<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<hi rend="largeCaps">CARDEN, MAYOR. FOURTH 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, February</hi> 1
<hi rend="italic">st</hi>, 1858.</p>
<hi rend="largeCaps">PRESENT</hi>—The Right Hon. the
<hi rend="largeCaps">LORD MAYOR</hi>; Sir
<hi rend="smallCaps">GEORGE CARROLL</hi>,</p>
<p>Knt., Ald.; Mr. Ald.
<hi rend="smallCaps">CHALLIS</hi>; and Mr. Ald.
<hi rend="smallCaps">HALE</hi>.</p>
<hi rend="italic">Before Mr. Recorder and the First Jury.</hi> </p>
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<persName id="def1-217-18580201" type="defendantName">
<interp inst="def1-217-18580201" type="gender" value="male"/>
<interp inst="def1-217-18580201" type="surname" value="SMITH"/>
<interp inst="def1-217-18580201" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN SMITH</hi> </persName> was indicted
<rs id="t18580201-217-offence-1" type="offenceDescription">
<interp inst="t18580201-217-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18580201-217-offence-1" type="offenceSubcategory" value="forgery"/> for unlawfully forging certain labels for
<persName id="t18580201-name-2" type="victimName">
<interp inst="t18580201-name-2" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18580201-217-offence-1 t18580201-name-2"/>Borwick's Baking Powder</persName> and
<persName id="t18580201-name-3" type="victimName">
<interp inst="t18580201-name-3" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18580201-217-offence-1 t18580201-name-3"/>Metropolitan Egg Powder</persName>; with intent to defraud.</rs> </p>
<hi rend="smallCaps">MESSRS. BODKIN</hi> and
<hi rend="smallCaps">POLAND</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18580201-name-4" type="witnessName">
<interp inst="t18580201-name-4" type="gender" value="male"/>
<interp inst="t18580201-name-4" type="surname" value="TILL"/>
<interp inst="t18580201-name-4" type="given" value="JOHN"/>JOHN TILL</persName> </hi>. I am a member of the firm of Stevens and Till, printers, of No. 22, Langley Place, Commercial Road East. The prisoner came to our premises on Friday, 30th Oct.—I saw him—he said he wanted 10,000 bills printed—he gave me this as a pattern (
<hi rend="italic">produced</hi>)—he said he wanted one printed as near as possible like that, as near as my type would allow me; it is in the same condition now, except being torn in getting it off the file—this is a bill for the baking powder—healso produced another label, similar to this (
<hi rend="italic">produced</hi>), for egg powder—thisis a part of it, the other is lost—I was also to print 10,000 of those in type as near as I could get it, but my type was not exactly the same as this; it was the same in words, but not in type, the words "egg powder" are a little larger—I do not think he said who he was on that occasion—he gave me his address as No. 10, Catherine Street, Stepney—after he left, I proceeded to print these labels—my apprentice, who is here, set up the type—the pri
<lb/>soner called again next day—I delivered him some of each kind of the labels, all I had printed—he did not on that occasion say who he was—aweek afterwards he brought me another label to print; they were ounce packets, larger packets—I have not got that label here—he wanted me to print 10,000 more of those—on that occasion he said, "Let me have some to-morrow," and speaking of finishing the order, he said, "My name is Ready-money George"—I had received directions on the first occasion to send them</p>
<xptr type="pageFacsimile" doc="185802010002"/>
<p>to No. 10, Catherine Street—I received this letter (
<hi rend="italic">produced</hi>)—it is signed "G. Borwick"—I received that from a lad—in consequence of that letter I sent my lad with some of the labels to that address—my lad brought them back and could not find it—I then found our Mr. Borwick's address at London Wall, and sent the package to him—I afterwards received them back and sent them to the prisoner—10,000 of each sort were delivered to him.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Did you ever go to Catherine Street yourself?
<hi rend="italic">A.</hi> Yes, I went once—I did not find the defendant there; I found his wife there—this letter was handed to me by some boy—I never had any conversation with the defendant about it.</p>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> Was the boy that brought that, the boy that had fetched the printed things before?
<hi rend="italic">A.</hi> No—I had not seen him before, nor have I seen him since—the prisoner paid me for the whole of these things.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did he himself pay you?
<hi rend="italic">A.</hi> He paid the lad who took them home—that was not Little.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-5" type="witnessName">
<interp inst="t18580201-name-5" type="gender" value="male"/>
<interp inst="t18580201-name-5" type="surname" value="LITTLE"/>
<interp inst="t18580201-name-5" type="given" value="THOMAS"/>THOMAS LITTLE</persName> </hi>. I am an apprentice to Mr. Till—I have seen the prisoner at my master's premises about three times—I remember the first time he came—I saw him give a paper to my master to print by—my master gave it to me to set up the type—I did so—on the occasions when the prisoner has come there, he came to take some labels away—he took some of the labels away that were printed from the patterns—he paid me two 5
<hi rend="italic">s</hi>. deposit before we began the job.</p>
<hi rend="italic">Cross-examined. Q.</hi> Did you hear him say to your master that it was a ready money job?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> What were the words he used?
<hi rend="italic">A.</hi> That he was Ready-money George.</p>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Did you hear the question that I put to you?
<hi rend="italic">A.</hi> Yes—thewords he made use of were that it was a ready money job.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> What were the words he used?
<hi rend="italic">A.</hi> He said he was Ready-money George—he said it was a ready money job, when the bills were done he would pay for them.</p>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Was not the word he made use of "job," a ready money job?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> Did he also say he was Ready-money George?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-6" type="witnessName">
<interp inst="t18580201-name-6" type="gender" value="male"/>
<interp inst="t18580201-name-6" type="surname" value="EMBLEM"/>
<interp inst="t18580201-name-6" type="given" value="HENRY"/>HENRY EMBLEM</persName> </hi>. I am a corn dealer in Bedford Place, Commercial Road East. I know the prisoner—I had known him in the employment of a gentleman name Styles—he called on me on 3d Nov. last, and asked if I was a buyer of baking powders—I said, "No, I am not; I have only recently bought some of Borwick's"—he said he had got some that he had taken in the way of trade that he could sell to me—I said, "Whose are they?"—he said they were Borwick's, and in order to convince me that they were Borwick's he unbuttoned his coat, from which he produced a patent baking powder, and a patent egg powder—I took it from him and read it, and it was printed similar to this; they were folded up—I looked at them, and felt satisfied that I was buying Borwick's genuine baking powders, upon which I gave him an order for five gross of baking powders, and four gross of the egg powders—this(
<hi rend="italic">produced</hi>) is the bill he gave me—they came to 2
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>.—I knew him before—I did not know his name was Smith, only by the receipt on the paper—these(
<hi rend="italic">produced</hi>) are part of the packets that he sold me, some of each sort—thisis an article well known in the trade; customers when they come in ask for no one's but Borwick's, and they will not take any other, they know it is of so genuine a description—those that I bought of the prisoner have been brought back to me by parties to whom I sold them.</p>
<xptr type="pageFacsimile" doc="185802010003"/>
<hi rend="italic">Cross-examined. Q.</hi> You have dealt in these Borwick's baking powders for some time, I suppose?
<hi rend="italic">A.</hi> I have; and the packets I have been in the habit of buying have had Mr. Borwick's name on them, similar to these—thereis no signature of Mr. Borwick's, it is "Borwick's Baking Powder" on those I have been in the habit of buying there has always been the name of Mr. Borwick at the top—I never took notice that his name was at the bottom—Inever noticed it to my knowledge—I have bought of Mr. Borwick, at his place at London Wall—I knew that he lived there, I did not derive that information from this wrapper—I never read this on the wrapper, "The public are requested to see that each wrapper is signed George Borwick, with
<lb/>out which none are genuine. Sold wholesale by George Borwick, Nos. 24 and 25, London Wall"—Mr. Borwick never called at my place—those I bought of the prisoner amounted to 2
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>.—he made out a bill and receipt; it is made out in the name of John Smith—I mean to say that I paid him 2
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. in money for that parcel of goods—I did not weigh any of the parcels—I had some of Borwick's powder in my shop at the time, I did not take one of those and weigh it against one of the others—I can distinctly swear that—I can swear that I paid him 2
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>., upon which he gave me the receipt—I did not give him 1
<hi rend="italic">l</hi>. 17
<hi rend="italic">s</hi>. and ask him to make out the receipt for 2
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>., nothing of the sort transpired—I cannot say what coin I paid him in, I know I gave him 2
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-7" type="witnessName">
<interp inst="t18580201-name-7" type="gender" value="male"/>
<interp inst="t18580201-name-7" type="surname" value="BRANDRAM"/>
<interp inst="t18580201-name-7" type="given" value="CHARLES"/>CHARLES BRANDRAM</persName> </hi>. I am an oilman, carrying on business at No. 99, Whitechapel Road. The prisoner called at my shop, the first time was about four months ago, he asked if I was a buyer of egg powder and baking powder—Iasked him what sort they were, whether they were the right sort, Bor
<lb/>wick's, I not being acquainted with Borwick's, and he seemed a stranger to me—he said he hardly knew—he said he was not acquainted with the package, and I was hardly so myself—he said if they were not the right sort, he would bring me some that were the right sort another time—I then bought some of him, I cannot say what the quantity was—they turned out not to be Bor
<lb/>wick's—Idid not return them to him, I kept them—he said he would change them some other time; he has never had them back—these (
<hi rend="italic">produced</hi>) are what I bought of him for Borwick's powders, and this is the bill—he came again on 15th Nov.; the first time was something like a month before that—when he came on 15th Nov., he said he had got a lot of the right sort now, Borwick's—I asked him if that was the rgiht sort—he said, "What are we to go by? there is Borwick's name on them"—the other ones were never changed, he promised to call for them some other time—Iafterwards saw him, and told him they were not the right sort; I had sold them to another party, and they were returned to me again as not being the right sort, the party had been to Mr. Borwick, and he had analyzed them—hesaid he would call for them, but he never did.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> When was it you told him they were not the right sort, and he promised to call for them?
<hi rend="italic">A.</hi> That was in the following week—he called again, and I had not seen the party that I was going to sell them to—it was a party who sells a good deal of baking powder—it was about a week of fortnight after the purchase that I told him they were not the right side—I did not tell him so the first time he called; it was when he came about a fortnight afterwards, and he then said he would call and change them, but he never did call—I have not got any of the egg powder here—I paid him 4
<hi rend="italic">s</hi>. a gross for the first lot, and 4
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>. for the other; they came to 1
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. altogether.</p>
<hi rend="italic">Cross-examined. Q.</hi> Had you ever dealt with Mr. Borwick, of London Wall?
<hi rend="italic">A.</hi> No, I never bought any egg powder of him—I believe I have</p>
<xptr type="pageFacsimile" doc="185802010004"/>
<p>paid for some that I took in of the party that was going to buy these of me—Ihad never been there, or anybody in my employment that I am aware of—Ibecame a purchaser in the same way as Smith bought these, through a traveller—I did not open one of the packets before I bought it; I was not judge enough to tell whether they were the right, so I did not open the packages—I never opened one of Mr. Borwick's—I had seen the prisoner before; I knew him as John Smith—he made out a bill and receipt for the money, "Bought of John Smith"—when he called, on the first occasion, I asked him if this was the right sort—he said he was not acquainted with the baking powders, to know whether they were the right sort or not—he said he believed they were very good powders, he believed they were the right sort, but if they were not, he would change them for me at any other time—Ido not know that there are a great many makers of baking powder in London; we have not had many call with them at our place.</p>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> Is Borwick's baking powder a well known article in the trade?
<hi rend="italic">A.</hi> Yes, it is—when I purchased it, the prisoner said to me, "What are we to go by but the name?" pointing to the name on the label.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-8" type="witnessName">
<interp inst="t18580201-name-8" type="gender" value="male"/>
<interp inst="t18580201-name-8" type="surname" value="STYLES"/>
<interp inst="t18580201-name-8" type="given" value="THOMAS"/>THOMAS STYLES</persName> </hi>. I am a corn dealer, in Upper Thames Street. The prisoner was formerly in my employment—he ceased to be so last Oct.—I have often seen him write—I believe this letter to be his writing—(
<hi rend="italic">Read:</hi>"10, Catherine Street. Messrs. Till and Stephens. Sirs,—You did not send the labels according to promise; please send by bearer some of the the large and some of the small baking powder labels. Yours respectfully, G. Borwick."</p>
<hi rend="italic">Cross-examined. Q.</hi> He had been in your employment a great many years, I believe?
<hi rend="italic">A.</hi> Yes, several, on and off; I believe eight or ten years—Ideal in baking powders—there are several manufacturere of it—there is a large trade done in it—I never heard of any being sold in bulk—Mr. Bor
<lb/>wick charges 9
<hi rend="italic">s</hi>. per gross to the trade generally.</p>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> Do you mean that the prisoner was continuously in your employment?
<hi rend="italic">A.</hi> No, I have lost sight of him for months at a time; at one time he was away for ten months, and I never saw him at all—he was only a commission traveller—this powder is exported in large quantities—Borwick'sis the one of greatest reputation—we charge 9
<hi rend="italic">s</hi>. a gross to little shopkeepers—Mr. Borwick charges us 9
<hi rend="italic">s</hi>. a gross, and takes off a discount of twenty per cent.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-9" type="witnessName">
<interp inst="t18580201-name-9" type="gender" value="male"/>
<interp inst="t18580201-name-9" type="surname" value="GRIFFITH"/>
<interp inst="t18580201-name-9" type="given" value="JAMES"/>JAMES GRIFFITH</persName> </hi> (
<hi rend="italic">Police inspector, K</hi>). On the morning of 22d Dec. I went to No. 10, Catherine Street, Stepney, and found the prisoner there, in the back kitchen—he was engaged in making up packets of baking powder, and some was drying before the fire in packages—I produce three dozen of the packages that I found there—I told him I took him into custody for obtaining money by false pretences—he said, "I never obtained money by false pretences in my life"—he also asked, "What is the false pretence, and who charges me?"—I said, "You have been selling a spurious article as Borwick's baking powder to Mr. Emblem, and he charges you"—he said, "I did not"—I afterwards went back to his house, and found a large quantity of labels of various sorts, relating to different articles, some thousands; some for Floyd's custard powder.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-10" type="witnessName">
<interp inst="t18580201-name-10" type="gender" value="male"/>
<interp inst="t18580201-name-10" type="surname" value="LITTLE"/>
<interp inst="t18580201-name-10" type="given" value="THOMAS"/>THOMAS LITTLE</persName> </hi>
<hi rend="italic">re-examined.</hi> The labels on the packet produced by the officer are part of what were printed by my master, set up by me—these others are all part of the same, the egg powder as well as the baking powder packages.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-11" type="witnessName">
<interp inst="t18580201-name-11" type="gender" value="male"/>
<interp inst="t18580201-name-11" type="surname" value="BORWICK"/>
<interp inst="t18580201-name-11" type="given" value="GEORGE"/>GEORGE BORWICK</persName> </hi>. I am a drysalter, of London Wall. I have been for</p>
<xptr type="pageFacsimile" doc="185802010005"/>
<p>several years employed in the preparation of this powder, which is called by my name—I sell it in large quantities, tons at a time—we print all the papers in which they are enclosed on our own premises—I have examined some of the powder which was sold by the prisoner to Mr. Emblem and Mr. Brandram—itis of very inferior quality to mine; in my opinion, it would not answer the purpose at all—there may be some of the ingredients of mine, but the composition itself is not what would answer the purpose.</p>
<hi rend="italic">Cross-examined. Q.</hi> I dare say you object to say what the component parts of your powders are?
<hi rend="italic">A.</hi> Of course I do—I cannot tell you what are the component parts of the powder sold by the prisoner, but I know it will not answer the purpose—I never sell it in bulk—all my labels have "George Borwick" upon them—the egg powder papers have no signature on them, merely the name—I do not know whether this piece is part of a genuine one; it is so small I cannot tell—I have no patent for it.</p>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> Did you give any authority to print these covers?
<hi rend="italic">A.</hi> No, I did not.</p>
<hi rend="smallCaps">MR. SLEIGH</hi>
<hi rend="italic">submitted that this was not a forgery at common law; there was no doubt that the making, or alteration of another man's instrument would be a forgery at common law, but the evidence in this case hardly supported that proposition; the mere uttering of the labels could be no prejudice to Mr. Bor
<lb/>wick; they were only the vehicles in which certain powder was enclosed and passed off to the public; there was no evidence that the labels were uttered as genuine papers, but only that the powder was alleged to be Mr. Borwick's; if this was to be held a forgery, the same might be held as to any compound, per
<lb/>fume, or article of manufacture which had become well known to the public, the name of which was almost synonymous with the article itself, as a "Brougham," or a "Wellington," or "Morison's Pills;" if there had been any patent for the article, it would be the subject matter of an injunction in Chancery, but it could hardly be held to be a subject for a criminal prosecution; as to the baking powder, there was a fatal variance between the original and that alleged to be a forgery; in the former, there were the words, "the public are requested to see that each packet is signed George Borwick, without which none are genuine;" in the latter those words were omitted; how, then, could that he said to be a forgery of Mr. Borwick's labels; to be a forgery it must bear such a resemblance as would impose upon persons of ordinary caution, which this was not calculated to do; as to the egg powder label, there was also a difference in type. The evidence amounted to no more than a making use of the name of Borwick to indicate the use of the powder, in the same way as the names of Brougham or Wellington would indicate the articles whose names they bore; in the case of Reg. v. Closs, the Court of Criminal Appeal had held that the writing upon a picture the name of "Linnell" was not a forgery, and that case was precisely similar to the present.</hi> </p>
<hi rend="smallCaps">MR. BODKIN</hi>
<hi rend="italic">contended that the case of Reg.</hi> v.
<hi rend="italic">Closs supported the dis
<lb/>tinction on which he relied; in that case it was stated that a forgery must be of a document or writing, and as neither pictures or boots could he said to be documents or writings, they were not the subjects of forgery at common law; the documents in question were sent out to the world not for the purpose of defrauding the party whose name was assumed, but the customer to whom they were sold; the cases of Reg.</hi> v.
<hi rend="italic">Tosbach, 1 Denison's Crown Cases, p. 492, and Rex.</hi> v.
<hi rend="italic">Sharman, Dearsley's Crown Cases, 285, went to show that documents which at first sight did not seem to be the subjects of forgery, had been held to be so; and as to the variance referred to, that objection was answered by Rex.</hi> v.
<hi rend="italic">Collicot, Russell, and Ryan, 212.</hi>
<hi rend="smallCaps">MR. POLAND</hi>,
<hi rend="italic">on the</hi> </p>
<xptr type="pageFacsimile" doc="185802010006"/>
<hi rend="italic">same side, called the attention of the Court to the definition of forgery in Russell on Crimes, p. 318, in East, in Comyn's Digest, and in Tomlin's Law Dictionary, upon which definitions the Court of Criminal Appeal had acted; and, from the cases quoted, he urged that the offence alleged was clearly a forgery.</hi> </p>
<hi rend="smallCaps">MR. SLEIGH</hi>,
<hi rend="italic">in reply, requested the Court to bear in mind that this was not an indictment under any statute, but simply a charge of forgery at common law, which, he contended, this case could not amount to; it was identical with Reg. v. Closs; there was no difference between the packet of powder and the picture; the name of "Borwick" on the powder was a mere arbitrary mark of the maker, in the same way as the name of Linnell on the picture, or as the name of Mordan on a pencil, or Manton on a gun.</hi> </p>
<hi rend="smallCaps">THE RECORDER</hi>
<hi rend="italic">was of opinion that this case was perfectly distinct from the case of Reg. v. Closs, because that proceeded, as had been stated, entirely upon the fact of a picture not being a document; this case seemed to come within the ordinary definition laid down in the text books, of forgery at common law, and although he was not aware of the same case having occurred previously, he would not stop the case here; but if it was wished, he should not object to reserve the point for the Court of Criminal Appeal. In leaving the case to the Jury, he stated that the question for them was, whether this was a document so framed as to be calculated to deceive persons of ordinary observation, and to make them believe that it was a genuine document, and whether the prisoner forged that paper, intending to defraud the different parties by so deceiving them.</hi> </p>
<hi rend="smallCaps">
<persName id="t18580201-name-12" type="witnessName">
<interp inst="t18580201-name-12" type="gender" value="male"/>
<interp inst="t18580201-name-12" type="surname" value="EMBLEM"/>
<interp inst="t18580201-name-12" type="given" value="HENRY"/>HENRY EMBLEM</persName> </hi>
<hi rend="italic">re-examined.</hi> I did not sell the whole of what was sold to me—as soon as I found that they were spurious, I sealed them up and put them away, to prevent their being sold, and there they are now—the name of Borwick on the packets was so concealed that it was impossible to see it unless you undid the packets.</p>
<hi rend="italic">The Jury found that the prisoner issued the printed papers with intent to defraud, and recommended him to mercy on the ground that they believed he was not aware he was criminally responsible by so doing. Upon this finding the Court directed a verdict of</hi>
<hi rend="smallCaps">
<rs id="t18580201-217-verdict-1" type="verdictDescription">
<interp inst="t18580201-217-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18580201-217-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY
<hi rend="italic">to be recorded.—Judgment reserved.</hi> </rs> </hi> </p> </div1>
<hi rend="italic">Second Jury.</hi> </p>
<div1 type="trialAccount" id="t18580201-218">
<interp inst="t18580201-218" type="uri" value="sessionsPapers/18580201"/>
<interp inst="t18580201-218" type="date" value="18580201"/>
<join result="criminalCharge" id="t18580201-218-charge-1" targOrder="Y" targets="def1-218-18580201 t18580201-218-offence-1 t18580201-218-verdict-2"/>
<join result="criminalCharge" id="t18580201-218-charge-2" targOrder="Y" targets="def2-218-18580201 t18580201-218-offence-1 t18580201-218-verdict-1"/>
<persName id="def1-218-18580201" type="defendantName">
<interp inst="def1-218-18580201" type="gender" value="male"/>
<interp inst="def1-218-18580201" type="age" value="22"/>
<interp inst="def1-218-18580201" type="surname" value="PLOUGHMAN"/>
<interp inst="def1-218-18580201" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS PLOUGHMAN</hi> (22)</persName>, and
<persName id="def2-218-18580201" type="defendantName">
<interp inst="def2-218-18580201" type="gender" value="male"/>
<interp inst="def2-218-18580201" type="surname" value="WILLCOX"/>
<interp inst="def2-218-18580201" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES WILLCOX</hi> </persName>(28),
<rs id="t18580201-218-offence-1" type="offenceDescription">
<interp inst="t18580201-218-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18580201-218-offence-1" type="offenceSubcategory" value="wounding"/>unlawfully inflicting on
<persName id="t18580201-name-15" type="victimName">
<interp inst="t18580201-name-15" type="gender" value="male"/>
<interp inst="t18580201-name-15" type="surname" value="SAUNDERS"/>
<interp inst="t18580201-name-15" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18580201-218-offence-1 t18580201-name-15"/>>John Saunders</persName> grievous bodily harm: to which</rs> </p>
<hi rend="largeCaps">WILLCOX</hi>
<hi rend="smallCaps">
<rs id="t18580201-218-verdict-1" type="verdictDescription">
<interp inst="t18580201-218-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18580201-218-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.* (
<hi rend="italic">See next case.</hi>)</p>
<hi rend="smallCaps">MESSRS. BODKIN</hi> and
<hi rend="smallCaps">M'INTYRE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18580201-name-16" type="witnessName">
<interp inst="t18580201-name-16" type="gender" value="male"/>
<interp inst="t18580201-name-16" type="surname" value="SAUNDERS"/>
<interp inst="t18580201-name-16" type="given" value="JOHN"/>JOHN SAUNDERS</persName> </hi>. I am master of the City of London Union Workhouse, at Bow, Middlesex. Ploughman was an inmate there up to the morning of 5th Jan.—he was an able bodied pauper—it is the rule that if we can get employment for able bodied paupers, they must leave—we had not obtained employment for him, but his mother and brother came to the house, and said that there was employment for him to go to, if he chose to go out and do it—hedid not refuse, but he did not go—I mentioned it to the Committee, and they made an order on 4th Jan. that he should leave, and he was discharged on the morning of the 5th—it is part of my duty to attend the meetings of the Board, at No. 51, St. Mary Axe, every Tuesday, and I went there on 5th Jan., in pursuance of my duty—I arrived there about a quarter past 2 o'clock—Idid not see either of the prisoners at that time—Willcox had discharged himself from the workhouse—I remained at the Board till about a quarter past 4 o'clock; and when I came out I went towards the van to get into it, to return to Bow, and the two prisoners who I had not seen previously, came from</p>
<xptr type="pageFacsimile" doc="185802010007"/>
<p>under the horse's head—Ploughman came up and struck me, and called out, "Here is the b—,
<hi rend="italic">Charley</hi>; give it him"—Willcox then assisted him in assaulting me; they struck me with their fists, and I was kicked by Will
<lb/>cox, I believe—I defended myself as well as I could, till I got to the middle of the road, and then they got me down on the ground, and I received an injury to my cheek, and two kicks—Ploughman appeared to be on his knees, and I saw his hand tearing at my face, scratching; he appeared to be endeavouring to scratch out my eyes—my walking stick was taken from me during the struggle—Mr. Croft attended me—the kicks affected my breathing at the time, and I feel it up to the present moment—they made my face bleed very much.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-17" type="witnessName">
<interp inst="t18580201-name-17" type="gender" value="male"/>
<interp inst="t18580201-name-17" type="surname" value="TAYLOR"/>
<interp inst="t18580201-name-17" type="given" value="WILLIAM"/>WILLIAM TAYLOR</persName> </hi>. I am a pauper inmate at the Union workhouse of Bow. I know Ploughman by being in the house—on the afternoon of 5th Jan., I came up from Bow to the Board room at St. Mary Axe, with the bread van, and remained there for the purpose of taking back Mr. Saunders in the bread van; he came towards the van, and when I looked round I saw the prisoners knocking him about—Mr. Saunders was standing up, but when I got out of the van he was on his back, and they were striking him with their fists; he was all over blood—I went to get assistance.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-18" type="witnessName">
<interp inst="t18580201-name-18" type="gender" value="male"/>
<interp inst="t18580201-name-18" type="surname" value="TOWHAY"/>
<interp inst="t18580201-name-18" type="given" value="PATRICK"/>PATRICK TOWHAY</persName> </hi>. I live in Fireball Court, Houndsditch. On 5th Jan. I was in St. Mary Axe, about half past 4 o'clock, and saw Ploughman hit Mr. Saunders on the eye—the two men gave him a black eye each, and I saw them both kick him once—I wrenched Mr. Saunders's walking stick out of Willcox's hand, they were going to strike him with it—I held Ploughman till a policeman came—I saw a good deal of blood on Mr. Saunders' face—I knew nothing of the parties before.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-19" type="witnessName">
<interp inst="t18580201-name-19" type="gender" value="male"/>
<interp inst="t18580201-name-19" type="surname" value="SEARLE"/>
<interp inst="t18580201-name-19" type="given" value="JOHN HURLEY"/>JOHN HURLEY SEARLE</persName> </hi>. I am an inmate of the Union workhouse, Bow. On the evening of 4th Jan. I heard the prisoners conversing together about Mr. Saunders; they said that they would give it to the b—, if he happened to be at the
<hi rend="italic">Axe</hi>—it was known to the inmates of the workhouse that Mr. Saunders would be there; it was the Board day, and it was a general thing for him to go.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-20" type="witnessName">
<interp inst="t18580201-name-20" type="gender" value="male"/>
<interp inst="t18580201-name-20" type="surname" value="CROFT"/>
<interp inst="t18580201-name-20" type="given" value="CHARLES ILDERTON"/>CHARLES ILDERTON CROFT</persName> </hi>. I am a surgeon. I was sent for to attend the prisoner—I found his face very much swollen and lacerated, and the eyelids closed—he was in a state of great nervous excitement, and from the pain in his side he had great difficulty in breathing—I examined his side, expecting to find one of the ribs broken, but that was not the case, he had injured his ribs a few days before, in falling from a ladder, and had a very strong pre
<lb/>ventive bandage round him, otherwise he would have suffered more—the blows were not more violent than could have been effected by a fist, but as to the ribs I do not know, because I did not like to take the bandage off—consideringthat he was protected by the bandage, the kick must have been a very violent one—the skin of his face was broken.</p>
<hi rend="italic">Ploughman in his defence stated nothing about the assault, but said that Mr. Saunders had pushed him, and called him a thief.</hi>)</p>
<hi rend="smallCaps">
<persName id="t18580201-name-21" type="witnessName">
<interp inst="t18580201-name-21" type="gender" value="male"/>
<interp inst="t18580201-name-21" type="surname" value="SAUNDERS"/>
<interp inst="t18580201-name-21" type="given" value="JOHN"/>JOHN SAUNDERS</persName> </hi>
<hi rend="italic">re-examined.</hi> I did not push him away, or call him any names—I never spoke to him.
