<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<hi rend="largeCaps">FINNIS, MAYOR. ELEVENTH SESSION</hi>.</p>
<hi rend="italic">A star</hi> (*)
<hi rend="italic">denotes that prisoners have been previously in custody—two stars</hi> (**)
<hi rend="italic">that they have been more than once in custody—an obelisk</hi> (†)
<hi rend="italic">that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.</hi> </p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Monday, Sept.</hi> 14
<hi rend="italic">th, and Tuesday, Sept.</hi> 15
<hi rend="italic">th</hi>, 1857.</p>
<hi rend="largeCaps">PRESENT</hi>—The Rt. Hon. the
<hi rend="largeCaps">LORD MAYOR</hi>; Mr. Ald.
<hi rend="smallCaps">FAREBROTHER</hi>.; Sir
<hi rend="smallCaps">GEORGE CARROLL</hi>., Knt., Ald; Mr. Ald.
<hi rend="smallCaps">FARNCOMB</hi>.; Sir
<hi rend="smallCaps">FRANCIS GRAHAM MOON</hi>., Bart., Ald.; Mr.
<hi rend="smallCaps">RECORDER</hi>.; Sir
<hi rend="smallCaps">ROBERT WALTER CARDEN</hi>, Knt., M. P., Ald.; and Mr. Ald.
<hi rend="smallCaps">ROSE</hi>.</p>
<hi rend="italic">Before Mr. Recorder and the First Jury.</hi> </p>
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<persName id="def1-919-18570914" type="defendantName">
<interp inst="def1-919-18570914" type="gender" value="male"/>
<interp inst="def1-919-18570914" type="age" value="40"/>
<interp inst="def1-919-18570914" type="surname" value="HASTINGS"/>
<interp inst="def1-919-18570914" type="given" value="EDWARD"/>
<hi rend="largeCaps">EDWARD HASTINGS</hi> (40)</persName>, was indicted
<rs id="t18570914-919-offence-1" type="offenceDescription">
<interp inst="t18570914-919-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18570914-919-offence-1" type="offenceSubcategory" value="perjury"/> for wilful and corrupt perjury.</rs> </p>
<hi rend="smallCaps">
<persName id="t18570914-name-2" type="witnessName">
<interp inst="t18570914-name-2" type="gender" value="indeterminate"/>
<interp inst="t18570914-name-2" type="surname" value="SLEIGH"/>
<interp inst="t18570914-name-2" type="given" value="PARRY,"/>MR. SERJEANT PARRY, MR. SLEIGH</persName> </hi>.,
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. LAWRENCE</hi>.,
<hi rend="italic">con
<lb/>ducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18570914-name-3" type="witnessName">
<interp inst="t18570914-name-3" type="gender" value="male"/>
<interp inst="t18570914-name-3" type="surname" value="BURDETT"/>
<interp inst="t18570914-name-3" type="given" value="FRANCIS WILLIAM"/>FRANCIS WILLIAM BURDETT</persName> </hi>. I am a clerk in the Record Office of the Court of Chancery. I do not produce a bill and answer in a suit in Chancery in which Price's Patent Candle Company were plaintiffs and Bauwens Patent Candle Company were defendants—I have not the bill and answer here—the order does not specify that they should be produced, therefore I have not the requisite authority—the order of the Master of the Rolls is necessary—I produce two affidavits of a person named Edward Hastings—one of them purports to be sworn on 29th Nov., 1856, and the other on 16th Jan., 1857—(
<hi rend="smallCaps">THE RECORDER</hi>.
<hi rend="italic">was of opinion that the affidavits could not be received in the absence of the bill and answer.</hi>)</p>
<hi rend="smallCaps">
<persName id="t18570914-name-4" type="witnessName">
<interp inst="t18570914-name-4" type="gender" value="male"/>
<interp inst="t18570914-name-4" type="surname" value="ELDRED"/>
<interp inst="t18570914-name-4" type="given" value="EDWIN"/>EDWIN ELDRED</persName> </hi>. I am clerk to the Associate of the Court of Queen's Bench. I produce the
<hi rend="italic">Nisi Prius</hi> record in the case of Price's Patent Candle Company and in Bauwens' Patent Candle Company—I have brought it from the Court of Queen's Bench—(
<hi rend="smallCaps">SIR FREDERICK THESIGER</hi>.
<hi rend="italic">submitted that this record was not receivable, it not having been made up, no verdict having been entered, and there being no</hi> postea.
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">contended that the record was admissable in its present state, there being certain certifi
<lb/>cates of Lord Campbell's upon it, and an entry that the case was tried on</hi> </p>
<xptr type="pageFacsimile" doc="185709140002"/>
<hi rend="italic">nd July</hi>, 1857.
<hi rend="smallCaps">THE RECORDER</hi>.
<hi rend="italic">was of opinion that it was not receivable, the</hi> postea
<hi rend="italic">not being made up.</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">staled that the bill and answer were sent for, and by the permission of the Court the evidence was proceeded with, subject to their production.</hi>)</p>
<hi rend="smallCaps">
<persName id="t18570914-name-5" type="witnessName">
<interp inst="t18570914-name-5" type="gender" value="male"/>
<interp inst="t18570914-name-5" type="surname" value="COLE"/>
<interp inst="t18570914-name-5" type="given" value="ROBERT"/>ROBERT COLE</persName> </hi>. I am a Commissioner in Chancery, authorised to administer oaths and affidavits. This affidavit, purporting to be sworn before me by Edward Hastings, dated 29th Nov., 1856, was sworn before me in due form by a person of that name—I asked him if that was his name and handwriting, in the usual way—it was made upon the date that it purports to bear.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-6" type="witnessName">
<interp inst="t18570914-name-6" type="gender" value="male"/>
<interp inst="t18570914-name-6" type="surname" value="WINGATE"/>
<interp inst="t18570914-name-6" type="given" value="GEORGE THEODORE"/>GEORGE THEODORE WINGATE</persName> </hi>. I am a solicitor and a commissioner, authorized to take affidavits in Chancery and to administer oaths. This affidavit of 16th Jan., 1857, was made before me in due course, by Edward Hastings—I do not remember the person—the affidavit refers to a model marked "G."—this (
<hi rend="italic">produced</hi>) is the model—it was sworn on the day it purports to be dated—I saw the person sign his name.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-7" type="witnessName">
<interp inst="t18570914-name-7" type="gender" value="male"/>
<interp inst="t18570914-name-7" type="surname" value="WILSON"/>
<interp inst="t18570914-name-7" type="given" value="ROBERT"/>ROBERT WILSON</persName> </hi>. I am the attorney for the defendant, and am solicitor for Price's Patent Candle Company. I could not swear to the defendant's writing if I saw it to anything else but this affidavit—I have seen him write, and very likely I saw him write this, but I hare no recollection of his handwriting—I know the document very well, but not the writing—most likely I saw him write this, I do not know that I did—I think I most likely read them both over to him—the jurats are in the hand-writing of Mr. Cartnell, who is in my office—I think most likely I saw the prisoner sign them, but I cannot swear it; and with regard to the writing, if I saw it on another piece of paper, I could not identify it at all—I have had a good deal of conversation with him on the subject of this affidavit—I took instructions from him, and read it over to him—I think I was most likely present when it was taken before Mr. Wingate—I think I most likely did see this one signed, I do not believe I did the other—I think I was present when the one of 16th Jan. was signed—it purports to have been taken in my office, and I have no doubt it was done in my room and in my presence—I remember Hastings being there—I do not remember seeing him write—I do not remember Mr. Wingate administering the oath to him—I remember his being present—he attended at my request, for the purpose of taking this affidavit—I do not remember whether Hastings signed it in my presence, although I think most likely he did—I have no moral doubt about it—this affidavit was not filed by me personally after it was sworn—it was done by our firm—I have said before, as I now say, that I have no moral doubt about the document, but I cannot swear to the writing, and I said just the same before the Magistrate—I did not say I had no moral doubt that it was written in my presence—I said, most likely it was—I said I had no moral doubt about this having been sworn to and signed by the defendant, but I say that from knowing the defendant, and knowing that it was written by a person in my office—I do not think he ever gave me any written instructions; I have no recollection of any—I really cannot swear to the handwriting; if I saw it on another piece of paper I could not swear to it—I have no knowledge of his handwriting at all hardly that I could swear to.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You were not the attorney of the defendant, I suppose, until this indictment was preferred?
<hi rend="italic">A.</hi> No, I was not—I do not think I ever had any communication with him before that time with respect to this affidavit, except with reference to the present proceedings; I do not think</p>
<xptr type="pageFacsimile" doc="185709140003"/>
<p>I should have had naturally; the affidavit was filed and used, and we should not refer to it again—I have no recollection of any communications of the kind—with regard to the subject matter of the affidavit, I have had communications without number—I have spoken repeatedly of the affidavit.</p>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">Q.</hi> What have you said?
<hi rend="italic">A.</hi> For instance, in this way, when I was preparing his evidence for the trial at law, I have no specific recollection of it, but I am quite sure I most have examined him with reference to what he had already sworn—we always assumed that he had made the affidavit—I have no recollection of his having said anything to me about it, or I to him—I certainly have had the affidavits or office copies of them when talking to him.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-8" type="witnessName">
<interp inst="t18570914-name-8" type="gender" value="male"/>
<interp inst="t18570914-name-8" type="surname" value="CARTNELL"/>
<interp inst="t18570914-name-8" type="given" value="ALFRED"/>ALFRED CARTNELL</persName> </hi>. I believe the signatures to these affidavits to be in the handwriting of the defendant.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Do you know his handwriting?
<hi rend="italic">A.</hi> No.</p>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">Q.</hi> Are the affidavits in your handwriting?
<hi rend="italic">A.</hi> The jurats of them are—I do not remember whether I was present at the time they were sworn—I think it is most likely that I was—we had so many affidavits in this case, and I went over to the Commissioner with almost all the witnesses—I really have no specific recollection of this par
<lb/>ticular affidavit being sworn—I have a perfect remembrance of Mr. Win
<lb/>gate coming to our office—Hastings was there, and this affidavit of 16th Jan. was there—I believe I wrote the jurats, and Mr. Wilson read it over at our office on the evening it was sworn—I have no recollection of being there when it was being sworn—I think most likely I was, because I wrote the jurats, but from no circumstance do I recollect it—Hastings was there the whole evening—we were preparing the affidavit from his instructions, and I went over to Mr. Wingate to ask him if he could stop late that evening, as we should have some affidavits for him to take—Hastings's affidavit was to be one of those; I think there were others—I know we were preparing Murphy's the same evening, if I recollect right—if it is the evening I am alluding to, Murphy was there—I cannot swear that I saw Hastings write his name to that affidavit—I think, on one occasion, I did sec him sign an affidavit, but which of these two it was I do not know—I do not know that I saw him sign this affidavit—I dare say I filed it—I did file some, but not all—I do not remember filing it—I think the jurat to the affidavit of 29th Nov. is in my writing—that was sworn at Mr. Cole's—I went there with the prisoner—I came back with the prisoner—after I came back, the name of Edward Hastings was to the affidavit—I do not remember that I saw him put his name there—I do not know whether he wrote it at our office or at Mr. Coles's, he only acknowledged his signature—most likely he did so in my presence, but I do not remember it—I went with him for the purpose of swearing the affidavit—Mr. Wingate came to our office for the purpose of swearing the affidavit of 16th Jan.—the name of Edward Hastings is to the affidavit now—I have no recollection of its being there immediately after Mr. Wingate left—I dare say it is possible that Mr. Wingate left without administering the oath—these affidavits were not important at the time—I have seen the defendant constantly since that time—he has not been constantly at our office, but I have constantly seen him about this case—I do not think I had any conversation with him about these affidavits previous to the present proceedings.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-9" type="witnessName">
<interp inst="t18570914-name-9" type="gender" value="male"/>
<interp inst="t18570914-name-9" type="surname" value="WINGATE"/>
<interp inst="t18570914-name-9" type="given" value="GEORGE THEODORE"/>GEORGE THEODORE WINGATE</persName> </hi>.
<hi rend="italic">re-examined.</hi> The person to whom I administered the oath at Mr. Wilson's office signed this affidavit in my presence.</p>
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<hi rend="smallCaps">
<persName id="t18570914-name-10" type="witnessName">
<interp inst="t18570914-name-10" type="gender" value="male"/>
<interp inst="t18570914-name-10" type="surname" value="CARTNELL"/>
<interp inst="t18570914-name-10" type="given" value="ALFRED"/>ALFRED CARTNELL</persName> </hi>.
<hi rend="italic">re-examined.</hi> I am not at all clear that I was there when Mr. Wingate administered the oath.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-11" type="witnessName">
<interp inst="t18570914-name-11" type="gender" value="male"/>
<interp inst="t18570914-name-11" type="surname" value="WILSON"/>
<interp inst="t18570914-name-11" type="given" value="ROBERT"/>ROBERT WILSON</persName> </hi>.
<hi rend="italic">re-examined.</hi> It is much more likely than otherwise that I was present when the oath was administered by Mr. Wingate to Hastings—I have no recollection of seeing him administer the oath to him—I recollect Hastings being there for the purpose of making the affidavit, and I recollect sending over for Mr. Wingate to take the oath, but I have no recollection of doing the thing itself—it was done in my room, and I undoubtedly used the affidavit—I must have seen it after it was sworn.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-12" type="witnessName">
<interp inst="t18570914-name-12" type="gender" value="male"/>
<interp inst="t18570914-name-12" type="surname" value="THESIGER"/>
<interp inst="t18570914-name-12" type="given" value="FREDERICK"/>SIR FREDERICK THESIGER</persName> </hi>.
<hi rend="italic">to</hi>
<hi rend="smallCaps">GEORGE THEODORE WINGATE</hi>.
<hi rend="italic">Q.</hi> I believe the ordinary course of swearing an affidavit is, that the person first signs it, and then acknowledges his signature to you, and is sworn?
<hi rend="italic">A.</hi> That is it—he sometimes signs the name in my presence, and sometimes not—in this instance he did.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-13" type="witnessName">
<interp inst="t18570914-name-13" type="gender" value="male"/>
<interp inst="t18570914-name-13" type="surname" value="THESIGER"/>
<interp inst="t18570914-name-13" type="given" value="FREDERICK"/>SIR FREDERICK THESIGER</persName> </hi>.
<hi rend="italic">to</hi>
<hi rend="smallCaps">ROBERT WILSON</hi>.
<hi rend="italic">Q.</hi> I believe your brother, Mr. George Wilson, manages Price's Patent Candle Company?
<hi rend="italic">A.</hi> He is managing director of that Company—I did not know the name of Hastings in Oct., 1856—my brother desired me to put myself in communication with Mr. Day, one of the superintendents of the Company, who had seen Hastings at that time, as I was informed—in consequence of that, I saw Hastings—I did not tell him that I was solicitor to Price's Patent Candle Company, but I think it very likely towards the end of the interview he might have suspected it; at first he made a considerable objection to tell me anything at all about it—he said, "Shall I be right in going into this matter, as I was in their employment?"—I said that I did not wish him to tell me anything that had been communicated to him in confidence, but as to the ordinary routine of working, as we could subpœna him to tell it on the trial, I thought there was no objection to his telling me, in order that I might judge whether there had been an infringement of the patent or not—he then communi
<lb/>cated to me the particulars of what he had observed, as to the mode of working in the factory—he told his story, and I should naturally ask him some questions as we were going on, but I did so, as I always should do in examining a workman, with the greatest care, to conceal what I thought material, in order that he might not think to gain favour by giving any particular answer—at the first interview I did not take down the particu
<lb/>lars; I did at the second interview, about a week afterwards—I think I never met with a witness who has been more consistent in his testimony from beginning to end—I took it all down in writing the second time—no inducement whatever was held out to him to make him give the statement—there was no promise of any reward, or anything of the kind.</p>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">Q.</hi> When was it you had the first interview with him?
<hi rend="italic">A.</hi> On 31st Oct.—he had then been, I believe, about a fortnight in the employment of the Company; he has been in their employment ever since—I do not know at what wages, he gets ordinary wages; I think I should have heard if they had been otherwise, but I know nothing about it—I do not know that he assisted much in getting up evidence for the trial at Guildhall; he has gone about a good deal with reference to the present indictment; I should say he had not, as to the trial at
<hi rend="italic">Nisi Prius</hi>—I should not like to say that on no single occasion did he go with a clerk of mine, but he certainly did not as a general thing—I do not know that I have personally given him anything for expenses—I cannot say how much money has been advanced to him; he has gone into the country two or three times; he has only had it for expenses—I do not know how much he</p>
<xptr type="pageFacsimile" doc="185709140005"/>
<p>has had; I hare not personally advanced him anything that I know of—I do not know what has been advanced to him by my office, certainly not 20
<hi rend="italic">l</hi>. or 30
<hi rend="italic">l</hi>.—he went once to Ireland, with somebody from us—I do not sup
<lb/>pose anything was advanced to him then, became the person that aocom
<lb/>panied him would pay his expenses—he was away three or four days—that was not before the trial at
<hi rend="italic">Nisi Prius</hi>—there was nothing of the kind before that; no money was advanced to him, certainly; not to my know
<lb/>ledge or recollection.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-14" type="witnessName">
<interp inst="t18570914-name-14" type="gender" value="male"/>
<interp inst="t18570914-name-14" type="surname" value="WILKINSON"/>
<interp inst="t18570914-name-14" type="given" value="WILLIAM MARTIN"/>WILLIAM MARTIN WILKINSON</persName> </hi>. I am one of the directors of Bauwens' Patent Candle Company. I hare been connected with that company ever since 1853—as one of the directors of the company, I was cognisant of the apparatus, and the mode in which it was manufactured and used—I did generally make myself acquainted with all the process and the construction of the apparatus; not minutely—I have very frequently looked at this model—from my knowledge of the apparatus, it is a correct and accurate mode)—it was produced on the trial at
<hi rend="italic">Nisi Prius</hi>, and was looked at, examined, and spoken to by the defendant—this other model, marked "G," was produced on the same occasion, and was examined and spoken of by the defendant—I heard him refer to it—he was in the witness box, and these two models were just beneath him under the table, and he was asked by the Counsel for Bauwens' Company if that was the model he had made and sworn to in the proceedings in Chancery, and he said, "Yes"—I think he said that that was the model that he had made and sworn to in the Chan
<lb/>cery suit—there was no other Chancery proceeding except that which resulted in an injunction being prayed for—these are the two affidavits made by Hastings—these are the only two that I know of as having been filed—there are exhibits on the back of the model, showing that it was exhi
<lb/>bited at the time of making the affidavit on 16th Jan.—the letter "G," purporting to be signed by Mr. Wingate, has been on it ever since it has been in my possession—it was in my possession before July—I should tell you that it is not the same model that was on the table at the time, but it was the original model, and there was a copy—we were directed by the Chancellor to exchange models, and we each gave the other the original; and for the purposes of convenience, we had an exact copy made, which for convenience was admitted as the model—I cannot say that I heard the defendant make reference to his affidavit, other than as what he had was always, ever since I have known it, a separate flue, in which the pipes were placed, and by which it was separated from the furnace—some Stour
<lb/>bridge tiles were at the time of construction placed between the fire and the pipes—a Stourbridge tile is made of a day with great power of resisting the heat—no portion of the pipes was exposed to the naked action of the fire, except what would get up through the little hole, when the damper in the chimney is out—when the damper is drawn oat it makes a draught through the flue—when the damper is closed there is no draught through the flue, and therefore the heat does not ascend—the Stourbridge lumps protect the whole area of the space upon which the pipes rested—I have never seen it in any other way than that—from the time this apparatus was constructed and put in operation, up to the time these proceedings occurred, I saw the apparatus very frequently—during the whole of that period there has never been any substantial alteration from the original construction that I have spoken of—there was never any alteration in the form of construc
<lb/>tion; I never happened to have seen it under repair—I cannot say whether</p>
<xptr type="pageFacsimile" doc="185709140006"/>
<p>the pipes were made of wrought or cast iron—a person could not see the pipes by looking through the furnace door—I have myself ascertained that to be physically impossible—there is a small hole above the furnace door, called a sight hole—through that a small portion of the pipes can be seen—I have seen the apparatus at various times at work—I am conversant with the process of manufacture—I never saw these pipes red hot—I always understood that it was not a portion of the process to keep the pipes red hot—I have never seen them red hot—we endeavoured to make them red hot after these proceedings commenced, and found the greatest difficulty in doing it, so much so that when we thought they were red hot we found they were not—I cannot say that I remember the person of the defendant.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">SIR FREDERICK THESIGER</hi>.
<hi rend="italic">Q.</hi> You are a solicitor, I believe?
<hi rend="italic">A.</hi> I am; the management of the business is left to Mr. Bau
<lb/>wen, he is the manager—he established the Company, it was formed in the summer of 1853—it was a Company of 50, 000 shares of 1
<hi rend="italic">l</hi>. each—I possess between 3, 000 and 4, 000 shares, originally I had 8, 000; I am sorry to say the Company has not paid any dividend—I really cannot say whether we have registered any accounts—I do not remember whether or not I ever had the curiosity to inquire—I cannot tell the time when the furnaces were originally constructed, it is a considerable time ago; I remember on the trial I said it was about twenty months, but I believe it was about two years and a half, or something like that before the trial; I have since ascer
<lb/>tained it was in 1854, by inquiry of Mr. Bauwen—I was at the manufac
<lb/>tory very frequently, and with considerable regularity, almost always once a week, except I have been out of town or unable to attend, and very fre
<lb/>quently twice a week, and sometimes even oftener than that; I have been there many hundreds of times—I have not on those occasions examined the apparatus particularly and carefully with the object of seeing in what state it was, because it was not within my functions at all to do that—I did not see the coil of pipes laid, I merely saw the bed which was built for the pur
<lb/>pose of receiving the pipes which were to be laid on it; I have never seen the pipes except through the sight hole—I never saw the thermometers until after the Chancery proceedings—I know we were ordered by the Vice Chancellor to work with thermometers; and after that time we did, to ascertain the positive degree of heat in the still and in the steam—I think we began to work with the thermometers either the latter end of Dec., or the beginning of Jan.; we began before the Vice Chancellor ordered it, because we wanted to ascertain what the actual relative degrees were, by sight instead of by judgment—I cannot tell how soon the coil of pipes was laid after the furnace was built; I have never seen the furnace at any time, when the bed of Stourbridge lumps were not there—I could just see the end of the pipes through the sight hole, the turn I mean, it is not properly a coil—I have looked through the furnace door, dozens of times—I have looked through it occasionally ever since I have known the furnace, while it has been at work—I cannot tell you anything about the particular periods at which I have done so, because it is such a casual matter, it is not likely I should make a memorandum in my memory, or in a book, as to when I looked in at a furnace door—I looked in because I think it is a very fine sight to see a blazing fire burning; and when I have been there, and the door has been open, I have just looked down in that way and looked in—I hardly ever go to a furnace without doing so—that was the reason of my looking through the furnace door, and for no other reason until these pro
<lb/>ceedings commenced, and then it became a matter of very great interest—I</p>
<xptr type="pageFacsimile" doc="185709140007"/>
<p>believe the first intimation we had of any proceedings being threatened, Was on 8th Nov.; and I have no doubt that within two days after that I should be down at the factory; I do not know whether it was on Saturday, or when it was—I will undertake to swear positively, that it was about two days after 8th Nov. that I looked in at the furnace door in order to ascer
<lb/>tain the state of the apparatus—I do swear it most positively—I do not say two days after, I said I did not know whether it was a Saturday, or what day it might be, but the first available day; within two or three days after that I went down and made a most minute examination of everything connected with it, because it was then a matter of interest—I cannot fix the date nearer than this, that it was immediately or as soon as ordinarily convenient after receiving this notice; I have no hesitation in saying it was within two, three, or it might be, four days; I should say it was certainly within two, three, or four days after receiving the letter dated 8th Nov.—I might not have received it until the 9th, that might be Saturday—Tuesday was our ordinary day of meeting, and I have no doubt I was there on the Tuesday afterwards—the letter gave me information as to the particular character of the apparatus—I do not know whether it would do so to a per
<lb/>son not' acquainted in the same degree with the apparatus, with the process carried on, and with the words of patent specifications—either the letter or. the subsequent inquiries that I made gave me information of the nature of the complaint that was made—whether I had got that particular informa
<lb/>tion before I went to the factory, or whether I saw Mr. Bauwens at my office before I went to the factory and got it from him, I do not know, but when I made the inspection of the apparatus I did receive such information as enabled me to judge, and that was the time when the first inspection was made; I did not know as much about it as I did subsequently when I em
<lb/>barked n it—I made an experiment as to obtaining a red heat by means of a damper in the flue—it appeared to be a red heat, but on pushing a steel skewer through the sight hole, and making it impinge on the iron pipe, of course the pipe being softer on account of being hot, it went in and made one of those stars which you see there; it was red hot then, and it scaled off—this is the damper which regulates the heat in the fire place; when this is opened the draught rushes through the furnace up this fine—I should say that that is not the direct course of the heat, it goes round the still, and round the chimney—anybody else is as capable of judging of the course of the heat as I am; there is a little hole, and the heat has to go through there; if you lift up the flue you will see that the hole is at the mouth of it, and it does not appear that the heat should go there to get up the chimney—I do not think that up the chimney at once is the direct way, but anybody in Court is as competent to form an opinion upon it as I am; in fact I have not formed one—by pulling out the damper the heat could be raised—the quickness depends upon the distance to which you draw the damper out; if you draw it out to the full extent it is hot very rapidly, because a great part of the draught will enter through the flue, but if, as. is the fact, the damper is only drawn out to a very small extent it would not—it was done entirely for the purpose of that experiment, so that there was no possible chance for the heat to get out, and by pulling the damper out of the coil flue, it heated it very rapidly—I did not then find that I made the pipes red hot; I do not know that we could not have done so if we had gone on a sufficient time; we went on sufficient time to prove the experiment, in the presence of three of the best engineers in the country—I do not remember how long we went on; you must not press me</p>
<xptr type="pageFacsimile" doc="185709140008"/>
<p>too hard, possibly it may have been half an hour or forty minutes, or it may have been twenty-five minutes, I mean after the damper was removed; but I did not make the experiments myself, they were conducted by Mr. Nay
<lb/>smith and other gentlemen—I found the flame ascending very much, it came through this hole, through the part which is nearest to the furnace door, and then it was drawn by the draught for a short way over the pipes—I do not know of any repairs to any extent, of the furnace; I remember seeing the still partly pulled down, I never saw any repairs at all done to the pipes—I have heard of the pipes being taken out and replaced since the furnace was erected—I did not see it done, but they would have to take off the top of the flue to do it, and I should see it—the proceedings against Bauwens' Company in Chancery, were for the infringement of four patents, and there are proceedings against Bauwens' Company for the infringement of two patents still—I should not think Hastings and Murphy were important witnesses for the purpose of proving the infringement—I have always thought that they would be called—they were the only witnesses in Chau
<lb/>cery to the infringement of the four patents; there was another, a Mr. Robert Brown—Mr. Napoleon Bauwens is a brother of the manager, he is not here; he was present at Guildhall when I was in the witness box—he did not appear in the witness box on that occasion, and I can tell you why, as it is as well to know; he cannot speak English at all decently, and the Jury and everybody were so tired and disgusted with the length that it had gone to, that we thought it was a very good reason for not calling him—he could speak his own language.</p>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">Q.</hi> Where is he now?
<hi rend="italic">A.</hi> Either at Brussels, Paris, or Leith—I know that he resides in Paris, from having seen him there—he resides ordinarily at one of those three places—when I examined the pipes, a day or two after 8th Nov., they were between two layers of Stourbridge lumps—when I looked in at the furnace door I could see the lower layer, it was the roof of the furnace; in fact, the Stourbridge tiles always formed the top of the furnace—there are two dampers, one by the aide of the chimney, and one by which you can close the furnace, and prevent the heat from getting into the still, by which you get the pipes to the greatest possible heat that the apparatus can produce within the time—alter I heard of the repairs, I saw the pipes and machinery going on as usual—there was no alteration whatever.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-15" type="witnessName">
<interp inst="t18570914-name-15" type="gender" value="male"/>
<interp inst="t18570914-name-15" type="surname" value="BAUWENS"/>
<interp inst="t18570914-name-15" type="given" value="FELIX LIETEN"/>FELIX LIETEN BAUWENS</persName> </hi>. I am the managing director of this candle company, which takes its name from me; it is carried on at Canal Bow, Pimlico. The prisoner was about a year or eighteen months in my employ
<lb/>ment—he came first of all as stoker of the still, but he took too much, and was removed from that post to stoke the boiler—he left off stoking the still about six months before he left—he had a full opportunity of knowing the apparatus that I used for melting the fat, and was acquainted with the whole of the machinery—he supplied the furnace with fuel, and attended to things generally under the command of Wickham, the foreman—I was examined on the trial at
<hi rend="italic">Nisi Prius</hi>, and also in Chancery—my attention has been fully called to the matters in difference—I have seen this model before—it is as correct as could be made in small proportions—here is a loose damper here, which you may call the furnace damper—it is never used—it was my mind and skill which invented this apparatus—I superintended its being put up, and have managed the factory from day to day down to this time—the apparatus has not been in any way different in regard to the pipes since Aug., 1855, than it is now—the company was formed in 1853,</p>
<xptr type="pageFacsimile" doc="185709140009"/>
<p>and I began to work the machinery in its present state about Aug.,—from the beginning of 1854 we only worked for the sake of trial, and to take the patent out, which we did in April, 1854—the pipes have been taken out, and fresh pipes substituted several times—we always keep two sets of pipes, because when one pipe breaks we have to take the whole set out, but they have always been the same kind of pipes, strong gas pipes of wrought iron—we are not particular about the bore—there is a great difference between wrought iron and cast iron as regards resisting heat—if the pipes were ordinarily red hot while working they would soon be worn out, and it would be injurious to my mode of manufacturing the fat—the pipes were not ordinarily red hot from day to day—I did not order Hastings to keep them red hot, but to keep them at a sufficient heat to distil the fatty matters over—I have seen the pipes from day to day from the time the furnace was first erected—they were generally black, and if they began to get a little reddish I made observations to the fireman upon it, and would not allow it—the prisoner was the fireman's assistant—the pipes would not have been kept red hot from day to day—there is no difference between the Stourbridge tiles and lumps, except in shape—this is one of the tiles (
<hi rend="italic">produced</hi>); two of these two feet square, and two others a foot and a half, formed the roof of the furnace—this is the exact sire of the front tiles—when Hastings acted as stoker, feeding the furnace, he must have seen these tiles, and knocked his poker against them—there could not be a period when we used these pipes in which this layer of tiles was absent—steam was passed into the still at certain periods, and we let the fat run constantly in—we have machinery to feed it gradually, but at first we have to feed it—the furnace acts directly on the still; the heat goes round the bottom part first, and then to the back, but the heat at the back is not required till we have got the stuff to run in—we throw steam in from a boiler, which we use for various purposes—the lower the temperature at which the steam comes in, the better it is for the quality of the stuff; but to obtain quality with quantity, about 100 degrees below the temperature of the fat is the best heat for distillation—if the tempera
<lb/>ture of the boiling fat is exceeded it is not a profitable working—I aim at the quality of my article—you cannot look in at the mouth of the furnace and see the pipes—I have seen Hastings cleaning the pipes, taking the soot away—he took off the Stourbridge lumpe, but not the tiles—he had a broom, a rake, and a scraper—he stood on the top, and as he looked down he must see the layer of Stourbridge tiles between the pipes and the fire—the pipes do not lay naked to the fire; there has always been a layer of Stourbridge between them and the fire—since the proceedings by Price's Company against me, I have not made any alteration; there was no need—I first saw this other model at the Chancery Court—this coil of pipes is not at all like mine—it is not a careful model.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">SIR FREDERICK THESIGER</hi>.
