the registrar—they are not all in my handwriting, but part of them are—they were prepared on the 20th, as the adjudication itself shows—there is an alteration to the 21st in my hand
<lb/>writing in the original adjudication, I mean the one that is on the file—I made that at the time they were put before the Commissioner for his signature, on the 21st—the three others were either prepared by me or under my supervision—that is all I can say—they were not all in my hand
<lb/>writing, but they were all passed by me—they were partly prepared by me, not wholly, because somebody else's handwriting appears in the body of them—they were all four prepared in the same way, that is, all prepared originally by Mr. Hurniman, I then altered them, because there were errors in them, and all those four, as altered, were put before the regis
<lb/>ter—they were altered by me, not prepared by me—I believe they were all prepared by Hurniman, I believe all the four forms were originally filled up by him—I know he had something to do with writing the duplicates, because I see his handwriting now, or rather it is on the proceedings.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-146" type="witnessName">
<interp inst="t18551217-name-146" type="gender" value="male"/>
<interp inst="t18551217-name-146" type="surname" value="HAGGIS"/>
<interp inst="t18551217-name-146" type="given" value="WILLIAM"/>WILLIAM HAGGIS</persName> </hi>. I am one of the assistant messengers of the Court of Bankruptcy. On 21st June I accompanied Mr. Hamber to the offices of the prisoners Davidson and Gordon, No, 14, Mincing-lane—I was left there—I remained there till between 8 or 9 o'clock that evening—I then locked the place up, and went away, and went again between 8 and 9 o'clock next morning—I continued to do so, it might be for two or three weeks—every morning I used to go there, and take the letters, if there were any, out of the letter box, and take them to the official assignee—since these proceedings have been taken, I have made a search at the office for some duplicate adjudications—I have not found any—I do not know how they went—I sent all the papers away the very first day we went in, all the papers that were of any account—they were taken up to the official assignee in a
<hi rend="italic">cab</hi>.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CHAMBERS</hi>.
<hi rend="italic">Q.</hi> Were you examined with regard to one paper being left on the 21st, at the last trial? Do you recollect that?
<hi rend="italic">A.</hi> I recollect it—I do not recollect saying then, "I was there at the time Mr. Hamber left
<hi rend="italic">the</hi> paper on 21st June"—I recollect saying there was an adjudication—I put it on the mantel piece—I saw the paper—I did not, to my knowledge, say, "I saw
<hi rend="italic">the</hi> paper left"—I saw a paper, the adjudication—I saw one, and took it off the desk—there might have been two for what I know—I saw one—I recollect seeing that same paper on the premises for a fortnight or three weeks afterwards—it was in the counting house, on the left hand side, on the mantel piece, wafered up—I placed it there myself—I took it off the desk where Mr. Hamber laid it, with some more papers—all the papers that had figures on them, or were of any account, were sent up to the official assignee, but newspapers and things of that sort I did not take away—I selected this one, and placed it</p>
<xptr type="pageFacsimile" doc="185512170042"/>
<p>on the chimney piece, because I knew it was to be left on the premises, that was the reason—it was an adjudication, from what I understood—I did not take it myself—Mr. Hamber took it—Mr. Hamber, Mr. George, and I, went there together—several papers were left afterwards—I left the notice myself, on the 25th I think—I do not know what became of that—I went to search for it some time afterwards, and could not find it—I cannot say whether it was on the 25th or 26th that I left it—I went there and lift it, and then locked the door again as usual.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-147" type="witnessName">
<interp inst="t18551217-name-147" type="gender" value="male"/>
<interp inst="t18551217-name-147" type="surname" value="CHECKETTS"/>
<interp inst="t18551217-name-147" type="given" value="JOHN"/>JOHN CHECKETTS</persName> </hi>, I am clerk to Mr. Hamber. I handed over to Mr. Hamber, to leave at the bankrupts', the warrant and the two adjudi
<lb/>cations—I am almost confident that I handed two—I can only speak from memory, but as far as my memory goes I can speak confidently—I handed him a warrant and two duplicate adjudications—they were handed to me by the registrar in the usual manner, folded up, and handed to Mr. Hamber for the purpose of serving on the bankrupts or to be left at their counting house—they were folded up—I folded them myself—they were the dupli
<lb/>cates of adjudication—I was present at the Court of Bankruptcy on 19th Aug.—neither Davidson nor Gordon appeared on that day—they were called, and the Commissioner sat until 3 o'clock on that day.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CHAMBERS</hi>.
