<!-- © 2003-2008 Old Bailey Proceedings Online -->
<div0 type="sessionsPaper" id="t18570302">
<interp inst="t18570302" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302" type="date" value="18570302"/>
<xptr type="pageFacsimile" doc="185703020001"/>
<xptr type="transcription" doc="18570302"/>
<div1 type="frontMatter" id="f18570302">
<interp inst="f18570302" type="uri" value="sessionsPapers/18570302"/>
<interp inst="f18570302" type="date" value="18570302"/>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<hi rend="largeCaps">FINNIS, MAYOR. FIFTH 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, March</hi> 2
<hi rend="italic">nd</hi>, 1857.</p>
<hi rend="largeCaps">PRESENT</hi>—Right Hon. the
<hi rend="largeCaps">LORD MAYOR</hi>; Mr.
<hi rend="smallCaps">RECORDER</hi>.; Sir
<hi rend="smallCaps">ROBERT</hi>.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-1" type="witnessName">
<interp inst="t18570302-name-1" type="gender" value="male"/>
<interp inst="t18570302-name-1" type="surname" value="CARDEN"/>
<interp inst="t18570302-name-1" type="given" value="WALTER"/>WALTER CARDEN</persName> </hi>., Knt., Ald; Mr. Ald.
<hi rend="smallCaps">ROSE</hi>.; and Mr. Ald.
<hi rend="smallCaps">HALE</hi>.</p>
<hi rend="italic">Before Mr. Recorder and the First Jury.</hi> </p>
<div1 type="trialAccount" id="t18570302-362">
<interp inst="t18570302-362" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-362" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-362-charge-1" targOrder="Y" targets="def1-362-18570302 t18570302-362-offence-1 t18570302-362-verdict-1"/>
<join result="criminalCharge" id="t18570302-362-charge-2" targOrder="Y" targets="def1-362-18570302 t18570302-362-offence-2 t18570302-362-verdict-1"/>
<persName id="def1-362-18570302" type="defendantName">
<interp inst="def1-362-18570302" type="gender" value="male"/>
<interp inst="def1-362-18570302" type="surname" value="PARISH"/>
<interp inst="def1-362-18570302" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY PARISH</hi> </persName> was indicted
<rs id="t18570302-362-offence-1" type="offenceDescription">
<interp inst="t18570302-362-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18570302-362-offence-1" type="offenceSubcategory" value="forgery"/> for feloniously forging and utter
<lb/>ing a receipt for the payment of 6
<hi rend="italic">l</hi>.; with intent to defraud:</rs> he was
<rs id="t18570302-362-offence-2" type="offenceDescription">
<interp inst="t18570302-362-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t18570302-362-offence-2" type="offenceSubcategory" value="perjury"/>
<hi rend="italic">also</hi> indicted for wilful and corrupt perjury.</rs> </p>
<hi rend="italic">The prosecutor did not appear.</hi> </p>
<hi rend="smallCaps">
<rs id="t18570302-362-verdict-1" type="verdictDescription">
<interp inst="t18570302-362-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18570302-362-verdict-1" type="verdictSubcategory" value="noProsecutor"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18570302-363">
<interp inst="t18570302-363" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-363" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-363-charge-1" targOrder="Y" targets="def1-363-18570302 t18570302-363-offence-1 t18570302-363-verdict-1"/>
<persName id="def1-363-18570302" type="defendantName">
<interp inst="def1-363-18570302" type="gender" value="male"/>
<interp inst="def1-363-18570302" type="surname" value="MISSENDEN"/>
<interp inst="def1-363-18570302" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM MISSENDEN</hi> </persName> was indicted
<rs id="t18570302-363-offence-1" type="offenceDescription">
<interp inst="t18570302-363-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570302-363-offence-1" type="offenceSubcategory" value="animalTheft"/>for stealing 1 heifer, price 11
<hi rend="italic">l</hi>.; the property of
<persName id="t18570302-name-4" type="victimName">
<interp inst="t18570302-name-4" type="gender" value="male"/>
<interp inst="t18570302-name-4" type="surname" value="GIBSON"/>
<interp inst="t18570302-name-4" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18570302-363-offence-1 t18570302-name-4"/>William Gibson</persName>.—2nd
<hi rend="smallCaps">COUNT</hi>., feloniously receiving the same.</rs> </p>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18570302-name-5" type="witnessName">
<interp inst="t18570302-name-5" type="gender" value="male"/>
<interp inst="t18570302-name-5" type="surname" value="TOMKINS"/>
<interp inst="t18570302-name-5" type="given" value="THOMAS"/>THOMAS TOMKINS</persName> </hi>. (
<hi rend="italic">a prisoner</hi>). I was tried and convicted at the last session of stealing this heifer—I do not know how I originally became possessed of that heifer—I saw it at Kingston on Wednesday, 12th Nov., about 10 o'clock in the morning, in the meadow, along with the other beasts—Mr. Beauchamp let me into the meadow—I first saw the other beasts that the heifer was with, in the meadow; I saw them all in the meadow together that morning—I recollect seeing Mr. Beauchamp on the 13th; we were then getting them out of the field to take them to the fair—that was on the Thursday; I was acting for Missenden—I saw Missenden that Wednesday morning, he was along with me; there were five or six of us together—I had come from Kingsbury on the Tuesday morning, the 11th—I went to meet some beasts at the Harrow station; they were Missenden's beasts—I did not see Missenden on the Tuesday; he sent his man down to me from London to tell me to go to Harrow to meet the beasts; that was a drover of his, Joseph Hosier—on the Tuesday I drove those beasts from the Harrow Station to Hampton Wick—a gentleman they called Mr. Beau
<lb/>champ took them away from me on the bridge, some of them; there were</p>
<xptr type="pageFacsimile" doc="185703020002"/>
<p>four more persons besides me with them—I expect he put them into the field; they were there on the Wednesday morning when I went there—to my knowledge that was the first time I saw that heifer—I do not believe I ever saw it before, I do not recollect; it might have been among the rest, without my noticing it—I saw Missenden on the morning of the fair, and the beasts were driven to the fair—the heifer was left in the field, and Missenden said, he should not take it into the fair, because it had had the bull, and was not fit to go into the fair; and the bull, he said, was not trimmed, and he should not have that in—the beasts that were taken to the fair, and were unsold, were brought back in the evening, and put into the field again, where the heifer and the bull were—they went out again next morning, the heifer and the bull were still left—the beasts were all sold on the second day—the bull and heifer were still left there—I did not hear any conversation between Missenden and Beauchamp about the bull and heifer being left—I left Kingston after the fair—I believe Missenden left also—I saw Missen
<lb/>den again about a fortnight afterwards; nothing was then said about the beasts; it was about a week after that that he spoke about the bull and heifer, he then ordered me to fetch them away and sell them—I then went down to Mr. Beauchamp, and got them away—it was in Smithfield that I saw Missenden—he said, "I think you had better go down to Kingston, and get the bull and heifer, and sell them, for it has been very sharp weather, and they will want a bit of hay; they will get worse if they lay there any longer, perhaps"—I said, "Very well," and I went and did it—he did not say anything further; he did not say anything about what I was to do with the money; he owed me some money, and he said I was to see him after they were sold, and then we would square up our accounts—I do not know what it was that he owed me; it was for work done for him, and keep and money I had paid his men, and one thing or another—there was an account between us—I did get both the bull and heifer, and sold them; I did not see Missenden afterwards until I saw him at Edgware after I was in custody.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> Where did you live?
<hi rend="italic">A.</hi> At Kings
<lb/>bury—I know Mr. Gibson, the prosecutor—I believe he lives at Greenford, he told me so; I do not know where he lives, except from what he told me—Greenford is about three and a half or four miles from my place—I am a drover; I have got a bit of land—I know Mr. Kench, the owner of the bull; he lives at Woodcock-hill farm, in Harrow parish, about two and a half miles from where I live—I live four miles from Harrow station—it was on the Tuesday morning that I went to the Harrow station with the beasts—I received thirty-four beasts at the Harrow station; they were heifers and bullocks; some lad of Missenden's was there with them, I do not know his name—(
<hi rend="italic">looking at a boy named Hickmott</hi>) that is the boy—I counted them—they were to be driven to my field—I am sure there were thirty—four—I do not know whether the boy counted them or not—I did—he and I did not have any conversation about the number; that was the only number I received on the Saturday—a second lot came in the night—they were bullocks and heifers, I believe; there were fifty of them on the Sunday morning when I went into the field—I do not know how many there were put in my field, because I was abed when they came; I only know that I found fifty on the Sunday morning—I had nobody up to receive them, they knew where the field was—I do not know that I was responsible to Missen
<lb/>den for them—I was not up when that second lot arrived; I suppose it was about 11 o'clock—I did not go with the boy to the field next morning—a</p>
<xptr type="pageFacsimile" doc="185703020003"/>
<p>person named Goodchild helped me to drive the first lot, and helped me to put them into the field—the two lots were not put into the same field—I believe the second lot was put into the field where I counted the fifty next morning—the first lot arrived at Harrow station about 2 o'clock—they got to my place about 4 o'clock, I believe—I was abed when the second lot arrived; I believe it was about 11 o'clock when they called up at my window—I went into the field next morning where the fifty beasts were, but the boy never went with me, I will swear that—the boy was not in the field with me—I did not ask the boy next day how many he had brought—James Barton helped bring the second lot, I believe—I am sure the boy did not say to me, "Why, here are fifty, and only forty-nine are my master's; that bull is not ours"—I believe that was the only bull among that lot—I saw the heifer at Kingston, but I did not know but it belonged to Mis
<lb/>senden—I know the description of heifer—I cannot undertake to say whether she was among the fifty that morning; I will not say one way or the other—there were Borne of all sorts among the fifty—I think there were some half—bred heifers—the first I saw of the heifer was at Kingston—Barton, and Hosier, and Mark Richardson drove one lot; Barton and Hosier drove the fifty, among which was the bull; Mark Richardson drove the thirty-four—I went to the Harrow station, to meet his man with some more; that was on the Tuesday—I do not know what number I received on the Tuesday—there were some bullocks and some heifers, some of all sorts—we took them straight from the station to Kingston; the other two lots had started from my place at 8 o'clock, and this lot did not arrive from the Harrow station till 3 or 4 o'clock in the afternoon—the first lot started between 7 and 8 o'clock, and the other about 8 o'clock or a little after—I saw them; they were counted; I counted thirty—four in one lot, and fifty in another, and then I went to the station for the others—I had not seen Missenden since the Friday before—he had made arrangements that whatever number of cattle there was, they should stop at my place, and that I was to assist in driving them to the fair——I arrived at Kingston on the Tuesday night—there were three lots put into Mr. Beauchamp's field—the two lots that started from my place were put into the same field—there were some cattle of Mr. Beauchamp's in the field, I believe, I do not know how many there were of them j the rest were taken to a field, some of them were bulls—the bulls were separated from the rest—we divided them on Kingston bridge—I separated all the bulls that were in that lot—we took them on, I helped to drive them; there was myself and three or four more—Mr. Beauchamp took the oxen and heifers away from me, and drove them into his field, I suppose—I do not know what he did with them, they were there in the morning—that was on the Tuesday—I did not see Missenden on the Wednesday—I was trimming bulls on the Wednesday—I went to Mr. Beauchamp's on the Wednesday, to see if there was a dead one among them, or anything the matter—Mr. Beauchamp and I had no conversation about the number—I mean to say, that although I was driving Mr. Missenden's cattle, I did not know what the exact number was, because his own men came up with them by rail; they knew the number, I did not—I saw Mr. Beauchamp on the Thursday morning in the field, between 7 and 8 o'clock—I saw Missenden—that was before the cattle were driven out of the field—he had got more men there to attend to the bulls; there were eleven or twelve men alto
<hi rend="italic">Q.</hi> Do yon mean to say that all the cattle were driven out of the field with the exception of the bull and heifer?
<hi rend="italic">A.</hi> There were some left of Mr.</p>
<xptr type="pageFacsimile" doc="185703020004"/>
<p>Beauchamp's, and somebody else's, I do not know what number—I assisted in driving them out, I helped to drive a lot of heifers, I believe there were fifty-four of them; I helped to drive them with two more men and a boy—I remained at Kingston fair during the Thursday and Friday—I returned home on Saturday—I was paid a little money in Kingston fair, by Missen
<lb/>den, it was 2
<hi rend="italic">l</hi>.; that was for what I had paid away for his men, and one thing or another; no, it was 4
<hi rend="italic">l</hi>—he paid me that on the second day of the fair, nobody was present—he had owed me money for three months before then—the 4
<hi rend="italic">l</hi>. did not pay me all that he owed me; I do not know how much was left, for I never reckoned it up—perhaps it might have been 10
<hi rend="italic">l</hi>., or 20
<hi rend="italic">l</hi>—it was not so much as 30
<hi rend="italic">l</hi>., and I do not think it was 20
<hi rend="italic">l</hi>.; but I am not sure, I cannot say what it was—I had an account written down on paper; I have not got that with me, I have lost it, I lost it coming home from Kingston—I brought it to Kingston with me; I did not look at it there—I know I had it, because I had pulled it out in the fair once, and had it in my hand—when Missenden gave me the 4
<hi rend="italic">l</hi>., I did not show him the document, and say, "Why, you owe me a great deal more than that;" he gave me the 4
<hi rend="italic">l</hi>., and I thought it was on account, of course—some gen
<lb/>tleman was about buying some beasts of him, and he left me—I lost the book on my way home—I had no conversation with Mr. Beauchamp about selling either the bull or the heifer—when I fetched it away I had; I did not do so after the fair and before I left, for I never saw Beauchamp after the fair—I did not ask Mr. Beauchamp more than once to buy the bull or heifer—I will swear that—I sold the heifer to Mr. Vickers, he is a far
<lb/>mer, living near me—it was in Smithfield that Mr. Missenden told me to go down and fetch the bull and heifer; Joseph Barton was present, nobody else; it was against his sheep pens, where he stands, in Smithfield—I was in the dock on the last occasion—I heard Barton give evidence—I believe he was close to me at the time—Missenden said I was to fetch them away and sell them, and after I had sold them, I was to see him and square our accounts—I believe they were the exact words—I believe Barton heard that—it was about ten days after that that I sold the heifer—I went down to Kingston that same night, and took the heifer and bull away next day; the heifer was at home in my field for that ten days—I sold the bull on the Tuesday night to Mr. Fairey, the same day that I took it away from King
<lb/>ston—Mr. Fairey paid me 9
<hi rend="italic">l</hi>. for it—I did not send an account of it to Missenden, because I had not then sold the heifer—I did not tell Fairey to whom the bull belonged, I said nothing about it—I did not tell Fairey that I had bought the bull at Hendon, I will swear that—ten days elapsed before I disposed of the heifer, it was in my field during that time, not among other cattle—I did not tell Mr. Fairey that I had brought the bull from Hendon, I told him I had brought it to sell, that was all—I sold the heifer to Mr. Vickers—I got no money from him.</p>
<hi rend="italic">Q.</hi> That went to pay an account that you owed him?
<hi rend="italic">A.</hi> He never said anything to me about what I owed him when I sold him the heifer; he never said anything to me about its going towards my account—I did not ask him for the money, because I had got some sheep in the road, and I did not stop to take the sheep into the field—he was to give me 8
<hi rend="italic">l</hi>. for it—I should have asked him for the money two or three days afterwards, when I saw him—I did owe him some money, I do not know exactly how much—it was two days after I had sold the heifer to Mr. Vickers that I was taken up—while I was before the Magistrate, I believe the heifer was brought there to be identified—I did not say when I was apprehended, that I had sent</p>
<xptr type="pageFacsimile" doc="185703020005"/>
<p>the bull down into the country—I told Missenden's man I had taken it away, I did not say where I had taken it to—I did not say I had sent it down into the country to Missenden—I had not time to account with Missenden for the money for the bull or the heifer.</p>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> What did you tell the officer when you were appre
<hi rend="italic">A.</hi> I told him that I was employed by Missenden to sell them, and I had sold them—I went to Harrow by Missenden's directions to meet these cattle; there were other men there belonging to Missenden—I remained with these cattle until they were delivered at Kingston—Barton was called on the last occasion, I do not think he was called for the prose
<lb/>cution—Hicktmott is a boy working for Missenden—I believe he was called by Missenden at the last trial, and Hosier also—I did ask Mr. Beauchamp to buy the heifer, when I fetched it away—I was taken into custody on the Sunday, I saw Missenden on the Monday morning.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-6" type="witnessName">
<interp inst="t18570302-name-6" type="gender" value="male"/>
<interp inst="t18570302-name-6" type="surname" value="GIBSON"/>
<interp inst="t18570302-name-6" type="given" value="WILLIAM"/>WILLIAM GIBSON</persName> </hi>. I am a farmer, and reside at Sudbury. I had a heifer at Mr. Wilson's, at Greenford, and saw it there on 9th Nov.—I missed it on the 11th—I did not see it again until Sunday, 21st Dec; it was then in Mr. Vickers's field—that was the day Tomkins was apprehended—that was my heifer—I saw Tomkins, and bad some communication with him—I went down to Missenden's place on Saturday, the 19th, with Mr. Kench, to whom the bull belonged—I had previously seen him on the Friday in Smithfield; I then said to him, "Did you leave a bull and heifer at Hampton paddock?"—he said, "Yes"—I said, "It is my heifer, not the least doubt"—he said, "What can you tell it by?"—I said, "There is a man in the market here now that has seen them there"—I went and fetched the man to him, and said, "That is the man that told me about my heifer being in Hampton paddock"—it was Mr. Monk's man; he was not called last time; I forget his name; he is. here now—he said, "You keep quiet till Monday, and I will see about it"—I then went and told Mr. Kench—I had some conversation with him, and next morning we went down to Mr. Missenden's, at Water Eaton; we saw him, and I said to him, "I seem. very uneasy about this heifer Mr. Missenden"—he said, "I pro
<lb/>mised to meet you on Monday, but I cannot, for I have got to go to Newport Pagnel fair;" and he begged of us to leave it over till Tuesday; he said, "Leave it by, I can't say where it is"—I said, "You know where it is now"—he said, "I can't tell you where it is now, but you shall have your bull and heifer at Harrow station, between 9 and 10 o'clock, on Tuesday morning"—I said to Mr. Kench, "I am not very easy about them; I think Mr. Missenden knows a great deal more about this"—I said that in Missenden's hearing—Mr. Kench said we had better go home, and we did; and as soon as I had got home, a person came and told me where the heifer was—I went to Kingsbury, and saw it on the Sunday—on Monday I went down again, and saw Missenden; I said, "Halloo! who would have thought of seeing you here?"—he found out that the policeman was there, and said, "I suppose you mean about this heifer then; I don't know anything of it I remained there with him all that night, but he did not say anything else—he did not give me any account whatever as to how he had become pos
<lb/>sessed of the animals—we then brought him to Edgware, and there he saw Tomkins—he said to him, "
<hi rend="italic">Tom</hi>, what have you done with the bull?—Tomkins said, "What did you tell me to do with it?"—he said, "What did I?"—Tomkins said, "Did you not tell me to take it to the Ram yard, Smithfield, to
<hi rend="italic">Bill</hi> Fairey's, and have it killed?"—he said, "I don't know anything of it"—they then shut the door, and would not allow him to say any more; the policeman was present—I believe I had told the prisoner on</p>
<xptr type="pageFacsimile" doc="185703020006"/>
<p>the Sunday that I had found the heifer at Mr. Vickers's—I do not recollect what he said upon that—he did not seem particularly surprised about it.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did he say at any time where he believed he had bought the heifer?
<hi rend="italic">A.</hi> At one time he said he fancied he had bought it of Shadrach Tomkins; he had bought some heifers, but he said all Shadrach Tomkins's heifers were marked, and it could not be one of those; they were half bred heifers, and this was a half bred heifer.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-7" type="witnessName">
<interp inst="t18570302-name-7" type="gender" value="male"/>
<interp inst="t18570302-name-7" type="surname" value="TOMKINS"/>
<interp inst="t18570302-name-7" type="given" value="THOMAS"/>THOMAS TOMKINS</persName> </hi>.
<hi rend="italic">re-examined.</hi> I did not at any time say to Mr. Gibson that I had the heifer, and that Missenden had the bull, and that it was gone home.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-8" type="witnessName">
<interp inst="t18570302-name-8" type="gender" value="male"/>
<interp inst="t18570302-name-8" type="surname" value="GIBSON"/>
<interp inst="t18570302-name-8" type="given" value="WILLIAM"/>WILLIAM GIBSON</persName> </hi>.
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> I believe, on the same day that you found your heifer, you saw Tomkins?
<hi rend="italic">A.</hi> Yes, on the Sunday morning—Mr. Kench was with me; he said to Tomkins, "Gibson has found his heifer, and where is the bull?"—Tomkins replied, "I had the heifer, and the bull has gone down by Missenden's man"—he afterwards said, "I shan't say any more, and you can't make me"—he was then taken into custody—I did not know that Tomkins had sold the bull to Fairey until after Missenden was in custody—it had not been arranged with the policeman that Missenden should put the questions he did to Tomkins About the bull.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-9" type="witnessName">
<interp inst="t18570302-name-9" type="gender" value="male"/>
<interp inst="t18570302-name-9" type="surname" value="KINCH"/>
<interp inst="t18570302-name-9" type="given" value="NATHANIEL"/>NATHANIEL KINCH</persName> </hi>. I went down with Mr. Gibson on the Saturday; that was the first time I saw Missenden with reference to this matter—I have heard the statement Mr. Gibson has made—it is correct as to the meaning, but not exactly the same words—Missenden was not at home when we went, we waited till he came home; we then told him that we had come to see about a bull and a heifer—I understood from Mr. Gibson that they
<hi rend="italic">were</hi> in Kingston paddock—he said that it was a most singular thing, but he had not sold a bull since Kingston fair, and sometimes he had sold eight, or ten, or twenty in that time—he also told us that the bull and the heifer should be at the Harrow station on the Tuesday—I do
<hi rend="italic">not</hi> now recollect anything which was said on the Sunday which Mr. Gibson has not told you.</p>
<hi rend="italic">Cross-examined. Q.</hi> Did you hear Mr. Gibson give any description of the heifer to Missenden?
<hi rend="italic">A.</hi> Yes; he described it as a half bred heifer, with a speckled face—after that I heard Missenden say that he had bought some half bred heifers of a man named Shadrach Tomkins, and he fancied he might have bought it among them—I asked him if they were marked—he said, "No"——I said, "This heifer was not marked"—he said, "No"—they had not all a private mark; this heifer had a mark by which I should know her again, because it was a remarkable one.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Do you mean that you asked Missenden whether this heifer was marked, and he said "No?"
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-10" type="witnessName">
<interp inst="t18570302-name-10" type="gender" value="male"/>
<interp inst="t18570302-name-10" type="surname" value="LOTES"/>
<interp inst="t18570302-name-10" type="given" value="JOHN"/>JOHN LOTES</persName> </hi>. (
<hi rend="italic">policeman</hi>). I took Tomkins and found a receipt on him—I have not got it, it was left here on the last occasion.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-11" type="witnessName">
<interp inst="t18570302-name-11" type="gender" value="male"/>
<interp inst="t18570302-name-11" type="surname" value="BEAUCHAMP"/>
<interp inst="t18570302-name-11" type="given" value="JOHN"/>JOHN BEAUCHAMP</persName> </hi>. I am a dairyman of Hampton Wick; I let out my field to persons having cattle for the fair. In November last Missenden came and asked if I had got some grass to let; he looked at it, took it, and said that he was going to turn some cattle in to grass for the fair—he was to pay 6
<hi rend="italic">l</hi>.; he paid me 1
<hi rend="italic">l</hi>. deposit, and the remainder when he took the
<hi rend="italic">things</hi> out—I cannot say how many he turned in, as it is so long ago; but not so many as he had agreed—I afterwards saw Tomkins driving some bulls and heifers—I separated them, and put the heifers on my land—Mr. Gibson's heifer was not among them—some bulls came with the heifers, but I cannot say whether this particular bull came—I recollect the bull and</p>
<xptr type="pageFacsimile" doc="185703020007"/>
<p>heifer which were left, not taken into the fair—I cannot tell when the bull came—I recollect the morning of the fair; I went to open the gate to let the
<hi rend="italic">things</hi> out, and
<hi rend="italic">Missenden</hi> said that he should not take the heifer out, because she had taken the bull the night before, and was not fit to go—a bull was also left; that was the same bull which three weeks afterwards was taken away by Tomkins—he gave no reason why he left the bull; he never said a word about it—the bull and heifer having been left at my place, I saw some of the cattle which were not sold, brought hack in the evening—they were taken out again on the next morning, but the bull and heifer were left in my field still—on 14th Nov., the second day of the fair, I saw John Smith, and took him down from his own house, when I was going into the field—we saw Missenden there, but what we said was not in his hearing, as there are eighty-six acres of land there; I just got into the field, and said, "There is Mr. Missenden, he will tell you all about it," and then walked away, and left them talking together—after Smith went away, I went and looked at the cattle, and said to Missenden, if he had anything left, to put them in the field; and when I went over to the fair, Missenden said, "What I have left I will pay you 18
<hi rend="italic">d</hi>. per head per week for; and whatever I put in the field, I will send one of my men or a note"—the same bull and heifer were left there three weeks and a half; Tomkins and another man then came for them, and Tomkins paid me 10
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., which was right, and I receipted the bill in pencil, which is the bill found on Tomkins.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">to</hi>
<hi rend="smallCaps">THOMAS TOMKINS</hi>.
<hi rend="italic">Q.</hi> When you sent away the bull and heifer from Mr. Beauchamp's, was anybody with you?
<hi rend="italic">A.</hi> James Barton, who was examined here last time.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-12" type="witnessName">
<interp inst="t18570302-name-12" type="gender" value="male"/>
<interp inst="t18570302-name-12" type="surname" value="BEAUCHAMP"/>
<interp inst="t18570302-name-12" type="given" value="JOHN"/>JOHN BEAUCHAMP</persName> </hi>.
<hi rend="italic">Cross-examined Q.</hi> Do you know the man's name?
<hi rend="italic">A.</hi> I do not—throughout the whole of this transaction Missenden never said anything about the bull—when he said that the heifer had had the bull, he was about twenty yards from the heifer, or perhaps fifty—she was grazing by herself, but other cows were in the field; she was a half bred heifer—there were other half bred heifers among Mr. Missenden's cattle—Tomkins said, two or three times, before he came out of the meadow gate, when he came to fetch them, "Why do you not buy the heifer?" and he also said so when he got through Kingston gate—I said, "I do not want"—he asked me twice what I thought the bull was worth, and I said, "About 9
<hi rend="italic">l</hi>. "—I had never had dealings with Missenden before—he engaged to pay me a certain sum for the grass, and he did pay it.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Could you see that the heifer had had the bull?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-13" type="witnessName">
<interp inst="t18570302-name-13" type="gender" value="male"/>
<interp inst="t18570302-name-13" type="surname" value="SMITH"/>
<interp inst="t18570302-name-13" type="given" value="JOHN CLOWES"/>JOHN CLOWES SMITH</persName> </hi>. I was at Kingston on the second day of the fair, the 14th—Beauchamp called on me, and I went down to the field with him—he first pointed out the heifer which was for sale, and then pointed out Missenden, and said to him, "Here is Mr. Smith, and he will buy the heifer"—I asked Missenden the price; he said, "11
<hi rend="italic">l</hi>.;" I said, "Oh, no; I cannot think of giving that price;" he said that he could not take less, and I walked out again.</p>
<hi rend="italic">Cross-examined. Q.</hi> Were there other cattle in the field?