<hi rend="smallCaps">
<rs id="t18580201-218-verdict-2" type="verdictDescription">
<interp inst="t18580201-218-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18580201-218-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18580201-218-punishment-1" type="punishmentDescription">
<interp inst="t18580201-218-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t18580201-218-punishment-1" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-218-18580201 t18580201-218-punishment-1"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18580201-219">
<interp inst="t18580201-219" type="uri" value="sessionsPapers/18580201"/>
<interp inst="t18580201-219" type="date" value="18580201"/>
<join result="criminalCharge" id="t18580201-219-charge-1" targOrder="Y" targets="def1-219-18580201 t18580201-219-offence-1 t18580201-219-verdict-1"/>
<persName id="def1-219-18580201" type="defendantName">
<interp inst="def1-219-18580201" type="gender" value="male"/>
<interp inst="def1-219-18580201" type="surname" value="WILLCOX"/>
<interp inst="def1-219-18580201" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES WILLCOX</hi> </persName> was again indicted
<rs id="t18580201-219-offence-1" type="offenceDescription">
<interp inst="t18580201-219-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18580201-219-offence-1" type="offenceSubcategory" value="assault"/>for assaulting
<persName id="t18580201-name-23" type="victimName">
<interp inst="t18580201-name-23" type="gender" value="male"/>
<interp inst="t18580201-name-23" type="surname" value="VERREY"/>
<interp inst="t18580201-name-23" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18580201-219-offence-1 t18580201-name-23"/>William Verrey</persName>: to which he
<hi rend="smallCaps">
<rs id="t18580201-219-verdict-1" type="verdictDescription">
<interp inst="t18580201-219-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18580201-219-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.*—</rs>
<hi rend="italic">
<rs id="t18580201-219-punishment-2" type="punishmentDescription">
<interp inst="t18580201-219-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18580201-219-punishment-2" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-219-18580201 t18580201-219-punishment-2"/>Confined Twelve Months</rs>, and then to
<rs id="t18580201-219-punishment-3" type="punishmentDescription">
<interp inst="t18580201-219-punishment-3" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18580201-219-punishment-3" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-219-18580201 t18580201-219-punishment-3"/>find sureties to keep the peace towards William Verrey for Twelve Months.</rs> </hi> </p> </div1>
<xptr type="pageFacsimile" doc="185802010008"/>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, February</hi> 1
<hi rend="italic">st</hi>, 1858.</p>
<hi rend="largeCaps">PRESENT</hi>—Mr. Ald.
<hi rend="smallCaps">WIRE</hi>; Mr. Ald.
<hi rend="smallCaps">GABRIEL</hi>; and Mr.
<hi rend="smallCaps">COMMON</hi> </p>
<hi rend="smallCaps">SERJEANT</hi>.</p>
<hi rend="italic">Before Mr. Common Serjeant and the Fifth Jury.</hi> </p>
<div1 type="trialAccount" id="t18580201-220">
<interp inst="t18580201-220" type="uri" value="sessionsPapers/18580201"/>
<interp inst="t18580201-220" type="date" value="18580201"/>
<join result="criminalCharge" id="t18580201-220-charge-1" targOrder="Y" targets="def1-220-18580201 t18580201-220-offence-1 t18580201-220-verdict-1"/>
<persName id="def1-220-18580201" type="defendantName">
<interp inst="def1-220-18580201" type="gender" value="male"/>
<interp inst="def1-220-18580201" type="age" value="45"/>
<interp inst="def1-220-18580201" type="surname" value="JOHNSON"/>
<interp inst="def1-220-18580201" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES JOHNSON</hi> (45)</persName>
<rs id="t18580201-220-offence-1" type="offenceDescription">
<interp inst="t18580201-220-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18580201-220-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 27lbs. weight of metal, value 18
<hi rend="italic">s</hi>.; the goods of
<persName id="t18580201-name-25" type="victimName">
<interp inst="t18580201-name-25" type="gender" value="male"/>
<interp inst="t18580201-name-25" type="surname" value="GUNNER"/>
<interp inst="t18580201-name-25" type="given" value="WILLIAM HOARE"/>
<join result="offenceVictim" targOrder="Y" targets="t18580201-220-offence-1 t18580201-name-25"/>William Hoare Gunner</persName>.—2d
<hi rend="smallCaps">COUNT</hi>, of the London Dock Company.</rs> </p>
<hi rend="smallCaps">MR. GIFFARD</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18580201-name-26" type="witnessName">
<interp inst="t18580201-name-26" type="gender" value="male"/>
<interp inst="t18580201-name-26" type="surname" value="TAYLOR"/>
<interp inst="t18580201-name-26" type="given" value="JAMES"/>JAMES TAYLOR</persName> </hi>. I am in the service of the London Dock Company, I am foreman of the 2d and 3d department. I was there on 24th Dec. during the discharge of the cargo of the ship
<hi rend="italic">Ranger</hi>—my attention was called to the prisoner by Hart—I went up to the prisoner and asked him what he wanted there—hesaid, "Nothing"—I said, "Be off out of the hold, if you don't want'any
<lb/>thing"—hewas then near the windlass—he was not employed in the ship—he then walked aft, and I saw him unbutton his trousers and throw out this piece of metal—I said, "Halloo!"—he said, "For God's sake, don't hurt me; it is holiday time, do let me go"—I said, "Oh no! I shall not do that"—he ran up the fore hatchway, and I after him, and caught him—I never lost sight of him.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-27" type="witnessName">
<interp inst="t18580201-name-27" type="gender" value="male"/>
<interp inst="t18580201-name-27" type="surname" value="HART"/>
<interp inst="t18580201-name-27" type="given" value="JOHN"/>JOHN HART</persName> </hi>. I am a labourer in the service of the East India Docks. I saw the prisoner on 24th Dec. on board the vessel—he was between decks and Taylor called my attention to him—I asked him whether that man had any business there—hewent up to him and asked him what he wanted, he said, "Nothing," and he told him to go off—he walked to the aft part; in coming back I heard some
<lb/>thing fall, and there was this piece of metal on the deck—the foreman said, "You have done a pretty thing, I shall lock you up"—he said, "For God's sake let me go," and I saw his trousers were undone—he went out of the ship and Taylor went after him, I followed them—he went through two or three warehouses, and I met him at the corner of No. 3 warehouse—I had lost sight of him—he ran round the back of the warehouses and Taylor after him.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-28" type="witnessName">
<interp inst="t18580201-name-28" type="gender" value="male"/>
<interp inst="t18580201-name-28" type="surname" value="SAYCE"/>
<interp inst="t18580201-name-28" type="given" value="JOHN"/>JOHN SAYCE</persName> </hi>. I am a constable of the London Docks. I knew the pri
<lb/>soner; he had no business in the Docks—I had known him before; he had on more occasions than one been in the Docks—the value of this metal is 18
<hi rend="italic">s</hi>.</p>
<hi rend="italic">Prisoner.</hi> Six or seven years ago, Mr. Sayce stopped me at the entrance; I said, "Mr.
<hi rend="italic">Cheesy</hi>, what have I done to prevent my going in?" I did not know what his name was, and he thought it was because there was some bitter feeling of the men against him; I have been working at the west quay for his employer.
<hi rend="italic">Witness.</hi> I never knew him to work; I sent him out of the Docks because I had received information about some silk handkerchiefs.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-29" type="witnessName">
<interp inst="t18580201-name-29" type="gender" value="male"/>
<interp inst="t18580201-name-29" type="surname" value="RAINS"/>
<interp inst="t18580201-name-29" type="given" value="GEORGE HENRY"/>GEORGE HENRY RAINS</persName> </hi> (
<hi rend="italic">Thames policeman</hi>, 53). I know the prisoner; I never knew him to work in the Docks.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-30" type="witnessName">
<interp inst="t18580201-name-30" type="gender" value="male"/>
<interp inst="t18580201-name-30" type="surname" value="BRAYCE"/>
<interp inst="t18580201-name-30" type="given" value="FREDERICK THOMAS"/>FREDERICK THOMAS BRAYCE</persName> </hi>. I am chief mate of the ship
<hi rend="italic">Ranger.</hi> This piece of metal was part of the cargo—the prisoner had no right to be there, nor to take the metal.</p>
<hi rend="italic">Prisoner's Defence.</hi> I was standing outside the Dock, and a man came and said, "If you go on board that ship
<hi rend="italic">Ranger</hi>, you very probably may get a job to clean the paint or something;" I went on board, and went below; the foreman said to me, "What do you want?" I said, "Nothing particular;" these petty foremen do not care who they injure; I said to him, "Don't</p>
<xptr type="pageFacsimile" doc="185802010009"/>
<p>stop me;" I walked by him, and went over the bows, and when I had been on board three or four minutes I went on shore, and they came to take me into custody; I could not secrete this metal, I could hardly carry it on my back, and there were men to search me.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">JOHN SAYCE</hi>.
<hi rend="italic">Q.</hi> Would the prisoner have been searched?
<hi rend="italic">A.</hi> No, he would not; they search the Dock labourers—no one else.</p>
<hi rend="smallCaps">
<rs id="t18580201-220-verdict-1" type="verdictDescription">
<interp inst="t18580201-220-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18580201-220-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18580201-220-punishment-4" type="punishmentDescription">
<interp inst="t18580201-220-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18580201-220-punishment-4" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-220-18580201 t18580201-220-punishment-4"/>Confined Four Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18580201-221">
<interp inst="t18580201-221" type="uri" value="sessionsPapers/18580201"/>
<interp inst="t18580201-221" type="date" value="18580201"/>
<join result="criminalCharge" id="t18580201-221-charge-1" targOrder="Y" targets="def1-221-18580201 t18580201-221-offence-1 t18580201-221-verdict-1"/>
<persName id="def1-221-18580201" type="defendantName">
<interp inst="def1-221-18580201" type="gender" value="male"/>
<interp inst="def1-221-18580201" type="age" value="17"/>
<interp inst="def1-221-18580201" type="surname" value="SHANDLEY"/>
<interp inst="def1-221-18580201" type="given" value="ROBERT WALTER"/>
<hi rend="largeCaps">ROBERT WALTER SHANDLEY</hi> (17)</persName>
<rs id="t18580201-221-offence-1" type="offenceDescription">
<interp inst="t18580201-221-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18580201-221-offence-1" type="offenceSubcategory" value="forgery"/>, Feloniously forging and uttering a request for the delivery of 4 chests, and 2 cases, with intent to defraud. </rs> </p>
<hi rend="smallCaps">MESSRS. BODKIN</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">PAYNE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18580201-name-32" type="witnessName">
<interp inst="t18580201-name-32" type="gender" value="male"/>
<interp inst="t18580201-name-32" type="surname" value="BRETT"/>
<interp inst="t18580201-name-32" type="given" value="JAMES"/>JAMES BRETT</persName> </hi>. I am a detective officer. On 5th Jan. I went to No. 16, Princes Square, St. George's in the East, with Mr. Sheffield—I found the prisoner there—I said to him, "My name is Brett, I am a police officer; I have come to see you respecting five cases that you obtained from the West India Docks on Christmas eve, by means of a forged order"—he said, "Shut the door, do not make a noise, I will tell you all about it; I am in a dreadful fix, if I had not been hard up I should not have done it: I have just left a respectable situation"—I said, "Are the boxes here?"—he said, "Yes," and he took from his trousers pocket which he was putting on, a key; he unlocked a large cupboard, pointed to three boxes, and said, "These are Captain Lloyd's, and there are the contents, pointing to different things which were in the cupboard and in the room; they were ladies' dresses, jewellery, a soda-water apparatus, and other things—I took the things up one by one, and he said of one, "That is mine," and of another thing he said, "That is Cap
<lb/>tain Lloyd's"—I came to a musical box, which was standing on the drawers, and said, "Is that Captain Lloyd's?"—he said, "No, that is mine"—he took another key from his pocket, unlocked the box, and took out eight dupli
<lb/>cates, which he handed to Mr. Sheffield; he said, "Four belong to property of my own, and these four," selecting them out, "belong to property belong
<lb/>ing to Captain Lloyd; I wish to retract what I have said with respect to the musical box; that is Captain Lloyd's also"—I then removed him to Arbour Square Station, searched him, and found on him four shillings, a purse, a ring, and in his shirt three studs—I took them from him, and he said, "These belong to Captain Lloyd"—I went back to his room afterwards, and found there two papers; one is a note from the wharfinger: "I deliver this day to your order, five packages; the order is for six, but I have received but five"—the other is a shipping bill, and on the back is an indorsement, "James Barber and Co., per ship
<hi rend="italic">Rangoon</hi>, four small chests of wearing apparel, Nos. 1 to 4, and two cases."</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> What time did you go to the room?
<hi rend="italic">A.</hi> The first time about 11 o'clock in the morning—there was no one else in the room—he jumped out of bed as I went in—he told me he occupied that room, and his brother told me so afterwards—his brother lives in the house, but not in that room—his brother is a clerk—this room was on the second floor, a front room—it is a sleeping room—I should judge the prisoner did not take his meals there—I did not take any note of the conversation I had with him—I did not give him any caution—I said, "I have come to see you respecting five cases that you obtained from the West India Docks by means of a forged order;" to the best of my belief they were the exact words—I said "cases."</p>
<hi rend="smallCaps">MR. PAYNE</hi>.
<hi rend="italic">Q.</hi> Have you given the answers correctly which he gave</p>
<xptr type="pageFacsimile" doc="185802010010"/>
<hi rend="italic">A.</hi> Yes, and I mentioned to him an order; my words were, "which you hare obtained on a forged order."</p>
<hi rend="smallCaps">
<persName id="t18580201-name-33" type="witnessName">
<interp inst="t18580201-name-33" type="gender" value="male"/>
<interp inst="t18580201-name-33" type="surname" value="PRIESTLY"/>
<interp inst="t18580201-name-33" type="given" value="THOMAS POTTER"/>THOMAS POTTER PRIESTLY</persName> </hi>. I am a carman. On 24th Dec., somebody came to me about some goods in the Dock—I cannot say who it was—I got the goods, I got five packages out of six—this is the paper which was given to me to get them.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-34" type="witnessName">
<interp inst="t18580201-name-34" type="gender" value="male"/>
<interp inst="t18580201-name-34" type="surname" value="WELHAM"/>
<interp inst="t18580201-name-34" type="given" value="ALFRED"/>ALFRED WELHAM</persName> </hi>. I am a clerk to Mr. Hill. I know the prisoner, he was formerly clerk to Mr. Hill—I know his writing quite well, this paper given to Mr. Priestly is his writing—this indorsement on the back of the paper found at his lodging is his writing.</p>
<hi rend="italic">Cross-examined. Q.</hi> Is the whole of this indorsement on this shipping bill his writing?
<hi rend="italic">A.</hi> Yes—I should say he was in Mr. Hill's employ twelve months, or rather more—I did not sit at the same desk with him—there were eight or ten clerks in the office—I saw the prisoner's brother once, when he called at Mr. Hill's—I do not know him at all—he is a young man—these papers were shown to me at the Thames Police Court—Mr. Brett took me there—the pri
<lb/>soner was remanded, Mr. Brett told me—I knew he was in custody on this charge, Mr. Brett showed me the paper, and asked me if I knew the hand
<lb/>writing; I said I did—he asked me if I could swear to it—I said I could—thatwas after I knew the prisoner was in custody—the prisoner was Dock clerk in our office, and used to come to me every morning for cash, and give me a written acknowledgment—I think I have one of them here—this is it—Inever saw any other hand like it—there are none in our office that write any thing like it—there is no one else from the office here.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-35" type="witnessName">
<interp inst="t18580201-name-35" type="gender" value="male"/>
<interp inst="t18580201-name-35" type="surname" value="PRIESTLY"/>
<interp inst="t18580201-name-35" type="given" value="JOSEPH ROBERT"/>JOSEPH ROBERT PRIESTLY</persName> </hi>
<hi rend="italic">re-examined.</hi> A person gave me this order, and I sent Horder, my man, to get the goods.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-36" type="witnessName">
<interp inst="t18580201-name-36" type="gender" value="male"/>
<interp inst="t18580201-name-36" type="surname" value="HORDER"/>
<interp inst="t18580201-name-36" type="given" value="PETER"/>PETER HORDER</persName> </hi>. I am in the employ of the last witness; he sent me with this order to get some goods, on 24th Dec.—I went, and got five boxes or cases—I took them back to our counting house; I then took them to No. 16, Prince's Square, St. George's in the East—I found the prisoner there; he took three in, and he said I was to take two back to my master, and he was to warehouse them till we had further instructions—I got them in the name of Captain Lloyd, from the
<hi rend="italic">Rangoon.</hi> </p>
<hi rend="italic">Cross-examined. Q.</hi> Where did you take them first?
<hi rend="italic">A.</hi> To our count
<lb/>ing house on Tower Hill—I then took them to Mr. Priestly's, in Gloucester Street, Commercial Road, where he lives—when I got there a man came after me, and said a gentleman had come to give the direction—I took them back to our counting house, and there was a written order to take them to No. 16, Prince's Square—I got to Prince's Square a little after 7 o'clock—I was not there many minutes; I might have been five minutes altogether—I took the boxes out of the cart, and put them inside the door—I am able to swear that the prisoner is the person—he gave me 2
<hi rend="italic">d</hi>. to get a pint of beer—therewas a light there; he called for a light, and one was brought—I saw Mr. Brett take the prisoner; I went with him to show him the house where I took the boxes to—I did not go up stairs, I stopped in the hall till Mr. Brett came down and told me to go and fetch a cart—when he came down he brought the prisoner down with him—I did not see any one else in the house that night, only the servant—it was my master's clerk, Francis Buck, who delivered me the written order.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-37" type="witnessName">
<interp inst="t18580201-name-37" type="gender" value="male"/>
<interp inst="t18580201-name-37" type="surname" value="TILSLEY"/>
<interp inst="t18580201-name-37" type="given" value="HORATIO FRANK"/>HORATIO FRANK TILSLEY</persName> </hi>. I am clerk to Messrs Barber and Co. This order is not the writing of any of the firm—I do not know anything of it.</p>
<hi rend="italic">Cross-examined. Q.</hi> How many clerks are there is Messrs. Barber's</p>
<xptr type="pageFacsimile" doc="185802010011"/>
<hi rend="italic">A.</hi> Eight—I am the shipping clerk—there are two clerks under me, Mr. Cundy and Mr. Barber; neither of them are here—there are three partners in the firm, Mr. Barber, Mr. Cundy, and Mr. Barber—I have no directions to sign such an order as this, but I should consider myself autho
<lb/>rized to do it—(
<hi rend="italic">Order read:</hi> "No. 136, Leadenhall Street. To the Super
<lb/>intendent of the West India Docks. Please to deliver the under mentioned goods, four chests and two cases, marked as under. James Barber and Co.")</p>
<hi rend="smallCaps">
<rs id="t18580201-221-verdict-1" type="verdictDescription">
<interp inst="t18580201-221-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18580201-221-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">He was further charged with having been before convicted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18580201-name-38" type="witnessName">
<interp inst="t18580201-name-38" type="gender" value="male"/>
<interp inst="t18580201-name-38" type="surname" value="HAYDON"/>
<interp inst="t18580201-name-38" type="given" value="MICHAEL"/>MICHAEL HAYDON</persName> </hi> (
<hi rend="italic">City policeman</hi>). I know the prisoner; I had him in my custody for forgery—I produce the certificate of his conviction—(
<hi rend="italic">Read: "Central Criminal Court, August, 1855; Walter Shandley, Convicted of forging an acceptance to a bill of exchange for </hi>64
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>.;
<hi rend="italic">Confined four months"</hi>)—the prisoner is the person.</p>
<hi rend="smallCaps">
<rs id="t18580201-221-verdict-1" type="verdictDescription">
<interp inst="t18580201-221-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18580201-221-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18580201-221-punishment-5" type="punishmentDescription">
<interp inst="t18580201-221-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18580201-221-punishment-5" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-221-18580201 t18580201-221-punishment-5"/>Six Years Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18580201-222">
<interp inst="t18580201-222" type="uri" value="sessionsPapers/18580201"/>
<interp inst="t18580201-222" type="date" value="18580201"/>
<join result="criminalCharge" id="t18580201-222-charge-1" targOrder="Y" targets="def1-222-18580201 t18580201-222-offence-1 t18580201-222-verdict-1"/>
<persName id="def1-222-18580201" type="defendantName">
<interp inst="def1-222-18580201" type="gender" value="male"/>
<interp inst="def1-222-18580201" type="age" value="30"/>
<interp inst="def1-222-18580201" type="surname" value="FLOWERDEW"/>
<interp inst="def1-222-18580201" type="given" value="WILLIAM DENTON"/>
<hi rend="largeCaps">WILLIAM DENTON FLOWERDEW</hi> (30)</persName>
<rs id="t18580201-222-offence-1" type="offenceDescription">
<interp inst="t18580201-222-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18580201-222-offence-1" type="offenceSubcategory" value="forgery"/>, Forging, on
<rs id="t18580201-cd-1" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18580201-222-offence-1 t18580201-cd-1"/>23d Nov</rs>., a request for delivery of goods;
<hi rend="italic">also</hi>, forging, on
<rs id="t18580201-cd-2" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18580201-222-offence-1 t18580201-cd-2"/>30th Nov</rs>., a request for delivery of goods;
<hi rend="italic">also</hi>, forging, on
<rs id="t18580201-cd-3" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18580201-222-offence-1 t18580201-cd-3"/>3d Dec</rs>, a request for delivery of goods;
<hi rend="italic">also</hi>, obtaining goods by false pretences: to all which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18580201-222-verdict-1" type="verdictDescription">
<interp inst="t18580201-222-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18580201-222-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18580201-222-punishment-6" type="punishmentDescription">
<interp inst="t18580201-222-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18580201-222-punishment-6" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-222-18580201 t18580201-222-punishment-6"/>Four Years Penal Servitude.</rs> </hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, February</hi> 2
<hi rend="italic">nd</hi>, 858.</p>
<hi rend="largeCaps">PRESENT</hi>—Sir
<hi rend="smallCaps">GEORGE CARROLL</hi>, Knt., Ald.; Mr.
<hi rend="smallCaps">RECORDER</hi>; and</p>
<p>Mr. Ald.