<hi rend="italic">Q.</hi> The expression you first made use of was, "I am almost confident that there were two papers;" how came you to use that expression?
<hi rend="italic">A.</hi> Because I am speaking from memory, I have no fact—I made no memorandum at the time—Mr. Link
<lb/>later did not come to me about this after the last trial, nor any of his clerks—no one has asked me about it—I was subpoenaed here to day-some time after Mr. Hamber bad discovered that he had sworn there was but one adjudication served, he asked me about it, and I said, "The affidavit is on the proceedings in the usual form, and that will show, but the word 'each' not being put in, or the 's' at the end of 'duplicate,' that has caused the mistake you made"—I heard that an objection was made that only one duplicate had been served—I heard that with the other observations that were made upon the case—I told Mr. Hamber that the affidavit not being altered had caused his mistake in giving his evidence, in saying there was but one—I told him he must have laboured under a mistake—I made use of the expression to day "I am almost confident" because I only speak from memory—if you like, I will say that I am confident—I have no moral doubt about it—I mean not the slightest doubt.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-148" type="witnessName">
<interp inst="t18551217-name-148" type="gender" value="male"/>
<interp inst="t18551217-name-148" type="surname" value="HACKWOOD"/>
<interp inst="t18551217-name-148" type="given" value="WILLIAM"/>WILLIAM HACKWOOD</persName> </hi>
<hi rend="italic">re-examined</hi> The adjudications were all filled up by Mr. Hurniman, our clerk, and I passed them—by passing, I mean checking them, and seeing that they were correct—I did not check them with anything, because they were all four to be originals—I saw that they were correct for the purpose of being put before the Commissioner, and they were afterwards signed by the Commissioner—they were all originals.</p>
<hi rend="smallCaps">MR. CHAKBERS</hi>.
<hi rend="italic">Q.</hi> Did you not entrust all that to your clerk, Francis George?
<hi rend="italic">A.</hi> No—to my knowledge, he had nothing to do with seeing that one was like the other—he might also have looked at them.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you compare them with each other?
<hi rend="italic">A.</hi> I did—I compared them with the one that is now upon the proceedings—they were exact copies of that—(
<hi rend="italic">the Gazette was here read: it required the bankrupts to surrender themselves on</hi> 7
<hi rend="italic">th July, and on</hi> 19
<hi rend="italic">th Aug. to finish their exami
<lb/>nation. The adjudication was also read</hi>).</p>
<hi rend="smallCaps">
<persName id="t18551217-name-149" type="witnessName">
<interp inst="t18551217-name-149" type="gender" value="male"/>
<interp inst="t18551217-name-149" type="surname" value="DAVIS"/>
<interp inst="t18551217-name-149" type="given" value="NATHANIEL"/>NATHANIEL DAVIS</persName> </hi>. I am clerk to Mr. William Beddoe, a commission agent, in Huggin-lane. I went to the bankrupts' premises in Mincing-lane,</p>
<xptr type="pageFacsimile" doc="185512170043"/>
<p>I cannot give the date—I received as order for goods about 24th May—they were drapery goods—they were delivered, to the amount of 426
<hi rend="italic">l</hi>. to the bankrupts' packers—they were the goods of Mr. M'Millan—we have never been paid for them.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-150" type="witnessName">
<interp inst="t18551217-name-150" type="gender" value="male"/>
<interp inst="t18551217-name-150" type="surname" value="WALKER"/>
<interp inst="t18551217-name-150" type="given" value="CHARLES"/>CHARLES WALKER</persName> </hi>. I was clerk to Davidson and Gordon; they earned on business in Mincing-lane, and also had a distillery at West Ham, in Essex—the business they carried on originally in Mincing-lane was that of produce brokers, I mean colonial produce—they received goods, and sold them for other persons—they were also metal agents—they carried on business alto
<lb/>gether for three or four years to my knowledge, and at the distillery about nine months—they continued it until the time of their going away—the last day on which I saw them at business was on Saturday, 17th June, 1854—I saw both of them—I saw them up to about 5 o'clock that day—they did not tell me where they were going to—I did not see them leave—they did not intimate to me that they were going to leave—I expected to see them or hear from them on the Monday—they did not come on the Monday, nor did I hear from them—they did not leave any money with me.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BTLES</hi>.