<hi rend="italic">A.</hi> Yes; a good many—I was 300 yards from the heifer—I did not draw his attention to this particular heifer; nothing was said but, "the heifer"—Missenden and another man were driving some other beasts out of the field, and there were other beasts in the field; I do not know whether they were heifers or what—the bull might have been there, but I did not see him to my knowledge.</p>
<hi rend="italic">The prisoner received an excellent character.</hi>)</p>
<hi rend="smallCaps">
<rs id="t18570302-363-verdict-1" type="verdictDescription">
<interp inst="t18570302-363-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18570302-363-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18570302-364">
<interp inst="t18570302-364" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-364" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-364-charge-1" targOrder="Y" targets="def1-364-18570302 t18570302-364-offence-1 t18570302-364-verdict-1"/>
<xptr type="pageFacsimile" doc="185703020008"/>
<persName id="def1-364-18570302" type="defendantName">
<interp inst="def1-364-18570302" type="gender" value="male"/>
<interp inst="def1-364-18570302" type="age" value="29"/>
<interp inst="def1-364-18570302" type="surname" value="BERRY"/>
<interp inst="def1-364-18570302" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES BERRY</hi> </persName>
<rs id="t18570302-364-offence-1" type="offenceDescription">
<interp inst="t18570302-364-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570302-364-offence-1" type="offenceSubcategory" value="embezzlement"/>, embezzling 2
<hi rend="italic">l</hi>. 0
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.; the moneys of
<persName id="t18570302-name-15" type="victimName">
<interp inst="t18570302-name-15" type="gender" value="male"/>
<interp inst="t18570302-name-15" type="surname" value="PRICE"/>
<interp inst="t18570302-name-15" type="given" value="REES PERRY NAPOLEON"/>
<join result="offenceVictim" targOrder="Y" targets="t18570302-364-offence-1 t18570302-name-15"/>Rees Perry Napoleon Price</persName>, his master.</rs> </p>
<hi rend="smallCaps">
<persName id="t18570302-name-16" type="witnessName">
<interp inst="t18570302-name-16" type="gender" value="male"/>
<interp inst="t18570302-name-16" type="surname" value="HOPKINS"/>
<interp inst="t18570302-name-16" type="given" value="JOHN"/>JOHN HOPKINS</persName> </hi>. I am apprentice to Mr. Laxton, of Spring-street, Pad
<lb/>dington. On 21st Jan., the prisoner called at the shop for 2
<hi rend="italic">l</hi>. 0
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., which was paid him, and he gave this receipt: "Received of Mr. Laxton, 2
<hi rend="italic">l</hi>. 0
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., for value received. James Berry. Jan. 21, 1857."</p>
<hi rend="smallCaps">
<persName id="t18570302-name-17" type="witnessName">
<interp inst="t18570302-name-17" type="gender" value="male"/>
<interp inst="t18570302-name-17" type="surname" value="LYON"/>
<interp inst="t18570302-name-17" type="given" value="JOHN"/>JOHN LYON</persName> </hi>. I have been in partnership with Rees Perry Napoleon Price since 2nd June last; previous to which 2
<hi rend="italic">l</hi>. 0
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. was due to him. The pri
<lb/>soner was engaged in Dec. last, as traveller and warehouseman—I carry on the City portion of the business, and Mr. Price the West End—I gave the prisoner instructions to bring all money at once to me, immediately he received it—he knew nothing about what moneys belonged to the firm before I joined it—he produced an order from Mr. Laxton, and I said, "Have you got his money?"—he said, "No, I did not know there was anything due"—I said, "If you will refer to the paper I gave you, you will see that there is 2
<hi rend="italic">l</hi>. 0
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. due"—he said, "I will call for it"—he has never accounted to me for it, and I was not aware that he had received it till he was before the Lord Mayor, on another charge—he left our service; I had engaged him for a month, but finding he was doing so little, I advised him to get something better—his salary was paid him when he left, and when the orders were paid he was to receive 2 1/2 percent., but nothing was due to him.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-18" type="witnessName">
<interp inst="t18570302-name-18" type="gender" value="male"/>
<interp inst="t18570302-name-18" type="surname" value="WEBB"/>
<interp inst="t18570302-name-18" type="given" value="HENRY"/>HENRY WEBB</persName> </hi>. (
<hi rend="italic">policeman</hi>). I apprehended the prisoner on the 29th Jan.</p>
<hi rend="italic">Prisoner's Defence.</hi> With regard to the embezzlement, I have a set off due to me for commission on goods sold, and the prosecutors have a letter of guarantee for 100
<hi rend="italic">l</hi>. from my father.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-19" type="witnessName">
<interp inst="t18570302-name-19" type="gender" value="male"/>
<interp inst="t18570302-name-19" type="surname" value="LYON"/>
<interp inst="t18570302-name-19" type="given" value="JOHN"/>JOHN LYON</persName> </hi>.
<hi rend="italic">re-examined.</hi> At the time I paid his wages, he made no claim on me for commission—the amount due to him, supposing all the orders were paid, would be a fraction below 8
<hi rend="italic">s</hi>.</p>
<hi rend="italic">Prisoner.</hi> I made an application to you for a sovereign commission on the night when I was supposed to be discharged.
<hi rend="italic">Witness.</hi> You did not.</p>
<rs id="t18570302-364-verdict-1" type="verdictDescription">
<interp inst="t18570302-364-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-364-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>. Aged 29.
<hi rend="italic">Recommended to mercy by the Prosecutor.</hi> </rs>
<hi rend="italic">
<rs id="t18570302-364-punishment-1" type="punishmentDescription">
<interp inst="t18570302-364-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t18570302-364-punishment-1" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-364-18570302 t18570302-364-punishment-1"/>Confined Twelve Months</rs>.</hi> </p>
<hi rend="italic">There were two other indictments against the prisoner</hi>).</p> </div1>
<div1 type="trialAccount" id="t18570302-365">
<interp inst="t18570302-365" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-365" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-365-charge-1" targOrder="Y" targets="def1-365-18570302 t18570302-365-offence-1 t18570302-365-verdict-1"/>
<persName id="def1-365-18570302" type="defendantName">
<interp inst="def1-365-18570302" type="gender" value="male"/>
<interp inst="def1-365-18570302" type="age" value="27"/>
<interp inst="def1-365-18570302" type="surname" value="DENIS"/>
<interp inst="def1-365-18570302" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES DENIS</hi> </persName>
<rs id="t18570302-365-offence-1" type="offenceDescription">
<interp inst="t18570302-365-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570302-365-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, stealing 160 yards of silk, and other goods, value 100
<hi rend="italic">l</hi>.; the goods of
<persName id="t18570302-name-21" type="victimName">
<interp inst="t18570302-name-21" type="gender" value="male"/>
<interp inst="t18570302-name-21" type="surname" value="UNDERWOOD"/>
<interp inst="t18570302-name-21" type="given" value="SAMUEL"/>
<join result="offenceVictim" targOrder="Y" targets="t18570302-365-offence-1 t18570302-name-21"/>Samuel Underwood</persName> and others, his masters: to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18570302-365-verdict-1" type="verdictDescription">
<interp inst="t18570302-365-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-365-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 27.—
<hi rend="italic">
<rs id="t18570302-365-punishment-2" type="punishmentDescription">
<interp inst="t18570302-365-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18570302-365-punishment-2" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-365-18570302 t18570302-365-punishment-2"/>Confined Eighteen Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18570302-366">
<interp inst="t18570302-366" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-366" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-366-charge-1" targOrder="Y" targets="def1-366-18570302 t18570302-366-offence-1 t18570302-366-verdict-1"/>
<persName id="def1-366-18570302" type="defendantName">
<interp inst="def1-366-18570302" type="gender" value="male"/>
<interp inst="def1-366-18570302" type="age" value="20"/>
<interp inst="def1-366-18570302" type="surname" value="COATES"/>
<interp inst="def1-366-18570302" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM COATES</hi> </persName>
<rs id="t18570302-366-offence-1" type="offenceDescription">
<interp inst="t18570302-366-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570302-366-offence-1" type="offenceSubcategory" value="housebreaking"/>, breaking and entering the dwelling house of
<persName id="t18570302-name-23" type="victimName">
<interp inst="t18570302-name-23" type="gender" value="male"/>
<interp inst="t18570302-name-23" type="surname" value="KOHLER"/>
<interp inst="t18570302-name-23" type="given" value="JOHN DAVID"/>
<join result="offenceVictim" targOrder="Y" targets="t18570302-366-offence-1 t18570302-name-23"/>John David Kohler</persName>, and stealing therein 1 umbrella, and other goods; his property.</rs> </p>
<hi rend="smallCaps">
<rs id="t18570302-366-verdict-1" type="verdictDescription">
<interp inst="t18570302-366-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-366-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 20.—
<hi rend="italic">
<rs id="t18570302-366-punishment-3" type="punishmentDescription">
<interp inst="t18570302-366-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18570302-366-punishment-3" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-366-18570302 t18570302-366-punishment-3"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18570302-367">
<interp inst="t18570302-367" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-367" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-367-charge-1" targOrder="Y" targets="def1-367-18570302 t18570302-367-offence-1 t18570302-367-verdict-1"/>
<join result="criminalCharge" id="t18570302-367-charge-2" targOrder="Y" targets="def2-367-18570302 t18570302-367-offence-1 t18570302-367-verdict-2"/>
<persName id="def1-367-18570302" type="defendantName">
<interp inst="def1-367-18570302" type="gender" value="male"/>
<interp inst="def1-367-18570302" type="age" value="19"/>
<interp inst="def1-367-18570302" type="surname" value="HARRISON"/>
<interp inst="def1-367-18570302" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS HARRISON</hi> </persName> and
<persName id="def2-367-18570302" type="defendantName">
<interp inst="def2-367-18570302" type="gender" value="male"/>
<interp inst="def2-367-18570302" type="age" value="19"/>
<interp inst="def2-367-18570302" type="surname" value="SMITH"/>
<interp inst="def2-367-18570302" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN SMITH</hi> </persName>
<rs id="t18570302-367-offence-1" type="offenceDescription">
<interp inst="t18570302-367-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570302-367-offence-1" type="offenceSubcategory" value="burglary"/>, burglariously breaking and entering the dwelling house of
<persName id="t18570302-name-26" type="victimName">
<interp inst="t18570302-name-26" type="gender" value="male"/>
<interp inst="t18570302-name-26" type="surname" value="CORN"/>
<interp inst="t18570302-name-26" type="given" value="EDWARD JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18570302-367-offence-1 t18570302-name-26"/>Edward John Corn</persName>, and steal
<lb/>ing therein, 1 boot; his property.</rs> </p>
<hi rend="smallCaps">
<persName id="t18570302-name-27" type="witnessName">
<interp inst="t18570302-name-27" type="gender" value="male"/>
<interp inst="t18570302-name-27" type="surname" value="CORN"/>
<interp inst="t18570302-name-27" type="given" value="EDWARD JOHN"/>EDWARD JOHN CORN</persName> </hi>. I am a bootmaker, of Constitution—road, Gray's Inn—road. On Saturday, 7th Feb., I went to bed at 12 o'clock, having shut up my shop—the fan light was safe—I was called up between 7 and 8 o'clock, and found the fan light broken—I missed a boot which had hung close to the fan light, and which could be reached through it by means of a stick and hook, which have been shown to me by the constable—the shop</p>
<xptr type="pageFacsimile" doc="185703020009"/>
<p>forms part of the house—this is the boot, it is my property, and this is the fellow to it (
<hi rend="italic">produced</hi>).</p>
<hi rend="smallCaps">
<persName id="t18570302-name-28" type="witnessName">
<interp inst="t18570302-name-28" type="gender" value="male"/>
<interp inst="t18570302-name-28" type="surname" value="LOTT"/>
<interp inst="t18570302-name-28" type="given" value="JOHN"/>JOHN LOTT</persName> </hi>. (
<hi rend="italic">policeman, G</hi> 144). On the morning of 8th Feb., I was on duty in Gray's Inn-road, in plain clothes, and about 20 minutes to 6 o'clock saw the prisoners outside the prosecutor's shop—I watched them till about half past 6 o'clock, and then asked them what they were doing there; they both said that they were waiting for a man coming from the railway; another policeman came up, and we took them both—I found on Smith the boot produced, he said that he found it at the station; I found on Harrison this treacle plaster—I went to the fanlight and found it broken, and dirtied with treacle plaster, which is used to prevent the glass from falling and making a noise—at a quarter before 6 o'clock Harrison had this stick, with this hook (
<hi rend="italic">produced</hi>) attached to it; but when I took him the hook was in his pocket.</p>
<hi rend="italic">Harrison.</hi> It was past 6 o'clock when I first saw the officer; a milk man can say the same thing.
<hi rend="italic">Witness.</hi> I am sure it was only half past 5 o'clock, and that the window must have been broken before, a quarter to 6 o'clock.</p>
<hi rend="italic">Smith's Defence.</hi> I picked the boot up, and was looking round to see if I could see any more.</p>
<hi rend="largeCaps">HARRISON</hi>
<hi rend="smallCaps">
<rs id="t18570302-367-verdict-1" type="verdictDescription">
<interp inst="t18570302-367-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-367-verdict-1" type="verdictSubcategory" value="withRecommendation"/>GUILTY</rs> </hi>. Aged 19.</p>
<hi rend="largeCaps">SMITH</hi>
<hi rend="smallCaps">
<rs id="t18570302-367-verdict-2" type="verdictDescription">
<interp inst="t18570302-367-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-367-verdict-2" type="verdictSubcategory" value="withRecommendation"/>GUILTY</rs> </hi>. Aged 19.</p>
<hi rend="italic">Recommended to mercy by the Jury.</hi> </p>
<hi rend="italic">
<rs id="t18570302-367-punishment-4" type="punishmentDescription">
<interp inst="t18570302-367-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18570302-367-punishment-4" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-367-18570302 t18570302-367-punishment-4"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-367-18570302 t18570302-367-punishment-4"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, March</hi> 2
<hi rend="italic">nd</hi>, 1857.</p>
<hi rend="largeCaps">PRESENT</hi>—Mr. Ald.
<hi rend="smallCaps">WIRE</hi>.; Mr. Ald.
<hi rend="smallCaps">HALE</hi>.; and Mr.
<hi rend="smallCaps">COMMON SERJEANT</hi>.</p>
<hi rend="italic">Before Mr. Common Serjeant and the Fourth Jury.</hi> </p>
<div1 type="trialAccount" id="t18570302-368">
<interp inst="t18570302-368" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-368" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-368-charge-1" targOrder="Y" targets="def1-368-18570302 t18570302-368-offence-1 t18570302-368-verdict-2"/>
<join result="criminalCharge" id="t18570302-368-charge-2" targOrder="Y" targets="def2-368-18570302 t18570302-368-offence-2 t18570302-368-verdict-1"/>
<persName id="def1-368-18570302" type="defendantName">
<interp inst="def1-368-18570302" type="gender" value="male"/>
<interp inst="def1-368-18570302" type="age" value="54"/>
<interp inst="def1-368-18570302" type="surname" value="WOODMASS"/>
<interp inst="def1-368-18570302" type="given" value="ARTHUR"/>
<hi rend="largeCaps">ARTHUR WOODMASS</hi> </persName>
<rs id="t18570302-368-offence-1" type="offenceDescription">
<interp inst="t18570302-368-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18570302-368-offence-1" type="offenceSubcategory" value="forgery"/>, feloniously forging a promissory note for 20
<hi rend="italic">l</hi>., with intent to defraud; and </rs>
<persName id="def2-368-18570302" type="defendantName">
<interp inst="def2-368-18570302" type="gender" value="male"/>
<interp inst="def2-368-18570302" type="surname" value="SPURGEON"/>
<interp inst="def2-368-18570302" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN SPURGEON</hi> </persName>
<rs id="t18570302-368-offence-2" type="offenceDescription">
<interp inst="t18570302-368-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t18570302-368-offence-2" type="offenceSubcategory" value="forgery"/>, feloniously uttering the same.</rs> </p>
<hi rend="smallCaps">MR. COOPER</hi>.
<hi rend="italic">conducted the Prosecution</hi>,</p>
<hi rend="smallCaps">
<persName id="t18570302-name-31" type="witnessName">
<interp inst="t18570302-name-31" type="gender" value="male"/>
<interp inst="t18570302-name-31" type="surname" value="LAIDMAN"/>
<interp inst="t18570302-name-31" type="given" value="LEONARD"/>LEONARD LAIDMAN</persName> </hi>. I live at No. 100, Chancery-lane. On 13th Jan. the prisoner Spurgeon called on me, and asked me if I knew Mr. Woodmass—I said, "Yes"—he said that he was very ill, and he had come into some property under a will, some thousands of pounds, and that he was about to raise money on it in some Insurance-office, and had been doing some busi
<lb/>ness for Mr. Emas, I think he said in a Chancery suit, who had given him this promissory note (
<hi rend="italic">produced</hi>)—it is for 24
<hi rend="italic">l</hi>., and is drawn by Thomas Henry Emas—he said that Woodmass being very ill, he required a little money for present use, he being in a very bad state, wholly out of order, would I advance 30
<hi rend="italic">s</hi>. on it merely for a temporary purpose—he said Mr. Emas did not wish the bill to be discounted, and, as Woodmass owed me a little money, he wished me to take that and the 30
<hi rend="italic">s</hi>. from the note when it became due—I said, "The better plan will be for you to get from Woodmass a note to that effect, stating what he really wants, and call on me to-morrow"—he went away, and took the note with him—on the morrow Spurgeon came again, about 12 o'clock—he said that he had left me a note in the morning, which I had not received, but I looked about, and saw it lying on the desk—I opened it in his presence, and said, "Here it is then"—I read a portion of it—he said that was his note, and he then handed me this memorandum—I said to him, "Where is Woodmass?"—he</p>
<xptr type="pageFacsimile" doc="185703020010"/>
<p>did not answer—I said again, "Is he at Islington now?" as I knew he did live there—he said, "No, he is staying at a coffee house"—I know Mr. Emas's writing, and it occurred to me that this note was not his writing—this memorandum is signed by Woodmass—I desired
<hi rend="italic">my</hi> son to give him 30
<hi rend="italic">s</hi>., and he gave him a sovereign and a half sovereign—the prisoners were taken between 4 and 5 o'clock on the same afternoon.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PHILLIPS</hi>.
<hi rend="italic">Q.</hi> Did not Spurgeon say that the memorandum was his own writing, except Woodmass's signature?
<hi rend="italic">A.</hi> Yes—Woodmass was by at the time; he made no reply—the policeman put the question about the promissory note, and Spurgeon said that the body of it was Woodmass's writing—when Spurgeon came to me there was no hesita
<lb/>tion about his manner—he put the case straightforward—he said that he would see Woodmass, who was very ill, and was staying at a coffee house—he said it was under a will that this property was coming to him—I do not recollect that he mentioned Mr. Nicholl's name—Spurgeon had a sovereign when he was at the station; it was the one which my son handed to him—I said to Spurgeon, "What have you done with the money?"—he said, "I have given Woodmass a part, and spent something for him besides"—I said, "Where is the remainder?"—he said, "I have got a part of it"—I said, "What have you got?" and he produced a sovereign, and offered it to the policeman—he said he had been laying out some money for Woodmass for necessaries—I do not believe that I told him that I knew Mr. Emas, but they both knew that I knew him—I did not, in conversation with Spurgeon, say that I knew Mr. Emas, and that he had left Nelson and Guyer's—he mentioned it himself—I knew where he was.</p>
<hi rend="italic">Woodmass. Q.</hi> When the note was given to you, was it not stated that it was not to be negotiated?
<hi rend="italic">A.</hi> Yes, that it was not to be discounted, and it was stated that I was to deduct a former sum due to me, and the 30
<hi rend="italic">s</hi>., when the note was due—I have no recollection of its being stated that, if the money was not paid before it came to maturity, then I might deduct what I advanced, and what was due to me—I verily believe that Spurgeon stated that the note was in your writing—it was shown to him—I have seen your writing, and I believe the signature to the memorandum to be yours.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Have you any opinion that the writing of the note is Wood
<hi rend="italic">A.</hi> I believe it is—I have had his writing before to-day—I have seen him write.</p>
<hi rend="italic">Woodmass. Q.</hi> When?
<hi rend="italic">A.</hi> When I lent you some money for your employer, over the water, Mr. George Homer.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-32" type="witnessName">
<interp inst="t18570302-name-32" type="gender" value="male"/>
<interp inst="t18570302-name-32" type="surname" value="EMAS"/>
<interp inst="t18570302-name-32" type="given" value="THOMAS HENRY"/>THOMAS HENRY EMAS</persName> </hi>. I have known Woodmass for twenty or twenty-five years—I know nothing of Spurgeon; I never saw him—this note is not my writing, nor is the signature—I know the writing of Woodmass; the body of this note is his writing; I have not the slightest doubt of it—I do not know the writing of the body of this memorandum, but the signature, I have no doubt, is Woodmass's—I never authorised any one to sign this note for me.</p>
<hi rend="italic">Cross-examined. Q.</hi> Do you sign your notes at all in this way?
<hi rend="italic">A.</hi> No—none of this note is my writing—Woodmass has copied letters for me—I do not think he ever wrote my name—I believe the body of this note is his writing, and I am of opinion the signature is his also, though it is disguised.</p>
<hi rend="italic">Woodmass. Q.</hi> How many times have you seen me write your name?
<hi rend="italic">A.</hi> I cannot tell; you have copied a great many letters for me—I cannot</p>
<xptr type="pageFacsimile" doc="185703020011"/>
<p>swear that this is your signature to this note, but I believe it—it is not at all like my own.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you ever give him a promissory note in your life?
<hi rend="italic">A.</hi> No.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-33" type="witnessName">
<interp inst="t18570302-name-33" type="gender" value="male"/>
<interp inst="t18570302-name-33" type="surname" value="SALTER"/>
<interp inst="t18570302-name-33" type="given" value="CHARLES"/>CHARLES SALTER</persName> </hi>. (
<hi rend="italic">police sergeant, G</hi> 32). I took the prisoners—they were both lodging in one lodging house, not a coffee shop—I told them the charge—Spurgeon said that what he had done, he had done for Woodmass—Woodmass was by at the time, and he said he knew nothing about it—I took them to the station, and found on Spurgeon a sovereign and 2
<hi rend="italic">d</hi>., which he said was part of the money he had from the prosecutor—he said he had given Woodmass 7
<hi rend="italic">s</hi>. or 8
<hi rend="italic">s</hi>. of the money—I showed Spurgeon the promis
<lb/>sory note, and asked him whose writing it was—he said it was Woodmass's—Woodmass was present; he made no reply.</p>
<hi rend="italic">Cross-examined. Q.</hi> How long did you ascertain that Spurgeon had been lodging at that house?
<hi rend="italic">A.</hi> About six weeks, and Woodmass since April—he was known there by the name of Herbert—I told them the charge—Spurgeon said that what he had done, he had done for Woodmass; Wood—mass said that he knew nothing about the forgery—I do not remember that Spurgeon asked if the note was a forgery.</p>
<hi rend="italic">Woodmass. Q.</hi> Do you say that Spurgeon Raid the writing of the note was mine?
<hi rend="italic">A.</hi> No; the signature on the back of it—I asked whose signa
<lb/>ture the endorsement was, and he said it was Woodmass's—this conversation took place in the station house—you appeared to be very ill.</p>
<hi rend="italic">Note read:</hi> "Jan. 14, 1857. Two months after date I promise to pay to Mr. Arthur Woodmass, or order, 24
<hi rend="italic">l</hi>. Thomas Henry Emas."—
<hi rend="italic">Memoran
<lb/>dum</hi>: "I, the undersigned, being indebted to Mr. Laidman 2
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., and 1
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. lent this day, leave this note with him; and in the event of my not paying him the 4
<hi rend="italic">l</hi>. before it becomes due, he shall be at liberty to deduct it")</p>
<hi rend="italic">Woodmass's Defence.</hi> There is no evidence that the note is my writing; Mr. Emas believes it, but will not swear to it, and that is not sufficient to establish it; you have the evidence of Mr. Laidman that it was a mere deposit with him; it is not a promissory note within the meaning of the Statute, but a mere document; is it to he said that that was an uttering of that note? there is a document on which I want to borrow a small sum of money, and he was to hold it till the money was paid; that is not the passing of a note in the ordinary course of business; it was a mere deposit for a small sum of money borrowed for a few days, and there is no proof of its being my writing; I have written hundreds of times for him, and surely he would be able to swear to it if it were my writing; I call on the prosecution to prove that is my writing, and, that not being done, you cannot find me guilty of forgery, and, as to the second Count, there is no proof that I wished to utter it as a note; it was merely a deposit for a small sum of money, not an uttering within the meaning of the Act.</p>
<hi rend="largeCaps">SPURGEON</hi>
<hi rend="smallCaps">
<rs id="t18570302-368-verdict-1" type="verdictDescription">
<interp inst="t18570302-368-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18570302-368-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<hi rend="largeCaps">WOODMASS</hi>
<rs id="t18570302-368-verdict-2" type="verdictDescription">
<interp inst="t18570302-368-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-368-verdict-2" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi>.
