<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<hi rend="largeCaps">WIRE, MAYOR NINTH 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, July</hi> 4
<hi rend="italic">th,</hi> 1859.</p>
<hi rend="largeCaps">PRESENT</hi>—The Right Hon. the
<hi rend="largeCaps">LORD MAYOR</hi>; Sir
<hi rend="smallCaps">FRANCIS GRAHAM MOON</hi>, Ald.; Mr. Ald.
<hi rend="smallCaps">SALOMONS</hi>; Mr.
<hi rend="smallCaps">RECORDER</hi>; and Mr. Ald.
<hi rend="smallCaps">MECHI</hi>.</p>
<hi rend="italic">Before Mr. Recorder and the First Jury.</hi> </p>
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<interp inst="def1-651-18590704" type="given" value="JOHN LOCKHART"/>
<hi rend="largeCaps">JOHN LOCKHART MORTON</hi> (32)</persName>, was indicted
<rs id="t18590704-651-offence-1" type="offenceDescription">
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<interp inst="t18590704-651-offence-1" type="offenceSubcategory" value="forgery"/> for feloniously forging and uttering a bill of exchequer for 500
<hi rend="italic">l</hi>.,</rs>
<hi rend="italic">also</hi>
<rs id="t18590704-651-offence-2" type="offenceDescription">
<interp inst="t18590704-651-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t18590704-651-offence-2" type="offenceSubcategory" value="forgery"/>a bill of exchequer for 485
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., with intent to defraud; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18590704-651-verdict-1" type="verdictDescription">
<interp inst="t18590704-651-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18590704-651-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.</p>
<hi rend="italic">At the request of Mr. Tindal Atkinson, who conducted the Prosecution,
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<lb/>ment was respited.</rs> </hi> </p> </div1>
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<hi rend="largeCaps">HENRY STANLEY</hi> (29)</persName>, and
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<interp inst="def2-652-18590704" type="age" value="27"/>
<interp inst="def2-652-18590704" type="surname" value="MIDDLETON"/>
<interp inst="def2-652-18590704" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM MIDDLETON</hi> (27)</persName>
<rs id="t18590704-652-offence-1" type="offenceDescription">
<interp inst="t18590704-652-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18590704-652-offence-1" type="offenceSubcategory" value="burglary"/>, Burglariously breaking and entering the dwelling-house of
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<interp inst="t18590704-name-4" type="surname" value="ELLIS"/>
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<join result="offenceVictim" targOrder="Y" targets="t18590704-652-offence-1 t18590704-name-4"/>Samuel Ellis</persName>, with intent to steal.</rs> </p>
<hi rend="smallCaps">MR. COOPER</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18590704-name-5" type="witnessName">
<interp inst="t18590704-name-5" type="gender" value="female"/>
<interp inst="t18590704-name-5" type="surname" value="DESMOND"/>
<interp inst="t18590704-name-5" type="given" value="HANNAH"/>HANNAH DESMOND</persName> </hi>. I am servant to Mr. Ellis, a baker, at 55, Thread-needle-street—the back part of the house looks into Hercules-passage, and there is an entrance to it in the passage—part of the house is let to Mr. Johnson, a watch-maker—on 12th June, Whit-Sunday, I went down at 12 o'clock at night and fastened the street door leading into Hercules-passage—I then went up to bed—Susan Adams slept on the floor below me—I went to sleep for a little while—I was awoke by a noise down stairs like something dropping—I got up and came down one flight of stairs—I stood and listened for a little while—I heard a whispering in the house—I screamed out for the policeman through the window—I observed a man, standing on the leads over the street door, trying to make his escape, from the first floor window—the window was open—two or three policemen came up; after a time they</p>
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<p>broke open the door—about a fortnight or three weeks before this I had occasion to go to the door about a quarter to 12 one night, and I heard some one touching the door outside—I opened the door and saw a man walking about the court; he asked me if there was a thoroughfare up the court—I told him he had better go away or I would give him in charge—I think that man was the prisoner Middleton, but I am not sure—after the policeman came in on the night in question I came down stairs—I think it was then about 3 o'clock—I went with the policeman and saw that Mr. Graves' office door on the first floor had been broken open; it is an inner door—Mr. Macketts' door had also been opened—I don't know how the parties got in.</p>
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<persName id="t18590704-name-6" type="witnessName">
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<interp inst="t18590704-name-6" type="surname" value="SHEEREN"/>
<interp inst="t18590704-name-6" type="given" value="JAMES"/>JAMES SHEEREN</persName> </hi> (
<hi rend="italic">City-policeman,</hi> 614). I was on duty in Old Broad-street a little before 3 o'clock on Sunday morning—I heard a cry of police—I went to the the house in Hercules-passage—I saw Stanley standing on the window-ledge over the door—he said, "Good morning, policeman"—I made him no reply—two officers came up to my assistance, and, by the permission of the inhabitants, we broke the door open—I then saw Stanley standing on the step—he said, "It is all right, there are thieves up stairs"—he had his shoes on—I picked up a pair of boots off the third stair—I took Stanley into custody with the assistance of another officer—I afterwards examined the house—I saw the door belonging to Mr. Graves broken open—I can't say whether it was broken from the inside or the outside—I saw the window of that room; I think it was open, but I will not be sure—I could not see how the house had been entered.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-7" type="witnessName">
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<interp inst="t18590704-name-7" type="surname" value="ADAMS"/>
<interp inst="t18590704-name-7" type="given" value="SUSAN"/>SUSAN ADAMS</persName> </hi>. I slept on the floor below Hannah Desmond on this night—I was aroused and got out of bed—I know the door that was broken open—I afterwards went down with the policeman—I examined the door on the Sunday—the window of that room does not look out over the door; that is another window.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-8" type="witnessName">
<interp inst="t18590704-name-8" type="gender" value="male"/>
<interp inst="t18590704-name-8" type="surname" value="CARTER"/>
<interp inst="t18590704-name-8" type="given" value="ALFRED"/>ALFRED CARTER</persName> </hi> (
<hi rend="italic">City-police-sergeant,</hi> 48). I and Sheeren endeavoured to force open the door, but were not successful—I forced it open myself—I saw Stanley standing on the stairs in the house—soon after Middleton was brought in—I left the two prisoners in charge of some other officers and went up stairs—I went to Mr. Graves' room and there found this crowbar, this dark-lantern, which was alight at the time, this can of oil, and these two crowbar ends—these I found in Mr. Graves' office, directly over the shop of Mr. Johnson, jeweller—since the prisoners' commitment I have examined the door of Mr. Graves' room, and I find that the marks on the door cor
<lb/>respond with the end of this crowbar—that door had unquestionably been forced from the outside, but that door is inside the house on the first floor—on searching Stanley I found this stock, which forms another crowbar, and the two ends which I found in Mr. Graves' office fit in this stock so as to make another crowbar—I also found on Stanley this centre-bit, which may be used for putting into the keyhole of an iron safe—here is also another thing, called a gully, another centre-bit, and a stock for a small key-hole; here is another end which fits in this stock, which may be used for cutting down—the gully is used to force a patent lock or make the hole larger—the prosecutor's house is in the parish of St. Benetfink.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-9" type="witnessName">
<interp inst="t18590704-name-9" type="gender" value="male"/>
<interp inst="t18590704-name-9" type="surname" value="TAYLOR"/>
<interp inst="t18590704-name-9" type="given" value="FREDERICK"/>FREDERICK TAYLOR</persName> </hi> (
<hi rend="italic">City-policeman,</hi> 458). On 11th June I went with the other policemen to Hercules-passage—I saw Middleton about to make his escape from the court directly the door was forced open—he was secreted up the court, about two or three yards from the house—he had no shoes on—he was walking lame—I knew that a pair of boots was found, and I took him back to the house, and he owned to the boots as his—he said he had</p>
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<p>hurt himself from the jump; it was a long way to jump—I searched him the station, and found on him this brace, made to screw in three parts; this part also fits the other part found on Stanley, which makes a brace for two persons to work at if required—since the commitment I have found that the hole here is used to fit three centre-bits that were found, to use as an anger—there is a breast-plate to rest the tool against while at work—I found that on Middleton, also three centre-bits to fit in a stock, and nine skeleton-keys.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-10" type="witnessName">
<interp inst="t18590704-name-10" type="gender" value="male"/>
<interp inst="t18590704-name-10" type="surname" value="GRAVES"/>
<interp inst="t18590704-name-10" type="given" value="JOHN"/>JOHN GRAVES</persName> </hi>. I am a stock-dealer—I have an office over the first-floor at No. 4, Hercules-passage—on the Saturday night in question I left at 5 o'clock—I secured the door by drawing it after me, and the bolt fastens it—I left it fast—I went to the office again on the Monday morning—when I arrived the place was somewhat in confusion, the fastening had been forced open and the beading was broken off on the inside—it had apparently been forced from the outside—there are two other offices on the same floor, and there is also a window in the passage—it is just possible they could have got from the window over the door to the door of my office; it is quite adjacent to it.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Has each office a door of its own?
<hi rend="italic">A.</hi> Yes; there are three doors on the first floor, each office is a separate tenancy—I don't imagine they are rated separately—I do not pay any rates—there is a common entrance in Hercules-passage—the outer door is in the care of Mr. Ellis; it is left open till 7 o'clock, and then the people of the house take charge of it.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-11" type="witnessName">
<interp inst="t18590704-name-11" type="gender" value="female"/>
<interp inst="t18590704-name-11" type="surname" value="DESMOND"/>
<interp inst="t18590704-name-11" type="given" value="HANNAH"/>HANNAH DESMOND</persName> </hi> (
<hi rend="italic">re-examined</hi>). I had the care of the street-door—when you are once in the house you can go from one part of it to the other—you cannot get into the chambers—each tenant keeps it locked—I don't know whether I was in the house after Mr. Graves left, for I often go out on an errand on a Saturday evening—I came back about nine o'clock—on coming back I did not look over the house—I did not observe any of the doors open: I did not observe whether they were open or not—I passed Mr. Graves' door when I bolted the street door—if it had been in the state that I saw it in on Monday morning I think I must have seen it—I think I should have noticed the wood broken—it was not much broken outside; it was the beading inside that was broken away, but the lock was all down; I think I should have noticed that.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-12" type="witnessName">
<interp inst="t18590704-name-12" type="gender" value="female"/>
<interp inst="t18590704-name-12" type="surname" value="ADAMS"/>
<interp inst="t18590704-name-12" type="given" value="SUSAN"/>SUSAN ADAMS</persName> </hi> (
<hi rend="italic">re-examined</hi>). I was in the house all this evening—during that time I had occasion to pass Mr. Graves' door—I should think I passed it twice down stairs and twice up, the last time was about half-past nine; the other time was about half-past eight—I did notice the door as I passed it—it was shut both times, but I did not see anything in particular—I have seen the door since the Sunday; if it had been in that condition on the preceding night I think I should have seen it.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> What was the appearance of the door on the Sunday morning?
<hi rend="italic">A.</hi> It looked as if a piece of wood had been chipped off; that was on the inside; the lock looked as if it had dropped down; that might have been so without my noticing it—I did not turn my candle on it—I was in Mr. Ellis's shop until about eight o'clock—I can't say that I should have heard the forcing open of the door from there—I was present on the Sunday when the policemen tried to shut the door, and they could not fasten it; they could draw it so as to appear as if it was shut—I did not observe it enough the night before to say whether or not it was a-jar.</p>
<hi rend="smallCaps">
<rs id="t18590704-652-verdict-1" type="verdictDescription">
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<interp inst="t18590704-652-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
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<hi rend="largeCaps">HENRY STANLEY</hi> (29)</persName>, and
<persName id="def2-653-18590704" type="defendantName">
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<hi rend="largeCaps">WILLIAM MIDDLETON</hi> (27)</persName>, were again indicted for
<rs id="t18590704-653-offence-1" type="offenceDescription">
<interp inst="t18590704-653-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18590704-653-offence-1" type="offenceSubcategory" value="housebreaking"/> unlawfully breaking and entering the dwelling-house of
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<interp inst="t18590704-name-15" type="surname" value="ELLIS"/>
<interp inst="t18590704-name-15" type="given" value="SAMUEL"/>
<join result="offenceVictim" targOrder="Y" targets="t18590704-653-offence-1 t18590704-name-15"/>Samuel Ellis</persName>, with intent to steal; to which they</rs> </p>
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<rs id="t18590704-653-verdict-1" type="verdictDescription">
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<interp inst="t18590704-653-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
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<join result="defendantPunishment" targOrder="Y" targets="def2-653-18590704 t18590704-653-punishment-2"/>Confined Two Years</rs>.</hi> </p> </div1>
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<hi rend="largeCaps">ALFRED MORSE</hi> (48)</persName>
<rs id="t18590704-654-offence-1" type="offenceDescription">
<interp inst="t18590704-654-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18590704-654-offence-1" type="offenceSubcategory" value="assault"/>, Unlawfully assaulting
<persName id="t18590704-name-17" type="victimName">
<interp inst="t18590704-name-17" type="gender" value="male"/>
<interp inst="t18590704-name-17" type="surname" value="RICHARDS"/>
<interp inst="t18590704-name-17" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18590704-654-offence-1 t18590704-name-17"/>James Richards</persName>, with intent, &c.; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18590704-654-verdict-1" type="verdictDescription">
<interp inst="t18590704-654-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18590704-654-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18590704-654-punishment-3" type="punishmentDescription">
<interp inst="t18590704-654-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18590704-654-punishment-3" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-654-18590704 t18590704-654-punishment-3"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, July</hi> 4
<hi rend="italic">th,</hi> 1859.</p>
<hi rend="largeCaps">PRESENT</hi>—Sir
<hi rend="smallCaps">CHAPMAN MARSHALL</hi>, Knt. Ald.; Sir
<hi rend="smallCaps">FRANCIS GRAHAM MOON</hi>, Bart. Ald.; Mr. Ald.
<hi rend="smallCaps">CUBITT</hi>, M.P.; and Mr.
<hi rend="smallCaps">COMMON SERJEANT</hi>.</p>
<hi rend="italic">Before Mr. Common Serjeant and the Fifth Jury.</hi> </p>
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<hi rend="largeCaps">ROBERT MERRITT</hi> (22)</persName>, and
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<hi rend="largeCaps">JOSEPH TAYLOR</hi> (34)</persName>
<rs id="t18590704-655-offence-1" type="offenceDescription">
<interp inst="t18590704-655-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18590704-655-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery on
<persName id="t18590704-name-20" type="victimName">
<interp inst="t18590704-name-20" type="gender" value="female"/>
<interp inst="t18590704-name-20" type="surname" value="BRISTOW"/>
<interp inst="t18590704-name-20" type="given" value="SARAH"/>
<join result="offenceVictim" targOrder="Y" targets="t18590704-655-offence-1 t18590704-name-20"/>Sarah Bristow</persName>, and stealing 1 bag, 1 purse, 1 handkerchief, and 14
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>., her property.</rs>
<hi rend="smallCaps">MR. LONGFORD</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18590704-name-21" type="witnessName">
<interp inst="t18590704-name-21" type="gender" value="female"/>
<interp inst="t18590704-name-21" type="surname" value="BRISTOW"/>
<interp inst="t18590704-name-21" type="given" value="SARAH"/>SARAH BRISTOW</persName> </hi>. I live at Was worth—on 10th June, between 10 and 11 o'clock in the morning, I was walking in Whitechapel, between Aldgate and George-yard—I was a few doors from George-yard—I had a black silk reticule with me; the string was twisted round my arm, and I held the bag by the neck—it contained a handkerchief, a purse, a half sovereign, four shillings, a sixpence, and a fourpence—I felt my bag pulled from the bottom—I saw the prisoner, Taylor, by the side of me, and as soon as we got to the corner of the turning he got hold of it and ran up George-yard, and pulling the bag, be dragged me down—he stooped and took the bag from me, and I saw the side of his face—he was a pock-marked man—while I lay down, and was getting up, another man came, in his shirt sleeves, and assisted me up—he said he would help me, and he would run after the thief—that was the prisoner Merritt—he said, "I will run after the thief," and he ran off in the same direction as Taylor, but he did not call out "Stop, thief"—I was hurt very much, my arms were cut, my hand was cut, and I was very much bruised—while I was on the ground the tall man dragged me several paces.</p>
<hi rend="italic">Taylor. Q.</hi> You say I came to you and pulled the bag, and you recognise me because I am a tall man and pitted with the small-pox.
<hi rend="italic">A.</hi> Yes—you dragged me several paces—the bag was on my left arm, and you had hold of it, I suppose with your right hand, as the bag was on my left arm—you dragged me by the bag.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> When did you see Taylor again?
<hi rend="italic">A.</hi> At Worship-street, on Saturday in the next week—I had given a description of the person who stole my bag to the policeman.</p>
<hi rend="smallCaps">MR. LANGFORD</hi>.
<hi rend="italic">Q.</hi> Have you any doubt about Taylor being the man?
<hi rend="italic">A.</hi> No; none.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-22" type="witnessName">
<interp inst="t18590704-name-22" type="gender" value="male"/>
<interp inst="t18590704-name-22" type="surname" value="KIDDLE"/>
<interp inst="t18590704-name-22" type="given" value="EDWARD HAMLIN"/>EDWARD HAMLIN KIDDLE</persName> </hi>. I live in Ingram-court—on the morning of 10th June, between 10 and 11 o'clock, I was in Whitechapel, near George-yard—I saw the last witness there, and there was a very tall man dragging her along in George-yard up the archway—I cannot swear to that mans face—he was a very tall man—I did not see him take anything at all—after he had dragged her along, he ran away as fast as he could run, and there was another man about my height who came and picked the lady up—</p>
<xptr type="pageFacsimile" doc="185907040005"/>
<p>I believe he was in his shirt sleeves—I don't know who he was—I was before the magistrate—this is my deposition (
<hi rend="italic">looking at it</hi>)—this is my signature—I do not recognise either of the prisoners—I did not see the face—I said at the time I could not swear to the man—to the best of my belief that is he.</p>
<hi rend="italic">Q.</hi> You were examined, and your deposition was read to you; can you, or can you not say whether Taylor was the person?
<hi rend="italic">A.</hi> To the best of my belief, I said I
<hi rend="italic">could not swear to the face.</hi> </p>
<hi rend="italic">This witnesses deposition was here ready in which he stated,</hi> "I saw a very tall man, whom I believe to be the prisoner Taylor, dragging the prose
<lb/>cutrix along the passage—she was on her face—I should say he dragged her 4 yards—directly he left her another man came and seemed to be taking the lady's part—I have not the slightest doubt about the prisoner being the person who dragged the lady along."</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You said you had not the slightest doubt.
<hi rend="italic">A.</hi> I have not the slightest doubt about his being the man—I have not the slightest doubt that they are the men.</p>
<hi rend="italic">Taylor. Q.</hi> You saw me drag her along a passage.
<hi rend="italic">A.</hi> I saw a tall man—you ran right up in the same direction from Whitechapel, up the yard.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Was Taylor the man?
<hi rend="italic">A.</hi> I believe he was the man.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-23" type="witnessName">
<interp inst="t18590704-name-23" type="gender" value="male"/>
<interp inst="t18590704-name-23" type="surname" value="BONE"/>
<interp inst="t18590704-name-23" type="given" value="JOHN"/>JOHN BONE</persName> </hi> (
<hi rend="italic">Policeman, H</hi> 181). On 10th June, between 10 and 11 o'clock in the morning, I was on duty in Wentworth-street—I saw Taylor running out of George-yard—he had nothing with him—after I saw him I saw Merritt about 2 yards behind him, and he had something in his hand—it was black, and was like a bag—I saw the lady afterwards, and she gave me a description of both of them—I did not take anybody in custody—I saw Merritt at the police station—he asked me why he was charged with stealing—he said, "I am guilty of receiving, but I did not steal it"—he stated at the police court that he was there, and helped the woman up—I did not take the other man.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> What time was it?
<hi rend="italic">A.</hi> About half-past 10 in the morning of the 10th of June—I was told where this happened—I did not apprehend Merritt—he was not apprehended till the evening—Taylor came out first, and he saw me and turned another way—Merritt had the bag in his hand, it was black—he crossed when he saw me—I did not say anything to Merritt—he said this to me in going from the station to the police-court the next morning—the charge had been read over to him—I don't know how he came to speak to me—that was the only conversation I had with him—I told him he ought to have known better—I believe that was all that I said—I am sure that was all I said—that he ought to know better than to serve an old lady so—Taylor was not in custody then—I did not take any memorandum of what he said—he was remanded, and the magistrate told me to remind him of it—he said he helped the old lady up—I heard him say that—he did not say that he helped her up, and then went after the other man—I won't swear that he did not—I was not present when he was apprehended at night—it was in going from the station to the police-court that he said "I know I am guilty of receiving."</p>
<hi rend="smallCaps">
<persName id="t18590704-name-24" type="witnessName">
<interp inst="t18590704-name-24" type="gender" value="male"/>
<interp inst="t18590704-name-24" type="surname" value="HARRIS"/>
<interp inst="t18590704-name-24" type="given" value="THOMAS"/>THOMAS HARRIS</persName> </hi> (
<hi rend="italic">Policeman, K</hi> 81). I took Taylor in custody on 17th June, in Flower and Dean-street—I told him he was charged with being concerned with Robert Merritt in assaulting and stealing from a lady in Whitechapel on 10th June a bag, a handkerchief, and a half-sovereign, and 4
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>. in silver—he said, "I don't know Merritt, I don't know any thing</p>
<xptr type="pageFacsimile" doc="185907040006"/>
<p>about the lady; I can prove where I was at the time"—Mrs. Bristow did not give me a description of the persons—I heard of it from Bone, and from the station as well—I saw the prisoners together on Friday, 10th June, in Thrawl-street, between 2 and 3 o'clock—I took Merritt on 10th June—I told him he was charged with being concerned with another man, not in custody, with assaulting and robbing a lady in Whitechapel that morning—he said he did not know anything about it—he was not in Whitechapel.</p>
<hi rend="italic">The statement of Merritt before the Magistrate was here read as follows:</hi> "I own I picked up the woman, I had a sack of shavings on my back."</p>
<hi rend="italic">Taylor's Defence.</hi> I am disabled in my right arm, I could not drag the lady. I am taken because I am a tall man and pitted with the small pox. Why did not the officer take me when we were together. I never saw Merritt till after he was in custody; I never saw the lady before she was at Worship-street.</p>
<hi rend="largeCaps">MERRITT</hi>
<hi rend="smallCaps">
<rs id="t18590704-655-verdict-1" type="verdictDescription">
<interp inst="t18590704-655-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18590704-655-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="largeCaps">TAYLOR</hi>
<hi rend="smallCaps">
<rs id="t18590704-655-verdict-2" type="verdictDescription">
<interp inst="t18590704-655-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18590704-655-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.†—
<hi rend="italic">
<rs id="t18590704-655-punishment-4" type="punishmentDescription">
<interp inst="t18590704-655-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18590704-655-punishment-4" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-655-18590704 t18590704-655-punishment-4"/>Four Years' Penal Servitude.</rs> </hi> </p>
<hi rend="italic">Merritt was further charged with having been before convicted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18590704-name-25" type="witnessName">
<interp inst="t18590704-name-25" type="gender" value="male"/>
<interp inst="t18590704-name-25" type="surname" value="HARDY"/>
<interp inst="t18590704-name-25" type="given" value="THOMAS"/>THOMAS HARDY</persName> </hi> (
<hi rend="italic">Policeman, A</hi> 412). I produce a certificate (
<hi rend="italic">Read: "Guildhall, Westminster, February,</hi> 15
<hi rend="italic">th,</hi> 1858;
<hi rend="italic">Robert Merritt was convicted of larceny. Confined Twelve Months "</hi>)—Merritt is the person.</p>
<hi rend="largeCaps">MERRITT</hi>
<hi rend="smallCaps">GUILTY</hi>.—
<hi rend="italic">
<rs id="t18590704-655-punishment-5" type="punishmentDescription">
<interp inst="t18590704-655-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18590704-655-punishment-5" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-655-18590704 t18590704-655-punishment-5"/>Four Years Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18590704-656">
<interp inst="t18590704-656" type="uri" value="sessionsPapers/18590704"/>
<interp inst="t18590704-656" type="date" value="18590704"/>
<join result="criminalCharge" id="t18590704-656-charge-1" targOrder="Y" targets="def1-656-18590704 t18590704-656-offence-1 t18590704-656-verdict-1"/>
<persName id="def1-656-18590704" type="defendantName">
<interp inst="def1-656-18590704" type="gender" value="male"/>
<interp inst="def1-656-18590704" type="age" value="39"/>
<interp inst="def1-656-18590704" type="surname" value="HAWLEY"/>
<interp inst="def1-656-18590704" type="given" value="JOSEPH"/>
<hi rend="largeCaps">JOSEPH HAWLEY</hi> (39)</persName>
<rs id="t18590704-656-offence-1" type="offenceDescription">
<interp inst="t18590704-656-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18590704-656-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 576 yards of cord and 54 yards of fringe, value 13
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>., of
<persName id="t18590704-name-27" type="victimName">
<interp inst="t18590704-name-27" type="gender" value="male"/>
<interp inst="t18590704-name-27" type="surname" value="EVANS"/>
<interp inst="t18590704-name-27" type="given" value="RICHARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18590704-656-offence-1 t18590704-name-27"/>Richard Evans</persName>.</rs> </p>
<hi rend="smallCaps">MR. METCALFE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18590704-name-28" type="witnessName">
<interp inst="t18590704-name-28" type="gender" value="male"/>
<interp inst="t18590704-name-28" type="surname" value="GEORGE"/>
<interp inst="t18590704-name-28" type="given" value="JAMES"/>JAMES GEORGE</persName> </hi>. I am in the employ of Mr. Richard Evans, a silk and fringe manufacturer—about eighteen months back, I received a package from the factory to carry from Fann-street to Garlick-hythe—I received it from Mr. Livermore—I met two men; they persuaded me to put the package on a barrow—they then sent me for some tobacco, and when I came back the package was gone—I never saw it again—the prisoner is not one of those two men.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-29" type="witnessName">
<interp inst="t18590704-name-29" type="gender" value="male"/>
<interp inst="t18590704-name-29" type="surname" value="LIVERMORE"/>
<interp inst="t18590704-name-29" type="given" value="THOMAS"/>THOMAS LIVERMORE</persName> </hi>. I was in the employ of Mr. Evans eighteen months ago—I gave the package to James George in Fann-street—I remember a complaint that the package was stolen from him—it contained 570 yards of silk and worsted blind cord, some blue and white fringe, green and white fringe, and other—it was done up in white and brown paper, and was worth about 19
<hi rend="italic">l</hi>.—I have seen some produced by the officers—it is part of what was sent—there is still missing 144 yards of amber and white, and some other fringe—I have no doubt in identifying what is produced as my master's property.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. LEWIS</hi>.
<hi rend="italic">Q.</hi> What is your master?
<hi rend="italic">A.</hi> A fringe and trimming manufacturer—there are other persons in the same trade—I manufacture for my master—I never made any cord like this, for this order—it was made for an Australian order—I have not made any since like this cord for my employer—24 gross was made; 576 yards is 4 gross—I made the whole of this cord—I did' not make the fringe—the maker of it is outside.</p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Do you know at all of any cord being made exactly like that?
<hi rend="italic">A.</hi> No; this is the peculiar pattern I was called on to make—I don't know of any being made like it.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-30" type="witnessName">
<interp inst="t18590704-name-30" type="gender" value="male"/>
<interp inst="t18590704-name-30" type="surname" value="BATES"/>
<interp inst="t18590704-name-30" type="given" value="EDWARD"/>EDWARD BATES</persName> </hi>. I live in Gee-street, Goswell-street—I am in the</p>
<xptr type="pageFacsimile" doc="185907040007"/>
<p>employ of Mr. Evans—I made this blue and white fringe, and this green and white fringe—they were not sold—I put them in the package for the boy George—they were in the same package with the cord—I heard that it had been stolen, in about an hour or an hour and a half.</p>
<hi rend="italic">Cross-examined. Q.</hi> How much fringe did you make?