<hi rend="italic">Q.</hi> When was the furnace built?
<hi rend="italic">A.</hi> About Jan., 1854, by a person named Waller, who is the brick
<lb/>layer usually employed by Bauwens' Company since that time and occasion
<lb/>ally to the present time—Wickham is our foreman—a person named Dawson is also employed in the same capacity as Hastings, attending to the still and the fire—we worked the still night and day pretty generally towards the end of 1855—the pipes were put in immediately after the furnace was built; it was built to receive them, but there was no working till Aug., 1855, except experiments to take out the patent—we used thermometers at first, and used them all the time of the experiments, but when we began to work regularly we did not want them; we knew the</p>
<xptr type="pageFacsimile" doc="185709140010"/>
<p>heat through the quality of the stuff—we could tell by the smell and the colour if the pipes or the steam had been overheated—after the proceed
<lb/>ings in Chancery we worked with thermometers, but I did not want all the men to understand them, I only wanted them to keep the heat to the proper point, to distil over in a proper way—I do not recollect whether the Stourbridge lumps were repaired more than once, it may be twice; they might have been replaced without my recollecting it—the pipes may have been replaced three or four times between Aug., 1855. and Nov., 1856; they were partially renewed—that was in consequence of their being burnt, and leaking, because when there is a small slit the whole roust be taken out—the Stourbridge tiles were under the pipes, and there would be no direct action of the fire on them—a person named Japp was in our employment; he was engaged, shortly after he entered it, in making pipes, for the purpose of putting in a new set—he did that tinder the direction either of my brother Napoleon Bauwens, or Wickham—I cannot tell where my brother is; I can know by writing to his place—I saw him last at the trial at the Queen's Bench, since that he has been in France and Scotland—he did not say, when the pipes were put in. that the coal was to be raised a little up from the side brick work; so that the heat could get under the pipes; it would be the reverse—such an order was not given—I saw the pipes put in; there was always a portion of fire brick or iron placed under the corners of the pipes to raise them up a little from the ledge, but that was not for the purpose of allowing the fire to act on the pipes—I do not recollect seeing Japp kneel down and put his hands under the coil of pipes to take them out—the coil that Japp assisted in putting in did not last so much as three or four months; it was taken out, and another put in—I have got the dates here; the two coils at which Japp assisted was in 1856—I have here, "Pipes repaired by H. Japp, 23rd and 24th May, 1856"—Japp first came to the factory on 13th Oct., 1855, and left on 6th Dec, 1856—I believe I discharged a dozen or more of my workmen after the law suit began—I do not recollect, on the occasion of the second, or Japp's coil, asking him whether any part of the pipes could be worked in, but it was my rule to use the old piping as much as I could—I do not remember who assisted in putting in the second coil, or whether it was put in between 6 and 7 o'clock on Saturday night after the men were gone—I do not recollect, on that occasion, desiring Mr. Wickham, as the men worked late, to give them some beer, but that was so—I cannot tell whether Japp's coils were fastened together with copper wire, or whether the second coil was fastened with iron wire—I recollect afterwards a third coil being made while Japp was in my service, by a person named Weeks, a brother of my foreman—Weeks came to my factory in Sept or Oct., 1856; Sept. I think—he was employed in making the third coil shortly after he came—the second coil had been in about four months—the third coil was put in as the others had been, raised from the ledge by a brick at the comers—it would have been prejudicial to have kept the temperature of the steam below that of the boiling fat, both as to quality and quantity.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You said the contrary before?
<hi rend="italic">A.</hi> No, I said that the raising of the steam improves the quality till it comes to 100 degrees below the fatty matters—I am very glad you have corrected my mistake.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-16" type="witnessName">
<interp inst="t18570914-name-16" type="gender" value="male"/>
<interp inst="t18570914-name-16" type="surname" value="THESIGER"/>
<interp inst="t18570914-name-16" type="given" value="FREDERICK"/>SIR FREDERICK THESIGER</persName> </hi>.
<hi rend="italic">Q.</hi> Tell me whether, under the patent of Price, the first time in 1843, the furnace was not removed to a distance from the still?
<hi rend="italic">A.</hi> I do not know—I have been engaged in the manufacture since 1855—the means of distillation, in 1853, was not by means of an open</p>
<xptr type="pageFacsimile" doc="185709140011"/>
<p>fire; I did not go by means of distillation—I made trials of distilling fat before 1853, but cannot tell you whether with an open fire—I have made some trials with gas—I answer you to the best of my ability—I do not know whether an open fire was employed or not—I have not said that the practice was to heat by an open fire before 1843—there was no practice then, the thing was in its infancy at that time—I have been working according to the patent of 1842, for diffusing the steam in small jets among the fat, and we have been working with our disk, it is according to the disk—applications were made for inspecting the works and machinery at different times, but persons were not permitted to inspect—I was never in the service of Price's Patent Candle Company.</p>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">Q.</hi> Was there, at any time, any inspection?
<hi rend="italic">A.</hi> Yes, by two inspectors sent by the Vice Chancellor—Mr. ex-Sheriff Bale inspected it, Dr. Huffman did not—after the proceedings, Hastings and Murphy were allowed to attend on the premises, and inspect the machinery at the instance of the Magistrate—when Hastings came, he said that the furnace was not the same; there had been no alteration whatever in it—the object of the pipes resting on brick or a log of iron was to keep them free from overheating by contact with the fire tiles; if they had come into actual contact with the Stourbridge tiles, that would have increased the heat—the process of distillation was not employed before 1843, but I had made several experiments with reference to distilling the fat, for the pur
<lb/>pose of taking out a patent—I am a native of Belgium—I have not used in practice the process of throwing steam in by jets; that is what Sir Frederick Thesiger wanted me to say, but I objected to it; I throw in the steam
<hi rend="italic">en mas e</hi>, mixed with the stuff—I do not consider that an infringement of Price's patent, and that is the opinion of scientific men—if steam is thrown into the still at a higher temperature than the fat that is boiling, it would not increase the quantity, and it would deteriorate the quality; it burns, and gives a charred and burnt taste, and the stuff smells burnt—my brother is a chemical manufacturer, and is engaged abroad as well as in England.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-17" type="witnessName">
<interp inst="t18570914-name-17" type="gender" value="male"/>
<interp inst="t18570914-name-17" type="surname" value="WICKHAM"/>
<interp inst="t18570914-name-17" type="given" value="JOHN COLLINS"/>JOHN COLLINS WICKHAM</persName> </hi>. I am a foreman at Bauwens' Patent Candle Company. Hastings was employed under my directions—he was in the service seventeen or eighteen months, during which time he had opportu
<lb/>nities from day to day, of observing the machinery—I have seen him, five or six times, cleaning the pipes with a small piece of iron about two inches square, in the form of a rake—he stood with his feet across, and scraped between the pipes—he raked beneath the Stourbridge lumps, which were removed—he must certainly have seen the Stourbridge tiles—if these pipes had been naked to the fire, there would have been no occasion to clear away the soot—I am not aware that he is a person of some mechanical skill—I should not think he had the power to make a model like this—if there had been no layers, the soot would have fallen into the fire—this is a correct and careful model of the apparatus—no alteration whatever has been made in it from the time it was first set up—the flue formed by the Stourbridge tiles and lumps, in which these pipes lay, has always been there—a stoker stirring the fire must have been aware that there was something between the pipes and the fire, but he would not have known that it was Stourbridge tiles—you could see the ends of the pipes by look
<lb/>ing through the sight hole only—the steam was generally thrown in at about 100 degrees under the heat of the fat which was to be distilled—that was the regular mode of working—the pipes are made of wrought iron, common gas piping—if they lay naked to the furnace, they would distort</p>
<xptr type="pageFacsimile" doc="185709140012"/>
<p>and split; they would not last three weeks—they were not ordinarily red hot, they were black—I have never ordered Hastings to keep them red hot—I have frequently found fault with him for having the fire too far for
<lb/>ward, which tended to heat the pipes too much—when I have seen the pipes black, I have never complained to Hastings, and ordered him to make them red—it was the most advantage that they should not be kept red; it was less profitable—the pipes were not regularly cleaned—Hastings was suc
<lb/>ceeded by Hubert Brown, and Dawson succeeded him as day man—there was no night man.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">SIR FREDERICK THESIGER</hi>.
<hi rend="italic">Q.</hi> Do you work by night as well as by day?
<hi rend="italic">A.</hi> Yes, but not on Sundays—I was the person employed to superintend the still at night—Hastings worked under me—I was there every night—we have ascertained the temperature lately by a thermometer, but previous to this year our operations were carried on by the rule of thumb, as I may call it, by guess—when the proceedings in the Court of Chancery commenced, we began to work with thermometers—we always worked by rule of thumb from the time we commenced so far as the heat of the steam was concerned, but when we commenced the distilling we had a thermometer in the still itself—we kept on to do that until the thermometer was broken; that was quite three months; but after that, until the proceedings in Chancery, we worked by rule of thumb—it would have been prejudicial, according to my notion, to work with steam above the temperature of the fat; it was a thing which I carefully avoided—I did not actually see the furnace built by Waller, but I used to visit the factory at the time it was building—I was not then in the employment of Bauwens and Co.—it has frequently been repaired since—perhaps there might be a lump or two broken when we have taken the pipes out to clean them, and Waller has repaired them—I did not say that they were broken by the action of the fire—it might be from that, or from us treading on the top—these jobs sometimes might take a day, and sometimes perhaps only half a day, or less than that—we had to put new tiles once, and only once; that was when we put in a new coil of pipes, and their stepping on the tiles got them broken—that was, I think, about eighteen months ago—I could not say positively whether Japp assisted in that, I think not—I assisted in putting in more than one coil of pipes, either three or four—Japp assisted in putting in two, and Napoleon Bauwen was there the first time—it is our usual plan to put something for the pipes to rest upon; it is either a piece of brick or a piece of iron, I will not say—we put what first came to hand which was the right thickness—one split would be too thick—splits were not put in in substitution for the bricks at the corners, the fire bricks being about three inches, and the split about an inch and a half—by a split I understand a brick half the thickness of the regular size, but we used whatever came to hand that was the right thick
<lb/>ness—the right thickness would depend on the position of the elbow and on the length of the screw, as we screwed it up until it was tight—I know we never require so thick a substance as a half brick, but we have cut it to the thickness, and then it would not be a split—a split must be exactly half—Japp assisted with two coils when I was employed—a person named Weeks, a relation of mine, was employed on the last—I cannot say that that was before Japp left Mr. Bauwen's employment, but I think it was—I was not in the still room at all times during the night—it was not necessary that I should be there every minute—I was at other parts of the establishment, superintending them, when my attention was required—if Stourbridge tiles</p>
<xptr type="pageFacsimile" doc="185709140013"/>
<p>were under the pipes, you could not see the pipes from the furnace door, but if the tiles were removed, of course you could—we sold the old pipes for old iron—I believe some were sold to Mr. Forseyth, which have been tested, and found to be valueless—by tested, I mean put in the forge fire, and tested, and found to open—according to the usual way that the pipes would stand, the splits would raise them from an inch to an inch and a half: I cannot say to the eighth of an inch, but about an inch above the bed.</p>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">Q.</hi> Is one of them produced?
<hi rend="italic">A.</hi> Yes—here is a two feet tile—this is the sort which is between the pipes and the fire—there was no alteration made in the construction of the pipes, or flue, or furnace, merely repairs—when I went by rule of thumb, I acted under Mr. Bauwen's instructions—he had made several experiments as to the introduc
<lb/>tion of steam before the apparatus was worked—I was able to regulate the heat to a very great nicety by means of a damper—the only difference was that I could tell the heat by my nose instead of my eyes—since the thermometer has been employed, I have worked the still the same as before, and the thermometer generally shows 100 degrees lower than the tempera
<lb/>ture of the fat.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-18" type="witnessName">
<interp inst="t18570914-name-18" type="gender" value="male"/>
<interp inst="t18570914-name-18" type="surname" value="THESIGER"/>
<interp inst="t18570914-name-18" type="given" value="FREDERICK"/>SIR FREDERICK THESIGER</persName> </hi>.
<hi rend="italic">Q.</hi> Look at this piece of pipe which we have got from Mr. Forsyth?
<hi rend="italic">A.</hi> Yes, there is where it has been put into the forge fire, to try whether it was still good, and here is where the engineer has put his chisel in, to try it—I have no doubt that this is one of them—it would be placed in the forge until it became fully red hot; I cannot say as to the whole of it—Thomas Weeks, the engineer, will tell yon that—the pipes are tested, because when they are of no use in the still, they do for other purposes.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-19" type="witnessName">
<interp inst="t18570914-name-19" type="gender" value="male"/>
<interp inst="t18570914-name-19" type="surname" value="BROOMAN"/>
<interp inst="t18570914-name-19" type="given" value="RICHARD"/>RICHARD A. BROOMAN</persName> </hi>. I am a patent agent. I assisted Mr. Bauwen to make out a specification of his patent, particularly the one of the 10th April 1854—the still was worked differently, but the other apparatus are the same as I described in that specification—I have examined this model—in April, 1854, there was the same kind of division between the fire and the pipes as now, but I cannot say what it consisted of—I visited the premises in the latter part of 1856, and at the commencement of this year, and the apparatus was precisely the same as regards the furnace, but the still was quite different—there was no alteration whatever in the mode of conveying the heat through the pipes—the action of the fire on wrought iron pipes would be much greater than on cast iron—it would wear them out, and if they got red hot they would get leaky in the joints, I imagine, but I never tried, and therefore cannot speak from actual experience—if they were to be red hot, cast iron would be the best material—this pipe (
<hi rend="italic">produced</hi>) is one-eighth of an inch thick—it is an ordinary gas tube—if the object of Mr. Bauwen was to keep the steam below the temperature of the boiling fat, and to keep the pipe from getting red hot, this pipe would be decidedly adapted to that purpose—I have seen the apparatus at work—it seemed to work satisfactorily.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">SIR FREDERICK THESIGER</hi>.
<hi rend="italic">Q.</hi> I understand you saw it in 1854, and again in 1856?
<hi rend="italic">A.</hi> Yes, I did not see it between—it was in the very end of 1856, I think Dec.—the still appears not to have been adapted to the purpose—it was for injecting heated air, as well as steam, into the body of the still, and was abandoned, as it was not found to work well, I believe—the alteration was, I believe, to adapt it to the new system of working.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-20" type="witnessName">
<interp inst="t18570914-name-20" type="gender" value="male"/>
<interp inst="t18570914-name-20" type="surname" value="NUTTRAM"/>
<interp inst="t18570914-name-20" type="given" value="BENJAMIN"/>BENJAMIN NUTTRAM</persName> </hi>. I am an engineer, and have done work at Bauwen's</p>
<xptr type="pageFacsimile" doc="185709140014"/>
<p>factory for years past—I was the manufacturer, in 1854 and 1855, of the still, of which this is a model—my men did the pipes, but not the brick-work, only the engineering—I was with them when they put up the pipes—the still was cast iron, but the outside was brickwork—this is a careful model of the apparatus, as I have always known it—I have seen it at work down to the present moment, but never saw the pipes red hot—a man looking in from the mouth of the furnace upwards could by no possibility see the pipes—this model will prove the fact if the eye is put to it—the apparatus is in the same state as it always was, ever since I have known it—I know nothing of the process of distilling—this damper regulates the heat to a nicety—if the fire acted directly on the pipes, they would not last more than a week, or a fortnight, and if they were continually red hot they would either buckle or twist, and would split, and scale, and burn out—the Stourbridge tiles have always been there when I have had anything to do with it, and the pipes, when replaced, have always been put in the same position as they were at the first onset—the apparatus was calculated to keep the temperature of the steam below that of the boiling fat.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">SIR FREDERICK THESIGER</hi>.
<hi rend="italic">Q.</hi> Can you shut off the heat from the still, and raise it by means of the damper in the flue?
<hi rend="italic">A.</hi> Yes—I was there to superintend the putting the pipes in—I cannot give you the date without my books—I was also there when the still was erected, and was employed there in the works that were necessary—they had engineers of their own, and they might have replaced or renewed the pipes themselves, but I have examined the apparatus, and the pipes are in the same position as when I originally fixed them—they could not well be altered—the still is the same as when I put it up—it may have been replaced, but the principle is the same—I am as certain about that as I am about all the rest of the apparatus—having work continually to do for the firm, it was my duty to go and look after the pipes—I looked at them for the purpose of information; as a scientific man, I always get what informa
<lb/>tion I can—it is natural enough for a man to look at his own work—I look into my own boiler every day—I looked in to see if the work was in a proper state, if it was the same as when I put it up, or if it wanted repairs, and I looked at it from curiosity—I was told to see whether there had been any alterations a fortnight or three weeks back—Mr. Bauwen asked me to look at the pipes—I will not say that I looked in before that to see whether it was the same, but I have looked in many times, both for curiosity and for my own information—I did so in 1855—I could not say at what time, but two or three months following—I was asked to look a fortnight ago, to see if it was the same—the still was the same as when I fixed it—I could see my work through the furnace door, the fire bars, and through the sight hole; I could see near the pipes—the furnace bars were not always covered with coal—it is the practice of an engineer to look at the fire bars, to see whether they are in good order—I never looked at the pipes through the door—I could not see them, but I saw them through the sight hole, decidedly—I could see about half the length of the pipes, about two feet, and could see whether they were red hot or black from that dis
<lb/>tance, or it might have been more than that.</p>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">Q.</hi> About how many times have you visited the premises from the time of putting it up?
<hi rend="italic">A.</hi> From 150 to 200 times, and have looked at my work to see how it was going on, but have never seen any alteration in the construction of the apparatus, and I saw upwards of 100 times that there was no alteration—I know Hastings—I</p>
<xptr type="pageFacsimile" doc="185709140015"/>
<p>saw it dozens of times while he was there—I saw one of the Stourbridge tiles taken off lately, and the pipes exposed—that was to see that the pipes were the same, for the purpose of giving my evidence—I finished putting up the still about Aug. or Oct., 1854; by referring to my books I could give you the exact date, but they are not here—I do not know when they began to work—the principle of this still is the same as when I put it up in 1854, but I believe they have had a new bottom put to it—I believe two of my men were employed by Mr. Bauwens in the earlier experiments he made.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-21" type="witnessName">
<interp inst="t18570914-name-21" type="gender" value="male"/>
<interp inst="t18570914-name-21" type="surname" value="WEEKS"/>
<interp inst="t18570914-name-21" type="given" value="THOMAS"/>THOMAS WEEKS</persName> </hi>. I am a blacksmith, in the military store department of the India Company. I was in Mr. Bauwens' employment from Sept., 1856, to Feb. this year—I believe this to be a correct model of the appa
<lb/>ratus used by him in the manufacture of tallow—I was employed by him to make a fresh set of pipes shortly after I went there, and made them similar to what were then in use—there was a furnace at the bottom, and the pipes were in a separate flue at the top, and when I wanted to take the measurement, Mr. Wickham gave me every information, because I did not know much about it—I looked through the little sight hole, and that is all I can say—Mr. Wickham gave me the dimensions of the last coil that was in, and I made them accordingly—there was a division made of stone between the pipes and the furnace—they are wrought iron gas pipes, and if they were in the fire they would not stand any time at all, not if the fire was at the same heat as when I saw it—if they were continually red hot, night and day, I should not think they would last a week, for they are only one-eighth of an inch thick—I never saw them red hot—I have not been subpœnaed by the other side.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">SIR FREDERICK THESIGER</hi>.
<hi rend="italic">Q.</hi> Who assisted in put
<lb/>ting in the coil?
<hi rend="italic">A.</hi> I do not know who put them in, I merely made them—I did not remove the others, but I saw them after they were out—they were scaled a little at one end—we wanted some of the elbows of them to put on another coil, and I warmed the elbows to get them out—I do not know what was done with the rest of the pipes, I think they were sold—I believe this pipe is one of them—here is a scale on it that looks like a slime—it does not appear as if it had been red hot—if I heat a pipe red hot there is always a scale on it, and if I quench the heat the scale has a ten
<lb/>dency to come off—I believe this pipe is in the same state as when takes out—I entered the employment on 22nd Sept., 1856, and I do not think it was very long afterwards that I made the pipes, not more than a month, at the outside.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">Q.</hi> Do you know, when the old pipes were removed, that they were put into the fire to try to straighten them?
<hi rend="italic">A.</hi> Yes, I put them in to try if they would do to go in again—the ends nearest the furnace door were operated on by the heat more than the others—I ran a great many of them through the fire, and put a chisel on several of them.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You spoke of one end of the pipe as having been very much burnt, is that a portion?
<hi rend="italic">A.</hi> I could not say whether this is one of them or not—the part that was burnt I should not put into the fire to try—I might have put one end of this in to try it—we sometimes used to saw off the bad part of a pipe if we wanted a piece.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-22" type="witnessName">
<interp inst="t18570914-name-22" type="gender" value="male"/>
<interp inst="t18570914-name-22" type="surname" value="KNOWLDEN"/>
<interp inst="t18570914-name-22" type="given" value="THOMAS"/>THOMAS KNOWLDEN</persName> </hi>. I am an engineer, and was employed on Mr. Bau
<lb/>wen's works, in 1855, from, I think, May, till 3rd Nov. in the same year—I did work at the pipes and machinery—the furnace was at the bottom of the pipes, and between the pipes and the furnace was a layer of Stourbridge—I</p>
<xptr type="pageFacsimile" doc="185709140016"/>
<p>was under Mr. Nuttram—the pipes were common gas tubings, wrought iron—that would stand the action of the fire if it was a good deal stouter, but these would not stand much fire; if they were exposed to it as a steam boiler is, I should not think they would last above three days—you could not see. the pipes by opening the furnace door, but from the sight hole, if there is a little bit of a flare, you might just see the end of them at times.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">SIR FREDERICK THESIGER</hi>.
<hi rend="italic">Q.</hi> Only just the end of them?
<hi rend="italic">A.</hi> Yes, no more; I am sure you could not see half of them—I have looked through the sight hole half a dozen times, and on each occasion could see no more than the elbow, and the curl of the pipes—I never assisted, in placing the coil of pipes at all, no more than making an alteration, taking away a cock, and putting in a valve in the place of it—that was in the inlet from the steam boiler to the pipes—it had everything to do with the coil; it was an inlet to it—I did that about Aug., 1855—I also helped fitting up the still, and it was put to work, and I was afterwards called again to make some alterations.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">Q.</hi> AS far as you know, are the pipes the same now as when you were at work on them?
<hi rend="italic">A.</hi> Yes, they are the same construction, but not the same pipes—the cock I placed into the valve was here; about four feet high from the coil.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-23" type="witnessName">
<interp inst="t18570914-name-23" type="gender" value="male"/>
<interp inst="t18570914-name-23" type="surname" value="GRINDRED"/>
<interp inst="t18570914-name-23" type="given" value="FREDERICK"/>FREDERICK GRINDRED</persName> </hi>. I am an engineer, and have been employed on Mr. Bauwens' premises by Mr. Nuttram, for fitting the still up. I was em
<lb/>ployed in 1854, and two or three months in 1855—this is a correct model—I have observed a division between the pipes and the furnace—I last saw it six weeks ago—there has been no alteration that I am aware of—it was as I had left) it in 1855—the pipes are wrought iron, and if they were kept continually red hot, they would not last a week.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">SIR FREDERICK THESIGER</hi>.
<hi rend="italic">Q.</hi> You have been made to say that there was no alteration since you put up the pipes; did you put them up?
<hi rend="italic">A.</hi> I only helped to put them up, and in making a connection with the still and boiler—that was in 1855—it was not cold weather—that was the time I was employed for two or three months—the still is as I left it—there has been no alteration in it—I left it in Aug., I think.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-24" type="witnessName">
<interp inst="t18570914-name-24" type="gender" value="male"/>
<interp inst="t18570914-name-24" type="surname" value="HARRISON"/>
<interp inst="t18570914-name-24" type="given" value="HENRY"/>HENRY HARRISON</persName> </hi>. I am an engineer, and was employed by Mr. Nuttram in 1855, at the candle factory. Hastings was in the employment at the same time, I believe—I did' work at the still tinder Nuttram's directions—the steam pipes over the furnace were made of Stourbridge gas piping, which is wrought iron—this model is a correct representation of the still and pipes in 1855—the pipes could not be seen through the furnace door——I had to do something to these very pipes—if the naked fire came in contact with them, they would be burnt all to pieces in a week, I should say.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">SIR FREDERICK THESIGER</hi>.
<hi rend="italic">Q.</hi> Have you ever seen that model before to-day?
<hi rend="italic">A.</hi> No—the part that I say is the same, is the coil of pipes, and the ascension pipe at the back—I assisted in putting a portion of it together, and putting it in it's place also—that was about Aug., 1855—I have looked through several times afterwards, when we have been sitting down there having our dinners—I had no object in view—I did it several times without any object—I have not tried any experiments on wrought iron and cast iron, but I have seen wrought iron and cast iron both burn out very quickly.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-25" type="witnessName">
<interp inst="t18570914-name-25" type="gender" value="male"/>
<interp inst="t18570914-name-25" type="surname" value="COOKMAN"/>
<interp inst="t18570914-name-25" type="given" value="SAMUEL"/>SAMUEL COOKMAN</persName> </hi>. I am a carpenter, and have been employed at Mr. Bauwens' manufactory. I made this model about a month or six weeks</p>
<xptr type="pageFacsimile" doc="185709140017"/>
<p>ago—it is correct as the apparatus now exists—I have known the apparatus about three years since—I was first engaged there in Oct., 1854, I think, and I was going there more or less from April to Dec., 1855—the apparatus is the same as I have always known it—there has not been the least altera
<lb/>tion whatever—it has not been altered since 1854, when I was there—I have never seen the pipes red hot, it is impossible, because they are in a separate flue—there is a partition, a four inch tile placed between the flue and the fire, so that the heat comes seven or eight inches over the flue, and they are heated by that, and no man can see the pipes; I defy him—as to seeing the pipes from the furnace, I might as well tell you that I could see the second floor of a house from the front door.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">SIR FREDERICK THESIGER</hi>.
<hi rend="italic">Q.</hi> Are you still em
<lb/>ployed at Bauwens'?
<hi rend="italic">A.</hi> No—I left about six months ago, after I made the pattern—I work there when he wants me, doing jobs, and repairing—I had nothing to do with the working of the still—I went there only when I was sent for, and was paid for my jobs as I did them—I made the pattern of the still originally, in 1855, but the furnace remained as it was—I had nothing to do with the pipes and the furnace, except copying the pattern of them—I suppose that they adhered to my pattern—I have been in the still room many times when the apparatus has been at work—I have looked in at the furnace door, and have had a warm there in the morning—I looked in for heat, and I got it—I did so three or four mornings in a week—the still is in the same state now as when I took the pattern, and the same as when I went there.</p>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">Q.</hi> In order to take the pattern, was it necessary to make yourself acquainted with the process?
<hi rend="italic">A.</hi> Yes—I was told to make it as the thing stood—it has never been altered—neither the still nor the furnace have been altered, nor any of the brick work—the still works the same as when placed there.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-26" type="witnessName">
<interp inst="t18570914-name-26" type="gender" value="male"/>
<interp inst="t18570914-name-26" type="surname" value="HARVEY"/>
<interp inst="t18570914-name-26" type="given" value="HENRY"/>HENRY HARVEY</persName> </hi>. I am a master plumber. In 1855 and 1854, I was employed in Mr. Bauwens' factory—I had opportunities of seeing the fur
<lb/>nace and the still of the distilling apparatus—I saw the steam pipes when they were placed in the furnace—there was a Stourbridge tile between the pipes and the fire—this model correctly represents it—I have had occasion to look through the furnace door, and could not see the pipes—they are made of gas tubing, wrought iron—if pipes such as these were exposed to the naked action of the fire they would have melted, or would not have stood two days—I have been there once or twice a week since, and I never go without going into the still room—there has been no alteration in it's construction.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">SIR FREDERICK THESIGER</hi>.
<hi rend="italic">Q.</hi> Did you look to see whether there had been any alterations?
<hi rend="italic">A.</hi> No; the furnace door was not left open, but if I wanted a light I should lift it up, and that was the way I looked in—there had been no alteration from 1853 down to the pre
<lb/>sent time—you can see the pipes through the sight hole, and I have seen them, perhaps, a dozen times, when they were taken out and others placed in—you cannot see far through the sight hole—you may see three feet through the hole, but not three feet of the pipes—the bend of the pipes may be a foot from the sight hole, but I never measured it—it is more than six inches.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-27" type="witnessName">
<interp inst="t18570914-name-27" type="gender" value="male"/>
<interp inst="t18570914-name-27" type="surname" value="WALLER"/>
<interp inst="t18570914-name-27" type="given" value="JAMES"/>JAMES WALLER</persName> </hi>. In the spring of 1856 I went to work at Mr. Bauwen's—I cleaned the soot out from the intervals between the pipes, and noticed</p>
<xptr type="pageFacsimile" doc="185709140018"/>
<p>a layer of three inch fire tile between the pipes and the furnace—I have, had the opportunity of looking in through the furnace door—the pipes could not be seen from there—there is a sight hole through which you can see them—I only knew the apparatus on this occasion—I cannot say whether Hastings was there at the time I was working.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">SIR FREDERICK THESIGER</hi>.