<hi rend="italic">of the Forgery.</hi> </rs> Aged 54.—
<hi rend="italic">
<rs id="t18570302-368-punishment-5" type="punishmentDescription">
<interp inst="t18570302-368-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18570302-368-punishment-5" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-368-18570302 t18570302-368-punishment-5"/>Four Years Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18570302-369">
<interp inst="t18570302-369" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-369" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-369-charge-1" targOrder="Y" targets="def1-369-18570302 t18570302-369-offence-1 t18570302-369-verdict-1"/>
<join result="criminalCharge" id="t18570302-369-charge-2" targOrder="Y" targets="def2-369-18570302 t18570302-369-offence-1 t18570302-369-verdict-1"/>
<persName id="def1-369-18570302" type="defendantName">
<interp inst="def1-369-18570302" type="gender" value="male"/>
<interp inst="def1-369-18570302" type="surname" value="CHIVERALL"/>
<interp inst="def1-369-18570302" type="given" value="JOSEPH"/>
<hi rend="largeCaps">JOSEPH CHIVERALL</hi> </persName> and
<persName id="def2-369-18570302" type="defendantName">
<interp inst="def2-369-18570302" type="gender" value="male"/>
<interp inst="def2-369-18570302" type="age" value="18"/>
<interp inst="def2-369-18570302" type="surname" value="MCCORMICK"/>
<interp inst="def2-369-18570302" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN MCCORMICK</hi> </persName>
<rs id="t18570302-369-offence-1" type="offenceDescription">
<interp inst="t18570302-369-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18570302-369-offence-1" type="offenceSubcategory" value="robbery"/>, feloniously assaulting
<persName id="t18570302-name-36" type="victimName">
<interp inst="t18570302-name-36" type="gender" value="male"/>
<interp inst="t18570302-name-36" type="surname" value="RENWICK"/>
<interp inst="t18570302-name-36" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18570302-369-offence-1 t18570302-name-36"/>John Renwick</persName>, with intent to rob him.</rs> </p>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18570302-name-37" type="witnessName">
<interp inst="t18570302-name-37" type="gender" value="male"/>
<interp inst="t18570302-name-37" type="surname" value="RENWICK"/>
<interp inst="t18570302-name-37" type="given" value="JOHN"/>JOHN RENWICK</persName> </hi>. I live in Gifford—street, Kingsland. On the night of Sunday, 11th Jan., I was in Church—street, Shoreditch, a little before 10 o'clock—I saw both the prisoners—three men attacked me—I was not per
<xptr type="pageFacsimile" doc="185703020012"/>
<p>sober, but sober enough to know what I was doing—they struck me, and knocked me—I fell against a door, which flew open, and I fell into the passage—Chiverall then threw himself upon me while I was on the ground—I grasped him with my arms, and M'Cormick kicked me in the face—I called out, "Police!"—while Chiverall was on me, he attempted to tear my coat open and take my pocket book, which was in my breast pocket—my coat was buttoned as it is now—I got partly up, and Chiverall knocked me down again—Mr. Jackson came to help me, he pulled Chiverall off me, I got up and seized Chiverall by the throat—a policeman came up, and I gave Chiverall into custody—M'Cormick kicked me in the face while I was on the ground, and then ran away—I received a kick from him in the ribs when I was knocked down, and Chiverall threw himself on me—I was very ill for several days, and under a doctor; my lip was cut, and my forehead, and I had a black eye—I did not know either of the prisoners before—I had no quarrel with them—nothing was taken from me.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Did this all take place in the pre
<lb/>sence of Mr. Jackson?
<hi rend="italic">A.</hi> No—he keeps a public house—I do not know that he was standing at his door, I did not see him there—I will swear, that to my knowledge this did not all take place in his presence—I do not know what part it was that he could not see—I know now that he saw the whole of it—I had not been drinking the whole evening—I did not leave home till past 8 o'clock—this took place about 10 o'clock—I did not want to fight the prisoners, decidedly not—I seized Chiverall by the throat, and gave him to the constable—I did not, to my knowledge, when at the station, attempt to strike Chiverall, nor was I prevented by two constables—I have no recol
<lb/>lection of it—I went into Mr. Jackson's just before this—I did not stop there a moment—I came out of the side door, and then came past his house—Mr. Jackson had not been drinking inside—I did not see him at all there—there were two ladies in the bar—this did not take a minute—the police—man and Mr. Jackson came up almost in an instant—I did not say a word to the policeman about Chiverall striking me at all—I mean to swear now that he did strike me; decidedly—if it had not been for this pocket book I should have been severely injured—I did not show the police the bruise on the side, I went to the doctor the next morning—there was nothing parti
<lb/>cular, it was only a slight bruise—I did not see the constable before he came up.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-38" type="witnessName">
<interp inst="t18570302-name-38" type="gender" value="male"/>
<interp inst="t18570302-name-38" type="surname" value="JACKSON"/>
<interp inst="t18570302-name-38" type="given" value="JAMES"/>JAMES JACKSON</persName> </hi>. I keep the King's Head, in Church-street. On Sun
<lb/>day night, 11th Jan., I saw the prosecutor at my door—I was then going out—he was coming out—I went to the other door, the bottle depart
<lb/>ment, and stood there—I saw two young men about ten yards from the door—the prisoner Chiverall was one; they were together—the prosecutor wan passing, and they turned round immediately behind him, and Chiverall attempted to put his hand into his pocket—the prosecutor turned round and seized Chiverall by the collar, and as soon as he had done that the other person struck the prosecutor in the face, and knocked him against a door—the door flew open, and he fell in the passage—I ran up immediately, and the other one ran away—I took hold of Chiverall by the collar, and pulled him off the prosecutor—the prosecutor got up, took hold of Chiverall by his collar, and called out "Police!"—a policeman came and took him—the other man ran up Boundary—street, the direction the policeman was coming down—I saw the second person, and from M'Cormick's stature and appear
<lb/>ance, I believe him to be the man.</p>
<hi rend="italic">Cross-examined. Q.</hi> Did the prosecutor pass you?
<hi rend="italic">A.</hi> Yes; and the</p>
<xptr type="pageFacsimile" doc="185703020013"/>
<p>two persons stood with their backs towards the window—they turned, and the hand of one, I could see distinctly, attempted to put in the pocket—they were standing ten yards off and when they did this they had not gone, I should think, more than one yard further—they were at that time between the prosecutor and me—I saw Chiverall's hand going from him in a direc
<lb/>tion to the prosecutor's pocket—I am certain of it—he touched him, and directly the prosecutor turned round and seized him—that appeared to me to be in consequence of his feeling something done to him; and directly on that M'Cormick knocked him down—I cannot say whether the prosecutor had hold of Chiverall till he fell—when I got up Chiverall was upon the prosecutor in the passage, whether he pulled him down I cannot tell—I staid till the policeman came, which was in half a minute—I did not see the policeman till he came up—there were other persons round after this was done—a great many persons were about, but whether they had been with the prisoners, I cannot tell—the prosecutor had a black eye, and his nose was hurt; I believe he had a scratch on his neck; I did not notice his lip—I did not see any conversation with the prosecutor and these men before this happened.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-39" type="witnessName">
<interp inst="t18570302-name-39" type="gender" value="male"/>
<interp inst="t18570302-name-39" type="surname" value="ROSS"/>
<interp inst="t18570302-name-39" type="given" value="JOHN"/>JOHN ROSS</persName> </hi>. (
<hi rend="italic">policeman, U</hi> 227). I was on duty in Church-street, on the night of 11th Jan.—I saw the prisoners pass about ten minutes before this happened—they were in company, and Chiverall had a coat on his left arm—they were going in a direction towards Bethnal Green—road—shortly afterwards I heard a cry of "Police!"—I went to the spot, and saw the pro
<lb/>secutor trying to get up, and Chiverall on him—the prosecutor had hold of Chiverall—I saw M'Cormick run towards Shoreditch, I cannot say whether he turned the corner of Boundary—street or not.</p>
<hi rend="italic">Chiverall's statement before the Magistrate was here read as follow</hi>; "I am very sorry for it; I did not strike him.")</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">to</hi>
<hi rend="smallCaps">JAMES JACKSON</hi>.
<hi rend="italic">Q.</hi> How was the prosecutor?
<hi rend="italic">A.</hi> He was the worse for drink, but quite conscious of what he was about.</p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">to</hi>
<hi rend="smallCaps">JOHN BOSS</hi>.
<hi rend="italic">Q.</hi> Did you know M'Cormick before?
<hi rend="italic">A.</hi> Yes, I have known him the last twelve months.</p>
<hi rend="smallCaps">
<rs id="t18570302-369-verdict-1" type="verdictDescription">
<interp inst="t18570302-369-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-369-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">Chiverall was also charged with having been before convicted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18570302-name-40" type="witnessName">
<interp inst="t18570302-name-40" type="gender" value="male"/>
<interp inst="t18570302-name-40" type="surname" value="LOCKYEE"/>
<interp inst="t18570302-name-40" type="given" value="GEORGE"/>GEORGE LOCKYEE</persName> </hi>. I am an officer of the House of Correction. I pro
<lb/>duce a certificate of Chiverall's conviction—(
<hi rend="italic">Read:</hi> "
<hi rend="italic">Clerkenwell, April</hi>, 1856;
<hi rend="italic">
<persName id="t18570302-name-41">
<interp inst="t18570302-name-41" type="gender" value="male"/>
<interp inst="t18570302-name-41" type="surname" value="JONES"/>
<interp inst="t18570302-name-41" type="given" value="WILLIAM"/>William Jones</persName>, Convicted of stealing a coat; Confined four months</hi> ")—he is the person.</p>
<hi rend="smallCaps">CHIVERALL</hi>.—
<hi rend="smallCaps">GUILTY</hi>.—
<hi rend="italic">
<rs id="t18570302-369-punishment-6" type="punishmentDescription">
<interp inst="t18570302-369-punishment-6" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-369-18570302 t18570302-369-punishment-6"/>Transported for Fifteen Years</rs>.</hi> </p>
<hi rend="smallCaps">M'CORMICK</hi>.—Aged 18.*—
<hi rend="italic">
<rs id="t18570302-369-punishment-7" type="punishmentDescription">
<interp inst="t18570302-369-punishment-7" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-369-18570302 t18570302-369-punishment-7"/>Transported for Fifteen Years</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18570302-370">
<interp inst="t18570302-370" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-370" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-370-charge-1" targOrder="Y" targets="def1-370-18570302 t18570302-370-offence-1 t18570302-370-verdict-1"/>
<join result="criminalCharge" id="t18570302-370-charge-2" targOrder="Y" targets="def2-370-18570302 t18570302-370-offence-1 t18570302-370-verdict-2"/>
<persName id="def1-370-18570302" type="defendantName">
<interp inst="def1-370-18570302" type="gender" value="male"/>
<interp inst="def1-370-18570302" type="age" value="17"/>
<interp inst="def1-370-18570302" type="surname" value="KING"/>
<interp inst="def1-370-18570302" type="given" value="EDWARD"/>
<hi rend="largeCaps">EDWARD KING</hi> </persName> and
<persName id="def2-370-18570302" type="defendantName">
<interp inst="def2-370-18570302" type="gender" value="male"/>
<interp inst="def2-370-18570302" type="age" value="17"/>
<interp inst="def2-370-18570302" type="surname" value="BROWN"/>
<interp inst="def2-370-18570302" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES BROWN</hi> </persName>
<rs id="t18570302-370-offence-1" type="offenceDescription">
<interp inst="t18570302-370-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570302-370-offence-1" type="offenceSubcategory" value="burglary"/>, burglariously breaking and entering the dwelling house of
<persName id="t18570302-name-44" type="victimName">
<interp inst="t18570302-name-44" type="gender" value="male"/>
<interp inst="t18570302-name-44" type="surname" value="BAKER"/>
<interp inst="t18570302-name-44" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18570302-370-offence-1 t18570302-name-44"/>John Baker</persName>, and stealing 18 pain of boots and other goods, value 20
<hi rend="italic">l</hi>.; his property: to which</rs> </p>
<hi rend="largeCaps">KING</hi>
<hi rend="smallCaps">
<rs id="t18570302-370-verdict-1" type="verdictDescription">
<interp inst="t18570302-370-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-370-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.** Aged 17.—
<hi rend="italic">
<rs id="t18570302-370-punishment-8" type="punishmentDescription">
<interp inst="t18570302-370-punishment-8" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-370-18570302 t18570302-370-punishment-8"/>Transported for Fifteen Years</rs>.</hi> </p>
<hi rend="largeCaps">BROWN</hi>
<hi rend="smallCaps">
<rs id="t18570302-370-verdict-2" type="verdictDescription">
<interp inst="t18570302-370-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-370-verdict-2" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.† Aged 17.—
<hi rend="italic">
<rs id="t18570302-370-punishment-9" type="punishmentDescription">
<interp inst="t18570302-370-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18570302-370-punishment-9" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-370-18570302 t18570302-370-punishment-9"/>Confined Two Years</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18570302-371">
<interp inst="t18570302-371" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-371" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-371-charge-1" targOrder="Y" targets="def1-371-18570302 t18570302-371-offence-1 t18570302-371-verdict-1"/>
<persName id="def1-371-18570302" type="defendantName">
<interp inst="def1-371-18570302" type="gender" value="male"/>
<interp inst="def1-371-18570302" type="age" value="29"/>
<interp inst="def1-371-18570302" type="surname" value="SIMMONS"/>
<interp inst="def1-371-18570302" type="given" value="MICHAEL"/>
<hi rend="largeCaps">MICHAEL SIMMONS</hi> </persName>
<rs id="t18570302-371-offence-1" type="offenceDescription">
<interp inst="t18570302-371-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570302-371-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing 5 pecks of nuts, value 18
<hi rend="italic">s</hi>.; the goods of
<persName id="t18570302-name-46" type="victimName">
<interp inst="t18570302-name-46" type="gender" value="male"/>
<interp inst="t18570302-name-46" type="surname" value="ISAACS"/>
<interp inst="t18570302-name-46" type="given" value="MICHAEL"/>
<join result="offenceVictim" targOrder="Y" targets="t18570302-371-offence-1 t18570302-name-46"/>Michael Isaacs</persName>: to which he</rs> </p>
<rs id="t18570302-371-verdict-1" type="verdictDescription">
<interp inst="t18570302-371-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-371-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>
<hi rend="smallCaps">PLEADED GUILTY</hi>. Aged 29.—
<hi rend="italic">Recommended to mercy by the Prosecutor.</hi> </rs>
<hi rend="italic">
<rs id="t18570302-371-punishment-10" type="punishmentDescription">
<interp inst="t18570302-371-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18570302-371-punishment-10" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-371-18570302 t18570302-371-punishment-10"/>Confined Three Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18570302-372">
<interp inst="t18570302-372" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-372" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-372-charge-1" targOrder="Y" targets="def1-372-18570302 t18570302-372-offence-1 t18570302-372-verdict-1"/>
<persName id="def1-372-18570302" type="defendantName">
<interp inst="def1-372-18570302" type="gender" value="male"/>
<interp inst="def1-372-18570302" type="age" value="26"/>
<interp inst="def1-372-18570302" type="surname" value="REGAN"/>
<interp inst="def1-372-18570302" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM REGAN</hi> </persName>
<rs id="t18570302-372-offence-1" type="offenceDescription">
<interp inst="t18570302-372-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570302-372-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing 1 coat, value 3
<hi rend="italic">l</hi>. the goods of
<persName id="t18570302-name-48" type="victimName">
<interp inst="t18570302-name-48" type="gender" value="male"/>
<interp inst="t18570302-name-48" type="surname" value="DRUCE"/>
<interp inst="t18570302-name-48" type="given" value="CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t18570302-372-offence-1 t18570302-name-48"/>Charles Druce</persName>.</rs> </p>
<hi rend="smallCaps">
<persName id="t18570302-name-49" type="witnessName">
<interp inst="t18570302-name-49" type="gender" value="male"/>
<interp inst="t18570302-name-49" type="surname" value="DRUCE"/>
<interp inst="t18570302-name-49" type="given" value="CHARLES"/>CHARLES DRUCE</persName> </hi>. I am a tailor, of No. 47, Bishopsgate-street Within</p>
<xptr type="pageFacsimile" doc="185703020014"/>
<p>I lost a coat on 16th Feb., the day before I was before the Magistrate—it was in the lobby of my shop—I saw it safe at 6 o'clock—it had been there all day—I missed it at 20 minutes before 7 o'clock, and the prisoner was directly afterwards brought to my door by two policemen, with the coat on—this is it—I do not know the prisoner—he had no business to take it—the value of it is 3
<hi rend="italic">l</hi>.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-50" type="witnessName">
<interp inst="t18570302-name-50" type="gender" value="male"/>
<interp inst="t18570302-name-50" type="surname" value="COLLETT"/>
<interp inst="t18570302-name-50" type="given" value="GEORGE"/>GEORGE COLLETT</persName> </hi>. I am a porter, of No. 150, Bishopsgate—street. I was passing through Bishopsgate—street on the evening of 16th Feb., about half past 6 o'clock—I know the prosecutor's—the prisoner and another man were lurking about—one was looking in at the door of the lobby, and the prisoner was looking in at the window of the shop, apparently watching the shop—I walked on a little way, crossed, and came back opposite the shop; by that time the two men had gone away, and walked to the corner of Great St. Helens—in a few seconds one of them came and laid his hand on the collar of the coat, and took the label off—the coat was hanging for sale—he walked away again, and in a few seconds another came, and walked back, and took the coat off the block that it was on, and ran to Clarke—place with it—the other man followed—I ran round into Camomile—street, and saw the man come out of the other end of Clarke—place with the coat, and in a few seconds the prisoner put on the coat, and they went on together—when they got to St. Mary Axe they made a short stop—they then went on, and then made another stop—I walked past them, and stood in a doorway—they walked past me, and stopped by Brown's—buildings—the one who had the coat stood still, and the other went away—I walked over the road, collared the prisoner, and told him he had stolen the coat—he said, "What do you mean by stopping me? I am a respectable man"—in about four minutes a constable came, and I gave him into custody—the other man had escaped—I am sure the prisoner was one of the two persons I saw watching the shop.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-51" type="witnessName">
<interp inst="t18570302-name-51" type="gender" value="male"/>
<interp inst="t18570302-name-51" type="surname" value="FAIREY"/>
<interp inst="t18570302-name-51" type="given" value="JOHN"/>JOHN FAIREY</persName> </hi>. (
<hi rend="italic">City policeman</hi>, 631). I took the prisoner—Collett had him—he had this coat on him—he said that he had not stolen it, he would go with me to the shop and prove it—as I was taking him along he tried to throw me down and escape from me, but a gentleman came and assisted me till another constable came up.</p>
<hi rend="italic">Prisoner.</hi> I was standing in St. Mary Axe; the coat was thrown on my arm, I did not steal it; I was in liquor.
<hi rend="italic">Witness.</hi> You were quite sober.</p>
<hi rend="smallCaps">
<rs id="t18570302-372-verdict-1" type="verdictDescription">
<interp inst="t18570302-372-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-372-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 26.—
<hi rend="italic">
<rs id="t18570302-372-punishment-11" type="punishmentDescription">
<interp inst="t18570302-372-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18570302-372-punishment-11" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-372-18570302 t18570302-372-punishment-11"/>Confined Four Months</rs>.</hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, March</hi> 3
<hi rend="italic">rd</hi>, 1857.</p>
<hi rend="largeCaps">PRESENT</hi>—Sir
<hi rend="smallCaps">GEORGE CARROLL</hi>., Knt., Ald.; Mr.
<hi rend="smallCaps">RECORDER</hi>.; Mr. Ald.
<hi rend="largeCaps">ROSE</hi>; and Mr. Ald.
<hi rend="largeCaps">HALE</hi>.</p>
<hi rend="italic">Before Mr. Recorder and the Second Jury.</hi> </p>
<div1 type="trialAccount" id="t18570302-373">
<interp inst="t18570302-373" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-373" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-373-charge-1" targOrder="Y" targets="def1-373-18570302 t18570302-373-offence-1 t18570302-373-verdict-1"/>
<persName id="def1-373-18570302" type="defendantName">
<interp inst="def1-373-18570302" type="gender" value="male"/>
<interp inst="def1-373-18570302" type="age" value="32"/>
<interp inst="def1-373-18570302" type="surname" value="KIMPEL"/>
<interp inst="def1-373-18570302" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK KIMPEL</hi> </persName>
<rs id="t18570302-373-offence-1" type="offenceDescription">
<interp inst="t18570302-373-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570302-373-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing 1 coat, value 30
<hi rend="italic">s</hi>.; the goods of
<persName id="t18570302-name-53" type="victimName">
<interp inst="t18570302-name-53" type="gender" value="male"/>
<interp inst="t18570302-name-53" type="surname" value="POOLE"/>
<interp inst="t18570302-name-53" type="given" value="BENJAMIN"/>
<join result="offenceVictim" targOrder="Y" targets="t18570302-373-offence-1 t18570302-name-53"/>Benjamin Poole</persName>.</rs> </p>
<hi rend="italic">The prisoner, being a foreigner, had the evidence interpreted to him.</hi>)</p>
<hi rend="smallCaps">MR. LILLEY</hi>.
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18570302-name-54" type="witnessName">
<interp inst="t18570302-name-54" type="gender" value="male"/>
<interp inst="t18570302-name-54" type="surname" value="PARKES"/>
<interp inst="t18570302-name-54" type="given" value="JOHN"/>JOHN PARKES</persName> </hi>. I am waiter to Mr. Benjamin Poole, of the Wine Shades, London Bridge. About 3 o'clock in the afternoon of 13th Feb. I saw the prisoner—he came into the wine room, and asked for a glass of sherry; I</p>
<xptr type="pageFacsimile" doc="185703020015"/>
<p>served him, and he paid for it—he sat down and drank it—I retired into the lobby—I afterwards went down stairs to serve another gentleman that came in—the prisoner then began to come across the room and walk out; I left off serving my customer, and got upon the stairs and watched the prisoner through a glass door—I saw him take a coat off a nail in the lobby—it was my master, Mr. Benjamin Poole's—he threw the coat over hit arm, and walked deliberately into the street; I allowed him to go out into Thames-street, and then caught hold of him by the collar—he wanted to know what I was going to do with him; I said, to give him in charge of the police; he begged me not to do so; he wrestled with me a little while, but finding he could not get away, he begged me to take him inside, and he would give me any money, which I refused to take—he appeared to under
<lb/>stand me perfectly when I spoke English to him—he threw the coat down, and I believe my fellow witness Rhodes threw it into the passage—I gave the prisoner into custody.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> You were watching through the glass door, were you?
<hi rend="italic">A.</hi> Yes—I went down stairs to serve a gentleman, but as I had my suspicions, I got upon the stairs to look after the prisoner—while I was down stairs the prisoner was up stairs drinking his sherry; he finished the sherry, and I heard him wait; across the room—there were three or four others in the room—I heard this man get up and walk across the room; I did not know the prisoner's foot, I thought it was him I heard—it is a large room—I had suspicion of him because he had come in half an hour before, and looked round and then went out again, perhaps the way was not clear enough—I had lost things previously; I lost a coat off my back, one that I wore in the business—my employer looks to me as respon
<lb/>sible for the property left in the room—Rhodes is an assistant in the hotel—he was not before the Magistrate, it was by the Lord Mayor's wish that he was subpÅ“naed—I was out of the prisoner's sight while I was down stairs—I did not leave him standing in the lobby, he was in the wine room—that is a good distance from the lobby; it communicates with the lobby—Rhodes was in the luncheon bar—I was standing on the stairs when the prisoner took the coat off the nail—I should say I was about three or four yards from where the coat was—the other persons were still in the wine room; to the best of my recollection there were five or six—there are always a good many people coming in and out.</p>
<hi rend="smallCaps">MR. LILLEY</hi>.
<hi rend="italic">Q.</hi> Did you see the prisoner come in?
<hi rend="italic">A.</hi> I did—he had no coat on his arm at that time—I was looking through a glass window; I had a clear opportunity of seeing—the coat I had lost was a dress coat, the only coat I wear in the afternoon in business.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-55" type="witnessName">
<interp inst="t18570302-name-55" type="gender" value="male"/>
<interp inst="t18570302-name-55" type="surname" value="RHODES"/>
<interp inst="t18570302-name-55" type="given" value="GEORGE"/>GEORGE RHODES</persName> </hi>. I manage the refreshment room at Mr. Poole's hotel. I saw Parkes collar the prisoner, and saw the coat on the prisoner's arm—I could not go out to his assistance just at that time, as I was busy; I sent the porter out to help him, as I saw that the prisoner was rather over-powering him—I went and picked the coat up, and threw it into the passage.</p>
<hi rend="italic">Cross-examined. Q.</hi> Where was it that you saw the coat on his arm?
<hi rend="italic">A.</hi> In the street, not in the lobby.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-56" type="witnessName">
<interp inst="t18570302-name-56" type="gender" value="male"/>
<interp inst="t18570302-name-56" type="surname" value="TRINDER"/>
<interp inst="t18570302-name-56" type="given" value="HENRY"/>HENRY TRINDER</persName> </hi>. (
<hi rend="italic">City policeman</hi>, 586). I received the prisoner in charge from Parkes, with the coat.</p>
<hi rend="italic">Cross-examined. Q.</hi> I believe you found a letter on the prisoner contain
<lb/>ing a sovereign and a half?
<hi rend="italic">A.</hi> Yes; he had no other money—he gave his correct name and address at the station.</p>
<xptr type="pageFacsimile" doc="185703020016"/>
<hi rend="italic">The prisoners statement before the Magistrate was read as follows:</hi> "The coat was lying on the ground by the door; I took it up by my left hand, and hung it on a kind of banister that goes down into the cellar; upon that the witness came upon me; I had not the coat in my hand; he said, "What do you want with that coat?" I said, "What do you want?" as I did not understand very well; he said, "You want to steal the coat," and thereupon he seized me, and held me fast by the door, within the house, and then he said he would give me in charge.")</p>
<hi rend="italic">The prisoner received a good character.</hi>)</p>
<rs id="t18570302-373-verdict-1" type="verdictDescription">
<interp inst="t18570302-373-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-373-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>. Aged 32.—
<hi rend="italic">Recommended to mercy.</hi> </rs>
<hi rend="italic">
<rs id="t18570302-373-punishment-12" type="punishmentDescription">
<interp inst="t18570302-373-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18570302-373-punishment-12" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-373-18570302 t18570302-373-punishment-12"/>Confined Two Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18570302-374">
<interp inst="t18570302-374" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-374" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-374-charge-1" targOrder="Y" targets="def1-374-18570302 t18570302-374-offence-1 t18570302-374-verdict-1"/>
<persName id="def1-374-18570302" type="defendantName">
<interp inst="def1-374-18570302" type="gender" value="female"/>
<interp inst="def1-374-18570302" type="age" value="28"/>
<interp inst="def1-374-18570302" type="surname" value="RICE"/>
<interp inst="def1-374-18570302" type="given" value="SARAH"/>
<hi rend="largeCaps">SARAH RICE</hi> </persName>
<rs id="t18570302-374-offence-1" type="offenceDescription">
<interp inst="t18570302-374-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570302-374-offence-1" type="offenceSubcategory" value="pocketpicking"/>, stealing 1 purse and 6
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. in money, of
<persName id="t18570302-name-58" type="victimName">
<interp inst="t18570302-name-58" type="gender" value="male"/>
<interp inst="t18570302-name-58" type="surname" value="CLARKE"/>
<interp inst="t18570302-name-58" type="given" value="EBENEZER EDGERLEY"/>
<join result="offenceVictim" targOrder="Y" targets="t18570302-374-offence-1 t18570302-name-58"/>Ebenezer Edgerley Clarke</persName>, from his person.</rs> </p>
<hi rend="smallCaps">MR. PLATT</hi>.