<hi rend="smallCaps">CARTER</hi>.</p>
<hi rend="italic">Before Mr. Recorder and the Third Jury.</hi> </p>
<div1 type="trialAccount" id="t18580201-223">
<interp inst="t18580201-223" type="uri" value="sessionsPapers/18580201"/>
<interp inst="t18580201-223" type="date" value="18580201"/>
<join result="criminalCharge" id="t18580201-223-charge-1" targOrder="Y" targets="def1-223-18580201 t18580201-223-offence-1 t18580201-223-verdict-1"/>
<join result="criminalCharge" id="t18580201-223-charge-2" targOrder="Y" targets="def2-223-18580201 t18580201-223-offence-1 t18580201-223-verdict-1"/>
<join result="criminalCharge" id="t18580201-223-charge-3" targOrder="Y" targets="def3-223-18580201 t18580201-223-offence-1 t18580201-223-verdict-1"/>
<persName id="def1-223-18580201" type="defendantName">
<interp inst="def1-223-18580201" type="gender" value="male"/>
<interp inst="def1-223-18580201" type="age" value="34"/>
<interp inst="def1-223-18580201" type="surname" value="PAINE"/>
<interp inst="def1-223-18580201" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES PAINE</hi> (34)</persName>,
<persName id="def2-223-18580201" type="defendantName">
<interp inst="def2-223-18580201" type="gender" value="male"/>
<interp inst="def2-223-18580201" type="age" value="33"/>
<interp inst="def2-223-18580201" type="surname" value="MYLAND"/>
<interp inst="def2-223-18580201" type="given" value="WALTER"/>
<hi rend="largeCaps">WALTER MYLAND</hi> (33)</persName>, and
<persName id="def3-223-18580201" type="defendantName">
<interp inst="def3-223-18580201" type="gender" value="male"/>
<interp inst="def3-223-18580201" type="age" value="32"/>
<interp inst="def3-223-18580201" type="surname" value="MORTIMER"/>
<interp inst="def3-223-18580201" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WIL
<lb/>LIAM MORTIMER</hi> (32)</persName>
<rs id="t18580201-223-offence-1" type="offenceDescription">
<interp inst="t18580201-223-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18580201-223-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, Stealing 1 cask and 113 lbs. weight of butter, value 5
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>.; the goods of
<persName id="t18580201-name-43" type="victimName">
<interp inst="t18580201-name-43" type="gender" value="male"/>
<interp inst="t18580201-name-43" type="surname" value="WHITE"/>
<interp inst="t18580201-name-43" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18580201-223-offence-1 t18580201-name-43"/>William White</persName> and others, the masters of Paine and Myland.</rs> </p>
<hi rend="smallCaps">MR. COOPER</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18580201-name-44" type="witnessName">
<interp inst="t18580201-name-44" type="gender" value="male"/>
<interp inst="t18580201-name-44" type="surname" value="BULL"/>
<interp inst="t18580201-name-44" type="given" value="JOHN MARK"/>JOHN MARK BULL</persName> </hi> (
<hi rend="italic">City policeman</hi>). From information I received, I watched the prosecutor's premises some few days, and on Monday, 18th Jan., about 2 o'clock, saw a waggon being loaded at their warehouse—I saw it leave; Paine drove it, he alone was in charge—I followed it; it went down Thames Street, as far as the Hour Glass public house, where Paine got down to obey a call of nature, got on again, and drove to the Steel Yard; he then got down again, and did something to the back of the waggon, as if he was fastening the tarpaulin; he then went to the front of the waggon, and Myland came from the front of the waggon, looked round, disappeared for about a minute, and returned with a cask of butter on his shoulder, and went into Mortimer's shop, No. 155, Thames Street—Steel Yard is about sixty or seventy yards from opposite Mortimer's shop—I went up Bush Lane, remained a few minutes, and when I came down, the waggon was gone—I looked into Mortimer's shop, but saw no one there—I communicated with one of the partners of the firm, Mr. White, who came back with me to Mortimer's shop—hewent in, came out again, and in consequence of what he said I went in with him, and he pointed out a cask of butter with a basket of herrings on it; before it was an empty cask with a piece of bacon on it—Mr. White said, "That cask of butter is my property"—I asked Mortimer if that was his name; he said, "Yes"—I told him that I was a detective police officer, and asked him how he accounted for the possession of that butter; he said, "A young man left it a short time ago, and is going to call for it in two or three</p>
<xptr type="pageFacsimile" doc="185802010012"/>
<p>hours' time"—I said, "The lid is off; how do you account for that?" he said, "The young man that left it took off the lid and took it away with him"—I said, "You must consider yourself in custody for receiving the cask of butter, well knowing it to be stolen"—he made no reply—I took him to the station, and afterwards went back with Mr. White, and found half a Dutch cheese, a box, and a bag which American cheeses go in—I had asked if he had seen the young man before; he said, "Once before,"and that he left a bag there about a fortnight previous—what I call bags are wrappers for bacon—between 5 and 6 o'clock, I went into the prosecutor's counting house, and Paine was called in—I told him I was a police officer, and he must consider himself in custody for stealing a cask of butter, the property of his employers—he said, "I never stole any cask of butter; all I know about it is, a man overtook me, and brought two bladders of lard, saying that I had got a wrong cask of butter in the van, and took one away—Myland was afterwards called in, put by the side of Paine, and I accused him of stealing a cask of butter and taking it into Mortimer's premises; I told him he might consider himself in custody—he said, "I do not know what you are talking about"—Paine said, "That is the man who took the cask of butter out of the waggon"—Myland made no reply; I took him to Seething Lane station, and found 2
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. 1 1/2
<hi rend="italic">d</hi>. on him—I afterwards took him to Bow Lane station, and Mortimer was brought out, at my request; I told him I was about to ask him a question; it might be used in evidence against him, and he might do as he pleased about answering it; Paine and Myland were both present—I said, "Do you know any one present?" he pointed to Myland, and said, "I know that man; that is the man who left the cask of butter at my house this afternoon"—Myland made no reply—I afterwards went to Paine's house, and found a wrapper similar to what they wrap bacon in, and some staves forming a cask.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PEARCE</hi>.
<hi rend="italic">Q.</hi> Was the waggon you describe a four-horse cart?
<hi rend="italic">A.</hi> Yes, with chains at the back—it is nearly half a mile from the prisoner's premises to the Steel Yard—I did not follow very close to the cart—I saw nobody get behind it during the half mile—I did not see Myland go up to the cart—it is a very crowded neighbourhood—I did not see him pass me—I first saw him when he left the front of the cart—I did not get ahead of the cart at all—I was on the right side going towards Southwark bridge—Myland got out on the left side—I was then sixty or seventy yards behind—I did not see a man with some bladders of lard—I cannot say who loaded the waggon, I was too distant—the firm employ six or seven porters, and they were all dressed alike—I was at the bottom of St. Mary-at-Hill—I did not see a book given to Payne—when Payne said, "A man overtook me and brought two bladders of lard, and said I had got a wrong cask of butter, and took one away,"he added, "and what he did with it I do not know"—London Bridge is generally crowded—it would not be a saving to go over Southwark Bridge, instead of London Bridge, to the Bricklayer's Arms, on a Monday, at 2 o'clock—Arthur Street is rather steep—I cannot say whether the road was in a greasy state, it might be—these (
<hi rend="italic">produced</hi>) are the staves found at Paine's—they are dirty, and are in the same state—this is the wrapper—I have mentioned about that before—it was in the cellar.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> Had you been six weeks looking out?
<hi rend="italic">A.</hi> No, two or three days—I at first told Paine that he was the person who took the cask into Mortimer's; he denied it—they were both dressed alike—I asserted it a second time, but when Myland came in and I put them both together, I saw my mistake, and said that it was Myland;</p>
<xptr type="pageFacsimile" doc="185802010013"/>
<p>but up to that time I believed it was Paine, and stuck to it—I said that I would almost swear to it—after I told Myland that he was the man, Paine said, "Yes."</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> What is the name of the street in which Mortimer's shop is?
<hi rend="italic">A.</hi> Thomas Street, No. 115—it is a small shop, he deals in chandlery and tobacco—Steel Yard is a wharf, and the waggon stopped opposite there—I went over to Calvert's tap to have a glass, not wishing to be seen in the street, and Mr. White came over to me, and I then went as speedily as I could to Mortimer's shop—I do not recollect that they were engaged in scrubbing the counter when I went in—the cask of butter was in front of the counter, at the further end—Mortimer freely stated what I have told you, and when asked if he could point out the man, he pointed to Myland, who made no reply.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-45" type="witnessName">
<interp inst="t18580201-name-45" type="gender" value="male"/>
<interp inst="t18580201-name-45" type="surname" value="BRISCOLL"/>
<interp inst="t18580201-name-45" type="given" value="EDWARD"/>EDWARD BRISCOLL</persName> </hi> (
<hi rend="italic">City policeman</hi>, 168.) I had been watching the prose
<lb/>cutor's premises, for six weeks prior to the robbery—on 12th Jan., at 7 o'clock in the evening, I was in their warehouse, and saw Myland leave with other porters; they crossed the street, went into the Coal Exchange tavern, remained there a short time, came out, and went down St. Mary-at-Hill, and along Thames Street—Myland and another separated from the others at the steps leading on to London Bridge, and proceeded along Thames Street again to Calvert's tap house at the corner; they there waited half a minute, or perhaps a little more, and Mortimer came over to them out of his shop, and all three went into the public house—the other was a porter in the employment of the firm, named Glyde, I believe—they came out again, and Myland and Mortimer proceeded into Mortimer's shop, and the other porter followed after—they remained there ten or fifteen minutes, and then came out and went home—I took Paine on 18th Jan., between 4 and 5 o'clock, took him to the station, and searched him—afterwards, as I took him along Cannon Street to Bow Lane Station, I said, "How long has Myland been in the employ of your master?" he said, "About nine months"—I said, "Did you know him before he came to work there?" he said, "Yes, I knew him when he was a carman"—he afterwards said, "Well, it serves me right; I ought to have known better"—I afterwards went to Myland's house and took pos
<lb/>session of certain things, which I have here.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PEARCE</hi>.
<hi rend="italic">Q.</hi> How far distant were you at the loading of the cart?
<hi rend="italic">A.</hi> Eighty or one hundred yards, too far to see who put the things in—I did not see a book given to Paine—the ground was wet—Idid not caution Paine before I asked him the questions—I did not con
<lb/>sider there was any thing wrong in asking him how long Myland had been in the employment—I had not spoken to him when he said, "Well, it serves me right; I ought to have known better"—in the warehouse, he said that there had been a mistake, some bladders of lard had been omitted to be put into his cart, and that one of the men in the employment overtook him with them, and told him that he had got a cask of butter by mistake.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Did you watch Myland from his employer's to Thames Street?
<hi rend="italic">A.</hi> Yes—I saw Mortimer come out of his house; he went in a direct line from his shop to them, and met them on the same side of the street as Calvert's—I did not follow them into Calvert's—Mylandwas not smoking; one of them was—I do not know that they do not sell tobacco or cigars at Calvert's—I never was in the house in my life—I did not see Mortimer carrying any pot or jug from the beer shop to his house—he had nothing in his hand—the door of the public house was partially open, and I saw them standing in front of the bar—they had some drink there.</p>
<xptr type="pageFacsimile" doc="185802010014"/>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You said that Myland and Glyde were on the same side of the way as Calvert's tap, and you were going to add something to it?
<hi rend="italic">A.</hi> But Calvert's tap is not directly opposite Mortimer's shop—if Mortimer had gone the shortest way from his shop, he would not have gone to where they were; they were standing a little more to the right, three or four yards beyond the door nearer to Mortimer's shop, between the public house door and Mortimer's shop; he would naturally go very near them.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-46" type="witnessName">
<interp inst="t18580201-name-46" type="gender" value="male"/>
<interp inst="t18580201-name-46" type="surname" value="WHITE"/>
<interp inst="t18580201-name-46" type="given" value="WILLIAM"/>WILLIAM WHITE</persName> </hi>. I am one of the firm of Bryant, Hughes, and Co. On 18th Jan., I saw the van loaded with cheese, butter, and bacon—there were casks of bacon—when the casks are put on, the heads are all right; they are fixed on by nails with binding hoops across—I did not see the waggon leave—Painewas the driver—he was in our employ, and had been some time—Mylandwas a porter in the warehouse; it was not his duty to follow the waggon that day, or to go with it—Bull called on me that day, about two o'clock, and I went with him to Mortimer's shop—I went in alone and pur
<lb/>chased a cigar—I lighted it to give me time to look about—the bottom of a cask of butter attracted my attention, the cask was covered with a basket of fish, and there was another cask before it—I merely saw the bottom—I left the shop and returned with Bull—I removed the fish, and the head of the cask was chopped off—there are particular marks on the head which are always put there, but there were also marks on the side—it was our cask and butter—Isaw the wrappers which were found there—the butter is worth 5
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PEARCE</hi>.
<hi rend="italic">Q.</hi> Who loaded the van?
<hi rend="italic">A.</hi> Myland and two or three other porters in our employment; they were all engaged—it is our rule to deliver to our carmen a book containing an account of the things they take out to deliver—Paine has been ten months in our employ
<lb/>ment, and he was in the employment of our predecessor about three years—Iwas not present when the book was given to Paine, the clerk in the ware-house gives it to him; he is here—Paine had to carry some goods to the Bricklayer's Arms terminus, and others to the Spur Inn, Borough—I did not tell him to make haste—he had not to go to Greenwich afterwards, and I never told him so—I may have gone out before the cart started, or I may have been in the warehouse—Paine may have asked me for an American cheese box to make a coal box of; if he had, I should have let him have one, and it would have been Williams' duty to let him have it; he is here.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> How long was it between your going to Mortimer's the first time and smoking a cigar and your going back a second time.
<hi rend="italic">A.</hi> About a quarter of an hour—we have about six porters, who wear white smock frocks.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> When you went back with Bull, I suppose you found the cask in the same position?
<hi rend="italic">A.</hi> Yes—they were not engaged in scrubbing the counter when I bought the cigar, but they were when I went back with Bull.</p>
<hi rend="smallCaps">MR. PEARCE</hi>.
<hi rend="italic">Q.</hi> Do you know of any lard being ordered for delivery that day?
<hi rend="italic">A.</hi> Yes, but not personally—it was to be delivered at an inn in the Borough—I know from Starling, who helped to load the cart, that Paine started without it.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-47" type="witnessName">
<interp inst="t18580201-name-47" type="gender" value="male"/>
<interp inst="t18580201-name-47" type="surname" value="STARLING"/>
<interp inst="t18580201-name-47" type="given" value="WILLIAM"/>WILLIAM STARLING</persName> </hi> (
<hi rend="italic">Examined by</hi>
<hi rend="smallCaps">MR. PEARCE</hi>). I am in the prosecutor's employ—I remember Paine starting with the cart on 18th Jan., he had to deliver some bladders of lard at the Spur Inn, in the Borough, but started without them, and I saw Walter Myland go after him with them.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you see Myland come back?
<hi rend="italic">A.</hi> No; he started about four minutes after the van.</p>
<xptr type="pageFacsimile" doc="185802010015"/>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> Is there any regular hour for din
<hi rend="italic">A.</hi> No, we go when we can, but the general time is 1 o'clock—I did not go to dinner till after the van started, I cannot say whether that was 2 o'clock.</p>
<hi rend="italic">Paine and Mortimer received good characters.</hi> </p>
<hi rend="smallCaps">
<rs id="t18580201-223-verdict-1" type="verdictDescription">
<interp inst="t18580201-223-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18580201-223-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">Myland was further charged with having been before convicted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18580201-name-48" type="witnessName">
<interp inst="t18580201-name-48" type="gender" value="male"/>
<interp inst="t18580201-name-48" type="surname" value="FOULGER"/>
<interp inst="t18580201-name-48" type="given" value="JOHN"/>JOHN FOULGER</persName> </hi> (
<hi rend="italic">Police inspector</hi>). I produce a certificate—(
<hi rend="italic">Read: "Cen
<lb/>tral Criminal Court; Robert Myland, Convicted March, 1851, on his own confession, of stealing forty-eight handkerchiefs, of his master: Confined six months"</hi>)—Myland is the person.</p>
<hi rend="smallCaps">GUILTY</hi>.—
<hi rend="italic">
<rs id="t18580201-223-punishment-7" type="punishmentDescription">
<interp inst="t18580201-223-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18580201-223-punishment-7" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-223-18580201 t18580201-223-punishment-7"/>Three Years Penal Servitude.</rs> </hi> </p>
<rs id="t18580201-223-verdict-2" type="verdictDescription">
<interp inst="t18580201-223-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18580201-223-verdict-2" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="largeCaps">PAINE</hi>
<hi rend="italic">was recommended to mercy by the Prosecutor and Jury.</hi> </rs>
<hi rend="italic">
<rs id="t18580201-223-punishment-8" type="punishmentDescription">
<interp inst="t18580201-223-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18580201-223-punishment-8" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-223-18580201 t18580201-223-punishment-8"/>Confined Three Months</rs>.</hi> </p>
<hi rend="largeCaps">MORTIMER</hi>
<hi rend="italic">
<rs id="t18580201-223-punishment-9" type="punishmentDescription">
<interp inst="t18580201-223-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18580201-223-punishment-9" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-223-18580201 t18580201-223-punishment-9"/>Confined Twelve Months</rs>.</hi> </p>
<hi rend="italic">The officer Bull stated that the system had been going on for eight or nine months, that two or three sides of bacon had been left at Myland's every week, and that the prosecutor had been robbed to the extent of</hi> 2,000
<hi rend="italic">l</hi>.</p> </div1>
<div1 type="trialAccount" id="t18580201-224">
<interp inst="t18580201-224" type="uri" value="sessionsPapers/18580201"/>
<interp inst="t18580201-224" type="date" value="18580201"/>
<join result="criminalCharge" id="t18580201-224-charge-1" targOrder="Y" targets="def1-224-18580201 t18580201-224-offence-1 t18580201-224-verdict-1"/>
<persName id="def1-224-18580201" type="defendantName">
<interp inst="def1-224-18580201" type="gender" value="male"/>
<interp inst="def1-224-18580201" type="age" value="28"/>
<interp inst="def1-224-18580201" type="surname" value="KENT"/>
<interp inst="def1-224-18580201" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN KENT</hi> (28)</persName>
<rs id="t18580201-224-offence-1" type="offenceDescription">
<interp inst="t18580201-224-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18580201-224-offence-1" type="offenceSubcategory" value="mail"/>, Stealing, whilst employed in the Post Office, a post letter containing 2 5
<hi rend="italic">l</hi>. bank notes; the property of
<persName id="t18580201-name-50" type="victimName">
<interp inst="t18580201-name-50" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18580201-224-offence-1 t18580201-name-50"/>Her Majesty's Post
<lb/>master-General</persName> to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18580201-224-verdict-1" type="verdictDescription">
<interp inst="t18580201-224-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18580201-224-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>,
<hi rend="italic">and received a good character.—
<rs id="t18580201-224-punishment-10" type="punishmentDescription">
<interp inst="t18580201-224-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18580201-224-punishment-10" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-224-18580201 t18580201-224-punishment-10"/>Confined Two Years</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18580201-225">
<interp inst="t18580201-225" type="uri" value="sessionsPapers/18580201"/>
<interp inst="t18580201-225" type="date" value="18580201"/>
<join result="criminalCharge" id="t18580201-225-charge-1" targOrder="Y" targets="def1-225-18580201 t18580201-225-offence-1 t18580201-225-verdict-1"/>
<join result="criminalCharge" id="t18580201-225-charge-2" targOrder="Y" targets="def1-225-18580201 t18580201-225-offence-2 t18580201-225-verdict-1"/>
<persName id="def1-225-18580201" type="defendantName">
<interp inst="def1-225-18580201" type="gender" value="male"/>
<interp inst="def1-225-18580201" type="age" value="24"/>
<interp inst="def1-225-18580201" type="surname" value="WOODCOCK"/>
<interp inst="def1-225-18580201" type="given" value="SAMUEL"/>
<hi rend="largeCaps">SAMUEL WOODCOCK</hi> (24)</persName>
<rs id="t18580201-225-offence-1" type="offenceDescription">
<interp inst="t18580201-225-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18580201-225-offence-1" type="offenceSubcategory" value="mail"/>, Stealing a post letter, containing a half sovereign</rs>;
<hi rend="italic">also</hi>,
<rs id="t18580201-225-offence-2" type="offenceDescription">
<interp inst="t18580201-225-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18580201-225-offence-2" type="offenceSubcategory" value="mail"/>a post letter, containing 3 sixpences; the property of
<persName id="t18580201-name-52" type="victimName">
<interp inst="t18580201-name-52" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18580201-225-offence-2 t18580201-name-52"/>Her Majesty's Postmaster-General</persName>: to both which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18580201-225-verdict-1" type="verdictDescription">
<interp inst="t18580201-225-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18580201-225-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18580201-225-punishment-11" type="punishmentDescription">
<interp inst="t18580201-225-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18580201-225-punishment-11" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-225-18580201 t18580201-225-punishment-11"/>Confined Six Years</rs>.</hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, February</hi> 2
<hi rend="italic">nd</hi>, 1858.</p>
<hi rend="largeCaps">PRESENT</hi>—Mr. Ald.
<hi rend="smallCaps">WIRE</hi>; Mr. Ald.
<hi rend="smallCaps">CARTER</hi>; Mr. Ald.
<hi rend="smallCaps">PHILLIPS</hi>;and Mr.
<hi rend="smallCaps">COMMON SERJEANT</hi>.</p>
<hi rend="italic">Before Mr. Common Serjeant and the Sixth Jury.</hi> </p>
<div1 type="trialAccount" id="t18580201-226">
<interp inst="t18580201-226" type="uri" value="sessionsPapers/18580201"/>
<interp inst="t18580201-226" type="date" value="18580201"/>
<join result="criminalCharge" id="t18580201-226-charge-1" targOrder="Y" targets="def1-226-18580201 t18580201-226-offence-1 t18580201-226-verdict-1"/>
<persName id="def1-226-18580201" type="defendantName">
<interp inst="def1-226-18580201" type="gender" value="male"/>
<interp inst="def1-226-18580201" type="age" value="19"/>
<interp inst="def1-226-18580201" type="surname" value="BOOKER"/>
<interp inst="def1-226-18580201" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM BOOKER</hi> (19)</persName>
<rs id="t18580201-226-offence-1" type="offenceDescription">
<interp inst="t18580201-226-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18580201-226-offence-1" type="offenceSubcategory" value="coiningOffences"/> Unlawfully uttering counterfeit coins to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18580201-226-verdict-1" type="verdictDescription">
<interp inst="t18580201-226-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18580201-226-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18580201-226-punishment-12" type="punishmentDescription">
<interp inst="t18580201-226-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18580201-226-punishment-12" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-226-18580201 t18580201-226-punishment-12"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18580201-227">
<interp inst="t18580201-227" type="uri" value="sessionsPapers/18580201"/>
<interp inst="t18580201-227" type="date" value="18580201"/>
<join result="criminalCharge" id="t18580201-227-charge-1" targOrder="Y" targets="def1-227-18580201 t18580201-227-offence-1 t18580201-227-verdict-1"/>
<persName id="def1-227-18580201" type="defendantName">
<interp inst="def1-227-18580201" type="gender" value="female"/>
<interp inst="def1-227-18580201" type="age" value="32"/>
<interp inst="def1-227-18580201" type="surname" value="WOOD"/>
<interp inst="def1-227-18580201" type="given" value="MARY"/>
<hi rend="largeCaps">MARY WOOD</hi> (32)</persName>
<rs id="t18580201-227-offence-1" type="offenceDescription">
<interp inst="t18580201-227-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18580201-227-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Feloniously uttering counterfeit coin; having been before convicted: to which she</rs> </p>
<hi rend="smallCaps">
<rs id="t18580201-227-verdict-1" type="verdictDescription">
<interp inst="t18580201-227-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18580201-227-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18580201-227-punishment-13" type="punishmentDescription">
<interp inst="t18580201-227-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18580201-227-punishment-13" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-227-18580201 t18580201-227-punishment-13"/>Confined Two Years</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18580201-228">
<interp inst="t18580201-228" type="uri" value="sessionsPapers/18580201"/>
<interp inst="t18580201-228" type="date" value="18580201"/>
<join result="criminalCharge" id="t18580201-228-charge-1" targOrder="Y" targets="def1-228-18580201 t18580201-228-offence-1 t18580201-228-verdict-1"/>
<persName id="def1-228-18580201" type="defendantName">
<interp inst="def1-228-18580201" type="gender" value="male"/>
<interp inst="def1-228-18580201" type="age" value="57"/>
<interp inst="def1-228-18580201" type="surname" value="NEWMAN"/>
<interp inst="def1-228-18580201" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES NEWMAN</hi> (57)</persName> was indicted
<rs id="t18580201-228-offence-1" type="offenceDescription">
<interp inst="t18580201-228-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18580201-228-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence: to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18580201-228-verdict-1" type="verdictDescription">
<interp inst="t18580201-228-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18580201-228-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18580201-228-punishment-14" type="punishmentDescription">
<interp inst="t18580201-228-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18580201-228-punishment-14" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-228-18580201 t18580201-228-punishment-14"/>Confined Two Years</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18580201-229">
<interp inst="t18580201-229" type="uri" value="sessionsPapers/18580201"/>
<interp inst="t18580201-229" type="date" value="18580201"/>
<join result="criminalCharge" id="t18580201-229-charge-1" targOrder="Y" targets="def1-229-18580201 t18580201-229-offence-1 t18580201-229-verdict-1"/>
<persName id="def1-229-18580201" type="defendantName">
<interp inst="def1-229-18580201" type="gender" value="female"/>
<interp inst="def1-229-18580201" type="age" value=" (20)"/>
<interp inst="def1-229-18580201" type="surname" value="WILSON"/>
<interp inst="def1-229-18580201" type="given" value="MARY ANN"/>
<hi rend="largeCaps">MARY ANN WILSON</hi>,
<hi rend="italic">alias
<rs id="t18580201-alias-1" type="alias">
<join result="nameAlias" targOrder="Y" targets="def1-229-18580201 t18580201-alias-1"/> Pearce</rs> </hi> (20)</persName>, was indicted
<rs id="t18580201-229-offence-1" type="offenceDescription">
<interp inst="t18580201-229-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18580201-229-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence. </rs> </p>
<hi rend="smallCaps">MESSRS. ELLIS</hi> and
<hi rend="smallCaps">BODKIN</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18580201-name-57" type="witnessName">
<interp inst="t18580201-name-57" type="gender" value="male"/>
<interp inst="t18580201-name-57" type="surname" value="TWIST"/>
<interp inst="t18580201-name-57" type="given" value="WILLIAM"/>WILLIAM TWIST</persName> </hi> (
<hi rend="italic">Policeman, N</hi> 456). I produce the record of a conviction—(
<hi rend="italic">"Read: At this Court, Oct. 27,1856, Mary Ann Wilson, Convicted of uttering counterfeit coin, and sentenced to be confined one year"</hi>)—I was present—the prisoner is the person who was convicted; I knew her by the name of Wilson—anotherwoman was convicted with her, of the name of Pearce.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-58" type="witnessName">
<interp inst="t18580201-name-58" type="gender" value="male"/>
<interp inst="t18580201-name-58" type="surname" value="HILL"/>
<interp inst="t18580201-name-58" type="given" value="JOHN"/>JOHN HILL</persName> </hi>. I am a tailor, and live in Hoxton. On Tuesday, 22d Dec., the prisoner came to my shop, about ten minutes past 5 o'clock, for half an ounce of tobacco—I am a tobacconist and a newsvender—the tobacco came to 1 1/2
<hi rend="italic">d</hi>.—she gave me a counterfeit shilling, I gave her the change, and put</p>
<xptr type="pageFacsimile" doc="185802010016"/>
<p>the shilling into the till—there was no other shilling there, I am certain—I took it out about ten minutes after the prisoner gave it me, and gave it to Mrs. Allen—there was no other shilling in the till then—Mrs. Allen brought the shilling back to me; I observed it was bad, I marked it, and placed it in a vase on the mantlepiece in the back parlour, and it remained there till 5th Jan.—on 5th Jan. the prisoner came again, and asked for half an ounce of tobacco and a "London Miscellany;" they came to 2 1/2
<hi rend="italic">d</hi>.—I recognized her to be the same person who had come before—I served her, and she gave me a counterfeit shilling—I found that it was counterfeit the moment I put my hand on it; I bent it with my teeth, and told her so—she said, "Is it? I was not aware it was a bad one"—I told her I had been looking out for her coming, as I had taken a bad shilling of her previously—she said I must be mistaken, it could not be her—I gave her in charge, and placed the two bad shillings in the hands of the acting inspector at the station.</p>
<hi rend="italic">Prisoner.</hi> You said you gave the shilling to a watercress woman, and you said the mother gave it to a little girl.