<hi rend="italic">Q.</hi> What distance can you see the pipes through the sight hole?
<hi rend="italic">A.</hi> About two feet—I did not look through often; it was at the time I was cleaning it out, and at no other time—it was about eighteen months ago; in April, I think.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-28" type="witnessName">
<interp inst="t18570914-name-28" type="gender" value="male"/>
<interp inst="t18570914-name-28" type="surname" value="CAREY"/>
<interp inst="t18570914-name-28" type="given" value="GEORGE"/>GEORGE CAREY</persName> </hi>. I am in the employment of Bauwens' Candle Company, and have been five years. I recollect the steam piping being put in by Waller—I remember Hastings there—I had opportunities of seeing the construction' of the distilling apparatus—there were some fire tiles between the furnace and the pipes—they were there during the whole time I was there—it was not the ordinary practice for the pipes to be kept red hot—I never saw them so, and I frequently saw the furnace and operations—I was employed on the establishment for some seven years daily, except Sun
<lb/>days—you cannot see the pipes through the furnace door when opened.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">SIR FREDERICK THESIGER</hi>.
<hi rend="italic">Q.</hi> What is your employ
<hi rend="italic">A.</hi> I am a stoker at the steam boiler, close by the still room—the still room is separated from the rest, and the door is marked "Private"—I was in an adjoining room, but I used to go in and out of the still room when I liked—it was part of my duty to go in at first—I used to look after the fire—that was between three and four years ago—when Hastings was there it was not my duty to go into the still room, but I used to go in and out—I had no object in looking into the furnace—I was not asked to look to see whether I could see the pipes, nor have I been asked lately—I never looked to see if I could see the pipes, because I knew I could not do it—the last time I looked in was on the other trial before the Magistrate—Hastings was not there at that time, but he came to look at the pipes or the still—I looked and saw the furnace, because I was ordered in there by Mr. Bauwens—that was six or seven weeks ago.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-29" type="witnessName">
<interp inst="t18570914-name-29" type="gender" value="male"/>
<interp inst="t18570914-name-29" type="surname" value="EDWARDS"/>
<interp inst="t18570914-name-29" type="given" value="JOHN"/>JOHN EDWARDS</persName> </hi>. I have been in the employment of Bauwens' Patent Candle Company since its formation. I know the apparatus by which fat is distilled—there has been no alteration in it since I have been there—I assisted in building the furnace originally, and I worked there latterly with a horse and cart, but have not been out since Christmas—the furnace is just the same as when I assisted in putting it up—I have never seen the pipes red hot—you cannot see them from the mouth of the furnace—I have some
<lb/>times lighted my pipe at the furnace door—I remember one of them handing me a red hot coal—I knew Hastings when he was working at the still.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. HUDDLESTON</hi>.
<hi rend="italic">Q.</hi> When did you see the furnace last?
<hi rend="italic">A.</hi> A month or two ago—I have been employed as carman two years, or more, taking out the goods.</p>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">Q.</hi> Have you ever observed anything like a change or alteration?
<hi rend="italic">A.</hi> Not at all.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-30" type="witnessName">
<interp inst="t18570914-name-30" type="gender" value="male"/>
<interp inst="t18570914-name-30" type="surname" value="SLATER"/>
<interp inst="t18570914-name-30" type="given" value="JOHN"/>JOHN SLATER</persName> </hi>. I have been employed as a bricklayer's labourer at Mr. Bauwen's works, and on several jobs besides—I had to do with putting up the steam pipes and the furnace—there were fire tiles between the pipes and the fire, and there always have been from that time—I am still there, but not in the same place—I have had opportunities of seeing the furnace and pipes to the present time, and there has been no alteration in the construc
<xptr type="pageFacsimile" doc="185709140019"/>
<p>of the apparatus, that I know of, from the beginning till now—looking in at the furnace door when open, you cannot see the pipes, because the tiles are between—I never saw the pipes red hot.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> Were you employed by a bricklayer or by the firm?
<hi rend="italic">A.</hi> By the firm, as a weekly labourer—it took a fortnight or three weeks to fix the apparatus—since that I have been employed inside the factory, a different part altogether to that process—I have not assisted at any alterations to the furnace since that, no more than helping to put a fresh coil in about twice—I helped the smith—I remember Japp—I never saw him assist in changing the pipes—he worked in the firm—the word "Private" is written on the door of the still room, but I have frequently gone in when I am at night work, to order my coffee—I did so about three months ago.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-31" type="witnessName">
<interp inst="t18570914-name-31" type="gender" value="male"/>
<interp inst="t18570914-name-31" type="surname" value="STONE"/>
<interp inst="t18570914-name-31" type="given" value="JOHN"/>JOHN STONE</persName> </hi>. I am a labourer. I worked at Mr. Bauwens' when the apparatus was put up, and I saw it a fortnight or three weeks ago—I did not take particular notice of how the pipes were laid—I looked into the mouth of the furnace about three weeks ago—I could see no pipes, because they are on the top of the tiles, and the tiles are on the fire—when I put it up it was in the same state.</p>
<hi rend="italic">At the rising of the Court</hi>,
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">requested that the</hi> postea
<hi rend="italic">might be made up in the presence of Mr. Straight, so that the record might be given in evidence.</hi>
<hi rend="smallCaps">SIR FREDERICK THESIGER</hi>.
<hi rend="italic">contended that application should have been made to a Judge before the trial came on.</hi>
<hi rend="smallCaps">THE RECORDER</hi>.
<hi rend="italic">stated that he would allow anything to be done which the officer of the Court thought fit: its being in his hands should not prevent anything being done to it which ought to be done. At the opening of the Court on Tuesday morning</hi>,
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">requested the Court to receive the record in evidence, the</hi> postea
<hi rend="italic">being endorsed upon it by Mr. Wilkinson, the solicitor for the prosecu
<lb/>tion, with the consent of Mr. Eldred, the clerk to the associate; Mr. Eldred stated that it had not been done under his directions, out that he understood that what had been done was with his Lordship's sanction.</hi>
<hi rend="smallCaps">THE COURT</hi>.
<hi rend="italic">con
<lb/>sidered that, as the record had been altered when out of lawful custody, it could not be received.</hi>)</p>
<hi rend="smallCaps">
<persName id="t18570914-name-32" type="witnessName">
<interp inst="t18570914-name-32" type="gender" value="male"/>
<interp inst="t18570914-name-32" type="surname" value="WICKHAM"/>
<interp inst="t18570914-name-32" type="given" value="EDWIN"/>EDWIN WICKHAM</persName> </hi>. I am a brewer. My brother is in the employment of Bauwens' Patent Candle Company—I have been in the habit of frequently calling at the company's establishment for the purpose of seeing my brother, daring the early part of the present year, and at times during the whole of last year—I have frequently on these occasions seen the apparatus at work—I have not taken particular notice of it's construction, but I know some
<lb/>thing about it—I have taken the opportunity to look at the furnace—I could not see the construction of the steam pipes over the furnace—I have seen the pipes—there was something between them and the fire that appeared to be fire bricks—I could not see the pipes through the furnace door—I have seen that model before—I believe it faithfully represents the position of the pipes, but I could only see the end of the pipes from the sight hole—I have never seen the pipes uncovered—it has been only through the sight hole that I have seen them—I have seen them as many as six or seven times—when looking through the sight hole they have been nearly black, or a dark colour—they have never appeared to me to be red, or anything like it.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">SIR FREDERICK THESIGER</hi>.
<hi rend="italic">Q.</hi> What do you mean by "nearly black"?
<hi rend="italic">A.</hi> A very dark brown, something approaching to black—I could not tell the exact colour of them—the first time I looked through</p>
<xptr type="pageFacsimile" doc="185709140020"/>
<p>the furnace door to see if I could see anything, was when I went to see my brother, when he was feeding the furnace—I should say that that was about the beginning of last year—I was not asked to look in—the door of the furnace goes, up with a slide, and it was lifted up to enable my brother to throw the coals on—I looked in at that time, when he was throwing the coals on—he shut the door down when he had thrown the coals on—I was not asked at any tune particularly to look in at the furnace to see whether I could see the pipes—I did not do so at the beginning of this year—I have looked at them this year—nobody has asked me to look at them this year—it was the first time I visited my brother, and he was explaining the working of the still to me—it is more than twelve months ago—it was pro
<lb/>bably idle curiosity that induced me to look in at other times, having no object at all—I have looked through the sight hole, six or seven times, I should say—I could only see the ends of the pipes; I could not see half way down them, only just the front of them.</p>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">Q.</hi> Have you ever visited any other factories?
<hi rend="italic">A.</hi> Not candle factories, only a brewery.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-33" type="witnessName">
<interp inst="t18570914-name-33" type="gender" value="male"/>
<interp inst="t18570914-name-33" type="surname" value="WALLER"/>
<interp inst="t18570914-name-33" type="given" value="WILLIAM"/>WILLIAM WALLER</persName> </hi>. I am a bricklayer. I have been employed for the last four years at Bauwens' Patent Candle Company. What I had to do was the brick work—I know all the brick work—I made the original brick work when the still was put up—I laid every brick of it—I have had several opportunities since then of seeing the still at work—I have seen that model; it is quite correct—ever since the furnace has been set up, it has been the very same thing as it is now—I never saw the pipes red hot—they have been at a black heat when I have seen them—I have never seen the pipes naked to the fire—I have seen a three inch Stourbridge fire tile, two feet square, between the pipes and the fire—that has been there ever since the day it was put up—I have looked through the furnace door many a time, and could not see the pipes; I could through the sight hole—I know Hastings very well; I have often seen him at work at the still—I have never seen him doing anything to the pipes—I have never seen him cleaning any soot away, that is always done by the bricklayers—I have cleaned the soot away from the brick work myself twice or three times.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">SIR FREDERICK THESIGER</hi>.
<hi rend="italic">Q.</hi> When did you build this furnace?
<hi rend="italic">A.</hi> At the beginning of 1854; I cannot say exactly to a month.</p>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">Q.</hi> You spoke of these tiles; how many are there fixed on the brick work?
<hi rend="italic">A.</hi> Four of them lie on the furnace two feet four inches square—they have a bearing on the furnace on each side, and are regularly beaded in the brick work—if they had to move any of the tiles, it would not be necessary to move the brick work.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-34" type="witnessName">
<interp inst="t18570914-name-34" type="gender" value="male"/>
<interp inst="t18570914-name-34" type="surname" value="THESIGER"/>
<interp inst="t18570914-name-34" type="given" value="FREDERICK"/>SIR FREDERICK THESIGER</persName> </hi>.
<hi rend="italic">Q.</hi> I suppose there was a ledge on each side of the furnace, and the tiles rested on that ledge?
<hi rend="italic">A.</hi> Yes, on the fire lumps, three feet long and six inches thick, and the fire tile rested on the lumps on each side; they were regularly bedded in with fire clay—the ends of them were bedded in, and sideways as well—there was nothing at all over them, resting on them—I recollect very well when the furnace was first set to work, but there has been a little alteration to it since I built it—it was set to work about two months after I first set it, in 1854, and it has been at work ever since, down to the present time—it is as it was the first day I set it—there has been an alteration of the still since I completed it, but not of the furnace—there has been one new Stourbridge tile put in since—if the Stourbridge tile is taken out, you can see the pipes from the</p>
<xptr type="pageFacsimile" doc="185709140021"/>
<p>furnace door—the tile was two feet square—you are obliged to steep a trifle to look in at the door to see the Stourbridge tile—repairs were done by me twice, but not the whole of them—it was about eighteen months after I had erected the furnace that I made a little alteration to the still—there was no alteration to the furnace; I pointed it up with fine elay, and put an extra lump on the top—they will fly with the fire—it is about eight or ten months back since I pat the fire lump on—I have done no repairs to the furnace, only cleared it out, and made it good again—that was in the present year—there has been one new tile put; I put it myself—I cannot say exactly what month that was, it is fifteen months ago—that is the same occasion that I am speaking to, when I put the new tile in—this is not what I call the additional lump—the lump is beneath, and the life is above—the addition I made was a new tile, about fifteen months ago, and a fresh lump eight or ten months ago—it was a mistake my saying that I had only done repairs once to the furnace, I have done so twice—I have had the rheumatics so bad in my head that I have lost all recollection—I was paid for this without a bill—I never keep
<hi rend="italic">no</hi> books, and I am employed by the hour—I have put two Stourbridge lumps up since I first put the furnace up, one tile and one lump—the soot that I have cleaned away was not very black—the lump that was burnt away was over the pipes; it flew by fire—the alteration in the still was made About eighteen months after it was set—I think I have spoken about the alteration of the still before to day; I cannot say whether I have or not—I have not said a word to anybody yesterday or this morning on the subject of the still, nor anybody to me.</p>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">Q.</hi> Was there an alteration in the still about eighteen months after it was first erected?
<hi rend="italic">A.</hi> Yes, I did the whole of it—I speak from my own knowledge—I have never been told it by anybody—it is what I myself did—as near as I can recollect, it is about fifteen months ago since I pat in the new tile at the bottom of the pipes—I know nothing at all about the working—Mr. Bauwens was working at it, and superintending it during the eighteen months—the furnace has remained the very same that it in now from the time it was put op until the present hour.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Do you know what became of the old tile?
<hi rend="italic">A.</hi> I believe it has been used up—I could produce several pieces, but I cannot say as to the whole—they were left on the premises of my master.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-35" type="witnessName">
<interp inst="t18570914-name-35" type="gender" value="male"/>
<interp inst="t18570914-name-35" type="surname" value="BURGESS"/>
<interp inst="t18570914-name-35" type="given" value="SAMUEL"/>SAMUEL BURGESS</persName> </hi>. I have been for many years foreman of the tallow pressing at Bauwens' Patent Candle Company, I remember the furnace being erected, and the still constructed—the pipes of the furnace were exactly the same as this model; it is a correct representation—there were Stourbridge tiles between the pipes and the fire, and it was not possible for the fire to affect the pipes—the construction has remained substantially the same to the present time—it is not possible to see the pipes by looking through the furnace door—they can be seen by looking through the sight hole when there is a fire—I have never seen them red hot—you may see the hot air, but as to seeing the pipes red hot, it is a thing impossible—the fire playing betwixt them might seem to be a little red, but they were never red with heat—I remember the flue which contained them being cleaned—soot used to collect in it—Hastings was employed there a portion of the time I was there, as stoker, and I saw him once engaged in cleaning out the flue.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">SIR FREDERICK THESIGER</hi>.
<hi rend="italic">Q.</hi> Do you remember the erection of the furnace?
<hi rend="italic">A.</hi> Yes—it is in the same state now, there has</p>
<xptr type="pageFacsimile" doc="185709140022"/>
<p>been no alteration but repairs—I do not mean to say that the same tiles are there—I suppose the front tile may have been replaced once or twice in the two years—Waller replaced them—I cannot tell you the date—it may be eighteen months ago one time; the fire burnt away the first tile, and there was a bar put under to support it—I looked out the bar, and laid it there, and Waller laid the fire clay under it—on one occasion James Waller cleaned out the flue—everything in the way of repairs was done by Waller—I recollect that one of the tiles remained for some time in a naked state, but not so that there was any injury to the pipes—the bar was placed under as soon as it was observable—it was done immediately; it was not allowed to remain any time—the soot was of a light reddish colour.</p>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">Q.</hi> You said that about eighteen months ago you remember a tile being replaced; do you remember any tile having being replaced since then?
<hi rend="italic">A.</hi> It might have been ten months ago, the last time—there was only one new tile put up, and the bar—when the bar got destroyed the new tile was put—it was not before Hastings came into the employ, but while he was there—the bar remained there five or six months but I cannot say how long.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-36" type="witnessName">
<interp inst="t18570914-name-36" type="gender" value="male"/>
<interp inst="t18570914-name-36" type="surname" value="DAWSON"/>
<interp inst="t18570914-name-36" type="given" value="DANIEL"/>DANIEL DAWSON</persName> </hi>. I am in Mr. Bauwens' employ, and have been so rather more than two years—Hastings was there while I was there—I was then during the whole time he was—his duty, while I was there, was night man to the still—he had an opportunity of knowing it's construction, and how the pipes were laid—I know the apparatus, this is a truthful model of it—I never saw the pipes red hot—you cannot see them by looking through the mouth of the furnace—the pipes were never naked to the fire, without the intervention of the tiles, while I was there—my duty was to attend to the fire and the still, and to take the pail away as it was filled—I had not orders to keep the pipes red hot—some portion of the pipes could be seen through the sight hole—I have seen the defendant clean the soot from the pipes—I cannot say how often.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">SIR FREDERICK THESIGER</hi>.
<hi rend="italic">Q.</hi> Was your business at the still?
<hi rend="italic">A.</hi> Yes—it was worked night and day; there was no cessation, except on Sunday—there was a coil of pipes, the elbows of which were destroyed by the fire—the pipes were not destroyed, but we were obliged to renew them—they have been renewed two or three times since I have been there—I remember Japp—he took the coil out the first time, and I assisted him, and in putting it in also—Napoleon Bauwens has been there several times, but I cannot call to mind which time he assisted—I remember giving instructions to put four little pieces of iron under the coil, for the purpose of raising it, to keep it from the lumps, and to enable the draught to get between the lumps and the pipes, as well as over the top, so that they should be all alike—I have looked through the sight hole, and seen the elbows and the end of the coil of pipes, but I never measured how far down—the pipes measure four feet two or three inches—I could not see more than half a foot of the coil beyond the elbows, I cannot say exactly—I do not remem
<lb/>ber putting in the second coil with Japp—I have worked late when all the workmen were gone, but not with Japp—I do not remember working with him late on Saturday, not between 5 and 6 o'clock, when the second coil was put in—I will not swear I did not—Mr. Bauwens has frequently ordered us to have some beer on account of our late working, but I do not remem
<lb/>ber it at the still—the beer does not refresh my recollection about it—I do not think we should have done it, because we do not want to work on Sunday—I never saw the pipes red hot—I know a person named Prigmore,</p>
<xptr type="pageFacsimile" doc="185709140023"/>
<p>he passed for an engineer, and was employed at the factory—I remember his asking me to let him look in at the sight hole—I did not lift up the door of the furnace; I opened the sight hole, and let him look in—he did not say, "Why, Dawson, they are red hot; is that right?"—I did not say, "It is all right; we are forced to have them red hot, or we could not work the stuff"—I know a person named Reece; he did not say to me, "If you want your fire doors open, what do you want to put so many coals on for!"—I did not say that the pipes were not hot enough, that I was obliged to make up a great fire, and now they were too hot—he did not ask me how I knew they were too hot—I did not point to the bend of the pipe outside, between the furnace and the still, nor was it red hot at the time.</p>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">Q.</hi> Could any person have seen the pipes, whether they were red hot or otherwise, if you had lifted the furnace door?
<hi rend="italic">A.</hi> They could not—Prigmore may have said, "Take out the sight hole, and let me look in"—the pipes were not red hot at that time—Reece did not see the pipes red hot—the pipes were repaired, because the elbows were a little gone by the fire, just on the front of the elbow—the fire had passed through up the draught hole—if one pipe is out of order the whole is out of order, because the coil cannot be taken to pieces.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-37" type="witnessName">
<interp inst="t18570914-name-37" type="gender" value="male"/>
<interp inst="t18570914-name-37" type="surname" value="TUFFIELD"/>
<interp inst="t18570914-name-37" type="given" value="ROBERT"/>ROBERT TUFFIELD</persName> </hi>. I am a labourer, and have worked over two years as Bauwens' Patent Candle Company—I have repeatedly seen the still and fur
<lb/>nace—there was fire tile between the pipes and the furnace—I have never seen the pipes red hot—you cannot see them through the furnace door—you may just discern the ends of them through the sight hole—I never saw any alteration in the construction of the apparatus while I was there.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">SIR FREDERICK THESIGER</hi>.
<hi rend="italic">Q.</hi> Were parts of the fur
<lb/>nace worn out, and renewed from time to time?
<hi rend="italic">A.</hi> I believe Mr. Waller did them a time or two—the lumps were burnt away, and he took them away, and put new ones up several times, as they were burnt by the fire sufficiently to make new ones necessary—I mean the fire tiles when I speak of the lumps—I do not remember whether the whole of them was renewed—I have seen the front fire tile taken out—you can then see the pipes from the furnace door, but not when they are in—I am still in the employment of the Company.</p>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">Q.</hi> What is your particular business?
<hi rend="italic">A.</hi> I work at the pan—that is a little way from the still—I do not know how many lumps Mr. Waller removed, but I have seen him take one or two out of the top.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you assist?
<hi rend="italic">A.</hi> I helped him ones to do a little brick work, but I never assisted him—I have gone in and put while he has been doing it.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-38" type="witnessName">
<interp inst="t18570914-name-38" type="gender" value="male"/>
<interp inst="t18570914-name-38" type="surname" value="KNIGHT"/>
<interp inst="t18570914-name-38" type="given" value="WILLIAM"/>WILLIAM KNIGHT</persName> </hi>. I am a gas fitter at the Phoenix Gas Works, and have been employed at these works—I assisted at the erection of the still, in 1854—this one is a truthful model of it, the other is not—I saw it three weeks or a month ago—the pipes are in a kind of chamber, formed of Stourbridge tiles and bricks—I have known no alterations at all—I have never seen the pipes red hot—I have never seen it, except in course of erection.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-39" type="witnessName">
<interp inst="t18570914-name-39" type="gender" value="male"/>
<interp inst="t18570914-name-39" type="surname" value="BURGESS"/>
<interp inst="t18570914-name-39" type="given" value="WILLIAM"/>WILLIAM BURGESS</persName> </hi>. I am landlord of the premises where Bauwens' Patent Candle Company is carried on. I have frequently seen the appa
<lb/>ratus, but have not seen the slightest alteration—I have never seen the pipes red hot—I have visited the premises two or three days a week on an average for three or four years—I believe this model to be correct.</p>
<xptr type="pageFacsimile" doc="185709140024"/>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">SIR FREDERICK THESIGER</hi>.
<hi rend="italic">Q.</hi> What was your object in going to the premises?
<hi rend="italic">A.</hi> I frequently took friends there to see the manufactory—I am not a shareholder. (
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">drew the attention of the Court to the case of Carpenter and Jones, in Moody and Malkin's Reports, page</hi> 315,
<hi rend="italic">in which the record was produced without a</hi> postea;
<hi rend="italic">and Lord Tenterden held that the officer's minute was sufficient.</hi> </p>
<hi rend="smallCaps">THE COURT</hi>.
<hi rend="italic">considered that the postea was admissible, if the writing of the officer was proved.</hi>)</p>
<hi rend="smallCaps">
<persName id="t18570914-name-40" type="witnessName">
<interp inst="t18570914-name-40" type="gender" value="male"/>
<interp inst="t18570914-name-40" type="surname" value="COOPER"/>
<interp inst="t18570914-name-40" type="given" value="WILLIAM GEORGE"/>WILLIAM GEORGE COOPER</persName> </hi>. I am Lord Campbell's principal clerk. The writing on this record is that of the Associate's acting clerk at Guildhall, Mr. Davis—it was entered immediately after the evidence was given.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> customary to have it on the Jury panel?
<hi rend="italic">A.</hi> Ever since I have been there, and; I believe long before—that is the only endorse
<lb/>ment, and that is the usual form to the best of my belief—we always consider the Jury panel part of the record, and never try the case without a Jury panel attached; (
<hi rend="italic">The affidavit was here read: it was dated</hi> 15
<hi rend="italic">th Oct</hi>:, 1856,
<hi rend="italic">and signed Edward Hastings; it stated that tike iron pipes were ordinarily red hot during the process of distilling; that the defendant received instructions to keep them red hot, and that when the pipes became black, more fire was put under them</hi>)—the signatures to these certificates on the record am all Lord Campbell's signatures—he presided art the trial; I was present—the case was tried at Guildhall, on 22nd July last—the defendant was exa
<lb/>mined as a witness on behalf of the then plaintiff—I administered the oath to him in due form of law—he was sworn and examined.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-41" type="witnessName">
<interp inst="t18570914-name-41" type="gender" value="male"/>
<interp inst="t18570914-name-41" type="surname" value="BENNETT"/>
<interp inst="t18570914-name-41" type="given" value="MOSES"/>MOSES BENNETT</persName> </hi>. I am a shorthand writer. I took shorthand notes of the evidence on this trial in the Court of Queen's Bench, in July—I took notes of the defendant's evidence, and hare here the notes and the tran
<lb/>script (
<hi rend="italic">The witness was directed to look at his notes while the parts of the indictment containing the assignments of perjury were read over to him, and he stated that they were correct.</hi>)</p>
<hi rend="smallCaps">
<persName id="t18570914-name-42" type="witnessName">
<interp inst="t18570914-name-42" type="gender" value="male"/>
<interp inst="t18570914-name-42" type="surname" value="DAWSON"/>
<interp inst="t18570914-name-42" type="given" value="DANIEL"/>DANIEL DAWSON</persName> </hi>.
<hi rend="italic">re-examined.</hi> I never received instructions to keep the pipes red hot—the defendant never received such instructions, to my know
<lb/>ledge—I do not know that anybody in the employment had such instruc
<hi rend="italic">Witnesses for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18570914-name-43" type="witnessName">
<interp inst="t18570914-name-43" type="gender" value="male"/>
<interp inst="t18570914-name-43" type="surname" value="JAPP"/>
<interp inst="t18570914-name-43" type="given" value="JOHN HENRY"/>JOHN HENRY JAPP</persName> </hi>. I am a stoker, and live in Rowland Row; Pimlico. I was in the employment of Bauwens' Patent Candle Company sixteen or seventeen months—I left a fortnight find three days before Christmas day, which I believe was on a Thursday—a number of men were all discharged together, and it was stated that there was an injunction laid against the Company from Price's people—I was discharged in a public house—no fault was found with me—I went there first as a labourer—I was first employed in fitting some steam pipes and other things up, in the smith's shop—the morning I went there Hastings was employed there—I think what I was employed on was thirty feet of inch and a half pipe—after that I made a boil of steam pipes, the new piping—I had never seen the furnace previous to making the coil of pipe—in the first instance, Mr. Napoleon Bauwens came to me with a roll of pipe, and asked me how long it would take to cut a thread on it—I said a quarter of an hour or twenty minutes, and he Brought several lengths—we put the coil which he made into some brick work adjacent to the still, on the top of the furnace—that was the first time I had seen the furnace—the top had been taken off to get the coil of pipes out that was there previously—I did not assist in taking out the old coil, but I saw it lying in the shop afterwards—the pipes were burnt—four of us</p>
<xptr type="pageFacsimile" doc="185709140025"/>
<p>took the new coil from the smith's shop, carried it to the furnace, and rested it in its bed, and Wickham went to Mr. Napoleon Bauwens to find out whether it was suitable—he came and said that the heat could not get under the side pipes, and told us to raise it—we raised it with half a fire brick at each end, so as to allow a play round the coil; but the half fire brick was too high, and we altered it by putting what they call a slip—when that was done the coil rested on standards on one end, and a fire lump at the other, and was covered with sand—I could not see anything between the pipes and the fire—there were no Stourbridge tiles at that time—if there were I must have seen them—we had occasion to lift up the pipes while fixing them, and I knelt down, on the two surfaces, and had a great deal of trouble to get my hand down—I could not get it on the other side to put the bit of slip in, so I put my hand down in the centre of the coil to put it in, and am able to say that down the middle, underneath the coil, there was nothing between there and the fire—there was a space—after the coil was put in we tied it up with some copper wire to keep it up as a fixture, and we noticed how long the copper wire lasted—it was a question among us every morning, whether the copper wire had given way—we looked through the sight hole to see how the heat was, on the pipes, and they were red hot—it was work which I had not been on previously, and I took an interest in it, and looked at it often, and on such occasions the pipes were red hot—I have looked through the furnace door and seen the pipes, but if there had been Stour
<lb/>bridge tiles between the pipes and the fire I could not have done so—that coil lasted nearly six months; and Mr. Bauwens, the master, came and told me he wanted me and some one else to do some work—it was to make a new coil of pipes for the still—I saw the old coil taken out for me—it was resting on the bits of tiling, as we had put it in—there were no Stourbridge lumps, only a fire lump for it to rest upon, but nothing in the centre between it and the fire—the coil was most dreadfully burnt, and I made a new one out of second hand pipes, and put that in—I cannot say the day, because it was regular work—there was a question asked, "These last pipes being new lasted six months, I wonder how long these will last, being made out of second hand pipes?"—I worked the old ones in, having cut the middle out of them to make a long length—the middles were the strongest—I took the best parts—we commenced to put them in on the Friday night, me and a man named Dawson; we left it on Friday night, and we had it in on Saturday night, I believe—Hastings assisted to carry the coil from the workshop to the place, but not at any other part of the workmanship—that coil was put down on the same principle as the previous one—there were no Stourbridge tiles between it and the furnace—it rested the same as the other—it was put in in the same way, and we had the directions from Mr. Napoleon Bauwens—we lashed these together with iron wire, and passed the steam through to see that it was all right before we left it—there was a question whether the iron wire would last longer than the copper wire—I saw it at work frequently, and the pipes were red hot—I cannot say that I took the trouble to look at them through the furnace door, because there was this peep hole which I had made the sketch for, and I could see through that that the pipes were red hot—that coil lasted some weeks longer than the other—when they were burnt out, a third coil was put in by Weeks—I was the stoker at that time—I cannot say when Weeks came—he was dis
<lb/>charged after the Crimean war, and came to work there—the second coil was taken out some six or eight weeks before Christmas, but I did not see</p>
<xptr type="pageFacsimile" doc="185709140026"/>
<p>it—I did not notice the furnace at work after the third coil was put in—I stayed there till Christmas, and Hastings left some weeks before.</p>
<hi rend="italic">Cross-examined. Q.</hi> If I understand you right, there never were any Stour
<lb/>bridge lumps between the pipes and the fire?