<hi rend="italic">Q.</hi> Were you formerly in the employment of Sergeant, Gordon, and Co.?
<hi rend="italic">A.</hi> I was—Mr. Gordon, the present defendant, was a partner in that firm, and Davidson also—the present firm of Davidson and Gordon commenced at the end of 1848, I think—Mr. Davidson was not very active in the business of that firm, it was principally left to his partner—Mr. Gordon was in the habit of drawing cheques—Mr. Davidson used to sign cheques when I gave them to him for signature—he would ask me if they were right—I had received my direc
<lb/>tions from the other partner—Mr. Davidson would ask whether they were right, and sign them—he used to be absent from the business sometimes—I remember his going abroad—he was away for two or three months, I think—he went to Spain, I think, in Nov., 1853, and staid until April, 1854—he would endorse warrants that I asked him to do—he would do that upon my statement that it was all right—he did not take an active part in the business—I do not know of my own knowledge whether they left money at their bankers when they left London.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CHAMBERS</hi>.
<hi rend="italic">Q.</hi> What were your duties?
<hi rend="italic">A.</hi> I had many duties to perform—I used to keep the books generally—there were two other clerks—I used not to go to the docks.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-151" type="witnessName">
<interp inst="t18551217-name-151" type="gender" value="male"/>
<interp inst="t18551217-name-151" type="surname" value="HICKSON"/>
<interp inst="t18551217-name-151" type="given" value="RICHARD"/>RICHARD HICKSON</persName> </hi>. I was clerk to the prisoners on 17th June, at their distillery at West Ham. On that day I sent out forty pipes of spirits; twenty pipes to Messrs. Grimble and Co., of Albany-street, Regent's park, fifteen to Messrs. Nicholson and Co., of St. John-street, Clerkenwell, and five to Howell and Hale, of Water-lane—the first twenty were sent out about half past 6 o'clock in the morning—I received the order to send them out from Mr. Eves, for Mr. Gordon—I do not know whether Mr. Eves was the manager of the distillery, or not; I received the order from him—the value of those forty pipes was about 4,300
<hi rend="italic">l</hi>.—in sending out spirits we are obliged to give a cheque to the Excise for the duties—I did not do so on this occasion.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> Was there anything at all unusual in the quantity sent out?
<hi rend="italic">A.</hi> It was rather more than the average quan
<lb/>tity; it was not more than we had sent out in some preceding weeks, we had sent out as many—there was nothing at all unusual in the hour at which they were sent—it is necessary, when spirits have been recently dis
<lb/>tilled, to remove them early, as they lose by evaporation—they have been</p>
<xptr type="pageFacsimile" doc="185512170044"/>
<p>sent as early at 5 o'clock in the morning—they were sent to persons who had previously been customers of the firm for some years.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-152" type="witnessName">
<interp inst="t18551217-name-152" type="gender" value="male"/>
<interp inst="t18551217-name-152" type="surname" value="EVES"/>
<interp inst="t18551217-name-152" type="given" value="EDWARD SOUTHARD"/>EDWARD SOUTHARD EVES</persName> </hi>. I was clerk to the prisoners, and manager at the West Ham distillery. On 16th June I received an order from Mr. Gordon, and on 17th, in consequence of that order, I went to Messrs. Grimble and Co., of Albany-street, Regent's-park—I obtained from them an acceptance for 2,150
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>.—I went there because it was part of my duty to collect then—I had Mr. Gordon's order for sending the spirits to Messrs. Grimble's, and in my usual course I went as collector to get the money—it was the amount of the twenty pipes that had been delivered to them by the order of Mr. Gordon—on the same day I went to Howell and Hale, of Great Tower-street—I obtained an acceptance of them for the amount of 497
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>. for five pipes, which had also been sent that morning—I also went to Messrs. J. and W. Nicholson, of St. John-street, Smithfield—I received from them a cheque upon Glyns' for 500
<hi rend="italic">l</hi>.—I do not know whether that was on account of spirits that had been sent that morning—I gave the two acceptances to Mr. Gordon, the 500
<hi rend="italic">l</hi>. cheque I got cashed, and received for it a 500
<hi rend="italic">l</hi>. Bank of England note, which I gave to Mr. Gordon; that was about 4 o'clock in the afternoon of the 17th—before spirits can leave the distillery, it is necessary to pay the Excise, either by cheque or by money—I gave a cheque to the Excise on this occasion; I think it was for 2,070
<hi rend="italic">l</hi>., that was for duty—I cannot exactly say whether any duties were owing at that time—I believe that cheque has not been paid.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BYLES</hi>.