<hi rend="italic">Witness.</hi> No; I gave it to Mrs. Allen, who is a watercress woman.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-59" type="witnessName">
<interp inst="t18580201-name-59" type="gender" value="female"/>
<interp inst="t18580201-name-59" type="surname" value="ALLEN"/>
<interp inst="t18580201-name-59" type="given" value="MARY ANN"/>MARY ANN ALLEN</persName> </hi>. I live in Red Lion Court, in Kingsland Road. On 22d Dec. the last witness gave me a shilling, about half past 5 o'clock, and he gave me a 3
<hi rend="italic">d</hi>. piece at the same time—I gave the shilling to my daughter Eliza, to get some tea and sugar; she brought the shilling back, and said it was bad—I sent her to the butter shop; they detained the shilling there, and the butterman, Mr. Edwards, gave it to me—I gave the shilling to Mr. Hill, and he gave me two sixpences for it.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-60" type="witnessName">
<interp inst="t18580201-name-60" type="gender" value="female"/>
<interp inst="t18580201-name-60" type="surname" value="ALLEN"/>
<interp inst="t18580201-name-60" type="given" value="ELIZA"/>ELIZA ALLEN</persName> </hi>. I am thirteen years old—my mother gave me a shilling, and sent me to a shop for some tea and sugar; they refused to take the shilling; I brought back the same shilling to my mother; it was not at all out of my sight—my mother directed me to go to the butter shop; I took the same shilling there, and they detained it till my mother came—when my mother came, they gave her the shilling.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-61" type="witnessName">
<interp inst="t18580201-name-61" type="gender" value="male"/>
<interp inst="t18580201-name-61" type="surname" value="EDWARDS"/>
<interp inst="t18580201-name-61" type="given" value="GEORGE"/>GEORGE EDWARDS</persName> </hi>. I am a cheesemonger and butterman, in Kingsland Road. The last witness brought me a shilling, it was a bad one, and I detained it—knowing the girl very well, I sent for her mother, and gave her the same shilling—I had put it on a shelf till she came.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-62" type="witnessName">
<interp inst="t18580201-name-62" type="gender" value="male"/>
<interp inst="t18580201-name-62" type="surname" value="ROBINSON"/>
<interp inst="t18580201-name-62" type="given" value="GEORGE"/>GEORGE ROBINSON</persName> </hi> ((
<hi rend="italic">Policeman, N</hi> 385). I was sent for to Mr. Hills, on 5th Jan., and took the prisoner in charge—I received these two counterfeit shillings from him—I asked the prisoner where she got the shilling she last produced; she said she did not know—there was a good 4
<hi rend="italic">d</hi>. piece and 1 1/2
<hi rend="italic">d</hi>. found on her.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-63" type="witnessName">
<interp inst="t18580201-name-63" type="gender" value="male"/>
<interp inst="t18580201-name-63" type="surname" value="WEBSTER"/>
<interp inst="t18580201-name-63" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. I am inspector of coin to the Royal Mint. These shillings are counterfeit, and from the same mould.</p>
<hi rend="smallCaps">
<rs id="t18580201-229-verdict-1" type="verdictDescription">
<interp inst="t18580201-229-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18580201-229-verdict-1" type="verdictSubcategory" value="withRecommendation"/>GUILTY</rs> </hi>.—
<hi rend="italic">Recommended to mercy by the Prosecutor—
<rs id="t18580201-229-punishment-15" type="punishmentDescription">
<interp inst="t18580201-229-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18580201-229-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-229-18580201 t18580201-229-punishment-15"/>Confined Eighteen Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18580201-230">
<interp inst="t18580201-230" type="uri" value="sessionsPapers/18580201"/>
<interp inst="t18580201-230" type="date" value="18580201"/>
<join result="criminalCharge" id="t18580201-230-charge-1" targOrder="Y" targets="def1-230-18580201 t18580201-230-offence-1 t18580201-230-verdict-1"/>
<persName id="def1-230-18580201" type="defendantName">
<interp inst="def1-230-18580201" type="gender" value="male"/>
<interp inst="def1-230-18580201" type="age" value="20"/>
<interp inst="def1-230-18580201" type="surname" value="SMITH"/>
<interp inst="def1-230-18580201" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN SMITH</hi> (20)</persName>, was indicted
<rs id="t18580201-230-offence-1" type="offenceDescription">
<interp inst="t18580201-230-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18580201-230-offence-1" type="offenceSubcategory" value="coiningOffences"/> for unlawfully uttering counter
<lb/>feit coin.</rs> </p>
<hi rend="smallCaps">MESSRS. ELLIS, BODKIN</hi>,
<hi rend="italic">and</hi>
<hi rend="smallCaps">LAWRENCE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18580201-name-65" type="witnessName">
<interp inst="t18580201-name-65" type="gender" value="female"/>
<interp inst="t18580201-name-65" type="surname" value="EATON"/>
<interp inst="t18580201-name-65" type="given" value="SUSANNAH"/>SUSANNAH EATON</persName> </hi>. I am the wife of Samuel Eaton, a greengrocer at High Hill Ferry. On 22d Jan. the prisoner came to my place for a pennyworth of apples, about 6 o'clock in the evening—he gave me a bad shilling, I gave him 11
<hi rend="italic">d</hi>. change, and he went away—I found the shilling was bad directly he left—I went after him with it—as I was going I met my husband; I gave the shilling to him—I afterwards saw the policeman, and I went on with him till we met the prisoner at Lower Clapton—I stated that he was the man</p>
<xptr type="pageFacsimile" doc="185802010017"/>
<p>that passed the shilling, and the officer took him—I put a mark on the shilling and gave it to the officer.</p>
<hi rend="italic">Prisoner.</hi> She blamed another man for passing the bad shilling.
<hi rend="italic">Wit
<lb/>ness.</hi> No, I did not—I met three men—the prisoner was in company with three others—I went and asked them if they had passed a bad shilling, and they said they had not—I did not tell the constable that another man had passed the shilling—I said this was the man that passed the bad shilling at my shop—I said nothing about the other man.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-66" type="witnessName">
<interp inst="t18580201-name-66" type="gender" value="male"/>
<interp inst="t18580201-name-66" type="surname" value="EATON"/>
<interp inst="t18580201-name-66" type="given" value="SAMUEL"/>SAMUEL EATON</persName> </hi>. I met my wife; she gave me a shilling—I looked at it, and gave it her back again.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-67" type="witnessName">
<interp inst="t18580201-name-67" type="gender" value="male"/>
<interp inst="t18580201-name-67" type="surname" value="LAWRENCE"/>
<interp inst="t18580201-name-67" type="given" value="CHARLES"/>CHARLES LAWRENCE</persName> </hi>. I am a greengrocer. On 22d Feb. the policeman Clark took the prisoner into custody—I saw the prisoner draw his hand out of his right hand trousers' pocket, and he dropped a shilling on the ground; I picked it up and gave it to Clark.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-68" type="witnessName">
<interp inst="t18580201-name-68" type="gender" value="male"/>
<interp inst="t18580201-name-68" type="surname" value="CLARK"/>
<interp inst="t18580201-name-68" type="given" value="RICHARD"/>RICHARD CLARK</persName> </hi> ((
<hi rend="italic">Policeman, N</hi> 296). On 22d Jan., between 6 and 7 o'clock, I met the prisoner in Upper Clapton—Mrs. Eaton made a communi
<lb/>cation to me; I went with her to Lower Clapton, where I saw the last witness—when I took the prisoner, I saw him draw his hand from his right hand trousers' pocket and drop a shilling; the last witness picked it up and gave it to me—this is it—I took the prisoner to the station, and Mrs. Eaton gave me this other shilling there—the prisoner said the woman was mistaken, he had not been in the shop—he afterwards stated that the two pieces would lick him—I found on him a good sixpence and 8 1/2
<hi rend="italic">d</hi>. in copper.</p>
<hi rend="italic">Prisoner.</hi> When I was taken he said, "I know you belong to bad com
<lb/>pany; I will get somebody to convict you," and he whistled three times.
<hi rend="italic">Witness.</hi> No, I did not—Mrs. Eaton was certain this man was the person—shedid not point out any body else as being the person.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-69" type="witnessName">
<interp inst="t18580201-name-69" type="gender" value="male"/>
<interp inst="t18580201-name-69" type="surname" value="WEBSTER"/>
<interp inst="t18580201-name-69" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are both bad.</p>
<hi rend="italic">Prisoner's defence.</hi> I went out to get a job; I was going towards Clapton-gate; I kicked my foot against something; I thought it was a stone; I kicked it three times; I looked, and it was a piece of brown paper; I looked in it, and found this money; I was going to the water side, and I gave one of the shillings in change; I did not know whether it was good or not.</p>
<hi rend="smallCaps">
<rs id="t18580201-230-verdict-1" type="verdictDescription">
<interp inst="t18580201-230-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18580201-230-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18580201-230-punishment-16" type="punishmentDescription">
<interp inst="t18580201-230-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18580201-230-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-230-18580201 t18580201-230-punishment-16"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18580201-231">
<interp inst="t18580201-231" type="uri" value="sessionsPapers/18580201"/>
<interp inst="t18580201-231" type="date" value="18580201"/>
<join result="criminalCharge" id="t18580201-231-charge-1" targOrder="Y" targets="def1-231-18580201 t18580201-231-offence-1 t18580201-231-verdict-1"/>
<persName id="def1-231-18580201" type="defendantName">
<interp inst="def1-231-18580201" type="gender" value="male"/>
<interp inst="def1-231-18580201" type="age" value=" (26)"/>
<interp inst="def1-231-18580201" type="surname" value="WARD"/>
<interp inst="def1-231-18580201" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES WARD</hi>,
<hi rend="italic">alias
<rs id="t18580201-alias-2" type="alias">
<join result="nameAlias" targOrder="Y" targets="def1-231-18580201 t18580201-alias-2"/> Powell</rs> </hi> (26)</persName>, was indicted
<rs id="t18580201-231-offence-1" type="offenceDescription">
<interp inst="t18580201-231-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18580201-231-offence-1" type="offenceSubcategory" value="coiningOffences"/> for feloniously uttering counterfeit coin; having been before convicted.</rs> </p>
<hi rend="smallCaps">MESSRS. BODKIN</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">LAWRENCE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18580201-name-71" type="witnessName">
<interp inst="t18580201-name-71" type="gender" value="male"/>
<interp inst="t18580201-name-71" type="surname" value="TANNER"/>
<interp inst="t18580201-name-71" type="given" value="RICHARD"/>RICHARD TANNER</persName> </hi>. I am a detective policeman, A 29—I produce a cer
<lb/>tified copy of a conviction—(
<hi rend="italic">Read: "At this Court, in Feb., 1856, James Ward was convicted for unlawfully uttering counterfeit coin, and sentenced to be confined nine months"</hi>)—I saw the prisoner tried; he is the person.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-72" type="witnessName">
<interp inst="t18580201-name-72" type="gender" value="male"/>
<interp inst="t18580201-name-72" type="surname" value="SANDERSON"/>
<interp inst="t18580201-name-72" type="given" value="JOHN"/>JOHN SANDERSON</persName> </hi>. I live in Amwell Street, Somers Town. On 28th Dec. I saw the prisoner come from Middlesex Street towards Alderman Street with Mary Ward—it was about a quarter before 2 o'clock—they were walk
<lb/>ing and talking together—I went into a house; I came out in about five minutes, and I saw the prisoner running away from the policeman towards Clarendon Square.</p>
<hi rend="italic">Prisoner. Q.</hi> What was I doing when you first saw me?
<hi rend="italic">A.</hi> Walking and talking with the woman—I followed you to Mr. Jones, the baker, about three minutes' malk—I then left you and went in doors—I came out in about five or ten minutes and saw you running away from the policeman—that was in Amwell Street—I saw you running when I came out of the house—I said</p>
<xptr type="pageFacsimile" doc="185802010018"/>
<p>at the police court that I saw you talking to the woman—I am sure you were talking to her—the policeman did not call me out into the passage and tell me what to say—I know I saw you walking and going away.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> When you saw him running away, did you know what he had been doing?
<hi rend="italic">A.</hi> No.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-73" type="witnessName">
<interp inst="t18580201-name-73" type="gender" value="female"/>
<interp inst="t18580201-name-73" type="surname" value="CHRISTIAN"/>
<interp inst="t18580201-name-73" type="given" value="MARY ANN"/>MARY ANN CHRISTIAN</persName> </hi>. I am the wife of John Christian, and live in Alderman Street, Somers Town. I am a haberdasher. On 28th Dec. Mary Ward came into the shop and asked to look at some embroidery; I showed her some, and she selected a piece which came to 2
<hi rend="italic">d</hi>.—she gave me a florin—asshe laid it on the counter I saw it was bad—I took it to my husband; he said it was bad—I told her so, and she said she hoped not—I sent my daughter to Mr. Hull, the baker, with it—Mary Ward remained in the shop—whenmy daughter came back her father was standing at the door, and she gave the coin into his hand—he kept it, and sent for a policeman—I did not see it again till I saw it at the police station.</p>
<hi rend="italic">Prisoner. Q.</hi> Did you see me near your shop?
<hi rend="italic">A.</hi> No, I did not see you at all.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-74" type="witnessName">
<interp inst="t18580201-name-74" type="gender" value="female"/>
<interp inst="t18580201-name-74" type="surname" value="CHRISTIAN"/>
<interp inst="t18580201-name-74" type="given" value="ELIZA"/>ELIZA CHRISTIAN</persName> </hi>. I am the daughter of the last witness. On 28th Dec. I saw Mary Ward in my mother's shop—my mother gave me a florin, I took it to Mr. Hull the baker—I came back with it, my father was stand
<lb/>ing at the door—I gave it him.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-75" type="witnessName">
<interp inst="t18580201-name-75" type="gender" value="male"/>
<interp inst="t18580201-name-75" type="surname" value="CHRISTIAN"/>
<interp inst="t18580201-name-75" type="given" value="JOHN"/>JOHN CHRISTIAN</persName> </hi>. On 28th Dec. I saw Mary Ward in my shop—my wife gave me a florin, I sent it out by my daughter—when she came back I was at the door, I took it from her and marked it, and gave it to the policeman at the station—this is it.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-76" type="witnessName">
<interp inst="t18580201-name-76" type="gender" value="male"/>
<interp inst="t18580201-name-76" type="surname" value="PIKE"/>
<interp inst="t18580201-name-76" type="given" value="GEORGE"/>GEORGE PIKE</persName> </hi>. I am an artificial flower stamper at Somers Town. On 28th Dec. in the afternoon I saw the prisoner standing in Alderman Street about ten minutes before 2 o'clock—I saw him chuck something over a gate, he was then walking up Alderman Street—when he saw the policeman he ran up towards Clarendon Square—I saw the place where the money was thrown—I and a sweep showed the place to the policeman, and he picked up a 2
<hi rend="italic">s</hi>. piece.</p>
<hi rend="italic">Prisoner.</hi> How do you know it was a 2
<hi rend="italic">s</hi>. piece thrown away?
<hi rend="italic">Wit
<lb/>ness.</hi> Because I heard it
<hi rend="italic">jink</hi>, I told the gentleman so—I said I believed it was a piece of money—I did not say I did not know—the clerk did not ask if I heard anything
<hi rend="italic">jink</hi>, nor did I say, "No"—he said, "How do you know it was money?" and I said, "By its
<hi rend="italic">jinking</hi>"—you were running up Amwell Street—you stopped running, and then you saw the policeman and you ran again, and you stopped just before the policeman came to you.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-77" type="witnessName">
<interp inst="t18580201-name-77" type="gender" value="male"/>
<interp inst="t18580201-name-77" type="surname" value="BROOKS"/>
<interp inst="t18580201-name-77" type="given" value="JAMES"/>JAMES BROOKS</persName> </hi> (
<hi rend="italic">Policeman, S</hi> 334). On 28th Dec. I was called into Mr. Christian's shop, and as I was going I saw the prisoner about twenty yards from the shop in Norton Street—I went towards him, and he ran away up Amwell Street; I ran up Alderman Street, and met him at the top of Amwell Street—He ran away again up Amwell Street, leading to Clarendon Square—Icame up to him, and I said, "What did you run away for?"—he said, "What has that to do with you"—I said, "I shall take you with me to the station"—he said, "Very well"—I went to the station, and in about two minutes Mary Ward was brought there—I asked him if he had any knowledge of that woman, he said, no, he never saw her before—I went to the place that Pike took me to, he pointed out the place—I found this florin there—this other florin I received from Mr. Christian at the station—I found 1
<hi rend="italic">s</hi>. 1 1/2
<hi rend="italic">d</hi>. on the prisoner.</p>
<hi rend="italic">Prisoner.</hi> You say I was twenty yards from the shop.
<hi rend="italic">Witness.</hi> Yes,</p>
<xptr type="pageFacsimile" doc="185802010019"/>
<p>and you ran till you came to a turning—I did not say you was at the bottom of the street—I did not state anything about something being thrown away—Isuppose there were a dozen boys in the station; they all stated that they saw you throw something away—it was rumoured about that the woman had passed bad money—you were remanded for a week till the evidence was given—I brought two boys up, and I could have brought more.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-78" type="witnessName">
<interp inst="t18580201-name-78" type="gender" value="male"/>
<interp inst="t18580201-name-78" type="surname" value="TANNER"/>
<interp inst="t18580201-name-78" type="given" value="RICHARD"/>RICHARD TANNER</persName> </hi>
<hi rend="italic">re-examined.</hi> I know Mary Ward, she and the prisoner have been living together.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-79" type="witnessName">
<interp inst="t18580201-name-79" type="gender" value="male"/>
<interp inst="t18580201-name-79" type="surname" value="WEBSTER"/>
<interp inst="t18580201-name-79" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These two florins are counterfeit, and from the same mould.</p>
<hi rend="italic">Prisoner to</hi>
<hi rend="smallCaps">MARY ANN CHRISTIAN</hi>.
<hi rend="italic">Q.</hi> How long was Mary Ward in your shop previous to your giving her into custody?
<hi rend="italic">A.</hi> Not many minutes—three, or four, or five minutes; it might be ten minutes; I think it was not a quarter of an hour.</p>
<hi rend="italic">Prisoner's Defence.</hi> The evidence the boys have given is quite false; the last boy said quite different at the police court; the policeman took them out, and put into their mouths what to say.</p>
<hi rend="smallCaps">
<rs id="t18580201-231-verdict-1" type="verdictDescription">
<interp inst="t18580201-231-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18580201-231-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18580201-231-punishment-17" type="punishmentDescription">
<interp inst="t18580201-231-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18580201-231-punishment-17" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-231-18580201 t18580201-231-punishment-17"/>Four Years Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18580201-232">
<interp inst="t18580201-232" type="uri" value="sessionsPapers/18580201"/>
<interp inst="t18580201-232" type="date" value="18580201"/>
<join result="criminalCharge" id="t18580201-232-charge-1" targOrder="Y" targets="def1-232-18580201 t18580201-232-offence-1 t18580201-232-verdict-1"/>
<persName id="def1-232-18580201" type="defendantName">
<interp inst="def1-232-18580201" type="gender" value="female"/>
<interp inst="def1-232-18580201" type="age" value="23"/>
<interp inst="def1-232-18580201" type="surname" value="WARD"/>
<interp inst="def1-232-18580201" type="given" value="MARY"/>
<hi rend="largeCaps">MARY WARD</hi> (23)</persName>, was indicted
<rs id="t18580201-232-offence-1" type="offenceDescription">
<interp inst="t18580201-232-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18580201-232-offence-1" type="offenceSubcategory" value="coiningOffences"/> for unlawfully uttering counter
<lb/>feit coin. </rs> </p>
<hi rend="smallCaps">MESSRS. BODKIN</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">LAWRENCE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18580201-name-81" type="witnessName">
<interp inst="t18580201-name-81" type="gender" value="male"/>
<interp inst="t18580201-name-81" type="surname" value="SANDERSON"/>
<interp inst="t18580201-name-81" type="given" value="JOHN"/>JOHN SANDERSON</persName> </hi>. On 28th Dec. I saw this prisoner and the last prisoner in Middlesex Street, going towards Amwell Street, they were walking and talking together—they were four or five minutes walk from Mr. Christian's, in Alderman Street—I went in doors for about five minutes, I came out again, and saw the man running away from the policeman.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-82" type="witnessName">
<interp inst="t18580201-name-82" type="gender" value="female"/>
<interp inst="t18580201-name-82" type="surname" value="CHRISTIAN"/>
<interp inst="t18580201-name-82" type="given" value="MARY ANN"/>MARY ANN CHRISTIAN</persName> </hi>. The prisoner came into my shop on 28th Dec.—sheselected a piece of embroidery which came to 2
<hi rend="italic">d</hi>.—she tendered me a florin—I gave it to my husband—I sent my little girl out, she returned, and gave the florin to her father—the prisoner was in my shop—I told her it was bad; she said she knew where she took it—either I or my husband asked her where she lived, and she said in Well Street, Oxford Street—she said she hoped it was not bad—she said she had been to a friend, and taken this as part of 5
<hi rend="italic">s</hi>. which she received.</p>
<hi rend="italic">Prisoner.</hi> Where did you take the florin?
<hi rend="italic">Witness.</hi> Into the parlour, and my husband said he thought it was bad—the little girl was gone about two or three minutes.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-83" type="witnessName">
<interp inst="t18580201-name-83" type="gender" value="female"/>
<interp inst="t18580201-name-83" type="surname" value="CHRISTIAN"/>
<interp inst="t18580201-name-83" type="given" value="ELIZA"/>ELIZA CHRISTIAN</persName> </hi>. On 28th Dec. I saw the prisoner at my mother's—my mother sent me with the 2
<hi rend="italic">s</hi>. piece; I went to Mr. Hull, the baker, I was not gone more than two minutes—I came back and saw my father at the door—Igave him the florin.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-84" type="witnessName">
<interp inst="t18580201-name-84" type="gender" value="male"/>
<interp inst="t18580201-name-84" type="surname" value="CHRISTIAN"/>
<interp inst="t18580201-name-84" type="given" value="JOHN"/>JOHN CHRISTIAN</persName> </hi>. On 28th Dec. my wife brought me a florin, I went to the shop and saw the prisoner—my wife sent the florin out by the little girl, when she came back I was at the door—she gave me the florin; I marked it, and gave it to the officer.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-85" type="witnessName">
<interp inst="t18580201-name-85" type="gender" value="male"/>
<interp inst="t18580201-name-85" type="surname" value="BROOKS"/>
<interp inst="t18580201-name-85" type="given" value="JAMES"/>JAMES BROOKS</persName> </hi> ((
<hi rend="italic">Policeman, S</hi> 334). I was called to Mr. Christian's shop—Isaw the last prisoner about twenty yards from the shop, walking to and fro—I went to him, and he ran away—I captured him, and took him to the station—I asked him in the prisoner's presence if he, knew this woman, he said he knew nothing about her—I afterwards went with Pike to a place where I found this florin—the prisoner was asked to give her address, and she refused to give any—a good half crown and one penny was found on her.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-86" type="witnessName">
<interp inst="t18580201-name-86" type="gender" value="male"/>
<interp inst="t18580201-name-86" type="surname" value="TANNER"/>
<interp inst="t18580201-name-86" type="given" value="RICHARD"/>RICHARD TANNER</persName> </hi>. I know this prisoner and the last prisoner also—they</p>
<xptr type="pageFacsimile" doc="185802010020"/>
<p>have lived together from the beginning of November or the latter end of October—they passed as man and wife—I know she is not his wife.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-87" type="witnessName">
<interp inst="t18580201-name-87" type="gender" value="male"/>
<interp inst="t18580201-name-87" type="surname" value="WEBSTER"/>
<interp inst="t18580201-name-87" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These two florins are both counterfeit, and from the same mould.</p>
<hi rend="smallCaps">
<rs id="t18580201-232-verdict-1" type="verdictDescription">
<interp inst="t18580201-232-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18580201-232-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">
<rs id="t18580201-232-punishment-18" type="punishmentDescription">
<interp inst="t18580201-232-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18580201-232-punishment-18" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-232-18580201 t18580201-232-punishment-18"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18580201-233">
<interp inst="t18580201-233" type="uri" value="sessionsPapers/18580201"/>
<interp inst="t18580201-233" type="date" value="18580201"/>
<join result="criminalCharge" id="t18580201-233-charge-1" targOrder="Y" targets="def1-233-18580201 t18580201-233-offence-1 t18580201-233-verdict-1"/>
<persName id="def1-233-18580201" type="defendantName">
<interp inst="def1-233-18580201" type="gender" value="female"/>
<interp inst="def1-233-18580201" type="age" value="23"/>
<interp inst="def1-233-18580201" type="surname" value="FORDER"/>
<interp inst="def1-233-18580201" type="given" value="ANNIE"/>
<hi rend="largeCaps">ANNIE FORDER</hi> (23)</persName>, was indicted
<rs id="t18580201-233-offence-1" type="offenceDescription">
<interp inst="t18580201-233-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18580201-233-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<hi rend="smallCaps">MR. BODKIN</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18580201-name-89" type="witnessName">
<interp inst="t18580201-name-89" type="gender" value="male"/>
<interp inst="t18580201-name-89" type="surname" value="ROACH"/>
<interp inst="t18580201-name-89" type="given" value="SAMUEL"/>SAMUEL ROACH</persName> </hi>. I am barman at the Gentleman and Porter, Kingsland Road. On 10th Dec, the prisoner came there between 10 and 11 o'clock at night—I had known her before—she asked for a quartern of gin—I served her—it came to 4
<hi rend="italic">d</hi>.; she gave me a 5
<hi rend="italic">s</hi>. piece, I did not notice it being a counterfeit—I was very busy at the time—I gave her change, and she left before I found it bad—I found it was bad in about five minutes—I took it up stairs, and locked it up in a box—on 4th Jan., the prisoner came again between 10 and 11 o'clock at night; she called for a pint of beer, and gave me a counterfeit half crown; I recognised her when she came—I tried the half crown in the detector, I found it was bad, I asked her if she had any more; she said, "No"—I noticed that she gave me the half crown out of a piece of white paper, which appeared to me to have more in it—I spoke to Mr. Wingate, and I told the prisoner that the last time she was there, she gave me a bad 5
<hi rend="italic">s</hi>. piece—she denied it—I fetched a constable, and gave her into custody—I gave the two coins to the constable.</p>
<hi rend="italic">Prisoner.</hi> I knew him twelve years ago, but lost sight of him three years; on the Sunday after Christmas day, he saw me, and took me into the house where he was potman, and treated me with ale—he never mentioned about my giving him a bad 5
<hi rend="italic">s</hi>. piece.
<hi rend="italic">Witness.</hi> I treated her once, but not at the place where I am now—I do not know whether it was before or after she gave me the 5
<hi rend="italic">s</hi>. piece—I did not ask her to meet me and go to a brothel—I I said, "I must go and shut up the house"—I did not tell her never to take any notice to any one.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> How long have you known her?
<hi rend="italic">A.</hi> Since Michaelmas.</p>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> Do you say you had seen her since she gave the 5
<hi rend="italic">s</hi>. piece?