<hi rend="italic">A.</hi> There was one at each end—I will swear there were not four—this tile produced is not what I mean; it is termed a tile, but it is about this width—such a tile as this was never in existence there from the time I came till I was discharged, at least I will not swear to the last part of the time, because I was not in the habit of going in—I was there twelve months, and saw no Stourbridge tiles—the pipes did not lie naked, there was a beading—they were supported back and front—there were twelve pipes in this coil; they were fixed together by elbows, but there were twelve separate divisions of pipes, four at the bottom, four in the centre, and four at the top—this (
<hi rend="italic">part of the model</hi>) is a very good representation, only there is not enough of them—the second coil was similar to the first, and was made under Mr. Napoleon Bauwens' superintendence—I am now in employment which I had rather be out of, that is being here just now—I have never been out of work; I was last at work on Saturday at 4 o'clock—I have received 3
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. in this case, from the defence—there were two subpœnas at 10
<hi rend="italic">s</hi>. each, and I have been paid for a week's work, which, with two subpœnas, amounted to 2
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. or 2
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>.—I have been out with Hastings once or twice, and have received 1
<hi rend="italic">s</hi>. or 2
<hi rend="italic">s</hi>. of him—I did not complain to Forsyth of their making me drunk—I have drunk in Hastings's company, and he has paid most times—he did not give me the subpœna and the 10
<hi rend="italic">s</hi>., I do not know the gentleman's name—I may have said to Forsyth that I was sure I was in the job, and should like to be in the country, to get away, because Mr. Forsyth was always joking, and I have been threatened for some weeks past that as soon, as Hastings was transported I should be served the same—I am not aware that Forsyth is among the witnesses for the defence—I did not complain to him that they had made me drunk, and made me sign a paper—I never signed a paper, so I cannot have said such a thing—I was at work at Deptford, and Hastings came down, and asked me if I would be a witness for him, and I said that I would; I stopped and did my work, and then came up to town—I received the subpœna on the Tuesday following, with a half sovereign, and I did not receive the other two till last Session, when the trial was supposed to be coming on—I got 5
<hi rend="italic">s</hi>. from Hastings one day; I was to meet him at Mr. Wilson's office, and he was not there according to promise, and he called next day to pay me for my day's work which I had lost—I have received as much as a sovereign at a time from that
<hi rend="italic">gent</hi> there, at Mr. Wilson's office; it was for attending five days here at the last Session—Hastings paid for the expenses while we were out, but never in hard cash—I only went with him to Mr. Wilson's office—he did not pay for any meals for me; once we dined together, but he did not pay, as I am aware of—I did not pay for it—we dined at an ordinary, with one or two other persons; it was while I was waiting as a witness—I never saw Hastings from the time he left Bauwens' till the Saturday night when he was indicted at Guildhall, and came down to Deptford—I did not go about with him after that—I had dinner with him one Sunday, at his house—I did not dine at a tavern with him—I did not go out drinking with him, no more than working men do to have a pint of half and half—we have not got a Judge and Jury club opposite here, that I am aware of—I have not been giving my evidence there, nothing of the kind.</p>
<xptr type="pageFacsimile" doc="185709140027"/>
<hi rend="smallCaps">
<persName id="t18570914-name-44" type="witnessName">
<interp inst="t18570914-name-44" type="gender" value="male"/>
<interp inst="t18570914-name-44" type="surname" value="MURPHY"/>
<interp inst="t18570914-name-44" type="given" value="MICHAEL"/>MICHAEL MURPHY</persName> </hi>. I am also indicted at this Sessions for perjury, arising out of this inquiry—I went into the employment of Bauwens' factory about May or June, 1855, as near as I can say—it was in the summer of 1855—I left about Aug., 1856—when I first went there I was employed at some preparation of the materials of which soap is made—I was principally employed after that under Mr. Wickham—I know the place where the still Was—I used often to go in there—my business was in and out there—a man named Dawson was employed there at the time—I used to take his place there when he was away at breakfast and at dinner, and occasionally during the day—I hare seen the pipes that convey the steam to the still from the furnace—I have seen them through the furnace door, and through the sight hole as well—I have opened the furnace door—I used to hang some steak on it, and cook it there, as I was too far from home, and I used to stop there to dine—when I have had the furnace door open for that purpose I have seen the pipes over the fire—they have generally been in a red state when I have seen them—I was directed by Wickham to keep the fire up, to keep the pipes red—I did not know any better, and acted as I was ordered—I have seen the pipes in that state many a time—I remember the pipes being changed twice while I was there—once I assisted in taking the coil out—there could not have been anything between the coil of pipes and the fire, because I stood in the furnace—that was the first coil of pipes; it had a little bit of brick lump, as a bearing to rest on, at both ends—the centre was all exposed to the fire.</p>
<hi rend="italic">Cross-examined. Q.</hi> Were you before the Magistrate, and committed for trial?
<hi rend="italic">A.</hi> I was, and I expect to take my trial here on a charge of perjury—I made an affidavit in Chancery—I came to make it through going to Price's Candle Company, and, being employed there, I was asked where I had been employed, as I should not be taken on without a character—I have been in their employ since I made the affidavit, and before that, and am now—I was out of employment, and I went there and asked for a job—I believe it was in Jan. that I made the affidavit—I cannot say exactly how long I had been in Price's employ before that, I think about a month, or two or three weeks—I was not there last Nov.—Hastings did not come to me about going there—I met him accidentally one Sunday morning in the street—he did not say anything to me about having made the affidavit—he asked me if I recollected the reason that he was sent from the still at Bauwens'—I said, "Yes, I do," because he was on the same day at the saponification which I was engaged on—he said nothing to me at any time about going to Price's to get employment—I asked him if there was a chance—he said that they were busy, and I had better go and try—I went, and got employment—I got 3
<hi rend="italic">s</hi>. a day—I have never received any money besides my wages, except being once subpœnaed, and getting 5
<hi rend="italic">s</hi>. for it—I was here last Session, about four or five days, waiting as a witness—I did not get paid for that—I got paid from the factory for my week's wages; nothing else—I know Japp; I have been in his company several times—we were working together at Bauwens'—Hastings, and I, and Japp have not been together since this matter arose, except when we were here last Session—I met Japp the week before last in Hastings's company, and went and had a glass of beer with them—I was at work at the time—that is about the form of the coil—it was covered over with Stourbridge tiles—they were rather larger than that (
<hi rend="italic">produced</hi>), not so square—there was nothing between the coil and the fire—there was no such thing as this tile at the sides, between the pipes and the fire—I have seen that model before—I was examined in</p>
<xptr type="pageFacsimile" doc="185709140028"/>
<p>the Court of Queen's Bench—I gave my evidence to the Jury, and told them the same story—I did not help Hastings to make the model he exhibited—I have seen him several times while he was making it, but did not see the model—he used to clean the pipes sometimes when I was there—I do not know whether he cleaned them from soot—I do not know that I have seen him doing that more than once, or how long ago it was—in order to clean the pipes, he should have taken the lumps off the top—I did not see him stand at the top to rake out the soot—Hastings was the man in charge of the still at night—I was managing the stuff for the still for distillation—I used to have a turn in the still room every day at meal times.</p>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> I understand you to say that on the occasion of the removal of the coil you stood down in the furnace?
<hi rend="italic">A.</hi> Yes, to prise the coil up—I am certain there was nothing to prevent me from standing down into the furnace through the coil of pipes.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-45" type="witnessName">
<interp inst="t18570914-name-45" type="gender" value="male"/>
<interp inst="t18570914-name-45" type="surname" value="REECE"/>
<interp inst="t18570914-name-45" type="given" value="WILLIAM"/>WILLIAM REECE</persName> </hi>. I was formerly in the employ of Mr. Bauwen, of Pimlico. I went there, as near as I can guess, in April, 1855, and remained till about February, 1856—Hastings was at the factory when I went—he had nothing to do with the still at that time—I was stoker at the boiler; that was near the still room—it was part of my duty to wheel coals to the door of the still room; I was frequently there—on one occasion, when I went into the still room, Dawson pulled up the door of the still furnace, and I asked him why he was wasting the coals by putting them on the furnace and opening the door afterwards, after my labour to get the coals up there—he said, "I have opened it because that pipe is too hot"—I said, "What pipe?"—he said, "That bend;" that is the outer bend leading from the coil to the still—it was red hot—I looked in at the furnace door, and saw the pipes were more than red hot; they were between a white and a red heat—I assisted Japp in making the new coil of pipes in 1855, and' saw the top of the furnace off—there was nothing under the pipes but the fire bars—the coil was supported on one side, as far as I can remember—I do not remember anything being at the end at all—I saw no Stourbridge tiles between the pipes and the fire while I was there, and I saw the pipes frequently, through the furnace door—they were what I should term red hot.</p>
<hi rend="italic">Cross-examined. Q.</hi> Were you discharged in Feb., 1856?
<hi rend="italic">A.</hi> As near as I can remember—the charge laid against me was, want of attention and care—I am now in the employ of Mr. Cox, of Kingsland—I was sub
<lb/>poenaed here—I got a half sovereign with this subpœna, and one with the last, and I had my wages, which I had lost, at the rate of 5
<hi rend="italic">s</hi>. a day—I received altogether two half sovereigns, 30
<hi rend="italic">s</hi>. for my pay, 3
<hi rend="italic">s</hi>. for riding, and my meals for the five or six days I was waiting—I had a guinea a week at Bauwens', besides my over time, and I get 24
<hi rend="italic">s</hi>. at Cox's, besides my over time—four of these Stourbridge tiles were not between the pipes and the fire during the nine months I was at Bauwens'—I was examined at the trial—Mr. Hastings found me out—he has not given me any money; he gave me a drop of pale ale to drink—I did not dine with him—this is the way in which the pipes are placed—there were Stourbridge lumps at the top—I have never seen any one cleaning the pipes; I have seen them being repaired—my duties were outside, and occasionally in the still room.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-46" type="witnessName">
<interp inst="t18570914-name-46" type="gender" value="male"/>
<interp inst="t18570914-name-46" type="surname" value="THESIGER"/>
<interp inst="t18570914-name-46" type="given" value="FREDERICK"/>SIR FREDERICK THESIGER</persName> </hi>.
<hi rend="italic">Q.</hi> You say that you were discharged for want of attention; did you receive this character from Mr. Bauwen?
<hi rend="italic">A.</hi> Yes. (
<hi rend="italic">This was a certificate that the witness had conducted himself withthe greatest attention and sobriety, and that he was discharged solely on account of a slackness of work.</hi>)</p>
<xptr type="pageFacsimile" doc="185709140029"/>
<hi rend="smallCaps">
<persName id="t18570914-name-47" type="witnessName">
<interp inst="t18570914-name-47" type="gender" value="male"/>
<interp inst="t18570914-name-47" type="surname" value="PRIGMORE"/>
<interp inst="t18570914-name-47" type="given" value="THOMAS GEORGE"/>THOMAS GEORGE PRIGMORE</persName> </hi>. I was an engineer, employed at Mr. Bauwen's from June, 1856, to the end of the year. I had charge of the machinery and piping—several of them told me what a difficult job I should have when I had to do with the coil of pipes, and I asked Dawson to show me where the coil of pipes was, so that I might know, if I had anything to do with them; he lifted up the door of the furnace, and I stooped down, and saw the coil of pipes from the door of the furnace—they were red hot, and I asked him the reason why they were so; he told me that they could not work the stuff unless they were so, and it was all right—I said that I was satisfied, if such was the case—I only looked through the furnace door; I had heard talk of the sight hole, but I never saw it—I am sure it was the furnace door I looked through.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">Q.</hi> Was there anything between the fire and the pipes?
<hi rend="italic">A.</hi> No—there was no large piece of Stourbridge tile—I left on 20th Sept, 1856—I was there while Hastings was there—I did not see him, or any one, cleaning the pipes—I was employed in the engine department—the conversation between me and Dawson occurred soon after I went there—I was not examined at the trial at the Queen's Bench—I have been found out since by Hastings—I have not received any money from him—I am at work at Mr. Marsden's, in Bisbopsgate Street—I received 5
<hi rend="italic">l</hi>. with my subpœna, to pay my expenses up from Wells, in Somersetshire, where I was on a job, and I have received 4
<hi rend="italic">l</hi>. for my loss of time in London—I came up once before, but did not attend—I had two subpœnas after that, for which I got 5
<hi rend="italic">s</hi>. each—that is the whole.</p>
<hi rend="smallCaps">MR. HUDDLESTON</hi>.
<hi rend="italic">Q.</hi> Had you to come up from Wells, and go back again? Yes; it is about 160 miles—I helped to manage the job—I lost about seven days at the last trial—my master told me that I had better stop, but I am expecting to go back.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-48" type="witnessName">
<interp inst="t18570914-name-48" type="gender" value="male"/>
<interp inst="t18570914-name-48" type="surname" value="FLIRT"/>
<interp inst="t18570914-name-48" type="given" value="WILLIAM"/>WILLIAM FLIRT</persName> </hi>. I am a smith and engineer, in Mr. Price's employment. In 1855 I was employed for five weeks in Bauwens' factory, putting up some pipes, and helping to fix a little engine, and other jobs—I have been into the still room; there is something marked on the door, I will not say what—I looked into the furnace through the door; I was taken there on purpose to do so, by my nephew, and I stooped down, and saw the pipes; they were blood red hot, and I saw them again at the same heat.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">Q.</hi> Are you at work now?
<hi rend="italic">A.</hi> Yes—I have only been out of work four or five days in four or five years—I have been subpœnaed here, and had 5
<hi rend="italic">s</hi>. with each subpœna—I was also paid for my days' time, 6
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. a day; that is the wages I am receiving at Mr. Hall's, at Dartford.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-49" type="witnessName">
<interp inst="t18570914-name-49" type="gender" value="male"/>
<interp inst="t18570914-name-49" type="surname" value="PURVEY"/>
<interp inst="t18570914-name-49" type="given" value="WILLIAM"/>WILLIAM PURVEY</persName> </hi>. I went to Bauwens' factory about two years ago, and remained there about a year, as a general labourer about the factory—I have occasionally visited the still room; I have looked into the furnace, and seen a coil of red hot pipes—I lived near, and used to get my dinner finished before the end of the dinner hour, and before the bell rang I used to go and sit in the still room—the coil of pipes rested on brick work, as well as I could see—there was nothing to prevent the fire from getting to the pipes—I was employed to clear out the boiler flue with a rake; that was done on Sunday morning—I had to get to the top of the furnace, and when I was there I could see the coil—if you look in at the furnace door,</p>
<xptr type="pageFacsimile" doc="185709140030"/>
<p>you can see the coil; I am certain there was nothing between the furnace and the coil.</p>
<hi rend="italic">Cross-examined. Q.</hi> I suppose you are in some employment now?
<hi rend="italic">A.</hi> Yes, in Button, in Surrey, as a farmer's labourer—my wages are 14
<hi rend="italic">s</hi>. and 15
<hi rend="italic">s</hi>.—I received 10
<hi rend="italic">s</hi>. with my subpœna, and have been paid for my time, about 3
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. altogether—Hastings came down to me with another gentleman—I got no money from them then—Hastings did not tell me that the pipes rested on the brick work—I have never said that I did not know, but that Hastings told me—I have not seen Bastings cleaning the pipes, nor have I cleaned them—I have seen them—there were no large stones between the fire and the pipes—I never said to Burgess that I did not know where the pipes rested—I still expect to receive some money for further expenses.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-50" type="witnessName">
<interp inst="t18570914-name-50" type="gender" value="male"/>
<interp inst="t18570914-name-50" type="surname" value="THESIGER"/>
<interp inst="t18570914-name-50" type="given" value="FREDERICK"/>SIR FREDERICK THESIGER</persName> </hi>.
<hi rend="italic">Q.</hi> Was it harvest time when you were engaged?
<hi rend="italic">A.</hi> Yes—I can earn 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. a day in harvest time; we can do two acres and a quarter a day—I was away five days, and I did not do anything for six days.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-51" type="witnessName">
<interp inst="t18570914-name-51" type="gender" value="male"/>
<interp inst="t18570914-name-51" type="surname" value="HOSKINS"/>
<interp inst="t18570914-name-51" type="given" value="JOHN"/>JOHN HOSKINS</persName> </hi>. I am a farm labourer, at Cheam, in Surrey. Two years ago, just after the last harvest, I went into Mr. Bauwen's employ, and left a week before last May—I had to prepare the palm for distilling—I have looked in at the furnace door more than once, and, by stooping down, could see the pipes—I have seen them red hot four or five times, every time I looked.</p>
<hi rend="italic">Cross-examined. Q.</hi> Are you subpœnaed here?
<hi rend="italic">A.</hi> Yes—I got 10
<hi rend="italic">s</hi>. with my subpœna; I had to come from Cheam, fifteen miles from London—I have been paid for my time, 3
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. a day, and have received between 2
<hi rend="italic">l</hi>. and 3
<hi rend="italic">l</hi>. altogether.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-52" type="witnessName">
<interp inst="t18570914-name-52" type="gender" value="male"/>
<interp inst="t18570914-name-52" type="surname" value="JAPP"/>
<interp inst="t18570914-name-52" type="given" value="EDWARD"/>EDWARD JAPP</persName> </hi>. I was in Mr. Bauwens' employment from six weeks before Christmas, 1855, to ten weeks before Christmas, 1856—I am a cousin of the other Japp—I used to go into the still room; sometimes I have been in to tell Mr. Wickham he was wanted, and sometimes to make tin bottles, with coffee in them, hot of a morning—I did not put them into the furnace, but into the water, and put a bit of stick through the handle, and waited till they were hot—I have looked in at the furnace door, and seen the pipes, by stooping down—I used to go into the smith's shop, to look what o'clock it was, and my cousin was making a lot of pipes; he told me that they were to be put into the furnace to let the fire play on them, because they could not get steam sufficiently hot, and I looked through the door, and saw the pipes red hot, not only once, but three or four times.</p>
<hi rend="italic">Cross-examined. Q.</hi> Never any Stourbridge tiles between them and the fire?
<hi rend="italic">A.</hi> No, I swear that—the pipes were not made like this (
<hi rend="italic">The incorrect model</hi>); they were straight, more like your fingers—I have seen Hastings clean the pipes, when the top of the still has been taken off the pipes were like this (
<hi rend="italic">The other model</hi>)—I have been subpœnaed here—I have been out of work since Whitsun Saturday night—I had half a crown the first time they came to see me and took my evidence, and then when they came to subpœna me, they gave me half a sovereign and two subpœnas—Mr. Lewis and Mr. Hastings came—I also had a subpœna for the last trial—I have had 1
<hi rend="italic">l</hi>. for the three subpœnas, and nothing else—I have had nothing for my loss of time—I have not had my meals—I intend to make a demand.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-53" type="witnessName">
<interp inst="t18570914-name-53" type="gender" value="male"/>
<interp inst="t18570914-name-53" type="surname" value="WINDSHURST"/>
<interp inst="t18570914-name-53" type="given" value="THOMAS"/>THOMAS WINDSHURST</persName> </hi>. I was seventeen years old last March. I have been at work at Bauwens' factory just twelve months—I first went into the press room, and then into the smiths' shop—I was there when a new coil of pipes was put into the still room—Mr. Burgess and Japp were employed—it</p>
<xptr type="pageFacsimile" doc="185709140031"/>
<p>rested on some pieces of brick, at the sides and each end—I have looked through the furnace door many times when it has been opened, and could see the coil of pipes—when the fire was lighted they used to be red hot—I used to go in often of an evening, and of a morning, and afternoon to take the beer—I have put coals on the fire for the men—they have asked me to do so when they were looking at the stuff—sometimes it has been Hastings, and sometimes Dawson.</p>
<hi rend="italic">Cross-examined. Q.</hi> When did you leave?
<hi rend="italic">A.</hi> On 3rd May, about seventeen months ago—I do not know what are called Stourbridge bricks—I know fire tiles; they were put over the top—I cannot say whether the pipes were resting on fire tiles, like those at the top—they were on some bricks I know, but I cannot tell how many; there might have been one, or there might have been a dozen—some gentleman from Mr. Price's came after me, I do not know his name—it was not Hastings, or any person whom I had seen with Hastings in Bauwens' employment—I was then at work at a plumber's shop, in Queen Street, Pimlico—it was about two months ago—they told me they wanted me to say something about Mr. Price's, and it would be something to my advantage—they paid me my ride there and back, and gave me a shilling—I did not see him again till this morning—I was taken to an office in the City; Mr. Hastings was there—they did not take down what I had to say—they asked me what I could say—they gave me half a sovereign this morning with my subpœna—I was not subpœnaed to come here last Session—I do not know how much more I am to have—I have not been promised anything—they said they would give me some
<lb/>thing for my trouble.</p>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> How many subpœnas did you have?
<hi rend="italic">A.</hi> Two—I received half a sovereign with them—they did not tell me I should have to Attend two trials—whatever was underneath the pipes I could see them when I looked in at the furnace door, and they were red hot whenever I saw them.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-54" type="witnessName">
<interp inst="t18570914-name-54" type="gender" value="male"/>
<interp inst="t18570914-name-54" type="surname" value="FRANCIS"/>
<interp inst="t18570914-name-54" type="given" value="EDWARD"/>EDWARD FRANCIS</persName> </hi>. I am a painter. I went to Bauwens' factory about twenty-two months ago, and after I had finished painting, I had some jobs to do in the still room—it was my duty to light the furnace fire of a morn
<lb/>ing—to the best of my knowledge, you can see the coil of pipes by looking in at the furnace door, but it is a long time ago—there was an alteration made in the inside of the furnace while I was there—it was to get heat, there was not heat enough—I do not profess to know much about it—I was only a labourer under Wickham.</p>
<hi rend="italic">Cross-examined. Q.</hi> How much did you get with your subpœna?
<hi rend="italic">A.</hi> Half a sovereign with two subpœnas—I was not here last Session.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-55" type="witnessName">
<interp inst="t18570914-name-55" type="gender" value="male"/>
<interp inst="t18570914-name-55" type="surname" value=","/>
<interp inst="t18570914-name-55" type="given" value="WARREN DELARUE,"/>WARREN DELARUE, ESQ., F. R. S</persName> </hi>. I have been engaged in chemical pur
<lb/>suits for a great number of years—I have made a great number of experi
<lb/>ments with Dr. Hofmann, for the purpose of getting evidence in the action against Bauwens' for the infringement of Price's patent, in June last—they were conducted with the most rigorous accuracy—we stipulated that we should have complete command of the apparatus, and of the material to be distilled, and have every opportunity afforded for the examination of it, and that that which was left from day to day should be under our seal, and we had all those advantages—the laboratory was completely under our control—the result of our experiments was not that it was injurious both in point of quantity and quality to work with superheated steam; quite the contrary—in the first place, we found whether we distilled without steam at all by the direct action of the fire, or whether with subheated or superheated steam,</p>
<xptr type="pageFacsimile" doc="185709140032"/>
<p>that the effect was the same in all cases; but when we came to compare the quantity produced and the amount of decomposition, we found that, without the use of steam, there was a certain amount of loss; when we used the sub
<lb/>heated steam there was less, and still less with the superheated steam, and we had evidence of there being more pitch in the first, less in the second, and least in the third—pitchy matter arises from the decomposition of the original matter—comparing the subheated steam with the distillation by open fire, there is a loss of 98/10 per cent., when distilled by the naked fire, without steam, and 7 1/2 per cent with subheated steam, making a saving of 21/3; per cent, with subheated steam over that of the fire without steam; but when we used the superheated steam the loss in two experiments tried with one another was only 2 1/2 per cent; so that there was an advantage of 5 per cent, in the yield over the other processes; not only was the pitch less, but there was less gaseous matter produced—the result of the experiment was to satisfy us that persons having the right to work with superheated steam will adopt it as the most beneficial mode—the difference is considerable for such manufactories—that would be one candle in twenty—I have heard it stated that there was soot of a red character, by one witness, and that it was not of a black colour, by another—that would lead me to conclude that the temperature of the flue was above 800 degrees Fahrenheit, otherwise the carbonaceous matter would remain unconsumed—the red matter is the ash of the organic matter, containing a little iron—that is the lowest heat at which the combustion of carbonaceous matter would take place—I am able to say that wrought iron pipes exposed to such a temperature in a flue, not in direct contact with the fuel, and not subject to be red hot, and then allowed to cool, would last a considerable number of months—I have had great experience, and have apparatus at work constructed of wrought iron, similar to these pipes; but the case is different in allowing pipes to remain constantly, or nearly constantly, at one temperature, preventing them from cooling below redness, because the cake of oxide on the outer surface scales off on cooling, in consequence of the rate of expansion in the iron being different; if it is again raised to a red heat, a fresh coating of oxide is formed, and when it cools that flakes off, and thus you gradually oxidise and use up a pipe; but if it is kept at a red heat the coating of oxide actually protects it from the action of the fire; but if it is placed in contact with the fire, the coals containing sulphur, a sulphnret is formed, and the pipe is soon destroyed—these of Mr. Bauwens would last upwards of six months, because I have had pipes myself exposed in that way to the direct action of flame, but not of the coal, exposed to the action of the fire so as to produce a red heat, like heating by gas in contradistinction to solid fuel—here are several layers of oxide scaled off this pipe, and I should say it has been heated and cooled several times.</p>
<hi rend="italic">Cross-examined. Q.</hi> Were you examined at the trial?
<hi rend="italic">A.</hi> Yes, and on the same side as I now appear.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-56" type="witnessName">
<interp inst="t18570914-name-56" type="gender" value="male"/>
<interp inst="t18570914-name-56" type="surname" value="HOFMANN"/>
<interp inst="t18570914-name-56" type="given" value="AUGUSTUS WILHELM"/>DR. AUGUSTUS WILHELM HOFMANN</persName> </hi>. I have been engaged in chemical pursuits for a great number of years. I assisted Mr. Delarue in the exper
<lb/>riments he made—we proved the advantage of working with superheated steam—I agree entirely with the evidence he has given.</p>
<hi rend="italic">Cross-examined. Q.</hi> Were you examined on the trial?
<hi rend="italic">A.</hi> Yes, for Price's Patent Candle Company.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-57" type="witnessName">
<interp inst="t18570914-name-57" type="gender" value="male"/>
<interp inst="t18570914-name-57" type="surname" value="WILLSON"/>
<interp inst="t18570914-name-57" type="given" value="GEORGE FERGUSSON"/>GEORGE FERGUSSON WILLSON</persName> </hi>. I am managing director of Price's Patent. Candle Company—we have been manufacturing under our patent of 1843, during the whole period of fourteen years, with superheated steam—(our</p>
<xptr type="pageFacsimile" doc="185709140033"/>
<p>patent is just expiring)—it possesses a very decided advantage over every other mode of working—we have manufactured with superheated steam to the extent of several thousand tons a year—it is the result of my experience that a person, having the opportunity of working with superheated steam, would prefer that mode to any other—it is not true that it is prejudicial to work with superheated steam, both as to the quantity and quality of the product; quite the reverse.</p>
<hi rend="smallCaps">
<rs id="t18570914-919-verdict-1" type="verdictDescription">
<interp inst="t18570914-919-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18570914-919-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18570914-920">
<interp inst="t18570914-920" type="uri" value="sessionsPapers/18570914"/>
<interp inst="t18570914-920" type="date" value="18570914"/>
<join result="criminalCharge" id="t18570914-920-charge-1" targOrder="Y" targets="def1-920-18570914 t18570914-920-offence-1 t18570914-920-verdict-1"/>
<persName id="def1-920-18570914" type="defendantName">
<interp inst="def1-920-18570914" type="gender" value="male"/>
<interp inst="def1-920-18570914" type="age" value="30"/>
<interp inst="def1-920-18570914" type="surname" value="MURPHY"/>
<interp inst="def1-920-18570914" type="given" value="MICHAEL"/>
<hi rend="largeCaps">MICHAEL MURPHY</hi> (30)</persName> was indicted
<rs id="t18570914-920-offence-1" type="offenceDescription">
<interp inst="t18570914-920-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18570914-920-offence-1" type="offenceSubcategory" value="perjury"/> for a like offence.</rs> </p>
<hi rend="italic">No evidence was offered.</hi>)</p>
<hi rend="smallCaps">
<rs id="t18570914-920-verdict-1" type="verdictDescription">
<interp inst="t18570914-920-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18570914-920-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18570914-921">
<interp inst="t18570914-921" type="uri" value="sessionsPapers/18570914"/>
<interp inst="t18570914-921" type="date" value="18570914"/>
<join result="criminalCharge" id="t18570914-921-charge-1" targOrder="Y" targets="def1-921-18570914 t18570914-921-offence-1 t18570914-921-verdict-1"/>
<persName id="def1-921-18570914" type="defendantName">
<interp inst="def1-921-18570914" type="gender" value="male"/>
<interp inst="def1-921-18570914" type="age" value="47"/>
<interp inst="def1-921-18570914" type="surname" value="WHEELER"/>
<interp inst="def1-921-18570914" type="given" value="EDWARD"/>
<hi rend="largeCaps">EDWARD WHEELER</hi> (47)</persName>
<rs id="t18570914-921-offence-1" type="offenceDescription">
<interp inst="t18570914-921-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570914-921-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 3 pewter pots, value 6
<hi rend="italic">s</hi>.; the goods of
<persName id="t18570914-name-60" type="victimName">
<interp inst="t18570914-name-60" type="gender" value="indeterminate"/>
<interp inst="t18570914-name-60" type="surname" value="ELLISON"/>
<interp inst="t18570914-name-60" type="given" value="JANES JOYCE"/>
<join result="offenceVictim" targOrder="Y" targets="t18570914-921-offence-1 t18570914-name-60"/>Janes Joyce Ellison</persName>: having been before convicted: to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18570914-921-verdict-1" type="verdictDescription">
<interp inst="t18570914-921-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570914-921-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.**—
<hi rend="italic">
<rs id="t18570914-921-punishment-1" type="punishmentDescription">
<interp inst="t18570914-921-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t18570914-921-punishment-1" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-921-18570914 t18570914-921-punishment-1"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18570914-922">
<interp inst="t18570914-922" type="uri" value="sessionsPapers/18570914"/>
<interp inst="t18570914-922" type="date" value="18570914"/>
<join result="criminalCharge" id="t18570914-922-charge-1" targOrder="Y" targets="def1-922-18570914 t18570914-922-offence-1 t18570914-922-verdict-1"/>
<persName id="def1-922-18570914" type="defendantName">
<interp inst="def1-922-18570914" type="gender" value="female"/>
<interp inst="def1-922-18570914" type="age" value="28"/>
<interp inst="def1-922-18570914" type="surname" value="JONES"/>
<interp inst="def1-922-18570914" type="given" value="SARAH"/>
<hi rend="largeCaps">SARAH JONES</hi> (28)</persName>
<rs id="t18570914-922-offence-1" type="offenceDescription">
<interp inst="t18570914-922-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570914-922-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 2 pairs of sloes, value 1
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>.; the goods of
<persName id="t18570914-name-62" type="victimName">
<interp inst="t18570914-name-62" type="gender" value="male"/>
<interp inst="t18570914-name-62" type="surname" value="PENN"/>
<interp inst="t18570914-name-62" type="given" value="JOHN CAMP"/>
<join result="offenceVictim" targOrder="Y" targets="t18570914-922-offence-1 t18570914-name-62"/>John Camp Penn</persName>: to which she</rs> </p>
<hi rend="smallCaps">
<rs id="t18570914-922-verdict-1" type="verdictDescription">
<interp inst="t18570914-922-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570914-922-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18570914-922-punishment-2" type="punishmentDescription">
<interp inst="t18570914-922-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18570914-922-punishment-2" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-922-18570914 t18570914-922-punishment-2"/>Confined Six Months</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18570914-923">
<interp inst="t18570914-923" type="uri" value="sessionsPapers/18570914"/>
<interp inst="t18570914-923" type="date" value="18570914"/>
<join result="criminalCharge" id="t18570914-923-charge-1" targOrder="Y" targets="def1-923-18570914 t18570914-923-offence-1 t18570914-923-verdict-1"/>
<join result="criminalCharge" id="t18570914-923-charge-2" targOrder="Y" targets="def1-923-18570914 t18570914-923-offence-2 t18570914-923-verdict-1"/>
<join result="criminalCharge" id="t18570914-923-charge-3" targOrder="Y" targets="def1-923-18570914 t18570914-923-offence-3 t18570914-923-verdict-1"/>
<persName id="def1-923-18570914" type="defendantName">
<interp inst="def1-923-18570914" type="gender" value="male"/>
<interp inst="def1-923-18570914" type="age" value="30"/>
<interp inst="def1-923-18570914" type="surname" value="GRIFFITHS"/>
<interp inst="def1-923-18570914" type="given" value="LLEWELLYN"/>
<hi rend="largeCaps">LLEWELLYN GRIFFITHS</hi> (30)</persName>
<rs id="t18570914-923-offence-1" type="offenceDescription">
<interp inst="t18570914-923-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570914-923-offence-1" type="offenceSubcategory" value="embezzlement"/>, Embezzling the sums of 40
<hi rend="italic">l</hi>., 34
<hi rend="italic">l</hi>., 6
<hi rend="italic">s</hi>., and 13
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>.; the moneys of
<persName id="t18570914-name-64" type="victimName">
<interp inst="t18570914-name-64" type="gender" value="male"/>
<interp inst="t18570914-name-64" type="surname" value="FOSTER"/>
<interp inst="t18570914-name-64" type="given" value="JOHN PORTER"/>
<join result="offenceVictim" targOrder="Y" targets="t18570914-923-offence-1 t18570914-name-64"/>John Porter Foster</persName> and another, his masters</rs>:
<hi rend="italic">also</hi>,
<rs id="t18570914-923-offence-2" type="offenceDescription">
<interp inst="t18570914-923-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18570914-923-offence-2" type="offenceSubcategory" value="stealingFromMaster"/>stealing an order for the payment of 15
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi> </rs>:
<hi rend="italic">also</hi>,
<rs id="t18570914-923-offence-3" type="offenceDescription">
<interp inst="t18570914-923-offence-3" type="offenceCategory" value="theft"/>
<interp inst="t18570914-923-offence-3" type="offenceSubcategory" value="stealingFromMaster"/>an order for 12
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>.; of his said masters: to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18570914-923-verdict-1" type="verdictDescription">
<interp inst="t18570914-923-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570914-923-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18570914-923-punishment-3" type="punishmentDescription">
<interp inst="t18570914-923-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18570914-923-punishment-3" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-923-18570914 t18570914-923-punishment-3"/>Four Years Penal Servitude.</rs> </hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, September</hi> 14
<hi rend="italic">th</hi>, 1857.</p>
<hi rend="largeCaps">PRESENT</hi>—Sir
<hi rend="smallCaps">FRANCIS GRAHAM MOON</hi>., Bart., Ald.; Mr. Ald.