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18570302-name-59" type="witnessName">
<interp inst="t18570302-name-59" type="gender" value="male"/>
<interp inst="t18570302-name-59" type="surname" value="CLARKE"/>
<interp inst="t18570302-name-59" type="given" value="EBENEZER EDGERLEY"/>EBENEZER EDGERLEY CLARKE</persName> </hi>. I am a draper's assistant, at No. 70, St. Paul's—churchyard. On 20th Feb. I met the prisoner near Savage-gardens, Tower-hill, about a quarter to 9 o'clock in the evening; she said something about the weather, and asked me in what direction I was going; I continued to walk on, and turned down a street which was in my road—she followed me; I stopped immediately, and while I was standing there, which was about two minutes, I felt her fingers or my purse go from my pocket; two men came round to prevent my securing her, and asked me the way to some place—I ran round them, and pursued her, having missed my purse, which was safe when I left St. Paul's-churchyard, 20 minutes previously, and I had not taken it out—it contained two half crowns, one shilling, one sixpence, two receipt stamps, I think, and one postage stamp, and two or three cards—I overtook the prisoner rather more than 200 yards off; I kept by her side, and demanded my purse; she gave it me empty as I thought, but I found a sixpence in it, and the stamps—I am sure it was the same purse, it has my name on it—two men from the crowd tried to prevent my keeping with her; I believe they were the same men, but cannot swear to them—the prisoner got away from me some 12 yards in consequence, but I called a constable, and she was taken in my presence.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Had you just come from the shop?
<hi rend="italic">A.</hi> Yes, I was quite sober—I had not the slightest idea that she had put her hand into my pocket until I found that my purse was gone—there were several people round when she gave me the purse, but she gave it to me under her cloak; it was not till two or three minutes after that that the constable came up.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-60" type="witnessName">
<interp inst="t18570302-name-60" type="gender" value="male"/>
<interp inst="t18570302-name-60" type="surname" value="STUTTLE"/>
<interp inst="t18570302-name-60" type="given" value="HENRY"/>HENRY STUTTLE</persName> </hi>. (
<hi rend="italic">City policeman</hi>, 577). I saw the prosecutor in a crowd of 150 or 200 people, holding the prisoner—she got away from him, and I went after her, and took her; she said that she knew nothing about it—a shilling and a farthing were found on her at the station.</p>
<hi rend="smallCaps">
<rs id="t18570302-374-verdict-1" type="verdictDescription">
<interp inst="t18570302-374-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-374-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 28.—
<hi rend="italic">
<rs id="t18570302-374-punishment-13" type="punishmentDescription">
<interp inst="t18570302-374-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18570302-374-punishment-13" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-374-18570302 t18570302-374-punishment-13"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18570302-375">
<interp inst="t18570302-375" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-375" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-375-charge-1" targOrder="Y" targets="def1-375-18570302 t18570302-375-offence-1 t18570302-375-verdict-1"/>
<persName id="def1-375-18570302" type="defendantName">
<interp inst="def1-375-18570302" type="gender" value="female"/>
<interp inst="def1-375-18570302" type="age" value="24"/>
<interp inst="def1-375-18570302" type="surname" value="COX"/>
<interp inst="def1-375-18570302" type="given" value="ELIZABETH"/>
<hi rend="largeCaps">ELIZABETH COX</hi> </persName>
<rs id="t18570302-375-offence-1" type="offenceDescription">
<interp inst="t18570302-375-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18570302-375-offence-1" type="offenceSubcategory" value="forgery"/>, feloniously forging and uttering a receipt for 1
<hi rend="italic">l</hi>., with intent to defraud.</rs> </p>
<hi rend="smallCaps">
<persName id="t18570302-name-62" type="witnessName">
<interp inst="t18570302-name-62" type="gender" value="female"/>
<interp inst="t18570302-name-62" type="surname" value="WEST"/>
<interp inst="t18570302-name-62" type="given" value="HARRIETT"/>HARRIETT WEST</persName> </hi>. I am a widow, and live at No. 18, North-street, Sloane-street. The prisoner lived next door to me—I have been in the habit of receiving some money from Newark towards the support of my child, by Post Office orders—I have asked the prisoner to write several letters for me, but on this occasion she wrote on her own behalf—shortly</p>
<xptr type="pageFacsimile" doc="185703020017"/>
<p>before that I asked her to write a letter to James Andrews, thinking for the money; she wrote the letter, and took it out, saying that she was going to have it directed, and brought back a letter, which I supposed Was the same, directed and ready for the post—this is it (
<hi rend="italic">produced</hi>)—I had suspicions, and went into my aunt's, and opened it—I can read—(
<hi rend="italic">The letter was to James Andrews, and was signed H. West; it stated that she had not one penny left, and that her brother was going to send a gentleman down to summon Andrews, for the child's sake</hi>)—I immediately sent for her into my aunt's house, and said, "This is not the letter you wrote; that was thanking for money I have received;" she said, "Yes it is, I have only said a little more, as you are always so easy"—my aunt said, "No, you have done quite enough"—I saw her afterwards, and she said, "Well, Mrs. West, what do you mean to do? I will pay you 2
<hi rend="italic">s</hi>. at a time"—I said, "No, I have spoken to those I cannot trifle with"—about the second day after I found it out, the prisoner gave me this letter (
<hi rend="italic">This, being read, contained the following</hi>: "Mrs. West, if you knew how wretched I am, you would forgive me, as you know I have not had one night's rest since I so cruelly used you; but pray forgive me; it never happened before, and never shall again. You shall have every penny back again. Edgill has got the promise of work next week, and you shall have 2
<hi rend="italic">s</hi>. a week till I pay you all Do not say a word to Edgill; for if he knows it, he will nearly kill me")—I did not receive this Post Office order (
<hi rend="italic">produced</hi>)—I signed nothing of this kind—I did not tell the prisoner to sign it for me, I never saw it.</p>
<hi rend="italic">Prisoner.</hi> You are aware that I never wrote either of those letters, and that I and my husband have supported you and your child for weeks and months.
<hi rend="italic">Witness.</hi> She gave my child a pair of socks, and nursed it, and was kind to it, and I paid her 6
<hi rend="italic">d</hi>. and 9
<hi rend="italic">d</hi>. a day, according to what I had—I never had 1
<hi rend="italic">d</hi>. of her but what I paid her back.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-63" type="witnessName">
<interp inst="t18570302-name-63" type="gender" value="male"/>
<interp inst="t18570302-name-63" type="surname" value="GRINSTEAD"/>
<interp inst="t18570302-name-63" type="given" value="ALLEN"/>ALLEN GRINSTEAD</persName> </hi>. (
<hi rend="italic">policeman</hi>). I took the prisoner—she said that if Mrs. West would forgive her, she would pay her back 5
<hi rend="italic">s</hi>. a week.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-64" type="witnessName">
<interp inst="t18570302-name-64" type="gender" value="male"/>
<interp inst="t18570302-name-64" type="surname" value="WALKER"/>
<interp inst="t18570302-name-64" type="given" value="THOMAS"/>THOMAS WALKER</persName> </hi>. I am assistant to Mr. Peach, postmaster, of No. 65, Piccadilly. In consequence of advices I received from Newark, I paid 20
<hi rend="italic">s</hi>. on this Post Office order to a woman who I have no recollection of, but she signed the order, "Received the above, Harriette West."</p>
<hi rend="italic">Prisoner's Defence.</hi> I went the week before, as this gentleman knows, and received the money for Mrs. West; I never wrote either of these letters, and never robbed her of a halfpenny.</p>
<rs id="t18570302-375-verdict-1" type="verdictDescription">
<interp inst="t18570302-375-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-375-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>.
<hi rend="italic">of uttering.</hi> </rs> Aged 24.—
<hi rend="italic">
<rs id="t18570302-375-punishment-14" type="punishmentDescription">
<interp inst="t18570302-375-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18570302-375-punishment-14" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-375-18570302 t18570302-375-punishment-14"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18570302-376">
<interp inst="t18570302-376" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-376" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-376-charge-1" targOrder="Y" targets="def1-376-18570302 t18570302-376-offence-1 t18570302-376-verdict-1"/>
<join result="criminalCharge" id="t18570302-376-charge-2" targOrder="Y" targets="def2-376-18570302 t18570302-376-offence-2 t18570302-376-verdict-3"/>
<join result="criminalCharge" id="t18570302-376-charge-3" targOrder="Y" targets="def1-376-18570302 t18570302-376-offence-3 t18570302-376-verdict-2"/>
<persName id="def1-376-18570302" type="defendantName">
<interp inst="def1-376-18570302" type="gender" value="male"/>
<interp inst="def1-376-18570302" type="age" value="22"/>
<interp inst="def1-376-18570302" type="surname" value="DIXEY"/>
<interp inst="def1-376-18570302" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE DIXEY</hi> </persName>
<rs id="t18570302-376-offence-1" type="offenceDescription">
<interp inst="t18570302-376-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570302-376-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, stealing 600 pairs of gloves, value 76
<hi rend="italic">l</hi>., 240 pairs of gloves, 627 pairs of gloves, 348 shirt collars, and 3 boxes; the goods of
<persName id="t18570302-name-66" type="victimName">
<interp inst="t18570302-name-66" type="gender" value="male"/>
<interp inst="t18570302-name-66" type="surname" value="BOUCHER"/>
<interp inst="t18570302-name-66" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18570302-376-offence-1 t18570302-name-66"/>John Boucher</persName> and others, his masters: and </rs>
<persName id="def2-376-18570302" type="defendantName">
<interp inst="def2-376-18570302" type="gender" value="male"/>
<interp inst="def2-376-18570302" type="age" value="25"/>
<interp inst="def2-376-18570302" type="surname" value="HULME"/>
<interp inst="def2-376-18570302" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS HULME</hi> </persName>
<rs id="t18570302-376-offence-2" type="offenceDescription">
<interp inst="t18570302-376-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18570302-376-offence-2" type="offenceSubcategory" value="receiving"/>, feloniously receiving the same: to which</rs> </p>
<hi rend="largeCaps">DIXEY</hi>
<hi rend="smallCaps">
<rs id="t18570302-376-verdict-1" type="verdictDescription">
<interp inst="t18570302-376-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-376-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 22.—</p>
<hi rend="italic">He also</hi>
<hi rend="smallCaps">
<rs id="t18570302-376-verdict-2" type="verdictDescription">
<interp inst="t18570302-376-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-376-verdict-2" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.
<hi rend="italic">to
<rs id="t18570302-376-offence-3" type="offenceDescription">
<interp inst="t18570302-376-offence-3" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18570302-376-offence-3" type="offenceSubcategory" value="other"/>another indictment</rs>.—
<rs id="t18570302-376-punishment-15" type="punishmentDescription">
<interp inst="t18570302-376-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18570302-376-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-376-18570302 t18570302-376-punishment-15"/>Confined Two Years</rs>.</hi> </p>
<hi rend="smallCaps">MESSRS. BODKIN</hi>.
<hi rend="italic">and</hi>
<hi rend="smallCaps">POLAND</hi>.
<hi rend="italic">Conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18570302-name-68" type="witnessName">
<interp inst="t18570302-name-68" type="gender" value="male"/>
<interp inst="t18570302-name-68" type="surname" value="BOUCHER"/>
<interp inst="t18570302-name-68" type="given" value="JOHN"/>JOHN BOUCHER</persName> </hi>. I am a member of the firm of Dent, Alcroft, and Co., of No. 97, Wood-street, Cheapside, sole consignees of Dumond's gloves. Dixey was in our service from Feb. to Dec. last year—on Feb. 3rd, we received information from Haydon. the detective officer, who accompanied me to Messrs. Edgcumbe's, in Wood—street, which is not above 100 yards from our warehouse—it is a wholesale fringe and trimming warehouse—we went into the counting house, saw one of the partners, and Hulme was Sent</p>
<xptr type="pageFacsimile" doc="185703020018"/>
<p>for—when he came, I said that some gloves had been traced to his posses
<lb/>sion or rather that he had offered some for sale to a party at Croydon, and wished to know how he became possessed of them—he stated, after a little hesitation, that a friend of his in the Custom House, or who had bought them at a Custom House sale, had supplied him—I said that it would be necessary to have his friend's name; after hesitating some little time, he stated that it was a person named Dixey—I said, "Did not you know that he was in our employment 1"—he said, "Yes; but I did not know bow he became possessed of the gloves"—I asked him Dixey's address—he said, "I cannot give it to you"—I asked him what price he gave Dixey for the gloves; he said, "I gave 12
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. a dozen"—I said, "You knew the value of these goods, for you sold them to Mr. Messent, of Croydon, for 22
<hi rend="italic">s</hi>. a dozen"—I said that it would be necessary to search his lodging, in cones
<lb/>quence of having disposed of some of our property—he said that he had none of our property with him, but afterwards recollected that he had about two dozen pairs, which we should find at his lodging—at the same inter
<lb/>view view his landlord, who is also in Messrs. Edgcumbe's employment, was introduced into the counting house, and I asked him if he had seen any quantity of gloves in Hulme's possession during the time he had been living with him—he said that he had seen some, and that Hulme had made him a present of three pairs, one pair of which he had worn, and the other two he gave me on the following day—I then went with Haydon and Hulme to Dixey's lodgings—he was not at home, but we waited a short time, and be came in—I pointed to Hulme, and said, "You see this young man, you have disposed of various lots of gloves to him; how did you become pos
<hi rend="italic">of</hi> them?"—he sank on a chair, and remained probably for five minutes without uttering a word—I said, "You must not put off our time in this way; you must account for the goods you have disposed of to him"—he then said, "I stole them"—we then searched his lodgings; some articles were found, which Haydon took possession of, and he was given into custody—this was about 7 o'clock in the evening—Hulme was not taken, but was desired to attend Dixey's examination before the Magis
<lb/>trate on the following day, which he did; and Dixey was remanded till 7th Feb., when Hulme was desired to attend again; he did so, and was given into custody by the Magistrate's direction—the trade price of the gloves was, at that time, 36
<hi rend="italic">s</hi>. or 36
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> Was the name "Dumont" of them?
<hi rend="italic">A.</hi> On a portion, and "D" on the others—I have been examined twice before—when I asked Hulme whether he had any of the goods still in his possession, he at first said that he had not any—I do not think I have been asked that before—I swear that to the best of my belief he said that he got them from a friend in the Custom House—I have stated that before, I swear that—I asked him to whom he had sold the gloves, and he said, "To Mr. Messent and Mr. Harriss, of Croydon"—before that I had said that we had discovered two parties to whom he had sold them, and mentioned their names—he did not say that he had sold them for his brother—that conversation took place, I believe, on 3rd Feb., and he was not given into custody till the 7th—I was not present when his place was searched—when we saw Dixey we took Hulme into the room with us; I did not tell him when I came out, that what he had stated entirely corresponded with what I had heard, nor words to that effect—the conversation with Dixey was the same evening.</p>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> You asked Hulme if he had any of your goods</p>
<xptr type="pageFacsimile" doc="185703020019"/>
<p>home, was that before or after you said that you must search his lodgings?
<hi rend="italic">A.</hi> Before; his answer was, that to the best of his belief he had not; and it was then that I said that it would be necessary to search his lodgings; and then he said that he had them in his possession.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-69" type="witnessName">
<interp inst="t18570302-name-69" type="gender" value="male"/>
<interp inst="t18570302-name-69" type="surname" value="HAYDON"/>
<interp inst="t18570302-name-69" type="given" value="MICHAEL"/>MICHAEL HAYDON</persName> </hi>. I am a City detective officer. On 3rd Feb. I accom
<lb/>panied the prosecutor to Edgcumbe's about 4 or 5 o'clock in the afternoon—their premises are 150 or 200 yards from the prosecutors—Hulme was brought into the counting house where we were, and Mr. Boucher said that he had received information that he had been disposing of a large quantity; of gloves, and he was desirous of asking him from whom he received them—after some hesitation, he said, "From a young man named Dixey"—Mr. Boucher asked him if he knew that Dixey had been in his service—he said, after some hesitation, "Yes"—he was asked what price he paid for them; and he said, "12
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. a dozen pair;" and that Dixey informed him that they were the proceeds of Custom House sales—nothing more was said about the Custom House that I heard—I did not at that time know any
<lb/>thing about Mr. Messent having bought some of them—we then proceeded to Dixey's house, No. 59, Acton-street, Gray's Inn-lane, and remained in the front parlour till he came home—I then told him that I was a constable and that Hulme, pointing to him, had informed me that he had received a large quantity of gloves from him—after some hesitation, Dixey said, "I stole them"—he was then taken into custody, and Hulme was desired to attend on the following day at the Mansion House—he did so, and again after the remand—I searched Hulme's lodgings on the 9th, and found a box there—I opened it with a key which I found on Hulme when I took him into custody, and in it found these three boxes (
<hi rend="italic">produced</hi>), containing eighteen and a half dozen collars—I also found some brown paper with "G. Dixey, till called for," written on it.</p>
<hi rend="italic">Cross-examined. Q.</hi> Was that over the boxes?
<hi rend="italic">A.</hi> On the top of one of them—this was on 8th Feb.—I first searched the place, and brought away one box, and on the following day I brought away the other two—I got the key of the box on the 7th—some mention was made of Mr. Messent and Mr. Harriss at the first interview, but I do not remember the substance of it.</p>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">to</hi>
<hi rend="smallCaps">MICHAEL HAYDON</hi>.
<hi rend="italic">Q.</hi> Did you go to Edgcumbe's with Hulme, and come back with him?
<hi rend="italic">A.</hi> Yes, and I was there the whole time when I went to Dixey's.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-70" type="witnessName">
<interp inst="t18570302-name-70" type="gender" value="male"/>
<interp inst="t18570302-name-70" type="surname" value="AIRS"/>
<interp inst="t18570302-name-70" type="given" value="WILLIAM"/>WILLIAM AIRS</persName> </hi>. I am a draper, of No. 8, High-street, Croydon. In April last, I received from my brother Thomas two pairs of gloves—I after
<lb/>wards spoke to Frederick Hulme, a brother of the prisoner Hulme, about them, and he brought me on that occasion about fifty dozen of gloves, which I bought at 22
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., and gave him a cheque for 55
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>.—they were Paris gloves; the maker's name was Courvoisier.</p>
<hi rend="italic">Cross-examined. Q.</hi> How long did they remain on your premises?
<hi rend="italic">A.</hi> Some were sold at once, and others remained in my stock for a month or two—I sold them at 2
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>. a pair, 33
<hi rend="italic">s</hi>. a dozen—I have some of them still—this colour always sells well; they were not all of one colour—I dare say I have other pairs left in my stock, but I cannot identify them.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-71" type="witnessName">
<interp inst="t18570302-name-71" type="gender" value="male"/>
<interp inst="t18570302-name-71" type="surname" value="HULME"/>
<interp inst="t18570302-name-71" type="given" value="FREDERICK"/>FREDERICK HULME</persName> </hi>. I am the prisoner Hulme's brother, and am in the employment of Bartram and Harvey of Holborn-hill. In April last, my brother told me that a friend of his had bought about fifty dozen gloves at a sale, and asked me if I knew any one who would be likely to purchase them—he showed me two pairs like these produced—I mentioned the name</p>
<xptr type="pageFacsimile" doc="185703020020"/>
<p>of Airs, of Croydon, to him, and he gave me two pairs to send as a sample—Mr. Thomas Airs sent them down, and I afterwards saw Mr. Airs, of Croydon, who came up to London—the price my brother desired me to mention was 22
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. per dozen pair, and Mr. Airs bought them of me at that price—there were between forty and fifty dozen—I received them of my brother, and received a cheque for 55
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>., for them, which was handed over to my brother.</p>
<hi rend="italic">Cross-examined. Q.</hi> What character has your brother invariably borne?
<hi rend="italic">A.</hi> A good one; there was never the slightest imputation cast upon his character—I have known Dixey about four years, and have every reason to believe he is an honest, respectable person—I knew him at Ipswich, where he was in the linen drapery trade.</p>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> Did he transact business in that trade?
<hi rend="italic">A.</hi> Yes, as an assistant to Messrs. Footman and Co.; I lived there with him two years—my brother was there also at the time Dixey was; that is very nearly two years ago—that house dealt in gloves, but not in French gloves.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-72" type="witnessName">
<interp inst="t18570302-name-72" type="gender" value="male"/>
<interp inst="t18570302-name-72" type="surname" value="MESSENT"/>
<interp inst="t18570302-name-72" type="given" value="CHARLES"/>CHARLES MESSENT</persName> </hi>. I am a draper, of Croydon. I have known the pri
<lb/>soner, Hulme, for twelve months—in Aug. last, he came to Croydon to see me, and brought some gloves, thirty dozen, I think—they were Courvoisier's—I bought them at 22
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. per dozen—they were of various colours, but principally violet—I said that I did not want so many of a colour, but if I could sell them again I would take them all, and the thirty dozen were left at my premises—I saw him again a few days after, and told him I could do with all the violet that he had—I paid him on that occasion for the thirty dozen that he had previously left—about 4th Sept. I saw him again at Croy
<lb/>don; he brought 'down twenty dozen more, and I think I paid him for them—he spoke to me again, about 2nd Oct., and on the next day he brought twenty dozen and a half at the same price—they were all French gloves of various makers; there were some of Dumond's, and Caldesar's, and Serrusier's—there were none of Courvoisier's there, but they were all Courvoisier's on the first occasion—I afterwards spoke to Mr. Johnson, who is in the employment of Hitchcock and Co., and spoke to him about the gloves; I also saw Mr. Gilbert, who is in the employ of Alcroft and Co., on the same day; that was about 4th or 5th Feb.—on the next day, I gave eighteen dozen pairs of gloves to Mr. Gilbert; those brought on 1st Nov. were also taken; they were all received from Hulme—I believe this letter to be in Hulme's writing—(
<hi rend="italic">This was dated Feb. 2nd, signed C. Hulme, and requested to know when the witness would let him have some more money on the account</hi>)—I received that on 2nd Feb.—soon after I had given those goods to Gilbert, I saw Hulme at my house; he asked me what I intended to do about Dixey's case—I asked him what he was doing; he said that he had not been back to his employment yet—it was on Friday, 6th Feb.; I told him he had better go back; he said, "I suppose we shall be all right in the matter"—I asked him who he meant; he said, "You, Mr. Harris, and myself;" I said, "The best thing you can do will be to appear to-morrow"—he said at that time that Dixey had bought them at a sale in Oxford-street; that was the first time that Dixey's name had ever been mentioned to me—I knew at that time that Dixey was in custody, I had been present at his examination on the 5th.</p>
<hi rend="italic">Cross-examined. Q.</hi> Did the conversation take place on 6th Feb?
<hi rend="italic">A.</hi> Yes—I mean to state that—he did not say at that conversation that they were bought at a Custom House sale; he said that when I first bought the gloves—he said that Dixey had bought them at a sale in Oxford-street,</p>
<xptr type="pageFacsimile" doc="185703020021"/>
<p>with other goods—I think the word "Sale" was used—I had no suspicions when I took the gloves—it was I who gave information, it was given at my request—I had no suspicions whatever until the goods were shown to Messrs. Hitchcock—some of them remained on my premises until the first exami
<lb/>nation tomorrow—I expressed a dislike to so many violet-coloured ones.</p>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> Under what circumstances was it that he told you that they had been bought at a Custom House sale?
<hi rend="italic">A.</hi> I heard it first from Hulme, at Croydon, when Mr. Harris bought his in Feb., that was the first parcel—he did not say by whom they were bought at a Custom House sale, I merely heard it incidentally—I did not hear Dixey's name till he was taken—I went to Hitchcock's to sell some of them, and showed Mr. Johnson a sample, but in consequence of what passed between us I did not sell them—I afterwards saw the prosecutor, and gave them over to Gilbert.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-73" type="witnessName">
<interp inst="t18570302-name-73" type="gender" value="male"/>
<interp inst="t18570302-name-73" type="surname" value="JOHNSON"/>
<interp inst="t18570302-name-73" type="given" value="ROBERT"/>ROBERT JOHNSON</persName> </hi>. I am glove buyer to Messrs. Hitchcock. Mr. Mes
<lb/>sent offered me some gloves, the first lot about Oct. or Nov., and the second lot about a month ago—I bought the first lot at 27
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., which was what he asked; there were about thirty dozen—when he brought the second lot, for reasons I had, I communicated with my principals, and did not buy them—I have not given up any of the first lot; Mr. Messent brought me the second lot to ask me whether they were the goods I thought them to be, or not; I had said something which induced him to bring me the two dozen—I found them to be of three different makers; these are the two dozen (
<hi rend="italic">produced</hi>), they are marked, "L. N. C.," which is a mark known in the trade—some persons call them "L. N. C.'s," and others Caldesar's—these others are made by Dumont, the name is inside—the third maker is Cour
<lb/>voisier, there is only one pair of his.</p>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> Are these gloves all the same price?
<hi rend="italic">A.</hi> No; the others are 6
<hi rend="italic">d</hi>. a dozen less.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-74" type="witnessName">
<interp inst="t18570302-name-74" type="gender" value="male"/>
<interp inst="t18570302-name-74" type="surname" value="GILBERT"/>
<interp inst="t18570302-name-74" type="given" value="JOHN"/>JOHN GILBERT</persName> </hi>. I am manager of the glove department in the house of Dent, Alcroft, and Co., of No. 97, Wood-street, Cheapside. I have examined these two dozen pairs of gloves produced, from Hitchcock's—they are of three different makes; we are the only persons who receive those of Dumont's and those marked "L. N. C."—all the gloves that come to London from those houses are consigned to us, by contract with the manu
<lb/>facturers; we contract with them for the whole of their produce—I have not seen any of these gloves in London through any house but ours—I have been fifteen years in the trade—of these two dozen there is only one pair of Courvoisier's, the others are Dumont's and L. N. C.'s—the value of these gloves at the time in question was 33
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. a dozen—that was the price we charged to the trade, to sell again—here are sixteen dozen other gloves from Messent's; they are the make of Dumont, L. N. C., and Serrusier; we are the only importers of those; they are of the same value within 6
<hi rend="italic">d</hi>. or 7
<hi rend="italic">d</hi>. a dozen.</p>
<hi rend="italic">Cross-examined. Q.</hi> Then Messrs. Dent do not make gloves for them
<hi rend="italic">A.</hi> Oh, yes, they do, in very large quantities; but they also import—we purchase of a great many different makers; all those that I have mentioned, manufacture exclusively for us; they may also make a great many for the French trade.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-75" type="witnessName">
<interp inst="t18570302-name-75" type="gender" value="male"/>
<interp inst="t18570302-name-75" type="surname" value="JERVIS"/>
<interp inst="t18570302-name-75" type="given" value="JOHN STEPHEN"/>JOHN STEPHEN JERVIS</persName> </hi>. I am in the employment of Dent, Alcroft, and Co. I have examined these collars; here are eleven dozen of one sort, ten and a half of another, and seven of another—I believe that they have formed part of my employers' stock—they have not our private mark upon them, nor have the boxes any mark; we never mark this class of good—the</p>
<xptr type="pageFacsimile" doc="185703020022"/>
<p>boxes are of the same colour and construction as those made for us by my direction—here is a piece of brown paper with "G. Dixey, till called for," upon it—I believe that to be the writing of the prisoner Dixey.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-76" type="witnessName">
<interp inst="t18570302-name-76" type="gender" value="male"/>
<interp inst="t18570302-name-76" type="surname" value="BOUCHER"/>
<interp inst="t18570302-name-76" type="given" value="JOHN"/>JOHN BOUCHER</persName> </hi>.