<hi rend="italic">A.</hi> No, just before that—since then I had not seen her.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-90" type="witnessName">
<interp inst="t18580201-name-90" type="gender" value="male"/>
<interp inst="t18580201-name-90" type="surname" value="WINGATE"/>
<interp inst="t18580201-name-90" type="given" value="GEORGE"/>GEORGE WINGATE</persName> </hi>. I am manager of the Gentleman and Porter. The last witness is in my employ—he was in the house before the parties who now keep it took it—we have had it about five months—the witness is still in our employ—on the night the 5
<hi rend="italic">s</hi>. piece was passed, he showed it to me, and told me he had taken it and given change for it—I did not see the prisoner at all—onthe night she brought the half crown, he came to me and said it was the same party that gave the 5
<hi rend="italic">s</hi>. piece—he told her so, and she said it was false—Isent for a constable, and I asked her if she had any more money about her; she said, "No"—I asked her where she lived, and she said in Union Street—whenat the station, she said she lived in New Inn Yard, Shoreditch—I received this crown from my man at the station.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-91" type="witnessName">
<interp inst="t18580201-name-91" type="gender" value="male"/>
<interp inst="t18580201-name-91" type="surname" value="WATTS"/>
<interp inst="t18580201-name-91" type="given" value="ISRAEL"/>ISRAEL WATTS</persName> </hi>
<hi rend="italic">Policeman, N</hi> 184). The prisoner was given into my charge—I received these two coins—the prisoner said she lived in Union Street, and at the station she said she lived in New Inn Yard, Shoreditch—I went there, and they knew nothing of her—1 1/2
<hi rend="italic">d</hi>. was found on her.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-92" type="witnessName">
<interp inst="t18580201-name-92" type="gender" value="male"/>
<interp inst="t18580201-name-92" type="surname" value="WEBSTER"/>
<interp inst="t18580201-name-92" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are both bad.</p>
<hi rend="smallCaps">
<rs id="t18580201-233-verdict-1" type="verdictDescription">
<interp inst="t18580201-233-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18580201-233-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18580201-233-punishment-19" type="punishmentDescription">
<interp inst="t18580201-233-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18580201-233-punishment-19" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-233-18580201 t18580201-233-punishment-19"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18580201-234">
<interp inst="t18580201-234" type="uri" value="sessionsPapers/18580201"/>
<interp inst="t18580201-234" type="date" value="18580201"/>
<join result="criminalCharge" id="t18580201-234-charge-1" targOrder="Y" targets="def1-234-18580201 t18580201-234-offence-1 t18580201-234-verdict-1"/>
<persName id="def1-234-18580201" type="defendantName">
<interp inst="def1-234-18580201" type="gender" value="female"/>
<interp inst="def1-234-18580201" type="age" value="21"/>
<interp inst="def1-234-18580201" type="surname" value="PROSSER"/>
<interp inst="def1-234-18580201" type="given" value="MARY"/>
<hi rend="largeCaps">MARY PROSSER</hi> (21)</persName>, was indicted
<rs id="t18580201-234-offence-1" type="offenceDescription">
<interp inst="t18580201-234-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18580201-234-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<hi rend="smallCaps">MESSRS. LAWRENCE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">ORRIDGE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<xptr type="pageFacsimile" doc="185802010021"/>
<hi rend="smallCaps">
<persName id="t18580201-name-94" type="witnessName">
<interp inst="t18580201-name-94" type="gender" value="male"/>
<interp inst="t18580201-name-94" type="surname" value="ANDREWS"/>
<interp inst="t18580201-name-94" type="given" value="ROBERT WILLIAM"/>ROBERT WILLIAM ANDREWS</persName> </hi>. I keep the Sussex Arms beer shop. On 5th or 6th Jan., the prisoner came to my bar, and asked for a glass of half and half—she gave me in payment a shilling—I gave her change, and put the shilling in the till—I had no other shilling in the till, only a half crown, and some sixpences—about two minutes after the prisoner had gone, I exa
<lb/>mined the shilling, and found it was a bad one—on 14th Jan., the prisoner came again about 10 minutes past 1 o'clock; she asked for a glass of half and half, and gave me a shilling—I knew it was bad, but I gave her the change, and kept the shilling in my hand—she drank the half and half, and went out; I followed her—I met a constable, and gave her in charge—she said why did not I tell her of it before I gave her in charge—I told her about her being at my house before—she denied it.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> When did the prisoner first come to you?
<hi rend="italic">A.</hi> On Tuesday or Wednesday, I cannot tell the day—it was between 1 and 2 o'clock—my trade is not very large—I have only one till—I have a barman—I usually serve—the first time the prisoner called my barman was there, but was not serving—on the second occasion he was there—he is not here to-day—I had never seen the prisoner before she first called—I take an account of my money every night—I put down all the money I take—I never took a bad shilling before—I have only been in business since Nov.—on the second occasion I knew the prisoner the moment she came in, and I suspected the shilling to be bad—I did not tell her so—I did not know what to do—I did not know whether to detain her, or to follow her—there was no compul
<lb/>sion about serving her—I followed her and gave her in charge—I gave her good money in change—she had a child in her arms, as she has now, on both occasions—I did not take notice of the child; I noticed her features—I was not asked whether she had a child before.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-95" type="witnessName">
<interp inst="t18580201-name-95" type="gender" value="male"/>
<interp inst="t18580201-name-95" type="surname" value="WOODHEAD"/>
<interp inst="t18580201-name-95" type="given" value="GEORGE"/>GEORGE WOODHEAD</persName> </hi>, (
<hi rend="italic">Policeman, N</hi> 171). On 14th Jan., I was on duty in the New Road—the last witness came to me, and I took the prisoner into custody—I told her I wanted her for passing a bad shilling—I received these two shillings from Mr. Andrews—he gave me the first before I took the pri
<lb/>soner, and the other while going to the station—3
<hi rend="italic">s</hi>. 10 1/2
<hi rend="italic">d</hi>., in good money, was found on her.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> What charge did Mr. Andrews make against her?
<hi rend="italic">A.</hi> Pass
<lb/>ing a bad shilling—I am quite certain of that.</p>
<hi rend="italic">Q.</hi> You say in your deposition, "Mr. Andrews charged her with uttering two counterfeit shillings?
<hi rend="italic">A.</hi> Yes; he said she had passed one the week before.</p>
<hi rend="italic">Cross-examined. Q.</hi> When did he give you the first shilling?
<hi rend="italic">A.</hi> About two minutes before I took the prisoner—this beer shop is not on my beat; I was on duty in the New Road, about two minutes' walk from the witness's house—I heard him say, in going towards the station, that she had been in his house the week before—she said she had never been in his house before.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-96" type="witnessName">
<interp inst="t18580201-name-96" type="gender" value="male"/>
<interp inst="t18580201-name-96" type="surname" value="ANDREWS"/>
<interp inst="t18580201-name-96" type="given" value="ROBERT WILLIAM"/>ROBERT WILLIAM ANDREWS</persName> </hi>,
<hi rend="italic">re-examined.</hi> These are the two shillings I took from the prisoner—this is the one I took first.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-97" type="witnessName">
<interp inst="t18580201-name-97" type="gender" value="male"/>
<interp inst="t18580201-name-97" type="surname" value="WEBSTER"/>
<interp inst="t18580201-name-97" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are both bad.</p>
<hi rend="smallCaps">
<rs id="t18580201-234-verdict-1" type="verdictDescription">
<interp inst="t18580201-234-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18580201-234-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18580201-235">
<interp inst="t18580201-235" type="uri" value="sessionsPapers/18580201"/>
<interp inst="t18580201-235" type="date" value="18580201"/>
<join result="criminalCharge" id="t18580201-235-charge-1" targOrder="Y" targets="def1-235-18580201 t18580201-235-offence-1 t18580201-235-verdict-1"/>
<persName id="def1-235-18580201" type="defendantName">
<interp inst="def1-235-18580201" type="gender" value="female"/>
<interp inst="def1-235-18580201" type="age" value="24"/>
<interp inst="def1-235-18580201" type="surname" value="MEADOWS"/>
<interp inst="def1-235-18580201" type="given" value="JANE"/>
<hi rend="largeCaps">JANE MEADOWS</hi> (24)</persName> was indicted
<rs id="t18580201-235-offence-1" type="offenceDescription">
<interp inst="t18580201-235-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18580201-235-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<hi rend="smallCaps">MESSRS. BODKIN</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">LAWRENCE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18580201-name-99" type="witnessName">
<interp inst="t18580201-name-99" type="gender" value="female"/>
<interp inst="t18580201-name-99" type="surname" value="YAGER"/>
<interp inst="t18580201-name-99" type="given" value="ROSE"/>ROSE YAGER</persName> </hi>. My husband is a grocer; we live in St. George's in the East. On 18th Jan., between 7 and 8 o'clock in the evening, the prisoner came; she asked first for a candle, then she said she would have half a pound, and then she would have three quarters of a pound—I served her—she then</p>
<xptr type="pageFacsimile" doc="185802010022"/>
<p>had an ounce of tobacco; I served her with that—all the articles came to 8
<hi rend="italic">d</hi>.—she gave me a 5
<hi rend="italic">s</hi>. piece, I tried it, and found it was bad—I told her it was bad; she said, "No, it is not"—she tried to take it out of my hand, but I would not let her; she then wanted to go, and I would not let her—I spoke about a policeman, and I went to the door; she burst the door open, and ran away—I went about twenty yards after her, and stopped her—she offered me 2
<hi rend="italic">d</hi>. and her shawl to let her go—she pulled my hair, but I would not let her go—a constable came, and I gave her into custody, and gave him the 5
<hi rend="italic">s</hi>. piece.</p>
<hi rend="italic">Prisoner.</hi> I did not touch her hair.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-100" type="witnessName">
<interp inst="t18580201-name-100" type="gender" value="male"/>
<interp inst="t18580201-name-100" type="surname" value="SAVAGE"/>
<interp inst="t18580201-name-100" type="given" value="GEORGE"/>GEORGE SAVAGE</persName> </hi> (
<hi rend="italic">Policeman, H</hi> 149). I took the prisoner into custody in Pennington Street, near the London Docks' wall—the prosecutrix had got hold of her by the arm—the prosecutrix's hair was all hanging down her back, and her bonnet was off—she gave me this crown piece—the prisoner was searched at the station, and 2
<hi rend="italic">d</hi>. found on her.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-101" type="witnessName">
<interp inst="t18580201-name-101" type="gender" value="male"/>
<interp inst="t18580201-name-101" type="surname" value="WEBSTER"/>
<interp inst="t18580201-name-101" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This 5
<hi rend="italic">s</hi>. piece is bad.</p>
<hi rend="smallCaps">
<rs id="t18580201-235-verdict-1" type="verdictDescription">
<interp inst="t18580201-235-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18580201-235-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18580201-235-punishment-20" type="punishmentDescription">
<interp inst="t18580201-235-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18580201-235-punishment-20" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-235-18580201 t18580201-235-punishment-20"/>Confined Three Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18580201-236">
<interp inst="t18580201-236" type="uri" value="sessionsPapers/18580201"/>
<interp inst="t18580201-236" type="date" value="18580201"/>
<join result="criminalCharge" id="t18580201-236-charge-1" targOrder="Y" targets="def1-236-18580201 t18580201-236-offence-1 t18580201-236-verdict-1"/>
<persName id="def1-236-18580201" type="defendantName">
<interp inst="def1-236-18580201" type="gender" value="male"/>
<interp inst="def1-236-18580201" type="age" value="30"/>
<interp inst="def1-236-18580201" type="surname" value="WYATT"/>
<interp inst="def1-236-18580201" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE WYATT</hi> (30)</persName> was indicted
<rs id="t18580201-236-offence-1" type="offenceDescription">
<interp inst="t18580201-236-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18580201-236-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<hi rend="smallCaps">MESSRS. BODKIN</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">LAWRENCE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18580201-name-103" type="witnessName">
<interp inst="t18580201-name-103" type="gender" value="male"/>
<interp inst="t18580201-name-103" type="surname" value="HOTINI"/>
<interp inst="t18580201-name-103" type="given" value="JOHN"/>JOHN HOTINI</persName> </hi>. I am a fishmonger, in Shoreditch. The prisoner came to me on 12th Jan., between 12 and 1 o'clock—he asked for four herrings, which came to 6
<hi rend="italic">d</hi>.; I served him—he paid me a crown piece; I took it up, and told him it was bad—I said to him, "Well,
<hi rend="italic">governor</hi>, where did you get this from?" he said he did not know—I asked him where he lived; he said he did not know—I sent for a policeman, and gave him into custody—I gave the crown to the policeman; this is it.</p>
<hi rend="italic">Prisoner.</hi> It was on 9th Jan.
<hi rend="italic">Witness.</hi> No, it was on the 11th or 12th; it was on a Monday.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-104" type="witnessName">
<interp inst="t18580201-name-104" type="gender" value="male"/>
<interp inst="t18580201-name-104" type="surname" value="JONES"/>
<interp inst="t18580201-name-104" type="given" value="HENRY"/>HENRY JONES</persName> </hi>. I am a whip maker, at No. 2, Hackney Road. On 15th Dec. a person, who I believe was the priconer, came and asked for a whip, which he pointed out—I told him the price was 5
<hi rend="italic">s</hi>.—he asked to look at a better one, which he did, but at last he took the one he had first seen—he gave me a 5
<hi rend="italic">s</hi>. piece; I laid it in the drawer—there was no other 5
<hi rend="italic">s</hi>. piece there—in about two hours, I looked at the crown piece; there was then no other in the drawer—I found, on comparing it with other silver, that it was bad—I gave it to Stocker about three hours after I took it.</p>
<hi rend="italic">Prisoner. Q.</hi> What day might this be on?
<hi rend="italic">A.</hi> On 15th Dec.</p>
<hi rend="italic">Prisoner.</hi> I was not up here till the very night before Christmas.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> What time was it?
<hi rend="italic">A.</hi> As near 6 o'clock in the evening as possible—I had a gas light in my shop—by his features and his dress I believe the prisoner was the person—the next time I saw him was at Worship Street Police Court, last Tuesday—I had given information to the policeman on the same evening, and I described the person—when I saw him again there were four others with him—I pointed him out immediately.</p>
<hi rend="italic">Prisoner.</hi> I never was in your shop in my life; I never bought a whip in my life.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-105" type="witnessName">
<interp inst="t18580201-name-105" type="gender" value="male"/>
<interp inst="t18580201-name-105" type="surname" value="STOCKER"/>
<interp inst="t18580201-name-105" type="given" value="JOHN"/>JOHN STOCKER</persName> </hi> (
<hi rend="italic">Policeman, H</hi> 68). Mr. Jones spoke to me on this matter on 15th Dec.; he gave me this crown piece, and gave me a description of the person from whom he had taken it—on 12th Jan. I was called to Mr. Hotini, and took the prisoner—I had communication with Mr. Jones—theprisoner heard what he was charged with—he said he got it at a beer shop, the night before—I asked him where he lived; he said he did</p>
<xptr type="pageFacsimile" doc="185802010023"/>
<p>not know, he lived in Buckinghamshire—I found his lodging, and I found there this dagger knife, and 2 1/4
<hi rend="italic">d</hi>. was found on him.</p>
<hi rend="italic">Prisoner.</hi> I own I offered a 5
<hi rend="italic">s</hi>. piece in the beer shop, but not knowing it was bad; I took it on the Sunday night before.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-106" type="witnessName">
<interp inst="t18580201-name-106" type="gender" value="male"/>
<interp inst="t18580201-name-106" type="surname" value="WEBSTER"/>
<interp inst="t18580201-name-106" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are both bad, and from the same mould.</p>
<hi rend="italic">Prisoner's Defence.</hi> The gentleman swears it was on the 12th, and that was on the right day of the month; the other gentleman brings me here on the 15th, which was Sunday; I was not here on the 15th, I only came the night before Christmas day; I am a native of Berkhampstead, in Hert
<hi rend="smallCaps">
<rs id="t18580201-236-verdict-1" type="verdictDescription">
<interp inst="t18580201-236-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18580201-236-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18580201-236-punishment-21" type="punishmentDescription">
<interp inst="t18580201-236-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18580201-236-punishment-21" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-236-18580201 t18580201-236-punishment-21"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18580201-237">
<interp inst="t18580201-237" type="uri" value="sessionsPapers/18580201"/>
<interp inst="t18580201-237" type="date" value="18580201"/>
<join result="criminalCharge" id="t18580201-237-charge-1" targOrder="Y" targets="def1-237-18580201 t18580201-237-offence-1 t18580201-237-verdict-1"/>
<persName id="def1-237-18580201" type="defendantName">
<interp inst="def1-237-18580201" type="gender" value="male"/>
<interp inst="def1-237-18580201" type="age" value="30"/>
<interp inst="def1-237-18580201" type="surname" value="PHILLIPS"/>
<interp inst="def1-237-18580201" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE PHILLIPS</hi> (30)</persName>, was indicted
<rs id="t18580201-237-offence-1" type="offenceDescription">
<interp inst="t18580201-237-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18580201-237-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<hi rend="smallCaps">MESSRS. BODKIN</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">LAWRENCE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18580201-name-108" type="witnessName">
<interp inst="t18580201-name-108" type="gender" value="male"/>
<interp inst="t18580201-name-108" type="surname" value="TETTMAR"/>
<interp inst="t18580201-name-108" type="given" value="CHARLES"/>CHARLES TETTMAR</persName> </hi>. I am a butcher in Hereford Place., Commercial Road. On the 24th Dec. the prisoner came to my shop between 8 and 9 o'clock in evening for half a pound of steak; I cut him three-quarters of a pound; it came to 6
<hi rend="italic">d</hi>.—he threw down a half crown—my wife took it and gave him 2
<hi rend="italic">s</hi>. change—after he was gone I asked my wife for the half crown—I tried it and found it was bad—I followed the prisoner and he got away—I knew him a week before, and I kept the half crown apart from other coin—on 7th Jan. I saw the prisoner in the road—I went down the road and met a constable and gave him in custody—I took the half crown to the station and gave it to the inspector.</p>
<hi rend="italic">Prisoner. Q.</hi> Did you give the half crown to your mistress?
<hi rend="italic">A.</hi> No, you
<hi rend="italic">chucked</hi> it on the counter, she put it in the till, and gave you 2
<hi rend="italic">s</hi>.—there were no more half crowns in the till—I did not say I never lost sight of it—I said it was never lost sight of—I turned round as you were leaving the shop; you went off very quick; quicker than I could go after you—when you went out you joined another man, and directly I was seen to come out of the door the other man gave a whistle and you ran—I knew you before.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-109" type="witnessName">
<interp inst="t18580201-name-109" type="gender" value="female"/>
<interp inst="t18580201-name-109" type="surname" value="TETTMAR"/>
<interp inst="t18580201-name-109" type="given" value="AMELIA MARGARET"/>AMELIA MARGARET TETTMAR</persName> </hi>. I was in the shop when the prisoner came for the steak—it came to 6
<hi rend="italic">d</hi>.; he threw down a half crown—I gave him the change and put the half crown in the till—there was no other half crown there—there were two or three shillings and a few sixpences—I had just given change.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-110" type="witnessName">
<interp inst="t18580201-name-110" type="gender" value="male"/>
<interp inst="t18580201-name-110" type="surname" value="FITZGERALD"/>
<interp inst="t18580201-name-110" type="given" value="WILLIAM"/>WILLIAM FITZGERALD</persName> </hi> (
<hi rend="italic">Policeman, K</hi> 58). I was on duty on Thursday,7th Jan., between 7 and 8 o'clock—Mr. Tettmar pointed out the prisoner, who was on the opposite side of the road—he was looking towards Mr. Tettmar and me, while Mr. Tettmar was telling me he had passed a bad half crown—the prisoner then walked on sharper than he had before—we followed him, and Mr. Tettmar got in front of him and stopped him, and gave him in charge—I said to him, "Mr. Tettmar charges you with passing a bad half crown on Christmas eve"—he said to Mr. Tettmar,"Me! at your shop? where is your shop?"—I took him to the station, and on the way he put his hand to his mouth, and put something in his mouth—Itook hold of his handkerchief, and he made a noise as if he was swallowing something, and then shuffled his feet about in the gutter—when I took him to the station he said, "I laid down a good half crown on counter and the lady gave me 2
<hi rend="italic">s</hi>. change"—he said he did not run, but walked away—I went with another constable to where the shuffling of his feet took place—I found this other half crown in the soft mud.</p>
<hi rend="italic">Prisoner. Q.</hi> Would not any person make a noise, if a person took them by the handkerchief? what did you take me by the neck for?
<hi rend="italic">A.</hi> Beoause I</p>
<xptr type="pageFacsimile" doc="185802010024"/>
<p>thought you were swallowing something—when I took you, you were with the prosecutor.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-111" type="witnessName">
<interp inst="t18580201-name-111" type="gender" value="male"/>
<interp inst="t18580201-name-111" type="surname" value="BARRY"/>
<interp inst="t18580201-name-111" type="given" value="WILLIAM"/>WILLIAM BARRY</persName> </hi> ((
<hi rend="italic">Policeman, K</hi> 239). I went to the spot, and in the mud I found this half crown—I asked the prisoner if he knew it was bad; he said he did not know anything about it.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-112" type="witnessName">
<interp inst="t18580201-name-112" type="gender" value="male"/>
<interp inst="t18580201-name-112" type="surname" value="WEBSTER"/>
<interp inst="t18580201-name-112" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are both bad.</p>
<hi rend="italic">Prisoner's Defence.</hi> I asked for half a pound of steak; I gave a good half crown; I came out of the shop, there was a bus going by, and I went across the road; I know nothing of the half crown.</p>
<hi rend="smallCaps">
<rs id="t18580201-237-verdict-1" type="verdictDescription">
<interp inst="t18580201-237-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18580201-237-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18580201-237-punishment-22" type="punishmentDescription">
<interp inst="t18580201-237-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18580201-237-punishment-22" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-237-18580201 t18580201-237-punishment-22"/>Confined Four Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18580201-238">
<interp inst="t18580201-238" type="uri" value="sessionsPapers/18580201"/>
<interp inst="t18580201-238" type="date" value="18580201"/>
<join result="criminalCharge" id="t18580201-238-charge-1" targOrder="Y" targets="def1-238-18580201 t18580201-238-offence-1 t18580201-238-verdict-1"/>
<persName id="def1-238-18580201" type="defendantName">
<interp inst="def1-238-18580201" type="gender" value="female"/>
<interp inst="def1-238-18580201" type="age" value="29"/>
<interp inst="def1-238-18580201" type="surname" value="PERRY"/>
<interp inst="def1-238-18580201" type="given" value="SARAH"/>
<hi rend="largeCaps">SARAH PERRY</hi> (29)</persName>, was indicted
<rs id="t18580201-238-offence-1" type="offenceDescription">
<interp inst="t18580201-238-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18580201-238-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<hi rend="smallCaps">MESSRS. BODKIN</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">LAWRENCE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18580201-name-114" type="witnessName">
<interp inst="t18580201-name-114" type="gender" value="male"/>
<interp inst="t18580201-name-114" type="surname" value="TAYLOR"/>
<interp inst="t18580201-name-114" type="given" value="ALFRED"/>ALFRED TAYLOR</persName> </hi>. I am shopman to Mr. Lewis, a grocer, in Howard's Place, Hackney Road. On 14th Jan. the prisoner came and asked for half an ounce of tea and a quarter of a pound of sugar; they came to 2 3/4
<hi rend="italic">d</hi>.—shegave me a shilling, which I put in the front of the till—there were two other shillings at the back—I gave her change, and she left—soon after
<lb/>wards a man came in; he offered me a bad shilling—he ran away directly I told him it was bad—I then examined the shilling I took from the prisoner—Ifound that was bad—I took both the shillings to my master—I went out after the man, but I lost sight of him—I saw the prisoner; I brought her back, and told her she had given me a bad shilling—she said she had not—a constable was sent for, and the money was marked and given to the constable.</p>
<hi rend="italic">Prisoner.</hi> I gave you a shilling and you put it in the till with other silver, and took a sixpence out and gave me change.
<hi rend="italic">Witness.</hi> There were two other shillings in the till, but they were at the back—this one I put in the front—I did bounce your shilling on the counter, but I did not try it—youhad not left the shop half an hour before you passed again—it was not two minutes—directly the man ran out I took the shilling to my master, and I went out after him and saw you.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-115" type="witnessName">
<interp inst="t18580201-name-115" type="gender" value="male"/>
<interp inst="t18580201-name-115" type="surname" value="BRANNAN"/>
<interp inst="t18580201-name-115" type="given" value="OWEN"/>OWEN BRANNAN</persName> </hi> (
<hi rend="italic">Policeman, N</hi> 532). I received the prisoner in custody for tendering a bad shilling—this shilling was marked and given to me—the prisoner was taken to Worship Street station, and remanded and discharged.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-116" type="witnessName">
<interp inst="t18580201-name-116" type="gender" value="male"/>
<interp inst="t18580201-name-116" type="surname" value="MONAGHAN"/>
<interp inst="t18580201-name-116" type="given" value="WILLIAM"/>WILLIAM MONAGHAN</persName> </hi> (
<hi rend="italic">Police sergeant, N</hi> 38). On 22d Jan. I saw the prisoner in Ball's Pond Road—a man was in company with her—I had a constable with me—I believe they saw us following them, and I saw them cross the road and put their hands together as if they were passing something one to the other—when they had crossed they went up a street—I followed and the man was not to be seen, but the prisoner was in front of me for some distance—I followed, and when I got to within ten yards of her I called to her—I watched her and saw her make a motion with her hand—I went to the place, and saw this black bag on the ground—she turned to me, and I laid hold of her and took her to the station—I produced this bag and said, "This is what you have thrown away"—she said, "I have thrown nothing away"—Ifound in the bag these three bad shillings, all wrapped in separate papers—therewas 3 1/2
<hi rend="italic">d</hi>. found on her—the man was taken, but there was not suffi
<lb/>cient evidence against him, and he was discharged.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-117" type="witnessName">
<interp inst="t18580201-name-117" type="gender" value="male"/>
<interp inst="t18580201-name-117" type="surname" value="WEBSTER"/>
<interp inst="t18580201-name-117" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This shilling that was uttered is counterfeit—these three others are counterfeit, and two of them are from the same mould as the one that was uttered.</p>
<hi rend="italic">Prisoner's Defence.</hi> I threw nothing away at all; I know nothing of it;</p>
<xptr type="pageFacsimile" doc="185802010025"/>
<p>on my oath I never had it; if they were in a black bag would not the police
<lb/>man have seen them go from my hand.</p>
<hi rend="smallCaps">COURT</hi>,
<hi rend="italic">to</hi>
<hi rend="smallCaps">WILLIAM MONAGHAN</hi>.
<hi rend="italic">Q.</hi> Was any one near her when she threw away the bag?
<hi rend="italic">A.</hi> No.</p>
<hi rend="smallCaps">
<rs id="t18580201-238-verdict-1" type="verdictDescription">
<interp inst="t18580201-238-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18580201-238-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18580201-238-punishment-23" type="punishmentDescription">
<interp inst="t18580201-238-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t18580201-238-punishment-23" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-238-18580201 t18580201-238-punishment-23"/>Confined Four Months</rs>.</hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, February</hi> 3
<hi rend="italic">rd</hi>, 858.</p>
<hi rend="largeCaps">PRESENT</hi>—The Right Hon. the
<hi rend="smallCaps">LORD MAYOR</hi>; Mr. Justice
<hi rend="smallCaps">WILLIAMS</hi>; Mr. Baron
<hi rend="smallCaps">BRAMWELL</hi>; Mr. Ald.