<hi rend="italic">Q.</hi> You were at the distillery, I think?
<hi rend="italic">A.</hi> Yes—Mr. Davidson took no part whatever in the manage
<lb/>ment of the distillery—about 8,000 gallons of spirits were sent out on this morning—there would have been no difficulty in sending out 4,000 more—there was nothing either in the time or in the quantity to lead me to sup
<lb/>pose there was anything unusual or irregular.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CHAMBERS</hi>.
<hi rend="italic">Q.</hi> How do you know that they were partners at all, if Mr. Davidson took no part in the business?
<hi rend="italic">A.</hi> Merely by the title of the firm—Mr. Davidson was frequently there, but he never took an active part in it; his name was over the door—sometimes he would write letters—I never saw him do anything else—they were letters on business.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-153" type="witnessName">
<interp inst="t18551217-name-153" type="gender" value="male"/>
<interp inst="t18551217-name-153" type="surname" value="LENNARD"/>
<interp inst="t18551217-name-153" type="given" value="HENRY BARRETT"/>HENRY BARRETT LENNARD</persName> </hi>. I am a bill discounter, carrying on business in Old Broad-street. On 17th June I saw Gordon (
<hi rend="italic">referring to a memo
<lb/>randum</hi>)—I discounted two bills of Grimble and Co. and Howell and Hale, amounting together to 2,648
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>.—I gave a cheque on account for 2,600
<hi rend="italic">l</hi>. on the Union Bank of London—this is the cheque—I gave it into Gordon's hand—he asked for an open cheque, and I handed him an open cheque—that is without any banker's name across—it is always my custom when giving an open cheque to make the person who receives it put their initials at the time, and he has written the initials "D. and G." at the back of this cheque—he did that in my presence—the cheque has been paid—it is dated 17th June.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> I believe you had frequently dis
<lb/>counted bills for Gordon before?
<hi rend="italic">A.</hi> Oh, yes.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CHAMBERS</hi>
<hi rend="italic">Q.</hi> And many times given open cheques, had you not?
<hi rend="italic">A.</hi> Not usually—we had many transactions with him—it is possible we may hare given it before, but it is not our usual custom—I cannot say to what extent we had discounted for the house for the previous six months—we had done so for many years, to many thousands of pounds—they were large transactions—there was nothing peculiar in this affair.</p>
<xptr type="pageFacsimile" doc="185512170045"/>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Bui it enabled him to get it paid the same day?
<hi rend="italic">A.</hi> Yes; it would not go through the clearing house.</p>
<hi rend="smallCaps">MR. CHAMBERS</hi>.
<hi rend="italic">Q.</hi> The joint stock banks do not go through the clearing house, do they?
<hi rend="italic">A.</hi> They did not then, but now they do, the same as pri
<lb/>vate bankers—they did not bank with a joint stock bank.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> If you had crossed it, how would it have been paid?
<hi rend="italic">A.</hi> It would have been paid into their bankers, and their bankers would have sent in the course of the afternoon and presented it—there would hare been an interval of time—their bankers were Barnetts—it would hare been sent at a particular hour in the day;</p>
<hi rend="smallCaps">
<persName id="t18551217-name-154" type="witnessName">
<interp inst="t18551217-name-154" type="gender" value="male"/>
<interp inst="t18551217-name-154" type="surname" value="GRAHAM"/>
<interp inst="t18551217-name-154" type="given" value="WILLIAM"/>WILLIAM GRAHAM</persName> </hi>. I am a member of the 'firm of Nicholson and Co., of St. John-street, rectifiers. On 17th June, 1854, we received from the prisoners fifteen pipes of British plain spirits—we expected them—the invoice price was 100
<hi rend="italic">l</hi>. a pipe, or a little more—it was altogether l,600
<hi rend="italic">l</hi>.—I paid on the same day to Mr. Eves a cheque on Glyns' for 500
<hi rend="italic">l</hi>.—at that time they owed us a large sum of money, and still do—I did not give them a cheque for tie real balance—it was towards a delivery of spirits that was ordered for the Monday—it was towards a future delivery, in advance—they owe us about 19,200
<hi rend="italic">l</hi>.—we wrote that off as a bad debt, and there was a bond of 1,000
<hi rend="italic">l</hi>.—we expected a further delivery of twenty pipes on Monday, the 19th; it did not come.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CHAMBERS</hi>.