<hi rend="italic">re-examined.</hi> I have looked at the gloves produced; they are the manufacture of Dumont, Courvoisier, Caldesar, and Serrusier; they are goods that had been consigned to us from those houses, and formed part of our stock—I cannot speak so positively to the collars, but I believe them to be part of ours; there is no mark upon them, or on the boxes.</p>
<hi rend="italic">The prisoners received good characters.</hi>)</p>
<hi rend="largeCaps">HULME</hi>
<hi rend="smallCaps">
<rs id="t18570302-376-verdict-3" type="verdictDescription">
<interp inst="t18570302-376-verdict-3" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-376-verdict-3" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 25.—
<hi rend="italic">
<rs id="t18570302-376-punishment-16" type="punishmentDescription">
<interp inst="t18570302-376-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18570302-376-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-376-18570302 t18570302-376-punishment-16"/>Confined Two Years</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18570302-377">
<interp inst="t18570302-377" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-377" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-377-charge-1" targOrder="Y" targets="def1-377-18570302 t18570302-377-offence-1 t18570302-377-verdict-1"/>
<persName id="def1-377-18570302" type="defendantName">
<interp inst="def1-377-18570302" type="gender" value="male"/>
<interp inst="def1-377-18570302" type="age" value="22"/>
<interp inst="def1-377-18570302" type="surname" value="CAPE"/>
<interp inst="def1-377-18570302" type="given" value="EDWARD"/>
<hi rend="largeCaps">EDWARD CAPE</hi> </persName>
<rs id="t18570302-377-offence-1" type="offenceDescription">
<interp inst="t18570302-377-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18570302-377-offence-1" type="offenceSubcategory" value="fraud"/>, unlawfully obtaining, by false pretences, 5
<hi rend="italic">l</hi>.; the moneys of
<persName id="t18570302-name-78" type="victimName">
<interp inst="t18570302-name-78" type="gender" value="male"/>
<interp inst="t18570302-name-78" type="surname" value="HEDGES"/>
<interp inst="t18570302-name-78" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18570302-377-offence-1 t18570302-name-78"/>William Hedges</persName> and another; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18570302-377-verdict-1" type="verdictDescription">
<interp inst="t18570302-377-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-377-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 22.—
<hi rend="italic">
<rs id="t18570302-377-punishment-17" type="punishmentDescription">
<interp inst="t18570302-377-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18570302-377-punishment-17" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-377-18570302 t18570302-377-punishment-17"/>Confined Nine Months</rs>.</hi> </p>
<hi rend="italic">The officer stated that there were many similar charges against the prisoner.</hi>)</p> </div1>
<div1 type="trialAccount" id="t18570302-378">
<interp inst="t18570302-378" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-378" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-378-charge-1" targOrder="Y" targets="def1-378-18570302 t18570302-378-offence-1 t18570302-378-verdict-1"/>
<persName id="def1-378-18570302" type="defendantName">
<interp inst="def1-378-18570302" type="gender" value="male"/>
<interp inst="def1-378-18570302" type="age" value="27"/>
<interp inst="def1-378-18570302" type="surname" value="DAVIS"/>
<interp inst="def1-378-18570302" type="given" value="PETER"/>
<hi rend="largeCaps">PETER DAVIS</hi> </persName>
<rs id="t18570302-378-offence-1" type="offenceDescription">
<interp inst="t18570302-378-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570302-378-offence-1" type="offenceSubcategory" value="burglary"/>, burglary in the dwelling house of
<persName id="t18570302-name-80" type="victimName">
<interp inst="t18570302-name-80" type="gender" value="male"/>
<interp inst="t18570302-name-80" type="surname" value="FENTON"/>
<interp inst="t18570302-name-80" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18570302-378-offence-1 t18570302-name-80"/>John Fenton</persName>, and stealing 6 coats and other goods, value 10
<hi rend="italic">l</hi>., his property: to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18570302-378-verdict-1" type="verdictDescription">
<interp inst="t18570302-378-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-378-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 27.—
<hi rend="italic">
<rs id="t18570302-378-punishment-18" type="punishmentDescription">
<interp inst="t18570302-378-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18570302-378-punishment-18" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-378-18570302 t18570302-378-punishment-18"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18570302-379">
<interp inst="t18570302-379" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-379" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-379-charge-1" targOrder="Y" targets="def1-379-18570302 t18570302-379-offence-1 t18570302-379-verdict-1"/>
<persName id="def1-379-18570302" type="defendantName">
<interp inst="def1-379-18570302" type="gender" value="male"/>
<interp inst="def1-379-18570302" type="age" value="12"/>
<interp inst="def1-379-18570302" type="surname" value="CARNEY"/>
<interp inst="def1-379-18570302" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY CARNEY</hi> </persName>
<rs id="t18570302-379-offence-1" type="offenceDescription">
<interp inst="t18570302-379-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570302-379-offence-1" type="offenceSubcategory" value="pocketpicking"/>, stealing a handkerchief; value 2
<hi rend="italic">s</hi>.; the goods of
<persName id="t18570302-name-82" type="victimName">
<interp inst="t18570302-name-82" type="gender" value="male"/>
<interp inst="t18570302-name-82" type="surname" value="HYAMS"/>
<interp inst="t18570302-name-82" type="given" value="HYAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18570302-379-offence-1 t18570302-name-82"/>Hyam Hyams</persName>, from his person: to which he</rs> </p>
<rs id="t18570302-379-verdict-1" type="verdictDescription">
<interp inst="t18570302-379-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-379-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>
<hi rend="smallCaps">PLEADED GUILTY</hi>. Aged 12.—</rs>
<rs id="t18570302-379-punishment-19" type="punishmentDescription">
<interp inst="t18570302-379-punishment-19" type="punishmentCategory" value="noPunish"/>
<interp inst="t18570302-379-punishment-19" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-379-18570302 t18570302-379-punishment-19"/>
<hi rend="italic">The officer stated that the prisoner had been four times in custody.—Judgment Respited.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18570302-380">
<interp inst="t18570302-380" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-380" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-380-charge-1" targOrder="Y" targets="def1-380-18570302 t18570302-380-offence-1 t18570302-380-verdict-1"/>
<persName id="def1-380-18570302" type="defendantName">
<interp inst="def1-380-18570302" type="gender" value="male"/>
<interp inst="def1-380-18570302" type="age" value="26"/>
<interp inst="def1-380-18570302" type="surname" value="CROCKER"/>
<interp inst="def1-380-18570302" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM CROCKER</hi> </persName>
<rs id="t18570302-380-offence-1" type="offenceDescription">
<interp inst="t18570302-380-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570302-380-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, stealing 1 handkerchief; value 5
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>.; the goods of
<persName id="t18570302-name-84" type="victimName">
<interp inst="t18570302-name-84" type="gender" value="male"/>
<interp inst="t18570302-name-84" type="surname" value="WITHERS"/>
<interp inst="t18570302-name-84" type="given" value="HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t18570302-380-offence-1 t18570302-name-84"/>Henry Withers</persName>.</rs> </p>
<hi rend="smallCaps">
<persName id="t18570302-name-85" type="witnessName">
<interp inst="t18570302-name-85" type="gender" value="male"/>
<interp inst="t18570302-name-85" type="surname" value="SHAYER"/>
<interp inst="t18570302-name-85" type="given" value="SAMUEL"/>SAMUEL SHAYER</persName> </hi>. I am assistant to Mr. Henry Withers, a hosier, of No. 9, Poultry. On the afternoon of 26th Feb., I was in the shop, and saw the prisoner come in, take this handkerchief off the side of the counter, place it in his trowsers pocket, and walk away—I ran out after him; he had got two doors off—I brought him back again—he took the handker
<lb/>chief out of his pocket, threw it in the doorway, and said, "I have not got it"—he then offered to pay for it, and said, "How much is it?"—I saw him searched, and he had not a
<hi rend="italic">sous</hi> about him.</p>
<hi rend="italic">Prisoner.</hi> I was in liquor at the time; I had been drinking all the after
<lb/>noon; there was a female who had half a crown pf mine, and she went into the shop, and put it on the counter; I went to get it, and she threw the handkerchief at me; I had no intention of stealing it; I did not know what I was doing.
<hi rend="italic">Witness.</hi> He was perfectly sober—there was no other person in the shop; there was no female there until the officer came in, and took the prisoner, and then a woman from the crowd outside came and asked what he had been doing, and seemed to sympathise with him.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-86" type="witnessName">
<interp inst="t18570302-name-86" type="gender" value="male"/>
<interp inst="t18570302-name-86" type="surname" value="STEPHENS"/>
<interp inst="t18570302-name-86" type="given" value="THOMAS"/>THOMAS STEPHENS</persName> </hi>. (
<hi rend="italic">City policeman</hi>). I took the prisoner—he was not in liquor in the slightest degree.</p>
<hi rend="smallCaps">
<rs id="t18570302-380-verdict-1" type="verdictDescription">
<interp inst="t18570302-380-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-380-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">The prisoner was further charged with having been before convicted.</hi>)</p>
<hi rend="smallCaps">
<persName id="t18570302-name-87" type="witnessName">
<interp inst="t18570302-name-87" type="gender" value="male"/>
<interp inst="t18570302-name-87" type="surname" value="BATT"/>
<interp inst="t18570302-name-87" type="given" value="GEORGE"/>GEORGE BATT</persName> </hi>. I produce a certificate—(
<hi rend="italic">Read: "William Crocker, Con
<lb/>victed at the Surrey Sessions, July, 1855, of larceny, and Confined three months</hi>)—I was present at the trial; the prisoner is the person.</p>
<hi rend="smallCaps">GUILTY</hi>.* Aged 26.—
<hi rend="italic">
<rs id="t18570302-380-punishment-20" type="punishmentDescription">
<interp inst="t18570302-380-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18570302-380-punishment-20" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-380-18570302 t18570302-380-punishment-20"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18570302-381">
<interp inst="t18570302-381" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-381" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-381-charge-1" targOrder="Y" targets="def1-381-18570302 t18570302-381-offence-1 t18570302-381-verdict-1"/>
<join result="criminalCharge" id="t18570302-381-charge-2" targOrder="Y" targets="def1-381-18570302 t18570302-381-offence-2 t18570302-381-verdict-1"/>
<persName id="def1-381-18570302" type="defendantName">
<interp inst="def1-381-18570302" type="gender" value="male"/>
<interp inst="def1-381-18570302" type="age" value="14"/>
<interp inst="def1-381-18570302" type="surname" value="SMITH"/>
<interp inst="def1-381-18570302" type="given" value="WALTER"/>
<hi rend="largeCaps">WALTER SMITH</hi> </persName>
<rs id="t18570302-381-offence-1" type="offenceDescription">
<interp inst="t18570302-381-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570302-381-offence-1" type="offenceSubcategory" value="burglary"/>, burglary in the dwelling house of
<persName id="t18570302-name-89" type="victimName">
<interp inst="t18570302-name-89" type="gender" value="male"/>
<interp inst="t18570302-name-89" type="surname" value="FERNAYHAUGH"/>
<interp inst="t18570302-name-89" type="given" value="JOSIAH WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18570302-381-offence-1 t18570302-name-89"/>Josiah William Fernayhaugh</persName>, and stealing a knife and other goods, and 8
<hi rend="italic">s</hi>. in money; his property:</rs>
<rs id="t18570302-381-offence-2" type="offenceDescription">
<interp inst="t18570302-381-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18570302-381-offence-2" type="offenceSubcategory" value="theftFromPlace"/>
<hi rend="italic">also</hi>, 3 5
<hi rend="italic">l</hi>. Bank notes; the property of
<persName id="t18570302-name-90" type="victimName">
<interp inst="t18570302-name-90" type="gender" value="male"/>
<interp inst="t18570302-name-90" type="surname" value="BAREHAM"/>
<interp inst="t18570302-name-90" type="given" value="WILLIAM EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18570302-381-offence-2 t18570302-name-90"/>William Edward Bareham</persName>, in his dwelling house:</rs> to which he</p>
<xptr type="pageFacsimile" doc="185703020023"/>
<hi rend="smallCaps">
<rs id="t18570302-381-verdict-1" type="verdictDescription">
<interp inst="t18570302-381-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-381-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 14.—
<hi rend="italic">
<rs id="t18570302-381-punishment-21" type="punishmentDescription">
<interp inst="t18570302-381-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18570302-381-punishment-21" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-381-18570302 t18570302-381-punishment-21"/>Four Years Penal Servitude.</rs> </hi> </p>
<hi rend="italic">The prosecutor, who was the prisoner's stepfather, stated that he had been continually robbed by the prisoner for the last five years, and that he had done all in his power to reclaim him.</hi>)</p> </div1>
<div1 type="trialAccount" id="t18570302-382">
<interp inst="t18570302-382" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-382" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-382-charge-1" targOrder="Y" targets="def1-382-18570302 t18570302-382-offence-1 t18570302-382-verdict-1"/>
<persName id="def1-382-18570302" type="defendantName">
<interp inst="def1-382-18570302" type="gender" value="male"/>
<interp inst="def1-382-18570302" type="age" value="32"/>
<interp inst="def1-382-18570302" type="surname" value="LLOYD"/>
<interp inst="def1-382-18570302" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES LLOYD</hi> </persName>
<rs id="t18570302-382-offence-1" type="offenceDescription">
<interp inst="t18570302-382-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570302-382-offence-1" type="offenceSubcategory" value="burglary"/>, burglary in the dwelling house of
<persName id="t18570302-name-92" type="victimName">
<interp inst="t18570302-name-92" type="gender" value="female"/>
<interp inst="t18570302-name-92" type="surname" value="CASEMONT"/>
<interp inst="t18570302-name-92" type="given" value="ANN"/>
<join result="offenceVictim" targOrder="Y" targets="t18570302-382-offence-1 t18570302-name-92"/>Ann Case
<lb/>mont</persName>, and stealing 6 stewpans and other goods; her property: to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18570302-382-verdict-1" type="verdictDescription">
<interp inst="t18570302-382-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-382-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.* Aged 32.—
<hi rend="italic">
<rs id="t18570302-382-punishment-22" type="punishmentDescription">
<interp inst="t18570302-382-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18570302-382-punishment-22" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-382-18570302 t18570302-382-punishment-22"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18570302-383">
<interp inst="t18570302-383" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-383" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-383-charge-1" targOrder="Y" targets="def1-383-18570302 t18570302-383-offence-1 t18570302-383-verdict-1"/>
<persName id="def1-383-18570302" type="defendantName">
<interp inst="def1-383-18570302" type="gender" value="male"/>
<interp inst="def1-383-18570302" type="age" value="22"/>
<interp inst="def1-383-18570302" type="surname" value="SMITH"/>
<interp inst="def1-383-18570302" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES SMITH</hi> </persName>
<rs id="t18570302-383-offence-1" type="offenceDescription">
<interp inst="t18570302-383-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570302-383-offence-1" type="offenceSubcategory" value="housebreaking"/>, feloniously breaking and entering the dwelling house of
<persName id="t18570302-name-94" type="victimName">
<interp inst="t18570302-name-94" type="gender" value="male"/>
<interp inst="t18570302-name-94" type="surname" value="AYRES"/>
<interp inst="t18570302-name-94" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18570302-383-offence-1 t18570302-name-94"/>Thomas Ayres</persName> and another, and stealing 1 ring, value 20
<hi rend="italic">l</hi>: their goods.</rs> </p>
<hi rend="smallCaps">
<persName id="t18570302-name-95" type="witnessName">
<interp inst="t18570302-name-95" type="gender" value="male"/>
<interp inst="t18570302-name-95" type="surname" value="POOLE"/>
<interp inst="t18570302-name-95" type="given" value="CAMPBELL"/>CAMPBELL POOLE</persName> </hi>. I am assistant to Thomas and William Ayres, of Hill-street, Hammersmith. In the afternoon of 4th Feb. I was standing at the shop, by our front window—I heard a smash of the glass, immediately ran out, and saw the prisoner running at full speed towards the Broadway—at the same time he was pointed out to me by a lad—I followed him for about a quarter of a mile—I did not lose sight of him—I cried out, "Stop thief!"—he stopped when I got within about two yards of him, and asked what I wanted of him—I told him he had broken my employers' window, and I suspected he had stolen something—he said he had not stolen anything, and if he had broken the window he would pay for it—I gave him into custody—I went to the station, and afterwards returned to the shop, and found that a diamond ring, marked twenty guineas, was missing—it had been in the front window, directly opposite where the pane of glass was broken—the ring has not been found; here is the box in which it was; that was left in the window, with the card—I did not see anybody else near there at the time; I did not see anybody to whom the ring could have been handed—I rushed out immediately, the window having been smashed on a previous occasion, and the prisoner was not above a yard from the window.</p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> You left the window to go after the prisoner?
<hi rend="italic">A.</hi> Yes—it was about twenty minutes before I returned to the shop—I am sure the prisoner is the person that the boy pointed out to me.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-96" type="witnessName">
<interp inst="t18570302-name-96" type="gender" value="male"/>
<interp inst="t18570302-name-96" type="surname" value="TOMLJNSON"/>
<interp inst="t18570302-name-96" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN TOMLJNSON</persName> </hi>. I live with my father and mother, at Brook-green, Hammersmith. On Wednesday afternoon, 4th Feb., I was standing at the door of Mr. Ayres's shop—I saw a man push his hand against the window, and then run away—I heard the window break—I did not see the man's face; I pointed out to Mr. Poole the person I saw push against the window—he did not fall against it.</p>
<hi rend="italic">Prisoner.</hi> On the first examination the boy said it was not me, it was a taller man, with a jacket on.
<hi rend="italic">Witness.</hi> I did not say he was not the man; I never noticed his height.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-97" type="witnessName">
<interp inst="t18570302-name-97" type="gender" value="female"/>
<interp inst="t18570302-name-97" type="surname" value="FOREST"/>
<interp inst="t18570302-name-97" type="given" value="REBECCA"/>REBECCA FOREST</persName> </hi>. I live opposite Mr. Ayres's. On the afternoon of 4th Feb. I saw the prisoner walking up and down for about three quarters of an hour, and at Mr. Ayres's window—he turned round several times, and looked up at my window—I heard the glass smash, but did not see the window broken—I had seen the prisoner speaking to a woman; I cannot remember how long that was before I heard the glass smash.</p>
<hi rend="italic">Prisoner.</hi> She said at first she supposed I was the person, and afterwards she was positive.
<hi rend="italic">Witness.</hi> I swore to him the first time I saw him—I knew he was the man that I had seen walking up and down so long.</p>
<xptr type="pageFacsimile" doc="185703020024"/>
<hi rend="smallCaps">
<persName id="t18570302-name-98" type="witnessName">
<interp inst="t18570302-name-98" type="gender" value="male"/>
<interp inst="t18570302-name-98" type="surname" value="BAKER"/>
<interp inst="t18570302-name-98" type="given" value="NORRIS"/>NORRIS BAKER</persName> </hi>. On the afternoon of 4th Feb. I was in the Broadway, Hammersmith, and saw the prisoner running, followed by Poole—I saw him stopped—I saw him take his hand from his pocket, and like throw something; I did not see anything go from his hand—there are gardens all along there—we went and looked there after we came back, but were not able to find anything.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-99" type="witnessName">
<interp inst="t18570302-name-99" type="gender" value="male"/>
<interp inst="t18570302-name-99" type="surname" value="AYRES"/>
<interp inst="t18570302-name-99" type="given" value="THOMAS"/>THOMAS AYRES</persName> </hi>. I saw the prisoner at the station house—I gave him into custody, for breaking the window, and stealing the ring—he said he had not stolen anything, but if he had broken the window he would pay for it—a knife was found; it was compared with marks in the putty of the window, and fitted exactly—there were two holes made in the putty—that would crack the glass, and enable him to push it in—the knife fitted those marks exactly—immediately my young man ran out of the shop, I also ran out, and missed the ring; that was within one or two minutes of the smash; I stopped, and had the shutters put up immediately—there was not sufficient time for anybody to have got to the window and taken anything.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-100" type="witnessName">
<interp inst="t18570302-name-100" type="gender" value="male"/>
<interp inst="t18570302-name-100" type="surname" value="GRAVATT"/>
<interp inst="t18570302-name-100" type="given" value="THOMAS"/>THOMAS GRAVATT</persName> </hi>. (
<hi rend="italic">policeman</hi>). The prisoner was given into my custody—I searched him, and found on him this knife; it exactly fitted the marks in the putty.</p>
<hi rend="italic">Prisoner. Q.</hi> Did you not say I was drunk?
<hi rend="italic">A.</hi> You were very much in liquor, but quite sensible; you knew what you were about; I did not see you running.</p>
<hi rend="italic">Prisoner's Defence.</hi> It is true that I have been connected with a bad young man; I was transported for stealing a pair of boots; I got off after nearly four years, and have worked hard ever since; I joined the Rifles, and went out and served fourteen months in the Crimea, in the Land Transport Corps; I am tailor by trade, and can have a good character.</p>
<hi rend="smallCaps">
<rs id="t18570302-383-verdict-1" type="verdictDescription">
<interp inst="t18570302-383-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-383-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">The prisoner was further charged with having been before convicted.</hi>)</p>
<hi rend="smallCaps">
<persName id="t18570302-name-101" type="witnessName">
<interp inst="t18570302-name-101" type="gender" value="male"/>
<interp inst="t18570302-name-101" type="surname" value="HODGES"/>
<interp inst="t18570302-name-101" type="given" value="GEORGE"/>GEORGE HODGES</persName> </hi>. (
<hi rend="italic">policeman, S</hi> 36). I produce a certificate—(
<hi rend="italic">Read: "Central Criminal Court;
<persName id="t18570302-name-102">
<interp inst="t18570302-name-102" type="gender" value="male"/>
<interp inst="t18570302-name-102" type="surname" value="GODWIN"/>
<interp inst="t18570302-name-102" type="given" value="JAMES"/>James Godwin</persName>, Convicted April</hi>, 1851,
<hi rend="italic">of larceny, after a previous conviction; Transported for Seven Years</hi>")—I was present at that trial—the prisoner is the person—he has been in the Crimea since then—I know nothing against him since he has returned.</p>
<hi rend="smallCaps">GUILTY</hi>. Aged 22.—
<hi rend="italic">
<rs id="t18570302-383-punishment-23" type="punishmentDescription">
<interp inst="t18570302-383-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t18570302-383-punishment-23" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-383-18570302 t18570302-383-punishment-23"/>Confined Nine Months</rs>.</hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, March</hi> 3
<hi rend="italic">rd</hi>, 1857.</p>
<hi rend="largeCaps">PRESENT</hi>—Mr. Ald.
<hi rend="smallCaps">SALOMONS</hi>.; Mr. Ald.
<hi rend="smallCaps">WIRE</hi>.; Mr. Ald.
<hi rend="smallCaps">HALE</hi>.; and Mr.