<hi rend="italic">A.</hi> Thirty-six yards of blue and white, and eighteen yards of green and white—I never made any other but that for that same order—it is a pattern of my own introducing—I have never seen it anywhere else, and I introduced the pattern to Mr. Evans—I have always done the work for him—nobody has done the work but me.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-31" type="witnessName">
<interp inst="t18590704-name-31" type="gender" value="male"/>
<interp inst="t18590704-name-31" type="surname" value="CROOK"/>
<interp inst="t18590704-name-31" type="given" value="THOMAS"/>THOMAS CROOK</persName> </hi>. I live in Slater-street, Bethnal-green, and am a loom-maker—some time ago I worked in the same employ with the prisoner—on 16th June he called on me at my house, and he brought one parcel of this cord—he asked me if I could sell it for him—a man called on me who said he thought he could get me a customer for it, and he took it away—the prisoner asked me if I could sell that parcel for him, and five more—I told him I would try, knowing people in the line—he said he wanted 2
<hi rend="italic">l</hi>. for the six parcels—he told me that a man owed him 5
<hi rend="italic">l</hi>. and he could not pay him, and he had these for the money—he did not say who the man was—the prisoner had worked in the same employ as I did—he drove a cart at the time.</p>
<hi rend="italic">Cross-examined. Q.</hi> He had had that employ the last fourteen years?
<hi rend="italic">A.</hi> I don't know—he opened the parcel that he brought me—I never was on the prisoner's premises—he told me at once that he had this parcel and five others.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-32" type="witnessName">
<interp inst="t18590704-name-32" type="gender" value="male"/>
<interp inst="t18590704-name-32" type="surname" value="LEGGE"/>
<interp inst="t18590704-name-32" type="given" value="GEORGE"/>GEORGE LEGGE</persName> </hi>. I am a policeman—on 24th June I went to the prisoner at Mr. Acocks'—I found him employed there—I asked him to step outside, as I wanted to speak to him—I asked him, "Have you not some silk and worsted cord in your possession?"—he said, "No, I have not"—I said, "Step with me into the White Horse, the corner of Friday-street"—I there told him that Knight and I were two police-officers—Knight and Crook were there at the time—I asked the prisoner if he knew anything of the parcel, pointing to one which Knight held—he said, "Yes, I gave it to Crook to sell"—I asked him if he had any more like that—he said no, he had not—I asked him where he got that from—he said from a man who owed him some money—I asked him the man's name, and he said he did not know—I said, "Where does the man live?"—he said, "I believe he is gone to America"—I then told him I should take him in custody, and we should go and search his place—Knight then spoke to him, and he said, "I have the remainder at home"—he went with me and Knight to his residence in Shoemaker-row, and he took us to a box where Knight took out the rest of this cord in five bundles, and another parcel containing this fringe—I took the prisoner to the station, and at the station he said he had had it from Mrs. Maxall of Glasshouse-yard, Aldersgate-street—I made inquiries of Mrs. Maxall.</p>
<hi rend="italic">Cross-examined. Q.</hi> When you first went to Acocks you did not state you were a policeman?
<hi rend="italic">A.</hi> No—I have known the prisoner many years—I have known him in the service of Acocks about 6 years—I found 5 parcels at his house and I at Crook's—the fringe was in a separate bag in the same chest.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-33" type="witnessName">
<interp inst="t18590704-name-33" type="gender" value="male"/>
<interp inst="t18590704-name-33" type="surname" value="KNIGHT"/>
<interp inst="t18590704-name-33" type="given" value="JOSEPH COMBER"/>JOSEPH COMBER KNIGHT</persName> </hi>. I am a police-constable—I went to the public-house with Crook—I was in there when the last witness came in with the the prisoner—he said to the prisoner, "We are both police-constables, you</p>
<xptr type="pageFacsimile" doc="185907040008"/>
<p>have no occasion to answer me only what you think proper; do you know anything of that parcel?—(I had this parcel in my hand on the table)—the prisoner said "I know it, I gave it to that young man to sell," pointing to Crook—one of us, I believe it was Legge, asked him if he had any more—he said, no, he had not—Legge said, "That must be a mistake"—he said he was sure he had not—Legge then asked him where he got it from—he said he had it from a man—I asked him if he knew the man's name or could take us to him—he said he did not know his name, and he could not take us to him, because he was gone to America—Legge said, "Well, that has been stolen, we shall take you into custody, and search your house"—and I said to him, "This young man says you had 6 parcels altogether like this, and you wanted him to get 2
<hi rend="italic">l</hi>. for them"—I said, "Now, if you had 6 parcels, who has got the remainder, the other 5?"—the prisoner then said, "Well, I have, they are at my house"—we went to his house, and in a room on the first floor we found the property produced in a chest—the whole of the cord was in one bag—I took it out, and the prisoner said, "That is all I have got"—I then pulled out a second bag which contained the fringe—I said, "What is this?"—he said, "Only some stuff I had with it, and it turned out to be the fringe"—the prisoner and I then went down into the passage—I told him he must go with us to Bow-lane, and the charge against him would be receiving this property knowing it to be stolen—he said, "Well, I will tell you where I had it from, I had it from Mrs. Maxall, in Glass house-yard, Aldersgate-street"—he said, "I don't know the number, but I can find it, I have had it by me more than twelve months."</p>
<hi rend="italic">Cross-examined. Q.</hi> When the prisoner was taken he was not taken into a private room?
<hi rend="italic">A.</hi> No—he was in the bar, which is separated off—there was only one person there—he was not taken into a private room.</p>
<hi rend="italic">Witnesses for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18590704-name-34" type="witnessName">
<interp inst="t18590704-name-34" type="gender" value="male"/>
<interp inst="t18590704-name-34" type="surname" value="NEALE"/>
<interp inst="t18590704-name-34" type="given" value="JAMES"/>JAMES NEALE</persName> </hi>. I am a member of the same benefit-society as the prisoner is—Maxall was a member of the same society—Maxall made an application to me for a loan of money, and I introduced him to the prisoner—I did not lend him the money—I should say it is 14 or 15 months ago—the prisoner lent him some money—I did not see the money advanced by the prisoner to Maxall—I know the money was asked for in my presence—it was not given in my presence, but I saw Maxall the next day, and he told me he had received it.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> What is Maxall?
<hi rend="italic">A.</hi> He travels the country—he is employed to go about, sometimes to Germany and some-times to Wales—he is employed as a horse-dealer at Dixon's Repository, in Barbican—he deals in horses and cows—he picks up horses for Dixon—he is in the habit of going about and buying horses and bringing them by railway—I don't know how it was that he came to be so short of money—he said there was a cart or something he was going to purchase on his own account, and he wanted 5
<hi rend="italic">l</hi>.—I don't know where Maxall is now—I think I saw him last Friday week—I met him in Aldersgate-street—he did not say he was coming on this case—I did not say I was coming—I think I had not seen him for 3 weeks before that—I did not know that I was coming to say something about this case—I did not hear the prisoner was to be brought up till this day week—I believe it was on Monday that I heard of it—I have only seen Maxall once; that was on the Friday week—I have seen him many times since the money was borrowed—when I met him I had no idea</p>
<xptr type="pageFacsimile" doc="185907040009"/>
<p>that the prisoner was in custody—Maxall is not gone to America that I know of.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-35" type="witnessName">
<interp inst="t18590704-name-35" type="gender" value="female"/>
<interp inst="t18590704-name-35" type="surname" value="MAXALL"/>
<interp inst="t18590704-name-35" type="given" value="MARY"/>MARY MAXALL</persName> </hi>. I have known the prisoner 2 or 3 years—I see this fringe—I delivered it to the prisoner—I always called him Neale—I did not know his name was Hawley till this happened—I gave the parcel up to him, and I saw a piece of the fringe hanging out—at the time my husband borrowed this money I was very ill in bed—when I gave this to the prisoner I said, "Take this, and do the best you can with it"—I had not had any conversation with my husband just at that time—I should say it was a fortnight before—when I gave the prisoner the parcel I told him my husband was out of town—my husband was then at Guildhall—I told him I gave the parcel to him.</p>
<hi rend="italic">Cross-examined. Q.</hi> Were you called at Guildhall?
<hi rend="italic">A.</hi> No, my husband was present—he went from Guildhall to Wales—I am not able to say where he is now—neither he nor I had any idea that the trial was to come on—I was at Guildhall—I did not inquire what day the trial was to come on—I did not know the day—I came here to-day because I was subpoened—I first knew that the prisoner was taken in custody on Friday—the police
<lb/>man came to me on Friday—my husband does not deal at all with the prisoner, only they are in that club together—the same club with Neale—I don't know of my husband having any dealings with the prisoner for cheese—he never bought cheese or butter of him—I gave the prisoner the parcel—it was a large parcel in a bag—I did not look in the bag—I saw some fringe hanging out—my husband deals in horses—he has been with Mr. Parsons Fowler many years—all his cattle is taken to the private repo
<lb/>sitory for sale, which is Mr. Dixou's—I don't know of my husband having any connexion with fringe makers, not that I am aware of—I gave the prisoner this parcel, and I should say it has been gone from my house between 4 and 5 months, I could not say to a day—it had been in my little shop, which is open to any one, for a year and 3 months—when I first saw it it was in my shop—a man left it in my shop, No. 31, Glasshouse-yard, Aldersgate-street—Mr. Evans' is in Fann-street, which is just across the road—it is 15 months ago since the man left the parcel at my place—his name was, John Ackerman—I did not know where he lived at that time, because he had left his place—he is now dead—a friend called and told me in conversa
<lb/>tion he was dead—he had borrowed some money of us, and we thought there was no means of getting our money back again—I kept the parcel all that time, and then gave it to the prisoner for a debt my husband owed him—I did not tell the constable I never had any such goods—I said, "Not of that name"—the constable asked me about Hawley—I said I did not know any one of that name—I said I had never had any goods of that description that I was aware of—I never gave the constable occasion to come to me—I did not swear that I never had such goods on the premises—I did not swear it at Guildhall—I said I was ready to go to swear it—I have known Mr. Neale 26 years, since I have been in London—he introduced the prisoner—I thought he was brother to Neale—I never knew but that his name was Neale.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-36" type="witnessName">
<interp inst="t18590704-name-36" type="gender" value="male"/>
<interp inst="t18590704-name-36" type="surname" value="PHILLIPS"/>
<interp inst="t18590704-name-36" type="given" value="JAMES"/>JAMES PHILLIPS</persName> </hi>. I am a packer, No. 11, Old Fish-street-hill—the prisoner gave me one of these parcels last winter, and told me to sell it—I could not sell it—I returned it to him—I received it 3 or 4 months ago—I think it was 3 or 4 weeks after Christmas.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-37" type="witnessName">
<interp inst="t18590704-name-37" type="gender" value="male"/>
<interp inst="t18590704-name-37" type="surname" value="HARDCASTLE"/>
<interp inst="t18590704-name-37" type="given" value="GEORGE"/>GEORGE HARDCASTLE</persName> </hi>. I am a clerk in the same employ as the prisoner is—I remember his coming to me in the counting-house—I think it is 3 or</p>
<xptr type="pageFacsimile" doc="185907040010"/>
<p>4 months ago—he showed me one of these parcels, and asked me for some paper to wrap it up in—I think he has been in my master's employ 14 years.</p>
<hi rend="smallCaps">
<rs id="t18590704-656-verdict-1" type="verdictDescription">
<interp inst="t18590704-656-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18590704-656-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18590704-657">
<interp inst="t18590704-657" type="uri" value="sessionsPapers/18590704"/>
<interp inst="t18590704-657" type="date" value="18590704"/>
<join result="criminalCharge" id="t18590704-657-charge-1" targOrder="Y" targets="def1-657-18590704 t18590704-657-offence-1 t18590704-657-verdict-1"/>
<persName id="def1-657-18590704" type="defendantName">
<interp inst="def1-657-18590704" type="gender" value="male"/>
<interp inst="def1-657-18590704" type="surname" value="JEWITT"/>
<interp inst="def1-657-18590704" type="given" value="MICHAEL CARREN"/>
<hi rend="largeCaps">MICHAEL CARREN JEWITT</hi> </persName> was indicted
<rs id="t18590704-657-offence-1" type="offenceDescription">
<interp inst="t18590704-657-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18590704-657-offence-1" type="offenceSubcategory" value="perjury"/> for wilful and cor
<lb/>rupt perjury.
<hi rend="smallCaps">MR. SLEIGH</hi> </rs>
<hi rend="italic">offered no evidence.</hi> </p>
<hi rend="smallCaps">
<rs id="t18590704-657-verdict-1" type="verdictDescription">
<interp inst="t18590704-657-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18590704-657-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, July</hi> 5
<hi rend="italic">th,</hi> 1859.</p>
<hi rend="largeCaps">PRESENT</hi>—Sir
<hi rend="smallCaps">CHAPMAN MARSHALL</hi>, Knt. Ald.; Mr. Ald.
<hi rend="smallCaps">CUBITT</hi>, M.P.; Sir
<hi rend="smallCaps">ROBERT WALTER CARDEN</hi>, Knt. Ald. M.P.; Mr. Ald.
<hi rend="smallCaps">PHILLIPS</hi>;</p>
<p>Mr. Ald.
<hi rend="smallCaps">MECHI</hi>; and Mr.
<hi rend="smallCaps">COMMON SERJEANT</hi>.</p>
<hi rend="italic">Before Mr. Common Serjeant and the Second Jury.</hi> </p>
<div1 type="trialAccount" id="t18590704-658">
<interp inst="t18590704-658" type="uri" value="sessionsPapers/18590704"/>
<interp inst="t18590704-658" type="date" value="18590704"/>
<join result="criminalCharge" id="t18590704-658-charge-1" targOrder="Y" targets="def1-658-18590704 t18590704-658-offence-1 t18590704-658-verdict-1"/>
<persName id="def1-658-18590704" type="defendantName">
<interp inst="def1-658-18590704" type="gender" value="male"/>
<interp inst="def1-658-18590704" type="age" value="17"/>
<interp inst="def1-658-18590704" type="surname" value="FIELD"/>
<interp inst="def1-658-18590704" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES FIELD</hi> (17)</persName>
<rs id="t18590704-658-offence-1" type="offenceDescription">
<interp inst="t18590704-658-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18590704-658-offence-1" type="offenceSubcategory" value="forgery"/>, Feloniously forging and uttering a cheque for 76
<hi rend="italic">l</hi>., with intent to defraud; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18590704-658-verdict-1" type="verdictDescription">
<interp inst="t18590704-658-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18590704-658-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.
<hi rend="italic">and received an excellent character.—
<rs id="t18590704-658-punishment-6" type="punishmentDescription">
<interp inst="t18590704-658-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18590704-658-punishment-6" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-658-18590704 t18590704-658-punishment-6"/>Confined Eighteen Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18590704-659">
<interp inst="t18590704-659" type="uri" value="sessionsPapers/18590704"/>
<interp inst="t18590704-659" type="date" value="18590704"/>
<join result="criminalCharge" id="t18590704-659-charge-1" targOrder="Y" targets="def1-659-18590704 t18590704-659-offence-1 t18590704-659-verdict-1"/>
<persName id="def1-659-18590704" type="defendantName">
<interp inst="def1-659-18590704" type="gender" value="male"/>
<interp inst="def1-659-18590704" type="age" value="61"/>
<interp inst="def1-659-18590704" type="surname" value="SHACKLEFORD"/>
<interp inst="def1-659-18590704" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM SHACKLEFORD</hi> (61)</persName>
<rs id="t18590704-659-offence-1" type="offenceDescription">
<interp inst="t18590704-659-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18590704-659-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 10 pair of boots, and 1 table cloth of
<persName id="t18590704-name-41" type="victimName">
<interp inst="t18590704-name-41" type="gender" value="male"/>
<interp inst="t18590704-name-41" type="surname" value="CRAGGS"/>
<interp inst="t18590704-name-41" type="given" value="JAMES SHARPLEY"/>
<join result="offenceVictim" targOrder="Y" targets="t18590704-659-offence-1 t18590704-name-41"/>James Sharpley Craggs</persName>; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18590704-659-verdict-1" type="verdictDescription">
<interp inst="t18590704-659-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18590704-659-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.*</p>
<hi rend="italic">The officer stated that the prisoner had tried to throw the suspicion upon two other workmen who had been discharged in consequence.—
<rs id="t18590704-659-punishment-7" type="punishmentDescription">
<interp inst="t18590704-659-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18590704-659-punishment-7" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-659-18590704 t18590704-659-punishment-7"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18590704-660">
<interp inst="t18590704-660" type="uri" value="sessionsPapers/18590704"/>
<interp inst="t18590704-660" type="date" value="18590704"/>
<join result="criminalCharge" id="t18590704-660-charge-1" targOrder="Y" targets="def1-660-18590704 t18590704-660-offence-1 t18590704-660-verdict-1"/>
<p>660. [
<hi rend="italic">In the case of</hi>
<persName id="def1-660-18590704" type="defendantName">
<interp inst="def1-660-18590704" type="gender" value="male"/>
<interp inst="def1-660-18590704" type="age" value="40"/>
<interp inst="def1-660-18590704" type="surname" value="KESTERTON"/>
<interp inst="def1-660-18590704" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN KESTERTON</hi> (40)</persName>
<rs id="t18590704-660-offence-1" type="offenceDescription">
<interp inst="t18590704-660-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18590704-660-offence-1" type="offenceSubcategory" value="simpleLarceny"/>.
<hi rend="italic">charged with stealing</hi> 144
<hi rend="italic">pounds of veal, value </hi>4
<hi rend="italic">l., the property of </hi>
<persName id="t18590704-name-43" type="victimName">
<interp inst="t18590704-name-43" type="gender" value="male"/>
<interp inst="t18590704-name-43" type="surname" value="NORTH"/>
<interp inst="t18590704-name-43" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18590704-660-offence-1 t18590704-name-43"/>
<hi rend="italic">Thomas North</hi> </persName>, </rs>
<hi rend="italic">the Jury, upon the evidence of </hi>
<persName id="t18590704-name-44" type="witnessName">
<interp inst="t18590704-name-44" type="gender" value="male"/>
<interp inst="t18590704-name-44" type="surname" value="GIBSON"/>
<interp inst="t18590704-name-44" type="given" value="JOHN ROWLAND"/>
<interp inst="t18590704-name-44" type="occupation" value="surgeon of newgate"/>
<hi rend="italic">John Rowland Gibson</hi> </persName>,
<hi rend="italic">Surgeon of Newgate, found the prisoner </hi>
<rs id="t18590704-660-verdict-1" type="verdictDescription">
<interp inst="t18590704-660-verdict-1" type="verdictCategory" value="miscVerdict"/>
<interp inst="t18590704-660-verdict-1" type="verdictSubcategory" value="unfitToPlead"/>
<hi rend="italic">insane and unfit to plead</hi> </rs>.
<rs id="t18590704-660-punishment-8" type="punishmentDescription">
<interp inst="t18590704-660-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18590704-660-punishment-8" type="punishmentSubcategory" value="insanity"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-660-18590704 t18590704-660-punishment-8"/>
<hi rend="italic">Ordered to be detained during Her Majesty's pleasure.</hi> </rs>]</p> </div1>
<div1 type="trialAccount" id="t18590704-661">
<interp inst="t18590704-661" type="uri" value="sessionsPapers/18590704"/>
<interp inst="t18590704-661" type="date" value="18590704"/>
<join result="criminalCharge" id="t18590704-661-charge-1" targOrder="Y" targets="def1-661-18590704 t18590704-661-offence-1 t18590704-661-verdict-1"/>
<persName id="def1-661-18590704" type="defendantName">
<interp inst="def1-661-18590704" type="gender" value="male"/>
<interp inst="def1-661-18590704" type="age" value="27"/>
<interp inst="def1-661-18590704" type="surname" value="ENEFER"/>
<interp inst="def1-661-18590704" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN ENEFER</hi> (27)</persName>
<rs id="t18590704-661-offence-1" type="offenceDescription">
<interp inst="t18590704-661-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18590704-661-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, Stealing 10 books, 100 leaves of a book, and 4
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>. in money of
<persName id="t18590704-name-46" type="victimName">
<interp inst="t18590704-name-46" type="gender" value="male"/>
<interp inst="t18590704-name-46" type="surname" value="NICHOLLS"/>
<interp inst="t18590704-name-46" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18590704-661-offence-1 t18590704-name-46"/>John Nicholls</persName> and another his masters, in the dwelling-house of
<persName id="t18590704-name-47" type="victimName">
<interp inst="t18590704-name-47" type="gender" value="male"/>
<interp inst="t18590704-name-47" type="surname" value="PRINCE"/>
<interp inst="t18590704-name-47" type="given" value="DANIEL"/>
<join result="offenceVictim" targOrder="Y" targets="t18590704-661-offence-1 t18590704-name-47"/>Daniel Prince</persName>.</rs> </p>
<hi rend="smallCaps">MESSRS. GIFFARD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">POLAND</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18590704-name-48" type="witnessName">
<interp inst="t18590704-name-48" type="gender" value="male"/>
<interp inst="t18590704-name-48" type="surname" value="NICHOLLS"/>
<interp inst="t18590704-name-48" type="given" value="JOHN"/>JOHN NICHOLLS</persName> </hi>. I am outfitter and military tailor of 42, Jermyn-street, and also of Leadenhall-street—I was in partnership with my son—he managed the Leadenhall-street business, and I that at Jermyn-street—the prisoner was my clerk at the Leadenhall-street establishment only—on 6th May the partnership between me and my son was dissolved, in consequence of which I determined to make an alteration in the mode of conducting the business, and on Saturday, 7th May, I called the prisoner into my private room at Leadenhall-street about 11 o'clock in the morning, and informed him that I was about making alterations in my establishment, and should require no further services from him after the Monday following, in consequence of my son dissolving partnership with me on that day, and that I should bring my clerk from Jermyn-street, Mr. Scott, on the following Monday to take his place, and would give him a month's salary in lieu of a month's warning—he seemed very much confused and made no reply—I said, "Have you any question to ask me?"—he said, "Have you any fault to find with me?"—I said, "None whatever," and, in a very excited manner, he said, "There is nothing that I would not do to serve you"—I told him that Mr. Scott would come on Monday, and I should require him to go over the ledger with Mr. Scott and myself, and to point out the good, bad, and indifferent debts, and also to inform him what letters had been written in respect of the accounts—the prisoner assented to come on</p>
<xptr type="pageFacsimile" doc="185907040011"/>
<p>Monday morning, and I left immediately, leaving him there—I always leave after being there half an hour or so—on the Monday morning I went again—I got there about quarter to 10, earlier than my usual hour—the prisoner was there with a boy named Sowerby in the counting-house, and without speaking to him, I went into my private room to attend to a little matter or two—I then walked to the end of the large warehouse, and saw the prisoner leaving the front door—he had not spoken to me, or I to him—I directed Smith the warehouseman to go after him immediately—he followed him out, and returned in five minutes without him—Scott was not there, but he came over a few minutes afterwards—my appointment with him was 10 o'clock—I stopped very likely three quarters of an hour—before I left I knew of the ledger being mutilated, several leaves were torn or cut out, and there were several loose leaves in it—my son came before I left; that was after the prisoner had gone—a communication was made to the police afterwards, but I have never received any explanation from the prisoner with reference to the missing books or the mutilation of the ledger.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> When you said you would give him a month's salary did you recommend him to go to the sea side to brace his nerves?
<hi rend="italic">A.</hi> I do not remember it; I might have said, "Have a week's holiday"—if he complained to me of sickness I do not recollect it, but I will not say that he did not—I might have said generally, "If you are ill have a little air"—I remember ho did complain to me of being ill—he had been with me two years—I think his salary was 80
<hi rend="italic">l</hi>.—I am sure it was 10
<hi rend="italic">l</hi>. the first year more than his last place, and 20
<hi rend="italic">l</hi>. more the second year, but my son can tell you; I left it to him—I have a very large business in Jermyn-street, where I have been for fifty, years—my son and I were in partnership for four years, and we were in partnership two years before the prisoner came into our service—the character I had with him was very good, but I have heard something since—I should not have taken him without a good character—my son was not present at my interview with the prisoner, but he knew weeks before that I was going to discharge him—the partnership had been actually dissolved that very morning—I and my son had talked of dissolving partnership on the Wednesday evening only previous to having it Gazetted—it was in the Saturday's paper, and I showed it to the prisoner—it appeared in the
<hi rend="italic">Gazette</hi> on the Friday evening—my son had called on me on Wednesday at my house and related a private matter of his own, in relation to which he wished me to consult my attorney—we went together, and my solicitor recommended a dissolution of the partnership; that was quite at my son's instance—it was a private pecuniary matter of his own which did not concern me or my business—there was a panic at the time on the Stock Exchange, and my son lost money and was a defaulter—he came like an honest young man and stated it to me, wishing me to go to my solicitor, and I acted under his advice—I do not now know that my son has been for some years speculating on the Stock Exchange; I never knew him to do it before—I do not recollect saying to the prisoner, "Mr. Enefer, my son William is no longer my partner; this step is exceedingly painful to me because it not only concerns my son but yourself"—I cannot say that I did not, but I believe I did not—I perfectly recollect saying that he was aware that since I had been in business there was a deficiency in our annual balance-sheet of some 500
<hi rend="italic">l</hi>. or 600
<hi rend="italic">l</hi>.—I did not say each year; one year there was a deficiency of 5 or 600
<hi rend="italic">l</hi>., but the other years it was much less—I said that my son never refused mo an improved statement of the accounts, but that as the books were kept, the accountant could only arrive at the same figures; that</p>
<xptr type="pageFacsimile" doc="185907040012"/>
<p>an improved statement could throw no light upon it—I did not say "and my son would not give the accountant the particulars;" nothing of the kind—I said, "I repeatedly urged on my son the necessity of the accountant investigating the books to discover the error"—(this was at the interview on 7th May)—I do not recollect saying "My son objected, saying, he knew the books were correct, and the error must rest with the accountant"—I may have said something like it, but not that the error must rest with the accountant—I could not have said so with the knowledge I had of the accountant; I am sure I did not—I do not adhere to my answer that I might have said something like it—I did not say, "My son has been drawing about three times the amount of his share, and is a defaulter to an enormous amount," or anything with that import—I did say, "My son has overdrawn his account"—I did not say, "To an enormous amount"—I did not use the word "defaulter"—I did not go on to say, "I have been compelled, to save the house, to dissolve partnership;" nothing in the world like it—I did not tell him that as he did not know something of the military business I did not require him—I do not know whether he was paid his salary weekly—he said, "Mr. Nichols, during the time I have been in your employ have I ever given you cause to be dissatisfied with me?"—I did not answer, "Ever since you have been in this house your conduct has been most exemplary; you have been faithful, conscientious, honest, and everything which an employer could wish;" for I felt somewhat differently—I said that no doubt he would get a situation, but I said nothing about his talents—I did not say "I am very sorry to part with you, and had my son acted honestly with me you and he would both have been in the business now"—I never had the slightest reason to asperse my son—I believe I told the prisoner that I intended to discharge Hawkincloss the cutter—I do not think I said Sowerby the porter also—I did not say, "I do not like him; he has been very impertinent to me on several occasions, but you have always very willingly carried out any wish I have expressed"—I believe I did not say that I had determined on this course at Christmas, after the last balance sheet—I mentioned the amount I had expended on my house at Champion-hill, and assigned that as a reason—the conversation must have taken 10 minutes, or a quarter of an hour—it was a mistake when I said 10 minutes—my son and I balanced the accounts once a year—the prisoner and my son gave the items to me—the accountant made out a balance from my son's statement, which was furnished to him by the prisoner—the balance sheet will show the error on the wrong side—I found that out at Christmas, the year before last—there was an error for two years—I found out that my son had overdrawn by his stating it to me in his interview—he told me that since Christmas he had had about 150
<hi rend="italic">l</hi>. more than he was entitled to—I do not recollect the sum—he had not overdrawn his share, but he had overdrawn what he was allowed to draw—he said nothing about drawing more than he ought up to Christ
<lb/>mas: the balance sheet shows that no balance sheet has been made since Christmas, none was made at the time of the dissolution—he had drawn very likely about 350
<hi rend="italic">l</hi>. altogether, but he was entitled to more than that—there was a sum of money due to him—we balanced, or took stock, at Christmas 1857, and it was on the face of the balance sheet that he had drawn about 100
<hi rend="italic">l</hi>. more than our partnership deed entitled him to draw—I never heard that he gave directions that the debts, good, bad, and indifferent, should be entered as good; it is impossible—the deficiencies are not made up—I found out the errors by the balance sheet, which proved a deficiency somewhere;</p>
<xptr type="pageFacsimile" doc="185907040013"/>
<p>each Christmas, when it was put it into my hands; I, could not tell in what way—I only got it from the balance sheet—I examined none of the books but my private ledger—the others were entirely under the prisoner's control—my son left them to him—my son was master there, and had the control of everything—he had a key to the safe in which the books were kept.</p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> And had the prisoner a key of the chest in which the books were kept?