<hi rend="italic">Q.</hi> Have you got your books here, so that I can see the nature of the transactions by which you arrive at that balance?
<hi rend="italic">A.</hi> No, I have no books here, they are at home—I got the information by which I struck this balance, from our books—I do not keep the books, Mr. William Nicholson, jun., does—we had been dealing with Davidson and Gordon ever since Aug., I think it was, or some time in 1853—I can scarcely give you an idea of the extent of our dealings with them per annum, very likely at the rate of 150,000
<hi rend="italic">l</hi>.—I know nothing of the transactions with reference to the balance, except what I have been informed—I was never present—the transactions were between Mr. Nicholson, or his nephew, and Mr. Gordon—I cannot tell the terms on which they death, I was not present—I think I only saw Mr. Davidson at our house once; I recollect seeing him there once—no doubt a very large distillery like that which they carried on at West Ham would require enormous funds from week to week to support it.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-155" type="witnessName">
<interp inst="t18551217-name-155" type="gender" value="male"/>
<interp inst="t18551217-name-155" type="surname" value="LEGG"/>
<interp inst="t18551217-name-155" type="given" value="GEORGE"/>GEORGE LEGG</persName> </hi>. I am a clerk at the Union Bank. On 17th June, 1854, I paid a cheque for 2,600
<hi rend="italic">l</hi>. (
<hi rend="italic">referring to a memorandum</hi>.)</p>
<hi rend="smallCaps">MR. CHAHBERS</hi>.
<hi rend="italic">Q.</hi> What are you reading from?
<hi rend="italic">A.</hi> An extract from our books—I have not got the books here (the
<hi rend="italic">Witness was directed to fetch the books</hi>.)</p>
<hi rend="smallCaps">
<persName id="t18551217-name-156" type="witnessName">
<interp inst="t18551217-name-156" type="gender" value="male"/>
<interp inst="t18551217-name-156" type="surname" value="M'KBAK"/>
<interp inst="t18551217-name-156" type="given" value="EDWARD"/>EDWARD M'KBAK</persName> </hi>. I am a clerk to Messrs. Glyn, bankers. On 17th June, I paid a cheque of Messrs. Nicholsons—I have the books here in which the entry of the transaction was made at the time—I made it myself, it is my own handwriting—I paid the cheque in one Bank of England note for 500
<hi rend="italic">l</hi>., No. 12113, dated 13th Jan., 1854—this (
<hi rend="italic">produced</hi>) is the note.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-157" type="witnessName">
<interp inst="t18551217-name-157" type="gender" value="male"/>
<interp inst="t18551217-name-157" type="surname" value="HECKE"/>
<interp inst="t18551217-name-157" type="given" value="PHILIP"/>PHILIP HECKE</persName> </hi>. I am one of the firm of Hecke Brothers, of No. 35, Seething-lane, Tower-street I have here a Bank of England note for 500
<hi rend="italic">l</hi>., No. 12047, dated 13th Jan., 1854—I received it in two halves—I believe I received the first half on 28th or 29th June—I have the letters to show when I received it—the other half I received on 1st July—they came by post in the usual way, from my bankers, at Brussels—I have the two letters in which they came—they have the Brussels post mark upon them.</p>
<xptr type="pageFacsimile" doc="185512170046"/>
<hi rend="smallCaps">
<persName id="t18551217-name-158" type="witnessName">
<interp inst="t18551217-name-158" type="gender" value="male"/>
<interp inst="t18551217-name-158" type="surname" value="BAILEY"/>
<interp inst="t18551217-name-158" type="given" value="DANIEL"/>DANIEL BAILEY</persName> </hi>. I am a clerk to Kraeutler and Mieville, No. 12, Angel-court, Throgmorton-street. I have a note, No. 12048, for 500
<hi rend="italic">l</hi>., dated 13th Jan., 1854—I received it in two halves, in letters from a correspondent at Antwerp—the first half on 17th June, and the second on the 28th.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-159" type="witnessName">
<interp inst="t18551217-name-159" type="gender" value="male"/>
<interp inst="t18551217-name-159" type="surname" value="KRAUSS"/>
<interp inst="t18551217-name-159" type="given" value="CHARLES"/>CHARLES KRAUSS</persName> </hi>. I knew a person named Goodcheaux, a merchant, in Charlotte-row, Mansion House—he is dead—I know his handwriting—this is his signature to this deposition (