<hi rend="smallCaps">COPELAND</hi>; Mr. Ald.
<hi rend="smallCaps">CHALLIS</hi>; Mr.
<hi rend="smallCaps">COMMON SERJEANT</hi>; and
<hi rend="smallCaps">MICHAEL PRENDERGAST</hi>, Esq., Q.C.</p>
<hi rend="italic">Before Mr. Justice Williams and the Fourth Jury.</hi> </p>
<div1 type="trialAccount" id="t18580201-239">
<interp inst="t18580201-239" type="uri" value="sessionsPapers/18580201"/>
<interp inst="t18580201-239" type="date" value="18580201"/>
<join result="criminalCharge" id="t18580201-239-charge-1" targOrder="Y" targets="def1-239-18580201 t18580201-239-offence-1 t18580201-239-verdict-1"/>
<join result="criminalCharge" id="t18580201-239-charge-2" targOrder="Y" targets="def2-239-18580201 t18580201-239-offence-1 t18580201-239-verdict-1"/>
<persName id="def1-239-18580201" type="defendantName">
<interp inst="def1-239-18580201" type="gender" value="male"/>
<interp inst="def1-239-18580201" type="surname" value="PIPER"/>
<interp inst="def1-239-18580201" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS PIPER</hi> </persName> and
<persName id="def2-239-18580201" type="defendantName">
<interp inst="def2-239-18580201" type="gender" value="male"/>
<interp inst="def2-239-18580201" type="surname" value="YOUNG"/>
<interp inst="def2-239-18580201" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN YOUNG</hi> </persName> were indicted for
<rs id="t18580201-239-offence-1" type="offenceDescription">
<interp inst="t18580201-239-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18580201-239-offence-1" type="offenceSubcategory" value="theftFromPlace"/> unlaw
<lb/>fully breaking and entering a certain burial ground, and removing certain dead bodies. </rs>
<hi rend="smallCaps">MR. SLEIGH</hi> (
<hi rend="italic">with</hi>
<hi rend="smallCaps">MR. GIFFARD</hi>),
<hi rend="italic">for the Prosecution, offered no evidence.</hi> </p>
<hi rend="smallCaps">
<rs id="t18580201-239-verdict-1" type="verdictDescription">
<interp inst="t18580201-239-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18580201-239-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18580201-240">
<interp inst="t18580201-240" type="uri" value="sessionsPapers/18580201"/>
<interp inst="t18580201-240" type="date" value="18580201"/>
<join result="criminalCharge" id="t18580201-240-charge-1" targOrder="Y" targets="def1-240-18580201 t18580201-240-offence-1 t18580201-240-verdict-1"/>
<join result="criminalCharge" id="t18580201-240-charge-2" targOrder="Y" targets="def2-240-18580201 t18580201-240-offence-1 t18580201-240-verdict-1"/>
<persName id="def1-240-18580201" type="defendantName">
<interp inst="def1-240-18580201" type="gender" value="male"/>
<interp inst="def1-240-18580201" type="age" value="25"/>
<interp inst="def1-240-18580201" type="surname" value="CALLAGHER"/>
<interp inst="def1-240-18580201" type="given" value="JEREMIAH"/>
<hi rend="largeCaps">JEREMIAH CALLAGHER</hi> (25)</persName> and
<persName id="def2-240-18580201" type="defendantName">
<interp inst="def2-240-18580201" type="gender" value="indeterminate"/>
<interp inst="def2-240-18580201" type="age" value="22"/>
<interp inst="def2-240-18580201" type="surname" value="MURPHY"/>
<interp inst="def2-240-18580201" type="given" value="PARTICK"/>
<hi rend="largeCaps">PARTICK MURPHY</hi> (22)</persName> were indicted for
<rs id="t18580201-240-offence-1" type="offenceDescription">
<interp inst="t18580201-240-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18580201-240-offence-1" type="offenceSubcategory" value="murder"/> the wilful murder of
<persName id="t18580201-name-122" type="victimName">
<interp inst="t18580201-name-122" type="gender" value="male"/>
<interp inst="t18580201-name-122" type="surname" value="MORGAN"/>
<interp inst="t18580201-name-122" type="given" value="HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t18580201-240-offence-1 t18580201-name-122"/>Henry Morgan</persName>.—Callagher was also charged upon the Coroner's inquisition with the like offence.</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="t18580201-name-123" type="witnessName">
<interp inst="t18580201-name-123" type="gender" value="male"/>
<interp inst="t18580201-name-123" type="surname" value="PILLARS"/>
<interp inst="t18580201-name-123" type="given" value="JOHN CHARLES CURTIS"/>JOHN CHARLES CURTIS PILLARS</persName> </hi> (
<hi rend="italic">Policeman, K</hi> 422). On 22d Dec. last, between 5 and 6 o'clock in the evening, I was on duty in the Mile End Road; it was the day after Christmas-day, what is called
<hi rend="italic">Boxing</hi>-day—while I was in the Mile End Road I saw the prisoner Callagher; I saw him assault a man named M'Carthy—he struck him with his fist in the face and head—I saw McCarthy bleeding very much from the eyes, nose, and month—I took Callagher into custody for that assault on M'Carthy—this was in the Mile End Road—Callagher was rescued from me by some of the persons who were there, who are not in custody—I pursued him into Leslie Street, and there took him again; he resisted very much, and endeavoured to throw me on my back, and kicked me with his feet—the deceased Henry Morgan, a police constable, came up to my assistance at that time, in Leslie Street—he laid hold of Callagher on the right side, and I on the left—we then succeeded in taking him towards the station, as far as Jubilee Street—there was a large crowd following us as that time, I should say at least 100 persons—they did not interfere with us at all in Leslie Street, but when we got into Jubilee Street, the mob attempted to rescue Callagher; they endeavoured to pull him away from our custody—a very violent struggle took place between Callagher, myself, and Morgan; Callagher said he would not go to the station—there are some railings at the bottom of Leslie Street, which inter
<lb/>cepted his progress—I overtook him there; he laid hold of those railings—thatwas before we got him from Leslie Street into Jubilee Street—it was in Jubilee Street that he said, "I will not go to the station"—at that time both Morgan and I had our staves out—we had our uniforms on; I had on my great coat, with my number on my collar—our staves were drawn in Leslie Street—while we were struggling in Jubilee Street, the prisoner Murphy came up—we were assailed by the mob with stones; I mean, they threw stones at us—Murphy laid hold of Callagher, and attempted to pull him away from us—after a very violent struggle we succeeded in getting him a little further towards the station, through Jubilee Street—then another</p>
<xptr type="pageFacsimile" doc="185802010026"/>
<p>struggle took place between Callagher, myself, and Morgan; Callagher again became very violent; another shower of stones was hurled at us by the mob, several of which hit us in the head and face—Morgan's hat was cut through by the stones—Callagher then said that he would not go any further, no two b----policemen should take him to the station house (this was in Jubilee Street)—he then struck Morgan with his fist, and hit him twice in the left eye, two following blows; they were very severe blows; the second blow caused Morgan to stagger—in consequence of that blow he let go of Callagher, and he said to me, "Mate, that is almost a
<hi rend="italic">settler</hi>"—he said that to me in the presence of the prisoners—Murphy then laid hold of Callagher, and pulled him away, endeavouring to get him away from myself and Morgan—Morganhad let go of him after receiving the second blow in the eye, but took hold of him again directly—Murphy laid hold of Morgan's staff, and pulled him round in this position (sideways); he was standing with his back towards him at the time—Callagher dealt him several very heavy blows with his fist at the back of his head and neck—at that time Morgan's hat was off, I believe—I do not remember whether Morgan, after that, used his staff upon Callagher; I do not recollect—other constables then came up—after, Morgan was struck on the back of the head by Callagher, he received a blow at the back of the head from a stone, which cut through his hat—his hat had been put on again; at least, he had his hat on at that time.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Do you know who threw that stone?
<hi rend="italic">A.</hi> I do not—it was thrown by one of the surrounding mob, I did not see where it came from, the stones came in showers—the road had been newly paved with broken granite.</p>
<hi rend="smallCaps">MR. CLERK</hi>.
<hi rend="italic">Q.</hi> Was that stone the last blow you saw Morgan receive that night?
<hi rend="italic">A.</hi> No; he received another stone which cut through his hat in front of the right eye; that was just at the same moment—with assistance we succeeded in getting Callagher to the station.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you see whether that second blow reached his head?
<hi rend="italic">A.</hi> Yes; it left an impression on his head, it was very slightly cut, it bled a little, it was more a bruise than a cut—I do not know whether the first stone that struck the back of his head produced any effect.</p>
<hi rend="smallCaps">MR. CLERK</hi>.
<hi rend="italic">Q.</hi> Were there any blows struck by Callagher or Murphy after those two stones were thrown?
<hi rend="italic">A.</hi> Yes; Morgan was struck several times, I cannot say by whom—there were stones slung in handkerchiefs—I cannot say for certain as to Callagher or Murphy striking him afterwards—I have here a stone in a handkerchief, which I pulled away from one in the crowd—I believe Morgan was struck with that, I am not certain—we were struck with such stones as this—I have no doubt he was struck with that stone, or a stone of the same kind; there were several—this stone was in the handkerchief in the same way as it is now, used as a sling, I pulled it away from one of the crowd in this state—this other stone I knocked out of Murphy's hand with my staff as he was aiming it at Venables, a constable who came to our assistance—I saw more than one sling of this kind in the crowd; I cannot say who had them; I cannot mention anybody in particular; all those persons were trying to rescue Callagher from us—when the other con
<lb/>stables came up we had to strap Callagher to a stretcher, and we took him in that way to the station—Morgan came and made a charge at the station that night, he assisted in taking Callagher to the station—he did duty until the following Wednesday, I think, and then took to his bed.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi> (
<hi rend="italic">for Callagher). Q.</hi> Were you in the same division as Morgan?
<hi rend="italic">A.</hi> Yes; I did not know him to be ailing and sickly before this; he was a very strong, powerful man, in full vigour and</p>
<xptr type="pageFacsimile" doc="185802010027"/>
<p>health, not ailing at all—when I first came up to Callagher and M'Carthy, in the Mile End Road, there were a few persons present—I had taken him, perhaps, a dozen yards towards the station before the first attempt to rescue him; until I had got about a dozen yards there was no interference—I was then assaulted by a man named Henessey; he said, "Let go, you shall not take him to the station"—Callagher walked along with me until they began the rescue—thefirst attempt to rescue took place in the Mile End Road—there were no stones thrown then, the first shower of stones was in Jubilee Street; they were pieces of granite from the macadamized road—the first attempt to rescue lasted some two or three minutes, perhaps it might be five minutes—I was struck in the Mile End Road—Morgan was not present at that time; he came to my assistance in Leslie Street—I should think there were a hundred persons present in Leslie Street—the mob increased in Jubilee Street, and then they were indiscriminately striking blows, and throwing stones at me and Morgan—it must have been in Jubilee Street that Morgan was struck by the sling, I saw none before that—I could not swear that Morgan was struck by this particular stone, but I believe so—I pulled it from the hand of some person in the mob, he was swinging it about quite close to us—I have no doubt Morgan was struck by it, but I did not see it—I saw him struck by a stone that was hurled at him, but not slung in a handkerchief—I saw one stone, thrown by some person in the mob, strike him on the back of the head, and one on the front.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. LAXTON</hi> (
<hi rend="italic">for Murphy). Q.</hi> Where did you first see Murphy?
<hi rend="italic">A.</hi> In Jubilee Street—at that time the mob were attempting to rescue Callagher; Murphy laid hold of him with others—he did not touch me before that—several others, besides Murphy, tried to rescue him, and laid hold of him—all the mob were attempting to rescue Callagher at that time—Murphytook a very prominent part in it—after that, I and my brother constable struck blows with our staves; we were necessitated to use our staves—I did not strike Murphy; I did not see him struck—other persons in the crowd were struck—Murphy then seized hold of the staff in Mor
<lb/>gan's hand, and he was turned round by it—that was for the purpose of wrenching the staff out of his hand—I do not know that it was to prevent his striking people—he laid hold of it and pulled him, either to take it from him, or to take him from Callagher; he had hold of Callagher at that time—he endeavoured to wrench it from his hand, and in so doing Morgan was turned round—no other person had hold of Morgan at that time—blows had been struck at Morgan before Murphy attempted to wrest the staff out of his hand—Callagher had struck him previous to that—Icannot speak to any one else; I do not know of any other—I do not say that either of these stones were thrown by Murphy at Morgan; the stone that I struck out of Murphy's hand he was going to throw at Venables—I would not swear that Venables was using his staff.; I did not see him; he had it in his hand—he was engaged in quelling the disturbance—he was in plain clothes.</p>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> Did you hear Venables declare that he was a police constable?
<hi rend="italic">A.</hi> Yes—I would not swear how many persons were present when I saw the assault committed on M'Carthy by Callagher; perhaps ten or twelve—the persons that were about at that time did not interfere with my taking Callagher into custody—Leslie Street is about twenty or thirty yards from where the assault took place—it leads into Jubilee Street, and is close to it; there the mob had increased very much—when Callagher said he would go no further there was a large number of persons assembled, I should say at least 100—I saw several stones, slung in handkerchiefs, used in the general</p>
<xptr type="pageFacsimile" doc="185802010028"/>
<p>attempt to rescue Callagher—Murphy was one of the most prominent in the attempt.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-124" type="witnessName">
<interp inst="t18580201-name-124" type="gender" value="male"/>
<interp inst="t18580201-name-124" type="surname" value="VENABLES"/>
<interp inst="t18580201-name-124" type="given" value="THOMAS"/>THOMAS VENABLES</persName> </hi> (
<hi rend="italic">Policeman, K</hi> 141). On the day in question, I was in private clothes—I went to the disturbance in Jubilee Street, between 5 and 6 o'clock in the evening—I found a mob of persons assembled, and should judge there were about 200 or 300—they were surrounding the constables and Callagher, some throwing stones, some trying to get the prisoner away from the constables—I did not see any stones used in handkerchiefs—I saw them, but did not see them used—I saw people in the mob with them in their hands—Isaw stones thrown at the constables; I could not say whether they struck them—when I got up, Callagher was lying on his back kicking and struggling, trying to get away—Morgan and Pillars had hold of him—I saw Callagher strike Morgan several times about the head and face with the fist—Idid not see Murphy do that—I did not see any struggle to get the staff out of the hands of any person—it was nearly over when I got up—a stretcher was procured, Callagher was fastened to it, and carried away—I had a staff with me; I drew it—after I struck Murphy he caught hold of my staff—I did not strike him until after he had struck me—he took me by the collar and struck me on the side of the head, and then I hit him with my staff—abrother constable came up and took him into custody—I got my staff away from him—I was struck by some of the stones—I got my head cut open, and likewise my nose; I do not know who did it; it was some of the mob—Ireceived a blow in the back with a stone tied up in a handkerchief, I believe, from Murphy, but I cannot prove it—I did not see him do it; he was behind me at the time—I was struck between the shoulders as I was in a leaning position—Murphy was the only man that was close to me at that time—I did not see whether he had any thing in his hand—they used very violent language to us.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. LAXTON</hi>.
<hi rend="italic">Q.</hi> I believe for the assault upon you Murphy has been taken before a Magistrate and fined?
<hi rend="italic">A.</hi> Yes—a great many other persons were taken before the Magistrate on this charge, as being engaged in this affray, and being parties to this murder—they were not all discharged.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-125" type="witnessName">
<interp inst="t18580201-name-125" type="gender" value="male"/>
<interp inst="t18580201-name-125" type="surname" value="SWIEE"/>
<interp inst="t18580201-name-125" type="given" value="ROBERT EDWARD"/>ROBERT EDWARD SWIEE</persName> </hi>. I am a surgeon, and live at No. 9, Sykes Ter
<lb/>race, Mile End Road. I saw the commencement of this affray; it was close to my house—I did not see M'Carthy assaulted by Callagher—I saw some of the affray previous to that—at the time that occurred they had moved away a little distance—when I came up the second time, Callagher had stopped at the bottom of Leslie Street, and was holding on to the railings to prevent his being taken on—he was at that time in the custody of Pillars and Morgan—hewent with them from Leslie Street into Jubilee Street—at that time time there was a great crowd surrounding them; I should think 100 persons at least—I followed and kept close to the constables—when they got into Jubilee Street I heard Callagher say that he would go no further, and he attacked both Pillars and Morgan with his fists successively; first Pillars, and afterwards Morgan; he struck them with his fists—I saw him strike Pillars several times; but Morgan only one blow, from which he staggered—that was a blow on the left side of the face or head—it was a severe direct blow with the fist, and it caused him to stagger back a pace or two, and let go his hold—Callagher immediately attacked Pillars again with his fists—Morgan came back to his assistance; he struck Callagher a severe blow on the top of the head with his staff—there were loose stones in Jubilee Street—the road had been mended some little distance further up—</p>
<xptr type="pageFacsimile" doc="185802010029"/>
<p>directly Morgan had knocked Callagher down with the staff, the crowd flung the stones—the mob closed round on them and the stones were flung immedi
<lb/>ately—thatwas the first I saw of the stones—I heard one of the stones strike Morgan on his hat—I saw a stone strike Pillars in the ear, and at the same moment I heard another strike Morgan on the hat—I was close to them then—Ithink the stone struck him on the front part of his hat—I did not see anything of Murphy at that time—shortly afterwards, when Callagher was on his legs again, he wrenched himself away from the custody of Morgan, and Venables took him into custody; then Murphy seized hold of Venables—thatwas the first I saw of Murphy—he seized Venables and endeavoured to rescue Callagher—other constables then came up and secured Callagher and Murphy.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-126" type="witnessName">
<interp inst="t18580201-name-126" type="gender" value="male"/>
<interp inst="t18580201-name-126" type="surname" value="HORTON"/>
<interp inst="t18580201-name-126" type="given" value="JAMES"/>JAMES HORTON</persName> </hi>. I reside in High Street, Stepney, and am surgeon to that divison of the police. I had known the deceased for three or four years—Iwas called to see him on Thursday, 31st Dec., at his house, No.9, Wat
<lb/>ney Street, Commercial Road—I found him lying in bed in a partial state of insensibility—I asked him what he complained of—I roused him with some little difficulty; he wag in a state of stupor; he muttered, rather than spoke, that he had pain in his head, and he kept putting his hand to the left side of his head, and to the back of his head—I was not at that time aware that any violence had been done to him—I looked at the pupils of his eyes, one was contracted, and the other dilated, that indicated pressure on the brain—I con
<lb/>sidered him in a dangerous state—I attended him twice daily, until he died, which was on the Saturday following, 2d Jan.; he never rallied—I made a
<hi rend="italic">post mortem</hi> examination on the 4th—I found a black mark over the left eye—Iexamined carefully all the outer portion of the scalp, and found no other marks of violence, except the blackness over the eye—I then opened the head, and examined to see if there were any bruised marks, but there were none; there were no marks of violence there—I examined the dura mater, the vessels of which were very much congested—I found an escape of about two teaspoons full of black blood from the back part of the head—I did not see any lesion of any vessel from which that blood had escaped—I then exa
<lb/>mined the arachnoid, or second membrane of the brain; I found it inflamed and vascular, with deposits of pus, or matter, on the surface of the mem
<lb/>brane—Ishould think those deposits must have been made within a few days, or, perhaps, a few hours of his death—I consider they were sufficient to account for death—I believe the effusion of blood came from the vessels of the pia mater—that also was sufficient to cause death—the substance of the brain was healthy, but I found fluid in the lateral ventricles; that was not material, it would result from the inflammation of the membranes—I should say that the inflammation was recent—I opened the chest and examined the heart; it was somewhat flabby, and there were considerable adhesions of the pericardium to the heart—I consider they were of some standing, they were firm; I am not aware that those adhesions would indicate anything particular; I should say they would not account at all for the state of the head, the man having been perfectly healthy up to the time of the accident; the state of the heart was in no way due to the adhesions, they may have existed from birth; it is impossible for any one to say—I think that very severe blows on the head would tend to produce congestion of the vessels of the brain, and inflammation of the membranes of the brain, such as I found—I think that blows which left no external mark might cause the appearances I found; it is quite possible that the effusion at the back of the head might have arisen from the rupture of a small vessel at the time the blow was given, although</p>
<xptr type="pageFacsimile" doc="185802010030"/>
<p>that blow might leave no mark; a small vessel might have been ruptured, and a slow effusion taken place, without preventing the deceased from doing his duty; that might be so until the blood had sufficiently accumulated to cause pressure on the brain, and cause death—the state of insensibility in which I first saw him, was quite consistent with that process going on; it was consistent with any pressure on the brain—I had known him for three or four years; he has called at my surgery on various occasions, and to the best of my recollection it was for pains in the head and for indigestion; he had medicine—that was three or four years ago; I had not seen him for the last three years, he made no further application to me; it would be my duty to see him, as surgeon to that part of the force—I gave him some medicine on that occasion, and from that time until his death I did not attend him professionally once—I believe his age was twenty-five or twenty-six, he was a very fine, tall, robust man.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> The proximate cause of death was the pus and the effusion?
<hi rend="italic">A.</hi> Yes—the first I heard of this affray was from his wife, when I was called to see him first; I inquired what was the cause of his being in that state, and the cause of the blow over the eye, and his wife then told me of this.</p>
<hi rend="italic">Q.</hi> Supposing you had heard nothing at all about this affray, but had been merely called in to make the
<hi rend="italic">post mortem</hi> examination, were not the appear
<lb/>ances you found consistent with natural causes?
<hi rend="italic">A.</hi> I should consider that the inflammation of the arachnoid membrane, with the deposit of pus, were consistent with natural causes, and I should also consider that the effusion of blood at the back of the brain, in an older subject, would be consistent with natural causes; but in a man so young, I believe it very rarely indeed, if ever, occurs—I must certainly say, that it might have arisen from natural causes—excitement would probably produce congestion of the membranes of the brain in some cases; and, consequent upon that, you might even get the rupture of the smaller vessels, and the effusion of blood that I saw; still that does not alter my opinion of the case—finding these appearances, if I had not been aware of any cause, I should have been led to make inquiries whether he had received blows on the head—if I had merely been called in to make the
<hi rend="italic">post mortem</hi> examination, I certainly must have concluded that he had died from natural causes, but they were most extraordinary natural causes; I must have considered that there had been no violence, if it was not proved.</p>
<hi rend="smallCaps">
<rs id="t18580201-240-verdict-1" type="verdictDescription">
<interp inst="t18580201-240-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18580201-240-verdict-1" type="verdictSubcategory" value="manslaughter"/>GUILTY</rs> </hi>
<hi rend="italic">of Manslaughter.</hi>
<rs id="t18580201-240-verdict-2" type="verdictDescription">
<interp inst="t18580201-240-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18580201-240-verdict-2" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="italic">The Jury strongly recommended Murphy to mercy, there being no proof of his having struck the deceased.</hi> </rs> </p>
<hi rend="largeCaps">CALLAGHER</hi>
<hi rend="italic">
<rs id="t18580201-240-punishment-24" type="punishmentDescription">
<interp inst="t18580201-240-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t18580201-240-punishment-24" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-240-18580201 t18580201-240-punishment-24"/>Confined Two Years</rs>.</hi> </p>
<hi rend="largeCaps">MURPHY</hi>
<hi rend="italic">
<rs id="t18580201-240-punishment-25" type="punishmentDescription">
<interp inst="t18580201-240-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t18580201-240-punishment-25" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-240-18580201 t18580201-240-punishment-25"/>Confined One Year</rs>.</hi> </p> </div1>
<hi rend="italic">Before Mr. Baron Bramwell, and the First Jury.</hi> </p>
<div1 type="trialAccount" id="t18580201-241">
<interp inst="t18580201-241" type="uri" value="sessionsPapers/18580201"/>
<interp inst="t18580201-241" type="date" value="18580201"/>
<join result="criminalCharge" id="t18580201-241-charge-1" targOrder="Y" targets="def1-241-18580201 t18580201-241-offence-1 t18580201-241-verdict-1"/>
<persName id="def1-241-18580201" type="defendantName">
<interp inst="def1-241-18580201" type="gender" value="male"/>
<interp inst="def1-241-18580201" type="age" value="30"/>
<interp inst="def1-241-18580201" type="surname" value="RILEY"/>
<interp inst="def1-241-18580201" type="given" value="PATRICK"/>
<hi rend="largeCaps">PATRICK RILEY</hi> (30)</persName> was indicted
<rs id="t18580201-241-offence-1" type="offenceDescription">
<interp inst="t18580201-241-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18580201-241-offence-1" type="offenceSubcategory" value="murder"/> for the wilful murder of
<persName id="t18580201-name-128" type="victimName">
<interp inst="t18580201-name-128" type="gender" value="male"/>
<interp inst="t18580201-name-128" type="surname" value="TARBETT"/>
<interp inst="t18580201-name-128" type="given" value="DAVID"/>
<join result="offenceVictim" targOrder="Y" targets="t18580201-241-offence-1 t18580201-name-128"/>David Tarbett</persName>.</rs> </p>
<hi rend="smallCaps">MR. ROBINSON</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18580201-name-129" type="witnessName">
<interp inst="t18580201-name-129" type="gender" value="male"/>
<interp inst="t18580201-name-129" type="surname" value="STEELE"/>
<interp inst="t18580201-name-129" type="given" value="ROBERT"/>ROBERT STEELE</persName> </hi>. I a private in the 2d battalion of the Scotch Fusileer Guards, stationed at Windsor; the deceased David Tarbett was in the same battalion. On 28th Dec, I was in London with him, on leave of absence—on 28th Dec. we were in Rosemary Lane, about 3 o'clock in the day; we were coming from the Commercial Road towards Queen Street, and saw two women fighting, one had a child in her arms; I interfered with them, and said not to strike the child, when I was collared by a mate of the prisoner's—Tarbettat that time was standing by; he did not do any thing—when I inter
<lb/>fered, I merely put up my cane between the two, not to have any fighting;</p>
<xptr type="pageFacsimile" doc="185802010031"/>
<p>the prisoner was not there at that time—I was caught by the coat, my epau
<lb/>lettes torn off, and I lost my cap—I took off my belt, and struck the pri
<lb/>soner's mate with it over the head, when I was overpowered with the crowd—Igot out of the crowd into the street again, and saw my companion knocked down in the street by a hammer; I saw the hammer thrown; that was near the close of the affray, when I got out of it—Tarbett had not been doing any
<lb/>thing during that time—it was the prisoner who threw the hammer, he came out of a tinsmith's shop, he was about eight paces from the deceased when he put his arm up—I cannot say whether it was thrown above hand or under hand; in the excitement of the affray I could not exactly say; it struck him on the right side of the head above the ear; it was a small iron hammer; the prisoner did not say anything at the time he threw it, in my hearing—I was not above four yards from the deceased at the time he received the blow—Tarbettfell—he got up on his feet again, and I afterwards took him to a Burgeon's, and had his head dressed—we went to a public house, but he did not drink any thing; I then parted with him, he was going home to his friends—I did not see him again.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PLATT</hi>.