<hi rend="italic">A.</hi> Yes; I never heard that my son has been speculating for years; and am quite sure it is not true; a more honourable, upright, young man never lived—he told me the truth, and everything relating to the matter, excepting the amount of his loss, which he did not mention, and I did not press it—in making up the accounts it was not concealed from me what my son had drawn—having married recently, his expenses were larger—it never occurred to my mind at Christmas to dissolve partnership, and I therefore never told the prisoner so—my only reason for dissolving partner-ship was the advice of my solicitor—my son never refused my examining the books; it is not the fact, and I never told the prisoner such a thing—I can-not tell whether the error is stock, money, or debts; it is some deficiency—these over drawings by my son form no part of that deficiency; they are accounted for by the drafts, and it does not affect the balance sheet at all—I promised to give the prisoner a cheque on the following Monday, but he went away without it—the deficiency has existed each year that the prisoner has been in my employment—if it appeared on the books that debtors had not paid, I should have to find the debtors, and ask them whether they had paid or not—my son remained in the management of the business after these matters were known, and does still, with my entire confidence, but he is now manager and not a partner—what I was about to say with regard to the prisoner's antecedents was, that I heard from Mr. Smith, a warehouse-man in my employ, that he had mutilated books in some former employment; I do not know whose—I have never said that the prisoner was very honest—only the prisoner and myself were present at the conversation.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-49" type="witnessName">
<interp inst="t18590704-name-49" type="gender" value="male"/>
<interp inst="t18590704-name-49" type="surname" value="NICHOLLS"/>
<interp inst="t18590704-name-49" type="given" value="WILLIAM"/>WILLIAM NICHOLLS</persName> </hi>. I am now managing my father's business in Leadenhall-street—up to 6th May last we were in partnership—I had been principally managing the firm in Leadenhall-street—the prisoner was employed there as clerk and book-keeper—his salary commenced at 80
<hi rend="italic">l</hi>. a-year, then it was 90
<hi rend="italic">l</hi>. a-year, and then 100
<hi rend="italic">l</hi>.—it was his duty to keep all the books—he had charge of all the books—he did not make entries in the "bought" ledger—I did not keep it; it was kept with the other books—I made the entries in it—in the ordinary course of his duty he ought not to take any of the books off the premises—there was an iron safe for the purpose of keeping the books; it was kept in a private room—the prisoner had a key of it—I had the other key—there were only two keys—it was the prisoner's duty to put the books away—in the day-time all the persons in the establishment would have access to the books; they had no oppor
<lb/>tunity of getting to them when placed in the safe—there are some books which still remain safe and unmutilated; they have no reference to the money accounts—the day-book and order-books have not been touched—the prisoner kept the ledger entirely, and he kept the cash-book on one side; I mean he entered all the monies received, I entered all the monies paid—there were money-lent books for entering the sums of money advanced to young midshipmen and others coming home, and who sign their name under the amounts—the money lent-books were exclusively dedicated to that part of the business, to monies advanced by us—there was also a petty cash-book to enter small payments and disbursements—the prisoner kept that</p>
<xptr type="pageFacsimile" doc="185907040014"/>
<p>book—the last petty cash-book in use was a long, narrow, white book, that had been in use from January last; the book in use before that was a short, thick, red book with a clasp to it—on the receipt side of those books he used to enter all small sums he received in the way of ready money sales; and on the payment side he would enter all little sums of money for petty cash matters, or sums of money which he had charged in the money-lent book—if 5
<hi rend="italic">l</hi>. had been advanced to a midshipman it would appear as due to the firm in the money-lent book; it would also appear as a credit to him on the payment side of his petty cash-book—no one had access to the two last named books except the prisoner; he kept them entirely—those books were the property of the firm; I am able to speak to that positively; the last petty cash-book was bought by the prisoner, and charged for in his monthly cash, and allowed by us—in the ordinary course of business the money accounts were made up at the end of every month and submitted to me; if I found the entries in the book corresponded with the columns of payments or advances made by the prisoner, I initialled them as correct—if I found in his petty cash-book 5
<hi rend="italic">l</hi>. advanced to A.B. and also entered in the money lent-book, I initialled it as correct—I sometimes made entries in the money-lent book—in the ordinary course of things no one but the prisoner did so—in the great majority of cases it was the prisoner that made the entries—I occasionally made entries when it was a large sum of money—when I posted the advances from the money-lent books I posted the total amount, to the debtor and creditor cash-book, the monthly total—this is the book in which he entered on one side, and I the other (
<hi rend="italic">produced</hi>)—the prisoner posted the accounts included in these different books to the ledger—he kept the ledger altogether—there is also a book called the rough red cash-book—that is only for receipts, money received from credit customers—we should treat a cheque as cash and enter it as such—either the prisoner or I generally kept the rough red cash-book—on Saturday, 7th May, I saw the prisoner engaged with some of the books—I saw him using the ledger the last thing that afternoon, about half-past 4—I was standing by the desk a few minutes—he was going over the ledger, carefully turning over the leaves—I saw no mutilation in the ledger at that time—I had not any occasion to look into the ledger that day, any more than observing him using it when I was at the desk—to the best of my knowledge it was not mutilated; I could not swear it—the prisoner made no complaint, nor did he call my attention to its being mutilated; he did not say a word—as far as I know it was not mutilated then—I made an entry in the cash-book that afternoon, about 1 o'clock—I can say that the cash-book was safe at that time—I made an entry of the wages—On 3rd of 4th May I went through the April account with the prisoner—at that time all the cash-books I have mentioned were safe—I left on Saturday, the 7th, about half-past 4, or quarter to 5—the prisoner was then in the office—I left him with the ledger—I went to the office on Monday morning, about half-past 10—at that time the prisoner was not in the office—Mr. Scott the new clerk had come to go over the books—the missing books were searched for; the others were all out when he came—we could not find them—the first book that we missed was the cash-book, and afterwards the other books were missed one after the other, the red cash-book, the three money-lent books for the years 1856-57-58 and the two petty cash-books—I did not examine the state of the ledger—Mr. Scott found that out in the afternoon when he wanted to make an account out; he called my attention to it—that was about 3 o'clock—the state of the debt-book was found out the same day, it was mutilated,</p>
<xptr type="pageFacsimile" doc="185907040015"/>
<p>and so was the ledger—I think the state of the ledger was found out before the debt-book—the debt book contained a list of the debts taken out of the ledger every 3 months by the prisoner—from the debt-book in the ordinary course letters or bills are sent to the debtors—about 20 folios were cut out of the debt-book; out of the last list made on 1st January—there are about 70 folios cut out of the ledger (
<hi rend="italic">books pro
<lb/>duced</hi>)—this is the ledger—some leaves are left in loose—the folios are missing from different places—in one place they are missing from 361 to 374—about 73 folios are gone altogether—a folio is one side of a leaf—the 73 folios missing begin with folio 2 up to 372—the folios missing from the debt-book are not consecutive, but cut out in the same manner—the names are not entered alphabetically, but with reference to the folio in the ledger; without the missing folios we could not tell what the reference was—since I saw the petty cash-book last in use the leaves have been cut out to the end of April—I cannot say what proportion of the book has gone—the leaf I that remains is the settlement of the last month on one side—there was an account in that book from January up to that date; that has disappeared—I spoke to the prisoner on the Saturday afternoon as I was leaving, I told him to get the cash accounts ready by Monday morning, and we would take them first before we went through the ledger with the new clerk—that would be the cash account from 30th April down to the date of the prisoner's leaving—he has not paid over or accounted to me for 4
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>. received by him after 30th April—he has not accounted to me for any money received after 30th April; that was the account he was to render to me on the Monday morning. I have examined some papers that were found by the witness Richards in the water-dose, those were the "money-lent" books—I saw Richards take them out of the water-closet, I think on the Thursday after the prisoner had left on the Monday—the water-closet was choked, and it was in consequence of that that it was examined—they are portions of the money-lent books of 1856 and 1857 (
<hi rend="italic">produced</hi>).</p>
<hi rend="italic">Cross-examined. Q.</hi> How long have you been speculating on the Stock-exchange?
<hi rend="italic">A.</hi> I don't know whether I am bound to answer any question of that sort; some few months only; I began last autumn, I think in October or September, 1858—I had bought some shares and different things before that, if you call that speculating; I paid for them—I don't recollect the date when I first bought any shares—I don't know the year; I swear that—I can't recollect whether it was 1856 or 1857, it was one or the other—I said I began in autumn last because you asked me when I began specu
<lb/>lating; by speculating I understand "time bargains"—I began the time bargains last autumn, that was the first; I swear that positively—I had bought railway shares before that—I don't know whether I did not have some time bargains before last autumn—I have had some small time bar
<lb/>gains—I told you I began these small time bargains in 1856 or 1857—I had very little to do at that time—I did speculate in 1856 and 1857—I did not carry it on since then—I have succeeded in some speculations and lost in others—the general balances have been against me, not to a large amount—I have not got any amounts made up and cannot tell—I don't know the amount at the present time—I cannot tell you the amount of my losses; I have not paid all of them; I don't know the amount of my liabilities upon them—I have not had any account from the party I do business with; that is, this last account—I cannot give you any notion of the amount for; 1856 or 1857—I owe nothing for that time—I don't recollect how much I have paid, or what I have lost—I can't tell you whether it was 20
<hi rend="italic">l</hi>., 50
<hi rend="italic">l</hi>.,</p>
<xptr type="pageFacsimile" doc="185907040016"/>
<hi rend="italic">l</hi>., or 200
<hi rend="italic">l</hi>.; it was not 300
<hi rend="italic">l</hi>., that I swear—I can't, without my papers, swear it was not 200
<hi rend="italic">l</hi>. in those two years—I believe I was going on in both years, but I am not prepared with dates and amounts; it was only two or three months out of the year—I had some very small transactions at that time—I commenced again in the autumn of 1858—I was speculating in a new thing in the autumn, some of the new foreign loans that came out, the Turkish loan; I certainly lost an amount of money upon that—I lost all I had, nearly 500
<hi rend="italic">l</hi>.—I paid a portion of it at different times, before the dissolution—I am not in partnership with my father now; I am managing the business for him at a salary—we were five years in partnership—we dissolved on the advice of my solicitor, on account of my having these time bargains—I told my father about it myself; that was the first intimation he had—I have not told him any particulars—I first communicated to him my losses on the Stock Exchange, either at the end of April or beginning of May this year—I did not tell him anything about my losses in 1856 or 1857; I did not tell him what I had lost: I swear that—I told him it was heavy—I don't know the amount I owed on the Stock Exchange at the time of the disso
<lb/>lution—I have not bad an account rendered from the broker I do business with—I told you I had lost about 500
<hi rend="italic">l</hi>., I mean altogether—I have paid two or three sums—I have paid 300
<hi rend="italic">l</hi>. or 400
<hi rend="italic">l</hi>.—I don't know what the amount is I owe now—I can't say; things may be different now—I don't know the amount I owed at the time of the dissolution; it was not 1000
<hi rend="italic">l</hi>. or near it—the account is not closed now that I am aware of—I have not done anything in speculation since—I expect I have paid about 300
<hi rend="italic">l</hi>. or 400
<hi rend="italic">l</hi>., and I lost about 500
<hi rend="italic">l</hi>., but not having had any account, I cannot tell you what I owe now—I don't recollect the date of the last account I had from my broker—I suppose it was in the beginning of April; the dissolution was in May—I have not got that account here—I am not sure that there was not a balance in ray favour on that account; but you must recollect that this was at a time when some things went down 40 per cent, in a day—brokers send in their accounts twice a month, I believe, if you fetch them—the broker has not applied to me since April—I have not gone since April to see if the account was in my favour—I only know that since that last account things have gone bad, but I have never made inquiries since then, so that I don't exactly know what I have lost—I know I have not lost 1000
<hi rend="italic">l</hi>.; you can see by the share-list every day what the prices of things are; you are not obliged to go to the broker to know that—I knew I was a defaulter at the time of the dissolution, but did not know the amount, nor do I now—I only know that things have gone down—whether it is 100
<hi rend="italic">l</hi>. or 200
<hi rend="italic">l</hi>. I don't know—I left the onus on the broker to pay the difference—I was called on to pay and did not—the broker is carrying it on now—I have not troubled my head about how much he has had to pay—it is his place to apply to me, and he has not done so—I don't know how much stock I had open altogether, perhaps some 3,000
<hi rend="italic">l</hi>., 4,000
<hi rend="italic">l</hi>., or 5,000
<hi rend="italic">l</hi>. worth—it was not 10,000
<hi rend="italic">l</hi>. worth—I will not swear that it was not beyond 5,000
<hi rend="italic">l</hi>.—my broker is Mr. Merton, of Bartholomew-lane, he is a broker's clerk—he does it on his own account—I do it through him—brokers' authorized clerks can go on the Stock Exchange—I should say it was not the clerk who was let in for my liabilities—I can't tell you who it was—I don't know their system, or the ins and outs of their business—the broker has not called upon me to pay—I swear that—I have not told him to close my account—I do not know whether the account is open now—according to the present state of the market I am a loser, not a heavy loser—I told my father I was a heavy loser—that was the reason the partner-ship</p>
<xptr type="pageFacsimile" doc="185907040017"/>
<p>was dissolved—I told you that my losses at that time were about 500
<hi rend="italic">l</hi>: more or less—I did not tell my father that—there was not a deficiency on the balance-sheet from the first time of my becoming a partner—the two first years, '54 and '55, the balance was right—it came wrong when we had a change, and different parties in the place—I don't recollect whether that was in '56—there was a small deficiency the first 2 years—there was a deficiency in the '56 or '57—I don't recollect how much without the book—there was 500
<hi rend="italic">l</hi>. deficiency in the last account, or the account before, I believe—I believe it was in '58—I did not make out the balance-sheet.; an accountant did—he did it from what I or the clerk communicated to him—the clerk gave him most of the amounts—he did not look over the books—the last balance-sheet was made up in December last—Mr. Tyler, of the firm of Goodehap and Tyler, was the accountant—by the clerk, I mean the prisoner—the items were written down for the accountant, and from those he made up the balance-sheet—the accountant wanted to have the books—we did not let him have them—we did not think it necessary—I said I did not think it was usual—I did not think it was necessary for him to keep the books—I did not say that he should never look over them—he has never looked over the cash-books—he has gone through them, not inves
<lb/>tigated them—I think it was in '57 that he looked over them—he did not look over the books to make up the balance-sheet of '58—I have no recol
<lb/>lection of his asking to do it—I said it was not customary to have accountants to do our books for us, I considered we ought to be able to do our own books—I considered I could keep the books—I believe there was a deficiency of 500
<hi rend="italic">l</hi>. in '57 or'58—the clerk and I tried to find out how it was, several times; we went through the books—that was not the prisoner; he was not there—we have had two or three clerks—one was named Dickens—that was before the prisoner came into the service—there was not a defi
<lb/>ciency of 500
<hi rend="italic">l</hi>. in '58—it was between 200
<hi rend="italic">l</hi>. end 300
<hi rend="italic">l</hi>.—the books will show—I think the 500
<hi rend="italic">l</hi>. deficiency was the year before—I have no doubt, in order to find out that deficiency, I went over the books, but I can't recollect now—I did not go over the books with the accountant—the prisoner went over his portion, and I went over mine—I did not find out the cause of the deficiency—the accountant had figures given to him, and he made the balance from that—I told my father I could not see any good from the accountant's going through the books—I did not know of the deficiency before the accountant had made out the balance-sheet—I had no means of telling—I only furnished him with the amounts of cash, he put the different figures together—the prisoner and I were in the habit of settling every month—he was in the habit of paying out petty sums, and sometimes there was a balance against him at the end of the month—he, added up what he had paid and received, and I paid him the balance—I do not know that he was in the habit of making advances of petty cash from his own money—it was very seldom that there was any balance due to him—I never said to him, "If my father asks you what money has been received this month do not tell him"—I kept a petty cash-book in my private drawer—this is it (
<hi rend="italic">produced</hi>)—it belongs to the firm, certainly—all the entries relate to the firm—it has some entries copied into it from the other petty cash-book at the prisoner's dictation—all the disbursements of petty cash relating to the firm are not entered from this book into the other, they are entered into the cash-book—it is only the small items, such, as omnibusses and little articles, that are entered here—this was kept in my drawer, locked—it was the only book I had to keep, and I kept it locked up,</p>
<xptr type="pageFacsimile" doc="185907040018"/>
<p>because there was no occasion for other parties to have it—I did not say to the prisoner, "If my father asks you how much money has been received do not tell him: if he wants to see the cash-books, say they are in my private drawer, and I am out and have got the keys;" nothing of the kind he and I used to take out the amounts from all the books—I gave him the amount of cash at the banker's and in hand; any drawing by the partners during the year, and any other disbursements not charged in the cash-book, such as rents and taxes—the cash-book was balanced every month—I wrote down my own amounts—I kept the banking account, drew the cheques, and had the sole management of the money—I took the account of the money that I wrote down at the time, and gave it to the accountant—I desired the prisoner at the annual balancing to put down all debts, good, bad, and indifferent, not as good, but as debts—there was no dis
<lb/>tinction made, so that they would appear on the face of the books to be good—they were not all good—the distinction was not to be made, because some of our customers are out at sea—some debts were actually bad—I desired him to enter them in one sum, to make no distinction, because without the consent of my partner I was not justified in writing off any man's debt as good or bad—my father knew in balancing the accounts what were good and what were bad from my telling him—I told him that a great portion of these were bad; I believed from 2 to 3,000
<hi rend="italic">l</hi>., but not in one year—I cannot say how much in one year—the object of that was not that I might receive a larger share of the profits;—I should be entitled to a larger share if the thing was wound up or sold off-this is the debt book from which the leaves have been torn out; it is in the prisoner's writing—the debts would be rather more than 5 or 6,000
<hi rend="italic">l</hi>. in the year, on which amount there would be quite 5 or 600
<hi rend="italic">l</hi>. bad—there was no object in the prisoner giving more than the total amount of debts here; he gave me the amount on paper—I knew the distinction between good, bad, and indifferent debts; they are all marked in the ledger.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> If there is a distinction made who was it that directed him?
<hi rend="italic">A.</hi> It was done under my direction, and I took his word for it—the result which he handed to me I supposed to tally with the ledger, having arranged together what debts were bad and which were doubtful.</p>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> Are the good, bad, and indifferent debts made out by the prisoner?
<hi rend="italic">A.</hi> Yes, and he makes that entry in the ledger—I make a computation of which are good, bad, or indifferent, and the prisoner enters it in the ledger—in transferring the accounts from the ledger, those that we thought very doubtful were entered in a separate place—the only thing shown to my father is the balance sheet—in transferring the accounts from the old ledger to the new, we drew out those debts which were doubtful, and I told him to put them at the end of the ledger, and the cash-book will show the amounts which the prisoner had paid over to me, and the moneys which I disbursed or had in my possession; the cash book will show all the money that has been received, but the ledger does not show it—here are the initials of my name against the amounts—when the prisoner paid any money to me I initialled it. I do not think any division of profits has ever been squared up yet. The accountant computed profits and all that; he made the balance sheet up from the figures which I gave him—I have talked these deficiencies over with my father—he might have asked me as a partner to get the accountant to go over the books to find them out; he did not desire me.</p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> You say that you said to your father, that it was not necessary for the accountant to keep your books for you, what was the</p>
<xptr type="pageFacsimile" doc="185907040019"/>
<p>proposition made to the accountant?
<hi rend="italic">A.</hi> He came once a month to go through the books; he was paid for it, and that was what I objected to—I did not refuse to allow him to look at the books when he was making up the balance sheet; my father never asked to look at the books, he left all to me—on my solemn oath I have never concealed anything from my father in reference to the firm—this cash-book was kept entirely by me—I paid the wages—it was my book and had reference to the business of the firm—it was for my information and guidance—this "C. B." means "Cash book;" being my book it was kept in my private drawer, and the prisoner had nothing to do with it—I employed Mr. Merton, who is a stockbroker's clerk, but generally without paying him money—I bought some Turkish stock, I don't recollect the amount; it was the new loan 6 percent.; it has fallen and risen twenty times since I bought it; it had fallen just before I dissolved partnership in April—I have owed Mr. Merton money once or twice; I cannot recollect the dates; it was all this year—on finding that the prices of this stock made me a loser in April, I told my father what had happened; I also moved out of my house, and went into lodgings, and reduced my expenditure—all my accounts are settled for 1856 and 1857, and I do not owe a farthing in respect of any transaction then—I am enabling myself to pay Mr. Merton what he has been called upon to pay for me by reducing my expences; it would not make a farthing difference to me, whether the debts were treated as good, bad, or indifferent, only in the case 6f winding up the partnership; then we should take the bad debts off—I think 10 per cent, was allowed by the accountant for bad debts; there were no deficiencies until there was a change of servants—the prisoner was one of the persons who then came into the service, and he had the exclusive care of the books from the time he came—the balance sheets were made up from March, 1854, to March, 1856, and there was a deficiency of a few pounds; we then changed to Christmas—I drew the checks; all the checks for the business appear in the books—I have never drawn money which my father did not afterwards know of; he did not require to know it before—I have given him an account of everything I have taken out of the firm—I have stolen nothing—I had nothing to do with secreting and mutilating the books—I have never had any ill-feelings against or quarrel with the prisoner—I have always been on good terms with him.</p>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> You have told me that the entries in the cash-book were made from that book from the prisoner's dictation; just look at this book (
<hi rend="italic">produced</hi>) are there any private entries?
<hi rend="italic">A.</hi> No; these at the end are memorandums relating to the prisoner, I suppose; I do not know any-thing about them (
<hi rend="italic">reading them</hi>) they do not appear to have any relation to the firm—here is "Due from Mr. Prince to J. E. 10
<hi rend="italic">s</hi>."—"Prince & Co," is the name of the firm—here are a lot of names down here, but they have nothing to do with the firm, they are in the prisoner's writing as disburse
<lb/>ments—this "M. L. B." means "Money-lent book"; that is, money lent by the firm—the disbursements of the firm, from the beginning to May, are hot gone through yet.</p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> This page which is pinned here is 146
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>. is that the last balance you settled with him?
<hi rend="italic">A.</hi> Yes; there are various disbursements apparently in his writing—I cannot tell without going into them whether he has paid them—I do not know that in some instances he has not—there was a person named Sherlock in respect of whom a claim has been made which is paid—Sherlock is not in Court—if the prisoner had made a disbursement to Sherlock, Sherlock's name would</p>
<xptr type="pageFacsimile" doc="185907040020"/>
<p>have appeared in this book, and this (
<hi rend="italic">produced</hi>) is the counterfoil of the money-lent book, and is in the prisoner's handwriting; this is the first book of the kind we have had this year—we have had it from January—I have allowed this claim of the prisoner's; I have not since disallowed it—I have not struck out the allowance out of the book—I have left the entry still, I think Sherlock's father wrote from Cork about this; that is the letter (
<hi rend="italic">produced</hi>)—(
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">objected to the production of this letter, and</hi>
<hi rend="smallCaps">THE COURT</hi>
<hi rend="italic">considered that it was inadmissable</hi>)—I do not assent to that payment now, though I did when I went through the account—the prisoner's wages are paid—I have never seen these private memorandums before, and do not know whether they were entered before the book was taken away.</p>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> If Smith advanced any money from Gravesend or elsewhere to Sherlock, would not the money on his return be entered in the prisoner's writing, and appear as if lent by the prisoner?
<hi rend="italic">A.</hi> It would appear by Smith; it would not be the sum of money only put down to his account; it would be
<hi rend="italic">per</hi> Smith—I can't say whether it was ever done otherwise.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-50" type="witnessName">
<interp inst="t18590704-name-50" type="gender" value="male"/>
<interp inst="t18590704-name-50" type="surname" value="SPITTLE"/>
<interp inst="t18590704-name-50" type="given" value="JOHN"/>JOHN SPITTLE</persName> </hi>. I am a detective city office—I took the prisoner, on 10th May about half-past 8 o'clock, in Lorrimer-road, Walworth, about one hundred yards from his own house—a constable was with me—I had received information the night previous—I told him we were police officers; that we arrested him on the charge of stealing a cash book, and some leaves out of a ledger, belonging to his employers, Messrs. Price and Co., of 11, Leadenhall-street—he said he knew nothing about it—I told him it would he necessary to search the house—he said, "Very well; but am I to consider myself in custody"—I said, "Yes"—I then took him and went with Allen to search the prisoner's house—when in the front parlour, I asked him where the books were that he had brought from the firm on Saturday night—he said, "Which do you mean? I brought none away; but two were brought away by the lad belonging to the firm, and I think one is up stairs"—we went up stairs to a room on the second floor—the prisoner took us up, and we looked about, and in a minute or two, not being able to find them, he said that they must be down stairs—he called down stairs to his wife, describing a book, and she afterwards brought up one which has been produced, which the prisoner handed to me in the same state as it is now, with these leaves torn out—I said, "Some leaves have been torn out, what have you done with them?"—he said, "I have torn them up, it is only my own petty cash book"—I asked him for the other book, he said that he burnt that on Sunday morning; this being Tuesday morning—we went down into the kitchen where his wife was—I spoke about the other book, and the prisoner asked his wife with respect to it, describing it as a book with a red cover and a clasp—she replied," You burnt that yesterday evening"—he put it as a question to her, "What did I do with that book, or did I not burn that book?"—I saw some flakes of burnt paper on the hearth.</p>
<hi rend="italic">Cross-examined. Q.</hi> Had you seen Sowerby before you met the prisoner?
<hi rend="italic">A.</hi> No, I received the information about the books from the firm—Sowerby had mentioned that he took a parcel home which contained some books—he was a servant of the prosecutor's and is now—I served him with a subpoena last night—the prisoner gave me every facility; he has been out on his own recognizance, it may have been for a whole month.</p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> When was it he was out on his own recognizance?