<hi rend="italic">the following deposition of Mark Good
<lb/>cheaux was here read</hi>—"I am a merchant at Charlotte-row; I received the note, No. 12046, from Wiengens, of Aix la Chapelle; it was enclosed in a letter from Wiengens")—we got that note on 26th June; here is the letter in which it came—Mr. Wiengens is not here, he lives at Aix la Chapelle—(
<hi rend="smallCaps">MR. BALLANTINE</hi>
<hi rend="italic">stated that they had been unable to procure the attendance of Mr. Wingens</hi>)—I did not myself receive this letter—I was present at the office when it arrived, but I do not recollect it—there is a memorandum on the note in the handwriting of Mr. Lazarre, Mr. Goodcheaux's former partner.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-160" type="witnessName">
<interp inst="t18551217-name-160" type="gender" value="male"/>
<interp inst="t18551217-name-160" type="surname" value="LEGO"/>
<interp inst="t18551217-name-160" type="given" value="GEORGE"/>GEORGE LEGO</persName> </hi>
<hi rend="italic">re-examined</hi>. I have now got my book, the entry is in my own writing—I paid the 2,600
<hi rend="italic">l</hi>. cheque in five 500
<hi rend="italic">l</hi>. notes, Nos. 12046-7-8
<lb/>9-50, dated 13th Jan., 1854, and one 100
<hi rend="italic">l</hi>. note; I paid it on 17th June—I cannot tell who I paid it to—I should say I paid it after 3 o'clock in the day—it was towards the end of the day's work, and we close at 4 o'clock.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-161" type="witnessName">
<interp inst="t18551217-name-161" type="gender" value="male"/>
<interp inst="t18551217-name-161" type="surname" value="HEMSLEY"/>
<interp inst="t18551217-name-161" type="given" value="JOHN FOSTER"/>JOHN FOSTER HEMSLEY</persName> </hi>. I am a solicitor, and am acting now for the defence of Mr. Gordon, who has been known to me for a long time. I was acting professionally for Mr. Gordon, on 17th June, 1854, and also for Mr. Davidson—I saw them on that day, between 4 and 5 o'clock, together—I received a sum of money from one of them—I paid it over to the assignees—I did not pay it all over—I received I think 1,700
<hi rend="italic">l</hi>., and I paid over I think 1,250
<hi rend="italic">l</hi>.—T cannot tell the day on which I paid it over, it was within the time limited by the Bankruptcy Act—it may have been 11th Aug.—I do not recollect the date—I handed over the same notes—it was in bank notes—that was after I learned of the adjudication in bankruptcy—I gave it to the official assignee—I did not see the bankrupts after 17th June, until April last, when they came back.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-162" type="witnessName">
<interp inst="t18551217-name-162" type="gender" value="male"/>
<interp inst="t18551217-name-162" type="surname" value="PREHN"/>
<interp inst="t18551217-name-162" type="given" value="JAMES"/>JAMES PREHN</persName> </hi>. I am a merchant carrying on business in London. I know the prisoners by sight—on Saturday, 17th June, 1854, I went down to Dover by the train, and crossed over to Ostend in the mail boat at 11 o'clock at night—I saw Davidson and Gordon on board before they arrived at Ostend—I had not seen them in the railway before.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-163" type="witnessName">
<interp inst="t18551217-name-163" type="gender" value="male"/>
<interp inst="t18551217-name-163" type="surname" value="THURM"/>
<interp inst="t18551217-name-163" type="given" value="JOHN CONRAD IM"/>JOHN CONRAD IM THURM</persName> </hi>. I know Davidson and Gordon by sight. I was in Switzerland in the summer of 1854—I saw Davidson and Gordon there together, on board a steamer on the lake of Lucerne, in Aug.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-164" type="witnessName">
<interp inst="t18551217-name-164" type="gender" value="male"/>
<interp inst="t18551217-name-164" type="surname" value="WILLIGAN"/>
<interp inst="t18551217-name-164" type="given" value="SIMON VAN DER"/>SIMON VAN DER WILLIGAN</persName> </hi>. I am a merchant carrying on business in London. I saw the two prisoners at Thun, about 31st Aug., 1854, they were together—I afterwards saw them at Geneva.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CHAMBERS</hi>.