<hi rend="smallCaps">PHILLIPS</hi>.; and
<hi rend="smallCaps">MICHAEL PRENDERQAST</hi>., Esq., Q. C.</p>
<hi rend="italic">Before Michael Prendergast, Esq., Q. C., and the Fourth Jury.</hi> </p>
<div1 type="trialAccount" id="t18570914-924">
<interp inst="t18570914-924" type="uri" value="sessionsPapers/18570914"/>
<interp inst="t18570914-924" type="date" value="18570914"/>
<join result="criminalCharge" id="t18570914-924-charge-1" targOrder="Y" targets="def1-924-18570914 t18570914-924-offence-1 t18570914-924-verdict-1"/>
<persName id="def1-924-18570914" type="defendantName">
<interp inst="def1-924-18570914" type="gender" value="male"/>
<interp inst="def1-924-18570914" type="age" value="24"/>
<interp inst="def1-924-18570914" type="surname" value="MAY"/>
<interp inst="def1-924-18570914" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN MAY</hi> (24)</persName>
<rs id="t18570914-924-offence-1" type="offenceDescription">
<interp inst="t18570914-924-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570914-924-offence-1" type="offenceSubcategory" value="animalTheft"/>, Stealing 12 live pigs, price 14
<hi rend="italic">l</hi>.; the property of
<persName id="t18570914-name-66" type="victimName">
<interp inst="t18570914-name-66" type="gender" value="male"/>
<interp inst="t18570914-name-66" type="surname" value="COLLINS"/>
<interp inst="t18570914-name-66" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18570914-924-offence-1 t18570914-name-66"/>Thomas Collins</persName>.</rs> </p>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18570914-name-67" type="witnessName">
<interp inst="t18570914-name-67" type="gender" value="male"/>
<interp inst="t18570914-name-67" type="surname" value="COLLINS"/>
<interp inst="t18570914-name-67" type="given" value="THOMAS"/>THOMAS COLLINS</persName> </hi>. I am a dealer in pigs. On 25th March I went to Uxbridge Fair with twelve pigs—I put them into the pens in the Chequer Yard—the prisoner came about 9 o'clock in the morning; that was the first time I ever saw him—he asked me what I wanted for them; I told him 24
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. a piece—he said, "Is not that almost enough for them?"—I said that was what I wanted for them—there was a man there,
<hi rend="italic">Bill</hi> Wells, or Williams, and he said, "Do you want a bit of steak for a lunch to day?"—the prisoner said he would give me 1
<hi rend="italic">l</hi>. a piece for them, and then he said 1
<hi rend="italic">l</hi>. 6
<hi rend="italic">d</hi>., and Wells said, "I will give a guinea a piece," and then he said a guinea and 6
<hi rend="italic">d</hi>.—the prisoner said, "Oh!" and went away—after he was gone, his man John came, whom I knew before—he asked me if I had seen his master—I said, "Yes," and he went away—the prisoner and John came to me again about half an hour after the first interview, and the prisoner asked me what I wanted for the pigs—I said, "Twenty-four shillings"—he stood some time, and then he and John went away—John came back alone, I suppose about an hour afterwards—I went to the Bottle with him, and saw the prisoner there; he said, "Will you have a pint of ale?"—I said, "Yes"—we had some conversation, and I at last agreed to sell him the</p>
<xptr type="pageFacsimile" doc="185709140034"/>
<p>pigs at 23
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>. a piece—when we came to pay for the ale, the prisoner said, "You must stop till I get change for a 10
<hi rend="italic">l</hi>. note"—the bar maid asked two or three times for the money; at last I gave a shilling to pay for the ale—the prisoner took the 9
<hi rend="italic">d</hi>. change, and I said, "That will make 14
<hi rend="italic">l</hi>., the pigs would come to 13
<hi rend="italic">l</hi>. 19
<hi rend="italic">s</hi>. "—the prisoner said he was going to the Chequers, and we went up there to the pigs—the prisoner then said, "Collins, I am almost afraid I have not got cash enough in my pocket, will you mind taking a walk down the town with me?" and he mentioned the names of two or three persons that he thought he should see; we went down the town, and into a beer house—we went back to the Chequers, and the prisoner said, "Now then, Collins, put the pigs into the cart, and we will go in, and have a pint of ale"—I do not know whose cart it was, there was no name on it—the prisoner then said, "If you will come and have a glass of ale, I will pay you the money"—the pigs were driven down the town—I thought be meant to go into the Chequers, but he went down the town—John got into the cart, and drove; I took hold of the horse's head; I did not want to let go till I was paid the money—I led the horse down from the Chequers to the Castle, 200 or 300 yards—in going along, John said once or twice, "Let go the horse; he is a young horse, and don't like to be led"—when we got to the Castle, the prisoner said, "Now John, stop the horse while I go in and pay for the pigs"—he stopped the horse, and the prisoner and I went in—there were a lot of men in there—I left the pigs in the cart—the prisoner called for a pint of ale, and when the land-lord wanted to know who was to pay for it, the prisoner had
<hi rend="italic">bolted</hi>, and the cart and pigs were gone—I did not see the prisoner again till seven weeks ago to-day—I saw him at Twickenham, and identified him.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> At what time of day on 25th March did you part with him?
<hi rend="italic">A.</hi> I suppose about 2 o'clock—he was in my company half an hour or more—we had only two pints of beer.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> You saw the prisoner there between 9 and 2 o'clock?
<hi rend="italic">A.</hi> Yes—I did not see him again till July—I had given information to the police—I did not charge a person named Baldry about this—I went before a Magistrate at Uxbridge, and gave information about a person named Baldry—William Williams said his name was Baldry—I have seen William Williams here to day—he has had 30
<hi rend="italic">s</hi>. of mine, to show me the man, and he has not done it—I saw him at Brentford—he said before the Magistrate that the prisoner was not the man—he was a witness before the Magistrate when this man was charged—I know Hemmings; he helped to put the pigs into the cart, and he saw this man—the prisoner gave me the name of Mason when I gave him the pigs—I signed a paper selling the pigs; there was on it, "William Mason, bought of Thomas Collins, 12 pigs"—I do not remember being at a public house, and telling a policeman that a man named Carter had my pigs—I did not point to another man besides the prisoner, and say that was the man that stole my pigs—William Williams was present at the time the pigs were put into the cart.</p>
<hi rend="italic">Q.</hi> Look at this man (
<hi rend="italic">John Carter</hi>), did you never point him out to the police?
<hi rend="italic">A.</hi> No; I remember being at a public house at Hounslow, and seeing him there—I saw a Harlington policeman there at the time I talked to the policeman about the loss of my pigs—I did not point to Carter, and say I thought that was the man—the policeman sent for me to look at him, and I would not own the man—the policeman said, "Here is Carter"—I said, "It
<hi rend="italic">is no go</hi> there"—the police said that they had a man in</p>
<xptr type="pageFacsimile" doc="185709140035"/>
<p>custody, and they sent for me to come over—I went to Twickenham; the prisoner was brought up by a policeman, and I owned him—Burton was in custody, and the prisoner came in as a witness, and I pointed him out.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-68" type="witnessName">
<interp inst="t18570914-name-68" type="gender" value="female"/>
<interp inst="t18570914-name-68" type="surname" value="SIBLY"/>
<interp inst="t18570914-name-68" type="given" value="MARTHA"/>MARTHA SIBLY</persName> </hi>. I am barmaid at the Swan and Bottle public house, Uxbridge. I recollect the fair day, in March last—I saw Collins there with a man named May, which was the prisoner—I did not know him before; I am quite sure he is the man—I saw him about three quarters of an hour—I stood over him that time waiting for my money—he had no money to pay for his ale—at last Mr. Collins paid a shilling—I did not see who got the change—I am quite sure the prisoner is the man.</p>
<hi rend="italic">Cross-examined. Q.</hi> Was this the fair day?
<hi rend="italic">A.</hi> Yes—a good many people used our house that day—my mistress was in the bar—she is not here—she did not try to get the money—this was in the parlour; there were many people there—I had never seen the prisoner before—I do not know how he was dressed—he had a stick in his hand—he did not pay me any money—I saw him again before the Magistrate, being examined—I was not shown him by the constable, I knew him without being shown—that was the first time I saw him again—they did not take me down stairs and show me a number of persons, and tell me to pick him out.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did the prisoner sit down to drink his ale?
<hi rend="italic">A.</hi> Yes, and I slopped a long time; he said he had not any change, and then he said he would give it to the ostler—I told him the ostler had nothing to do with it, he must pay me.</p>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> Did your mistress come into the parlour to receive any money?
<hi rend="italic">A.</hi> No—she did not see the prisoner in the parlour—I was taken to Brentford to see the prisoner—he was with three or four others—I after
<lb/>wards saw him in the box—but first he was with others, standing outside the Town Hall, and I knew him there.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-69" type="witnessName">
<interp inst="t18570914-name-69" type="gender" value="male"/>
<interp inst="t18570914-name-69" type="surname" value="NIGHTINGALE"/>
<interp inst="t18570914-name-69" type="given" value="DANIEL"/>DANIEL NIGHTINGALE</persName> </hi>. (
<hi rend="italic">Police sergeant, T 3</hi>). I accompanied the prose
<lb/>cutor to Twickenham—a case was going on about a turkey—a man named Burton was in custody, and the prisoner came there to bail him—Burton was convicted—I had told Collins that he would probably find the man there, and the moment the prisoner came into the room, he said, "That is the man."</p>
<hi rend="italic">Cross-examined. Q.</hi> Had you been previously communicated with about these pigs?
<hi rend="italic">A.</hi> Yes—I was not at the public house at Hounslow when Collins pointed out somebody else—I met Collins at Twickenham, in the Court—I had told him to come there—I did not hear Williams examined there, but at Brentford—I saw the prisoner at Twickenham, when Collins identified him on Monday, 20th July—I did not take the prisoner at once, because Collins told me he would rather consult his solicitor—he did not say he was not sure about him—I would have taken the prisoner at once, if Collins would have given him into custody.</p>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> Did Collins express any doubt at all about his being the man?
<hi rend="italic">A.</hi> No.</p>
<hi rend="smallCaps">MR. ORRIDGE</hi>.
<hi rend="italic">called</hi> </p>
<hi rend="smallCaps">
<persName id="t18570914-name-70" type="witnessName">
<interp inst="t18570914-name-70" type="gender" value="male"/>
<interp inst="t18570914-name-70" type="surname" value="PEEK"/>
<interp inst="t18570914-name-70" type="given" value="JOHN"/>JOHN PEEK</persName> </hi>. I am foreman to Messrs. Burchett, brickmakers, of Isle-worth. I have known the prisoner about two years and three months; he, has been employed by our firm at different intervals, in carting bricks, ashes, and sand from our field at Isleworth Green, to Isleworth Church Ferry—he was so employed on Wednesday, 25
<hi rend="italic">th.</hi> March—I saw him several times on that day—I had to pay him for the work he did, on the Saturday night—on the Saturday I paid him 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. for the work of Wednesday, the 25th—I have the book here—I booked the work myself every evening—this paper</p>
<xptr type="pageFacsimile" doc="185709140036"/>
<hi rend="italic">produced</hi>) is my writing, it is the receipt signed by the prisoner—here is the book of the hired cart work—the prisoner had a horse and cart of his own.</p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> Did he drive his cart himself?
<hi rend="italic">A.</hi>, Yes—ever since I have known him I never knew him to send any man or boy with it—his name is on it—I am quite sure I made these entries every night—he carted 3, 000 bricks that day in six loads—the barge is about a mile and a half from the field—he came soon after 7 o'clock—I am sure he could not have quitted for two or three hours—I saw him with his empty cart and his loaded cart eleven or twelve times that day.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> How many men are there under your superintendence?
<hi rend="italic">A.</hi> The number varies very much—in the summer season we have forty men, besides boys; in March we had about twenty—I had to keep an account of all the work done in the field—this is the hired cart book—I make the entries here every night of the work which each man does—I was first spoken to about this matter on the Friday before I went to Brentford on the Saturday—the prisoner came to me, and asked for two or three days bills of his work about that time, and this bill is one of his—I took it off the file—it is my writing, and his receipt is to it—on that Satur
<lb/>day he received 2
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>., 11
<hi rend="italic">d</hi>.—that included 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. for work done on 25th March—I found this bill out for him, and cut it off the file—he asked me if I recollected his being at work that day, and I told him I did, because we had done a thing that day that we had not done for months before—we had loaded two boats and a barge—I did not recollect his being at work that day without the book, but when I looked at the book I was sure of it—I make these entries every evening before I go home—I make a rough entry on a paper before they are entered in the book—every 500 that leaves I put them down—the prisoner attended regularly when we had work for him—he attended on the 24th—I cannot tell whether he was there on 26th or 27th, unless I see the book—(
<hi rend="italic">looking at the book</hi>) here is an entry of his name on the 26th—he took 500 bricks to Colebrook.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-71" type="witnessName">
<interp inst="t18570914-name-71" type="gender" value="male"/>
<interp inst="t18570914-name-71" type="surname" value="STONE"/>
<interp inst="t18570914-name-71" type="given" value="ROBERT"/>ROBERT STONE</persName> </hi>. I am kilnman in the employ of Messrs. Burchett, of Isleworth. On 25th March I was at work in their field—I saw the prisoner there, and I loaded him six times with bricks, 500 each time—he had to take them from Isleworth brick field to the wharf—on each occasion he was with the cart.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you know it was Uxbridge fair day?
<hi rend="italic">A.</hi> Yes; I heard them talking about the fair.</p>
<hi rend="italic">Cross-examined. Q.</hi> Who did you hear talking about it?
<hi rend="italic">A.</hi> The prisoner, and two men named Hawkins, 10 minutes or a quarter past 7 o'clock, about taking one of the horses to the fair?—that was an old horse——the two Hawkinses were talking about it; the prisoner was not; he was busy loading his cart—I was in the field all day—I am never out—I cannot be sure whether the prisoner was at work on the 24th—he was there on the 23rd—I think he went to Colebrook that day, if I am not mistaken—he was there on the 26th—he asked me to give evidence about this matter—he came and asked me if I knew about his being there on the 25th, and I said, "Yes"—I had heard that he was charged with stealing pigs on the 25th, and he came and asked me if I knew he was there on the 25th, and I said, "Yes"—Mr. Peek had told me that he had been there—I cannot tell what made him tell me that, but he told me that the prisoner was there on the 25th, and I knew he was—I cannot tell whether the prisoner was there on the 20th or 19th—Mr. Peek never leaves, only for a short time, and he comes to me and asks how many loads have been loaded, and I tell him—the</p>
<xptr type="pageFacsimile" doc="185709140037"/>
<p>Hawkinses are not here—
<hi rend="italic">Tom</hi> Hawkins said to his brother, "You had better by half take your old horse to the Mr. and we should not have this bother here"—the prisoner was in the middle of the two brothers—the prisoner went with his load to Isleworth Church wharf—I saw him again about an hour and a half afterwards—he came back with his horse and cart—I saw him six times that day.</p>
<hi rend="smallCaps">MR. ORRIDGE</hi>.
<hi rend="italic">Q.</hi> Was this matter talked of in the brick-field about the prisoner being taken?
<hi rend="italic">A.</hi> Yes—I have known him about seven years, as a steady, respectable man.</p>
<hi rend="smallCaps">
<rs id="t18570914-924-verdict-1" type="verdictDescription">
<interp inst="t18570914-924-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18570914-924-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, September</hi> 15
<hi rend="italic">th</hi>, 1857.</p>
<hi rend="largeCaps">PRESENT</hi>—Sir
<hi rend="smallCaps">FRANCIS GRAHAM MOON</hi>., Bart, Ald.; Mr. Ald.
<hi rend="smallCaps">PHILIPS</hi>.; and
<hi rend="smallCaps">MICHAEL PRENDERGAST</hi>., Esq., Q. C.</p>
<hi rend="italic">Before Michael Prendergast, Esq., Q. C, and the Fifth Jury.</hi> </p>
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<interp inst="t18570914-925" type="date" value="18570914"/>
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<persName id="def1-925-18570914" type="defendantName">
<interp inst="def1-925-18570914" type="gender" value="male"/>
<interp inst="def1-925-18570914" type="age" value="50"/>
<interp inst="def1-925-18570914" type="surname" value="PROBERT"/>
<interp inst="def1-925-18570914" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM PROBERT</hi> (50)</persName>
<rs id="t18570914-925-offence-1" type="offenceDescription">
<interp inst="t18570914-925-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570914-925-offence-1" type="offenceSubcategory" value="burglary"/>, Stealing 2 pairs of trowsers, and other articles, value 2
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.; the goods of
<persName id="t18570914-name-73" type="victimName">
<interp inst="t18570914-name-73" type="gender" value="male"/>
<interp inst="t18570914-name-73" type="surname" value="JARRETT"/>
<interp inst="t18570914-name-73" type="given" value="EVAN"/>
<join result="offenceVictim" targOrder="Y" targets="t18570914-925-offence-1 t18570914-name-73"/>Evan Jarrett</persName>, in his dwelling house, and burglariously breaking out of the said dwelling house; having been before convicted: to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18570914-925-verdict-1" type="verdictDescription">
<interp inst="t18570914-925-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570914-925-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18570914-925-punishment-4" type="punishmentDescription">
<interp inst="t18570914-925-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18570914-925-punishment-4" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-925-18570914 t18570914-925-punishment-4"/>Four Years Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18570914-926">
<interp inst="t18570914-926" type="uri" value="sessionsPapers/18570914"/>
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<join result="criminalCharge" id="t18570914-926-charge-2" targOrder="Y" targets="def1-926-18570914 t18570914-926-offence-2 t18570914-926-verdict-1"/>
<persName id="def1-926-18570914" type="defendantName">
<interp inst="def1-926-18570914" type="gender" value="male"/>
<interp inst="def1-926-18570914" type="age" value="18"/>
<interp inst="def1-926-18570914" type="surname" value="WORTHING"/>
<interp inst="def1-926-18570914" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES WORTHING</hi> (18)</persName>
<rs id="t18570914-926-offence-1" type="offenceDescription">
<interp inst="t18570914-926-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18570914-926-offence-1" type="offenceSubcategory" value="forgery"/>, Feloniously forging a receipt for the delivery of goods; with intent to defraud</rs>:
<hi rend="italic">also</hi>,
<rs id="t18570914-926-offence-2" type="offenceDescription">
<interp inst="t18570914-926-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18570914-926-offence-2" type="offenceSubcategory" value="stealingFromMaster"/>Stealing 33 pairs of slippers, value 4
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>.; the goods of
<persName id="t18570914-name-75" type="victimName">
<interp inst="t18570914-name-75" type="gender" value="male"/>
<interp inst="t18570914-name-75" type="surname" value="HINSTON"/>
<interp inst="t18570914-name-75" type="given" value="ERNEST"/>
<join result="offenceVictim" targOrder="Y" targets="t18570914-926-offence-2 t18570914-name-75"/>Ernest Hinston</persName> and another, his masters: to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18570914-926-verdict-1" type="verdictDescription">
<interp inst="t18570914-926-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570914-926-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">Recommended to mercy.—
<rs id="t18570914-926-punishment-5" type="punishmentDescription">
<interp inst="t18570914-926-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18570914-926-punishment-5" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-926-18570914 t18570914-926-punishment-5"/>Confined One Year</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18570914-927">
<interp inst="t18570914-927" type="uri" value="sessionsPapers/18570914"/>
<interp inst="t18570914-927" type="date" value="18570914"/>
<join result="criminalCharge" id="t18570914-927-charge-1" targOrder="Y" targets="def1-927-18570914 t18570914-927-offence-1 t18570914-927-verdict-1"/>
<persName id="def1-927-18570914" type="defendantName">
<interp inst="def1-927-18570914" type="gender" value="male"/>
<interp inst="def1-927-18570914" type="age" value="21"/>
<interp inst="def1-927-18570914" type="surname" value="WILMOTT"/>
<interp inst="def1-927-18570914" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS WILMOTT</hi>(21)</persName>
<rs id="t18570914-927-offence-1" type="offenceDescription">
<interp inst="t18570914-927-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570914-927-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing 1 watch, value 30
<hi rend="italic">s</hi>.; the goods of
<persName id="t18570914-name-77" type="victimName">
<interp inst="t18570914-name-77" type="gender" value="male"/>
<interp inst="t18570914-name-77" type="surname" value="DAVY"/>
<interp inst="t18570914-name-77" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18570914-927-offence-1 t18570914-name-77"/>John Davy</persName>, from his person; having been before convicted; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18570914-927-verdict-1" type="verdictDescription">
<interp inst="t18570914-927-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570914-927-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18570914-927-punishment-6" type="punishmentDescription">
<interp inst="t18570914-927-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18570914-927-punishment-6" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-927-18570914 t18570914-927-punishment-6"/>Four Years Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18570914-928">
<interp inst="t18570914-928" type="uri" value="sessionsPapers/18570914"/>
<interp inst="t18570914-928" type="date" value="18570914"/>
<join result="criminalCharge" id="t18570914-928-charge-1" targOrder="Y" targets="def1-928-18570914 t18570914-928-offence-1 t18570914-928-verdict-1"/>
<join result="criminalCharge" id="t18570914-928-charge-2" targOrder="Y" targets="def1-928-18570914 t18570914-928-offence-2 t18570914-928-verdict-1"/>
<persName id="def1-928-18570914" type="defendantName">
<interp inst="def1-928-18570914" type="gender" value="female"/>
<interp inst="def1-928-18570914" type="age" value="17"/>
<interp inst="def1-928-18570914" type="surname" value="BURRIN"/>
<interp inst="def1-928-18570914" type="given" value="ISABELLA"/>
<hi rend="largeCaps">ISABELLA BURRIN</hi>(17)</persName>
<rs id="t18570914-928-offence-1" type="offenceDescription">
<interp inst="t18570914-928-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570914-928-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 1 waistband, value 2
<hi rend="italic">s</hi>., the goods of
<persName id="t18570914-name-79" type="victimName">
<interp inst="t18570914-name-79" type="gender" value="female"/>
<interp inst="t18570914-name-79" type="surname" value="TAPLIN"/>
<interp inst="t18570914-name-79" type="given" value="FANNY"/>
<join result="offenceVictim" targOrder="Y" targets="t18570914-928-offence-1 t18570914-name-79"/>Fanny Taplin</persName> </rs>; and
<rs id="t18570914-928-offence-2" type="offenceDescription">
<interp inst="t18570914-928-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18570914-928-offence-2" type="offenceSubcategory" value="stealingFromMaster"/>15
<hi rend="italic">l</hi>., the moneys of
<persName id="t18570914-name-80" type="victimName">
<interp inst="t18570914-name-80" type="gender" value="male"/>
<interp inst="t18570914-name-80" type="surname" value="TAPLIN"/>
<interp inst="t18570914-name-80" type="given" value="JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t18570914-928-offence-2 t18570914-name-80"/>Joseph Taplin</persName>, bar master: to which she</rs> </p>
<hi rend="smallCaps">
<rs id="t18570914-928-verdict-1" type="verdictDescription">
<interp inst="t18570914-928-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570914-928-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">Recommended to mercy.—
<rs id="t18570914-928-punishment-7" type="punishmentDescription">
<interp inst="t18570914-928-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18570914-928-punishment-7" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-928-18570914 t18570914-928-punishment-7"/>Confined Four Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18570914-929">
<interp inst="t18570914-929" type="uri" value="sessionsPapers/18570914"/>
<interp inst="t18570914-929" type="date" value="18570914"/>
<join result="criminalCharge" id="t18570914-929-charge-1" targOrder="Y" targets="def1-929-18570914 t18570914-929-offence-1 t18570914-929-verdict-1"/>
<persName id="def1-929-18570914" type="defendantName">
<interp inst="def1-929-18570914" type="gender" value="female"/>
<interp inst="def1-929-18570914" type="age" value="19"/>
<interp inst="def1-929-18570914" type="surname" value="WILLIAMS"/>
<interp inst="def1-929-18570914" type="given" value="EMMA"/>
<hi rend="largeCaps">EMMA WILLIAMS</hi> (19)</persName>
<rs id="t18570914-929-offence-1" type="offenceDescription">
<interp inst="t18570914-929-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18570914-929-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MESSRS ELLIS</hi>.
<hi rend="italic">and</hi>
<hi rend="smallCaps">PAYNE</hi>.
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18570914-name-82" type="witnessName">
<interp inst="t18570914-name-82" type="gender" value="male"/>
<interp inst="t18570914-name-82" type="surname" value="JAMES"/>
<interp inst="t18570914-name-82" type="given" value="JOHN WILLIAM"/>JOHN WILLIAM JAMES</persName> </hi>. I am a haberdasher, of High Street, Shadwell On 15th Aug. the prisoner came for some article, which came to 4
<hi rend="italic">d</hi>. or 5
<hi rend="italic">d</hi>.—she gave me a 5
<hi rend="italic">s</hi>. piece; I gave her change, and she left—in about a quarter of an hour I found it was bad, and I nailed it to the counter—about an hour afterwards I took it up from the counter, and in taking it up it broke; I kept the pieces—on 28th Aug. the prisoner came again, and bought something which came to 6
<hi rend="italic">d</hi>., and tendered me a bad half crown—I told her I would go for change; I went and got a policeman, and gave her into custody, with the half crown and the two pieces of the crown.</p>
<hi rend="italic">Prisoner. Q.</hi> When I gave you the half crown, what did you do?