<hi rend="italic">A.</hi> Between the first and second remands I believe—I know he was out on</p>
<xptr type="pageFacsimile" doc="185907040021"/>
<p>bail for a month—he was remanded twice or three times—the prisoner said he had sent the books by Sowerby—I do not know that he claimed them.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-51" type="witnessName">
<interp inst="t18590704-name-51" type="gender" value="male"/>
<interp inst="t18590704-name-51" type="surname" value="ALLEN"/>
<interp inst="t18590704-name-51" type="given" value="THOMAS"/>THOMAS ALLEN</persName> </hi> (
<hi rend="italic">City-policeman,</hi> 448). On Tuesday morning, 10th May, I was present when the prisoner was arrested by Spittal.</p>
<hi rend="italic">Cross-examined). Q.</hi> Did you hear him say that the books found were his own?
<hi rend="italic">A.</hi> No.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-52" type="witnessName">
<interp inst="t18590704-name-52" type="gender" value="indeterminate"/>
<interp inst="t18590704-name-52" type="surname" value="SMITH"/>
<interp inst="t18590704-name-52" type="given" value="PELLATT"/>PELLATT SMITH</persName> </hi>. I am a warehouseman in the prosecutor's service—I saw Mr. William Nicholls leave the warehouse on Saturday, 7th May, about 5 or a little after—I did not notice the time particularly—I saw the prisoner there that night; he left as near as I can recollect about 6 o'clock, and I think in company with the boy Sowerby—I did not see him with the books, or going towards the counting-house—I was busy and did not notice what he was doing—I was the last on the premises—I left everything safe, and locked up and took the key with me—I saw none of the books lying about; I should have noticed them if they had been—on the Monday morning I was the first person who came; I had the key—everything appeared quite as it was when I left on Saturday night—the prisoner came at about a quarter past 8, which was about an hour earlier than his usual time—I did not notice how he employed himself but I saw him at his desk some little time after he came—I did not see him go into the private room or come out, but I knew that he had been in because he had some of the books in the counting house—I had some conversation with him, but he said nothing about any of the books being missing, or to anybody in my hearing—Mr. John Nicholls came about 10 o'clock; the prisoner was there then, but 10 minutes or a quarter of an hour afterwards I saw him go away—Mr. Nicholls spoke to me almost immediately afterwards, and in consequence of what he said, I went and looked after the prisoner but could not find him—about 20 minutes or half an hour afterwards Mr. William Nicholls came, And then he came from the little room where the books were kept, and in consequence of what he said I helped him to look for the books—we did not discover how many were gone at first—it occasionally forms part of my duty to receive money for ready money sales, which it was my duty to hand to the prisoner—on 3d May, I sold two chairs to a ready money customer, and a looking-glass at is 4
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., and a mug at 1
<hi rend="italic">s</hi>.; I received the money, and handed the amount to the prisoner on the following day: he entered it; I did not—I believe he generally crosses it out when the money has been paid by me—this is the book (
<hi rend="italic">produced</hi>); it is in the prisoner's writing as received by him—here is the entry and the name of the party to whom it was sold—R. M. S. means ready money sale—the entry is in the prisoner's writing.</p>
<hi rend="italic">Cross-examined. Q.</hi> What is this book? (
<hi rend="italic">Handing one to the witness</hi>).
<hi rend="italic">A.</hi> The order book—it was kept with the other books in the counting-house or else in the safe, locked up at night—all the entries here are in the prisoner's writing, beginning May 2d down to May 7th—this is not taken from another book—I gave him these items—I imagine this stroke to intimate that he has received the money—I saw the prisoner at a quarter past 8 on the Monday when he came, and again about 11 o'clock in Bishopsgate-street—old Mr. Nicholls sent me into Leadenhall-market after him, and he sent to me saying that he wished to see me—I met him at the corner of Bishopsgate-street—I was not with him at the Lamb Tavern—I did not see Mr. Hadley with him—I said nothing about Mr. Nicholl's having treated him very badly, turning him away without notice, merely</p>
<xptr type="pageFacsimile" doc="185907040022"/>
<p>giving him a month's salary—I cannot say whether anything was said about young Mr. Nicholls being a defaulter—a desultory conversation took place in the street between me and Mr. Wilmot, and Pope and Enefer, but I did not hear what the words were—Mr. Pope is Mr. Nicholl's attorney, and I believe Wilmot was sent by him—I did not hear anything said about a defaulter—I did not at any time-see the prisoner send away these two books from the place—I know Sowerby—I saw him on Saturday night—I did not see the prisoner give anything to him; I don't know that he did, or that Sowerby took anything away—I have heard from the prisoner that he did—Sowerby is not still in Mr. Nicholls' employment; he left about a week after the prisoner—I know that the prisoner had a book in his desk; this white book is it—there was a red book in use previous to this white one—he kept them locked in his own desk—I know that he made private memorandums in this book—I heard the prisoner say at the interview on the Monday, when Mr. Pope was present, that he had sent the two books to his own house by Sowerby—he also said that they were his own books—he has lent me money—that was a private matter—he used to enter it in one end of the white book—I can't recollect when he last lent me any money—sometimes he used to lend me some, and sometimes I used to lend him some—I have no doubt this is correct—if I was not there and anything came in he used to pay for it and charge it—here is "Dinner, 1
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>.," and "Cash, 1
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>."—that is correct—at the time he left I was indebted to him—I have paid him since—I believe the entry is in this book—it has nothing to do with the firm—a man named Brooks lives in the warehouse—I have a key of the warehouse, and so has Mr. Nicholls—I imagine he could get in at any time—when the prisoner came on the Monday morning he did not say that he had come to take away his private letters and papers; he said he thought of going a trip into the country—I knew he was going to leave—I believe he said something about Mr. Nicholls treating him rather sharply, after being there two years to send him away with only a month's notice—he did not say that he had come there earlier to get his privates papers; he did not mention private papers—I don't know whether he had private papers in his desk or not—he had a key to a drawer of the desk at which he sat—I saw him go away—I was so busy with my own work that I did not notice what he was doing or what he had with him—he said something about having a parting glass with him—he stated to Mr. Pope and the others that he had two books at home, and they were his own, and he denied all knowledge of the others—that was in Bishopsgate-street—an observation was made that somebody else might be interested in removing the books—no name was mentioned—I did not hear Mr. Pope say that he was perfectly satisfied with the prisoner's answers, and he should at once advise Mr. Nicholls not to adopt the course he had threatened—I did not hear anything of the sort—I am there still—I endeavour to do my duty—I was in the habit of going down to meet ships, and occasionally lending money to midshipmen for Mr. Nicholls—when I came back I gave the names to the prisoner, and he entered them in the money-lent book—sometimes it would appear as if the money was actually advanced by him—when I advanced it he invariably put my name against it—I have not known any mistakes made about that; I cannot recollect any; there might have been—I know Mr. Church—he advanced money as I did for some time—I believe there was a mistake of 10
<hi rend="italic">s</hi>. made in the money-lent book—it appeared in prisoner's name.</p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> What was this mistake, and when did it take place?
<hi rend="italic">A.</hi> I believe it was with a gentleman named Carnell—Mr. Church said he had</p>
<xptr type="pageFacsimile" doc="185907040023"/>
<p>given him the 10
<hi rend="italic">s</hi>. and Mr. Carnell said he had not received it, and I believe in consequence of that his father took his custom from our house—it has never yet been ascertained who was right or wrong—it has nothing what-ever to do with this matter—the prisoner and I have lent each other money almost ever since he came there—this "24—2—59" in the book means 24 Feb.—that is the prisoner's writing—that is what I call the private me
<lb/>morandum—it is at the end of the book—I am not aware that there were any private memorandums at the beginning of the book, where the leaves are torn out—those I knew of are there still—I did not say that Mr. Pope was Mr. Nicholl's solicitor; he was engaged by Mr. Nicholls at that time in collecting some accounts—he never was Mr. Nicholl's solicitor in this pro
<hi rend="smallCaps">
<persName id="t18590704-name-53" type="witnessName">
<interp inst="t18590704-name-53" type="gender" value="male"/>
<interp inst="t18590704-name-53" type="surname" value="LEWIN"/>
<interp inst="t18590704-name-53" type="given" value="GEORGE"/>GEORGE LEWIN</persName> </hi>. I am in the prosecutor's employment—on Monday morning, 9th May, I went to Leadenhall-street—I got there about 20 minutes before 9, when I got there the prisoner was there—I first saw him in the counting-house near the desk—I can't say what he was doing—I think he was looking over the books there—I afterwards saw him go into the private room, where the safe was kept, and saw him taking out some books—I can't say what books they were, or what description of books—he took them into the counting-house, and put them into his desk—after that I noticed him leave the premises; that was a little before 10—as he was going out I asked him if Mr. Nicholls came, what time he should be back—(Mr. William Nicholls had not arrived at that time)—he said he thought of going down into the country that morning, and returning about the Wednesday fol
<lb/>lowing—it is part of my duty to receive cash for ready money sales to chance customers, and to hand the money to the prisoner—this (
<hi rend="italic">produced</hi>) is my rough sale book, in which I enter the sales—I find in the order book an entry of 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. as a sale made by me—I handed that over to the prisoner on the same day—here is also an entry of 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. on 3rd May, of a similar sale made by me—I handed that over to the prisoner—I handed the sums to him separately—on 4th May there is an entry of the sale of goods by me to the amount of 9
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>.—I handed that over—on 7th May here is 18
<hi rend="italic">s</hi>. and 9
<hi rend="italic">s</hi>.—I handed both those over to the prisoner, and on 8th May here is 13
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. and 1
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>.—the receipt of the money is acknowledged by the prisoner; he crosses it off in my book.</p>
<hi rend="italic">Cross-examined. Q.</hi> The entry there is in his own hand-writing.
<hi rend="italic">A.</hi> Yes, in this book—this is my book, it belongs to the firm, but I use it as a me
<lb/>morandum book; the prisoner acknowledges the receipt by this stroke down—that is in my book—I know nothing about his book—this stroke shows that he received it—I saw the prisoner leave; he did not say he was going to buy a pair of braces, he said he was going to the country—I did not see him pack up some letters; I saw him clearing out his drawer.</p>
<hi rend="smallCaps">MR. POLAND</hi>.
<hi rend="italic">Q.</hi> When the prisoner marked off these sums in your book did he say anything?
<hi rend="italic">A.</hi> He said that would be sufficient—I asked him if he would put his initials to it; he said no, this would be sure to prove that he had received the money—he always did so.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-54" type="witnessName">
<interp inst="t18590704-name-54" type="gender" value="male"/>
<interp inst="t18590704-name-54" type="surname" value="RICHARDS"/>
<interp inst="t18590704-name-54" type="given" value="CHARLES"/>CHARLES RICHARDS</persName> </hi>. I am a smith—I went to Messrs. Nicholl's premises in May last; I examined the water closet, and found a large quantity of papers—they seemed as if they had been recently put there—it was very closely packed together, as though cut out of books—some of it was quite unsoiled, it seemed to have been cut up—in consequence of directions I received I washed a great quantity of it and laid it out to dry at the pro
<lb/>secutor's place—I reached all the paper out of the closet as far as I could—</p>
<xptr type="pageFacsimile" doc="185907040024"/>
<p>there might be a good deal that I could not reach—I did not see any—I believe there was more there than I could reach.</p>
<hi rend="italic">Cross-examined. Q.</hi> Do you know what has become of what you did fish up?
<hi rend="italic">A.</hi> No, I do not—I will not swear that there was no more remaining in the closet—they may have been cut with a knife—they were not in large pieces—what I took up was in square pieces—this (
<hi rend="italic">produced</hi>) is like a sample; I could not swear to it—I took out enough to fill a large basket.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-55" type="witnessName">
<interp inst="t18590704-name-55" type="gender" value="male"/>
<interp inst="t18590704-name-55" type="surname" value="LEWIN"/>
<interp inst="t18590704-name-55" type="given" value="GEORGE"/>GEORGE LEWIN</persName> </hi> (
<hi rend="italic">re-examined</hi>). I gave these to Spittle—I believe they came out of the water-closet—this is a portion of what was given to me.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-56" type="witnessName">
<interp inst="t18590704-name-56" type="gender" value="male"/>
<interp inst="t18590704-name-56" type="surname" value="NICHOLLS"/>
<interp inst="t18590704-name-56" type="given" value="WILLIAM"/>WILLIAM NICHOLLS</persName> </hi> (
<hi rend="italic">re-examined</hi>). These formed a portion of the money-lent books.</p>
<hi rend="italic">Cross-examined. Q.</hi> Can you say Whether they formed a portion of any other books?
<hi rend="italic">A.</hi> No other books—I have examined all that Richards took out of the closet—Richards gave them to me—I went through every one at the time he
<hi rend="italic">roked</hi> them out, on the Thursday—the money-lent book, out of which they were torn, is not here; it is one of the missing books.</p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> Was it you who suggested that the plumber should be sent for?
<hi rend="italic">A.</hi> No; Mr. Humphreys—no one sleeps in the warehouse; it is locked up—the house that has been spoken of has no communication with the warehouse except through the door—I think Sowerby was under notice to leave at the same time as the prisoner—my father spoke to him.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> The money-lent books for 1856-57-58 were missing how many books would that be?
<hi rend="italic">A.</hi> Either two or three.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-57" type="witnessName">
<interp inst="t18590704-name-57" type="gender" value="male"/>
<interp inst="t18590704-name-57" type="surname" value="ASTON"/>
<interp inst="t18590704-name-57" type="given" value="JOSEPH"/>JOSEPH ASTON</persName> </hi>. I am a locksmith in the employment of Deane and Co., the ironmongers—I was sent for to 11, Leadenhall-street, to examine an iron safe—I examined the lock; it had not been picked or tampered with in any way—it could only have been opened with the regular key.</p>
<hi rend="smallCaps">SCOTT</hi>. I was the clerk in Jermyn-street—on 9th May I went to the premises in Leadenhall-street for the purpose of being installed as the new clerk—I got there at 10 o'clock, before young Mr. Nicholls—I was not engaged in looking for the books at any time—my attention was first called to the fact of the books being absent, when Mr. Nicholls, sen., came; he was there before me—it was about ten minutes after I got there that my attention was called to the books Seeing missing—we made a search for them, and were not able to find them—we were not looking for any particular book in the first instance; we were looking for the whole of the books used in the business—I was going to act as clerk in that particular business, and wanted to see the whole of the books—at that time the prisoner had gone away—we discovered the mutilations very shortly after, on going over the ledger.</p>
<hi rend="smallCaps">MR. GIFFARD</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">JOHN SPITTLE</hi>.
<hi rend="italic">Q.</hi> You mentioned that you had subpoenaed Sowerby; have you seen him here all the day?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="italic">Cross-examined. Q.</hi> You subpoenaed him for the prosecution?
<hi rend="italic">A.</hi> Certainly—the prisoner did not give me a packet of papers and letters—I saw a packet in the kitchen, and his wife said those were what he brought home—they were not love letters, some relating to the business of the firm.</p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> Were there any leaves of books?
<hi rend="italic">A.</hi> No.</p>
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">submitted that there was no case to go to the jury, either of larceny or embezzlement; as to larceny, he contended that the money was never in the masters possession; and as to embezzlement, there was no secrecy, the receipt was acknowledged, and the time for accounting had not arrived.</hi> </p>
<hi rend="smallCaps">MR. GIFFARD</hi>
<hi rend="italic">contended that there was abundant evidence of larceny, in as much much as the money was in the possession of the master as soon as it was received by the servant, who afterwards handed it over to the prisoner; but the substantial part of the case was, no doubt, that which referred to the books.</hi> </p>
<xptr type="pageFacsimile" doc="185907040025"/>
<hi rend="italic">The</hi>
<hi rend="smallCaps">RECORDER</hi>
<hi rend="italic">was of opinion that there was a case for the jury</hi> </p>
<hi rend="italic">The prisoner received a good character.</hi> </p>
<hi rend="smallCaps">
<rs id="t18590704-661-verdict-1" type="verdictDescription">
<interp inst="t18590704-661-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18590704-661-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18590704-661-punishment-9" type="punishmentDescription">
<interp inst="t18590704-661-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18590704-661-punishment-9" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-661-18590704 t18590704-661-punishment-9"/>Four Years' Penal Servitude.</rs> </hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, July</hi> 5
<hi rend="italic">th,</hi> 1859.</p>
<hi rend="largeCaps">PRESENT</hi>—Sir
<hi rend="smallCaps">CHAPMAN MARSHALL</hi>, Knt. Ald.; Sir
<hi rend="smallCaps">ROBERT WALTER CARDEN</hi>, Knt. Ald., M.P.; Mr. Ald.
<hi rend="smallCaps">CUBITT</hi> M.P.,; and
<hi rend="smallCaps">ROBER MALCOLM KERH, ESQ</hi> </p>
<hi rend="italic">before Robert Malcolm Kerr, Esq., and the Sixth Jury.</hi> </p>
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<persName id="def1-662-18590704" type="defendantName">
<interp inst="def1-662-18590704" type="gender" value="male"/>
<interp inst="def1-662-18590704" type="age" value="45"/>
<interp inst="def1-662-18590704" type="surname" value="BURKE"/>
<interp inst="def1-662-18590704" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN BURKE</hi> (45)</persName>
<rs id="t18590704-662-offence-1" type="offenceDescription">
<interp inst="t18590704-662-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18590704-662-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Feloniously uttering counterfeit own, to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18590704-662-verdict-1" type="verdictDescription">
<interp inst="t18590704-662-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18590704-662-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18590704-662-punishment-10" type="punishmentDescription">
<interp inst="t18590704-662-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18590704-662-punishment-10" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-662-18590704 t18590704-662-punishment-10"/>Ten Years Penal Servitude.</rs> </hi> </p> </div1>
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<persName id="def1-663-18590704" type="defendantName">
<interp inst="def1-663-18590704" type="gender" value="female"/>
<interp inst="def1-663-18590704" type="age" value="32"/>
<interp inst="def1-663-18590704" type="surname" value="JONES"/>
<interp inst="def1-663-18590704" type="given" value="MARTHA"/>
<hi rend="largeCaps">MARTHA JONES</hi>,
<hi rend="italic">alias
<rs id="t18590704-alias-1" type="alias">
<join result="nameAlias" targOrder="Y" targets="def1-663-18590704 t18590704-alias-1"/> Elizabeth Kemp</rs> </hi> (32)</persName>, was indicted
<rs id="t18590704-663-offence-1" type="offenceDescription">
<interp inst="t18590704-663-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18590704-663-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence; to which she</rs> </p>
<hi rend="smallCaps">
<rs id="t18590704-663-verdict-1" type="verdictDescription">
<interp inst="t18590704-663-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18590704-663-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18590704-663-punishment-11" type="punishmentDescription">
<interp inst="t18590704-663-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18590704-663-punishment-11" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-663-18590704 t18590704-663-punishment-11"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18590704-664">
<interp inst="t18590704-664" type="uri" value="sessionsPapers/18590704"/>
<interp inst="t18590704-664" type="date" value="18590704"/>
<join result="criminalCharge" id="t18590704-664-charge-1" targOrder="Y" targets="def1-664-18590704 t18590704-664-offence-1 t18590704-664-verdict-1"/>
<persName id="def1-664-18590704" type="defendantName">
<interp inst="def1-664-18590704" type="gender" value="male"/>
<interp inst="def1-664-18590704" type="age" value="18"/>
<interp inst="def1-664-18590704" type="surname" value="BAKER"/>
<interp inst="def1-664-18590704" type="given" value="JOSEPH"/>
<hi rend="largeCaps">JOSEPH BAKER</hi> (18)</persName>
<rs id="t18590704-664-offence-1" type="offenceDescription">
<interp inst="t18590704-664-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18590704-664-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MESSRS. COOKE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">BEST</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18590704-name-61" type="witnessName">
<interp inst="t18590704-name-61" type="gender" value="female"/>
<interp inst="t18590704-name-61" type="surname" value="WILTSHIRE"/>
<interp inst="t18590704-name-61" type="given" value="JANE"/>JANE WILTSHIRE</persName> </hi>. I am the wife of George Wiltshire, who keeps the Bell Tavern, Newgate Market—on Saturday, June 4, the prisoner came about nine in the evening—I knew him before as a journeyman baker—he asked for a glass of ale, for which we charge 2
<hi rend="italic">d</hi>., and put a 2
<hi rend="italic">s</hi>. piece on the counter—I gave him change, 1
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. and a 4
<hi rend="italic">d</hi>. piece—he called my attention to the ale being warm—I did not examine the 2
<hi rend="italic">s</hi>. piece till I was going to put it in the till—I suspected it before, and was going to try it, when he drank the ale in a very great hurry, and went away—he could not see me going to try it; I think he must have seen the movement of my hand—I examined it after he had left—it was bad—I kept it separate in a piece of paper in my pocket—I marked it, and gave it to the officer on 14th June.</p>
<hi rend="italic">Prisoner. Q.</hi> Where did you put the 2
<hi rend="italic">s</hi>. piece.
<hi rend="italic">A.</hi> On the place where I wash my glasses, down below the till; not in the till—you quite trembled while you drank the ale—I followed you immediately, but you were gone—you could not have stood at the door five minutes—I never saw you outside the door at all—as soon as you quitted I followed you, but you were, not to be seen.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-62" type="witnessName">
<interp inst="t18590704-name-62" type="gender" value="indeterminate"/>
<interp inst="t18590704-name-62" type="surname" value="FLINT"/>
<interp inst="t18590704-name-62" type="given" value="FRDERICK"/>FRDERICK FLINT</persName> </hi>. I am a stationer in Farringdon-street—o" the evening of 14th June the prisoner came to my shop—he asked for a penny pencil and a penny memorandum-book—I placed them on the counter; and he took out of his pocket two shillings—I detected by the shade of the light that one was bad; and that bad one he gave me—I saw that he fumbled them about in order to give me the bad one—I told him it was bad, and asked him where he got it—he said, "In a public house in Bloomsbury"—I asked him where he lived, and he said in Queen-street—I sent for an officer, and gave him into custody—I gave the officer the bad shilling.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-63" type="witnessName">
<interp inst="t18590704-name-63" type="gender" value="male"/>
<interp inst="t18590704-name-63" type="surname" value="DRINKWATER"/>
<interp inst="t18590704-name-63" type="given" value="CHARLES"/>CHARLES DRINKWATER</persName> </hi> (
<hi rend="italic">City policeman,</hi> 40). I was sent for to take the prisoner about half-past 6 o'clock—I took him to the station; searched</p>
<xptr type="pageFacsimile" doc="185907040026"/>
<p>him, and found on him one good shilling and one penny piece—he gave his address in Queen-street, Drury-lane—I received this 2
<hi rend="italic">s</hi>. piece from Mrs. Wiltshire, and this shilling from Mr. Flint.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-64" type="witnessName">
<interp inst="t18590704-name-64" type="gender" value="male"/>
<interp inst="t18590704-name-64" type="surname" value="WEBSTER"/>
<interp inst="t18590704-name-64" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. I am Inspector of coin to the Royal Mint—these are both bad.</p>
<hi rend="italic">Prisoner's Defence.</hi> I took the shilling in a public-house—I gave it to this gentleman and he said it was bad—as for the 2
<hi rend="italic">s</hi>. piece I can't say where I got it.</p>
<hi rend="smallCaps">
<rs id="t18590704-664-verdict-1" type="verdictDescription">
<interp inst="t18590704-664-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18590704-664-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18590704-664-punishment-12" type="punishmentDescription">
<interp inst="t18590704-664-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18590704-664-punishment-12" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-664-18590704 t18590704-664-punishment-12"/>Confined Twelve Month</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18590704-665">
<interp inst="t18590704-665" type="uri" value="sessionsPapers/18590704"/>
<interp inst="t18590704-665" type="date" value="18590704"/>
<join result="criminalCharge" id="t18590704-665-charge-1" targOrder="Y" targets="def1-665-18590704 t18590704-665-offence-1 t18590704-665-verdict-1"/>
<persName id="def1-665-18590704" type="defendantName">
<interp inst="def1-665-18590704" type="gender" value="male"/>
<interp inst="def1-665-18590704" type="age" value="18"/>
<interp inst="def1-665-18590704" type="surname" value="TAYLOR"/>
<interp inst="def1-665-18590704" type="given" value="SAMUEL"/>
<hi rend="largeCaps">SAMUEL TAYLOR</hi> (18)</persName>, was indicted
<rs id="t18590704-665-offence-1" type="offenceDescription">
<interp inst="t18590704-665-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18590704-665-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<hi rend="smallCaps">MESSRS. COOKE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">BEST</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18590704-name-66" type="witnessName">
<interp inst="t18590704-name-66" type="gender" value="male"/>
<interp inst="t18590704-name-66" type="surname" value="LEWIS"/>
<interp inst="t18590704-name-66" type="given" value="WILLIAM"/>WILLIAM LEWIS</persName> </hi>. I am groom to Mr. Cox, 14, Queen-square Mews—the prisoner first came to me there, about three weeks before 9th June, he bought some hay-bands of me for which he was to give me 5
<hi rend="italic">d</hi>.—he gave me a shilling, and I gave him 7
<hi rend="italic">d</hi>. out—I put the shilling in my pocket—I had no other shilling there—in the course of that day I went to a public-house and got something to drink—I tendered that shilling in payment and found it was bad—I kept it by itself at home till I gave it to the constable on 9th June—I kept it separate from all other money—on 9th June, the prisoner came again to the mews between 9 and 10 in the morning; he bought some more hay-bands—he was to give me 4 1/2
<hi rend="italic">d</hi>. for them—he tendered me in payment a shilling—I took it up and tried it and found it was bad—I sent for a constable—when the constable came, I told him he had given me a bad shilling when he came before—he said he had not been there for five weeks and he had never bought any bands of me before—he said, before the constable came, that he had got a sixpence if I had got a penny—I gave the two shillings to the constable.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> When the constable came did the prisoner then say that he had coppers in his pocket?
<hi rend="italic">A.</hi> No; he never said anything about coppers—I am in the habit of selling hay-bands—I always sell what we have—we have not a large quantity—I had not sold any other hay-bands on the day three weeks before the 9th of June—when I sell the hay-bands I don't give the money to Mr. Cox, it is my own perquisite—I have a guinea a week from Mr. Cox—I think the first time the prisoner came to me was about the middle of the week—I had not seen him before—I had not sold any hay-bands between that day and the day I gave the prisoner in custody—I did not say a word about his being the person who bought hay-bands three weeks before, and gave me a bad shilling, till he gave me this bad shilling again—I thought he would deny it—I waited to see if he would give me another bad one before I gave him in custody.</p>
<hi rend="smallCaps">MR. COOKE</hi>.