<hi rend="italic">Q.</hi> Can you tell me the distance from Antwerp to Ostend?
<hi rend="italic">A.</hi> I cannot give You the miles, it takes about three hours by rail—it is not necessary to go to Antwerp first in order to get to Brussels—it takes about two and a half or three hours to go—you can get from Ostend to Aix la Chapelle the same night.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-165" type="witnessName">
<interp inst="t18551217-name-165" type="gender" value="male"/>
<interp inst="t18551217-name-165" type="surname" value="BULL"/>
<interp inst="t18551217-name-165" type="given" value="JOHN MARK"/>JOHN MARK BULL</persName> </hi>. I am one of the officers attached to the London police. I was instructed to follow Davidson and Gordon—I left England on 4th Sept., 1854, and went to Neufchatel, in Switzerland—I saw Gordon there in Nov., 1854—I had heard of them at one or two places before—I</p>
<xptr type="pageFacsimile" doc="185512170047"/>
<p>was not able to take them into custody in consequence of the law of the country—after that, from information I received, I went to Malta; the prisoners were apprehended previous to my going there—I arrived there on 2nd April this year—I had come home in the meantime—I went with a warrant from Mr. Alderman Farebrother, which the authorities there held to be illegal—I found the two bankrupts there in custody—they were discharged by Mr. Arthur, the Magistrate there—they after
<lb/>wards embarked on board the
<hi rend="italic">Indus</hi>—I embarked in the same ship, sod accompanied them till they got to Southampton, and upon their landing there they were taken into custody, and brought up to London.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> I suppose they knew of your being there?
<hi rend="italic">A.</hi> Oh, yes—they voluntarily came to Southampton—that was on 20th Aug.</p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Had an application been made to the Governor previous to their leaving the colony?
<hi rend="italic">A.</hi> There had—they had been under my surveillance, and ultimately they intimated their intention not to struggle with me any longer, they should come over—both of them said that—they were taken into custody by Hackman, the officer.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CHAMBERS</hi>.
<hi rend="italic">Q.</hi> They could have got away on the voyage, could they not, at Gibraltar, and got into Spain; you had so power to stop them?
<hi rend="italic">A.</hi> No, no legal power, but I should have fol
<lb/>lowed them.</p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Should you have left them?
<hi rend="italic">A.</hi> Certainly not—if they had gone into Spain, I should have gone too.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Then in fact they chose to prefer your warrant to your company?
<hi rend="italic">A.</hi> Yes—the
<hi rend="italic">Indus</hi> was bound for England—it is the regular Southampton packet.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-166" type="witnessName">
<interp inst="t18551217-name-166" type="gender" value="male"/>
<interp inst="t18551217-name-166" type="surname" value="ROBINSON"/>
<interp inst="t18551217-name-166" type="given" value="CHARLES JOHN"/>CHARLES JOHN ROBINSON</persName> </hi>
<hi rend="italic">re-examined</hi>. On 27th April last I was at the Court of Bankruptcy—the bankrupts were brought up for examination (
<hi rend="italic">referring to the proceeding</hi>)—I see here a declaration signed by Davidson, required by the Act, and also a declaration signed by Gordon—Dayid
<lb/>son was examined—I have the examination here—I took it down myself—(
<hi rend="italic">reads</hi>)—"Did you, on 17th June, 1854, receive from Messrs. Bennison and Co. 2,648
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.? I am not at all aware of it, for the fact is I had so little to do with the matter that it is of no use referring to my books. Do you wish for further time to see such books, as the assignees will permit you to see? Yes, and I will then answer to the best of my ability"—The examination was then adjourned until 3rd May—Davidson was then again brought up to be examined—this is it—"Were you at Neufchatel, in Switzerland, in Jan., 1855? I must decline to answer any question at present, because I am advised that the proceedings in the bankruptcy are informal and irregular, and that I am not therefore now bound to make any disclosures; and I decline for the further reason that criminal pro
<lb/>ceedings have been commenced against me, and that other proceedings of the same character are threatened with reference to matters connected with this bankruptcy, and by submitting to be examined 1 may be compelled to disclose that which may be used against me is such criminal proceedings. Have you any further answer to give to the question that has been put to you? No, Sir"—Gordon was examined on both occasions, just the same on the 17th and on 3rd May—he declined to answer on the same grounds and in the same way.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BYLES</hi>.