<hi rend="italic">A.</hi> I said I would go and get change—I did not say, when I was before the Magistrate, that it was very nearly three weeks ago that you gave me the 5
<hi rend="italic">s</hi>. piece—I said that I had three pieces passed on me, and I have every reason to believe it was you that passed the first, about a month before—the sergeant asked me the time you passed the crown; I said I</p>
<xptr type="pageFacsimile" doc="185709140038"/>
<p>could not tell till I went home and looked at a memorandum—I said I thought it was about a fortnight—I went home, and found it was on the 15th.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-83" type="witnessName">
<interp inst="t18570914-name-83" type="gender" value="male"/>
<interp inst="t18570914-name-83" type="surname" value="COX"/>
<interp inst="t18570914-name-83" type="given" value="DAVID"/>DAVID COX</persName> </hi>. (
<hi rend="italic">Policeman, A</hi> 480). The prisoner was given into my cus
<lb/>tody—I received this half crown, and the two pieces of a crown—I told the prisoner she was charged with uttering a bad 5
<hi rend="italic">s</hi>. piece and a half crown to Mr. James—she said, "Lor! Mr. James; you must be mistaken"—she said she lived in Spitalfields, and it was No. 9, but she could not tell me the street—I found on her two half crowns and a 2
<hi rend="italic">s</hi>. piece—she said she had been to Lambeth Church, to her mother, and borrowed some money of her.</p>
<hi rend="italic">Prisoner.</hi> I gave you a description of the street, and said there was a pawnbroker's shop at the corner,
<hi rend="italic">Witness.</hi> Yes, you did.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-84" type="witnessName">
<interp inst="t18570914-name-84" type="gender" value="male"/>
<interp inst="t18570914-name-84" type="surname" value="WEBSTER"/>
<interp inst="t18570914-name-84" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. I am inspector of coin to the Royal Mint. These are both counterfeit coins.</p>
<hi rend="smallCaps">
<rs id="t18570914-929-verdict-1" type="verdictDescription">
<interp inst="t18570914-929-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18570914-929-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18570914-930">
<interp inst="t18570914-930" type="uri" value="sessionsPapers/18570914"/>
<interp inst="t18570914-930" type="date" value="18570914"/>
<join result="criminalCharge" id="t18570914-930-charge-1" targOrder="Y" targets="def1-930-18570914 t18570914-930-offence-1 t18570914-930-verdict-1"/>
<persName id="def1-930-18570914" type="defendantName">
<interp inst="def1-930-18570914" type="gender" value="female"/>
<interp inst="def1-930-18570914" type="age" value="19"/>
<interp inst="def1-930-18570914" type="surname" value="PARKER"/>
<interp inst="def1-930-18570914" type="given" value="MARY ANN"/>
<hi rend="largeCaps">MARY ANN PARKER</hi> (19)</persName> was indicted
<rs id="t18570914-930-offence-1" type="offenceDescription">
<interp inst="t18570914-930-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18570914-930-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<hi rend="smallCaps">MESSRS. ELLIS</hi>.
<hi rend="italic">and</hi>
<hi rend="smallCaps">PAYNE</hi>.
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18570914-name-86" type="witnessName">
<interp inst="t18570914-name-86" type="gender" value="male"/>
<interp inst="t18570914-name-86" type="surname" value="REDGELL"/>
<interp inst="t18570914-name-86" type="given" value="JOHN SULLING"/>JOHN SULLING REDGELL</persName> </hi>. I am a corn chandler, and live at Stepney. On 5th Aug. the prisoner came for half a peck of oats—they came to 6
<hi rend="italic">d</hi>.; she gave me a half crown—I put it into the detector, told her it was bad, and asked her whether she wanted the oats for herself; she said, "No, a man in the road gave the money to me"—I said I would go and see if it was a man who had given me a 5
<hi rend="italic">s</hi>. piece in the afternoon, as the descrip
<lb/>tion she gave me of the man very much resembled him—I went out, but the man was gone—I gave the prisoner into custody, with the half crown—the prisoner was taken to the police court, and discharged the next day.</p>
<hi rend="italic">Prisoner. Q.</hi> Why did you not take that man, as you took me?
<hi rend="italic">A.</hi> He said that he had only 2
<hi rend="italic">d</hi>., and his brother was outside, and he would go and find him, but he never returned.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-87" type="witnessName">
<interp inst="t18570914-name-87" type="gender" value="male"/>
<interp inst="t18570914-name-87" type="surname" value="CBEIGHTON"/>
<interp inst="t18570914-name-87" type="given" value="WILLIAM"/>WILLIAM CBEIGHTON</persName> </hi>. (
<hi rend="italic">Policeman, K</hi> 63). I took the prisoner on 5th Aug., and received from the last witness this half crown.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-88" type="witnessName">
<interp inst="t18570914-name-88" type="gender" value="female"/>
<interp inst="t18570914-name-88" type="surname" value="HERMAN"/>
<interp inst="t18570914-name-88" type="given" value="ANN"/>ANN HERMAN</persName> </hi>. I am the niece of Mr. Giles. On 28th Aug. the prisoner came to his shop for two penny buns, and gave me a shilling—I put it into the till; there were several other shillings there—she came back again in about ten minutes, and in the mean time the till had been examined by my uncle—she then asked for 2
<hi rend="italic">d</hi>. worth of pastry, and she gave me a bad shilling—I gave it to my aunt, and told her it was bad—the prisoner said she did not know it was bad, and she had got it from a gentleman in the Com
<lb/>mercial Road—I bent it—this is it.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-89" type="witnessName">
<interp inst="t18570914-name-89" type="gender" value="female"/>
<interp inst="t18570914-name-89" type="surname" value="GILES"/>
<interp inst="t18570914-name-89" type="given" value="MARIA"/>MARIA GILES</persName> </hi>. I am the aunt of the last witness. I got this shilling from her, and gave it to my husband.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-90" type="witnessName">
<interp inst="t18570914-name-90" type="gender" value="male"/>
<interp inst="t18570914-name-90" type="surname" value="GILES"/>
<interp inst="t18570914-name-90" type="given" value="GEORGE"/>GEORGE GILES</persName> </hi>. I am a baker. I got this bad shilling from my wife—before that, I had looked into my till, and saw a bad shilling amongst some good ones—I gave that shilling, and the one my wife gave me, to the policeman.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-91" type="witnessName">
<interp inst="t18570914-name-91" type="gender" value="male"/>
<interp inst="t18570914-name-91" type="surname" value="ALLISON"/>
<interp inst="t18570914-name-91" type="given" value="JAMES"/>JAMES ALLISON</persName> </hi>. (
<hi rend="italic">Policeman, H</hi> 128). I received these two shillings from Mr. Giles—I took the prisoner.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-92" type="witnessName">
<interp inst="t18570914-name-92" type="gender" value="male"/>
<interp inst="t18570914-name-92" type="surname" value="WEBSTER"/>
<interp inst="t18570914-name-92" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This half crown is bad—these two shillings are bad, and from the same mould.</p>
<hi rend="italic">Prisoner.</hi> I was not in the shop till I went for the pastry.</p>
<hi rend="smallCaps">
<rs id="t18570914-930-verdict-1" type="verdictDescription">
<interp inst="t18570914-930-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570914-930-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18570914-930-punishment-8" type="punishmentDescription">
<interp inst="t18570914-930-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18570914-930-punishment-8" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-930-18570914 t18570914-930-punishment-8"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18570914-931">
<interp inst="t18570914-931" type="uri" value="sessionsPapers/18570914"/>
<interp inst="t18570914-931" type="date" value="18570914"/>
<join result="criminalCharge" id="t18570914-931-charge-1" targOrder="Y" targets="def1-931-18570914 t18570914-931-offence-1 t18570914-931-verdict-1"/>
<xptr type="pageFacsimile" doc="185709140039"/>
<persName id="def1-931-18570914" type="defendantName">
<interp inst="def1-931-18570914" type="gender" value="female"/>
<interp inst="def1-931-18570914" type="age" value="17"/>
<interp inst="def1-931-18570914" type="surname" value="MARKHAM"/>
<interp inst="def1-931-18570914" type="given" value="MARTHA"/>
<hi rend="largeCaps">MARTHA MARKHAM</hi> (17)</persName> was indicted
<rs id="t18570914-931-offence-1" type="offenceDescription">
<interp inst="t18570914-931-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18570914-931-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<hi rend="smallCaps">MESSRS. ELLIS</hi>.
<hi rend="italic">and</hi>
<hi rend="smallCaps">PAYNE</hi>.
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18570914-name-94" type="witnessName">
<interp inst="t18570914-name-94" type="gender" value="female"/>
<interp inst="t18570914-name-94" type="surname" value="DA"/>
<interp inst="t18570914-name-94" type="given" value="SARAH JANE"/>SARAH JANE DA</persName> </hi>. vis. I live with my brother, Benjamin Thomas Davis, in Kingland Road. On Thursday, 6th Aug., the prisoner came, and asked for a dress, which came to 4
<hi rend="italic">s</hi>. 11 1/2
<hi rend="italic">d</hi>.; she gave me a crown, I gave her a halfpenny, and she left the shop—I put the crown into the till; there was no other crown there—my sister-in-law and I were in the shop, no other person—this was about half past 9 o'clock; the shop was closed at a quarter before 10—no one came into the shop after the prisoner—my brother came home in about a quarter pf an hour, and my sister-in-law took the money out of the till, and brought it to him—no other person had been to the till—on the following Saturday night week, 15th Aug., about half past 9 o'clock, the prisoner came again, for a common cap and a pair of stockings; they came to 1
<hi rend="italic">s</hi>. 2 1/2
<hi rend="italic">d</hi>., and she gave me a crown—I tried it with the detector, and found it was bad—I told the prisoner I had not sufficient change, and I went to Mr. Howard's, at the next door—I did not lose sight of the crown—a constable was fetched, and the prisoner given in charge—I said that it was the second one I had taken of the prisoner—she said she did not know this one was bad; she did not say anything about the first one—I marked the crown, and gave it to the constable—I got the other crown from my brother; I marked that, and gave it to the constable.</p>
<hi rend="italic">Prisoner.</hi> She said that it was on a Tuesday, and that her brother came and took the money out of the till, and thought the 5
<hi rend="italic">s</hi>. piece was bad, and pat it into a bag with more silver, and took it out the next morning.</p>
<hi rend="italic">Witness.</hi> No, he wrapped it in paper, and put it into a bag by itself—I am quite sure the prisoner is the person who tendered the first piece—there was only one crown in the till the first night, and that was bad—I said that I was not quite sure whether it was on Tuesday or Thursday that she first came, but now I am sure it was on Thursday.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-95" type="witnessName">
<interp inst="t18570914-name-95" type="gender" value="female"/>
<interp inst="t18570914-name-95" type="surname" value="DAVIS"/>
<interp inst="t18570914-name-95" type="given" value="JANET"/>JANET DAVIS</persName> </hi>. I am the wife of Benjamin Davis, who is the brother of the last witness. I recollect taking a bad crown from the till, and giving it to my husband, on Thursday, 6th Aug.—the last witness and I were in the shop that day—my husband came home about a quarter before 10 o'clock, and I took the money out of the till—there was no other crown in the till—my husband put it into a paper in a bag by itself.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-96" type="witnessName">
<interp inst="t18570914-name-96" type="gender" value="male"/>
<interp inst="t18570914-name-96" type="surname" value="DAVIS"/>
<interp inst="t18570914-name-96" type="given" value="BENJAMIN"/>BENJAMIN DAVIS</persName> </hi>. I am the husband of the last witness. I came home on Thursday night, 6th Aug., and my wife gave me the money out of the till—I have no doubt about its being on Thursday night, because I had just come from taking a second business—the money my wife gave me was a half crown, a shilling, and this bad crown—I put it in paper into a bag, and kept it till the Monday week afterwards, and gave it to my sister to give to the policeman—I am sure the crown which was brought to me out of the till was the same that I gave to my sister on the 17th; I had kept it wrapped in paper all the while.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-97" type="witnessName">
<interp inst="t18570914-name-97" type="gender" value="male"/>
<interp inst="t18570914-name-97" type="surname" value="DAVET"/>
<interp inst="t18570914-name-97" type="given" value="JAMES"/>JAMES DAVET</persName> </hi>. (
<hi rend="italic">Policeman, N</hi> 349). I took the prisoner on 15th Aug., in Mr. Davis's shop—I received this crown from Miss Davis then, and received this other crown from her on the 17th—when Miss Davis said in the shop that it was the second crown the prisoner had given her, the prisoner made no answer—at the station Miss Davis said, "I think it was on Tuesday;" the prisoner said, "You are mistaken"—Miss Davis after
<lb/>wards said it was on Thursday—when I took the prisoner it was about 8 o'clock; the gas was lighted.</p>
<xptr type="pageFacsimile" doc="185709140040"/>
<hi rend="smallCaps">
<persName id="t18570914-name-98" type="witnessName">
<interp inst="t18570914-name-98" type="gender" value="male"/>
<interp inst="t18570914-name-98" type="surname" value="WEBSTER"/>
<interp inst="t18570914-name-98" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These crowns are both bad, and from the sama mould.</p>
<hi rend="smallCaps">
<rs id="t18570914-931-verdict-1" type="verdictDescription">
<interp inst="t18570914-931-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570914-931-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18570914-931-punishment-9" type="punishmentDescription">
<interp inst="t18570914-931-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18570914-931-punishment-9" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-931-18570914 t18570914-931-punishment-9"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18570914-932">
<interp inst="t18570914-932" type="uri" value="sessionsPapers/18570914"/>
<interp inst="t18570914-932" type="date" value="18570914"/>
<join result="criminalCharge" id="t18570914-932-charge-1" targOrder="Y" targets="def1-932-18570914 t18570914-932-offence-1 t18570914-932-verdict-1"/>
<persName id="def1-932-18570914" type="defendantName">
<interp inst="def1-932-18570914" type="gender" value="female"/>
<interp inst="def1-932-18570914" type="age" value="46"/>
<interp inst="def1-932-18570914" type="surname" value="O'NEILL"/>
<interp inst="def1-932-18570914" type="given" value="MARY"/>
<hi rend="largeCaps">MARY O'NEILL</hi> (46)</persName> was indicted
<rs id="t18570914-932-offence-1" type="offenceDescription">
<interp inst="t18570914-932-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18570914-932-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<hi rend="smallCaps">MESSRS. ELLIS</hi>.
<hi rend="italic">and</hi>
<hi rend="smallCaps">PAYNE</hi>.
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18570914-name-100" type="witnessName">
<interp inst="t18570914-name-100" type="gender" value="male"/>
<interp inst="t18570914-name-100" type="surname" value="TIMBLETT"/>
<interp inst="t18570914-name-100" type="given" value="WILLIAM"/>WILLIAM TIMBLETT</persName> </hi>. I keep the Market House public house, Farringdon Street. The prisoner came, I think, on Saturday, 25th July—it was either on the Saturday or the Monday—she asked for half a pint of 6
<hi rend="italic">d</hi>. ale; she gave me a shilling—I gave her 10 1/2
<hi rend="italic">d</hi>. change, and put the shilling into the till—there was no other shilling there—I had two sixpences in the till; I gave her one and some halfpence; I then took the shilling out of the till, to take it to the parlour, to get two sixpences for it—I then saw the shilling was bad, and I took it to the counter, but the prisoner was gone out at the door—I kept the shilling in my pocket by itself and gave it to a policeman on 30th July—I had never put it with any other—on 30th July the prisoner came again, and had halt a pint of 6
<hi rend="italic">d</hi>. ale; she gave me a shilling; I tried it in the detector, put it on the counter, and said, "This is a bad one, and I have taken bad money of you before"—she took it up, and gave me a good one; she said she did not know it was bad, and she was quite certain she had not given me bad money before—I said; "I am certain you did a few days since, and I believe some pieces before;" and I told her I had given her 10 1/2
<hi rend="italic">d</hi>. change—I sent for a policeman, and gave her into custody—he took the bad shilling from her"—I had bent it.</p>
<hi rend="italic">Prisoner.</hi> I did not know it was bad; I said, "Here is two shillings," and gave him one: he kept it in his hand, and has got it now.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-101" type="witnessName">
<interp inst="t18570914-name-101" type="gender" value="male"/>
<interp inst="t18570914-name-101" type="surname" value="MUNROE"/>
<interp inst="t18570914-name-101" type="given" value="JOHN"/>JOHN MUNROE</persName> </hi>. (
<hi rend="italic">City policeman</hi>). I took the prisoner on 30th July; she gave me an address, which was false—I went, and could not find that she lived there—there was found on her two shillings, a key, and some stay laces—I took this shilling from her hand at the public house; it was quite bent—I got this other shilling from the prosecutor.</p>
<hi rend="italic">Prisoner.</hi> I told him I lived at No. 4, Little Norton Street, Great Mary
<lb/>lebone Street.
<hi rend="italic">Witness.</hi> No, you said, "4, Little Marylebone Street"</p>
<hi rend="smallCaps">
<persName id="t18570914-name-102" type="witnessName">
<interp inst="t18570914-name-102" type="gender" value="male"/>
<interp inst="t18570914-name-102" type="surname" value="WEBSTER"/>
<interp inst="t18570914-name-102" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These shillings are both bad.</p>
<hi rend="italic">The prisoner received a good character.</hi>)</p>
<hi rend="smallCaps">
<rs id="t18570914-932-verdict-1" type="verdictDescription">
<interp inst="t18570914-932-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18570914-932-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18570914-933">
<interp inst="t18570914-933" type="uri" value="sessionsPapers/18570914"/>
<interp inst="t18570914-933" type="date" value="18570914"/>
<join result="criminalCharge" id="t18570914-933-charge-1" targOrder="Y" targets="def1-933-18570914 t18570914-933-offence-1 t18570914-933-verdict-1"/>
<join result="criminalCharge" id="t18570914-933-charge-2" targOrder="Y" targets="def1-933-18570914 t18570914-933-offence-2 t18570914-933-verdict-1"/>
<persName id="def1-933-18570914" type="defendantName">
<interp inst="def1-933-18570914" type="gender" value="male"/>
<interp inst="def1-933-18570914" type="age" value="28"/>
<interp inst="def1-933-18570914" type="surname" value="PEARSON"/>
<interp inst="def1-933-18570914" type="given" value="EDWIN"/>
<hi rend="largeCaps">EDWIN PEARSON</hi> (28)</persName>
<rs id="t18570914-933-offence-1" type="offenceDescription">
<interp inst="t18570914-933-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570914-933-offence-1" type="offenceSubcategory" value="embezzlement"/>, Embezzling 25
<hi rend="italic">l</hi>., 1
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>.</rs>;
<hi rend="italic">also</hi>,
<rs id="t18570914-933-offence-2" type="offenceDescription">
<interp inst="t18570914-933-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18570914-933-offence-2" type="offenceSubcategory" value="embezzlement"/> 5
<hi rend="italic">l</hi>., 5
<hi rend="italic">l</hi>., and 4
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.; the moneys of
<persName id="t18570914-name-104" type="victimName">
<interp inst="t18570914-name-104" type="gender" value="male"/>
<interp inst="t18570914-name-104" type="surname" value="CASTLE"/>
<interp inst="t18570914-name-104" type="given" value="ROBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t18570914-933-offence-2 t18570914-name-104"/>Robert Castle</persName> and others, his masters: to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18570914-933-verdict-1" type="verdictDescription">
<interp inst="t18570914-933-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570914-933-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.,
<hi rend="italic">and received a good character.—Recommended to mercy.</hi> </p>
<hi rend="italic">
<rs id="t18570914-933-punishment-10" type="punishmentDescription">
<interp inst="t18570914-933-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18570914-933-punishment-10" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-933-18570914 t18570914-933-punishment-10"/>Confined Four Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18570914-934">
<interp inst="t18570914-934" type="uri" value="sessionsPapers/18570914"/>
<interp inst="t18570914-934" type="date" value="18570914"/>
<join result="criminalCharge" id="t18570914-934-charge-1" targOrder="Y" targets="def1-934-18570914 t18570914-934-offence-1 t18570914-934-verdict-1"/>
<persName id="def1-934-18570914" type="defendantName">
<interp inst="def1-934-18570914" type="gender" value="female"/>
<interp inst="def1-934-18570914" type="age" value="37"/>
<interp inst="def1-934-18570914" type="surname" value="WILLIAMS"/>
<interp inst="def1-934-18570914" type="given" value="MARY"/>
<hi rend="largeCaps">MARY WILLIAMS</hi> (37)</persName>
<rs id="t18570914-934-offence-1" type="offenceDescription">
<interp inst="t18570914-934-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570914-934-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 1 pair of boots, value 12
<hi rend="italic">s</hi>.; the goods of
<persName id="t18570914-name-106" type="victimName">
<interp inst="t18570914-name-106" type="gender" value="male"/>
<interp inst="t18570914-name-106" type="surname" value="MARCHANT"/>
<interp inst="t18570914-name-106" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18570914-934-offence-1 t18570914-name-106"/>John Marchant</persName>.</rs> </p>
<hi rend="smallCaps">
<persName id="t18570914-name-107" type="witnessName">
<interp inst="t18570914-name-107" type="gender" value="male"/>
<interp inst="t18570914-name-107" type="surname" value="DURANT"/>
<interp inst="t18570914-name-107" type="given" value="EDWIN"/>EDWIN DURANT</persName> </hi>. I am shop boy to Mr. John Marchant He keeps a shoe warehouse in High Street, Aldgate—on 29th Aug. the prisoner came in the afternoon, with a woman who wanted a pair of 3
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. boots—she tried on three or four pairs—the prisoner stood against the place where the men's boots were—I wanted to get them out of the shop, and I would not show them any more boots—the other woman took a pair of children's boots off the line; I took them from her; and she abused me—the prisoner walked straight on, and never spoke to me—I then looked, and missed a pair of boots—I went after the prisoner, and stopped her; she had got the boots under her arm, under her shawl—directly I kid hold of her, she ran back to the shop, and pulled down several pairs of boots from off the line,</p>
<xptr type="pageFacsimile" doc="185709140041"/>
<p>and laid them with the pair she had, and said I should not know there—I know the pair she took; them are them.</p>
<hi rend="italic">Prisoner.</hi> He followed me out, and took me back to the shop, and was going to strike me.
<hi rend="italic">Witness.</hi> I found she was getting the better of me, and was going to strike her with a life preserver; I only raised it, I did not strike her.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-108" type="witnessName">
<interp inst="t18570914-name-108" type="gender" value="male"/>
<interp inst="t18570914-name-108" type="surname" value="HALE"/>
<interp inst="t18570914-name-108" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY HALE</persName> </hi>. (
<hi rend="italic">City policeman</hi>, 625). I took the prisoner, and produce these boots—there were several other pairs on the floor—I did not see the life preserver—this boy is left in charge of that shop the greater part of the week, while the master is out on other business—we have many cases from that shop.</p>
<hi rend="italic">Prisoner's Defence.</hi> I have got two children; my husband left me two years ago last Christmas; there were two women in the shop.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-109" type="witnessName">
<interp inst="t18570914-name-109" type="gender" value="male"/>
<interp inst="t18570914-name-109" type="surname" value="DURANT"/>
<interp inst="t18570914-name-109" type="given" value="EDWIN"/>EDWIN DURANT</persName> </hi>.
<hi rend="italic">re-examined.</hi> There was only a servant in the shop; the other woman got away as quick as she could.</p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> How far had the prisoner got before you overtook her?
<hi rend="italic">A.</hi> Four or five shops—the other woman was with her till I overtook her, and then she ran away.</p>
<hi rend="smallCaps">
<rs id="t18570914-934-verdict-1" type="verdictDescription">
<interp inst="t18570914-934-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570914-934-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18570914-934-punishment-11" type="punishmentDescription">
<interp inst="t18570914-934-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18570914-934-punishment-11" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-934-18570914 t18570914-934-punishment-11"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18570914-935">
<interp inst="t18570914-935" type="uri" value="sessionsPapers/18570914"/>
<interp inst="t18570914-935" type="date" value="18570914"/>
<join result="criminalCharge" id="t18570914-935-charge-1" targOrder="Y" targets="def1-935-18570914 t18570914-935-offence-1 t18570914-935-verdict-1"/>
<persName id="def1-935-18570914" type="defendantName">
<interp inst="def1-935-18570914" type="gender" value="male"/>
<interp inst="def1-935-18570914" type="age" value="21"/>
<interp inst="def1-935-18570914" type="surname" value="WATKINS"/>
<interp inst="def1-935-18570914" type="given" value="MICHAEL"/>
<hi rend="largeCaps">MICHAEL WATKINS</hi>(21)</persName>
<rs id="t18570914-935-offence-1" type="offenceDescription">
<interp inst="t18570914-935-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570914-935-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 1 ham, value 14
<hi rend="italic">s</hi>.; the goods of
<persName id="t18570914-name-111" type="victimName">
<interp inst="t18570914-name-111" type="gender" value="male"/>
<interp inst="t18570914-name-111" type="surname" value="FLETCHER"/>
<interp inst="t18570914-name-111" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18570914-935-offence-1 t18570914-name-111"/>William Fletcher</persName>.</rs> </p>
<hi rend="smallCaps">
<persName id="t18570914-name-112" type="witnessName">
<interp inst="t18570914-name-112" type="gender" value="female"/>
<interp inst="t18570914-name-112" type="surname" value="COLLINS"/>
<interp inst="t18570914-name-112" type="given" value="ELIZABETH"/>ELIZABETH COLLINS</persName> </hi>. I live at No. 46, Milton Street, Cripplegate. On the evening of 25th Aug. I was standing between Milton Street and Fore Street, and I saw
<hi rend="italic">Alick</hi> Marney take a ham from the prosecutor's, and give it to the prisoner; they went up Flying Horse Yard, and came down a court without the ham—I then saw the prisoner come down the street by himself—I saw a policeman, and gave him in charge—I knew the prisoner before—I gave the prisoner in charge in about ten minutes.</p>
<hi rend="italic">Prisoner.</hi> I had been standing at the corner of Moor Lane for half an hour; I have a man here who saw the ham taken, not by us.
<hi rend="italic">Witness.</hi> I am quite sure the prisoner is one of the men, and Marney the other—it was about 5 minutes before 6 o'clock in the evening.</p>
<hi rend="italic">Prisoner.</hi> When I went to the station she said she could not say whether the ham was given to me or not.
<hi rend="italic">Witness.</hi> No, I did not say anything of the kind.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-113" type="witnessName">
<interp inst="t18570914-name-113" type="gender" value="male"/>
<interp inst="t18570914-name-113" type="surname" value="WINGROVE"/>
<interp inst="t18570914-name-113" type="given" value="CHARLES"/>CHARLES WINGROVE</persName> </hi>. I am shopman to William Fletcher. On 25th Aug., a few minutes before 6 o'clock, I was sent out to receive an account, and on returning back there was a cheesemonger's cart, which had left some hams—I missed one of them; there ought to have been ten, and there were but nine—I went after the prisoner directly up Flying Horse Yard, but I could see nothing—a woman said she knew the prisoner, and I got a police
<lb/>man—the woman saw the prisoner, and I gave him in charge.</p>
<hi rend="italic">Prisoner.</hi> I was standing at the corner of Moor Lane for half an hour; the woman said at the station that she could not say whether the ham was given to me or not; you did not give me in charge when you saw me first.</p>
<hi rend="italic">Witness.</hi> I did as soon as the woman said you were the man—it was ten minutes, on the outside, after the ham was stolen—the prisoner lives at No. 5, Maidenhead Court, just across Moor Lane.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-114" type="witnessName">
<interp inst="t18570914-name-114" type="gender" value="male"/>
<interp inst="t18570914-name-114" type="surname" value="ROBERTSON"/>
<interp inst="t18570914-name-114" type="given" value="THOMAS"/>THOMAS ROBERTSON</persName> </hi>. I was at the window of the Greyhound public house on the evening of 25th, Aug., and saw the prisoner and a man come by who had a ham—he gave the ham to the prisoner, and they went down a turn
<lb/>ing in Milton Street—I afterwards saw the prisoner walk back with the</p>
<xptr type="pageFacsimile" doc="185709140042"/>
<p>policeman, and I am sure he is the man who had the him given him by the other man.</p>
<hi rend="italic">Prisoner. Q.</hi> Where were you?
<hi rend="italic">A.</hi> Outside the public house, cleaning the window—the him was given to you about 5 minutes before 6 o'clock.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-115" type="witnessName">
<interp inst="t18570914-name-115" type="gender" value="male"/>
<interp inst="t18570914-name-115" type="surname" value="JENNISON"/>
<interp inst="t18570914-name-115" type="given" value="ROBERT GEORGE"/>ROBERT GEORGE JENNISON</persName> </hi>. (
<hi rend="italic">city policeman</hi>, 76). Collins pointed out the prisoner, and said that he was the person who received this ham—I took him in charge, and Mrs. Fletcher sent the shopman to charge him—Mrs. Collins said she was sure he was the man—I took Robertson to see the prisoner, and he said he was the man.</p>
<hi rend="italic">Prisoner.</hi> Mrs. Collins said she could not say whether it was me or my brother.
<hi rend="italic">Witness.</hi> She said no such thing—she said, "I am sure that was the man"—she said she saw his brother, but he was not with him.</p>
<hi rend="italic">Prisoner's Defends.</hi> I could not take the him when I was standing at the corner of Moor Lane for half an hour, or three quarters of an hour; I heard say a him had been stolen, and I went to Flying Horse Yard, and Walked half way up Milton Street; the policeman came, and said I was Wanted; I went down, and the woman said I was the person, and they gave me in charge; when at the station, Collins said she could not say whether it was given to me or my brother.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-116" type="witnessName">
<interp inst="t18570914-name-116" type="gender" value="male"/>
<interp inst="t18570914-name-116" type="surname" value="WINGROVE"/>
<interp inst="t18570914-name-116" type="given" value="CHARLES"/>CHARLES WINGROVE</persName> </hi>. There is no thoroughfare between Flying Horse Yard and Honeysuckle Court, but there is a place where they might throw something over, and go up Honeysuckle Court and pick it up.</p>
<hi rend="italic">Witnesses for the Defence.</hi> </p>
<hi rend="smallCaps">MRS. AMBROSE</hi>. I lire in Maidenhead Court; my husband is a shoe
<lb/>maker—I came down stairs that evening, and saw a man on his knees in my house, carrying a bam in a cloth, and there was a man outside wait
<lb/>ing for it—that is the house where the prisoner lives—I do not know who the men were—I went down a few minutes afterwards, and saw the prisoner at the bottom of Moor Lane—I spoke to him, and asked him if he had seen my husband—I Went home, and in a few minutes the prisoner came into my house—the him was brought into my house, not by the prisoner, but by two strange men—my husband was not one of them—I do not know
<hi rend="italic">Alick</hi> Marney—my landlord lives in my house, and the prisoner's mother—I did not ask the men who had the him who they were.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-117" type="witnessName">
<interp inst="t18570914-name-117" type="gender" value="male"/>
<interp inst="t18570914-name-117" type="surname" value="STRAND"/>
<interp inst="t18570914-name-117" type="given" value="WILLIAM"/>WILLIAM STRAND</persName> </hi>. When the him was missing I saw a man come through Honeysuckle Court, Where I live, with the him under his arm—he dropped it opposite my window, and he took it up again—it was not the prisoner—I know
<hi rend="italic">Alick</hi>: Marney—it was not him, it was shorter man—it was the prisoner's brother that dropped the him—there was no one with him when he dropped it—he crossed the way with it under his arm, and went towards Maidenhead Court.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Were you not surprised to see a shoemaker with so much ham?