<hi rend="italic">Q.</hi> Are you satisfied that the prisoner is the same person you saw on both occasions?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-67" type="witnessName">
<interp inst="t18590704-name-67" type="gender" value="male"/>
<interp inst="t18590704-name-67" type="surname" value="GEARING"/>
<interp inst="t18590704-name-67" type="given" value="WILLIAM"/>WILLIAM GEARING</persName> </hi> (
<hi rend="italic">Policeman, B</hi> 86). I was sent for to Queen-square Mews on 9th June—I saw the last witness; he said he should give the prisoner in custody for passing a bad shilling that morning, and that he had passed one three weeks previously—the prisoner said, "I did not give you the shilling; I have not been here these five weeks, and I never passed any bad money in my life"—I was about to search him, and he took out of his pocket two crowns, seven half-crowns, a florin, a shilling, a sixpence, and a 4
<hi rend="italic">d</hi>. piece, 1
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>. in all—I found in another pocket 1
<hi rend="italic">s</hi>. 4 1/2
<hi rend="italic">d</hi>. in copper money—these are the two shillings which the groom gave me.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-68" type="witnessName">
<interp inst="t18590704-name-68" type="gender" value="male"/>
<interp inst="t18590704-name-68" type="surname" value="WEBSTER"/>
<interp inst="t18590704-name-68" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are both bad.</p>
<hi rend="smallCaps">
<rs id="t18590704-665-verdict-1" type="verdictDescription">
<interp inst="t18590704-665-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18590704-665-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18590704-666">
<interp inst="t18590704-666" type="uri" value="sessionsPapers/18590704"/>
<interp inst="t18590704-666" type="date" value="18590704"/>
<join result="criminalCharge" id="t18590704-666-charge-1" targOrder="Y" targets="def1-666-18590704 t18590704-666-offence-1 t18590704-666-verdict-1"/>
<xptr type="pageFacsimile" doc="185907040027"/>
<persName id="def1-666-18590704" type="defendantName">
<interp inst="def1-666-18590704" type="gender" value="female"/>
<interp inst="def1-666-18590704" type="age" value="66"/>
<interp inst="def1-666-18590704" type="surname" value="HOGAN"/>
<interp inst="def1-666-18590704" type="given" value="BRIDGET"/>
<hi rend="largeCaps">BRIDGET HOGAN</hi> (66)</persName>, was indicted
<rs id="t18590704-666-offence-1" type="offenceDescription">
<interp inst="t18590704-666-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18590704-666-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<hi rend="smallCaps">MESSRS. COOKE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">BEST</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18590704-name-70" type="witnessName">
<interp inst="t18590704-name-70" type="gender" value="female"/>
<interp inst="t18590704-name-70" type="surname" value="SEARLE"/>
<interp inst="t18590704-name-70" type="given" value="ELIZABETH"/>ELIZABETH SEARLE</persName> </hi>. I am the wife of Joseph Searle, who keeps the George public-house in Crown-street, Soho. On Saturday, 11th June, the prisoner came into the house about 4 o'clock in the afternoon—she asked for a pennyworth of gin—I served her—she paid me with a shilling—I gave her 11
<hi rend="italic">d</hi>. change, and put the shilling in the till with other money—the prisoner left the house—she returned in about half an hour and asked for a pennyworth of gin, and paid me with another shilling, and I gave her 11
<hi rend="italic">d</hi>.—I put that second shilling in the same till as the other—after the prisoner had left the house the second time I cleared the till and found I had in it two bad shillings—I placed them apart from the good money—the prisoner came in again in about half an hour afterwards, and asked for a pennyworth of gin—she drank it, and paid me again with a shilling—I gave her 11
<hi rend="italic">d</hi>. and put that third shilling in the till—I had then five single shillings in the till; they were what I had kept, after having given change for a sovereign to a customer—I am positive they were good—I had no other shilling in the till except those five good ones—after the prisoner was gone the third time my husband opened the till and called my attention to a shilling—I examined it and found it to be bad—I bent it in the detector and put it by itself—the prisoner came in a fourth time, about 6 o'clock, for a pennyworth of gin—I drew the gin but did not give it her—I asked her for her money—she tendered me a shilling—I took it in my hand and looked at it, and told her it was bad; and I said, "I waited to see if you would come again; this is the fourth bad shilling you have given me to-day"—I said to my husband, "This is the old woman that gave me the bad money to-day, and she has brought another"—the prisoner said she did not know it was bad, and asked me to give it her back—I said, "No."—my husband asked her where she-lived, and she said, "Where I stand"—I sent for a constable and gave him the four bad shillings—I had pre
<lb/>viously marked the last two.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. H. BROWN</hi>.
<hi rend="italic">Q.</hi> Is your public-house in a very populous neighbourhood?
<hi rend="italic">A.</hi> Yes—on Saturday night it is greatly fre
<lb/>quented by the working classes—I frequently sell small quantities of gin—there were many persons there that evening—there was no one serving but myself—I had served the same quantity to many other persons—when I took the first bad shilling I had 17
<hi rend="italic">s</hi>. or 18
<hi rend="italic">s</hi>. in the till—I had taken all that money since I had cleared the till before—I did not examine the first shilling the prisoner gave me—when I removed the coin altogether I examined it correctly) and found two bad shillings—that was after the uttering of the first two by the prisoner—I had examined the five shillings which I say were good—the prisoner drank the gin the first three times—the third time I had taken the shilling and given her change before I examined it—I can positively swear that she is the person who gave me the three shillings—I had not seen her before that day—during that evening there was no person of the same description as her came in—I cannot possibly be mistaken about the four times—my husband was ex
<lb/>amined—he is not here.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-71" type="witnessName">
<interp inst="t18590704-name-71" type="gender" value="male"/>
<interp inst="t18590704-name-71" type="surname" value="RICKETTS"/>
<interp inst="t18590704-name-71" type="given" value="HENRY"/>HENRY RICKETTS</persName> </hi> (
<hi rend="italic">Policeman C,</hi> 127). I took the prisoner, and received from the last witness these four counterfeit shillings—the prisoner said it was the first time she had been there that day—I asked her her address, and she made no reply—I have not been able to ascertain where she lives—she said she did not know the money was bad.</p>
<xptr type="pageFacsimile" doc="185907040028"/>
<hi rend="smallCaps">
<persName id="t18590704-name-72" type="witnessName">
<interp inst="t18590704-name-72" type="gender" value="male"/>
<interp inst="t18590704-name-72" type="surname" value="WEBSTER"/>
<interp inst="t18590704-name-72" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These shillings are all bad, and from different moulds.</p>
<hi rend="smallCaps">
<rs id="t18590704-666-verdict-1" type="verdictDescription">
<interp inst="t18590704-666-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18590704-666-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18590704-666-punishment-13" type="punishmentDescription">
<interp inst="t18590704-666-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18590704-666-punishment-13" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-666-18590704 t18590704-666-punishment-13"/>Confined Six Month</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18590704-667">
<interp inst="t18590704-667" type="uri" value="sessionsPapers/18590704"/>
<interp inst="t18590704-667" type="date" value="18590704"/>
<join result="criminalCharge" id="t18590704-667-charge-1" targOrder="Y" targets="def1-667-18590704 t18590704-667-offence-1 t18590704-667-verdict-1"/>
<persName id="def1-667-18590704" type="defendantName">
<interp inst="def1-667-18590704" type="gender" value="male"/>
<interp inst="def1-667-18590704" type="age" value="20"/>
<interp inst="def1-667-18590704" type="surname" value="FISHER"/>
<interp inst="def1-667-18590704" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK FISHER</hi> (20)</persName>, was indicted
<rs id="t18590704-667-offence-1" type="offenceDescription">
<interp inst="t18590704-667-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18590704-667-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<hi rend="smallCaps">MESSRS. BEST</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">LE BRETON</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18590704-name-74" type="witnessName">
<interp inst="t18590704-name-74" type="gender" value="male"/>
<interp inst="t18590704-name-74" type="surname" value="SAICH"/>
<interp inst="t18590704-name-74" type="given" value="MATTHEW"/>MATTHEW SAICH</persName> </hi>. I am landlord of the Railway-hotel at Ealing—the prisoner came to my house about half-past 10 o'clock on 3d June—he asked for half-a-pint of beer—I served him; the price of it was a penny—he gave me in payment a half-crown—I examined it, and found it to be bad—I asked him what he got his living by, and in the meantime sent for a constable—the prisoner said he got his living by selling slippers—the constable came; I gave him the half-crown, and gave the prisoner in custody—he was sober when he first came in—he appeared to be drunk afterwards—he had no slippers with him.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-75" type="witnessName">
<interp inst="t18590704-name-75" type="gender" value="male"/>
<interp inst="t18590704-name-75" type="surname" value="JOHN"/>
<interp inst="t18590704-name-75" type="given" value="HENRY"/>HENRY JOHN</persName> </hi> (
<hi rend="italic">Policeman, T</hi> 223). On Friday night, 35 June, about half-past 10 o'clock, I was sent to the house of Mr. Saich, the Railway-hotel, Ealing—I there found the prisoner—Mr. Saich gave him in my custody with this half-crown—I asked the prisoner if he had not any more change in his pocket to pay for this half-pint of beer, and he took out three or four penny pieces and put them on the bar—I searched him, and found on him 1
<hi rend="italic">s</hi>. 6 1/2
<hi rend="italic">d</hi>. in copper, four sixpences, and two shillings, all good—I inquired where he lived, and he said in South-street, Hammersmith—I told him I did not believe it, but I would make inquiry, and I went there and found it was not correct—he then gave the address, 23, York-street, Westminster, and that was not correct—he was perfectly sober.</p>
<hi rend="italic">Prisoner. Q.</hi> Did I not tell you that I did live in South-street, Hammer-smith before I went down to Norwich?
<hi rend="italic">A.</hi> You told me you did live there, and after that you told me it was no use my going there to make inquiries, as you had only just come up from Norwich.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-76" type="witnessName">
<interp inst="t18590704-name-76" type="gender" value="male"/>
<interp inst="t18590704-name-76" type="surname" value="WEBSTER"/>
<interp inst="t18590704-name-76" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This half crown is bad.</p>
<hi rend="italic">Prisoners Defence.</hi> The small money did not belong to me—the half-crown I had earned, I did not know it was bad.</p>
<hi rend="smallCaps">
<rs id="t18590704-667-verdict-1" type="verdictDescription">
<interp inst="t18590704-667-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18590704-667-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18590704-667-punishment-14" type="punishmentDescription">
<interp inst="t18590704-667-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18590704-667-punishment-14" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-667-18590704 t18590704-667-punishment-14"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18590704-668">
<interp inst="t18590704-668" type="uri" value="sessionsPapers/18590704"/>
<interp inst="t18590704-668" type="date" value="18590704"/>
<join result="criminalCharge" id="t18590704-668-charge-1" targOrder="Y" targets="def1-668-18590704 t18590704-668-offence-1 t18590704-668-verdict-1"/>
<join result="criminalCharge" id="t18590704-668-charge-2" targOrder="Y" targets="def1-668-18590704 t18590704-668-offence-2 t18590704-668-verdict-1"/>
<join result="criminalCharge" id="t18590704-668-charge-3" targOrder="Y" targets="def1-668-18590704 t18590704-668-offence-3 t18590704-668-verdict-1"/>
<persName id="def1-668-18590704" type="defendantName">
<interp inst="def1-668-18590704" type="gender" value="male"/>
<interp inst="def1-668-18590704" type="age" value="48"/>
<interp inst="def1-668-18590704" type="surname" value="DAVISON"/>
<interp inst="def1-668-18590704" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES DAVISON</hi> (48)</persName>
<rs id="t18590704-668-offence-1" type="offenceDescription">
<interp inst="t18590704-668-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18590704-668-offence-1" type="offenceSubcategory" value="forgery"/>, Unlawfully uttering a false and coun
<lb/>terfeit paper writing, with intent to defraud.</rs>
<rs id="t18590704-668-offence-2" type="offenceDescription">
<interp inst="t18590704-668-offence-2" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18590704-668-offence-2" type="offenceSubcategory" value="conspiracy"/>2
<hi rend="italic">other counts</hi> </rs>
<rs id="t18590704-668-offence-3" type="offenceDescription">
<interp inst="t18590704-668-offence-3" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18590704-668-offence-3" type="offenceSubcategory" value="conspiracy"/>
<hi rend="italic"> for conspiracy.</hi> </rs> </p>
<hi rend="smallCaps">MR. POLAND</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18590704-name-78" type="witnessName">
<interp inst="t18590704-name-78" type="gender" value="male"/>
<interp inst="t18590704-name-78" type="surname" value="PHILPOTT"/>
<interp inst="t18590704-name-78" type="given" value="JOHN"/>JOHN PHILPOTT</persName> </hi>. I am a solicitor, and live at 20, Montague-street, Russell-square—on the evening of 17th June my servant brought me this letter which contained this document—I did not look at it immediately—I told my servant I had not time to attend to it; to tell the person to call again—I afterwards examined the document and made some inquiry—on the following day my clerk spoke to me about the prisoner, and said he had called for an answer, and he was to call again—in the meantime I sent the documents to Mr. Ainger, and they were returned—I afterwards com
<lb/>municated with the Mendicity Society, and begged they would send an officer—the prisoner was directed to call on the 20th—I don't know Mr. Ainger personally, nor his writing—I think I know a person of the description of Mrs. Clarke—I know Lyme Regis—this letter contains the names of some persons—I know several of the persons personally whose names are here mentioned—the prisoner was taken into custody on the 20th.</p>
<xptr type="pageFacsimile" doc="185907040029"/>
<hi rend="smallCaps">
<persName id="t18590704-name-79" type="witnessName">
<interp inst="t18590704-name-79" type="gender" value="female"/>
<interp inst="t18590704-name-79" type="surname" value="DELLER"/>
<interp inst="t18590704-name-79" type="given" value="EMILY ANN"/>EMILY ANN DELLER</persName> </hi>. I am servant to Mr. Philpott—on Friday evening, 17th June, the prisoner came to my master's house—he gave me a letter, and asked me to give it to Mr. Philpott—I did so—I saw him open it, and in consequence of what he said I returned to the prisoner who was waiting in the hall—I told him to call again for his answer the next morning.</p>
<hi rend="italic">Prisoner. Q.</hi> On what day do you say the person called at your house?
<hi rend="italic">A.</hi> On Friday, 17th June, about half-past 6 o'clock—I am not aware that my master received any more letters in the course of that day—I will swear I gave him the letter that you gave me.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-80" type="witnessName">
<interp inst="t18590704-name-80" type="gender" value="male"/>
<interp inst="t18590704-name-80" type="surname" value="BROWN"/>
<interp inst="t18590704-name-80" type="given" value="CHARLES"/>CHARLES BROWN</persName> </hi>. I live at 13, Hayes'-mews, Berkeley-square—I am clerk to Mr. Philpott—I was at his house on 17th June—I saw the prisoner give a letter to the last witness—I heard her tell him he was to call again in the morning—I saw him leave—I saw him again on Saturday evening, the 18th, at the office door in Montague-street—he said he had come about a letter he had left—I asked him to call on Monday, the 20th, about half-past 10—he then left.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-81" type="witnessName">
<interp inst="t18590704-name-81" type="gender" value="male"/>
<interp inst="t18590704-name-81" type="surname" value="FRYER"/>
<interp inst="t18590704-name-81" type="given" value="JAMES"/>JAMES FRYER</persName> </hi>. I am a constable of the Mendicity Society—on 20th June I was sent for to Mr. Philpott's in Montague-street—I saw a man named Sullivan coming from towards the front of the Museum—he went towards Mr. Philpott's place—I heard the bell ring of the office door—the door was opened—I went in, and Sullivan came in after me—he wished to know whether Mr. Philpott was a subscriber to the German Hospital—I went out and saw the prisoner leaning against the railings, about five yards from where I had seen Sullivan—I took him to Mr. Philpott's—I told him I took him for attempting to obtain money by false pretences—he said he had not been to Mr. Philpott's—I had known Sullivan before for about eight years, and have known the prisoner six years—I had seen them together many times.</p>
<hi rend="italic">Prisoner. Q.</hi> What time did you go to Mr. Philpott's?
<hi rend="italic">A.</hi> About half-past 10—I did not see Sullivan with you—you was about five yards from where I first saw him.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-82" type="witnessName">
<interp inst="t18590704-name-82" type="gender" value="male"/>
<interp inst="t18590704-name-82" type="surname" value="AINGER"/>
<interp inst="t18590704-name-82" type="given" value="REVEREND THOMAS"/>REVEREND THOMAS AINGER</persName> </hi>. I am perpetual curate of Hampstead, and live at the parsonage house—I did not draw up this memorial—this is not my signature—I never heard anything of such a case as this mentioned—I know two of the gentlemen intimately whose names are signed to this memorial—Mr. Pryor and Mr. Fletcher—these are certainly not genuine signatures—Mr. Pryor has been my churchwarden three years, but he is so no longer—I have seen this letter—it is not my writing, nor was it written by my authority or knowledge—I dont know Mr. Philpott.</p>
<hi rend="italic">The document was as follows:</hi>—"It has been proposed by a few friends to enter into a subscription on behalf of Mrs. Clarke, a poor widow with five children, the eldest of whom, a fine boy fourteen years of age, is afflicted with loss of sight, in order to gain the boy's admission into the Asylum for Indigent Blind at Bristol; he being disqualified from becoming an inmate of the London schools in consequence of being able to discern the smallest degree of light, the sum of 39
<hi rend="italic">l</hi>. is required to maintain him there for five years, at the rate of 3
<hi rend="italic">s</hi>. a week; and to find necessary clothing, embossed copies of the Scriptures, &c, according to the rules of that institution; when he will be taught some useful trade, and thereby be released from spending a life of gloomy despair, I have been solicited to draw up this statement, and take on myself the responsibility of so doing, knowing the case to be deserving of sympathy; the object being to raise the said turn for so laudable a purpose. Rev. Thomas Ainger, High Street, Hampstead," followed</p>
<xptr type="pageFacsimile" doc="185907040030"/>
<p>by a number of names and different amounts subscribed.
<hi rend="italic">The letter was as follows:</hi>—"Hampstead Parsonage, June 17, 1859. The Rev. Thomas Ainger presents his compliments to J. Philpott, Esq. and, at the earnest entreaty of Mrs. Clarke, begs to submit the enclosed document for his charitable con
<lb/>sideration. Mrs. Clarke is a native of Lyme Regis, Dorset; daughter of the late James Baker, and related to John Baker, boot and shoemaker of Coombe-street, and maternally related to John Harding, a butcher, of Bridge-street, in that town; having a knowledge of J. Philpott's, Esq. family for many years, Mrs. Clarke is induced to hope he will add his signature to the memorial, to enable her to procure the boy's admission on to-morrow, that being the day of admission. The Rev. Thomas Ainger has taken more than usual interest in this case, having known the family during their residence in this parish, and hopes the motives which prompt him in thus addressing J. Philpott, Esq. will plead some apology. P.S. Mrs. Clarke begs to mention the names of a few individuals in Lyme, known to her family"—followed by a number of names.</p>
<hi rend="smallCaps">
<rs id="t18590704-668-verdict-1" type="verdictDescription">
<interp inst="t18590704-668-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18590704-668-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.**—
<hi rend="italic">
<rs id="t18590704-668-punishment-15" type="punishmentDescription">
<interp inst="t18590704-668-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18590704-668-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-668-18590704 t18590704-668-punishment-15"/>Confined Two Days on the Two First Counts</rs>, and
<rs id="t18590704-668-punishment-16" type="punishmentDescription">
<interp inst="t18590704-668-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18590704-668-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-668-18590704 t18590704-668-punishment-16"/>Two Years on the last Count.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18590704-669">
<interp inst="t18590704-669" type="uri" value="sessionsPapers/18590704"/>
<interp inst="t18590704-669" type="date" value="18590704"/>
<join result="criminalCharge" id="t18590704-669-charge-1" targOrder="Y" targets="def1-669-18590704 t18590704-669-offence-1 t18590704-669-verdict-1"/>
<persName id="def1-669-18590704" type="defendantName">
<interp inst="def1-669-18590704" type="gender" value="female"/>
<interp inst="def1-669-18590704" type="age" value="35"/>
<interp inst="def1-669-18590704" type="surname" value="FIELD"/>
<interp inst="def1-669-18590704" type="given" value="ELIZABETH"/>
<hi rend="largeCaps">ELIZABETH FIELD</hi> (35)</persName>
<rs id="t18590704-669-offence-1" type="offenceDescription">
<interp inst="t18590704-669-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18590704-669-offence-1" type="offenceSubcategory" value="concealingABirth"/>, Unlawfully endeavouring to conceal the birth of her child.</rs> </p>
<hi rend="smallCaps">
<rs id="t18590704-669-verdict-1" type="verdictDescription">
<interp inst="t18590704-669-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18590704-669-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18590704-669-punishment-17" type="punishmentDescription">
<interp inst="t18590704-669-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18590704-669-punishment-17" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-669-18590704 t18590704-669-punishment-17"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, July</hi> 6
<hi rend="italic">th,</hi> 1859.</p>
<hi rend="largeCaps">PRESENT</hi>—The Right Hon. the
<hi rend="largeCaps">LORD MAYOR</hi>; Mr. Justice
<hi rend="smallCaps">WIGHTMAN</hi>; Mr. Ald.
<hi rend="smallCaps">SIDNEY</hi>; Sir
<hi rend="smallCaps">FRANCIS GRAHAM MOON</hi>, Bart, Ald; Mr. Ald.
<hi rend="smallCaps">PHILLIPS</hi>; Mr. Ald.
<hi rend="smallCaps">MECHI</hi>; and Mr.
<hi rend="smallCaps">COMMON SERJEANT</hi>.</p>
<hi rend="italic">Before Mr. Justice Wightman and the Third Jury.</hi> </p>
<hi rend="italic">For the case of William Abraham Moore, tried this day for murder, see Surry cases</hi>.</p>
<div1 type="trialAccount" id="t18590704-670">
<interp inst="t18590704-670" type="uri" value="sessionsPapers/18590704"/>
<interp inst="t18590704-670" type="date" value="18590704"/>
<join result="criminalCharge" id="t18590704-670-charge-1" targOrder="Y" targets="def1-670-18590704 t18590704-670-offence-1 t18590704-670-verdict-1"/>
<persName id="def1-670-18590704" type="defendantName">
<interp inst="def1-670-18590704" type="gender" value="male"/>
<interp inst="def1-670-18590704" type="age" value="16"/>
<interp inst="def1-670-18590704" type="surname" value="NEWMAN"/>
<interp inst="def1-670-18590704" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES NEWMAN</hi> (16)</persName>, was indicted
<rs id="t18590704-670-offence-1" type="offenceDescription">
<interp inst="t18590704-670-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18590704-670-offence-1" type="offenceSubcategory" value="sodomy"/> for an unnatural offence with a man unknown.</rs> </p>
<hi rend="smallCaps">MR. CAARTERN</hi>
<hi rend="italic">conducted the Prosecution, and</hi>
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<rs id="t18590704-670-verdict-1" type="verdictDescription">
<interp inst="t18590704-670-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18590704-670-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday, July</hi> 6
<hi rend="italic">th,</hi> 1859.</p>
<hi rend="largeCaps">PRESENT</hi>—Sir
<hi rend="smallCaps">ROBERT WALTER CARDEN</hi>, Knt. Ald., M.P.; and
<hi rend="smallCaps">ROBERT MALCOLM KERR</hi>, Esq.</p>
<hi rend="italic">Before Robert Malcolm Kerr, Esq., and the Sixth Jury.</hi> </p>
<div1 type="trialAccount" id="t18590704-671">
<interp inst="t18590704-671" type="uri" value="sessionsPapers/18590704"/>
<interp inst="t18590704-671" type="date" value="18590704"/>
<join result="criminalCharge" id="t18590704-671-charge-1" targOrder="Y" targets="def1-671-18590704 t18590704-671-offence-1 t18590704-671-verdict-1"/>
<persName id="def1-671-18590704" type="defendantName">
<interp inst="def1-671-18590704" type="gender" value="male"/>
<interp inst="def1-671-18590704" type="surname" value="CASTRIQUE"/>
<interp inst="def1-671-18590704" type="given" value="LOUIS"/>
<hi rend="largeCaps">LOUIS CASTRIQUE</hi> </persName> was indicted
<rs id="t18590704-671-offence-1" type="offenceDescription">
<interp inst="t18590704-671-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18590704-671-offence-1" type="offenceSubcategory" value="perjury"/> for wilful and corrupt perjury.</rs> </p>
<hi rend="smallCaps">MR. FRANCIS</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18590704-name-86" type="witnessName">
<interp inst="t18590704-name-86" type="gender" value="male"/>
<interp inst="t18590704-name-86" type="surname" value="TWYNAM"/>
<interp inst="t18590704-name-86" type="given" value="CHARLES"/>CHARLES TWYNAM</persName> </hi>. I am a civil engineer—I reside at Woolwich; my place of business is in Fenchurch-street—I had no personal acquaintance with the defendant before October last—I had no transactions with him personally—through another party, of the name of Fisse, I have had many transactions with him, which I understood to be for Mr. Castrique—Fisse has brought me Castrique's cheques in exchange for my cheques—this</p>
<xptr type="pageFacsimile" doc="185907040031"/>
<p>cheque was brought to me on 6th October, by Bertrand Fisse—the signa
<lb/>ture is in the name of Castrique—(
<hi rend="italic">read</hi>) "12
<hi rend="italic">th of October,</hi> 1858.
<hi rend="italic">Messrs. Olding and Co., pay</hi> 741,
<hi rend="italic">or bearer,</hi> 110
<hi rend="italic">l</hi>., L.
<hi rend="italic">Castrique. Crossed—Sapte and Co. Refer to drawer. Indorsed, B. Fisse"</hi>—When this cheque was brought I did not observe the date—I gave this other cheque for it on my banker—(
<hi rend="italic">read</hi>)
<hi rend="italic">"London, October</hi> 6, 1858.
<hi rend="italic">Messrs. Sapte and Co., pay</hi> 277,
<hi rend="italic">or bearer,</hi> 108
<hi rend="italic">l</hi>.
<hi rend="italic">Charles Twynam"</hi>—Mr. Rogers was present when this transaction took place between me and Fisse—I paid this cheque of Castrique's into my banker's on 12th October; it was returned unpaid—I paid it in a second time, and it was returned a second time—I brought an action against Castrique—I was present before the magistrate when the record of that action was produced by Mr. Rae, clerk to Mr. Phelp, the defendant's attorney—I believe it was given back to Mr. Rae.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-87" type="witnessName">
<interp inst="t18590704-name-87" type="gender" value="male"/>
<interp inst="t18590704-name-87" type="surname" value="CLEMENTS"/>
<interp inst="t18590704-name-87" type="given" value="JACOB"/>JACOB CLEMENTS</persName> </hi>. I am clerk to Mr. Hodson—I served a notice to produce this record, on the defendant, Louis Castrique—I left it at the office of Mr. Phelp—he was the attorney in the action, Twynam against Castrique—Mr. Rae, his clerk, appeared in court—I was there, but was not present when the record was produced, because the witnesses were ordered out of court—I don't think I saw the record after the committal.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-88" type="witnessName">
<interp inst="t18590704-name-88" type="gender" value="male"/>
<interp inst="t18590704-name-88" type="surname" value="WATSON"/>
<interp inst="t18590704-name-88" type="given" value="ALFRED"/>ALFRED WATSON</persName> </hi>. I was Mr. Twynam's attorney in the action of Twynam against Castrique—I saw the record produced by Mr. Rae; and after the committal it was handed back to him by the Clerk of the Court.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-89" type="witnessName">
<interp inst="t18590704-name-89" type="gender" value="male"/>
<interp inst="t18590704-name-89" type="surname" value="TWYNAM"/>
<interp inst="t18590704-name-89" type="given" value="CHARLES"/>CHARLES TWYNAM</persName> </hi> (
<hi rend="italic">continued</hi>). I was present at the trial of that action—Mr. Castrique was called as a witness on his own behalf—I heard him sworn; and he was examined as a witness on the 19th of February—the cheque for 110
<hi rend="italic">l</hi>. was shown to him, and he swore it was a post dated cheque—he was cross-examined by Mr. Hawkins, my counsel—he stated that he had received 70
<hi rend="italic">l</hi>. from Mr. Fisse on the 6th October, in the morning, and that he gave his cheque in the afternoon—this account (
<hi rend="italic">looking at it</hi>) was shown to him—he said it was his own writing, "Bertrand Fisse in account with Louis Castrique"; and amongst the credits here is "6th October, cash 70
<hi rend="italic">l</hi>."—this cheque for 108
<hi rend="italic">l</hi>. was shown to him, and he stated that the 70
<hi rend="italic">l</hi>. formed no part of the proceeds of this cheque—he said he received the 70
<hi rend="italic">l</hi>. from Fisse in the morning, and that he gave his cheque for 110
<hi rend="italic">l</hi>. in the afternoon—he said that the 70
<hi rend="italic">l</hi>. which he had received from Fisse he had paid into his bankers the same day, with other money, making 100
<hi rend="italic">l</hi>. or 105
<hi rend="italic">l</hi>.—I believe it was 100
<hi rend="italic">l</hi>.—I don't know where Fisse is now—I have made efforts to find him—I have not been able to find him either at his own house or on the trial.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Did you give notice of trial?