<hi rend="smallCaps">COMMON SERJEANT</hi>.</p>
<hi rend="italic">Before Mr. Common Serjeant and the Fifth Jury.</hi> </p>
<div1 type="trialAccount" id="t18570302-384">
<interp inst="t18570302-384" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-384" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-384-charge-1" targOrder="Y" targets="def1-384-18570302 t18570302-384-offence-1 t18570302-384-verdict-1"/>
<persName id="def1-384-18570302" type="defendantName">
<interp inst="def1-384-18570302" type="gender" value="female"/>
<interp inst="def1-384-18570302" type="age" value="43"/>
<interp inst="def1-384-18570302" type="surname" value="BROWN"/>
<interp inst="def1-384-18570302" type="given" value="MARY ANN"/>
<hi rend="largeCaps">MARY ANN BROWN</hi> </persName> was indicted
<rs id="t18570302-384-offence-1" type="offenceDescription">
<interp inst="t18570302-384-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18570302-384-offence-1" type="offenceSubcategory" value="coiningOffences"/>for unlawfully uttering counterfeit coin: to which she</rs> </p>
<hi rend="smallCaps">
<rs id="t18570302-384-verdict-1" type="verdictDescription">
<interp inst="t18570302-384-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-384-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 43.—
<hi rend="italic">
<rs id="t18570302-384-punishment-24" type="punishmentDescription">
<interp inst="t18570302-384-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t18570302-384-punishment-24" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-384-18570302 t18570302-384-punishment-24"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18570302-385">
<interp inst="t18570302-385" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-385" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-385-charge-1" targOrder="Y" targets="def1-385-18570302 t18570302-385-offence-1 t18570302-385-verdict-1"/>
<persName id="def1-385-18570302" type="defendantName">
<interp inst="def1-385-18570302" type="gender" value="female"/>
<interp inst="def1-385-18570302" type="age" value="36"/>
<interp inst="def1-385-18570302" type="surname" value="REGLER"/>
<interp inst="def1-385-18570302" type="given" value="JANE"/>
<hi rend="largeCaps">JANE REGLER</hi> </persName>
<rs id="t18570302-385-offence-1" type="offenceDescription">
<interp inst="t18570302-385-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18570302-385-offence-1" type="offenceSubcategory" value="coiningOffences"/>, feloniously making 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="t18570302-name-105" type="witnessName">
<interp inst="t18570302-name-105" type="gender" value="male"/>
<interp inst="t18570302-name-105" type="surname" value="BRENNAN"/>
<interp inst="t18570302-name-105" type="given" value="JAMES"/>JAMES BRENNAN</persName> </hi>. I was an inspector of police, but have now resigned. On 12th Jan., between 9 and 10 o'clock at night, I went to a cottage in Montague-place, Montague-street, Spitalfields—it consists of one room on the</p>
<xptr type="pageFacsimile" doc="185703020025"/>
<p>ground floor—I found the door fast—it opens immediately into the one room—no one opened it, and I began to break it in—I made a hole in the middle of the door, that enabled me to look into the room—I saw the prisoner throwing things about the room indiscriminately—some of the officers who went with me, broke in the window, and while that was doing the door gave way, and I went in, and found the prisoner and two children—I found on the table which stood near the fire, twelve counterfeit shillings, one good florin, and one good shilling, a galvanic battery jar with solution in it, a cup with solution, and two shillings in the cup—I found a file with white metal in its teeth, an iron spoon used as a ladle, and a purse with four shillings and a farthing in good money—I also found some bottles—there is no internal communication between that house and the adjoining one—the adjoining house is unoccupied—the door of it was open; it is in a very dilapidated state—I went in it, and in a recess between the plaster and the brickwork, I found these two moulds, one for making florins, the other for making shillings—they were in the down stairs room on the ground floor—there were no persons in that house—I, took the moulds into the room where the prisoner was, and stated in her hearing that I had found them—she said she had a presentiment half an hour previous that I was coming, and she put the things away, and threw the galvanic battery down the privy—I said, "That is not correct, for I am sure it is here"—soon afterwards I saw another officer find the galvanic battery plates, wet, in a corner of the room—the prisoner made several observations, and said she did it to keep her children from starving—I accompanied her to the station, and on the way she said, "I am the wife of the man you took here on Thursday; what do you think he will get I do you think he will get off with four years?"—I said, "We are not allowed to answer any such question, or to give any opinion at all on such matters"—she said, "Well, I did it to keep my children from starving"—the children are, I think, one about seven years old, and the other about five—I took them in a
<hi rend="italic">cab</hi> to the workhouse, and they are in the workhouse now—the man who passed as the prisoner's husband had been taken in the same place on the Thursday before, and he was at that time in confinement—I took away all I found in the house at that time, and made a diligent search, too, so that all that I found on Monday must have been brought in after his apprehension—I omitted to state that the florin and shilling which I found on the table were the pattern pieces from which the counterfeits had been taken.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-106" type="witnessName">
<interp inst="t18570302-name-106" type="gender" value="male"/>
<interp inst="t18570302-name-106" type="surname" value="ELLIOTT"/>
<interp inst="t18570302-name-106" type="given" value="ARTHUR"/>ARTHUR ELLIOTT</persName> </hi>. (
<hi rend="italic">policeman</hi>). I accompanied Brannan to take the prisoner—I found five counterfeit shillings, which I produce—I secured the prisoner, and went with her and the other officer to the station.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-107" type="witnessName">
<interp inst="t18570302-name-107" type="gender" value="male"/>
<interp inst="t18570302-name-107" type="surname" value="BRIANT"/>
<interp inst="t18570302-name-107" type="given" value="BENJAMIN"/>BENJAMIN BRIANT</persName> </hi>. (
<hi rend="italic">police inspector</hi>). I accompanied the other officers to the cottage, and assisted in searching it—on the sideboard near the fire place, I found a saucer containing six counterfeit shillings that correspond in reign and date with the double mould—on the floor near the fireplace I found three more counterfeit shillings, and in a corner of the room where the battery plates were found, I found a good shilling, which had apparently been used in solution for coating the counterfeit money—I was present when the moulds were found in the other cottage, and I heard the state
<lb/>ment made by the prisoner.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-108" type="witnessName">
<interp inst="t18570302-name-108" type="gender" value="male"/>
<interp inst="t18570302-name-108" type="surname" value="BRANNAN"/>
<interp inst="t18570302-name-108" type="given" value="JAMES"/>JAMES BRANNAN</persName> </hi>. (
<hi rend="italic">police sergeant</hi> 21). I accompanied the other officers to the cottage, and on the floor near the fireplace I found five shillings cor
<lb/>responding in reign and date with the double mould—I searched the cottage with the other officers.</p>
<xptr type="pageFacsimile" doc="185703020026"/>
<hi rend="smallCaps">
<persName id="t18570302-name-109" type="witnessName">
<interp inst="t18570302-name-109" type="gender" value="male"/>
<interp inst="t18570302-name-109" type="surname" value="EVANS"/>
<interp inst="t18570302-name-109" type="given" value="THOMAS"/>THOMAS EVANS</persName> </hi>. (
<hi rend="italic">policeman, G</hi> 145). I assisted the other officers, and behind the door I found this battery plate and wire amongst some dirty linen clothes—I heard something drop, and I saw inspector Brannan pick up a good shilling; I found three counterfeit shillings close by.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-110" type="witnessName">
<interp inst="t18570302-name-110" type="gender" value="male"/>
<interp inst="t18570302-name-110" type="surname" value="WEBSTER"/>
<interp inst="t18570302-name-110" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. I am inspector of coin to the Royal Mint. This mould is for shillings, and several shillings from this mould produced by Mr. Brannan and the officers are of the same date and mould—the mould of the pattern shilling is not here—this other mould is for a florin, and the good florin is the pattern of this mould—here are no specimens cast from it—it has not been used—here is the battery and tools, and everything necessary for making counterfeit coin.</p>
<hi rend="italic">Prisoner's Defence.</hi> I desire to state to the Court, that on the Thursday when my husband was taken, certain coins and implements were left by him in the house, an empty one, adjoining ours; and at the time of my visiting him, when under remand, he directed me to go to the next house, fetch away the coins which I might find there, and endeavour to finish them in order to obtain counsel for his defence; but, should I find myself incapable of so doing, then to utterly destroy them; finding that I could not do as my husband directed me, I was about to destroy them by melting them in a spoon, when the officers came in and seized me, and searched the house, and found the partly finished coins which my husband had left in the empty house next door—they also searched that house, and found the moulds which had been left there by my husband, with the coin; such are the real facts; and I, my Lord, a woman with three young children, am a perfectly innocent agent in this transaction, having acted solely under my husband's direction.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-111" type="witnessName">
<interp inst="t18570302-name-111" type="gender" value="male"/>
<interp inst="t18570302-name-111" type="surname" value="BRANNAN"/>
<interp inst="t18570302-name-111" type="given" value="JAMES"/>JAMES BRANNAN</persName> </hi>.
<hi rend="italic">re-examined.</hi> I know that the prisoner and her husband lived together—we paid them a visit in August, they were living together then—I am sure these things were not left there when we took the husband—we made a very diligent search—they could not have been in that empty house—we made a diligent search there.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Was there anything in the appearance of the instruments or the battery which would enable you to judge whether they had been used for coining within a few days?
<hi rend="italic">A.</hi> No, but two shillings were in the cup, undergoing the process of solution—the file appeared with white metal in it's teeth, as if it had been used on that occasion—there was this piece of white metal in the spoon.</p>
<hi rend="smallCaps">
<rs id="t18570302-385-verdict-1" type="verdictDescription">
<interp inst="t18570302-385-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-385-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 36.—
<hi rend="italic">
<rs id="t18570302-385-punishment-25" type="punishmentDescription">
<interp inst="t18570302-385-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t18570302-385-punishment-25" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-385-18570302 t18570302-385-punishment-25"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18570302-386">
<interp inst="t18570302-386" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-386" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-386-charge-1" targOrder="Y" targets="def1-386-18570302 t18570302-386-offence-1 t18570302-386-verdict-1"/>
<persName id="def1-386-18570302" type="defendantName">
<interp inst="def1-386-18570302" type="gender" value="female"/>
<interp inst="def1-386-18570302" type="age" value="22"/>
<interp inst="def1-386-18570302" type="surname" value="BENTLEY"/>
<interp inst="def1-386-18570302" type="given" value="LOUISA"/>
<hi rend="largeCaps">LOUISA BENTLEY</hi> </persName>
<rs id="t18570302-386-offence-1" type="offenceDescription">
<interp inst="t18570302-386-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18570302-386-offence-1" type="offenceSubcategory" value="coiningOffences"/>, feloniously uttering counterfeit coin, having been before convicted.</rs> </p>
<hi rend="smallCaps">MESSRS. BODKIN</hi>.
<hi rend="italic">and</hi>
<hi rend="smallCaps">LEWIS</hi>.
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18570302-name-113" type="witnessName">
<interp inst="t18570302-name-113" type="gender" value="male"/>
<interp inst="t18570302-name-113" type="surname" value="BRYAN"/>
<interp inst="t18570302-name-113" type="given" value="THOMAS"/>THOMAS BRYAN</persName> </hi>. On 21st Jan. the prisoner came to my shop, about 7 o'clock, for a quarter of a pound of butter; she paid me with a bad shilling—I handed it to my brother-in-law, and he gave her into custody—I marked the shilling, and gave it to the constable—I had bitten it, and know it was bad.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-114" type="witnessName">
<interp inst="t18570302-name-114" type="gender" value="male"/>
<interp inst="t18570302-name-114" type="surname" value="SMITH"/>
<interp inst="t18570302-name-114" type="given" value="WILLIAM"/>WILLIAM SMITH</persName> </hi>. I am brother-in-law of the last witness. I saw the prisoner pay him a shilling, which he handed to me; I asked how she became possessed of it—she said she got it at a butcher's shop up the street—I said I would go to the butcher's, and see—she said, "I should not like to go there; perhaps I did not get it there"—I asked her where she lived; she said, nowhere, she had no place of abode—I gave her in charge, and handed the shilling to the officer.</p>
<xptr type="pageFacsimile" doc="185703020027"/>
<hi rend="smallCaps">
<persName id="t18570302-name-115" type="witnessName">
<interp inst="t18570302-name-115" type="gender" value="male"/>
<interp inst="t18570302-name-115" type="surname" value="O'BRIEN"/>
<interp inst="t18570302-name-115" type="given" value="WILLIAM"/>WILLIAM O'BRIEN</persName> </hi>. (
<hi rend="italic">police sergeant, D</hi> 25). I took the prisoner into custody, and had this counterfeit shilling handed to me—I found no more money on the prisoner.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-116" type="witnessName">
<interp inst="t18570302-name-116" type="gender" value="male"/>
<interp inst="t18570302-name-116" type="surname" value="HIGGINS"/>
<interp inst="t18570302-name-116" type="given" value="GEORGE"/>GEORGE HIGGINS</persName> </hi>. I am a butcher, and live at Paddington. On 2nd Feb. the prisoner came to my shop for two mutton chops—she gave me a shilling—I did not see that it was bad—I gave her 6
<hi rend="italic">d</hi>. change—I put the shilling into a drawer, where there was no other money—about five minutes afterwards she came again for three more chops, and she gave me a 2
<hi rend="italic">s</hi>. piece, which I noticed was bad—I told her so, and gave it her back; she said she would go and change it at the linendraper's close by, where she said she had taken it—she went away, taking the florin with her, and leaving the chops, saying she would call for them—when she was gone, I went to the drawer, and found the shilling was bad, and there was no other coin with it—I went after the prisoner, and found her in the street—I told her of it; she said if I would go with her to Stevens-street, she would show me where she took the bad money, and all would be explained—I refused to go, and she struck me—the policeman came up, and took her into custody.</p>
<hi rend="italic">Prisoner.</hi> I never was near the shop; he came to me in the street, and said, "You gave me a bad shilling;" I said, "I did not; there is a public house where I have been drinking all the afternoon; if you will go there, I will show you the persons with whom I have been drinking."
<hi rend="italic">Witness.</hi> Yes, you said you had been drinking in a public house.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> What time did she come to your shop?
<hi rend="italic">A.</hi> About half past 5 o'clock—I am quite positive that she came to my shop—when I first taxed her with this, she did not at all deny that she had been to my shop.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-117" type="witnessName">
<interp inst="t18570302-name-117" type="gender" value="male"/>
<interp inst="t18570302-name-117" type="surname" value="DRAIN"/>
<interp inst="t18570302-name-117" type="given" value="JOHN"/>JOHN DRAIN</persName> </hi>. (
<hi rend="italic">policeman, D</hi> 98). The prisoner was given to me by the last witness—she was very violent, and kicked me two or three times on the legs, and struck me in the face—she had been drinking—I produce the shilling given me by the last witness.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-118" type="witnessName">
<interp inst="t18570302-name-118" type="gender" value="male"/>
<interp inst="t18570302-name-118" type="surname" value="BALL"/>
<interp inst="t18570302-name-118" type="given" value="GEORGE"/>GEORGE BALL</persName> </hi>. I am a draper, in Church—way, Somers-town. On 13th Jan. the prisoner came to my shop, about half past 5 o'clock; she asked to look at some calico—I said we had some at 8
<hi rend="italic">d</hi>. a yard, but I thought that would be too good—she looked at it, and said that would do, and she had a quarter of a yard—she offered me in payment a 2
<hi rend="italic">s</hi>. piece; I tried it in the money detector, and found it bad—I asked her how she became possessed of it; she said a gentleman gave it her in the New-road, whom she had seen several times—I marked the 2
<hi rend="italic">s</hi>. piece, and gave it to the policeman.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-119" type="witnessName">
<interp inst="t18570302-name-119" type="gender" value="male"/>
<interp inst="t18570302-name-119" type="surname" value="SAWYER"/>
<interp inst="t18570302-name-119" type="given" value="HENRY"/>HENRY SAWYER</persName> </hi>. (
<hi rend="italic">policeman, S</hi> 102). I took the prisoner, and produce this florin, which was given me by the last witness—the prisoner was examined and discharged on 17th Jan.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-120" type="witnessName">
<interp inst="t18570302-name-120" type="gender" value="male"/>
<interp inst="t18570302-name-120" type="surname" value="FURNIVAL"/>
<interp inst="t18570302-name-120" type="given" value="GEORGE"/>GEORGE FURNIVAL</persName> </hi>. (
<hi rend="italic">policeman, P</hi> 249). I produce a certificate—(
<hi rend="italic">Read: At this Court, April</hi>, 1855,
<hi rend="italic">Louisa Bentley was convicted of uttering coun
<lb/>terfeit coin, and confined six months</hi>)—I was the officer in that case—the prisoner is the person who was then convicted.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-121" type="witnessName">
<interp inst="t18570302-name-121" type="gender" value="male"/>
<interp inst="t18570302-name-121" type="surname" value="WEBSTER"/>
<interp inst="t18570302-name-121" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These coins are bad, and the two shillings are from the same mould.</p>
<hi rend="smallCaps">
<rs id="t18570302-386-verdict-1" type="verdictDescription">
<interp inst="t18570302-386-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-386-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 22.—
<hi rend="italic">
<rs id="t18570302-386-punishment-26" type="punishmentDescription">
<interp inst="t18570302-386-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t18570302-386-punishment-26" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-386-18570302 t18570302-386-punishment-26"/>Confined Two Years</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18570302-387">
<interp inst="t18570302-387" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-387" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-387-charge-1" targOrder="Y" targets="def1-387-18570302 t18570302-387-offence-1 t18570302-387-verdict-1"/>
<persName id="def1-387-18570302" type="defendantName">
<interp inst="def1-387-18570302" type="gender" value="male"/>
<interp inst="def1-387-18570302" type="age" value="17"/>
<interp inst="def1-387-18570302" type="surname" value="SKINNER"/>
<interp inst="def1-387-18570302" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES SKINNER</hi> </persName>
<rs id="t18570302-387-offence-1" type="offenceDescription">
<interp inst="t18570302-387-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18570302-387-offence-1" type="offenceSubcategory" value="coiningOffences"/>, unlawfully uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MESSRS. CLERK</hi>.
<hi rend="italic">and</hi>
<hi rend="smallCaps">LEWIS</hi>.
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18570302-name-123" type="witnessName">
<interp inst="t18570302-name-123" type="gender" value="male"/>
<interp inst="t18570302-name-123" type="surname" value="HORSPOOL"/>
<interp inst="t18570302-name-123" type="given" value="GEORGE"/>GEORGE HORSPOOL</persName> </hi>. I am a baker, and live in High-street, Poplar. On Thursday, 12th Feb., the prisoner came, about 5 o'clock in the evening, for a half quartern loaf, and tendered me a half crown; I gave him change,</p>
<xptr type="pageFacsimile" doc="185703020028"/>
<hi rend="italic">s</hi>. 2 1/2
<hi rend="italic">d</hi>., and he left the shop before I had well put the half crown out of my hand—after he was gone, I turned on the gas, and looked at the half crown—I bit a piece out of it, and put the remainder under a glass—on 14th Feb. my wife sent for me into the shop about 12 o'clock—I found the prisoner there—my wife gave me a half crown; I saw it was bad directly, and I said to the prisoner, "This is bad, and you were here on Thursday, and gave me one"—he said, "I am sure I have not been in the neighbour
<lb/>hood before"—I am quite certain he is the person—I sent for a constable, and when he came the prisoner said his mother had given him the half crown—I gave him into custody, with the coin.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-124" type="witnessName">
<interp inst="t18570302-name-124" type="gender" value="female"/>
<interp inst="t18570302-name-124" type="surname" value="HORSPOOL"/>
<interp inst="t18570302-name-124" type="given" value="ELIZABETH CHARLOTTE"/>ELIZABETH CHARLOTTE HORSPOOL</persName> </hi>. I am daughter of the last witness. On 14th Feb. the prisoner came, and bought a half quartern stale loaf; he gave me a half crown, which I gave to my mother.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-125" type="witnessName">
<interp inst="t18570302-name-125" type="gender" value="female"/>
<interp inst="t18570302-name-125" type="surname" value="HORSPOOL"/>
<interp inst="t18570302-name-125" type="given" value="ELIZA"/>ELIZA HORSPOOL</persName> </hi>. I am mother of the last witness. She gave me a half crown while the prisoner was present—I gave it to my husband.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-126" type="witnessName">
<interp inst="t18570302-name-126" type="gender" value="male"/>
<interp inst="t18570302-name-126" type="surname" value="GODWIN"/>
<interp inst="t18570302-name-126" type="given" value="ABRAHAM"/>ABRAHAM GODWIN</persName> </hi>. (
<hi rend="italic">police sergeant, K</hi> 24). I was called to Mr. Hors
<lb/>pool's shop, and took the prisoner—I received this half crown and part of another from Mr. Horspool—the prisoner said his mother gave it to him—that was the one he uttered on the 14th—I found no money on him.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-127" type="witnessName">
<interp inst="t18570302-name-127" type="gender" value="male"/>
<interp inst="t18570302-name-127" type="surname" value="WEBSTER"/>
<interp inst="t18570302-name-127" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are both bad.</p>
<hi rend="smallCaps">
<rs id="t18570302-387-verdict-1" type="verdictDescription">
<interp inst="t18570302-387-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-387-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 17.—
<hi rend="italic">
<rs id="t18570302-387-punishment-27" type="punishmentDescription">
<interp inst="t18570302-387-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t18570302-387-punishment-27" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-387-18570302 t18570302-387-punishment-27"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18570302-388">
<interp inst="t18570302-388" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-388" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-388-charge-1" targOrder="Y" targets="def1-388-18570302 t18570302-388-offence-1 t18570302-388-verdict-1"/>
<persName id="def1-388-18570302" type="defendantName">
<interp inst="def1-388-18570302" type="gender" value="male"/>
<interp inst="def1-388-18570302" type="age" value="37"/>
<interp inst="def1-388-18570302" type="surname" value="HOLLOWAY"/>
<interp inst="def1-388-18570302" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE HOLLOWAY</hi> </persName>
<rs id="t18570302-388-offence-1" type="offenceDescription">
<interp inst="t18570302-388-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18570302-388-offence-1" type="offenceSubcategory" value="coiningOffences"/>, feloniously uttering counterfeit coin, having been before convicted.</rs> </p>
<hi rend="smallCaps">MESSRS. CLERK</hi>.
<hi rend="italic">and</hi>
<hi rend="smallCaps">LEWIS</hi>.
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18570302-name-129" type="witnessName">
<interp inst="t18570302-name-129" type="gender" value="male"/>
<interp inst="t18570302-name-129" type="surname" value="RYAN"/>
<interp inst="t18570302-name-129" type="given" value="WILLIAM"/>WILLIAM RYAN</persName> </hi>. (
<hi rend="italic">policeman, B</hi> 214). I produce a certificate—(
<hi rend="italic">Read: At this Court, June</hi>, 1856,
<hi rend="italic">George Holloway was convicted of uttering coun
<lb/>terfeit coin, and sentenced to six months imprisonment</hi>)—I was present, the prisoner is the man.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-130" type="witnessName">
<interp inst="t18570302-name-130" type="gender" value="female"/>
<interp inst="t18570302-name-130" type="surname" value="O'NEIL"/>
<interp inst="t18570302-name-130" type="given" value="JULIA"/>JULIA O'NEIL</persName> </hi>. On 17th Feb., the prisoner had a night's lodging at my house; he paid me a shilling—I put it into my purse, where I had no other shilling, and gave him a sixpence—I found the shilling was bad about a couple of hours afterwards—I gave that shilling to the constable on the Wednesday—I had it two days—I am sure it was the same—I saw the pri
<lb/>soner over at the public house after I found the shilling was bad—I went to him, and told him he had passed a bad shilling—he said if I would give him the shilling he would give me a good one—the policeman came, I gave him the shilling, and gave the prisoner into custody.</p>
<hi rend="italic">Prisoner. Q.</hi> What night did I come and ask you for a lodging?
<hi rend="italic">A.</hi> On Tuesday—you slept there a night before you gave me the shilling—you had paid me the first night with a good sixpence.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did he come and pay you when he came down in the morn
<hi rend="italic">A.</hi> No, he left the house and came back and paid for a lodging he was to have the next night, and he came in the evening and slept there—I had then found that the shilling was bad, but he was drunk, and I did not speak to him—he slept there that night, I saw him in the morning when he came down—I told him he gave me a bad shilling—he said if I would give it him he would give me another—I said, "No, I shall not, I will give you into custody"—he said nothing, but walked away, and I did not see him till the evening at the public house where I saw him, and spoke to him—it was on the Tues
<lb/>day morning I told him he gave me a bad shilling—there was a woman outside my door at the time he gave it me.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-131" type="witnessName">
<interp inst="t18570302-name-131" type="gender" value="male"/>
<interp inst="t18570302-name-131" type="surname" value="KING"/>
<interp inst="t18570302-name-131" type="given" value="ANDREW"/>ANDREW KING</persName> </hi>. (
<hi rend="italic">policeman, B</hi> 150). I got information on Wednesday</p>
<xptr type="pageFacsimile" doc="185703020029"/>
<p>evening, 18th Feb.; I stopped outside the George and Bull public house—between 8 and 9 o'clock, I saw the prisoner in the house, and Mrs. O'Neil was there—she came out with the prisoner, and made this charge against him, of passing the shilling—she had the shilling with her, and gave it to me—I asked the prisoner to let me see if he had any money; he would not—I took him into custody—he struggled very violently—I saw him put some money into his month—I saw the edge of one shilling in his mouth—he swallowed it, and got convulsed—I had another constable with me to assist me—he assaulted the other constable, and bit his finger—I hit him on the back—he swallowed the shilling—at the station he took this half crown out of his mouth—I took it out of his hand, he had no coin on him—he swal
<lb/>lowed the other—he put either two or three pieces into his mouth—I saw the edge of one shilling between his teeth, and I heard them gurgle in his mouth—when Mrs. O'Neil said to him that he had passed a bad shilling, he said he would give her a good one if she would come to his lodging, but she would not.</p>
<hi rend="italic">Prisoner. Q.</hi> Did you not swear it was on Thursday you took me?
<hi rend="italic">A.</hi> Yes, I did, but it was a mistake, it was on Wednesday.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Have the shillings he swallowed been found?
<hi rend="italic">A.</hi> No—he said at the time, "I wish I had forty in my mouth, I could swallow them."</p>
<hi rend="smallCaps">
<persName id="t18570302-name-132" type="witnessName">
<interp inst="t18570302-name-132" type="gender" value="male"/>
<interp inst="t18570302-name-132" type="surname" value="WEBSTER"/>
<interp inst="t18570302-name-132" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are both bad.</p>
<hi rend="italic">Prisoner's Defence.</hi> I went to her house on Sunday night, and on the fol
<lb/>lowing day I went to secure my lodging, and gave her a shilling; she gave me a sixpence out, and I went there the same night, which I would not have done if I had known it was bad; on the following morning she said it was bad, after putting it into her purse with other money; it would have been the last of my thoughts to have gone there, if I had given her bad money; I have known her twenty-eight years; on-the following morning she told me the shilling was bad; I said I was sorry, but I would make it right before night; I went to have a bit of bread and cheese at the public house which is right opposite to her house, which I should not have done if I had known the money was bad; this constable and some others threw me down, and kept me down twenty minutes on my back, and they put their hands into my mouth; I bit one of them, and I would again; as to the half crown, that was taken at the station; I do not know how I became possessed of it; I was drunk.</p>
<hi rend="smallCaps">
<rs id="t18570302-388-verdict-1" type="verdictDescription">
<interp inst="t18570302-388-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-388-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 37.—
<hi rend="italic">
<rs id="t18570302-388-punishment-28" type="punishmentDescription">
<interp inst="t18570302-388-punishment-28" type="punishmentCategory" value="imprison"/>
<interp inst="t18570302-388-punishment-28" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-388-18570302 t18570302-388-punishment-28"/>Four Years Penal Servitude</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18570302-389">
<interp inst="t18570302-389" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-389" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-389-charge-1" targOrder="Y" targets="def1-389-18570302 t18570302-389-offence-1 t18570302-389-verdict-1"/>
<persName id="def1-389-18570302" type="defendantName">
<interp inst="def1-389-18570302" type="gender" value="male"/>
<interp inst="def1-389-18570302" type="age" value="20"/>
<interp inst="def1-389-18570302" type="surname" value="BENTLEY"/>
<interp inst="def1-389-18570302" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS BENTLEY</hi> </persName>
<rs id="t18570302-389-offence-1" type="offenceDescription">
<interp inst="t18570302-389-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18570302-389-offence-1" type="offenceSubcategory" value="coiningOffences"/>, unlawfully having counterfeit coin in his possession.</rs> </p>
<hi rend="smallCaps">MESSRS. CLERK</hi>.
<hi rend="italic">and</hi>
<hi rend="smallCaps">LEWIS</hi>.
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18570302-name-134" type="witnessName">
<interp inst="t18570302-name-134" type="gender" value="male"/>
<interp inst="t18570302-name-134" type="surname" value="CLARK"/>
<interp inst="t18570302-name-134" type="given" value="JOHN"/>JOHN CLARK</persName> </hi>. (
<hi rend="italic">policeman, N</hi> 345). On 12th Feb., I was in Albion-road, Stoke Newington; I saw the prisoner carrying a bag, I asked him what he had got in his bag—he said he had nothing—I said, "You must have something"—he threw the bag down, and tried to run away—I caught hold of him, and while I was struggling with him, he put his hand into his waistcoat pocket, and I saw something in his hand—he was trying to throw it away—I struck him on the arm and it fell down, I took it up, and he said, "That don't belong to me"—I said, "What don't belong to you?"—he said, "That bad money"—before that I had not made any observation as to the contents of the paper—I took him to the station, and found in the paper two half crowns and one shilling.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Were there other persons there?
<hi rend="italic">A.</hi> There was no one at all before I took him into custody—it was not a milkman picked up the paper—no one touched it but myself—I distinctly</p>
<xptr type="pageFacsimile" doc="185703020030"/>
<p>saw the paper go from the prisoner's hand—it fell directly against my foot.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-135" type="witnessName">
<interp inst="t18570302-name-135" type="gender" value="male"/>
<interp inst="t18570302-name-135" type="surname" value="WEBSTER"/>
<interp inst="t18570302-name-135" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are bad, and the two half crowns are from one mould.</p>
<hi rend="smallCaps">
<rs id="t18570302-389-verdict-1" type="verdictDescription">
<interp inst="t18570302-389-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-389-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 20.—
<hi rend="italic">
<rs id="t18570302-389-punishment-29" type="punishmentDescription">
<interp inst="t18570302-389-punishment-29" type="punishmentCategory" value="imprison"/>
<interp inst="t18570302-389-punishment-29" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-389-18570302 t18570302-389-punishment-29"/>Confined Twelve Months</rs>.</hi> (
<hi rend="italic">See New Court, Wednesday.</hi>)</p> </div1>
<div1 type="trialAccount" id="t18570302-390">
<interp inst="t18570302-390" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-390" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-390-charge-1" targOrder="Y" targets="def1-390-18570302 t18570302-390-offence-1 t18570302-390-verdict-1"/>
<persName id="def1-390-18570302" type="defendantName">
<interp inst="def1-390-18570302" type="gender" value="male"/>
<interp inst="def1-390-18570302" type="age" value="41"/>
<interp inst="def1-390-18570302" type="surname" value="SAUNDERS"/>
<interp inst="def1-390-18570302" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE SAUNDERS</hi> </persName>
<rs id="t18570302-390-offence-1" type="offenceDescription">
<interp inst="t18570302-390-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18570302-390-offence-1" type="offenceSubcategory" value="coiningOffences"/>, feloniously having counterfeit coin in his possession: having been before convicted.</rs> </p>
<hi rend="smallCaps">MESSRS. CLERK</hi>.