<hi rend="italic">A.</hi> No—he was trotting along with it—it was the prisoner's brother—he is about half a head shorter than the prisoner—it was about 3 o'clock.</p>
<hi rend="smallCaps">
<rs id="t18570914-935-verdict-1" type="verdictDescription">
<interp inst="t18570914-935-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570914-935-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18570914-935-punishment-12" type="punishmentDescription">
<interp inst="t18570914-935-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18570914-935-punishment-12" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-935-18570914 t18570914-935-punishment-12"/>Confined Three Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18570914-936">
<interp inst="t18570914-936" type="uri" value="sessionsPapers/18570914"/>
<interp inst="t18570914-936" type="date" value="18570914"/>
<join result="criminalCharge" id="t18570914-936-charge-1" targOrder="Y" targets="def1-936-18570914 t18570914-936-offence-1 t18570914-936-verdict-1"/>
<persName id="def1-936-18570914" type="defendantName">
<interp inst="def1-936-18570914" type="gender" value="male"/>
<interp inst="def1-936-18570914" type="age" value="20"/>
<interp inst="def1-936-18570914" type="surname" value="MENDOZA"/>
<interp inst="def1-936-18570914" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES MENDOZA</hi> (20)</persName>
<rs id="t18570914-936-offence-1" type="offenceDescription">
<interp inst="t18570914-936-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570914-936-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, stealing 10 coats, and other articles, value 13
<hi rend="italic">l</hi>.; the goods of
<persName id="t18570914-name-119" type="victimName">
<interp inst="t18570914-name-119" type="gender" value="male"/>
<interp inst="t18570914-name-119" type="surname" value="HYAM"/>
<interp inst="t18570914-name-119" type="given" value="MOSES"/>
<join result="offenceVictim" targOrder="Y" targets="t18570914-936-offence-1 t18570914-name-119"/>Moses Hyam</persName> and another, his masters: to which he
<hi rend="smallCaps">
<rs id="t18570914-936-verdict-1" type="verdictDescription">
<interp inst="t18570914-936-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570914-936-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—</rs>
<hi rend="italic">
<rs id="t18570914-936-punishment-13" type="punishmentDescription">
<interp inst="t18570914-936-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18570914-936-punishment-13" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-936-18570914 t18570914-936-punishment-13"/>Confined One Year</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18570914-937">
<interp inst="t18570914-937" type="uri" value="sessionsPapers/18570914"/>
<interp inst="t18570914-937" type="date" value="18570914"/>
<join result="criminalCharge" id="t18570914-937-charge-1" targOrder="Y" targets="def1-937-18570914 t18570914-937-offence-1 t18570914-937-verdict-1"/>
<join result="criminalCharge" id="t18570914-937-charge-2" targOrder="Y" targets="def2-937-18570914 t18570914-937-offence-1 t18570914-937-verdict-1"/>
<persName id="def1-937-18570914" type="defendantName">
<interp inst="def1-937-18570914" type="gender" value="male"/>
<interp inst="def1-937-18570914" type="age" value="42"/>
<interp inst="def1-937-18570914" type="surname" value="MULLINS"/>
<interp inst="def1-937-18570914" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS MULLINS</hi> (42)</persName>, and
<persName id="def2-937-18570914" type="defendantName">
<interp inst="def2-937-18570914" type="gender" value="male"/>
<interp inst="def2-937-18570914" type="age" value="38"/>
<interp inst="def2-937-18570914" type="surname" value="FINN"/>
<interp inst="def2-937-18570914" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS FINN</hi>(38)</persName>
<rs id="t18570914-937-offence-1" type="offenceDescription">
<interp inst="t18570914-937-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570914-937-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, Stealing 90lbs. weight of rope, value 1
<hi rend="italic">l</hi>.; the goods of
<persName id="t18570914-name-122" type="victimName">
<interp inst="t18570914-name-122" type="gender" value="male"/>
<interp inst="t18570914-name-122" type="surname" value="BROWN"/>
<interp inst="t18570914-name-122" type="given" value="JAMES WELLS"/>
<join result="offenceVictim" targOrder="Y" targets="t18570914-937-offence-1 t18570914-name-122"/>James Wells Brown</persName>, and others, their masters.</rs> </p>
<hi rend="smallCaps">MR. COOPER</hi>.
<hi rend="italic">conducted the Prosecution.</hi> </p>
<xptr type="pageFacsimile" doc="185709140043"/>
<hi rend="smallCaps">
<persName id="t18570914-name-123" type="witnessName">
<interp inst="t18570914-name-123" type="gender" value="male"/>
<interp inst="t18570914-name-123" type="surname" value="EVANS"/>
<interp inst="t18570914-name-123" type="given" value="SAMUEL"/>SAMUEL EVANS</persName> </hi>. (
<hi rend="italic">City policeman</hi>). On 22nd Aug, about) half past? 12 o'clock, I saw the prisoner Mullins carrying this rope in Barbican—I told him I was an officer, and asked him what he was going to do with it—he said to take it to a job in Bishopsgate Street, and he had brought it from Cursitor Street—I asked him if he was in Messrs, Brown's employ, he said "No"—it is all in one piece—I asked him if he bad ever been, in Mr. Brown's employ; he said, "No."</p>
<hi rend="smallCaps">
<persName id="t18570914-name-124" type="witnessName">
<interp inst="t18570914-name-124" type="gender" value="male"/>
<interp inst="t18570914-name-124" type="surname" value="CLARIDGE"/>
<interp inst="t18570914-name-124" type="given" value="THOMAS"/>THOMAS CLARIDGE</persName> </hi>. In Aug. I was in the employ of Messrs. Brown; I was at work at a job they had at Bread Street Hill—I believe this rope belongs to them—I cannot identify it, but I have used one similar to it—Mullins was a young man in their employ.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> Was Murray at work there?
<hi rend="italic">A.</hi> Yes and the two prisoners—I cannot say what day we commenced the work—I was at work there on Monday, 22nd Aug., and on the Monday before I was working near the prisoners—I saw Murray there.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-125" type="witnessName">
<interp inst="t18570914-name-125" type="gender" value="male"/>
<interp inst="t18570914-name-125" type="surname" value="RABJOHN"/>
<interp inst="t18570914-name-125" type="given" value="CHARLES"/>CHARLES RABJOHN</persName> </hi>. I was foreman of the works at Bread Street Hill—I saw some rope there—it was broken and laid aside, and another taken—I did not order the prisoners to get rid of it, nor to take it off the premises—I have an opinion that this rope here produced is a part of the rope that was broken, but I will not swear to it—this job was on Bread Street Hill—Messrs. Browns' office is on College Hill, and the yard on Fish Street Hill—the prisoners were in our employ, and Murray also—I think I dis
<lb/>charged Murray the same day that I discharged Mullins, I am not positive—Murray was discharged in consequence of some disagreement between him and Finn—Finn has been out on bail; I think he was in our employ for eight or nine days—he way a ganger of one gang of labourers—I had no charge against him, but I fancied be belonged to the same close, and I dis
<lb/>charged him.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-126" type="witnessName">
<interp inst="t18570914-name-126" type="gender" value="male"/>
<interp inst="t18570914-name-126" type="surname" value="MURRAY"/>
<interp inst="t18570914-name-126" type="given" value="JOHN"/>JOHN MURRAY</persName> </hi>. I was a labourer, in the employ of the prosecutors, on Bread Street Hill—the two prisoners were there, Finn was under foreman—I remember this rope, it was used on the Friday before it was taken away—I remember its being broken—we laid it aside till the Monday following and I saw the prisoners take it from where it lay, and coil it up—I heard Finn say to Mullins, "Take it, and make what you can of it"—they laid it on one side for a few minutes till the foreman, Rabjohn, was out of the way—Mullins came back in about an hour and a half, and worked till 7 o'clock, and he and Finn west off together—I saw Mullins on the Satur
<lb/>day, on the Monday, and on the Tuesday; I asked him what he had done with the rope, he said it was gone, and he said afterwards it watt to a marine store, in Brook Street, Holborn, for 5
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>.—I said that it was a shame to sell such a rope as that for that price, and that I could tell him where he could make a. 1
<hi rend="italic">l</hi>. of it—he said the rope could he got back by paying the money down again—I likewise asked Finn what had become of the rope, and he said that it bad gone to another job—I said, "What is the good of your telling me such a thing?" and said that it was a foolish job—he paid it was not, it was all gone for drink—I said, "What is the good of your tell
<lb/>ing such a story to me?"—I did not communicate it to Mr. Brown till the Friday after that—I afterwards went with Mullins to a man named Aaron, to get the rope back—I paid 7
<hi rend="italic">s</hi>.; Mulling showed me where the rope was—Mullins took the rope, and the constable took him with it—I was in the street, not far off.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Where was Mullins going to take the rope?
<hi rend="italic">A.</hi> I told him</p>
<xptr type="pageFacsimile" doc="185709140044"/>
<p>there was a place in Bishopsgate Street where 1
<hi rend="italic">l</hi>. was to be got for it, but there was no such place.</p>
<hi rend="italic">Mullins.</hi> You sold the rope yourself?
<hi rend="italic">Witness.</hi> No, I did not—I have had fourteen days at Guildhall for stealing lead—that was on 2nd May last—that was the only time.</p>
<hi rend="italic">Cross-examined. Q.</hi> Where did yon take the lead from?
<hi rend="italic">A.</hi> From a gentleman in Corn hill—I did not sell it—it was cut up for me—I was discharged, but the real thief is on the same job now—I was never convicted at Bow Street—it was about half past 3 o'clock on the Monday when I heard Finn give the direction to Mullins—there were many men there at work—I was close to Finn—I was in his gang—I was not the only one who heard him give these directions to Mullins—I told one of the men the next morning that the fall had been taken away—I knew that Finn was desiring Mullins to do something wrong—Finn complained of me not liking to do my work properly—he swore at me, and called me an ill name—I said, "If you go on so I must leave you"—this was on the Friday, about half past 3 o'clock, on the very day I was discharged—another man left at the same time that I did—Finn did not complain to Rabjohn that I was not attentive to my work—he said, "These men are above being spoken to," and Rabjohn said, "If you cannot agree with Finn I will discharge you"—I did not threaten Finn—I did not say that if I had not a bad arm I would fight him, nor that I would be revenged on him, and that I would not be particular what I said about him—I know Mr. Fox—I did not say to him that if I had not ft bad arm I would fight Finn—I gave Fox a pot of beer as I was leaving, and said I would go and tell Mr. Brown what he had done, and Fox said, "Do not do that"—I went on the Saturday to where this rope was sold, by Mr. Brown's directions.</p>
<hi rend="smallCaps">
<rs id="t18570914-937-verdict-1" type="verdictDescription">
<interp inst="t18570914-937-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18570914-937-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, September</hi> 16
<hi rend="italic">th</hi>, 1857.</p>
<hi rend="largeCaps">PRESENT</hi>—The Right Hon. the
<hi rend="smallCaps">LORD MAYOR</hi>.; Mr. Justice
<hi rend="smallCaps">CROMPTON</hi>.; Mr. Baron
<hi rend="smallCaps">WATSON</hi>.; Mr. Ald.
<hi rend="smallCaps">HUMPHERY</hi>.; Sir
<hi rend="smallCaps">FRANCIS GRAHAM MOON</hi>., Bart art Ald.; and
<hi rend="smallCaps">MICHAEL PRENDERGAST</hi>., Esq., Q. C.</p>
<hi rend="italic">Before Mr. Baron Watson and the Second Jury.</hi> </p>
<div1 type="trialAccount" id="t18570914-938">
<interp inst="t18570914-938" type="uri" value="sessionsPapers/18570914"/>
<interp inst="t18570914-938" type="date" value="18570914"/>
<join result="criminalCharge" id="t18570914-938-charge-1" targOrder="Y" targets="def1-938-18570914 t18570914-938-offence-1 t18570914-938-verdict-1"/>
<persName id="def1-938-18570914" type="defendantName">
<interp inst="def1-938-18570914" type="gender" value="male"/>
<interp inst="def1-938-18570914" type="age" value="23"/>
<interp inst="def1-938-18570914" type="surname" value="GORMAN"/>
<interp inst="def1-938-18570914" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS GORMAN</hi> (23)</persName>
<rs id="t18570914-938-offence-1" type="offenceDescription">
<interp inst="t18570914-938-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18570914-938-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously stabbing
<persName id="t18570914-name-128" type="victimName">
<interp inst="t18570914-name-128" type="gender" value="indeterminate"/>
<interp inst="t18570914-name-128" type="surname" value="BEVINGTON"/>
<interp inst="t18570914-name-128" type="given" value="SOUTHAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18570914-938-offence-1 t18570914-name-128"/>Southam Beving
<lb/>ton</persName>, with intent to murder him. 2nd
<hi rend="smallCaps">COUNT</hi>., with intent to do him some grievous bodily harm.</rs> </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="t18570914-name-129" type="witnessName">
<interp inst="t18570914-name-129" type="gender" value="male"/>
<interp inst="t18570914-name-129" type="surname" value="WILKIE"/>
<interp inst="t18570914-name-129" type="given" value="JOHN"/>JOHN WILKIE</persName> </hi>. I am an assistant warder at Millbank Prison. The pri
<lb/>soner was a penal class convict in that prison—he was brought from Pen
<lb/>tonville—I do not recollect the date when he was brought, but I recollect that I received him into the ward when he came—on 21st Aug. I was on duty at the chapel at Millbank—I was in charge of him that morning at the chapel—two warders go with the convicts when they go to the chapel—the convicts go in single file—one warder goes in front, and one at the end of the convicts—on 21st Aug., about 10 minutes past 9 o'clock, we left the chapel to return to the cells—you have to ascend a few steps from the chapel—Bevington went up first—a prisoner of the name of Learing fol
<lb/>lowed—one of the name of Harris ought to have gone second after Learing—the</p>
<xptr type="pageFacsimile" doc="185709140045"/>
<p>prisoner ought to have been third—there was another prisoner, of the name of Macdonald; there were four in number that morning at the chapel—as we were leaving the chapel, I saw the prisoner come out second; he ought to have been third—after we got out into a long gallery, leading from the chapel, I saw him pass Learing, who was first—that brought him in behind Bevington—they had to go up some steps then, and then they had a passage of considerable length to go along before they came to a rounding of the building—they kept in that order for some way up the steps; and along the passage—I saw the prisoner first before Learing when they came to the angle or corner of the building, I saw Bevington turn round the corner, and the prisoner was a little behind him, and he bounded round the corner to make up with Bevington—I then heard an unusual noise, such as a scuffle, and Learing had just turned; I could see the other three prisoners—he had just turned round the corner—I could not see the prisoner; he was out of my sight, and so was the officer—Learing stopped, and turned round with his face towards me, and held up both his hands—he said nothing—the prisoners in this class are prohibited speaking as they go along the wards—we passed the dormitory door, and when I came to the corner I brought up the prisoners all in front of me, to see what was the matter—I thought something had taken place—when I came to the corner, I neither saw Mr. Bevington nor Gorman—I do not think Bevington had been in the prisoner's ward over two days; he came to assist temporarily, for two days or so—I will not be sure to a day or so as to how long Bevington had been there.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-130" type="witnessName">
<interp inst="t18570914-name-130" type="gender" value="male"/>
<interp inst="t18570914-name-130" type="surname" value="LEARING"/>
<interp inst="t18570914-name-130" type="given" value="JOHN"/>JOHN LEARING</persName> </hi>. I am a penal class prisoner in Millbank Prison. I was in the chapel on the morning that this matter occurred—the service was over about 9 o'clock, or half past—Bevington was the assistant warder there—he came out of the chapel first—I was first after him—Gorman ought to have been third, but he rushed past the prisoner Harris, and made himself second—he ought to have been behind Harris—he pushed past Harris, and got behind me—he followed behind me for about the space of fifty yards, then I came to a turning of the stairs—Bevington still continued before me—when we came to a corner of the stairs, Gorman gave me a push on one side, and ascended the stairs before me—that placed him next to the officer who was leading the penal class prisoners from chapel—we had to go along a passage by the side of the dormitory, but instead of keeping behind the officer in the ordinary way, a few yards before we came to the corner, he wheeled round in a kind of a half circle, and immediately drew from his left cuff something with his right hand—I supposed it to be a weapon of some sort, being rather bright at the point; he struck the officer with it in his right hand, on the right side of the face—it knocked the officer into the dormitory, and then he rushed down the stairs—I stopped immediately, and held up my hands and looked round to my officer, Mr. Wilkie, who was about two yards in the rear—Mr. Fletcher, the principal warder, came out of the dormitory, and rushed after (Gorman—I followed Fletcher—when I got down in the ward, I saw him standing in front of Gorman, asking him what he had done—he held out his two arms, and said he had done nothing and had nothing—Mr. Fletcher then sent him to his cell—(
<hi rend="italic">knife produced</hi>)—I never had that knife in my hands before, but it appeared something like it, as I was a little way behind him—it was such a thing as that, as far as I saw—I did not see the knife found anywhere.</p>
<hi rend="italic">Prisoner. Q.</hi> After chapel was over, did not we both come down to the chapel door together?
<hi rend="italic">A.</hi> I was first, you ought to have been third—I was just out—I never spoke to you—you followed behind me till—I came</p>
<xptr type="pageFacsimile" doc="185709140046"/>
<p>to the stairs—when we came to the round part, about five paces from the dormitory door, you wheeled round in a kind of half circle—in turning the corner I saw you draw from your left cuff something with your right hand—I stated before the Magistrate that I saw the blow given—I stated there the same as I have stated here—after I saw the officer stagger, I saw you turn the corner, and rush down the stairs—I stopped immediately I lost sight of you; I thought it was my best place to stop—I held out my hands to Mr. Wilkie, my warder, and Mr. Fletcher came out—in the pas
<lb/>sage you held out your two arms, and said you had done nothing, and had nothing—I saw Mr. Fletcher doing something to you—he found nothing that I saw.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-131" type="witnessName">
<interp inst="t18570914-name-131" type="gender" value="male"/>
<interp inst="t18570914-name-131" type="surname" value="FLETCHER"/>
<interp inst="t18570914-name-131" type="given" value="FREDERICK"/>FREDERICK FLETCHER</persName> </hi>. I am the principal warder at Millbank Prison. The prisoner was one of the penal class prisoners in that prison—on 21st Aug. I was in the dormitory at the time they were returning from chapel—the door of the dormitory leads into the passage along which we have to pass—if you were going to the dormitory from the chapel, you have to pass along one passage first, then to ascend some steps into another passage—the door of the dormitory is at the end of the passage, about six or eight yards from the angle, not more—after having turned round the angle, six or eight yards further on is the door of the dormitory—my attention was not drawn by any noise beyond the unlocking of the door; that was the signal that they were coming out of chapel, and I went to the door of the dormitory to meet them—Bevington was the first person I saw when I got to the door—he passed exactly in front of me, and nearly close to me, he staggered past me, but the side of his face that was injured was not next me, and I did not know whether he was taken suddenly ill or what; he passed me into the dormitory—I did not then see that he was wounded—there was only just room for me to pass between the officer and the prisoner; he was close to my right hand, and the officer close to my left—I should not think he was more than one yard from Bevington—I distinctly remember seeing two other penal class prisoners besides the prisoner, almost close up to him; they were all in a short space, the length of this Jury box—Gorman went in the direction of his ward after Bevington staggered; I asked him what he had been doing, or what was the matter; I looked towards the prisoner for an explanation; I am not sure whether he gave me any reply, but I think he said he had been doing nothing—he then passed me on his way to the ward, and I followed him—I went down two flights of stairs in going to the ward—there was an officer at the bottom of those stairs—I called to the officer to stop him; some suspicion crossed my mind, and I did not feel satisfied—he stopped at the end of the ward; I went down and laid hold of both his hands, and examined them, and took a superficial view of him; at that time I could see nothing about him—I questioned him again if he had been doing anything; he said he had not, and that he had nothing about him—I searched him thoroughly after that, and found nothing on him—I saw the warder Humphrey pick up the knife at the bottom of the stairs; he handed it to me immediately—he picked it up immediately underneath where the prisoner had to pass in going down to his ward—that was on the lower flight, where the wards are—he had not to pass where the knife was found, but I believe he went along the centre floor, and the knife was found on the bottom floor—a knife could have been dropped from the place where the prisoner passed to the place where it was picked up by Humphrey—when Humphrey brought me that knife, there was a small quantity of fresh blood on the handle,</p>
<xptr type="pageFacsimile" doc="185709140047"/>
<p>sufficient to distinguish it—I cannot say how long the prisoner had been in Millbank—I had not the immediate charge of him.</p>
<hi rend="italic">Prisoner. Q.</hi> When I was coming down the stairs, did you see me attempt to drop anything?
<hi rend="italic">A.</hi> No, I did not.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-132" type="witnessName">
<interp inst="t18570914-name-132" type="gender" value="male"/>
<interp inst="t18570914-name-132" type="surname" value="HUMPHREY"/>
<interp inst="t18570914-name-132" type="given" value="ALBERT"/>ALBERT HUMPHREY</persName> </hi>. I am an assistant warder at Millbank. On the morning of 21st Aug., after Bevington had been injured, I searched for a weapon—I found this knife at the bottom of the stairs of a winding staircase—there were spots of blood on the blade quite fresh and moist, and also on the handle.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> How long was this after they had come out of chapel?
<hi rend="italic">A.</hi> I suppose it might have been six, eight, or ten minutes; I would not be positive—we were all Tery confused.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-133" type="witnessName">
<interp inst="t18570914-name-133" type="gender" value="indeterminate"/>
<interp inst="t18570914-name-133" type="surname" value="BEVINGTON"/>
<interp inst="t18570914-name-133" type="given" value="SOUTHAM"/>SOUTHAM BEVINGTON</persName> </hi>. I am an assistant warder in Millbank Prison. It was my duty to lead a party of the penal class prisoners from chapel on 21st Aug.—I came out of the chapel first; Learing came next to me, Harris next, and the prisoner next—when I was ascending the stain, I disco
<lb/>vered that Gorman had taken the lead, and was next to me—we go along a passage, and then have to turn at right angles into another passage, that leads past the dormitory door—after I had turned that angle, I received a violent stab, which I supposed to be a blow, on the right cheek—I staggered into the dormitory door—I did not see who struck the blow, but as I staggered from the passage I saw Gorman pass me; he was next to me—I did not see any of the other prisoners at that time, for the officers led me to a chair—I do not consider that either of the other prisoners could have struck me—the passage where I was stabbed is about three feet wide—the men were walking in single file—the surgeon of the prison, Mr. Savory, attended me—I am not still under his care—I was under treatment for it fourteen or sixteen days—I had only been a warder in that ward for two days up to that time—I do not think I had had anything to do with the prisoner before; I do not think I had been in this ward before, since he had been in the prison.</p>
<hi rend="italic">Prisoner. Q.</hi> When I was coming from chapel, along the passage, did you notice me next to you?
<hi rend="italic">A.</hi> On coming up the stairs I did—I noticed you were third in coming out of chapel—I was stabbed at the dormitory door, and I saw you pass by me.</p>
<hi rend="italic">Prisoner.</hi> I might have passed by you to get out of the way; I saw you stagger, and I ran down the stairs to get out of the way, and Mr. Fletcher came down after me, did he not?
<hi rend="italic">Witness</hi>, I believe he did—I saw nothing after that.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-134" type="witnessName">
<interp inst="t18570914-name-134" type="gender" value="male"/>
<interp inst="t18570914-name-134" type="surname" value="SAVORY"/>
<interp inst="t18570914-name-134" type="given" value="JOSEPH EGERTON"/>JOSEPH EGERTON SAVORY</persName> </hi>. I am resident surgeon at Millbank. On the morning of 21st Aug. I was called on to attend to Bevington, in the dor
<lb/>mitory—I found that he had a wound on the cheek, it was bleeding very freely indeed—I probed it, it had passed a distance of three inches obliquely through the cheek, entering between the right cheek bone, and going between the gum and the upper lip—it was a dangerous wound—two branches of the temporal artery had been severed—for a week or ten days he was in a decidedly precarious state—the wound has now healed—this knife would inflict such a wound, it has a sharpish point, but net a very sharp blade; it would require great force to penetrate the distance it did with an instrument of that description—it is a dangerous part.</p>
<hi rend="smallCaps">
<rs id="t18570914-938-verdict-1" type="verdictDescription">
<interp inst="t18570914-938-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570914-938-verdict-1" type="verdictSubcategory" value="lesserOffence"/>GUILTY
<hi rend="italic">on Second Count.</hi> </rs> </hi>. —(
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">stated, that the prisoner had been three times convicted of burglary, and had also been convicted of wounding the warder and surgeon of the prisons in which he was confined.</hi>)</p>
<hi rend="italic">
<rs id="t18570914-938-punishment-14" type="punishmentDescription">
<interp inst="t18570914-938-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18570914-938-punishment-14" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-938-18570914 t18570914-938-punishment-14"/>Penal Servitude for Life</rs>.</hi> </p> </div1>
<xptr type="pageFacsimile" doc="185709140048"/>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday, September</hi> 16
<hi rend="italic">th</hi>, 1857.</p>
<hi rend="largeCaps">PRESENT</hi>—Mr. Ald.
<hi rend="smallCaps">FAREBROTHRR</hi>.; Mr. Ald.
<hi rend="smallCaps">FARNCOMB</hi>.; Mr.
<hi rend="smallCaps">RECORDER</hi>.; and Mr. Ald.
<hi rend="smallCaps">WIRE</hi>.</p>
<hi rend="italic">Before Mr. Recorder and the Fourth Jury.</hi> </p>
<div1 type="trialAccount" id="t18570914-939">
<interp inst="t18570914-939" type="uri" value="sessionsPapers/18570914"/>
<interp inst="t18570914-939" type="date" value="18570914"/>
<join result="criminalCharge" id="t18570914-939-charge-1" targOrder="Y" targets="def1-939-18570914 t18570914-939-offence-1 t18570914-939-verdict-1"/>
<persName id="def1-939-18570914" type="defendantName">
<interp inst="def1-939-18570914" type="gender" value="male"/>
<interp inst="def1-939-18570914" type="age" value="24"/>
<interp inst="def1-939-18570914" type="surname" value="RICHARDS"/>
<interp inst="def1-939-18570914" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN RICHARDS</hi> (24)</persName>
<rs id="t18570914-939-offence-1" type="offenceDescription">
<interp inst="t18570914-939-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570914-939-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 3 5
<hi rend="italic">l</hi>. Bank of England notes; the property of
<persName id="t18570914-name-136" type="victimName">
<interp inst="t18570914-name-136" type="gender" value="male"/>
<interp inst="t18570914-name-136" type="surname" value="TAYLOR"/>
<interp inst="t18570914-name-136" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18570914-939-offence-1 t18570914-name-136"/>Thomas Taylor</persName>. 2nd
<hi rend="smallCaps">COUNT</hi>., feloniously receiving the same.</rs> </p>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18570914-name-137" type="witnessName">
<interp inst="t18570914-name-137" type="gender" value="male"/>
<interp inst="t18570914-name-137" type="surname" value="TAYLOR"/>
<interp inst="t18570914-name-137" type="given" value="THOMAS"/>THOMAS TAYLOR</persName> </hi>. I reside at Bolton, and am a cotton spinner. On 11th Aug. I was at Manchester; I received 1, 010
<hi rend="italic">l</hi>. in bank notes, six 5
<hi rend="italic">l</hi>. notes at the bank of Jones Loyd and Co.; and at the branch Bank of England, fifty-six 5
<hi rend="italic">l</hi>. notes, and seven 100
<hi rend="italic">l</hi>. notes of the Bank of England; I put them in my pocket book, which contained my address cards—I missed my pocket book, I should think, in five minutes—I received the notes after 2 o'clock—I was brought up to London in a week or ten days after, and I saw the prisoner—when I was at the branch bank at Manchester, I saw two men there; they saw me put my book in my pocket, and I have a strong impression that the prisoner was one of them, but I could not swear it—when I had got the notes I went to the Victoria Railway Station; I thrust the book to the bottom of my pocket, but I called at the Arcade to get a newspaper, and my impression is that I lost the book there—I do not think I dropped it.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> You say you have an impression that the prisoner is one of the men you saw there; you had not always that impression?
<hi rend="italic">A.</hi> I was impressed strongly that he was the man—when he was in the Court I looked at him sideways, and I was not so strongly im
<lb/>pressed with his being the man—I thought he was not, from the way I saw him—but he was told to put his hat on, and then my impression strength
<lb/>ened that he was the man—my impression now is about the same as it was—I will not swear to him.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-138" type="witnessName">
<interp inst="t18570914-name-138" type="gender" value="male"/>
<interp inst="t18570914-name-138" type="surname" value="GOLDSMITH"/>
<interp inst="t18570914-name-138" type="given" value="GEORGE"/>GEORGE GOLDSMITH</persName> </hi>. I am one of the tellers in the branch Bank of England, at Manchester. On 11th Aug. I paid the last witness a cheque, drawn by the Bank of Scotland, for 984
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>.; he had seven 100
<hi rend="italic">l</hi>. notes, fifty-six 5
<hi rend="italic">l</hi>. notes, and 4
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>. in cash—these three 5
<hi rend="italic">l</hi>. notes (
<hi rend="italic">produced</hi>) are three of the notes I gave him; Nos. 05655, 05657, and 05659; they are dated 15th Jan. 1857—I made the entry of the notes in this book at the time I paid them.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-139" type="witnessName">
<interp inst="t18570914-name-139" type="gender" value="male"/>
<interp inst="t18570914-name-139" type="surname" value="BAILEY"/>
<interp inst="t18570914-name-139" type="given" value="RICHARD ADYE"/>RICHARD ADYE BAILEY</persName> </hi>. I produce two 5
<hi rend="italic">l</hi>. notes from the Bank of England, No. 05657, paid on 14th Aug., by Martins, the bankers, and No. 05659, paid by Hankeys, the bankers.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-140" type="witnessName">
<interp inst="t18570914-name-140" type="gender" value="male"/>
<interp inst="t18570914-name-140" type="surname" value="RUSSELL"/>
<interp inst="t18570914-name-140" type="given" value="GEORGE"/>GEORGE RUSSELL</persName> </hi>. I am a detective officer, of London. On 13th Aug., I was at the Bank of England on duty—I saw the prisoner there between 12 and 1 o'clock—I had this 5
<hi rend="italic">l</hi>. note in my hand, No. 05655, which I had received from the cashier—I said to the prisoner, "I am going to ask you some serious questions; I am a detective officer, and you are not compelled to answer any questions without you please"—I told him the note I had was part of a robbery committed at Manchester—he said, "Did I do it?" I said, "You can answer that question best yourself"—I asked him what his name was, he said, "John Richards," and that he lived at No. 2, Edith Street, Hackney Road—I asked him how long he had lived there—he said about a month—I asked him where he had lived before that—he said</p>
<xptr type="pageFacsimile" doc="185709140049"/>
<p>at No. 22, Waterloo Road—I asked him how long he had lived there—he said seven days—I asked him where he had lived before that—he said at Portsmouth, but he could not remember where, and he had lived there about a month—I asked if he was married, and where his wife was—he said she was at Portsmouth, but he did not know where—I asked him how he became pos
<lb/>sessed of this note—he said he got it just outside—he said he was a general dealer, he meant by that a licensed hawker—he said, "I was coming down Cornhill yesterday, with some cloth, and I met a man whom I knew some
<lb/>thing of, and asked him to buy the cloth; it was eleven yards of black doeskin, and I sold it him for 3
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.; I got the note of him;" that the man took the doeskin of him, and they went to a public in Bishopsgate Street, and were served by a woman whom he should know again, and he could show me the house—I asked him where he got the cloth from—he said he had it from a person named Lyons, at Whitechapel—I told him the account he gave was so unsatisfactory that it was my duty to take him into custody—I took him into custody, and another officer went with him to a public house in Bishops
<lb/>gate Street, that he pointed out—he went into the house and pointed out a woman as the woman that served him the day before—I asked the woman in his presence if she remembered his being there the day before—she said she did not—the prisoner heard that—I asked her if she remembered his being in the house with a man and any cloth; she said she was quite sure no person came there with cloth yesterday at all—I took the prisoner to the station, and found on him 3
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>.—in answer to a question by the inspec
<lb/>tor, he said he had the note from a man named Riley—I told him that was not the name he mentioned to me at the Bank of England, he had men
<lb/>tioned a man named Barry—he said, "Oh, Barry and Riley, it is all one."</p>
<hi rend="italic">Cross-examined. Q.</hi> What time was it you had this conversation?