<hi rend="italic">A.</hi> Yes, and it was countermanded on 11th November—it was not tried till 19th February—I don't know when the first notice of trial was given—I received this account from Fisse—it must have been some time at the latter end of October or the beginning of November—I did not receive any letter from Fisse when he gave me this account—I believe I received this account before the trial was countermanded—I will not swear that I received it before 19th November—I have never observed that 19th November is the day on which this is dated (looking at it)—yes; it is dated 19th November—I never noticed the date before—I don't recollect what time of the day I gave the cheque for 108
<hi rend="italic">l</hi>.—I don't know that Mr. Castrique's attention was called to the cheque for 110
<hi rend="italic">l</hi>. before 19th February—I don't think it was—my atten
<lb/>tion was called to the time I gave my cheque at the trial—I took a com
<lb/>mission when I gave this cheque—Fisse gave me 2
<hi rend="italic">l</hi>.—I gave a cheque for</p>
<xptr type="pageFacsimile" doc="185907040032"/>
<hi rend="italic">l</hi>. and received a cheque for 110
<hi rend="italic">l</hi>.—he requested I would hold it a few days—I took the 2
<hi rend="italic">l</hi>. for holding the cheque a few days—I was dealing with Castrique, and there was a risk—I have my book here—here is no account in my ledger with me and Castrique; here is with me and Fisse—Fisse was merely an intermediate party—I went on with Fisse after that cheque was dishonoured—I always treated Fisse as an agent—here are a considerable number of cheques down—I treated Fisse as an agent in all these—he was as agent for other people—he generally wanted the money—he came to me with other persons cheques—I continued to deal with Fisse up to some time in November—here is his endorsement on this cheque—I always took his endorsement on all cheques he brought to me, that I might know from whom I received them—I applied to Fisse when Castrique's cheque was dis
<lb/>honoured—I asked, him how it was this cheque was dishonoured—if he had given me the money it would have satisfied me—he was not in difficulties at that time—I did not find out that he was in difficulties for a month or 6 weeks afterwards—he was an agent—he kept his own banking account with Bond and Son, Lombard-street—I think some time about the middle or end of November I did business with him; after the action was counter
<lb/>manded—I wrote him a cheque as late as 14th December—I lost some money by him when he absconded—it was before he absconded that he gave me this account—I received a great deal more than 100
<hi rend="italic">l</hi>. from him in other cheques after this cheque was dishonoured—I made an affidavit, stating all these facts—I instructed my attorney to make an affidavit, and move for a new trial—I did not hear the motion made—my attorney told me so.</p>
<hi rend="italic">Q.</hi> Having failed at the trial, and failed to get a new trial, you summoned him?
<hi rend="italic">A.</hi> Yes—that was not by the advice of my attorney; I considered my own responsibility—Mr. Watson was never employed by me before this affair—Mr. Fisse took the cheque to Mr. Watson first, after consulting with me about it—my transactions with Fisse were large, extending over eighteen months or two years—I was not in possession of all the facts which I now am, before I made my affidavit for a new trial—I had not inquired at both the bankers—I had inquired at my own bankers—yes; I had inquired at both the bankers—I was in possession of the facts that I now am.</p>
<hi rend="smallCaps">MR. FRANCIS</hi>.
<hi rend="italic">Q.</hi> Were you in possession of all these facts at the trial of the action?
<hi rend="italic">A.</hi> No—before the trial I had not inquired about the numbers of the notes which were paid—there was a risk about the cheque; there was this risk of taking unawares a post dated cheque—I was dealing with Castrique; and I understood he had been a bankrupt, and had been insolvent, and was a very ticklish character to deal with—Fisse took the cheque to Mr. Watson—this is the letter I sent with it—(
<hi rend="italic">Read: "Dear Sir, Will you kindly apply to Castrique for payment of the</hi> 110
<hi rend="italic">l</hi>.
<hi rend="italic">cheque; and in the event of its not being paid, take steps to enforce payment."</hi>)—at the time that Fisse brought this cheque to me he said that Castrique owed him money.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-90" type="witnessName">
<interp inst="t18590704-name-90" type="gender" value="male"/>
<interp inst="t18590704-name-90" type="surname" value="MORRIS"/>
<interp inst="t18590704-name-90" type="given" value="ALFRED"/>ALFRED MORRIS</persName> </hi>. I am cashier at Sapte and Co's.—in October last Mr. Twynam had an account with us—this cheque was paid on 6th October—I cannot positively say at what part of the day, but from my book it appears it was towards the close of the day—I have only three entries after it—I paid for it ten 10
<hi rend="italic">l</hi>. bank of England notes, Nos. 95573-4-5-6-7-8-9, 80, 81, and 82. and the 8
<hi rend="italic">l</hi>. in cash.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-91" type="witnessName">
<interp inst="t18590704-name-91" type="gender" value="indeterminate"/>
<interp inst="t18590704-name-91" type="surname" value="MUNDAY"/>
<interp inst="t18590704-name-91" type="given" value="FEDERICK"/>FEDERICK MUNDAY</persName> </hi>. I am clerk to Messrs. Olding, the bankers in Clement's-Lane—in October last Louis Castrique had an account at our bank—on 6th October an amount was paid in that day; here is an entry made</p>
<xptr type="pageFacsimile" doc="185907040033"/>
<p>by me at the time—the amount was 100
<hi rend="italic">l</hi>.—it was paid in note—I handed it to our cash-book keeper.</p>
<hi rend="italic">Cross-examined. Q.</hi> Can you recollect at all the time of day you received it?
<hi rend="italic">A.</hi> No—it is impossible to tell the exact time, but looking at the book I should say it was between 2 and 4 o'clock—Castrique had banked at the house as long as I have been there, which is eleven years—I have heard he was a bankrupt, and after that he continued to bank with us—I am not able to say whether he paid the bank in full—I am not able to say whether any of Castrique's cheques were paid that day without referring to the ledger.</p>
<hi rend="smallCaps">MR. FRANCIS</hi>.
<hi rend="italic">Q.</hi> Do you see the words on this cheque, "Refer to drawer": are you able to say what that means?
<hi rend="italic">A.</hi> Yes, we put that When a cheque is not paid.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-92" type="witnessName">
<interp inst="t18590704-name-92" type="gender" value="male"/>
<interp inst="t18590704-name-92" type="surname" value="WARD"/>
<interp inst="t18590704-name-92" type="given" value="ISAAC"/>ISAAC WARD</persName> </hi>. I am cashier to Olding and Co.—on 6th October I occupied the position of cash-book keeper—I remember an amount of 100
<hi rend="italic">l</hi>. being banded over to me by Munday as having been paid in by Louis Castrique—I have an entry of it—it does not state in what it was paid—after I had received it I gave it to the waste-book keeper—I paid the same money that I received from Munday to the waste book keeper, whatever it was, whether coins or notes.</p>
<hi rend="italic">Cross-examined. Q.</hi> Do you know whether he paid the bank in full after his bankruptcy?
<hi rend="italic">A.</hi> I believe so.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-93" type="witnessName">
<interp inst="t18590704-name-93" type="gender" value="male"/>
<interp inst="t18590704-name-93" type="surname" value="SHARPE"/>
<interp inst="t18590704-name-93" type="given" value="FREDERICK"/>FREDERICK SHARPE</persName> </hi>. I am the son of one of the partners of the firm of Olding and Co.—on 6th October I was acting as waste-book keeper—the sum of 100
<hi rend="italic">l</hi>. is entered in my book as having been paid in by Louis Castrique in eight 10
<hi rend="italic">l</hi>. notes, No. 55772, dated 8th June, and Nos. 955734-5-6-7-8 and 9, all dated on 9th August, a cheque for 19
<hi rend="italic">l</hi>. and 1
<hi rend="italic">l</hi>. in money.</p>
<hi rend="italic">Cross-examined. Q.</hi> Can you tell me the letters on the notes?
<hi rend="italic">A.</hi> No—we always enter the dates—I don't know the amount of Mr. Castrique's account at the bank during the last year—it is a considerable account—I should not call some hundreds a considerable account; I should some thousands—after his bankruptcy he paid the bank what he considered was owing by him—I don't know how long he has banked there—I believe he bears a good character as a man of business—I know that the bank discounts for him con
<hi rend="smallCaps">
<persName id="t18590704-name-94" type="witnessName">
<interp inst="t18590704-name-94" type="gender" value="male"/>
<interp inst="t18590704-name-94" type="surname" value="MORRIS"/>
<interp inst="t18590704-name-94" type="given" value="ALFRED"/>ALFRED MORRIS</persName> </hi>,
<hi rend="italic">re-examined. Q.</hi> What were the numbers of the notes?
<hi rend="italic">A.</hi> Nos. 95573 to 82, dated 9th August, but we never make an entry of the year.</p>
<hi rend="italic">Cross-examined. Q.</hi> Do you take the letters at all?
<hi rend="italic">A.</hi> No—I believe the numbers of the notes begin again, but I understand that no new notes are issued till the old ones come in—I don't know whether there would be another note of the same number of another year—I never knew two notes of the same number and date being in circulation at the same time if they were of the same amount—I don't know what was the date of the cheque for 19
<hi rend="italic">l</hi>.—we don't take the date of the cheques—it was a cheque of Baum's for 19
<hi rend="italic">l</hi>.; we merely took the name—I suppose we got the 19
<hi rend="italic">l</hi>. for the cheque.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-95" type="witnessName">
<interp inst="t18590704-name-95" type="gender" value="male"/>
<interp inst="t18590704-name-95" type="surname" value="ROGERS"/>
<interp inst="t18590704-name-95" type="given" value="CHARLES"/>CHARLES ROGERS</persName> </hi>. I live at Southampton—on, 6th October, I was at Mr. Twynam's place of business in Fenchurch-street—I remember this cheque for 110
<hi rend="italic">l</hi>. being brought to that place on 6th October, by Mr. Fisse—this cheque for 108
<hi rend="italic">l</hi>. was given for the other cheque—I should say it was about 3 o'clock, rather after than before—I was present at the trial of the action—I heard Mr. Castrique examined as a witness—I heard him sworn—he said he had received 70
<hi rend="italic">l</hi>. from Mr. Fisse on the morning of 6th October, and previous to his having given Mr. Fisse the cheque for 110
<hi rend="italic">l</hi>.—I believe this cheque of Mr. Twynam's was shown to him on the trial—I have no</p>
<xptr type="pageFacsimile" doc="185907040034"/>
<p>recollection that anything particular was said about the cheque—he said that he had received 70
<hi rend="italic">l</hi>. from Mr. Fisse in the morning previous to having given the cheque, and he paid that 70
<hi rend="italic">l</hi>. into the bankers with other money making the sum of about 100
<hi rend="italic">l</hi>., and that 70
<hi rend="italic">l</hi>. was no part of the proceeds of Mr. Twynam's cheque.</p>
<hi rend="italic">Cross-examined. Q.</hi> Did he say he had received 70
<hi rend="italic">l</hi>. from Mr. Fisse in the morning, and given the cheque in the afternoon; or did he say that he received the 70
<hi rend="italic">l</hi>. previous to giving the cheque?
<hi rend="italic">A.</hi> My impression was that he had received the 70
<hi rend="italic">l</hi>. from Mr. Fisse previous to his having given the cheque—he stated that he had received the money from Mr. Fisse previous to his having given the cheque—I give my impression of what he said, but do not profess to give his words—I will not pledge my oath to any precise words that he uttered—I cannot swear to every word that was uttered—there may have been other words uttered which did not alter the sense—I did not take any note of the evidence—there was a Counsel engaged—I don't know Mr. Hawkins—I live at Southampton—on 6th October, I was at Mr. Twynam's place of business—my name was then on the door—it has been erased since—the 24th of June was the time when I had nothing more to do with the house at all—the rent was paid up to that time from the profits of the business, and now, having nothing whatever to do with it, my name is off and I am living at Southampton—I have no recollection whether Mr. Castrique when he gave his evidence had his cheque-book in his hand, and whether he looked at the counterpart, and said, "I see four cheques were drawn that day, and as this stands here I must have given it in the afternoon"—I don't know whether he said there were two other cheques drawn the same day in favour of Mr. Fisse.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-96" type="witnessName">
<interp inst="t18590704-name-96" type="gender" value="male"/>
<interp inst="t18590704-name-96" type="surname" value="CLEMENTS"/>
<interp inst="t18590704-name-96" type="given" value="JACOB"/>JACOB CLEMENTS</persName> </hi>. I was present at the trial of the action—I heard Mr. Castrique sworn as a witness—he said he had received 70
<hi rend="italic">l</hi>. from Mr. Fisse before he gave the cheque for the 110
<hi rend="italic">l</hi>.—he used the word "before"—he said he had paid the 70
<hi rend="italic">l</hi>. with another sum of 30
<hi rend="italic">l</hi>. into hit bankers—I think he said he had received it in the morning: I cannot be certain—he said that the 70
<hi rend="italic">l</hi>. he received from Mr. Fisse formed no part of Mr. Twynam's cheque for 108
<hi rend="italic">l</hi>.—I can't remember what time of the day he said he had given the cheque for 110
<hi rend="italic">l</hi>.</p>
<hi rend="italic">Cross-examined. Q.</hi> You are quite certain of all those words he used?
<hi rend="italic">A.</hi> yes, because the point turned on when he received the money—Mr. Twynam was called, and the Judge said that as the plaintiff could not prove that the defendant had received any money, there was no case.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did the Judge say there was no case?
<hi rend="italic">A.</hi> What I understood was that there was no evidence to prove that Mr. Castrique had ever had the money.</p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Was Mr. Twynam called, and did he say he gave the cheque to Fisse?
<hi rend="italic">A.</hi> Yes—the Judge said there was no evidence to prove that Mr. Castrique had received any of the proceeds of the cheque—I can't say that he did not say when Mr. Twynam produced the account, "That puts you out of court"—I will not swear that Baron Bramwell did not say there was no evidence of Fisse's agency—he might say so—I can't say whether Mr. Watson took any notes—there was a count added to the declaration after the countermand—I think it was countermanded because we found out that the cheque was post dated.</p>
<hi rend="italic">Q.</hi> Have you not sworn before that it was because Mr. Fisse had absconded?
<hi rend="italic">A.</hi> I said at Guildhall that it was because Mr. Fisse had absconded, but I have thought over it since, and have arrived at a different</p>
<xptr type="pageFacsimile" doc="185907040035"/>
<p>conclusion—I think the account was sent in after the countermand—I have been with Mr. Watson about two years—he has been employed by Mr. Fisse—my impression is that he went away in November—I know that he had absconded and fresh notice of trial was given—I have not my call book with me—Mr. Watson is not professionally a bill discounter; he may do it for a friend.</p>
<hi rend="smallCaps">MR. FRANCIS</hi>.
<hi rend="italic">Q.</hi> You were at the court when Mr. Twynam produced his book?
<hi rend="italic">A.</hi> Yes—he was examined as to a conversation he had with Mr. Castrique—I think that was before he produced his books—he said he had a conversation with Mr. Castrique, and Mr. Castrique told him that Fisse ought to pay the cheque—I think that was the very word used—I can't remember the exact words the Judge used.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-97" type="witnessName">
<interp inst="t18590704-name-97" type="gender" value="indeterminate"/>
<interp inst="t18590704-name-97" type="surname" value="WATSON"/>
<interp inst="t18590704-name-97" type="given" value="ALFRD"/>ALFRD WATSON</persName> </hi>. I was the attorney in the action—I was present at the trial—the last time I saw Fisse was in the month of December—I after wards made endeavours to find him—he has left England, I believe—I remember Mr. Twynam being examined, as to a conversation he had with Mr. Castrique—Mr. Twynam said he saw Mr. Castrique and he had conver
<lb/>sation with him about the cheque, and he said, "You can get it from Fisse"—in cross-examination he said he would not swear that Mr. Castrique did not say, "You must get it from Fisse"—I saw Fisse in December in consequence of a letter sent by him to Mr. Twynam's, dated 24th December.</p>
<hi rend="italic">Cross-examined. Q.</hi> When was the countermand?
<hi rend="italic">A.</hi> I think on 11th November; I am not certain—I had seen Mr. Fisse between 11th November and 1st December—I was in the habit of seeing him—I took his evidence after the notice of the countermand—Mr. Twynam went with me to the bank directly after the trial—we went before we had the banker's clerks to trial—I was acting as Mr. Fisse's attorney for a long time—I was aware he was in difficulties two years before—I was not aware that he was in diffi
<lb/>culties at the time; certainly not—I had discounted for him, and several times lent him money—when he came to me with cheques I gave him the money—he repaid me a large sum of money that he owed me—he repaid me by occasional deduction—I have, when I received cheques from him, charged him a commission or interest—I can't say to what amount—I never acted for Mr. Twynam before this transaction—Mr. Fisse came to me with a letter.</p>
<hi rend="italic">The prisoner received a very good character.</hi> </p>
<hi rend="smallCaps">
<rs id="t18590704-671-verdict-1" type="verdictDescription">
<interp inst="t18590704-671-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18590704-671-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18590704-672">
<interp inst="t18590704-672" type="uri" value="sessionsPapers/18590704"/>
<interp inst="t18590704-672" type="date" value="18590704"/>
<join result="criminalCharge" id="t18590704-672-charge-1" targOrder="Y" targets="def1-672-18590704 t18590704-672-offence-1 t18590704-672-verdict-1"/>
<persName id="def1-672-18590704" type="defendantName">
<interp inst="def1-672-18590704" type="gender" value="female"/>
<interp inst="def1-672-18590704" type="age" value="22"/>
<interp inst="def1-672-18590704" type="surname" value="BOTTOMLEY"/>
<interp inst="def1-672-18590704" type="given" value="FRANCES"/>
<hi rend="largeCaps">FRANCES BOTTOMLEY</hi> (22)</persName>
<rs id="t18590704-672-offence-1" type="offenceDescription">
<interp inst="t18590704-672-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18590704-672-offence-1" type="offenceSubcategory" value="robbery"/>, Feloniously assaulting
<persName id="t18590704-name-99" type="victimName">
<interp inst="t18590704-name-99" type="gender" value="male"/>
<interp inst="t18590704-name-99" type="surname" value="STILLWELL"/>
<interp inst="t18590704-name-99" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18590704-672-offence-1 t18590704-name-99"/>John Stillwell</persName>, with intent to rob him.</rs> </p>
<hi rend="smallCaps">
<persName id="t18590704-name-100" type="witnessName">
<interp inst="t18590704-name-100" type="gender" value="indeterminate"/>
<interp inst="t18590704-name-100" type="surname" value="BROWN"/>
<interp inst="t18590704-name-100" type="given" value="HOULSTON"/>MR. HOULSTON BROWN</persName> </hi>
<hi rend="italic">conducted the prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18590704-name-101" type="witnessName">
<interp inst="t18590704-name-101" type="gender" value="male"/>
<interp inst="t18590704-name-101" type="surname" value="STILLWELL"/>
<interp inst="t18590704-name-101" type="given" value="JOHN"/>JOHN STILLWELL</persName> </hi>. I am a sawyer, and reside at Pimlico—last Saturday night week I was in the Market Arms at a little after 10 o'clock—on my way home I saw a female—she addressed me and I told her to go—the prisoner then came up, and made use of obscene language—I told her to go away, and she tripped me up with her foot and shoved me—at the same time she threw me down, and as I was falling she made a snatch at my watch-chain—she did not get it—as I got up the prisoner ran away—the policeman came up, and I gave him a description of the prisoner.</p>
<hi rend="italic">Prisoner.</hi> You came up to me with a constable, and said you gave me in charge for shoving you down; I said, "I have never seen you." I went to the station and there you stated about a watch-guard; I said, "Have you got a watch?"; and you said, "I have taken my watch home."</p>
<hi rend="italic">Witness.</hi> After I got up the policeman came up, and I said I would go</p>
<xptr type="pageFacsimile" doc="185907040036"/>
<p>home and change my things and leave my watch at home, which I did—when I came back I missed that policeman, and saw another, not the one I had seen before—I told him, and he said, "You had better come up along with me and we will see if we can see the party"—and when we got twenty or thirty yards from where I was knocked down, he said there was somebody coming, and with that the prisoner and another female came up together—he said to me, "Do you know either of these persons?"—I said, "Yes, that is the party," pointing to the prisoner—the prisoner directly said, "You good for nothing blackguard, I never saw you before with my eyes, nor did I ever try to push you down or take anything from you"—I had not said that she tried to push me down—the policeman said, "That I will do, say no more, but come along with me"—and we went to the station—I had only been home—when I was first knocked down it was within a few yards of the gun factory—the policeman must have heard me fall.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-102" type="witnessName">
<interp inst="t18590704-name-102" type="gender" value="male"/>
<interp inst="t18590704-name-102" type="surname" value="HARDY"/>
<interp inst="t18590704-name-102" type="given" value="STEPHEN"/>STEPHEN HARDY</persName> </hi> (
<hi rend="italic">Policeman, B</hi> 118). On Saturday night week I received information from the prosecutor—he was then close by his own door—I walked with him about 100 or 150 yards, and he described the assault—it was then a few minutes after 12 o'clock—I saw the prisoner—I told her she was charged with assaulting him—she said she had never seen him before—she was quite drunk—the prosecutor was sober—he had no watch then; he had left it at home.</p>
<hi rend="italic">Prisoners Defence.</hi> He said I knocked him down, and I said I had never seen him; I never had seen him till he came to me with the constable: it is very hard for me; I was not taken till half-past 12 o'clock.</p>
<hi rend="smallCaps">
<rs id="t18590704-672-verdict-1" type="verdictDescription">
<interp inst="t18590704-672-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18590704-672-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi> </p> </div1>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Wednesday, July</hi> 6
<hi rend="italic">th,</hi> 1859.</p>
<hi rend="largeCaps">PRESENT</hi>—Sir
<hi rend="smallCaps">CHAPMAN MARSHALL</hi>, Knt., Ald.; Mr. Ald.
<hi rend="smallCaps">PHILIPPS</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="t18590704-673">
<interp inst="t18590704-673" type="uri" value="sessionsPapers/18590704"/>
<interp inst="t18590704-673" type="date" value="18590704"/>
<join result="criminalCharge" id="t18590704-673-charge-1" targOrder="Y" targets="def1-673-18590704 t18590704-673-offence-1 t18590704-673-verdict-1"/>
<persName id="def1-673-18590704" type="defendantName">
<interp inst="def1-673-18590704" type="gender" value="male"/>
<interp inst="def1-673-18590704" type="age" value="40"/>
<interp inst="def1-673-18590704" type="surname" value="HARTUP"/>
<interp inst="def1-673-18590704" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN HARTUP</hi> (40)</persName>
<rs id="t18590704-673-offence-1" type="offenceDescription">
<interp inst="t18590704-673-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18590704-673-offence-1" type="offenceSubcategory" value="indecentAssault"/>, Indecently assaulting
<persName id="t18590704-name-104" type="victimName">
<interp inst="t18590704-name-104" type="gender" value="male"/>
<interp inst="t18590704-name-104" type="surname" value="DALTON"/>
<interp inst="t18590704-name-104" type="given" value="WALTER"/>
<join result="offenceVictim" targOrder="Y" targets="t18590704-673-offence-1 t18590704-name-104"/>Walter Dalton</persName>.