<hi rend="italic">and</hi>
<hi rend="smallCaps">LEWIS</hi>.
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18570302-name-137" type="witnessName">
<interp inst="t18570302-name-137" type="gender" value="male"/>
<interp inst="t18570302-name-137" type="surname" value="KELLY"/>
<interp inst="t18570302-name-137" type="given" value="FRANCIS"/>FRANCIS KELLY</persName> </hi>. (
<hi rend="italic">policeman, H</hi> 130). I produce a certificate—(
<hi rend="italic">Read: At this Court, June</hi>, 1855,
<hi rend="italic">George Saunders was convicted for having coun
<lb/>terfeit coin in his possession, and was sentenced to be confined eighteen months</hi>)—I was present, the prisoner is the man.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-138" type="witnessName">
<interp inst="t18570302-name-138" type="gender" value="male"/>
<interp inst="t18570302-name-138" type="surname" value="THOMAS"/>
<interp inst="t18570302-name-138" type="given" value="WILLIAM"/>WILLIAM THOMAS</persName> </hi>. (
<hi rend="italic">police sergeant, F</hi> 17). I went with Radford to the Goldsmiths' Arms, Bedfordbury, on the 13th Feb., between 1 and 2 o'clock—I found the prisoner in the tap room, and there was a man named William Green, who I believe is his brother (
<hi rend="italic">seenextcase</hi>;) they were standing up—there were other persons in the room, but not close to them—I went up to the pri
<lb/>soner and told Radford to search him, which he did in my presence—(I only knew the prisoner by the name of Green)—I saw Radford take from his pocket several paper parcels containing counterfeit half crowns—I opened them, and saw they contained coins—these are them—there was 16
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>. in good money found on the prisoner—I told Radford to search William Green, and he made a plunge towards the fireplace, and threw a paper parcel towards the fire—it fell back on the floor—there were three parcels, they burst as they fell on the floor—I picked up the contents of the whole of them—this is the money—I had watched William Green and the prisoner, I saw them first in Bedfordbury, six or seven yards from the house—they walked close together; I cannot say that I saw them speak, they went into the house, and I went in directly afterwards—in the parcels were eighteen shillings, three half crowns, and one crown piece, which I picked off the floor—I took both the men to the station—I searched the prisoner, and found in one of his coat pockets twenty florins—there was a coal box in the tap room near which the prisoner and William Green were standing—I went back to the tap room, and looked in that coal box; I found in it three paper parcels, containing ninety-eight shillings and eight crown pieces, all counterfeit.</p>
<hi rend="italic">Prisoner. Q.</hi> Do you say I was in company with somebody else?
<hi rend="italic">A.</hi> Yes; I watched you six or seven yards—there were other persons in the tap room, but none that I knew—you made no resistance after you were searched—I did not see you throw anything away, or attempt it—when I told Radford to search William Green he resisted, and when I went and assisted him, this prisoner attempted to escape—he had got a stick and attempted to strike me, but I avoided it—there was time for him to throw anything into the coal box without my seeing him.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-139" type="witnessName">
<interp inst="t18570302-name-139" type="gender" value="male"/>
<interp inst="t18570302-name-139" type="surname" value="RADFORD"/>
<interp inst="t18570302-name-139" type="given" value="JOHN"/>JOHN RADFORD</persName> </hi>. (
<hi rend="italic">policeman, F</hi> 139). I went to the public house with the last witness—I saw what he has described—it is correct.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-140" type="witnessName">
<interp inst="t18570302-name-140" type="gender" value="male"/>
<interp inst="t18570302-name-140" type="surname" value="WEBSTER"/>
<interp inst="t18570302-name-140" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. Here are ten half crowns taken from the 'prisoner, all bad; five of them are of the date, 1818, from one mould—two of 1820, from one mould, and two of 1849, from one mould—these twenty florins, taken from his coat pocket, are all counterfeit; eleven are from one mould, and nine from another—these ninety—eight shillings, and eight crowns, found in the coal box, are all bad; five of the crowns are of one mould—these shil
<xptr type="pageFacsimile" doc="185703020031"/>
<p>are from six different moulds, several from each mould—the money thrown away by William Green is all bad; the three half crowns are from the same mould as the five of 1818—the crown is from the same mould as those found in the coal box, and five of the shillings are from the same mould as twenty-eight found in the coal box.</p>
<hi rend="italic">Prisoner's Defence.</hi> I admit having the pieces found on me; the remainder I know nothing about; there were seven or eight persons in the room; several were playing at cards, and some of them asked me to take care of this money, which I did, and I should have returned them, when the police
<lb/>man came in and took me; I was aware what they were, and that I was running a great risk, but I was completely entrapped into it; the persons who gave the information were the persons who gave me these things to hold; I only state this in hopes of having some mitigation of my sentence; as to uttering the coins, I had not the most remote idea in the world; I wish the policeman to state whether there were men playing at cards.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-141" type="witnessName">
<interp inst="t18570302-name-141" type="gender" value="male"/>
<interp inst="t18570302-name-141" type="surname" value="THOMAS"/>
<interp inst="t18570302-name-141" type="given" value="WILLIAM"/>WILLIAM THOMAS</persName> </hi>.
<hi rend="italic">re-examined.</hi> There were four men playing, but I could not see what they were playing at—I followed the prisoner into the house—he had not been in one minute when I took him.</p>
<hi rend="smallCaps">
<rs id="t18570302-390-verdict-1" type="verdictDescription">
<interp inst="t18570302-390-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-390-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 41.—
<hi rend="italic">
<rs id="t18570302-390-punishment-30" type="punishmentDescription">
<interp inst="t18570302-390-punishment-30" type="punishmentCategory" value="imprison"/>
<interp inst="t18570302-390-punishment-30" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-390-18570302 t18570302-390-punishment-30"/>Ten Years Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18570302-391">
<interp inst="t18570302-391" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-391" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-391-charge-1" targOrder="Y" targets="def1-391-18570302 t18570302-391-offence-1 t18570302-391-verdict-1"/>
<persName id="def1-391-18570302" type="defendantName">
<interp inst="def1-391-18570302" type="gender" value="male"/>
<interp inst="def1-391-18570302" type="age" value="25"/>
<interp inst="def1-391-18570302" type="surname" value="GREEN"/>
<interp inst="def1-391-18570302" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM GREEN</hi> </persName> was indicted
<rs id="t18570302-391-offence-1" type="offenceDescription">
<interp inst="t18570302-391-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18570302-391-offence-1" type="offenceSubcategory" value="coiningOffences"/>for unlawfully having counter
<lb/>feit coin in his possession.—(</rs>
<hi rend="italic">See last ease.</hi>)</p>
<hi rend="smallCaps">MESSRS. BODKIN</hi>.
<hi rend="italic">and</hi>
<hi rend="smallCaps">CLERK</hi>.
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18570302-name-143" type="witnessName">
<interp inst="t18570302-name-143" type="gender" value="male"/>
<interp inst="t18570302-name-143" type="surname" value="THOMAS"/>
<interp inst="t18570302-name-143" type="given" value="WILLIAM"/>WILLIAM THOMAS</persName> </hi>. (
<hi rend="italic">police sergeant, F</hi> 17). On 13th Feb., about half past 1 o'clock, I was in the Goldsmiths' Arms, in Bedfordbury—Radford was with me—I saw the prisoner there—I desired Radford to search him—the prisoner thrust his hands into his pockets, and made his way to the fire
<lb/>place, and threw a paper parcel out of his hand—it struck against the fire
<lb/>place, and bounced back into the room—it contained eighteen shillings, three half crowns, and a crown piece, all counterfeit.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-144" type="witnessName">
<interp inst="t18570302-name-144" type="gender" value="male"/>
<interp inst="t18570302-name-144" type="surname" value="WEBSTER"/>
<interp inst="t18570302-name-144" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are all bad, and two of the half crowns are from the same mould as some of those produced in the last case.</p>
<hi rend="italic">Prisoner's Defence</hi> I know nothing about those things at all; on Friday, 13th Feb., I went into the house, between 1 and 2 o'clock, to have my dinner, and while I was waiting the officers entered the room; they spoke to the other prisoner, and began to search him; if I had anything of the kind in my possession, I had plenty of time and opportunity to have got rid of them while they were searching the other prisoner; after they had done searching him, one of them said to the other, "See what that young man has got;" I asked them, "What for?" and, without giving me any answer, or telling me what they were, one of them caught hold of me, and thrust one of his hands into my trowsers pocket; I tried to get away from him, and then the other one caught hold of me, and we had a straggle; they say that I rushed to the fireplace; that is true, for there is no other place in the room that I could get to while I was struggling with the officers; if there was a paper thrown down, as he states, it must have been thrown down by some other person that was in the room, for there were eight or nine other persons present in the taproom.</p>
<hi rend="smallCaps">
<rs id="t18570302-391-verdict-1" type="verdictDescription">
<interp inst="t18570302-391-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-391-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. Aged 25.—
<hi rend="italic">
<rs id="t18570302-391-punishment-31" type="punishmentDescription">
<interp inst="t18570302-391-punishment-31" type="punishmentCategory" value="imprison"/>
<interp inst="t18570302-391-punishment-31" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-391-18570302 t18570302-391-punishment-31"/>Confined Two Years</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18570302-392">
<interp inst="t18570302-392" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-392" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-392-charge-1" targOrder="Y" targets="def1-392-18570302 t18570302-392-offence-1 t18570302-392-verdict-1"/>
<persName id="def1-392-18570302" type="defendantName">
<interp inst="def1-392-18570302" type="gender" value="male"/>
<interp inst="def1-392-18570302" type="age" value="20"/>
<interp inst="def1-392-18570302" type="surname" value="STAUFFER"/>
<interp inst="def1-392-18570302" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES STAUFFER</hi> </persName>
<rs id="t18570302-392-offence-1" type="offenceDescription">
<interp inst="t18570302-392-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18570302-392-offence-1" type="offenceSubcategory" value="coiningOffences"/>, unlawfully uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MESSRS. BODKIN</hi>.
<hi rend="italic">and</hi>
<hi rend="smallCaps">LEWIS</hi>.
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18570302-name-146" type="witnessName">
<interp inst="t18570302-name-146" type="gender" value="female"/>
<interp inst="t18570302-name-146" type="surname" value="SHAH"/>
<interp inst="t18570302-name-146" type="given" value="ELIZA"/>ELIZA SHAH</persName> </hi>. I am barmaid at the Kent Hotel, Brownlow-street,</p>
<xptr type="pageFacsimile" doc="185703020032"/>
<p>Holborn. On 9th Feb. the prisoner came, and had a glass of ale—he gave me a sovereign; I gave him a new half sovereign in change, and three half crowns—he said, "I can pay for the ale in halfpence if you will give me the full change"—I gave him the full change, another half crown, and he then wanted change for the half sovereign—I had not change there—Mr. Britton came in, looked at the half sovereign, and said it was bad—that was not the half sovereign I had given to the prisoner.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> How long have you been in your master's service?
<hi rend="italic">A.</hi> About three months—we have many customers—I had been attending there the whole of that day—this was about 9 o'clock in the evening—my master had been serving that day—the money that was taken from the customers was all put into the same till—the gold is separate from the silver—there are two little bowls in the till, one for gold, one for silver—my master had not gone out five minutes before the prisoner came—there were two gentlemen in the house, who were there before the prisoner came in—they are customers of my master—they were in when my master came back, and heard what he said to the prisoner—I did not say, when my master came in, that the prisoner changed the half sovereign—those other gentlemen stood close to the prisoner—they are not here—I did not hear the prisoner ask that the police might be sent for; he did not ask to be searched—my master told the policeman to search him—I did not hear the prisoner say, "Search me"—I was not far from him—he might have said it, and I not heard it—a good many other people were in the bar when the policeman came in—my master spoke to the prisoner about
<hi rend="italic">ringing the changes</hi>, and he said he had not done so, it was the same that I gave him—he did not say, "I am a respectable man; I will give you my name and address"—he wanted ten minutes to do that.</p>
<hi rend="italic">Q.</hi> What, ten minutes to think of his name?
<hi rend="italic">A.</hi> Yes—he said he lived at No. 15, Exeter-street—I did not hear him say he was a traveller—no one, besides my master and myself, had been serving customers—my master takes money out of the till at different times during the day—it might have been a quarter of an hour before this that my master had been to the till—he took out 10
<hi rend="italic">s</hi>. in silver—when he takes money in that way he does not give me any account—he puts the money into a glass case—he does not make any memorandum of it on a paper or slate—if he puts any money in he does not make any memorandum.</p>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> Were the other persons tradesmen in the neighbour
<hi rend="italic">A.</hi> Yes—they were sitting down—the prisoner was standing up—I had noticed the half sovereign before I gave it him—it was a new one—I had taken it that day, and put it into the till—it was the only half sove
<lb/>reign there.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-147" type="witnessName">
<interp inst="t18570302-name-147" type="gender" value="male"/>
<interp inst="t18570302-name-147" type="surname" value="BRITTON"/>
<interp inst="t18570302-name-147" type="given" value="EDWARD"/>EDWARD BRITTON</persName> </hi>. I am landlord of the Kent Hotel; I attend to the till and the money in it. I remember the prisoner being there—I had been to the till about five minutes before he was there—I noticed one half sove
<lb/>reign in it, which was good—I left the 'bar for about five minutes—the last witness was to attend to it in my absence—when I returned I heard some talk about change—the last witness said the gentleman wanted smaller change for the half sovereign she had given him—I picked it up, and it struck me directly that it was bad—I can swear it was not the half sovereign which had been in my till just before—I told the prisoner he had been ringing the changes—he said that he had not—I told him unless he would give me his address I would give him in charge—he refused for some time, and wanted me to give him ten minutes to go out, and said</p>
<xptr type="pageFacsimile" doc="185703020033"/>
<p>that he would return and give me his address—I declined that—an officer came, and the prisoner gave his address, No. 15, Exeter-street, Strand, and his name, 0. Stauffer—I accommodated him with pen and ink, and he wrote it down—this is it—I have been there, and they know nothing of him, more than his calling there—it is a very low house in appearance.</p>
<hi rend="italic">Cross-examined. Q.</hi> Did the persons know him?
<hi rend="italic">A.</hi> Yes; he required ten minutes to go away and bring his address back with him—I think I have made that statement before to day; to the policeman and the parties present—they were customers of mine—when the policeman was sent for, I said something about wishing the prisoner to be searched—the prisoner did not express his willingness to be searched—he did not say, "Search me"—the policeman said that he had not power to search him then—I went with him to the station—we had taken an average sum of money that day; a few pounds—I had taken money out of the till—I had not taken any gold out of the place where this was—I had not taken a half sovereign that day out of the till—I had not taken any gold out of the till; I had put in silver and gold; 4
<hi rend="italic">l</hi>. or 5
<hi rend="italic">l</hi>., or something like that—that was early in the evening—T had not taken any money out of the till for about an hour On two before I went out—I had gone to the till to give change—I had given change that evening for gold—I had to go and change a cheque, and the half sovereign that was in the till I had got in change—I gave the gentleman the rest of the gold—this half sovereign I had put into the till five or ten minutes before the prisoner came in.</p>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> On what house was the cheque?
<hi rend="italic">A.</hi> On the Union Bank; I received it between 8 and 9 o'clock—I got the money for it at Henniker, Abbott, and Co.—I am sure the half sovereign was one I received for that cheque, and it was good—I am sure this half sovereign which the prisoner gave is not the half sovereign I put into the till.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Was the gentleman you took the cheque from in your house?
<hi rend="italic">A.</hi> Yes; I took the cheque and gave him the full change—the waiter was serving him—the change included the half sovereign—the gentleman paid for the refreshment to me and to the barmaid—he paid the half sovereign and a sovereign—the barmaid took the money up—the cheque was 7
<hi rend="italic">l</hi>. 10
<hi rend="italic">i.</hi>—the change was given to the prisoner out of the case and the till—the half sovereign was given to the prisoner from the case—we never keep gold in the till.</p>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">to</hi>
<hi rend="smallCaps">ELIZA SHAD</hi>.
<hi rend="italic">Q.</hi> Where did you take the half sove
<lb/>reign from which you gave the prisoner?
<hi rend="italic">A.</hi> Out of the glass case—not out of the till.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> What are those bowls in the till that you spoke of?
<hi rend="italic">A.</hi> One for halfpence, one for silver—there is a third bowl, in which we some
<lb/>times keep sixpences, and sometimes fourpenny pieces—I took the silver from the till—I put the half sovereign in the case—the gentleman who paid for the luncheon gave me the half sovereign, and a sovereign—I took them up and put them into the glass case.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-148" type="witnessName">
<interp inst="t18570302-name-148" type="gender" value="male"/>
<interp inst="t18570302-name-148" type="surname" value="WALKER"/>
<interp inst="t18570302-name-148" type="given" value="CHARLES"/>CHARLES WALKER</persName> </hi>. (
<hi rend="italic">police sergeant, E</hi> 62). I took the prisoner and received this half sovereign—he gave his address, No. 15, Exeter-street, Strand—I have been there; the landlord did not know him—many people live in the house—when we got to Coram-street, I heard some
<lb/>thing jink on the pavement—I had not time to search for it, as there were so many people following him—I saw the prisoner put his hand to his right hand pocket several times.</p>
<hi rend="italic">Cross-examined. Q.</hi> What do you mean by saying that at the house</p>
<xptr type="pageFacsimile" doc="185703020034"/>
<p>they did not know the prisoner?
<hi rend="italic">A.</hi> They said that he had called there several times, but they did not know anything about him; he did not live there.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-149" type="witnessName">
<interp inst="t18570302-name-149" type="gender" value="male"/>
<interp inst="t18570302-name-149" type="surname" value="WEBSTER"/>
<interp inst="t18570302-name-149" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This half sovereign is bad.</p>
<hi rend="smallCaps">
<rs id="t18570302-392-verdict-1" type="verdictDescription">
<interp inst="t18570302-392-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-392-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.** Aged 20.—
<hi rend="italic">
<rs id="t18570302-392-punishment-32" type="punishmentDescription">
<interp inst="t18570302-392-punishment-32" type="punishmentCategory" value="imprison"/>
<interp inst="t18570302-392-punishment-32" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-392-18570302 t18570302-392-punishment-32"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, March</hi> 4
<hi rend="italic">th</hi>, 1857.</p>
<hi rend="largeCaps">PRESENT</hi>—The Rt Hon. the
<hi rend="smallCaps">LORD MAYOR</hi>.; Mr. Justice
<hi rend="smallCaps">ERLE</hi>.; Mr. Baron
<hi rend="smallCaps">BRAMWELL</hi>.; Mr. Ald.
<hi rend="smallCaps">HALE</hi>.; and
<hi rend="smallCaps">MICHAEL PRENDERGAST</hi>., Esq.</p>
<hi rend="italic">Before Mr. Justice Erle and the Third Jury.</hi> </p>
<div1 type="trialAccount" id="t18570302-393">
<interp inst="t18570302-393" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-393" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-393-charge-1" targOrder="Y" targets="def1-393-18570302 t18570302-393-offence-1 t18570302-393-verdict-1"/>
<persName id="def1-393-18570302" type="defendantName">
<interp inst="def1-393-18570302" type="gender" value="male"/>
<interp inst="def1-393-18570302" type="age" value="11"/>
<interp inst="def1-393-18570302" type="surname" value="SELBY"/>
<interp inst="def1-393-18570302" type="given" value="GEORGE EDWIN"/>
<hi rend="largeCaps">GEORGE EDWIN SELBY</hi> </persName> was indicted
<rs id="t18570302-393-offence-1" type="offenceDescription">
<interp inst="t18570302-393-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570302-393-offence-1" type="offenceSubcategory" value="mail"/>for stealing, whilst employed under the Post Office, a post letter containing 1 half sovereign and 4 shillings; the moneys of
<persName id="t18570302-name-151" type="victimName">
<interp inst="t18570302-name-151" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18570302-393-offence-1 t18570302-name-151"/>Her Majesty's Postmaster General</persName>: to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18570302-393-verdict-1" type="verdictDescription">
<interp inst="t18570302-393-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-393-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 11.—
<hi rend="italic">
<rs id="t18570302-393-punishment-33" type="punishmentDescription">
<interp inst="t18570302-393-punishment-33" type="punishmentCategory" value="imprison"/>
<interp inst="t18570302-393-punishment-33" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-393-18570302 t18570302-393-punishment-33"/>Confined Six Months</rs>, and then
<rs id="t18570302-393-punishment-34" type="punishmentDescription">
<interp inst="t18570302-393-punishment-34" type="punishmentCategory" value="imprison"/>
<interp inst="t18570302-393-punishment-34" type="punishmentSubcategory" value="otherInstitution"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-393-18570302 t18570302-393-punishment-34"/>Confined Five Years in a Reformatory</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18570302-394">
<interp inst="t18570302-394" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-394" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-394-charge-1" targOrder="Y" targets="def1-394-18570302 t18570302-394-offence-1 t18570302-394-verdict-1"/>
<persName id="def1-394-18570302" type="defendantName">
<interp inst="def1-394-18570302" type="gender" value="male"/>
<interp inst="def1-394-18570302" type="age" value="19"/>
<interp inst="def1-394-18570302" type="surname" value="WEST"/>
<interp inst="def1-394-18570302" type="given" value="HENRY MILWARD"/>
<hi rend="largeCaps">HENRY MILWARD WEST</hi> </persName> was indicted
<rs id="t18570302-394-offence-1" type="offenceDescription">
<interp inst="t18570302-394-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570302-394-offence-1" type="offenceSubcategory" value="mail"/>for a like offence: to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18570302-394-verdict-1" type="verdictDescription">
<interp inst="t18570302-394-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-394-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 19.—
<hi rend="italic">
<rs id="t18570302-394-punishment-35" type="punishmentDescription">
<interp inst="t18570302-394-punishment-35" type="punishmentCategory" value="imprison"/>
<interp inst="t18570302-394-punishment-35" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-394-18570302 t18570302-394-punishment-35"/>Four Years Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18570302-395">
<interp inst="t18570302-395" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-395" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-395-charge-1" targOrder="Y" targets="def1-395-18570302 t18570302-395-offence-1 t18570302-395-verdict-1"/>
<persName id="def1-395-18570302" type="defendantName">
<interp inst="def1-395-18570302" type="gender" value="male"/>
<interp inst="def1-395-18570302" type="age" value="46"/>
<interp inst="def1-395-18570302" type="surname" value="FENNER"/>
<interp inst="def1-395-18570302" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE FENNER</hi> </persName> was indicted
<rs id="t18570302-395-offence-1" type="offenceDescription">
<interp inst="t18570302-395-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570302-395-offence-1" type="offenceSubcategory" value="mail"/>for a like offence: to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18570302-395-verdict-1" type="verdictDescription">
<interp inst="t18570302-395-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-395-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 46.—
<hi rend="italic">
<rs id="t18570302-395-punishment-36" type="punishmentDescription">
<interp inst="t18570302-395-punishment-36" type="punishmentCategory" value="imprison"/>
<interp inst="t18570302-395-punishment-36" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-395-18570302 t18570302-395-punishment-36"/>Six Years Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18570302-396">
<interp inst="t18570302-396" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-396" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-396-charge-1" targOrder="Y" targets="def1-396-18570302 t18570302-396-offence-1 t18570302-396-verdict-1"/>
<join result="criminalCharge" id="t18570302-396-charge-2" targOrder="Y" targets="def1-396-18570302 t18570302-396-offence-2 t18570302-396-verdict-1"/>
<join result="criminalCharge" id="t18570302-396-charge-3" targOrder="Y" targets="def1-396-18570302 t18570302-396-offence-3 t18570302-396-verdict-1"/>
<persName id="def1-396-18570302" type="defendantName">
<interp inst="def1-396-18570302" type="gender" value="male"/>
<interp inst="def1-396-18570302" type="age" value="22"/>
<interp inst="def1-396-18570302" type="surname" value="MEAGHER"/>
<interp inst="def1-396-18570302" type="given" value="MIALL"/>
<hi rend="largeCaps">MIALL MEAGHER</hi> </persName> was indicted
<rs id="t18570302-396-offence-1" type="offenceDescription">
<interp inst="t18570302-396-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18570302-396-offence-1" type="offenceSubcategory" value="forgery"/> for feloniously forging and uttering a warrant for the delivery of goods;</rs>
<rs id="t18570302-396-offence-2" type="offenceDescription">
<interp inst="t18570302-396-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t18570302-396-offence-2" type="offenceSubcategory" value="forgery"/>
<hi rend="italic">also</hi>, for a like offence;</rs>
<rs id="t18570302-396-offence-3" type="offenceDescription">
<interp inst="t18570302-396-offence-3" type="offenceCategory" value="deception"/>
<interp inst="t18570302-396-offence-3" type="offenceSubcategory" value="fraud"/>
<hi rend="italic">also</hi>, for unlawfully obtaining goods by false pretences:</rs> to all which he</p>
<hi rend="smallCaps">
<rs id="t18570302-396-verdict-1" type="verdictDescription">
<interp inst="t18570302-396-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570302-396-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. Aged 22.—
<hi rend="italic">
<rs id="t18570302-396-punishment-37" type="punishmentDescription">
<interp inst="t18570302-396-punishment-37" type="punishmentCategory" value="imprison"/>
<interp inst="t18570302-396-punishment-37" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-396-18570302 t18570302-396-punishment-37"/>Eight Years Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18570302-397">
<interp inst="t18570302-397" type="uri" value="sessionsPapers/18570302"/>
<interp inst="t18570302-397" type="date" value="18570302"/>
<join result="criminalCharge" id="t18570302-397-charge-1" targOrder="Y" targets="def1-397-18570302 t18570302-397-offence-1 t18570302-397-verdict-1"/>
<join result="criminalCharge" id="t18570302-397-charge-2" targOrder="Y" targets="def2-397-18570302 t18570302-397-offence-1 t18570302-397-verdict-1"/>
<join result="criminalCharge" id="t18570302-397-charge-3" targOrder="Y" targets="def1-397-18570302 t18570302-397-offence-2 t18570302-397-verdict-2"/>
<join result="criminalCharge" id="t18570302-397-charge-4" targOrder="Y" targets="def2-397-18570302 t18570302-397-offence-2 t18570302-397-verdict-2"/>
<persName id="def1-397-18570302" type="defendantName">
<interp inst="def1-397-18570302" type="gender" value="male"/>
<interp inst="def1-397-18570302" type="surname" value="WINN"/>
<interp inst="def1-397-18570302" type="given" value="JAMES MITCHELL"/>
<hi rend="largeCaps">JAMES MITCHELL WINN</hi> </persName> and
<persName id="def2-397-18570302" type="defendantName">
<interp inst="def2-397-18570302" type="gender" value="male"/>
<interp inst="def2-397-18570302" type="surname" value="TINLEY"/>
<interp inst="def2-397-18570302" type="given" value="THOMPSON"/>
<hi rend="largeCaps">THOMPSON TINLEY</hi> </persName>.,
<rs id="t18570302-397-offence-1" type="offenceDescription">
<interp inst="t18570302-397-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18570302-397-offence-1" type="offenceSubcategory" value="wounding"/>feloniously assaulting and wounding
<persName id="t18570302-name-157" type="victimName">
<interp inst="t18570302-name-157" type="gender" value="male"/>
<interp inst="t18570302-name-157" type="surname" value="BENHAM"/>
<interp inst="t18570302-name-157" type="given" value="MARK BENJAMIN"/>
<join result="offenceVictim" targOrder="Y" targets="t18570302-397-offence-1 t18570302-name-157"/>Mark Benjamin Benham</persName> on his head, with intent to do him grievous bodily harm.</rs> </p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18570302-name-158" type="witnessName">
<interp inst="t18570302-name-158" type="gender" value="male"/>
<interp inst="t18570302-name-158" type="surname" value="BENHAM"/>
<interp inst="t18570302-name-158" type="given" value="MARK BENJAMIN"/>MARK BENJAMIN BENHAM</persName> </hi>. I am managing clerk to Mr. Jones, an attorney. In May, 1856, I took a house at the corner of Finsbury-square—I entered into an agreement with Dr. Winn; it was in writing—I was to live in the house, and he was to have two rooms on the ground floor, one back bed room on the second floor, and a small room in the basement—he was to carry on his profession there as a physician, but his family was not to reside there—the bed room that he occupied was on the same floor as my bed room—previous to 29th Sept. there had been a great many disputes between us—Tinley is his servant, and lives in the house—on 29th Dec., at near a quarter to 12 o'clock at night, I was going up to my bed room—I had reached the landing of my bed room, and was about a foot or eighteen inches in my room; the door was open, and I was just in the act of entering—I had a wrapper hanging on my left arm, and my hat and a chamber candlestick, with a lighted candle, in my right hand—when I was about twelve or eighteen inches in my room, Dr. Winn ran after me, and struck me twice or thrice on the back of the neck—that was whilst my back was towards him—they were violent blows, struck with the fist—he then caught hold of me by the stock and shirt, and pulled me round, and kept beating me about the shoulders and head—at the time he struck me,</p>
<xptr type="pageFacsimile" doc="185703020035"/>
<p>I dropped all that I had on my arms; there was a gas light over my bed room door—at this time my wife was on the next flight of stairs—my daughters were also on the stairs, going up with my wife to see the younger children—when he dragged me round, he caught hold of me by the back of the hair; I struck up, and tried to get away from him; he held me by the back of the hair, and held my head down, and called out, "Tinley, Tinley!"—Tinley replied, "I am coming, I will give him a
<hi rend="italic">pill</hi>, I will give him a
<hi rend="italic">pill</hi>"—he said it twice—Tinley came and struck me with something on the head three or four times, such as I never felt in my life before—I said, "My God, Sarah, they are murdering me; they have either got a life preserver or some deadly weapon, for it is not the hand of a man that I have been struck with"—the blows stunned me, and an immense quantity of blood began to flow; I was saturated with blood in a few minutes—I lost my senses for some time, not very long; I found myself in the middle of the bed room a minute or two after—I was taken in a
<hi rend="italic">cab</hi> to Mr. Jenkins, my medical man; he lives in Great Prescott—street, and has attended my family ten or twelve years—I had my wounds dressed.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SEBJEANT PARRY</hi>. (
<hi rend="italic">with</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.)