<hi rend="italic">Q.</hi> There was a great crowd looking on at the women, was there not?
<hi rend="italic">A.</hi> Yes; I could not say how many—I and his brother went with him to the surgeon's, he walked by himself—he said that he would not take any proceedings against the prisoner, he did not want to have any thing to do with him, because he did not think the wound would be of any effect—the deceased and I had not been drinking at different public houses before this, we had had nothing but what we had with our dinners in the Commercial Road—he had no cane—the prisoner came out of a tin
<lb/>smith's shop, I cannot say whether he works there; I saw him come out—I saw the hammer when he came out, it was a very small one—when we first saw the women fighting, Tarbett did not call out to me, "Here is a row, let us come up and see," he did not say anything—we crossed over to the women, I called out to them, and said, "Don't be fighting"—I did not hear the women say, "Mind your own business; go about your business, and don't interfere with us"—Tarbett did not raise a cane and strike the woman; he did not interfere any more than you did, it was I that lifted the cane—we both had our belts on—I did not strike the woman with my belt, I struck a man who, as far as I could learn, was her husband—I did that because I was overpowered by a great crowd, both by the women and their acquaintances—Ido not know whether it was by the prisoner or not, but by the crowd round me—the man had struck me and knocked me down, before I took off my belt—I do not know whether the belt cut him or not—Tarbett did not take off his belt—after striking the man with my belt, I ran away towards Tower Hill, leaving Tarbett there; I came back again, I was not away quite three minutes—Tarbett did not, in my presence, strike the prisoner's wife on the face and nearly knock her down; he never struck her or any per
<lb/>son at all—she did not call out for her husband in my hearing; I heard no woman call out any thing—it was before I went away for the three minutes that I saw the hammer thrown.</p>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> When you held up your cane between the two women, what were they doing?
<hi rend="italic">A.</hi> They were quarrelling—I saw the one without the child strike a blow—I said not to strike the child or to quarrel—I was informed that it was the prisoner's mate who struck me—I did not see them together on that occasion—I did not use any sort of violence, whatever until I was struck by his mate—I do not know whether either of the women was the prisoner's wife.</p>
<xptr type="pageFacsimile" doc="185802010032"/>
<hi rend="smallCaps">
<persName id="t18580201-name-130" type="witnessName">
<interp inst="t18580201-name-130" type="gender" value="female"/>
<interp inst="t18580201-name-130" type="surname" value="HURLEY"/>
<interp inst="t18580201-name-130" type="given" value="JULIA"/>JULIA HURLEY</persName> </hi>. I am the wife of Thomas Hurley, of No. 125, Rosemary Lane. I know the prisoner and his wife—On the afternoon of 28th Dec. I was in Rosemary Lane with a child in my arms coming up towards my own door; a woman came up and asked me whether it was my child, I said, "Yes"—she said, God help me, I had enough to do—I was just telling her that I had buried a fine girl, when another woman came up and struck me—thenthe soldier came up, put up his cane, and said, "Don't, mistress," or "mother, don't strike the woman, with a baby in her arms"—then the crowd all gathered away from me, and I could not tell what happened for a good bit—the soldier who lifted up his cane did not strike any body that I could see—I do not know not know whether any body struck him or not, at that time, not till a good bit afterwards—I saw one blow given by the prisoner on the soldier—I could not tell where he came from—he was close to the soldier at the time he struck—he struck him with a hammer on the head—I saw him put up his hand—I only saw one cane—I do not rightly know whether the other soldier had one.</p>
<hi rend="italic">Cross-examined. Q.</hi> You are not sure, I believe, whether the prisoner threw the hammer, or struck—so?
<hi rend="italic">A.</hi> To the best of my belief the hammer was in his hand, but I could not rightly tell you—I am not quite sure whether he threw it or not—I am not a friend of theirs, I am quite a stranger there—I am a poor woman that has five children, and nobody but God Almighty and myself to provide for them—I do not go about begging; I would not let my children go without, if I had nothing to give them—I do not go about regularly every day as a beggar—I do not support myself almost entirely by begging—I have got a little boy, and some days he will bring me a half crown, and some days not a shilling—I do not send him out begging; he goes out shoe cleaning—I do not live with my husband; he left me three months ago, the Monday after my little girl was buried, and where he went to I cannot tell; I was a good wife to him—I dare say the policeman in this case has been talking to me about this matter; he has spoken to me twice about what I had to say—I did not wish to come up here against the prisoner, because they are a
<hi rend="italic">long tailed</hi> family, and I am afraid of my life every day; I would rather not have had any thing to do with it—I did not go to the prisoner's house two days after this, and begin drinking with his wife; I do not know where his house is, and never was there in my life—I have not been repeatedly drinking with his wife since this occurrence—I can not say I have never done so.</p>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> You never saw the soldiers before that day?
<hi rend="italic">A.</hi> No—Iwas willing to come and tell the truth, but I am afraid of my life—my husband did not leave me on account of my drunken habits—he has left all the children with me.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Do you know who the woman was who was speaking to you, and asking if the children were yours?
<hi rend="italic">A.</hi> I do not know her name—it was the prisoner's wife—I did not know her name; she spoke to me first; then another woman came up and struck me—it was not the prisoner's wife who struck me first, but another woman—she did not say why she struck me; I did not open my lips to her; I was only speaking to the prisoner's wife, and the other woman came and struck me—she did not say any thing when she struck me—I did not ask her why she did it; I had not time, because I was thunderstruck, and only tried to protect myself, and then the soldier came up and put up his cane.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-131" type="witnessName">
<interp inst="t18580201-name-131" type="gender" value="male"/>
<interp inst="t18580201-name-131" type="surname" value="FULLER"/>
<interp inst="t18580201-name-131" type="given" value="SAMUEL"/>SAMUEL FULLER</persName> </hi> (
<hi rend="italic">Policeman H</hi> 153). From information I received on 4th Jan., I took the prisoner into custody in Royal Mint Street—I told him I wanted him for assaulting a soldier on the 28th Dec., against the Clock House</p>
<xptr type="pageFacsimile" doc="185802010033"/>
<p>public house—at that time the deceased was living—he said he was not there, and knew nothing of it—I saw Tarbett next day at Windsor barracks, or hospital—I took the prisoner down to Windsor on the 5th, and Tarbett made a deposition before a Magistrate—the prisoner heard what he said, and had an opportunity of cross-examining him—I saw the Magistrate append his signature to it; this is it (
<hi rend="italic">produced</hi>)—I did not see Tarbett after he was dead—on 5th Jan., while we were at the hospital, the prisoner told me that the deceased struck his mate's wife, and he got a cut with the hammer, and he gave it to him—thosewere the words he used, to the best of my recollection. (
<hi rend="italic">The deposition of David Tarbett was read as follows:</hi>—"I am a private in the 2d battalion of the Scotch Fusileer Guards, stationed—I was on three days leave, from Thursday, 24th Dec. last—I went to London—on Monday, 28th Dec. last, I was in Rosemary Lane, near the Tower of London—I was going home towards Queen Street—Robert Steele, a private in the same battalion, was with me—Isaw two women fighting; one woman was striking another with a child in her arms—Steele interfered with them to quiet them, and a man went to strike him—I stepped forward to protect my comrade, Steele, and was trying to get him away, when some man behind me struck me on the side of the head with a hammer; the blow made me insensible—there was a great crowd round the man now present—Patrick Riley is very like the man who struck me, but I cannot positively swear to him."</p>
<hi rend="smallCaps">
<persName id="t18580201-name-132" type="witnessName">
<interp inst="t18580201-name-132" type="gender" value="male"/>
<interp inst="t18580201-name-132" type="surname" value="ROBINSON"/>
<interp inst="t18580201-name-132" type="given" value="FREDERICK"/>FREDERICK ROBINSON</persName> </hi>. I am battalion surgeon to the Fusilier Guards at Windsor—Tarbett was admitted to the hospital on 2d Jan.—he was in a state of partial insensibility—I examined his head; I found a wound there nearly healed—from the symptoms, I considered it necessary to enlarge the wound, and I then discovered a fracture of the skull—after the operation of trephining was performed he recovered his sensibility—he continued to do well until within two days of his decease, when he became worse, and died on 26th Jan.—in my judgment a blow from a hammer would cause the appearances I found on the skull, and that blow would cause death—the injury to the skull was the cause of death—I examined the head after death—I was present at the examination by the Magistrate—I saw this policeman there.</p>
<hi rend="italic">Cross-examined. Q.</hi> On what day did you perform the operation of tre
<hi rend="italic">A.</hi> On the day of his admission, the 2d Jan.—I do not know what course of living he adopted from the time of the injury to the time of his admission—he was at Windsor—It would have been possible for him to recover from such an injury without any operation at all, supposing he had lived carefully and had abstained from drinking—the operation of trephining is one of the very last resort; it is an operation which is mostly fatal—I did not think, at the time this operation was performed, that it was one attended with very considerable danger to the patient; but I considered that the case was one of imminent danger, and had not the patient been operated upon he would have died—it is an operation which is frequently fatal; it would be doubly dangerous, and most probably end mortally, if he had been out drink
<lb/>ing previously; that would add to the danger—he died from abscess; that is a common result of inflammation—he died on 26th Jan.—that would be twenty-four days subsequent to the operation—I am able to state that death did not proceed from the operation—the abscess was seated some distance from the seat of the operation.</p>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> Do you believe he could possibly have recovered if you had not resorted to that treatment?
<hi rend="italic">A.</hi> I do not.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You were asked a question, and adopted the expression, "Had he lived carefully and abstained from drinking." Did you mean to express</p>
<xptr type="pageFacsimile" doc="185802010034"/>
<p>any opinion that he had not lived carefully, or that he had been drinking?
<hi rend="italic">A.</hi> I am ignorant of that; it was a question of possibility, put to me, as I understood; the injury to the skull might possibly have been cured without trephining, and, with that view, abstinence from drink and careful living would have been necessary.</p>
<hi rend="smallCaps">MR. PLATT</hi>.
<hi rend="italic">Q.</hi> Was not that part of the skull which was struck by this instrument particularly thin for a man of that age?
<hi rend="italic">A.</hi> It was thinner than is usually met with.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Bearing in mind that particular condition of his head, would a light or trifling blow have inflicted the injury, or must it have been a blow given with violence, or with an instrument of some weight?
<hi rend="italic">A.</hi> I think the blow must have been given with violence, or if the instrument was thrown, it must have been thrown with force.</p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> Is it usual in such cases to have a second opinion?
<hi rend="italic">A.</hi> I had a second opinion from my colleague—I am not prepared to state the average number of these cases that have been successful.</p>
<hi rend="smallCaps">MR. PLATT</hi>
<hi rend="italic">called the following Witnesses for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18580201-name-133" type="witnessName">
<interp inst="t18580201-name-133" type="gender" value="male"/>
<interp inst="t18580201-name-133" type="surname" value="SULLIVAN"/>
<interp inst="t18580201-name-133" type="given" value="WILLIAM"/>WILLIAM SULLIVAN</persName> </hi>. I am a jobbing whitesmith. The prisoner occa
<lb/>sionally works at No. 124, Royal Mint Street—on the afternoon in question, about 3 o'clock, I was coming home, by way of Tower Hill, and saw a crowd of people, and a party of women fighting outside No. 124, Royal Mint Street—Iremained some little time on the opposite side of the way, looking on—afterbeing there a few minutes, I saw two soldiers coming along, the witness Steele was one of them, Tarbett was the other—one of them said, "Oh! here is a
<hi rend="italic">row</hi>; let us come over"—they crossed over the road; Steele had a cane, I did not see one with Tarbett—Steele said to one of the women that was fighting, "Don't be fighting old woman, or hurt the child"—the woman told him to go away, and mind his own business; and I dare say she said something more unpleasant to him, which I did not exactly hear; but he struck her two or three times over the head and face—I saw that—I cannot exactly say which of the three women it was; there were three of them in it, the prisoner's wife, the witness Hurley, and another, the wife of a man named Maloney—the prosecutor's mate, struck her two or three times over the head and face with the cane, and she pushed him—her husband was coming out, and made way to get between them, and Steele took off his belt and struck Maloney in the face with it—Tarbett had his belt on, I believe, I did not see it taken off; Maloney then thought to strike Steele, but he got out of the crowd—Tarbett got very much excited at seeing his comrade about to be struck, and he laid hold of the prisoner's wife, and struck her in the face—I saw that—she fell, and called out, "Murder!" and for the protection of her husband—Riley appeared to be at work inside the shop, he came out imme
<lb/>diately after his wife called out; he had a hammer in his hand; it was a small hammer, apparently about a few ounces weight, somewhere about a foot long, with a small head—he flung it at the deceased, I cannot say that I saw it strike him, though I saw him put his hand up to his head—that was all I saw.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> How long have you known Riley?
<hi rend="italic">A.</hi> Upwards of five or six years—I have had occasion to know his character and his habits; I am pretty intimate with him, but no relation—I live at the bottom of Royal Mint Street; I am intimate with his family—I am not inti
<lb/>mate with the Maloneys—I do not know where Maloney is—I have seen him about this place to-day, and his wife also—it was on the prisoner's wife crying out "Murder!" that he came out—he saw his wife down on the ground—I told</p>
<xptr type="pageFacsimile" doc="185802010035"/>
<p>you she fell down after receiving the blow from the deceased—Riley was in
<lb/>side the shop when his wife was struck—I do not know whether he saw it; it is partly an open shop; being a tinman's premises; he might have seen it—therewas a great crowd; it was shortly after
<hi rend="italic">boxing</hi>-day, when drink is given by publicans, and the people are mostly all drunk—Tarbett was about five or six paces from the shop, out towards the road, a little to the side of it—I have never seen the hammer since, and I had never seen it before; it was a small hammer; it was similar to what I use in my business, but not so heavy—therewere not several persons about there that I knew—the prisoner lives some 200 or 300 yard from there—I do not live in the same house—I stood quietly on the other side of the way during the whole time; of course I was not going to interfere—I did not see any blow struck by either of the women; they were arguing for some time before I came up; they were fighting with their tongues—they were in conflict when I came to the spot.</p>
<hi rend="smallCaps">
<rs id="t18580201-241-verdict-1" type="verdictDescription">
<interp inst="t18580201-241-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18580201-241-verdict-1" type="verdictSubcategory" value="manslaughter"/>GUILTY</rs> </hi>
<hi rend="italic">of Manslaughter.—Recommended to mercy by one of the Jury, on the ground that he might be under the impression that his wife had been ill used.—
<rs id="t18580201-241-punishment-26" type="punishmentDescription">
<interp inst="t18580201-241-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t18580201-241-punishment-26" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-241-18580201 t18580201-241-punishment-26"/>Confined One Year</rs>.</hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday, February</hi> 3
<hi rend="italic">rd</hi>, 1858.</p>
<hi rend="largeCaps">PRESENT</hi>—Sir
<hi rend="smallCaps">GEORGE CARROLL</hi>, Knt., Ald.; Mr.
<hi rend="smallCaps">RECORDER</hi>; and Mr.</p>
<hi rend="smallCaps">GABRIEL</hi>.</p>
<hi rend="italic">Before Mr. Recorder and the Sixth Jury.</hi> </p>
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<interp inst="t18580201-242" type="uri" value="sessionsPapers/18580201"/>
<interp inst="t18580201-242" type="date" value="18580201"/>
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<persName id="def1-242-18580201" type="defendantName">
<interp inst="def1-242-18580201" type="gender" value="male"/>
<interp inst="def1-242-18580201" type="age" value="47"/>
<interp inst="def1-242-18580201" type="surname" value="HORTON"/>
<interp inst="def1-242-18580201" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN HORTON</hi> (47)</persName> was indicted
<rs id="t18580201-242-offence-1" type="offenceDescription">
<interp inst="t18580201-242-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18580201-242-offence-1" type="offenceSubcategory" value="forgery"/> for forging and uttering, on
<rs id="t18580201-cd-4" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18580201-242-offence-1 t18580201-cd-4"/>12th Nov</rs>., an acceptance of a bill for 20
<hi rend="italic">l</hi>.;
<hi rend="italic">also</hi>, on
<rs id="t18580201-cd-5" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18580201-242-offence-1 t18580201-cd-5"/>14th Nov</rs>., an accept
<lb/>ance of a bill for 18
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.;
<hi rend="italic">also</hi>, on
<rs id="t18580201-cd-6" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18580201-242-offence-1 t18580201-cd-6"/>2d Nov</rs>., an acceptance, of a bill for 23
<hi rend="italic">l</hi>.;
<hi rend="italic">also</hi>, on
<rs id="t18580201-cd-7" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18580201-242-offence-1 t18580201-cd-7"/>3d Dec</rs>., an acceptance of a bill for 28
<hi rend="italic">l</hi>.; with intent to defraud: to all which he
<hi rend="smallCaps">
<rs id="t18580201-242-verdict-1" type="verdictDescription">
<interp inst="t18580201-242-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18580201-242-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>, </rs>
<hi rend="italic">and received a good character.—
<rs id="t18580201-242-punishment-27" type="punishmentDescription">
<interp inst="t18580201-242-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t18580201-242-punishment-27" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-242-18580201 t18580201-242-punishment-27"/>Five Years Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18580201-243">
<interp inst="t18580201-243" type="uri" value="sessionsPapers/18580201"/>
<interp inst="t18580201-243" type="date" value="18580201"/>
<join result="criminalCharge" id="t18580201-243-charge-1" targOrder="Y" targets="def1-243-18580201 t18580201-243-offence-1 t18580201-243-verdict-1"/>
<persName id="def1-243-18580201" type="defendantName">
<interp inst="def1-243-18580201" type="gender" value="male"/>
<interp inst="def1-243-18580201" type="age" value="57"/>
<interp inst="def1-243-18580201" type="surname" value="RIDER"/>
<interp inst="def1-243-18580201" type="given" value="RICHARD"/>
<hi rend="largeCaps">RICHARD RIDER</hi> (57)</persName> was indicted
<rs id="t18580201-243-offence-1" type="offenceDescription">
<interp inst="t18580201-243-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18580201-243-offence-1" type="offenceSubcategory" value="forgery"/> for forging and uttering, on
<rs id="t18580201-cd-8" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18580201-243-offence-1 t18580201-cd-8"/>18th July</rs>, an order for payment of 26
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>.;
<hi rend="italic">also</hi>, on
<rs id="t18580201-cd-9" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18580201-243-offence-1 t18580201-cd-9"/>24th Oct</rs>., an order for payment of 32
<hi rend="italic">l</hi>. 17
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.;
<hi rend="italic">also</hi>, on
<rs id="t18580201-cd-10" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18580201-243-offence-1 t18580201-cd-10"/>17th Jan</rs>., an order for payment of 81
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>.; to all of which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18580201-243-verdict-1" type="verdictDescription">
<interp inst="t18580201-243-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18580201-243-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18580201-243-punishment-28" type="punishmentDescription">
<interp inst="t18580201-243-punishment-28" type="punishmentCategory" value="imprison"/>
<interp inst="t18580201-243-punishment-28" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-243-18580201 t18580201-243-punishment-28"/>Four Years Penal Servitude.</rs> </hi> </p> </div1>
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<interp inst="t18580201-244" type="uri" value="sessionsPapers/18580201"/>
<interp inst="t18580201-244" type="date" value="18580201"/>
<join result="criminalCharge" id="t18580201-244-charge-1" targOrder="Y" targets="def1-244-18580201 t18580201-244-offence-1 t18580201-244-verdict-1"/>
<persName id="def1-244-18580201" type="defendantName">
<interp inst="def1-244-18580201" type="gender" value="male"/>
<interp inst="def1-244-18580201" type="age" value="19"/>
<interp inst="def1-244-18580201" type="surname" value="HEALEY"/>
<interp inst="def1-244-18580201" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN HEALEY</hi> (19)</persName> was indicted
<rs id="t18580201-244-offence-1" type="offenceDescription">
<interp inst="t18580201-244-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18580201-244-offence-1" type="offenceSubcategory" value="robbery"/> for a robbery on
<persName id="t18580201-name-137" type="victimName">
<interp inst="t18580201-name-137" type="gender" value="female"/>
<interp inst="t18580201-name-137" type="surname" value="ELLIS"/>
<interp inst="t18580201-name-137" type="given" value="MARY ANN"/>
<join result="offenceVictim" targOrder="Y" targets="t18580201-244-offence-1 t18580201-name-137"/>Mary Ann Ellis</persName>, and stealing from her person, and against her will, 26 yards of linen cloth, 1 shirt, and 1 piece of paper, value 3
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>.; her property.</rs> </p>
<hi rend="smallCaps">
<persName id="t18580201-name-138" type="witnessName">
<interp inst="t18580201-name-138" type="gender" value="female"/>
<interp inst="t18580201-name-138" type="surname" value="ELLIS"/>
<interp inst="t18580201-name-138" type="given" value="MARY ANN"/>MARY ANN ELLIS</persName> </hi>. I live in Wharf Road, Kingsland Road; I work for Mr. Silver, in the City. On the evening of 27th Jan. I went and got the materials to make half a dozen linen shirts, and one pattern shirt; they were done up in a paper parcel—I was going home, and as I went along Bishopsgate Street, the prisoner came out of a court, and took the parcel from under my right arm—he ran up the court, and I after him—he got to a place where I lost sight of him—I saw the face of the person who took the parcel—I met the policeman, and he got the prisoner; he was the person who had taken my parcel.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-139" type="witnessName">
<interp inst="t18580201-name-139" type="gender" value="male"/>
<interp inst="t18580201-name-139" type="surname" value="TILLEY"/>
<interp inst="t18580201-name-139" type="given" value="GEORGE"/>GEORGE TILLEY</persName> </hi> (
<hi rend="italic">City policeman</hi>, 643). On the night of 27th Jan. I was on duty, and received information, in consequence of which I went into Angel Alley—I saw the prisoner coming over some ruins—I looked at him,</p>
<xptr type="pageFacsimile" doc="185802010036"/>
<p>and asked him what he had done with the bundle—he said he came from Bishopsgate Street, and he had seen no bundle—I took him back to the corner of the ruins, and found this bundle at the part where I saw him coming from—I found the piece of paper the next morning, with the party's name on it—when I took the prisoner to the last witness, she said, "That is the man that took my bundle in Bishopsgate Street"—he made no reply.</p>
<hi rend="italic">Prisoner.</hi> He took another boy first, and they said that was not the boy, and he took me.
<hi rend="italic">Witness.</hi> There were several boys about, but no one was charged but the prisoner.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-140" type="witnessName">
<interp inst="t18580201-name-140" type="gender" value="female"/>
<interp inst="t18580201-name-140" type="surname" value="ELLIS"/>
<interp inst="t18580201-name-140" type="given" value="MARY ANN"/>MARY ANN ELLIS</persName> </hi>
<hi rend="italic">re-examined.</hi> These are the things I received from Mr. Silver, and this is the paper they were in.</p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> Are you quite certain about the prisoner, or have you any doubt?
<hi rend="italic">A.</hi> I looked at him so closely that I can swear to him—there were all the lights of the shops on him—it was half past 6 o'clock—he was not away from me five minutes.</p>
<hi rend="smallCaps">
<rs id="t18580201-244-verdict-1" type="verdictDescription">
<interp inst="t18580201-244-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18580201-244-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. **—
<hi rend="italic">
<rs id="t18580201-244-punishment-29" type="punishmentDescription">
<interp inst="t18580201-244-punishment-29" type="punishmentCategory" value="imprison"/>
<interp inst="t18580201-244-punishment-29" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-244-18580201 t18580201-244-punishment-29"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Wednesday, February</hi> 3
<hi rend="italic">rd</hi>, 1858.</p>
<hi rend="largeCaps">PRESENT</hi>—Mr. Ald.
<hi rend="smallCaps">CHALLIS</hi>; Mr. Ald.
<hi rend="smallCaps">WIRE</hi>; and Mr.