<hi rend="italic">Second Count,</hi> Common assault
<hi rend="italic">Third Count,</hi> Indecently exposing himself in a public place to Walter Dalton and others.</rs> </p>
<hi rend="smallCaps">
<persName id="t18590704-name-105" type="witnessName">
<interp inst="t18590704-name-105" type="gender" value="male"/>
<interp inst="t18590704-name-105" type="surname" value="BRETON"/>
<interp inst="t18590704-name-105" type="given" value="LE"/>MR. LE BRETON</persName> </hi>
<hi rend="italic">conducted the Prosecution, and</hi>
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="italic">the prisoner received a good character.</hi> </p>
<rs id="t18590704-673-verdict-1" type="verdictDescription">
<interp inst="t18590704-673-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18590704-673-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">on the First and Third Counts.</hi> </rs>
<hi rend="italic">
<rs id="t18590704-673-punishment-18" type="punishmentDescription">
<interp inst="t18590704-673-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18590704-673-punishment-18" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-673-18590704 t18590704-673-punishment-18"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18590704-674">
<interp inst="t18590704-674" type="uri" value="sessionsPapers/18590704"/>
<interp inst="t18590704-674" type="date" value="18590704"/>
<join result="criminalCharge" id="t18590704-674-charge-1" targOrder="Y" targets="def1-674-18590704 t18590704-674-offence-1 t18590704-674-verdict-1"/>
<persName id="def1-674-18590704" type="defendantName">
<interp inst="def1-674-18590704" type="gender" value="male"/>
<interp inst="def1-674-18590704" type="age" value="15"/>
<interp inst="def1-674-18590704" type="surname" value="JONES"/>
<interp inst="def1-674-18590704" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY JONES</hi>,
<hi rend="italic">alias
<rs id="t18590704-alias-2" type="alias">
<join result="nameAlias" targOrder="Y" targets="def1-674-18590704 t18590704-alias-2"/> Derbyshire</rs> </hi> (15)</persName>
<rs id="t18590704-674-offence-1" type="offenceDescription">
<interp inst="t18590704-674-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18590704-674-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing 1 handkerchief, value 4
<hi rend="italic">s</hi>. of
<persName id="t18590704-name-107" type="victimName">
<interp inst="t18590704-name-107" type="gender" value="male"/>
<interp inst="t18590704-name-107" type="surname" value="SWALLOW"/>
<interp inst="t18590704-name-107" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18590704-674-offence-1 t18590704-name-107"/>George Swallow</persName>, from his person.</rs> </p>
<hi rend="smallCaps">
<persName id="t18590704-name-108" type="witnessName">
<interp inst="t18590704-name-108" type="gender" value="male"/>
<interp inst="t18590704-name-108" type="surname" value="HART"/>
<interp inst="t18590704-name-108" type="given" value="GEORGE"/>GEORGE HART</persName> </hi>. I am a butcher, of Long-alley, Shoreditch—on 13th June, between 11 and 12, I was in Barbican, and saw the prisoner and 2 others following the prosecutor—the prisoner took the prosecutor's handkerchief from his right pocket behind, gave it to one of the others, and they all went up a court—I told an officer immediately, who went after them—I went to the prosecutor—the officer caught the prisoner—I am sure he is the boy.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-109" type="witnessName">
<interp inst="t18590704-name-109" type="gender" value="male"/>
<interp inst="t18590704-name-109" type="surname" value="SWALLON"/>
<interp inst="t18590704-name-109" type="given" value="GEORGE"/>GEORGE SWALLON</persName> </hi>. I was going up Barbican—Hart told me something—I felt in my pocket, and missed my handkerchief, which had been safe two or three moments before—I have not seen it since.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-110" type="witnessName">
<interp inst="t18590704-name-110" type="gender" value="male"/>
<interp inst="t18590704-name-110" type="surname" value="EATON"/>
<interp inst="t18590704-name-110" type="given" value="THOMAS MORTIMER"/>THOMAS MORTIMER EATON</persName> </hi> (
<hi rend="italic">Policeman</hi>). I took the prisoner—he said it was not him.</p>
<hi rend="smallCaps">
<rs id="t18590704-674-verdict-1" type="verdictDescription">
<interp inst="t18590704-674-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18590704-674-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">He was further charged with having been before convicted.</hi> </p>
<xptr type="pageFacsimile" doc="185907040037"/>
<hi rend="smallCaps">
<persName id="t18590704-name-111" type="witnessName">
<interp inst="t18590704-name-111" type="gender" value="male"/>
<interp inst="t18590704-name-111" type="surname" value="FAWKE"/>
<interp inst="t18590704-name-111" type="given" value="JOSEPH WILLIAM"/>JOSEPH WILLIAM FAWKE</persName> </hi> (
<hi rend="italic">City policeman,</hi> 112). I produce a certificate (
<hi rend="italic">Read: "Guildhall Sessions, December,</hi> 1858;
<hi rend="italic">
<persName id="t18590704-name-112">
<interp inst="t18590704-name-112" type="gender" value="male"/>
<interp inst="t18590704-name-112" type="surname" value="DERBYSHIRE"/>
<interp inst="t18590704-name-112" type="given" value="SAMUEL"/>Samuel Derbyshire</persName>, convicted with George and Charles Jones, of stealing a handkerchief from the person of a man unknown. Confined Six Months.</hi>) I was present—the prisoner is the boy.</p>
<hi rend="smallCaps">GUILTY</hi>.†**—
<hi rend="italic">
<rs id="t18590704-674-punishment-19" type="punishmentDescription">
<interp inst="t18590704-674-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18590704-674-punishment-19" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-674-18590704 t18590704-674-punishment-19"/>Four Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18590704-675">
<interp inst="t18590704-675" type="uri" value="sessionsPapers/18590704"/>
<interp inst="t18590704-675" type="date" value="18590704"/>
<join result="criminalCharge" id="t18590704-675-charge-1" targOrder="Y" targets="def1-675-18590704 t18590704-675-offence-1 t18590704-675-verdict-1"/>
<join result="criminalCharge" id="t18590704-675-charge-2" targOrder="Y" targets="def2-675-18590704 t18590704-675-offence-1 t18590704-675-verdict-1"/>
<persName id="def1-675-18590704" type="defendantName">
<interp inst="def1-675-18590704" type="gender" value="male"/>
<interp inst="def1-675-18590704" type="age" value="18"/>
<interp inst="def1-675-18590704" type="surname" value="BRYAN"/>
<interp inst="def1-675-18590704" type="given" value="DENNIS"/>
<hi rend="largeCaps">DENNIS BRYAN</hi> (18)</persName>, and
<persName id="def2-675-18590704" type="defendantName">
<interp inst="def2-675-18590704" type="gender" value="male"/>
<interp inst="def2-675-18590704" type="age" value="19"/>
<interp inst="def2-675-18590704" type="surname" value="BRYAN"/>
<interp inst="def2-675-18590704" type="given" value="DAVID"/>
<hi rend="largeCaps">DAVID BRYAN</hi> (19)</persName>
<rs id="t18590704-675-offence-1" type="offenceDescription">
<interp inst="t18590704-675-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18590704-675-offence-1" type="offenceSubcategory" value="wounding"/>, Unlawfully assaulting
<persName id="t18590704-name-115" type="victimName">
<interp inst="t18590704-name-115" type="gender" value="male"/>
<interp inst="t18590704-name-115" type="surname" value="BENNETT"/>
<interp inst="t18590704-name-115" type="given" value="ALEXANDER"/>
<interp inst="t18590704-name-115" type="occupation" value="police officer"/>
<join result="offenceVictim" targOrder="Y" targets="t18590704-675-offence-1 t18590704-name-115"/>Alexander Bennett</persName>, a police-officer, in the execution of his duty, and inflicting on him grievous bodily harm.</rs> </p>
<hi rend="smallCaps">POLAND</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18590704-name-116" type="witnessName">
<interp inst="t18590704-name-116" type="gender" value="male"/>
<interp inst="t18590704-name-116" type="surname" value="BENNETT"/>
<interp inst="t18590704-name-116" type="given" value="ALEXANDER"/>ALEXANDER BENNETT</persName> </hi> (
<hi rend="italic">City policeman,</hi> 248). On Saturday night, 4th June, I was in Robin Hood-court, which leads from New-street into Shoe-lane, about 100 yards from Holborn-hill—I saw the prisoners there about a quarter past 12 o'clock—I had known them by sight these 3 years, and have been in the habit of seeing them repeatedly—they were swearing and making use of most abusive language, and I said, "You had better move on; I cannot allow that swearing here at this time of the morning"—Dennis struck me a violent blow on the left ear, and David struck me on the back of the head at the same time, from the effects of which I fell to the ground, and my head came in contact with the kerb—I was rendered insensible, and recollect nothing further—the prisoners were dressed as they are now—David has a very hoarse voice—I was taken to the hospital the same night insensible, and remained there till 18th June—I am not able to attend to my duty yet.</p>
<hi rend="italic">Cross-examined by</hi> Mr.
<hi rend="smallCaps">BARRY</hi>.
<hi rend="italic">Q.</hi> Was David drunk?
<hi rend="italic">A.</hi> No; they were both quite sober, and were swearing at each other—I did not see or hear a woman there—there were no people about; they had all gone; the prisoners were the only two there—I had been about the neighbourhood all the evening—I did not touch him before he struck me—Walthrop was with me—if you wish to know, I have seen Dennis at a police-court, accused of assaulting a civilian in Hatton-garden—he was not convicted; the pro
<lb/>secutor never appeared—that was on 18th December, 1858—I helped to take him in custody—I wished a woman good night as she passed me—I had been in no house since I left the station-house—I said nothing to the prisoners but "Move on"—it was dark, but there were plenty of lamps—I stated the prisoners' names at once as soon as I recovered, but did not describe them—I knew where they lived—they were taken on the Sunday morning—my brother officers also knew where they lived very well—when I was first asked about them, Dennis was in custody—David was taken on Tuesday, but I was not there.</p>
<hi rend="smallCaps">POLAND</hi>.
<hi rend="italic">Q.</hi> What are they?
<hi rend="italic">A.</hi> Costermongers; they live at 3, Union-court—they are known to my brother officers—Union-court is on the right hand side going up Holborn, and Robin Hood-court is on the left.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-117" type="witnessName">
<interp inst="t18590704-name-117" type="gender" value="female"/>
<interp inst="t18590704-name-117" type="surname" value="WIDMORE"/>
<interp inst="t18590704-name-117" type="given" value="ELLEN"/>ELLEN WIDMORE</persName> </hi>. I am the wife of Charles Widmore, of 12, Robin Hood-court, Long-lane—on 4th June the policeman passed me in the court, and I saw two men and women by the milk-shop, using bad language—I had never seen them before, but one had a white jacket, something similar to that (
<hi rend="italic">Dennis's</hi>)—the other one spoke coarsely—the policeman told them to move on—I saw the policeman struck to the ground by a blow from one of them, I cannot say which, and when he was on the ground they kicked him—I said, "Do you intend to do for the man; do you intend to murder him right Out"—they ran away, and said that I knew them.</p>
<hi rend="italic">Cross-examined. Q.</hi> Were you very near to them?
<hi rend="italic">A.</hi> As near as I am</p>
<xptr type="pageFacsimile" doc="185907040038"/>
<p>now—I do not swear to either of them—I do not think they were taller men—I had never seen them before—I did not see their faces; their backs were towards me.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-118" type="witnessName">
<interp inst="t18590704-name-118" type="gender" value="male"/>
<interp inst="t18590704-name-118" type="surname" value="MANNING"/>
<interp inst="t18590704-name-118" type="given" value="GEORGE"/>GEORGE MANNING</persName> </hi> (
<hi rend="italic">City policeman,</hi> 278). I received information on Sunday morning, in consequence of which I took Bryant in custody—I took Dennis at the bottom of Holborn-hill, Victoria-street—I told him I charged him on suspicion of being one of two men who assaulted a constable the night previous—he said, "What time was it?"—I said, "A little past 12"—he said, "I was in bed at 9, and have not been out since till now"—I took him to the hospital, to the ward where Bennett was lying, and asked him if he knew this man—he said, "That is one of the men who assaulted me, he is the man who struck the first blow"—he said that he knew nothing of it, and I took him to the station—on the following Tuesday, 7th June, I took the other prisoner in Union-court, Holborn-hill, where they both live—I told him he was charged on suspicion of assaulting the constable Bennett, with his brother, on the Saturday night previous—he said, "I was on Holborn-hill about 10 minutes past 12, but saw nothing of the assault"—I took him to the station, and from there to the hospital, and asked Bennett if he knew him—he said, "Yes; that is one of the men who assaulted me"—the prisoner said that he did not know him, but Bennett said that he knew him well—I have known the prisoners for a long time—David has rather a peculiar hoarse voice; he speaks through his nose.</p>
<hi rend="italic">Cross-examined. Q.</hi> Why did you say to Dennis, "I charge you on sus
<hi rend="italic">A.</hi> Because I was no witness to the assault, and there are other Dennis Bryants besides him—Bennett did not tell me where Dennis Bryant lived—I acted on information entirely, and his description answered that given to me—I had seen a description of David also—I did not go to his house—I knew I should have him soon, and it is dangerous for one man, to go to a costermonger's; we sometimes get pelted out with brickbats—I was instructed to take him when I met him, and I got the assistance of another constable and took him—I do not know another David Bryant, but there are a number of Bryants in the court—I charged him on suspicion—I had seen Bennett; he knew Him by the name of Riggan—I have known the prisoners for 18 months or 2 years—they have been repeatedly under my observation—I have seen David at the police-court—he was not acquitted; he got a month—it was for assaulting the police—I did not go to the house with a staff of police—if I had done so, and had not found him, it would have put them on the alert, and he would not have been seen again for 2 or 3 months.</p>
<hi rend="smallCaps">MR. POLAND</hi>.
<hi rend="italic">Q.</hi> When you did go, bad you reason to believe you should find him?
<hi rend="italic">A.</hi> Yes; I saw him peeping round the door-post, and got another constable and apprehended him—the assault for which he had a month was six weeks or two months previous.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-119" type="witnessName">
<interp inst="t18590704-name-119" type="gender" value="male"/>
<interp inst="t18590704-name-119" type="surname" value="JOHNSON"/>
<interp inst="t18590704-name-119" type="given" value="BENJAMIN"/>BENJAMIN JOHNSON</persName> </hi> (
<hi rend="italic">City policeman,</hi> 276). I have known Dennis eight months—I saw him in Union-court on Saturday night, June 4, about 10 minutes past 12 o'clock, with his other brother, not David, under a gas-lamp—I got to the top of the road, heard a rattle spring, and met Shepherd with a rattle, who gave me information—there was time for Dennis to have got from where I spoke to him to where I heard the rattle springing; it was on the other side of the road—I then went into the court, and saw four men carrying Bennett, who was insensible—I afterwards went to the hos
<lb/>pital and Bennett said "Dennis Bryant and Regan
<hi rend="italic">has</hi> done this"—when Manning relieved me at 6 next morning, I told him who the men were who</p>
<xptr type="pageFacsimile" doc="185907040039"/>
<p>had committed the assault—when I saw Dennis and his other brother in Union-court they were coming in a direction towards Holborn-hill, running into the court as I was going out—they live about five yards down.</p>
<hi rend="italic">Cross-examined. Q.</hi> Did you go from Holborn?
<hi rend="italic">A.</hi> Yes; that is always my beat—I did not speak to them as I came down, because I did not know that an assault had been committed—I have seen the other brother since—I saw Dennis at a 1/4 past 10, and met him in the court again at 10 minutes past 12—I saw David before, but not afterwards—it is not more than 100 yards from the court where I saw them conversing to where I met the prisoners—they were walking, but appeared out of breath—I did not see them run at all—it was not a policeman who was springing the rattle, it was Shepherd who had got a rattle out of a policeman's pocket.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-120" type="witnessName">
<interp inst="t18590704-name-120" type="gender" value="male"/>
<interp inst="t18590704-name-120" type="surname" value="LANGDON"/>
<interp inst="t18590704-name-120" type="given" value="THOMAS CHARLES"/>THOMAS CHARLES LANGDON</persName> </hi>. I am one of the house-surgeons at St. Bar
<lb/>tholomew's Hospital—on Sunday morning, 5th June, Bennett was brought there, between 12 and 3 o'clock—he was confused and sleepy—he was able to answer questions, but answered them shortly—I examined him; he had a considerable wound on the back of his head, and a small scalp wound—he was suffering from concussion of the brain—he complained of very great pain in his back, though I found no contusion—I was told that he fell on his back with his lanthorn there—he left the hospital on 18th June—he is not well now—he cannot bear the weight of his hat, which is a sign of injury to the brain.</p>
<hi rend="smallCaps">MR. BARRY</hi>
<hi rend="italic">called</hi> </p>
<hi rend="smallCaps">
<persName id="t18590704-name-121" type="witnessName">
<interp inst="t18590704-name-121" type="gender" value="female"/>
<interp inst="t18590704-name-121" type="surname" value="BRYAN"/>
<interp inst="t18590704-name-121" type="given" value="CATHERINE"/>CATHERINE BRYAN</persName> </hi>. I sell things in the street, and live at 3, Union-court—the prisoners are my brothers—on the Saturday night when this took place Dennis went to bed between 9 and 10 o'clock, and I never saw him get up till between 9 and 10 next morning—I did not see David.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. POLAND</hi>.
<hi rend="italic">Q.</hi> Where does your brother Dennis sleep?
<hi rend="italic">A.</hi> In the back room first-floor; Mr. and Mrs. Power sleep in the room—I do not know how many people sleep in the house; we do not keep it, but six or seven sleep in the two rooms on the ground floor—I sleep in the front room, and saw my brother go to bed in the back room; he un
<lb/>dressed with the door wide open and went to bed—my mother keeps the two rooms on the ground floor—she is here, but she was not present at the time Dennis went to bed.</p>
<hi rend="italic">Prisoner Dennis.</hi> I asked before the Magistrate for my witnesses to come, and they would not allow it—whenever the officer Johnson meets me, he kicks me, and says "I never shall be satisfied till I have you."</p>
<hi rend="smallCaps">
<persName id="t18590704-name-122" type="witnessName">
<interp inst="t18590704-name-122" type="gender" value="male"/>
<interp inst="t18590704-name-122" type="surname" value="JOHNSON"/>
<interp inst="t18590704-name-122" type="given" value="BENJAMIN"/>BENJAMIN JOHNSON</persName> </hi>
<hi rend="italic">re-examined.</hi> That is not true—I never said any
<lb/>thing of the kind or inflicted any violence upon him.</p>
<hi rend="italic">Prisoner David (showing one of his legs</hi>). This is where you kicked me.</p>
<hi rend="smallCaps">
<rs id="t18590704-675-verdict-1" type="verdictDescription">
<interp inst="t18590704-675-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18590704-675-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>**—
<hi rend="italic">
<rs id="t18590704-675-punishment-20" type="punishmentDescription">
<interp inst="t18590704-675-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18590704-675-punishment-20" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-675-18590704 t18590704-675-punishment-20"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-675-18590704 t18590704-675-punishment-20"/>Confined Twelve Months each</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18590704-676">
<interp inst="t18590704-676" type="uri" value="sessionsPapers/18590704"/>
<interp inst="t18590704-676" type="date" value="18590704"/>
<join result="criminalCharge" id="t18590704-676-charge-1" targOrder="Y" targets="def1-676-18590704 t18590704-676-offence-1 t18590704-676-verdict-1"/>
<persName id="def1-676-18590704" type="defendantName">
<interp inst="def1-676-18590704" type="gender" value="male"/>
<interp inst="def1-676-18590704" type="age" value="19"/>
<interp inst="def1-676-18590704" type="surname" value="PEARTREE"/>
<interp inst="def1-676-18590704" type="given" value="LYON LOUIS"/>
<hi rend="largeCaps">LYON LOUIS PEARTREE</hi> (19)</persName>
<rs id="t18590704-676-offence-1" type="offenceDescription">
<interp inst="t18590704-676-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18590704-676-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 101 yards of silk, value 3
<hi rend="italic">l</hi>., of
<persName id="t18590704-name-124" type="victimName">
<interp inst="t18590704-name-124" type="gender" value="male"/>
<interp inst="t18590704-name-124" type="surname" value="PAWSON"/>
<interp inst="t18590704-name-124" type="given" value="JOHN FALSHAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18590704-676-offence-1 t18590704-name-124"/>John Falsham Pawson</persName> and others, to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18590704-676-verdict-1" type="verdictDescription">
<interp inst="t18590704-676-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18590704-676-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18590704-676-punishment-21" type="punishmentDescription">
<interp inst="t18590704-676-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18590704-676-punishment-21" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-676-18590704 t18590704-676-punishment-21"/>Confined Eighteen Months</rs>.</hi> </p>
<hi rend="italic">There were three other indictments, and Thomas Smart, City policeman, stated that thirty similar charges could have been brought.</hi> </p> </div1>
<xptr type="pageFacsimile" doc="185907040040"/>
<hi rend="largeCaps">FOURTH COURT</hi>.—
<hi rend="italic">Wednesday, July</hi> 6
<hi rend="italic">th,</hi> 1859.</p>
<hi rend="largeCaps">PRESENT</hi>
<hi rend="smallCaps">MR. RECORDER</hi>, and Mr. Ald and Sheriff
<hi rend="smallCaps">CONDER</hi>.</p>
<hi rend="italic">Before Mr. Recorder and First Jury.</hi> </p>
<div1 type="trialAccount" id="t18590704-677">
<interp inst="t18590704-677" type="uri" value="sessionsPapers/18590704"/>
<interp inst="t18590704-677" type="date" value="18590704"/>
<join result="criminalCharge" id="t18590704-677-charge-1" targOrder="Y" targets="def1-677-18590704 t18590704-677-offence-1 t18590704-677-verdict-1"/>
<persName id="def1-677-18590704" type="defendantName">
<interp inst="def1-677-18590704" type="gender" value="male"/>
<interp inst="def1-677-18590704" type="age" value="19"/>
<interp inst="def1-677-18590704" type="surname" value="THAKE"/>
<interp inst="def1-677-18590704" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES THAKE</hi> (19)</persName>
<rs id="t18590704-677-offence-1" type="offenceDescription">
<interp inst="t18590704-677-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18590704-677-offence-1" type="offenceSubcategory" value="burglary"/>, Burglariously breaking and entering the dwelling-house of
<persName id="t18590704-name-126" type="victimName">
<interp inst="t18590704-name-126" type="gender" value="male"/>
<interp inst="t18590704-name-126" type="surname" value="BULLIVANT"/>
<interp inst="t18590704-name-126" type="given" value="ISAAC"/>
<join result="offenceVictim" targOrder="Y" targets="t18590704-677-offence-1 t18590704-name-126"/>Isaac Bullivant</persName>, and stealing.</rs> </p>
<hi rend="smallCaps">MR. LILLEY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18590704-name-127" type="witnessName">
<interp inst="t18590704-name-127" type="gender" value="male"/>
<interp inst="t18590704-name-127" type="surname" value="BULLIVANT"/>
<interp inst="t18590704-name-127" type="given" value="ISAAC"/>ISAAC BULLIVANT</persName> </hi>. I live at 131, High-street, Shadwell, and am a hat manufacturer—On the morning of 13th May last, I went to bed about 1 o'clock—my house at that time was safe and secure—I came down in the morning a little after 7—I found the doors and windows broken open and a hole in the roof through the ventilator—I missed 40 or 50 caps, 9 felt hats, a pair of spectacles, and several other articles, to the amount of 21
<hi rend="italic">l</hi>.—I gave information to the police immediately, and they came to the pre
<lb/>mises the same evening.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BEST</hi>.
<hi rend="italic">Q.</hi> What was the mode of entrance?
<hi rend="italic">A.</hi> In the roof, through the ventilator—there is a board over the ventilator; that was removed; and they must have got down with a ladder—I did not see the board on that night; I did not get on the roof—I always look at it on Sunday—I cannot swear that I had not seen it since Sunday.</p>
<hi rend="smallCaps">MR. LILLEY</hi>.
<hi rend="italic">Q.</hi> Can you undertake to say whether this place was closed?
<hi rend="italic">A.</hi> No, I cannot; a window had been forced; the window was inside the house and the ventilator outside.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> When they got in through the ventilator, what did they come into next.
<hi rend="italic">A.</hi> The workshop; that is connected with the premises by doors and windows—it adjoins the same roof—there is a door from the workshop into the house, and that was broken open and the windows forced.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-128" type="witnessName">
<interp inst="t18590704-name-128" type="gender" value="female"/>
<interp inst="t18590704-name-128" type="surname" value="FOLEY"/>
<interp inst="t18590704-name-128" type="given" value="MARGARET"/>MARGARET FOLEY</persName> </hi>. I live at 12, Back-row, St. George's-in-the-East, and am an unfortunate girl—on Saturday morning, 14th May, between one and two o'clock, I was in the street, near Mr. Bullivant's house; at that time I saw two men near his premises, going towards the back way—I knew one of the men, Fitzgerald; I can't swear to the other—I don't believe the prisoner is the man—I gave information to the police the same morning—another girl, Ann Jennings, was with me—I don't believe the prisoner is the man I saw—I had known him before for four or five months—I had seen him mostly every night, and sometimes only three nights a week.</p>
<hi rend="italic">Cross-examined. Q.</hi> You had as good an opportunity of seeing him as Ann Jennings?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-129" type="witnessName">
<interp inst="t18590704-name-129" type="gender" value="female"/>
<interp inst="t18590704-name-129" type="surname" value="JENNINGS"/>
<interp inst="t18590704-name-129" type="given" value="ANN"/>ANN JENNINGS</persName> </hi>. I live at the same place as the last witness—On the night of 14th May I was in the street with her, near Mr. Bullivant's house—I saw two men there upon a wall, one of them was Fitzgerald, and the other I don't know; he goes by the name of "the Turtle Dove"—I cannot see him here—the prisoner is not the man.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> How came you to say before the magistrate that he was the man?
<hi rend="italic">A.</hi> I did not.</p>
<hi rend="smallCaps">
<rs id="t18590704-677-verdict-1" type="verdictDescription">
<interp inst="t18590704-677-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18590704-677-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18590704-678">
<interp inst="t18590704-678" type="uri" value="sessionsPapers/18590704"/>
<interp inst="t18590704-678" type="date" value="18590704"/>
<join result="criminalCharge" id="t18590704-678-charge-1" targOrder="Y" targets="def1-678-18590704 t18590704-678-offence-1 t18590704-678-verdict-1"/>
<persName id="def1-678-18590704" type="defendantName">
<interp inst="def1-678-18590704" type="gender" value="female"/>
<interp inst="def1-678-18590704" type="age" value="21"/>
<interp inst="def1-678-18590704" type="surname" value="DUNCAN"/>
<interp inst="def1-678-18590704" type="given" value="ANN"/>
<hi rend="largeCaps">ANN DUNCAN</hi> (21)</persName>
<rs id="t18590704-678-offence-1" type="offenceDescription">
<interp inst="t18590704-678-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18590704-678-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously wounding
<persName id="t18590704-name-131" type="victimName">
<interp inst="t18590704-name-131" type="gender" value="male"/>
<interp inst="t18590704-name-131" type="surname" value="BULLEN"/>
<interp inst="t18590704-name-131" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18590704-678-offence-1 t18590704-name-131"/>William, Bullen</persName>, with intent to do him some grievous bodily harm.</rs> </p>
<hi rend="smallCaps">MR. PLATT</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18590704-name-132" type="witnessName">
<interp inst="t18590704-name-132" type="gender" value="male"/>
<interp inst="t18590704-name-132" type="surname" value="BULLEN"/>
<interp inst="t18590704-name-132" type="given" value="WILLIAM"/>WILLIAM BULLEN</persName> </hi>. I am a seaman living at 8, Anchor and Hope-alley,</p>
<xptr type="pageFacsimile" doc="185907040041"/>
<p>St. George's—I have known the prisoner for the last two years; she lives within two or three doors of me with her husband—on the night of 23d, June, between 11 and 12 o'clock, I was coming from a party at No. 4—I was quite sober—when I got near the door I saw Mrs. Duncan standing close to, the door—I said to her, "I should be ashamed looking into persons houses"—she immediately began blackguarding me, and I said to her, "Now don't begin blackguarding me;" and I said, "I knew you at Wapping"—I was joking at the time—she then ran after me, and seized me by the hair of my head—at this time her husband came up, struck me, and knocked me down—I was still laughing and joking—the prisoner then took my shoe off, and knocked me about the head with it—she then ran into her own house; she came out again, and she had a knife with her—I caught hold of her hand, and had the knife in my hand—I saw the knife—I can't say whether it is here—she then struck me in the forehead; it bled, and I could not see—I am sure she did it.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> You were at Mr. Case's, at No. 4, enjoying yourself?
<hi rend="italic">A.</hi> Yes—I was perfectly sober; all that I had was a pint of beer, and a glass of ale—I did not say to her husband when she had gone in, "You had better go into the shop and look after your wife; whilst you are here, she may have somebody with her;" nothing to that effect—the husband did not at first say, "You are drunk, man"—I never heard him say so—I said I had known her at Wapping—I did not say I could have her at any time for half-a-crown—I had known her at Wapping; she kept a shop there—she flew at me like a tiger—I was knocked down twice—it was after I was knocked down the second time, that the prisoner went to get the knife—I mean to swear that I saw a knife; it was a small knife, like a table knife—I could not see the handle—I was then upon my knees—she could have cut my throat if she had liked—the police did not see any of this; they came just too late—I did not go to the hospital—I have got two marks; here is one (
<hi rend="italic">pointing to his forehead</hi>), the other is only a graze—I was not knocked down near a door-step—the husband held me by the hair—when the police came up I told them about it, and tried to give him into custody, but he had gone away—I was not looking for him everywhere in the house—I did not go into the house—I made a charge against him; he was examined the day after before the magistrate, who fined him 40
<hi rend="italic">s</hi>.—the next morning I went to the house and charged the woman—I had seen Tremble; he slept with me in the same room—after having been with Tremble all night, I went the next morning and gave the prisoner in charge—that was 23d June, 13 days ago.</p>
<hi rend="smallCaps">MR. PLATT</hi>.
<hi rend="italic">Q.</hi> Why did you not give her into custody the same night?
<hi rend="italic">A.</hi> She was inside the house and kept the door locked—I gave her into custody as soon as I could.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You say you tried to give the husband into custody—did you say anything about the wife?
<hi rend="italic">A.</hi> It was the wife I wanted—I gave instructions to the police about the woman—I made the charge to the policeman that night.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-133" type="witnessName">
<interp inst="t18590704-name-133" type="gender" value="male"/>
<interp inst="t18590704-name-133" type="surname" value="TREMBLE"/>
<interp inst="t18590704-name-133" type="given" value="CHARLES"/>CHARLES TREMBLE</persName> </hi>. I am a waterman, living at Church's Gardens, in Wapping—on the night in question I was passing by this place—I saw the prisoner holding the prosecutor by the hair—as far as I could see the woman had a knife in her hand—the prosecutor held her by the wrist, and her husband had hold of the back of his head—the prisoner was flourishing the knife about his face, and knocked him with it; some blood came—I did not see where she cot the knife.</p>
<xptr type="pageFacsimile" doc="185907040042"/>
<hi rend="italic">Cross-examined. Q.</hi> Do you mean to swear you saw a knife at all.
<hi rend="italic">A.</hi> I can't say whether it was a knife; there was something in her hand—I saw three wounds inflicted; one on each side of the eye, and one on his forehead—I came up before the police came—I will swear I was there when the prosecutor was scuffling—he was not lying down; he was standing up—I did not see him on the ground at all—I slept with him that night—I went to the prisoner's house next morning—I did not say to her, "If you will give me 1
<hi rend="italic">l</hi>. I will say nothing about it"—I do not know a person of the name of Roach—I went to the police-station with the prisoner—I did not gay to anybody at the station, "If she would give me 1
<hi rend="italic">l</hi>. I would not go up against her." (
<hi rend="italic">Mrs. Roach was here brought in.</hi>) I know that person now—I did not speak to her on the day in question; I did not see her at all—I did not tell her at the police-office or anywhere else, that if the prisoner would give me a sovereign I would make it all right—she did not say to me, "You vagabond, you know you have taken a false oath; you know you were not there at all"—I never had any conversation with her—I did not see her at the police-court or station to my knowledge—I did not say, "If she does not give me the sovereign I will transport her"—that is false.</p>
<hi rend="smallCaps">MR. PLATT</hi>.