<hi rend="italic">Q.</hi> My friend Serjeant Ballantine said that you had been convicted some years ago?
<hi rend="italic">A.</hi> Yes, fourteen years ago; it was for conspiracy to defraud—the sentence was eighteen calendar months, from which I subsequently received a free pardon—I did not serve more than a year—after that I received Her Majesty's free pardon; I have not got it; it was shown to me when I was discharged, but not given to me—I swear that—if I am not mistaken, it had the signature of Her Majesty to it, but I am not sure of it, it is so many years ago—it was shown to me by the Governor, Captain Groves—I never saw Her Majesty write, but it was a signature I believe to be hers—I occupy as tenant under Dr. Winn; I believe Dr. Winn has a lease of the house for thirteen years—there has been some discussion about it—there has been no anxiety on my part, not the least—I wanted to purchase his lease when I first entered the house, but when he said he did not want to dispose of it I gave up all idea of it—I never ordered my family to do anything in order to drive Dr. Winn out of the house; I have expended too much money upon the house to make things uncomfortable; I have never given any directions to my family or my servants to do everything to drive Dr. Winn out of the house; I did not do so up to Christmas Day last, or three or four days before this matter occurred; I have been very unhappy in the house, in consequence of his not paying his rent, and my goods being liable to be distrained—I paid 80
<hi rend="italic">l</hi>. a year; the whole rent is about 100
<hi rend="italic">l</hi>.—I paid my rent—my father's name was Mark Benjamin, my name is Mark Benjamin Benham; I will swear that; I was married in that name nineteen years ago, by the late Dr. Herschell—I am thirty-nine years of age—up to the age of about fifteen I went by the name of Mark Benjamin; I then adopted the name of Benham—I have never been bankrupt—I was insolvent years ago; I took the benefit of the Act for 5, 084
<hi rend="italic">l</hi>., and I have got a release in my pocket for 5, 050
<hi rend="italic">l</hi>. which I have paid my creditors; there is 34
<hi rend="italic">l</hi>. now outstanding, and allow me to explain why I cannot pay that, because I cannot find the persons, and it is my intention to pay the money into court, and obtain a re-vesting order—it has cost me about 1, 000
<hi rend="italic">l</hi>. to get released—I was remanded for six months, under the 76th section, what is called a discretionary clause; it was not for any fraud; the Commissioner said I had been living at too expensive a rate, but my detaining creditor sent my discharge two or three days after I was</p>
<xptr type="pageFacsimile" doc="185703020036"/>
<p>remanded; it may have been fourteen days, it was a short period after, I will swear it was within a month—I was but twenty-two years of age then—I owed 5, 000
<hi rend="italic">l</hi>. or 6, 000
<hi rend="italic">l</hi>.—I carried on the business of an army and navy tailor at Greenwich.</p>
<hi rend="italic">Q.</hi> Have you ever used any abusive language to Dr. Winn?
<hi rend="italic">A.</hi> None, to my knowledge—on the night in question Dr. Winn was in his bed room as I passed the door—I do not recollect ever having called him a swindler—I will not swear I did not, but I have no recollection of having used any such words—I may have said that he was a swindler as I was passing his door, but I have no recollection of having said it—I will not swear that I did not say it, for I had been that day to the Comptroller's office, and found that a distress was about to come in for three quarters rent—I may, as I passed the door, have called him a swindler—there was nobody in the house but my family, and Dr. Winn and Tinley—I had never called him a swindler before to my knowledge—I do not know that I have—I think I may safely swear it—I do not think I have, I will not swear it; but I do not believe that I have—I have not repeatedly called him a swindler—I do not recollect having called him a swindler at all, but I was much annoyed when I found that my things were likely to go away for rent which I had paid—I will swear that I have not repeatedly called him so—I do not remember ever having called him so; I may have said so, but not often certainly, for I had not spoken to him for a month before this happened—I have not repeatedly said to other persons that he was a swindler—I may have said that he got up two bubble companies, or was a party to them; he told me so himself of one, the Caxton—he did not use the word "bubble," but he talked of it to me—I have not told his patients when they came to the door that he was a swindler—Dr. Conquest lives next door; I do not know him particularly; I knew him by sight before this matter, as I might know any gentleman of the bar, but never to speak to him—I have never been to his house except ten years ago, when I went to consult him; never since I have been at Dr. Winn's;—my family are not on visiting terms with him—Dr. Conquest has called upon me once or twice at Mr. Jones's office since this affair; he is practising next door.</p>
<hi rend="italic">Q.</hi> Do you know whether Dr. Winn purchased the practice from Dr. Conquest?
<hi rend="italic">A.</hi> I was not present, but I have heard very different—I will swear that Dr. Winn has told me himself, that he did not purchase it of him; he bought his furniture of him and fixtures—Dr. Conquest formerly lived in that house—I swear solemnly that I had not had several interviews with Dr. Conquest before this matter occurred; I am not on intimate terms with Dr. Conquest—I never prevented Dr. Winn from coming home, or barred the outer door; he had a key in his pocket—I did not when he came home late one night in Nov., call out to him from the top of the stairs that he had been out to pawn his trowsers, or his coat, or anything—I might have said he had been to a pawnbroker's—I do not think I called out anything else—I was in bed when he rang at the bell—I got out of bed—I believe I called out to him from the top of the stairs, that he had been to a pawnbroker's—I do not believe I said he was a swindler—I will not swear it, but I do not believe I did—I have not directed my children to make noises over Dr. Winn's head, I will swear that—Dr. Winn has not complained of their making noises, and disturbing him; that was what I complained of to him—he lives down stairs—I have not told my children to make noises above his head to annoy him—to my knowledge they have not repeatedly done so—I am managing clerk to Mr. William Jones, a solicitor—I</p>
<xptr type="pageFacsimile" doc="185703020037"/>
<p>am also a discounter, and have been so seven or eight years—on the night in question, Dr. Winn came out of his bed room in his shirt, trowsers, and boots—I mean to represent that I have told the truth in all that I have stated about his holding me, and that he overpowered me—he had not any weapon in his hand.</p>
<hi rend="italic">Q.</hi> Did you not, as Dr. Winn came out of his room, turn round and deli
<lb/>berately strike him a blow on the eye?
<hi rend="italic">A.</hi> No; I could not have done so—I did not—he ran down stairs when he heard my family cry "Murder!" and he heard the police breaking in, and I am told that he said to the police
<lb/>man that he would charge me—what he said was, "I will charge him"—they both ran away after they had assaulted me.</p>
<hi rend="italic">Q.</hi> When he cried out to his servant, "Tilney! Tilney!" were you not holding him on the ground and strangling him, or attempting to do so?
<hi rend="italic">A.</hi> On my solemn oath he was standing as upright as I am now, and he was hold
<lb/>ing me down by the back of my hair—I represent that solemnly—Dr. Winn had a black eye, but he has always discolored eyes, you must understand; I do not mean it offensively—(Dr.
<hi rend="italic">Winn, who wore coloured spectacles, was here requested to remove them</hi>)—I do not mean that his eyes were only like that; his left eye was black—I saw that next morning at the police court, I can explain how it happened.</p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> We may as well know?
<hi rend="italic">A.</hi> No doubt I struck up in order to get away from him, and I must have struck him in the eye—I have no doubt at all of it—the conviction for conspiracy took place more than fourteen years ago—it was a prosecution by my stepfather, mother, and sister; I have never spoken to them since—I brought the facts to the attention of the Crown, and received a free pardon—I had an uncle named Benham; he carried on business in Jermyn-street, St. James's—I did not carry on that business after him; he died before I went to Greenwich—after the remand in the Insolvent Court, the peti
<lb/>tioning creditor withdrew his opposition, and discharged me, and since that time I have paid l, 000
<hi rend="italic">l</hi>., and obtained a release from all my creditors—when I went up stairs on the night in question, Dr. Winn was in his room—I did not see him as I passed—his bed room is on the same flight as mine—I believe his door was shut—my last quarter's rent was due on Christmas day; this occurred on the 29th Dec.; I had paid my rent on the morning of the 26th—Dr. Winn holds a lease from the City of London—I have a good deal of furniture and seizable property in the house.</p>
<hi rend="italic">Q.</hi> What is this about the pawnbroker and the breeches?
<hi rend="italic">A.</hi> I have repeatedly applied to Dr. Winn after 12 o'clock to allow' the street door to be fastened by the bolts, for I do not deem it safe to go to bed leaving it on the mere latch; he has refused time after time to allow it—one night, I did not know that he was out, we went to bed soon after 12 o'clock, and by the merest accident we bolted the door; when he came home he rang the bell violently; I was in bed at the time, it caused me to jump out of bed, my servants, and my little babes; I desired my son to run down stairs, and he opened the door; but Dr. Winn had broken the bell before he could arrive—I was angry, because I thought it was a fire—it was on that occasion that I said something about the pawnbroker's—we were all dreadfully excited; we thought the house was on fire, in consequence of the violent ringing—it was a very large night bell, and he rang it incessantly for several minutes until it broke.</p>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">Q.</hi> Has there ever been a distress for rent in the house?
<hi rend="italic">A.</hi> No; but I believe there have been other things in—I will not</p>
<xptr type="pageFacsimile" doc="185703020038"/>
<p>pledge my oath that there has been an execution in the house, but I have heard it.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-159" type="witnessName">
<interp inst="t18570302-name-159" type="gender" value="female"/>
<interp inst="t18570302-name-159" type="surname" value="BENHAM"/>
<interp inst="t18570302-name-159" type="given" value="SARAH"/>SARAH BENHAM</persName> </hi>. I am the prosecutor's wife. On the night this assault occurred upon my husband, I was going upstairs to bed with him—I was behind him—my two daughters and my son were also going up with us—we were all behind my husband—we were going up the nursery stairs—we passed Dr. Winn's bed room door—it was closed—I was at that time behind my husband—my son sleeps up stairs—he is sixteen years old—my daughters sleep in the next room to mine, on the same floor—my husband was going into his room as we were going up the nursery stairs to see the younger children—I was close behind my husband at the time he passed Dr. Winn's door—he did not use the word "swindler," or anything of that sort; I never heard him utter a word—as I was going up the nursery stairs, I heard the doctor open his door, and he rushed out, and fairly jumped upon my husband's back—he struck him several blows on the back of his neck; and with that, my husband let the articles fall that he had in his hands—Dr. Winn then pulled him round, and struck him in front, and in dragging him round, he tore the wristband of his shirt off, and threw it on the ground—by some means he caught hold of the back of his neck, and my husband hit him up in this manner to beat him off—the doctor then called out, "Tinley, Tinley, come and help me fight this man!"—Tinley immediately answered, "I am coming, I will give him a
<hi rend="italic">pill</hi>;" and I saw him come up the stairs—I saw something shine, I thought he had a gun in his hand—when he came up to my husband, the doctor had my husband's head down in this position, by the back of his head, holding his head back—Tinley came up, and struck him immediately two or three times on the back of his head, and I then perceived that it was a poker—my husband called out to me to come immediately—I did not call out, I ran away to cry for assistance—I did not see my husband again until he came down into the hall—during the whole of this proceeding, neither my husband nor Dr. Winn were on the ground—when I saw him in the hall the police had come in—he was then bleeding dreadfully; his face and neck were covered with blood—he was taken off in a
<hi rend="italic">cab</hi> to the police station, and afterwards to Mr. Jenkins—he was in a dreadful state when he came back—I could scarcely keep life in him, he was swooning continually—I wanted to per
<lb/>suade him to lie down, but he would not; I was obliged to bathe his hands and face with vinegar—that lasted till we went to the police court—two or three days before this, Dr. Winn put his fist in my face, and called me a very improper word, and said, "I know something of your husband, and I will do for him"—he called me a common prostitute.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">Q.</hi> I believe you have never mentioned that before in the hearing of Dr. Winn?
<hi rend="italic">A.</hi> Not in Court; I have mentioned it to several persons before to day, repeatedly, but not in Dr. Winn's presence—I never charged him with it, but he knows it is true—I told my husband that he had put his fist in my face; and every one in the house knew it—I did not think it necessary to mention it at the station—I did not, in Oct. and Nov. last, repeatedly call Dr. Winn a swindler—I do not make use of such language as that—I will swear that I have never called him a swindler; I have often said that I considered his conduct very disgraceful, nothing further than that—I have not repeatedly said to persons who have come there, that he was a swindler, and connected with bubble companies—I never spoke to any one connected with the doctor—I have never directed my children to annoy him; I have never</p>
<xptr type="pageFacsimile" doc="185703020039"/>
<p>placed dirty things in the passage——I have not seen my children do it; nor had them taken back—I have babies in the nursery, and they play some-times, nothing more than that—there have not been boys of thirteen or fourteen years of age hammering and knocking over Dr. Winn's head, I have but one son at home, he has not done so—Dr. Winn's son has an
<lb/>noyed us; we were too frightened to annoy him—I have not repeatedly said, in the hearing of other persons, two or three months before Christmas last, that Dr. Winn was the greatest swindler on the face of the earth—I can swear most positively that I never uttered such a word—I have not repeatedly said to Tinley that I and my husband meant to turn the doctor out of the house—I never uttered such a word—I have never said that we meant to turn him out of the house, and that we were all but masters of the lease; nothing of the kind; I said we had a right to do as we liked in our own house, nothing further—I have not said that my husband Was determined to turn him out of the house.</p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> You have young children up stain in the nursery; what ages are they?
<hi rend="italic">A.</hi> The eldest is nine and the youngest is four—my son Albert is sixteen, and I have two daughters—it was my son and my two daughters who were going up stairs with us; the younger children occupy the nursery—they do not play about in the rooms below, they always keep in the nursery—sometimes they come down for half an hour into the dining room—they were the only children in the house—I have another son at Paris.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-160" type="witnessName">
<interp inst="t18570302-name-160" type="gender" value="male"/>
<interp inst="t18570302-name-160" type="surname" value="BENHAM"/>
<interp inst="t18570302-name-160" type="given" value="ALBERT"/>ALBERT BENHAM</persName> </hi>. I am the prosecutor's son. On the night of 29th Dec, I was going up to bed at the same time as my father and mother—when we got on the floor of the bedrooms, my father was behind me—I sleep on the third floor; as I was going up, Dr. Winn rushed upon my father without any provocation whatever; he took hold of him sideways, in the front, took hold of him by the back of the head, and drew him down in that manner, and held him down for a time, and called Tinley; he drew him out of his room, he was about two or three feet in his room—Tinley came; as he wag coming up, he said, "I am coming, I will give him a
<hi rend="italic">pill</hi>"—he repeated those words twice; he came up with some weapon and struck my father on the head, and blood flowed; I could not tell exactly what he had in his hand—I directly ran to mamma's bedroom, smashed a couple
<hi rend="italic">of</hi> windows, and made an alarm; I called out, "Police!"—the police came; but before that I asked mamma for the rattle, and went into my sister's room and sprang it—on the afternoon of that day, I was in the library with young Somellera, and my two sisters; I was getting up a few sentences of poetry with master Somellera, and rose from my seat to recite them, when Dr. Winn, and his servant, Tinley, suddenly rushed up and opened the door—Dr. Winn told Tinley to come in, and made use of a bad expression, and said, "Take hold of the young vagabond by the throat; they are making a noise, and I will not allow a parcel of strangers in my house"—Tinley came and took hold of me by the throat—my sisters went down and told papa that Dr. Winn and Tinley were fighting me, and papa came up; Dr. Winn asked him to fight, and papa replied, "I am not a fighting man"—as they were going down stairs I heard Tinley say, "You shall suffer before the night is out," that meant my
<hi rend="italic">pa</hi>, because it was said to him—Dr. Winn replied, "Yes, he shall."</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">Q.</hi> I suppose when Dr. Winn came up and asked your father to fight, he had his coat off?
<hi rend="italic">A.</hi> No—he wetted his hands, and put himself in a fighting attitude, squaring up to him—he refused to fight, went down stairs, and Dr. Winn followed ham—Dr.</p>
<xptr type="pageFacsimile" doc="185703020040"/>
<p>Winn did not strike him, he went and put his fist in his face, in a menacing way; this was about 9 o'clock in the evening—Joseph Somellera and my sisters were present—I mentioned this at Worship-street police court—Dr. Winn was complaining of our making a noise over his head—young Somel
<lb/>lera is a Mexican boy, a companion of mine, living with Mrs. Bedal, in the next house—Dr. Winn complained of a noise going on, he did not say who made it; we were not stamping on the floor, and kicking up a
<hi rend="italic">row</hi>—I have not often done so, never—I do not say we were quite quiet, because a ruler happened to fall off the table, and it made a noise on the floor; it did not fall more than once, I am quite sure of that; my sisters and Somellera were sitting down, and I was standing up, reciting the few sentences that I had written—I was not kicking my feet on the floor, and knocking on the floor with the ruler, for the purpose of annoying Dr. Winn; I have never been told to do so—Dr. Winn has not repeatedly complained to me of making a noise, not over head, nor on the same floor, never—he has complained two or three times of my making a noise and annoying him—I have not done so, never on purpose—I do not know a Dr. Godfrey, a friend of Dr. Winn's—I never said to any friend of Dr. Winn's that he was a swindler, never in my life, or to any one—I am sixteen years old—I live at home—I go to school—I know a coachman of the name of Philip, I do not know that his name is Wall—I have never heard Dr. Winn complain of my putting dirty things in the passage at the time his patients were coming; he has never complained to me—I have not done it, I never put a slop pail there, or a pail out of the yard, or littered the old chairs about the passage—he has complained of it to my
<hi rend="italic">pa</hi>, only once—I was sitting on a chair, but making no noise;
<hi rend="italic">pa</hi> was in the room, in the parlour opposite—I never said to Philip, the coachman, that my
<hi rend="italic">pa</hi> was determined to get Dr. Winn out of the house—I never said that we meant to turn him out, and ruin his practice—I never said to Tinley, in my elder brother's presence, that my
<hi rend="italic">pa</hi> was deter
<lb/>mined to get the lease of the house, and that he had better leave Dr. Winn's employment—I never said to Tinley, "Papa, when he is tipsy, is very vio
<lb/>lent, and he is twice as strong as Dr. Winn"—I will swear that, never any
<lb/>thing of the sort—I deny saying so at any time—I never told Tinley it would be better for him to leave Dr. Winn's service, and that my father was a richer man than Dr. Winn; I will swear that I never said such a thing—I have never called Dr. Winn a swindler—I have never said so to the little Mexican boy, nor have my sisters—I never said to Dr. Godfrey, or any gentle
<lb/>man, when I opened the door to him, "I suppose you are one of his
<hi rend="italic">pals</hi>, and want your supper."</p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> You have been asked whether you said something about your father when he was drunk; have you ever seen your father drunk?
<hi rend="italic">A.</hi> Never in my life—I go to school at King's College, this makes my second term; before that I was at the City of London School—when I was sitting on the chair in the passage, I was not doing anything to annoy Dr. Winn, or anybody else.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-161" type="witnessName">
<interp inst="t18570302-name-161" type="gender" value="male"/>
<interp inst="t18570302-name-161" type="surname" value="SOMELLERA"/>
<interp inst="t18570302-name-161" type="given" value="JOSEPH"/>JOSEPH SOMELLERA</persName> </hi>. I am between thirteen and fourteen years of age; I live at No. 14, Finsbury-square, next door to Mr. Benham's, I go in and play with young master Benham; I come from Mexico, my guardian has the care of me. On 29th Dec. I was in the library with Albert Benham and his sister, when the two prisoners came up; I was not making a noise—as they went down stairs I heard Tinley say, "You shall suffer before the night is out," and Dr. Winn replied, "Yes, you shall."</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">Q.</hi> Dr. Winn has complained of</p>
<xptr type="pageFacsimile" doc="185703020041"/>
<p>your making a noise a little, has be not?
<hi rend="italic">A.</hi> Not to me; he has come in when I have been in the room—I and young Benham were not dancing about, and making a noise, nothing of the kind; Benham got out of his chair, and was just going to explain a little poetry, and Dr. Winn and his man came up—I do not think we had made any noise to disturb them; but if we had, and his man servant had come up, and told us to keep quiet, we would have kept quiet with great pleasure.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-162" type="witnessName">
<interp inst="t18570302-name-162" type="gender" value="female"/>
<interp inst="t18570302-name-162" type="surname" value="BENHAM"/>
<interp inst="t18570302-name-162" type="given" value="JULIA"/>JULIA BENHAM</persName> </hi>. I am fourteen years old. On the night of 29th Dec I was going up to bed with my parents—just as papa had entered his room, we were going up the nursery stairs, and Dr. Winn rushed out of his room, caught bold of papa at the back of his neck, and struck him two or three times, and he called out, "Tinley, Tinley, come and help me fight this man"—Tinley said, "I am coming, I will give him
<hi rend="italic">pill</hi>"—he came up with a poker, and struck papa three or four times on the head—I was in the library in the afternoon, with my sister, when the little Mexican boy and my brother were there.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">Q.</hi> Did your father and Dr. Winn struggle together?
<hi rend="italic">A.</hi> Yes, they were not thrown together on the ground—I am quite sure they were not at all on the ground.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-163" type="witnessName">
<interp inst="t18570302-name-163" type="gender" value="male"/>
<interp inst="t18570302-name-163" type="surname" value="WAKEFIELD"/>
<interp inst="t18570302-name-163" type="given" value="ISAAC"/>ISAAC WAKEFIELD</persName> </hi>. (
<hi rend="italic">policeman, G</hi> 133). About 12 o'clock on the night in question I was on duty in Finsbury-square—I heard a cry of "Murder!" and a rattle spring—I knocked at the door of Dr. Winn's house; it appeared to me to be opened by Dr. Winn—I found him in the passage—he said, "I will give him in charge, I will give him in charge"—in two or three minutes I saw Mr. Benham come down stairs; his face and head were covered with blood, and all the front of his shirt—I saw a little blood on Dr. Winn's lips—I could not see whether there was any wound; I saw nothing, only the blood—another constable took them both to the station in a
<hi rend="italic">cab</hi>—Mr. Benham told me what had happened—we found nothing up stairs; I found a poker in the back room, on the ground floor, which I have here—that was one of Dr Winn's rooms—we knocked at that door; it appeared to be locked—after two or three minutes it was opened by Tinley; I told him if he did not open it, I should break it open—the poker was in the fireplace—there were several spots of blood on it, they appeared to be fresh.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Were you in the street when the door was opened?
<hi rend="italic">A.</hi> I was on the steps against the door—I knocked for admittance—I heard somebody calling out, "Police!" I knocked two or three times, and then the door appeared to be opened by Dr. Winn; I saw him immediately the door was opened—I saw next morning that he had a black eye.</p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> When you said both were taken into custody, do you mean the prosecutor and prisoner?
<hi rend="italic">A.</hi> No, the two prisoners.</p>
<hi rend="smallCaps">
<persName id="t18570302-name-164" type="witnessName">
<interp inst="t18570302-name-164" type="gender" value="male"/>
<interp inst="t18570302-name-164" type="surname" value="MARSH"/>
<interp inst="t18570302-name-164" type="given" value="GEORGE"/>GEORGE MARSH</persName> </hi>. (
<hi rend=