<hi rend="smallCaps">COMMON SERJEANT</hi>.</p>
<hi rend="italic">Before Mr. Common Serjeant and the Seventh Jury.</hi> </p>
<div1 type="trialAccount" id="t18580201-245">
<interp inst="t18580201-245" type="uri" value="sessionsPapers/18580201"/>
<interp inst="t18580201-245" type="date" value="18580201"/>
<join result="criminalCharge" id="t18580201-245-charge-1" targOrder="Y" targets="def1-245-18580201 t18580201-245-offence-1 t18580201-245-verdict-1"/>
<persName id="def1-245-18580201" type="defendantName">
<interp inst="def1-245-18580201" type="gender" value="male"/>
<interp inst="def1-245-18580201" type="age" value="15"/>
<interp inst="def1-245-18580201" type="surname" value="MARSH"/>
<interp inst="def1-245-18580201" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES MARSH</hi> (15)</persName>
<rs id="t18580201-245-offence-1" type="offenceDescription">
<interp inst="t18580201-245-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18580201-245-offence-1" type="offenceSubcategory" value="embezzlement"/>, Embezzling the sums of 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. and 2
<hi rend="italic">s</hi>.;
<hi rend="italic">also</hi>, 1
<hi rend="italic">s</hi>. and 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.;
<hi rend="italic">also</hi>, 1
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>.,9
<hi rend="italic">d</hi>., and 10
<hi rend="italic">s</hi>.; the moneys of
<persName id="t18580201-name-142" type="victimName">
<interp inst="t18580201-name-142" type="gender" value="male"/>
<interp inst="t18580201-name-142" type="surname" value="MORISSE"/>
<interp inst="t18580201-name-142" type="given" value="WALTER"/>
<join result="offenceVictim" targOrder="Y" targets="t18580201-245-offence-1 t18580201-name-142"/>Walter Morisse</persName>, his master: to all of which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18580201-245-verdict-1" type="verdictDescription">
<interp inst="t18580201-245-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18580201-245-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY.—</rs>
<rs id="t18580201-245-punishment-30" type="punishmentDescription">
<interp inst="t18580201-245-punishment-30" type="punishmentCategory" value="noPunish"/>
<interp inst="t18580201-245-punishment-30" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-245-18580201 t18580201-245-punishment-30"/>
<hi rend="italic">Judgment Respited.</hi> </rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18580201-246">
<interp inst="t18580201-246" type="uri" value="sessionsPapers/18580201"/>
<interp inst="t18580201-246" type="date" value="18580201"/>
<join result="criminalCharge" id="t18580201-246-charge-1" targOrder="Y" targets="def1-246-18580201 t18580201-246-offence-1 t18580201-246-verdict-2"/>
<join result="criminalCharge" id="t18580201-246-charge-2" targOrder="Y" targets="def2-246-18580201 t18580201-246-offence-1 t18580201-246-verdict-1"/>
<persName id="def1-246-18580201" type="defendantName">
<interp inst="def1-246-18580201" type="gender" value="male"/>
<interp inst="def1-246-18580201" type="age" value="23"/>
<interp inst="def1-246-18580201" type="surname" value="VERNON"/>
<interp inst="def1-246-18580201" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN VERNON</hi> (23)</persName> and
<persName id="def2-246-18580201" type="defendantName">
<interp inst="def2-246-18580201" type="gender" value="female"/>
<interp inst="def2-246-18580201" type="age" value="26"/>
<interp inst="def2-246-18580201" type="surname" value="JAMES"/>
<interp inst="def2-246-18580201" type="given" value="ELIZA"/>
<hi rend="largeCaps">ELIZA JAMES</hi> (26)</persName>
<rs id="t18580201-246-offence-1" type="offenceDescription">
<interp inst="t18580201-246-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18580201-246-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully having counterfeit coin in their possession; with intent to utter it: to which</rs> </p>
<hi rend="largeCaps">JAMES</hi>
<hi rend="smallCaps">
<rs id="t18580201-246-verdict-1" type="verdictDescription">
<interp inst="t18580201-246-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18580201-246-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18580201-246-punishment-31" type="punishmentDescription">
<interp inst="t18580201-246-punishment-31" type="punishmentCategory" value="imprison"/>
<interp inst="t18580201-246-punishment-31" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-246-18580201 t18580201-246-punishment-31"/>Confined Twelve Months</rs>.</hi> </p>
<hi rend="smallCaps">MESSRS. TINDAL ATKINSON</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MEW</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18580201-name-145" type="witnessName">
<interp inst="t18580201-name-145" type="gender" value="male"/>
<interp inst="t18580201-name-145" type="surname" value="SWANN"/>
<interp inst="t18580201-name-145" type="given" value="CHARLES"/>CHARLES SWANN</persName> </hi>. I am a shipwright, of Regent Street, Blackwall. On 4th Jan., about 6 o'clock in the evening, I was in High Street, Poplar, and saw the prisoners and another man and woman opposite the Coopers' Arms, at the corner of Robin Hood Lane—James took something in a paper out of his pocket, gave something out of it to the men, and the two men went across the road into the Coopers' Arms, and called for some gin—I just looked inside the door, and told the barman something—I saw the two men at the bar; they paid with a 2
<hi rend="italic">s</hi>. piece—I cannot say which laid it down—I did not see it tried or returned to them—they went out, and went across the road to a little beer shop, Taylor's, and the women stood in the road—I went in directly they came out—I found a policeman towards Poplar, and he followed them with me to Shore and Brill's clothes shop—one of the men went in there, and the prisoners were over the road—the man came out, kept on the same side, and walked a little further up—Vernon went towards Commodore Court, and the other man walked towards High Street—I lost sight of the women—Iafterwards saw James coming down to Vernon, but she did not join him, as a constable seized hold of her.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-146" type="witnessName">
<interp inst="t18580201-name-146" type="gender" value="female"/>
<interp inst="t18580201-name-146" type="surname" value="MARKS"/>
<interp inst="t18580201-name-146" type="given" value="CATHERINE"/>CATHERINE MARKS</persName> </hi>. I manage the business of my sister, who keeps the Coopers' Arms, High Street, Poplar. On 4th Jan., about 6 o'clock, Vernon and another man came in for half a quartern of gin; one of them gave me a 2
<hi rend="italic">s</hi>. piece; I bent it in the detector, returned it, and said, "You must give me better money"—Vernon took it up, looked at it, and handed it to the</p>
<xptr type="pageFacsimile" doc="185802010037"/>
<p>other, who said that he had taken it in change for a sovereign—one of them then laid down two penny pieces, and they went away.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-147" type="witnessName">
<interp inst="t18580201-name-147" type="gender" value="male"/>
<interp inst="t18580201-name-147" type="surname" value="DUGAN"/>
<interp inst="t18580201-name-147" type="given" value="EDWARD"/>EDWARD DUGAN</persName> </hi> (
<hi rend="italic">Policeman, K</hi> 71). On 4th Jan., about 6 o'clock, I met Swann, and we followed the prisoners and a man—I saw the two prisoners go up Commodore Court, while the other person went into a shop—I went past the court, and returned to see what the man was doing in the shop—the prisoners came down to the bottom of the court, and stood speaking to each other—I asked Vernon where he lived; he said, "What is that to you?"—Jameswalked on—I asked him what he had been doing at Mrs. Bel
<lb/>cham's; he said, "I know nothing about Mrs. Belcham's"—I said, "The public house at the bottom of the street," and told him I should take him for attempting to pass counterfeit coin there—I took hold of him, and he became very violent, and tore the collar of his coat—James came back, and I asked him if he knew her; he said, "No"—another constable came, and took him by the collar, and I laid hold of James, and held her as long as I could, but Vernon took me by my belt, and James struggled and got away; I followed her, and found her in custody of a person named Hall, at the railway bridge—shehad 13
<hi rend="italic">d</hi>. in copper in her right hand—I took hold of her hand, and she said, "It is all right; these are coppers"—I had not charged her with any thing then—Hall and I afterwards went back to the railway, which runs under the street, near the bridge, and I saw him pick up a florin and two shillings, which were lying on the rails, also a small piece of paper, which had a circle on it from coin, but I have lost that; it was gone when I got to the station—the coin was about fifty paces from where the prisoners had been standing—James was taken on the bridge.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-148" type="witnessName">
<interp inst="t18580201-name-148" type="gender" value="male"/>
<interp inst="t18580201-name-148" type="surname" value="HALL"/>
<interp inst="t18580201-name-148" type="given" value="HENRY"/>HENRY HALL</persName> </hi>. I am a shipwright, of High Street, Poplar. On 4th Jan. I saw the prisoners and another man—James gave the two men something; the other man crossed to Shaw and Brill's, and I saw money in his hand—I walked up towards Arrow Lane, watching the woman, and lost sight of her—Iwas talking to a gentleman, and we saw the woman run towards us—someone called out to stop her, and she lifted up her right hand, and threw something—I caught her in my arms—Policeman 71 came up, and we took her to the station—we then returned, and found these two shillings and this florin down on the railway, about eighteen inches apart, and from six to ten yards from where James raised her hand—I only saw the coins.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-149" type="witnessName">
<interp inst="t18580201-name-149" type="gender" value="male"/>
<interp inst="t18580201-name-149" type="surname" value="BEARE"/>
<interp inst="t18580201-name-149" type="given" value="PHILIP"/>PHILIP BEARE</persName> </hi> (
<hi rend="italic">Police inspector, K</hi>). I received these coins from Dugan, and gave them to Hall, who marked them—they are the same pieces—I gave them to Dugan again, when he returned to the station.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-150" type="witnessName">
<interp inst="t18580201-name-150" type="gender" value="male"/>
<interp inst="t18580201-name-150" type="surname" value="WEBSTER"/>
<interp inst="t18580201-name-150" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are all bad coins.</p>
<hi rend="largeCaps">VERNON</hi>
<hi rend="smallCaps">
<rs id="t18580201-246-verdict-2" type="verdictDescription">
<interp inst="t18580201-246-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18580201-246-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. *—
<hi rend="italic">
<rs id="t18580201-246-punishment-32" type="punishmentDescription">
<interp inst="t18580201-246-punishment-32" type="punishmentCategory" value="imprison"/>
<interp inst="t18580201-246-punishment-32" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-246-18580201 t18580201-246-punishment-32"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18580201-247">
<interp inst="t18580201-247" type="uri" value="sessionsPapers/18580201"/>
<interp inst="t18580201-247" type="date" value="18580201"/>
<join result="criminalCharge" id="t18580201-247-charge-1" targOrder="Y" targets="def1-247-18580201 t18580201-247-offence-1 t18580201-247-verdict-1"/>
<join result="criminalCharge" id="t18580201-247-charge-2" targOrder="Y" targets="def2-247-18580201 t18580201-247-offence-1 t18580201-247-verdict-1"/>
<join result="criminalCharge" id="t18580201-247-charge-3" targOrder="Y" targets="def3-247-18580201 t18580201-247-offence-1 t18580201-247-verdict-1"/>
<join result="criminalCharge" id="t18580201-247-charge-4" targOrder="Y" targets="def4-247-18580201 t18580201-247-offence-1 t18580201-247-verdict-1"/>
<persName id="def1-247-18580201" type="defendantName">
<interp inst="def1-247-18580201" type="gender" value="male"/>
<interp inst="def1-247-18580201" type="age" value="26"/>
<interp inst="def1-247-18580201" type="surname" value="HUNT"/>
<interp inst="def1-247-18580201" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS HUNT</hi> (26)</persName>,
<persName id="def2-247-18580201" type="defendantName">
<interp inst="def2-247-18580201" type="gender" value="male"/>
<interp inst="def2-247-18580201" type="age" value="28"/>
<interp inst="def2-247-18580201" type="surname" value="CRAWLEY"/>
<interp inst="def2-247-18580201" type="given" value="BENJAMIN"/>
<hi rend="largeCaps">BENJAMIN CRAWLEY</hi> (28)</persName>,
<persName id="def3-247-18580201" type="defendantName">
<interp inst="def3-247-18580201" type="gender" value="male"/>
<interp inst="def3-247-18580201" type="age" value="24"/>
<interp inst="def3-247-18580201" type="surname" value="FLINN"/>
<interp inst="def3-247-18580201" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE FLINN</hi> (24)</persName>, and
<persName id="def4-247-18580201" type="defendantName">
<interp inst="def4-247-18580201" type="gender" value="male"/>
<interp inst="def4-247-18580201" type="age" value="20"/>
<interp inst="def4-247-18580201" type="surname" value="WEDGE"/>
<interp inst="def4-247-18580201" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE WEDGE</hi> (20)</persName>
<rs id="t18580201-247-offence-1" type="offenceDescription">
<interp inst="t18580201-247-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18580201-247-offence-1" type="offenceSubcategory" value="animalTheft"/>, Stealing a mare, cart, and har
<lb/>ness, price 4
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.; the property of
<persName id="t18580201-name-155" type="victimName">
<interp inst="t18580201-name-155" type="gender" value="male"/>
<interp inst="t18580201-name-155" type="surname" value="LIALL"/>
<interp inst="t18580201-name-155" type="given" value="JOSIAH"/>
<join result="offenceVictim" targOrder="Y" targets="t18580201-247-offence-1 t18580201-name-155"/>Josiah Liall</persName>.</rs> </p>
<hi rend="smallCaps">MR. MEW</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18580201-name-156" type="witnessName">
<interp inst="t18580201-name-156" type="gender" value="male"/>
<interp inst="t18580201-name-156" type="surname" value="LIALL"/>
<interp inst="t18580201-name-156" type="given" value="JOSIAH"/>JOSIAH LIALL</persName> </hi>. I am a general dealer of No. 1, Henry Street, Bromley. On Friday 15th Jan. about 1 o'clock, I was at the New Cattle Market, with a mare and cart, which was marked with chalk "For sale" at the back and the side—shortly after I had been there Hunt asked me what I wanted for the horse and cart, I said, 5
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—he bade 4
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., which I ultimately agreed to take—heleft me to find the man who wanted it—after the market was over, Wedge and Hunt came to me together, and Hunt said that he would take me to the man's house that wanted the horse and cart—he jumped up into the</p>
<xptr type="pageFacsimile" doc="185802010038"/>
<p>cart, and we all three went on—on the road Wedge said, "You stop here; I will buy your horse and cart of you"—he told me to stop at a public house about a mile from the market, and said that he would buy it, if I would give him a stamped receipt for 30
<hi rend="italic">s</hi>., and he would give me the rest of the money when he got home, but I refused—he drove on again to the Cranes public house, I do not know the name of the street—he wanted to pay me 30
<hi rend="italic">s</hi>. there, and gave me a stamped receipt, and wished me to drink, but I declined, and we all three drove on—he then said that, if I went back to the Cranes, he would buy it of me—we went there, and Crawley left the house, and said he would bring somebody who would buy the horse and cart—we all three went in, and left the horse and cart outside—Hunt then went out, and said he would bring somebody in who would buy it, leaving Wedge and me together in the public house—he returned in six or seven minutes with Flinn and Crawley—Crawleycame to me, and said that he would buy the horse and cart of me—theyall went out together to look at the horse—Crawley offered 4
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., if I would give him 1
<hi rend="italic">s</hi>. discount, which I agreed to—he wanted me to take a deposit and bring the rest of the money in the morning—Hunt said it was all right, that Flinn and Crawley were cattle dealers from the country—Flinn said of Crawley, "He is my brother," and that he lived at Stamford Hill, and could not go there for money, but I was to come in the morning—I did not agree to that, and was going to leave with my horse and cart, and Hunt said that he would take me to the man that wanted to buy the horse—we all went to Union Street, Bishopgate—the man he took me to there looked like a Jew; he bade 4
<hi rend="italic">l</hi>. for it; I refused that—Crawley and Flinn said that they would buy it, if I went back to the three Cranes—we all went back there, and went inside; Wedge and Crawley went out, and left Hunt, Flinn, and me in the house—Flinn said that he could not get the money, would I give him my direction, and he would come down to my house in the morning for the horse—he borrowed a pen and ink of the landlord, and asked some person to write the direction as I could not write—my direction was written down, and Flinn took it—I was going home, but was stopped at the door by a party who
<hi rend="italic">shoved</hi> me in, and when I did get out, the horse and cart were gone—Huntand Flinn remained, but I saw nothing of the other two after that—I ran out and made a communication to Policeman, H 105—the cart was found in the Green Yard, but I have not found the mare.</p>
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">stated that he appeared for Hunt and Wedge, the first and last prisoners in the indictment, but in order that he might not have to cross-examine first, Mr. Langford would watch the case for Hunt.</hi>
<hi rend="smallCaps">THE COURT</hi>
<hi rend="italic">was of opinion that as Mr. Ribton had admitted that he appeared for Hunt as well as for Wedge, he must proceed first, as he must not cross-examine twice; upon which Mr. Ribton declined to cross-examine.</hi> </p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi> (
<hi rend="italic">For Crawley and Flinn). Q.</hi> How far is the Cranes from the Cattle Market?
<hi rend="italic">A.</hi> About five miles, and about three miles from my house at Bromley—I had seen Wedge and Hunt before, but not the others—I was once tried for something of this sort, and acquitted innocently; the judge said that there was nothing against me—I was charged with stealing a horse from Bromley, with another man, and selling it; the other man has never been taken—I am a general dealer, I get my living by hawk
<lb/>ing and selling things—I buy any thing I can get an honest penny at—I have no shop; I have a stable—I go about with a coke cart, and collect bones and rags, take them to my stable till they accumulate, and then take them to market—I was not going to give up business, but I could buy a cart which would suit me better—the mare was about fourteen hands high.</p>
<xptr type="pageFacsimile" doc="185802010039"/>
<hi rend="smallCaps">MR. MEW</hi>.
<hi rend="italic">Q.</hi> What colour was she?
<hi rend="italic">A.</hi> Brown—it was an old cart—ithad been painted green, and then blue over it; but the blue had worn off and left the green.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-157" type="witnessName">
<interp inst="t18580201-name-157" type="gender" value="male"/>
<interp inst="t18580201-name-157" type="surname" value="HARRIS"/>
<interp inst="t18580201-name-157" type="given" value="THOMAS"/>THOMAS HARRIS</persName> </hi> (
<hi rend="italic">Policeman, H</hi> 81). On 15th Jan., I took Hunt, in Old Montague Street, Whitechapel—I told him he was charged with being con
<lb/>cerned, with others, in stealing a horse and cart—he said, "I do not know any thing at all about it; I was up at the market, and I came home with them to the Jew; they wanted to buy the horse and cart"—the prosecutor was with me—on 16th Jan. I met Flinn at the Three Cranes public house, Brick Lane, Spitalfields—I called him out, and said that he was charged, with others, in stealing a horse and cart, last evening—he said, "I know nothing about it; I never saw the man before"—Liall, who was with me, said, "Yes, you were in the public house with me last night; you were one of the four"—I took him to the station—on Sunday evening, the 17th, I took Wedge, in Wentworth Street, and told him the charge; he said, "Very well, I do not know any thing about it"—I took him to the station—I was with him at the police office; his father, who was sitting in the same room, said, "Now, George, if you know any thing about this horse and cart, you had better speak the truth; it will be better for you"—Wedge said, "I was at the market with one of them, and rode to the Jew's, and the horse and cart are over the water"—I was in the same street on duty that afternoon, and saw the horse and cart standing at the Three Cranes, about half past 6 o'clock—thecart was marked, "For sale," in chalk—it was a dark brown horse, about fourteen hands high—Liall spoke to me when he came out of the public house—I have seen the cart since, at Mr. Bastable's green yard, in the Borough—Itook Lyall to see it, and he said that it was his.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> Was there a crowd about the public house?
<hi rend="italic">A.</hi> No—I stood at the corner, looking at the horse and cart, and saw Wedge looking out of the door—there are two doors to it—I saw no people coming in and out; there is a thoroughfare through the house, one side in Brick Lane and the other in Fashion Street—I had not been in the Three Cranes that evening.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Do you know Crawley?
<hi rend="italic">A.</hi> I have seen him in a cart with a man named Forester, but not driving.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-158" type="witnessName">
<interp inst="t18580201-name-158" type="gender" value="male"/>
<interp inst="t18580201-name-158" type="surname" value="REED"/>
<interp inst="t18580201-name-158" type="given" value="ALFRED"/>ALFRED REED</persName> </hi> (
<hi rend="italic">Policeman, H</hi> 105). I received Crawley from another constable at the police station—I told him I charged him with being con
<lb/>cerned, with others, in stealing a horse and cart—he said, "I know nothing about it"—on Friday, 18th Jan., about half-past six o'clock, I was on duty in Spitalfields, and saw Wedge and Crawley, with a horse and cart, in Lower King Street, not a quarter of a mile from the Three Cranes, going from it—itwas a dark brown horse, middling size, and a dark green cart, with chalk marks on it—Wedge was driving, and another man, who I do not know, was was with them—about three minutes afterwards, Liall came to me and I told him something—I have searched, but cannot find the horse; the cart has been found—I went back with Liall to the Three Cranes, and saw Hunt there—Iknow Wedge and Crawley, and have seen them frequently together—I know Flinn, but do not know so much about Hunt.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALF</hi>.
<hi rend="italic">Q.</hi> Was it light?
<hi rend="italic">A.</hi> Light enough for me to see—as near as I can say, the cart was green—I will not swear it was not blue—I swear there were chalk marks on the side.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-159" type="witnessName">
<interp inst="t18580201-name-159" type="gender" value="male"/>
<interp inst="t18580201-name-159" type="surname" value="BARRATT"/>
<interp inst="t18580201-name-159" type="given" value="WILLIAM"/>WILLIAM BARRATT</persName> </hi>. I live with my father, opposite Fashion Street—the Three Cranes is at the corner—I was playing in Fashion Street on that</p>
<xptr type="pageFacsimile" doc="185802010040"/>
<p>evening, about half past 6 o'clock, and saw a brown horse and an old green cart standing before the Three Cranes—I saw Wedge and two more who I do not know come out of the Three Cranes, and get into the cart—Wedge got behind, and one of the others was driving—they drove right down Fashion Street—I knew Wedge before.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-160" type="witnessName">
<interp inst="t18580201-name-160" type="gender" value="male"/>
<interp inst="t18580201-name-160" type="surname" value="BOLE"/>
<interp inst="t18580201-name-160" type="given" value="JOHN"/>JOHN BOLE</persName> </hi> (
<hi rend="italic">Policeman, H</hi> 181). On Friday, 15th Jan., between 7 and 8 o'clock, I was going home, and a horse and cart passed me, so quickly that I could hardly tell what sort it was—there were three men in it, going at the rate of fourteen miles an hour—I called after them, but they appeared to go faster—I knew them all; Crawley was driving, Flinn was sitting at his side, and Wedge was standing behind, holding his hands on the shoulders of the others—this was in Cheshire Street, Waterloo Town, Bethnal Green, about half a mile from the Three Cranes.</p>
<hi rend="smallCaps">COURT</hi>,
<hi rend="italic">to</hi>
<hi rend="smallCaps">JOSIAH LIALL</hi>.
<hi rend="italic">Q.</hi> Was it directly after the paper was taken up that you went to the door to go out?
<hi rend="italic">A.</hi> Yes—I was gone perhaps half an hour, before I came back into the house—I do not recollect seeing Flinn there when I came back; I saw Hunt—I did not see Flinn again that night, after he took up the paper—it was between 6 o'clock and half past; I do not know exactly.</p>
<hi rend="smallCaps">
<rs id="t18580201-247-verdict-1" type="verdictDescription">
<interp inst="t18580201-247-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18580201-247-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18580201-247-punishment-33" type="punishmentDescription">
<interp inst="t18580201-247-punishment-33" type="punishmentCategory" value="imprison"/>
<interp inst="t18580201-247-punishment-33" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-247-18580201 t18580201-247-punishment-33"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-247-18580201 t18580201-247-punishment-33"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-247-18580201 t18580201-247-punishment-33"/>
<join result="defendantPunishment" targOrder="Y" targets="def4-247-18580201 t18580201-247-punishment-33"/>Confined Twelve Months Each</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18580201-248">
<interp inst="t18580201-248" type="uri" value="sessionsPapers/18580201"/>
<interp inst="t18580201-248" type="date" value="18580201"/>
<join result="criminalCharge" id="t18580201-248-charge-1" targOrder="Y" targets="def1-248-18580201 t18580201-248-offence-1 t18580201-248-verdict-1"/>
<persName id="def1-248-18580201" type="defendantName">
<interp inst="def1-248-18580201" type="gender" value="male"/>
<interp inst="def1-248-18580201" type="age" value="30"/>
<interp inst="def1-248-18580201" type="surname" value="HARTMAN"/>
<interp inst="def1-248-18580201" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN HARTMAN</hi> (30)</persName>
<rs id="t18580201-248-offence-1" type="offenceDescription">
<interp inst="t18580201-248-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18580201-248-offence-1" type="offenceSubcategory" value="burglary"/>, burglariously breaking and entering the dwelling house of
<persName id="t18580201-name-162" type="victimName">
<interp inst="t18580201-name-162" type="gender" value="male"/>
<interp inst="t18580201-name-162" type="surname" value="SEARLE"/>
<interp inst="t18580201-name-162" type="given" value="CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t18580201-248-offence-1 t18580201-name-162"/>Charles Searle</persName> with intent to steal.</rs> </p>
<hi rend="smallCaps">
<persName id="t18580201-name-163" type="witnessName">
<interp inst="t18580201-name-163" type="gender" value="male"/>
<interp inst="t18580201-name-163" type="surname" value="BARBER"/>
<interp inst="t18580201-name-163" type="given" value="JOHN"/>JOHN BARBER</persName> </hi> (
<hi rend="italic">Policeman, E</hi> 42). On 2d Dec., about 1 o'clock in the night, I was on duty in Southampton Row, and saw some dirt on a rail adjoining a shutter box, which is against a wall about ten feet high—having suspicions that some person had got over there, I got assistance and got over the wall, and, after searching some time, found the prisoner concealed under some steps, at No. 55, Southampton Row, in the back premises, outside the house—Itook him to the station and charged him; he gave no name and address, but said that he was a printer—I searched the premises next morning and found marks of a crowbar on Mr. Searle's back window, which had been raised.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-164" type="witnessName">
<interp inst="t18580201-name-164" type="gender" value="male"/>
<interp inst="t18580201-name-164" type="surname" value="BEST"/>
<interp inst="t18580201-name-164" type="given" value="WILLIAM"/>WILLIAM BEST</persName> </hi> (
<hi rend="italic">Policeman, E</hi> 154). I heard Barber call, assisted in searching, and found the prisoner under the steps of No. 55, Southampton Row—Barber took him, and I found this crowbar (
<hi rend="italic">produced</hi>) by the side of where he was lying—I searched and found Mr. Searle's back closet window, of No. 2, Bloomsbury Place, open—there were marks on the sash, as if it had been forced open—I put the crowbar to them and they fitted exactly—thatis about fifteen or twenty yards from where the prisoner was found—Ifound a ladder placed down the back area of No. 2, and a window of No. 4, was forced open.</p>
<hi rend="italic">Prisoner. Q.</hi> How long was it after you found me that you found the crowbar?
<hi rend="italic">A.</hi> Not a minute; as you were taken from the corner, I picked it up beside you.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-165" type="witnessName">
<interp inst="t18580201-name-165" type="gender" value="male"/>
<interp inst="t18580201-name-165" type="surname" value="BLAKE"/>
<interp inst="t18580201-name-165" type="given" value="NATHANAEL"/>NATHANAEL BLAKE</persName> </hi>. I am butler to Charles John Baker, of No. 2, Blooms
<lb/>bury Place; the Corporation House of the Sons of the Clergy—at 1 or 2 o'clock on the morning of 3d Jan. I was disturbed by a noise outside—I listened, and in a few moments heard something come down heavy—I got up, and found it was a ladder which was in the area—it had been put under the garden wall on the same day—I saw the prisoner close to the pantry window, where I had been sleeping—I rose the window up two or three inches and called, "Halloo! who are you?" and he went up the ladder—he was not a</p>
<xptr type="pageFacsimile" doc="185802010041"/>
<p>yard from me—I took a good view of him by the moonlight—he was taken by a policeman, and brought round to the front of the house—I am sure he is the man—I called my master up.</p>
<hi rend="smallCaps">
<persName id="t18580201-name-166" type="witnessName">
<interp inst="t18580201-name-166" type="gender" value="female"/>
<interp inst="t18580201-name-166" type="surname" value="SEARLE"/>
<interp inst="t18580201-name-166" type="given" value="KATE"/>KATE SEARLE</persName> </hi>. I am the wife of Charles Gray Searle, artist and surveyor, of No. 4, Bloomsbury Place. On 2d Jan., between 10 and 11 o'clock, I closed the water closet window and bolted the lobby door—next morning I found that the window had been opened, and it had never been open before, being stuck by paint—the marks in it correspond with this instrument—that would make an opening big enough for a man to get in—a towel in the water closet, which had been hanging up, I found in the wash-hand basin, and the soap dish and soap were put into it—the door leading into the lobby, which I had bolted, had been opened—there were marks of gravel on the seat, and marks of three fingers on the window inside.</p>
<hi rend="italic">Prisoner. Q.</hi> Is there any fastening to the window?
<hi rend="italic">A.</hi> No, but it was painted up—I do not think it was very firm—a tall man could remove the towel and soap dish without getting into the closet.</p>
<hi rend="italic">The prisoner's statement before the Magistrate was here read at follows:</hi>—"Whenthe constable found me I was not sober; I never saw the crowbar until it was produced in Court here."</p>
<hi rend="smallCaps">
<persName id="t18580201-name-167" type="witnessName">
<interp inst="t18580201-name-167" type="gender" value="male"/>
<interp inst="t18580201-name-167" type