<hi rend="italic">Q.</hi> Is this the first time that you have ever heard of the questions my learned friend has asked you?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-134" type="witnessName">
<interp inst="t18590704-name-134" type="gender" value="male"/>
<interp inst="t18590704-name-134" type="surname" value="MOSS"/>
<interp inst="t18590704-name-134" type="given" value="ROBERT"/>ROBERT MOSS</persName> </hi> (
<hi rend="italic">Policeman, K</hi> 478). From some information I had, I took the prisoner into custody—I told her she was charged with cutting and wounding William Bullen—she said she had not done it.</p>
<hi rend="italic">Cross-examined. Q.</hi> Were you there the night before?
<hi rend="italic">A.</hi> No—the officer is not here who was present the night before.</p>
<hi rend="smallCaps">MR. ROBIHSOK</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">CHARLES TREMBLE</hi>.
<hi rend="italic">Q.</hi> Did you go into the prisoner's house on the same night?
<hi rend="italic">A.</hi> No.</p>
<hi rend="italic">The prisoner's statement before the magistrate was read, as follows:</hi> "I have nothing to say."
<hi rend="italic">Witnesses for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18590704-name-135" type="witnessName">
<interp inst="t18590704-name-135" type="gender" value="male"/>
<interp inst="t18590704-name-135" type="surname" value="CASE"/>
<interp inst="t18590704-name-135" type="given" value="GEORGE SAWDER"/>GEORGE SAWDER CASE</persName> </hi>. I reside at No. 4, Hope and Anchor-alley, St. George's East—about 8 or 9 o'clock on this night, the prosecutor was in my house—when he went out the prisoner and her husband were there—the prosecutor said to the husband, "You had better go into your shop and look after your wife; whilst you are here she may have some one with her"—the prisoner's husband then said, "You are drunk, man"—the prosecutor then said, "I knew her when she was at Wapping, I have
<hi rend="italic">cooked her goose</hi> many times; I can have her at any time for half-a-crown"—the prisoner then said to her husband, "What does he mean, George;" he said, "That he has had connexion with you"—she appeared very exasperated, and she ran after him, pulled her own shoe off, and there was a row commenced—the prosecutor was walking towards his lodgings—she struck him on the face—as far as I could see there was no possibility of his getting off his shoe while they were going up the alley at all—the husband came up to try and get Mrs. Duncan away, and there was a scuffle; they all fell down, and his head struck against a scraper or doorstep—they afterwards got up, and Duncan got his wife towards the door—about two minutes afterwards, Bullen challenged Duncan to fight; Duncan said "You go home;" and Bullen said, "You shall fight"—they then had a stand-up fight, and Duncan got hold of Bullen at the back of the neck and punched his face; then Dutton and some one else came up and parted them—Mrs. Duncan was there at the first—I did not see her go into her house and fetch a knife and then strike either of the men with it; if she had gone into the house I must have seen her—I saw Tremble about five or six minutes after</p>
<xptr type="pageFacsimile" doc="185907040043"/>
<p>it happened; that was when the policemen came up—it was entirely over when Tremble came; I saw him come up.</p>
<hi rend="italic">Gross-examined by</hi>
<hi rend="smallCaps">MR. PLATT</hi>.
<hi rend="italic">Q.</hi> What are you?
<hi rend="italic">A.</hi> A stevedore—I saw the whole of this from beginning to end—I was at my door when the prosecutor went from my house—Duncan's house is about four doors from mine—with the exception of the gas-lights, it was quite dark—during the scuffle I might have gone from my house to the next—I did not go up to the spot—I saw the prosecutor's face afterwards; the blood was pouring down from a wound over the forehead, and they fell close to a scraper—I can't say whether his head struck it—I say Tremble was not there at all till after the occurrence—I won't undertake to say that he was not there before—I was not asked to go before the Magistrate—I was at work—I offered this evidence before, at the police-court in the husband's case—the prisoner's husband came to me and asked me if I knew anything of it; and he subpoenaed me—I did not know that Mrs. Duncan was taken till I came home from work to dinner, at 2 o'clock, and then the trial was over.</p>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> When you came back the trial was all over, was it not?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you see the house searched?
<hi rend="italic">A.</hi> No; after the scuffle I went in after Duncan—I saw a policeman go into his house—that was about a quarter-of-an-hour after the occurrence—I think Tremble went in with him—it was last Monday week that I went before the Magistrate in the husband's case—this happened on the Thursday—the woman was committed on the Friday.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-136" type="witnessName">
<interp inst="t18590704-name-136" type="gender" value="male"/>
<interp inst="t18590704-name-136" type="surname" value="CRAWFORD"/>
<interp inst="t18590704-name-136" type="given" value="FREDERICK"/>FREDERICK CRAWFORD</persName> </hi>. I am a sail-maker, and live at 5, Hope and Anchor-alley, St. George's East—I was there upon the night of 23d June—the first that I saw of this was the prosecutor coming out of No. 4—he said to Mr. Duncan, "You had better go into the shop and look after your wife; while you are here she may have some one with her"—the husband then said to the prosecutor, "You are drunk, man," and he said he could excuse him because he was drunk—Bullen then said to the woman, "I can get you any time for half-a-crown; I have known you at Wapping"—she then said to her husband, "What does he mean, George?" and he said, "That he has had connexion with you"—she then took off her own shoe and beat him over the head—her house is opposite to 4 and 5—the husband then inter
<lb/>fered and they had a fight, and they fell upon a scraper of the step, and the blood came from Bullen's forehead—they then got fighting again—I did not see Mrs. Duncan go into the house—I should have seen her if she had gone—she did not strike a blow after the second fight—I saw the blood after the first fight—the police came up afterwards—I saw Tremble there when the fight was over—I did not see him come up—I did not see anybody go into Duncan's house—I stayed at my own door—it was about 2 o'clock in the morning—I know that the police went into Duncan's house about twenty minutes afterwards—I heard that they went in for the husband—I saw Mrs. Duncan afterwards at her own house—that was after the police went in—they locked the door.</p>
<hi rend="italic">Cross-examined. Q.</hi> Do you mean to say the police locked the door after they were in?
<hi rend="italic">A.</hi> No, after they came out—this was about half-past 1—when I first saw this I was standing at my own door, which is No. 5 in the same court, about ten yards from where this took place—I can't say that I watched everything—Tremble was not there before I saw him—Mrs. Duncan did not leave them at any time that I saw—I saw the man get up with a cut on his head—I did not hear anybody call out anything about a knife—I</p>
<xptr type="pageFacsimile" doc="185907040044"/>
<p>swear that I did not see a knife—I will not swear there was not a knife in the woman's hand—I did not go before the Magistrate on either occasion—I did not offer to go at all—I was not called on.</p>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> I suppose you were hard at work the next morning?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">
<rs id="t18590704-678-verdict-1" type="verdictDescription">
<interp inst="t18590704-678-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18590704-678-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18590704-679">
<interp inst="t18590704-679" type="uri" value="sessionsPapers/18590704"/>
<interp inst="t18590704-679" type="date" value="18590704"/>
<join result="criminalCharge" id="t18590704-679-charge-1" targOrder="Y" targets="def1-679-18590704 t18590704-679-offence-1 t18590704-679-verdict-1"/>
<persName id="def1-679-18590704" type="defendantName">
<interp inst="def1-679-18590704" type="gender" value="male"/>
<interp inst="def1-679-18590704" type="age" value="28"/>
<interp inst="def1-679-18590704" type="surname" value="GLYNN"/>
<interp inst="def1-679-18590704" type="given" value="LUKE"/>
<hi rend="largeCaps">LUKE GLYNN</hi> (28)</persName>
<rs id="t18590704-679-offence-1" type="offenceDescription">
<interp inst="t18590704-679-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18590704-679-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery upon
<persName id="t18590704-name-138" type="victimName">
<interp inst="t18590704-name-138" type="gender" value="female"/>
<interp inst="t18590704-name-138" type="surname" value="MORIARTY"/>
<interp inst="t18590704-name-138" type="given" value="MARY"/>
<join result="offenceVictim" targOrder="Y" targets="t18590704-679-offence-1 t18590704-name-138"/>Mary Moriarty</persName>, and stealing one gown and one bonnet, her property.</rs> </p>
<hi rend="smallCaps">
<persName id="t18590704-name-139" type="witnessName">
<interp inst="t18590704-name-139" type="gender" value="female"/>
<interp inst="t18590704-name-139" type="surname" value="MORIARTY"/>
<interp inst="t18590704-name-139" type="given" value="MARY"/>MARY MORIARTY</persName> </hi>. I am a single woman, living at 18, Greenhill's Rents, Smithfield—on the 2d June, about 10 o'clock, I was coming through White-chapel; I there met the prisoner—I had never seen him before—I asked him the way to some place; he then asked me if I was Irish? I said I was, and he said, "So am I"—he walked a little way with me, and then he caught hold of me, and took a gown and bonnet which I had in my hand and ran away; these are the things (
<hi rend="italic">produced</hi>).</p>
<hi rend="smallCaps">
<persName id="t18590704-name-140" type="witnessName">
<interp inst="t18590704-name-140" type="gender" value="male"/>
<interp inst="t18590704-name-140" type="surname" value="MAYHEAD"/>
<interp inst="t18590704-name-140" type="given" value="WILLIAM"/>WILLIAM MAYHEAD</persName> </hi> (
<hi rend="italic">Policeman, B</hi> 313). I was on duty on this Wednes
<lb/>day night, in Laundry-yard, and saw the prisoner there; I had heard screams before that—he had been running, and was very much exhausted when I stopped him; he had this gown and bonnet in his hand; he could not speak he was so exhausted; the prosecutrix then came up.</p>
<hi rend="italic">Prisoner's Defence.</hi> The prosecutrix asked me the way to Laundry Yard; that is where I live—I walked with her, and she asked me to carry her clothes; I did so—when we got to the yard, she would not take them back, so I went away with them, and told her to call in the morning.</p>
<hi rend="smallCaps">
<rs id="t18590704-679-verdict-1" type="verdictDescription">
<interp inst="t18590704-679-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18590704-679-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18590704-679-punishment-22" type="punishmentDescription">
<interp inst="t18590704-679-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18590704-679-punishment-22" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-679-18590704 t18590704-679-punishment-22"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18590704-680">
<interp inst="t18590704-680" type="uri" value="sessionsPapers/18590704"/>
<interp inst="t18590704-680" type="date" value="18590704"/>
<join result="criminalCharge" id="t18590704-680-charge-1" targOrder="Y" targets="def1-680-18590704 t18590704-680-offence-1 t18590704-680-verdict-1"/>
<hi rend="italic">In the case of</hi>
<persName id="def1-680-18590704" type="defendantName">
<interp inst="def1-680-18590704" type="gender" value="male"/>
<interp inst="def1-680-18590704" type="surname" value="WICKS"/>
<interp inst="def1-680-18590704" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM WICKS,</hi> </persName>
<rs id="t18590704-680-offence-1" type="offenceDescription">
<interp inst="t18590704-680-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18590704-680-offence-1" type="offenceSubcategory" value="wounding"/>
<hi rend="italic">charged with feloniously cutting and wounding </hi>
<persName id="t18590704-name-142" type="victimName">
<interp inst="t18590704-name-142" type="gender" value="female"/>
<interp inst="t18590704-name-142" type="surname" value="FRENCHMAN"/>
<interp inst="t18590704-name-142" type="given" value="ANN"/>
<join result="offenceVictim" targOrder="Y" targets="t18590704-680-offence-1 t18590704-name-142"/>
<hi rend="italic">Ann Frenchman</hi> </persName>
<hi rend="italic">, with intent to murder her;</hi> </rs>
<hi rend="italic"> upon the evidence of Mr. </hi>
<persName id="t18590704-name-143" type="witnessName">
<interp inst="t18590704-name-143" type="gender" value="male"/>
<interp inst="t18590704-name-143" type="surname" value="GIBSON"/>
<interp inst="t18590704-name-143" type="given" value="JOHN ROWLAND"/>
<interp inst="t18590704-name-143" type="occupation" value="surgeon of newgate"/>
<hi rend="italic">John Rowland Gibson</hi> </persName>,
<hi rend="italic"> surgeon of Newgate, the Jury found the prisoner </hi>
<rs id="t18590704-680-verdict-1" type="verdictDescription">
<interp inst="t18590704-680-verdict-1" type="verdictCategory" value="miscVerdict"/>
<interp inst="t18590704-680-verdict-1" type="verdictSubcategory" value="unfitToPlead"/>
<hi rend="italic">insane, and unfit to plead.</hi> </rs> </p>
<hi rend="italic">
<rs id="t18590704-680-punishment-23" type="punishmentDescription">
<interp inst="t18590704-680-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t18590704-680-punishment-23" type="punishmentSubcategory" value="insanity"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-679-18590704 t18590704-680-punishment-23"/>Ordered to be detained until Her Majesty's pleasure be known.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18590704-681">
<interp inst="t18590704-681" type="uri" value="sessionsPapers/18590704"/>
<interp inst="t18590704-681" type="date" value="18590704"/>
<join result="criminalCharge" id="t18590704-681-charge-1" targOrder="Y" targets="def1-681-18590704 t18590704-681-offence-1 t18590704-681-verdict-1"/>
<join result="criminalCharge" id="t18590704-681-charge-2" targOrder="Y" targets="def2-681-18590704 t18590704-681-offence-1 t18590704-681-verdict-1"/>
<persName id="def1-681-18590704" type="defendantName">
<interp inst="def1-681-18590704" type="gender" value="female"/>
<interp inst="def1-681-18590704" type="age" value="27"/>
<interp inst="def1-681-18590704" type="surname" value="HODGES"/>
<interp inst="def1-681-18590704" type="given" value="ANN"/>
<hi rend="largeCaps">ANN HODGES</hi> (27)</persName>, and
<persName id="def2-681-18590704" type="defendantName">
<interp inst="def2-681-18590704" type="gender" value="male"/>
<interp inst="def2-681-18590704" type="age" value="27"/>
<interp inst="def2-681-18590704" type="surname" value="SANDERS"/>
<interp inst="def2-681-18590704" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES SANDERS</hi> (27)</persName>
<rs id="t18590704-681-offence-1" type="offenceDescription">
<interp inst="t18590704-681-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18590704-681-offence-1" type="offenceSubcategory" value="robbery"/>, Feloniously assaulting
<persName id="t18590704-name-146" type="victimName">
<interp inst="t18590704-name-146" type="gender" value="male"/>
<interp inst="t18590704-name-146" type="surname" value="NEIGHBOUR"/>
<interp inst="t18590704-name-146" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18590704-681-offence-1 t18590704-name-146"/>William Neighbour</persName>, and stealing the sum of 2
<hi rend="italic">s</hi>., in money, from his person.</rs> </p>
<hi rend="smallCaps">
<persName id="t18590704-name-147" type="witnessName">
<interp inst="t18590704-name-147" type="gender" value="male"/>
<interp inst="t18590704-name-147" type="surname" value="NEIGHBOUR"/>
<interp inst="t18590704-name-147" type="given" value="WILLIAM"/>WILLIAM NEIGHBOUR</persName> </hi>. I am a labourer, living at Twyford Abbey. On Saturday night, 26th June, I was near a public-house, relieving myself—at that time James Sanders came and took hold of me by the throat—I had seen him in the street before—I did not see him with any one—I saw him about an hour or two hours before—Hodges then came up and picked my pockets—I had not seen her before—they then left me—I kept in sight of the woman till she was given in custody—the male prisoner went another way—I pursued the woman because I thought she had the money—I saw her searched—she had not got it.</p>
<hi rend="italic">Sanders. Q.</hi> Did you not state to the policeman that the man had whiskers, and a beard under his chin, and a blue coat on?
<hi rend="italic">A.</hi> I said he had a blue coat on; I did not say anything about hair.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-148" type="witnessName">
<interp inst="t18590704-name-148" type="gender" value="male"/>
<interp inst="t18590704-name-148" type="surname" value="MAYNARD"/>
<interp inst="t18590704-name-148" type="given" value="JAMES"/>JAMES MAYNARD</persName> </hi> (
<hi rend="italic">Policeman, T</hi> 263). The last witness gave the female prisoner into my custody about half-past 10—he was quite sober—he gave me a description of the man, as having a blue coat on, and a slight tuft of hair under his chin—this was on a Saturday night—the male prisoner was at the court-house on the Monday morning—he was pointed out to me—the</p>
<xptr type="pageFacsimile" doc="185907040045"/>
<p>female prisoner was searched, and on her was found 6
<hi rend="italic">d</hi>., and 4 1/2
<hi rend="italic">d</hi>. in copper—when I searched the male prisoner I found two shillings in silver, and 2 1/4
<hi rend="italic">d</hi>. in copper.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">WILLIAM NEIGHBOUR</hi>.
<hi rend="italic">Q.</hi> What was the coin?
<hi rend="italic">A.</hi> Two shilling-pieces.</p>
<hi rend="italic">Sander's Defence.</hi> I went to the court-house to hear the trials, and the prosecutor came over to me and gave me in charge. I did not leave Kingston till the Sunday morning; I slept at the Black Lion that night. I never saw this woman in my life before.</p>
<hi rend="italic">Hodges' Defence.</hi> I have never seen this man before.</p>
<hi rend="smallCaps">
<rs id="t18590704-681-verdict-1" type="verdictDescription">
<interp inst="t18590704-681-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18590704-681-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18590704-681-punishment-24" type="punishmentDescription">
<interp inst="t18590704-681-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t18590704-681-punishment-24" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-681-18590704 t18590704-681-punishment-24"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-681-18590704 t18590704-681-punishment-24"/>Confined Nine Months each</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18590704-682">
<interp inst="t18590704-682" type="uri" value="sessionsPapers/18590704"/>
<interp inst="t18590704-682" type="date" value="18590704"/>
<join result="criminalCharge" id="t18590704-682-charge-1" targOrder="Y" targets="def1-682-18590704 t18590704-682-offence-1 t18590704-682-verdict-1"/>
<persName id="def1-682-18590704" type="defendantName">
<interp inst="def1-682-18590704" type="gender" value="male"/>
<interp inst="def1-682-18590704" type="age" value="29"/>
<interp inst="def1-682-18590704" type="surname" value="BATES"/>
<interp inst="def1-682-18590704" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN BATES</hi> (29)</persName>
<rs id="t18590704-682-offence-1" type="offenceDescription">
<interp inst="t18590704-682-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18590704-682-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously cutting and wounding
<persName id="t18590704-name-150" type="victimName">
<interp inst="t18590704-name-150" type="gender" value="female"/>
<interp inst="t18590704-name-150" type="surname" value="BATES"/>
<interp inst="t18590704-name-150" type="given" value="FANNY"/>
<join result="offenceVictim" targOrder="Y" targets="t18590704-682-offence-1 t18590704-name-150"/>Fanny Bates</persName>, with intent to do her grievous bodily harm.</rs> </p>
<hi rend="italic">Fanny Bates being called upon her recognizance did not appear.</hi> </p>
<hi rend="smallCaps">
<persName id="t18590704-name-151" type="witnessName">
<interp inst="t18590704-name-151" type="gender" value="male"/>
<interp inst="t18590704-name-151" type="surname" value="TAYLORS"/>
<interp inst="t18590704-name-151" type="given" value="WILLIAM"/>WILLIAM TAYLORS</persName> </hi> (
<hi rend="italic">Policeman, G</hi> 226). I have endeavoured to get Fanny Bates here, but cannot—she was not before the grand jury—I was sent to the hospital for her on the night of 28th—she was in the hospital—I saw a wound upon her; it was a cut on the right side of the cheek—I brought her to the police-station, where the prisoner was—in his pretence she said, "That is the man that
<hi rend="italic">done</hi> it;" and he said, "Yes, I stabbed her with a shoemaker's knife, and I threw the knife away after I had done it"—I am sure he said that.</p>
<hi rend="italic">Prisoner. Q.</hi> You were not the man that took me into custody?
<hi rend="italic">A.</hi> No;—another constable did—you said to me when I came into the station on the 28th about 11 o'clock, "Is she hurt"—I said, "Not much, I think;" and you said, "I stabbed her with a knife, and then threw the knife away."</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> How deep was the wound?
<hi rend="italic">A.</hi> The surgeon said it was about an inch in length, and the knife had gone through the cheek and touched the tongue, but it was not dangerous—I could not find the knife.</p>
<hi rend="italic">Prisoner's Defence.</hi> On Tuesday, 28th, I was working till half-past 8. I used to live in Clerkenwell; but I removed from there to get out of the way of my wife. I got fresh work. On this night I had to go to Clerken-well; I called at my wife's sister's house—I rang the bell—a man came up and said, "If you come to my house again, I will give you in charge". I went there on Sunday again, and asked the landlady if Mrs. Bates lived there—she said, "Yes." The man then came up and asked me what I wanted, and said if I came there again he would give me in charge. My wife, as I was going away, blackguarded me. I felt very exasperated. I have a letter here which I wrote to my cousin about her. I did not strike her with a knife; it was a nail which had been sharpened. My wife has been living with another man from the time I left her.</p>
<hi rend="smallCaps">
<persName id="t18590704-name-152" type="witnessName">
<interp inst="t18590704-name-152" type="gender" value="male"/>
<interp inst="t18590704-name-152" type="surname" value="TAYLOR"/>
<interp inst="t18590704-name-152" type="given" value="WILLIAM"/>WILLIAM TAYLOR</persName> </hi>,
<hi rend="italic">re-examined.</hi> The wife is living with another, man, and has been for some time—I have never known the prisoner before.</p>
<rs id="t18590704-682-verdict-1" type="verdictDescription">
<interp inst="t18590704-682-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18590704-682-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of unlawfully wounding. Recommended to mercy by the Jury.</hi> </rs>
<hi rend="italic">
<rs id="t18590704-682-punishment-25" type="punishmentDescription">
<interp inst="t18590704-682-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t18590704-682-punishment-25" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-682-18590704 t18590704-682-punishment-25"/>Con
<lb/>fined three months</rs>.</hi> </p> </div1>
<xptr type="pageFacsimile" doc="185907040046"/>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Thursday, July</hi> 7
<hi rend="italic">th, and Friday, July</hi> 8
<hi rend="italic">th,</hi> 1859.</p>
<hi rend="largeCaps">PRESENT</hi>.—The Right Hon. the
<lb/>LOCK</hi>; Sir
<hi rend="smallCaps">CHAPMAN MARSHALL</hi>, Knt. Ald.; Sir
<hi rend="smallCaps">ROBERT WALTER CARDERN</hi>, Knt. M.P. Ald.; Mr. Ald.
<hi rend="smallCaps">ROSE</hi>; Mr. Ald.
<hi rend="smallCaps">PHILLIPS</hi>; and Mr.
<hi rend="smallCaps">COMMAN SERJEANT</hi>.</p>
<hi rend="italic">Before Lord Chief Baron Pollock, and the Fourth Jury.</hi> </p>
<div1 type="trialAccount" id="t18590704-683">
<interp inst="t18590704-683" type="uri" value="sessionsPapers/18590704"/>
<interp inst="t18590704-683" type="date" value="18590704"/>
<join result="criminalCharge" id="t18590704-683-charge-1" targOrder="Y" targets="def1-683-18590704 t18590704-683-offence-1 t18590704-683-verdict-1"/>
<persName id="def1-683-18590704" type="defendantName">
<interp inst="def1-683-18590704" type="gender" value="male"/>
<interp inst="def1-683-18590704" type="age" value="48"/>
<interp inst="def1-683-18590704" type="surname" value="SMETHURST"/>
<interp inst="def1-683-18590704" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS SMETHURST</hi> (48)</persName>, was indicted
<rs id="t18590704-683-offence-1" type="offenceDescription">
<interp inst="t18590704-683-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18590704-683-offence-1" type="offenceSubcategory" value="murder"/> for the wilful murder of
<persName id="t18590704-name-154" type="victimName">
<interp inst="t18590704-name-154" type="gender" value="female"/>
<interp inst="t18590704-name-154" type="surname" value="BANKES"/>
<interp inst="t18590704-name-154" type="given" value="ISABELLA"/>
<join result="offenceVictim" targOrder="Y" targets="t18590704-683-offence-1 t18590704-name-154"/>Isabella Bankes</persName>; he was also charged on the Coroner's Inquisition with the like offence.</rs> </p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>,
<hi rend="italic">with</hi>
<hi rend="smallCaps">MESSRS. BODKIN, CLERK</hi>,
<hi rend="italic">and</hi>
<hi rend="smallCaps">MERRE
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>
<hi rend="italic">with</hi>
<hi rend="smallCaps">MR. GIFFARD</hi>
<hi rend="italic">appeared for the Defence.</hi> </p>
<hi rend="italic">In this case after several witnesses had been examined, and the trial had ad
<lb/>vanced into the second day,</hi>
<hi rend="smallCaps">
<persName id="t18590704-name-155" type="jurorName">
<interp inst="t18590704-name-155" type="gender" value="male"/>
<interp inst="t18590704-name-155" type="surname" value="INSTONE"/>
<interp inst="t18590704-name-155" type="given" value="THOMAS"/>THOMAS INSTONE</persName> </hi>
<hi rend="italic">one of the Jurors was taken ill, and, having left the Court, was examined by</hi>
<hi rend="smallCaps">DR.
<persName id="t18590704-name-156" type="witnessName">
<interp inst="t18590704-name-156" type="gender" value="male"/>
<interp inst="t18590704-name-156" type="surname" value="COPLAND"/>
<interp inst="t18590704-name-156" type="occupation" value="doctor"/>COPLAND</persName>, DR.
<persName id="t18590704-name-157" type="witnessName">
<interp inst="t18590704-name-157" type="gender" value="male"/>
<interp inst="t18590704-name-157" type="surname" value="TODD"/>
<interp inst="t18590704-name-157" type="occupation" value="doctor"/>TODD</persName> </hi>,
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR.
<persName id="t18590704-name-158" type="witnessName">
<interp inst="t18590704-name-158" type="gender" value="male"/>
<interp inst="t18590704-name-158" type="surname" value="GOBSON"/>
<interp inst="t18590704-name-158" type="occupation" value="surgeon of newgate"/>GIBSON</persName> </hi>,
<hi rend="italic">Surgeon of Newgate, who stated upon oath that the juror was seriously ill, and unable to discharge the duties of a juryman, and that it would be dangerous to his health should the trial be proceeded with; under these circum
<lb/>stances the</hi>
<hi rend="smallCaps">LORD CHIEF BARON</hi>
<hi rend="italic">discharged the jury without giving any verdict, and
<rs id="t18590704-683-verdict-1" type="verdictDescription">
<interp inst="t18590704-683-verdict-1" type="verdictCategory" value="miscVerdict"/>
<interp inst="t18590704-683-verdict-1" type="verdictSubcategory" value="postponed"/>the trial was postponed until the next Session.</rs> </hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Thursday July</hi> 7
<hi rend="italic">th,</hi> 1859.</p>
<hi rend="largeCaps">PRESENT</hi>
<hi rend="smallCaps">MR. JUSTICE WIGHTMAN</hi>; Sir
<hi rend="smallCaps">CHAMPMAN MARSHALL</hi>, Knt., Ald.; and Mr. Ald
<hi rend="smallCaps">MECHI</hi>.</p>
<hi rend="italic">Before Mr. Justice Wightman and the Sixth Jury.</hi> </p>