<hi rend="italic">A.</hi> Between 12 and 1 o'clock—I told him in the first instance that I was a detective officer—if he had answered my questions satisfactorily I should not have made him a prisoner—some of the clerks were present at the con
<lb/>versation at the Bank—I did not take a note of this conversation; I give it from memory—it is more than a month ago—another officer came in after
<lb/>wards, and took the prisoner into custody—I know I have had three prisoners since—I did not put as many questions to them as I did to this prisoner—I have to put questions to a great many people—I recollect some of the conversations.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-141" type="witnessName">
<interp inst="t18570914-name-141" type="gender" value="male"/>
<interp inst="t18570914-name-141" type="surname" value="BRETT"/>
<interp inst="t18570914-name-141" type="given" value="JAMES"/>JAMES BRETT</persName> </hi>. I am a detective officer. I was at the Bank of England—I have been to No. 22, Old Street Road—it is an unoccupied house—I have also been to No. 24, Hackney Road.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-142" type="witnessName">
<interp inst="t18570914-name-142" type="gender" value="male"/>
<interp inst="t18570914-name-142" type="surname" value="ELDRED"/>
<interp inst="t18570914-name-142" type="given" value="JOSEPH"/>JOSEPH ELDRED</persName> </hi>. I keep a coffee house at No. 223, Shoreditch. On 12th or 13th Aug. the prisoner came to my house for some refreshment—it came, to 9
<hi rend="italic">d</hi>. or 10
<hi rend="italic">d</hi>.—he offered me this 5
<hi rend="italic">l</hi>. note (
<hi rend="italic">looking at it</hi>)—I asked him to put his name on it, and he wrote this, "John Bland, 22, Old Street Road"—I said, "Are you a tradesman there?"—he said, "Yes, in a little way of business"—I put the note with others, and paid it in to Martin's bank.</p>
<hi rend="italic">Cross-examined. Q.</hi> You had never seen him before?
<hi rend="italic">A.</hi> I fancied I had—I still believe I have; I do not know where—he might have come into my house—I suppose he was in my house a quarter of an hour—I served him myself, and took the money, and gave him the change—I afterwards saw him in custody at the Mansion House—the constable traced the note back to me, and told me he had the man in custody—I went, and saw the prisoner in the dock alone—the officer told me he was apprehended in the Bank passing another note.</p>
<xptr type="pageFacsimile" doc="185709140050"/>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Have you any doubt that the prisoner is the man who paid you the note?
<hi rend="italic">A.</hi> No; I have never had any doubt.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-143" type="witnessName">
<interp inst="t18570914-name-143" type="gender" value="male"/>
<interp inst="t18570914-name-143" type="surname" value="LYONS"/>
<interp inst="t18570914-name-143" type="given" value="ABRAHAM"/>ABRAHAM LYONS</persName> </hi>. I am a tailor, of No. 158, Shoreditch. I have known the prisoner on and off as a customer for twelve months—I am not a dealer in cloth—on 12th Aug. he came to my shop, in the middle of the day, and asked me if I would give him change for a 5
<hi rend="italic">l</hi>. note; as he was a stranger in that neighbourhood he found it difficult to get it—I gave him change—this is the note, No. 05659—I knew his name—I asked him his address—he said, "24, Hackney Road"—there was another man with him—I paid the note with other money into Davis's—the prisoner had been at my house several times.</p>
<hi rend="smallCaps">
<rs id="t18570914-939-verdict-1" type="verdictDescription">
<interp inst="t18570914-939-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570914-939-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">on 2nd Count.</hi> </p>
<hi rend="italic">He was further charged with having been before convicted.</hi>)</p>
<hi rend="smallCaps">
<persName id="t18570914-name-144" type="witnessName">
<interp inst="t18570914-name-144" type="gender" value="male"/>
<interp inst="t18570914-name-144" type="surname" value="VALE"/>
<interp inst="t18570914-name-144" type="given" value="JOHN"/>JOHN VALE</persName> </hi>. (
<hi rend="italic">City policeman</hi>, 341). I produce a certificate—(
<hi rend="italic">Read: "Central Criminal Court; Andrew Bland, Convicted Oct.</hi>, 1856,
<hi rend="italic">of stealing four rings</hi>, 10
<hi rend="italic">l</hi>.;
<hi rend="italic">Confined Nine Months"</hi>)—I was present—the prisoner is the man.</p>
<hi rend="smallCaps">GUILTY</hi>.—
<hi rend="italic">
<rs id="t18570914-939-punishment-15" type="punishmentDescription">
<interp inst="t18570914-939-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18570914-939-punishment-15" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-939-18570914 t18570914-939-punishment-15"/>Four Tears Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18570914-940">
<interp inst="t18570914-940" type="uri" value="sessionsPapers/18570914"/>
<interp inst="t18570914-940" type="date" value="18570914"/>
<join result="criminalCharge" id="t18570914-940-charge-1" targOrder="Y" targets="def1-940-18570914 t18570914-940-offence-1 t18570914-940-verdict-1"/>
<persName id="def1-940-18570914" type="defendantName">
<interp inst="def1-940-18570914" type="gender" value="male"/>
<interp inst="def1-940-18570914" type="age" value="35"/>
<interp inst="def1-940-18570914" type="surname" value="LANGLEY"/>
<interp inst="def1-940-18570914" type="given" value="THOMAS CHARLES HENRY"/>
<hi rend="largeCaps">THOMAS CHARLES HENRY LANGLEY</hi> (35)</persName>
<rs id="t18570914-940-offence-1" type="offenceDescription">
<interp inst="t18570914-940-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570914-940-offence-1" type="offenceSubcategory" value="embezzlement"/>, embezzling 26
<hi rend="italic">l</hi>. 17
<hi rend="italic">s</hi>., 5
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>., and 5
<hi rend="italic">l</hi>. 19
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>.;
<hi rend="italic">also</hi>, 35
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>., 40
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., and 5
<hi rend="italic">l</hi>. 0
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>.;
<hi rend="italic">also</hi>, 20
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., 18
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>., and 9
<hi rend="italic">l</hi>. 0
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.;
<hi rend="italic">also</hi>, 10
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>., and 2
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.; the moneys of
<persName id="t18570914-name-146" type="victimName">
<interp inst="t18570914-name-146" type="gender" value="male"/>
<interp inst="t18570914-name-146" type="surname" value="HOME"/>
<interp inst="t18570914-name-146" type="given" value="BENJAMIN WORTLEY"/>
<join result="offenceVictim" targOrder="Y" targets="t18570914-940-offence-1 t18570914-name-146"/>Benjamin Wortley Home</persName>. and others, his masters: to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18570914-940-verdict-1" type="verdictDescription">
<interp inst="t18570914-940-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570914-940-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18570914-940-punishment-16" type="punishmentDescription">
<interp inst="t18570914-940-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18570914-940-punishment-16" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-940-18570914 t18570914-940-punishment-16"/>Four Years Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18570914-941">
<interp inst="t18570914-941" type="uri" value="sessionsPapers/18570914"/>
<interp inst="t18570914-941" type="date" value="18570914"/>
<join result="criminalCharge" id="t18570914-941-charge-1" targOrder="Y" targets="def1-941-18570914 t18570914-941-offence-1 t18570914-941-verdict-1"/>
<persName id="def1-941-18570914" type="defendantName">
<interp inst="def1-941-18570914" type="gender" value="male"/>
<interp inst="def1-941-18570914" type="age" value="33"/>
<interp inst="def1-941-18570914" type="surname" value="MICKLEBURG"/>
<interp inst="def1-941-18570914" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES MICKLEBURG</hi> (33)</persName>
<rs id="t18570914-941-offence-1" type="offenceDescription">
<interp inst="t18570914-941-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18570914-941-offence-1" type="offenceSubcategory" value="forgery"/>, Forging and tittering an order for 41
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>., with intent to defraud.</rs> </p>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18570914-name-148" type="witnessName">
<interp inst="t18570914-name-148" type="gender" value="male"/>
<interp inst="t18570914-name-148" type="surname" value="BROOKS"/>
<interp inst="t18570914-name-148" type="given" value="JAMES"/>JAMES BROOKS</persName> </hi>. I have one partner; we are auctioneers, in Piccadilly. On 29th July I conducted a sale of some bankrupt's property, at No. 180, Whitecross Street—the prisoner appeared there, and bid for some lots—the first lot he bought was some barley—I asked for his name in the usual way, and he handed up a printed card, which was destroyed—I have made search for it, but have not been able to find it—what was on it was, "Wilcox, meat salesman, Newgate Market"—I did not ask for any deposit—the prisoner bought various lots, amounting to 41
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>.—one lot was a phaeton, 10
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., and some second hand harness—he also bought barley and oats—he came the next day for his account, and I handed it to him—he said would go and get the money—he went, and came back, and handed my clerk this cheque for 41
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COOPER</hi>.
<hi rend="italic">Q.</hi> "Would you have been satisfied with any card he had handed up?
<hi rend="italic">A.</hi> Yes, if I thought he was a respectable man—I never knew such a thing at a sale as for a person not to give his own name—no one sells besides myself—I had never seen the prisoner before that time—I did not see him again after he came with the cheque till I took him into custody—he gave me a false address—I found him on 4th Aug. at the bottom of Lea Bridge Road—there was not a person named May taken up for this to my knowledge—I wish I could catch him—the prisoner did not say that he got this cheque from May—I believe there in such a person—I have been searching for him.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-149" type="witnessName">
<interp inst="t18570914-name-149" type="gender" value="male"/>
<interp inst="t18570914-name-149" type="surname" value="WOOD"/>
<interp inst="t18570914-name-149" type="given" value="ALFRED"/>ALFRED WOOD</persName> </hi>. I am clerk to the last witness. I saw the prisoner go through his account with Mr. Brooks—he afterwards came and brought me this cheque for 41
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>.—I gave it to my employer, and he paid it into the banker's—it was returned unpaid to my employer—there was nobody with the prisoner, to my knowledge.</p>
<hi rend="italic">Cross-examined. Q.</hi> Can you not tell whether there was another person</p>
<xptr type="pageFacsimile" doc="185709140051"/>
<p>or not?
<hi rend="italic">A.</hi> No—the prisoner was with me but a very few minutes—he did not mention the name of May to me; he did at the Court.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-150" type="witnessName">
<interp inst="t18570914-name-150" type="gender" value="male"/>
<interp inst="t18570914-name-150" type="surname" value="HAYNES"/>
<interp inst="t18570914-name-150" type="given" value="WILLIAM"/>WILLIAM HAYNES</persName> </hi>. I am cashier at the Unity Bank. This cheque was handed to me for payment, and was returned unpaid—no person of this name keeps an account there.</p>
<hi rend="italic">Cross-examined. Q.</hi> Do you know what cheque book this was taken from?
<hi rend="italic">A.</hi> Yes, a cheque book which was given to Joseph May; he at one time cashed at our bank—he was recommended by another customer, and represented as a potato salesman—this cheque book was given to May—I should say this cheque is not May's writing.</p>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Have you any other cheque here of May's?
<hi rend="italic">A.</hi> Yes, I have a cheque of May's—he kept an account with us from January to June this year; I cannot say to what amount.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-151" type="witnessName">
<interp inst="t18570914-name-151" type="gender" value="male"/>
<interp inst="t18570914-name-151" type="surname" value="WILCOX"/>
<interp inst="t18570914-name-151" type="given" value="CHARLES WILLIAM"/>CHARLES WILLIAM WILCOX</persName> </hi>. I am a meat salesman, in Newgate Market In the middle of July I was in Coppice Row, Clerkenwell; there was a drove of beasts passing, and the prisoner and another man made some observation about the beasts—the prisoner was a stranger to me, but they were talking about the beasts—I said they would not make much at Newgate Market—the prisoner said, "Are you a meat salesman?"—I said; "Yes"—he said, "I come to Newgate Market from Bury St. Edmud's; give me your card"—I gave him some of my cards, and I put down his name, which he gave me, on the back of this card, "Mickleburg"—this cheque for 41
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. is not my signature—I never gave the prisoner authority to sign my name.</p>
<hi rend="italic">Cross-examined. Q.</hi> This is not your name, is it?
<hi rend="italic">A.</hi> No—the name on the card is, "F. Wilcox," for Francis Wilcox; I carry on business in my father's name—there is no other salesman of Newgate Market of this name.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-152" type="witnessName">
<interp inst="t18570914-name-152" type="gender" value="male"/>
<interp inst="t18570914-name-152" type="surname" value="GIGG"/>
<interp inst="t18570914-name-152" type="given" value="WILLIAM CUABLES"/>WILLIAM CUABLES GIGG</persName> </hi>. I am a labourer. I was at the saw mills sale, in Whitecross Street, on 29th July—I saw the prisoner there, and heard him bid for a lot—the auctioneer asked his name, and he gave in a card with the name of Wilcox, and he gave the name of Wilcox when he bought other lots—I asked him for a job, and he told me to meet him the next morning; I did so, and the first thing I had to take was some harness and a light cart—I took it to Old Street, and the prisoner and another man took it from me there—he told us to be there the next morning—he gave me and another young man a shilling apiece; he said, we had not done much that day, but we should have plenty to do the next day—we went there the next day, but he did not make his appearance—he bought some barley and some linseed at the sale—he said he was a small farmer, and the barley would do for his fowls, and keep them a long while, and the linseed for his cows—I have seen the phaeton since—I can swear to it by two marks on it.</p>
<hi rend="italic">Cross-examined. Q.</hi> Did he constantly give the name of Wilcox?
<hi rend="italic">A.</hi> Yes; when he bought other lots, he called out the name of Wilcox.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-153" type="witnessName">
<interp inst="t18570914-name-153" type="gender" value="male"/>
<interp inst="t18570914-name-153" type="surname" value="SHOESMITH"/>
<interp inst="t18570914-name-153" type="given" value="MATTHEW"/>MATTHEW SHOESMITH</persName> </hi>. (
<hi rend="italic">Police sergeant, N</hi> 37). I apprehended the pri
<lb/>soner in Lea Bridge Road, on 4th Aug.—I said to him, "Your name is Wilcox, is it not?"—he made no reply—I then said, "You are charged with obtaining goods to the amount of 41
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. "—he made no reply—I told him it was from Mr. Brooks—I put him into a
<hi rend="italic">cab</hi>, and on the way he said, "What claim have you on me?" and he said, "If you will go with me, I will give you, or get you, part of the money"—I found on him 3
<hi rend="italic">l</hi>. 19
<hi rend="italic">s</hi>. 6. and a watch.</p>
<xptr type="pageFacsimile" doc="185709140052"/>
<hi rend="smallCaps">
<persName id="t18570914-name-154" type="witnessName">
<interp inst="t18570914-name-154" type="gender" value="male"/>
<interp inst="t18570914-name-154" type="surname" value="DEACON"/>
<interp inst="t18570914-name-154" type="given" value="SAMUEL"/>SAMUEL DEACON</persName> </hi>. I keep a timber yard, in Kingsland Road. On 4th Aug. the prisoner came to me, and offered a phaeton for sale—he came with a customer of mine—I paid him 4
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. for the phaeton; he gave me this receipt for the money—I have since shown that phaeton.</p>
<hi rend="italic">Cross-examined. Q.</hi> This is, "Mr. Mickleburg, his mark"?
<hi rend="italic">A.</hi> Yes, he did not write on that occasion, he made his mark—I did not know him before, nor where to find him.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-155" type="witnessName">
<interp inst="t18570914-name-155" type="gender" value="male"/>
<interp inst="t18570914-name-155" type="surname" value="FRANCIS"/>
<interp inst="t18570914-name-155" type="given" value="HENRY"/>HENRY FRANCIS</persName> </hi>. (
<hi rend="italic">Police sergeant, N</hi> 36). I have known the prisoner twelve or fifteen months—he goes by the name of Mickleburg or Mackle
<lb/>burg, and at public houses he goes by the name of
<hi rend="italic">Long Charley.</hi> </p>
<hi rend="italic">Cross-examined. Q.</hi> Did you know where to go for him?
<hi rend="italic">A.</hi> Yes, and he knew me. (
<hi rend="italic">Cheque read</hi>: "30th July, 1857. Unity Bank. Pay Messrs. Brooks and Deane, 41
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. C. F. Wilcox."
<hi rend="italic">Receipt read</hi>: "4th Aug., 1857. Mr. Deacon. Bought of Mr. Mickleburg, four wheeled phaeton, 4
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. C. Mickleburg, x his mark.")</p>
<hi rend="italic">The prisoner received a good character.</hi>)</p>
<hi rend="smallCaps">
<rs id="t18570914-941-verdict-1" type="verdictDescription">
<interp inst="t18570914-941-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18570914-941-verdict-1" type="verdictSubcategory" value="lesserOffence"/>GUILTY</rs> </hi>.
<hi rend="italic">of uttering.—
<rs id="t18570914-941-punishment-17" type="punishmentDescription">
<interp inst="t18570914-941-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18570914-941-punishment-17" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-941-18570914 t18570914-941-punishment-17"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18570914-942">
<interp inst="t18570914-942" type="uri" value="sessionsPapers/18570914"/>
<interp inst="t18570914-942" type="date" value="18570914"/>
<join result="criminalCharge" id="t18570914-942-charge-1" targOrder="Y" targets="def1-942-18570914 t18570914-942-offence-1 t18570914-942-verdict-2"/>
<join result="criminalCharge" id="t18570914-942-charge-2" targOrder="Y" targets="def2-942-18570914 t18570914-942-offence-1 t18570914-942-verdict-1"/>
<persName id="def1-942-18570914" type="defendantName">
<interp inst="def1-942-18570914" type="gender" value="male"/>
<interp inst="def1-942-18570914" type="age" value="18"/>
<interp inst="def1-942-18570914" type="surname" value="M'CARTHY"/>
<interp inst="def1-942-18570914" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS M'CARTHY</hi> (18)</persName>, and
<persName id="def2-942-18570914" type="defendantName">
<interp inst="def2-942-18570914" type="gender" value="female"/>
<interp inst="def2-942-18570914" type="age" value="20"/>
<interp inst="def2-942-18570914" type="surname" value="JOHNSON"/>
<interp inst="def2-942-18570914" type="given" value="MARY ANN"/>
<hi rend="largeCaps">MARY ANN JOHNSON</hi> (20)</persName>
<rs id="t18570914-942-offence-1" type="offenceDescription">
<interp inst="t18570914-942-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570914-942-offence-1" type="offenceSubcategory" value="burglary"/>, Burglariously breaking and entering the dwelling house of
<persName id="t18570914-name-158" type="victimName">
<interp inst="t18570914-name-158" type="gender" value="male"/>
<interp inst="t18570914-name-158" type="surname" value="MATTHEWS"/>
<interp inst="t18570914-name-158" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18570914-942-offence-1 t18570914-name-158"/>William Matthews</persName>, and stealing 1 coat and other articles, value 1
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. his property.</rs> </p>
<hi rend="smallCaps">MR. LILLEY</hi>.
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18570914-name-159" type="witnessName">
<interp inst="t18570914-name-159" type="gender" value="male"/>
<interp inst="t18570914-name-159" type="surname" value="MATTHEWS"/>
<interp inst="t18570914-name-159" type="given" value="WILLIAM"/>WILLIAM MATTHEWS</persName> </hi>. I am a milkman, and live in Fore Street, Lime-house. On the night of 28th Aug. I went to bed about a quarter before 11 o'clock—I had made the house safe—about half past 2 o'clock I was disturbed by the rattling of the door, as if some one was trying to get in—I lay for a minute, and heard it again—I then went to the window, and asked who was there—I saw a young man stand back—I said, "Who is there?"—he said, "It is all right"—I said, "It is not all right, take yourself away"—he again said, "It is all right," and I thought he had got the door open—(that was not the prisoner)—I got my trowsers on, and came and found my street door open—the cellar flap had been forced open—I saw my timepiece, my boots, a pair of trowsers, and a table cloth lying loose at the door—I had left the trowsers at night in a drawer in the bed room, and the table cloth on the drawers in the room where I slept with my two boys—I went to look round the corner, and a constable came to me, and I spoke to him—I then missed from my house a suit of clothes and some money—I had before seen the prisoner in the neighbourhood more than once.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> You have not seen your clothes since?
<hi rend="italic">A.</hi> No—there was also a lot of new halfpence, and some was found on the prisoner—I lost from 4
<hi rend="italic">s</hi>. to 7
<hi rend="italic">s</hi>. in money.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-160" type="witnessName">
<interp inst="t18570914-name-160" type="gender" value="male"/>
<interp inst="t18570914-name-160" type="surname" value="MARTIN"/>
<interp inst="t18570914-name-160" type="given" value="GEORGE"/>GEORGE MARTIN</persName> </hi>. (
<hi rend="italic">Policeman</hi>, 441). At half past 2 o'clock that morn
<lb/>ing I saw Johnson against the cellar flap of the last witness's house—she walked towards me when she saw me coming, and I said to her, "Halloo! what do you do here?"—she said, "I am servant at the Cape of Good Hope public house, and I am locked out"—at that moment I heard a noise at the side of Mr. Matthews's house—it is a wooden house—I heard Mr. Matthews speak to some one outside, and the person who was outside said, "It is all right"—Mr. Matthews said, "It is not all right," and the prisoner immediately came out of Mr. Matthews's door, and he and the man who was outside, who is not in custody; both went away together—I went into Mr. Matthews's house, and saw the articles in the passage—Mr. Matthews shut the door—I said, "Don't shut the door"—I went and opened it, and</p>
<xptr type="pageFacsimile" doc="185709140053"/>
<p>I saw that Johnson had gone in the direction that the two men had gone—I went in a different direction, and I saw them again, about 300 yards off, at the back of the prosecutor's house—there were the two prisoners, and the man who ran away—when I got seven or eight yards from them I heard M'Carthy say, "I shall wish you good night," and he went down a court, went into a house, and I heard him fasten the door—I spoke to Johnson, and said, "Do you know that person who was with you?"—she said, "Yes, it is my brother"—I said, "How long have you been with him!"—she said, "Three hours"—I said, "Are you sure?"—she said, "Yes"—I said, "Have you left him for any time during that time?"—she said, "No"—I said, "You are servant at the Cape of Good Hope, are you not?"—she said, "Yes"—I said, "You won't go back there to-night, I shall take you into custody on suspicion of committing a robbery in Fore Street"—I took her, and sent her by another officer to the station—I got assistance, and went back to the house where I saw M'Carthy go in—I found the door fastened, but the door of the next house was open—I went in there, got over the wall, and got into the house where M'Carthy was—he was in the back room; he had his shoes off—I told him I wanted him for committing a robbery in Fore Street—he said, "I have been here since 1
<hi rend="italic">l</hi>. or half past 11 o'clock"—I left him in charge of another constable, and searched the house—I found in front of the prosecutor's house part of a box of lucifer matches—I did not search Johnson—I took hold of her pocket, and she took this money out, and said, "That is ail that I have"—the greater portion of these are old—there are five new coppers amongst them, very bright.</p>
<hi rend="italic">Cross-examined. Q.</hi> How much copper was there?
<hi rend="italic">A.</hi> Sixpence half-penny—I did not attempt to stop M'Carthy, nor to follow him when he came out—I do not know that I cross-examined Johnson; I asked her who she was, and the time she had been with this man—I had seen her alone just before—I put the question whether she had left the man during the three hours—I did not follow the two men coming from the house—I was waiting by the side of the house—knowing M'Carthy, I expected to see him and the other man return to Mr. Matthews's shop again—they did not return—I was looking for them when I found them 200 or 300 yards away—I do not know the other man, he escaped—Johnson gave up the money—I handed her to another officer, and went back to the house where M'Carthy was in about ten minutes afterwards—the prosecutor's is a corner house—I think I was not four yards from the prisoner when he came out from the door way—the place where I first saw Johnson was not on the side of the house where the door is, but where the cellar flap is—that street is the resort of sailors and others.</p>
<hi rend="smallCaps">MR. LILLEY</hi>.
<hi rend="italic">Q.</hi> Are you sure as to the person of M'Carthy?
<hi rend="italic">A.</hi> Yes—I knew him before—I went round to meet the prisoner, seeing which way they turned.</p>
<hi rend="smallCaps">
<persName id="t18570914-name-161" type="witnessName">
<interp inst="t18570914-name-161" type="gender" value="male"/>
<interp inst="t18570914-name-161" type="surname" value="HUCKSTEP"/>
<interp inst="t18570914-name-161" type="given" value="WILLIAM"/>WILLIAM HUCKSTEP</persName> </hi>. (
<hi rend="italic">Policeman, K</hi> 293). I was on duty—I went to the house, and took M'Carthy from, under the bed—a woman who was in the room said that he had run in a quarter of an hour before, and he had no business there, but he had asked her to allow him to stop there till the morning—she was in bed with her husband, and M'Carthy was under the bed with his shoes off—I was on duty at a quarter past 1 o'clock that morning, and I saw the two prisoners and two young men with them near the prosecutor's house—I turned my bull's eye on, and they walked away, and at a quarter before two o'clock I saw the two prisoners near the prosecutor's house—I know M'Carthy, I do not know Johnson.</p>
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<hi rend="italic">Cross-examined. Q.</hi> Is there a public house called the Cape of Good Hope?
<hi rend="italic">A.</hi> Yes, it is in the Commercial Road, I should say half a mile from there.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">to</hi>
<hi rend="smallCaps">WILLIAM MATTHEW</hi>.
<hi rend="italic">Q.</hi> What copper had you in your till?
<hi rend="italic">A.</hi> Five shillings' worth of old coppers, and 1
<hi rend="italic">s</hi>. or 2
<hi rend="italic">s</hi>. worth of new coppers, and 2
<hi rend="italic">s</hi>. or 3
<hi rend="italic">s</hi>. in silver.</p>
<hi rend="largeCaps">JOHNSON</hi>
<hi rend="smallCaps">
<rs id="t18570914-942-verdict-1" type="verdictDescription">
<interp inst="t18570914-942-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18570914-942-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<hi rend="largeCaps">M'CARTHY</hi>
<hi rend="italic">received a good character.</hi></p>
<hi rend="smallCaps">
<rs id="t18570914-942-verdict-2" type="verdictDescription">
<interp inst="t18570914-942-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18570914-942-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18570914-942-punishment-18" type="punishmentDescription">
<interp inst="t18570914-942-punishment-18" type="punishmentCategory" value="imprison"/>
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<join result="defendantPunishment" targOrder="Y" targets="def1-942-18570914 t18570914-942-punishment-18"/>Confined Three Months</rs>.</hi> </p> </div1>
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<hi rend="largeCaps">JAMES NUDD</hi> (21)</persName>
<rs id="t18570914-943-offence-1" type="offenceDescription">
<interp inst="t18570914-943-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18570914-943-offence-1" type="offenceSubcategory" value="burglary"/>, Burglariously breaking and entering the dwelling house of
<persName id="t18570914-name-163" type="victimName">
<interp inst="t18570914-name-163" type="gender" value="male"/>
<interp inst="t18570914-name-163" type="surname" value="DARCEY"/>
<interp inst="t18570914-name-163" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18570914-943-offence-1 t18570914-name-163"/>James Darcey</persName>, with intent to steal.</rs> </p>
<hi rend="smallCaps">
<persName id="t18570914-name-164" type="witnessName">
<interp inst="t18570914-name-164" type="gender" value="male"/>
<interp inst="t18570914-name-164" type="surname" value="DARCEY"/>
<interp inst="t18570914-name-164" type="given" value="JAMES"/>JAMES DARCEY</persName> </hi>. I am a stonemason, and live in Bethnal Green. On 24th Aug., when I went to bed, my window was not quite down; the shutters were closed, but not bolted, because it had been painted—I could not say whether there was room for anybody to get in—I was disturbed about half past 4 o'clock in the morning—I heard a noise in the front room; I got up, and saw a man going out and pulling the door to—I ran out, and saw the prisoner forty or fifty yards off—I hallooed, and he came back, and said he had taken nothing from me—I laid hold of him—he tried to get away, and said he had not taken anything, that he saw the door open, and went in for a necessary purpose—he asked me to let him go to his work, and he would give me what he had got, as he did not want to get into trouble—he then said he was hungry, and he had done it through hunger—I held him till a policeman came, and gave him in charge—I examined my house, but missed nothing—I expect he got in at the window, which might have been left wide enough for him to get in—I had left the door shut and hasped the previous night, and in the morning it was open—I gave an alarm, and he opened the door, and got out.</p>
<hi rend="italic">Prisoner's Defence.</hi> I saw the door open, and went in to go to the back yard; I went on some yards, and heard some one call after me; I turned, and said, "Do you mean me? what do you mean by calling 'Stop thief!' after me?" he then collared me; I used to work two doors from his house; he came and looked at me many times.</p>
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<interp inst="t18570914-943-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
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