<hi rend="italic">Q.</hi> They were brought from Newgate in custody I believe?
<hi rend="italic">A.</hi> I believe so.</p>
<hi rend="smallCaps">MR. BARON ALDSRSON</hi>
<hi rend="italic">was of opinion, that it would be wrong to ask the Jury to infer anything against the bankrupts from the fact of their declining to answer the questions then put to them; it would be a violation of the privilege possessed by every man, not to say anything that might tend to criminate himself</hi>.
<hi rend="smallCaps">MR. BALLANTINE</hi>
<hi rend="italic">contended that by the terms of the Bankrupt Act the bankrupts were bound at that time to account, and so strongly did Lord Eldon entertain the same view that he had used the remarkable expression that a bankrupt was bound to answer, even if in so doing he put a halter round is neck</hi>.
<hi rend="smallCaps">MR. BARON ALDERSON</hi>
<hi rend="italic">could not concur in that view</hi>.)</p>
<xptr type="pageFacsimile" doc="185512170048"/>
<hi rend="smallCaps">
<persName id="t18551217-name-167" type="witnessName">
<interp inst="t18551217-name-167" type="gender" value="male"/>
<interp inst="t18551217-name-167" type="surname" value="OLIVE"/>
<interp inst="t18551217-name-167" type="given" value="WILLIAM"/>WILLIAM OLIVE</persName> </hi>. I am supervisor to the Commissioners of Excise. I was the officer visiting the West Ham Distillery in June, 1854—when they left, 7,400
<hi rend="italic">l</hi>. was due to the Excise.</p>
<hi rend="smallCaps">MR. CHAMBERS</hi>.
<hi rend="italic">Q.</hi> What are you reading from?
<hi rend="italic">A.</hi> This is a warrant granted by two county Magistrates for the recovery of duties—it is not a writ of extent—it is dated 20th June, 1854, and is for 14,846
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>.—I know of my own knowledge how much was due—I recovered it after I was before the Magistrate—when duties are due, and are demanded and not paid on demand, we can go before a Magistrate and get a warrant.</p>
<hi rend="smallCaps">MR. BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Had you demanded any duties of Davidson and Gordon?
<hi rend="italic">A.</hi> Yes, on 19th June—I was ordered by the Commissioners to demand it—I have not got any cheques of the bankrupts in my bands that have not been paid—a cheque for 2,070
<hi rend="italic">l</hi>. was given to me on the 17th—it was a crossed cheque upon the Bank of England, and I enclosed it in a letter of advice to the chief cashier of the Bank of England by that morning's post—I had no other cheque of theirs—I had not made any application to Davidson and Gordon for duties before the 17th—we do not give any credit—I received the cheque for 2,070
<hi rend="italic">l</hi>.—it has not been paid—here is a cheque for 1,600
<hi rend="italic">l</hi>. dated 12th June, one for 2,400
<hi rend="italic">l</hi>. on 14th June, and one for 1,200
<hi rend="italic">l</hi>. on 17th June—they amount to 7,270
<hi rend="italic">l</hi>.—I only received this one for 2,070
<hi rend="italic">l</hi>.</p>
<hi rend="smallCaps">
<persName id="t18551217-name-168" type="witnessName">
<interp inst="t18551217-name-168" type="gender" value="male"/>
<interp inst="t18551217-name-168" type="surname" value="BOWER"/>
<interp inst="t18551217-name-168" type="given" value="JOHN ADAMS"/>JOHN ADAMS BOWER</persName> </hi>. I am a clerk in the Bank of England. I pre
<lb/>sented this cheque for 2,070
<hi rend="italic">l</hi>. at Burnett's—it was not paid.</p>